LCA-KP vows to resist abolition of district council

PESHAWAR: Accusing the Khyber Pakhtunkhwa government of advocating the abolition of the first tier of the local government, the Local Councils Association Khyber Pakhtunkhwa (LCA-KP) has vowed to oppose the move at every forum.

LCA-KP President Himayatullah Mayar told The News that representatives of the association recently held meetings with Punjab governor and other stakeholders amid confusion over the proposals about amendment to the LG acts in Punjab and KP.

“The Punjab government functionaries informed us that Punjab has been opposing abolition of the district tier but Khyber Pakhtunkhwa government wants it be abolished,” he said.

He said the LCA-KP delegation was informed that it was the Khyber Pakhtunkhwa government that was advocating elimination of the district tier.

Mayar lamented that provincial government did not take the LCA onboard despite repeated requests. “We have sought a meeting with chief minister to apprise him of our reservations. But our written request has been pending for the last almost one month,” LCA president said.

He said that LCA would use every option, including taking the issue to court of law as abolishing the district tier was violation of the spirit of the Article 140A of the Constitution.

“How could an elected representative at the tehsil level lead the district administration?” he questioned.

He said this approach was not practical, adding the provincial government was directing the provincial administration and federal government was directing the federal bureaucracy therefore the district government was supposed to direct the district administration.

Mayar said that LCA had forwarded recommendations to the government to improve and strengthen the local government system.

The LCA president added that continuity and uniformity of the local government system and improved service delivery required constitutionally recognised district government.

According to the recommendations submitted to the government, the LCA has recommended a clear distinction between the responsibilities of the provincial and local governments.

The LCA suggested that funding to local governments should be streamlined and regularised and its substantial part should be transferred at the beginning of the fiscal year.

“The whole administration of local government must come under the elected council and performance evaluation reports of officers and staff must be prepared or, at least, countersigned by the nazim as chief executive of the local government,” the LCA suggested.

It also demanded abolition of sectorial allocation of funds and suggested one line allocation to the local governments.

The two percent share of chief minister and one percent share of the finance minister in the funds allocated to local governments should be abolished.

“Receipts of all devolved departments e.g. property tax, tobacco cess, gas and oil royalty, hydel power profits and other resources shall be paid to the concerned local government,” the LCA recommended.

The local governments should be allowed to constitute selection board for appointment while promotion should be made on the advice of the selection board.

Posting and transfer of officials from BPS 1 to 16 of devolved departments shall be made after approval of the nazim whereas that of BPS 17 and above should be made in consultation with the nazim.

There should be a single development committee for approval of projects of the local government which should be headed by the nazim.The LCA observed that one of the key impediments to local governments’ development and strengthening has been the opposition by the federal and provincial legislators.

“Complete stoppage of development funds to the legislators will put an end to this resistance and enhance the acceptance and ownership of local governments among the general public,” the association recommended.

To avoid duplication of responsibilities and develop a linkage between the lowest and highest tiers, the nazims of village/neighbourhood councils should be made councillors of the district council and election of district councilors on ward basis should be abolished.

The nazim and naib nazim of village and neighbourhood council should be elected by the councillors through consensus or voting.

The LG Act should provide specific guidelines for community participation in the planning and implementation of local development.

The act should provide mechanism for dispute resolution committee and recommended that its decisions should be made binding on the disputing parties with the right to appeal against committee decision in the lower court.

To ensure a sustainable process of training and capacity building of local governments, the local governments should be allowed to budget for training and capacity building of their functionaries and use this budget to impart training to their functionaries through different institutions/trainers.

Also, steps should be taken to transform the Local Governance School as a sustainable training institute. The LG Act should recognise the LCA-KP as a legitimate representative body of local governments in the province and allow local governments to budget and pay annual membership fee to the association to make it a sustainable platform.