LOCAL GOVERNMENT PLAN 2000

THE DISTRICT

General

Elections

Political Structures and Systems

Zila Council

District Administration

Functions of the Administration

District Ombudsman

District Judiciary

THE TEHSIL

General

Elections

Administration

Functions

THE UNION

General

Elections

Functions

THE VILLAGE COUNCIL

General

Elections

Functions

CITIZEN COMMUNITY BOARDS

 

THE CITY DISTRICT

Lack of Adequate Urbanisation

Evolution of Tehsils and the Designation of City Districts

Declaring Existing Cities as City Districts

City District Administration

Cantonments

THE POLICE

District Police

City Police (Capital Cities)

City Police (Non-Capital Cities)

Prosecution Service

Police Complaints Authority

Provincial Public Safety Commission

National Public Safety Commission

LOCAL GOVERNMENT SYSTEMS

Electoral System

Finance System

Planning System

Information System

Monitoring System

Incentive System

LOCAL GOVERNMENT PLAN 2000

The following is the text of the Local Government Plan 2000 unfolded by Chief Executive Gen Pervez Musharraf on the Independence Day of Pakistan:

1. In the existing system of governance at the local level, the province governs the districts and tehsils directly through the bureaucracy at the division, district and tehsil levels. And the local government for towns and cities exist separately from those of the rural areas. The provincial bureaucratic set-ups are the designated ‘controlling authorities’ of the local governments, and tend to undermine and over-ride them, which breeds a colonial relationship of ‘ruler’ and ‘subject’. The separate local government structures engender rural-urban antagonism, while the administration’s role as ‘controlling authorities’ accentuates the rural-urban divide.

2. The two structural and systemic disjoints mentioned above, coupled with the absence of horizontal integration and the consequent inadequacy of functional co-ordination between the line departments at the division, district, and tehsil levels, lead to inefficiency and corruption, and are the root causes of the crisis of governance at the grass root level. This crisis appears to have been addressed through over-concentration of authority, particularly in the office of the Deputy Commissioner, which besides creating the potential for abuse of authority, diffuses operational focus and results in the expedient handling of routine functions through crisis management.

3. The proposed Local Government Plan integrates the rural with the urban local governments on the one hand, and the bureaucracy with the local governments on the other, into one coherent structure in which the district administration and police are answerable to the elected chief executive of the district. Citizen monitoring by elected representatives, the civil society’s involvement with development, and a system of effective checks and balances, completes the hard core of the political structure and system of the Local Government.

4. The Local Government design is based on five fundamentals: devolution of political power, decentralisation of administrative authority, deconcentration of management functions, diffusion of the power-authority nexus, and distribution of resources to the district level. It is designed to ensure that the genuine interests of the people are served and their rights safeguarded. The new system will create an enabling environment in which the people can start participating in community welfare and be the masters of their own destiny.

5. The administrative set-up will be rationalised by defining lines of responsibility clearly, and providing protection against political interference and transfers on non-professional grounds. To ensure coherent development and adequate provision of services, the administration and the police will work under the elected head of the district. However, to safeguard against abuse of authority, effective checks and balances are an integral part of the Local Government Plan.

6. Financial resources will be distributed to local governments through formula-based provincial fiscal transfers and decentralisation of specified taxation powers. Prescribed lists of taxes will be finalised within the framework(s) of provincial fiscal transfers to districts. This will enable the Local Government to effect credible development and service delivery.

7. Local governments will be formed at three levels: District, Tehsil, and Union. Each will comprise its Nazim and Naib Nazim, its elected body, and its administrative structures. To involve people more actively in community development, grass root organisations like the Village Councils and Citizen Community Boards have been introduced. The scheme provides for monitoring the functioning of government and delivery of services by the citizens and their representatives at all levels.

8. The local government system is designed basically to suit the needs of district that have no large cities in them. Such districts form the large majority of districts of the country. The Local Government Plan envisages that large cities like Karachi, Lahore, Faisalabad, Gujranwala, Multan, Hyderabad, Peshawar, Sukkur, Quetta, Rawalpindi and Bahawalpur will be declared city districts in a phased manner, starting with Karachi, Lahore, Peshawar, Quetta and Islamabad. The peculiarities of these large urban centres will call for variations in the administrative, municipal and police structures.

9. To address the crucial issue of public peace and security, the law enforcement system has been reconstituted from the Thana upwards, through the district, the province, and up to the federal level. The new system is designed to serve as an honest arm of the judicial and government structures that may ensure the liberty of the law-abiding citizens and threaten every violator of law without distinction.

10. Delivery of justice at the doorstep is an essential element of good governance. The proposed Local Government Plan therefore included recommendations for changes in judicial structures and systems at the district level and below which were approved by the National Security Council in March 2000. Those recommendations are being conveyed to the Chief Justice of Pakistan for consideration as part of the overall reform of the judiciary.

11. Local Governments will function clearly within the provincial framework. Sustainable development and credible improvement in the delivery of services, through devolution of power and responsibility and decentralisation of authority, to the districts, will greatly enhance the image and effectiveness of provincial governments at the grass root. This will strengthen the provinces and the country as a whole.

12. This document contains the core of the local government system that has finally emerged from the revision of the proposed plan announced on 23rd March 2000. Based on this plan, a new model law has been developed by the National Reconstruction Bureau, which after adaptation will be promulgated by provincial governments as provincial ordinances by 30th September 2000. The National Reconstruction Bureau will publish a detailed booklet entitled LOCAL GOVERNMENT SYSTEM 2000 by the end of this year, which in addition to the final plan contained in this document will include design philosophy and further details about administration and local government systems.

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THE DISTRICT

General:

13. The District government will include the Zila Nazim and Naib Zila Nazim, the Zila Council, and the District administration. The Naib Zila Nazim will be the speaker of the Council and the Zila Nazim will not be its member.

14. The Zila Nazim will be the executive head of the district and the administration and the police will be responsible to him. This will make state functionaries and service providers accountable to the elected representatives of the people.

15. In order to improve the effectiveness and efficiency of the district government, official oversight of the administration will be dovetailed with monitoring through specialised committees of the Zila Council and the citizens. Result-oriented performance evaluation and incentives system based on official oversight and citizen monitoring will be introduced.

16. To improve critical information gathering and to aid official oversight and legislative monitoring, information systems will be created and subsequently automated. In addition the right of information expressed in regulations on open access and the free flow of information in public offices will contribute to transparency.

Through the creation of new offices like literacy and information technology in the districts, the foundations for the entry of Pakistan into the information age of the new millennium are to be established.

Elections:

13. Election of Members of Zila Council: Directly elected Union Nazims will be members of the Zila Council also. Each union will therefore have one representative in the Zila Council. The number of general seats in the Zila Council will vary depending on the number of unions in the district. In addition to the general seats, the Zila Council will have thirty-three per cent seats reserved for women, five per cent for workers / peasants, and five per cent for minorities. All the Union Councillors of the district will be the Electoral College for these reserved seats.

14. In a district where the population of the minorities is in excess of 10% of the total population, reserved seats for minority communities shall be allocated in the manner prescribed by the provincial government. There will be direct elections for these seats for which only the minorities will be eligible to vote, and the whole of the district will be the constituency.

15. Elections of the Zila Nazim and Naib Zila Nazim: The Union Councillors of the district will elect the Zila Nazim and Naib Zila Nazim as joint candidates. The Zila Nazim and Naib Zila Nazim will have academic qualification of at least matriculation / secondary school certificate, or equivalent.

16. If the office of the Zila Nazim falls vacant for any reason, the Zila Council will elect an officiating Zila Nazim to fill the post until such time that by-elections are held and another Nazim takes over. The person so elected will serve for the remaining part of the term only. Recall of either the Zila Nazim or the Naib Zila Nazim will not automatically result in the removal of the other.

