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D E M OCR ACY
LOCAL GOVERNMENT IN PAKISTANPhone: +92 51 2850912-6Fax: +92 51 2850917Email: [email protected]: www.fes-pakistan.orgFriedrich-Ebert-Stiftung, Pakistan@FES_PAK
ResponsiblePhilipp KauppertResident Director,Friedrich Ebert StiftungPakistan
Friedrich Ebert Stifting PakistanNo. 10-A, Street No. 31, F-8/1Islamabad, Pakistan
Commercial use of all media published by the Friedrich-Ebert-Stiftung (FES)is not permitted without the written consent of the FES. Disclaimer: The views expressed in this publication are not necessarily those of the Friedrich-Ebert-Stiftung
Sangat Development FoundationNo.26-C/1,Faisal TownLahore,PakistanPhone: +92 423 5165147Email: [email protected]
By M. Zahid Islam
A publication by:
In partnership with
&
Compilation & Editing: Mona Elizay
Coordination: Sidra Saeed Layout: AGLOW Graphics, Islamabad Copyrights: Friedrich Ebert Stiftung (FES), Pakistan Year of Publication: 2015
Cover Photo & Designing: Mona Elizay
ISBN: 978-969-9675-04-1
Author: M. Zahid Islam
Local Government in PakistanLocal Government in PakistanI ii
Democratic culture is not only manifested in elections, but should be regarded as a
continuous process of interactions between citizens, their elected representatives
and the state in its different institutions. In order to deepen democratic culture;
processes of deliberations amongst all citizens – regardless of their ethnic, religious
or political identities – are required. These are means to address the deficiencies of
the social contract, which is needed to find ways to a peaceful future of the country.
Since the 18th Amendment to the Constitution in 2010, a process of devolution of
power has been revitalized. Whereas many subjects have been taken up by the
different provincial governments with a lot of enthusiasm, the picture is less
optimistic regarding the system of Local Governments.
As a German Political Foundation committed to the values of Social Democracy, we
believe that democratic local governments constitute a crucial pillar in a truly
representative and inclusive political system. This is not only limited to managing the
lowest level of administration in terms of accountability and transparency, but can
also be extended to providing more spaces for initiatives in many core policy areas.
International examples have shown serious improvements in such important areas
as water, sanitation, education and health through participative systems of local
governance.
This book has been designed to analyze the system of local governments related to its
history, functions and other key features from 1947 until the beginning of 2015. Since
is a controversial subject that is moving at different pace in the provinces in 2015, not
all recent developments could be covered at the same depth. I sincerely hope that this
book becomes a useful tool and reference document for all citizens engaged in
deepening the processes of democratization and devolution of power in Pakistan. I
want to express my gratitude to Sidra Saeed, Programme Officer - FES for
coordinating this publication.
Philipp Kauppert
Resident Director
Friedrich-Ebert-Stiftung (FES) Pakistan
FOREWORDCONTENTS
Chapter 6: NEW DEVELOPMENTS IN RECENT PERIOD
Chapter 1: INTRODUCTION
Chapter 2: DEVELOPMENT STRATEGIES IN PAKISTAN
Chapter 3: KEY ISSUES IN GOVERNANCE
Chapter 4: BUILDING LOCAL GOVERNMENT INSTITUTIONS
Chapter 5: SYSTEM IN PAKISTAN
BASIC ISSUES REGARDING LOCAL GOVERNMENT
FOREWORD
NOTE FROM THE AUTHOR
FRIEDRICH EBERT STIFTUNG (FES)
SANGAT DEVELOPMENT FOUNDATION
69
01
07
13
19
57
ii
iii
v
vi
TABLE AND CHARTS 99
Local Government in Pakistan ivLocal Government in Pakistaniii
previous Devolution Plan but practically only Balochistan government had enacted in
year 2010 a new law of local government whereas other provinces could not even
formulate a new model till 2012, however they enacted new local government laws in
2013 but interestingly these governments could not hold new law in place and the old
system has been continuing with few amendments with sole powers to the
administrators, the state functionaries from civil services.
There might be certain reasons and motives behind 'junta's' move, but that is a
historical fact that we have had five democratically elected governments but not even
one of them has ever tried to introduce a new version of local government. Most of
these popular governments usually have maintained the old system introduced by
the military junta but with minor changes and without making any fundamental
amendments. However, during 1975 the PPP government had enacted a new Peoples
Local Government Act, but could not be enforced. Similarly, during 1996 the Punjab
government of PML-N also enacted a new law but Lahore High Court had declared it
against the spirit of the constitution. In basic framework both of these laws were not
different to previous models of military governments.
Besides these facts, the local government institutions always proved to be the best
primary institutions for political training. A large number of political activists came
from these local councils. It is a fact that mostly our sitting legislators are the former
heads or members of these local councils, who have been inducted into mainstream
politics after serving in these local councils.
In this book, I have tried to elaborate some key issues regarding local governance.
Moreover, to best of my efforts, short histories of local government development in
Pakistan and salient features of various models have been traced as well.
Some text of this book related to the history and issues of local government in
Pakistan has been taken from my previous book named 'Development of Local
Government in Pakistan (1947-2011): Issues, Perspectives, Proposals'. I have
collected maximum information from concerned circles but some information may
require more clarifications. Therefore suggestions and comments from the readers
will be encouraged. I am grateful to FES team in Pakistan for their continuous support
and guidance in developing this publication.
M. Zahid Islam,
Executive Director,
Sangat Development Foundation
NOTE FROM THE AUTHOROnce, a great thinker said, people make history but they could not make history
according to their ideals, there are always many constraints, hurdles and limitations
to turn their dreams into reality but they always are successful in achieving partial
positive results. This is absolutely true in case of Pakistan, our people's aspirations of
having a true democracy. Despite long term military dictatorships people's struggle
for a strong democratic government always remain in forefront of history.
Since the creation of Pakistan, we have many times democratically elected
governments but most of the time these popular governments have close linkages or
background support from the powerful state establishment who often had
intervened directly into the political arena of the country. The army in Pakistan has
seized power four times and has ruled directly and indirectly for more than half of the
total life of the country. Ostensibly, the withdrawal of junta rule was followed by
introducing representative democratic set-ups, where elected legislatures, cabinets,
political parties, an independent and relatively free press and other symbols essential
for democracy were visible players, but the objective reality of Pakistani politics
remained unchanged. The civil society plays little role in determining key policy
decisions, which are made elsewhere.
Local Government in Pakistan remains an area of prime concerns for the military
rulers. Each one of them had introduced one particular system that remained in
practice for a long period; even in the time of civilian government the system of local
government remains the same. For example, our early governments could not
formulate any system of local governance till 1958, when first dictator General Ayub
Khan had introduced a new system of local government; 'The Basic Democracy', that
had been in place for nearly two decades, till third military dictator Gen. Zia-ul-Haq
had changed it with a new one in 1979. In spite of the fact that during these two
decades, there was one powerful civilian government of Pakistan People Party, first
ever democratically elected popular government of Mr. Zulfiqar Ali Bhutto but
throughout its tenure the local government system was the same as of Basic
Democracy of the first martial law dictator. The system of local government
introduced by third military ruler Gen. Zia-ul-Haq had been in practice till 2000. Then
fourth military ruler Gen. Pervez Musharraf came to power who once again has
introduced a new system of local government, 'The Devolution Plan'. Very
interestingly that system is continuing till date in an amended form. Besides the fact
that all sitting federal and provincial elected governments have totally rejected
Local Government in Pakistan viLocal Government in Pakistanv
Friedrich Ebert Stiftung (FES)The Friedrich-Ebert-Stiftung (FES) is a German non-profit organization committed to
the values of Social Democracy. It was founded in 1925 as a political legacy of
Germany's first democratically elected president, Friedrich Ebert. To this day, FES
follows his mission to promote freedom, solidarity and social justice through the
political process in Germany and abroad
At present, FES maintains offices in over 100 countries worldwide, of which 15 are in
Asia.
FES Pakistan has been working in the country in cooperation with local organizations
since the 1980s. Its programmes aim at strengthening democratic institution from
national to local level; increasing the political participation of youth, enhancing
women's empowerment and gender equality; promoting free and professional
media; advocating social justice in the formal and informal economy; and enhancing
regional cooperation for peace and development.
Sangat Development Foundation SANGAT Development Foundation (SDF) Lahore was formed in 2013 by a group of
social and political activists to promote social democracy, peace, harmony, tolerance,
human rights, and for the empowerment of the most neglected and political
educators. Its main program focus aimed to promote an informed citizenry in
Pakistan and strengthening of democratic institutions. The SDF formally registered
with government department as a society in early 2014. Its founders have been
engaged with social sector for a long time. Their working in the fields of governance
related programs brought SDF one of the most active well-recognized and
acknowledged names in the area of local governance. The SANGAT Development
Foundation is a membership based society working in 10 districts of Punjab. SDF have
developed a large variety of I.E.C literature and training manuals, published by many
other civil society organizations. The SDF have set-up a Local Government Resource
Centre in order to facilitate the elected local government councilors and is publishing
a quarterly newsletter on devolution and local governance.
SANGAT Development Foundation envisions believes in struggling jointly to
establish a just society in Pakistan that is non-discriminatory, equitable and
democratic and that would ensure equal rights and opportunities for all citizens
irrespective of faith, gender, race and ethnicity in order to live without any
harassment and prejudices, having full freedom of expression, association, moving
and adapting any profession according to own will.
Sangat's core values include neutrality, inclusion, integration, transparency,
accountability, robust methodology and non-discriminatory practices.
Local Government in Pakistanvii
INTRODUCTION
Chapter 1
Local Government in Pakistan 3Local Government in Pakistan2
The local government system is not a new concept in Pakistan. Although the old
colonial masters introduced some other form of local level governance in the
eighteenth century, but the Great Mughals were the first who had introduced
'Zamindari (Zamindari from words “zamindar on the Indian subcontinent was an
aristocrat, typically hereditary, who held enormous tracts of land and held control
over the peasants, from whom the zamindars reserved the right to collect tax.)
system' in the Sub-Continent, which was a primitive form of the local governance.
They incorporated villages as an administrative unit. They also had nominated
Zamindar chiefs to collect revenue on behalf of their kingdom. They formed early
'Panchayats'(an elective village council) with nominated members from elders of
Zamindar families of one particular area.
These were designated with following functions:
?Maintain law and order in the area of their control
?Perform some judiciary functions
?Provide security to the property and life of the residents
?Work as law enforcing agency
?Facilitation in collecting revenue for the government
?Provision of some social services as drinking water, etc
Besides these socially engineered arrangements, there were some sort of other tribal
formats, like 'Jirgas' composed of the chiefs of residing tribes and ethnic entities. The
major functions of these Jirgas were settlement of disputes and defending their
common interests, but to some extent a few municipal and local administrative
functions were also included in their compulsory obligations.
The East India Company had introduced first form of formal local institutions in 1688
by setting up Municipal Committee in Madras now called Chennai. After 1765, the
company virtually gained both the rights of collecting revenues and running civil
administration in Bihar, Orissa and Bengal, and then they started institutionalizing
governmental set-ups.
There is not any standard definition of local government. In some countries this is an
important tier of governance at grass root, whereas in other countries local
government institutions are considered merely an administrator arrangements to
perform some of the government tasks at local level. However, local government
institutions are the administrative units in a larger governmental frame. Their
functions, roles, and responsibilities are not similar to state institutions but to redress
daily needs of common people, more particularly local government institutions
usually perform municipal functions. There are many terms to identify local
government institutions, such as, counties, communes, perish, municipal
committees, districts, towns, unions, local boards. In Pakistan we had local Boards,
local Bodies, local councils, local government institutions, etc. There are many types
but similar forms, the form of people's self-governance over a particular geographic
area.
In political science, local government is considered as semi-government institutions,
self-governed by the residents and functioning under federal, central or country
government through some directives, regulations and legal bindings. In other words,
local governments do not possess sovereign powers over that territory under their
control but these should be subjected to any larger government framework.
The real concept of local government can be well explained by the founder of local
government in India, Lord Ripen, “These councils will serve as the school of
democracy”. To a great extent, it has been proved true. The local councils are the
primary institutions to ensure participation of the residents of a particular locality,
under their own supervision, to regulate all aspects of their routine daily life. Through
participation in elections, and later by engagements in various functions or activities,
carrying out by local level government institutions with regard to people's everyday
needs, these institutions may serve as model training schools for the citizen to learn
the skills of self-rule. Besides solid information and knowledge about the functions
and responsibilities of local councils, we can assume that every local council is a form
of the government of a particular area, which provides people with necessary civic
CONCEPT OF LOCAL GOVERNMENT TRADITIONAL SETUPS AND EMERGENCE OF MODERN LOCAL GOVERNMENT
TRADITIONAL SETUPS AND EMERGENCE OF MODERN LOCAL GOVERNMENT
Local Government in Pakistan4
The company took complete control of Punjab after defeating Sikhs in 1849. They
tried to maintain old system of Punchayats with some modifications to it. The old
Zamindars were awarded property rights of land in their possession against their
various services to the company but at the same time small holders of land and the
cultivators were also provided new opportunities to interact with the rulers without
intermediaries. A new system called 'Ryotwari' was introduced and 'Lumberdars'
were inducted into on-going local governance practices. These Lumberdars were
nominated officers to collect revenues and responsible to cooperate with authorities
to run local administration. The main objectives of these types of institutions
remained to collect revenues and to maintain law and order at local level.
After the mutiny of 1858 it became difficult for the company to maintain law and
order, therefore it became inevitable to share power with local people. That was the
period when local governance started to take its shape. In the background of
distressed political situation of India, the traditional local level administrative
arrangements throughout the country had remained relatively under-developed and
continued in a primitive nature until 1881.
In the year 1873, the Punjab Municipal Act was passed. According to that act, for every
town a committee comprising of 5-7 members was proposed. The main functions
were to maintain city roads, streets and provide municipal services to the residents of
urban centers. Members were not elected but mainly nominated whereas they
usually elected their heads.
During 1882 Lord Rippon had proposed to set up local boards for district level
administration. In the next year Punjab District Boards Act was promulgated and
enforced in 21 out of 31 districts of Punjab. That act provided three tiers of local
governments in rural areas. First tier were district boards set up at district level
comprising of 6 members, mainly nominated, later on some were elected. Second tier
were the 'Zails', formed by joining adjacent villages into one Zail. Third tier remained
the 'Punchayats' at village level. Contemporary urban councils were municipal
committees in main city centers. These were the first generation of local government
institutions in the areas called Pakistan now. Next decade showed further
institutional development in this regard. Much new enactment was witnessed to
streamlining of various tiers of local institutions.
Local Government in Pakistan 5
During first decade of 20th century, these newly formed local governments could not
flourish. On the recommendations of Royal Commission on decentralization, in 1907
the 'Punchayat' Act was passed. Under that act, Punchayats were empowered to hear
certain sort of civil cases. During the next decade, additional legislation was
developed to set up local boards and towns in Punjab and Sindh. After the World War-
1, the nationalist movements in India had gained momentum and the British were
compelled to adapt more reformative measures in governance system. They had
given more powers to local government institutions and this subject was transferred
to the provinces. During 1911, Municipal Act was passed and that was the legal
framework of working municipalities in Pakistan till Basic Democracy introduced in
1959 by the first martial law ruler, Ayub Khan.
DEVELOPMENT STRATEGIES IN PAKISTAN
Chapter 2
Local Government in Pakistan6
Local Government in Pakistan 9Local Government in Pakistan8
During the last 67 years we had adapted various multi-pronged strategies in order to
boost our socio economic developments. All these strategies had worked in either
ways but these affected the natural pace of building local government institutions.
It was the first program financed from abroad and aimed at the following:
To enhance basic services to the rural communities, such as health, education
and water supply
To facilitate rural population in order to raise their income through provision of
vocational trainings and other related means of cottage industrialization, etc
To encourage self-help initiatives and promotion of self-governance at
community levels
To coordinate different government departments and tiers in the overall process
of development
To create such conditions that would encourage well-being of people and higher
development of men and women through social welfare and other recreational
activities
In order to achieve above mentioned objectives, various programs were launched at
all levels of governance. Although Village Agricultural Industrial Development
Program was not directly linked with local government institutions of that time, but
all of its activities were carried out through local government institutions at grass
root. Its national level administration was with the central ministry of health, there
was formed an advisory committee comprising secretary of the ministry of economic
affairs as the convener and representatives of other ministries of health, agriculture,
social welfare, education and public works were its member while the chief
administrator was ex-office secretary of that advisory committee. There was a
1. FOREIGN FUNDED PROGRAMS
Village Agricultural and Industrial Development Program:
(Village AID) 1952-54
hierarchal set up of V-AID but the operational area was called the development area
based on 15 villages in a district. In West Pakistan, 30 V-AID workers were placed
including 5-10 women workers. In order to improve people's participation in each
development area, the village councils were set up with 6-10 members elected by
local villagers. These were not statutory bodies but to act as steering committees. In
addition, youth clubs were formed everywhere in the development areas named
Chand Tara Clubs. The program had facilitated in promoting new techniques in
agricultural and health sectors, but it also involved people in running their local level
governance related process. At the same time that approach influenced in making a
thought of dependency on foreign aids while indigenous means of development
become too marginalized.
That programe was launched in July 1952 with similar development methodology
aimed at improving life in rural areas. Under the program a group of 50-60 selected
villages was proposed where a comprehensive and integrated series of efforts were
deployed in order to enhance infrastructures facilities, new techniques in farming,
introducing new seeds for cultivation, encouraging more inputs in agriculture, more
credit schemes, water and irrigation betterments, better storage facilities were
supplied by various sources. The main objective was to enhance an overall living of
local residents. Constructing roads building in rural areas, 'Farm to Market' slogans
were on the top of the agenda. Under the program formation of the farmer's
cooperative societies in each village and joining these at 'Markaz' (Central) level was
significant development in respect of self-governance.
In order to boost agricultural outputs, the concept of model farms was introduced.
That was a two- tier system consisted of 'Dehi-Karkun'(village worker) in place of
development officers under previous V-AID. The main objective was to motivate local
community and push them in order to involve them in modernization process so that
their living could be improved. That was a strategy primarily based on the
development through provincial or federal government grants.
