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DISTRICT GOVERNMENT
13. Composition of District Government.- (1) The District Government
shall consist of Zila Nazim and District *Administration.
(2) The District Government shall be competent to acquire, hold or
transfer any property, movable and immovable, to enter into contract
and to sue or be sued in its name, through District Coordination
Officer.
14. Decentralised offices and grouping of offices.- (1) On the
commencement of this Ordinance, the administrative and financial
authority for the management of the offices of the Government
specified in Part-A of the First Schedule set up in a district shall
stand decentralised to the District Government of that district:
Provided that where there is no office of the Government in a
district specified in Part-A of the First Schedule and the
Government sets up an office on a subsequent date, such office shall
be decentralised to the District Government from that date:
(2) Where in a district, there is no office specified in Part-B of
the First Schedule, the Government shall set up such offices and
post officers and staff in such offices.
(3) The offices decentralised to the District Governments and
offices set up by the Government shall be grouped in various groups
specified in Part-C of the First Schedule:
Provided that the Government may, for the reason of non-existence of
any office or offices specified in the First Schedule in a district,
in consultation with the District Government of such district, vary
or amalgamate the grouping of offices for efficiency and
effectiveness by notification in the official Gazette:
Provided further that the number of groups of offices shall not
exceed the number of groups specified in Part-C of the First
Schedule.
15. Entrustment of certain decentralised offices to Taluka Municipal
Administration.- Subject to section 14 and section 52, on
commencement of this Ordinance, the administrative and financial
management of the offices of Local Government and Rural Development
Department, Public Health Engineering Department and Housing and
Physical Planning Department which were providing services at the
regional, zonal, circle, divisional, district and Taluka levels
shall stand entrusted to respective Taluka Municipal Administration
or Town Municipal Administration, as the case may be, alongwith the
employees working in such offices:
Provided that the Government may direct for retention of certain
components of Housing and Physical Planning Department with the
District Government alongwith the officers and members of staff
working therein.
16. Authority and responsibility of District Government.- (1) The
authority of the District Government shall comprise the 1[operation]
management and control of offices of the departments which are
decentralised to it or may be set up under this Ordinance, provided
that the District Government shall exercise such authority within
the district in accordance with the general policy of the
Government.
(2) Every order in the District Government shall be expressed to be
made in the name of the District Government and shall be executed by
an officer or authority of the District Government duly authorized.
(3) The District Government shall be responsible to the people and
the Government for improvement of governance and delivery of
services within the ambit of the authority decentralised to it under
this Ordinance.
17. The Zila Nazim.- (1) Zila Nazim shall head the District
Government and perform such functions and exercise such powers as
have been assigned to him under this Ordinance and be assisted by
the District Coordination Officer.
(2) The Zila Nazim shall ensure that the business of the District
Government is carried out in accordance with the provisions of this
Ordinance and other laws for the time being in force.
18. Functions and powers of the Zila Nazim.- (1) The functions and
powers of the Zila Nazim shall be to-
(a) provide vision for the district-wide development, leadership and
direction for efficient functioning of the District Government;
(b) develop with the assistance of the District Administration
strategies and timeframe for accomplishment of the relevant goals
approved by the Zila Council;
(c) perform functions relating to law and order in the district;
(d) ensure implementation of the functions decentralised to the
District Government;
(e) oversee formulation and execution of the annual development
plan, delivery of services and functioning of the District
Government;
(f) present proposal to the Zila Council for approval of budget for
District Government, Zila Council and intra-district fiscal
transfers;
(g) maintain administrative and financial discipline in the District
Government;
(h) present tax proposals to the Zila Council;
(i) present report on the performance of the District Government in
person to the Zila Council at least twice a year;
(j) preside over the meetings of the Zila Mushawarat Committee;
(k) take charge, organise and prepare for relief activities in
disasters or natural calamities;
(l) authorise officers of the District Government to sign documents
on its behalf;
(m) initiate inspections of Taluka Municipal Administration, Town
Municipal Administration and Union Administration in the district
pursuant to section 135;
(n) establish and supervise the working of the Internal Audit
Office;
(o) issue executive orders to the District Coordination Officer and
Executive District Officers for discharge of the functions
decentralised to the District Government;
(p) to represent District Government on public and ceremonial
occasions; and
(q) perform any other function as may be assigned to him by the
Government.
