Recommendations For Effective

Working of Union Council

1.            Land Revenue Department and Union Council: Thorough analysis of the existing laws relating to the obligations of the officials of Land Revenue Department to the Union Council in the Local Government System.

2.            Maintaining of all the Records, which are relating to the rights of the land owners in the Union Council for the sake of transparency and avoiding of any wrong entry in the record in the absence of the owners or their elected representatives: At present, most of the entries are made by the revenue officials in the absence of owners and which create innumerable problems and the owners  are compelled to seek the remedy in the Courts of law because presumption of truth is attached to the Revenue Papers until contrary proved after adopting the procedures of the law.

3.            Maintaining the record of copying fees, which the Patwari receives from the applicants for the reception of the copies of various land revenue documents: At present, there is no such concept that the Patwari's attendance record or the record of copying fees be kept in the Union Council. Same is the case of Mutations fees and other financial matters.

4.            Nazim should be compelled to ensure the implementation of laws through the Secretary Union Council and on the failure of the Secretary, he should be proceeded under the Efficiency and Discipline Rules, 1973.

5.            Sufficient advertisement of these laws on all Medias is necessary for the information of the people, especially the Electronic Media.

6.            Union Council and other Departments: If the Nazim writes a letter about any matter to any officer, he should be rendered bound to reply within one month and inform the Nazim about the legal position of the matter that whether the matter will be resolved by that Officer or will be resolved in the Court of Law. If the matter is to be resolved by that Officer, he should resolve it within one month and if the matter is complicated and intricate, then after every one month, the officer should give an interim report about the progress of the case. At last, the matter should be resolved within six months from the date of the institution of the matter in his office for the resolution. Time-limit is most important in such dealing because at present a greater latitude has unnecessarily been  given to the officers / officials which causes much unrest and discontentment in the persons who happen to deal with the Government Departments.

7.            Union Council and a Citizen: If the resident of a Village writes a letter to the Nazim and the matter is one not to be referred to the Musalihati Jirga (Conciliatory Committee), then the same procedure be adopted which has been described for the Nazim and an Officer of a Department.

8.            Union Council and defiant Officials: For the effective implementation of the Laws, the Union Council should have power to call any defiant and inefficient official of any Department within the jurisdiction of that Union Council and finding him guilty in the summary trial, his case should be referred to his Competent Authority of the Department for proper proceedings under the E&D Rules with the direction for the report to the Union Council about the findings, report and action taken.

9.            Union Council and Income Tax and Assets returns: Every resident who is capable of paying Tax and deposit an income Tax return with the Income Tax department should also deposit a copy of that return in the Union Council in which he earns money. Similarly, a resident should also deposit a copy of return of his total movable and immovable assets in the whole Country in that  Union Council where he permanently resides or carrying business along with residence so that the Nazim be able to communicate the information to the concerned Departments when required. The Nazim should also make a catalogue of persons and their assets in such a way as he makes birth entry or death entry in the record of the Union Council of a person. Central Board of Revenue should appoint its staff at the Union Council for this purpose.

10.         Every person should have a right to get a copy of the return of assets or income of a person subject to copy fees and thus get the knowledge about the validity of the return. If the Nazim or a person finds out that the return is false or the assets have been concealed, he should inform the Nazim with proof so that the Nazim refer the case to the Competent Authority for the investigation and action. (The measure is for the broadening the Tax base of the Taxpayers in the Country and free access to information regarding payment of Tax by a person). At present, there is no such concept and no one knows about the Taxpayers or the amount they pays to the National Exchequer.

11.         Qualification for Nazim, Members and Secretary: For the effective implementation of the laws, it is necessary that the Educational standard of both the Nazim and Members be at least F. A and Matriculate respectively while the Union Secretary should not be a simple clerk of scale 5 or 10. He should be at least B.A and should have passed examination for the post having in the curriculum of the subjects all the laws of the Local Governments system. Persons with degrees of laws should be preferred in the appointment of a Union Secretary. His scale of pay should be 17 scale just like the Headmaster of a High School and should be appointed through the Provincial Public Service Commission. Union Council is a place of governance and good governance is possible only when the Secretary Union Council is not less in status and stature from the rest of the officials serving in the jurisdiction of the Union Council. At the same time, he should be burdened with much responsibilities and liabilities for the transparent and effective governance. Any complaint against him should be scrupulously investigated and if found guilty, he should be punished strictly according to law so that to be a lesson for others.