Integrated Rural Development Program (IRDP): 1952-
1954
2. PEOPLES' WORKS PROGRAM (PWP) : 1972 -
Local Government in Pakistan 11Local Government in Pakistan10
1975
3. INTRODUCING THE IMPROVEMENT TRUSTS
AND DEVELOPMENT AUTHORITIES
That was another program originally introduced by previous government but re-
formulated by Zulfiqar Ali Bhutto's government in 1972. The program started
simultaneously with IRDP (Integrated Rural Development Program) but the major
difference was, that IRDP was such program totally sponsored by the government
whereas Peoples' Works Program was based on community participation in project
financing too. Under PWP mainly infrastructure development was focused in rural
areas, many small roads and ways were constructed in partnership of local
communities. The project was based on labor-intensive approach that had promoted
community volunteerism. The government was responsible to provide technical skill
and know-how with partial financing facility.
Both of the above strategies had contributed positively in mobilizing local
communities in implementation of their local level developmental projects, to some
extent a large number of local level activists were identified. Moreover, the
community developmental phenomena also contributed in laying down the
foundations for strong local level institutions. But on the other hand these processes
were influenced negatively on building strong institutions of local governments
rather than local government was ignored and parallel means were flourished. That
approach has been visible throughout our recent history.
During military governments more emphases was on induction of local government
models with people's participation in local governance. Their real motives were to
provide people a new sphere of political activity bypassing traditional political
parties. Through that strategy all of military ruler were able to identify successfully a
new generation of political leadership whom they had much influence. In order to
strengthen that new leadership the military government had put more thrust in local
government institutions. They kept on patronizing local government in first few years
but when achieved a reasonable support from other political circles, all of military
dictators had shifted their favoritism to other side. The political leadership came to
power after down fall of every military government so each time history had
witnessed similar happenings, each democratic government who took over power
after military dictator always tried to abolish local government institutions
constituted by the military dictator. At that juncture these civilian democratically
elected governments as first stance always terminated elected local government
represented and adapted such strategies by which local government could be
undermined. Thus the idea of setting up these improvements trusts and forming
specialized development authorities came to the forefront. These trust and
development authorities are being run by the government officials without involving
local residents at any level, so its functioning remain smooth and steady because of
the facts that the ways of planning, assessing real needs, implementation of projects
and other activities do not acknowledge the real aspirations of local residents,
therefore decision making has been always easy depending on some key officials and
the popular government usually like that type of obedience.
Existence of these development authorities and the improvement trust in the past has
undermined the importance of local government institutions. During previous
government when these development authorities were under control of district
'Nazimeen' (elected heads of district) but the district councils were not able to access
directly to these authorities whereas the main functions were under their control.
During Zia-ul-Haq government a nominated 'Majlis-e-Shoora' (An advisory council or
consultative council) was constituted, comprising political personalities , few
student leaders and some selected individuals from local government institutions.
Majority of them were relatively new entrants into the mainstream politics, whereas a
large numbers of political parties were in opposition. In that scenario, the Majlis-e-
Shoora members needed more support in their constituencies; therefore the military
government initiated system of grants. According to that a lump sum amount was
fixed to be utilized in a particular constituency for any developmental work but upon
the Shoora members advice. The grant was named 'Members Grant' and after Zia-ul-
Haq's downfall was termed as Parliamentarian Grants. Each and every
parliamentarian utilized these special grants in their constituencies bypassing
existing local councils. That practice now has converted as privileges of the
parliamentarians, ostensibly it seems a normal practice but its consequences are
4. DEVELOPMENT THROUGH LEGISLATORS
AND SPECIAL PACKAGES OF THE RULERS
Local Government in Pakistan12
KEY ISSUES IN GOVERNANCE
Chapter 3
Local Government in Pakistan 15Local Government in Pakistan14
Over Developed State Establishment
Stereotype Elected Governments
Pakistan is one of those countries, which inherited imbalances between civil society
and the state-establishment as the logical outcome of their colonial past. These were
the countries, where civil society is less developed as compared to an over-developed
state establishment. Particularly, in Pakistan, the growth of civil society has been
forwarding slowly and occasionally, its evolutionary process was many times
interrupted by the state-establishment. Moreover, our system of governance was
usually designed by the state-establishment. The only exception was the adoption of
our constitution, which is a considered achievement of our civil society, but overall
attitude of our state-establishment towards our constitution has remained
derogatory. One could observe without being prejudice that our state-establishment
has never showed content responses towards the constitutional practices. Apart from
these weaknesses of our civil society, the civil society organizations have been playing
a crucial role in empowering people in general. Now the situation is not the same as it
was in 1977; civil society is gaining power day by day.
Since the death of our first Prime Minister; Mr. Liaquat Ali Khan, most of our early
political governments had bowed to the authority of the state establishment. The civil
and the military authorities remained the key actors playing decisive role in overall
governance of the country. Mr. Zulfiqar Ali Bhutto was the first PM who had tried to
challenge the absolute authority of state-establishment and to some extent he had
curtailed them, but he was also dependent on some sections of bureaucracy to
suppress his political opposition. Mr. Nawaz Sharif also attempted to curtail the
powerful establishment, and also ignored the people's power and used another
faction within the establishment.
Half of our country history has witnessed military dictatorships, whereas the rest had
been governed by the elected civilian representatives. In either ways, the country was
run in such a manner that was not much different in real sense with those of military
styles. Each military dictator came to power by full support of entire army but after a
short period, all four military dictators had to face some sort of confrontation within
their own circles, and each one of them had shifted thrust upon a new group of civilian
allies. After fall of every military dictator, general elections were held and as a result
elected civilian rulers came to power but their governing style remained similar to the
predecessors. Their close supporters and aides had later on disowned them and tried
to disassociate from them after a short time. Because of that practice national,
provincial and local level governance was always affected badly. To some extent
national level system survived due to some external compulsions whereas, local
governments could not be sustained. Each military ruler claimed local government
system as real democratic institutions at grass root level but after consolidating his
power, each one had ignored it. Their main thrust shifted to national and provincial
assemblies. However, local government institutions had become a medium of
discovering new leaderships who emerged later on as national leaders. On the other
hand, every elected government never showed interest in bringing any new concept
in local government system. They always have shown reluctance in holding elections
to local councils. For example, existing governments have rejected district
government system immediately after taking power and have made minor
amendments in the law of 2001, but till now they did not bring new law in its place till
2012.
It is unfortunate that whenever our civilian political forces had the chance to govern
the country, our political leadership usually ignored the democratic principles and
the core values. Instead of empowering civil society they always strengthened state
institutions by ignoring the citizens. Most of our rulers have tried to remain in
government by getting absolute powers in their hands. As a result we Pakistanis do
not have a true concept of local self-government, decentralization and participatory
democracy always remains as sweet dreams. On the contrary, military rulers had
developed the prevailing local government system but each time they have their
ulterior motives behind. During the late 90's, the local government institutions had
been highly centralized, either run by the nominated administrators, or by elected
representatives but totally controlled by the state authorities. The provincial
governments usually have tried to place local councils in suspension or working with
improper functions, misusing and exploiting the resources of the local governments.
During the last tenure, government had tried to revert the old traditions by
introducing new form of local government. But its new idea had same strategy, that is:
initiating a reformative system of devolving powers by highly centralized mechanism.
Highly Centralized and Controlled Local
Government System
CONCEPT OF LOCAL GOVERNMENT
Local Government in Pakistan 17Local Government in Pakistan16
mentioned in chapter 2, “Principles of Policy”. It is stated in Article 32: “Promotion of
Local Government Institutions; the State shall encourage local government
institutions composed of elected representatives of the area concerned. And in such
institutions special representation will be given to peasants workers and women".
Similarly in chapter-3, “The Provincial Governments” Article 140-A was added firstly
through Legal Framework Order of 2002 and then by the 18th amendment to the
constitution, it states that “Each province shall, by law establish a local government
system and devolve political, administrative and financial responsibility and
authority to the elected representatives of the local governments”. After the 18th
amendment in 1973 constitution, each province is bound to establish by law a local
government system and according to sub-section-1 the Election Commission of
Pakistan has been empowered to conduct local government elections.
For all those areas, which fall under the jurisdiction of federal government, there are
separate local government laws for each of them but enacted by the federation. The
Islamabad Capital Territory (ICT) never had local government institutions except for
the union councils in rural areas. In 2002, National Reconstruction Bureau (NRB) had
proposed a law for the capital city but federal government did not agree on it, that was
an issue of conflict between NRB former chairman and the Chief Executive Officer
(CEO) of the government, but under pressure of the Supreme Court a new law was
enacted in 2013 but could not be enforced. For all cantonments of Pakistan we have
'Cantt Boards' constituted under Pakistan Cantonment Board Act, 1924. According to
that act a sitting army officer; usually the station commander is the president while
elected person is vice-president. For the last many years there is no elected
representation, but that again is the apex court that compelled ministry of defense for
modified enactment. In the Federally Administrated Tribal Areas (FATA), at the
moment there are not any elected local councils but there is a separate law. In Azad
Jammu and Kashmir (AJK), there is an older law and in Northern Areas (now granted
autonomy by instituting autonomous status and changing its name to Gilgit-Baltistan,
a local government law has been enforced which is a copy of local government system
of 1979.
After every martial law in the country, the dictators tried to get some legal and
constitutional coverage. Under same legal coverages, the local government system
was sustained for some time, but as soon as the legal bindings were over local
government system could not be sustained. The previous federal government under
Gen. Pervez Musharraf had protected local government system 2001 and put it under
protection with conditions of obtaining prior consent of the president of Pakistan
The slogan raised at that time was “devolution of power” whereas, they were
devolving powers through centralized supra constitutional apparatus; the National
Reconstruction Bureau (NRB).
'Decentralization' and 'Devolution' are the terms that need some clarification.
'Decentralization' is the break-up of power to the subordinate departments from top
to bottom and 'Devolution' is the form of a government based on sharing power with
lower tiers. Traditionally, local government is considered a major form of
decentralization of powers to lower tiers called counties, the districts or the towns. In
these setups overall authority vests with central or federal governments whereas
local level institutions are delegated with some powers. In some of the developed
countries local government is a specific form of government functional at grass root
level, which reflects devolution of powers in its true meanings. In those countries
functions of various tiers are defined separately. Since Pakistan is a federal republic,
devolution of power and authority is necessary to maintain equilibrium amongst the
federal governments and its federating units. Unfortunately, the federal government
in Pakistan during military rule has turned into a central government and it was
superseding in total authority. In the original version of the Constitution of 1973, the
subject of local government had never been mentioned neither in the federal lists nor
in the concurrent lists. This meant the provinces have exclusive right to legislate
about local government but every time federal government developed a particular
model and asked provincial government to legislate accordingly and they, federal
government tried to maintain a supervisory role in their hands. Thus, as a result local
government's institutions remain as local departments just to execute the orders of
provincial governments. In Pakistan people do not seem to notice the presence or
absence of local government institutions. This was mainly due to alienation of the
people in running of local institutions.
According to the Constitution of Pakistan, the subject of local government is
Decentralization in Authority & Devolution of
Powers
Legal and Constitutional Status of Local
Government
Local Government in Pakistan18
BUILDING LOCAL GOVERNMENT INSTITUTIONS
Chapter 4
before any amendments to be made by any provincial government. Local government
laws are placed under clause 27-30 of the 6th Schedule of 1973 constitution, but that
bar has been over by the end of December 2009.
Local government related issues are the most neglected and less important agenda of
our mainstream political parties. None of the parties has any clear-cut official
position on key issues in local governance. Besides the fact that some of the parties
have lot of stakes in local government elections, there is not mentioned too much in
their manifesto about related electoral issues. Our history shows that whenever a
political party got a chance to gain power, efforts to strengthen local government was
not their first priority; instead it delayed fresh elections of prevailing institutions. For
example during the government of Mr. Z. A. Bhutto, the first ever elected governments
in the country local government elections were never held during his 7 years tenure.
Similarly, in 80's and 90's government run by Pakistan Peoples Party (PPP)
maintained the previous record of not holding local government elections. Till date,
there are only two elections held during regimes of Pakistan Muslim League- Nawaz
(PML-N) the second largest political party. Contrary to that, the military governments
have maintained continuity in holding local government election at specified
intervals. More interestingly every time as a first reaction many political parties had
rejected the proposition of holding local government elections but later on each one
of them had issued tickets to candidates irrespective of the elections were held on
non-party basis. Whereas, some of the parties that passed local government laws also
advocated and recommended non-party elections.
Besides that casual attitude, there are more serious concerns that should be debated.
The prevailing political culture does not reflect democracy in true sense. The misuse
and abuse of power is very common. Awarding of party tickets for elections and
nominations as candidates is not a transparent method that needs more restrictions
on nepotism in that process. Finally political parties should debate and develop a
model of local governance in the framework of their party ideology and the
manifestoes should be consisted of something new about local government not
merely as slogans, but in depth an elaboration to governance fundamentals.
Party Politics and Political Culture
Local Government in Pakistan 21Local Government in Pakistan20
After the creation of Pakistan, some cities had municipal committees and cantonment
boards, whereas there were many district boards in the rural areas. The 'Punchayat'
system was also in vogue at the rural level in the Punjab and Sindh, which was
governed by the laws formulated during pre-partition days. In Balochistan, there
were two different systems; some of its area was under the British control pre-
partitation, while other parts of the province were under administrative control of
some independent states – Kalat , Kharan, Makran and Lasbela, whereas, the tribal
areas of Mari and Bugti tribes were under their own traditional set ups. There were
two separate systems of local governance. In British Balochistan, there were
Municipal Committee and Cantonment Board in Quetta and a few 'Bazaar areas'
similar to town and Tehsil Committees, and in independent states and tribal areas
'Sardari, and 'Jirgas' system were placed similar to the 'Punchayats' in Punjab and
Sindh.
A comprehensive rural and industrial development program called 'Village A.I.D
Program', was launched in 1952-53, which resulted in the improvement of local
bodies. However, the existing local government system came into being during the
period of Field Marshall Ayub Khan, who had promulgated the Basic Democracies
Ordinance, in 1959, and Municipal Administration Ordinance, 1960. Under these
laws, 80,000 Basic Democracy members were directly elected throughout the
country. Later on, these members also served as the Electoral College for the election
of the president
In 1960, military rulers had introduced Muslim Family Laws and in accordance to
these laws in the year of 1961, the chairmen of the local councils were also given
reconciliatory legal power. Furthermore, under the same law of basic democracy,
various institutions were established at three levels: Union Councils were formed
after putting together several villages, and, in cities, union committees were formed
on the basis of several electoral wards. Similarly, town committees in small towns,
'Tehsil' council at tehsil level, and the municipal committees and the corporation at
city level were formed. District council at district level covering entire rural area of the
district and divisional councils in every division were also formed. Besides, directly
elected 80,000 BD members and 40,000 each from East Pakistan and West Pakistan
(presently Pakistan), there were other members of these bodies who were either
nominated by the government or were government servants.
In 1970-71, the geographical map of Pakistan underwent a change. Firstly, One Unit
and the legislatures.
was abolished and five provinces were created or restored; then the country had a
general election, and later it had divided into two countries. Pakistan was left with
four provinces on the western part. The new government in 1972 did legislate for the
local bodies, and People's Local Government Act was approved. In 1975, Punjab Local
Government Act replaced the previous law, but during all these years no local
elections could take place under these laws.
Then new military regime took over in 1977, and Local Government Ordinance was
promulgated in 1979. Four elections took place under this law. In early 1996, Punjab
and Sindh Assemblies repealed these ordinances and new law, Punjab Local
Government Act, 1996 and Sindh Local Government Ordinance (amended 1996)
were enforced. Fresh election could not be held under these laws. The last
government, however, cancelled these laws, as soon as it had assumed power, and
revived the Local Government Ordinance, 1979, which was further amended in the
beginning of 1995. During 1996, some interesting developments in Punjab and Sindh
had shacked normal political life when new government came to power. Mr. Manzur
Watto as chief minister of Punjab had introduced a new bill in the assembly and a new
“Local government Act 1996”. Tthrough another ordinance Shehbaz Sharif's
government had introduced the 'Punchayat' system in Punjab as the local
government institution. Since Punchayats were not elected bodies, it was challenged
in the Lahore High Court. The court declared it ultra vires, and the old system was
revived.
In May 1998, Punjab government held elections for all the urban councils while the
union councils remained under administrators' control. In Balochistan, election to all
local councils was held in the same year with a substantial increase in women's
representation. In Sindh and Khyber Pakhtunkhwa (KP), election could not be held
due to some political reasons. The last government of Mr. Nawaz Sharif had
announced local council elections in the Northern Areas in November 1998. And new
local government councils had been elected in these areas. During 1998, PML-N
government abolished century long system of Octroi tax and instead General Sales
Tax (GST) was introduced which was collected at the federal level and a contribution
from that equal to the tax money of a local council was collected on 1st July 1999 paid
to that local councils. The new GST system increased financial dependences of the
local government upon grants from provincial and federal governments. On the other
hand tax base was enhanced in case of Octroi tax, only consumer was paying the tax
while after imposing of GST everyone had to pay that tax. During that period local
government functioning was badly affected mainly because of dictatorial and
centralized state of affairs done by provincial governments through other state
arrangements parallel to that of local governments. Interventions into some key
matters relating local governance by the parliamentarians were created some sort of
confrontations. However, government had encouraged women participation by
doubling the number of reserved seats in all tiers of local councils. During that period
LG elections were held in Balochistan only.
On October 12, 1999 the armed forces revolted and the prime minister was replaced
by the commander-in-chief. As a result General Pervez Musharraf took over the
power as chief executive of the government. After consolidating his control, he
announced a ban on all elected representatives including parliamentarians and local
council's heads and members. On 23rd March, 2000 he introduced his famous
'Devolution Plan' based on a new system of local governance. That was really a new
addition in governmental development which aimed to abolish the centuries old
system of magistracy and the rule of bureaucracy. Practically more opportunities for
citizens involvement was proposed, such as participation, monitoring and
contribution. This system was welcomed by civil society while many political parties
rejected it. But it was thoroughly discussed everywhere, nearly in all big cities and
towns public level debates were very significant during 2000-2001.
