Evolution of LG System
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Evolution ofLOCAL GOVERNMENT SYSTEM
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Early Period
Communities, mostly rural, left to manage their own
affairs
Panchayats the earliest form of local institutions
Comprised councils of elders which strove to meet
local needs and to administer justice
People were united through bonds of community
loyalties
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Early Muslim period
Country was divided into sarkars, parganas, towns and dehs
Deh or the village - Mir Deh
Mohallah in a town or city - Mir Mohallah and a city by a
Kotwal
Qazis to adjudicate disputes
Mohtasib kept watch over public morals
'Ombudsman' with powers to take corrective actions
All these offices appointive
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Mughal Period and After
System of local governance introduced by the
early Muslims followed during the Mughal
period (1526-1857)
British- a new intervention in the form of
reorganized district administration was
introduced
"Panchayats" went into disuse rapidly 16
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British Period Local government legislation on a wider scale started with the
Municipal Act of 1850
Law provided for the constitution of municipal committees at
the initiative of citizens
Act was extended to Punjab and Karachi in 1852
Transfer of authority from the East India Company to the
Crown under the Government of India Act, 1858
To meet political aspirations of people - introduction of local
government was necessary
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Punjab - establishment of municipal committees
taken up in 1862
Institutions were rather informal
Inhabitants were given the right to constitute wards
as they desired
Functions: drainage, water supply, lighting, street
pavement, sanitation, etc.
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British Period
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Punjab Municipal Act, 1867
Constitution of municipal committees with
power to levy taxes
Punjab Municipal Act 1873 - municipalitiesand towns were classified with varying powers
Municipal committees of the third class were
not independent
Comprised appointed members - take action
only with the approval of DC
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British Period
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Lord Ripon's Resolution of 1882, which inter
alia stated:
"It was not primarily with a view to improvement in
administration, that this measure is put forward and
supported. It is chiefly designed as an instrument of
political and popular education."
Advocated elected chairmen of tehsil, district
and municipal boards 20
British Period
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Punjab Municipal Act 1884 - committees were made
corporate bodies
Vested with powers to levy taxes
Appointment as well as election
Municipal committee headed by a President
Election subject to the approval of the government
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British Period
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Punjab Municipal Act was re-enacted in 1891
Under the Bombay Municipal Act, 1884, 35
municipal committees were constituted in
Sind
Under the Indian Councils Act, 1892 - the local
government laws were refined further
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British Period
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Pace of development of rural local governments
increased after report of the Famine Commission of
1880 and Lord Ripon's Resolution of 1882
Punjab District Board Act 1883
Compulsory to constitute a district board in every
district
Members of the district boards could opt for an
elected or an official chairman
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British Period
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Rural areas - local government introduced in the
form of Chowkidari Act in 1856
Provided for watch and ward in local areas
Panchayats were appointed to collect rates for
meeting expenses of the Chowkidari system
District funds set up for the management of local
rate - levied as acess on land revenue
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British Period Rural Areas
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Fund was utilized for education etc. Managed by district officials
Punjab Local Rates Act 1871 - authorizing the
imposition of local rate Controlled by committees of officials and non-
officials
Local Rates Act of 1878 under which the ratesof taxes were enhanced
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British Period Rural Areas
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Punjab Panchayat Act of 1939
Enhanced the powers of the members of
panchayats
Constitution of Panchayats continued to be
optional
Depended upon the initiative of the district
officers
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British Period Rural Areas
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Punjab Municipal Act 1911 - a comprehensive pieceof legislation
Continued till its repeal under Municipal
Administration Ordinance 1960
Lahore Corporation Act 1941 - transfer of most of the
executive powers to an appointed Executive Officer
Sindh Municipal Act 1933
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British Period
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Royal Commission 1907
Royal Commission on Decentralization (1907)examined the reasons behind the failure of
self-governing bodies
Concluded it was due to: Strict official control
Excessive narrow franchise
Meager resources Lack of education and shortage of committed
persons
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Conclusions British Period and LG System With the advent of the British, local institutions
underwent far-reaching changes
Punchiyats went into disuse
Anglo-Saxon system of local government
introduced
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Local governments were formed in a top-down
manner in urban and rural areas
Extremely circumscribed functions
Members nominated by the British bureaucracy
District Committees formed by the District Officers
from amongst their mulaqatis
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Conclusions British Period and LGSystem
