|
MANAGING TRANSITION
180. 1[(1)] Succession of the properties, assets and liabilities.-
Subject to section 123, on commencement of this Ordinance, the
properties, assets and liabilities of the Local Councils, namely,
Metropolitan Corporations, Municipal Corporations, District
Councils, Municipal Committees, Town Committees, Union Councils
under the Sindh Local Government Ordinance, 1979 (XII of 1979),
shall be succeeded by the following local governments under this
Ordinance: -
(a) City District Government in the case of Metropolitan Corporation
or Municipal Corporation in the concerned City District, as the case
may be;
(b) District Government in the case of District Council;
(c) Taluka Municipal Administration in the case of Municipal
Corporations, Municipal Committees and Town Committees in the
Taluka, as the case may be; and
(d) Union Administration in the case of Union Councils:
Provided that the liabilities of the predecessor local governments
shall be discharged in accordance with the existing arrangements:
Provided further that the discharge of liabilities of the
decentralised offices shall remain with the Government.
1[(2) The funds of a Metropolitan corporation, Municipal
Corporation, Zila Council, Municipal Committee, Town Committee and
Union Council shall be transferred to a Local Government as its
successor under sub-section (1) above.]
181. First Nazims and Councils.- (1) The first local governments
under this Ordinance shall be established on the 14th day of August,
2001.
(2) The Zila Nazims shall assume the office of the head of
respective District Governments under this Ordinance on the 14th day
of August, 2001, and the Government shall issue notification of the
assumption of their office.
(3) The Taluka Nazims and Town Nazims shall assume the office of the
head of Taluka Municipal Administration and Town Municipal
Administration, as the case may be, under this Ordinance on the 14th
day of August, 2001, and the Government shall issue notification of
the assumption of their offices.
(4) The Union Nazims shall assume the office of the head of the
Union Administration under this Ordinance on the 14th day of August,
2001, and the Government shall issue notification of the assumption
of their offices.
(5) The Government shall make arrangements of accommodation for the
offices of the local governments and, as far as possible, for that
purpose the existing infrastructure shall be utilized.
1[181-A. Internal Recall of Nazim. - Notwithstanding anything
contained in sections 24, 63 and 85 an internal recall motion shall
not be moved in the case of Taluka Nazim, Town Nazim or Union Nazim
before the 31st December, 2002 and in the case of Zila Nazim before
the 30th June, 2003.]
182. Administrative Transition.- (1) On coming into force of this
Ordinance, any office, authority or municipal body set up or
controlled by the Government shall continue providing services
without any interruption during the decentralization process or its
entrustment to any local government under this Ordinance.
(2) All functionaries of the Metropolitan Corporations, Municipal
Corporations, Zila Councils, Municipal Committees, Town Committees
and Union Councils set up under the Sindh Local Government
Ordinance, 1979 (XII of 1979), shall continue to perform their
respective duties and responsibilities with the successor local
government under this Ordinance, until transferred to any other
local government.
(3) Subject to the provisions of sub-sections (1) and (2), the
control of the development authorities, water and sanitation
agencies and solid waste management bodies shall vest in the
following local governments-:
Authority/Agency Local Government
(a) Development
Authorities, *Water
and Sanitation
Agencies or Boards,
and Solid Waste
Management
Bodies;
City District Government
(b) Development
Authorities District Government
(c) Water and Sanitation Agencies /Boards and Solid Waste and
Management Bodies. District Government
(4) The Government shall commence closing down the operations of
divisional offices and, where applicable, regional, circle and zonal
offices on the coming into force of this Ordinance, provided that
such offices shall cease to function on 31st day of December, 2001.
(5) The Government shall, on the commencement of this Ordinance,
decentralise administrative, financial and appellate powers of the
divisional, regional and zonal officers to the Deputy District
Officers, District Officers, Executive District Officers and
District Coordination Officers, as the case may be.
