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Guidelines For Monitoring Committees Of Local government

 

Table of Contents

Sections Contents Pages
1 Introduction  
2

Basic Framework of Monitoring Process

Definition Of Monitoring

Need for monitoring by the Elected Representatives of the Local Governments

Objectives of Monitoring Committees

Fundamental Principles of Monitoring

Dos and Don’ts of the Monitoring Process

 
3

Composition and Election of Monitoring Committees

Composition of the Union Council Monitoring Committees

Election of Union Monitoring Committees

Composition of the Tehsil/Town Council Monitoring Committees

Election of Tehsil/Town Monitoring Committees

Composition of the Zila Council Monitoring Committees

Election of Zila Monitoring Committees

 
4

Rules and Responsibilities of the Monitoring Committees

Union Monitoring Committees (UMCs)

Tehsil/Town Monitoring Committees (TMCs)

Zila Monitoring Committees (ZMCs)

 
5

Monitoring Mechanisms

Monitoring by obtaining feedback from public

Monitoring Service delivery through visits to facilities

Monitoring the functioning of Offices

Monitoring of Plans, Targets, Progress through official reports/information

Information Gathering Prelude To Transparency

 
6

Monitoring Process of the Union Monitoring Committees (UMCS)

Union Monitoring Committees (UMCs)

Information Collection and Analyses

Processing of Information and Actions

Quarterly Reports and ensuing Actions

 
7

Monitoring Process of the Tehsil Monitoring Committees (TMCS)

Tehsil/Town Monitoring Committees (TMCs)

Information Collection and analysis

Processing of Information Gathering and Actions

Quarterly Reports and Actions

Flow chart of Monitoring Process

 
8

Monitoring Process of the Zila Monitoring Committees

Zila Monitoring Committees (ZMCs)

Information Collection and Analysis

Processing of Information Gathering and Actions

Quarterly Reports and Actions

 
9

Ethics (Code of Conduct) Committee

The Need Of Ethics Committee For Each Council

Composition & Election of Ethics Committees

Functions Of Ethics Committees

Monitoring Of the Functions Of Monitoring Committees

 
10

Insaf Committee

Composition & Election Of Insaf Committees

Role of Insaf Committees

Functions of Union Insaf Committees

Tehsil/Town Insaf Committees

Zila Insaf Committees

 
11

Accounts Committee

Composition of Accounts Committees

Functions Of Accounts Committees

Functions Of Union Accounts Committees

Functions Of Tehsil/Town Accounts Committees

Functions Of Zila Accounts Committees

Access to Record

Exclusion Of Certain Records

 
12

Union Public Safety Committee

Composition Of Election

Functions Of The Union Public Safety Committees

 
13

Zila Sports And Culture Committee

Composition & Election Of Sports & Cultural Committees

Function Of Sports & Cultural Committees

 
14

Follow-up Mechanism of the Monitoring Committees

Quarterly Monitoring Reports

Main steps relating to the Quarterly Monitoring Reports

 
15 Conclusion  
 

Annex 1

            Sections of the SBNP Local Government  (Model) Ordinance       Relating Monitoring

 
 

Annex 2

            Sample For Monitoring Report

 
 

Annex 3

A Sample Form For Follow-up of Monitoring Reports

 
 

Annex 4

            Musalihat Anjaman

 
 

Annex 5

Oath of the Tehsil/Town Nazim

 

 

 Guidelines For Monitoring Committees of Local Government

 

1- INTRODUCTION

 

1.1       Main purpose of including a comprehensive system of monitoring in the Local Government Ordinance is to improve the performance of government offices along with service delivery through participatory inputs from the community and all stakeholders. A number of Monitoring Committees have been identified in the Ordinance, which are to be constituted by the concerned councils.

 

1.2       Local level development is increasingly viewed as a process based above all on people – their capabilities, perceptions – and as one that requires investment in people, coupled with changes in their socio-economic status.

 

1.3       The processes of development and monitoring go hand in hand. Gathering of basic information for the purpose of monitoring, underpin analysis and participation. Furthermore dissemination of information based on effective communication and monitoring helps develop a transparent, flexible and permissive system for local re-adaptation.

 

1.4       The Monitoring System, as envisaged in the Ordinance, is based on the principles of developing mutual understanding, participation and cooperation. The primary role of the Monitoring Committees is to identify problems at the Offices/facilities and bring these to the notice of the respective Council Nazims and the concerned administration. Monitoring Committee members of the Councils will act as a bridge between the people, elected representatives and the administration. An important role of the Monitoring Committees is also to follow up on the issues and monitor their progress.

 

1.5       Community involvement in the affairs of monitoring through the elected monitoring committees of Union, Tehsil and Zila councils, serves as the starting point in building community members’ confidence and capacity to become more actively involved in the management of delivery of services. More specifically, the goals of Monitoring are to: Develop strong commitment towards making systematic overview of essential problems and their inter-relationship and causes: basic, underlying and immediate.

Inculcate strong sense of collective efforts and team building with a view that money and financial resources may be important but what is more important is the ownership, care and conscious efforts to solve essential problems at community level through collective efforts and shared responsibilities.

  1. c) Change the mindset, in a manner that every body feels responsible and plays important role in the design of suitable and innovative solutions to problems. All role players undertake tasks aiming at improving the living conditions at community level.

 

1.6       The monitoring by the MCs is independent of the management oversight which is conducted through the management structure of the offices. The latter is limited to the offices and has a top down approach. The monitoring by the monitoring committees is based on peoples participation, and responsiveness to people through a horizontal approach.

