Proposals for better governance
As per the 2017 Census report, Lahore district has a population in excess of 12 million
The writer is a former governor of Punjab and a senior advocate of the Supreme Court of Pakistan
The Legal Reforms Committee, chaired by me during the last weeks of the tenure of Shehbaz Sharif as Punjab chief minister, made a number of recommendations for better governance. The recommendations were approved but could not be implemented for lack of time.
The recommendations owning to the loopholes in the structure of governance are as relevant now as they were at the time they were proposed. The Punjab province has one Provincial Ombudsman based at Lahore. Although the Provincial Ombudsman has established regional offices in the districts headed by retired officers of the rank of district or additional district judges or equivalent civil service grades, these regional offices are not empowered to pass final orders on complaints of maladministration. Their recommendations have to be sent for final orders to the Provincial Ombudsman. The reforms committee noted that it would be eminently desirable if aggrieved persons were to be provided relief in the form of final orders passed by district ombudsmen who should be vested with powers similar to those exercised by the Provincial Ombudsman. The establishment of the district ombudsmen offices could be integrated with the office of the Provincial Ombudsman by providing for appeals to be heard by the Provincial Ombudsman with the proviso that such appeals should be heard at divisional headquarters. A draft of the amending law sent to the then chief minister contains a schedule setting out the list of departments’ complaints against whosoever will be in the exclusive jurisdiction of the district ombudsmen. Establishment of district ombudsmen will vastly improve the common man’s access to justice. It will provide him with much cheaper and quicker justice at his doorstep.
The security situation and the need to re-establish the effective writ of the Provincial Government requires the revival of the lambardari and chowkidar systems in the rural areas and the appointment of municipal wardens in the urban areas.
There are about 18,000 sanctioned posts of chowkidars (watchmen) in the nine divisions of the province of which nearly 8,500 are vacant. Similarly, there are about 38,500 sanctioned posts of lambardars (village headmen) of which nearly 5,500 are vacant. With the advent of the Local Government system, the post of lambardar has lost its attraction except in the colony districts where, in terms of a notification issued in January 2006 under the Colonisation of Government Lands Act 1912, about 500 lambardars hold grants of state land. No such grants are available in the non-colony districts.
The lambardars are appointed under the Punjab Land Revenue Act 1967 and the Punjab Land Revenue Rules 1968 and their manifold duties include collection of land revenue and other provincial government dues, reports to the tehsildars on encroachments on roads and government properties, submission of information required by Deputy Commissioners on transport matters and crops, and reports on breaches in canals and on outbreak of contagious diseases. Under the Punjab Law Act of 1872, they are also to supervise and control the village chowkidars and to liaise with the local police.
To encourage the revival of the lambardari system, the reforms committee proposed that lambardars be exempted from payment of annual renewal fees for arms licences, that all government departments should seek the assistance of the lambardars in implementation of departmental programmes and to associate them in price control committees, peace committees and food committees; that the SHOs should involve the lambardars and the village chokidars in all watch and ward duties; and that revenue and irrigation authorities should give priority to lambardars in attestation of documents relating to land and irrigation water. The committee further proposed that the notification issued in January 2006 for grants of state lands to lambardars in colony districts should be rescinded provided that such land should revert to Government after existing lambardars have ceased to hold office. For the future a Village Officers cess equal to 5% of land revenue should be levied on all landowners to compensate the lambardars for the performance of their duties as permissible under section 37 of the Punjab Land Revenue Act.
With regard to village chowkidars, the committee recommended that they should be appointed by the Assistant Commissioners of each sub-division on the nomination of the lambardars and after obtaining certificates of good character from the local SHO. There should be one chowkidar for every 200 houses or shops. The chowkidars should be middle pass and fulfil the physical eligibility criteria fixed for police constables. In large villages, there should be a head watchman for every five village watchmen. The village watchmen should be paid Rs50 per house or shop within his beat. Apart from watch and ward duties, watchmen should be made responsible for recording all births and deaths and for giving particular care to the safety and wellbeing of unattended children. The guiding principle for them should be that they are the servants of the village community.
The committee also noted that the 1872 Act was being administered by the Home Department and the Land Revenue Act by the Board of Revenue with little co-ordination between the two. One department should administer both laws. The committee drafted and sent to the chief minister draft rules for implementation of the proposals relating to village watchmen.
Section 137 of the Punjab Local Government Act 2013 provides for appointment of municipal wardens but the same has not been activated. The committee sent to the Chief Minister draft rules for appointment of municipal wardens, setting out in extenso their duties and functions. As these wardens will be paid by the urban local councils, the proposed activation will require a readjustment of the financial relationship of the urban local councils with the Provincial Government.
Not much more than 20% of the population has access to the justice system. Recognising these huge lacuna sections from 96 to 99 of the Punjab Local Government Act 2013 provided for establishment of Panchayats and Musalihat Anjumans. The provisions in both laws have remained a dead letter.
The committee framed rules prescribing the appointment and functions of Panchayats and Musalihat Anjumans and the disputes that could be entrusted to them. The stress in these rules is on amicable settlement at the village or mohalla level through informal/flexible procedures. The committee also proposed that an amendment be made to the 2013 law to reduce the number of Anjuman members from an unwieldy nine to a more workable five.
As per the 2017 Census report, Lahore district has a population in excess of 12 million. The average population of other 35 districts is about three million. Both public convenience and requirements of better administrative control require that Lahore be split into either four or at least two districts. The split into two appears to be more feasible and certainly less expensive. The two could become four at some later stage. The Police Department has already split Lahore into four regions, each headed by a DIG. A sub-committee headed by the Commissioner Lahore Division prepared a detailed plan for splitting Lahore into two or four districts which was approved in principle by a meeting chaired by Shehbaz Sharif for implementation after the General Elections 2018.
