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ZILA COUNCIL
37. Composition of Zila Council.- (1) A Zila Council shall consist
of all Union Nazims in the district and following members elected on
the reserved seats namely:-
(i) such number of women so as to represent thirty-three percent of
the total number of the Unions in the district;
(ii) such number of peasants and workers so as to represent five
percent of the total number of the Unions in the district, subject
to a minimum of one seat; and
(iii) such number of persons from minority communities so as to
represent five percent of the total number of the Unions in the
district, subject to a minimum of one seat.
(2) If, in calculating a percentage for the purposes of sub-section
(1), the number of reserved seats does not come out to be a whole
number and such number is-
(a) less than one-half, the number shall be rounded down to the next
lower number; or
(b) one-half or more, the number shall be rounded up to the next
higher number.
38. Secretariat of the Council.- The Zila Council shall have its
Secretariat under the Naib Zila Nazim and shall have a separate
budget allocation.
39. Functions and powers of Zila Council.- The functions and powers
of a Zila Council shall be to-
(a) approve bye-laws proposed by the District Government under this
Ordinance;
1[(b) approve taxes proposed by the District Government on the
subjects specified in Part-I of the Second Schedule, or in case of a
City District, on subjects specified in Part-II of the Second
Schedule.]
(c) approve long term and short term development plans, annual and
supplementary budgetary proposals of the District Government and,
where required, intra-district fiscal transfers;
(d) approve annual budget of the Zila Council;
(e) elect committees of the Zila Council for monitoring the
performance of the District Government;
(f) ensure the Monitoring Committees of the Zila Council perform
their functions in a non-intrusive manner without interfering in the
day to day working of the relevant offices of the District
Government and do not assume a command and control role;
(g) review the Monitoring Committees’ quarterly reports on the
performance of the District Government;
(h) elect an Ethics Committee (Code of Conduct Committee) which
shall be responsible for enforcing the code of ethics for regulating
the conduct of the members of the Zila Council;
(i) elect an Insaf Committee which shall facilitate access of the
people to the Member Inspection Team of the High Court for
redressing their grievances;
(j) elect a Sports and Culture Committee which shall promote sports
and cultural events in the district and youth participation in
healthy pursuits;
(k) elect the members of the Zila Council for representation in the
District Public Safety Commission;
(l) elect a Zila Accounts Committee;
(m) constitute Farm Produce Market Committee under the relevant law;
(n) approve the proposals of the District Government for changes in
the number of posts of officials and employees of the decentralised
offices of District Administration and Taluka Municipal
Administration and Town Municipal Administration as part of the
budget statement;
(o) approve posts for the office staff of Zila Nazim and staff of
Zila Council subject to the restriction imposed under sub-section
(11) of section 109:
Provided that no post of advisor, special assistant, press or
political secretary to the Zila Nazim shall be sanctioned or
approved:
(p) make recommendations to the District Government for enhancement
of the care of disabled persons, paupers, aged, sick, persons of
unsound mind, abandoned minors, juvenile delinquents, drug
dependants, abused children, needy and disadvantaged persons;
(q) authorise Zila Nazim, Naib Zila Nazim, Taluka Nazim, Naib Taluka
Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union Nazim
and members of the Councils to receive honorarium, travelling and
daily allowances from respective local funds:
Provided that the honorarium and rates of travelling and daily
allowances shall be fixed with the approval of the Government and
any change thereof authorised by the Zila Council shall be
applicable to the succeeding Nazims, Naib Nazims and members of the
Councils:
Provided further that the claims for travelling and daily allowances
of Naib Zila Nazims shall be sanctioned by the Zila Nazim;
(r) review the performance reports of the District Government
presented by Zila Nazim;
(s) review the audit reports of the Zila Accounts Committee;
(t) review measures for flood relief, and storm water drainage; and
(u) require the District Government to undertake measures for good
governance and improvement in the delivery of services.
40. Functions of Zila Council in a City District: - In addition to
the functions specified in section 39, the Zila Council in a City
District shall perform the following functions, namely:-
(a) approve master plans, zoning, land use plans, including
classification and reclassification of land, environment control,
urban design, urban renewal and ecological balances;
(b) review implementation of rules and bye-laws governing land use,
housing, markets, zoning, environment, roads, traffic, tax,
infrastructure and public utilities;
(c) approve proposals of the District Government for public
transport and mass transit systems, construction of express-ways,
fly-overs, bridges, roads, under passes, and inter-town streets;
(d) approve development schemes for beautification of areas along
rivers, beaches and sea sides; and
(e) review development of integrated system of water reservoirs,
water sources, treatment plants, drainage, liquid and solid waste
disposal, sanitation and other municipal services.
