local government in pakistan 1947 - 2015

D E M OCR ACY

LOCAL GOVERNMENT IN PAKISTANPhone: +92 51 2850912-6Fax: +92 51 2850917Email: [email protected]: www.fes-pakistan.orgFriedrich-Ebert-Stiftung, Pakistan@FES_PAK

ResponsiblePhilipp KauppertResident Director,Friedrich Ebert StiftungPakistan

Friedrich Ebert Stifting PakistanNo. 10-A, Street No. 31, F-8/1Islamabad, Pakistan

Commercial use of all media published by the Friedrich-Ebert-Stiftung (FES)is not permitted without the written consent of the FES. Disclaimer: The views expressed in this publication are not necessarily those of the Friedrich-Ebert-Stiftung

Sangat Development FoundationNo.26-C/1,Faisal TownLahore,PakistanPhone: +92 423 5165147Email: [email protected]

By M. Zahid Islam

A publication by:

In partnership with

&

Compilation & Editing: Mona Elizay

Coordination: Sidra Saeed Layout: AGLOW Graphics, Islamabad Copyrights: Friedrich Ebert Stiftung (FES), Pakistan Year of Publication: 2015

Cover Photo & Designing: Mona Elizay

ISBN: 978-969-9675-04-1

Author: M. Zahid Islam

Local Government in PakistanLocal Government in PakistanI ii

Democratic culture is not only manifested in elections, but should be regarded as a

continuous process of interactions between citizens, their elected representatives

and the state in its different institutions. In order to deepen democratic culture;

processes of deliberations amongst all citizens – regardless of their ethnic, religious

or political identities – are required. These are means to address the deficiencies of

the social contract, which is needed to find ways to a peaceful future of the country.

Since the 18th Amendment to the Constitution in 2010, a process of devolution of

power has been revitalized. Whereas many subjects have been taken up by the

different provincial governments with a lot of enthusiasm, the picture is less

optimistic regarding the system of Local Governments.

As a German Political Foundation committed to the values of Social Democracy, we

believe that democratic local governments constitute a crucial pillar in a truly

representative and inclusive political system. This is not only limited to managing the

lowest level of administration in terms of accountability and transparency, but can

also be extended to providing more spaces for initiatives in many core policy areas.

International examples have shown serious improvements in such important areas

as water, sanitation, education and health through participative systems of local

governance.

This book has been designed to analyze the system of local governments related to its

history, functions and other key features from 1947 until the beginning of 2015. Since

is a controversial subject that is moving at different pace in the provinces in 2015, not

all recent developments could be covered at the same depth. I sincerely hope that this

book becomes a useful tool and reference document for all citizens engaged in

deepening the processes of democratization and devolution of power in Pakistan. I

want to express my gratitude to Sidra Saeed, Programme Officer - FES for

coordinating this publication.

Philipp Kauppert

Resident Director

Friedrich-Ebert-Stiftung (FES) Pakistan

FOREWORDCONTENTS

Chapter 6: NEW DEVELOPMENTS IN RECENT PERIOD

Chapter 1: INTRODUCTION

Chapter 2: DEVELOPMENT STRATEGIES IN PAKISTAN

Chapter 3: KEY ISSUES IN GOVERNANCE

Chapter 4: BUILDING LOCAL GOVERNMENT INSTITUTIONS

Chapter 5: SYSTEM IN PAKISTAN

BASIC ISSUES REGARDING LOCAL GOVERNMENT

FOREWORD

NOTE FROM THE AUTHOR

FRIEDRICH EBERT STIFTUNG (FES)

SANGAT DEVELOPMENT FOUNDATION

69

01

07

13

19

57

ii

iii

v

vi

TABLE AND CHARTS 99

Local Government in Pakistan ivLocal Government in Pakistaniii

previous Devolution Plan but practically only Balochistan government had enacted in

year 2010 a new law of local government whereas other provinces could not even

formulate a new model till 2012, however they enacted new local government laws in

2013 but interestingly these governments could not hold new law in place and the old

system has been continuing with few amendments with sole powers to the

administrators, the state functionaries from civil services.

There might be certain reasons and motives behind 'junta's' move, but that is a

historical fact that we have had five democratically elected governments but not even

one of them has ever tried to introduce a new version of local government. Most of

these popular governments usually have maintained the old system introduced by

the military junta but with minor changes and without making any fundamental

amendments. However, during 1975 the PPP government had enacted a new Peoples

Local Government Act, but could not be enforced. Similarly, during 1996 the Punjab

government of PML-N also enacted a new law but Lahore High Court had declared it

against the spirit of the constitution. In basic framework both of these laws were not

different to previous models of military governments.

Besides these facts, the local government institutions always proved to be the best

primary institutions for political training. A large number of political activists came

from these local councils. It is a fact that mostly our sitting legislators are the former

heads or members of these local councils, who have been inducted into mainstream

politics after serving in these local councils.

In this book, I have tried to elaborate some key issues regarding local governance.

Moreover, to best of my efforts, short histories of local government development in

Pakistan and salient features of various models have been traced as well.

Some text of this book related to the history and issues of local government in

Pakistan has been taken from my previous book named 'Development of Local

Government in Pakistan (1947-2011): Issues, Perspectives, Proposals'. I have

collected maximum information from concerned circles but some information may

require more clarifications. Therefore suggestions and comments from the readers

will be encouraged. I am grateful to FES team in Pakistan for their continuous support

and guidance in developing this publication.

M. Zahid Islam,

Executive Director,

Sangat Development Foundation

NOTE FROM THE AUTHOROnce, a great thinker said, people make history but they could not make history

according to their ideals, there are always many constraints, hurdles and limitations

to turn their dreams into reality but they always are successful in achieving partial

positive results. This is absolutely true in case of Pakistan, our people's aspirations of

having a true democracy. Despite long term military dictatorships people's struggle

for a strong democratic government always remain in forefront of history.

Since the creation of Pakistan, we have many times democratically elected

governments but most of the time these popular governments have close linkages or

background support from the powerful state establishment who often had

intervened directly into the political arena of the country. The army in Pakistan has

seized power four times and has ruled directly and indirectly for more than half of the

total life of the country. Ostensibly, the withdrawal of junta rule was followed by

introducing representative democratic set-ups, where elected legislatures, cabinets,

political parties, an independent and relatively free press and other symbols essential

for democracy were visible players, but the objective reality of Pakistani politics

remained unchanged. The civil society plays little role in determining key policy

decisions, which are made elsewhere.

Local Government in Pakistan remains an area of prime concerns for the military

rulers. Each one of them had introduced one particular system that remained in

practice for a long period; even in the time of civilian government the system of local

government remains the same. For example, our early governments could not

formulate any system of local governance till 1958, when first dictator General Ayub

Khan had introduced a new system of local government; 'The Basic Democracy', that

had been in place for nearly two decades, till third military dictator Gen. Zia-ul-Haq

had changed it with a new one in 1979. In spite of the fact that during these two

decades, there was one powerful civilian government of Pakistan People Party, first

ever democratically elected popular government of Mr. Zulfiqar Ali Bhutto but

throughout its tenure the local government system was the same as of Basic

Democracy of the first martial law dictator. The system of local government

introduced by third military ruler Gen. Zia-ul-Haq had been in practice till 2000. Then

fourth military ruler Gen. Pervez Musharraf came to power who once again has

introduced a new system of local government, 'The Devolution Plan'. Very

interestingly that system is continuing till date in an amended form. Besides the fact

that all sitting federal and provincial elected governments have totally rejected

Local Government in Pakistan viLocal Government in Pakistanv

Friedrich Ebert Stiftung (FES)The Friedrich-Ebert-Stiftung (FES) is a German non-profit organization committed to

the values of Social Democracy. It was founded in 1925 as a political legacy of

Germany's first democratically elected president, Friedrich Ebert. To this day, FES

follows his mission to promote freedom, solidarity and social justice through the

political process in Germany and abroad

At present, FES maintains offices in over 100 countries worldwide, of which 15 are in

Asia.

FES Pakistan has been working in the country in cooperation with local organizations

since the 1980s. Its programmes aim at strengthening democratic institution from

national to local level; increasing the political participation of youth, enhancing

women's empowerment and gender equality; promoting free and professional

media; advocating social justice in the formal and informal economy; and enhancing

regional cooperation for peace and development.

Sangat Development Foundation SANGAT Development Foundation (SDF) Lahore was formed in 2013 by a group of

social and political activists to promote social democracy, peace, harmony, tolerance,

human rights, and for the empowerment of the most neglected and political

educators. Its main program focus aimed to promote an informed citizenry in

Pakistan and strengthening of democratic institutions. The SDF formally registered

with government department as a society in early 2014. Its founders have been

engaged with social sector for a long time. Their working in the fields of governance

related programs brought SDF one of the most active well-recognized and

acknowledged names in the area of local governance. The SANGAT Development

Foundation is a membership based society working in 10 districts of Punjab. SDF have

developed a large variety of I.E.C literature and training manuals, published by many

other civil society organizations. The SDF have set-up a Local Government Resource

Centre in order to facilitate the elected local government councilors and is publishing

a quarterly newsletter on devolution and local governance.

SANGAT Development Foundation envisions believes in struggling jointly to

establish a just society in Pakistan that is non-discriminatory, equitable and

democratic and that would ensure equal rights and opportunities for all citizens

irrespective of faith, gender, race and ethnicity in order to live without any

harassment and prejudices, having full freedom of expression, association, moving

and adapting any profession according to own will.

Sangat's core values include neutrality, inclusion, integration, transparency,

accountability, robust methodology and non-discriminatory practices.

Local Government in Pakistanvii

INTRODUCTION

Chapter 1

Local Government in Pakistan 3Local Government in Pakistan2

The local government system is not a new concept in Pakistan. Although the old

colonial masters introduced some other form of local level governance in the

eighteenth century, but the Great Mughals were the first who had introduced

'Zamindari (Zamindari from words “zamindar on the Indian subcontinent was an

aristocrat, typically hereditary, who held enormous tracts of land and held control

over the peasants, from whom the zamindars reserved the right to collect tax.)

system' in the Sub-Continent, which was a primitive form of the local governance.

They incorporated villages as an administrative unit. They also had nominated

Zamindar chiefs to collect revenue on behalf of their kingdom. They formed early

'Panchayats'(an elective village council) with nominated members from elders of

Zamindar families of one particular area.

These were designated with following functions:

?Maintain law and order in the area of their control

?Perform some judiciary functions

?Provide security to the property and life of the residents

?Work as law enforcing agency

?Facilitation in collecting revenue for the government

?Provision of some social services as drinking water, etc

Besides these socially engineered arrangements, there were some sort of other tribal

formats, like 'Jirgas' composed of the chiefs of residing tribes and ethnic entities. The

major functions of these Jirgas were settlement of disputes and defending their

common interests, but to some extent a few municipal and local administrative

functions were also included in their compulsory obligations.

The East India Company had introduced first form of formal local institutions in 1688

by setting up Municipal Committee in Madras now called Chennai. After 1765, the

company virtually gained both the rights of collecting revenues and running civil

administration in Bihar, Orissa and Bengal, and then they started institutionalizing

governmental set-ups.

There is not any standard definition of local government. In some countries this is an

important tier of governance at grass root, whereas in other countries local

government institutions are considered merely an administrator arrangements to

perform some of the government tasks at local level. However, local government

institutions are the administrative units in a larger governmental frame. Their

functions, roles, and responsibilities are not similar to state institutions but to redress

daily needs of common people, more particularly local government institutions

usually perform municipal functions. There are many terms to identify local

government institutions, such as, counties, communes, perish, municipal

committees, districts, towns, unions, local boards. In Pakistan we had local Boards,

local Bodies, local councils, local government institutions, etc. There are many types

but similar forms, the form of people's self-governance over a particular geographic

area.

In political science, local government is considered as semi-government institutions,

self-governed by the residents and functioning under federal, central or country

government through some directives, regulations and legal bindings. In other words,

local governments do not possess sovereign powers over that territory under their

control but these should be subjected to any larger government framework.

The real concept of local government can be well explained by the founder of local

government in India, Lord Ripen, “These councils will serve as the school of

democracy”. To a great extent, it has been proved true. The local councils are the

primary institutions to ensure participation of the residents of a particular locality,

under their own supervision, to regulate all aspects of their routine daily life. Through

participation in elections, and later by engagements in various functions or activities,

carrying out by local level government institutions with regard to people's everyday

needs, these institutions may serve as model training schools for the citizen to learn

the skills of self-rule. Besides solid information and knowledge about the functions

and responsibilities of local councils, we can assume that every local council is a form

of the government of a particular area, which provides people with necessary civic

CONCEPT OF LOCAL GOVERNMENT TRADITIONAL SETUPS AND EMERGENCE OF MODERN LOCAL GOVERNMENT

TRADITIONAL SETUPS AND EMERGENCE OF MODERN LOCAL GOVERNMENT

Local Government in Pakistan4

The company took complete control of Punjab after defeating Sikhs in 1849. They

tried to maintain old system of Punchayats with some modifications to it. The old

Zamindars were awarded property rights of land in their possession against their

various services to the company but at the same time small holders of land and the

cultivators were also provided new opportunities to interact with the rulers without

intermediaries. A new system called 'Ryotwari' was introduced and 'Lumberdars'

were inducted into on-going local governance practices. These Lumberdars were

nominated officers to collect revenues and responsible to cooperate with authorities

to run local administration. The main objectives of these types of institutions

remained to collect revenues and to maintain law and order at local level.

After the mutiny of 1858 it became difficult for the company to maintain law and

order, therefore it became inevitable to share power with local people. That was the

period when local governance started to take its shape. In the background of

distressed political situation of India, the traditional local level administrative

arrangements throughout the country had remained relatively under-developed and

continued in a primitive nature until 1881.

In the year 1873, the Punjab Municipal Act was passed. According to that act, for every

town a committee comprising of 5-7 members was proposed. The main functions

were to maintain city roads, streets and provide municipal services to the residents of

urban centers. Members were not elected but mainly nominated whereas they

usually elected their heads.

During 1882 Lord Rippon had proposed to set up local boards for district level

administration. In the next year Punjab District Boards Act was promulgated and

enforced in 21 out of 31 districts of Punjab. That act provided three tiers of local

governments in rural areas. First tier were district boards set up at district level

comprising of 6 members, mainly nominated, later on some were elected. Second tier

were the 'Zails', formed by joining adjacent villages into one Zail. Third tier remained

the 'Punchayats' at village level. Contemporary urban councils were municipal

committees in main city centers. These were the first generation of local government

institutions in the areas called Pakistan now. Next decade showed further

institutional development in this regard. Much new enactment was witnessed to

streamlining of various tiers of local institutions.

Local Government in Pakistan 5

During first decade of 20th century, these newly formed local governments could not

flourish. On the recommendations of Royal Commission on decentralization, in 1907

the 'Punchayat' Act was passed. Under that act, Punchayats were empowered to hear

certain sort of civil cases. During the next decade, additional legislation was

developed to set up local boards and towns in Punjab and Sindh. After the World War-

1, the nationalist movements in India had gained momentum and the British were

compelled to adapt more reformative measures in governance system. They had

given more powers to local government institutions and this subject was transferred

to the provinces. During 1911, Municipal Act was passed and that was the legal

framework of working municipalities in Pakistan till Basic Democracy introduced in

1959 by the first martial law ruler, Ayub Khan.

DEVELOPMENT STRATEGIES IN PAKISTAN

Chapter 2



During the last 67 years we had adapted various multi-pronged strategies in order to

boost our socio economic developments. All these strategies had worked in either

ways but these affected the natural pace of building local government institutions.

It was the first program financed from abroad and aimed at the following:

To enhance basic services to the rural communities, such as health, education

and water supply

To facilitate rural population in order to raise their income through provision of

vocational trainings and other related means of cottage industrialization, etc

To encourage self-help initiatives and promotion of self-governance at

community levels

To coordinate different government departments and tiers in the overall process

of development

To create such conditions that would encourage well-being of people and higher

development of men and women through social welfare and other recreational

activities

In order to achieve above mentioned objectives, various programs were launched at

all levels of governance. Although Village Agricultural Industrial Development

Program was not directly linked with local government institutions of that time, but

all of its activities were carried out through local government institutions at grass

root. Its national level administration was with the central ministry of health, there

was formed an advisory committee comprising secretary of the ministry of economic

affairs as the convener and representatives of other ministries of health, agriculture,

social welfare, education and public works were its member while the chief

administrator was ex-office secretary of that advisory committee. There was a

1. FOREIGN FUNDED PROGRAMS

Village Agricultural and Industrial Development Program:

(Village AID) 1952-54

hierarchal set up of V-AID but the operational area was called the development area

based on 15 villages in a district. In West Pakistan, 30 V-AID workers were placed

including 5-10 women workers. In order to improve people's participation in each

development area, the village councils were set up with 6-10 members elected by

local villagers. These were not statutory bodies but to act as steering committees. In

addition, youth clubs were formed everywhere in the development areas named

Chand Tara Clubs. The program had facilitated in promoting new techniques in

agricultural and health sectors, but it also involved people in running their local level

governance related process. At the same time that approach influenced in making a

thought of dependency on foreign aids while indigenous means of development

become too marginalized.

That programe was launched in July 1952 with similar development methodology

aimed at improving life in rural areas. Under the program a group of 50-60 selected

villages was proposed where a comprehensive and integrated series of efforts were

deployed in order to enhance infrastructures facilities, new techniques in farming,

introducing new seeds for cultivation, encouraging more inputs in agriculture, more

credit schemes, water and irrigation betterments, better storage facilities were

supplied by various sources. The main objective was to enhance an overall living of

local residents. Constructing roads building in rural areas, 'Farm to Market' slogans

were on the top of the agenda. Under the program formation of the farmer's

cooperative societies in each village and joining these at 'Markaz' (Central) level was

significant development in respect of self-governance.

In order to boost agricultural outputs, the concept of model farms was introduced.

That was a two- tier system consisted of 'Dehi-Karkun'(village worker) in place of

development officers under previous V-AID. The main objective was to motivate local

community and push them in order to involve them in modernization process so that

their living could be improved. That was a strategy primarily based on the

development through provincial or federal government grants.