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POST INDEPENDENCE - LOCALGOVERNMENTS
Bureaucracy completely controlled local bodies
Local bodies were denied legitimacy by not holding elections
Where elections were held massive malpractices were
witnessed
1959 to 1970 Basic Democrats (BDs) were in control of local
Government Institutions
Political parties were not involved
BDs were used as their substitute
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Peoples Local Government Ordinance was promulgated in
1972
Punjab Local Government Act 1975 - which remained in force
up to 1979
No elections were held - affairs of Local Councils looked after
by Administrators
From 1971 to 1979 elected Local Councils did not exist
Affairs of Local Government were managed by the
Government officials 34
POST INDEPENDENCE - LOCALGOVERNMENTS
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Deputy Commissioner and Commissioner coordinated the
development process
Development work in the districts entrusted to District Councils
- Local Government Ordinance, 1979
District Administration continued to interfere in the activities of
the Local Councils
POST INDEPENDENCE - LOCALGOVERNMENTS
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SOME OF THE PROGRAMMES 1953-79
Village Aid Program(1953)
Rural Works Program (Basic Democracy 1960)
Integrated Rural Development Program
(IRDP)(1972)
People Works Program (1973)
Matching Grant Schemes(1981-82)
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BASIC DEMOCRACIES SYSTEM
AN OVERVIEW
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LGs POST 1958
First Martial Law in 1958
Elective Bodies (Disqualification) Order
promulgated
Applicable to any person who held any public
office or position including membership of any
elective body in the country
6,000 politicians and officials were
disqualified
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Basic Democracies Order, 1959 General Ayub established local governments
in the form of BasicDemocracies (BD)
BDs used to legitimize new unitaryPresidential Constitution (1962)
80,000 Basic Democrats Electoral College for
the election of President and national andprovincial assemblies
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LGs POST 1958
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BDs SYSTEM
Hierarchical system of four/five linked tiers
Lowest tier, the Union Council, covered a villagepopulation of 8000 to 15000 people
Comprised Basic Democrats elected on the basisof adult franchise
Other tiers - some members elected indirectly bythese Basic Democrats
Other official members nominated by the
Government Officials as Chairmen (ACs, Tehsildar, DC,
Commissioner)
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Bureaucracycontrolling authority
Power to:
Quash the proceedings
Suspend resolutions passed or orders made by any
local body
Prohibit the doing of anything proposed to be done
To require the local body to take some action
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BDs SYSTEM
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Basic Democracies Scheme not democracy -
in reality
Ayubs concept ofcontrolleddemocracy
Paternalistic colonial view ofguardianship
Basic Democracies system had a pronouncedrural bias in terms of representation and flowof resources
Rural areas given access to developmentresources through the Rural WorksProgramme
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BDs SYSTEM
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Union Council the most important tier
Each council had between four and fifteen elected
members
Each representative to the council elected by a
constituency of roughly 1000 persons
Appointed members - not exceeding "more than
one-half of the total number" of the elected
members DCs nominated43
BDs SYSTEM
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Total Union Council member- ship of 15 with10 elected members
Town and Union Committees in urban centersfilled in the same manner - appointments
made by Commissioner
Each Council or Committee elected its own
chairman44
Union Councils
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Union Councils
Union Councils were given developmental functions
Empowered to impose local taxes for local projects
Conferred judicial functions under:
Conciliation Courts Ordinance 1961
Arbitration powers in divorce proceedings
under the Muslim Family Laws Ordinance 1961
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Special Community Tax
..On the adult males for the construction of
any public work of general utility for the
inhabitants of the local area concerned
unless the local council concerned exempts
any person in lieu of doing voluntary labour of
having it done on his behalf."
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UC Functions
Health, safety and comfort of the inhabitants
Supervision of the operations of village police
force
Assist government revenue officials Responsible for agricultural, industrial and
community development
Carry out functions assigned by thegovernment or delegated by the District
Council
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Union Development Advisory
Committees
Work with the Councils as consultants
Composed of area representatives of
agricultural, industrial and community
development projects
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Union Councils
Council members hold office for five years
May be disqualified for:
Misconduct and persistent absence from meetings
If they became government officials
Had a pecuniary interest in affairs of the councils
DC could remove members he appointed
A majority vote of the next higher council may
remove elected members
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Tehsil Council
Above the Union Councils is the Tehsil Council
Tehsil- police, administrative and revenue
units
Chairmen of Union Councils and Town
Committees - ex-officio members of the Tehsil
Councils - representative members
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Additional persons are appointed
Appointees not more than the representative
members
No direct election by the people
Chairman of Tehsil Council was AC
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Tehsil Council
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Functions Tehsil Councils
Coordinating activities of the U.C. and T.C.