 

1.7       To add on to the productivity and efficiency of the system and monitoring committees, there are other committees, i.e. Ethics Committee, Insaf Committee, Accounts Committee, Union Public Safety Committee, Zila Sports and Culture Committee, which will compliment the functioning of the monitoring process. Every Committee is independent in functioning which will be explained in detail in these guidelines.

 

1.8       Members of each council are public functionaries vested with substantial powers and responsibilities of decision-making in various aspects that are specified in the Ordinance. Given that their conduct and decisions have significant social, political and economic implications, the objective of having these monitoring committees is to ensure accountability and transparency.

 

1.9       These guidelines have been prepared for various Monitoring Committees (MCs) of the Councils in order to assist them in performing the functions assigned to them, under the SBNP Local Government Ordinance, 2001.

 

 

 

2- BASIC FRAMEWORK OF

MONITORING COMMITTEES

 

2.1 Definition Of Monitoring

 

  1. a)         Monitoring is the systematic collection and analysis of information to enable the stakeholders to determine whether key activities are being carried out as planned and are achieving the desired results or not. Monitoring provides feedback to the management, which shall be used to improve operational plans and to take corrective action.

 

  1. b)         Human and financial resources have always been considered as the basic input for carrying out plans. However, mere presence of these resources is not sufficient to ensure that the progress will be carried out as planned. The plans have to be constantly monitored if results are required as per schedule. The management must know whether activities are being carried out as planned or not. It is through the Monitoring system that the feedback is provided. The modern world has used the monitoring process to improve the functioning of the government offices and service delivery facilities.

 

2.2 Need for monitoring by the Elected Representatives of the Local Governments

 

  1. a)         The local government institutions and offices have internal checks in the shape of inspections, audits, inquiries, complaint cells, etc. to improve efficiency and effectiveness of the offices and facilities. Unfortunately, it has not worked very well. The inherent problem with this kind of monitoring was the lack of involvement of the people and transparency.

 

  1. b)         Therefore, the new Local Government System provides monitoring through the elected representatives. In fact, it is the first time that the elected representatives have been assigned the responsibility of monitoring under the law. The monitoring role assigned to them is that of identification of problems and bringing them to the notice of the Councils, Nazims, and the Administration and to assist in resolving the problems, through an interactive process involving the officials and the people. They are to ensure that the feedback of people reaches the policy makers and the planners.

 

2.3 Objectives of Monitoring Committees

 

The objectives of monitoring is to analyse the information collected through the various channels and to assess whether the following is taking place or not:

 

  1. Judicious use of available resources;

 

  1. implementation is as per plans;

 

iii.         targets are being met;

 

  1. service delivery is improving;

 

  1. administration is responsive to people’s need; and

 

  1. there is transparency in functioning of Offices.

 

2.4 Fundamental Principles of Monitoring

 

  1. a)         Monitoring shall primarily begin with the identification of problems. The Committees shall assess whether the people are getting satisfactory services or not, if not what are the reasons and how the problems could be resolved. It shall bring issues and problems to the notice of the respective Council members, Nazims and the Administration.

 

  1. b)         The most important prerequisites for the effective monitoring are an openness of mind and commitment to solving problems. Monitoring is not an inspection. It is neither an audit nor an inquiry. It is the identification of the problems, which must be solved in the interest of the people. Monitoring requires good interpersonal skills and the following guidelines shall be observed while undertaking monitoring:

 

  1. i)        MCs shall consider monitoring as a friendly exercise in the interest of the people and shall not become aggressive and create tensions and frictions with the service providers.

 

  1. ii)         MCs shall interact proactively with the community and people to identify critical issues/problems that need to be resolved.

 

iii)       MCs shall interact with all stakeholders to stimulate the process of problem solving, instead of collection of individual complaints.

 

  1. iv)        MCs shall collect information in a simple, practical and effective manner.

 

  1. v)         MCs shall deal with facts and not include value judgement in their quarterly reports.

 

  1. c)         The MCs will monitor various functions and activities performed by the Local Governments. The focus of monitoring shall mainly be on service delivery. The main functional areas to be monitored are offices, services delivery, development projects and facilities.

 

2.5 Dos and Don’ts of the Monitoring Process

 

  1. a)         The Do’s and Don’ts are being suggested for the Monitoring Committees so that the Committees or Members do not transgress legal boundaries; yet at the same time achieve the objectives assigned to them. The emphasis of monitoring by the elected representatives is on the improvement of performance, because improvements in the service delivery would ultimately lead to public satisfaction. This can only happen if every one involved feels equally responsible towards the public and improvement in the service delivery system

 

Do’s Don’ts

Seek information as part of the monitoring process.

Identify basic problems.

Aim at improving the delivery of services.

Be courteous, friendly, polite and patient.

Act as a facilitator.

Prepare for monitoring visits.

Don’t interfere in the work of offices or service providers.

Don’t intrude or sneak in.

Don’t harass the functionaries.

Don’t create friction or problems.

Don’t force yourself on others.

Avoid unplanned monitoring visits.

 

 

 

3- COMPOSITION AND ELECTION OF

 

THE MONITORING COMMITTEES

 

3.1 Composition of the Union Council Monitoring Committees

 

  1. a) There shall be minimum three members to each Union Monitoring Committee.

 

  1. b) One third of the Members of each Union Monitoring Committee shall consist of members from reserved seats for women, peasants, workers and minority.

 

  1. c) The Naib Union Nazim will head monitoring Committee of Municipal Services.

 

  1. d) The Union Council will elect members of the Monitoring Committees from its Council members.

 

  1. e) The term of the MCs is three years.

