Draft Local Govt (Monitoring) Rules, 2007 GOVERNMENT OF THE PUNJAB LOCAL GOVERNMENT & RURAL DEVELOPMENT DEPARTMENT

Dated Lahore, the 31st May, 2007. NOTIFICATION

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No. SO.R(LG)38-4/2005. The following draft of the rules called The Monitoring Rules, 2007 which the Government of the Punjab proposes to make in pursuance of the provisions of section 191*1 (of the Punjab Local Government Ordinance, 2001 is hereby published as required under Section 191(3) of the said Ordinance for information of the persons likely to be affected thereby and notice is hereby given that the said draft, together with any objections and suggestions with respect thereto, which may be received by the Secretary to the Government of the Punjab, Local Government & Community Development Department within fortnight of the publication of this notification in the official gazette, shall be taken into consideration on ________ at ________ in his office. 1. Short title, extent and commencement:-

(1) These rules may be called the Punjab Local Government (Monitoring) Rules, 2007. (2) (3) 2. These rules shall extend to whole of the Province of the Punjab. These rules shall come into force with immediate effect.

Definitions.(1) In these rules, unless there is something repugnant in the subject or context.(a) Chairman means the Chairman of the Monitoring Committee elected under these rules, who shall also be a member of the Monitoring Committee; Form means a form appended to these Rules; Monitoring means the systematic collection and analysis of Information, in order to determine whether various functions assigned to the Local Government Offices are being performed as planned, and achieving the desired results or not; Committee means the Monitoring Committee elected and notified under these Rules by the respective Local Government; Ordinance means the Punjab Local Government Ordinance, 2001; TMC means the Tehsil/Town Monitoring Committee; UMC means the Union Monitoring Committee;

{b) (c)

(d) (e) (f) (g) (2)

(h) ZMC means the Zila Monitoring Committee; Words and expressions used herein but not defined in these rules shall have

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Compendium of Rules framed under PLGO, 2001

same meanings as are assigned to them in the Ordinance. 3. Constitution and Composition of Monitoring Committees.-

(1) There shall be constituted different Committees in each local council, consisting of not less than three and not more than seven members including its Chairman, for monitoring. The exact number of members for each Committee shall be determined by the concerned local council. (2) The following Committees for different tiers of Local Government shall be constituted:(a) Union Level Committees: (i) (ii) (iii) (iv) (v) (vi) Municipal Services; Finance; Public Safety; Health; Education; Literacy;

(vii) Works and Services; and (viii) Taxation. (b) Tehsil/Town Level Committees: (i) (ii) (iii) (iv) (v) (c) Municipal Regulations; Infrastructure and Services; Planning & Coordination; Finance; and Taxation.

Zila Level Committees (for each Group of Offices) (i) (ii) (iii) (iv) (v) (vi) District Coordination; Agricultural; Community Development; Education Finance & Planning Health;

Draft Local Govt (Monitoring) Rules, 2007 (vii) Information Technology; (viii) Law; (ix) (x) (xi) Literacy; Revenue; and Works & Service

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(3) The Council concerned shall elect the members of the Committee from the members of its Council. (4) One third of the members of the Committee shall consist of members from reserved seats for women, peasants, workers and minorities; (5) The term of the Committee shall be equal to the remaining tenure of the respective Local Government. (6) The Chairman and members of the Committee shall be elected in the manner as prescribed by these rules; (7) The Naib Union Nazim shall head the Committee of the Union Council for the Municipal Services. 4. Election of the Committees.-

(1) The concerned Naib Nazim will act presiding officer for the election of the Committees in Tehsil/Town and Zila Councils, whereas, the concerned Union Nazim will conduct the election of Committees in Union Councils. The concerned presiding officer shall notify the results in the manner as may be prescribed by the local council concerned. (2) Election of the Committees shall be conducted within three months from the date of first session of the concerned local council. (3) Election of different monitoring committees shall be held separately (one committee at a time). (4) Each member of the council shall cast a vote, in favour of any one of contesting candidates of the committees, through a secret ballot. (5) The member securing the highest number of votes shall be the Chairman of the Committee. (6) In case of tie of votes for the seat of Chairman or other members of the committee, the successful candidate shall be determined through draw of lot, there and then. (7) The Monitoring Committees shall obtain vote of confidence from the Council Members, on completion of the first year. (8) (9) A member of the Council, may contest for more than one Committee. A member of the Council may head different Committees, if voted for that

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by the respective Council.