On 7th October 1958, president Mr. Iskander Mirza abrogated the 1956 constitution
and Martial Law was imposed. He appointed commander-in-chief ; General Ayub
Khan as the Chief Martial Law Administrator, who ressumed president office on 27th
October 1958. In a media broadcast to the nation he said, “Let me announce in
unequivocal terms that our ultimate aim is to restore democracy but of the type that
people can understand and work”. That was exactly the concept of Basic Democracy,
which was introduced on 2nd September 1959. Soon after promulgation of the Basic
Democracy Order in October 1958, the process of delimitation on electoral
constituencies was started. First elections of BDs were held in various phases from
26th December 1959 to 9th January 1960. The system of Basic Democracy provided a
multiple tier local government structure. 8,464 rural councils and 1,100 urban
councils were formed. A seperate law for urban councils, Municipal Administration
Ordinance 1960 was promulgated which repealed the century old laws regarding
Basic Democracy by Ayub Khan (1958-1971)
municipal corporations and municipalities in various towns. First action by these BD
councilors was passing vote of confidence to the president. These local government
Local Government in Pakistan 23Local Government in Pakistan22
There were town committees in small towns having more than 10,000 population.
The chairman of the committee was elected by the members and members were
elected by the voters of that town comprising 10-15 members of each town
committee was assigned municipal administration in towns similar to the Municipal
Committees.
Tehsil Councils and Thana Councils were constituted at Tehsil level. These were
indirectly constituted bodies. All chairmen of union councils and the town
committees were ex-officio members of Tehsil councils. In addition all heads of
government departments operating in that particular Tehsil were also members of
Tehsil councils while Tehsil officer, titled as Tehsildar was its chairman. Tehsil council
was basically a coordinating council and had no executive authorities in any aspect.
The main function was to discuss the issues of mutual interests and to finalize a
common plan of action. Tehsil was not empowered to levy any tax, instead district
council was responsible to provide necessary funds for its functioning.
In urban areas, every municipality was consisted of chairmen of union committees
and some of government functionaries from line departments while chief officer in
MC was the chairman. Most of these chief officers were ex-secretaries working in
municipalities since the creation of Pakistan. Municipalities were mainly responsible
to administer all municipal services to residents. These were building controlling
authority in cities, were empowered to levy certain taxes and authorize to impose
penalties and fines on violation of certain acts. Total functions were consisted of 73
heads. That were stated under nine sub-heads including: town planning, education,
water supply, medical relief, disposal of refuse, public safety, social welfare,
prevention of nuisance, coordinating activities of union committee and firefighting.
District Councils were set up in each district and was comprising of all heads of
government departments in that district and a few elected members from chairmen
of UCs and TCs, municipalities. Their election was held through balloting in an
electoral college consisted of all chairmen of UCs and TCs in that district. Its functions
Tehsil and Thana Councils
were divided into two categories (a) obligatory (b) optional.
A total of 28 obligatory functions were included: development works in rural areas,
building public ways, roads, bridges, public health centers, reading rooms and
libraries, sanitation and water supply in rural areas. Other optional functions
included forming cooperative societies, cultural activities, distribution of agri inputs.
District councils were empowered of taxation on various heads, levy tolls, fees and
surcharges on property transactions.
There were Divisional Councils in each division. That were comprised of three
categories of members (a) officials of line departments, nominated by provincial
governments (b) elected representatives from district councils, municipalities and
from cantonment boards situated in that division and all elected chairman of all DCs,
municipalities were ex-officio members. Its chairman was the commissioner of that
division. The main function was to coordinate between all local councils and the
government departments and to develop an agenda of mutual interest. In addition to
that, divisional council was responsible to address any conflicts and disputes among
its member agencies.
Elections were held twice after every four year, once in 1960 and then during 1964.
Constituencies were delimited on the basis of wards in towns and in the cities,
whereas in the villages there were unions comprising of two or more villages but not
exceeding a total population of 30,000. Law prohibited double membership of any
councilor. To conduct elections the government constituted an Election Authority.
Voter's qualifications were the same as present but the age limit was 21 years.
The system of basic democracy was legally a local government system but that was
contrary to the core essence of local self-government because the BD system was a
guided system where supreme authority was the president himself. Government
control was absolute in true meanings. From performing functions to taxation
Elections
Government control and beyond
Local Government in Pakistan 25Local Government in Pakistan24
procedures, everything was guided and advised by the state functionaries. Since that
system was introduced in the arena when institutionalization of governance was on
the top of the agenda, therefore, BD system worked for 4-5 years but presidential
elections in 1965 and after Pak-Indo war disturbed its smooth functioning and after
Tashkent Agreement down fall of General Ayub Khan had badly affected BD system.
Soon after taking oath as first ever civilian in 1972, Martial Law Administrator Mr.
Zulfiqar Ali Bhutto abolished Basic Democracy System and promulgated an
ordinance 'Punjab People's Local Government Ordinance' ordinance VIII of 1972.
That was declared interim arrangements. It was also stated that a special committee
would draft a new bill for people's friendly local government system. Practically
nothing was new in the said ordinance except powers of state functionaries to appoint
administrators to decade old local bodies. More interestingly these administrators
were mainly the party workers. After enforcement of the constitution on 14th August
1973, Mr. Z. A. Bhutto formed another committee to develop a model local
government system. That team had worked a lot and drafted new law, and Punjab
governor promulgated “Local Government Ordinance 1975” but that ordinance was
not introduced in the assembly and after 90 days that ordinance was expired. That
happened only in Punjab whereas other provinces were exercising old law of 1972.
Finally, in 1975, new law was passed.
The structure of this system was very simple having two types, (a) Rural councils
consisting of a Dehi Council for each village, Halqa Council for a group of many
villages, Zila Council for each Zila (district), and (b) Urban councils consisting of,
Mohallah committee for each mohallah (an area of a town or village), Municipal
committee for each city exceeding a population of 20,000 to 800,000 and municipal
corporation for each city with a population of more than 800,000. The basic
framework and functions were the same as of the Basic Democracy but two additional
Peoples' Local Government by Z. A. Bhutto (1972-
1975)
Salient features and Structure of People's Local
Government System 1975
tiers were introduced. Elections were proposed on non-party basis.
There were Dehi councils in rural areas and Mohallah committees for urban areas.
The number of members was according to the strength of population. The number of
members could be 7, 9 and 11 according to the population. In case of Dehi council the
members elect their chairman and the chairman becomes a member of Halqa council.
In case of Mohallah, a member was returned to municipal committee who would
become chairman of Mohallah committee. Peasant's and tenant's representatives
were equal to one-third of the total number of members elected on general seats and
at least one member represented each category.
All chairmen of Dehi councils were members of Halqa council. It means Halqa council
was formed indirectly. The Halqa councils mainly were the local councils for rural
areas. In order to build up local government set up at this level it was necessary that
Halqa councils should be elected directly. In fact, in 1975 Act the tier of union councils
was divided into Halqa and Dehi (village) councils. Peasants representatives were
equal to 20% of the total number of members other than members representing
minorities and other special interests and only one member was taken from each
category.
Zila Councils were formed on the basis of Halqa councils. All the chairmen of all Halqa
existed in one Zila were ex-officio members of Zila councils. The members of Zila
council were equal to number of Halqa councils in that Zila. Halqa council performed
dual role, a constituency for the Zila and an area of local government. Peasants,
minorities and tenants were given representation equal to 5 % of the total number of
members other than members representing minorities and other special interest
groups and only one member was taken from each category. Women and workers
(a) Dehi Councils and Mohallah Committee
(b) Halqa Council
( c) Zila Council
Local Government in Pakistan 27Local Government in Pakistan26
each were equal to 5% of the number of members elected to general seats.
The number of members of municipal committees was equal to number of mohallahs
in a municipality. In that case members were fixed on the basis of population and
stipulating that a member supposed to be returned to the municipal committee from
that mohallah. Workers representative were equal to 5% of the total number of
members elected to general seats. Women councilors were equal to 5% of the total
number of members elected to general seats with a minimum of 1 and maximum of 5
councilors.
Municipal corporation was consisted of such number of members as may be fixed by
the government on the basis of population that was 5 members for a population of
100,000. Since municipal corporations were formed in those cities where population
was over and above 800,000 then membership was ranging from 40-100 members or
more for Karachi and Lahore. Workers were given representation in these councils
and their representation was equal to 5% of the total number of members other than
members representing minorities and other special interests with a minimum of 1
and maximum of 5 councilors. The municipal corporation at that time had adequate
source of income whereas other local councils were dependent mainly on
government grants.
In all these local councils special representation was given to women, workers and
peasants. 5 % women representation was only for Zila and Urban councils through
reserved seats whereas workers representation was only in urban councils. Similarly
peasants representation was fixed in rural councils. Moreover, in rural councils
peasants were represented not on reserved but on general seats, meaning candidates
compulsorily belonged to peasants on those seats. Besides all these no appropriate
(d) Municipal Committee
e) Municipal Corporation
Special Representation of Marginalized
Communities
representation was given to minority population. Reserved seats were available for
them in urban councils but their number was not fixed but that was upon government
Local Government in Pakistan 29Local Government in Pakistan28
The members of Zila council elected from the Halqa were to be a member and ex
officio chairman of the Halqa council. Similarly in municipal committee the member
elected from Mohallah committee is to be a member and ex officio chairman of the
Mohallah committee. Elections could not be held under that law; however elections
were supposed to be held on the basis of adult franchise and through secret ballot.
The electoral unit was either multi-member or single member. Every voter within an
electoral unit had one vote irrespective of the number of candidates to be elected from
the electoral unit.
Government had constituted a Local Council Election Authority for conducting
elections to the local councils. Electoral rolls prepared for the elections of members of
Provincial Assembly as amended from time to time and as, adapted or adopted for
local councils were the electoral rolls for the elections to the local councils.
Any person not less than 21 years of age on the last day fixed for filing the nomination
papers was qualified to be elected as a member of local council, but condition was to
be registered as voter in the electoral rolls of the local areas of that local council. A
person was disqualified to be a candidate or a member of a local council: If he/she has
ceased to be a citizen of Pakistan. If he/she has an undercharged insolvent; If he/she
is of unsound mind and has been so declared by a competent court; If he/she has been
on conviction for an offence involving moral turpitude sentenced to imprisonment for
a term of not less than six months, unless three years have been elapsed from the date
of expiration of the period of the sentence; if he/she was in the service of Pakistan or
of a Public Statutory Corporation, a local council or other local authority; If he/she
falls under contract for work to be done or goods to be supplied to the local council
concerned or has otherwise any pecuniary interest in its affairs; In case of
membership of the city corporation he/she should be a member of any of the
municipal committees.
Market committee was of 2 years term. Municipal committees and Halqa councils
were responsible for the establishment of farm markets within their area, and in each
c) Qualification of candidates and members
Market Committees
farm market there was a market committee comprising a member elected by
municipal committee, a member elected by Halqa council, a member elected by
licensed women, etc.
A Dehi council and Mohallah committees were declared as Punchayats. Punchayats
were responsible to settle disputes amicably. No legal practicing person could appear
before Punchayats. Appeal against Punchayats' orders was sent to Halqa council. In-
fact these were not a separate tier but these two tiers were equipped with certain
powers to hear, proceed, record statements and award on such cases that were not
cognizable.
Government was authorized to supervise and to control the local councils.
Government was empowered to inspect every local council at least once in a year. It
was also empowered to issue directives to the councils and to suspend any local
council.
There was a district coordination committee for inter-council matters comprising of
all chairmen of municipal committees and all heads of executive departments. The
chairman of the Zila council was the chairman of that committee. MPAs and MNAs of
that district could take part in the meetings, but they were not the permanent
members. The primary functions of district coordination committee were: to
coordinate all activities of the local councils and operating government departments,
settlement of disputes between the local councils, coordination of development
Punchayats
Government control and authority
Coordination
Local Government in Pakistan 31Local Government in Pakistan30
plans, review of questions and answers and deciding issues relating to imposing
surcharges.
The third military dictator General Zia-ul-Haq had promulgated Local Government
Ordinance 1979 on 31st July 1979. Same was promulgated in Sindh and NWFP (now
known as KP) in same year but for some reasons that ordinance was enforced in
Balochistan during 1980. That was a refined model of previous BD system. The main
frame was the same with some modifications: in rural areas Markaz councils were
formed comprising a cluster of union councils. All chairmen of these union councils
were ex-officio members besides Zila council members from that markaz area and
representatives from the government departments. The functions were as per the
divisional councils under BD system but according to 1979 model those functions
were assigned to only rural councils. In the beginning, Tehsil councils were also set up
in each Tehsil but in 1980 that was amended and practically Tehsil councils were
never formed during the whole tenure.
Local Government Ordinance 1979 comprised of:
(a) Urban Councils – including town committees, municipal committees, and
municipal corporations;
(b) Rural Councils – including Zila councils and union councils.
Urban areas which had population of 10,000 to 30,000 constituted a Town
committee. The Town committees were comprised of minimum 5 and maximum 17
Muslim members, in addition workers representatives were equal to 5 %, minimum
on 1 and maximum 3, and the women councilors were equal to 10 % not less than two.
There were no specified functions exclusively for Town committees but government
had delegated a number of functions mentioned hereunder the heading of 'Functions
LOCAL GOVERNMENT by GENERAL ZIA-UL-HAQ
(1979-1988)
Town Committees
of Urban Councils'.
Municipal Committees were constituted in cities where population exceeded 30,000.
It comprised of minimum 19 maximum 59 Muslim members including 5 % worker's
representation and 10 % women councilors (not less than two).
City centers where population exceeded 30,000 but not over 500,000 were declared
as Municipal Corporations, comprising minimum 75 and maximum 150 Muslim
councilors, including 5 % worker's representation, and 10 % women councilors. Non-
Muslim members had their representation in those Local Councils were there
population existed there numbers was arranging from one to three. (???)
The functions of urban council were broadly categorized as compulsory and optional.
There were more than 115 compulsory functions under 12 heads described through
35 sections of the ordinance. In addition to these compulsory functions, urban
councils were empowered to take another set of nearly 85 optional functions
described under 10 heads and stated by 32 sections of the said ordinance. Moreover,
the government delegated 29 additional functions to the local councils including
approval of the Annual Development Program of communication, works, agriculture
and forest departments. Most of these functions fall under municipal obligations but
there were many responsibilities of building infrastructures in rural areas, town
planning and many types of developmental works.
Removal, collection and disposal of refuse; maintaining of public latrines and urinals;
registration of births and deaths; protection against infectious diseases; water
Municipal Committees
Municipal Corporations
Functions of Urban Councils
The compulsory functions included the following:
Local Government in Pakistan 33Local Government in Pakistan32
supply; drainage and sewerage; private markets; slaughter houses; lightening of
streets; educational institutions; compulsory education; firefighting; civil defense;
flood relief; making master plans and town planning; sight development schemes;
building control; traffic control; social welfare and community development.
Optional functions included: Promotion of public health; medical aid; health and
maternity centers; environmental population; bath and washing placing; 'dhobby
ghats' (laundromat); public ferries; public fisheries; milk supply; public markets;
animal husbandry; registration of sale of cattle, cattle show and zoo etc; gardens;
playgrounds; cultural activities; social welfare; encroachments and development
plans.
Zila council consisted of area which excluded urban areas and comprised of Muslim
members equal to prevailing electoral unit in district. Such electoral unit was
determined on the basis of a population of 22,500. Moreover peasant representation
was equal to 5 % of total membership subject to minimum one and maximum of three.
In addition there were one-worker representative and women councilors equal to 10
% of total strength but not less than two. Zila council provided two types of functions,
one compulsory functions and second optional functions. Compulsory functions
included public works, public health, education, agricultural development and
economic development, articles of food and drinks, drainage, public ferries, livestock
and dairy development, culture, public safety, rural development and environmental
population.
Union councils were constituted as per previous 'Basic Democracy Order 1959', and
comprised of Muslim members. There numbers were arranging from 5 to 20 in
addition to one peasant representative and two women. Total functions of union
councils were 47 including maintenance and improvement of public ways, roads,
street, culverts, bridges, buildings, gardens and public playgrounds, lighting of public
ways etc, plantation of trees, management of Shamlats (accommodation land), burial
grounds, encroachment, sanitation, solid waste management, regulation, slaughter
houses, maintenance of wells, water pumps, registration of birth and deaths,
Zila Councils
Union Councils
reporting to police for a crime, etc.
Elections of the Local Councils
Local Government in Pakistan 35Local Government in Pakistan34
New government repealed Local Government Ordinance 1979 and had enacted a new
law that was slightly different. The Punjab assembly passed Local Government Act in
1996, during a short tenure of Chief Minister Sardar Arif Nakai. According to that law,
the elections were held once only for urban councils in Punjab and completely held in
Balochistan during the year of 1999. Appointed administrators comprising a mixture
of technocrats and the political appointees ran all local governments in the country.
According to the Act, 9 tiers of local government institutions were proposed which are
as follows:
The village Punchayat was consisted of one village or a group of villages, comprising
of 2-21 members belonging to Muslim, non-Muslim, women, and peasant categories.
The Lumberdars were made ex-officio members and the Punchayats were
empowered to co-opt any member from the union council. The tier of Punchayat was
subordinate to the respective union council. The chairman and the vice chairman
were ex-officio member to the union councils. The Punchayats were constituted of the
elected members on adult franchise from the Punchayat area declaring it
multimember electoral unit. The main functions were of 15 categories including:
promoting literacy, civic education, identification of local needs, assistance in family
planning, management of shamlats, community places, lands etc, facilitation to other
government departments, assigned function from the government, zila and union
councils, land acquisition for government projects, reporting to government for any
damages etc, canal water management, promotion of social harmony, youth welfare
and sports and cultural activities etc.
In the history of local governments, these Punchayats have been assigned the most
appropriate and the most desired functions. Their composition was also very
representative but practically these institutions could be more operative.
Salient features and the structure of Local Councils
in the Act of 1996 (Only in Punjab)
The Village Punchayats
The Union Council
Zila Council
The union councils were not consisted of directly elected members but all of the
chairmen and the vice-chairmen of Punchayats were made ex-officio members of the
union councils. In addition to these members two women and one peasant were also
members of the union council. The Union councils were constituted on the basis of
equal population comprising one village or a group of villages. The electoral unit for
the election of women and peasant councilor was based on the entire members of the
Punchayats in a union area. The functions of the union council were: registration of
births and deaths, on behalf of Zila councils skill trainings and development initiatives
for cottage industry, cooperation and coordination of other governmental and local
councils. Union council was empowered to take those matters which could not be
settled at Punchayats level, working as project committee for development projects,
promotion of forests and village planning etc, provision and maintenance of water
ponds, tanks, schemes, drainage etc, solid waste management, lightening of public
streets etc, facilitation in sale and purchase of agro inputs and products, supervision
and looking after of public works for better results. In addition to these, Zila councils
were authorized to delegate or to assign any special function to the union councils.
The union councils were formed in rural areas.