(2) The Zila Nazim shall not employ any advisor, special assistant
or a political secretary other than support staff allocated to his
office from amongst the officials available in the district:
19. Right of the Zila Nazim to take part in Council’s meetings.- The
Zila Nazim shall have the right to speak and otherwise take part in
the proceedings of the Zila Council, but shall not be entitled to
vote.
20. Personal responsibility of Zila Nazim.- (1) The Zila Nazim shall
be personally responsible for any loss, financial or otherwise,
flowing from the decisions made by him personally or under his
directions in violation of any provisions of this Ordinance or any
other law for the time being in force and for any expenditure
incurred without lawful authority.
21. Resignation of Zila Nazim.- The Zila Nazim may resign from
office by tendering resignation in writing addressed to the Chief
Executive of the Province.
22. Vacancy in the Office of Zila Nazim.- (1) In case the office of
Zila Nazim falls vacant for reason of his death, resignation,
removal or suspension or, where in the opinion of the Zila Council,
he has become incapable to perform his functions on account of
mental or physical incapacity, the Naib Zila Nazim shall act as Zila
Nazim till an officiating Nazim is appointed under sub-section (6)
of section 156 or a new Zila Nazim is elected under sub-section (5)
of that section:
Provided that the officiating Zila Nazim shall not be a candidate in
the election for Zila Nazim.
(2) Where a Zila Nazim is unable to perform his functions for reason
of his temporary absence, he may authorise Naib Zila Nazim, in
writing, to act on his behalf till he resumes his duties.
23. External recall of Zila Nazim.- (1) If in the opinion of the
Chief Executive of the Province, the continuance in office of a Zila
Nazim is against the public policy or interest of the people or he
is guilty of misconduct, the Chief Executive of the Province may
move a motion in the Provincial Assembly stating the grounds for the
recall of Zila Nazim.
(2) Where the motion referred to in sub-section (1) is approved
through a resolution passed by a simple majority of total membership
of the Provincial Assembly, the Zila Nazim shall cease to hold
office immediately on passing of such resolution:
Provided that the Zila Nazim shall be provided an opportunity of
being heard by the Provincial Assembly.
(3) The result of the approval of the resolution of the Provincial
Assembly referred to in sub-section (1) shall be notified by the
Government in the official Gazette.
(4) Nothing contained in sub-sections (1) and (2) shall affect the
provisions of section 161 in respect of removal of Zila Nazim by the
Chief Election Commissioner.
24. Internal recall of a Zila Nazim.- (1) If in the opinion of a
member of the Zila Council, there is a reason to believe that the
Zila Nazim is acting against the public policy or the interest of
the people or is negligent or is responsible for loss of opportunity
for improvement in governance and service delivery to the people
within the ambit of his responsibilities, he may, seconded by
another member of the Council, give notice to move a motion in the
Zila Council through Naib Zila Nazim for recall of the Zila Nazim.
(2) On receipt of notice referred to in sub-section (1), the Naib
Zila Nazim shall summon a session of Zila Council not earlier than
three days but not later than seven days, if the Zila Council is not
already in session.
(3) Where the Zila Council is already in session, the motion
referred to in sub-section (1) shall be taken up for deliberations
on the next day from its receipt by the Naib Zila Nazim;
(4) If the motion referred to in sub-section (1) is approved by
majority of the votes of its total membership through a secret
ballot, the Election Authority shall cause a vote to be cast by the
members of Union Councils in the district.
(5) Where the motion is approved by simple majority of the total
number of members of the Union Councils in the district, the Zila
Nazim shall cease to hold office from the date of notification
issued in this behalf by the Election Authority.
(6) Where the motion fails in the Zila Council, the proposer and
seconder of such motion shall lose their seats both as Union Nazims
and members of Zila Council.
(7) The Zila Nazim shall have the right to appear before the Zila
Council and address it in his defence before approval or rejection
of motion referred to in sub-section (5).