Integrated Rural Development Program (IRDP): 1952-

1954

2. PEOPLES' WORKS PROGRAM (PWP) : 1972 -


1975

3. INTRODUCING THE IMPROVEMENT TRUSTS

AND DEVELOPMENT AUTHORITIES

That was another program originally introduced by previous government but re-

formulated by Zulfiqar Ali Bhutto's government in 1972. The program started

simultaneously with IRDP (Integrated Rural Development Program) but the major

difference was, that IRDP was such program totally sponsored by the government

whereas Peoples' Works Program was based on community participation in project

financing too. Under PWP mainly infrastructure development was focused in rural

areas, many small roads and ways were constructed in partnership of local

communities. The project was based on labor-intensive approach that had promoted

community volunteerism. The government was responsible to provide technical skill

and know-how with partial financing facility.

Both of the above strategies had contributed positively in mobilizing local

communities in implementation of their local level developmental projects, to some

extent a large number of local level activists were identified. Moreover, the

community developmental phenomena also contributed in laying down the

foundations for strong local level institutions. But on the other hand these processes

were influenced negatively on building strong institutions of local governments

rather than local government was ignored and parallel means were flourished. That

approach has been visible throughout our recent history.

During military governments more emphases was on induction of local government

models with people's participation in local governance. Their real motives were to

provide people a new sphere of political activity bypassing traditional political

parties. Through that strategy all of military ruler were able to identify successfully a

new generation of political leadership whom they had much influence. In order to

strengthen that new leadership the military government had put more thrust in local

government institutions. They kept on patronizing local government in first few years

but when achieved a reasonable support from other political circles, all of military

dictators had shifted their favoritism to other side. The political leadership came to

power after down fall of every military government so each time history had

witnessed similar happenings, each democratic government who took over power

after military dictator always tried to abolish local government institutions

constituted by the military dictator. At that juncture these civilian democratically

elected governments as first stance always terminated elected local government

represented and adapted such strategies by which local government could be

undermined. Thus the idea of setting up these improvements trusts and forming

specialized development authorities came to the forefront. These trust and

development authorities are being run by the government officials without involving

local residents at any level, so its functioning remain smooth and steady because of

the facts that the ways of planning, assessing real needs, implementation of projects

and other activities do not acknowledge the real aspirations of local residents,

therefore decision making has been always easy depending on some key officials and

the popular government usually like that type of obedience.

Existence of these development authorities and the improvement trust in the past has

undermined the importance of local government institutions. During previous

government when these development authorities were under control of district

'Nazimeen' (elected heads of district) but the district councils were not able to access

directly to these authorities whereas the main functions were under their control.

During Zia-ul-Haq government a nominated 'Majlis-e-Shoora' (An advisory council or

consultative council) was constituted, comprising political personalities , few

student leaders and some selected individuals from local government institutions.

Majority of them were relatively new entrants into the mainstream politics, whereas a

large numbers of political parties were in opposition. In that scenario, the Majlis-e-

Shoora members needed more support in their constituencies; therefore the military

government initiated system of grants. According to that a lump sum amount was

fixed to be utilized in a particular constituency for any developmental work but upon

the Shoora members advice. The grant was named 'Members Grant' and after Zia-ul-

Haq's downfall was termed as Parliamentarian Grants. Each and every

parliamentarian utilized these special grants in their constituencies bypassing

existing local councils. That practice now has converted as privileges of the

parliamentarians, ostensibly it seems a normal practice but its consequences are

4. DEVELOPMENT THROUGH LEGISLATORS

AND SPECIAL PACKAGES OF THE RULERS


KEY ISSUES IN GOVERNANCE

Chapter 3


Over Developed State Establishment

Stereotype Elected Governments

Pakistan is one of those countries, which inherited imbalances between civil society

and the state-establishment as the logical outcome of their colonial past. These were

the countries, where civil society is less developed as compared to an over-developed

state establishment. Particularly, in Pakistan, the growth of civil society has been

forwarding slowly and occasionally, its evolutionary process was many times

interrupted by the state-establishment. Moreover, our system of governance was

usually designed by the state-establishment. The only exception was the adoption of

our constitution, which is a considered achievement of our civil society, but overall

attitude of our state-establishment towards our constitution has remained

derogatory. One could observe without being prejudice that our state-establishment

has never showed content responses towards the constitutional practices. Apart from

these weaknesses of our civil society, the civil society organizations have been playing

a crucial role in empowering people in general. Now the situation is not the same as it

was in 1977; civil society is gaining power day by day.

Since the death of our first Prime Minister; Mr. Liaquat Ali Khan, most of our early

political governments had bowed to the authority of the state establishment. The civil

and the military authorities remained the key actors playing decisive role in overall

governance of the country. Mr. Zulfiqar Ali Bhutto was the first PM who had tried to

challenge the absolute authority of state-establishment and to some extent he had

curtailed them, but he was also dependent on some sections of bureaucracy to

suppress his political opposition. Mr. Nawaz Sharif also attempted to curtail the

powerful establishment, and also ignored the people's power and used another

faction within the establishment.

Half of our country history has witnessed military dictatorships, whereas the rest had

been governed by the elected civilian representatives. In either ways, the country was

run in such a manner that was not much different in real sense with those of military

styles. Each military dictator came to power by full support of entire army but after a

short period, all four military dictators had to face some sort of confrontation within

their own circles, and each one of them had shifted thrust upon a new group of civilian

allies. After fall of every military dictator, general elections were held and as a result

elected civilian rulers came to power but their governing style remained similar to the

predecessors. Their close supporters and aides had later on disowned them and tried

to disassociate from them after a short time. Because of that practice national,

provincial and local level governance was always affected badly. To some extent

national level system survived due to some external compulsions whereas, local

governments could not be sustained. Each military ruler claimed local government

system as real democratic institutions at grass root level but after consolidating his

power, each one had ignored it. Their main thrust shifted to national and provincial

assemblies. However, local government institutions had become a medium of

discovering new leaderships who emerged later on as national leaders. On the other

hand, every elected government never showed interest in bringing any new concept

in local government system. They always have shown reluctance in holding elections

to local councils. For example, existing governments have rejected district

government system immediately after taking power and have made minor

amendments in the law of 2001, but till now they did not bring new law in its place till

2012.

It is unfortunate that whenever our civilian political forces had the chance to govern

the country, our political leadership usually ignored the democratic principles and

the core values. Instead of empowering civil society they always strengthened state

institutions by ignoring the citizens. Most of our rulers have tried to remain in

government by getting absolute powers in their hands. As a result we Pakistanis do

not have a true concept of local self-government, decentralization and participatory

democracy always remains as sweet dreams. On the contrary, military rulers had

developed the prevailing local government system but each time they have their

ulterior motives behind. During the late 90's, the local government institutions had

been highly centralized, either run by the nominated administrators, or by elected

representatives but totally controlled by the state authorities. The provincial

governments usually have tried to place local councils in suspension or working with

improper functions, misusing and exploiting the resources of the local governments.

During the last tenure, government had tried to revert the old traditions by

introducing new form of local government. But its new idea had same strategy, that is:

initiating a reformative system of devolving powers by highly centralized mechanism.

Highly Centralized and Controlled Local

Government System

CONCEPT OF LOCAL GOVERNMENT


mentioned in chapter 2, “Principles of Policy”. It is stated in Article 32: “Promotion of

Local Government Institutions; the State shall encourage local government

institutions composed of elected representatives of the area concerned. And in such

institutions special representation will be given to peasants workers and women".

Similarly in chapter-3, “The Provincial Governments” Article 140-A was added firstly

through Legal Framework Order of 2002 and then by the 18th amendment to the

constitution, it states that “Each province shall, by law establish a local government

system and devolve political, administrative and financial responsibility and

authority to the elected representatives of the local governments”. After the 18th

amendment in 1973 constitution, each province is bound to establish by law a local

government system and according to sub-section-1 the Election Commission of

Pakistan has been empowered to conduct local government elections.

For all those areas, which fall under the jurisdiction of federal government, there are

separate local government laws for each of them but enacted by the federation. The

Islamabad Capital Territory (ICT) never had local government institutions except for

the union councils in rural areas. In 2002, National Reconstruction Bureau (NRB) had

proposed a law for the capital city but federal government did not agree on it, that was

an issue of conflict between NRB former chairman and the Chief Executive Officer

(CEO) of the government, but under pressure of the Supreme Court a new law was

enacted in 2013 but could not be enforced. For all cantonments of Pakistan we have

'Cantt Boards' constituted under Pakistan Cantonment Board Act, 1924. According to

that act a sitting army officer; usually the station commander is the president while

elected person is vice-president. For the last many years there is no elected

representation, but that again is the apex court that compelled ministry of defense for

modified enactment. In the Federally Administrated Tribal Areas (FATA), at the

moment there are not any elected local councils but there is a separate law. In Azad

Jammu and Kashmir (AJK), there is an older law and in Northern Areas (now granted

autonomy by instituting autonomous status and changing its name to Gilgit-Baltistan,

a local government law has been enforced which is a copy of local government system

of 1979.

After every martial law in the country, the dictators tried to get some legal and

constitutional coverage. Under same legal coverages, the local government system

was sustained for some time, but as soon as the legal bindings were over local

government system could not be sustained. The previous federal government under

Gen. Pervez Musharraf had protected local government system 2001 and put it under

protection with conditions of obtaining prior consent of the president of Pakistan

The slogan raised at that time was “devolution of power” whereas, they were

devolving powers through centralized supra constitutional apparatus; the National

Reconstruction Bureau (NRB).

'Decentralization' and 'Devolution' are the terms that need some clarification.

'Decentralization' is the break-up of power to the subordinate departments from top

to bottom and 'Devolution' is the form of a government based on sharing power with

lower tiers. Traditionally, local government is considered a major form of

decentralization of powers to lower tiers called counties, the districts or the towns. In

these setups overall authority vests with central or federal governments whereas

local level institutions are delegated with some powers. In some of the developed

countries local government is a specific form of government functional at grass root

level, which reflects devolution of powers in its true meanings. In those countries

functions of various tiers are defined separately. Since Pakistan is a federal republic,

devolution of power and authority is necessary to maintain equilibrium amongst the

federal governments and its federating units. Unfortunately, the federal government

in Pakistan during military rule has turned into a central government and it was

superseding in total authority. In the original version of the Constitution of 1973, the

subject of local government had never been mentioned neither in the federal lists nor

in the concurrent lists. This meant the provinces have exclusive right to legislate

about local government but every time federal government developed a particular

model and asked provincial government to legislate accordingly and they, federal

government tried to maintain a supervisory role in their hands. Thus, as a result local

government's institutions remain as local departments just to execute the orders of

provincial governments. In Pakistan people do not seem to notice the presence or

absence of local government institutions. This was mainly due to alienation of the

people in running of local institutions.

According to the Constitution of Pakistan, the subject of local government is

Decentralization in Authority & Devolution of

Powers

Legal and Constitutional Status of Local

Government


BUILDING LOCAL GOVERNMENT INSTITUTIONS

Chapter 4

before any amendments to be made by any provincial government. Local government

laws are placed under clause 27-30 of the 6th Schedule of 1973 constitution, but that

bar has been over by the end of December 2009.

Local government related issues are the most neglected and less important agenda of

our mainstream political parties. None of the parties has any clear-cut official

position on key issues in local governance. Besides the fact that some of the parties

have lot of stakes in local government elections, there is not mentioned too much in

their manifesto about related electoral issues. Our history shows that whenever a

political party got a chance to gain power, efforts to strengthen local government was

not their first priority; instead it delayed fresh elections of prevailing institutions. For

example during the government of Mr. Z. A. Bhutto, the first ever elected governments

in the country local government elections were never held during his 7 years tenure.

Similarly, in 80's and 90's government run by Pakistan Peoples Party (PPP)

maintained the previous record of not holding local government elections. Till date,

there are only two elections held during regimes of Pakistan Muslim League- Nawaz

(PML-N) the second largest political party. Contrary to that, the military governments

have maintained continuity in holding local government election at specified

intervals. More interestingly every time as a first reaction many political parties had

rejected the proposition of holding local government elections but later on each one

of them had issued tickets to candidates irrespective of the elections were held on

non-party basis. Whereas, some of the parties that passed local government laws also

advocated and recommended non-party elections.

Besides that casual attitude, there are more serious concerns that should be debated.

The prevailing political culture does not reflect democracy in true sense. The misuse

and abuse of power is very common. Awarding of party tickets for elections and

nominations as candidates is not a transparent method that needs more restrictions

on nepotism in that process. Finally political parties should debate and develop a

model of local governance in the framework of their party ideology and the

manifestoes should be consisted of something new about local government not

merely as slogans, but in depth an elaboration to governance fundamentals.

Party Politics and Political Culture


After the creation of Pakistan, some cities had municipal committees and cantonment

boards, whereas there were many district boards in the rural areas. The 'Punchayat'

system was also in vogue at the rural level in the Punjab and Sindh, which was

governed by the laws formulated during pre-partition days. In Balochistan, there

were two different systems; some of its area was under the British control pre-

partitation, while other parts of the province were under administrative control of

some independent states – Kalat , Kharan, Makran and Lasbela, whereas, the tribal

areas of Mari and Bugti tribes were under their own traditional set ups. There were

two separate systems of local governance. In British Balochistan, there were

Municipal Committee and Cantonment Board in Quetta and a few 'Bazaar areas'

similar to town and Tehsil Committees, and in independent states and tribal areas

'Sardari, and 'Jirgas' system were placed similar to the 'Punchayats' in Punjab and

Sindh.

A comprehensive rural and industrial development program called 'Village A.I.D

Program', was launched in 1952-53, which resulted in the improvement of local

bodies. However, the existing local government system came into being during the

period of Field Marshall Ayub Khan, who had promulgated the Basic Democracies

Ordinance, in 1959, and Municipal Administration Ordinance, 1960. Under these

laws, 80,000 Basic Democracy members were directly elected throughout the

country. Later on, these members also served as the Electoral College for the election

of the president

In 1960, military rulers had introduced Muslim Family Laws and in accordance to

these laws in the year of 1961, the chairmen of the local councils were also given

reconciliatory legal power. Furthermore, under the same law of basic democracy,

various institutions were established at three levels: Union Councils were formed

after putting together several villages, and, in cities, union committees were formed

on the basis of several electoral wards. Similarly, town committees in small towns,

'Tehsil' council at tehsil level, and the municipal committees and the corporation at

city level were formed. District council at district level covering entire rural area of the

district and divisional councils in every division were also formed. Besides, directly

elected 80,000 BD members and 40,000 each from East Pakistan and West Pakistan

(presently Pakistan), there were other members of these bodies who were either

nominated by the government or were government servants.

In 1970-71, the geographical map of Pakistan underwent a change. Firstly, One Unit

and the legislatures.

was abolished and five provinces were created or restored; then the country had a

general election, and later it had divided into two countries. Pakistan was left with

four provinces on the western part. The new government in 1972 did legislate for the

local bodies, and People's Local Government Act was approved. In 1975, Punjab Local

Government Act replaced the previous law, but during all these years no local

elections could take place under these laws.

Then new military regime took over in 1977, and Local Government Ordinance was

promulgated in 1979. Four elections took place under this law. In early 1996, Punjab

and Sindh Assemblies repealed these ordinances and new law, Punjab Local

Government Act, 1996 and Sindh Local Government Ordinance (amended 1996)

were enforced. Fresh election could not be held under these laws. The last

government, however, cancelled these laws, as soon as it had assumed power, and

revived the Local Government Ordinance, 1979, which was further amended in the

beginning of 1995. During 1996, some interesting developments in Punjab and Sindh

had shacked normal political life when new government came to power. Mr. Manzur

Watto as chief minister of Punjab had introduced a new bill in the assembly and a new

“Local government Act 1996”. Tthrough another ordinance Shehbaz Sharif's

government had introduced the 'Punchayat' system in Punjab as the local

government institution. Since Punchayats were not elected bodies, it was challenged

in the Lahore High Court. The court declared it ultra vires, and the old system was

revived.

In May 1998, Punjab government held elections for all the urban councils while the

union councils remained under administrators' control. In Balochistan, election to all

local councils was held in the same year with a substantial increase in women's

representation. In Sindh and Khyber Pakhtunkhwa (KP), election could not be held

due to some political reasons. The last government of Mr. Nawaz Sharif had

announced local council elections in the Northern Areas in November 1998. And new

local government councils had been elected in these areas. During 1998, PML-N

government abolished century long system of Octroi tax and instead General Sales

Tax (GST) was introduced which was collected at the federal level and a contribution

from that equal to the tax money of a local council was collected on 1st July 1999 paid

to that local councils. The new GST system increased financial dependences of the

local government upon grants from provincial and federal governments. On the other

hand tax base was enhanced in case of Octroi tax, only consumer was paying the tax

while after imposing of GST everyone had to pay that tax. During that period local

government functioning was badly affected mainly because of dictatorial and

centralized state of affairs done by provincial governments through other state

arrangements parallel to that of local governments. Interventions into some key

matters relating local governance by the parliamentarians were created some sort of

confrontations. However, government had encouraged women participation by

doubling the number of reserved seats in all tiers of local councils. During that period

LG elections were held in Balochistan only.

On October 12, 1999 the armed forces revolted and the prime minister was replaced

by the commander-in-chief. As a result General Pervez Musharraf took over the

power as chief executive of the government. After consolidating his control, he

announced a ban on all elected representatives including parliamentarians and local

council's heads and members. On 23rd March, 2000 he introduced his famous

'Devolution Plan' based on a new system of local governance. That was really a new

addition in governmental development which aimed to abolish the centuries old

system of magistracy and the rule of bureaucracy. Practically more opportunities for

citizens involvement was proposed, such as participation, monitoring and

contribution. This system was welcomed by civil society while many political parties

rejected it. But it was thoroughly discussed everywhere, nearly in all big cities and

towns public level debates were very significant during 2000-2001.

