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Wednesday December 04, 2024

KP govt notifies LG rules of business

Most of powers given to DCs

By Yousaf Ali
November 04, 2015
PESHAWAR: Finally, the much-awaited rules of business for different tiers of the local government (LG) system were approved and formal notification to this effect was issued on Tuesday wherein most of the powers have been given to the deputy commissioners and other officers of the bureaucracy.
It took six months after the local government elections and two months following the formation of governments at the district, town and tehsil level to approve and enforce the rules of business.
Three separate notifications – one each for district, town and village councils – were issued to implement the rules.
The delay in the enforcement of the rules of business had caused unrest among the elected nazims and councillors of the different tiers of the local governments. The excessive powers given to the bureaucracy could trigger controversy as some of the nazim have already indicated to move the court against these rules. The deputy commissioner has been made responsible for all the financial and accounts as he would be the principal account officer of the district and head of other important committees dealing with financial matters.
According to the notification, the rules shall be called the Khyber Pakhtunkhwa District Government Rules of Business, 2015 and shall come into force at once.
Specifying the powers of district nazim, the rules said the executive authority of the district government would be vested in the nazim. He shall exercise his powers and perform functions as provided in Sections 11, 12, 13, 14, 15 and 16 of the Local Government Act within the policy framework of the government.
The nazim would be the approving authority for expenditure within prescribed sphere of responsibilities. However, he shall not be the co-signatory of the cheques with the drawing and disbursing officers at the district concerned.
The nazim shall be a non-voting co-opted member of district development advisory committee in the respective district to participate in the meetings for avoiding duplication and overlapping of development schemes being executed under different funding arrangements.
The deputy commissioner, on the other hand, would be coordinating head of the secretariat to facilitate day-to-day working of the district government. He would ensure expeditious disposal of the business for convenience of the people, issue standing orders specifying the cases or class of cases which may be disposed of by an officer subordinate to him within time period prescribed by the government or district government.
The deputy commissioner would coordinate and supervise activities of district offices for evidence and need-based robust planning, equitable and systematic development, effective and efficient functioning, and ensure that the business of all the group of offices in the district government is carried out in accordance with law and rules and the human and material resources placed at his disposal are optimally utilized to improve governance.
He would also exercise general supervision and have control over programmes, projects, services, and activities of the district administration to coordinate flow of information required by the council.
Most importantly, the deputy commissioner would perform as principal accounting officer of the district government and be responsible to the accounts committee of the council and public accounts committee of the provincial assembly.
He would seek information and reports from local governments in the district as required by the government or district government and assist the nazim in performance of his functions and formulation of policy of the district government.
A deputy commissioner would prepare periodical reports including reports on implementation of development plans, segregated by gender, for submission to the government and presentation in the council and implement approved policies of the district government.
He would be responsible to the Finance Department of the Government of Khyber Pakhtunkhwa in all financial management and financial discipline at district level and keep the government informed, through commissioner, on important issues and matters having significant social, economic or administrative implications.
The ‘Coordinating Head’ means the authority to call for review and assess the performance of district offices and give directions for taking actions or measures to improve efficiency, service delivery and achievement of assigned targets and goals.
All cases submitted to the nazim shall be routed through the deputy commissioner and while submitting a case for orders of the nazim, he shall suggest a definite line of action.
In matters of policy and important decisions, the deputy commissioner would obtain approval of nazim before communicating such matters and decisions to the government.
According to the rules of business, the provincial government would be responsible for the transfer and posting of the deputy commissioner.
District heads of other devolved departments and other heads of BS-17 and above would also be transferred and posted by the provincial government. Officials of BS-16 and below would be transferred and posted by the district heads concerned.
The naib-nazim, according to the rules of business, would have the authority to preside over the council meeting convened by the nazim. He would preserve order and decorum and have all the powers necessary for the purpose of enforcing his decisions in the council.
The naib nazim would also be empowered to clear galleries in the council in case of disturbance. He would decide points of order, supervise the elections of the standing and other committees and act as nazim in case of situation warranted by the provision of Section 59(3) of the Act.