GOVERNMENT
OF SINDH
PROVINCIAL
TRANSITION WING
LOCAL
GOVERNMENT DEPARTMENT
Karachi
dated, the 12th June, 2002
NOTIFICATION
No. LGD/PTW/LEGIS-III/2002/: With reference to the Provincial Transition Wing, Local Government, Public Health Engineering, Rural Development and Katchi Abadis Department's notification No. LGD/PTW/LEGIS-III/2002/1037 dated 31st May, 2002 and in exercise of the powers conferred by Section 191 of the Sindh Local Government Ordinance, 2001, the Government of Sindh is pleased to make the following rules :-
PART A –
GENERAL
1. Title and Commencement :– (1)
These rules may be called the Sindh Taluka Municipal Administration Rules of
Business, 2002.
(2) They shall come into force at once.
2. Definitions : – (1)In these rules, unless the context otherwise requires –
(i)
“business” means all
work done by the Taluka Municipal Administration in pursuance of the provisions
of the Ordinance or these Rules;
(ii)
“case” means a
particular matter under consideration and includes all papers relating to it
and necessary to enable the matter to be disposed of, viz., correspondence and notes and also any previous papers on the
subject or subjects covered by it or connected therewith;
(iii)
"Chief
Officer" means the officer incharge of the establishments providing
municipal services in a former municipal corporation, municipal committee or
town committee area (under the repealed Sindh Local Government Ordinance,
1979);
(iv)
“committee” means a
committee constituted under the
Ordinance or under these Rules;
(v)
“council” means the
Taluka Council of the Taluka;
(vi)
"member" means a member of the
Taluka Council;
(vii)
"Ordinance"
means the Sindh Local Government Ordinance, 2001;
(viii)
"public representative" means an
elected person to any political office;
(ix)
"schedule"
means a schedule to these Rules;
(x)
"Taluka
Municipal Officer" means an officer appointed as such by Government;
(xi)
"Taluka Office”
means offices mentioned in Schedule-I;
(2) All words and expressions used in these
Rules, but not defined, shall, unless the context otherwise requires, have the
same meanings as in the Sindh Local Government Ordinance, 2001.
3. Business
of Taluka Municipal Administration :– (1) The business of the Taluka Municipal Administration
shall be disposed of by the offices of the Taluka Municipal Administration.
(2) Unless varied
and notified by the Government, the
decentralised offices in a Taluka shall continue performing their assigned
functions and provide services to the people within their area of jurisdiction
as they were doing on the commencement day of the Ordinance.
(3) The offices
set up on or after the fourteenth day of August, 2001 shall perform the
functions and provide services as notified by the Government at the time of
creation of such offices.
(4) During the transition period and till the
reconstruction of the civil services, the officers and officials in the Taluka
Municipal Administration may use the new titles and continue to serve in their
pay scales.
4. Heads of offices :– (1)
The Taluka Municipal Officer shall be the coordinating and administrative
officer in-charge of the Taluka Municipal Administration.
(2)
An office of the Taluka Municipal
Administration shall be headed by a Taluka Officer, and a Chief Officer Unit,
by a Chief Officer.
(3) A Taluka Officer and a Chief Officer shall
be responsible for efficient administration and discipline and for the proper
conduct of business assigned to his office and for the due execution of the
sanctioned policy.
(4) In the absence of the Taluka Municipal Officer for any reason, the Taluka Nazim may assign the charge of the post of the Taluka Municipal Officer to any Taluka Officer of the Taluka Municipal Administration:
Provided that the case for posting of a regular Taluka Municipal Officer shall be initiated without any delay.
(5) In
the absence of the Taluka Officer or the Chief Officer, the Taluka Nazim shall,
in consultation with the Taluka Municipal Officer, assign the additional charge
of the post of the Taluka Officer or the Chief Officer to any other Taluka
Officer or the Chief Officer, as the case may be.
5. Distribution
of work among officers in Taluka Municipal Administration :– (1) The distribution of work among the Taluka Officers shall be as under:-
(i)
Taluka Officer
(Municipal Regulations) shall be officer in-charge of the Municipal Regulations
Office and shall be responsible for licensing, management of municipal lands,
estates, properties, facilities and enterprises, enforcement of relevant
municipal laws, rules, regulations and bye-laws; and any other function
entrusted to his office by the Taluka Nazim or Taluka Municipal Officer.