On 7th October 1958, president Mr. Iskander Mirza abrogated the 1956 constitution

and Martial Law was imposed. He appointed commander-in-chief ; General Ayub

Khan as the Chief Martial Law Administrator, who ressumed president office on 27th

October 1958. In a media broadcast to the nation he said, “Let me announce in

unequivocal terms that our ultimate aim is to restore democracy but of the type that

people can understand and work”. That was exactly the concept of Basic Democracy,

which was introduced on 2nd September 1959. Soon after promulgation of the Basic

Democracy Order in October 1958, the process of delimitation on electoral

constituencies was started. First elections of BDs were held in various phases from

26th December 1959 to 9th January 1960. The system of Basic Democracy provided a

multiple tier local government structure. 8,464 rural councils and 1,100 urban

councils were formed. A seperate law for urban councils, Municipal Administration

Ordinance 1960 was promulgated which repealed the century old laws regarding

Basic Democracy by Ayub Khan (1958-1971)

municipal corporations and municipalities in various towns. First action by these BD

councilors was passing vote of confidence to the president. These local government


There were town committees in small towns having more than 10,000 population.

The chairman of the committee was elected by the members and members were

elected by the voters of that town comprising 10-15 members of each town

committee was assigned municipal administration in towns similar to the Municipal

Committees.

Tehsil Councils and Thana Councils were constituted at Tehsil level. These were

indirectly constituted bodies. All chairmen of union councils and the town

committees were ex-officio members of Tehsil councils. In addition all heads of

government departments operating in that particular Tehsil were also members of

Tehsil councils while Tehsil officer, titled as Tehsildar was its chairman. Tehsil council

was basically a coordinating council and had no executive authorities in any aspect.

The main function was to discuss the issues of mutual interests and to finalize a

common plan of action. Tehsil was not empowered to levy any tax, instead district

council was responsible to provide necessary funds for its functioning.

In urban areas, every municipality was consisted of chairmen of union committees

and some of government functionaries from line departments while chief officer in

MC was the chairman. Most of these chief officers were ex-secretaries working in

municipalities since the creation of Pakistan. Municipalities were mainly responsible

to administer all municipal services to residents. These were building controlling

authority in cities, were empowered to levy certain taxes and authorize to impose

penalties and fines on violation of certain acts. Total functions were consisted of 73

heads. That were stated under nine sub-heads including: town planning, education,

water supply, medical relief, disposal of refuse, public safety, social welfare,

prevention of nuisance, coordinating activities of union committee and firefighting.

District Councils were set up in each district and was comprising of all heads of

government departments in that district and a few elected members from chairmen

of UCs and TCs, municipalities. Their election was held through balloting in an

electoral college consisted of all chairmen of UCs and TCs in that district. Its functions

Tehsil and Thana Councils

were divided into two categories (a) obligatory (b) optional.

A total of 28 obligatory functions were included: development works in rural areas,

building public ways, roads, bridges, public health centers, reading rooms and

libraries, sanitation and water supply in rural areas. Other optional functions

included forming cooperative societies, cultural activities, distribution of agri inputs.

District councils were empowered of taxation on various heads, levy tolls, fees and

surcharges on property transactions.

There were Divisional Councils in each division. That were comprised of three

categories of members (a) officials of line departments, nominated by provincial

governments (b) elected representatives from district councils, municipalities and

from cantonment boards situated in that division and all elected chairman of all DCs,

municipalities were ex-officio members. Its chairman was the commissioner of that

division. The main function was to coordinate between all local councils and the

government departments and to develop an agenda of mutual interest. In addition to

that, divisional council was responsible to address any conflicts and disputes among

its member agencies.

Elections were held twice after every four year, once in 1960 and then during 1964.

Constituencies were delimited on the basis of wards in towns and in the cities,

whereas in the villages there were unions comprising of two or more villages but not

exceeding a total population of 30,000. Law prohibited double membership of any

councilor. To conduct elections the government constituted an Election Authority.

Voter's qualifications were the same as present but the age limit was 21 years.

The system of basic democracy was legally a local government system but that was

contrary to the core essence of local self-government because the BD system was a

guided system where supreme authority was the president himself. Government

control was absolute in true meanings. From performing functions to taxation

Elections

Government control and beyond


procedures, everything was guided and advised by the state functionaries. Since that

system was introduced in the arena when institutionalization of governance was on

the top of the agenda, therefore, BD system worked for 4-5 years but presidential

elections in 1965 and after Pak-Indo war disturbed its smooth functioning and after

Tashkent Agreement down fall of General Ayub Khan had badly affected BD system.

Soon after taking oath as first ever civilian in 1972, Martial Law Administrator Mr.

Zulfiqar Ali Bhutto abolished Basic Democracy System and promulgated an

ordinance 'Punjab People's Local Government Ordinance' ordinance VIII of 1972.

That was declared interim arrangements. It was also stated that a special committee

would draft a new bill for people's friendly local government system. Practically

nothing was new in the said ordinance except powers of state functionaries to appoint

administrators to decade old local bodies. More interestingly these administrators

were mainly the party workers. After enforcement of the constitution on 14th August

1973, Mr. Z. A. Bhutto formed another committee to develop a model local

government system. That team had worked a lot and drafted new law, and Punjab

governor promulgated “Local Government Ordinance 1975” but that ordinance was

not introduced in the assembly and after 90 days that ordinance was expired. That

happened only in Punjab whereas other provinces were exercising old law of 1972.

Finally, in 1975, new law was passed.

The structure of this system was very simple having two types, (a) Rural councils

consisting of a Dehi Council for each village, Halqa Council for a group of many

villages, Zila Council for each Zila (district), and (b) Urban councils consisting of,

Mohallah committee for each mohallah (an area of a town or village), Municipal

committee for each city exceeding a population of 20,000 to 800,000 and municipal

corporation for each city with a population of more than 800,000. The basic

framework and functions were the same as of the Basic Democracy but two additional

Peoples' Local Government by Z. A. Bhutto (1972-

1975)

Salient features and Structure of People's Local

Government System 1975

tiers were introduced. Elections were proposed on non-party basis.

There were Dehi councils in rural areas and Mohallah committees for urban areas.

The number of members was according to the strength of population. The number of

members could be 7, 9 and 11 according to the population. In case of Dehi council the

members elect their chairman and the chairman becomes a member of Halqa council.

In case of Mohallah, a member was returned to municipal committee who would

become chairman of Mohallah committee. Peasant's and tenant's representatives

were equal to one-third of the total number of members elected on general seats and

at least one member represented each category.

All chairmen of Dehi councils were members of Halqa council. It means Halqa council

was formed indirectly. The Halqa councils mainly were the local councils for rural

areas. In order to build up local government set up at this level it was necessary that

Halqa councils should be elected directly. In fact, in 1975 Act the tier of union councils

was divided into Halqa and Dehi (village) councils. Peasants representatives were

equal to 20% of the total number of members other than members representing

minorities and other special interests and only one member was taken from each

category.

Zila Councils were formed on the basis of Halqa councils. All the chairmen of all Halqa

existed in one Zila were ex-officio members of Zila councils. The members of Zila

council were equal to number of Halqa councils in that Zila. Halqa council performed

dual role, a constituency for the Zila and an area of local government. Peasants,

minorities and tenants were given representation equal to 5 % of the total number of

members other than members representing minorities and other special interest

groups and only one member was taken from each category. Women and workers

(a) Dehi Councils and Mohallah Committee

(b) Halqa Council

( c) Zila Council


each were equal to 5% of the number of members elected to general seats.

The number of members of municipal committees was equal to number of mohallahs

in a municipality. In that case members were fixed on the basis of population and

stipulating that a member supposed to be returned to the municipal committee from

that mohallah. Workers representative were equal to 5% of the total number of

members elected to general seats. Women councilors were equal to 5% of the total

number of members elected to general seats with a minimum of 1 and maximum of 5

councilors.

Municipal corporation was consisted of such number of members as may be fixed by

the government on the basis of population that was 5 members for a population of

100,000. Since municipal corporations were formed in those cities where population

was over and above 800,000 then membership was ranging from 40-100 members or

more for Karachi and Lahore. Workers were given representation in these councils

and their representation was equal to 5% of the total number of members other than

members representing minorities and other special interests with a minimum of 1

and maximum of 5 councilors. The municipal corporation at that time had adequate

source of income whereas other local councils were dependent mainly on

government grants.

In all these local councils special representation was given to women, workers and

peasants. 5 % women representation was only for Zila and Urban councils through

reserved seats whereas workers representation was only in urban councils. Similarly

peasants representation was fixed in rural councils. Moreover, in rural councils

peasants were represented not on reserved but on general seats, meaning candidates

compulsorily belonged to peasants on those seats. Besides all these no appropriate

(d) Municipal Committee

e) Municipal Corporation

Special Representation of Marginalized

Communities

representation was given to minority population. Reserved seats were available for

them in urban councils but their number was not fixed but that was upon government


The members of Zila council elected from the Halqa were to be a member and ex

officio chairman of the Halqa council. Similarly in municipal committee the member

elected from Mohallah committee is to be a member and ex officio chairman of the

Mohallah committee. Elections could not be held under that law; however elections

were supposed to be held on the basis of adult franchise and through secret ballot.

The electoral unit was either multi-member or single member. Every voter within an

electoral unit had one vote irrespective of the number of candidates to be elected from

the electoral unit.

Government had constituted a Local Council Election Authority for conducting

elections to the local councils. Electoral rolls prepared for the elections of members of

Provincial Assembly as amended from time to time and as, adapted or adopted for

local councils were the electoral rolls for the elections to the local councils.

Any person not less than 21 years of age on the last day fixed for filing the nomination

papers was qualified to be elected as a member of local council, but condition was to

be registered as voter in the electoral rolls of the local areas of that local council. A

person was disqualified to be a candidate or a member of a local council: If he/she has

ceased to be a citizen of Pakistan. If he/she has an undercharged insolvent; If he/she

is of unsound mind and has been so declared by a competent court; If he/she has been

on conviction for an offence involving moral turpitude sentenced to imprisonment for

a term of not less than six months, unless three years have been elapsed from the date

of expiration of the period of the sentence; if he/she was in the service of Pakistan or

of a Public Statutory Corporation, a local council or other local authority; If he/she

falls under contract for work to be done or goods to be supplied to the local council

concerned or has otherwise any pecuniary interest in its affairs; In case of

membership of the city corporation he/she should be a member of any of the

municipal committees.

Market committee was of 2 years term. Municipal committees and Halqa councils

were responsible for the establishment of farm markets within their area, and in each

c) Qualification of candidates and members

Market Committees

farm market there was a market committee comprising a member elected by

municipal committee, a member elected by Halqa council, a member elected by

licensed women, etc.

A Dehi council and Mohallah committees were declared as Punchayats. Punchayats

were responsible to settle disputes amicably. No legal practicing person could appear

before Punchayats. Appeal against Punchayats' orders was sent to Halqa council. In-

fact these were not a separate tier but these two tiers were equipped with certain

powers to hear, proceed, record statements and award on such cases that were not

cognizable.

Government was authorized to supervise and to control the local councils.

Government was empowered to inspect every local council at least once in a year. It

was also empowered to issue directives to the councils and to suspend any local

council.

There was a district coordination committee for inter-council matters comprising of

all chairmen of municipal committees and all heads of executive departments. The

chairman of the Zila council was the chairman of that committee. MPAs and MNAs of

that district could take part in the meetings, but they were not the permanent

members. The primary functions of district coordination committee were: to

coordinate all activities of the local councils and operating government departments,

settlement of disputes between the local councils, coordination of development

Punchayats

Government control and authority

Coordination


plans, review of questions and answers and deciding issues relating to imposing

surcharges.

The third military dictator General Zia-ul-Haq had promulgated Local Government

Ordinance 1979 on 31st July 1979. Same was promulgated in Sindh and NWFP (now

known as KP) in same year but for some reasons that ordinance was enforced in

Balochistan during 1980. That was a refined model of previous BD system. The main

frame was the same with some modifications: in rural areas Markaz councils were

formed comprising a cluster of union councils. All chairmen of these union councils

were ex-officio members besides Zila council members from that markaz area and

representatives from the government departments. The functions were as per the

divisional councils under BD system but according to 1979 model those functions

were assigned to only rural councils. In the beginning, Tehsil councils were also set up

in each Tehsil but in 1980 that was amended and practically Tehsil councils were

never formed during the whole tenure.

Local Government Ordinance 1979 comprised of:

(a) Urban Councils – including town committees, municipal committees, and

municipal corporations;

(b) Rural Councils – including Zila councils and union councils.

Urban areas which had population of 10,000 to 30,000 constituted a Town

committee. The Town committees were comprised of minimum 5 and maximum 17

Muslim members, in addition workers representatives were equal to 5 %, minimum

on 1 and maximum 3, and the women councilors were equal to 10 % not less than two.

There were no specified functions exclusively for Town committees but government

had delegated a number of functions mentioned hereunder the heading of 'Functions

LOCAL GOVERNMENT by GENERAL ZIA-UL-HAQ

(1979-1988)

Town Committees

of Urban Councils'.

Municipal Committees were constituted in cities where population exceeded 30,000.

It comprised of minimum 19 maximum 59 Muslim members including 5 % worker's

representation and 10 % women councilors (not less than two).

City centers where population exceeded 30,000 but not over 500,000 were declared

as Municipal Corporations, comprising minimum 75 and maximum 150 Muslim

councilors, including 5 % worker's representation, and 10 % women councilors. Non-

Muslim members had their representation in those Local Councils were there

population existed there numbers was arranging from one to three. (???)

The functions of urban council were broadly categorized as compulsory and optional.

There were more than 115 compulsory functions under 12 heads described through

35 sections of the ordinance. In addition to these compulsory functions, urban

councils were empowered to take another set of nearly 85 optional functions

described under 10 heads and stated by 32 sections of the said ordinance. Moreover,

the government delegated 29 additional functions to the local councils including

approval of the Annual Development Program of communication, works, agriculture

and forest departments. Most of these functions fall under municipal obligations but

there were many responsibilities of building infrastructures in rural areas, town

planning and many types of developmental works.

Removal, collection and disposal of refuse; maintaining of public latrines and urinals;

registration of births and deaths; protection against infectious diseases; water

Municipal Committees

Municipal Corporations

Functions of Urban Councils

The compulsory functions included the following:


supply; drainage and sewerage; private markets; slaughter houses; lightening of

streets; educational institutions; compulsory education; firefighting; civil defense;

flood relief; making master plans and town planning; sight development schemes;

building control; traffic control; social welfare and community development.

Optional functions included: Promotion of public health; medical aid; health and

maternity centers; environmental population; bath and washing placing; 'dhobby

ghats' (laundromat); public ferries; public fisheries; milk supply; public markets;

animal husbandry; registration of sale of cattle, cattle show and zoo etc; gardens;

playgrounds; cultural activities; social welfare; encroachments and development

plans.

Zila council consisted of area which excluded urban areas and comprised of Muslim

members equal to prevailing electoral unit in district. Such electoral unit was

determined on the basis of a population of 22,500. Moreover peasant representation

was equal to 5 % of total membership subject to minimum one and maximum of three.

In addition there were one-worker representative and women councilors equal to 10

% of total strength but not less than two. Zila council provided two types of functions,

one compulsory functions and second optional functions. Compulsory functions

included public works, public health, education, agricultural development and

economic development, articles of food and drinks, drainage, public ferries, livestock

and dairy development, culture, public safety, rural development and environmental

population.

Union councils were constituted as per previous 'Basic Democracy Order 1959', and

comprised of Muslim members. There numbers were arranging from 5 to 20 in

addition to one peasant representative and two women. Total functions of union

councils were 47 including maintenance and improvement of public ways, roads,

street, culverts, bridges, buildings, gardens and public playgrounds, lighting of public

ways etc, plantation of trees, management of Shamlats (accommodation land), burial

grounds, encroachment, sanitation, solid waste management, regulation, slaughter

houses, maintenance of wells, water pumps, registration of birth and deaths,

Zila Councils

Union Councils

reporting to police for a crime, etc.

Elections of the Local Councils


New government repealed Local Government Ordinance 1979 and had enacted a new

law that was slightly different. The Punjab assembly passed Local Government Act in

1996, during a short tenure of Chief Minister Sardar Arif Nakai. According to that law,

the elections were held once only for urban councils in Punjab and completely held in

Balochistan during the year of 1999. Appointed administrators comprising a mixture

of technocrats and the political appointees ran all local governments in the country.

According to the Act, 9 tiers of local government institutions were proposed which are

as follows:

The village Punchayat was consisted of one village or a group of villages, comprising

of 2-21 members belonging to Muslim, non-Muslim, women, and peasant categories.

The Lumberdars were made ex-officio members and the Punchayats were

empowered to co-opt any member from the union council. The tier of Punchayat was

subordinate to the respective union council. The chairman and the vice chairman

were ex-officio member to the union councils. The Punchayats were constituted of the

elected members on adult franchise from the Punchayat area declaring it

multimember electoral unit. The main functions were of 15 categories including:

promoting literacy, civic education, identification of local needs, assistance in family

planning, management of shamlats, community places, lands etc, facilitation to other

government departments, assigned function from the government, zila and union

councils, land acquisition for government projects, reporting to government for any

damages etc, canal water management, promotion of social harmony, youth welfare

and sports and cultural activities etc.

In the history of local governments, these Punchayats have been assigned the most

appropriate and the most desired functions. Their composition was also very

representative but practically these institutions could be more operative.

Salient features and the structure of Local Councils

in the Act of 1996 (Only in Punjab)

The Village Punchayats

The Union Council

Zila Council

The union councils were not consisted of directly elected members but all of the

chairmen and the vice-chairmen of Punchayats were made ex-officio members of the

union councils. In addition to these members two women and one peasant were also

members of the union council. The Union councils were constituted on the basis of

equal population comprising one village or a group of villages. The electoral unit for

the election of women and peasant councilor was based on the entire members of the

Punchayats in a union area. The functions of the union council were: registration of

births and deaths, on behalf of Zila councils skill trainings and development initiatives

for cottage industry, cooperation and coordination of other governmental and local

councils. Union council was empowered to take those matters which could not be

settled at Punchayats level, working as project committee for development projects,

promotion of forests and village planning etc, provision and maintenance of water

ponds, tanks, schemes, drainage etc, solid waste management, lightening of public

streets etc, facilitation in sale and purchase of agro inputs and products, supervision

and looking after of public works for better results. In addition to these, Zila councils

were authorized to delegate or to assign any special function to the union councils.