A Zila council consisted of elected members from a union area specified for election
of zila member. The Zila council had its secretariat under the vice chairman. Total
number of seats was based upon the number of UCs within the area of zila council. In
zila council 33% seats were reserved for women and 5% for peasants and workers.
The functions were included: public roads, culverts, streets, bridges, public buildings,
wells, water pumps, tanks, ponds, other works of water supply, maintaining dak-
bungalows, rest houses, tree plantation, public gardens, public places, prohibiting
dangerous works in residential areas, prevention and cure of infectious disease,
project planning and site selection, regularization of construction of building,
promotion of sanitation, public health, primary and high schooling, hostels for
students, adult education, agricultural development, articles of food and drinks,
Local Government in Pakistan 37Local Government in Pakistan36
public ferries, livestock and dairy development, public safety, cultural functions,
protection against pollution, rural development schemes, social welfare and town
planning.
Mohallah council was a small type of office, constituted at each Mohallah level and
comprised of elected members including one woman on reserved seat. In fact that
was similar to that of a Punchayat in rural area. The government was authorized to
determine the number of seats in Mohallah council. A senior citizen was
recommended as the convenor of the Mohallah council. The functions were not
separately described under law but municipal committees, corporations and
metropolitan were empowered to delegate one or many of their functions.
The ward council (formally known as the Ward Correlation Council) was the meeting
place of local leaders. The government was empowered to determine ward council
seats. But that was mandatory to reserve one women seat and one for worker
representative in each ward. However, voters on the basis of adult franchise through
multimember constituency were supposed to elect all the members. The functions
were not specified in the law but other urban councils were empowered by law to
delegate some of their functions.
These committees were constituted at town level, in each town having a population of
15,000 but not exceeding 30,000. It was composed of members calculated on the
basis of population. It was ranging from 7-17 members including 10% reserved seats
for women and 5% reserved seats for workers. In the case of a multiple members, the
elected members of the town committee were elected from members of the ward
council as the electoral unit. The convenors of the ward councils were also members
of town committees but their number and the persons were nominated by the
Mohallah Council
Ward Council
Town Committee
government through rotation from amongst them. The functions were not specified
but stated separately under a clause of 'Functions of Urban Councils'.
Local Government in Pakistan 39Local Government in Pakistan38
Devolution Plan by General Pervez Musharraf in
2001
On 12 October 1999, Pakistan army took over and soon after it consolidated its rule,
the army commander banned the newly elected local councils all over the country.
The military ruler; Gen. Pervez Musharraf was titled as the chief executive of the
government and announced a strategy based on '6-points agenda of reconstruction'
including reconstituting the local government that was named as the 'Devolution of
Power & Responsibility' to the grass root level. At one point, Gen. Pervez Musharraf
mentioned that “This is because this reconstruction process utilizes a bottom-up
approach”.
This strategy included the following:
· The devolution of power is necessary for the genuine empowerment of
citizens
· The decentralization of administrative authority is the essence of local
governance
· The de-concentration of functions is required for community
participation
· The diffusion of power for checks and balances to preclude autocracy
· The distribution of resources from center to the provincial and local
governments
Under that plan some other steps were also taken which are as follows:
· Voter age for local government elections was lowered from 21 to 18 years,
with an aim to mainstream youth into political arena.
· District government and tehsil / town municipal administration were
created
· Women representation was increased up to 33% in all tiers of local
government. Similarly, the representation of workers, peasants was also increased up
to 33% in all unions and other councils, through reserved seats that included 50%
women representation on workers and peasants seats.
· In all union and upper councils special representation was granted to
minority population irrespective of their presence one seat was reserved on UC level
with the possibility of increased representation if their population constitute more
than 10 percent of any local area.
· The setting up of a full-fledged district government under district nazim as
head of the government. District was made as the basic governance unit and was
responsible for the overall development and maintenance in a district. 13 important
government departments were devolved from provincial level to district level.
· Citizens Community Boards were proposed to set up to enable environment
for people's involvement in developmental activities. Under that system, at least 25
residents of a locality could set up a citizen community board. If they want to develop
a project based on any one function of the local council, and were able to raise 20% of
the total budget of a particular project by themselves then rest of 80% finances were
paid by the concerning local council's reserved budget.
· Monitoring by the citizens was another positive aspect of local government
ordinance 2001. In each local council, monitoring committees were formed
consisting of councilors; their functions were to monitor the work done and carried
out by the upper councils in their localities. That was a good idea aimed at
maintaining quality assurance but that system of monitoring didn't work out well.
· The union councils were formed both in rural and urban areas. Similarly, the
scope of zila councils were extended not only in terms of their jurisdiction but also in
their responsibilities. Previously, district councils were formed only for the rural
areas of a revenue district excluding urban areas but under LGO 2001, district
government was empowered as full-fledged tier of government in a revenue district
· District nazim replaced the role of deputy commissioner as executive head
of the district with powers of district magistrate and the district collector. The deputy
commissioners existed were made subordinate to the elected district nazims.
Local Government in Pakistan 41Local Government in Pakistan40
Coordination between government departments and performing as district
government's account officer was the only role of District Coordination Officers
(DCOs). Initially it was stated that all DCOs were public servants of grade 20 but that
condition was relaxed to some extent.
· Municipal services too were extended to all rural areas, by defining Tehsil
Municipal Administration and Town Municipal Administration in the capital and
other big cities. They were responsible to provide similar municipal facilities in all
revenue area of their jurisdiction. Previously Zila councils were responsible only as
part of the municipal functions.
Law and order was remained a provincial subject. The provinces were responsible for
raising, organizing, equipping, training and maintaining the police for the district in
all respects. The provinces were responsible to provide a police force to the district.
The district nazim was authorized to select the District Police Officer of his/her choice
from a panel of three, presented by the provincial government. The district police
officer was subordinate directly to the district nazim, not through the District
Coordination Officer. Apart from the district head of police, no other police officials
were subordinated to any elected representative. The district nazim was empowered
to send provincial government a summary for removal of the district police officer.
The district police was responsible exclusively for maintenance of law and order. The
investigation and prosecution functions were not form part of the functions of the
district police. The investigation function was performed by a separate chain of
command answerable directly to the provincial chief of investigation. A new Police
Order 2002 was also enforced but some its parts were put under abeyance. However,
the concept of community police was introduced, that could not work perfectly. At the
provincial level Public Safety Commissions were formed comprising three members
elected by the district council and three members selected by the district session
judge and three members nominated by the respective provincial assembly. These
Safety Commissions had been functioning from 2002 to 2005 but in second tenure
they could not be formed.
District Police
ELECTORAL SYSTEM
RUN-OFF ELECTIONS
Election commission of Pakistan was empowered to hold elections at all tiers. The
ECP was responsible to compile electoral rolls to be used for provincial elections.
Elections were held on the basis of joint electorate. The minimum voting age was
lowered from 21 to 18 years. The elections were held twice but on non-party basis.
A person was considered qualified to be elected to any elective office within a district
if he/she is:
· A citizen of Pakistan
· At least 25 years of age
· Enrolled as a voter in electoral roll of the relevant union
· Possesses a good moral character, not commonly known as one who
violates Islamic injunctions and who must have adequate knowledge of
Islamic teachings
· In case of non-Muslim good reputation would be essential
· For nazim and naib nazim, the educational qualification was
matriculation at least
· Do not possess assets which are inconsistent with his/her declared assets
or justifiable
· Not a willful defaulter of any tax or other financial dues owed to federal,
provincial, local government or any institution including utility bills
outstanding for six months or more
· Not convicted by a competent court on charges of corruption, or not been
sentenced by court for more than three months
Local Government in Pakistan 43Local Government in Pakistan42
When no candidate for elective office receives more than 50% of the votes by the
Electoral College, the election commission was bound to conduct a run-off election
between the two candidates within one week and whoever receives the highest
number of votes, that candidate returned elected and considered having a clear
majority of more than 50% of the votes cast. The run-off election was only for
elections of nazims and naib nazims in a joint panel that was applicable to all, that is:
district, tehsil and the union nazims.
For elections of union councilors, the electoral constituency was consisted of one
village or a group of villages having population of 1500 – 2000. That constituency was
considered as multi-member electoral unit. That idea was not new. In past that clause
was included in each and every local government law but practically each time
elections were held on the basis of single member wards system, where one to one
contest usually resulted in personal enmities.
For the first time in our history, the local government was considered as a full-fledged
tier of governance at local level because of two main reasons. Firstly, at that time the
provincial assemblies were not functional to oppose the idea of setting up district
leadership much independent of them, and secondly General Pervez Musharraf was
also trying to identify new group of supporters not belonging to traditional political
dynasties. The military government easily devolved 13 departments from provincial
level to district level. They had introduced a completely different four-tier structure of
local government institutions that was supposed to be spearheaded by the elected
heads and their respective councils. The military also enhanced the volume of
representation in these local councils by increasing number of seats in all tiers
reserved for the marginalized sections of society, the women, workers and peasants.
For the religious minorities irrespective of their population, they were given equal
right of representation in a particular locality. The most important step was
abolishing century old system of district magistracy under the strict control of district
management group; a cadre from superior services. That was the end of undue
control of the bureaucracy over the local governments. Thus, local self-government
came to existence in its true sense.
MULTI-MEMBER CONSTITUENCY
LOCAL GOVERNMENT STRUCTURES
UNION COUNCIL
The union councils were formed in rural and urban areas. These councils were
Local Government in Pakistan 45Local Government in Pakistan44
6. Literacy
7. Commerce and industries
8. Law
9. Environment
10. Community development
11. Information technology
12. Revenue
Tehsil councils were comprised of all naib nazimeen of the union councils in a Tehsil.
In addition to that 33% women, 25% workers /peasants and 5% minority
representatives were then with elected nazim as head of Tehsil administration and
naib nazim as speaker of the Tehsil council.
The main functions of Tehsil council were policy making for all municipal services
and approving budgetary sanctions to Tehsil municipal administration. In fact, the
functioning of Tehsil councils was similar to that of District Government except for the
specific task of policy formulation and to monitor the functioning of Tehsil Municipal
Administration. Tehsil Municipal Administration (TMA) was an implementing body
responsible to provide all municipal services to its citizens. The Tehsil nazim who was
elected by all union councilors of a Tehsil was considered as the executive head of
TMA. The Tehsils were named Towns in city districts but their composition and
functioning was the same.
All of the capital cities and other big cities where population exceeded three millions
were declared as city districts and the district government was named as city district
Tehsil Council
City Districts
Local Government in Pakistan 47Local Government in Pakistan46
The district council was comprised of all 'Nazimeen' of the union councils of that
district in addition to that 33% women councilors and 25% workers/peasants were
elected indirectly by the union councilors of each Tehsil/Town. The union councilors
from minority group comprised 5% of the total membership. In addition to
deputizing for the district nazim, in his/her absence the naib nazim was the speaker
of the district council. The district council was responsible for many functions but the
executive authority was vested with the district nazim. The district council had some
legislative functions that were limited to creating new taxes, bylaws and rules of
business and the approval of the district budget. It was also responsible to approve
district development and annual plans presented by the district administration
under the direction of the district nazim. Furthermore, district council was
empowered to monitor district administration through specialized monitoring
committee systems that had channels of communication on each issue with
monitoring committees at the Tehsil / Town and union levels.
The district nazim was the head of the district government and the District
Coordination Officer (Grade 20) was responsible to coordinate with all devolved
government departments A District Officer was designated as the head of each
district department called Executive District Officers (EDO). The administration
consisted of 13 departments headed by Executive District Officers and Deputy
District Officers (DDO) in-charge of specific functions within them. Assistant District
Officers were (ADO) also located in tehsils and towns, wherever applicable.
The departments of the administration were:
1. Coordination, finance, planning, and budget
2. Agriculture
3. Public works
4. Health
5. Education
District Administration
governments. These City Districts were composed of number of towns based on
population. The newly formed towns within the City District were fully empowered to
provide municipal functions to the residents of the area. The City Districts were
comprised of the same structures and the functions as of the District Governments.
Local government system of 2001 was the only model that has been discussed
publicly everywhere across the country. General Pervez Musharraf had presented
first draft of new model on 23rd March 2000 and invited people to make their
comments and suggestions. That was followed by a series of consultations arranged
by National Reconstruction Bureau (NRB), civil society organizations, national and
international public interest groups. All major political parties as their first stance
had rejected that model. Later on these parities took part in the elections by granting
un-announced tickets to their candidates. On the other hand, civil society groups had
discussed, reviewed thoroughly and made many valuable suggestions; some of which
were acknowledged as well. That process continued; the concerned citizen's groups
and other associated stakeholder kept on reviewing all major developments
regarding local government.
According to their findings following observations were formulated:
According to proposed framework in year 2000, union council was supposed to be the
basic unit in the overall governance system. Contrary to that, in the 2001 Ordinance
the Village councils in rural areas and neighborhood councils in urban area were
stated as the basic units. But legally the district governments were the basic units in
actual sense. This created a little confusion that a union council was composed of the
elected members, duly elected on adult franchise basis while the Village councils
were also proposed to be consisted of the elected members; these members would
have been elected by the respective villagers in a general body meeting through show
of hands. That was not a clear concept of basic unit. As a matter of principal, the basic
Some Observations About Devolution Model
Issue of primary unit
unit of the local government system should be compact enough and as smaller as it
could be. Being district as basic unit of the local level governance was ignored and that
resulted in non-functional UCs and VCs, etc.
The elections of the District Town/Tehsil Nazimeen were held indirectly by all elected
councilors of their particular area. That practice resulted in corruption inlcuding
openly buying and selling of votes. Secondly, being a pair of contesting candidates, the
grouping on basis other than political alliances had promoted fractionalizing,
ethnicity and communal practices. Indirect way of elections minimized scope of
political affiliations and the mutual understanding on social, political or solid
programs. On the contrary, interest based grouping got promoted. Because of such
experiences many democratic circles demanded to change the modus operandi, and it
was demanded that elections of district tehsil nazimeen should be held through direct
voting on the basis of Universal Suffrage. That was proposed in the first draft in 2001
but later on it was altered in the 2001 Ordinance.
Two major changes were introduced: (a) election of nazim and naib nazim shall be
held jointly as one-pair basis and (b) all district and tehsil councilors (as the case may
be) formed an Electoral College that was consisted of all the elected union councilors.
In 2000, when direct election was proposed some people had objected to it. According
to them, holding direct elections would be very complicated and too costly, because
the constituency will be consisting of a large area not only in geographical terms but
also in the terms of population. It was stated that it would be difficult to directly
approach all the voters and it would require extensive costs to manage such a huge
election campaign. On the other hand there were also many arguments in the favor of
direct elections. Some quoted the example of election of London mayor who got votes
directly from large constituents. Anyhow, if political parties are allowed to launch
election campaign then issues of heavily costs can easily be addressed. These
elections in the form of a pair did not prove more useful because that promoted more
grouping and factionalism in the entire system.
Election of the District Nazim and his Deputy
Maintaining Equilibrium in Checks and Balances of Powers
Local Government in Pakistan 49Local Government in Pakistan48
District nazimeen were more powerful than the district councilors. A nazim had more
powers as he/she was the chief of district government and not accountable to the
council. Moreover, he/she was not bound to participate in all sessions of the council.
Also district council was bound to ratify or not to ratify the acts taken by the district
nazim, except the approval of annual budgets. There was none of such affects that
could matter in real sense except moving a vote of no confidence which was
prohibited for first two years. The DC could not initiate concerned matters as it was
bound to encourage the dictatorial aspirations of an individual and that was a clear
negation of the pluralist thinking which the essence of democracy is. It was demanded
by other stakeholders and civil society also had endorsed the demands that powers of
District/Tehsil Nazimeen should be curtailed in such a manner that they could help to
enhance the authority of District/ Tehsil / Town council through some checks and
balances.
That was an important issue that impeachment of nazimeen was not an easy or simple
but that was rather a complicated process with a lot of risks. Just after the first time
elections in the beginning in many localities no-confidence moves had been
introduced within first few months. Since most of the nazimeen belonged to the
sitting government they maneuvered and first administrator order was issued
providing protection for two years against such moves. Second aspect was more
serious that naib nazimeen were not protected and were porn to face such moves of
no-confidence. Therefore, vested interests began to operate that had promoted too
much grouping and factionalism and destroyed democratic spirits.
Financial autonomy of local government has remained an issue of concern for every
stakeholder. It is true that in Pakistan generally major portion of national revenue has
been generated by the federal and provincial governments and hardly 1% of the total
revenues have been contributed by the local councils in the Gross National Product
(GNP). Therefore local councils are dependent upon grants from provincial
Impeachment of the Nazimeen/Naib Nazimeen
Financial Dependence
governments. Previously, some traditional taxes in the form of Octroi and ZilaTax
were major sources of income for local councils but in 1998 federal government
abolished these taxes and a new General Sale Tax (GST) was introduced. It further
decided to compensate local councils in lieu of Octroi and Zila Tax with a share from
GST (equal to the total amount of previous taxes they have been collecting in financial
years). That practice was going on until 2001then a system of Provincial Finance
Commission (PFC) was constituted that was obligatory to issue a grant from
provincial consolidated fund according to needs and requirements of that district.
But the procedure of awarding grant was similar to that of National Finance
Commission. That system has been working effectively since 2002 but parallel to
these financing facilities; president, prime minister, other ministers, provincial
governments and parliamentarians have been continuously providing funds under
their control directly to the local councils or the nazimeen and now directly to the
administrators. These financial transactions de-tracked whole process of financing
through PFCs but political maneuvering has been strengthened. The concept of
forming PFC was an excellent idea but the rulers themselves had ignored the
commission and began to grant special packages on political basis. This caused major
dissatisfaction on the award granting mechanism and the criteria, was challenged in
Punjab, KP and Sindh.
The most appreciated act was about introducing the concept of district ombudsman
in each district. The ombudsman had authority to hear, inquire and to award
judgment to individuals and parties having grievances from any one or many local
councils or the authority in local councils. Unfortunately, government did not
constitute that office ombudsman and nobody objected to that gross violation of law.