12.         Certificate about Implementation of Laws by the District Coordination Officer: The DCO of a District should give a Certificate to the Chief Secretary of the Provincial Government and copies to the Cabinet Secretary of the Federal Government and to the Chairman National Reconstruction Bureau, Islamabad about the status of the implementation of laws in the Union Councils of his District annually and if it was found that the DCO has given this Certificate falsely and without knowing the reality on the ground, he should be proceeded under the relevant Sections of Pakistan Penal Code, 1860, relating to Perjury and giving of false Certificate and under the Efficiency and Discipline Rules of the Department. Para 3.17 subs. vide Correction Slip No. 3/87, Land Records Manual, dated 12-05-1987 has enjoined that the attendance Registers of Patwaris at the Union Council should be inspected by AC, DC, Commissioner and Director Land Records. But here the situation is that there is no Patwari in the Union Council nor his registers nor any visiting authorities to ensure the implementation of Laws.

13.         Main Cause of non-implementation: The main cause of non-implementation is joining of hands by the elected people and the Revenue Officials. When the work of the elected person is done in their Hujras (Private place) why they should bother to compel the Patwari to attend the Union Council and perform his duty according to law. But in the majority of the cases, the Nazim or the Members are unaware of the laws which cause much inconvenience to those people who have voted them to work.

14.         Separation of MNAs and MPAs from Construction / Developmental works: The job of the MNAs and MPAs should be only legislation and not construction of roads and buildings. The construction of roads should be the job only of National Highway Authority at Federal level and of smaller roads that of Provincial government through Local Governments. Building of schools, hospitals and other Government Offices at a village level should be handed over to the Union Councils which will also be responsible for its repairs once in a year. The C & W should provide only technical assistance if requested.

15.         Union Council and Law and Order: When the SHO is held liable for the maintenance of law and order in the jurisdiction of his Station, in the similar way, the Nazim should keep close watch on any activity contrary to law and public morality. If it was proved during investigation that the Nazim had been informed about the unlawful activity but he failed, he should be tried along with the accused persons and on proving his guilt, he should be punished in the same  way as any other culprit and be removed from the post by the order of District Nazim. Fresh election be held on the post within one month for the remaining period. This is a major deterrent in the maintenance of law and order.

16.         Union Council and Government Departments: It should be the responsibility of the Nazim Union Council to visit every month, every Government office / institution within his jurisdiction and to find out the condition of its functioning and to find out the requirements of those offices/institutions and also of the persons serving there.

17.         Certificate about implementation of Laws by the Nazim: The Nazim Union Council should also give a Certificate every year to the Tehsil Nazim and District Nazim and DCO that all the laws of the Country have been properly implemented and all the Departments of Government are functioning according to the rules, regulations and Manuals prepared for them. If it was later on proved that the Nazim has falsely given the Certificate, he should be criminally prosecuted for perjury and removed from the post.

18.         Illegal inheritance mutations: It has been noted that the revenue authorities do not follow Section 4 of the Family Laws Ordinance, 1961 whereas there exists a specific notification to this effect that it should be followed during the proceedings of Inheritance Mutation before the Revenue Officer. All such mutations should be declared null and void by the District Revenue Officer being contrary to the Substantive Family Laws Ordinance, 1961.

19.         Patwari's responsibility in relation to an owner: When the inheritance mutation is approved and the land is transferred to new persons, it should be the responsibility of the Patwari to call the landowner/landowners to the Union Council and hand over the copies of the Jamabandis (Register Haqdaran Zamin) subject to the payment of fees by the recipient/recipients of the documents. Then the Patwari should show the land to the owner on the ground after full measurement and delimitation. It has been noted that in the majority of the cases, the owners possess sufficient land in the Revenue Record but on the ground, they are unaware of the land due to the illegal occupation of land by other persons. The Revenue Courts and Civil Courts in every district are full of such like cases which have been resulted due to the irresponsible handling of these matters.