Compendium of Rules framed under PLGO, 2001

(10) In case of designation of the earlier Committee by the Council, or filling up of the vacant seats for an existing Committee, the concerned council shall follow the same procedure, prescribed for election of the first committee. 5. Function and Responsibilities of the Committee

(1) The Committees of Zila Council shall be responsible for monitoring the functioning of the offices of the District Government and preparing quarterly evaluation reports on the prescribed format. (2) The Committees of Tehsil Council and Town Council shall be responsible for monitoring the functioning of the offices of the Tehsil Municipal Administration or Town Municipal Administration and preparing quarterly evaluation reports on the prescribed format. (3) The Committees of the Union Council shall be responsible for monitoring the functioning of all offices of the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration for delivery of services within its area and preparing quarterly evaluation reports on the prescribed format. (4) The reports referred to in sub-rule (1) to (3) shall, in particular, contain evaluation of the performance of each office in relation to(a) (b) (c) (d) achievement of its targets; responsiveness to citizens difficulties; efficiency in the delivery of services; and transparent functioning

(5) The Committee shall submit their quarterly reports to the respective Councils which may through a resolution require the respective Nazim to take necessary action. (6) The Committees shall function without intruding and interfering in the day to day working of the officers of the local governments and shall not cause any harassment to the functionaries thereof, nor shall assume command and control of such offices. (7) The concerned Committee may recommend to the competent authority the payment of bonuses or performance pay to the functionaries of the local governments in recognition of their efficient performance, subject to availability of funds for this purpose. (8) The Committee may identify inefficiency or corruption of functionaries of local governments and report to the concerned Nazim for appropriate action and remedial measures and the Nazim shall inform the concerned Council within thirty days of the action taken by him.

Draft Local Govt (Monitoring) Rules, 2007 6. Abuse of Authority by the Committee or its members.-

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(1) Notwithstanding any punishment provided in any law for the time being in force, any member of the Committee violating the provisions of sub-section (5) and subsection (6) of section 139 of the Ordinance or any provision of these Rules, shall be removed from the Committee by the respective Council. (2) Any functionary being aggrieved of any misbehaviour, undue interference, harassment or misconduct by a member or members of a Committee may report to the Code of Conduct Committee of the concerned Council and may invoke disqualification proceedings against such member or members. 7. Monitoring Mechanism.(1) The Committee shall follow the following mechanism for monitoring:(a) (b) (c) Monitoring by obtaining feedback from the public, regarding service delivery and performance of various offices; Monitoring Service delivery through visits to facilitate for collecting primary information, which is essential for an effective monitoring; Monitoring the functioning of Offices at their respective levels, to assess their performance. For this purpose, the Committee shall undertake the analysis of the following information which to be provided by the concerned Offices: (i) (ii) (iii) Available Resources; Human & Financial; Plans, Targets, Schedules, Cost estimates, Activities, Inputs, Cost of services and Overheads;

(iv) Cost effectiveness measures; (v) Progress updates; and (vi) Responsiveness to people. (d) (e) (f) Monitoring by review of official reports/information, of the various offices regarding their plans, targets, activities, and progress; Monitoring by Information Gathering; Monitoring by evaluating the transparency in governance, noninstrusiveness, and availability of information to the people, to promote effective functioning and efficiency;

8.