On paper local government paper was very attractive to an enlightened democrat
because of many positive indicators that might result into more empowered system of
governance at local level. There were many ways of involving local communities in
Introducing District Ombudsman
Incomplete Organizational Structures
Local Government in Pakistan 51Local Government in Pakistan50
running various functions of local councils. There were village and neighborhood
councils proposed in each village and mohalla to be constituted by local communities
in special general meetings. That was obligatory to constitute these councils within
first 30 days but nowhere these councils were constituted and after amending the
Ordinance in 2005 that clause was made optional to constitute such councils. Similarl,
public justice committees were proposed in each council but hardily anywhere that
was constituted. Citizen's Community Boards were set up everywhere and each
council had reserved 25% of its developmental funds but disbursement could not be
made possible because of unwillingness. At provincial level the top most regulatory
body was Provincial Local Government Commission, comprising of elected members
from local councils, experts and civil society representatives. These commissions
however were tried to be made non-functional by putting them in abeyance.
Another proposition was to constitute Monitoring Committees in each council
comprising elected councilors with responsibilities of monitoring progress, working,
development and governance in general. Each and every local council set up these
committees and their rules of business were developed but none of them had ever
worked to monitor or to perform its mandatory roles.
Although initially creating district level police cadre was introduced but according to
Ordinance 2001, only DPO was made answerable to the district nazim whereas police
remained as provincial subject. But in vague, a new concept of community policing
was introduced. Under that concept in each police station a joint committee was
proposed comprising of union nazims or his/her nominee. The main purpose was to
develop coordination and to maintain a liaison between law& order and local
governance. As per other halfhearted moves; they were ignored badly.
System of Monitoring
Introducing Community Policing
Local Government in Pakistan 53Local Government in Pakistan52
Local Government in Pakistan 55Local Government in Pakistan54
Local Government in Pakistan 2Local Government in Pakistan56
BASIC ISSUES REGARDING LOCAL GOVERNMENT SYSTEM
IN PAKISTAN
Chapter 5
There are some key issues that need clarifications and thorough discussions amongst
stakeholders at various policy levels. In Pakistan we generally avoid debating key
issues regarding local governance due to some political implications instead we
usually try to negotiate on these issues in order to bargain political interests. That was
exactly the attitude towards local government. Nobody cares whether local councils
exists or not or functioning well under political leadership of elected representatives
or public servants. And are they running these institutions at their own according to
their wisdom or someone else with higher political status is giving instructions for
local level governance matters? This all has been resulted into increased
dissatisfaction of the people.
On the other hand, bad governance at local level does affect people's daily life. An
efficient and effective government institution could provide maximum relief and
comfort to the people. Local government institutions are the governing bodies that
have prime concern at grass root level. Unfortunately we have a casual attitude
towards these institutions of prime importance. As a matter of fact we had many years
in Pakistan without a parliament; neither National Assembly nor the Senate. Similarly
there were no provincial legislatures for many years, but local government
institutions have been functioning without any break since 1960. The interesting
aspect is the only representative or undemocratic character of these institutions. Half
the time we had diacritical elected local councils to spearhead these LG institutions
but for many years these institutions have been run by a non-elected administrator;
usually the public servants and the state officials. Secondly the way of functioning has
resulted in an increased alienation of communities in self-governance.
In order to change our attitudinal behaviors it is important to initiate debates on
issues regarding local government. Hence, following framework may be considered
as starting point.
The primary issue related to LG is the absence of elected leaderships in running local
government institutions. Instead usually some technocrats belonging to local
government services or from the DMGs have been spearheading these institutions as
designated administrators, who necessarily do not belong to local communities,
some of them even not residing in local areas. Because of that local government
NON-EXISTENCE OF ELECTED COUNCILS
Local Government in Pakistan 59Local Government in Pakistan58
institutions could not attract local communities to participate in routine working
neither local people could interact with local councils in a friendly way. Since most of
the officials who have been heading local institutions are more like technocrats and
managers, so their style of working is quite authoritative and bureaucratic. As a result
there always has remained a visible gap between people and the local communities.
Contrary to that, if there are properly elected heads or councilors in local government
institution then their offices always show huge gatherings of local residents. For
instance, if we recall the situation in the flooded areas in recent past where majority
of affected people did not go directly to the government officials instead many of them
preferred to visit former councilors and nazims and requested them to represent on
their behalf. Thus, this typical bureaucratic style of work has changed the basic
character of self-government to state departments. Generally our people took local
government institutions just like other government departments, the sense of
ownership and the mindset has effected badly on service delivery through these
institutions. We must address the practice of running local self-government
institutions through stat-functionaries and should try to revert it.
The local government institutions are considered as an administrative arrangement
at local level in order to perform some of minor government functions; primarily
provision of municipal services and to some extent the rural development are
considered main responsibilities of local government. We have some bitter examples
of hegemonistic governance in past that increased inequality and discrimination
amongst provinces and residing nationalities. Most of our political movements have
issues against these disparities. All nationalist forces belonging to the oppressed and
small nationalities have tried their best to safeguard provincial autonomy and to
strengthen powers of the provincial governments. But infact, make local government
as third tier means that some of provincial powers will have to be devolved to local
levels, which would not be acceptable to those nationalist forces
Our constitution states only two tiers of government – the federal and the provincial
governments, whereas efficient and effective governing machinery functional at local
THIRD TIER OF GOVERNANCE
CONSTITUTIONAL PROTECTION
Local Government in Pakistan 61Local Government in Pakistan60
level could only be managed by the local residents. Since we have unprecedented
increase in population and colonization; proper administration and good governance
have become more challenging day by day. Therefore, accumulation and
concentration of powers and the authority at federal or the provincial levels cannot
deliver thoroughly. We should address the present day needs to address
administrative and governance issues without prejudices and narrow mind-sets of
ethnic, national or political interests. We must debate to acknowledge the district
governments as third tier of governance and provide them constitutional protection.
There should be an in-depth debate on relationship between, provinces and the
districts. Similarly, responsibilities of state establishments and the civil society
organizations could benefit local governance.
The provincial government's control has remained a controversial matter throughout
our political history. The provincial governments have been controlling districts
administration through police and other state-functionaries belonging to district
management group and other public servants of provincial services. There always has
prevailed a conflict of interest between provincial governments and district level
elected councils over the issue of managing district governance through elected
representatives. In order to resolve these conflicts local governance was put under
strict control of provincial governments. The provincial governments then set-up
specialized institutions parallel to local councils but under direct control of the
provincial governments. The financial dependency has been an important factor
behind provincial supremacy over local councils. There were many reasons behind
that conflict but our traditional practice resulted in making the local level decisions by
the provincial authorities. However, that practice always has resulted in smooth
evolution of local councils. During last tenure, the elected nazimeen and the district
councils of elected members governed the districts under the Local Government
Ordinance 2001. During first two years of their tenure a terrible conflicting situation
emerged: all of the provincial governments had shown their resentment to these
elected district and Tehsil/ Town nazimeen. The provincial authorities had imposed
few restrictions and non-cooperation that compelled district nazimeen to set-up
their forum as a pressure group. The district nazimeen of Karachi, Larkana, Dadu,
Peshawar and Kohistan took their cases before their respective high courts for relief.
As a logical outcome of these conflicts, the military government of General Pervez
PROVINCIAL GOVERNMENT'S CONTROL
Musharraf who introduced the concept of empowered district governments under
elected nazimeen was compelled to amend the law in 2005 by granting more powers
to the provincial governments in order to controlling district governments and the
elected representatives. Hence, the issue remained unresolved. The concept of an
autonomous local government should not be under control of provincial authorities,
however the provincial governments can define certain functions of these local
governments and they can also make certain rules of business besides relevant
legislation.
Constitutionally, Pakistan is a federal republic but prevailing political culture and the
mindset of the rulers is very much influenced by the feudalistic values and traditions.
This backwardness reflects in all of our political spheres; effecting party politics and
local governance in negative way. To some extent many have accepted it as a usual
norm and the lawmakers also have entrenched it into the law. In our local government
laws, there always described the councils as the supreme body, but in fact the
authority always has vested that individuals are more powerful than the councils,
which manifest a collective authority of diversified wisdom. According to local
government laws the heads of all councils in each tier were answerable to their
respective councils but only theoretically whereas, practically the heads were more
authoritative because rules of business and many ambiguities in laws benefit their
orthodox mindsets.
The last model was the best example that had much power vested in district councils
but the district nazim was authorized to use many of these powers bypassing district
councils. Same case existed at the lower tiers. Ideally, a local government system
should be more powerful having absolute authority vested in the councils rather than
in certain individuals, bosses or public officers.
Local government institutions are considered as the main areas of corruption, bad
AUTHORITARIANISM AND CONCENTRATION OF
POWER
CORRUPTION AND MISUSE OF RESOURCES
Local Government in Pakistan 63Local Government in Pakistan62
practices and misuse of resources. That is not the whole truth though. To some extent
there is corruption but full swing propaganda is just to divert the attentions. In
contemporary world corruption is very common but in developing countries it is
generally more visible and magnified. Pakistan has been placed in that group of
countries where every sphere of life is being badly affected due to corruption. Where
there is any type of funds utilization, there would be chances of corruption. Since, the
local councils are one of the main instruments through which many types of public
works are being carried out therefore, sizeable funds are being utilized through local
councils. But still these funds are not a lot because in Pakistan major portion of
developmental work has always been carried out by independent state or
government departments. Apart from these facts the local resources are being
misused either by the governments or by the other public representatives because of
lack of an adequate in-built system of checks and balances. There are systems but they
are non-functional. According to rules, internal and external annual audits are
mandatory, but that has been ignored frequently. Every ruling party and the sitting
government have always used local resources for their political campaigns.
We have experienced four different models of local government institutions. All of
these models were based on theorem that local government is the smallest
operational arrangement of state governments to perform a limited role primarily to
administer the municipal obligations. Therefore, in these entire models basic
structural framework remains similar. For instance; rural, urban divide, separate
councils but similar functions based primarily on municipal functions. Let us take
look into its history.
The first model was operational during early decade, which was based on relatively a
clear concept of self-government. Majority of people were living in countryside where
local governance meant practicing traditional phenomena. At that time even in urban
areas the state institutions were not on parallel footings. Therefore local government
institutions had been functioning under collaborated guidance of both state
functionaries and the people' representatives, although not elected by the people but
nominated from the dignitaries. Second model of Basic Democracy system motivated
rural area people to take interest in running local government institutions whereas
that model was again a collaborated form of governance. During 1979 people had
RE-FORMULATION OF FUNCTIONS
participated more enthusiastically in the electoral process but majority of the people
did not bother about the routine affairs of local councils. Our last model of 2001 was a
Local Government in Pakistan 65Local Government in Pakistan64
new local government system but also in managing some key areas of functioning of
local government institutions. The CSOs included more areas for practical
collaborations with LGIs. Military dictator might have his own interests to engage
CSOs but people of the country had benefitted a lot from those types of engagements.
General Pervez Musharraf, had announced his 'Agenda of Devolution', on 23rd March
2000, and introduced existing Local Government Model and offered all stake holders
to discuss and exchange ideas about that model. Almost all major political parties
rejected that offer but CSOs had accepted and started discussing various pros and
cons. During first 3-4 months of the year 2000, there were large number of
consultation meetings were held discussing new framework for future local
government. Those programs were held across the country. Similar activities were
organized by CSOs but the most interesting fact was that the representatives of
National Reconstruction Bureau (NRB) were also participating in those events. The
NRB was the federal government's set-up that was assigned to formulate a local
government system. The Pakistani CSOs presented a number of recommendations,
and many amendments to that framework, but NRB had not incorporated all of them.
Although, practical collaborations had been going on for a long time
The military dictator had promulgated local government ordinance on 14th Augusts
2001. Although that model was different from the one presented in year 2000 but
there were statuary provisions included having many new opportunities of practical
collaboration, building partnerships between CSOs and LGIs.
Hence, a new era of strong partnership had started that witnessed a number of
practically engaging CSOs and LGIs in many initiatives. The strongest collaboration
could be observed imparting civic education and capacity building trainings to newly
elected representatives in LGIs particularly women, workers, peasants and the non-
Muslims LG councilors
Here are some more examples of practical collaboration between LGIs and the CSOs at
that time:
There were bright chances for CSO activists to become a member of any council in that
system. Many activists availed those chances and were elected as councilors in
1. DIRECT PARTICIPATION
councils and union councils. Many women councilors were elected with the help and
assistance of CSOs. In some areas, CSOs mobilized workers, peasants and women to
contest for open slots in different tiers of LGIs. Many women councilors had joined
various CSOs after winning elections. During first tenure of LG system of 2001, there
formed many networks of elected councilors consisted of those ERs who had been
close associates with CSOs. In that regard, the Women Councilors Etihad, Workers and
Peasant Councilors Network and the Women Councilors Alliance are some of the
quotable examples.
Meaningful efforts were made in launching various advocacy campaigns concerning
key issues in local governance. CSOs helped identifying and addressing main
concerns regarding prevailing legal ambiguities, structural flaws, undue influences
by the political elites and issues of corruption or misuse of resources. Seminars,
consultative meetings and the discussions forums were held across country where
key stake-holders had identified major problems and demanded appropriate and
timely solutions.
The main concerns raised were: overwhelming authority of heads over respective
councils, redistribution of functions among districts, TMA and union councils, lack of
adequate funds for the union councilors and granting travelling allowances to
women councilors, etc. Many CSOs made it possible for ERs to demonstrate for their
demands. Similarly some of them had facilitated ERs to design various developmental
projects for their electorates. Few CSOs contributed in establishing the women
councilor's resource centers in many districts for technical assistance of women
councilors.
In previous LG system, two different possibilities existed to develop many sets of soft
and hard developmental projects by local communities. One was about setting up of
Citizens Community Boards (CCBs). According to LGO 2001, at least 25 local adults
could form a CCB in their area to carry out specific objectives. The district government
was authorized to register CCB and after registration the members had to develop any
project from a specified list, and concerning LGI had to provide a matching grant up to
2. ADVOCACY
3. COMMUNITY MOBILIZATION
Local Government in Pakistan 67Local Government in Pakistan66
80 % of total budget. CSOs had contributed tremendously in that area by mobilizing
communities and facilitating in forming of CCBs,. Many examples had been set up in
designing projects. Second area where CSO had made positive inputs was forming the
conciliatory councils called as 'the Musalaht Anjmans'. Those were small councils
consisted of elected representatives and non-elected citizens who were empowered
by LGO 2001 to make such inventions in prevailing conflicts for out-of-court
settlement of disputes more amicably.
One of the exemplary interventions by CSOs was imparting political education and
skill training to elected representatives (ERs). In that regard, a number of CSOs had
initiated training and educational programs, based on orientation on key concepts,
laws and regulations, etc. Furthermore, they worked on imparting skills training to
elected representatives on basic skills, like effective communicational skills,
designing campaigns, developing projects and managing conflicts, etc.
Under those training programs sizeable elected representatives were trained,
particularly women workers and non-Muslim councilors were more significant in
those groups of beneficiaries. Many national and international donor agencies had
facilitated a number of NGOs in organizing training programs. At national level
Devolution Trust for Community Empowerment (DTCE) was a multi-donor support
initiative focusing primarily on training of CCBs. The 'Women Political Schoo'l was
set-up with the help of the United Nations Development Program (UNDP) and
through this initiative almost 10,000 women councilors had been trained in four
modules. The 'Workers / Peasants Councilors Network (WPCN)' focused 1000
workers and peasant councilors belonging to 35 districts of Pakistan. Aurat
Foundation, Citizen's Commission for Human Development (CCHD), Sarsabiz
Foundation Faisalabad, Takhleeq Foundation Karachi and South Asia Partnership,
Pakistan were prominent in the process of imparting skill trainings to the ERs. These
CSOs also developed many sets of information, education and communication
material and distributed them vastly.
4. EDUCATIONAL AND TRAINING ACTIVITIES
Local Government in Pakistan 2Local Government in Pakistan68
NEW DEVELOPMENTS INRECENT PERIOD
Chapter 6
Local Government in Punjab Province
After coming into power in year 2008, the Punjab government did nothing with
prevailing local government system, the system of 2001 model. The tenure of elected
councils was over in August 2009. According to PLGO (Punjab Local Government
Ordinance) 2001, (which was further amended in 2005), there were administrators
in all tiers of LGIs, but there was a constitutional bar on getting prior approval from
the President in order to amend the PLGO-2001, therefore Punjab government did
not amend the law and had carried out its business through state functionaries as
administrators. There was huge amount pending from previous years as
developments funds reserved for CCB (Citizen Community Boards) in all LGIs. As
soon as on 31st December 2009 the bar on amending PLGO-2001 was over and the
government had amended PLGA -2001 as per its priorities.
1st amendment in PLGO-2001 was made on 23rd February 2010 due to which
Provincial Election Authority was established and election responsibility was shifted
from ECP to EA. The tenure of LGIs was reduced to 4 years, All elected LGIs were
dissolved and government was authorized to appoint administrators. Under 2nd
amendment in PLGO-2001 on April 2011; appointment of DCO from public service
was substituted. Some changes were made in functions of various LGIs. The 3rd
amendment in PLGA 2001 was carried out on 11 Februarys 2012; the condition of
appointing DCO of grade 20 was waived off, who was also empowered to act as the
EDO revenue. The government was also authorized to use CCB funds according to its
discretion.
4th amendment in PLGO 2001 was made on 8th November 2012 due to which power
of government to hold new elections was enhanced and it may announce elections
within 240 days subsequently. At that time the governor from PPP was on leave and
the acting governor assented the amendment. 5th amendment was made in January
2013 through that government had got additional powers of taxation. The 6th
amendment was made after passing new law of 2013; the cattle companies formed by
the government for marketing had been protected through that amendment. In
January 2013, LGO 2001 was further amended. As a result the government got
additional powers of taxation.
In 2012, another law was drafted by some bureaucrats that was circulated publically
but could not be presented on the assembly floor because of resistance from the
subject committee.
New law PLGA -2013 was passed by the assembly on 21st August 2013, all opposition
parties had proposed 13 amendments and all were rejected, while a group of treasury
benches led by Mr. Tahir Sindhu also proposed few amendments that also faced
rejection. The governor of Punjab assented it on 23rd August 2013. But the law was
not enforced completely whereas government was authorized to enforce that law at
any proper time. Finally the law was enforced in September 2013 but repeal of old law
of 2001 was not done. Two political parties PPP, PTI and a citizen challenged it in the
Lahore High Court (LHC), Meanwhile, when the hearing was going on at slow pace, the
government had submitted to the Supreme Court in another constitutional petition
stating elections may be held in Dec 2013; but no practical preparations were made.