 

  1. f) The MCs may seek consultation from the Citizen Community Board (CCB), Village Councils/Neighbourhood Councils as provided in the Law.

 

3.2 Election of Union Monitoring Committees

 

  1. a) The Union Nazim will conduct the election of the Monitoring Committees.

 

  1. b) The election of members shall be on the basis as specified in the Ordinance. Each member of the council will cast a vote, in favour of any one of the contesting candidates of the monitoring committees through a secret ballot.

 

  1. c) Election of different MCs will be held separately (one committee at a time), at the Union Council level.

 

  1. d) The member who obtains the highest vote for the MC would be the Chairman of that MC.

 

  1. e) Members obtaining maximum votes would be the members of the MC.

 

  1. f) The Monitoring Committees shall obtain vote of confidence from the Council members, after the completion of the first year.

 

  1. g) One Council member can contest for more than one committee, including MCs.

 

  1. h) One Council member can head different committees, including MCs, if voted for by the Union Council members.

 

  1. i) In case of a need to elect fresh members for the existing MCs, the concerned Council can approve elections to elect members for the MCs, after the completion of one-year period.

 

3.3 Composition of the Tehsil/Town Council Monitoring Committees

 

  1. a) There shall be minimum three members to each Tehsil/Town Monitoring Committee.

 

  1. b) One third of the Members of each Tehsil/Town Monitoring Committee shall consist of reserved seats of women, peasants, workers and minority.

 

  1. c) The Tehsil/Town Council will elect members of the Monitoring Committees from its Council members.

 

  1. d) The term of the MCs is three years.

 

  1. e) The MCs may seek consultation from the Citizen Community Board (CCB), Village Councils/Neighbourhood Councils as provided in the Law.

 

3.4 Election of Tehsil/Town Monitoring Committees

 

a). The Naib Tehsil/Town Nazim will conduct the election of the Monitoring Committees.

 

  1. b) The election of members shall be on the basis as specified in the Ordinance. Each member of the council will cast a vote, in favour of any one of the contesting candidates of the monitoring committees through a secret ballot.

 

  1. c) Election of different committees, including MCs will be held separately (one committee at a time), at the Tehsil/Town Council level.

 

  1. d) Member who obtains highest vote for the MC would be the Chairman of the MC.

 

  1. e) Members obtaining maximum votes for the MC would be the members of the MC.

 

  1. f) The members of the Monitoring Committees shall obtain vote of confidence from the Council members, after the completion of the first year.

 

  1. g) One Council member can contest for different committees.

 

  1. h) One Council member can head different committees, including MCs, if voted for by the Tehsil/Town Council members.

 

  1. i) Council will decide, if need may be for holding fresh elections for the MCs at the Tehsil/Town level.

 

  1. j) In case of a need, to elect fresh members for the existing MCs, the concerned Council can approve elections, to elect members for the MCs, after the completion of one-year period.

 

3.5 Composition of the Zila Council Monitoring Committees

 

  1. a) There shall be minimum three members to each Zila Monitoring Committee.

 

  1. b) One third of the Members of each Zila Monitoring Committee shall consist of reserved seats of women, peasants, workers and minority.

 

  1. c) The Zila Council will elect members of the Monitoring Committees from its Council members.

 

  1. d) The term of the MCs is three years.

 

  1. e) The MCs may seek consultation from the Citizen Community Board (CCB), Village Councils/Neighbourhood Councils as provided in the Law.

 

3.6 Election of Zila Monitoring Committees

 

  1. a) The Naib Zila Nazim will conduct the election of the Monitoring Committees.

 

  1. b) The election of members shall be on the basis of each member of the council casting only one vote, in favour of anyone of the contesting candidates, for all the monitoring committees through a secret ballot.

 

  1. c) Election of different committees will be held together at the Zila Council level.

 

  1. d) Member who obtains highest vote for the MC would be the Chairman of the MC.

 

  1. e) Members obtaining highest votes for the MC would be the members of the MC.

 

  1. f) The members of the Monitoring Committees shall obtain vote of confidence from the Council members, after the completion of the first year.

 

  1. g) One Council member can only contest for one MC.

 

  1. h) No Zila Council member can head more then one MC.

 

  1. i) Council will decide, if need may be, holding of fresh elections for the Cs at the Zila level after completion of on year.

 

  1. j) In case of a need to elect fresh members for the existing MCs, the concerned Council can approve fresh elections to elect members for the MCs, after the completion of one-year period.

 

 

4- ROLES AND RESPONSIBILITIES OF

THE MONITORING COMMITTEES

 

4.1 Union Monitoring Committees (UMCs)

 

  1. a) The Monitoring Committees elected by a Union Council shall be responsible to monitor the functioning of all offices of the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration for the delivery of services within the Union. The Union MCs shall prepare and submit their quarterly reports to their Councils.

 

  1. b) At least there shall be a Monitoring Committee for each of the following at the Union level:

 

  1. Municipal Services

 

  1. Finance

 

iii.         Public Safety

 

  1.         Health

 

  1.         Education

 

  1.         Literacy

 

vii.        Works and Services

 

  1. c)  The Union MCs shall monitor the service delivery in their respective areas. The MCs shall focus on identifying the critical problems affecting service delivery. As far as possible, the Union Nazim, the Naib Union Nazim, the MC members, and the Union Secretaries shall try to resolve the issues/problems at the Union level.

 

  1. d) The unresolved problems shall be referred to the Zila Monitoring Committees (ZMCs) and to the Tehsil/Town Monitoring Committees (TMCs) as follows:

 

  1.          The Union Nazim shall take up matters related to the district government offices and their service delivery facilities to the Zila MCs.