17. Recall of Zila Nazim:

1. Internal: A motion for the recall of the Zila Nazim may be moved by any member of the Zila Council and seconded by another. A simple majority in the Zila Council will be needed for the motion to be carried. In case, the motion fails in the Zila Council, then the member who moved and the one who seconded the motion will lose their seats in the Zila Council as well as their positions of Nazim of their union councils. If the motion carries in the Zila Council it will be voted upon by all the Union Councillors of the district and will require a two-thirds majority for final approval.

2. External: The Zila Nazim may be removed from office by the Chief Minister of the province on a motion, stating the grounds for removal, to be approved by a simple majority of the total membership of the Provincial Assembly and subject to confirmation by the governor in his discretion. The governor may, however, send the motion back to the Provincial Assembly for reconsideration before according approval or otherwise.

3. For either external or internal recall, the following conditions will prevail:

1. No motion for the removal of Zila Nazim may be tabled during the first six months of his assumption of office.

2. A motion for recall may not be tabled more than once a year.

3. The recall process will include providing an opportunity to the Zila Nazim to present his defence in person.

4. To obviate divisive politics, the Naib Zila Nazim will not be entitled to succeed the Nazim temporarily or take part in the by-election for that office.

Political Structures and Systems:

23. Zila Nazim: The Zila Nazim will provide political leadership for the development of the district and will be in a position to influence policies that could improve both the current quality of life and the future development prospects of a district. In collaboration with the Tehsil Nazims, the Zila Nazim will create a development vision for the district integrating the roles and resources of the administration, private sector, civil society organisations, and local level institutions. This vision will be realised through development plans and budget that the Zila Nazim will submit to the Zila Council for approval.

24. Naib Zila Nazim: The Naib Zila Nazim will be the speaker of the Zila Council and provide liaison between the Council and the Zila Nazim. The Naib Zila Nazim will deputise for the Zila Nazim in his temporary absence.
    
    Zila Council:

25. The Zila Council will have the following fundamental functions:

1. Legislative: Levying of taxes as per list of district taxes given in the Local Government Ordinance 2000; raising or lowering existing taxes; and making by-laws, rules and procedures applicable to local governments. However, on a motion by the provincial government, the provincial assembly may, by resolution stating the grounds thereof, passed by a simple majority of the total members of the provincial assembly, set aside a resolution of the Zila Council or an order of the Zila Nazim, if considered to be against the public interest. That resolution will be subject to confirmation by the governor in his discretion. The governor may however send the motion back to the provincial assembly for reconsideration before according approval or otherwise. Provided that the said resolution of the provincial assembly shall not be applicable regarding budgetary and planning matters and matters pertaining to transfer of officers.

2. Monitoring: The Zila Council will monitor the district administration through a specialised committee system, which will entail constituting as many Monitoring committees as the number of Offices in the district administration. In addition, there will be an Ethics Committee, a Justice Committee, and a Sports Committee.

3. Approval of budget and development plans: The Zila Council will approve district annual development plans and budget presented by the district administration under the direction of the Zila Nazim.

District administration:

26. The Zila Nazim will be the executive head of the district; and the administration and the police will be answerable to him.

27. The district administration will be co-ordinated by a District Co-ordination Officer who will be a Civil Servant (BS 20). The administration will consist of upto 12 groups of district offices each headed by the Executive District Officer. District Officers will head sub-offices at the District Headquarters, while Deputy District Officers will be in charge of specific functions located at Tehsils. The Executive District Officers will primarily be co-ordinating the work of the sub-offices. There will also be an internal audit office under the Zila Nazim.

28. Revenue and Magistracy will be separate offices in the district.

29. The Division as an administrative tier will cease to exist.

30. Provincial Authorities / Agencies performing municipal / development functions will come under the control of the respective local governments.

31. In his interaction with the provincial government the DCO will not by-pass the Zila Nazim.

32. The provincial government will post the District Co-ordination Officer, District Police Officer and district officers to the district.

33. The normal tenure of a posting of any officer will be three years.

34. The Zila Nazim will have the authority to transfer the DCO prematurely but only after giving him a formal warning. In such an eventuality the Zila Nazim will state his reasons for the transfer in writing to the Chief Secretary, who will be obliged to transfer the DCO within a week.

35. The Zila Nazim in consultation with the DCO may prematurely transfer any officer of the district but only after giving him a formal warning. In such an eventuality the Zila Nazim will state his reasons for the transfer in writing. In case of a difference of opinion between him and the DCO, the Zila Nazim will prevail.

36. If a DCO or any district officer has been prematurely transferred from two districts, he will be proceeded against under the Efficiency and Discipline Rules.

37. The reporting relationships of the officers in the district will be as given below:

1. The Zila Nazim being the head of administration will initiate the performance evaluation report of the District Co-ordination Officer (DCO). The technical reporting officer of DCO will be the Chief Secretary, and the counter-signing authority the Chief Minister.

2. The District Co-ordination Officer will initiate the performance evaluation report of the Executive District Officer (EDO) and the counter-signing authority will be the Zila Nazim.

3. The Executive District Officer will initiate the performance evaluation report of the District Officer. The technical reporting officer will be the head of the concerned department and the counter-signing authority the DCO.

4. The District Officer will initiate the performance evaluation report of the Deputy District Officer (DDO) and the counter-signing authority will be the EDO.

38. Depending on the particular conditions the district administration may be re-organised / re-grouped into the following Offices and Sub-Offices. However, the NRB will work out details of the administrative structure of the district and study the magisterial powers and functions of all district officers with special reference to the retention of the office of Magistracy:

1. District Co-ordination Office: Co-ordination, Human Resource Management, and Civil Defence.

2. Finance and Planning: Finance & Budget, Planning & Development, and Accounts.

3. Works and Services: Housing, Urban & Rural Development, Water Supply and Sanitation, Building & Roads, Energy & Industrial Promotion, and Transport.

4. Agriculture: Agriculture (Extension), Livestock, Irrigation & Drainage, Fisheries, and Forests.

5. Health: Public Health, Environment, Basic and Rural Health Units, Child & Woman Health, and Population Welfare. The Medical Superintendent(s) of hospitals will also function under this Office.

6. Education: Boys Schools, Girls Schools, Technical Education, Colleges, and Sports (Edu.).

7. Literacy: Literacy campaigns, Continuing Education, and Vocational Education.

8. Community Development: Local Government Institutional Development, Community Organisation, Labour, Social Welfare & Special Education, Sports & Culture, Registration, and Co-operatives.

9. Information Technology: Information Technology Development, Information Technology Promotion, and Database.

10. Revenue: Land Revenue & Estate, and Excise & Taxation.

11. Law: Litigation, Legal and Legislation.

12. Magistracy:

39. To facilitate the process of re-grouping of Offices and Sub-Offices at the district level, rules of business for the district government and necessary amendments in the laws, rules and regulations will be prepared and included in the new manuals.
    
    Functions of the Administration:

40. The District Administration will perform the following functions:

1. Prepare plans and budget for submission to the Zila Nazim, and upon approval by him and passage by the Zila Council, carry out their implementation.

2. Formulate district rules and regulations for approval by the Zila Council.

3. Apply federal and provincial laws, rules and regulations in areas covered by the administration.

4. Undertake executive oversight of the execution of district policies.

5. Provide information and co-operate with the legislative monitoring of the Zila Council, Tehsil and Union Monitoring Committees and Citizen Community Boards.

6. Use the information collected through the information and evaluation system from all levels of monitoring.

District Ombudsman:

41. In order to strengthen the capacity of the local government to redress citizens’ grievances related to district offices, the institution of District Ombudsman (Zila Mohtasib) will be established. The Ombudsman will be selected and appointed by the Zila Council.

