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GOVERNMENT - LOCAL GOVERNMENTS RELATIONS
127. Relations of Government with the District Government.- (1) The
District Government shall carry out its decentralised functions in
accordance with the provisions of this Ordinance and the rules made
thereunder.
(2) The District Government shall collect such Provincial tax or
taxes within its local area as the Government may direct and the
District Government shall after the collection of such tax or taxes
deposit the same in the relevant Government account.
(3) The Government may provide guidelines and render advice to the
District Government through the concerned Zila Nazim for achieving
the ends of Government policy and for promoting economic, social and
environmental security of the Province.
128. Directions by Chief Executive of the Province.- (1) The Chief
Executive of the Province may, by himself or through any officer
specifically authorized by him, issue directions to the District
Government through the concerned Zila Nazim for the purpose of-
(a) preventing any grave threat to public peace and order;
(b) handling emergencies and providing relief therefor; and
(c) protection and security of the people and the security and
integrity of the State or any part thereof.
(2) Where the situation demands immediate action and the Zila Nazim
fails to comply with the directions given to him under sub-section
(1), the Chief Executive of the Province may require the Chief
Secretary to direct the Inspector General Police and the District
Coordination Officer concerned to take such actions as the situation
may necessitate.
129. Suspension of Zila Nazim.- (1) Where in the opinion of the
Chief Executive of the Province the Zila Nazim deliberately avoiding
or failing to comply with the directions given by the Chief
Executive of the Province under section 128, the Chief Executive of
the Province may suspend the Zila Nazim.
(2) The suspension of the Zila Nazim under sub-section (1), shall be
subject to ratification by the Provincial Assembly within thirty
days.
(3) If the Provincial Assembly by a simple majority of its total
membership ratifies the suspension of the Zila Nazim, he shall stand
removed from his office:
Provided that the Zila Nazim shall be provided with an opportunity
of being heard by the Provincial Assembly.
(4) If the Provincial Assembly does not ratify the suspension of the
Zila Nazim, the orders of the Chief Executive of the Province shall
cease to have effect.
(5) During the period of suspension of a Zila Nazim, the Naib Zila
Nazim shall act as Zila Nazim in accordance with the provisions of
section 22.
130. Entrustment of certain functions to District Government.- (1)
The Government may require the District Government to perform any
specific task which requires funds beyond its budgetary provisions,
the Government shall provide necessary resources.
(2) The District Government may, with the consent of the Government,
entrust any of its function to the Government.
(3) The Government may, with the agreement of the District
Government, decentralise any of its office other than the offices
decentralised to the District Government under section 15 or entrust
any of its functions to the District Government.
(4) The Government shall provide technical and administrative
support and fiscal resources as may be determined by the Government.
131. Provincial Local Government Commission.- (1) The Government
shall appoint a Provincial Local Government Commission which shall
consist of persons of integrity and good track record of public
service-
(a) the Minister for Local Government shall be the Chairman ;
(b) two members from the civil society, one each nominated by the
leader of the House and leader of the Opposition of the Provincial
Assembly;
(c) two eminently qualified and experienced technocrat members
selected by the Government; and
(d) Secretary, Local Government and Rural Development Department,
shall be ex-officio member and secretary of the Commission.
Provided that in case of equality of vote, the Chairman shall have a
casting vote.
(2) The Provincial Local Government Commission may, for the
performance of its functions, co-opt any official of the Government
for any specific assignment.
(3) The tenure of the 1[ ] and members of the Provincial Local
Government Commission, other than Secretary, Local Government
Department, shall be four years.
(4) The Local Government Department shall provide secretarial
support to the Local Government Commission and the Department shall
render assistance in the functioning of the Commission.
(5) No act or proceedings of the Provincial Local Government
Commission shall be invalid by reason or existence of any vacancy
in, or defect in the constitution of the Commission.
(6) The Government shall provide funds for the Provincial Local
Government Commission in the annual budget.
132. Functions of the Provincial Local Government Commission.-The
functions of the Provincial Local Government Commission shall be as,
otherwise, provided in this Ordinance and, in particular, it shall-
(a) conduct annual and special inspections of the local governments
and submit reports to the Chief Executive of the Province;
(b) conduct, on its own initiative or, whenever, so directed by the
Chief Executive of the Province, an inquiry by itself or through
District Government into any matter concerning a local government;
(c) cause, on its own initiative or, whenever, so directed by the
Chief Executive of the Province, a special audit by itself or direct
a District Government to arrange a special audit, of any local
government;
(d) resolve disputes between any Department of the Government and
District Government or between two District Governments:
Provided that if the Local Government Commission fails to settle the
dispute, the aggrieved party may move the Chief Executive of the
Province for resolution thereof;
(e) enquire into the matters referred to it by the District
Coordination Officer under the provisions of sub-section (3) of
section 28 and by the Government under sub-section (4) of section 30
and give its decision thereon or, as the case may be, make report to
the competent authority; and
(f) submit to the Chief Executive of the Province an annual report
on the over-all performance of the district and Taluka level local
governments.
133. Responsibility of the Provincial Local Government Commission.-
The Provincial Local Government Commission shall be responsible to
the Chief Executive of the Province.
134. Zila Mohtasib.- (1) Without prejudice to the provisions as
contained in the Sindh enactment regarding Provincial Mohtasib, in
every district there shall be a Zila Mohtasib.
(2) The Zila Mohtasib shall redress citizens' complaints against
mal-administration of the holders of public offices in the local
governments within the district.
Explanation.- For the purpose of this section, the expression
'holders of public office' includes all functionaries of the
District Government, Taluka Municipal Administration, Union
Administration, Nazims, Naib Nazims, District Police Officers and
officials, members of the Councils and all officials of the Council.
(3) All holders of public offices shall aid and assist the Zila
Mohtasib in exercise of his functions.
(4) The Zila Mohtasib shall hold office for a term of four years and
shall be eligible for reappointment for a similar term.
(5) The Zila Mohtasib may resign his office by writing under his
hand addressed to the Zila Council through Naib Zila Nazim.
(6) The manner of selection, appointment, removal, terms and
conditions of service, functions, and powers of the Zila Mohtasib
and procedures relating thereto shall be as given in the Third
Schedule.
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