 

  1.          The Naib Union Nazim shall take up problems related to the Municipal Services to the Tehsil/Town MCs.

 

iii.         The resolutions of the Union Council on the quarterly reports of the Union Monitoring Committee shall be passed to the Tehsil/Town Council or Zila Council, as the case may be.

 

  1. e) The MCs of the Zila and the Tehsil/Town shall make efforts to resolve issues of Union MCs with their concerned Nazim, Council and the Administration.

 

  1. f) The Zila Council and Tehsil/Town Council shall bring forth resolutions of Union Council in their Council Meeting for solving or addressing the issues/problems of the Union Council.

 

4.2 Tehsil/Town Monitoring Committees (TMCs)

 

  1. a) The Monitoring Committees elected by the Tehsil/Town Council shall be responsible for monitoring the functioning of the offices of the Tehsil/Town Municipal Administration and the provision of municipal services. The Tehsil/Town MCs shall prepare and submit their quarterly reports to their concerned Councils.

 

  1. b) At least, there shall be a Monitoring Committee for each of the following at the Tehsil/Town level:

 

  1.          Municipal Regulation

 

  1.          Infrastructure and Services

 

iii.         Planning

 

  1.         Finance

 

  1. c) Tehsil/Town MCs shall communicate their own issues/problems along with the issues/problems of the Union Monitoring Committees to their concerned Nazim, Administration and the Council.

 

  1. d) In case of a city district, Town Monitoring Committees shall refer the problems of district government offices to the Zila Monitoring Committees.

 

4.3 Zila Monitoring Committees (ZMCs)

 

  1. a) The Monitoring Committees of the Zila shall be responsible for monitoring the performance of the District Government Offices in the District. The Zila MCs shall prepare and submit their quarterly reports to their Zila Councils.

 

  1. b) At the Zila level there shall be a Monitoring Committee for each Group of Offices or for each individual Office within the Group of Offices.

 

  1. c) Zila MCs shall communicate their own issues/problems alongwith the issues/problems of the Tehsil /Town MCs and Union MCs to their concerned Nazims and Administration.

The basic framework under which the Monitoring Committees shall be established is derived from the SBNP Local Government (Model) Ordinance 2001 (see Annex I).

 

5- MONITORING MECHANISMS

There are basically four methods through which the MCs shall monitor. These are:

 

5.1 Monitoring by obtaining feedback from the public

 

This requires the members of the MCs to proactively seek opinion of the public regarding service delivery and performance of various offices.

 

5.2 Monitoring Service delivery through visits to facilities

 

Field visits shall be an essential activity of the monitoring undertaken by the MCs. This provides primary information which is essential for an effective monitoring. Therefore, the Union Council MCs have been assigned the task of monitoring the service delivery as their prime responsibility.

 

5.3 Monitoring the functioning of Offices

 

Monitoring the functioning of the offices at the Tehsil/Town and District level shall be the main activity of the MCs at these levels. To assess the performance would require the analysis of the following information which is to be provided by the concerned Offices:

 

  1.          Available Resources:

 

  1.          Human & Financial

 

iii.         Plans: Targets, Schedules, Cost estimates, Activities, Inputs, Cost of services and Overheads

 

  1. Cost effectiveness measures

 

  1.         Progress updates

 

  1.         Responsiveness to people

 

5.4 Monitoring of Plans, Targets, Progress through official reports /information

 

This requires review of plans, activities and routine progress reports of the various Offices. The MCs may request a copy of the routine progress reports from the Offices.

 

5.5 Information Gathering: Prelude To Transparency

 

  1. a) Transparency of governance promotes effective functioning and efficiency. The local government system is designed to ensure transparency of governance, non-intrusiveness and making information a public domain. With transparency in governance and availability of information to the people, the effectiveness of the development process will enhance in a much better way than what has happened in the past.

 

  1. b) On the other hand, secrecy is contemplated to breed doubts and create manipulative management. Country has been lacking transparency in operations and management of state affairs at all levels and conspicuous absenteeism of government functionaries has ubiquitously affected service delivery. Consequently good governance has not been achieved for the betterment of the people. With the transparency in information seeking, information giving and information sharing, a serious effort can be made to minimize negative impacts of the old system.

 

  1. c) To facilitate the process of transparency, the SBNP Local Government (Model) Ordinance 2001, provides the following:

 

Subsection 1 of [Section 137]: Every citizen shall have the right to information about any office of the District Government, Tehsil/Town Administration and Union Administration.

 

Subsection 3 of [Section 137]: Information about the staffing and the performance of the office of a local government during the proceeding month shall, as far as possible, be displayed at a prominent place within the premises of the office for access by the citizens.

 

(i)         The information regarding the staff of service delivery facilities and about the point facilities available, should be displayed on boards at a prominent place at  he service delivery which should be easily accessible for the information of the citizens and MCs. The information should also mention the employees on leave and the ones on official duties.

 

(ii)        Information of the ongoing projects shall be displayed on boards, at a prominent place, where the project activities are taking place for the information of the citizens and MCs.

 

(iii)       Information on the functioning of the Offices shall be made available as prescribed in the section on “monitoring mechanisms” on a regular basis for the information of the citizens and the MCs.

 

  1. d)         These rules will promote concerted and harmonious efforts at all levels, to provide efficient and effective service delivery and feedback for better planning.

 

 

6- MONITORING PROCESS OF THE UNION

MONITORING COMMITTEES (UMCs)

 

6.1 Union Monitoring Committees (UMCs)

 

The Union Monitoring Committees shall in principle monitor the service delivery facilities at the Union level. They shall follow the following process for the improvement of the public service delivery at the Union level.