Carrying out of tasks assigned by the District
Council
Provide an outlet for the overflow functions of
the District Council
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Di t i t C il C iti
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District Council- Composition
Chairmen of the Tehsil Councils
Chairmen of Municipal Bodies
Vice-presidents of Cantonment Boards
Representatives of various government departments
in the district Members appointed by the Commissioner - half of
appointees chairmen of the U.C. and T.C.
Appointees > number of official members
Chairman of the District Council - DC
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District Councils - Functions
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Compulsory
Provision andmaintenance of primaryschools, libraries andhospitals
Agricultural, industrialand communitydevelopment
A long list of activities
relating to public safetyand welfare
Optional
Same areas of interestbut are less pressing intheir urgency
Coordinating body foractivities of all localCouncils within thedistrict
May recommend
solutions to recurringproblems - requiringdevelopment programs
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Divisional Council
Chairman - Commissioner
Composition:
Chairmen of District Council
Representatives of government departments
Municipal bodies and Cantonment Boards
An equal number of appointments made by the
Government coming from Chairmen of U.C.
Divisional Council is primarily a coordinating body
Proposals for development schemes passed on to the
Provincial Development Advisory Council
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Provincial Development Council
Advisory body
Composition: Heads of government departments in
the province
Appointees of the President on the
recommendations of Governor
1/3 members chosen from among the chairmen of
the U.C.
Development Council does not come under theofficial heading of "Local Councils
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Conclusions
Paternalistic Model
Bureaucratic Control
Regime Legitimacy Issue
Rural Urban Divide
Mix of elected and nominated members
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LOCAL GOVERNMENT SYSTEM
1979
AN OVERVIEW
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Constitutional Provisions
The Constitution of the Islamic Republic ofPakistan (Article 7) recognizes local authorities
(with power to tax) as organs of the State
Article 32 provides that "The State shall
encourage local government institutions
composed of elected representatives of the
areas concerned and in such institutionsspecial representation will be given to
peasants, workers and women"
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LOCAL GOVERNMENT SYSTEM 1979 TO 2000 The 1979 system was introduced to establish a platform for
socio-economic development and to encourage local leadershipat the grass-root level in villages and urban areas, so that the
common man could get relief from his day to day problems.
Union and District Councils were provided for the rural areas
and Town Committees, Municipal Corporations and MunicipalCommittees for the urban areas. In Union Councils, 1,000 to
1,500 people elected one representative. The size of the Union
Council varied with the population of the area. The chairman
and vice-chairman of the Union Council were elected by the
council.
Elections for Local Councils were held regularly under 1979
Ordinance;79 to 1991 .
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The constitution of the Local Councils and its
total Membership after 1991 Election was as
under:-
Sr.No Name of Local Councils No. of Local
Councils
No. of
Members
a Metropolitan Corporation 1 156
b Municipal Corporations 7 495
c Municipal Committees 70 1848
d Town Committees 138 2161
e Union Councils 2472 43776
f Zila Councils 32 1807
Total 2720 5024
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Elections were required to be held in 1994. Following Local Councils
were constituted but due to rivalry between the Provincial and FederalGovernment (Wayne + Wattoo) (Benazir Bhutto), the Local Councils
were dissolved and new Elections were not held:-
a) Metropolitan Corporation, Lahore = One
b) Corporations = 07
c) Municipal Committees = 74
d) Town Committees = 135
e) Union Councils = 2485
f) Zila Councils = 34
Total = 2736
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Under the 1979 law, Government was not empowered to
dissolve the Local Councils without announcing the schedule
of fresh Elections.
Lahore High Court held that the Local Councils could
not remain under suspension indefinitely; fresh Elections
must be held within three months as envisaged under Section
159.
In view the above judgments, the Punjab Local
Government Ordinance was amended on 04.05.1994 to nullify
the effect of judgment. Accordingly, Section-26 (A) was added
in the Ordinance.
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By virtue of the provisions of Section-26 (a) the powers of
the Local Councils were usurped ; All powers and functions of
the Local Councils were to be exercised by the Administratorso appointed, till such time the newly elected representatives
were to be not inducted in to their offices.
The Deputy Commissioners were appointed as
Administrators of the Zila Councils and Independent
Administrators for Municipal Corporations.
The Additional Deputy Commissioners of the Districts as
Administrator of Municipal Committees ; Municipal Committees
other than District Headquarters were placed under respective
Assistant Commissioners.
The Project Managers of LG Dep't were notified as its
Administrators of Union Councils. These arrangements
remained intact up to 20.5.1998.
