The NWFP Local Government (Amendment) Act, 2005

NOTIFICATION

Dated 3rd August, 2005.

No. PA/NWFP/Legis-l/2005/213-l7. The North-West Frontier Province LocalGovernment (Amendment) Bill. 2005 having been passed by the Provincial Assembly of North-West Frontier Province on the 12-07-2003 mid assented to by the Governor of the North-West Frontier Province on 28-07-2005 is hereby published as an Act of the Provincial Legislature-of the North-West Frontier Province.

THE N.W.F.P LOCAL GOVERNMENT (AMENDMENT) ACT, 2005.

(N.-W.F.P. ACT NO. X OF 2005)

[first published after having received the assent of the Governer of the North-West Frontier Province in the official Gazette of N.W.F.P. (Extraordinary), dated 3^rd August, 2005].

ACT

further to amend the North-West Frontier Province Local Government Ordinance. 2001.

Preamble.---WHEREAS it is expedient further to amend the North-West FrontierProvince Local Government Ordinance, 2001 (N.-W.F.P. Ord. No. XIV of 2001), for the purposes hereinafter appearing;

It is hereby enacted as follows:

Short title and commencement.---(1) This Act may be called the North-West Frontier Province Local Government (Amendment) Act, 2005.

(2) It shall come into force at once.

Amendment of section 1 of N.-W.F.P. Ord. No. XIV of 2001.--- In the North-West Frontier Province Local Government Ordinance,2001 (N.-W.F.P. Ord. No. XIV of 2001), hereinafter referred to as the said Ordinance, in section 1, in sub-section (2),-

(a) after brackets, word, figures and comma “(II of 1924),”, the words, commas, figures and brackets “or the Cantonments Ordinance, 2002 (CXXXVIII of 2002),” shall be inserted; and

(b) for the word “under the said Act”, the word “thereunder” shall be substituted.

Amendment of section 2 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 2,-

(a) clause (xii) shall be omitted;

(b) after clause (xx), the following new clause shall be inserted, namely:-

“(xxa) ‘misconduct’ means transgression of prescribed Code of Conduct or dereliction from duty or deliberate unlawful behavior or violation of law or rules or lawful directions or orders of Government and includes-

(a) gross negligence in performance of duties with manifest wrongful intent or evil design;

(b) an act that results in wrongful gain to any person by wrongful application of law; or

(c) making or managing appointment, promotion or transfer of an officer or official in violation of law or rules or for extraneous consideration;”; and

(c) in clause (xlii), for the words, comma, figures and brackets “Industrial Relations Ordinance, 1969 (XXIII of 1969)”, the words, comma, figures and brackets “Industrial Relations Ordinance, 2002 (XCI of 2002)” shall be substituted.

Amendment of section 8 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance in section 8, the existing provision shall be re-numbered as sub-section (1) of that section and thereafter the following new sub-section shall be added, namely:

“(2) For the purpose of creation of a city district, the Unions in the district affected by such creation may be delimited in accordance with section 6:

Provided that in all other districts section 11 of this Ordinance shall apply,”.

Amendment of section 12 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 12,-

(a) in sub-section (2), for the existing proviso, the following shall be substituted, namely:

“Provided that Government may, by the 20^th day of June, 2005, divide such tehsil in to two or more tehsils for establishing local government under sub-section (1).”; and

(b) in sub-section (3), after the words “Union Administration”, the words “and the functions of Tehsil Council shall be performed by the Union Council” shall be added.

Amendment of section 14 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 14, after sub-section (3), the following new sub-section shall be added, namely:

“(4) The Zilla Nazim shall nominate a Deputy District Officer at Tehsil level for the purpose of liaison between the offices of District Government, Provincial Government, Federal Government and other local governments for emergencies, natural calamities and extraordinary situations.”.

Amendment of section 22 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 22, in sub-section (1),-

(a) the words “or suspension” shall be omitted:

(b) for the word “appointed”, the word “elected” shall be substituted; and

“Provided that where the Naib Zilla Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 42 shall act as Zilla Nazim and the next senior-most presiding officer in the panel shall act as Naib Zilla Nazim till the election of officiating Zilla Nazim under section 48 or Naib Zilla Nazim resumes his functions or, as the case may be, a new Naib Nazim is elected by the Zilla Council under section 156:

Provided further that the officiating Zilla Nazim shall not be a candidate in the election for Zilla Nazim.”.

Omission of section 23 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, section 23 shall be omitted.
Amendment of section 24 of N.-W.F.P. Ord. No. XIV of 2001.---In he said Ordinance, in section 24,-

(a) in the marginal note, for the words “Internal recall”, the word “Recall” shall be substituted;

(b) for sub-section (4), the following shall be substituted, namely:

“(4) Where the motion referred to in sub-section (1) is approved by two-third majority of the votes of the total membership of the Council through a secret ballot to be conducted by the Returning Officer nominated by the Chief Election Commissioner, the Zilla Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner accordingly.”.

