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MISCELLANEOUS
188. Complaint Cell.- Every District Government, Taluka Municipal
Administration, Town Municipal Administration and Union
Administration shall set up a complaint cell for redressal of
grievances within the ambit of their responsibilities under this
Ordinance.
189. Training.- The Nazims, Naib Nazims and members of the Councils
shall attend training courses for such periods and in such manner
and at such places as may be prescribed by the Government from time
to time.
190. Appeals.- Any person aggrieved by any order passed by a local
government or its functionaries, in pursuance of this Ordinance or
the rules or bye-laws made thereunder may appeal to such authority,
in such manner and within such period as may be prescribed.
191. Rules.- (1) The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the
fore-going power, such rules may provide for all or any of the
matters specified in Part-I of Fifth Schedule.
(3) The rules made under sub-section (1) shall be subject to
previous publication in the official Gazette and shall meet the
following considerations:-
(a) consistency with democratic decentralisation and subsidiarity;
(b) enhancement of welfare of the people;
(c) fairness and clarity; and
(d) natural justice and due process of law.
192. Bye-laws.- (1) A Zila Council, Taluka Council, Town Council and
Union Council may, in their ambit of responsibilities, make bye-laws
to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the
fore-going power, such bye-laws may provide for all or any of the
matters specified in Part-II of the Fifth Schedule.
193. Members and servants to be public servants.- All Nazims, Naib
Nazims, members of the Councils, functionaries of the local
government and every other person duly authorised to act on behalf
of the local governments shall be public servants within the
meanings of section 21 of the Pakistan Penal Code (Act XIV of 1860).
1[193-A. Delegation of Powers. A Nazim may delegate any of his
powers (including financial powers) under this Ordinance or rules or
bye laws to any of its officer fully or partly and subject to such
restrictions or conditions as he may deem fit after approval by the
Council.].
194. Action taken in good faith.- No suit, prosecution, or other
legal proceedings shall lie against any public servant serving in
local governments for anything done in good faith under this
Ordinance.
195. General powers of local governments.- (1) Notwithstanding any
specific provisions, every local government, the Village Council and
Neighbourhood Council shall perform functions conferred by or under
this Ordinance and in performance of such functions shall exercise
such powers which are 1[necessary and appropriate] ancillary and
incidental thereto.
(2) Until different provisions, rules or bye-laws are made, the
respective local governments shall exercise such powers as are
specified in the Sixth Schedule.
196. Repeal and Savings.- (1) On commencement of this Ordinance,-
(i) the Sindh Local Government Ordinance, 1979 (XII of 1979), shall
be repealed;
(ii) the Sindh Local Government Elections Ordinance, 2000 ( X of
2000), shall be repealed; and
(iii) all Metropolitan Corporation, Municipal Corporations, District
Councils, Municipal Committees, Town Committees and Union Councils
created under the Sindh Local Government Ordinance, 1979 ( XII of
1979) shall stand dissolved.
1[(2) Save as otherwise specially provided, nothing in the
Ordinance, or any repeal effected thereby, shall affect or be deemed
to affect anything done, action taken, investigation or proceedings
commenced, order, rule, regulation, appointment, conveyance,
mortgage, deed, document or agreement made, fee levied, resolution
passed, direction given, proceedings taken or instrument executed or
issued, under or in pursuance of any law repealed or amended by this
Ordinance and any such thing, action, investigation, proceedings,
order, rule, regulation, appointment, conveyance, mortgage, deed,
document, agreement, fee, resolution, direction, proceedings or
instrument shall, if in force at the commencement of this Ordinance
and not inconsistent with any of the provisions of this Ordinance,
continue to be in force, and have effect as if it were respectively
done, taken, commenced, made, directed, passed, given, executed or
issued under this Ordinance or the law, as amended by this
Ordinance.
Provided that, until otherwise decided by the Government, the Local
Government Boards established under the Sindh Local Government
Ordinance, 1979 (VI of 1979), for the administration of officers and
officials of the Local council Service shall continue to function.]
(3) Not withstanding the repeal of Sindh Local Government Elections
Ordinance, 2000 (X of 2000), all Nazims, Naib Nazims, and members of
the local governments elected under the said Ordinance shall be
deemed to have been elected under this Ordinance and shall continue
to hold their respective offices till the completion of their terms,
unless earlier removed, resigned or recalled under this Ordinance.
197. Removal of difficulty.- The Government may, by order, provide
for the removal of any difficulty which may arise in giving effect
to the provisions of this Ordinance.
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