Improving the law: K-P government likely to amend LG Act, 2013

Changes will be made to section 79 and 84

PESHAWAR: The provincial government will be bringing yet another amendment to the Khyber-Pakhtunkhwa Local Government Act, 2013. The primary objective is to improve the law.

Officials of the K-P Local Government and Rural Development Department told The Express Tribune on Monday the authority has sent the summary to the law department for certain changes.

“We have sent the summary for vetting after which it will be handed to the chief minister and cabinet for approval,” said an official of the department.  “The changes are final and will be made in the law without any hesitation.”



When contacted, Local Government and Rural Department Litigation Secretary Sajid Gul said the changes are in two sections of the act – 79 and 84.

In an order

Section 79, which deals with the business of the local council as well as the election of the nazim and naib nazim, states the local council, in its first meeting, should elect these officials.

It adds the nazim and naib nazim of district, tehsil or town councils should be elected with a majority vote from their respective councils.

“If no nazim or naib nazim secures such a majority in the first poll, a second poll shall be held between the candidates who secure the two highest numbers of votes in the first poll. The person who secures the majority votes of the total members of the district, tehsil or town councils concerned shall be elected as the nazim or naib nazim.”

However, if the number of votes secured by two or more members securing the highest number of votes is equal, further two sittings, with an interval of one week in between, shall be held. If no one secures a majority of votes of the total membership, the council shall stand dissolved and the matter shall be referred to the election commission for fresh elections.

The new amendment is aimed at removing the dissolution of the council from the section,” said Gul.



Another in line

Sajid Gul maintained the second amendment was to Section 84, which dealt with the vote of confidence that a nazim or naib nazim of a district or tehsil council required. “If the district or tehsil council fails to pass its budget, then the council members may ask the nazim and naib nazim to take a vote of confidence from the council,” he said.

“We are changing this provision. Now, after the amendment, if the nazim and naib nazim fail to pass their budget in the first year, then the council members may ask them to take a vote of confidence, but not in the succeeding years,” he explained.

Regarding the government’s plans to make the changes in the law via an ordinance or through a legislative bill through the K-P Assembly, Gul said it depends on the government’s will. “If the government thinks that the changes are of an urgent nature, they may issue an ordinance. However, I think the changes will be held till the assembly session.”

Published in The Express Tribune, July 12^th, 2016.