42. The Ombudsman will investigate and redress matters involving mal-administration either suo moto or on a complaint from any citizen.
    
    District Judiciary:

43. The Local Government Proposed Plan published in May 2000 included recommendations for changes in judicial structures and systems at the district level and below which were approved by the National Security Council. These recommendations are being conveyed to the Chief Justice of Pakistan for consideration as part of the overall reform of the judiciary.

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THE TEHSIL

General:

44. The Tehsil Government will include the Tehsil Nazim, the Naib Tehsil Nazim, the Tehsil Council and the Tehsil administration. Tehsil Governments will be established in all existing tehsils except in cases of districts that comprise only one Tehsil.

45. Currently the rural and urban areas are separate political entities, divided into Union and Zila Councils for the rural areas, and Town Committees, Municipal and Metropolitan Corporations for the urban areas, with separate 'controlling authorities' to whom provincial governments have delegated their authority. This institutionalises the rural-urban divide. In addition, the 'controlling authorities' are apt to delay, and in effect impede the expansion of municipal limits of towns, thus condoning unplanned and illegal growth of towns. This gives rise to the perpetual phenomenon of ruralisation of urban areas across the country.

46. The integrated Tehsil Government will mitigate the prevailing rural-urban frictions by providing opportunities for representation in proportion to the population and taxation in proportion to the services and thus effectively address the rural-urban divide.
    
    Elections:

47. The Tehsil Council will be a directly elected body comprising Naib Union Nazims of all the unions of the Tehsil. Under this arrangement, all the unions of a Tehsil will get representation at the Tehsil level. As the Union Nazim and Naib Union Nazim will be elected on a joint ticket, both will be operating in harmony in the interest of their union at all the three levels of the local government i.e. the union, the tehsil, and the district.

48. The number of general seats in a Tehsil Council will be the same as the number of unions in that Tehsil. In addition, thirty three per cent of the general seats will be reserved for women, five per cent for workers / peasants, and five per cent for minorities. The Electoral College for elections to the reserved seats will be the Union Councillors of the Tehsil.

49. In a tehsil where the population of the minorities is more than 10% of the total population, reserved seats for minority communities shall be allocated in the manner prescribed by the provincial government. There will be direct elections for these seats for which only the minorities will be eligible to vote and the whole tehsil will be constituency.

50. The Tehsil Nazim and Naib Tehsil Nazim will be elected as joint candidates with the Union Councillors of the whole Tehsil serving as the Electoral College. The Tehsil Nazim will be the executive head of the Tehsil Government, while the Naib Tehsil Nazim will act as the convener of the Tehsil Council. The Tehsil Nazim and Naib Tehsil Nazim will have academic qualification of at least matriculation / secondary school certificate, or equivalent.

51. Recall of the Tehsil Nazim:

1. Internal: The Tehsil Council may recall the Tehsil Nazim by a simple majority on a motion to be tabled by a Tehsil Councillor and to be seconded by another. In case the motion fails to muster the required support in the Tehsil council, the mover and seconder of the motion shall lose their seats in the Tehsil Council and also their Union Council seats. If the motion is carried, the Union Councillors of that Tehsil will vote upon it. The recall will take effect subject to confirmation by two-thirds of the total number of union councillors in the Tehsil.

2. External: The Zila Nazim may initiate the motion for recall of the Tehsil Nazim. The motion will require passage by a two-thirds majority of the total membership of the Zila Council.

3. For either external or internal recall, the following conditions will prevail:

1. No motion for the removal of Tehsil Nazim may be tabled during the first six months of his assumption of office.

2. A motion for recall may not be tabled more than once a year.

3. The recall process will include providing an opportunity to the Tehsil Nazim to present his defence in person.

4. To obviate divisive politics, the Naib Tehsil Nazim will not be entitled to succeed the Nazim even temporarily or take part in the bye-election for that office.

52. The Tehsil Council will consist of a number of committees for non-intrusive monitoring of the performance of the Tehsil administration and Tehsil level offices of the district government, in addition to a Justice Committee and a Public Safety Committee.
    
    Administration:

53. The Tehsil Nazim will head to Tehsil Government. Under the Nazim there will be a Tehsil Municipal Officer (TMO) who will be the co-ordination officer of the Tehsil administration. There will be four Tehsil Officers (TOs) reporting to the TMO, one each for (i) Finance, Budget and Accounts (ii) Municipal Standards and Co-ordination (iii) Land Use Control (iv) Rural-Urban Planning.

54. The municipal functionaries of the existing urban areas will come under the charge of the Municipal Officer who will be under the executive control of the Nazim through the Tehsil Municipal Officer. The number and status of the municipal functionaries may vary depending on the requirements.

55. The existing Local Council Service will thus be decentralised to the Tehsil level.

56. The Tehsil administration, under the direction of the Tehsil Nazim, will prepare the Tehsil budget, which will be passed by the Tehsil Council.

57. The Tehsil Municipal Administration will receive revenue from two main sources: The first source will be budget allocations by the district government for functions specific to the tehsil administration. In addition, the Tehsil Government may levy taxes from a specified list.
    
    Functions:

58. The primary function of the Tehsil Government will be provision and co-ordination of municipal services to both urban and rural areas across the whole Tehsil, thus for the first time ever, recognising the village as a municipal entity. The Tehsil Government will perform macro municipal functions and provide support in basic municipal functions in the villages in all the Unions in the Tehsil, as and where necessary. The Union Councils will perform the basic municipal functions, either singly, or through joint committees as and when necessary especially in the areas currently defined as towns.

59. The second function of the Tehsil Government will be development through land use control and master planning for every town and village across the Tehsil, so that the Tehsil as a whole can develop in a coherent and integrated manner. This will reverse the process of 'ruralisation of urban areas' to 'urbanisation of rural areas' and thus set the Tehsil on the path of growing into a well-planned city, leading ultimately to the conversion of the Tehsil into a city district.

60. The third function of the Tehsil Government will be to monitor the work of the Tehsil administration district government officials located in the Tehsil.

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THE UNION

General:

61. The Union government will comprise the Union Nazim, the Naib Union Nazim, the Union Council, and the Union administration. Union Councils are being extended to urban areas for equal local representation throughout the district. Thus, the population of Unions in urban areas will match the population of unions in rural areas in the district. This measure will equalise the level of local representation available to urban and rural areas. One third of the union councillors in a union will be women. Electoral conflicts will be mitigated through multi-member election wards in both urban and rural unions.

62. Every union may have up to three secretaries (Secretary Union Committees, Secretary Municipal Functions, and Secretary Community Development) under the executive control of the Union Nazim. The Union Council will ensure that the municipal needs of villages, which for the first time are being recognised as municipal entities, are met adequately, either by developing local capacity or through liaison with the Tehsil Officer Municipal Standards and Co-ordination.

63. The Union Council will be organised into committees for monitoring specific functions of the district offices and service providers. This will ensure the protection of citizens' rights and improvement in delivery of services; and promote citizen participation in these matters. An additional opportunity for citizen participation will be provided through public hearings of these committees. The assignment of specific responsibilities to members of the Union Council in the committee system will ensure citizen evaluation of their performance.

64. The monitoring committees of the Union Council, or the citizens themselves, may facilitate the creation of Citizen Community Boards in both urban and rural areas. These Boards will be the primary means of the involvement of civil society in development activities and the monitoring of state functioning and provision of services.
    