 

6.2 Information Collection and Analysis

 

  1. a) Union Council Monitoring Committees (UMCs) shall collect information from various sources i.e. community, service delivery facilities, and offices during their visits regarding the functioning of service delivery at the Union level.

 

  1. b) The information thus collected will be analysed by the Monitoring Committees. The critical problems and issues will be identified based on the review and participatory analysis of the collected information.

 

6.3 Processing of Information and Actions

 

  1. a) Union Council Monitoring Committees (UMCs) will inform the respective Nazim or Union Secretaries verbally or in writing, about the problems identified at the facility / office / project visited by them. As a result of the sharing of the information, some of the issues may be resolved at this stage. As far as possible, an attempt should be made to resolve the issues/problems at the Union level by the respective Union Nazim and the Union Secretaries.

 

  1. b) The unresolved issues related to the Union Council will be communicated verbally or in writing to Zila Monitoring Committees by the Union Nazim.

 

  1. c) Zila Monitoring Committees will follow-up on the issues raised by the Union Council with the District Government.

 

  1. d) The unresolved issues of the Union Council of municipal services will be communicated verbally, or in writing to Tehsil/Town Monitoring Committees by the Naib Union Nazim.

 

  1. e) Tehsil/Town Monitoring Committees will follow-up on the municipal services issues, raised by the Union Council with the Tehsil/Town Municipal Administration.

 

6.4 Quarterly Reports and ensuing Actions

 

  1. a) he Union MCs will prepare their quarterly monitoring reports, based on their activities during the period and the issues/problems identified by them. It will also include the achievements made during the last quarter and the efforts made by them to resolve issues/problems. The unresolved issues requiring the Council attention would also be part of the report.

 

  1. b) The Union Council will deliberate on the quarterly reports of the Union MCs and pass resolutions to solve the unresolved issues/problems. The Union Nazim will put forth these resolutions to the Zila Council or the Tehsil/Town Council., as the case may be.

 

  1. c) The Union Nazim will report back within thirty days to the Union Council on the actions taken by him to resolve the issues/problems raised by the Council in the resolutions.

 

 

7- MONITORING PROCESS OF THE TEHSIL

MONITORING COMMITTEES (TMCs)

 

7.1 Tehsil/Town Monitoring Committees (TMCs)

 

The Tehsil/Town Monitoring Committees shall in principle monitor the municipal service delivery at the Tehsil level. They shall follow the following process for the improvement of the municipal services at the Tehsil/Town level.

 

7.2 Information Collection and Analysis

 

  1. a) Tehsil/Town Monitoring Committees (TMCs) shall collect information from various sources i.e. union monitoring committees reports, community and facilities during their visits regarding the performance of municipal services provided by the Tehsil/ Town Municipal Administration.

 

  1. b) The information thus collected shall be analysed by the Monitoring Committees. The critical problems/issues will be identified based on the review of the collected information.

 

7.3 Processing of Information Gathering and Actions

 

  1. a) Tehsil/Town Monitoring Committees (TMCs) will inform the Tehsil/Town Municipal Officer (TMO) verbally or in writing about the problems identified at the facility / office / project level visited by them or brought to their notice.

 

  1. b) TMC would also raise the issues/problems identified by the Union MCs, which were brought to their notice. TMCs will seek information from the TMO on these concerns. As a result of sharing information, some issues may be resolved at the TMO level. As far as possible, an attempt should be made to resolve the issues/problems at the TMO level.
  2. c) Tehsil/Town Monitoring Committees (TMCs) will inform the respective Tehsil/Town Nazim verbally or in writing about the issues, which could not be resolved at the TMO level. Tehsil/Town Nazim will convey decisions to the TMO for action. As far as possible, attempt should be made to resolve the issues/problems at the Tehsil/Town level by the Tehsil/Town Nazim.

 

  1. d) The unresolved issues related to the City District Government at the Town level will be communicated informally/formally to Zila Monitoring Committees by the Town Nazim.

 

  1. e) Zila Monitoring Committees will follow up on issues/problems of the Town Monitoring Committees at the Zila level.

 

7.4 Quarterly Reports and Actions

 

  1. a)         The Tehsil/Town MCs will prepare their quarterly monitoring reports based on their activities during the period including the issues/problems identified by them or brought to their notice, through the Union Monitoring Committees. It will also include the achievements made during the last quarter and the efforts made by them to resolve issues/problems. The unresolved issues requiring the Council’s attention will be identified in the report.

 

  1. b) The Tehsil/Town Council will deliberate upon the reports of the Tehsil/Town MCs and pass resolutions to solve the unresolved issues/problems.

 

  1. c) The Tehsil/Town Nazim will report back within thirty days, to the Tehsil/Town Council on the actions taken by him to resolve the issues/problems.

 

  1. d) The Tehsil/Town Naib Nazim will also inform the respective Union Council on the decisions taken by the Tehsil/Town Council on the issues raised by them.

 

8- MONITORING PROCESS OF THE ZILA

MONITORING COMMITTEES

 

8.1 Zila Monitoring Committees (ZMCs)

The Zila Monitoring Committees shall, in principle monitor the performance of the district government offices at the Zila level. They shall follow the following process for the improvement of the performance of district government at the Zila level.

 

8.2 Information Collection and Analysis

  1. a) Zila Monitoring Committees (ZMCs) shall collect information from various sources i.e. union monitoring committees, reports, community, facilities, and offices during their visits regarding the performance of the district government.

 

  1. b) The information thus collected will be analysed by the Monitoring Committees. The critical problems and issues will be identified based on the review and analysis of the collected information.