(8) No motion for recall of Zila Nazim shall be moved during the
first six months of assumption of office of Zila Nazim nor shall
such motion be repeated before the expiry of twelve months from the
rejection of previous motion.
Explanation.- for the purpose of this section and other provisions
of the Ordinance, the expression "Election Authority" shall mean the
authority nominated by Government for causing voting of the members
of Union Councils, Village Councils, Neighbourhood Councils,
whenever so required for recall of Zila Nazim, Taluka Nazim, Town
Nazim or, as the case may be, Union Nazim.
25. Setting aside an order of Zila Nazim by Chief Executive of the
Province.- (1) The Local Government Commission may, on its own
accord or on receipt of an information or on an application, take
notice of an order or decision of general application passed by a
Zila Nazim and recommend to the Chief Executive of the Province for
its quashment, if in the opinion of the Commission such order or
decision of the Zila Nazim is against the public policy or interest
of the people:
Provided that the Zila Nazim may be given an opportunity of being
heard before making recommendation to the Chief Executive of the
Province.
(2) The quashment of the order or decision referred to in
sub-section (1) shall be notified by the Local Government Commission
in the official gazette.
26. Structure of District Administration.- The District
Administration shall comprise the district offices, including
sub-offices of the Departments of the Government decentralised to
the District Government and other offices set up by the 1[ ]
Government and grouped under the Executive District Officers and
coordinated by the District Coordination Officer.
27. Heads of offices and groups.- (1) The District Coordination
Group of Offices shall be headed by the District Coordination
Officer.
(2) A group of offices, other than the District Coordination Group
of Offices, shall be headed by an Executive District Officer.
(3) The District Officers shall head the district offices.
(4) The Government shall setup sub-offices of the offices
decentralised to district government in every Taluka or town in a
city district depending upon the needs of such Taluka or, as the
case may be, town for such sub-office:
Provided that where any sub-office exists or is set up in a Taluka
or town in a City District the Deputy District Officer shall head
such sub-office.
28. District Coordination Officer.- In every district, the
Government shall appoint a District Coordination Officer who shall
be a civil servant of the Federation or of the Province, as far as
possible in Basic Scale 20:
Provided that in a City District, the District Coordination Officer
may be a civil servant of the Federation or Province in Basic Scale
21.
(2) The District Coordination Officer shall be coordinating head of
the District Administration and shall-
(a) ensure that the business of the District Coordination Group of
Offices is carried out in accordance with the laws for the time
being in force;
(b) co-ordinate the activities of the groups of offices for coherent
planning, synergistic development, effective and efficient
functioning of the District Administration;
(c) exercise general supervision over programmes, projects,
services, and activities of the District Administration;
(d) coordinate flow of information required by the Zila Council for
performance of its functions under this Ordinance;
(e) act as Principal Accounting Officer of 1[a City District
2[Government]2 or, as the case may be, the District Government]1 and
be responsible to the Public Accounts Committee of the Provincial
Assembly;
(f) act and perform functions of Collector under sections 54, 68,
70(2), 71, 72, 92, 93, rule 18 of Order XXI, Order XL and for
similar other provisions of the Code of Civil Procedure, 1908(Act V
of 1908);
(g) assist the Zila Nazim in accomplishment of administrative and
financial discipline and efficiency in the discharge of the
functions assigned to District Administration;
(h) prepare a report on the implementation of development plans of
the District Government for presentation to the Zila Council in its
annual budget session; and
(i) initiate the performance evaluation reports of the Executive
District Officers and shall be countersigning officer of such
reports of the District Officers initiated by the Executive District
Officers.
Explanation.- For the purpose of this section, the expression
‘coordinating head’ means the authority to call for review and
assess the performance of the groups of offices, individually or
collectively, and give directions for taking actions or measures for
improving efficiency, service delivery and achievement of goals
assigned in the approved plans of the District Government.
(3) Where in the opinion of a District Coordination Officer an order
of the Zila Nazim is motivated or unlawful, he may seek recourse in
writing to the Local Government Commission with a copy thereof to
the Zila Nazim, and the decision of the Commission in the matter
shall be final and binding.