(d) in sub-section (6), for figure “5”, figure “1” shall be substituted; and

(e) after sub-section (7),-

(i) the Explanation shall be omitted; and

(ii) the following new sub-section shall be added, namely:

“(8) Where the motion referred to in sub-section (1) fails in the Zilla Council, the proposer and seconder of such motion shall lose their seats both as members of the Zilla Council and Union Nazim, if any one of them is also a Union Nazim.”.

Substitution of section 25 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, for section 25, the following shall be substituted, namely:

“25. Setting aside the order of Zilla Nazim by the Chief Executive of the Province.---(1) Where, in the opinion of the Chief Executive of the Province, an order or decision of the Zilla Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

Provided that the Zilla Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Zilla Nazim:

Provided that, if no action is taken within ninety days of suspension of the order or decision of the Zilla Nazim, such order or, as the case may be, decision shall stand restored.

(3) The quashment of an order or decision referred to in sub-section (2) shall be notified by Government in the official Gazette.”.

Amendment of section 28 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 28,-

(a) in sub-section (2), for clause (f) the following shall be substituted, namely:

“(f) call for information and reports from local governments in the district as required by the Provincial Government or District Government through the Tehsil Municipal Officer;”; and

(b) after sub-section (2), amended as aforesaid, the following new sub-section shall be added, namely:

“(3) Where, in the opinion of a District Coordination Officer, an order of the Zilla Nazim is motivated or unlawful, he may seek recourse in writing to the Local Government Commission with a copy thereof to the Zilla Nazim, and the decision of the Commission in the matter shall be final and binding.”.

Amendment of section 30 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 30,-

(a) in sub-section (2),-

(i) for the word “all”, the word “such” shall be substituted; and

(ii) after the word “Schedule”, words “as may be prescribed” shall be added;

(b) in sub-section (4),-

(i) for the word “shall” the word “may” shall be substituted; and

(ii) the words “within seven days and the Government may refer the matter to the Provincial Local Government Commission” shall be omitted; and

Insertion of new sections 30A and 30B to N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, after section 30, the following new sections shall be inserted, namely:-

“30A. Disciplinary powers of Nazims and Naib Nazims.---The Nazims and Naib Nazims shall be empowered to take disciplinary action against local government functionaries of their respective establishments and shall be responsible to Government for effective implementation of all efficiency and disciplinary rules as prescribed, not later than 31^st December, 2005.

30B. District Officer (Revenue) to act as Collector.---The District Officer (Revenue) shall act and perform the functions of Collector under the provisions of sections 54, 68, 70(2), 71, 72, 92, 93, rule 18 of Order XXI, Order XL and similar other provisions of the Code of Civil Procedure, 1908 (Act V of 1908).”.

Amendment of section 34 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 34, clause (b) shall be omitted.
Amendment of section 38 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 38, after the word “allocation”, the words “with its Secretary as Drawing and Disbursing Officer and Naib Zilla Nazim as the Principal Accounting Officer” shall be added.
Amendment of section 39 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 39,-

(a) in clause (o), for the brackets and figure “(11)” the brackets and figure “(8)” shall be substituted; and

(b) in clause (q), for the second proviso the following shall be substituted, namely:

“Provided further that the Government shall accord approval within sixty days of receipt of proposals from a Zilla Council failing which it shall be deemed to have been approved;”.

Amendment of section 40 of N-.W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 40, in clause (d), the comma and words “, beaches and sea sides” shall be omitted.
Amendment of section 42 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 42,-

(a) in sub-section (3), the full-stop appearing at the end shall be replaced by a colon and thereafter, the following proviso shall be added, namely:

“Provided that the member presiding the meeting shall not vote except in case of equality of votes.”.

(b) for sub-section (4), the following shall be substituted, namely:

“(4) In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the Chief Election Commissioner, the members of the Zilla Council shall elect from amongst themselves a Naib Zilla Nazim securing majority votes of total membership of the Council through a secret ballot.

(4A) The Naib Zilla Nazim elected under sub-section (4) shall be the Convener of the Zilla Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Zilla Nazim.”; and

“(5) After the election of Naib Zilla Nazim, the Zilla Council shall, in order of precedence elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of, or in case of the suspension of, Naib Zilla Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Zilla Council.”.

