Muhammad Azhar Khan Page 1

Muhammad Azhar Khan

Class; PGDPA, sec A
Assignment Number 2
Submitted to: Sir Gohar
ROLE OF LOCAL GOVERNMENT AND COMMISINARY SYSTEM
HISTORICAL BACK GROUND OF LOCAL GOVERNMENT:
Pakistan came into existence on August 14, 1947. The country inherited the institutions, which were
functioning in accordance with the colonial system of governance. Constitutional changes to make a
new beginning took place in 1956 and 1962. The Basic Democracy system was introduced in 1959
through the promulgation of the Basic Democracies Ordinance, 1959. In 1960 the Municipal
Administration Ordinance was promulgated to supplement the provisions of Basic Democracies Order,
1959 with reference to urban areas. A historical change took place in 1971. The local government laws
enacted in 1972 and 1975, however, could not be administered as elections under these laws were not
held and official administrators continued to govern local institutions from 1971 to 1979. In 1979 a new
system of local government was initiated through the promulgation of the Local Government
Ordinances, 1979.
The fundamentals remained the same and the people could not be empowered and no real power could
be transferred to the people at the local level. The Land Revenue Act 1967, Police Act 1861, Criminal
Procedure Code, and Pakistan Penal Code etc., continued to be implemented as was the case in the
British Raj. In essence the British Raj was replaced with officer and bureaucratic rule. The
Commissioner, Deputy Commissioner, Assistant Commissioner, Superintendent of Police, and line
departments etc. continued to perform the same functions and in the same manner as under the British
rule. The bureaucracy as before remained in firm control, over all local institutions. Public services were
not provided as a right but doled out as a favor through the informal system. Such favors included
development funds, postings, transfers, recruitment, contracts, license etc.
In this scenario neither the executive nor the elected representatives could be made responsible and
accountable. Over time this led to deterioration of services and schools, hospitals, roads and institutions
became dysfunctional.
The local government systems introduced in Pakistan in 1959 and 1979 were also based on the same
principle of Office relationship. The style of governance remained colonial in nature. The local
governments and their officials were not made responsible to the people and their elected
representatives as control of the erstwhile local governments remained with the administration.
Controlling authority could dissolve the local governments and members could be suspended.
Democratic system was under administrative control and people were unable to exercise their rights.
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DEVOLUTION OF POWER:
Despite entrenching the reforms and the systems in the Constitution, laws, rules, manuals, codes etc.,
the informal mechanism prevailed over all others. Development work was being undertaken and funds
spent in the name of the people without involving them in the decision making process. The resistance
to change the 150 years old system was in fact to perpetuate the administrative control over the people.
Since 1947 more than 22 reports on civil service reforms were published but never implemented. Similar
reforms had also been undertaken in the areas of police, judiciary, law, political parties etc.
It was evident that to empower the people so that they may exercise their rights required a new
concept of local governance and fundamental changes in the political, administrative and financial
structures. If local democracy was to flourish then the position on the ground had to change in favor of
the people. Under the old system of politics, local governance democracy could not be sustained. The
people had to be empowered to have control over the resources. Elected representatives answerable to
the people needed to be made in charge. Democracy requires that people through their elected
representatives be made responsible and accountable for their decisions. In a centralized and
administratively controlled system the checks and balance become less effective.
LOCAL GOVERNMENT SYSTEM:
The provincial governments promulgated the Local Government Ordinance, 2001 in their respective
provinces to install a new integrated Local Government System with effect from 14th August 2001 to
function within the provincial framework and adhere to the Federal and Provincial laws. The new
system, which may be best described through the 5Ds Local Government System 2001, reorients
administrative system to allow public participation in decision-making. The essence of this system is that
the local governments are accountable to citizens for all their decisions. It enables the proactive
elements of society to participate in community work and development related activities. It has also
removed rural-urban divide.
The new system provides three-tier local government structure in which there is only one line of
authority in the district and district bureaucracy is responsible to the elected representatives. More
operational autonomy is ensured to the district level offices. Administrative and financial powers of the
defunct divisional offices have been, by & large, delegated to the District level.
At the top tier, the District, there is a single integrated local government called District Government. The
district government consists of Zila Nazim and District Administration. The District Administration, which
comprises district offices including sub-offices at tehsil level. The Provincial Government departments
decentralized to the District Government are responsible to the Zila Nazim. The administration is now
responsible to serve the people. Adequate checks and balances have been introduced in the System.
The new System effectively addresses the specific needs and problems of large cities. In addition to
declaration of four provincial headquarters as City Districts, the System has provisions to declare a
city/tehsil as City District and Towns when it becomes urbanized and fulfills the criteria of a City District.
Government of the Punjab has declared Rawalpindi, Multan, Gujranwala and Faisalabad as City Districts
in June 2005.
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The middle tier, the Tehsil, has Tehsil Municipal Administration headed by the Tehsil Nazim. The Tehsil
Municipal Administration includes the offices and sub-offices of the Urban Local Councils established
under the repealed Local Government Ordinance 1979, offices and sub-offices of Local Government &
Rural Development, Public Health Engineering and Housing & Physical Planning Departments of
Provincial Government entrusted to it for administrative and financial management. In a City District, a
Town Municipal Administration is organized more or less on the same pattern as Tehsil Municipal
Administration in a common District.
At the lower tier, the Union Administration, which is a body corporate, covers the rural as well as urban
areas across the whole district. It consists of Union Nazim, Naib Union Nazim and three Union
Secretaries and other ancillary staff.
The coordination between the three tiers is ensured through the following arrangements:
The Zila Council in a common district or in a city district, apart from reserved seats for women, peasants
& workers and minorities, consists of Union Nazims of all the unions in the district or the city district.
Similarly the Tehsil/Town Council, apart from reserved seats for women, peasants & workers and
minorities, consists of Naib Union Nazims of all the unions in the tehsil in a common district or in the
town in a city district. This provides vertical linkages between the three tiers of the local governments
i.e. the Union, Tehsil, and District. Union Nazim and Naib Union Nazim are elected as joint candidates to
the Union Council, which consists of thirteen elected members against general and reserved seats
including the Union Nazim and Naib Union Nazim.
The new Local Government System envisages formula-based fiscal transfers to the districts through
Provincial Finance Awards. In addition, local governments are allowed to levy local taxes/fees from a
specified list. To promote trade and commerce in the country there will be no import/export tax or tax
on movement of goods through a district. According to the new Local Government System, local
governments are not allowed to incur any debt to finance their expenditure.
Local governments are formed on three levels Distrcit, Tehsil & Union Council level. They are based on
five fundamentals devolution of political power, decentralization of administrative authority,
decentralization of management functions, diffusion of power authority nexus and distribution of
resources at different levels.
CONCLUSION:
Elections were held in the year 2001&2005 under the new local government Ordinance. Elected Local
governments have been successfully setup at all tiers and devolution of administrative, bureaucratic and
financial resources one at the final stages.
The Local Governments have successfully completed their tenure. A major paradigm in shift has taken
place after devolution plan 2001. Powers have been decentralized at grass roots level, which enhanced
efficiency and effectiveness.