ECP again announced that elections may held in January 2014 and a new schedule
was also announced. All opposition parties rejected the law by declaring it to be too
centralized and in negation to the Constitution. According to media sources , the
government was ready to hold elections in November 2014, but practically delaying
tactics were going on. Delimitations of LGIs were imposed in October 2013 and
process was to be completed by 7th November but government made new
amendment in the law therefore new process of delimitations was started and was
supposed to be completed by mid of December. Opposition termed delimitations as
prejudice to the opposition. PTI went to LHC but petition was rejected. Punjab
Governor had promulgated on 6th November 2013 first amendment in PLGA 2013
through an ordinance ensuring non-Muslim representation in all UCs irrespective of
their residing status. Secondly, only elected chairmen would vote for reserved seats in
upper local councils; through another ordinance promulgated on 9th Nov, in Punjab
elections were supposed to be held on party basis, but no rules of holding party-based
elections were made so far. The government again amended PLGA-2013 in
November through 3rd and 4th amendment. These two amendments resulted in, the
delimitations of wards in LGIs and elections of general seats on the bases of wards and
declaration of oneself being Muslim at the time of submitting nomination forms.
Keeping impact of these amendments new delimitations were carried out and was
supposed to be completed by 5th December 2013. However, ECP had re-emphasis on
holding elections in January 2014. On 3rd December a Pakistani citizen, Mr. Munir had
challenged PLGA-13 being ambiguous on qualifications of candidate against Section
62-63 of Articles in Constitution which resulted in halt of process again. Now the
Local Government in Pakistan 71Local Government in Pakistan70
Local Government in Pakistan 73Local Government in Pakistan72
situation got more confused. The Supreme Court had advised ECP to conduct all
delimitations process in all provinces but without cooperation from the provincial
governments. ECP could not complete that job in short span of time. Practically in
Punjab, PLGA 2013 was passed but that was not enforced whereas local governments
were functioning under the LGO 2001 were amended time to time.
According to PLGA the structure and composition of various LGIs shall be as
following:
District councils & UCs in rural areas except Lahore; and Municipal
Corporations, Municipal Committees in urban areas and Metropolitan
Corporations in Lahore were proposed. In urban areas government may notify
such number of UCs called city councils; A rural union council shall be called
Village Council and Urban UC will be called City Councils. Under UCs, Punchayat
will be formed by rural UCs in their jurisdiction and Urban UCs will form
Musalihat Anjuman in urban areas. Both would consist of 9 members including
2 women nominated by concerned local councils. Each UC would be delimited to
6 wards, from where one general member shall be elected, whereas chairman
and vice chairman as joint candidates shall be elected from the entire UC.
Similarly, youth and non-Muslim members shall also be elected from the UC.
For two women councilors, entire UC will be divided into two wards.
Delimitations of UCs and wards in city local area will be done through ECP. For
delimitations purposes, population census of 1998 was considered as base line
data. The delimitation process was started in September 2013 which was
completed in May 2014 but the opposition parties had rejected this idea by
demanding delimitation process to be completed through judicial officials. PTI
had challenged government power to delimit however the High Court rejected
that but later the apex court had accepted likewise petition and ordered ECP to
do all delimitations in all the three provinces.
Structure of LGIs: The District Council would be consisted of all heads of UCs.
On reserved seats less than 15 women, 3 peasants, 1 technocrat, 1 youth
representative and less than 5 non-Muslim members shall be elected indirectly.
Government will notify such number of seats for each council of upper tiers in
towns and cities. Union Council shall consist of 13 members including directly
elected chairman and vice chairman as joint candidates; 6 general councilors
from 6 wards; 2 women, 1 peasant in rural UC, 1 worker's representative in
urban UC and 1 youth representative and non-Muslim members each.
Metropolitan Corporation (MC) of Lahore: The Metropolitan Corporation shall
consist of the chairmen of all Union Councils in the district. The, government
notified additional 274 Ucs, Each MC to be consisted of 25 women on reserved
seats; 5 workers; 2 youth delegates; 3 technocrats; 10 non-Muslim members; 1
mayor and 9 deputy mayors each from each town of Lahore .
Municipal Corporation: Municipal Corporation should be formed in all cities
having a population of over two million . A Municipal Corporation shall consist
of the chairmen of all Union Councils in the area of and shall include the
following members indirectly elected on the reserved seats by the chairmen:
less than 15 women on reserved seats; 2 workers; 1 youth representative; 2
technocrats and less than 5 non-Muslim members shall be its members. 14
Municipal Corporations in Punjab were proposed.
Municipal Committee: A Municipal Committee shall consist of the directly
elected members from the wards of the Municipal Committee and shall include
the following members indirectly elected on the reserved seats by the directly
elected members: less than 5 women, less than 2 workers, 1 youth
representative and less than 3 non-Muslim membrs. The wards in municipal
committees were delimited by the ECP.
Every rural UC and city council shall establish Musalihat Anjuman and
Punchayat in their local area. These councils shall be the forum for amicable
settlement of minor disputes amongst the residents. This was traditional setup
as part of an out-of-court settlement effort for the settlement of minor disputes.
It was a good concept but it had nothing to do with local governance.
In each district, a health and an education authority will be established by the
provincial government under PLGA 2013 with enough functions of monitoring,
planning and budgeting, but both of these authorities would be accountable to the
provincial governments only. Both authorities would act independently of the local
councils. Function wise, these authorities would not cover up colleges and higher
educational institutions nor shall big hospitals including the district head quarter fall
under these authorities.
Local Government in Pakistan 75Local Government in Pakistan74
In the beginning the reserved seats for non-Muslims were conditional subject to their
presence in a particular local area. Population size over 200 was supposed to be
represented in local council but after an amendment now it would be mandatory for
all LGIs.
In PLGA 2013, un-necessary electoral clauses were inserted which ECP had to follow.
These caluses are as follows:ECP being a constitutional body would conduct elections
under Article 140-A of the Constitution and was supposed to follow federal law like
the Representation of Peoples Act (ROPA) but all provincial governments had
inserted some electoral clauses in their LGAs which were confusing. Electoral rolls
will be responsibility of ECP. Mode of elections will be decided by the government
under their relative law, direct elections on the basis of UAF would be held only at UC
level but reserved seats shall be filled indirectly by respective members. All chairmen
and vice chairmen as joint candidates will be directly elected from respective
councils. In case of Metropolitan all chairmen of UCs will act as electoral college to
elect special interest seats and the mayors and deputy mayors, government proposed
initially to hold LG elections on non-party basis basis, but that was challenged in LHR
The age for candidate is 25 years except for youth members who may be less than 30
years. While tenure of LGIs will be of 5 years.
Financial dependence on grants provided by the government from the provincial
consolidated fund shall be continued and for the allocation of funds, a provincial
finance commission shall be setup by the government. Additional grant in lieu of
Octroi and Zila tax, equal to 1998 standards will also be continued. Transfer of
immoveable property tax by the district council shall be continued and government
may ask for collection of any provincial tax, all rents and professional license fees as
per previous routines shall be continued as part of source of income for the local
councils.
Although local governments are not considered as the third tier of governance in any
province but everywhere LGIs would work within provincial framework. On the other
hand excessive control by the provincial government is significant. Although the ECP
would announce the elections but government would declare vacant seats, appoint
administrator for six months, may dissolve any LGI; determine local areas and
merger and division of local areas and local councils are also vested in provincial
government. Termination of any LGI head, regulation all LGIs by Local Government
Commission is under the authority of the government. Government could dissolve or
terminate any elected council and the head and could designate any additional or
specific function to any local council. It may also alter functions and merge any local
council. Government had also set up parallel private companies to carry out some
basic municipal obligations such as managing solid-waste, limited companies for
providing healthy meat, state authority for managing parks and horticulture, etc.
Nevertheless, there are flaws in this LG setup, which are highlighted below:
The lack of residing citizen's engagement in the affairs and monitoring of local
government institutions however is not satisfactory. Citizens do not have any
role in designing and implementing developmental projects within the LG
framework.
Municipality and district council shall be primary units, whereas, UCs will
function under guidance of upper councils. District education and health
authorities shall not fall within the jurisdiction of LGIs. Similarly, city councils
and village committees would not perform as local councils. Parallel state
institutions shall be more strengthened as the case in Lahore like solid waste
management company, parks and horticulture authority, Traffic Engineering
and Transport Planning Agency (TEPA), maintenance of roads, etc. Water and
Sanitation Agency (WASA) would be managed by specialized agencies, and
Lahore Development Authority would also be accountable to provincial
government. CM will be its chairman to it; On ground, last government of
PML(N) had functioned as the strong supporter of 2001 Model of General Pervez
Musharraf with 5 amendments in 5 years and one in the 6th year. The LGI model
of that time remained same as of district and city government continue
functioning with 13 devolved functions. All amendments by new government
were made to postpone elections and appointing state-functionaries as
administrators / heads of various sets of LGIs.
In Punjab it is quite clear and evident that present government does not allow any
type of local leadership to take any major shape in order to run local government
institutions. They do not believe in devolution and themselves are too centralists in
exercising governance. Recently, current assembly has passed amended law related
to Lahore Development Authority by making the CM its head. Similarly, Lahore
Transport Co, Lahore Solid Waste Management Company and Lahore Meat Company,
Lahore Parking Companies have their heads appointed by political nominations
made by the CM. Present government has undermined role of LGIs in development
Local Government in Pakistan 77Local Government in Pakistan76
that is continuously superseding many decision. Government is promoting key role of
public servants from DMG group of services in local councils which is leading to the
misuse of local funds at its discretion without considering local needs.
For the last many years it has been using delaying tactics to hold fresh elections and
establishing new LGIs. Under the pressure from the apex court new elections are on
the agenda but provincial government has reduced the key functions of various LGIs.
This has resulted in marginalization of local governments. Very recently, on 26th
August 2015, ECP has announced schedule for holding elections in three phases.
During 1st phase, elections shall be held in 12 districts of Punjab. Opposition parties
in separate petitions challenged in Lahore High Court the modus operandi for special
interest seats and delimitations done by ECP. The High Court has admitted the
petitions for hearing.
Khyber Pakhtunkhwa had a rather complicated governance system. The North-West
border area has its own system of “Jirgas of Elders” that exist at lower level in FATA
and PATA both. Whereas federal government controls FATA through governor of KP
and a secretariat under him who exercises his authority through political agents and
khasadars. The governing law in FATA/PATA is the Frontier Crimes Regulations
(FCR). In other districts which are called as settled areas, there are district/tehsil
governments ruled by the provincial government through deputy commissioners.
The local government existing there is as per the modified and amended model of
2001. Unfortunately, the question of autonomy and empowerment of LG there has
been compromised.
During previous practice (2001-2005), there emerged a serious conflict between
provincial government and some of the district nazims that could not be resolved
during entire phase. In 2008, when new government led by ANP came to power, LGO
2001 was in place and district governments were working. Later new elected
government made some amendments in LGO 2001 and let those DGs functioning
under an increased control of the government. In the last year of its rule, the ANP led
government had enacted new law on 8th May 2012 that was not enforced at once, but
Local Government in Khyber Pakhtunkhwa (KP)
Province
government was empowered enough under that law to enforce at an appropriate time
and may enforce some of its clauses immediately. As a result, the LGO 2001 was in
practice even during present PTI led government who had passed new law on 31st
October 2013 after notified in official gazette on 7th November 2013. The law could
not be enforced at once and same situation continued till new elections were held in
2015. The intervention of Supreme Court and the ECP made it possible to hold fresh
elections. Finally elections were held in May 2015, whereas, elected councilors took
oath on 29th August 2015. Its final phase of elections for the heads was held on 30th
August 2015.
The 2012 law was similar to 1979 and 1962 models but in a very simplistic way. The
district councils and 986 UCs were suggested in rural areas whereas Municipal
Corporation was proposed for Peshawar only. On the other hand, the Municipal
Committees in urban areas were to be formed. In Peshawar, urban Union Councils
were also planned. In all municipal committees, wards were constituted and single
member would be elected from these wards in every UC. Musalihati Jirga was
suggested for amicable settlement of minor disputes. In each district the
coordination committees composed of all local council heads and representatives of
line departments were also recommended. In addition, any local council was allowed
to form joint committees consisting of partner local councils. According to 2012 law
passed by ANP led government: District council consisted of such number of
members equal to UCs in that district. The chairman UC was member of DC. Union
councils were supposed to be consisted of a total 11 members elected on UAF from
joint electorate; including 7 Muslim general seats, 2 women, 1 member from
workers/peasants and 1 from minority community. Municipal corporation would be
consisted of all chairmen of urban UCs. Practically the district governments were also
operative as per 2001 model with 17 devolved departments.
The LG law of 2012 very clearly explained various sets of functions such as civil,
welfare, developmental and regulatory functions of union councils, public works,
public health, dairies, public ways and drainages, (nearly 100 functions in separate
groups will be assigned to district councils).
Present PTI led government passed new law on 31st October 2013. That is currently
the governing law and fresh elections have been completed. By the beginning of
September 2015, new local government would be functioning properly. The main
features of that law are as follows:
Local Government in Pakistan 79Local Government in Pakistan78
Basic structure shall be same as of 2001 model with minor changes. The term
union councils shall be replaced with village council in rural areas and the
neighborhood councils in urban areas.
The volume of representation in these councils has been lowered from 2001
model and their total number is increased. The village and neighborhood
councils will be elected councils comprising 10-15 members at village level with
minor functions that fall to some extent in jurisdiction of local government. They
are having limited functions of monitoring and implementation the assignments
designated by the upper tiers whereas main functions are similar to Musalihati
Jirgas and Anjuman as in Punjab, that falls under the Code of Criminal Procedure
(CrPC ) and Muslim Family Ordinance 1960, etc.
In Peshawar, one district and town councils shall be formed. In urban areas Tehsil
Municipal Administrations (TMAs) and tehsil councils shall also be formed with
municipal functions.
According to KPLG-2013, the district council shall have general seats in which
33% seats will be reserved for women, 5% reserved for workers in urban
councils and same for peasants in rural councils. In addition, 5% seats shall be
reserved for youth and non-Muslims members..
A delimitation authority was set up by provincial government which worked
well but process was averted by the apex court. Subsequently, ECP was ordered
to carry out new delimitations, who up-held the old process done by the
authority.
Village and neighborhood councils are set up by present government which
consist of 5-10 general seats, 2 seats for women, 1 for youth and
worker/peasant each and 1 for the non-Muslim member,. However, no
uniformity in volume of electorate is maintained and it varies from a population
of 2000 to 10,000 in one local council at grass-root.
All general seats in district & tehsil councils and all seats in village &
neighborhood councils would be elected through UAF on the basis of joint
electorate. The candidates securing highest vote in these V & N councils would be
nazim and naib nazim. All nazims and naib-nazims of district and tehsil would be
elected indirectly through electoral college. Special seats in districts and tehsil
councils shall be filled through proportional representation allotted to political
Local Government in Pakistan 81Local Government in Pakistan80
In spite of ruling party leader's speeches and promises, the government of KP did
nothing clearly that could reflect their agenda of preparing for new elections. Rather
the present provincial government was a bit confused over issue of legislation for a
revolutionary type of local government, inspite of that PTI had presented a model as
would be local government policy; that model was presented by Mr. Jahangir Tareen
few months ago but the party could not develop that model into a feasible system even
in their election manifesto for 2013 elections. Now almost one year is passed after
legislation but complete functioning of LGIs has yet to be completed. Overall, the LG
system is placed in abeyance without any legal justification.
Although PTI led government has presented its model of new local government but its
basic structure is similar to 2001 model with limited functions of municipal
administration. The key issue is devolving some of the functions taking from
provincial levels to the local councils and financial relocations against these
functions. Although district government would be continued as per 2001 with more
devolved functions to 17 district departments but these departments are not the key
line departments. Overall KPLGA-2013 is a very confusing law and not even well
drafted. It has many contradictions to the concept of devolution. However, the
electoral process in KP was a big show where more than 40,000 councilors were
elected.
Local government in the province of Balochistan is a relatively new addition after
independence. Before independence Balochistan was divided into two parts; One
part was under the British control and other part consisted of independent states.
British controlled Balochistan had municipality in Quetta and market committees in
other towns, whereas states had their own governments without any formal local
government institutions. After foundation of Pakistan, formalization of local
governments had started as per other provinces and Basic Democracy (BD) was the
first elected local councils system unified throughout the province. But in modern
time, inspite of new practices of constituting local governments, Balochistan is the
only province where elections were held with more regularity than other provinces.
Local Government in Balochistan Province
The deteriorating law and order situations and political un-rest always has been
stated as the main reason for not reforming governing institutions particularly the
LGIs in the province. There was always an excuse to not prepare election related
systems and delimiting the local areas for holding new elections but it has some
background politics which is based on many issues but to some extent ethnic
disparities amongst local residents. Previous provincial government when came to
power had amended LG law of 2001 by instituting deputy commissioners who were
later on made administrator to their respective LGIs.
Balochistan assembly passed new local government bill in May 2010. It is a modified
version of 1979 model. Structure of local councils has been changed but
representation of special interests groups remains same as previous. Election
procedures have been intact as per 2001. The functions of various tiers have been
altogether changed. Government control is increased and supremacy of elected
heads has been has been lowered down. Financial dependence of the local
government institutes upon provincial government is a continuous factor.
Qualification of a candidate has been changed to some extent. The powers and
authority of the provincial government as supervisory and controlling authority has
been increased that has resulted into an increased dependence of LGIs on provincial
government particularly involving the direct control of chief minister Interestingly,
the role of other elected parliamentarians is not so visible in this new system. The law
is badly drafted with many ambiguities and there is need to further enactments.
In the year 2008, new PPP led government took over the charge and a new law BLGA
was passed on 10th May, 2010. In that law there was a legal bar to hold elections
before 2012 but later on that bar was also removed by an act of assembly and an
amendment regarding holding elections on party basis was also passed in August
2013.
ECP had notified election schedule and election date had been fixed as on 7th
December 2013. Scrutiny of 22,000 candidates for 7,190 seats was done and nearly
1,700 papers had been rejected. All was set for holding elections on time. According
to Provincial Election Commissioner, nearly 2,509 candidates had been elected un-
opposed. Elections were held on 7th December for only 4,168 seats of various tiers in
different districts. The commissioner also disclosed that on 513 seats not even a
single candidate had filed papers therefore those seats were supposed to be filled
through by-elections after 7th December 2013. Although elections for general seats
Local Government in Pakistan 83Local Government in Pakistan82
were held on time but could not be completed till 2015 for unknown reasons. There
was bar put by the courts about reserved seats due to which composition of LGIs
could not be completed and the elections of the heads could not be held accordingly.
