BALOCHISTAN LOCAL GOVERNMENT (AMENDMENT) ORDINANCE, 1999
ORDINANCE I OF 1999
An Ordinance further to amend Balochistan Local Government Ordinance, 1980
No. LEGIS.2-30/LAW/75-IX, dated 14-1-1999.–The following Ordinance made by the Governor of Balochistan on 12th January, 1999, is hereby published for general information:–
Preamble.??Whereas, it is expedient further to amend the Balochistan Local Government Ordinance, 1980, in the manner hereinafter appearing;
And whereas, the Governor is satisfied that circumstances exist which render it necessary to take immediate action;
Now, therefore, in exercise of powers conferred by Article 128 of the Constitution of Islamic Republic of Pakistan, 1973 the Governor of Balochistan is pleased to make and promulgate the following Ordinance:??
1. Short title and commencement
(1) This Ordinance may be called the Balochistan Local Government (Amendment) Ordinance, 1999.
(2) It shall come into force at once
2. Amendment of section 3 of Ordinance II of 1980
In the Balochistan Local Government Ordinance, 1980, hereinafter referred to as the said Ordinance, after clause (b) of subsection (72) of section 3, the following proviso shall be added:
“Provided that worker should be employed or should be self?employed Craftsman or worker earning wages within the limits of the Local Council to which seat he has to contest election.”.
3. Amendment of section 17 of Ordinance II of 1980
In the said Ordinance, after subsection (2) of section 17, the following new subsection shall be added, namely:??
“(3) Every nomination shall be made by a separate nomination paper in the prescribed form on solemn affirmation made and signed by the candidate, accompany??
(i) a declaration that he has consented to the nomination and that he fulfils the qualification and is not subject to any of the disqualification being elected as a member;
(ii) a declaration that no loan, obtained from Government any bank, financial institution, cooperative society or corporate body in his own name or in the name of his spouse or dependent children or dependent parents or any business concern mainly owned by the aforesaid, remains unpaid on due date and he has not defaulted the payment of loan;
(iii) a declaration that he, his spouse or dependent children or dependent parents or a business concern mainly owned by the aforesaid have not made any default in payment of taxes or Government dues and utility expenses including telephone, electricity, gas and water charges etc;
(iv) a statement specifying his educational qualifications, occupation, National Identity Card Number and date of birth/age;
(v) a statement of assets and liabilities of his own, spouse and dependents on the prescribed form as on the preceding thirtieth day of June;
(vi) an assurance that he shall abide by the Code of Conduct issued by the Election Authority;
Explanation.??For the purpose of this section the expression??
(a) “loan” shall mean the loan, advance credit or finance obtained;
(b) “mainly owned” shall mean holding of controlling or majority interest in a business concern;
(c) “taxes” includes all taxes levied by Federal, Provincial or Local authorities;
(d) “Government dues” includes rent charges of rest houses or lodges owned by the Federal Government, Provincial Government, Local Authorities or Corporations established or controlled by such Governments.”
4. Insertion of section 18?A in Ordinance II of 1980
In the said Ordinance after section 18, the following new sections shall be added, namely:??
“18?A.??Assistance to Election Authority.??It shall be the duty of all the executive authorities in the Federation, in the Province and all Local Authorities under the administrative control of Federation and Province to assist the Election Authority in the performance of its functions as may be required of them by the Election Authority or its member or Officer authorised by the Election Authority.
18?B.??Suspension of Officer.??(1) The Election Authority may at ?arty time, for reasons to be recorded in writing, suspend any officer performing the function of the Returning Officers, Assistant Returning Officers, Presiding Officer, Assistant Presiding Officer, Polling Officer, Delimitation Officer, Assistant Delimitation Officer or any other public functionary assisting. Such Officer or any member of the Police force or other law enforcing agency, who obstruct or pretence or attempts to obstruct or prevent the conduct of, fair and impartial polls or influence or attempts to interfere viz. an elector when he records his vote or influence in any manner the polling staff or an elector or does any other act calculated to influence the result of an elector arid made such arrangements as it may consider necessary for the performance of the functions of the officer so suspended.
(2) Where the Election Authority proceeds against any person under subsection (1), it shall refer the matter to the appropriate authority for taking disciplinary action against such person.
18?C.??Contempt of Election Authority.??Any proceedings before the Election Authority including its Chairman or members independently shall be deemed to be a judicial proceedings within the meaning of section 228 of the Pakistan Penal Code, 1860, and the Election Authority shall be deemed to be a Court within the meaning of sections 476 and 480 of the Criminal Procedure Code, 1898.
5. Substitution of section 20 of Ordinance II of 1980
In the said Ordinance, for section 20, the following shall be substituted:??
“20. Qualification of candidates and members.??A person shall be qualified to be a candidate and a member of the Local Council if??
(a) he is a citizen of Pakistan
(b) he is not less than twenty?one years of age and is enrolled as a voter in any electoral roll of any local area within the limits of Local Council in which the seat falls;
(c) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(d) he has not been convicted for a crime involving moral turpitude or for giving false evidence, and
(e) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan:
Provided that the disqualifications specified in clause (c) shall not apply to a person who is a non?Muslim, but such a person shall have good moral reputation.
6. Substitution of section 21 of Ordinance II of 1980
In the said Ordinance, for section 21, the following shall by substituted:??
“21.??Disqualification of candidates and members.??(1) A person shall be disqualified from being elected as, and from being, a member of a Local Council, if?? .
(a) he ceases to be a citizen of Pakistan or acquires the citizenship of foreign State, or
(b) he is an undischarged insolvent, or
(c) he is of unsound mind MW has been so declared by a competent Court, or ,
(d) he is a whole time salaried official of the Federal Government or a Provincial Government or of a public or statutory Corporation, a Local Council or other local Authority;
(e) has been on conviction for an offence involving moral turpitude sentenced to imprisonment for a term of not less than six months.
Explanation.??Moral turpitude means anything that injures the moral fibre of a person and lowers him down in moral values.
(f) he has been dismissed from the service of Federal Government or a Provincial Government or of public or statutory corporation on the ground of misconduct, unless a period of two years has not elapsed since his dismissal, or
(g) he has in the service of Federal Government or Provincial Government or of any statutory body or anybody which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of one year has not elapsed since he ceased to be in such service, or
(h) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of two years has elapsed from the date on which that order takes effect, or
(i) he has been removed or compulsory retired from the service of Federal Government, Provincial Government or of a public or statutory corporation, on the ground of misconduct unless a period of two years has not elapsed since his removal or compulsory retirement; or
(j) he is a retired servant of the Federal Government or the Provincial Government or of a public or statutory corporation, a Local Council or other local Authority unless one year has elapsed from the date of such retirement; or
(k) he is under contract for work to be done or goods to be supplied to the Local Council concerned or has otherwise any pecuniary interest in its affairs; or
(l) he is disqualified from the membership of any elective body under any law for the time being in force; and
(m) he has been or is engaged directly or indirectly in subversive or anti?State activities or propagating any opinion or acting in any manner prejudicial to the Ideology of Pakistan or the sovereignty, integrity or security of Pakistan.
Explanation.??Anti?State activities shall include instigation to students, labour or any other section of people with a view to promote lawlessness or disorder.
(2) No order passed under subsection (1) shall be called in question in any Court.
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