1

Evolution of LOCAL GOVERNMENT SYSTEM

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
14

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

15

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

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
17

British Period
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.
18

British Period
Punjab Municipal Act, 1867 Constitution of municipal committees with power to levy taxes Punjab Municipal Act 1873 - municipalities and 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
19

British Period
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
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

21

British Period
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

22

British Period
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
23

British Period Rural Areas

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
24

British Period Rural Areas

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 nonofficials Local Rates Act of 1878 under which the rates of taxes were enhanced
25

British Period Rural Areas

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
26

British Period
Punjab Municipal Act 1911 - a comprehensive piece of 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
27

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
28

Conclusions British Period and LG System

With the advent of the British, local institutions

underwent far-reaching changes

Punchiyats went into disuse Anglo-Saxon introduced system of local government

Conclusions British Period and LG System 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
30

POST INDEPENDENCE - LOCAL GOVERNMENTS

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

POST INDEPENDENCE - LOCAL GOVERNMENTS

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 - LOCAL GOVERNMENTS

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

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)

36

BASIC DEMOCRACIES SYSTEM

AN OVERVIEW

37

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
38

LGs POST 1958

Basic Democracies Order, 1959 General Ayub established local governments in the form of Basic Democracies (BD) BDs used to legitimize new unitary Presidential Constitution (1962) 80,000 Basic Democrats Electoral College for the election of President and national and provincial assemblies
39

BDs SYSTEM
Hierarchical system of four/five linked tiers Lowest tier, the Union Council, covered a village population of 8000 to 15000 people Comprised Basic Democrats elected on the basis of adult franchise Other tiers - some members elected indirectly by these Basic Democrats Other official members nominated by the Government Officials as Chairmen (ACs, Tehsildar, DC, Commissioner)
40

BDs SYSTEM
Bureaucracy controlling 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
41

BDs SYSTEM
Basic Democracies Scheme not democracy in reality Ayubs concept of controlled democracy Paternalistic colonial view of guardianship Basic Democracies system had a pronounced rural bias in terms of representation and flow of resources Rural areas given access to development resources through the Rural Works Programme
42

BDs SYSTEM
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 nominated
43

Union Councils
Total Union Council member- ship of 15 with

10 elected members
Town and Union Committees in urban centers

filled in the same manner - appointments

made by Commissioner

Each Council or Committee elected its own

chairman
44

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

45

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."
46

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 the government or delegated by the District Council
47

Union Development Advisory Committees

Work with the Councils as consultants Composed agricultural, of area representatives and of

industrial

community

development projects
48

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

49

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
50

Tehsil Council
Additional persons are appointed Appointees not more than the representative members No direct election by the people Chairman of Tehsil Council was AC

51

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

52

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

53

District Councils - Functions

Compulsory Provision and maintenance of primary schools, libraries and hospitals Agricultural, industrial and community development A long list of activities relating to public safety and welfare Optional Same areas of interest but are less pressing in their urgency Coordinating body for activities of all local Councils within the district May recommend solutions to recurring problems - requiring development programs
54

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
55

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 the official heading of "Local Councils
56

Conclusions
Paternalistic Model Bureaucratic Control Regime Legitimacy Issue Rural Urban Divide

Mix of elected and nominated members

57

LOCAL GOVERNMENT SYSTEM 1979

AN OVERVIEW

58

Constitutional Provisions
The Constitution of the Islamic Republic of Pakistan (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 institutions special representation will be given to peasants, workers and women"
59

LOCAL GOVERNMENT SYSTEM 1979 TO 2000

The 1979 system was introduced to establish a platform for socio-economic development and to encourage local leadership at 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 Municipal Committees 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 .

The constitution of the Local Councils and its total Membership after 1991 Election was as under:Sr.No
a b c d e f

Name of Local Councils

Metropolitan Corporation Municipal Corporations Municipal Committees Town Committees Union Councils Zila Councils Total

No. of Local Councils

1 7 70 138 2472 32 2720

No. of Members
156 495 1848 2161 43776 1807 5024

Elections were required to be held in 1994. Following Local Councils were constituted but due to rivalry between the Provincial and Federal Government (Wayne + Wattoo) (Benazir Bhutto), the Local Councils were dissolved and new Elections were not held:a) Metropolitan Corporation, Lahore b) Corporations c) Municipal Committees = = = One 07 74

d) Town Committees
e) Union Councils f) Zila Councils Total

= 135
= 2485 = 34

= 2736

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.

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 Administrator so 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.

Sr.No
a b c d e Metropolitan Corporation Municipal Corporations Municipal Committees Town Committees Zila Councils Total

No. of Local Councils

1 7 79 140 34 261

No. of Members
301 765 3062 3142 3455 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)

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.

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 were extremely 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 local taxes. 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.

PROBLEMS FACED BY LOCAL BODIES

The audit of local councils was carried out by the Local Fund Audit but the objections of the auditors were not 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

The local finances needed to be controlled through correct budgeting, accounting, careful purchasing and other methods of fiscal control. Leakages in revenue, tax evasion, 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 in financial losses to the local councils concerned.
69

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 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 2009. LGs in suspension since local

Comparative analysis of LGP 2000 and Local Bodies Ordinance 1979

Sr.No
1 2 3 4

Local Government Ordinance 1979

Separate local councils for rural and urban areas Tenure of local government was 4 years Voters age was 21 years There was no educational qualifications for Chairman and vice chairman Female participation was 10 % Members could participate in elections as many times as they wanted Members were not bound to under go training

Local Government Ordinance 2001

The concept of rural and urban local councils has been eliminated Tenure of local government has been reduced to 3 years Voters age has been lowered to 18 years The Zila Nazim and Naib Zila Nazim will now have academic qualification of at least matriculation/secondary school certificate, or equivalent. Female participation has been made 33 % Now a candidate cannot become Nazim and Naib Nazim more than twice. Now members are being encourage to participate in the training.

5 6

Comparative analysis of LGP 2000 and Local Bodies Ordinance 1979

Sr.No
8

Local Government Ordinance 1979

No Confidence Motion could have been tabled against the Chairman and vice chairman at any time. In case of failure of the no confidence motion, there was no mechanism for action against the initiator of the motion. Local council did not have any control over the police Public safety was a provincial responsibility Bye elections could be held during any time in the year Accountability was a provincial duty

Local Government Ordinance 2001

Only once a year No Confidence Motion against Nazim and Naib Nazim could be tabled In case of failure of the no confidence motion both members, the one who tabled the motion and one who seconded it, will have to loose their seats. For law and order the police has been made to report to the Zila Nazim?? Establishment of Public Safety Commission at the union council level Bye election are to be held only once in a year Zila council will elect Ombudsman at the district level????

10 11 12 13

Comparative analysis of LGP 2000 and Local Bodies Ordinance 1979

Sr.No
14

Local Government Ordinance 1979

Collective development work was undertaken at the union council level

Local Government Ordinance 2001

Union councils, Citizen Community Boards and village councils are to play active role for collective development planning
The members of all local councils will have forums to have contact with each other. Opportunity for peoples participation in development planning Bottom up approach in planning

15

Members of the local councils did not have any proper forum to maintain contact with each other. Little peoples participation in development planning Top down approach in planning

16

17

74