Substitution of section 45 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, for section 45, the following shall be substituted, namely:

“45. Setting aside the resolution of Zilla Council by the Chief Executive of the Province.---(1) Where, in the opinion of the Chief Executive of the Province, a resolution of Zilla council is not in conformity with law or is against the interest of the people, he may, for the reasons, to be recorded and conveyed to the Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

(2) On receipt of report of the enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Zilla Council:

Provided that, if no action is taken within ninety days of the suspension of the resolution of the Zilla Council, such resolution shall stand restored.

(3) The quashment of the resolution referred to in sub-section (2) shall be notified by Government in official Gazette.”.

Amendment of section 47 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 47,-

(a) in the marginal note, for the words “Recall of a”, the words “No confidence motion against” shall be substituted;

(b) in sub-section (1),-

(i) after the words “other reason”, the words “he has lost confidence of the Council” shall be added; and

(ii) for the word “recall”, the word “removal” shall be substituted;

“(4) Where the motion referred to in sub-section (1) is approved by majority votes of the total membership of the Council, through a secret ballot, the Naib Zilla Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner accordingly.”;

(d) for sub-section (5), the following shall be substituted, namely:

“(5) Where the Naib Zilla Nazim is removed under sub-section (4), the Council shall elect a new Naib Zilla Nazim within a period not later than ten days in the manner specified in sub-section (4) of section 42.”;

(e) in sub-section (6), for the words “appear before the Zilla Council and address it”, the words “address the Zilla Council” shall be substituted; and

(f) after sub-section (7), the following new sub-section shall be added, namely:

Amendment of section 48 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 48,-

(a) the brackets and figure “(1)” shall be omitted; and

(b) for the first proviso, the following shall be substituted, namely:

“Provided that, where the Naib Zilla Nazim fails to convene the meeting for election of officiating Zilla Nazim from amongst the members of the Council, within ten days, the Naib Zilla Nazim shall be liable to misconduct, and the senior-most presiding officer shall, convene the meeting of the Council for such purpose:”.

Amendment of section 50 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 50,-

(a) in sub-section (1), the brackets and figure “(1)” shall be omitted; and

(b) for the word “Tehsil”, the word “Town” shall be substituted.

Amendment of section 55 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 55, the word “District” shall be omitted.
Insertion of new section 58B to N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, after section 58A, the following new section shall be inserted, namely:

“58B. Performance evaluation of officers of tehsil.---The annual performance report of the officers posted in the Tehsil Municipal Administration shall be initiated by-

(a) the Tehsil Nazim in respect of Tehsil Municipal Officer and the Zilla Nazim shall be the first countersigning officer, while the Secretary, Local Government Department, shall be the second countersigning officer:

Provided that the District Coordination Officer shall record in a separate part of the Performance Evaluation Report his evaluation about the Tehsil Municipal Officer’s ability to collect and compile information; and

(b) the Tehsil Municipal Officer in respect of Tehsil Officers:

Provided that the Tehsil Nazim shall be the countersigning officer.”.

Amendment of section 61 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, in section 61, in sub-section (1), for the existing proviso, the following provisos shall be substituted, namely:

“Provided that where the Naib Tehsil Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 69 shall act as Tehsil Nazim and the next senior-most presiding officer in the panel shall act as Naib Tehsil Nazim till the election of officiating Tehsil Nazim under section 68 or Naib Tehsil Nazim resumes his functions or, as the case may be, a new Naib Tehsil Nazim is elected by the Tehsil Council under section 156:

Provided further that the officiating Tehsil Nazim shall not be a candidate in the election for Tehsil Nazim.”.

Omission of section 62 of N.-W.F.P. Ord. No. XIV of 2001.---In the said Ordinance, section 62 shall be omitted.
Amendment of section 63 of N.-W.F.P. of Ord. No. XIV of 2001.---In the said Ordinance , in section 63,-

in the marginal note, for the words “ Internal recall”, the word “ Recall” shall be substituted;
for sub-section (4) the following shall be substituted, namely:

“(4) Where the motion referred to in sub-section (1) is approved by two-third majority of the votes of the total membership of the Council, through a secret ballot to be conducted by the Returning Officer nominated by the Chief Election Commissioner, the Tehsil Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner accordingly.”;

(d) after sub-section (7), the following new sub-section shall be added, namely:

“(8) Where the motion referred to in sub-section (1) fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim.”.

Insertion of new section 64A to N.-W.F.P. Ord. NO. XIV of 2001.---In the said Ordinance, after section 64, the following new section shall be inserted, namely:

“64A. Setting aside the order of Tehsil Nazim by the Chief Executive of the Province.---(1) Notwithstanding anything contained in section 64, where, in the opinion of the Chief Executive of the Province, an order or decision of the Tehsil Nazim is not in conformity with law or is against the interest of the people , he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

Provided that the Tehsil Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

Provided that if no action is taken within ninety days of the suspension of the order or decision of the Tehsil Nazim, such or

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