- Good governance
REPORT OF THE TASK FORCE
COMPOSITION OF THE TASK FORCE ON SOCIAL CONTRACT
Mr. Kamal Azfar Chairman
Mr. Aftab Ahmad Khan Sherpao M’.-mber
Syed Qaim All Shah Member
Makhdoom Syed Faisal Saleh Hayat, MNA Member
Sardar Fateh Muhammad M. Hasni Member
Mr. Justice Abdul Rahim Kazi Member/Secretary
Qazi M. Alimullah
Mr. Maqsood Ahmed Shaikh
Mr. Shahid Kardar
Dr. Mutawakkil Kazi (Focal/Resource Person )
Mr. Shah Mahmood Qureshi, MNA Member
Nawab Muhammad Yousaf Talpur, MNA Member
Makhdoom Shahabuddin, MNA Member
Ms. Naheed Khan Member
Dr. Safdar Ali Abbasi Member
Mr. Humayun Faiz Rasul Member
Mr. S. K. Mahmud Member
Mir Baz Muhammad Khan Khetran Member
Mr. Umer Yousuf Deda Member
Mr. Qurban Ali Member
Mr. Shahnawaz Khan Member
Mr. Zafar Iqbal Rathore Member
Mr. M. A. K. Chaudhry Member
Mr. M. M. UsmaniMember
“Government has collapsed. With it, law and order has collapsed. The ordinaiy citizens make out a miserable life. Injustice stalks them – The aim of the new social contract is to redistribute power between the Federation, Province and Local Bodies to make government more effective and responsive to the needs of our citizens.
A new system which ends the monopoly of the Thanedar and the Feiidal, of the oppressor and the exploiter.
A system which protects the weak and oppressed. The local bodies are presently cesspools of corruption.
Development money is embezzled
Goods are adulterated
The citizen is frustrated
No more – Not with Government at the Doorstep.
With the New Social Contract, local bodies will be restructured ‘.,’^d reformed. Division will slowly be done away with, direct government at the grass roots will begin.”
PRIME MINISTER MOHTARMA BENAZIR BHUTTO
An Agenda for Change
The report of the Task Force on New Social Contract constituted by the Prime Minister, is a well considered attempt to translate the promised “New Social Contract” into reality. The process of change is not easy. Experience of other countries shows that there is no quick-fix in this field. Our country’s track record in bringing government closer to the people begin poor, we have tailored the proposed system keeping in view the low literacy levels, lack of continuity in maintaining local government institutions in the past, low level of professional and managerial inputs likely to be available and the unfortunate tendency to misuse office for personal privilege and patronage. Since commitment to change focuses on people as the major beneficiaries, we feel all four provinces will follow the path which has been identified.
The recommendations emerging from our work are dov n-to-earth. Even if all recommendations are enacted, the process of change would have just begun. Transformation would take time as a major movement takes place from a top-down to a bottom-up approach and steps are taken to make government more humane and caring and responsive to the needs of the people. But the course would have been set firmly and our commitment to change would be visible. It would not be easy to reserve this course. At the end of the road a drastic change will take place in the daily !ife of the citizens.
The Task Force began its work from 27th of October. 1993 to review the existing situation and to come up with concrete proposals for better balance of power between the
three tiers of government and to take the goal of good governance closer to reality. An open-minded approach was adopted. Additional members weie co-opted and a team of experienced politicians, government employees and experts v/ss thus put in place to contribute to the framing of an action plan to carry out this transformation. Consultations were held with people from different walks of life and from rural and urban areas. Previous reports on topics related to this review were examined. Lessons from the past were kept in view. Talented and experienced officials and citizens were invited to provide suggestions. Experiences of other countries were gainfully utilized.
This report represents the gist of the efforts of the Task Force. It brings together analysis and findings. A set of recommendations emerging ovit of the work provide planned actions which the Government could implement. A model of District Government forms the core of the proposals for Administrative Reforms.
Structural changes which do not increase long-run costs, increase in the elected component of administration at the district level, strengthening, of local government, improvement in financial position of local bodies, increasing awareness among communities, institutional arrangements for accountability, facilitating local decisions at the local level by allowing for effective performance of functions, introduction of changes in the way the police force works, providing justice at the grass roots level and Jail Reforms, all together comprise the bold and major change:; recommended by the Task Force.
We have come to several important conclusions and suggest a method for: (i) Restructuring Government for a better balance of power; (ii) Redistribution of functions between three tiers of Government – Federal. Provincial and District; (iii) Improvement in financial arrangements to encourage resource generation at the local level; (iv) Formulation of a plan of reforms for good governance – a more humane and caring government; and (v) Recommendations for a legislative framework within which transformation would take place.
The measures we suggest require no Constitutional changes. Our emphasis is on implementation of the recommendations. We believe those whc would like to maintain the status-quo for fear of creating waves in the existing system, do not realize that we would be left behind in the competitive world where countries are striving for and achieving progress in real terms. If we have faith in democratic values, there is no reason why we cannot overcome the hurdles which may come our way. We must do so with popular support and courage.
