Although the bill is still pending in the Senate, aspiring candidates have started their election campaigns. PHOTO: FILE
In its report, the subcommittee has termed many provisions of the law a “perpetual bureaucratic dictatorship” and in violation of “concept and philosophy of devolution”.
It has been suggested that such clauses either be scrapped completely or made balanced through the concept of equal representation rather than a body of officers directly appointed by the federal government.
Clause 95 of the bill provides for formation of a local government commission comprising a chairman, two members of the National Assembly, two technocrats, and two representatives of the Islamabad Capital Territory (ICT) Administration.
All these members would directly be appointed by the federal government, except one member of the NA who would be a nominee of the Leader of the Opposition in lower house of the parliament.
The proposed commission will conduct annual and special inspections of the local governments and submit reports to the government. It would have powers to initiate an inquiry by itself or through any agency about any matter concerning a local government. All decisions of the commission shall be binding on elected representatives, according to the bill.
In its report, the subcommittee dubbed this commission a “supra body” which will exert direct control over functions of the local governments. “The constitution of this commission must be taken as a practical joke,” the report said.
Similarly, clause 98 of the bill says there would be a local government board consisting of a chairman and not more than five members who would be directly appointed by the federal government. The board is proposed to be a corporate body with powers to acquire, hold, and transfer property by its name.
“[Formation of this] proposed board is another attempt to circumvent the independence of the local government and thus this clause must be deleted.”
Likewise, clause 63(3) of the bill, which relates to executive authority and conduct of business of local government, says the federal government can delegate any function of a mayor [In case of Metropolitan Corporation] or a chairman [in case of a union council] to a deputy mayor or vice-chairman, while sub-clause (5) says appointment of a chief officer of Metropolitan Corporation will be made by the federal government.
The subcommittee said these suggestions provided blanket powers to the federal government without any checks and balances and thus were against the purpose and objective of the legislation. The committee suggested that this clause either be deleted or the powers to exercise delegation be made subject to consultation and approval of the local government.
Other suggestions and observations related to vague terms used in the bill.
Published in The Express Tribune, June 19th, 2015.
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