Monitoring Process of the Committees.-

(1) Union Level Committees shall monitor the service delivery facilities at the Union Level in the following manner.-

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(a)

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Information Collection and Analysis(i) (ii) (b) UMCs shall collect information from various sources i.e. general public and office during their visits. The information thus collected shall be analysed by the UMCs. The critical problems and issues shall be identified. UMCs shall inform the respective Nazim or Union Secretaries 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 the spot. 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. The unsolved issues related to the Union Council shall be communicated in writing to the Tehsil Nazim or Zila Nazim as the case may be to whom the problem relates. The issues referred by the UMC shall be resolved by the Tehsil Zila Nazim and in case of any difficulty, the matter shall be referred to the ZMC/TMC by the Zila/Tehsil/Town as the case may be. The UMCs will prepare their quarterly monitoring reports on farm A based on their activities during the period and the issues/problems identified by them. Such reports will also include the achievements made during the under report period and the efforts made by them to resolve the issues/problems. The unresolved issues, requiring the Council attention, would also be the part of the report. The Union Council will deliberate on the reports of the UMCs and pass resolutions to solve the unsolved issues/problems. The Union Nazim will put forth these resolutions to the Zila Council or the Tehsil/Town Council, as the case may be. The Union Nazim will report back within thirty days to the Union Council about the actions taken by him to resolve the issues/problems raised by the Council through resolutions.

Processing of Information and Action.(i)

(ii)

(iii)

(c)

Reports and ensuring section.(i)

(ii)

(iii)

(2) The Tehsil/Town Committees shall monitor the Municipal Service delivery at the Tehsil/Town level in the following manner:(a) The information Collection and Analysis.-

Draft Local Govt (Monitoring) Rules, 2007 (i)

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TMCs shall collect information from various sources i.e. UMCs reports, Community and offices during their visits regarding the performance of Municipal Services provided by the Tehsil/Town Municipal Administration. The information thus collected shall be analyzed by the Committees. The critical problems/issues will be identified on the basis of collected information. TMCs will inform the Tehsil/Town Municipal Officer concerned in writing about the problems identified by the TMCs themselves or brought to their notice regarding service delivery. TMCs would also raise the issues/problems identified by the UMCs, which were brought to their notice. TMCs will seek information from the concerned TMO on these concerns. As a result of sharing information, some issues may be resolved at the TMO level. TMCs will inform the respective Tehsil/Town Nazim in writing about the issues, which could not be resolved at the TMO level. Tehsil/Town Nazim will convey his decisions to the TMO for further action. The Unresolved issues relating to the District Government or City District Government, as the .case may be, will be communicated to the DCO by the Tehsil/Town Nazim. ZMCs will follow up the issues/problems, conveyed by Town Monitoring Committees, at the Zila level; The TMCs will prepare their quarterly and annual reports based on their activities during the period including the issues/problems identified by them or brought to their notice, through the UMCs. It will also include the achievements and the efforts made by them to resolve such issues/problems. .The unresolved issues requiring the Councils attention will be identified in the report. The Tehsil/Town Council will deliberate upon the reports of the TMCs and pass resolutions to solve the unresolved issues/problems. The Tehsil/Town Nazim will report back upon within thirty days, to the Tehsil/Town Council on the action taken by him to resolve the issues/problems.

(ii)

(b)

Processing of information gathered and further action(i)

(ii)

(iii)

(iv)

(v) (c)

Reports and Actions.(i)

(ii)

(iii)

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(iv)

Compendium of Rules framed under PLGO, 2001

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.

(3) The Zila Committees shall monitor the performance of the District Government Officers at the Zila Level in the following manner:(a) Information Collection and Analysis (i) ZMC shall collect information from various sources i.e. Union/Tehsil/Town Committees reports, community and offices during their visits regarding the performance of the District Government. The information thus collected will be analyzed by the Committees and the critical problems and issues will be identified. ZMCs will inform the respective EDOs in writing about the problems identified by them or brought to their notice, Zila MCs would also raise the issues identified by the Tehsil/Town/Union MCs which were brought to their notice. ZMCs will seek information from respective EDOs on these concerns and as far as possible attempt should be made to resolve the issues/problems at that level. ZMCs will inform the respective Nazim, in writing about the issues, which could not be resolved at the EDOs level. As far as possible, 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 on form E. The unresolved issues relating to the Provincial Government shall be communicated to Provincial Government by the Zila Nazim on form.