(ii)
Taluka Officer
(Infrastructure and Services) shall be officer in-charge of the Infrastructure
and Services Office and shall be responsible for water supply, sewerage,
drainage, sanitation and solid waste management, roads entrusted to Taluka
Municipal Administration, and streets, street lighting, fire fighting, traffic
engineering, park services and any other function entrusted to his office by
the Taluka Nazim or Taluka Municipal Officer.
(iii)
Taluka Officer
(Planning) shall be officer in-charge of the Planning Office and shall be
responsible for spatial planning and land use control, building control,
coordination of development plans and projects with Union Administration,
Village and Neighbourhood Councils and other local governments and any other
function entrusted to his office by the Taluka Nazim or Taluka Municipal
Officer.
(iv)
Taluka Officer
(Finance) shall be officer in-charge of the Finance Office and shall be
responsible for budget, revenue, accounts and any other function entrusted to
his office by the Taluka Nazim or Taluka Municipal Officer.
(2) Business
shall be allocated to various offices and branches as shown in Schedule-II
(3) The
duty lists of all the officials in Taluka Municipal Administration shall be
prepared and compiled in the form of a booklet by Taluka Municipal Officer for
ready reference. A copy of the same shall be submitted to the Taluka Nazim and
other concerned officers.
(4) The duty lists shall be reviewed by the
Taluka Officer and the Chief Officer on yearly basis for identifying redundant
jobs in the office concerned and issue revised lists if deemed necessary, with
the approval of Taluka Municipal Officer.
(5) The Taluka Officer or the Chief Officer on the basis of the review carried out under sub-rule (4), may recommend reduction of posts or otherwise in the annual budget of his office.
(6) If in the opinion of the Taluka Officer or the Chief Officer, new posts are required in an office under his jurisdiction, he shall submit a detailed justification for creation of such new posts along with the budget proposal.
6. Transaction of business :– (1) No important decision relating to administration of an
office shall be taken except with the approval of the Taluka Nazim.
(2) Decisions taken by the Taluka Nazim shall not
be varied, reversed or infringed without consulting him.
(3) Where
the orders of the Taluka Nazim appear to involve a departure from rules,
regulations or Government policy, the Taluka Municipal Officer shall resubmit
the case to the Taluka Nazim inviting his attention to the relevant rules,
regulations or Government policy.
(4)
Where under sub-rule (3) a case is
submitted to the Taluka Nazim and the Taluka Nazim still deviates from rules,
regulations or Government Policy, the Taluka Municipal Officer shall refer the
matter to Provincial Local Government Commission for decision.
(5)
Subject to sub rule (1), the Taluka
Officer or the Chief Officer shall be responsible for proper implementation of
decisions concerning his office.
7. Functions
and powers of the Taluka Nazim :– (1) The Taluka Nazim shall perform such functions and
exercise such powers as have been assigned to him under the Ordinance and these
Rules.
(2) The
Taluka Nazim shall ensure that the business of the Taluka Municipal
Administration is carried out in accordance with the provisions of the
Ordinance and other laws for the time being in force.
8. Duties and
Functions of the Naib Taluka Nazim :– (1) The Naib Taluka Nazim shall deputize for the Taluka
Nazim in his absence.
(2) In his capacity as convener of the Taluka
Council, he shall provide liaison between the council and the Taluka Nazim.
(3) He shall supervise the working of the
office of the Taluka Council.
(4) He
shall be responsible for the careful observance of rules of Procedure and
Conduct of Meetings in the council.
9. Duties and
Functions of Taluka Municipal Officer :–
(1) The Taluka Municipal Officer shall perform such duties and functions as have
been assigned to him under the Ordinance and these Rules.
(2) In matters of policy and important decisions, the Taluka Municipal Officer shall obtain approval of the Taluka Nazim before communicating such matters and decisions to the Government.
(3) The Taluka Municipal Officer may call for any case or information from any office of the Taluka Municipal Administration.
(4) The Taluka Municipal Officer shall be
responsible for execution of sanctioned policy relating to the Taluka Municipal
Administration.
10. General
Procedure for Disposal of Business :– (1)
Instructions as to the manner of disposal of the business of the Taluka
Municipal Administration shall be issued by the Taluka Municipal Officer with the approval of the Taluka
Nazim.