20.         Unit for the construction and Developmental works should be Union Council: Unit for the development Scheme should be Union Council and allocation of funds should be automatic. For example, there are 1000 Union Councils in a Province and fund of 1000 Rupees is to be distributed each Union Council should get one Rupee without any struggle or applications. At present, it has been observed that MNAs and MPAs utilize the whole amount in one place and deprive other deserved areas, particularly those MNAs and MNAs who are either Heads of Political Parties or have free access to the President and Prime Minister in case of MNAs or Governor and Chief Minister in case of MPAs. At present, the distribution is partial and unjustifiable and is done under the Principle of "Might is Right". The District and Tehsil Nazims have greater influence in the distribution of funds meant for the Union Councils. It totally depends upon their sweet wills and allocate funds not on the basis on requirements but on personal relations. The wearer knows where the shoe pinches. The people of the Union Council are the best Judges what are their requirements. The Government Departments are required just to facilitate the accomplishment of the developmental projects in shape of clean water supply, gas supply, electricity supply, school construction whether Primary, Middle, High or Higher Secondary or College, Hospital, roads or other project which is essential for leading a comfortable life and which is feasible in the allocated funds. The Union Council should be at liberty to deposit the amount granted to it by the Provincial Government in the Bank and also deposit other grants till the amount become so much to meet the expenditure of a big project. This practice should be allowed after the fulfilment of all the basic smaller projects. At present several persons like MNA, MPA, District Nazim, Tehsil Nazim or Union Nazim make announcement about the construction of a road, drainage etc. The common man does not know who has constructed it. There is possibility and probability of showing this project by all these persons and withdraw the amount from the exchequer which will on one hand show lack of Coordination and Cooperation among these Authorities and on other hand will cause substantial loss to the National Exchequer in shape of withdrawal of amounts on one project by all these persons. Each one asserts his authority and tries to make good name on the project. In my opinion, when one and single person in shape of Union Council is allowed to every construction and the other authorities just supervise (if they wish), it will be much more easy to fix the responsibility in case of any wrong. The Tehsil and District authorities should keep the records of the accomplished projects, the copies be communicated to the Provincial Government which is the ultimate authority for the release of funds directly to each Union Councils. The District and Tehsil authorities should have no authority to interfere in the release of funds. They should just supervise strictly whether the released amount has been utilized on the project as desired by the Union Council or has been deposited for a big project in the Bank Account. In case of any fraud or falsehood detected by anyone, the Provincial Government should hold all the levels from the Union Council to the District responsible for the falsehood.

Now it is an open secret that why the MNAs and MPAs are being given huge funds for various developmental projects. These personalities should be confined only to legislation, which is their primary job but they have been engaged in other works, which has badly damaged their spirit for legislation. This is the reason that laws are not changed according to the changed circumstances and a sense of stagnation of legislation is felt which is in the interest of both the ruling and opposition parties, which comprise the elite class of society. Only that law is passed expeditiously and without any outcry which is backed by the ruling class or when a powerful group persuade the ruling class in the Assembly.

    Frankly speaking, the funds, which were spent in the Constituency of Sheikh Rasheed Ahmad, are much greater in proportion to the funds of other Members of the ruling party or the opposition. In this way, every Government is itself not doing full justice with all the people of Pakistan, which is the basic reason for all the evils.

    Loans from banks should be strictly prohibited for the elected persons from top to bottom just like wine and other immoral activities are prohibited for the President and other high-class persons in the Government of the United States.

    Separate money from the politics and then look how many sincere persons come to the political arena for the service of the people? If you give Rs. 5, 00000 salaries to each MNA or MPA per month, no one of the highest class will come for the service, as they now hate to serve as a teacher, clerk or peon. Everyone is talking about the Golden Principles of Quaid-e-Azam but is acting upon his own formulated principles of life, which are before the eyes of everyone.

    The Sugar Crisis, the Flour Crisis in the period of the present are the clear proofs of this fact that the business class in the Government wants to suck the blood of the people of Pakistan by comparing prices of these commodities with the neighbouring Countries. Is it necessary that the plight of the people of the neighbouring Countries should be duplicated in Pakistan? These crises actually manifest the level of sincerity of the ruling and opposition with the people of Pakistan.

    The job of the Government is to check such tendency of selfish people who try to destroy the purchasing power of the people or try to neutralize the effects of the benefits being given to them by the Government. It is tantamount to give benefits on one hand and take those on the other hand.

    Why such events are allowed to occur which result in the crisis of demand and supply, which result in permanent price hike. The Government claims successes in establishing writ on the areas, which were so far out of its control while in case of price-hike, admits inability in media and links it to the International markets and other forces. Sugar and flour is available in abundance but on such rates which have been resulted due such crises and were desired by the business class in the Government.