    Elections:

65. The Union Council electoral system is designed to reduce divisive politics and create an environment for the growth of co-operative politics at the grass-root. In rural unions, members will be elected by direct vote, from a single or multi-member ward basis. Small villages may be grouped together to form one single member ward, whereas large villages will serve as multi-member wards. In no case will a village or a revenue estate be divided to create wards within it. In urban unions, there will be at least two or at most four multi-member wards. In creating these multi-member wards care will be exercised to ensure that census blocks are not broken and that, as far as possible, they do not cut across the boundaries of existing wards. Candidates receiving the highest number of votes, till the designated number of seats for that multi-member ward is filled, will stand elected.

66. The total number of seats in a Union Council will be twenty-one. It will comprise twelve general seats, of which four will be reserved for women. There will be six seats for workers and peasants, of which two will be reserved for women. In this manner out of eighteen Union Councillors six will be women. The remaining three seats will be those of the Union Nazim, the Naib Union Nazim, and one reserved seat for minorities. Women's seats, even if left uncontested and vacant, will not be open to men and will remain vacant until filled through by-elections to be held every year.

67. In a union where the population of the minorities is in excess of 10% of the total population, reserved seats for minority communities shall be allocated in the manner prescribed by the provincial government.

68. Each union as a whole will elect a Union Nazim and a Naib Union Nazim as joint candidates by direct ballot. To avoid divisive politics in the Union Council the system of direct election has been preferred over the indirect. The directly elected Union Nazim and Naib Union Nazim will also become members of the Zila Council and Tehsil Council respectively.

69. This arrangement will ensure a directly elected Zila Council as well as Tehsil Council, in both of which each union will be duly represented. The vertical integration across all the three tiers of Local Government will improve communication and co-ordination. The Union Nazim and the Naib Union Nazim will not be entitled to serve on any of the monitoring committees of the Union Council. The Union Nazim and Naib Union Nazim will have to have minimum academic qualifications of secondary school / matriculation or equivalent.

70. Recall of the Union Nazim:

1. Internal: In case a Union Nazim is believed to be working against the interest of the people, a motion for recall of the Union Nazim may be moved. A motion for recall of the Union Nazim may be tabled by one Union Councillor and seconded by another. For the motion to succeed it will require two-thirds majority of the Union Council members. In case the motion fails, the Councillors who tabled and seconded the motion will be required to vacate their seats.

2. External: The Tehsil Nazim may initiate the motion for the recall of the Union Nazim by moving it in the Tehsil Council where it will require a two-third majority to be carried. If passed, the motion will then go the Zila Council for ratification by a simple majority.

3. For either external or internal recall, the following conditions will prevail:

1. No motion for the removal of Tehsil Nazim may be tabled during the first six months of his assumption of office.

2. A motion for recall may not be tabled more than once a year.

3. The recall process will include providing an opportunity to the Tehsil Nazim to present his defence in person.

4. To obviate the possibility of intrigue, the Naib Tehsil Nazim will not be entitled to succeed the Nazim temporarily or take part in the bye-election for that office.

Functions:

71. The Union Councils will carry out their functions through the Union government and the Monitoring Committees. At a minimum, there will be Monitoring Committees for municipal services, finance, public safety, health, education, literacy, works and services, and justice.

72. All Union Councils will undertake local level development projects and monitoring citizens' rights, security, and services. Provision of monitoring reports to the tehsil and district level administration as well as the Zila Council, Tehsil Councils, and their Committees will constitute a major function. They will work closely with Village Councils in the rural areas and Citizen Community Boards in both urban and rural areas. This co-ordination will entail promoting direct citizen involvement in developmental activities, including support for their micro-projects.

73. The Union Council will be able to taxes from a specified list.

74. Another function of the Union Council will be the presentation of annual development plans along with local inputs that can be used in support of those projects. These plans will form the part of recommendations to the Tehsil and District levels of administration and will be given due priority when budgets are allocated and implementation envisaged at those levels.

75. The Union Council may perform the functions related to conciliation of disputes in civil, criminal and family matters. The justice committee of the union council will assist in convening the court, facilitate the functioning of the conciliation courts, assist in provision of witnesses, facilitate post trial actions, and conduct appraisal of the system.

76. The Union Councils may create a local security system to be called Union Guards for which they will bear all expenses for provision of livery and equipment and payment of honoraria. The Union Council will recruit the guards with the approval of district police officer. Once established, the Union Guards will have to be registered at the local police station. They will be recruited and paid under arrangements of the Union Councils. The Public Safety Committee of the Union Council will act as a liaison between the guard system and police station of that area.

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THE VILLAGE COUNCIL

General:

77. The Village is the ideal associative unit for participation, while the union is the ideal unit for delivery of services because of economies of scale. The Village Council will facilitate citizen participation to solve their problems. To fulfil this role, the Village Council will act as the most direct interface between the Citizen Community Boards and local public officials. The Village Councils will undertake their functions in close co-ordination with the monitoring committees and citizen community boards on local matters and micro-development projects.
    
    Elections:

78. The Zila Council will determine the strength of each Village Council. Tehsil Nazims will arrange to hold elections for each village council within three months of assumption of office. The Zila Nazim will ensure the provision of logistic support and completion of elections within the prescribed time. Elections will be through secret ballot and the candidate who secures the highest number of votes will become the chairman. The term of office of the Village will end when the term of office of the Union Council ends.
    
    Functions:

79. The Village Council will be the primary political body for changing the attitude of the population from a reactive to a proactive mindset. It will facilitate citizen participation in identifying and prioritising their problems on the one hand, and finding solutions and organising and managing the solving of these problems on the other.

80. The Village Council will be responsible for assessing finances required for projects and mobilising contributions of the people, promoting civic education and community learning, organising recreational and youth activities and promoting gender and women's issues.

81. The Village Council will also facilitate the creation and functioning of Citizen Community Boards.

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CITIZEN COMMUNITY BOARDS

82. The institution of Citizen Community Boards has been created to enable the proactive elements of society to participate in community work and development related activities in both rural and urban areas.

83. A local elected body, or its relevant committee may facilitate the creation of Citizen Community Boards, or the citizens themselves may create them. The existing Community Based Organisations may continue their work. CCBs will mobilise communities and raise funds to solve local problems. The role of CCBs will be recognised through registration in the district. CCBs may keep their door open to new entrants to obviate negative competition and promote synergy.

84. As voluntary organisations the Citizen Community Boards will organise themselves, determine their own form of functioning, and choose their own leaders through the mechanisms they see fit. Different communities will find different answers to these issues. The Citizen Community Boards will represent a powerful enabling environment for citizen participation. It is up to the citizens of each community to take advantage of that opportunity.

85. Citizen Community Boards may be organised for hospitals, basic health units, schools, colleges, thanas, infrastructure, or for other services such as transport, irrigation etc. These entities will need official recognition through registration for their Citizen Monitoring. When they mobilise local resources for local development micro-projects they may also receive cost sharing support from the government.

86. Citizen monitoring will permit the end-users to inform both elected representatives and the officials of the administration on the status of service delivery indicators and the level of citizen satisfaction, in addition to complaints about specific cases. For their citizen monitoring function, the Citizen Community Boards will work in close co-ordination with the monitoring committees of the Union Councils. Their information will be consolidated for the use of Union, Tehsil, Thana and District officials. Tehsil Council and Zila Council will also receive this information and they can consolidate to get an overview of the situation on a given theme at their respective levels.

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THE CITY DISTRICT

Lack of Adequate Urbanisation:

87. The city reaches its maximum expression when the opportunities it offers are delivered in a well planned, unpolluted, and aesthetically appealing environment. The cities of Pakistan are far from this ideal. Most neighbourhoods and commercial districts in our cities resemble run down towns. Even in the largest cities, it is only in the posh areas that one discovers urban characteristics. There are a number of reasons for this situation. First, there is physical urban expansion due to rapid population growth and the movement of rural population to urban areas. Second, there is urbanisation in rural areas through peri-urban growth enveloping cities and ribbon urbanisation along roads. Third, tehsil towns also grow to the point that they constitute virtual cities.