Task Force on New Social Contract has been set up with the following terms of reforms
i) To suggest ways and means for a more humane and caring government which has respect
for human rights; and
ii) To suggest redistribution of powers betveen the Talent, Provincial and Local
Governments in keeping with the concept of government at //?•? doorsteps.
T.O.R. of Task Force on New Social Contract, 1993
Problems and concerns of the people cannot be neatly compartmentalized into economic, social and political spheres. They encompass all three. Policy formulation, which keeps this assumption as a paramount one, is likely to he more effective and successful. People are concerned with what affects them in their ddly life.
- They see endemic corruption at every level and sphere and misuse of public
assets and money.
- Wastage of public money has assumed serious proportions and plays havoc
with public confidence.
- There is a loss of faith that merit and hard work will br rewarded, networking
and ‘sifarisrT is perceived as the most convenient rou’e to securing jobs or
- Safety of life and property, delivery of justice and law ind order are no longer
regarded as basic functions which the state is capable of performing
satisfactorily resulting in a growing tendency on the part of groups of people
to take these functions in their own hands.
- High-handedness of police is a common complaint. Visible to the eye is the
fact that before every Eid police checks on traffic become incentive for
extortion. Treatment of people at police stations and police lockups are
- Women do not get the respect they deserve and are abused at will at police
stations and lockups.
Inflation and unemployment are topmost worries of the common man.
- Despite 46 years of independence the state has failed to ensure delivery of
basic services and amenities to the people. Low literacy rates, high population
growth, low life expectancy poor health and nutrition, deteriorating conditions
of women, lack of proper public transport systems, no electricity and no fan in
sweltering heat, shortages of irrigation water, lack of clean drinking water,
sanitation, adulterated food and medicines all effect the common man.
- There is a growing awareness that payment for water which was never
delivered, electricity the supply of which was interrupted several times,
telephone call which was never made, is not bearable.
- There is a growing perception that tax payments to the state are unfair which
breeds tax evasion through corrupt tax officials.
- Deterioration in environment, accumulation of filth, over flowing drains, are
far too common.
- Lengthy and inconvenient procedures for such mundane things as payment of
utility bills dealing with registration offices, municipalities, patwaris, or any
government functionary saps people’s energies.
- Drug addiction among the younger generation is striking at the roots of
Functions of the state as they existed in the colonial days reflected the need to maintain law and order, collect revenue and undertake what :c takes for economic exploitation of the people. Today, people expect the state to safeguard their life, property and basic human rights and improve their quality of life and meet the requirements of development. The problems presented above need to be seen in iheir proper perspective. A review of the socio-economic process at the macro level indicates that average growth rate of the economy after the sixties at 6 percent per annum; has been better than that experienced by most other countries. Economic growth has, however, been accompanied by growth of population at a fast pace and rapid urbanization. Added to this is a checkered political history with prolonged discontinuities in the democratic process. Social and structural changes brought in by economic growth have not been guided and nurtured by democracy, leading to fragmentation in the society and distortion1 in social values. Lack of investment in social sectors has resulted in low literacy and deterioration in the quality of life. On the other hand, children of yesterday’s poor who acquired education are today competing for scarce jobs. Expectations have risen faster than the capacity to meet them.
The solutions to those problems are not easy. There is a need to formulate a “New Social Contract”. This social contract would aim at restoration of confidence among the people and establish a new set of relationships between the government and the governed. A balance of power has to be achieved between the Federation, the Provinces and local governments. Institutions have to be develops::1 at the lower echelons to bring in the concept of government at the doorstep. Rights and duties of the state as well as those of the citizens have to be spelt out. The structure of administration must undergo a change with devolution of authority. Change in attitudes need to be inducedthrough the New Social Control. A new equation needs to be developed between government institutions and the people. The Government will maintain law and order, provide basic needs including job opportunities to the citizens. The Government also has an obligation to treat the people with fairness and humanity. In return, citizens are expected to be law-abiding, respect those in authority, pay taxes, work, harder, save more and motivate their children to learn and be self reliant. The new structure would cater to the emerging requirements of good governance.
Good governance requires a mission, driven not so much by ideology as by absolute necessity. Definitive steps and concrete measures, which cut across the Federal, Provincial and Local tiers of government, would be required. For example: (i) Improvement in delivery of services by agencies under Federal control, Departments under Provincial Government and those functioning under local governments would be needed; (ii) a conscious plan for introducing positive changes in attitudes of public sector employees towards duties would have to be framed; (iii) external interference in appointments and transfers of employees would have to be minimized; (iv) discrimination against weaker segments of our society including women, minorities and the poverty stricken would have to be removed and (v) rebuilding of institutions with greater authority and responsibility with reinforced accountability will have to take place. If Government demonstrates its commitment to change, people are bound to follow. There will be fewer reasons for people to break the law, to deviate from ethics, to avoid paying taxes. The people will be induced to participate in decision making and improvements for their own good.
