ISLAMABAD: Creation of a novel top elected office apart from mayor of a local council in the new Punjab local government law may give rise to conflicts between the two elected position holders.“If there will be two topmost leaders, equally having people’s mandate, apprehensions are that they may engaged in turf war in some local governments, marring their working and functioning,” a senior official, privy to the local bodies system, told The News. “I am still to fathom the logic and reason behind having two top office holders for one local government.”Some other innovations have also been made in the recently enacted law. Its reading makes it clear that even its voluminous text largely contains wordings and terminology existing in some foreign statutes dealing with local governments. The immediate objective of its enactment was to send the present opposition-dominated local governments packing, which was instantly achieved a week back after the Punjab governor assented the bill, earlier approved by the Punjab assembly.Under the new law, there will be a “head” (mayor), a “head’s cabinet” and a “convener” of a local government. The head and convener will be directly elected while the head’s cabinet would be nominated.The law says ‘head” means the head of the local government and includes a Lord Mayor of a Metropolitan Corporation; a Mayor of a Municipal Corporation, Municipal Committee or a Town Committee; and a Chairman of Tehsil Council.According to section 83, the elections to a local government will be conducted on closed list proportional representation basis through secret ballot. The head, convener and other councilors, except the councilors to the seats reserved for religious minorities, will be elected by all voters of the respective electoral unit.In order to contest such an election, a political party or electoral group will appoint two eligible persons to contest for the offices of the head and convener. Where a political party or electoral group appoints two or more candidates for an election, all such persons including the candidates for the office of head and convener, will contest jointly.Section 43 says the convener will convene meetings of the council (comprising himself and other councilors of a local government) as required under the law; preside over, and ensure orderly conduct of sessions; maintain their record; and constitute its committees and oversee their working. A convener will also exercise such powers as are conferred upon him under this or any other law. He may also direct a councilor to abstain from or withdraw immediately from a meeting where in his opinion his attendance would constitute conflict of interest or his conduct is grossly disorderly.Spelling out the duties and powers of a head, section 42 says in addition to any other duty assigned to him under this or any other law, he will be responsible for ensuring that the business of the local government is carried out strictly in accordance with the law; its efficient, effective and transparent functioning; accomplishment of operational, developmental and fiscal objectives set out by the council or as the case may be the Punjab government; presentation of not less than two reports on the performance of local government to the council and the provincial government during each financial year; representation of the local government at civic or ceremonial functions; any other duty, not being the duty assigned to any other authority under this law, as the council may, by a general or special resolution direct; any other duty as may be assigned to him by the provincial government; and general supervision and control over officers of the local government for these purposes.A head will also exercise such powers as are conferred upon him under this or any other law; and such powers of the local government, not being the powers of the council or the powers assigned to any officer or authority under this law, as are delegated upon him by the council through a resolution. A head will observe the general policy or directions of the Punjab government.Section 19 defines the head’s cabinet. It says in the case of a Metropolitan Corporation or a Municipal Corporation, the head’s cabinet will comprise not more than two councilors who have successfully completed not less than sixteen year of education from a recognized institution and between four to six professionals. In the case of a Tehsil Council, the head’s cabinet will consist of not more than two councilors who have completed not less than fourteen years of education from a recognized institution and between two to four professionals. In the case of a Municipal Committee, the head’s cabinet will include one councilor who has completed not less than fourteen years of education from a recognized institution and two professionals. In the case of a Town Committee, the head’s cabinet will consist of one councilor and one professional.It was explained that a professional will mean a person who has completed sixteen years of education from a recognized institution and has an experience of not less than ten years in public administration, public finance, education, public health, or any other area relating to the functions of the local government.
from The News International - National http://bit.ly/2W5KJmB
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