88. The traditional approach to urbanisation has concentrated attention, resources, and services in the urban centres to the neglect of adjacent rural areas. The tremendous growth in the population of cities like Karachi, Lahore, Rawalpindi, Peshawar, Quetta, Multan, Bahawalpur, Faisalabad, Hyderabad, Sukkur, Gujranwala etc. have created pressure for manifold increases in infrastructural facilities and delivery of services. This required heavy investment, but the municipal institutions have had neither the capacity nor the resources to service ever-growing civic needs. Functions like urban development, master planning, land use and management are assigned to provincially controlled development, water and sanitation, and solid waste management authorities, that work in parallel and often at cross purposes with each other. Corruption has been a factor due to the misuse of authority to the advantage of some developers / contractors / influential beneficiaries through allotment of plots and permits, the non-appliance of land use rules, and the encroachment by developers of public areas. The existing structures and systems of municipal governance have outlived their capacity to service the needs of the inhabitants of medium and large sized cities.

89. In the Local Government Plan the city district is not an option. It is an imperative. It is necessary to bridge the urban-rural divide and contribute to organised urbanisation rather than the chaotic situation that currently prevails.
    
    Evolution of Tehsils and the Designation of City Districts:

90. Many of what today are Tehsils will evolve into cities in the coming years. That evolution will be facilitated by the elimination of municipal boundaries. This will permit effective master planning with strong land use provisions throughout the tehsil as well as more balanced development of infrastructure. When significant urban expansion occurs, the tehsil will be designated a city district.

91. The borders of the Tehsil will demarcate the new city district. The city district will be divided into towns composed of whole unions. To restrict the number of general seats of the Zila Council to about 100, the demographic size of these urban unions will be larger than their erstwhile rural counterparts. This is possible without sacrificing the quality of representation and participation because of the relative ease of communications and transportation in an urban setting.

92. After the exclusion of the tehsil that is designated a city district, the remaining tehsils may continue to bear the original name of the district and maintain the district headquarters in the urban area. Alternatively they could designate one of the tehsil centres as their new district headquarters retaining the original name or adopting a different name for the district.

93. There are several indicators of when an existing city or newly urbanised Tehsil should become a city district. The first is a political indicator and corresponds to population. When in a district with a large city the number of unions based on the median size population of the rural unions becomes excessively large then there is a need to separate the city as a city district. The second indicator is more economic. It consists of when commercial, industrial, financial and governmental activities overwhelmingly form the economic base to the virtual exclusion of agriculture or other primary activities. The third indicator, related to both population and economic activity, is administrative. It consists of when the administrative structures and systems designed for normal tehsil and district government are insufficient to meet the demands of a growing city.

94. When one or more of these indicators are present the formation of a city district becomes imperative. When deciding to form city districts, provinces would do well to anticipate the need proactively, rather than reactively create city districts after breakdowns of urban governance have already occurred. A powerful check and balance in this regard will be the pressure of the citizens of the potential city districts who stand to benefit from the formation of the city district through greater capacity for urban planning, finance, administration, public investment, service delivery, and law and order.
    
    Declaring Existing Cities as City Districts:

95. In some cases the evolution from town to city took place decades ago, and they have experienced years of municipal life. In these cases there can be no doubt whatsoever about the imperative of a city district government. It is not a matter of choice but rather one of compulsion. To not create city districts in what by all lights are cities would deprive them of the optimal combination of political and administrative mechanisms to confront urban problems and deliver municipal services. All of the provincial municipal corporations will in any case come under the control of the local governments whether or not they are declared city districts, in order to ensure a unified, synergistic, and economical management of a city's municipal resources.
    
    City District Administration:

96. Whereas in a district, macro-municipal functions are primarily handled by Tehsils, in the case of city districts, important macro-municipal services will be managed centrally by a city district government with additional authority, capacities, and resources. The nature of infrastructure and population density in urban areas necessitate city-wide planning to achieve economies of scale, the rationalisation of investments, or the benefits of modern technologies, among other reasons. Integrated management with a holistic perspective will be applied to the most significant services, including:

• Water supply and sanitation.

• Sewerage and waste disposal.

• Land use, master planning and building control management.

• Public transport.

• Urban development, housing and public works.

• River and riverine management.

• City expressways, roads and streets management.

97. The principal functions of the town municipal administration will be the monitoring of the performance of the city government within the town and the delivery of city-wide municipal services that have a town dimension, as well as the direct delivery of their own town services. The union will do likewise in relation to both the district and the town.

98. Potential cash flows from municipal services will allow the city districts to utilise financial market mechanisms to underwrite some development projects. Partnerships with the private sector might also lead to additional forms of financing. The city districts will not only have more capacity to take advantage of different financial mechanisms, but also more autonomy to do so.

99. The city district requires a large law and order effort in that the urban setting is subject to sudden law and order developments. White-collar crime is largely an urban phenomenon. Organised crime tends to concentrate in the greater relative anonymity of the urban setting. Traffic congestion is most acute in cities. City police forces will be created to meet these challenges. They will be independent, modern, agile, and designed for the requirements of each city.
    
    Cantonments:

100. Presently there are 41 cantonments in the country. These can generally be divided into those that have geographically become parts of cities like Karachi, Lahore and Peshawar, large garrisons like Kharian, Malir, Pano Aqil and Gujranwala; and small garrisons like Bannu and Kohat. Local government already exists in the cantonments in the form of cantonment boards. However, the issue of integrating cantonments into the proposed local government system will be reviewed as the district governments start functioning.

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THE POLICE

District police:

101. Law and order will remain a provincial subject. The province will be responsible for raising, organising, equipping, training and maintaining the police for the district in all respects. The province will provide a police force to the district to suit the law enforcement needs of the district. It is to be manned by locals, as far as practicable, except officers of the rank of Assistant Superintendent of Police and above.

102. The district police will be responsible exclusively for maintenance of law and order. Prosecution shall not form part of its functions. The investigation function shall be performed by a separate chain of command accountable to the District Police Officer. The head of investigation shall be responsible to the provincial police chief through the Deputy Inspector General of Police Crimes Branch. The investigation staff will have a uniform distinct from that of the law and order police. This will obviate any possibility of the investigation staff being utilised for the performance of routine police duties and will thereby improve the quality of investigations.

103. The district police will be subject to monitoring of performance and results by the Citizen Community Boards and the Union, Thana and Tehsil Public Safety Committees. However, no police official besides the DPO shall be directly answerable to any elected representative, board, or committee.

104. While the province will maintain all police facilities, the district may augment such facilities in kind, for greater efficiency of the police.

105. The Police Stations will be restructured such that ASPs head Police Stations. However, DSPs may also head Police Stations as an interim measure. The restructuring of Police Stations will start from the City Districts but will eventually cover all Police Stations in the country. The restructuring of the Police Stations should be completed in three years.

106. The restructuring will aim at provision of proper equipment, training, accommodation, and remuneration.

107. A District Public Safety Commission (DPSC) will be established at the district which will have eight, ten or twelve members, half of whom will be elected by vote from the Zila Council, and the other half will be independent members appointed by the provincial Chief Minister on the recommendation of a Selection Panel consisting of:

• District & Sessions Judge.

• A non-elected nominee of the Zila Nazim.

• A non-elected nominee of the provincial Chief Minister.

1. The Selection Panel for independent members will forward to the Chief Minister a list containing twice the number of appointments to be made.

2. As far as possible one-third each of the elected and independent members will be women.

3. The District Public Safety Commission will select its own Chairman on a rotation basis every quarter.

108. The provincial police chief will select and appoint the District Police Officer (DPO) who will be responsible to the Zila Nazim regarding law and order.