41. Zila Council to approve certain plans for towns.- In the case of
a town in a City District, the Zila Council shall perform the
functions of approval of such macro municipal plans as may be
notified by the City District Government.
42. Conduct of the business of Zila Council.- (1) The Zila Council
shall regulate its business in accordance with the by-laws made by
it.
(2) The Zila Council shall meet at least once in every month and
shall be in session for at least fifty accumulated days in a year.
(3) Save as otherwise provided, decisions of the Zila Council shall
be taken by resolutions passed by a simple majority of the members
present and voting and a copy of each resolution shall be
transmitted to the Local Government Commission.
(4) The Naib Zila Nazim shall be the Convener of the Zila Council
and shall preside its meetings.
(5) In its first session, the Zila Council shall elect a panel of
presiding officers, in order of precedence, of not less than three
members who shall, in the absence of, or in the case where a motion
for recall of Naib Zila Nazim has been moved, preside over the
meetings of the Zila Council.
(6) The quorum of the meetings of the Zila Council shall be
fifty-one percent of its total membership.
(7) The meetings of the Zila Council shall be open to public, unless
the Council, by a resolution, decides to hold any meeting in camera.
(8) The minutes of the meetings of Zila Council shall be recorded
and maintained by the Secretariat of the Zila Council.
43. Address of Zila Nazim.- (1) At the commencement of first session
of the Zila Council after its election and on commencement of first
session of every year, the Zila Nazim shall address the Zila Council
and shall inform the Council of his plans and programmes for the
said year and, as the case may be, the performance of the District
Government during the preceding year.
(2) Notwithstanding anything contained in sub-section (1), the Zila
Nazim may address the Zila Council, whenever he may deem necessary,
to associate the Zila Council in the functioning of the District
Government.
44. Joint Committee of Councils.- The Zila Council may, with the
consent of Taluka Councils or Union Councils set up joint committees
of the Councils for deliberation of matters in which such Councils
may be jointly interested and may delegate to such joint committees
any power which may be exercised by them, including the power to
make bye-laws for their functioning.
45. Setting aside a resolution of Zila Council.- (1) On a motion
initiated by the Government, the Provincial Assembly may, by a
resolution stating the grounds thereof passed by simple majority of
its total membership, set aside a resolution of the Zila Council, if
it considers the same to be against the interest of the people or
public policy.
(2) The result of the resolution of the Provincial Assembly referred
to in sub-section (1) shall be notified by the Government in the
official Gazette.
46. Resignation of Naib Zila Nazim.- The Naib Zila Nazim may resign
from office by tendering resignation in writing addressed to the
Zila Nazim.
47. Recall of a Naib Zila Nazim.- (1) If in the opinion of a member
of Zila Council, there is a reason to believe that the Naib Zila
Nazim is acting against the public policy or the interest of the
people, or for any other reason, he may, seconded by another member
of the Council, give a notice to move a motion in the Zila Council
through its senior-most presiding officer for recall of Naib Zila
Nazim.
(2) On receipt of notice referred to in sub-section (1), the
senior-most presiding officer in the panel referred to in
sub-section (5) of section 42 shall summon a session of Zila Council
not earlier than three days or 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 receipts in the Zila Council Secretariat.
(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 members
of the Union Councils in the district present and voting, the Naib
Zila Nazim shall cease to hold office from the date of notification
to be 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 Naib Zila Nazim shall have the right to appear before the
Zila Council and address it in his defence.
(8) No motion for recall of Naib Zila Nazim shall be moved during
the first six months of assumption of office of Naib Zila Nazim nor
shall such motion be repeated before the expiry of one year from the
rejection of previous motion.
48. Power of Zila Council to elect officiating Zila Nazim.- (1) In
case the office of Zila Nazim falls vacant by reason of his death,
resignation or removal, the Zila Council shall elect one of its
members to be the officiating Zila Nazim till a new Zila Nazim is
elected under the provisions of section 156:
Provided that Naib Zila Nazim shall convene the meeting of the Zila
Council for the election of officiating Zila Nazim within ten days
from the death, resignation or removal of Zila Nazim, as the case
may be:
Provided further that the officiating Nazim shall not be a candidate
for the office of Zila Nazim in the election for Zila Nazim.
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