 

8.3 Processing of Information and Actions

  1. a) Zila Monitoring Committees (ZMCs) will inform the respective EDO’s verbally or in writing about the problems identified at the facility / office / project visited by them and or brought to their notice.

 

  1. b) Zila MCs would also raise the issues identified by the Tehsil/Town/Union MCs, which were brought to their notice.

 

  1. c) ZMCs will seek information from respective EDOs on these concerns. Due to the sharing of information, some issues may get resolved at the EDOs level. As far as possible, attempt should be made to resolve the issues/problems at that level.

 

  1. d) Zila Monitoring Committees (ZMCs) will inform the respective Nazim verbally or in writing about the issues, which could not be resolved at the EDOs level. As far as possible, an attempt should be made to resolve the issues/problems at the Zila level by the Zila Nazim. Decisions of Zila Nazim will be conveyed to the DCO/EDO for action.

 

  1. e) The unresolved issues related to the Provincial Government shall be communicated informally/formally to the Provincial Government by the Zila Nazims.

 

8.4 Quarterly Reports and Actions

  1. a) The ZMCs will prepare their quarterly monitoring reports on issues/problems identified by them and brought to their notice, through the Union Monitoring Committees. It will also include efforts made by them to resolve issues/problems alongwith the unresolved issues.

 

  1. b) The Zila Council will deliberate upon the reports of the ZMCs and pass resolutions to solve the unresolved issues/problems.

 

  1. c) The Zila Nazim will report back within thirty days to the Zila Council on the actions taken by him, to resolve the issues/problems raised by the Council in the resolutions.

 

  1. d) The Zila Naib Nazim will also inform the respective Tehsil/Town Council, Union Council on the decisions taken by the Zila Council on the issues raised by them.

 

 

9- ETHICS (CODE OF CONDUCT)

COMMITTEES

Each Zila Council, Tehsil Council and Union Council shall elect its Ethics Committee (code of conduct committee).

 

9.1 The Need for Ethics Committee for each Council

 

Members of each Council are public functionaries vested with substantial powers and responsibilities of decision making in relation to planning, development, allocation of resources, taxation, community mobilization, public safety, access to justice, election of monitoring and other specific function house committees, assessment and evaluation of service delivery, financial discipline and responsiveness of the concerned local govt. to public needs, accountability and promotion of public welfare and prosperity. Nazims and members of monitoring and other house committees have additional leverage in political and administrative affairs. As elected representatives, they are the trustees of people’s interest and have the greater responsibility of ensuring good governance. Law and rules are there to define the scope and limits of their powers but legal order alone does not constitute a free good in unlimited supply. Given that their conduct and decisions have significant political, social and economic implications for the society, they must be subject to a higher standard of integrity, morality, discipline and sensitivity to the rights of other. Such standards are clearly enunciated in their oath of office. The ethics committees are, therefore, meant to further regulate their behavior and to ensure their mandatory provisions of their oath. The sustainability of the local govt. system rests on the edifice of clean and honest stewardship of the elected representatives and any departure from a less than responsible and honest behavior has to be prevented by means of peer pressure and the fear of peer based accountability through ethics committee system.

 

9.2 Composition and Election of Ethics Committees

The ethics committee shall be elected and constituted in the manner provided in Section 3.2.

 

9.3 Functions of Ethics Committees

The functions of an ethics committee shall be to:

  1. a)         Monitor that the members and Naib Nazims of the respective council, and in the case of Union, Union Nazims abide by their oath of office in letter and spirit.

 

  1. b) Formulate, with the assistance of the District Law office, a code of ethics, consistent with the provisions of their oath and secure approval of the respective council within three months from the date on which it took oath of office.

 

  1. c) Monitor the violations of the code of ethics by the members of the council and induce a culture of tolerance impartiality, transparency, frugality and conformity with the Local Govt. Ordinance 2001, and the Council’s rules of procedure, and by-laws.

 

  1. d) Monitor that the members of the respective council, do not indulge in divisive and partisan politics, self-serving conduct, or injury of public interest by misuse of public resources.

 

  1. e) Take notice of any complaint of undue influence, dishonest, unethical, or negligent conduct of any member of the respective council and after ascertaining facts by hearing and the complainant and the concerned elected representative, recommend to the respective council necessary action against such member including removal of such member from monitoring committee, if the substance of the complaint is established.

 

  1. f) Report events of disqualification of a member to hold their office in terms of Section 152 of the Local Govt. Ordinance, 2001 or Local Govt. Elections Ordinance 2000 to the Chief Election Commissioner of Pakistan.

 

9.4 Monitoring of the Functions of Monitoring Committees

  1. a) The additional function of the Ethics Committee shall be to monitor the functioning of the monitoring committees for the purpose of ensuring:

 

  1. i)          that they refrain from interference in to day to day working of the offices of the local government.
  2. ii)         that they don’t cause harassment to functionaries of the local govt.

 

  1. b) Take notice of complaints of an aggrieved official of local govt. against misbehaviors, undue interference, under influence, harassment or misconduct of a member of monitoring committee and follow the procedure contained in clause (e) of Section 13.4.

 

 

 

10- INSAF COMMITTEES

 

Each Union Council, Tehsil/Town Council and Zila Council shall constitute its Insaf Committee.

 

10.1 Composition and Election of Insaf Committee

Insaf Committee of the Union, Tehsil/Town and Zila Council shall be elected and constituted in the manner laid down in Section 3.2.