The union councils were formed in rural areas.

A Zila council consisted of elected members from a union area specified for election

of zila member. The Zila council had its secretariat under the vice chairman. Total

number of seats was based upon the number of UCs within the area of zila council. In

zila council 33% seats were reserved for women and 5% for peasants and workers.

The functions were included: public roads, culverts, streets, bridges, public buildings,

wells, water pumps, tanks, ponds, other works of water supply, maintaining dak-

bungalows, rest houses, tree plantation, public gardens, public places, prohibiting

dangerous works in residential areas, prevention and cure of infectious disease,

project planning and site selection, regularization of construction of building,

promotion of sanitation, public health, primary and high schooling, hostels for

students, adult education, agricultural development, articles of food and drinks,


public ferries, livestock and dairy development, public safety, cultural functions,

protection against pollution, rural development schemes, social welfare and town

planning.

Mohallah council was a small type of office, constituted at each Mohallah level and

comprised of elected members including one woman on reserved seat. In fact that

was similar to that of a Punchayat in rural area. The government was authorized to

determine the number of seats in Mohallah council. A senior citizen was

recommended as the convenor of the Mohallah council. The functions were not

separately described under law but municipal committees, corporations and

metropolitan were empowered to delegate one or many of their functions.

The ward council (formally known as the Ward Correlation Council) was the meeting

place of local leaders. The government was empowered to determine ward council

seats. But that was mandatory to reserve one women seat and one for worker

representative in each ward. However, voters on the basis of adult franchise through

multimember constituency were supposed to elect all the members. The functions

were not specified in the law but other urban councils were empowered by law to

delegate some of their functions.

These committees were constituted at town level, in each town having a population of

15,000 but not exceeding 30,000. It was composed of members calculated on the

basis of population. It was ranging from 7-17 members including 10% reserved seats

for women and 5% reserved seats for workers. In the case of a multiple members, the

elected members of the town committee were elected from members of the ward

council as the electoral unit. The convenors of the ward councils were also members

of town committees but their number and the persons were nominated by the

Mohallah Council

Ward Council

Town Committee

government through rotation from amongst them. The functions were not specified

but stated separately under a clause of 'Functions of Urban Councils'.


Devolution Plan by General Pervez Musharraf in

2001

On 12 October 1999, Pakistan army took over and soon after it consolidated its rule,

the army commander banned the newly elected local councils all over the country.

The military ruler; Gen. Pervez Musharraf was titled as the chief executive of the

government and announced a strategy based on '6-points agenda of reconstruction'

including reconstituting the local government that was named as the 'Devolution of

Power & Responsibility' to the grass root level. At one point, Gen. Pervez Musharraf

mentioned that “This is because this reconstruction process utilizes a bottom-up

approach”.

This strategy included the following:

· The devolution of power is necessary for the genuine empowerment of

citizens

· The decentralization of administrative authority is the essence of local

governance

· The de-concentration of functions is required for community

participation

· The diffusion of power for checks and balances to preclude autocracy

· The distribution of resources from center to the provincial and local

governments

Under that plan some other steps were also taken which are as follows:

· Voter age for local government elections was lowered from 21 to 18 years,

with an aim to mainstream youth into political arena.

· District government and tehsil / town municipal administration were

created

· Women representation was increased up to 33% in all tiers of local

government. Similarly, the representation of workers, peasants was also increased up

to 33% in all unions and other councils, through reserved seats that included 50%

women representation on workers and peasants seats.

· In all union and upper councils special representation was granted to

minority population irrespective of their presence one seat was reserved on UC level

with the possibility of increased representation if their population constitute more

than 10 percent of any local area.

· The setting up of a full-fledged district government under district nazim as

head of the government. District was made as the basic governance unit and was

responsible for the overall development and maintenance in a district. 13 important

government departments were devolved from provincial level to district level.

· Citizens Community Boards were proposed to set up to enable environment

for people's involvement in developmental activities. Under that system, at least 25

residents of a locality could set up a citizen community board. If they want to develop

a project based on any one function of the local council, and were able to raise 20% of

the total budget of a particular project by themselves then rest of 80% finances were

paid by the concerning local council's reserved budget.

· Monitoring by the citizens was another positive aspect of local government

ordinance 2001. In each local council, monitoring committees were formed

consisting of councilors; their functions were to monitor the work done and carried

out by the upper councils in their localities. That was a good idea aimed at

maintaining quality assurance but that system of monitoring didn't work out well.

· The union councils were formed both in rural and urban areas. Similarly, the

scope of zila councils were extended not only in terms of their jurisdiction but also in

their responsibilities. Previously, district councils were formed only for the rural

areas of a revenue district excluding urban areas but under LGO 2001, district

government was empowered as full-fledged tier of government in a revenue district

· District nazim replaced the role of deputy commissioner as executive head

of the district with powers of district magistrate and the district collector. The deputy

commissioners existed were made subordinate to the elected district nazims.


Coordination between government departments and performing as district

government's account officer was the only role of District Coordination Officers

(DCOs). Initially it was stated that all DCOs were public servants of grade 20 but that

condition was relaxed to some extent.

· Municipal services too were extended to all rural areas, by defining Tehsil

Municipal Administration and Town Municipal Administration in the capital and

other big cities. They were responsible to provide similar municipal facilities in all

revenue area of their jurisdiction. Previously Zila councils were responsible only as

part of the municipal functions.

Law and order was remained a provincial subject. The provinces were responsible for

raising, organizing, equipping, training and maintaining the police for the district in

all respects. The provinces were responsible to provide a police force to the district.

The district nazim was authorized to select the District Police Officer of his/her choice

from a panel of three, presented by the provincial government. The district police

officer was subordinate directly to the district nazim, not through the District

Coordination Officer. Apart from the district head of police, no other police officials

were subordinated to any elected representative. The district nazim was empowered

to send provincial government a summary for removal of the district police officer.

The district police was responsible exclusively for maintenance of law and order. The

investigation and prosecution functions were not form part of the functions of the

district police. The investigation function was performed by a separate chain of

command answerable directly to the provincial chief of investigation. A new Police

Order 2002 was also enforced but some its parts were put under abeyance. However,

the concept of community police was introduced, that could not work perfectly. At the

provincial level Public Safety Commissions were formed comprising three members

elected by the district council and three members selected by the district session

judge and three members nominated by the respective provincial assembly. These

Safety Commissions had been functioning from 2002 to 2005 but in second tenure

they could not be formed.

District Police

ELECTORAL SYSTEM

RUN-OFF ELECTIONS

Election commission of Pakistan was empowered to hold elections at all tiers. The

ECP was responsible to compile electoral rolls to be used for provincial elections.

Elections were held on the basis of joint electorate. The minimum voting age was

lowered from 21 to 18 years. The elections were held twice but on non-party basis.

A person was considered qualified to be elected to any elective office within a district

if he/she is:

· A citizen of Pakistan

· At least 25 years of age

· Enrolled as a voter in electoral roll of the relevant union

· Possesses a good moral character, not commonly known as one who

violates Islamic injunctions and who must have adequate knowledge of

Islamic teachings

· In case of non-Muslim good reputation would be essential

· For nazim and naib nazim, the educational qualification was

matriculation at least

· Do not possess assets which are inconsistent with his/her declared assets

or justifiable

· Not a willful defaulter of any tax or other financial dues owed to federal,

provincial, local government or any institution including utility bills

outstanding for six months or more

· Not convicted by a competent court on charges of corruption, or not been

sentenced by court for more than three months


When no candidate for elective office receives more than 50% of the votes by the

Electoral College, the election commission was bound to conduct a run-off election

between the two candidates within one week and whoever receives the highest

number of votes, that candidate returned elected and considered having a clear

majority of more than 50% of the votes cast. The run-off election was only for

elections of nazims and naib nazims in a joint panel that was applicable to all, that is:

district, tehsil and the union nazims.

For elections of union councilors, the electoral constituency was consisted of one

village or a group of villages having population of 1500 – 2000. That constituency was

considered as multi-member electoral unit. That idea was not new. In past that clause

was included in each and every local government law but practically each time

elections were held on the basis of single member wards system, where one to one

contest usually resulted in personal enmities.

For the first time in our history, the local government was considered as a full-fledged

tier of governance at local level because of two main reasons. Firstly, at that time the

provincial assemblies were not functional to oppose the idea of setting up district

leadership much independent of them, and secondly General Pervez Musharraf was

also trying to identify new group of supporters not belonging to traditional political

dynasties. The military government easily devolved 13 departments from provincial

level to district level. They had introduced a completely different four-tier structure of

local government institutions that was supposed to be spearheaded by the elected

heads and their respective councils. The military also enhanced the volume of

representation in these local councils by increasing number of seats in all tiers

reserved for the marginalized sections of society, the women, workers and peasants.

For the religious minorities irrespective of their population, they were given equal

right of representation in a particular locality. The most important step was

abolishing century old system of district magistracy under the strict control of district

management group; a cadre from superior services. That was the end of undue

control of the bureaucracy over the local governments. Thus, local self-government

came to existence in its true sense.

MULTI-MEMBER CONSTITUENCY

LOCAL GOVERNMENT STRUCTURES

UNION COUNCIL

The union councils were formed in rural and urban areas. These councils were


6. Literacy

7. Commerce and industries

8. Law

9. Environment

10. Community development

11. Information technology

12. Revenue

Tehsil councils were comprised of all naib nazimeen of the union councils in a Tehsil.

In addition to that 33% women, 25% workers /peasants and 5% minority

representatives were then with elected nazim as head of Tehsil administration and

naib nazim as speaker of the Tehsil council.

The main functions of Tehsil council were policy making for all municipal services

and approving budgetary sanctions to Tehsil municipal administration. In fact, the

functioning of Tehsil councils was similar to that of District Government except for the

specific task of policy formulation and to monitor the functioning of Tehsil Municipal

Administration. Tehsil Municipal Administration (TMA) was an implementing body

responsible to provide all municipal services to its citizens. The Tehsil nazim who was

elected by all union councilors of a Tehsil was considered as the executive head of

TMA. The Tehsils were named Towns in city districts but their composition and

functioning was the same.

All of the capital cities and other big cities where population exceeded three millions

were declared as city districts and the district government was named as city district

Tehsil Council

City Districts


The district council was comprised of all 'Nazimeen' of the union councils of that

district in addition to that 33% women councilors and 25% workers/peasants were

elected indirectly by the union councilors of each Tehsil/Town. The union councilors

from minority group comprised 5% of the total membership. In addition to

deputizing for the district nazim, in his/her absence the naib nazim was the speaker

of the district council. The district council was responsible for many functions but the

executive authority was vested with the district nazim. The district council had some

legislative functions that were limited to creating new taxes, bylaws and rules of

business and the approval of the district budget. It was also responsible to approve

district development and annual plans presented by the district administration

under the direction of the district nazim. Furthermore, district council was

empowered to monitor district administration through specialized monitoring

committee systems that had channels of communication on each issue with

monitoring committees at the Tehsil / Town and union levels.

The district nazim was the head of the district government and the District

Coordination Officer (Grade 20) was responsible to coordinate with all devolved

government departments A District Officer was designated as the head of each

district department called Executive District Officers (EDO). The administration

consisted of 13 departments headed by Executive District Officers and Deputy

District Officers (DDO) in-charge of specific functions within them. Assistant District

Officers were (ADO) also located in tehsils and towns, wherever applicable.

The departments of the administration were:

1. Coordination, finance, planning, and budget

2. Agriculture

3. Public works

4. Health

5. Education

District Administration

governments. These City Districts were composed of number of towns based on

population. The newly formed towns within the City District were fully empowered to

provide municipal functions to the residents of the area. The City Districts were

comprised of the same structures and the functions as of the District Governments.

Local government system of 2001 was the only model that has been discussed

publicly everywhere across the country. General Pervez Musharraf had presented

first draft of new model on 23rd March 2000 and invited people to make their

comments and suggestions. That was followed by a series of consultations arranged

by National Reconstruction Bureau (NRB), civil society organizations, national and

international public interest groups. All major political parties as their first stance

had rejected that model. Later on these parities took part in the elections by granting

un-announced tickets to their candidates. On the other hand, civil society groups had

discussed, reviewed thoroughly and made many valuable suggestions; some of which

were acknowledged as well. That process continued; the concerned citizen's groups

and other associated stakeholder kept on reviewing all major developments

regarding local government.

According to their findings following observations were formulated:

According to proposed framework in year 2000, union council was supposed to be the

basic unit in the overall governance system. Contrary to that, in the 2001 Ordinance

the Village councils in rural areas and neighborhood councils in urban area were

stated as the basic units. But legally the district governments were the basic units in

actual sense. This created a little confusion that a union council was composed of the

elected members, duly elected on adult franchise basis while the Village councils

were also proposed to be consisted of the elected members; these members would

have been elected by the respective villagers in a general body meeting through show

of hands. That was not a clear concept of basic unit. As a matter of principal, the basic

Some Observations About Devolution Model

Issue of primary unit

unit of the local government system should be compact enough and as smaller as it

could be. Being district as basic unit of the local level governance was ignored and that

resulted in non-functional UCs and VCs, etc.

The elections of the District Town/Tehsil Nazimeen were held indirectly by all elected

councilors of their particular area. That practice resulted in corruption inlcuding

openly buying and selling of votes. Secondly, being a pair of contesting candidates, the

grouping on basis other than political alliances had promoted fractionalizing,

ethnicity and communal practices. Indirect way of elections minimized scope of

political affiliations and the mutual understanding on social, political or solid

programs. On the contrary, interest based grouping got promoted. Because of such

experiences many democratic circles demanded to change the modus operandi, and it

was demanded that elections of district tehsil nazimeen should be held through direct

voting on the basis of Universal Suffrage. That was proposed in the first draft in 2001

but later on it was altered in the 2001 Ordinance.

Two major changes were introduced: (a) election of nazim and naib nazim shall be

held jointly as one-pair basis and (b) all district and tehsil councilors (as the case may

be) formed an Electoral College that was consisted of all the elected union councilors.

In 2000, when direct election was proposed some people had objected to it. According

to them, holding direct elections would be very complicated and too costly, because

the constituency will be consisting of a large area not only in geographical terms but

also in the terms of population. It was stated that it would be difficult to directly

approach all the voters and it would require extensive costs to manage such a huge

election campaign. On the other hand there were also many arguments in the favor of

direct elections. Some quoted the example of election of London mayor who got votes

directly from large constituents. Anyhow, if political parties are allowed to launch

election campaign then issues of heavily costs can easily be addressed. These

elections in the form of a pair did not prove more useful because that promoted more

grouping and factionalism in the entire system.

Election of the District Nazim and his Deputy

Maintaining Equilibrium in Checks and Balances of Powers


District nazimeen were more powerful than the district councilors. A nazim had more

powers as he/she was the chief of district government and not accountable to the

council. Moreover, he/she was not bound to participate in all sessions of the council.

Also district council was bound to ratify or not to ratify the acts taken by the district

nazim, except the approval of annual budgets. There was none of such affects that

could matter in real sense except moving a vote of no confidence which was

prohibited for first two years. The DC could not initiate concerned matters as it was

bound to encourage the dictatorial aspirations of an individual and that was a clear

negation of the pluralist thinking which the essence of democracy is. It was demanded

by other stakeholders and civil society also had endorsed the demands that powers of

District/Tehsil Nazimeen should be curtailed in such a manner that they could help to

enhance the authority of District/ Tehsil / Town council through some checks and

balances.

That was an important issue that impeachment of nazimeen was not an easy or simple

but that was rather a complicated process with a lot of risks. Just after the first time

elections in the beginning in many localities no-confidence moves had been

introduced within first few months. Since most of the nazimeen belonged to the

sitting government they maneuvered and first administrator order was issued

providing protection for two years against such moves. Second aspect was more

serious that naib nazimeen were not protected and were porn to face such moves of

no-confidence. Therefore, vested interests began to operate that had promoted too

much grouping and factionalism and destroyed democratic spirits.

Financial autonomy of local government has remained an issue of concern for every

stakeholder. It is true that in Pakistan generally major portion of national revenue has

been generated by the federal and provincial governments and hardly 1% of the total

revenues have been contributed by the local councils in the Gross National Product

(GNP). Therefore local councils are dependent upon grants from provincial

Impeachment of the Nazimeen/Naib Nazimeen

Financial Dependence

governments. Previously, some traditional taxes in the form of Octroi and ZilaTax

were major sources of income for local councils but in 1998 federal government

abolished these taxes and a new General Sale Tax (GST) was introduced. It further

decided to compensate local councils in lieu of Octroi and Zila Tax with a share from

GST (equal to the total amount of previous taxes they have been collecting in financial

years). That practice was going on until 2001then a system of Provincial Finance

Commission (PFC) was constituted that was obligatory to issue a grant from

provincial consolidated fund according to needs and requirements of that district.

But the procedure of awarding grant was similar to that of National Finance

Commission. That system has been working effectively since 2002 but parallel to

these financing facilities; president, prime minister, other ministers, provincial

governments and parliamentarians have been continuously providing funds under

their control directly to the local councils or the nazimeen and now directly to the

administrators. These financial transactions de-tracked whole process of financing

through PFCs but political maneuvering has been strengthened. The concept of

forming PFC was an excellent idea but the rulers themselves had ignored the

commission and began to grant special packages on political basis. This caused major

dissatisfaction on the award granting mechanism and the criteria, was challenged in

Punjab, KP and Sindh.

The most appreciated act was about introducing the concept of district ombudsman

in each district. The ombudsman had authority to hear, inquire and to award

judgment to individuals and parties having grievances from any one or many local

councils or the authority in local councils. Unfortunately, government did not

constitute that office ombudsman and nobody objected to that gross violation of law.