(ii)

(b)

Processing of information and actions.(i) (ii) (iii)

(iv)

(v)

(c)

Reports as Actions.The ZMCs will prepare their quarterly Reports on issues/problems identified by them or brought to their notice, through the UMCs. It will also include efforts made by them to resolve issues/problems along with the detail of unresolved issues.

9.

Follow-up Mechanism of the Committees.(1) The issues/problems which cannot be resolved in the initial attempt shall be

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discussed with the Nazim concerned who may also associate concerned officials and Naib Nazim in these discussions. Unresolved problems will be placed before the Council for information and appropriate action. (2) The respective Council shall deliberate on the reports submitted by MCs and send the recommendations in shape of resolution to the respective Nazim for action. (3) The Nazim shall within 30 days, report back to the respective Council on form D about the progress made by him on the issues raised by the Council through resolutions. (4) The respective Local Council will prepare Quarterly Reports about the Resolutions passed on the issues identified by the Committees of the respective Council highlighting achievements and further required action. (5) Quarterly Reports of all councils will be submitted to the Zila Council for compilation. The problems highlighted in the Monitoring Reports may be displayed by all Councils at the prominent places of the concerned Council Offices for Public information. ----------

FORM A QUARTERLY PROGRESS REPORT OF MONITORING COMMITTEE

Name of the Local Government ..........................................................................................

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Compendium of Rules framed under PLGO, 2001

Name of the Monitoring Committee ................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service .................................................................................... Performance targets for the quarter/ year Progress/ achievement of Target Identification of issues/ problems by MCs Efforts of MC for Settlement of issues/problems Recommendatio ns of MC

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FORM B PLAN OF ACTIVITIES OF OFFICE

Name of the Local Government .......................................................................................... Name of the Monitoring Committee ................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service .................................................................................... Name of Activity Performance Target of Plan Progress/Achievement of Target Un-resolved Issues

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FORM C ACTION TAKEN ON RECOMMENDATIONS OF MONITORING COMMITTEE

Name of the Local Government .......................................................................................... Report for the Quarter .........................................................................................................

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Name of Office/Sub-Office/Service .................................................................................... Name of Monitoring Committee Identified Issues/ Problems Recommendations of MC & Resolution No. Action taken by concerned functionaries of Local Govt. Decision taken by the Nazim

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FORM D PROGRESS ACHIEVED BY THE NAZIM ON RESOLUTION OF COUNCIL

Name of the Local Government .......................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service .................................................................................... Name of Monitoring Committee Identified Issues/ Problems Recommendations of MC & Resolution No. Recommendatio ns of respective Council & Resolution No. Action taken by the Nazim

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FORM E ACTION TAKEN BY THE ZILA/TEHSIL NAZIM ON UN-RESOLVED ISSUES/PROBLEMS

Name of the Local Government .......................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service ....................................................................................

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Problem/ issue identified by Nature of problem/ issue

Compendium of Rules framed under PLGO, 2001

Action taken by TMO/DCO Decision taken by Tehsil/Zila Nazim Results

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FORM F UNRESOLVED ISSUES COMMUNICATED TO DCOs BY TMAs

Name of the Local Government .......................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service .................................................................................... Problem/Issue identified by ____________ Nature of problem/issue Recommendations of Tehsil Council for Zila Monitoring Committees Action taken by the District Govt. and Zila Monitoring Committee

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FORM G UN-RESOLVED ISSUED COMMUNICATED TO THE PROVINCIAL GOVERNMENT

Name of the Local Government .......................................................................................... Report for the Quarter ......................................................................................................... Name of Office/Sub-Office/Service .................................................................................... Problem/Issue Nature of Recommendations of Decision of

Draft Local Govt (Monitoring) Rules, 2007 identified by ____________ problem/issue Tehsil Council for Provincial Government

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Provincial Government

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