 

10.2 Role of Insaf Committees:

Insaf Committees of the Union, Tehsil/Town and Zila Council are not monitoring committees per se because courts of law are independent institutions and outside the ambit of the local government system. They have been assigned an important role of enhancing peoples access to justice. Their role is two fold:

 

(1) facilitation of out of court settlement of disputes through alternative dispute resolution system comprising Musalehat Anjumans, conciliation, mediation or arbitration and

 

(2), chennelizing citizens grievances of delay in delivery of justice or inaction by the subordinate courts to the concerned members of the High Court Inspection Team. Although, monitoring the administration of justice by the courts of law is clearly outside the scope of their functions, yet they have a significant role of intermediation between litigants and the forums of alternative dispute resolution on one hand and supervisory courts on the other aimed at bringing to the attention of Superior Courts cases of serious injustice or inordinate delay and thus facilitate the citizens in getting justice from the courts of law.

 

10.3 Functions of Union Insaf Committees: The Union Insaf Committees shall perform the following functions:

  1. a) Assist the constitution of Musalehat Anjumans by selecting a panel of three Musaleheen (Conciliators) from amongst the residents of the Union enjoying reputation of integrity, good judgment and respect to provide a civil society forum for amicable settlement of disputes in the manner provided in Section 102 to 106 of the Local Govt. Ordinance 2001. (Annex- 4)

 

  1. b) Provide consultation to the Union Nazim in selection and appointment of Musaleheen (Conciliators) in cases where parties chose to refer their dispute to a person or persons other than the members of the Musalehat Anjuman.

 

  1. c) Disseminate public awareness of the social and economic benefits of out of court amicable settlement of disputes.

 

  1. d) Assist the access of the parties to a dispute to Musalehat Anjuman or conciliator, mediators or arbitrators in achieving amicable settlement of disputes, whether or not litigation proceedings have been instituted in a court of law in respect of such dispute.

 

  1. e) Help the parties to a dispute in acquisition or production of testimonies, witnesses and documentary evidence.

 

  1. f) Monitoring the time frame of the settlement of disputes referred to Musalehat Anjumans, or, as the case may be, conciliators, mediators or arbitrators.

 

  1. g) Present a quarterly report to the Union Council on functioning of Musalehat Anjuman.

 

  1. h) Take notice of complaints against any member of Musalehat Anjuman and where the substance of complaint are established, remove such a person from Musalehat Anjuman if select his substitute.

 

10.4 Tehsil/Town Insaf Committee Tehsil/Town Insaf Committees shall perform the following functions:

  1. a) Report general perception of the people on the delivery of justice by the courts of law located in the tehsil or town, on quarterly basis.

 

  1. b) Report, on quarterly basis, to the Zila Insaf Committees court cases, deserving intervention of the concerned member of the High Court Inspection team for their expeditious disposal.

 

  1. c) Arrange with the Judge Incharge of the Tehsil/Town Court administration the display of the following information outside each court room:
  2.          Guidelines issued by the Court to facilitate litigants in obtaining copies of non-classified documents such as plaint written statements, Courts certified judgments, stay orders etc; the cause lists, schedule of court fee and such other information as the court may deem appropriate to display for awareness of the litigants, excluding the information about noting or minutes on court files, financial records of the parties to litigation or any record affecting the privacy of individuals.
  3.         Number of cases pending at the end of each month;

III.       Number of cases disposed of during a month;

  1.       Number of cases referred by the Courts of law to the forums of alternative dispute resolution, i.e., Musalehat Anjmans or conciliators, mediators and arbitrators, for amicable settlement and the outcome, thereof.

 

10.5 Zila Insaf Committee     The Zila Insaf Committee shall perform the following functions:-

  1. a) Bring to the notice of the members of the High Court Inspection Team the general public perception about the delivery of justice by the District Courts system.

 

  1. b) Facilitate access of the citizens aggrieved by abnormal delay or non delivery of justice to the member of the High Court Inspection team for redressal of their grievances.

 

  1. c) Review the performance of Musalehat Anjumans and take steps to make them more efficacious and prompt in out of court settlement of disputes.

 

  1. d) Present quarterly report to the Zila Council on the public perception of the state of delivery of justice in the district especially with reference to the alternative dispute resolution systems and the outcome of intercession with the member Inspection Team of the High Court.

 

 

11- ACCOUNTS COMMITTEES

Each Union, Tehsil / Town or Zila Council shall constitute its accounts committee.

 

11.1 Composition and election of Accounts Committee

Accounts Committees of the Union, Tehsil/Town and Zila Council shall be elected and constituted in the manner laid down in Section 3.2.

 

11.2 Functions of Accounts Committee:

The function of Zila, Tehsil/Town and Union Accounts Committees shall be to monitor activities of the corresponding local govt. or any organization using public funds to identify any corruption or leakage or waste of public money at any time of the year and conduct an annual review of external and internal audit reports. If necessary, they can augment their capacity to detect financial irregularities, by engaging voluntary services of a professional individual or organizations. The functions of the Zila and Teshil/Town and Union Accounts Committees, differ from one another for the reason that the Distt. Govt. and Tehsil/Town Municipal Administration shall have two types of accounts while the Union Council shall have only one account.

 

11.3 Functions of Union Accounts Committee.

  1. a) Interact with the Union Nazim to ensure that the abstract of quarterly financial statement showing the receipt of funds in the Union Local Fund Account and expenditures in the development in non-development categories are displayed in the office of Union Administration at conspicuous places for public information.

 

  1. b) Interact with the Union Nazim and Chairperson of Citizen Community Boards if any to ensure that the abstract of the annual budgetary statements showing receipt of funds and expenditures (development and non-development) by each project of the local govt., or a village/neighbourhood council or a Citizen Community Board funded out of Union Local Fund is displayed for public information.

