Capital Territory Union Councils (Removal Of Members) Rules 1982

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CAPITAL TERRITORY UNION COUNCILS (REMOVAL OF MEMBERS) RULES 1982

[Gazette of Pakistan, Extraordinary, Part II, 9th October, 19821

S. R. O. 999 (1)/82.-Tn exercise of the powers conferred on him under section 102 read with sections 22 and 28 of the Capital Territory Local Govern ment Ordinance, 1979 (XXXIX of 1979), hereinafter to as "the Ordinance" thereof), notified vide No. S. R. O. 1181 (1)/81, dated 28th October 1981, the Administrator, 1. C. T. is pleased to make and promulgate the follow ing rules :-

1. Short title and commencement.- (1) These rules may be called the Capital Territory Union Councils (Removal of Members) Rules, 1982.

(2) They shall come into force at once.

2. Definition.- Unless anything different appears in the context (a) a member includes Chairman or Vice-Chairman of a Union Council also.

(a) "Election Authority" would mean the "Deputy Commissioner I. C. T." or an Officer authorised under section 28 of the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979).

3. Removal on account of failure to take oath of office by a member.-- (a) If a person elected as a member fails to take the oath of office at any of the three consecutive meetings of the Union Council held after, the notification of his name as a member for which a written notice is issued he shall render, himself liable to removal, or

(b) is disqualified in terms of section 28 of the Ordinance.

4. Notice of disability.- (1) If the Election Authority is of the opinion that any member has rendered himself liable to removal from membership, in terms of section 28 of the Ordinance, the Election Authority shall, by notice/ in writing, call upon such member to show cause within fourteen days of the receipt of the notice, why he should not be removed, and

(2) On receipt of the notice under Sub-Rule (1) such member may, within the specified period offer such explanation as be may deem necessary but not later than fourteen days from the date of receipt of notice to that effect under Sub-Rule (1).

5. Proceeding for removal.- (1) if the explanation offered under Sub -Rule (2) of Rule 5 is, in the opinion of the Election Authority not satisfactory the Election Authority shall fix a date for hearing of the case and then proceed to decide the case in its discretion.

(2) The Election Authority may take into consideration any representation submitted to him by the Member.

(3) The Election Authority may take such legal advice as it may deem necessary and may allow any member to be represented by a legal practitioner before it.

(4) The Election Authority shall then proceed to pass a final order, regarding the fact in issue in terms of section 28 of the Ordinance; and

(5) If the Election Authority comes to a conclusion that a member has made himself liable to removal under sub-rule (4) the authority shall specify the period for which the member shall not eligible for appointment to or election of a local body or any Union Council.

6. The powers of the Election Authority.- The Election Authority shall have the same powers as are vested by the Code of Civil Procedure, 1908 in a Court in the proceedings before it as a civil suit, and in particular, powers in respect of-

(a) discovery of documents and inspection;

(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;

(c) compelling the production of documents;

(d) examining witnesses ,on oath;

(e) granting adjournments;

(f) receiving evidence taken on affidavit; and

(g) issuing commissions for the examination south of any person whose evidence appears to be material.

7. Notification.- (1) All orders resulting in the removal of a member shall be notified by the Election Authority for publication in the official Gazette.

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