KARACHI: The Provincial Local Government Commission (PLGC), which under chapter XIII, of the Local Government Act 2001, and revised in 2005, 2011 and 2013, is bound to conduct annual and special inspections of the councils, has been non-functional for the last nine years; therefore, now public-elected members of local councils such as, chairmen, vice chairmen, councillors besides mayors and deputy mayors of the local bodies are roaming scotch-free from any inquiry in case of their misdeeds and unfair means.
This was disclosed by officials of the Local Government Department (LGD) Sindh on Wednesday.
Presently out of seven members of the commission, only two government-nominated eminently qualified and experienced technocrat members, Ibrahim Qureshi and Sono Khan Baloch are on payroll whereas it comprises Minister for Local Government as chairman, secretary LGD Sindh ex-officio member and secretary of the Law Department besides two members of Sindh Assembly (SA) nominated by the leader of the House and leader of the Opposition.
In 2009, the Commission had initiated an inquiry against 846 local body elected members and local government officials including Faryal Talpur, Nazima Nawabshah, Nafeesa Shah, nazima Khairpur and Rahila Magsi, nazima Tando Allahyar.
After two years of inquiry, then Sindh government on obvious reasons had transferred around 14 inquiry officers who had been conducting inquiry against them. This is the reason that the government has been reluctant in appointing Director General, inquiry and audit officers of the Commission.
The government has not deliberately notified the monogram and schedule of the PLGC. The commission has its own drawing and disbursing officers as under the prescribed rules and procedures, no act or proceedings of PLGC would be invalid regarding any vacancy in, or defect in the constitution of the Commission.
Qamar Qureshi, Chairman Economic Forum Pakistan has opined on the matter that functions of PLGC provided in this Act are to conduct annual and special inspections of the councils and submit reports to chief minister Sindh, or conduct on its own initiative or, whenever, so directed by chief minister Sindh, an inquiry on any matter concerning the council. He further said that special audit by itself or by a council of any council is also the duty of the commission.
Besides, the commission has powers to resolve disputes between any department of government of Sindh and a council or between two councils.
Inquiries into the matters referred to it by Chief Officer under the provisions of the Act and give its decision thereon or, as the case make report to the competent authority comes under the ambit of commission.
Submission of an annual report on the overall performance of the council (s) to chief minister Sindh and to take cognisance of violations of laws and rules by a council on its performance is also the function of Commission.
Under Act, the commission is to organise consultative planning meetings of national and provincial legislators, mayors, deputy mayors, chairmen and vice chairmen of district, taluka or union councils of a district on a periodic basis to provide their participation in development activities of the district with regard to the consultative process of the Annual Development Programme of the council, formulating procedure for utilisation of legislators development grant, assessing implementation of decision of these meetings, carrying out review of development schemes and facilitate the performance of provincial departmental functions of the decentralised offices relating to policy analysis, oversight, checks and balances, capacity building and coordination through the Commission.
Directions and orders of the commission arising out of its inspections and inquiries under the Act will be binding to the concerned council and in the case of failing it would report the matter with specific recommendations to Chief Minister Sindh for decision and appropriate action.
The commission says that suspension of a mayor is necessary for fair enquiry or the mayor or chairman of the district council would be prevented from doing any unlawful activity during course of enquiry. In this connection, it may recommend to chief minister Sindh for issuing an appropriate order for suspension of such mayor or chairman for a maximum period of ninety days.
If during enquiry, a mayor, deputy mayor, chairman, vice chairman or any member of the council is found misconduct by the PLGC, it will recommend to chief minister Sindh to take action against the guilty.
The PLGC have the same powers as are vested in a civil court under the Code of Civil Procedures, 1908 (Act V of 1908), in respect of summoning and enforcing the attendance of any person and examining him on oath, compelling the production of documents, receiving evidence on affidavits and issuing commission to examine witnesses.