 

  1. c) Objectively review the annual internal or special audit reports in respect of the local fund of the Union Administration and follow up any objection, proposed draft paras or draft paras with the Union Nazim.

 

  1. d) Review the quarterly monitoring reports of the Finance Committee of the respective Council on the use of public funds, ascertain general public perception of cost and benefit of any project of Union Administration, Village or Neighbourhood Council or a Citizen Community Board involving expenditure from Local fund account of the Union and report observations about the loss of public money, extravagance or corruption in such projects to the Director Local Fund Audit through a resolution passed by the Union Council at any time during a year.

 

  1. e) Present an annual report to the Union Council, reporting its achievements in prevention of loss of public money alongwith general recommendations for improvement of financial discipline and frugality.

 

11.4 Functions of Tehsil/Town Accounts Committee.

  1. a) Inter act with Tehsil/Town Nazim to ensure that the abstract of quarterly financial statement showing the receipt of funds in the Tehsil Provincial Account and the Tehsil Local Fund Account and expenditures in the development and non-development categories in each account are displayed in the office of the Tehsil/Town Administration at conspicuous places for public information.

 

  1. b) Interact with the Finance Committee of the Tehsil/Town Council to ensure that the abstract of the quarterly budgetary statements showing receipt of funds and expenditures (development and non-development) by all the four component offices of the Tehsil/Town Municipal Administration; offices of PHED, Housing & Physical Planning LGRD, water & Sanitation, Agency or Development authority, if any and Town Committees or any project of the TMA or a C.C.B funded out of the Tehsil/Town Local Fund Account or Tehsil/Town Provincial Account is displayed for public information.

 

  1. c) Objectively review the annual external, internal or special audit reports in respect of each office of the Tehsil/Town Municipal Administration and the offices under its control including projects funded by the TMA and to follow up any objection, proposed draft paras or draft paras with the Union Nazim.

 

  1. d) Review the quarterly monitoring reports of the Finance Committee of the respective Council on the use of public funds, ascertain general public perception of cost and benefit of any project of Tehsil/Town Municipal administration or a Citizen Community Board involving expenditure from Local Fund or Tehsil/Town Provincial account of the Tehsil/Town Municipal Administration and report observations about the loss of public money, extravagance or corruption in such project to the Director Local Fund Audit or the Provincial Director General Audit, as the case may be, through resolution passed by the Tehsil/Town Council, at any time during a year.

 

  1. e) Present an annual report to the respective Council, reporting its achievements in prevention of loss of public money alongwith general recommendations for improvement of financial discipline and frugality.

 

11.5 Functions of Zila Accounts Committee

  1. a) Interact with the Zila Nazim to ensure that the abstract of quarterly financial statement showing the receipt of funds in the District Provincial Account and the District Govt. Local Fund Account and expenditures in the development are non-development categories in each account are displayed in the office of Zila Council at conspicuous place for public information.

 

  1. b) Interact with the Finance & Planning Committee of the Zila Council to ensure that the abstract of the quarterly budgetary statements showing receipt of funds and expenditures (development and non-development) by each District and Tehsil office of the District Govt. and District Police including a project of the District Govt. or a C.C.B funded out of the District Local Fund or District Province Account displayed for public information.

 

  1. c) Objectively review the external, internal and special audit reports in respect of each group of offices of the District Govt., the District Police Office or any project of the District Govt. or a C.C.B financed out of District Local Fund or District Provincial Account and to follow up any objection, proposed draft paras or draft paras with the Zila Nazim.

 

  1. d) Review the quarterly monitoring reports of the Finance and Planning Committee of the respective Council on the use of public funds, ascertain general public perception of cost and benefit of any project of the District Govt. or a Citizen Community Board involving expenditure from District Govt. Local fund account or the District Provincial Account and report observations about the loss of public money, extravagance or corruption in such projects to the Director Local Fund Audit, or as the case may be, the Provincial Director General Audit through a resolution passed by the Zila Council at any time during a year.

 

  1. e) Present an annual report to the Zila Council, reporting its achievements in prevention of loss of public money alongwith general recommendations for improvement of financial discipline and frugality.

 

11.6 Access to Record .Each accounts committees shall have access to the following records:

  1. a) Financial statements and audit reports in respect of local fund and incase of district and Tehsil/Town Accounts Committees all financial statements and audit reports in respect of district Provincial Account and Tehsil Provincial Accounts, vouchers or bills showing expenditure on purchases or payments made by any office of local govt.

 

  1. b) Record relating to sale, purchase, lease, mortgage acquisition or transfer in any other manner of both movable and immoveable properties of the offices of local govt.

 

  1. c) Record pertaining to approvals, consents, permission, concessions, benefits and privileges of holder of elective offices or other officials, licences, permits, agreements, contracts.

 

11.7 Exclusion of Certain Record.The accounts Committees shall not have access to the following records:

  1. a) Record declared as classified under the policy made by the Govt.

 

  1. b) Record relating to personal privacy of an individual.

 

  1. c) Record of private documents furnished to a public office either on an express or implied condition that information contained in any such document shall not be disclosed to a third person.

 

  1. d) Minutes of meeting and interim orders of the officers of local govt.

 

  1. e) Record of bank accounts of individuals, contractors or officials of local govt. furnished to the offices of local govt.

 

 

12- UNION PUBLIC SAFETY COMMITTEE

A Union Public Safety Committee shall be constituted in each Union.

12.1 Composition and Election

The Union Public safety committee shall be elected from amongst the members of the Union Council in the manner provided in section 3.2.

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