(2) If any doubt arises as to the office to
which a case properly pertains, the matter shall be referred to the Taluka
Municipal Officer, who shall obtain the orders of Taluka Nazim, if necessary,
and the orders thus passed shall be final.
(3) All orders shall be made in writing.
Where a verbal order is made, the officer receiving the order shall take
appropriate action if the situation so demands and reduce it in writing and, as
soon as may be, show it to the authority making the order for confirmation.
(4) If an administrative order contravenes
any law, rule or policy decision, it shall be the duty of the officer next
below the officer making such order to point it out to the officer making the
order and the latter shall reconsider his decision according to law and refer
the case to the next higher authority, if he is not competent to review his
such order.
(5) If any doubt or dispute arises as to the
interpretation of these Rules, the case shall be referred to the Government
whose decision shall be final.
11. Orders,
Instruments, Agreements and Contracts :– (1)
All executive actions of the Taluka Municipal Administration shall be expressed
to be taken in the name of the Taluka Municipal Administration.
(2) Save
in cases where an officer has been specifically empowered to sign an order or
an instrument of Taluka Municipal Administration, every order or instrument
shall be signed by the Taluka Municipal Officer or the Taluka Officer or the
Chief Officer and such signature shall be deemed to be proper authentication of
such order or instrument.
(3) The Taluka Municipal Officer shall sign
the notifications on behalf of the Taluka Municipal Administration for
publication in the official Gazette.
PART B – OFFICE
PROCEDURE
12. Consultation
among Offices :– (1) When the subject of a case concerns more than one office
–
(a)
The Taluka Officer
concerned or the Chief Officer shall be responsible for consulting the other
offices; and
(b)
No orders shall be
issued nor shall the case be submitted to the Taluka Nazim, until it has been
considered by all the offices concerned:
(2) When a case is referred to by one office
to another office for consultation, all relevant facts and the points
necessitating the reference shall be clearly brought out.
(3) In the event of difference of opinion
amongst the offices, the Taluka Officer or the Chief Officer primarily
concerned shall refer the case to the Executive Committee constituted under
Rule 14.
(4) A
Taluka Officer or a Chief Officer may ask to see a case of another office if it
is required for the disposal of a case pending in his office.
(5) The Taluka Municipal Officer may ask to
see a case of any office involving important policy question.
13. Reference to
the Taluka Nazim :– (1) No order
regarding Taluka Municipal Administration shall be issued without the approval
of the Taluka Nazim in :-
(a)
cases involving
important policy;
(b) cases enumerated in Schedule III.
(2) The Taluka Nazim may require any case to
be submitted to him for information.
14. Executive Committee :- (1)
The Taluka Nazim shall constitute an “Executive Committee” with the Taluka
Municipal Officer as its Chairman and all Taluka Officers and Chief Officers as
its members, to deal with all matters concerning two or more offices, all
matters of administrative, financial or public policy, to facilitate
coordination among the offices of the Taluka Municipal Administration to
provide avenue for the consideration of matters of common interest and to
tender advice in any case that may be referred to the Taluka Council or the
Taluka Nazim.
(2) A
Taluka Officer or a Chief Officer who wishes a particular matter to be
discussed in the Executive Committee meeting, shall apprise the Taluka
Municipal Officer of his intention of doing so and forward ten copies of a
brief note on the subject which would form the basis of discussion.
(3) The
Taluka Municipal Officer shall issue notice of the meeting together with the
agenda, well in advance of the meeting provided that urgent items may be
considered at short notice.
(4) Minutes
of the meeting shall be recorded by an officer nominated by the Taluka
Municipal Officer who shall attend the meeting for the purpose and circulate
such minutes after approval by the Taluka Municipal Officer.
(5) In
the event of a difference of opinion on any issue amongst the members of the
Executive Committee, the case shall be submitted to the Taluka Nazim through
the Taluka Municipal Officer.
15. Manner of submission of Cases : – (1) When a case
is required to be submitted to the Taluka
Municipal Officer, it shall be the responsibility of the Taluka Officer or the
Chief Officer concerned to ensure that all relevant papers, references and
extracts of the laws and rules are submitted along with the case for quick
disposal.
(2) In his note, the Taluka Officer or the
Chief Officer concerned shall certify that all the relevant papers required for
the disposal of the case have been submitted.