On paper local government paper was very attractive to an enlightened democrat

because of many positive indicators that might result into more empowered system of

governance at local level. There were many ways of involving local communities in

Introducing District Ombudsman

Incomplete Organizational Structures


running various functions of local councils. There were village and neighborhood

councils proposed in each village and mohalla to be constituted by local communities

in special general meetings. That was obligatory to constitute these councils within

first 30 days but nowhere these councils were constituted and after amending the

Ordinance in 2005 that clause was made optional to constitute such councils. Similarl,

public justice committees were proposed in each council but hardily anywhere that

was constituted. Citizen's Community Boards were set up everywhere and each

council had reserved 25% of its developmental funds but disbursement could not be

made possible because of unwillingness. At provincial level the top most regulatory

body was Provincial Local Government Commission, comprising of elected members

from local councils, experts and civil society representatives. These commissions

however were tried to be made non-functional by putting them in abeyance.

Another proposition was to constitute Monitoring Committees in each council

comprising elected councilors with responsibilities of monitoring progress, working,

development and governance in general. Each and every local council set up these

committees and their rules of business were developed but none of them had ever

worked to monitor or to perform its mandatory roles.

Although initially creating district level police cadre was introduced but according to

Ordinance 2001, only DPO was made answerable to the district nazim whereas police

remained as provincial subject. But in vague, a new concept of community policing

was introduced. Under that concept in each police station a joint committee was

proposed comprising of union nazims or his/her nominee. The main purpose was to

develop coordination and to maintain a liaison between law& order and local

governance. As per other halfhearted moves; they were ignored badly.

System of Monitoring

Introducing Community Policing



BASIC ISSUES REGARDING LOCAL GOVERNMENT SYSTEM

IN PAKISTAN

Chapter 5

There are some key issues that need clarifications and thorough discussions amongst

stakeholders at various policy levels. In Pakistan we generally avoid debating key

issues regarding local governance due to some political implications instead we

usually try to negotiate on these issues in order to bargain political interests. That was

exactly the attitude towards local government. Nobody cares whether local councils

exists or not or functioning well under political leadership of elected representatives

or public servants. And are they running these institutions at their own according to

their wisdom or someone else with higher political status is giving instructions for

local level governance matters? This all has been resulted into increased

dissatisfaction of the people.

On the other hand, bad governance at local level does affect people's daily life. An

efficient and effective government institution could provide maximum relief and

comfort to the people. Local government institutions are the governing bodies that

have prime concern at grass root level. Unfortunately we have a casual attitude

towards these institutions of prime importance. As a matter of fact we had many years

in Pakistan without a parliament; neither National Assembly nor the Senate. Similarly

there were no provincial legislatures for many years, but local government

institutions have been functioning without any break since 1960. The interesting

aspect is the only representative or undemocratic character of these institutions. Half

the time we had diacritical elected local councils to spearhead these LG institutions

but for many years these institutions have been run by a non-elected administrator;

usually the public servants and the state officials. Secondly the way of functioning has

resulted in an increased alienation of communities in self-governance.

In order to change our attitudinal behaviors it is important to initiate debates on

issues regarding local government. Hence, following framework may be considered

as starting point.

The primary issue related to LG is the absence of elected leaderships in running local

government institutions. Instead usually some technocrats belonging to local

government services or from the DMGs have been spearheading these institutions as

designated administrators, who necessarily do not belong to local communities,

some of them even not residing in local areas. Because of that local government

NON-EXISTENCE OF ELECTED COUNCILS


institutions could not attract local communities to participate in routine working

neither local people could interact with local councils in a friendly way. Since most of

the officials who have been heading local institutions are more like technocrats and

managers, so their style of working is quite authoritative and bureaucratic. As a result

there always has remained a visible gap between people and the local communities.

Contrary to that, if there are properly elected heads or councilors in local government

institution then their offices always show huge gatherings of local residents. For

instance, if we recall the situation in the flooded areas in recent past where majority

of affected people did not go directly to the government officials instead many of them

preferred to visit former councilors and nazims and requested them to represent on

their behalf. Thus, this typical bureaucratic style of work has changed the basic

character of self-government to state departments. Generally our people took local

government institutions just like other government departments, the sense of

ownership and the mindset has effected badly on service delivery through these

institutions. We must address the practice of running local self-government

institutions through stat-functionaries and should try to revert it.

The local government institutions are considered as an administrative arrangement

at local level in order to perform some of minor government functions; primarily

provision of municipal services and to some extent the rural development are

considered main responsibilities of local government. We have some bitter examples

of hegemonistic governance in past that increased inequality and discrimination

amongst provinces and residing nationalities. Most of our political movements have

issues against these disparities. All nationalist forces belonging to the oppressed and

small nationalities have tried their best to safeguard provincial autonomy and to

strengthen powers of the provincial governments. But infact, make local government

as third tier means that some of provincial powers will have to be devolved to local

levels, which would not be acceptable to those nationalist forces

Our constitution states only two tiers of government – the federal and the provincial

governments, whereas efficient and effective governing machinery functional at local

THIRD TIER OF GOVERNANCE

CONSTITUTIONAL PROTECTION


level could only be managed by the local residents. Since we have unprecedented

increase in population and colonization; proper administration and good governance

have become more challenging day by day. Therefore, accumulation and

concentration of powers and the authority at federal or the provincial levels cannot

deliver thoroughly. We should address the present day needs to address

administrative and governance issues without prejudices and narrow mind-sets of

ethnic, national or political interests. We must debate to acknowledge the district

governments as third tier of governance and provide them constitutional protection.

There should be an in-depth debate on relationship between, provinces and the

districts. Similarly, responsibilities of state establishments and the civil society

organizations could benefit local governance.

The provincial government's control has remained a controversial matter throughout

our political history. The provincial governments have been controlling districts

administration through police and other state-functionaries belonging to district

management group and other public servants of provincial services. There always has

prevailed a conflict of interest between provincial governments and district level

elected councils over the issue of managing district governance through elected

representatives. In order to resolve these conflicts local governance was put under

strict control of provincial governments. The provincial governments then set-up

specialized institutions parallel to local councils but under direct control of the

provincial governments. The financial dependency has been an important factor

behind provincial supremacy over local councils. There were many reasons behind

that conflict but our traditional practice resulted in making the local level decisions by

the provincial authorities. However, that practice always has resulted in smooth

evolution of local councils. During last tenure, the elected nazimeen and the district

councils of elected members governed the districts under the Local Government

Ordinance 2001. During first two years of their tenure a terrible conflicting situation

emerged: all of the provincial governments had shown their resentment to these

elected district and Tehsil/ Town nazimeen. The provincial authorities had imposed

few restrictions and non-cooperation that compelled district nazimeen to set-up

their forum as a pressure group. The district nazimeen of Karachi, Larkana, Dadu,

Peshawar and Kohistan took their cases before their respective high courts for relief.

As a logical outcome of these conflicts, the military government of General Pervez

PROVINCIAL GOVERNMENT'S CONTROL

Musharraf who introduced the concept of empowered district governments under

elected nazimeen was compelled to amend the law in 2005 by granting more powers

to the provincial governments in order to controlling district governments and the

elected representatives. Hence, the issue remained unresolved. The concept of an

autonomous local government should not be under control of provincial authorities,

however the provincial governments can define certain functions of these local

governments and they can also make certain rules of business besides relevant

legislation.

Constitutionally, Pakistan is a federal republic but prevailing political culture and the

mindset of the rulers is very much influenced by the feudalistic values and traditions.

This backwardness reflects in all of our political spheres; effecting party politics and

local governance in negative way. To some extent many have accepted it as a usual

norm and the lawmakers also have entrenched it into the law. In our local government

laws, there always described the councils as the supreme body, but in fact the

authority always has vested that individuals are more powerful than the councils,

which manifest a collective authority of diversified wisdom. According to local

government laws the heads of all councils in each tier were answerable to their

respective councils but only theoretically whereas, practically the heads were more

authoritative because rules of business and many ambiguities in laws benefit their

orthodox mindsets.

The last model was the best example that had much power vested in district councils

but the district nazim was authorized to use many of these powers bypassing district

councils. Same case existed at the lower tiers. Ideally, a local government system

should be more powerful having absolute authority vested in the councils rather than

in certain individuals, bosses or public officers.

Local government institutions are considered as the main areas of corruption, bad

AUTHORITARIANISM AND CONCENTRATION OF

POWER

CORRUPTION AND MISUSE OF RESOURCES


practices and misuse of resources. That is not the whole truth though. To some extent

there is corruption but full swing propaganda is just to divert the attentions. In

contemporary world corruption is very common but in developing countries it is

generally more visible and magnified. Pakistan has been placed in that group of

countries where every sphere of life is being badly affected due to corruption. Where

there is any type of funds utilization, there would be chances of corruption. Since, the

local councils are one of the main instruments through which many types of public

works are being carried out therefore, sizeable funds are being utilized through local

councils. But still these funds are not a lot because in Pakistan major portion of

developmental work has always been carried out by independent state or

government departments. Apart from these facts the local resources are being

misused either by the governments or by the other public representatives because of

lack of an adequate in-built system of checks and balances. There are systems but they

are non-functional. According to rules, internal and external annual audits are

mandatory, but that has been ignored frequently. Every ruling party and the sitting

government have always used local resources for their political campaigns.

We have experienced four different models of local government institutions. All of

these models were based on theorem that local government is the smallest

operational arrangement of state governments to perform a limited role primarily to

administer the municipal obligations. Therefore, in these entire models basic

structural framework remains similar. For instance; rural, urban divide, separate

councils but similar functions based primarily on municipal functions. Let us take

look into its history.

The first model was operational during early decade, which was based on relatively a

clear concept of self-government. Majority of people were living in countryside where

local governance meant practicing traditional phenomena. At that time even in urban

areas the state institutions were not on parallel footings. Therefore local government

institutions had been functioning under collaborated guidance of both state

functionaries and the people' representatives, although not elected by the people but

nominated from the dignitaries. Second model of Basic Democracy system motivated

rural area people to take interest in running local government institutions whereas

that model was again a collaborated form of governance. During 1979 people had

RE-FORMULATION OF FUNCTIONS

participated more enthusiastically in the electoral process but majority of the people

did not bother about the routine affairs of local councils. Our last model of 2001 was a


new local government system but also in managing some key areas of functioning of

local government institutions. The CSOs included more areas for practical

collaborations with LGIs. Military dictator might have his own interests to engage

CSOs but people of the country had benefitted a lot from those types of engagements.

General Pervez Musharraf, had announced his 'Agenda of Devolution', on 23rd March

2000, and introduced existing Local Government Model and offered all stake holders

to discuss and exchange ideas about that model. Almost all major political parties

rejected that offer but CSOs had accepted and started discussing various pros and

cons. During first 3-4 months of the year 2000, there were large number of

consultation meetings were held discussing new framework for future local

government. Those programs were held across the country. Similar activities were

organized by CSOs but the most interesting fact was that the representatives of

National Reconstruction Bureau (NRB) were also participating in those events. The

NRB was the federal government's set-up that was assigned to formulate a local

government system. The Pakistani CSOs presented a number of recommendations,

and many amendments to that framework, but NRB had not incorporated all of them.

Although, practical collaborations had been going on for a long time

The military dictator had promulgated local government ordinance on 14th Augusts

2001. Although that model was different from the one presented in year 2000 but

there were statuary provisions included having many new opportunities of practical

collaboration, building partnerships between CSOs and LGIs.

Hence, a new era of strong partnership had started that witnessed a number of

practically engaging CSOs and LGIs in many initiatives. The strongest collaboration

could be observed imparting civic education and capacity building trainings to newly

elected representatives in LGIs particularly women, workers, peasants and the non-

Muslims LG councilors

Here are some more examples of practical collaboration between LGIs and the CSOs at

that time:

There were bright chances for CSO activists to become a member of any council in that

system. Many activists availed those chances and were elected as councilors in

1. DIRECT PARTICIPATION

councils and union councils. Many women councilors were elected with the help and

assistance of CSOs. In some areas, CSOs mobilized workers, peasants and women to

contest for open slots in different tiers of LGIs. Many women councilors had joined

various CSOs after winning elections. During first tenure of LG system of 2001, there

formed many networks of elected councilors consisted of those ERs who had been

close associates with CSOs. In that regard, the Women Councilors Etihad, Workers and

Peasant Councilors Network and the Women Councilors Alliance are some of the

quotable examples.

Meaningful efforts were made in launching various advocacy campaigns concerning

key issues in local governance. CSOs helped identifying and addressing main

concerns regarding prevailing legal ambiguities, structural flaws, undue influences

by the political elites and issues of corruption or misuse of resources. Seminars,

consultative meetings and the discussions forums were held across country where

key stake-holders had identified major problems and demanded appropriate and

timely solutions.

The main concerns raised were: overwhelming authority of heads over respective

councils, redistribution of functions among districts, TMA and union councils, lack of

adequate funds for the union councilors and granting travelling allowances to

women councilors, etc. Many CSOs made it possible for ERs to demonstrate for their

demands. Similarly some of them had facilitated ERs to design various developmental

projects for their electorates. Few CSOs contributed in establishing the women

councilor's resource centers in many districts for technical assistance of women

councilors.

In previous LG system, two different possibilities existed to develop many sets of soft

and hard developmental projects by local communities. One was about setting up of

Citizens Community Boards (CCBs). According to LGO 2001, at least 25 local adults

could form a CCB in their area to carry out specific objectives. The district government

was authorized to register CCB and after registration the members had to develop any

project from a specified list, and concerning LGI had to provide a matching grant up to

2. ADVOCACY

3. COMMUNITY MOBILIZATION


80 % of total budget. CSOs had contributed tremendously in that area by mobilizing

communities and facilitating in forming of CCBs,. Many examples had been set up in

designing projects. Second area where CSO had made positive inputs was forming the

conciliatory councils called as 'the Musalaht Anjmans'. Those were small councils

consisted of elected representatives and non-elected citizens who were empowered

by LGO 2001 to make such inventions in prevailing conflicts for out-of-court

settlement of disputes more amicably.

One of the exemplary interventions by CSOs was imparting political education and

skill training to elected representatives (ERs). In that regard, a number of CSOs had

initiated training and educational programs, based on orientation on key concepts,

laws and regulations, etc. Furthermore, they worked on imparting skills training to

elected representatives on basic skills, like effective communicational skills,

designing campaigns, developing projects and managing conflicts, etc.

Under those training programs sizeable elected representatives were trained,

particularly women workers and non-Muslim councilors were more significant in

those groups of beneficiaries. Many national and international donor agencies had

facilitated a number of NGOs in organizing training programs. At national level

Devolution Trust for Community Empowerment (DTCE) was a multi-donor support

initiative focusing primarily on training of CCBs. The 'Women Political Schoo'l was

set-up with the help of the United Nations Development Program (UNDP) and

through this initiative almost 10,000 women councilors had been trained in four

modules. The 'Workers / Peasants Councilors Network (WPCN)' focused 1000

workers and peasant councilors belonging to 35 districts of Pakistan. Aurat

Foundation, Citizen's Commission for Human Development (CCHD), Sarsabiz

Foundation Faisalabad, Takhleeq Foundation Karachi and South Asia Partnership,

Pakistan were prominent in the process of imparting skill trainings to the ERs. These

CSOs also developed many sets of information, education and communication

material and distributed them vastly.

4. EDUCATIONAL AND TRAINING ACTIVITIES


NEW DEVELOPMENTS INRECENT PERIOD

Chapter 6

Local Government in Punjab Province

After coming into power in year 2008, the Punjab government did nothing with

prevailing local government system, the system of 2001 model. The tenure of elected

councils was over in August 2009. According to PLGO (Punjab Local Government

Ordinance) 2001, (which was further amended in 2005), there were administrators

in all tiers of LGIs, but there was a constitutional bar on getting prior approval from

the President in order to amend the PLGO-2001, therefore Punjab government did

not amend the law and had carried out its business through state functionaries as

administrators. There was huge amount pending from previous years as

developments funds reserved for CCB (Citizen Community Boards) in all LGIs. As

soon as on 31st December 2009 the bar on amending PLGO-2001 was over and the

government had amended PLGA -2001 as per its priorities.

1st amendment in PLGO-2001 was made on 23rd February 2010 due to which

Provincial Election Authority was established and election responsibility was shifted

from ECP to EA. The tenure of LGIs was reduced to 4 years, All elected LGIs were

dissolved and government was authorized to appoint administrators. Under 2nd

amendment in PLGO-2001 on April 2011; appointment of DCO from public service

was substituted. Some changes were made in functions of various LGIs. The 3rd

amendment in PLGA 2001 was carried out on 11 Februarys 2012; the condition of

appointing DCO of grade 20 was waived off, who was also empowered to act as the

EDO revenue. The government was also authorized to use CCB funds according to its

discretion.

4th amendment in PLGO 2001 was made on 8th November 2012 due to which power

of government to hold new elections was enhanced and it may announce elections

within 240 days subsequently. At that time the governor from PPP was on leave and

the acting governor assented the amendment. 5th amendment was made in January

2013 through that government had got additional powers of taxation. The 6th

amendment was made after passing new law of 2013; the cattle companies formed by

the government for marketing had been protected through that amendment. In

January 2013, LGO 2001 was further amended. As a result the government got

additional powers of taxation.

In 2012, another law was drafted by some bureaucrats that was circulated publically

but could not be presented on the assembly floor because of resistance from the

subject committee.

New law PLGA -2013 was passed by the assembly on 21st August 2013, all opposition

parties had proposed 13 amendments and all were rejected, while a group of treasury

benches led by Mr. Tahir Sindhu also proposed few amendments that also faced

rejection. The governor of Punjab assented it on 23rd August 2013. But the law was

not enforced completely whereas government was authorized to enforce that law at

any proper time. Finally the law was enforced in September 2013 but repeal of old law

of 2001 was not done. Two political parties PPP, PTI and a citizen challenged it in the

Lahore High Court (LHC), Meanwhile, when the hearing was going on at slow pace, the

government had submitted to the Supreme Court in another constitutional petition

stating elections may be held in Dec 2013; but no practical preparations were made.

