CONSTITUTIONAL AND LEGAL EMPOWERMENT

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CONSTITUTIONAL AND LEGAL EMPOWERMENT Historical
Perspective Presentation by Justice (R) Amjad
Ali Member, NRB
2nd July, 2007, Lahore, Pakistan
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SYNOPSIS OF THE PRESENTATION

• Evolution of Local Governments
• Local institutions in early Muslim era
• Local institutions in the Sub-continent-
• Harappa, Taxila Moenjodaro in ancient
  civilizations
• Mughal period
• Colonial rule
• At the time of Independence
• Post-Independence era
• Local Governments in special areas-
• Cantonments
• Islamabad Capital Territory
• Northern Areas Azad Jammu Kashmir
• Devolution of Powers Plan
• Features of Local Government Structure and Police
  Order
• Constitutional empowerment to Local Governments

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EVOLUTION OF LOCAL GOVERNMENT

• Local institutions in early Muslim era
• Local institutions in the Sub-continent
• Local institutions in the Sub-continent during
  the Mughal period

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LOCAL INSTITUTIONS UNDER THE COLONIAL RULE

• First municipal corporation set up in the
  Presidency Town of Madras in 1687 by East India
  Company.
• The Conservancy Act, 1842.
• The Conservancy Board set up in 1846 converted
  into Municipal Commissions in 1852.
• Karachi Municipal Commission upgraded as a
  Municipal Committee in 1853.
• Establishment of Local Committees under the
  Municipal Act of 1850, extended to Punjab and
  Karachi in 1852.
• The Punjab Municipal Act, 1867, set up committees
  in Lahore and Rawalpindi for the purpose of water
  supply, sanitation of the Towns.

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LOCAL INSTITUTIONS UNDER THE COLONIAL RULE

• The Punjab District Boards Act, 1883.
• The Balochistan Bazaars Regulation, 1910.
• The Punjab Municipal Act, 1911.
• The Punjab Small Towns Act, 1921.
• The Sind Local Boards Act, 1923.
• The City of Karachi Municipal Act, 1933.
• The Punjab Village Punchayat Act, 1939.
• The City of Lahore Corporation Act, 1941.
• The Quetta Municipal Law, 1946.

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AT THE TIME OF INDEPENDENCE

• At the time of independence, the following laws
  were in operation-
• The Punjab District Boards Act, 1883.
• The Balochistan Bazaars Regulation, 1910
• The Punjab Municipal Act, 1911
• The Punjab Law Small Towns Act, 1921
• The Sind Local Boards Act, 1923
• The City of Karachi Municipal Act, 1933
• The Punjab Village Punchayat Act, 1939
• The City of Lahore Corporation Act, 1941
• The Quetta Municipal Law, 1946

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POST-INDEPENDENCE ERA

• The Sind Local Authorities Service Act, 1947.
• The North-West Frontier Province Municipal Act,
  1950
• The Basic Democracies Order, 1959
• The Municipal Administration Ordinance, 1960
• The Capital Development Authority Ordinance, 1960
• The Conciliation Courts Ordinance, 1961
• The Sind Local Government Ordinance, 1972
• The North West Frontier Province Local Government
  Ordinance, 1972
• The Punjab Local Government Act, 1975
• The Baluchistan Local Government Act, 1975
• The Provincial Local Government Ordinances, 1979
• The Northern Areas Local Government Order, 1979
• The Capital Territory Local Government Ordinance,
  1979

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LOCAL INSTITUTIONS IN CANTONMENTS

• The General Cantonment Act, 1889.
• The Cantonment Act, 1910.
• The Cantonment Code, 1912.
• The Cantonment Act, 1924.
• The Cantonment Ordinance, 2002.

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LOCAL INSTITUTIONS IN SPECIAL AREAS- NORTHERN
AREAS, AJK AND ICT

• The Capital Development Authority Ordinance,
  1960.
• The Northern Areas Local Government Order, 1979.
• The Islamabad Capital Territory Local Government
  Ordinance, 1979.
• The Azad Jammu and Kashmir Local Government Act,
  1990.
• The Islamabad Capital Territory Local Government
  Ordinance, 2002.