(3) All files and records shall be kept and
maintained by the Taluka Office or Chief Officer unit concerned in the
prescribed manner.
(4) Any officer who notices that tampering of
records has been made by his staff or colleague, he shall bring it to the
notice of the Taluka Municipal Officer for an appropriate action against the
delinquent official.
(5) No page of the file either of the note
portion or of the correspondence portion shall be removed.
(6) All notes shall be free from personal
remarks.
(7) Proper
decorum shall be observed in commenting upon the notes recorded by the senior
officers and where an error is to be pointed out and an opinion is to be
criticized, it shall be done in a respectful language.
16. Meetings
:– (1) The Taluka Officer and the Chief Officer shall endeavour to convene
meetings of all the officers under his control once in a month to discuss :-
(i) important pending cases;
(ii) specific problems calling for general
expression of views or exchange of ideas; and
(iii) questions of general interests
concerning the Taluka office or the Chief Officer unit, as the case may be.
(2) Brief
minutes shall be recorded mentioning only the salient points considered and the
decisions taken.
17. Information
to be supplied to a Monitoring Committee :– (1)
The Chairman or a member of a
Monitoring Committee shall not contact formally or informally any officer or
official other than the Taluka Officer or the Chief Officer for obtaining
information required by the Committee regarding his office.
(2) The Chairman of the Committee shall ask
for information in writing and the officer incharge shall supply the
information as early as possible.
18. Processing of
fresh receipts :– (1) All fresh receipts and cases shall be
processed promptly.
(2) No case shall be kept pending for more
than three days by an officer. If processing of a case requires more time, the
immediate superior shall be informed. A report of the pending cases in an
office shall be prepared at the end of every month and submitted to the Taluka
Municipal Officer. Reasons for delay in the disposal of such cases shall be
recorded.
19. Dealing with
the Public Representatives and Visitors :– (1) All officers and officials working in
the Taluka Municipal Administration shall use polite and decent language while
dealing with the public representatives and visitors in their offices.
(2) All Nazims, Naib Nazims and Members of
Zila, Taluka and Union Councils shall use polite and decent language while
dealing with all officers and officials working in the local governments.
(3) All offices of the Taluka Municipal
Administration shall have timings for public dealing. All concerned officers
and officials shall remain available during the public dealing time for quick
service.
(4)
The Taluka Officer
and the Chief Officer shall be responsible to ensure that citizens do not face
any inconvenience.
20. Approach to
Public Representatives in service matters :–
(1) No employee shall, directly or
indirectly, approach any public representative or any other non-official person
to intervene on his behalf in his service matters.
(2) No employee shall bring or attempt to
bring political or other outside influence, directly or indirectly, to bear on
officers of Taluka Municipal Administration in support of any claim arising in
connection with his employment as such.
21.
Service Record, Performance Evaluation Reports or Annual
Confidential Reports :– (1) The General or
Establishment Branch of the Taluka Municipal Administration shall be
responsible to maintain the service record, performance evaluation reports or
annual confidential reports of all direct employees of the Taluka Municipal
Administration (formerly servants of the local councils); and, copies of
performance evaluation reports and annual confidential reports of all other
officers and officials (formerly of the
Sindh Councils Unified Grade Service and others) including those working
in the Chief Officer units in line with the policy and instructions issued by
the Government on the subject.
(2) The General/Establishment branch of a
Chief Officer unit shall be responsible to maintain the service record of all
direct employees (formerly servants or the local councils) and of the SCUG Service working in a Chief
Officer Unit.
22. Periodical report of activities of offices :– There shall be prepared, for information of the
Taluka Nazim, a quarterly report of the activities of each office by each
Taluka Officer or Chief Officer in the prescribed manner.
23. Submission
of issues to the Zila Mushawarat Committee :– (1) The Taluka Municipal Officer shall under the
directions of the Taluka Nazim be responsible to prepare the summary on each of
the issues to be brought before the Zila Mushawrat Committee.
(2) The
Taluka Municipal Officer shall be responsible for follow up action on the
decisions taken by the Zila Mushawarat Committee.