ECP again announced that elections may held in January 2014 and a new schedule

was also announced. All opposition parties rejected the law by declaring it to be too

centralized and in negation to the Constitution. According to media sources , the

government was ready to hold elections in November 2014, but practically delaying

tactics were going on. Delimitations of LGIs were imposed in October 2013 and

process was to be completed by 7th November but government made new

amendment in the law therefore new process of delimitations was started and was

supposed to be completed by mid of December. Opposition termed delimitations as

prejudice to the opposition. PTI went to LHC but petition was rejected. Punjab

Governor had promulgated on 6th November 2013 first amendment in PLGA 2013

through an ordinance ensuring non-Muslim representation in all UCs irrespective of

their residing status. Secondly, only elected chairmen would vote for reserved seats in

upper local councils; through another ordinance promulgated on 9th Nov, in Punjab

elections were supposed to be held on party basis, but no rules of holding party-based

elections were made so far. The government again amended PLGA-2013 in

November through 3rd and 4th amendment. These two amendments resulted in, the

delimitations of wards in LGIs and elections of general seats on the bases of wards and

declaration of oneself being Muslim at the time of submitting nomination forms.

Keeping impact of these amendments new delimitations were carried out and was

supposed to be completed by 5th December 2013. However, ECP had re-emphasis on

holding elections in January 2014. On 3rd December a Pakistani citizen, Mr. Munir had

challenged PLGA-13 being ambiguous on qualifications of candidate against Section

62-63 of Articles in Constitution which resulted in halt of process again. Now the



situation got more confused. The Supreme Court had advised ECP to conduct all

delimitations process in all provinces but without cooperation from the provincial

governments. ECP could not complete that job in short span of time. Practically in

Punjab, PLGA 2013 was passed but that was not enforced whereas local governments

were functioning under the LGO 2001 were amended time to time.

According to PLGA the structure and composition of various LGIs shall be as

following:

District councils & UCs in rural areas except Lahore; and Municipal

Corporations, Municipal Committees in urban areas and Metropolitan

Corporations in Lahore were proposed. In urban areas government may notify

such number of UCs called city councils; A rural union council shall be called

Village Council and Urban UC will be called City Councils. Under UCs, Punchayat

will be formed by rural UCs in their jurisdiction and Urban UCs will form

Musalihat Anjuman in urban areas. Both would consist of 9 members including

2 women nominated by concerned local councils. Each UC would be delimited to

6 wards, from where one general member shall be elected, whereas chairman

and vice chairman as joint candidates shall be elected from the entire UC.

Similarly, youth and non-Muslim members shall also be elected from the UC.

For two women councilors, entire UC will be divided into two wards.

Delimitations of UCs and wards in city local area will be done through ECP. For

delimitations purposes, population census of 1998 was considered as base line

data. The delimitation process was started in September 2013 which was

completed in May 2014 but the opposition parties had rejected this idea by

demanding delimitation process to be completed through judicial officials. PTI

had challenged government power to delimit however the High Court rejected

that but later the apex court had accepted likewise petition and ordered ECP to

do all delimitations in all the three provinces.

Structure of LGIs: The District Council would be consisted of all heads of UCs.

On reserved seats less than 15 women, 3 peasants, 1 technocrat, 1 youth

representative and less than 5 non-Muslim members shall be elected indirectly.

Government will notify such number of seats for each council of upper tiers in

towns and cities. Union Council shall consist of 13 members including directly

elected chairman and vice chairman as joint candidates; 6 general councilors

from 6 wards; 2 women, 1 peasant in rural UC, 1 worker's representative in

urban UC and 1 youth representative and non-Muslim members each.

Metropolitan Corporation (MC) of Lahore: The Metropolitan Corporation shall

consist of the chairmen of all Union Councils in the district. The, government

notified additional 274 Ucs, Each MC to be consisted of 25 women on reserved

seats; 5 workers; 2 youth delegates; 3 technocrats; 10 non-Muslim members; 1

mayor and 9 deputy mayors each from each town of Lahore .

Municipal Corporation: Municipal Corporation should be formed in all cities

having a population of over two million . A Municipal Corporation shall consist

of the chairmen of all Union Councils in the area of and shall include the

following members indirectly elected on the reserved seats by the chairmen:

less than 15 women on reserved seats; 2 workers; 1 youth representative; 2

technocrats and less than 5 non-Muslim members shall be its members. 14

Municipal Corporations in Punjab were proposed.

Municipal Committee: A Municipal Committee shall consist of the directly

elected members from the wards of the Municipal Committee and shall include

the following members indirectly elected on the reserved seats by the directly

elected members: less than 5 women, less than 2 workers, 1 youth

representative and less than 3 non-Muslim membrs. The wards in municipal

committees were delimited by the ECP.

Every rural UC and city council shall establish Musalihat Anjuman and

Punchayat in their local area. These councils shall be the forum for amicable

settlement of minor disputes amongst the residents. This was traditional setup

as part of an out-of-court settlement effort for the settlement of minor disputes.

It was a good concept but it had nothing to do with local governance.

In each district, a health and an education authority will be established by the

provincial government under PLGA 2013 with enough functions of monitoring,

planning and budgeting, but both of these authorities would be accountable to the

provincial governments only. Both authorities would act independently of the local

councils. Function wise, these authorities would not cover up colleges and higher

educational institutions nor shall big hospitals including the district head quarter fall

under these authorities.


In the beginning the reserved seats for non-Muslims were conditional subject to their

presence in a particular local area. Population size over 200 was supposed to be

represented in local council but after an amendment now it would be mandatory for

all LGIs.

In PLGA 2013, un-necessary electoral clauses were inserted which ECP had to follow.

These caluses are as follows:ECP being a constitutional body would conduct elections

under Article 140-A of the Constitution and was supposed to follow federal law like

the Representation of Peoples Act (ROPA) but all provincial governments had

inserted some electoral clauses in their LGAs which were confusing. Electoral rolls

will be responsibility of ECP. Mode of elections will be decided by the government

under their relative law, direct elections on the basis of UAF would be held only at UC

level but reserved seats shall be filled indirectly by respective members. All chairmen

and vice chairmen as joint candidates will be directly elected from respective

councils. In case of Metropolitan all chairmen of UCs will act as electoral college to

elect special interest seats and the mayors and deputy mayors, government proposed

initially to hold LG elections on non-party basis basis, but that was challenged in LHR

The age for candidate is 25 years except for youth members who may be less than 30

years. While tenure of LGIs will be of 5 years.

Financial dependence on grants provided by the government from the provincial

consolidated fund shall be continued and for the allocation of funds, a provincial

finance commission shall be setup by the government. Additional grant in lieu of

Octroi and Zila tax, equal to 1998 standards will also be continued. Transfer of

immoveable property tax by the district council shall be continued and government

may ask for collection of any provincial tax, all rents and professional license fees as

per previous routines shall be continued as part of source of income for the local

councils.

Although local governments are not considered as the third tier of governance in any

province but everywhere LGIs would work within provincial framework. On the other

hand excessive control by the provincial government is significant. Although the ECP

would announce the elections but government would declare vacant seats, appoint

administrator for six months, may dissolve any LGI; determine local areas and

merger and division of local areas and local councils are also vested in provincial

government. Termination of any LGI head, regulation all LGIs by Local Government

Commission is under the authority of the government. Government could dissolve or

terminate any elected council and the head and could designate any additional or

specific function to any local council. It may also alter functions and merge any local

council. Government had also set up parallel private companies to carry out some

basic municipal obligations such as managing solid-waste, limited companies for

providing healthy meat, state authority for managing parks and horticulture, etc.

Nevertheless, there are flaws in this LG setup, which are highlighted below:

The lack of residing citizen's engagement in the affairs and monitoring of local

government institutions however is not satisfactory. Citizens do not have any

role in designing and implementing developmental projects within the LG

framework.

Municipality and district council shall be primary units, whereas, UCs will

function under guidance of upper councils. District education and health

authorities shall not fall within the jurisdiction of LGIs. Similarly, city councils

and village committees would not perform as local councils. Parallel state

institutions shall be more strengthened as the case in Lahore like solid waste

management company, parks and horticulture authority, Traffic Engineering

and Transport Planning Agency (TEPA), maintenance of roads, etc. Water and

Sanitation Agency (WASA) would be managed by specialized agencies, and

Lahore Development Authority would also be accountable to provincial

government. CM will be its chairman to it; On ground, last government of

PML(N) had functioned as the strong supporter of 2001 Model of General Pervez

Musharraf with 5 amendments in 5 years and one in the 6th year. The LGI model

of that time remained same as of district and city government continue

functioning with 13 devolved functions. All amendments by new government

were made to postpone elections and appointing state-functionaries as

administrators / heads of various sets of LGIs.

In Punjab it is quite clear and evident that present government does not allow any

type of local leadership to take any major shape in order to run local government

institutions. They do not believe in devolution and themselves are too centralists in

exercising governance. Recently, current assembly has passed amended law related

to Lahore Development Authority by making the CM its head. Similarly, Lahore

Transport Co, Lahore Solid Waste Management Company and Lahore Meat Company,

Lahore Parking Companies have their heads appointed by political nominations

made by the CM. Present government has undermined role of LGIs in development


that is continuously superseding many decision. Government is promoting key role of

public servants from DMG group of services in local councils which is leading to the

misuse of local funds at its discretion without considering local needs.

For the last many years it has been using delaying tactics to hold fresh elections and

establishing new LGIs. Under the pressure from the apex court new elections are on

the agenda but provincial government has reduced the key functions of various LGIs.

This has resulted in marginalization of local governments. Very recently, on 26th

August 2015, ECP has announced schedule for holding elections in three phases.

During 1st phase, elections shall be held in 12 districts of Punjab. Opposition parties

in separate petitions challenged in Lahore High Court the modus operandi for special

interest seats and delimitations done by ECP. The High Court has admitted the

petitions for hearing.

Khyber Pakhtunkhwa had a rather complicated governance system. The North-West

border area has its own system of “Jirgas of Elders” that exist at lower level in FATA

and PATA both. Whereas federal government controls FATA through governor of KP

and a secretariat under him who exercises his authority through political agents and

khasadars. The governing law in FATA/PATA is the Frontier Crimes Regulations

(FCR). In other districts which are called as settled areas, there are district/tehsil

governments ruled by the provincial government through deputy commissioners.

The local government existing there is as per the modified and amended model of

2001. Unfortunately, the question of autonomy and empowerment of LG there has

been compromised.

During previous practice (2001-2005), there emerged a serious conflict between

provincial government and some of the district nazims that could not be resolved

during entire phase. In 2008, when new government led by ANP came to power, LGO

2001 was in place and district governments were working. Later new elected

government made some amendments in LGO 2001 and let those DGs functioning

under an increased control of the government. In the last year of its rule, the ANP led

government had enacted new law on 8th May 2012 that was not enforced at once, but

Local Government in Khyber Pakhtunkhwa (KP)

Province

government was empowered enough under that law to enforce at an appropriate time

and may enforce some of its clauses immediately. As a result, the LGO 2001 was in

practice even during present PTI led government who had passed new law on 31st

October 2013 after notified in official gazette on 7th November 2013. The law could

not be enforced at once and same situation continued till new elections were held in

2015. The intervention of Supreme Court and the ECP made it possible to hold fresh

elections. Finally elections were held in May 2015, whereas, elected councilors took

oath on 29th August 2015. Its final phase of elections for the heads was held on 30th

August 2015.

The 2012 law was similar to 1979 and 1962 models but in a very simplistic way. The

district councils and 986 UCs were suggested in rural areas whereas Municipal

Corporation was proposed for Peshawar only. On the other hand, the Municipal

Committees in urban areas were to be formed. In Peshawar, urban Union Councils

were also planned. In all municipal committees, wards were constituted and single

member would be elected from these wards in every UC. Musalihati Jirga was

suggested for amicable settlement of minor disputes. In each district the

coordination committees composed of all local council heads and representatives of

line departments were also recommended. In addition, any local council was allowed

to form joint committees consisting of partner local councils. According to 2012 law

passed by ANP led government: District council consisted of such number of

members equal to UCs in that district. The chairman UC was member of DC. Union

councils were supposed to be consisted of a total 11 members elected on UAF from

joint electorate; including 7 Muslim general seats, 2 women, 1 member from

workers/peasants and 1 from minority community. Municipal corporation would be

consisted of all chairmen of urban UCs. Practically the district governments were also

operative as per 2001 model with 17 devolved departments.

The LG law of 2012 very clearly explained various sets of functions such as civil,

welfare, developmental and regulatory functions of union councils, public works,

public health, dairies, public ways and drainages, (nearly 100 functions in separate

groups will be assigned to district councils).

Present PTI led government passed new law on 31st October 2013. That is currently

the governing law and fresh elections have been completed. By the beginning of

September 2015, new local government would be functioning properly. The main

features of that law are as follows:


Basic structure shall be same as of 2001 model with minor changes. The term

union councils shall be replaced with village council in rural areas and the

neighborhood councils in urban areas.

The volume of representation in these councils has been lowered from 2001

model and their total number is increased. The village and neighborhood

councils will be elected councils comprising 10-15 members at village level with

minor functions that fall to some extent in jurisdiction of local government. They

are having limited functions of monitoring and implementation the assignments

designated by the upper tiers whereas main functions are similar to Musalihati

Jirgas and Anjuman as in Punjab, that falls under the Code of Criminal Procedure

(CrPC ) and Muslim Family Ordinance 1960, etc.

In Peshawar, one district and town councils shall be formed. In urban areas Tehsil

Municipal Administrations (TMAs) and tehsil councils shall also be formed with

municipal functions.

According to KPLG-2013, the district council shall have general seats in which

33% seats will be reserved for women, 5% reserved for workers in urban

councils and same for peasants in rural councils. In addition, 5% seats shall be

reserved for youth and non-Muslims members..

A delimitation authority was set up by provincial government which worked

well but process was averted by the apex court. Subsequently, ECP was ordered

to carry out new delimitations, who up-held the old process done by the

authority.

Village and neighborhood councils are set up by present government which

consist of 5-10 general seats, 2 seats for women, 1 for youth and

worker/peasant each and 1 for the non-Muslim member,. However, no

uniformity in volume of electorate is maintained and it varies from a population

of 2000 to 10,000 in one local council at grass-root.

All general seats in district & tehsil councils and all seats in village &

neighborhood councils would be elected through UAF on the basis of joint

electorate. The candidates securing highest vote in these V & N councils would be

nazim and naib nazim. All nazims and naib-nazims of district and tehsil would be

elected indirectly through electoral college. Special seats in districts and tehsil

councils shall be filled through proportional representation allotted to political


In spite of ruling party leader's speeches and promises, the government of KP did

nothing clearly that could reflect their agenda of preparing for new elections. Rather

the present provincial government was a bit confused over issue of legislation for a

revolutionary type of local government, inspite of that PTI had presented a model as

would be local government policy; that model was presented by Mr. Jahangir Tareen

few months ago but the party could not develop that model into a feasible system even

in their election manifesto for 2013 elections. Now almost one year is passed after

legislation but complete functioning of LGIs has yet to be completed. Overall, the LG

system is placed in abeyance without any legal justification.

Although PTI led government has presented its model of new local government but its

basic structure is similar to 2001 model with limited functions of municipal

administration. The key issue is devolving some of the functions taking from

provincial levels to the local councils and financial relocations against these

functions. Although district government would be continued as per 2001 with more

devolved functions to 17 district departments but these departments are not the key

line departments. Overall KPLGA-2013 is a very confusing law and not even well

drafted. It has many contradictions to the concept of devolution. However, the

electoral process in KP was a big show where more than 40,000 councilors were

elected.

Local government in the province of Balochistan is a relatively new addition after

independence. Before independence Balochistan was divided into two parts; One

part was under the British control and other part consisted of independent states.

British controlled Balochistan had municipality in Quetta and market committees in

other towns, whereas states had their own governments without any formal local

government institutions. After foundation of Pakistan, formalization of local

governments had started as per other provinces and Basic Democracy (BD) was the

first elected local councils system unified throughout the province. But in modern

time, inspite of new practices of constituting local governments, Balochistan is the

only province where elections were held with more regularity than other provinces.

Local Government in Balochistan Province

The deteriorating law and order situations and political un-rest always has been

stated as the main reason for not reforming governing institutions particularly the

LGIs in the province. There was always an excuse to not prepare election related

systems and delimiting the local areas for holding new elections but it has some

background politics which is based on many issues but to some extent ethnic

disparities amongst local residents. Previous provincial government when came to

power had amended LG law of 2001 by instituting deputy commissioners who were

later on made administrator to their respective LGIs.

Balochistan assembly passed new local government bill in May 2010. It is a modified

version of 1979 model. Structure of local councils has been changed but

representation of special interests groups remains same as previous. Election

procedures have been intact as per 2001. The functions of various tiers have been

altogether changed. Government control is increased and supremacy of elected

heads has been has been lowered down. Financial dependence of the local

government institutes upon provincial government is a continuous factor.

Qualification of a candidate has been changed to some extent. The powers and

authority of the provincial government as supervisory and controlling authority has

been increased that has resulted into an increased dependence of LGIs on provincial

government particularly involving the direct control of chief minister Interestingly,

the role of other elected parliamentarians is not so visible in this new system. The law

is badly drafted with many ambiguities and there is need to further enactments.

In the year 2008, new PPP led government took over the charge and a new law BLGA

was passed on 10th May, 2010. In that law there was a legal bar to hold elections

before 2012 but later on that bar was also removed by an act of assembly and an

amendment regarding holding elections on party basis was also passed in August

2013.

ECP had notified election schedule and election date had been fixed as on 7th

December 2013. Scrutiny of 22,000 candidates for 7,190 seats was done and nearly

1,700 papers had been rejected. All was set for holding elections on time. According

to Provincial Election Commissioner, nearly 2,509 candidates had been elected un-

opposed. Elections were held on 7th December for only 4,168 seats of various tiers in

different districts. The commissioner also disclosed that on 513 seats not even a

single candidate had filed papers therefore those seats were supposed to be filled

through by-elections after 7th December 2013. Although elections for general seats


were held on time but could not be completed till 2015 for unknown reasons. There

was bar put by the courts about reserved seats due to which composition of LGIs

could not be completed and the elections of the heads could not be held accordingly.