(6) The District Governments shall appropriately re-organize the
authorities, agencies and bodies referred to in sub-section (3) and
decentralise such authorities, agencies and bodies to the Taluka
Municipal Administration or, as the case may be, Town Municipal
Administration in accordance with section 52.
183. Employees salaries not to be reduced on transfer, etc.- (1) On
allocation, re-allocation or transfer of the employees of the
Government, Metropolitan, Corporations, Municipal Corporations,
District Councils, Municipal Committees, Town Committees and Union
Councils or any other authority, agency or body to any local
government established under this Ordinance, the salaries,
emoluments and pensions of such employees shall not be reduced on
such allocation, re-allocation or transfer.
(2) The Government shall ensure the payment of salaries, emoluments
and pensions of the employees referred to in sub-section (1),
including the employees of the Local Council Service and the
servants of Local Councils set up under the Sindh Local Government
Ordinance, 1979 (XII of 1979) during the financial year 2001-2002 or
till such time as Government may deem appropriate.
184. Bar on recruitments.- (1) During the transition period
specified in section 187 and till the adjustment for optimal
utilization of all employees of the Government, Local Council
Service and Servants of Local Councils, no fresh recruitment shall
be made to fill any vacancy in the local governments set up under
this Ordinance, except with the express sanction of the Government;
(2) The Government shall make available the services of the
employees placed in its surplus pool for utilization in the offices
decentralised to the District Government, Taluka Municipal
Administration, Town Municipal Administration and Union
Administration.
(3) The local governments shall utilize the services of the
employees of the Local Councils set up under the repealed Sindh
Local Government Ordinance, 1979 ( XII of 1979) for meeting the
shortfall in the offices of the Zila Councils, Zila Nazims, Taluka
Councils, Taluka Municipal Administrations, Town Councils, Town
Municipal Administrations, Taluka Nazims, Town Nazims and Union
Administrations.
185. Financial transition.- (1) All taxes, cess, fees, rates, rents,
tolls and charges which were being charged, levied and collected by
any office of the Government, development authority, water and
sanitation agency, board or solid waste management body or any Local
Council, shall continue to be charged, levied and collected under
this Ordinance by the successor local governments and every person
liable to pay such taxes, cess, fees, rates, rents, tolls, charges
and accumulated arrears and receivables shall continue to make
payment thereof until revised, withdrawn or varied under this
Ordinance.
(2) Where any Local Council established under the repealed Sindh
Local Government Ordinance, 1979 ( XII of 1979), was receiving any
grant or any compensation in lieu of octroi, toll tax, export tax,
or any other tax, the successor local government under this
Ordinance shall continue to receive such grant or compensation.
1[(3) Notwithstanding anything contained in sections 109 and 119,
for the fiscal year 2001-2002, the local governments may not set
apart fifty percent of the development budget for utilization
specified therein:
Provided that the development schemes proposed by the Citizen
Community Boards shall be given priority and included in the budget
presented to the Councils for approval.]
186. Electoral Transition.- (1) Notwithstanding anything contained
herein before, the first Zila Councils, Taluka Councils, Town
Councils and Union Councils constituted under this Ordinance shall
be deemed to be validly constituted if sixty percent seats thereof
are filled in the elections held under the Sindh Local Government
Elections Ordinance, 2000 ( X of 2000).
1[(1-A). Where local councils has been validly constituted under
sub-section (1), but seats of Nazim and Naib Nazim of the
corresponding level have not been filled, the concerned council
shall elect officiating Nazim and Naib Nazim from amongst its
members until their seats are filled through by election.]
(2) In any local area in which this Ordinance is in force but a
relevant local government is not validly constituted due to a
natural calamity or conditions beyond human control, the Government,
may empower any person or persons to perform all or any of the
functions of that local government under this Ordinance till the
elected government assumes the charge of the office.
187. Transitional timeframe.- All actions required for giving effect
to the provisions of this Ordinance and transition to the local
government systems set up thereunder shall be completed by the 30th
day of June, 2002.
|