29. Functions and powers of Executive District Officer.- The
functions and powers of the Executive District Officer shall be to-
(a) ensure that the business of the group of offices under his
administrative control is carried out in accordance with law and the
rules and the human and material resources placed at his disposal
are optimally utilised to improve governance;
(b) co-ordinate and supervise the activities of the offices and
ensure efficient service delivery by the functionaries under his
administrative control;
(c) supply information to the Monitoring Committees of the Zila
Council and Union Councils;
(d) take appropriate corrective actions based on the information
received from Monitoring Committees;
(e) enforce relevant Federal, Provincial laws and rules, including
tax laws;
(f) prepare development plans and propose budgetary allocations for
their execution;
(g) implement approved plans and policies;
(h) authorise disbursement of performance bonuses to the employees;
(i) prepare proposals for expenditures necessary for the proper
conduct of programs, projects, services, and other activities;
(j) propose relevant bye laws on service delivery to the District
Coordination Officer; and
(k) act as Departmental Accounting Officer for his respective group
of offices and be responsible to the District Accounts Committee of
the Zila Council.
30. District administration working.- (1) In matters of policy and
important decisions, the District Coordination Officer shall obtain
approval of Zila Nazim before communicating such matters and
decisions to the Government.
(2) The Government shall appoint all officers and officials to the
district offices, groups of offices or other offices in the district
specified in the First Schedule.
(3) The tenure of posting of an officer or official of the
Government to a District Government shall, ordinarily, be three
years.
(4) Where the performance of a District Co-ordination Officer is not
satisfactory, the Zila Nazim may request the Government for his
transfer in writing, with a copy to the District Coordination
Officer, stating reasons therefor and the Government shall accede to
the request of the Zila Nazim within seven days and the Government
may refer the matter to the Local Government Commission.
(5) The Local Government Commission shall inquire into the matter
referred to in sub-section (4) and place the findings and
recommendations before the Chief Executive of the Province for such
action as he may deem necessary.
(6) Where the performance of an Executive District Officer is not
satisfactory, the Zila Nazim may, in consultation with the District
Coordination Officer, request the Government to transfer such
officer from the district stating reasons therefor.
31. Rules of Business for disposal of work.- For smooth and
efficient disposal of official work, the Government shall make
District Government Rules of Business.
32. Assignment of work to Taluka Municipal Administration.- A
District Government may assign any of its functions to a Taluka
Municipal Administration or Union Administration, on such terms and
conditions as may mutually be agreed:
Provided that 1[Primary] responsibility for discharge of such
function shall continue to vest with the 1[District Government:]
Provided further that no function or responsibility shall be
transferred without allocation of corresponding resources and funds.
33. Disposal of Government’s work.- The District Government may,
subject to provision of funds by the Government, but without
recourse to additional or enhanced taxation, charge, fees or any
other source of public funds and without incurring any debt
undertake any of the functions of the Government as may be mutually
agreed.
34. Performance evaluation.-The annual performance reports of the
officers posted in the district shall be initiated by-
(a) the Zila Nazim in respect of the District Co-ordination Officer:
Provided that the first countersigning officer shall be the Chief
Secretary, and the Chief Minister shall be the second countersigning
authority;
(b) the Zila Nazim in respect of the officer in-charge of district
police concerning the maintenance of law and order in the district:
Provided that the first countersigning officer shall be the
Inspector General of Police and Chief Executive of the Province
shall be the second countersigning officer;
(c) the District Co-ordination Officer in respect of the Executive
District Officers and Zila Nazim shall be the countersigning
officer;
(d) the Executive District Officer in respect of the District
Officers:
Provided that the District Coordination Officer shall be the
countersigning Officer and head of the concerned department of the
Government shall be the Technical Reporting Officer; and
(e) the District Officer in respect of the Deputy District Officers
and the Executive District Officers shall be the countersigning
officer.
35. Offices of the City District.- Subject to any variation, the
Government may, in addition to the offices specified in section 14,
set up other offices and groups of offices specified in Part-D of
the First Schedule in a City District.
36. Integrated management of services in City District.- On creation
of a City District under section 8, the organizations and
authorities providing municipal services and facilities and the
offices decentralised or set up in a Taluka or Talukas or districts
notified to be City District shall come under the administrative and
financial control of the City District Government.
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