The LGI's constituion was not placed therefore there was no transfer of power to the

elected representatives, since they could not take oath as the councilors. All process

was in pending for the last one year.

Salient features of Balochistan Local Government Act (BLGA) 2010

There will be two types of local bodies; (a) Rural Councils (b) Urban Councils

(The district governments and town municipal administration have been abolished).

In urban city centers, there will be municipal committees in towns where population

will be exceeding 15,000, comprising of 8-60 members including general seats,

women, non-Muslim, worker's and peasant's representation. In each town a Town

Improvement Committee shall be constituted under specified rules.

Municipal Corporations will be formed where population would exceed 100,000 upto

500,000; consisting of 30-50 members including general seats, women, non-Muslim,

worker's and peasant's representation based on population. Where population will

be more than 500,000 there will be formed Metropolitan Corporation, consisting of

50-70 members including women, non-Muslim, worker's and peasants'

representation.

All local councils can initiate developmental projects with prior compulsory approval

from the government and these projects shall be duly approved by the council and

shall be incorporated in annual budget statements. In addition, commercial schemes

can be started and that also with prior compulsory approval from the government.

All local councils shall contribute or participate and encourage developmental

projects by the community.

Union councils will be formed in rural areas with population size 7,000-15,000. Each

UC will consist of 7-15 members, comprising general members and also non-Muslim

members according to their population living in that area. Additionally, special

interest group representation will be as per previous system, that is: 33% women,

5% workers and peasant's representation.

In every district, a district council will be formed which would be based on rural areas

excluding urban areasunder the jurisdiction of municipalities. DCs will be comprised

of general members, non-Muslim members and special interests groups. General

members will be all chairmen of UCs in that district. In addition to that all chairmen of

urban/municipal councils will also be members of the district council except the

mayor of the Metropolitan Corporation who will send his nominee.

There shall be three types of functions of local councils; (a) compulsory/obligatory

functions, (b) optional functions, (c) directives ( these functions shall be advised by

the government or by upper councils)

According to law, government has the right to determine exact number of councilors

for each tier. The government may extend, curtail or amalgamate a council into

another council or cease local council. In such circumstances, the funds and assets

may be transfered to nominating council or otherwise government could take its

control.

In each division there shall be a Divisional Council comprising of all chairmen of

metropolitans, municipal corporations, district councils and municipal committees

in that division. In addition all nation building government departments, federal,

provincial and local shall be represented in that council. The commissioner will be ex-

officio chairman and the secretary of LG & RD will be its ex-officio secretary. All sitting

MNAs and MPAs could observe and participate in DC meeting but they will not be

members of it. They shall meet once in every month. The functions of divisional

committee shall include: coordinating all departments and local councils in their

developmental and common projects, settlement of disputes amongst various local

councils, levy the property tax in rented areas specified by the government and

surcharge shall be levied to the local councils, officers or any persons acting on behalf

of local councils and responsible of damages, loss, waste or misappropriates of

resources of the councils shall be levied with a surcharge that would be fixed by the DC

and such a person may appeal to the government. All decisions of DC shall be

communicated to concerned government departments and relevant local councils for

further implementation. Two or more local councils could form a joint committee and

delegate such functions to act on common objectives.

A Local Government and Rural Development Board shall be established in the

government. The Government shall inspect the working of any local council at least


once in a financial year and may appoint any inspecting officer who shall be

empowered to observe sessions, inspect records, assets, property and can enquire

about any matters and shall be responsible to provide within 30 days a copy of

inspection report on which chairman should take actions as prescribed within 30

days. Government may suspend any order of a council or execution of any resolution if

found contrary to law or against public interest. All chairmen, vice chairmen, mayors

and deputy mayors shall be entitled to get remuneration as per their council's

decision.

In each local council a Musalihat Anjuman shall be constituted consisting of 3

members including 1 woman representative and 1 convener. The relevant council

shall elect them within 30 days of its first elections and local council can recall or

remove any one of them on account of having a partiality to any party in dispute or on

doing malpractice. As soon as seat is vacated, local council shall elect another member

in that place.

Every Musalihat Anjuman shall perform following functions:

The Election Commission of Pakistan will conduct elections. A special election cell

shall be constituted in provincial local government department to collaborate with

ECP. Election will be held after every four years upon announcement of dates by the

government. There will not be any legal bar on government to announce election

dates within a specified time. Election schedule should be announced 90-120 days

before the polling day. The law also laid down some clauses regarding elections,

disputes settlement, appointments of election staff, etc. Election will be held on the

basis of adult franchise through secret ballot. Delimitations of constituencies and

wards will be the responsibility of government, which can specify a local area by

combining multiple areas or dividing an area. Electoral wards may be single or

multimember wards but each voter could cast only one vote. Joint electorate will be

continued and voter's lists will be responsibility of ECP. The electoral lists as prepared

for provincial assembly will be used.

The minimum voter age will be 18 years and minimum candidate age will be 21 years

as on first day of election year. Election on reserved seats will be held in manner

The electoral procedures regarding local government elections

specified by the government. Election of chairman and vice-chairman shall be held

through procedure that government would specify separately. Double membership

would not be allowed but candidates may contest on more than one seat but of

different tiers. Any casual vacancy shall be filled through elections within 15 days but

government may extend that time period. If a chairman resigns or dies and remaining

tenure of those councils is more than 4 months then fresh elections shall be held. In

absence, vice chairman and in his/her absence first one from panel of presiding

officer will act in his/her place. If the government removes any chairman or suspends

him/her then an administrator would be appointed in his/her place. Deputy

chairmen and deputy mayors would not hold any executive authority and would be

convener of their respective councils.

A necessary clause has been added, which states that a candidate should not be

commonly known as one who violates Islamic junctions. Elections will be held on

party basis.Government may appoint administrator in absence of elected heads or as

caretakers for indefinite period. Any chairman can resign from his/her seat and vote

of no-confidence could be tabled but not within six months of taking oath. The

procedure will be laid down in rules of business. If a move of no-confidence fails then

the membership of both of the proposer and the seconded would be ceased, and for

the next six months no such motion could be tabled. If a vote of no-confidence passes

then the chairman or the vice chairman could not contest for the seat for remaining

period. Elections could be challenged through potations in special tribunals. Election

commission shall notify the returned candidates in case of all elections. Every

member or the chairman, mayor or their vice should submit declaration of their

assets in their name or in the name of their spouses or dependents.

Government may quash the proceedings of any council on same grounds or prohibit

any local council or require a local council to take such actions as specified.

Government shall have power to give directions to any local council. Government may

issue an order of inquiry against any local council and appoint an inquiry officer

holding with judicial powers to hear and record evidences etc. Government may

suspend or dissolve any local council and shall order for an inquiry about the charges

and appoint an inquiry officer. Government shall constitute an accounts committee

comprising of elected members and nominated members by the government who

Provincial governments control and superiority


shall review accounts and audit reports. Audit of local councils shall be carried out by

the director of Local Government Fund, and Audit. Government may appoint any

other person or authority as auditor to specially audit the accounts of any local

council. Government may terminate or remove any chairpersons, mayor or their

deputies on specified grounds.

Provincial government shall constitute a Local Government and Rural Development

Board in the provincial ministry of local government, which shall be a regulatory body

about services of local government and other administrative matters. That board

does not has powers as were entrusted under 1979 Ordinance. Instead maximum

powers shall vest in provincial governmentwhich means that the minister and the CM

shall be the supreme authority.

The Sindh province has been experiencing much confusing situation with regard to

local government. Basically, prevailing political conditionality has been causing

confusions and chaos in adapting any particular form of local government. The

province has two key contradictions that vests in the form of rural urban divide and to

some extent ethnicity based political grouping. Rural Sindh is Sindhi population in

majority to some extent under influence of native land lords that hold political powers

too, whereas in urban city centers Urdu speaking community holds key positions in

social and political life, whereas migrants from Punjab, KP and Balochistan are also

very significant in some parts of urban Sindh. These ethnic entities reflect different

political affiliations that are the bone of contention in smooth development of local

policy especially in the domain of local government badly influenced by this silent

conflict. In the past, General Pervaiz Musharraf had used that controversy

successfully in his favor. Before adapting LGO 2001, he combined 4 district of Karachi

into one City District Government and further divided district of Hyderabad into 4

more districts – Matyari, Jamshoro, Tando Allahyar, and Hyderabad. By doing that he

tried to accommodate various political families in new district governments. As a

consequence Urdu speaking community was given due recognition in the political

fields. As soon as General's rule was over the whole process of local government was

abandoned. The new PPP led government replaced new law with an old LGO 1979,

then new conflict between both main parties emerged and again settled by enacting

new peoples local government law by ambulating two models of 2001 and 1979 into

Local Government in Sindh Province

that. That was a much confused and non-practicable law that didn't work out even for

a single day. Again, a new law was passed for the third time by Sindh assembly in


Transfer of immoveable property tax by district council; tolls on local roads and

bridges in Karachi Metro would have substantial taxation powers. It has to share

its income to district MCs.

Local council may tax on rents, usher and cultivated lands a local cess

Local government shall function within the provincial framework. There is too much

control by provincial government that include declaring vacant seats, dissolving local

councils; determining local areas, merger and dividision of local areas and local

councils. Government may terminate any head of LGI. Regulation shall be done by

Local Government Commission. That shall be composed of concerned minister as

chair and 2 MPAs, 2 technocrats, secretary LG & RD, secretary law. Functions include:

supervision of councils, give directions and inspect to the councils, , holding Inquiry

about the affairs of councils, suspension of any department or institution and

supersession of councils. Set up advisory committees for any LGI. Disputes

resolutions shall be done amongst LGIs and the government. Government shall set-up

a Local Government Board for regulation of LG services only. In addition government

shall form division and district local boards which notify its members and functions

may be determined by provincial government.

No formal engagement of citizens in running affairs of a local council is present except

for voting and becoming a candidate from platform of political party. Municipality and

district councils shall be considered as primary units because all UCs shall have quite

limited functions that would be based on tasks assigned by upper councils. Instead of

going from lower to upper, all role and responsibilities shall be exercised from upper

tier down to UCs.

ECP would conduct the elections under the provincial law. Direct elections on UAF

basis will be held for UC members except for special interest seats and heads in UCs.

Whereas indirect-elections are being proposed for all heads of upper tiers, and for

special interests seats in every local council. ECP will register voters and will supply

electoral rolls. age for candidate shall be 21 years minimum. The tenure of all LGIs will

be of 4 years starting from the election date.

Electoral issues

Delimitations of wards in urban councils and in all other local councils will be carried

out by the ECP. It would be single-member constituency, but each voter will have only

one vote to cast. Elections will be held on party basis but independent candidates can

also contest. Besides numerous terms as per routine qualifications include special

provision of conformity with ideology of Pakistan and working for integrity of the

country are essential.

In Sindh province, for an effective and representative local government there does not

reflect any serious and concerted efforts by all major political forces, mainly because

of bifurcation of LGIs in rural urban divide that has based on ethnic conflicts. Every

Sindhi speaking citizen irrespective of political affiliation is favoring a similar local

government model where there is no supremacy of urban population within

framework of an LGI. Rather they have been proposing similar models where state

functionaries can influence elected members, for instance Sindhi nationalists also

advocate to restore LGO 1979 in its original form.

Therefore, in Sindh the future of local government depends upon political

understandings amongst ruling partners. In the last 5 years there were 4 legislative

steps taken and reverted repeatedly on political grounds. Politics based on ethnicity

is one of the main considerations in designing a particular system of governance.

Nobody except MQM wants Karachi as one district either with Karachi Metropolitan

Corporation (KMC) or City District Government Karachi (CDGK). Contrary to that, all

other political forces even Punjabi and Pukhtun would desire such a stereo-type local

government system confined to limited functions, only municipal administration in

the hands of elected councilors divided into small LGIs with accountability to the

provincial government.

Since Sindh has very resourceful and rich LGIs therefore Karachites want financial

independence, whereas other LGIs in rural Sindh are advocating continuity of

Provincial Finance Commission.

Formation of effective, efficient and powerful local government institutions in Sindh

undermine the supremacy of provincial government therefore, majority of political

parties and individuals want a model more dependent on the provincial government.

To address that mind-set a dialogue should be imitated among key stake-holders.


Devolution of power to the lower tiers at federal level

Local government in Pakistan has remained an area of prime concern for the military

rulers. Each one of them had introduced one particular system that remained in

practice for a long period. Even in the time of civilian government the system of local

government remains the same. For example, our early governments could not

formulate any system of local governance till 1958, when first military dictator

General Ayub Khan had introduced a new system of local government, 'The Basic

Democracy', that had been in place for nearly two decades, till third military dictator

Gen. Zia –ul-Haq had replaced it with a new one in 1979. In-spite of the fact that during

these two decades, there was one powerful civilian government of Pakistan People

Party-the first ever democratically elected popular government of Mr. Zulfiqar Ali

Bhutto but throughout its tenure the local government system was practically the

same as of BDs of the first martial law. However, his government had designed a new

People's Local Government System but it could not be enforced at any level. The

system of local government introduced by third military ruler Gen. Zia-ul-Haq had

been in practice till year 2000. Then fourth military ruler Gen. Pervez Musharraf came

to power who once again introduced a new system of local government, "The

Devolution Plan". Very interestingly that system has been continuing till 2012 in an

amended form. Besides the fact that all sitting federal and provincial elected

governments have totally rejected The Devolution Plan but practically only

Balochistan government had enacted new law of local government in year 2010,

whereas other provinces could not even formulate till 2012any new model and old

system of 2001 has been existing with sole powers to the administrators and the state

functionaries from civil services.

There might be certain reasons and motives behind junta's move but that is a

historical fact that we have five democratically elected governments and none of

them has ever tried to introduce a new version of local government system. Most of

these popular governments usually maintained the old system, introduced by the

military juntas but with minor changes and without making any fundamental

amendments. However, during 1975 the PPP governments had enacted a new

Peoples' Local Government Act but that could not be enforced. Similarly, during the

year of 1996 Punjab government of PML (N) had also enacted a new law but Lahore

High Court declared it against the spirit of Constitution. Ostensibly, both of these laws

were not different to previous models of military governments. The names of various

tiers of LGIs had been same as of Basic Democracy (for example, Zila and Union

councils are the names given in Basic Democracies Order).

The military governments had usual practices to develop a certain model of local

governments at central level and enforced provincial governments to promulgate

that through ordinances by the governors. Because each time military took power

they first introduced local government plans in absence of provincial legislatures. As

a result federal level ministry of local government and rural development always

remained instrumental to some extent, whereas promulgation of an ordinance was

always carried out by provincial military ruler. In that context some form of

centralization had always existed. On the other hand, local governments in

cantonments always vested with federal government through ministry of defense.

Similarly, in FATA there never had been any concept of local governance since 2012,

when new regulations were drafted but could not be enforced. Whereas in Gilgat-

Baltistan LG existed from General Zia's regime but it took the formal shapeduring

Musharraf's government.

Islamabad- the federal capital, has always been governed by the Capital Development

authority (CDA) under federal government till year 1992 when union councils were

elected in rural areas. During Musharraf's government the National Reconstruction

Bureau (NRB), a specially constituted think tank run by military government who had

drafted the Devolution Plan and proposed new local government system with 13

devolved functions at district level. The founding chairperson of NRB General Naqvi

had proposed to install local governments institutions in the urban area of Islamabad

and a new law was drafted but state-functionaries had resented that effort.

According to the Constitution of Pakistan 1973, the subject of local government is an

exclusive power of the provinces, because that subject neither exists in Federal list

nor in the Concurrent list. Only exception was in Ayub Khan's period when federating

units in provinces did not exist. After enforcing Constitution of 1973, local

government remained under the domain of federating units but federal government

had always intervened through federal ministry of local government or other federal

institutions like NRB of General Musharraf's era into the legislative processes of the

local government. After the 18th amendment in the Constitution, the federal ministry

of local government has been wind up and now ministry of defense is responsible only

for enactment of local government in the cantonments and ministry of interior is

responsible for Islamabad Capital Territory (ICT). whereas, FATA and GB are

controlled by president and the federal government. There are separate laws and


regulations for those areas controlled by the federal government.

Islamabad consists of urban and rural areas with 354,855 male voters and 297,147

female voters who elect their 2 MNAs and 1 senator for the parliament, but citizens

living in rural areas had elected local government representative only for 4 times that

is:1980 , 1983, 1988 and 1992 since its (ICT) creation as independent district in 1980.

Whereas in city of Islamabad, CDA controls all governing bodies and there is separate

municipal admiration wing under CDA for rendering municipal obligations. The

elections have been held under the supervisions of federal ministry of local

government and rural development. Thanks to the courtwho ordered to hold fresh

elections in the ICT as soon as possible. Now elections would also be held under ECP

according to constitution.

Previously, local government in ICT was subject to the ICT Ordinance 1960 and in

accordance to that Ordinance, the CDA master plans under zoning laws. LGIs have

exercised their functions under CDA rules and regulations. Last elections were held in

the year 1992 in rural areas only where 12 union councils were set up. A new law was

passed by the National Assembly (NA) in 2015 called the Islamabad Capital Territory

Local government Law 2015. According to this new law, the term of LGIs was

supposed to be of five years starting from first sitting of LGIs. After completing tenure,

the government may appoint administrator not more than six months as care-taker.

Removal or termination of any head and/or member, shall be vested in federal

government. Vacant seats also supposed to be declared by the government and ECP

was empowered to conduct by-elections for that set of seats vacant for any reason.

ECP shall also delimit the constituencies, provide electoral rolls, conduct elections

and solve electoral disputes. The qualifications and disqualifications are same as for

other members of legislatures other terms of reference for the candidates shall be as

per ICT local government law 2015. The minimum age to become a candidate is 25

years. That law was passed by NA but was never presented in the senate nor president

assented to that law but ECP has announced elections schedule. According tothat the

announcement, election shall be held on party basis on 30th November 2015. In the

month of September ECP will complete delimitations of LGIs and union council in the

capital city.