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DEVOLUTION OF POWER PLAN

• The Local Government Plan, 2000
• The Provincial Local Government Ordinances, 2001
• The Islamabad Capital Territory Local Government
  Ordinance, 2002
• Amendments in the Code of Criminal Procedure and
  other laws, including General Clauses Acts and
  Land Revenue Act.
• Replacement of the Police Act, 1861, by the
  Police Order, 2002.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE
ORDER

• Three levels of Local Government
• District Government Zila Council
• Tehsil Municipal Administration and Tehsil
  Council
• Union Administration and Union Council.
• Union Nazim, Naib Union Nazim and eleven
  Councilors elected directly. The members against
  reserved seats of the District Council and Tehsil
  Council elected through indirect elections.
• Elimination of Divisional tier.
• District Administration headed by a Public
  Representative through Election.
• The Union Council given representation in the
  District and Tehsil Level.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE
ORDER

• 33 women given representation at all the three
  levels of the Councils. Minorities, peasants and
  workers provided with reserved seats.
• Rural and Urban divide eliminated.
• Thirty offices of the Provincial Government
  decentralized to the District Government.
• Municipal Functions placed under the Tehsil
  Municipal Administration.
• Bottom-up planning approach for development.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE
ORDER

• System of Checks and Balances through Local
  Government Commission, Provincial Finance
  Commission, Zila Mohtasib (Ombudsman) and
  Monitoring Committees of the Councils.
• Development at the level of District, Tehsil and
  Union provided through the institution of Citizen
  Community Boards (CCB).
• System of Alternate Dispute Resolution (ADR)
  provided through Anjuman-e-Musalihat.
• Provisions for setting up village and
  neighbourhood Councils.
• Each Province will establish District Service.
• Zila Mushavirat Committees established for
  integrated development and realization of
  economic potential.
• Zila Nazim empowered to invoke the provisions of
  section 144 Code of Criminal Procedure earlier
  exercised by the District Magistrate.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE
ORDER

• A Police Officer arresting a person without a
  warrant to immediately report to Zila Nazim,
  Superintendent of Police and District Public
  Safety and Complaints Commission.
• Zila Nazim required to initiate an annual report
  of District Police Officer in a manuscript form.
• Zila Nazim empowered to visit a Police Station to
  find out if any person is under unlawful
  detention and in appropriate cases may also
  direct action in accordance with law.
• Separation of watch and ward, investigation and
  prosecution.
• Public Safety and Complaint Commissions set up at
  District, Provincial and Federal Level to empower
  the Public Representatives to overview the
  performance of Police and to deal with public
  complaints against Police.

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CONSTITUTIONAL EMPOWERMENT

• The Government of India Act, 1935
• The Constitution of Islamic Republic of Pakistan,
  1956
• The Constitution of Islamic Republic of Pakistan,
  1962
• The Interim Constitution of Islamic Republic of
  Pakistan, 1972
• The Constitution of Islamic Republic of Pakistan,
  1973
• Article 32
• Article 37
• Article 175
• 17th Amendment to the Constitution of the Islamic
  Republic of Pakistan and the insertion of Article
  140A.
• By virtue of amendments in Article 268(2), read
  with the Sixth Schedule, a protection of six
  years from the commencing day was accorded to the
  Provincial Government Laws and the Police Order,
  2002.

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THANK YOU
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ORGANOGRAM OF LOCAL SELF-GOVERNMENT UNDER THE
BASIC DEMOCRACIES ORDER, 1959
Divisional Council
District Council
RURAL
URBAN
Municipal Committees
Thana / Tehsil Council
Union Committees
Union Councils
Town Committee
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ORGANOGRAM OF LOCAL GOVERNMENT UNDER THE LOCAL
GOVERNMENT ORDINANCES, 1979
Local Government
RURAL
URBAN
Metropolitan Corporations
District Council
Municipal Corporation/Committee
Markaz Council
Union Councils
Town Committee
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ORGANOGRAM OF LOCAL GOVERNMENTS UNDER THE LOCAL
GOVERNMENT ORDINANCES, 2001
City District Government
District Government
Town Municipal Administration
Tehsil Municipal Administration
Union Administration
Union Administration
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