Function Of Department

Function

Provincial Local Government Commission. – (1) Government Shall appoint a Provincial Local Government Commission which shall comprise of the following members: -

The Minister for Local Government, who shall be the Chairman:
Two members of Provincial Assembly of Sindh each to be nominated by the leader of the House and Leader of Opposition:
Two eminent, qualification and experienced technocrat members nominated by the Government:
Secretary, Law Department:
Secretary Local Government Department, shall be ex-official member and Secretary of the Commission.
(2) The Provincial Local Government Commission may, for the performance of its function, co-opt any official of the Government for any specific assignment.
(3) The tenure of the members of Provincial Local Government Commission, other than Secretaries of Local Government and Law Department, shall be four years.
(4) The Local Government Department, shall provide secretariat support to the Local Government Commission and the Department shall render assistance in the functioning of the Commission by establishing a separate Secretariat of the Commission with sections for each level of councils.
(5) No act or proceeding of the Provincial Local Government Commission shall be invalid by reason of existence of nay vacancy in , or defect in the constitution of the Commission
(6) The Government shall provide a separate budget for Local Government Commission in the Annual Budget.
(7) The Government shall notify the organogram and schedule of establishment of the Provincial Local Government Commission.
(8) The Secretary of Local Government Department, shall be the Principal Accounting Officer and the commission shall have its own Drawing and Disbursing Officer.

Function of the Provincial Local Government Commission. – (1) The functions of Provincial Local Government Commission shall be as, otherwise provided in this Act and, in particular, it shall –
Conduct special inspections of Councils and submit reports to the Chief Minister Sindh;
Conduct, on its own initiative or, whenever, so directed by the Chief Minister Sindh, an inquiry by itself of through Council into any matter concerning a Council;
Cause, on its own initiative or, whenever, so directed by the Chief Minister Sindh, a special audit by itself or direct a Councial to arrange a special audit, or any Council;
Resolve disputes between any Department of Government of Sindh and Council or between tow councils;

Provided that if the Local Government Commission fails to settle the disputed, the aggrieved party may move the Chief Minister Sindh for resolution thereof;

Enquire into matters referred to it by the Chief Minister under the provisions of this Act and give its decision thereon or, as the case may be, make report to the competent authority;
Submit to the Chief Minister Sindh an Annual Report on the over all performance of the Council;
Take cognizance of violation of laws and rules by a Council on performance of its functions;
Organize consultative planning meeting of National Provincial legislators, Mayors, Chairman and Vice Chairman of Councils on a periodic basis to provide their participation in development activities of the district with regard to;

(i) The consultative process of the Annual Development Plan of the Councils;
(ii) Formulating procedure for utilization of the Legislator's development grant;
(iii) Assessing the implementation of a decision of these meetings; and
(iv) Carrying out review of development schemes.

(2) The directions and of the Provincial Local Government Commission arising out of its inspections and inquiries under the Act shall be binding on the concerned Council failing which the Commission shall report the matter with specific recommendations to the Chief Minister Sindh for decision and appropriate action

(3) Where the Provincial Local Government Commission is of opinion that suspension of a Mayor, Deputy Mayor, Chairman and Vice Chairman of Council is necessary for the fair conduct of the enquiry under this Act or preventing the Mayor, Deputy Mayor, Chairman & Vice Chairman from continuing with any unlawful activity during the pendency of enquiry, it may recommend to the Chief Minister Sindh for making appropriate order for suspension of such Mayor, Deputy Mayor, Chairman or Vice Chairman of Council for a maximum period of ninety days.

(4) Where on any enquiry under this Act a Mayor, Deputy Mayor, Chairman, Vice Chairman or a member of a Council is found guilty of misconduct by the Provincial Local Government Commission, it shall recommend appropriate action, to the Chief Minister Sindh.

(5) The Provincial Local Government Commission shall have the same powers are as vested in a civil court under the code of Civil Procedures; 1908). In respect of the following matters, namely : -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(d) issuing commission for the examination of witnesses.