109. The Zila Nazim will initiate the performance evaluation report of the DPO. The provincial police chief shall be the technical reporting officer of the district police officer.

110. The district police officer may be prematurely transferred from the district on specific grounds, with the concurrence both of the Zila Nazim and the District Public Safety Commission after affording him an opportunity of being heard in person. In case of a difference between the Zila Nazim and the District Public Safety Commission, the latter shall prevail.

111. When the district police officer is prematurely transferred, his charge shall be handed over to his deputy who will perform all functions of the district police officer until a new district police officer is appointed.

112. Where the Zila Nazim, after due satisfaction, is of the view that a subordinate police official is involved in, or has abetted, a serious / heinous crime, he may require the District Police Officer to transfer the said police official. The District Police Officer shall send him on leave within 24 hours and order an inquiry into the matter in accordance with the rules and procedures. If after the inquiry, the complaint is not sustained the said official shall rejoin his original place of posting. In case the District Police Officer does not comply with this direction, the Zila Nazim may send the DPO on leave and require his deputy to implement his instructions. Simultaneously the Zila Nazim may initiate proceedings for premature transfer of the DPO.

113. If the DPO considers an order of the Zila Nazim to be unlawful or motivated he may seek recourse to the DPSC whose decision will be final and binding on the DPO and the Zila Nazim.

114. A Criminal Justice Co-ordination Committee will be established to promote efficiency in the criminal justice system as a whole and to help deliver prompt justice at the doorstep through better communication and co-ordination among all agencies responsible for different aspects of criminal justice within the district. It will consist of the following members:

• District & Sessions Judge (Chairman)

• Superintendent of Prison

• District Probation Officer

• District Police Officer

• District Public Prosecutor

• Head of Investigation (Secretary)

City police (capital cities):

115. There will be an independent and self-contained District Police for every capital city (Islamabad, Karachi, Lahore, Peshawar and Quetta) organised on functional basis of law and order, investigation, traffic, administration, and reserves including protocol duties.

116. The City Police Chief will have administrative and financial powers of the head of a department and necessary regulatory and licensing powers.

117. In each capital city, there will be a District Public Safety Commission consisting of 12 members, of whom three will be elected from the District Council by vote, another three from the Provincial Assembly by vote, and the remaining six independent members to be appointed by the independent Selection Panel comprising.

• Chief Justice of the High Court.

• A non-elected nominee of the Zila Nazim.

• A non-elected nominee of the Chief Minister.

1. The functions and other provisions of the District Public Safety Commission in the capital cities will be the same as those of the District Public Safety Commission.

2. As far as possible one-third of each of the elected and independent members will be women.

3. The District Public Safety Commission will select its own Chairman on a rotation basis every quarter.

City police (non-capital cities):

118. In a non-capital city, there will be a self-contained police force subject to operational control of the Provincial Police Chief organised on the same functional bases as the City District Police of capital cities.

119. The police chief of a non-capital city will have administrative and financial powers of head of a department and necessary regulatory and licensing powers.

120. The non-capital city District Public Safety Commission will be composed on the same basis as the District Public Safety Commission.

a.      The functions and other provisions of the non-capital city District Public Safety Commission will be same as those of the District Public Safety Commission.

b.      As far as possible one third of each of the elected and independent members will be women.

c.      The non-capital city District Public Safety Commission will select its own Chairman on a rotation basis every quarter.

Prosecution service:

121. An independent prosecution service will be established in each province, and also in relation to the Federation.

122. Head of the prosecution service will be the Director Public Prosecution, who will be ex-officio secretary to the government.

123. The Director Public Prosecution will have a hierarchy of public prosecutors in each district.
     
     Police complaint authority:

124. There will be an independent Police Complaints Authority (PCA) in each province with district presence where required, to deal with serious complaints against the police.

125. The Police Complaints Authority will consist of a Chairman and six members.

126. The Chairman Police Complaints Authority will be appointed by the Provincial Chief Minister, whereas the members will be appointed by the Provincial Home Minister out of a panel recommended by the Provincial Public Safety Commission.

127. There will be an independent Police Complaint Authority for the Federal Capital, which will deal with serious complaints against federal law enforcement agencies, Islamabad Police, Motorway Police, Railway Police, Federal Investigation Agency, and Anti-Narcotics Force. It will have a Chairman and two to four members. Its Chairman will be appointed by the Prime Minister, and members by the Minister of Interior.
     
     Provincial public safety commission:

128. A Provincial Public Safety Commission (PPSC) will be established which will have twelve members, half of whom will be elected by vote by the Provincial Assembly, and the other six independent members will be appointed by the Governor in his discretion, on the recommendation of a selection panel consisting of:

• Chief Justice of the High Court.

• A non-elected member nominated by the Prime Minister.

• A non-elected member nominated by the provincial Chief Minister.

1. The selection panel will forward to the Governor a list containing twice the number of appointments to be made.

2. As far as possible one-third of each of the elected and independent members will be women.

3. Elected members as far as practicable will be in proportion to the representation of political parties / groups in the provincial assembly.

4. The Provincial Public Safety Commission will select its own Chairman on a rotation basis every quarter.

5. The Provincial Public Safety Commission will approve the annual policing plan prepared by the Provincial Police Chief in consultation with the Chief Minister, monitor police performance and evaluate the achievement of performance targets.

6. The Provincial Public Safety Commission will have responsibility for co-ordinating the functions of all Public Safety Commissions within the province and also for evaluating their performance annually.

7. The Provincial Public Safety Commission will select the Provincial Police Chief out of a panel of three suitable officers of the Police Service of Pakistan received from the National Public Safety Commission for the purpose.

8. The Provincial Police Chief may be prematurely transferred on specific grounds with the concurrence of the Chief Minister and the Provincial Public Safety Commission after affording him an opportunity to be heard in person. In case of a difference of opinion between the Chief Minister and the Provincial Public Safety Commission, the latter will prevail.

9. The Provincial Public Safety Commission will supervise the working of the Prosecution and Prison departments.

10. The Provincial Public Safety Commission will recommend persons for appointment as members of the Police Complaints Authority.

National Public safety commission:

129. A National Public Safety Commission (NPSC) will be established comprising 12 members, half of whom will be MNAs elected by vote by the National Assembly, at least one from each province. The other half will comprise independent members, to be selected by the national selection panel consisting of:

• Chief Justice of the Supreme Court.

• One Minister nominated by the Prime Minister.

• Chairman Federal Public Service Commission.

1. The national selection panel for independent members will forward to the Prime Minister a list containing twice the number of appointments to be made.

2. As far as possible one-third of each of the elected and independent members will be women.

3. Elected members, as far as possible will be in proportion to the representation of political parties / groups in the National Assembly.

4. The National Public Safety Commission will select its own Chairman on a rotation basis every quarter.

5. The National Public Safety Commission will approve the annual plans prepared by the respective heads of federal law enforcement agencies (Islamabad Police, Motorway Police, Railway Police, Federal Investigation Agency, and Anti-Narcotics Force) in consultation with the concerned Minister.

6. The National Public Safety Commission will monitor performance of federal law enforcement agencies.

7. The National Public Safety Commission will recommend panels of officers of the Police Service of Pakistan as heads of federal law enforcement agencies to the Prime Minister.

8. The National Public Safety Commission will recommend a panel of three officers to the Provincial Public Safety Commission for appointment as the Provincial Police Chief.

9. The National Public Safety Commission may recommend premature transfer of any head of the federal law enforcement agency on specific grounds to the Prime Minister after affording him an opportunity of being heard in person.