The LGI's constituion was not placed therefore there was no transfer of power to the
elected representatives, since they could not take oath as the councilors. All process
was in pending for the last one year.
Salient features of Balochistan Local Government Act (BLGA) 2010
There will be two types of local bodies; (a) Rural Councils (b) Urban Councils
(The district governments and town municipal administration have been abolished).
In urban city centers, there will be municipal committees in towns where population
will be exceeding 15,000, comprising of 8-60 members including general seats,
women, non-Muslim, worker's and peasant's representation. In each town a Town
Improvement Committee shall be constituted under specified rules.
Municipal Corporations will be formed where population would exceed 100,000 upto
500,000; consisting of 30-50 members including general seats, women, non-Muslim,
worker's and peasant's representation based on population. Where population will
be more than 500,000 there will be formed Metropolitan Corporation, consisting of
50-70 members including women, non-Muslim, worker's and peasants'
representation.
All local councils can initiate developmental projects with prior compulsory approval
from the government and these projects shall be duly approved by the council and
shall be incorporated in annual budget statements. In addition, commercial schemes
can be started and that also with prior compulsory approval from the government.
All local councils shall contribute or participate and encourage developmental
projects by the community.
Union councils will be formed in rural areas with population size 7,000-15,000. Each
UC will consist of 7-15 members, comprising general members and also non-Muslim
members according to their population living in that area. Additionally, special
interest group representation will be as per previous system, that is: 33% women,
5% workers and peasant's representation.
In every district, a district council will be formed which would be based on rural areas
excluding urban areasunder the jurisdiction of municipalities. DCs will be comprised
of general members, non-Muslim members and special interests groups. General
members will be all chairmen of UCs in that district. In addition to that all chairmen of
urban/municipal councils will also be members of the district council except the
mayor of the Metropolitan Corporation who will send his nominee.
There shall be three types of functions of local councils; (a) compulsory/obligatory
functions, (b) optional functions, (c) directives ( these functions shall be advised by
the government or by upper councils)
According to law, government has the right to determine exact number of councilors
for each tier. The government may extend, curtail or amalgamate a council into
another council or cease local council. In such circumstances, the funds and assets
may be transfered to nominating council or otherwise government could take its
control.
In each division there shall be a Divisional Council comprising of all chairmen of
metropolitans, municipal corporations, district councils and municipal committees
in that division. In addition all nation building government departments, federal,
provincial and local shall be represented in that council. The commissioner will be ex-
officio chairman and the secretary of LG & RD will be its ex-officio secretary. All sitting
MNAs and MPAs could observe and participate in DC meeting but they will not be
members of it. They shall meet once in every month. The functions of divisional
committee shall include: coordinating all departments and local councils in their
developmental and common projects, settlement of disputes amongst various local
councils, levy the property tax in rented areas specified by the government and
surcharge shall be levied to the local councils, officers or any persons acting on behalf
of local councils and responsible of damages, loss, waste or misappropriates of
resources of the councils shall be levied with a surcharge that would be fixed by the DC
and such a person may appeal to the government. All decisions of DC shall be
communicated to concerned government departments and relevant local councils for
further implementation. Two or more local councils could form a joint committee and
delegate such functions to act on common objectives.
A Local Government and Rural Development Board shall be established in the
government. The Government shall inspect the working of any local council at least
Local Government in Pakistan 85Local Government in Pakistan84
once in a financial year and may appoint any inspecting officer who shall be
empowered to observe sessions, inspect records, assets, property and can enquire
about any matters and shall be responsible to provide within 30 days a copy of
inspection report on which chairman should take actions as prescribed within 30
days. Government may suspend any order of a council or execution of any resolution if
found contrary to law or against public interest. All chairmen, vice chairmen, mayors
and deputy mayors shall be entitled to get remuneration as per their council's
decision.
In each local council a Musalihat Anjuman shall be constituted consisting of 3
members including 1 woman representative and 1 convener. The relevant council
shall elect them within 30 days of its first elections and local council can recall or
remove any one of them on account of having a partiality to any party in dispute or on
doing malpractice. As soon as seat is vacated, local council shall elect another member
in that place.
Every Musalihat Anjuman shall perform following functions:
The Election Commission of Pakistan will conduct elections. A special election cell
shall be constituted in provincial local government department to collaborate with
ECP. Election will be held after every four years upon announcement of dates by the
government. There will not be any legal bar on government to announce election
dates within a specified time. Election schedule should be announced 90-120 days
before the polling day. The law also laid down some clauses regarding elections,
disputes settlement, appointments of election staff, etc. Election will be held on the
basis of adult franchise through secret ballot. Delimitations of constituencies and
wards will be the responsibility of government, which can specify a local area by
combining multiple areas or dividing an area. Electoral wards may be single or
multimember wards but each voter could cast only one vote. Joint electorate will be
continued and voter's lists will be responsibility of ECP. The electoral lists as prepared
for provincial assembly will be used.
The minimum voter age will be 18 years and minimum candidate age will be 21 years
as on first day of election year. Election on reserved seats will be held in manner
The electoral procedures regarding local government elections
specified by the government. Election of chairman and vice-chairman shall be held
through procedure that government would specify separately. Double membership
would not be allowed but candidates may contest on more than one seat but of
different tiers. Any casual vacancy shall be filled through elections within 15 days but
government may extend that time period. If a chairman resigns or dies and remaining
tenure of those councils is more than 4 months then fresh elections shall be held. In
absence, vice chairman and in his/her absence first one from panel of presiding
officer will act in his/her place. If the government removes any chairman or suspends
him/her then an administrator would be appointed in his/her place. Deputy
chairmen and deputy mayors would not hold any executive authority and would be
convener of their respective councils.
A necessary clause has been added, which states that a candidate should not be
commonly known as one who violates Islamic junctions. Elections will be held on
party basis.Government may appoint administrator in absence of elected heads or as
caretakers for indefinite period. Any chairman can resign from his/her seat and vote
of no-confidence could be tabled but not within six months of taking oath. The
procedure will be laid down in rules of business. If a move of no-confidence fails then
the membership of both of the proposer and the seconded would be ceased, and for
the next six months no such motion could be tabled. If a vote of no-confidence passes
then the chairman or the vice chairman could not contest for the seat for remaining
period. Elections could be challenged through potations in special tribunals. Election
commission shall notify the returned candidates in case of all elections. Every
member or the chairman, mayor or their vice should submit declaration of their
assets in their name or in the name of their spouses or dependents.
Government may quash the proceedings of any council on same grounds or prohibit
any local council or require a local council to take such actions as specified.
Government shall have power to give directions to any local council. Government may
issue an order of inquiry against any local council and appoint an inquiry officer
holding with judicial powers to hear and record evidences etc. Government may
suspend or dissolve any local council and shall order for an inquiry about the charges
and appoint an inquiry officer. Government shall constitute an accounts committee
comprising of elected members and nominated members by the government who
Provincial governments control and superiority
Local Government in Pakistan 87Local Government in Pakistan86
shall review accounts and audit reports. Audit of local councils shall be carried out by
the director of Local Government Fund, and Audit. Government may appoint any
other person or authority as auditor to specially audit the accounts of any local
council. Government may terminate or remove any chairpersons, mayor or their
deputies on specified grounds.
Provincial government shall constitute a Local Government and Rural Development
Board in the provincial ministry of local government, which shall be a regulatory body
about services of local government and other administrative matters. That board
does not has powers as were entrusted under 1979 Ordinance. Instead maximum
powers shall vest in provincial governmentwhich means that the minister and the CM
shall be the supreme authority.
The Sindh province has been experiencing much confusing situation with regard to
local government. Basically, prevailing political conditionality has been causing
confusions and chaos in adapting any particular form of local government. The
province has two key contradictions that vests in the form of rural urban divide and to
some extent ethnicity based political grouping. Rural Sindh is Sindhi population in
majority to some extent under influence of native land lords that hold political powers
too, whereas in urban city centers Urdu speaking community holds key positions in
social and political life, whereas migrants from Punjab, KP and Balochistan are also
very significant in some parts of urban Sindh. These ethnic entities reflect different
political affiliations that are the bone of contention in smooth development of local
policy especially in the domain of local government badly influenced by this silent
conflict. In the past, General Pervaiz Musharraf had used that controversy
successfully in his favor. Before adapting LGO 2001, he combined 4 district of Karachi
into one City District Government and further divided district of Hyderabad into 4
more districts – Matyari, Jamshoro, Tando Allahyar, and Hyderabad. By doing that he
tried to accommodate various political families in new district governments. As a
consequence Urdu speaking community was given due recognition in the political
fields. As soon as General's rule was over the whole process of local government was
abandoned. The new PPP led government replaced new law with an old LGO 1979,
then new conflict between both main parties emerged and again settled by enacting
new peoples local government law by ambulating two models of 2001 and 1979 into
Local Government in Sindh Province
that. That was a much confused and non-practicable law that didn't work out even for
a single day. Again, a new law was passed for the third time by Sindh assembly in
Local Government in Pakistan 89Local Government in Pakistan88
Transfer of immoveable property tax by district council; tolls on local roads and
bridges in Karachi Metro would have substantial taxation powers. It has to share
its income to district MCs.
Local council may tax on rents, usher and cultivated lands a local cess
Local government shall function within the provincial framework. There is too much
control by provincial government that include declaring vacant seats, dissolving local
councils; determining local areas, merger and dividision of local areas and local
councils. Government may terminate any head of LGI. Regulation shall be done by
Local Government Commission. That shall be composed of concerned minister as
chair and 2 MPAs, 2 technocrats, secretary LG & RD, secretary law. Functions include:
supervision of councils, give directions and inspect to the councils, , holding Inquiry
about the affairs of councils, suspension of any department or institution and
supersession of councils. Set up advisory committees for any LGI. Disputes
resolutions shall be done amongst LGIs and the government. Government shall set-up
a Local Government Board for regulation of LG services only. In addition government
shall form division and district local boards which notify its members and functions
may be determined by provincial government.
No formal engagement of citizens in running affairs of a local council is present except
for voting and becoming a candidate from platform of political party. Municipality and
district councils shall be considered as primary units because all UCs shall have quite
limited functions that would be based on tasks assigned by upper councils. Instead of
going from lower to upper, all role and responsibilities shall be exercised from upper
tier down to UCs.
ECP would conduct the elections under the provincial law. Direct elections on UAF
basis will be held for UC members except for special interest seats and heads in UCs.
Whereas indirect-elections are being proposed for all heads of upper tiers, and for
special interests seats in every local council. ECP will register voters and will supply
electoral rolls. age for candidate shall be 21 years minimum. The tenure of all LGIs will
be of 4 years starting from the election date.
Electoral issues
Delimitations of wards in urban councils and in all other local councils will be carried
out by the ECP. It would be single-member constituency, but each voter will have only
one vote to cast. Elections will be held on party basis but independent candidates can
also contest. Besides numerous terms as per routine qualifications include special
provision of conformity with ideology of Pakistan and working for integrity of the
country are essential.
In Sindh province, for an effective and representative local government there does not
reflect any serious and concerted efforts by all major political forces, mainly because
of bifurcation of LGIs in rural urban divide that has based on ethnic conflicts. Every
Sindhi speaking citizen irrespective of political affiliation is favoring a similar local
government model where there is no supremacy of urban population within
framework of an LGI. Rather they have been proposing similar models where state
functionaries can influence elected members, for instance Sindhi nationalists also
advocate to restore LGO 1979 in its original form.
Therefore, in Sindh the future of local government depends upon political
understandings amongst ruling partners. In the last 5 years there were 4 legislative
steps taken and reverted repeatedly on political grounds. Politics based on ethnicity
is one of the main considerations in designing a particular system of governance.
Nobody except MQM wants Karachi as one district either with Karachi Metropolitan
Corporation (KMC) or City District Government Karachi (CDGK). Contrary to that, all
other political forces even Punjabi and Pukhtun would desire such a stereo-type local
government system confined to limited functions, only municipal administration in
the hands of elected councilors divided into small LGIs with accountability to the
provincial government.
Since Sindh has very resourceful and rich LGIs therefore Karachites want financial
independence, whereas other LGIs in rural Sindh are advocating continuity of
Provincial Finance Commission.
Formation of effective, efficient and powerful local government institutions in Sindh
undermine the supremacy of provincial government therefore, majority of political
parties and individuals want a model more dependent on the provincial government.
To address that mind-set a dialogue should be imitated among key stake-holders.
Local Government in Pakistan 91Local Government in Pakistan90
Devolution of power to the lower tiers at federal level
Local government in Pakistan has remained an area of prime concern for the military
rulers. Each one of them had introduced one particular system that remained in
practice for a long period. Even in the time of civilian government the system of local
government remains the same. For example, our early governments could not
formulate any system of local governance till 1958, when first military dictator
General Ayub Khan had introduced a new system of local government, 'The Basic
Democracy', that had been in place for nearly two decades, till third military dictator
Gen. Zia –ul-Haq had replaced it with a new one in 1979. In-spite of the fact that during
these two decades, there was one powerful civilian government of Pakistan People
Party-the first ever democratically elected popular government of Mr. Zulfiqar Ali
Bhutto but throughout its tenure the local government system was practically the
same as of BDs of the first martial law. However, his government had designed a new
People's Local Government System but it could not be enforced at any level. The
system of local government introduced by third military ruler Gen. Zia-ul-Haq had
been in practice till year 2000. Then fourth military ruler Gen. Pervez Musharraf came
to power who once again introduced a new system of local government, "The
Devolution Plan". Very interestingly that system has been continuing till 2012 in an
amended form. Besides the fact that all sitting federal and provincial elected
governments have totally rejected The Devolution Plan but practically only
Balochistan government had enacted new law of local government in year 2010,
whereas other provinces could not even formulate till 2012any new model and old
system of 2001 has been existing with sole powers to the administrators and the state
functionaries from civil services.
There might be certain reasons and motives behind junta's move but that is a
historical fact that we have five democratically elected governments and none of
them has ever tried to introduce a new version of local government system. Most of
these popular governments usually maintained the old system, introduced by the
military juntas but with minor changes and without making any fundamental
amendments. However, during 1975 the PPP governments had enacted a new
Peoples' Local Government Act but that could not be enforced. Similarly, during the
year of 1996 Punjab government of PML (N) had also enacted a new law but Lahore
High Court declared it against the spirit of Constitution. Ostensibly, both of these laws
were not different to previous models of military governments. The names of various
tiers of LGIs had been same as of Basic Democracy (for example, Zila and Union
councils are the names given in Basic Democracies Order).
The military governments had usual practices to develop a certain model of local
governments at central level and enforced provincial governments to promulgate
that through ordinances by the governors. Because each time military took power
they first introduced local government plans in absence of provincial legislatures. As
a result federal level ministry of local government and rural development always
remained instrumental to some extent, whereas promulgation of an ordinance was
always carried out by provincial military ruler. In that context some form of
centralization had always existed. On the other hand, local governments in
cantonments always vested with federal government through ministry of defense.
Similarly, in FATA there never had been any concept of local governance since 2012,
when new regulations were drafted but could not be enforced. Whereas in Gilgat-
Baltistan LG existed from General Zia's regime but it took the formal shapeduring
Musharraf's government.
Islamabad- the federal capital, has always been governed by the Capital Development
authority (CDA) under federal government till year 1992 when union councils were
elected in rural areas. During Musharraf's government the National Reconstruction
Bureau (NRB), a specially constituted think tank run by military government who had
drafted the Devolution Plan and proposed new local government system with 13
devolved functions at district level. The founding chairperson of NRB General Naqvi
had proposed to install local governments institutions in the urban area of Islamabad
and a new law was drafted but state-functionaries had resented that effort.
According to the Constitution of Pakistan 1973, the subject of local government is an
exclusive power of the provinces, because that subject neither exists in Federal list
nor in the Concurrent list. Only exception was in Ayub Khan's period when federating
units in provinces did not exist. After enforcing Constitution of 1973, local
government remained under the domain of federating units but federal government
had always intervened through federal ministry of local government or other federal
institutions like NRB of General Musharraf's era into the legislative processes of the
local government. After the 18th amendment in the Constitution, the federal ministry
of local government has been wind up and now ministry of defense is responsible only
for enactment of local government in the cantonments and ministry of interior is
responsible for Islamabad Capital Territory (ICT). whereas, FATA and GB are
controlled by president and the federal government. There are separate laws and
Local Government in Pakistan 93Local Government in Pakistan92
regulations for those areas controlled by the federal government.
Islamabad consists of urban and rural areas with 354,855 male voters and 297,147
female voters who elect their 2 MNAs and 1 senator for the parliament, but citizens
living in rural areas had elected local government representative only for 4 times that
is:1980 , 1983, 1988 and 1992 since its (ICT) creation as independent district in 1980.
Whereas in city of Islamabad, CDA controls all governing bodies and there is separate
municipal admiration wing under CDA for rendering municipal obligations. The
elections have been held under the supervisions of federal ministry of local
government and rural development. Thanks to the courtwho ordered to hold fresh
elections in the ICT as soon as possible. Now elections would also be held under ECP
according to constitution.
Previously, local government in ICT was subject to the ICT Ordinance 1960 and in
accordance to that Ordinance, the CDA master plans under zoning laws. LGIs have
exercised their functions under CDA rules and regulations. Last elections were held in
the year 1992 in rural areas only where 12 union councils were set up. A new law was
passed by the National Assembly (NA) in 2015 called the Islamabad Capital Territory
Local government Law 2015. According to this new law, the term of LGIs was
supposed to be of five years starting from first sitting of LGIs. After completing tenure,
the government may appoint administrator not more than six months as care-taker.
Removal or termination of any head and/or member, shall be vested in federal
government. Vacant seats also supposed to be declared by the government and ECP
was empowered to conduct by-elections for that set of seats vacant for any reason.
ECP shall also delimit the constituencies, provide electoral rolls, conduct elections
and solve electoral disputes. The qualifications and disqualifications are same as for
other members of legislatures other terms of reference for the candidates shall be as
per ICT local government law 2015. The minimum age to become a candidate is 25
years. That law was passed by NA but was never presented in the senate nor president
assented to that law but ECP has announced elections schedule. According tothat the
announcement, election shall be held on party basis on 30th November 2015. In the
month of September ECP will complete delimitations of LGIs and union council in the
capital city.