21.         Justice at Union Council: Musalihati Jirga, which is responsible for the dispensation of Justice to the aggrieved persons, should be a selected body and the Members should have proper Salaries / Honoraria in adequate amount. Presently, no one, who is well qualified, is willing to waste his time in the Union Council in the Musalihati Jirga for nothing. The whole case is prepared at the Union Council level and if anyone disagrees with the judgment of the Jirga, he is at liberty to knock the door of the Competent Court having the jurisdiction to entertain the suit. The basic issues of contention remain the same which have already been thoroughly discussed before the Jirga, now if the Jirga is comprised of competent and qualified persons, the job of the Court become easy because the Court will also discuss those facts and record the evidence which have already been investigated, analysed and conclusion drawn at the level of Union Council. No doubt, the Jirga is no substitute to the Court but the judgment of a qualified Jirga is absolutely an aid in coming to exact conclusion. Therefore, my contention is that the decisions of Jirga should be based to greater extent on Justice, fair play, good conscience, law and reason. The subjects / topics / facts of the case which have been given to the Jirga and in which the Jirga is authorized to give verdicts need sufficient knowledge of law. Accordingly, the Chairman should be either an advocate or LLB degree holder so that to act according to the law to a greater extent. But such post of Chairman will attract such qualified persons only when he is paid honoraria up to the pay of a 17 scale person. I am saying so on my personal experience when the Jirga in the Union Council of my village Marghuz allowed a person to sign on behalf of his father and brothers without having any power-of-attorney for doing so from his father or brothers. Moreover, when the father is alive, a son cannot sign a document of agreement relating to the property of the father. Father is the sole authority to do what he may wish, father can bind sons in an agreement but a son cannot bind his father or brothers when not expressly authorized to do that. Now, if in this case, the father died, and his other sons repudiated the agreement, this controversy would be because of lack of knowledge of law of the Jirga. Therefore, the Jirga should be fully equipped with knowledge of law or should have a courage to refer any question of law to the Provincial Law Department and seek its opinion. Strict procedural law is followed only in the Court but substantive laws which create or extinguish rights is followed everywhere strictly and the personal rights depends upon those substantive laws. The procedural laws determine only the procedure for the remedy.

22.         Nazim's responsibility in relation to the Family Pension of a Government employee's widow: The Nazim of the Union Council is the elected Headman / Elder of the Village / Villages and should be responsible to safeguard the rights / interests of the inhabitants living within the jurisdiction of his Union Council. When the Civil Servant of any Department, Federal or Provincial, of any Grade / Post dies, his wife should submit a simple application to the Nazim for the finalization of the Family Pension documents, giving all the information required for the Family Pension. The Nazim should provide the Department of the deceased  with those information which are required of the widow. The Nazim should keep close contact with that department till the reception of the Pension Payment Order from the District Accounts Officer where the Civil Servant was last posted till death.

 Only the Government Servant knows how to get a right from the parent department or other department, his widow and his orphan children do not know any thing and are completely at the mercy of the people in the departments. It is a moment for the thinking of those Champions of Women rights who were amending laws about adultery (zina) but have ignored countless rights of the women. They should also divert their attention towards the basic rights of the women that need to disentangled from the procedures of the departments or at least make such arrangements to make easy the work of the Nazim Union Council to give the rights of the widow at her door step.

    In 1990, I published a letter in the daily newspaper, The Frontier Post, in which I described the plight of those widows whose husbands die during service. The widows pass through deplorable conditions especially when their children are of tender age.

    It is very easy to become the President, Prime Minister, Governor, Chief Minister, Minister, Secretary, Director, Chairman, Nazim etc. but it is extremely difficult to do justice with that post by performing the duty of the post and giving his Guaranteed Rights whether in the Constitution, Laws, Rules, Regulation and Manuals every individual living in this Country and is an obedient person to the State. Actually, this concept has hit the core of my heart that when a person cannot perform the duty of a post in that manner which is demanded from him, he should not harness that responsibility.

    When the State is allowed to crush a group of the people for the establishment of the writ of the State then a similar way should be adopted for the protection and retrieval of rights of the citizens of the State.

23.         Union Council in relation to Widows and Orphans: On the death of a married person, the Nazim should depute one of the Members to find out the financial condition of the widow of the deceased and submit report to the Nazim within one week from the date of deputation of the matter. The Nazim should recommend the case to the Zakat Committee within one week from the date of the submission of the report if the financial condition of the widow entitles her to Zakat so that the widow may not suffer financially. In this way the deserved persons would get the governmental financial support instead of begging or resorting to unlawful activities for making up their daily requirements.

24.         Union Council and permanently handicapped persons: All the handicapped persons living within the jurisdiction of a Union Council, who are permanently residing there and not wandering for begging to other places, should be registered for financial assistance from Zakat fund for any other such fund meant for the poor.

25.         Union Council and poor but intelligent students: The Nazim Union Council should ask names of male and female students from Primary, Middle, Secondary, Higher Secondary, college and University studying in the institutions within the jurisdiction of the Union Council for scholarship out of funds granted to it by the Provincial Government. It will not only encourage the deserved students for more learning but will stop the way of poor to be prey to various such institutions which may promote them to anti-social and anti-State activities and make them a permanent menace to the Government and society. In this way the poor students can be protected from people with devilish minds.