10. The National Public Safety Commission will supervise the working of the federal Prosecution and Prison departments.

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LOCAL GOVERNMENT SYSTEMS

Electoral System:

130. Voting Age: The minimum voting age shall be 18 years.

131. Non-Party Elections: Elections will be held on non-party basis.

132. Run-off Elections: When no set of candidates for the Zila Nazim and Naib Zila Nazim in a district or Tehsil Nazim and Naib Tehsil Nazim receives more than 50% of the total votes, the election authority will within one week conduct a run-off election between the two candidates who polled the highest number of votes, thus ensuring that the set of joint candidates elected enjoy confidence of the majority of the Electoral College.

133. Separate Electorate: Local government elections will be held on the basis of separate electorate.

134. Qualifications for Candidates and Elected Representatives: A person shall qualify to be elected or to hold an elective office of the local government or membership of a local body, if he/she:

1. is a citizen of Pakistan;

2. is at least twenty five years of age;

3. is enrolled as a voter in the electoral roll of the relevant local area;

4. is of good character and is not commonly known as one who violates Islamic injunctions; has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; provided that these qualifications shall not apply to the one who is a non Muslim, but such a person shall have a good reputation.

5. has academic qualifications of not less than matriculation / secondary school certificate or equivalent for all Nazims and Naib Nazims;

6. has not been declared by a competent court to be of unsound mind;

7. is not in the service of Federal, Provincial or Local Government or any statutory body or body which is controlled by any such government or in which any of such government, has a controlling share or interest, except the holders of elected public office and part-time officials remunerated either by salary or fee, provided that in case of a person who has resigned or retired from such service, a period of not less than six months has elapsed since his/her retirement;

8. has not been dismissed, removed or compulsorily retired from public service on grounds of moral turpitude;

9. does not possess assets which are inconsistent with his/her declaration of assets or justifiable means; whether held in his/her own name or of dependents, or any other person / corporate body in whose name assets are held in trust or under any other arrangement whereby the de facto control of such assets including their sale, transfer or pecuniary interest, is retained by him/her;

10. has not been adjudged a wilful defaulter of any tax or other financial dues owed to the federal, provincial, local government or any public financial institution, including utility bills outstanding for six months or more;

11. has not been convicted by a court of competent jurisdiction on a charge of moral turpitude indicating corrupt practice or misuse of power or authority under any law for the time being in force;

12. has not been sentenced to imprisonment for more than three months for an offence under any law and in case he/she was, a period of not less than five years has elapsed since his/her release; and in case of a member of a holder of a public office, has not been sentenced to imprisonment;

13. has not failed to file the required return of election expenses or is not convicted for exceeding the limits of election expenses prescribed under the electoral laws;

14. has not been declared an un-discharged insolvent by any court;

15. does not, directly or indirectly, engage in any transaction involving pecuniary interest with the local government(s) of which he/she is a member;

16. does not absent himself without reasonable excuse from three consecutive meetings of the local body of which he/she is a member provided that a member shall not be disqualified if the absence was necessitated by a national emergency or force major;

17. does not fail to attend a training course organised under this Law;

18. has not been and is not involved, whether individually or as a member of a group of persons, in activities directly or indirectly prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

19. has not used for his/her election the platform, flag, symbol, and financial or material resources/support of a political, ethnic, religious or sectarian party, formation or organisation.

135. Term of Office:

1. The term of office for all elected officials will be of three years and will count from the date of assumption of office.

2. No Nazim or Naib Nazim may hold the same office for more than two terms.

136. By-Elections: By-elections for the seats falling vacant or remaining vacant will be held once every year.

137. Bar to Contesting Elections for Other Office: The holder of an elective office may contest election for any other political office provided that he resigns 90 days before the date of elections.
     
     Finance System:

138. Almost universally, local governments receive some form of fiscal transfer from higher levels of government. In Pakistan, local governments have been receiving 10 to 15 percent fiscal transfers from provincial sources. The level of self-financing of local government in Pakistan has been much higher than in most countries. This is because provincial departments have been responsible for carrying out government functions and development at the district level.

139. The transfer and grant system has been weak. There is no formula for distribution of funds to districts and provincial budgets do not specify district expenditures. Districts do not know, with certainty, what they will expect from the provincial departments which affects planning negatively. This results in political machinations, ad-hocism, and lack of transparency. In order to accomplish a transparent, credible and fair system of transferring funds to the district level, a provincial finance commission will be constituted.

140. The principle of the formula for provincial to district transfers is that district and local government should generate their own resources to the extent possible. Incentives should always encourage financial self-sufficiency to the extent possible at each level. However, the current quantum of funds being used by the provinces will ensure the working of the district administration and the political system. Untangling provincial finances and simplifying funding processes and the financial plumbing will result in increased efficiency.

141. It is envisaged that the Finance System of the District Government will consist of the following factors:

1. Revenue and its sources

2. Tax collection machinery

3. Incentive framework (ownership promotion, performance incentives)

4. The District budget (Development expenditures and recurrent expenditures)

142. All these factors will combine to maintain financial autonomy and sustainability of the district government. The district finance system will have the following main objectives:

1. Finance the new District political structure and system.

2. Finance the new administrative structure and system.

3. Ensure the financial sustainability and autonomy of the local government.

4. Provide enhanced level of funding for development activities in the district.

5. Enhance public participation in development works by fostering ownership through the incentive framework.

143. The three tiers of local government will have tax collection machinery at their disposal and the specified schedule of local taxes for union, tehsil, and district that will fall under the control of these respective levels.

144. Eventually, there will be a need for financial inter-mediation. The development of this system requires credit rating agencies, accounts and audit, and legal and regulatory frameworks. Achieving this is a medium term goal of the local government reform.

145. Remunerative projects and other incomes will also enhance revenue.

146. A formula for provincial fiscal transfers will be devised and implemented. The model provincial formulas will become part of the proposed new provincial finance awards and the resultant formulas developed in conjunction with the provincial governments will be subject to change in a similar fashion as the national finance awards.
     
     Planning System:

147. In consonance with the bottom up methodology and participatory development, the formal planning system will begin at the union council level for both urban and rural areas. Informally, the Citizen Community Boards and the village councils will identify local development priorities to the Union Councillors. Municipal and development needs will be communicated to the Tehsil and District levels respectively. The Tehsil and the District administration and planning offices will priorities development initiatives based on locally identified priorities commensurate with financial capacity. The development inventory will become part of the Tehsil and District budgets and the respective councils will be responsible for passing these budgets.

148. In addition to this, the union councils, with expanded and strengthened capacity for revenue generation and implementation, will be empowered to initiate development schemes. The schemes targeted for development by the union councils will also be communicated to the tehsil and district levels to complete the integrated planning picture of the district.

149. The ownership development incentive framework will cater to those schemes and initiatives for which communities are willing to contribute. This will constitute a separate planning and finance system designed to promote local resource generation for new projects and maintenance of existing infrastructure and services.
     
     Information System:

150. "Information as Empowerment" for the many, as opposed to the traditionally narrow notion of "Information as Power" for the few, is the information system focus of the Local Government Plan. It operationalises the 'Right to Information', and promotes transparency, accountability, and responsiveness to citizen demands to achieve greater efficacy, efficiency, and acceptance.

151. Open access and the free flow of information is a basic element of the devolution of power to the grass root level. Information can allow citizens access to services and provide a platform for the improvement of services. This is especially the case when evaluation, on the basis of results and performance indicators, is linked to incentives, as is the case in the Local Government Plan.

152. The information that citizens themselves generate can in turn be of enormous benefit to the government, especially concerning citizen rights and security, and service delivery. Citizens can provide information on real service delivery indicators in which they have an active interest (for example, teacher attendance etc.). This information can in turn serve to trigger the reactivation of inoperative installations. Transparent information forms the basis of citizen monitoring that can strengthen official oversight. It serves as a safety valve against official arbitrariness and poor performance.