Local Government in the Federal Capital
According to ICT Local Government Act 2015, there will be one Metropolitan
Corporation in the city composed of all Chairmen and Vice chairmen of the union
councils and 50 union council of 11 members. In addition to that, 33%
women, 5% workers or peasants, and youth representatives would be elected on
reserve seats. Besides them 5% non-Muslims and 2% technocrats shall also be
elected on reserved seats. The union councils would consist of chairman and vice
chairman as joint candidates; there shall be 6 general seats, 2 women, 1 youth,
1worker or peasant and 1 for non-Muslim member A total of 13 members shall form
one union council. All seats in a union council shall be filled through UAF and through
secret ballot whereas reserved seats and the mayor or deputy would be indirectly
elected by the metropolitan councilors. All local councils would perform their
functions within the limits of master plan and other development plans established
by the CDA.
Pakistan has more than 50 cantonments. In cantonments, there are Cantonment
Boards for local administration. There is a large civilian population living in highly
developed housing societies (DHAs) but its entire governing control has always been
in the hands of military officials and institutions. Cantt Boards have been providing
and controlling civic services. All cantonments were covered under Cantonment
Board Act 1924- a very old and stereo-type law designed by the English rulers when
cantonments were located far flung from the civilian residential areas. Later, military
governments of Pakistan had amended that law many times but the main framework
always remained the same. It was again the Apex Court under whose directives the
Ministry of Defense tried to enact a new law in 2013 after a long time but even after
serving show cause notices to the concerning officials, SC could ensure holding of
fresh elections in Cantt Boards. However, in March 2015 president of Pakistan has
promulgated an ordinance in order to amend the old laws and empowering ECP to
hold new elections. However, the new ordinance never became an Act of parliament.
Previously in the year 2012, a new law was proposed as a private member bill to
amend the old law of 2000 but that was never presented in both of the houses for
making it country law. According to the latest ordinance in all Cantt Boards, there
Concisely
According to new amendment there will be one Mayor and three Deputy
Mayors. Anybody outside councilors may contest for these spots. Elections on recent
seats in contest will be held once in a year.
Local Governments in the Cantonments
Local Government in Pakistan 95Local Government in Pakistan94
shall be 200 wards in 42 cantonments. Only one member shall be elected from every
ward. Additionally, on reserved seats there are only 2 categories: the category one
includes women, workers, peasants and youth members whereas second category
includes only the non-Muslim population. ECP has fixed these seats and allocated to
various cantonments. There are cantonments where there are only non-Muslims
elected on reserved seat(as there is no seat reserved for other category). According to
recent elections, there are only 200 general seats and 49 reserved seats that include
30 reserved for non-Muslims and 19 reserved for women, workers, peasants and
youth representatives. That type of Cantt Board as local government institution can
never function as representative forum. Besides these confusions there shall be a
military personal as head (president) of the cantonment boards.
Cantt Boards tenure will be of five years. The election commission will conduct
elections and provide electoral lists, etc. The president of the board shall have
absolute powers. Delimitation of UCs and declaring an area as UC shall be done by the
federal government- for that purpose some standards (not specified) shall be
adapted. According to new law 2015, Cantt Boards will be composed of president
from army, usually the station commander or any nominee by federal government.
One vice president elected indirectly by all members who are directly elected from
the wards. Apart from constituting elected bodies in Cantt Boards, the fact is that the
most valuable and resourceful residential areas of DHAs shall be out of the
jurisdiction of the Cantt Boards which otherwise gives a message that the
establishment of elected boards is not a well-considered and thoughtful action and
is merely taken as a formality to fulfil.
FATA consists of agencies and Frontier Regions (FRs) located between Afghanistan
and Pakistan and governed by the KP governor through political agents in agencies
and deputy commissioners in FRs. The governing order is the FCR regulations
controlled by FATA administration secretariat under supervision of the governor.
Currently there are 4 municipal committees for municipal administration in FRs,
whereas in agencies Jirga Councils of the elders rule the territory and political agent
control administration through revenue officers. From 2012 political parties order
extends to FATA but political parties could not be functional in most of the areas. Most
Local Government in Federally Administrated Tribal Areas
(FATA)
of educated people have been demanding to end the FCR and enforcement of regular
laws to the FATA territory . Now it is also a popular demand to install local
governments in FATA too. In year 2012, FATA secretariat in Peshawar developed FATA
Local Government Regulations for agencies and FRs but that could not be enforced for
various reasons. According to that draft law, more municipal committees were
proposed for all towns notified by the governors and each MC shall consist of directly
elected members (the number shall be determined by the governor). Local
government shall perform all of its functions including municipal obligations in their
respective areas. The governor shall hold supreme authority over LGIs but elected
members could be inducted into governing practices instead of non-elected elders.
Since the governor is the representative of the president of Pakistan, therefore federal
government shall be empowered to give advices to the president in that regard.
The Northern Areas of Pakistan consist of nine districts. Traditionally, these areas
including Gilgit and Baltistan as agencies were under the control of political agents
appointed by the federation. Before General Zia's government there was no concept of
local government separated from political agents governing authority. In late nintees
Northern Area Council was established with elected membership. These areas got the
status equal to other federating units at the time of PPP's last regime under self-
governing rule. GB got equal status to a province but without any constitutional
coverage. Prior to that local governments were formed under 1979 Local Government
Ordinance .According to that Ordinance 5 district councils with 57 seats, 5 municipal
committees with 61 seats and 103 union councils with 719 seats were formed
through elections in 2004.
Very recently, the governor of Gilgit-Baltistan has assented to the Gilgit-Baltistan
Local Government Act 2014 that was passed by the legislative assembly unanimously
on 18th August 2014.
For drafting the law a select committee was notified by the Gilgit-Baltistan Legislative
Assembly who drafted the Local Government Act 2014. Gilgit-Baltistan that has the
Local Government Ordinance of 1979 enforced in the region since September 1979.
The new local government system shall be based on two tiers: the District Councils
and the Union Councils in rural areas while the Municipal Committees will be the
Local Governement in Gilgit-Baltistan (GB)
Local Government in Pakistan 97Local Government in Pakistan96
lowest tier in urban centers. During previous system, the middle tier of tehsil council
was not notified officially when the Local Government Ordinance of 1979 was
extended to Gilgit-Baltistan. Under new law the Gilgit-Baltistan government will now
work with the election commission of Gilgit-Baltistan to chalk out the process of
conducting the local government elections.
Urban and rural areas will be notified wherein local governance structures will be
formed comprising of representatives elected through adult franchise basis and
indirectly elected members on reserved seats for women and religious minorities.
The local government elections will be held on party basis and under single ward
electoral system. The standing committee system has been introduced at the local
government level. A local government commission will be set up to ensure a link
between the Gilgit-Baltistan government and local government structures. A local
council board will be formed to oversee the appointments and other service-related
matters of local government employees. Under the local government service
structure, the employees of the local government will be considered as public
servants and they will get honoraria, pension, provident funds and other employment
related facilities. Two city metropolitan corporations will be established in Gilgit and
Skardu districts, headed by a mayor and a deputy mayor. A Jirga Anjuman will be
formed at district council level for out-of-court settlement of disputes. In addition to
the reserved seats for women, the law specifically mentions that any local council will
not be considered effective and functioning unless the required number of women
seats have been filled.
Until now there has not been any serious move to hold elections in GB, but possibility
of elections are certain to some extent because of popular demand for having elected
councils there and ending the one-person rule of administrators in LGIs. Although
new law has been enacted in GB, but its complete enforcement is still questionable.
The process of delimitations and other election related issue are pending and are yet
to be settled according to new enactments.
Key features of the Gilgit-Baltistan Local Government Act
2014 are:
The Electoral Issues-An Overview
There are many electoral issues without any proper solutions. Under local
government laws, electoral provisions exist in every law but not in conformity of
Local Government in Pakistan 2
TABLES & CHARTS
Local Government in Pakistan98
Local Government in Pakistan 101Local Government in Pakistan100
1 35
11 1
82
0 0
40
15
0 22
1 25
6 3 37 15
1
0
11
37
37
2
81 24 73
28
35
50
4
91 32
4 53
63
5
31 50
9 1 85 12
5
6 19 2
80
15
1
73
86
72
87
6
42
Metro Pol i tian
Corporation
Dis trict
Counci l
Dis trict
Municipa l
Corporation
Municipa l
Corporation
Municipa l
Committee
Town
Committee
Tehs i l
Counci l s
Union
Counci l s /
Vi l lage
Counci l s
Union
Committee/
Neighborhood
Counci l s
Cantonment
Boards .
Punja b Sindh KPK Baluchis tan Is lamabad Gi lgat Tota l
Local Govt. Institutions in Pakistan-2015
Local Govt. Institutions In Punjab-2015 Local Govt. Institutions In KP-2015
0
500
1000
1500
Series1 25 6 3 37 151 1137 372 8
Dis trict Dis trict Municip Municip Town Union Union Canton
Local Govt. Institutions Sindh-2015
Local Government in Pakistan 103Local Government in Pakistan102
1 32 4 53
635
3
Metro Politian
Corporation
District Council Municipal
Corporation
Municipal
Committee
Union Councils /
Village Councils
Cantonme nt
Boards.
97
8
97
8
17
01
0
30
24
92
22
08
2
32
9
33
5
56
70
10
04
31
73
69
59
85
28
35
50
2
5
34
86
59
85
28
35
50
2
5
34
86
59
85
28
35
50
2
5
34
86
14
84
15
68
31
18
5
55
34
13
8
39
90
9
Districts Tehsils Village Councils Neighborhood City Districy Total
# of Seats in Local Government Institutions
Genera l Women Peasants/Workers Youth Minori ty TOTAL
Local Govt. Institutions In Balochistan-2015
Punjab
Representation in KP-2015
District Governments in KP-2015
Local Government in Pakistan 105Local Government in Pakistan104
56%44% Male Voters
Female
Voters
66
37
17
7 5 2
51
14
0
10
20
30
40
50
60
70
PLM-N PTI
MQM PPP JI
ANP
Indip
endent
Un-Oppose
d
0
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
Male Voters Female Voters Tota l Voters
Male Voters 30,183,83 11,138,13 7,630,814 1,913,729 1,129,470 367,960 52,363,94
Female Voters 23,642,61 8,993,159 5,748,218 1,419,074 593,231 312,652 40,708,95
Tota l Voters 53,826,45 20,131,29 13,379,03 3,332,803 1,722,701 680,612 93,072,89
Punja b SindhKhyber
Pakhtun
Ba luchis
tanFATA
Federa l
AreaTota l
Registered Voters in Pakistan (as on 22.09.2015)
Registered Voter in Pakistan (as on 22.09.2015)
Cantonment Boards in Pakistan
Parties’ Position in Cantonment Elections-2015
Local Government in Pakistan 107Local Government in Pakistan106
32%
19%9%
4%1%
25%
7%
3%
PLM-N PTI MQM PPP JI ANP Indipendent Un-Opposed
3188 7614 3510 6,022 6,131 6,131 9586
0 630 270 305 389 389 73
195 220 00 62 62 0
46 78 78 92 102 102 125
12 00 4 8 8 0
108 234 000 208
000000 151
2 2 17 000 19
000000 6
00 2 000 4
3443 8652 4111 6453 6692 6692 10172
Union Councils
Tehsil Councils
Town Councils
District Councils
City District
Municipal committees
Town Committees
Municipal Corporations
Distt. Municipal Corp.
Metropolitan
TOTAL
Tenure 1960 Tenure 1965 Tenure 1979 Tenure 2001 Tenure 2005 Tenure 2010 Tenure 2015
Parties’ Position in Cantonments Elections- 2015
Election Status of Cantonment Board
Registered Voters in Cantonment Board
Local Government Institutions in Pakistan: 1960-2015
0
10000
20000
30000
40000
50000
60000
MetropolitianCorporation 1(Lahore)
MunicipalCorporation
7
MunicipalCommittees
79
TownCommittees
140
Zila Councils 34
UnionCouncils
3043
Total 3304
Musl ims Non Mus l ims Workers Peasants Women Tota l
z
Local Government in Pakistan 109Local Government in Pakistan108
1
5
3
0
15
15
32
0
400
30
234
19
38
0
120
26
397
18
52
26
104
597
396
3470
0
1
396
1563
5409
468
4452
57
126
422
1853
6519
72
6
58
60
293
4 1
Local Counci l
Mus l ims
Non Mus l ims
Workers
Peasants
Women
Tota l
Municipa l Corporation Quetta Municipa l Committees Town Committees Dis trict Counci l Union Counci l s Tota l
Local Govt. Institutions under the Basic Democracies System of 1959
Number of Seats in Local Councils(as on October 1999)
st1
Balochistan > Number of Seats in Local Councils st(as on 1 October 1999)
Local Councils in Pakistan (as on October 1999)st1
Local Government in Pakistan 111Local Government in Pakistan110
3204 59027 31718
321586
9279 13540
451 72424345
125
842826 13947 11334807
1614847 15847 10284
1408
331 20590 00 0
5459 96900 57681 1794 1849 13794 17390
1873
57
184
8
17651000837113 1800018
Total Councils Total Councilors Muslims Non Muslims Workers Peasants Women
Punja b Balochis tan NWFP Sindh Northern Areas Is lamabad Tota l
1,852,220
53,336,603
35,138,245 12,421,472 54,748,540
2,649,306
7,785,320
36,347,673 13,119,159 59,899,422
Baluchistan KPK Punjab Sind National
2001 2005
Total Membership of Local Councils (as on October 1999)st1
Province–wise Registered Voters
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Municipa l Corporation 1 (Karachi )
Municipa l Corporation 9
Municipa l Committees 28
Town Committees 117
Dis trict Counci l 17
Union Counci l s 675
Tota l 847
Mus l ims Non Mus l ims Workers Peasants Women Tota l
z
4761 719 24 851
0 0 0 00 0 0
57 61 719 24 861
0
1010
Zila Councils 5 Municipa l Committee
5
Union Councils 103 Northern Are Council
1
Tota l 114
Mu s l i m s Non -Mu s l i m s W om e n Tota l
Northern Areas – Number of Seats in Local Councils st(as on 1 October 1999)
0
10000
20000
30000
Mus l ims Non
Musl ims
Workers Peasants Women Tota l
Municipa l Corporation 1 (Pwshawer)
Municipa l Committees 30 Town Committees 12
Dis trict Counci l 24 Union Counci l s 759 Tota l 826
z
NWFP (KP) – Number of Seats in Local Councils st(as on 1 October 1999)
Number of Seats in Local Councils (as on October 1999)
Local Government in Pakistan 113Local Government in Pakistan112
51
8 95
7
3,4
53
1,0
94
6,0
22
56
7 98
6
3,4
64
1,1
14
6,1
31
Baluchistan KPK Punjab Sind National
2001 2005
6,022 30530
924
6,131 38962
1028
Union Councils Tehsil Councils Town Councils District Councils City District
2001 2005
0
20000
40000
60000
80000
100000
120000
140000
M uslim General M uslim General-
Women
Peasants &
Workers
Peasants &
Workers
(women)
M inorities Nazim/Naib
Nazim
Total
Punja b Sindh NWFP Baluchis tan Tota l
Province-wise Union Councils
.
Local Govt. Institutions
Number of Seats in Union Councils-2001
33.06
31.14
44.36
41.22
58.64
53.56
41.61
37.67
52.52
47.5
Baluchistan KPK Punjab Sind National
2001 2005
Sindh
Province-wise Voter's Turnout (in percentage)
Local Government in Pakistan 115Local Government in Pakistan114
13
82
6
69
28
69
28
69
28
34
74
69
28
45
01
2
43
23
21
95
22
28
22
28
12
80
22
28
14
48
2
39
44
19
72
19
72
19
72
98
6
19
72
12
81
8
22
68
11
34
11
34
11
34
56
7
11
34 73
71
24
38
1
12
22
9
12
26
2
12
26
2
63
07 12
26
2
79
70
3
M uslim General M uslim General-
Women
Peasants & Workers Peasants & Workers
(women)
M inorities Nazim/Naib Nazim Total
Punja b Sindh NWFP Baluchis tan Tota l
Local Councils in Pakistanst
(as on 1 October 1999)
Number of Seats in Local Councils(as on October 1999)st
1
Number of Seats in Local Councilsst
(as on 1 October 1999)
Source: Provincial Election Authority (Census Bulletin 1998)
Number of Seats in Union Councils-2005
Local Government in Pakistan 117Local Government in Pakistan116
Number of Seats in Local Councils
Number of Seats in Local Councils
Number of Seats in Local Councils st(as on 1 October 1999)
Total Membership of Local Councilsst
(as on 1 October 1999)
References:1. Local Government Laws in Pakistan & AJK; (Ministry of Local Government & R-
D Islamabad)
2. Women in Punchayat Raj, Structures; (Gian Publishing House New Delhi)
3. Local Government in Pakistan-Local Government Extension Service; (Afzal
Mohammad, Ministry of Local Govt & R-D)
4. Local Government in LDCs and some related issues; (Jamil Mian Muhammad,
Feroz Sons Ltd) 1996
5. Women Parliamentarians; (Har-Anaud Publications New Delhi)
6. Sardari, Jirgas and Local Government System in Balochistan. (Dr. Mehmood Ali
Shah) 1992
7. Government and Politics of Pakistan. (Dr. P. Sharan, Metropolitan Book co. New
Delhi.
Local Government in Pakistan 119Local Government in Pakistan2
Key to Abbreviations:
AJK Azad Jammu and Kashmir
BD Basic Democracy
BLGA Balochistan Local Government Act
CCBs Citizens Community Boards
CCP Code of Criminal Procedure
CDG City District Government
CEO Chief Executive Officer
DCO District Coordination Officer
FATA Federally Administrated Tribal Areas
GST General Sales Tax
ICT Islamabad Capital Territory
IJI Islami Jamhoori Ithad
IRDP Integrated Rural Development Program
KP Khyber Pakhtunkhwa
LG Local Government
LHC Lahore High Court
MC Municipal Committee
MC Metropolitan Corporation
MNA Member National Assembly
MPA Member Provincial Assembly
MQM Muttahida Qaumi Movement
NHA National Highway Authority
NIC National Identity Card
NRB National Reconstruction Bureau
NRB National Reconstruction Bureau
NWFP North West Frontier Province
PM Prime Minister
PML Pakistan Muslim League
PPP Pakistan Peoples Party
PWP Peoples' Work Program
TEPA Transport Planning Agency
TMAs Tehsil Municipal Administrations
UC Union Council
VAID Village A.I.D Program
WASA Water and Sanitation Agency