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Sr.No No. of Local
Councils
No. of
Members
a Metropolitan Corporation 1 301
b Municipal Corporations 7 765
c Municipal Committees 79 3062
d Town Committees 140 3142
e Zila Councils 34 3455
Total 261 10725
Elections to the above councils were held in may 1998; No
elections were held in 2870 Union Councils and the
Project Managers continued to act as Administrators.
The people of rural areas at grass root level were
deprived of their rights for over six years(1994-99)
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Elections for the Union Councils were not held due to
political reasons on the issue of multiple wards etc. The
Union Councils remained under the charge of Project
Managers.
The Local Councils which were elected were also
suspended on 15.10.1999,after having remained in action May
98 to Oct 99.
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PROBLEMS FACED BY LOCAL BODIES There was lack of coordination between nation building
departments and local councils, affecting their resource
mobilization capability.
Taxes of local councils were auctioned ;collecting by
contractors, resulted in Leakages and harassment to public.
Collection of taxes levied by Union Councils depended upon
the efforts of their paid Secretaries. These employees wereextremely under-paid and had very little facilities which hampered
their effectiveness.
Both District and Union Councils were empowered to levy
taxes in rural areas but some of their taxes over- lapped which
caused confusion and also affected the pace of collection of localtaxes. For example, the District and Union Councils had common
levies such as tax on annual rental value of buildings and lands,
market fees, fees at fairs, agricultural shows, industrial
exhibitions etc., fee for slaughtering of animals, fees for licenses,
tolls on roads and bridges and so on.
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The audit of local councils was carried out by the
Local Fund Audit but the objections of the auditors werenot removed by the local councils and in some cases
inordinate delays occurred in their removal. Lack of
financial discipline on the part of local bodies rendered
resource mobilization meaningless.
There were a number of taxes for which local bodies,
both urban and rural, had been empowered but these had
not been imposed by the local councils due to some
practical area problems. If the taxes permissible under the
statutes were imposed by local bodies, the financial crisis
which many local councils were facing may have been
resolved.
PROBLEMS FACED BY LOCAL BODIES
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PROBLEMS FACED BY LOCAL BODIES
The local finances needed to be controlled
through correct budgeting, accounting,
careful purchasing and other methods of
fiscal control. Leakages in revenue, taxevasion, wastage and misuse of funds could
not be checked effectively. The Accountants
and Accounts Officer in most of the local
councils were not trained. This resulted infinancial losses to the local councilsconcerned.
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Local Government Ordinance 1979:
Under the 1979 law, similar rules and regulations were made
for urban and rural local councils. Women were given 10 %representation in the local councils. Various classes of the society
were given representation in the local councils, however these
members were indirectly elected by the directly elected councilors.
Age for the voter was fixed at 21 years, and the tenure of the
local council ,fixed for 5 years ,later reduced to 4 years. However,
under this law all the local councils used to operate separately.
Under this law, the government had the control over the local
Councils.
New LG 2001- Musharraf government came up with the idea
of new Local Government system 2001 The new Government as
per previous practice is keeping the LGs in suspension since
2009.
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Comparati e anal sis of LGP 2000 and Local Bodies
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Sr.No Local Government Ordinance
1979
Local Government Ordinance 2001
8 No Confidence Motion could have
been tabled against the Chairman and
vice chairman at any time.
Only once a year No Confidence Motion
against Nazim and Naib Nazim could be
tabled
9 In case of failure of the no confidence
motion, there was no mechanism foraction against the initiator of the
motion.
In case of failure of the no confidence
motion both members, the one whotabled the motion and one who
seconded it, will have to loose their
seats.
10 Local council did not have any control
over the police
For law and order the police has been
made to report to the Zila Nazim??
11 Public safety was a provincial
responsibility
Establishment of Public Safety
Commission at the union council level
12 Bye elections could be held during
any time in the year
Bye election are to be held only once in
a year
13 Accountability was a provincial duty Zila council will elect Ombudsman at
the district level????
Comparative analysis of LGP 2000 and Local Bodies
Ordinance 1979
Comparative analysis of LGP 2000 and Local Bodies
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Sr.No Local Government Ordinance
1979
Local Government Ordinance 2001
14 Collective development work was
undertaken at the union council level
Union councils, Citizen Community
Boards and village councils are to play
active role for collective development
planning
15 Members of the local councils did nothave any proper forum to maintain
contact with each other.
The members of all local councils willhave forums to have contact with each
other.
16 Little peoples participation in
development planning
Opportunity for peoples participation in
development planning
17 Top down approach in planning Bottom up approach in planning
Comparative analysis of LGP 2000 and Local Bodies
Ordinance 1979
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.
.