Local Government in the Federal Capital

According to ICT Local Government Act 2015, there will be one Metropolitan

Corporation in the city composed of all Chairmen and Vice chairmen of the union

councils and 50 union council of 11 members. In addition to that, 33%

women, 5% workers or peasants, and youth representatives would be elected on

reserve seats. Besides them 5% non-Muslims and 2% technocrats shall also be

elected on reserved seats. The union councils would consist of chairman and vice

chairman as joint candidates; there shall be 6 general seats, 2 women, 1 youth,

1worker or peasant and 1 for non-Muslim member A total of 13 members shall form

one union council. All seats in a union council shall be filled through UAF and through

secret ballot whereas reserved seats and the mayor or deputy would be indirectly

elected by the metropolitan councilors. All local councils would perform their

functions within the limits of master plan and other development plans established

by the CDA.

Pakistan has more than 50 cantonments. In cantonments, there are Cantonment

Boards for local administration. There is a large civilian population living in highly

developed housing societies (DHAs) but its entire governing control has always been

in the hands of military officials and institutions. Cantt Boards have been providing

and controlling civic services. All cantonments were covered under Cantonment

Board Act 1924- a very old and stereo-type law designed by the English rulers when

cantonments were located far flung from the civilian residential areas. Later, military

governments of Pakistan had amended that law many times but the main framework

always remained the same. It was again the Apex Court under whose directives the

Ministry of Defense tried to enact a new law in 2013 after a long time but even after

serving show cause notices to the concerning officials, SC could ensure holding of

fresh elections in Cantt Boards. However, in March 2015 president of Pakistan has

promulgated an ordinance in order to amend the old laws and empowering ECP to

hold new elections. However, the new ordinance never became an Act of parliament.

Previously in the year 2012, a new law was proposed as a private member bill to

amend the old law of 2000 but that was never presented in both of the houses for

making it country law. According to the latest ordinance in all Cantt Boards, there

Concisely

According to new amendment there will be one Mayor and three Deputy

Mayors. Anybody outside councilors may contest for these spots. Elections on recent

seats in contest will be held once in a year.

Local Governments in the Cantonments


shall be 200 wards in 42 cantonments. Only one member shall be elected from every

ward. Additionally, on reserved seats there are only 2 categories: the category one

includes women, workers, peasants and youth members whereas second category

includes only the non-Muslim population. ECP has fixed these seats and allocated to

various cantonments. There are cantonments where there are only non-Muslims

elected on reserved seat(as there is no seat reserved for other category). According to

recent elections, there are only 200 general seats and 49 reserved seats that include

30 reserved for non-Muslims and 19 reserved for women, workers, peasants and

youth representatives. That type of Cantt Board as local government institution can

never function as representative forum. Besides these confusions there shall be a

military personal as head (president) of the cantonment boards.

Cantt Boards tenure will be of five years. The election commission will conduct

elections and provide electoral lists, etc. The president of the board shall have

absolute powers. Delimitation of UCs and declaring an area as UC shall be done by the

federal government- for that purpose some standards (not specified) shall be

adapted. According to new law 2015, Cantt Boards will be composed of president

from army, usually the station commander or any nominee by federal government.

One vice president elected indirectly by all members who are directly elected from

the wards. Apart from constituting elected bodies in Cantt Boards, the fact is that the

most valuable and resourceful residential areas of DHAs shall be out of the

jurisdiction of the Cantt Boards which otherwise gives a message that the

establishment of elected boards is not a well-considered and thoughtful action and

is merely taken as a formality to fulfil.

FATA consists of agencies and Frontier Regions (FRs) located between Afghanistan

and Pakistan and governed by the KP governor through political agents in agencies

and deputy commissioners in FRs. The governing order is the FCR regulations

controlled by FATA administration secretariat under supervision of the governor.

Currently there are 4 municipal committees for municipal administration in FRs,

whereas in agencies Jirga Councils of the elders rule the territory and political agent

control administration through revenue officers. From 2012 political parties order

extends to FATA but political parties could not be functional in most of the areas. Most

Local Government in Federally Administrated Tribal Areas

(FATA)

of educated people have been demanding to end the FCR and enforcement of regular

laws to the FATA territory . Now it is also a popular demand to install local

governments in FATA too. In year 2012, FATA secretariat in Peshawar developed FATA

Local Government Regulations for agencies and FRs but that could not be enforced for

various reasons. According to that draft law, more municipal committees were

proposed for all towns notified by the governors and each MC shall consist of directly

elected members (the number shall be determined by the governor). Local

government shall perform all of its functions including municipal obligations in their

respective areas. The governor shall hold supreme authority over LGIs but elected

members could be inducted into governing practices instead of non-elected elders.

Since the governor is the representative of the president of Pakistan, therefore federal

government shall be empowered to give advices to the president in that regard.

The Northern Areas of Pakistan consist of nine districts. Traditionally, these areas

including Gilgit and Baltistan as agencies were under the control of political agents

appointed by the federation. Before General Zia's government there was no concept of

local government separated from political agents governing authority. In late nintees

Northern Area Council was established with elected membership. These areas got the

status equal to other federating units at the time of PPP's last regime under self-

governing rule. GB got equal status to a province but without any constitutional

coverage. Prior to that local governments were formed under 1979 Local Government

Ordinance .According to that Ordinance 5 district councils with 57 seats, 5 municipal

committees with 61 seats and 103 union councils with 719 seats were formed

through elections in 2004.

Very recently, the governor of Gilgit-Baltistan has assented to the Gilgit-Baltistan

Local Government Act 2014 that was passed by the legislative assembly unanimously

on 18th August 2014.

For drafting the law a select committee was notified by the Gilgit-Baltistan Legislative

Assembly who drafted the Local Government Act 2014. Gilgit-Baltistan that has the

Local Government Ordinance of 1979 enforced in the region since September 1979.

The new local government system shall be based on two tiers: the District Councils

and the Union Councils in rural areas while the Municipal Committees will be the

Local Governement in Gilgit-Baltistan (GB)


lowest tier in urban centers. During previous system, the middle tier of tehsil council

was not notified officially when the Local Government Ordinance of 1979 was

extended to Gilgit-Baltistan. Under new law the Gilgit-Baltistan government will now

work with the election commission of Gilgit-Baltistan to chalk out the process of

conducting the local government elections.

Urban and rural areas will be notified wherein local governance structures will be

formed comprising of representatives elected through adult franchise basis and

indirectly elected members on reserved seats for women and religious minorities.

The local government elections will be held on party basis and under single ward

electoral system. The standing committee system has been introduced at the local

government level. A local government commission will be set up to ensure a link

between the Gilgit-Baltistan government and local government structures. A local

council board will be formed to oversee the appointments and other service-related

matters of local government employees. Under the local government service

structure, the employees of the local government will be considered as public

servants and they will get honoraria, pension, provident funds and other employment

related facilities. Two city metropolitan corporations will be established in Gilgit and

Skardu districts, headed by a mayor and a deputy mayor. A Jirga Anjuman will be

formed at district council level for out-of-court settlement of disputes. In addition to

the reserved seats for women, the law specifically mentions that any local council will

not be considered effective and functioning unless the required number of women

seats have been filled.

Until now there has not been any serious move to hold elections in GB, but possibility

of elections are certain to some extent because of popular demand for having elected

councils there and ending the one-person rule of administrators in LGIs. Although

new law has been enacted in GB, but its complete enforcement is still questionable.

The process of delimitations and other election related issue are pending and are yet

to be settled according to new enactments.

Key features of the Gilgit-Baltistan Local Government Act

2014 are:

The Electoral Issues-An Overview

There are many electoral issues without any proper solutions. Under local

government laws, electoral provisions exist in every law but not in conformity of

Local Government in Pakistan 2

TABLES & CHARTS



1 35

11 1

82

0 0

40

15

0 22

1 25

6 3 37 15

1

0

11

37

37

2

81 24 73

28

35

50

4

91 32

4 53

63

5

31 50

9 1 85 12

5

6 19 2

80

15

1

73

86

72

87

6

42

Metro Pol i tian

Corporation

Dis trict

Counci l

Dis trict

Municipa l

Corporation

Municipa l

Corporation

Municipa l

Committee

Town

Committee

Tehs i l

Counci l s

Union

Counci l s /

Vi l lage

Counci l s

Union

Committee/

Neighborhood

Counci l s

Cantonment

Boards .

Punja b Sindh KPK Baluchis tan Is lamabad Gi lgat Tota l

Local Govt. Institutions in Pakistan-2015

Local Govt. Institutions In Punjab-2015 Local Govt. Institutions In KP-2015

0

500

1000

1500

Series1 25 6 3 37 151 1137 372 8

Dis trict Dis trict Municip Municip Town Union Union Canton

Local Govt. Institutions Sindh-2015


1 32 4 53

635

3

Metro Politian

Corporation

District Council Municipal

Corporation

Municipal

Committee

Union Councils /

Village Councils

Cantonme nt

Boards.

97

8

97

8

17

01

0

30

24

92

22

08

2

32

9

33

5

56

70

10

04

31

73

69

59

85

28

35

50

2

5

34

86

59

85

28

35

50

2

5

34

86

59

85

28

35

50

2

5

34

86

14

84

15

68

31

18

5

55

34

13

8

39

90

9

Districts Tehsils Village Councils Neighborhood City Districy Total

# of Seats in Local Government Institutions

Genera l Women Peasants/Workers Youth Minori ty TOTAL

Local Govt. Institutions In Balochistan-2015

Punjab

Representation in KP-2015

District Governments in KP-2015


56%44% Male Voters

Female

Voters

66

37

17

7 5 2

51

14

0

10

20

30

40

50

60

70

PLM-N PTI

MQM PPP JI

ANP

Indip

endent

Un-Oppose

d

0

20,000,000

40,000,000

60,000,000

80,000,000

100,000,000

Male Voters Female Voters Tota l Voters

Male Voters 30,183,83 11,138,13 7,630,814 1,913,729 1,129,470 367,960 52,363,94

Female Voters 23,642,61 8,993,159 5,748,218 1,419,074 593,231 312,652 40,708,95

Tota l Voters 53,826,45 20,131,29 13,379,03 3,332,803 1,722,701 680,612 93,072,89

Punja b SindhKhyber

Pakhtun

Ba luchis

tanFATA

Federa l

AreaTota l

Registered Voters in Pakistan (as on 22.09.2015)

Registered Voter in Pakistan (as on 22.09.2015)

Cantonment Boards in Pakistan

Parties’ Position in Cantonment Elections-2015


32%

19%9%

4%1%

25%

7%

3%

PLM-N PTI MQM PPP JI ANP Indipendent Un-Opposed

3188 7614 3510 6,022 6,131 6,131 9586

0 630 270 305 389 389 73

195 220 00 62 62 0

46 78 78 92 102 102 125

12 00 4 8 8 0

108 234 000 208

000000 151

2 2 17 000 19

000000 6

00 2 000 4

3443 8652 4111 6453 6692 6692 10172

Union Councils

Tehsil Councils

Town Councils

District Councils

City District

Municipal committees

Town Committees

Municipal Corporations

Distt. Municipal Corp.

Metropolitan

TOTAL

Tenure 1960 Tenure 1965 Tenure 1979 Tenure 2001 Tenure 2005 Tenure 2010 Tenure 2015

Parties’ Position in Cantonments Elections- 2015

Election Status of Cantonment Board

Registered Voters in Cantonment Board

Local Government Institutions in Pakistan: 1960-2015

0

10000

20000

30000

40000

50000

60000

MetropolitianCorporation 1(Lahore)

MunicipalCorporation

7

MunicipalCommittees

79

TownCommittees

140

Zila Councils 34

UnionCouncils

3043

Total 3304

Musl ims Non Mus l ims Workers Peasants Women Tota l

z


1

5

3

0

15

15

32

0

400

30

234

19

38

0

120

26

397

18

52

26

104

597

396

3470

0

1

396

1563

5409

468

4452

57

126

422

1853

6519

72

6

58

60

293

4 1

Local Counci l

Mus l ims

Non Mus l ims

Workers

Peasants

Women

Tota l

Municipa l Corporation Quetta Municipa l Committees Town Committees Dis trict Counci l Union Counci l s Tota l

Local Govt. Institutions under the Basic Democracies System of 1959

Number of Seats in Local Councils(as on October 1999)

st1

Balochistan > Number of Seats in Local Councils st(as on 1 October 1999)

Local Councils in Pakistan (as on October 1999)st1


3204 59027 31718

321586

9279 13540

451 72424345

125

842826 13947 11334807

1614847 15847 10284

1408

331 20590 00 0

5459 96900 57681 1794 1849 13794 17390

1873

57

184

8

17651000837113 1800018

Total Councils Total Councilors Muslims Non Muslims Workers Peasants Women

Punja b Balochis tan NWFP Sindh Northern Areas Is lamabad Tota l

1,852,220

53,336,603

35,138,245 12,421,472 54,748,540

2,649,306

7,785,320

36,347,673 13,119,159 59,899,422

Baluchistan KPK Punjab Sind National

2001 2005

Total Membership of Local Councils (as on October 1999)st1

Province–wise Registered Voters

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Municipa l Corporation 1 (Karachi )

Municipa l Corporation 9

Municipa l Committees 28

Town Committees 117

Dis trict Counci l 17

Union Counci l s 675

Tota l 847

Mus l ims Non Mus l ims Workers Peasants Women Tota l

z

4761 719 24 851

0 0 0 00 0 0

57 61 719 24 861

0

1010

Zila Councils 5 Municipa l Committee

5

Union Councils 103 Northern Are Council

1

Tota l 114

Mu s l i m s Non -Mu s l i m s W om e n Tota l

Northern Areas – Number of Seats in Local Councils st(as on 1 October 1999)

0

10000

20000

30000

Mus l ims Non

Musl ims

Workers Peasants Women Tota l

Municipa l Corporation 1 (Pwshawer)

Municipa l Committees 30 Town Committees 12

Dis trict Counci l 24 Union Counci l s 759 Tota l 826

z

NWFP (KP) – Number of Seats in Local Councils st(as on 1 October 1999)

Number of Seats in Local Councils (as on October 1999)


51

8 95

7

3,4

53

1,0

94

6,0

22

56

7 98

6

3,4

64

1,1

14

6,1

31


2001 2005

6,022 30530

924

6,131 38962

1028

Union Councils Tehsil Councils Town Councils District Councils City District

2001 2005

0

20000

40000

60000

80000

100000

120000

140000

M uslim General M uslim General-

Women

Peasants &

Workers

Peasants &

Workers

(women)

M inorities Nazim/Naib

Nazim

Total

Punja b Sindh NWFP Baluchis tan Tota l

Province-wise Union Councils

.

Local Govt. Institutions

Number of Seats in Union Councils-2001

33.06

31.14

44.36

41.22

58.64

53.56

41.61

37.67

52.52

47.5


2001 2005

Sindh

Province-wise Voter's Turnout (in percentage)


13

82

6

69

28

69

28

69

28

34

74

69

28

45

01

2

43

23

21

95

22

28

22

28

12

80

22

28

14

48

2

39

44

19

72

19

72

19

72

98

6

19

72

12

81

8

22

68

11

34

11

34

11

34

56

7

11

34 73

71

24

38

1

12

22

9

12

26

2

12

26

2

63

07 12

26

2

79

70

3

M uslim General M uslim General-

Women

Peasants & Workers Peasants & Workers

(women)

M inorities Nazim/Naib Nazim Total

Punja b Sindh NWFP Baluchis tan Tota l

Local Councils in Pakistanst

(as on 1 October 1999)

Number of Seats in Local Councils(as on October 1999)st

1

Number of Seats in Local Councilsst


Source: Provincial Election Authority (Census Bulletin 1998)

Number of Seats in Union Councils-2005


Number of Seats in Local Councils

Number of Seats in Local Councils

Number of Seats in Local Councils st(as on 1 October 1999)

Total Membership of Local Councilsst


References:1. Local Government Laws in Pakistan & AJK; (Ministry of Local Government & R-

D Islamabad)

2. Women in Punchayat Raj, Structures; (Gian Publishing House New Delhi)

3. Local Government in Pakistan-Local Government Extension Service; (Afzal

Mohammad, Ministry of Local Govt & R-D)

4. Local Government in LDCs and some related issues; (Jamil Mian Muhammad,

Feroz Sons Ltd) 1996

5. Women Parliamentarians; (Har-Anaud Publications New Delhi)

6. Sardari, Jirgas and Local Government System in Balochistan. (Dr. Mehmood Ali

Shah) 1992

7. Government and Politics of Pakistan. (Dr. P. Sharan, Metropolitan Book co. New

Delhi.


Key to Abbreviations:

AJK Azad Jammu and Kashmir

BD Basic Democracy

BLGA Balochistan Local Government Act

CCBs Citizens Community Boards

CCP Code of Criminal Procedure

CDG City District Government

CEO Chief Executive Officer

DCO District Coordination Officer

FATA Federally Administrated Tribal Areas

GST General Sales Tax

ICT Islamabad Capital Territory

IJI Islami Jamhoori Ithad

IRDP Integrated Rural Development Program

KP Khyber Pakhtunkhwa

LG Local Government

LHC Lahore High Court

MC Municipal Committee

MC Metropolitan Corporation

MNA Member National Assembly

MPA Member Provincial Assembly

MQM Muttahida Qaumi Movement

NHA National Highway Authority

NIC National Identity Card

NRB National Reconstruction Bureau

NRB National Reconstruction Bureau

NWFP North West Frontier Province

PM Prime Minister

PML Pakistan Muslim League

PPP Pakistan Peoples Party

PWP Peoples' Work Program

TEPA Transport Planning Agency

TMAs Tehsil Municipal Administrations

UC Union Council

VAID Village A.I.D Program

WASA Water and Sanitation Agency

local government in pakistan 1947 - 2015

Documents