153. The district governments will have transparent information systems at all levels with the department of information technology developing and supporting the automation of government systems in each district. Standardised information systems on crime reporting, accounting, service delivery systems, schools, hospitals, official payrolls, personnel data, financial and auditing systems, official disbursements, among others are to be put in place. In addition, a comprehensive and incisive system to ensure transparency through information on across the board government functions will be made functional through three types of detailed standard forms and lists:

1. Lists containing routine information of public interest on the office/organisation which are to be displayed for public view.

2. Lists of documents that departments or functionaries would be obliged to produce before monitoring committees or Citizen Community Boards on demand.

3. Standardised forms for use by Citizen Community Boards and monitoring committees at the Union, Tehsil and District level to submit periodic monitoring reports to the Zila Nazim or Zila Council.

154. On the ground, introducing transparent information systems at the District level will require no less than a massive transformation in the way government works. The virtual non-existence of the concept of freedom of information, outdated official procedures and regulations restricting public access to information, vested interests in the bureaucracies, and lack of capacity and infrastructure for managing information systems are some of the major hurdles. These obstacles must be overcome if Pakistan is to be positioned to be able to compete in the world of the 21st century. Once in place, transparent information systems have the potential to transform the ground rules of district government by replacing official insularity and secrecy with a transparent and responsive political and administrative culture rooted in citizens' access and contributions to accountability information flows.
     
     Monitoring System:

155. In addition to executive oversight, the Zila Council, besides debating district policy issues, will monitor the district administration through a system of committees. The committees can also investigate cases of particular relevance for the good functioning of the administration. Committees will also operate at the Tehsil/Town and Union Council levels. They will oversee results, performance, and policy and operational issues at the local levels.

156. The Public Safety Committees and the Justice Committees will undertake monitoring of the police and judiciary respectively. These entities will receive information in an unobtrusive manner on police and judicial performance from official information systems, the monitoring of citizen community boards, union and tehsil monitoring committees, and members of the district assemblies, as well as citizen complaints and their own direct sources. They will issue monthly reports that will go to the police, the Zila Nazim, the relevant committees of village, union, tehsil, and zila councils, and the public. Some case based investigations may be confidential for various reasons, but the oversight system that forms the basis for the evaluation of the administration will be public.

157. In addition to official oversight by the administration, community-based organisations, the media, academia, and other civil society organisations should undertake citizen monitoring. A proactive role of the citizenry in monitoring policy, results, and performance is essential for issue-based electoral politics and elected representative-constituent relations. Citizen monitoring can also make direct forms of participation more meaningful in terms of their content and impact.

158. Through citizen monitoring, groups of citizens are empowered to generate and obtain information on official entities or projects in their communities, thereby transforming their monitoring into an additional input for official oversight. Transparent information, for example, the amount of funds from all programmes destined to a particular schools, the lists of materials to be employed in a construction or maintenance project or the personnel that should be serving, is the basis of this monitoring.

159. Citizens will take direct part in monitoring the performance of the district administration and line departments through the Citizen Community Boards. Indirectly, they will be able to evaluate administrative performance through the Union and Tehsil Monitoring Committees and through open public hearings. In essence, citizen monitoring signifies the actual exercise of the right to participation of the citizenry in its development and welfare. It is hoped that sustained citizen participation in monitoring of official performance will in due course nurture a proactive citizenry that will exercise vigilance over public facilities and service delivery. A sense of ownership is a pre-condition. It should be emphasised that citizen monitoring will be operationalised through political channels without interference in administrative lines of responsibility and accountability.
     
     Incentive System:

160. The Local Government Plan 2000 envisages two forms of incentive systems. One of these relates directly to the administrative performance incentive system. The other relates to the promotion of the ownership of local governments functioning and infrastructure by communities.

161. Administrative Incentives: The current system of administrative functioning has shortcomings that result in good performance not being rewarded. The existing system of rewards or incentives is outdated, misused, and virtually obsolete. Even if rewards are predicated on Rules and Regulations, they are hierarchical in terms of decisions to grant rewards. And even when rewards are awarded their delivery is again hierarchical and not timely.

162. The envisaged system for administrative incentives has two prime objectives. First, that the awarding of rewards have a direct relationship with end user satisfaction. Second, that the realisation of rewards to recipients be unfettered, automatic, and timely. The kinds of rewards, which could ensue to administrators and managers, need to be revised to represent current economic realities and preferences of the administrative tier for which they are being provided. For this purpose, surveys may need to be carried out in the respective target administrative sectors to asses these preferences and the amounts involved.

163. The National Reconstruction Bureau is also in consultation with a number of administrative government organisations within Pakistan. The purpose of this consultation and research is to develop an operations manual that will provide a model generic code determining the details of how the administration will interact under the practice of this code to access the incentives envisaged in the programme, thereby ensuring better service delivery.

164. Citizen Ownership Promotion: One of the reform initiatives is the promotion of ownership. Providing an enabling environment means, providing people with the means to help themselves. People must be brought to understand the virtues and necessity of involving an ever-increasing number of communities in self help type development. Sustainability as well as protection of the local government will also be a direct outcome of ownership. The information provided through monitoring will have a much higher probability of sagaciousness, if it is provided by owners and beneficiaries of the particular service being evaluated.

165. The district governments will provide a system of incentives through which Citizens Community Boards will be able to access state funding for projects initiated in some manner representing commitment of resources by them. This assistance can also take the form of technical help. As groups, with vested interests in the success of local infrastructure and services take part in construction or maintenance or contribute to service improvement, these groups, upon verification of their contributions and organisational characteristics will have the right to access government resources. As in the case of administrative incentive frameworks, the ownership promotion operations manual is also under preparation. The government through existing experience with matching grants kinds of projects, as well as international best practice ascertained through research, is in the process of developing a generic operations manual. The two manuals as well as the reformed administrative functioning code will be made part of the final programme.

166. Transparency and Accountability: Transparency of information in governmental processes and procedures not only improves accountability for official acts, but also the potential for efficacy, efficiency, responsiveness, and acceptance. Transparency is a critical enabling environment for the elevation of levels of accountability, as well as for anti-corruption movements. Open access to information and the free flow of information are essential for determining responsibility for acts, as well as their classification as limit or illicit.

167. By their organisational nature, administrative bureaucracies are hierarchical, insular and command and control oriented, with restrictions on information (information as power) and communications (official channels). The combination of the foregoing commonly leads to the primacy of process, rules, and regulations over mission, substance, and results. Sectoral, top-down policies are formulated based on restricted information and narrow communications. Upon approval, policies are issued as commands, and executed through processes-oriented rules and regulations. This is undertaken by multiple structures with low managerial capacity due to the primacy of central systems over operational decisions. Hence, the low levels of transparency and accountability typically characterise bureaucratic organisations.

168. An environment of transparency can strengthen accountability through multiple layers of mutually reinforcing oversight and monitoring. These include executive, legislative, auditing, police, and judicial oversight of public functions and private transactions, as well as monitoring by the assemblies and councils, media, academia, civil society organisations, private sector organisations, and the citizenry.

169. Checks and Balances: The oversight and monitoring mechanisms described consist of multiple layers of overlapping information flows. These constitute the informational checks and balances against corruption and tyranny. Several mechanisms may fail while on may carry the day for transparency, accountability, and responsiveness. International experience indicates that this is especially necessary where efforts are being made to roll back high levels of endemic and systemic corruption.

170. In addition to informational checks and balances, balanced power and authority is accompanied in all of the systems and structures by built-in checks and balances that minimise the risk of any actor or group of actors usurping power. This is the case in all of the sectors, structures and systems of the Local Government Plan.

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