Now that there is a new government holding the reins, the recommendations if considered, will certainly render good to the governance system of the province.
Published in The Express Tribune, February 21st, 2019.
The recommendations owning to the loopholes in the structure of governance are as relevant now as they were at the time they were proposed. The Punjab province has one Provincial Ombudsman based at Lahore. Although the Provincial Ombudsman has established regional offices in the districts headed by retired officers of the rank of district or additional district judges or equivalent civil service grades, these regional offices are not empowered to pass final orders on complaints of maladministration. Their recommendations have to be sent for final orders to the Provincial Ombudsman. The reforms committee noted that it would be eminently desirable if aggrieved persons were to be provided relief in the form of final orders passed by district ombudsmen who should be vested with powers similar to those exercised by the Provincial Ombudsman. The establishment of the district ombudsmen offices could be integrated with the office of the Provincial Ombudsman by providing for appeals to be heard by the Provincial Ombudsman with the proviso that such appeals should be heard at divisional headquarters. A draft of the amending law sent to the then chief minister contains a schedule setting out the list of departments’ complaints against whosoever will be in the exclusive jurisdiction of the district ombudsmen. Establishment of district ombudsmen will vastly improve the common man’s access to justice. It will provide him with much cheaper and quicker justice at his doorstep.
The security situation and the need to re-establish the effective writ of the Provincial Government requires the revival of the lambardari and chowkidar systems in the rural areas and the appointment of municipal wardens in the urban areas.
There are about 18,000 sanctioned posts of chowkidars (watchmen) in the nine divisions of the province of which nearly 8,500 are vacant. Similarly, there are about 38,500 sanctioned posts of lambardars (village headmen) of which nearly 5,500 are vacant. With the advent of the Local Government system, the post of lambardar has lost its attraction except in the colony districts where, in terms of a notification issued in January 2006 under the Colonisation of Government Lands Act 1912, about 500 lambardars hold grants of state land. No such grants are available in the non-colony districts.
The lambardars are appointed under the Punjab Land Revenue Act 1967 and the Punjab Land Revenue Rules 1968 and their manifold duties include collection of land revenue and other provincial government dues, reports to the tehsildars on encroachments on roads and government properties, submission of information required by Deputy Commissioners on transport matters and crops, and reports on breaches in canals and on outbreak of contagious diseases. Under the Punjab Law Act of 1872, they are also to supervise and control the village chowkidars and to liaise with the local police.
To encourage the revival of the lambardari system, the reforms committee proposed that lambardars be exempted from payment of annual renewal fees for arms licences, that all government departments should seek the assistance of the lambardars in implementation of departmental programmes and to associate them in price control committees, peace committees and food committees; that the SHOs should involve the lambardars and the village chokidars in all watch and ward duties; and that revenue and irrigation authorities should give priority to lambardars in attestation of documents relating to land and irrigation water. The committee further proposed that the notification issued in January 2006 for grants of state lands to lambardars in colony districts should be rescinded provided that such land should revert to Government after existing lambardars have ceased to hold office. For the future a Village Officers cess equal to 5% of land revenue should be levied on all landowners to compensate the lambardars for the performance of their duties as permissible under section 37 of the Punjab Land Revenue Act.
With regard to village chowkidars, the committee recommended that they should be appointed by the Assistant Commissioners of each sub-division on the nomination of the lambardars and after obtaining certificates of good character from the local SHO. There should be one chowkidar for every 200 houses or shops. The chowkidars should be middle pass and fulfil the physical eligibility criteria fixed for police constables. In large villages, there should be a head watchman for every five village watchmen. The village watchmen should be paid Rs50 per house or shop within his beat. Apart from watch and ward duties, watchmen should be made responsible for recording all births and deaths and for giving particular care to the safety and wellbeing of unattended children. The guiding principle for them should be that they are the servants of the village community.
The committee also noted that the 1872 Act was being administered by the Home Department and the Land Revenue Act by the Board of Revenue with little co-ordination between the two. One department should administer both laws. The committee drafted and sent to the chief minister draft rules for implementation of the proposals relating to village watchmen.
Section 137 of the Punjab Local Government Act 2013 provides for appointment of municipal wardens but the same has not been activated. The committee sent to the Chief Minister draft rules for appointment of municipal wardens, setting out in extenso their duties and functions. As these wardens will be paid by the urban local councils, the proposed activation will require a readjustment of the financial relationship of the urban local councils with the Provincial Government.
Not much more than 20% of the population has access to the justice system. Recognising these huge lacuna sections from 96 to 99 of the Punjab Local Government Act 2013 provided for establishment of Panchayats and Musalihat Anjumans. The provisions in both laws have remained a dead letter.
The committee framed rules prescribing the appointment and functions of Panchayats and Musalihat Anjumans and the disputes that could be entrusted to them. The stress in these rules is on amicable settlement at the village or mohalla level through informal/flexible procedures. The committee also proposed that an amendment be made to the 2013 law to reduce the number of Anjuman members from an unwieldy nine to a more workable five.
As per the 2017 Census report, Lahore district has a population in excess of 12 million. The average population of other 35 districts is about three million. Both public convenience and requirements of better administrative control require that Lahore be split into either four or at least two districts. The split into two appears to be more feasible and certainly less expensive. The two could become four at some later stage. The Police Department has already split Lahore into four regions, each headed by a DIG. A sub-committee headed by the Commissioner Lahore Division prepared a detailed plan for splitting Lahore into two or four districts which was approved in principle by a meeting chaired by Shehbaz Sharif for implementation after the General Elections 2018.
Now that there is a new government holding the reins, the recommendations if considered, will certainly render good to the governance system of the province.
Published in The Express Tribune, February 21st, 2019.