24. Action on the Reports of the Monitoring Committees :– (1) The reports of the Monitoring
Committees regarding Taluka Municipal Administration shall be examined by the
Taluka Municipal Officer and a summary shall be submitted to the Taluka Nazim
for suggesting a line of action against any inefficient, incompetent and
corrupt officers or officials of the Taluka Municipal Administration. In case the reports of a Monitoring
Committee reflects upon the adverse performance of the Taluka Municipal
Officer, then the Taluka Nazim may take
action as per law after ascertaining the facts.
(2) The Taluka
Nazim shall inform the Council about the action taken by him on the report (s)
of the Monitoring Committee.
25. Complaint
Cell :– The Complaint Cell
established under section 188 of the Ordinance shall function under the direct
supervision of the Taluka Nazim.
26. Internal Audit :– (1) The head of Internal Audit office shall report to the
Taluka Nazim.
(2) The functions of the Internal Audit office shall be as prescribed by the Government.
(3) The organizational set up of the Internal Audit office shall be as approved by the Government.
27. Inspections by the
Provincial Local Government Commission :– (1) The Taluka Municipal
Administration shall provide all the necessary support to the Inspection Teams
deputed by the Provincial Local Government Commission while conducting annual
and special inspections of the Taluka Municipal Administration.
(2) The offices
of the Taluka Municipal Administration shall provide all the necessary
assistance and relevant documents to the Provincial Local Government Commission
promptly under intimation to the Taluka Nazim.
28. Inspection by the Taluka
Municipal Officer :– (1) The
Taluka Municipal Officer shall inspect the working of offices in Taluka
Municipal Administration once every six months. He shall pay special attention
to:
(i) compliance
with the rules, standing instructions and orders and office directives;
(ii) security arrangements;
(iii) general office management; and
(iv) proper
use and care of property, equipment and stationery etc. under the control of an
office.
(2) A copy of the inspection
report shall be submitted to the Taluka Nazim. The report shall also indicate
steps taken or required to be taken for corrective measures.
(3) The Taluka Officer or the Chief Officer
shall take follow up actions required to be taken for corrective measures.
29. Action on the
reference received from Zila Mohtasib :–
(1) The reference received from the office of the Zila Mohtasib shall be
attended by the TMA promptly for compliance.
(2) The references requiring action by the
Taluka Municipal Administration shall be implemented in letter and spirit.
PART C – RELATIONS WITH THE COUNCIL
30. Compliance
with Rules of Procedure and Standing Orders of the Council :– All
offices of Taluka Municipal Administration shall, in their relation with Taluka
Council, comply with the Rules of
Procedure and standing orders
of the Council.
PART D – MISCELLANEOUS PROVISIONS
31. Protection
and communication of official information :– (1)
No classified information acquired directly or indirectly from official
documents or relating to official matters shall be communicated by the
officer/official of the Taluka Municipal Administration to the press,
non-officials, or officials belonging to other Government offices, unless he
has been specially empowered to do so. All other information shall be made
available.
32. Channel of
correspondence :– (1)
Correspondence with the Government or
the District Government or another Taluka Municipal Administration/Town
Municipal Administration shall be conducted by the Taluka Municipal Officer and it shall ordinarily be addressed to the Secretary of the
Department concerned of the Government
or the District Coordination Officer of the district concerned, or the Taluka
Municipal Officer of the Taluka concerned or the Town Municipal Officer of the
Town concerned, as the case may be.
(2) Correspondence
with the Union Administration of the same Taluka shall be conducted directly by
the offices in respect of the subjects allocated to them and it shall ordinarily be addressed to the Union Nazim concerned.
( BUXIAL KHAN
GUDARO )
CHIEF,
PROVINCIAL
TRANSITION WING
The
Superintendent, Sindh Government Press, Karachi. He is requested to publish the same in the extra ordinary gazette
immediately and supply 700 copies thereof to this office.
Schedule- I
[See Rule
2(xi)]
|
S. No. |
Office |
|
1. |
Chief Officer Unit |
|
2. |
Planning |
|
3. |
Infrastructure and Services |
|
4. |
Municipal Regulations |
|
5. |
Finance |
Schedule-II
TALUKA MUNICIPAL ADMINISTRATION ORGANIZATION
[See Rule 5(2)]
Schedule-II (Continued)
CHIEF OFFICER UNIT AT TMA HEADQUARTERS
*TC : Town
Committee MC
: Municipal Committee M.Corp : Municipal Corporation
