Another Blog Post: Concerned Efforts in Restoration of Local Govt Act , 2019 and Approval of Restoration of Section 30 (2) b
The restoration of local government elections in Khyber Pakhtunkhwa has been a significant development in the region's political landscape. The Rural Development Department Act of 2019 and the subsequent amendments to the Rules of Business have been at the forefront of this change, addressing a major demand from locally elected officials during their 2021-2025 constitutional tenure.
A crucial aspect of this restoration was the reinstatement of Section 32 (2) b in the Local Government Act of 2013, which had previously been deleted. This move prompted elected representatives to approach Governor Haji Ghulam Ali, seeking an ordinance to expedite the process. The Election Commission of Pakistan gave tacit approval, with the understanding that this arrangement would remain in place until the new provincial regime takes office following the General Election of 2024.
The Pakistan Tehreek-e-Insaf (PTI) government, in its third consecutive term, engaged with locally elected representatives to address their concerns. On August 30, 2024, they passed a bill amending the Act as part of their legislative business. This action demonstrated the government's commitment to strengthening local governance structures.
Local Government Minister Arshad Ayub, representing the PTI-led government, took proactive steps to involve elected representatives in the decision-making process. He organized two meetings, on June 27 and August 30, 2024, to discuss and refine the Rules of Business. These collaborative efforts aimed to create a more effective and responsive local government system.
In early December 2024, the government announced the nomination of five zone-wise representatives for the Provincial Finance Commission. However, this process was subsequently postponed. Concurrently, a new Secretary of Local Government assumed office, signaling potential changes in the administrative structure.
One of the major challenge is the Release of Funds to Tehsil/City /Metropolitan local government. During this tenure , it was committed that development funds will be provided to the local Councils where in a suitable committee will define the jurisdiction of spending different development development funds in the Tehsil i.e Federal, Provincial and Local funds to avoid duplication. The current list of financial related demands included but not limited to are such as I) The Tehsil Local Govt and VC/NC of Merged District (MD) are deprived of offices, human and logistic resources 2) The Elected representatives are deprived of rightful legal honoraria and enhanced allowances , 3) The enhanced rent of VC/NCs and rented building issues of offices 4) The Moveable and Immovable properties Tehsil and City Local Govt in occupation or possession of other Depts 5) Status upgrade of Chairman / Mayor as appointee as Chairman Tehsil / City Development committee 6) Financial burden of Establishment of 11 Develoved Development and making them subservient to locally Elected Representatives at Tehsil set up. 8) Transfer of pending property / UIP Taxes in emergent Finance Bill, 2024 9) Equal Distribution and Transfer of Octoroie share amongst Tehsil Local Councils and VC/NC in emergent Finance Bill, 2024. 10) Mechanism for execution of development projects UpTo Rs 2.5 M as per the tested model of Community Driven Local Development.However due to non compliance of 20% ADP and incomplete forum of Provincial Finance Commission such as representation of Technocrats in FY 24-25 and Released Funding to 51 out of 121 Tehsil Set up as an emergent challenge itself. Moreover, Local Govt through a proposed committee having representation of Finance & P&D Dept and Local Council Chairmen will chalk out the policy guidelines regarding fair jurisdiction of spending for Community Driven Local Development.
These developments highlight the ongoing efforts to strengthen local governance in Khyber Pakhtunkhwa through equal Distribution . The restoration of local government elections and the subsequent legislative and administrative changes reflect a commitment to decentralization as envisioned under Art 135, Art 1370and Art 1400A of the Construction of Pakistan and empowering local representatives for playing it's due role in Digital Governance , Digital Society, Digital Economy . As the region moved towards the General Election of 2024, due to Supreme Court intervention Writing on Stone , the impact of these reforms on local governance and community development will be closely watched as new local government set up takes office in 2025-2026.