N.-W.F.P. Local Government (Third Amendment) Act 1992

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ACT V OF 1992

NORTH-WEST FRONTIER PROVINCE LOCAL GOVERNMENT (AMENDMENT) ACT, 1992

An Act further to amend the North-West Frontier Province Local Government Ordinance, 1979

[Gazette of N.-W.F.P., Extraordinary, 2nd May, 1992]

No. PA/NWFP/Legis/92/8512, dated 2-5-1992.--The North-West Frontier Province Local Government (Amendment) Bill, 1992, having been passed by the Provincial Assembly of the North-West Frontier Province on the 20th April, 1992 and assented to by the Governor of the North-West Frontier Province on the 28th April, 1992, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.

Preamble.---Whereas it is expedient further to amend the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ordinance IV of 1979), for the purpose hereinafter appearing;

It is hereby enacted as follows:--

1. Short title and commencement.--(1) This Act may be called the North-West Frontier Province Local Government (Amendment) Act, 1992.

(2) It shall come into force at Once.

2. Amendment of section 28 of N.W.F.P. Ordinance, IV of 1979.-- --In the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ordinance IV of 1979), hereinafter referred to as the said Ordinance, in section 28--

(i) in clause (f), the word "and' occurring at the end shall be deleted;

(ii) in clause (h), the full-stop appearing at the end shall be replaced by a semi-colon and thereafter the word "and" shall be inserted; and

(iii) after clause (h), as so amended, the following new clause shall be added, namely:

"(i) if he has been removed from the office of a Local Council under clause (c) of section 34, or debarred from holding office of any Local Council under section 158 (5), unless a period of five years has elapsed from the date of orders passed under the respective provisions."

3. Amendment of section 31 of N.W.F.P. Ordinance, IV of 1979.- -In the said Ordinance, in section 31 in subsection (1):--

(i) in the first proviso for the words `six months' the words `one year' should be substituted;

(ii) the full-stop appearing at the end of the second proviso shall be replaced by a colon and thereafter the following new proviso shall be added, namely.

"Provided also that where the Local Councils have been dissolved under the second proviso, Government shall:--

(a) hold elections to reconstitute the Local Councils within a period not exceeding eighteen months from the date of dissolution of the Local Councils, and

(b) appoint persons, during the period the Local Councils remain dissolved, to perform such functions of the Local Councils as may be specified."

4. Amendment of section 34 of N.W.F.P. Ordinance, IV of 1979:-In the said Ordinance, in section 34, for subsection (2) the following shall be substituted, namely:

"(2) A Chairman or Vice-Chairman or Member removed under subsection (1) may, within 30 days of the order of removal, file an appeal to the Tribunal comprised of the Senior Member, Board of Revenue, North-West Frontier Province. The Tribunal shall, for the purpose of hearing an appeal, have the powers of a Court under the Code of Civil Procedure, 1908 (V of 1908)."

5. Amendment of section 37 of N.-W.F.P. Ordinance, IV of 1979.--In the said Ordinance, in section 37, in subsection (1) between the figure and comma "34," and the word "he" the following shall be inserted, namely:

"other than his removal under clause (c) thereof,".

6. Amendment of section 132 of N.W.F.P. Ordinance, IV of 1979.- -In the said Ordinance, in section 132, for subsection (1), the following shall be substituted, namely:

"132. ++Surcharge++.--(1) Every member of a Local Council, every official or servant of a Local Council arid every person charged with the administration of the affairs of a Local Council shall be liable for the loss, waste, misappropriation or misapplication of any money or property belonging to a Local Council which is a direct consequence of his negligence or misconduct, and shall be liable to pay such surcharge as may be determined by a Committee to be constituted by Government and such amount shall be recoverable as a public demand or as arrears of land revenue."

7. Amendment of section 158 of N.W.F.P. Ordinance, IV of 1979: -In the said Ordinance, in section 158,--

(i) for subsection (1), the following shall be substituted namely:

"(1) Government may, whether suo motu or on the application made to it by any person, cause an inquiry to be made by such person as may be authorised by it in this behalf, into the affairs of a Local Council generally or into any particular matter concerning a Local Council, at any time and take such remedial measures as may be warranted by the findings of such inquiry."

(ii) after subsection (4), the following new subsection (5) shall be added, namely:

"(5) Government may, after giving him an opportunity of being heard, by an order in writing, debar a person, who is or was a Chairman, Vice- Chairman or a Member of a Local Council from holding office to any Local Council for a period of five years from the date of such order, if he is found guilty of corruption, misconduct or abuse of powers as a result of inquiry under this section, besides any other action as required under any law for the time being in force."

8. Repeal.--The North-West Frontier Province Local Government (Amendment) Ordinance, 1992 (N.-W.F.P. Ordinance, No.1 of 1992) is hereby repealed.

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