INDICATORS OF GOOD GOVERNMENT
- Committed political leadership
- Competent and clean bureaucracy
- Economic policies to promote growth and reward enter):rise and achievement
- Social policies in housing, water supply and sanitation, education and health
care that make every citizen feel a stakeholder
- National team work and partnership between the government, business and
- Acceptance of rule of law and an independent judiciary
The Task Force on New Social Contract spent long hours debating the failure of the existing system. There was agreement that the first priori I y of the Government should be to strengthen the institutions at the grass-roots level trough the process of devolution. This would address the root problem. By taking government closer to the people and increasing interaction a number of evils of the existing system would have been removed. A more efficient, broad-based government machinery responsive to local needs would act as a catalyst for the entire set of improvements to follow. Efficient delivery of services has become a necessity but the machinery for its successful implementation has to be put in place first. Additionally, Federal Government and Provincial Governments have to participate in moving through a set of reforms designed to improve efficiency and changing the way the government works. Two options were available: (i) Demolish the existing system and build a completely new one; and (ii) Build on the existing system and undertake appropriate changes for its proper functioning. It would be easy to demolish a system and much more difficult to build a new one. Possible solutions were debated weighing pros and ccris of each, examining feasibilities and socio-political implications. The consensus that emerged is that the task is a complex one and so are the solutions.
We have identified four areas for generating the maximum impact in moving towards the goal of good governance: (i) Restructuring of the government to take it more efficient, achievement oriented and to take it closer to the people: (ii) Redistribution of functions to avoid duplication, minimize overlapping and improve resource use; (iii) Rearrangement of finances to arrest the tendency to live beyond means which has undoubtedly resulted from confused stirrings of 1980s when finances were used to keep governments in place; and (iv) a set of reforms designed for a much needed transformation to a humane and caring government. The underlining principle that good governance will induce people to respect the authority of the St£te and discharge their duties as faithful citizens has been adopted.
RESTRUCTURING THE GOVERNMENT
“Clearly a society which desires to be better prepared for the twenty J’rst century will pay a price to achieve that transition, it will need to retool its national skills and infrastructure, challenge vested interests, alter many old habits, and perhaps amend its governmental structi<r>>.s – Alongside voices calling for change, there exist large constituencies wanting things to stay as they are. to freeze things rather than respond. “
Paul Kenneduy, Historian.
OUR SOCIETY – FOOD FOR THOUGHT
The Pakistan society has undergone a gradual but profound change. It is much more personalized and much less institutionalized. Values thai upheld integrity and effectiveness of institutions have steadily eroded. Our social and cultural milieu is characterized by: (a) tendencies to hope for the best in the future or romanticize the past at the cost of the present; (b) preference to find personal gains ‘:>y moving outside the limitations prescribed by the legal framework; (c) impatience in achieving material gains; (d) deterioration in work ethics at all levels; (e) attitudes that reflect least amount of tolerance for others; (f) lack of moderation; (g) disregard for labour and hard work and fruits of labour; and (h) lack of discipline.
, Our administrative machinery is imbued with the same values and attitudes that characterize our society. Furthermore, the legacy of administration has been authoritarian and paternalistic in approach. Paternalism ahs been misdirected. Instead of leading the society towards tolerance, hard work and increased productivity, institutions that would improved the human factor and make the transition towards a just and progressive society easy, have not been allowed to grow.
The changes to be fruitful for times to come must rewarc hard work and merit, encourage undistorted and correct decision making, and reverse all the negative trends in our society. Social transformation is an achievable target provided we make serious efforts in the right direction.
GUIDELINES FOR CHANGE
Despite the currently prevalent view of downsizing the government and curtailing its functions, the role of government will remain fundamental in our country. It would be limited only by the legacies of the past and by forces external to it such as debt obligations and commitments. Effective coordination of policy-making, planning and programme implementation would remain once of the greatest challenges we have to face.
Good governance demands greater delegation of powers and decentralization of authority. It envisages a down-ward oriented style of government. A process of devolution starting from the Federal Government to the Provincial Government and the Provincial Governments to Local Governments and from Local Governments to NGOs and the communities is recommended. It would achieve a balerce of power between various tiers of government.
The lessons to be learnt from experience of other countn.es show that we must evolve our own strategy from our own experience. Five major points can serve as guidelines:
- Awareness of our socio-political, cultural and economic setting in which
devolution is to take place.
- Acceptance that resolution of conflicts, which may result from devolution,
would be required through the political process.
- Clarification of the role of each tier of government and non-governmental
- Mustering support to change that reflects our commitment to change.
- Acceptance of the requirements of redefining financial management,
administrative support and training that would accompany devolution.
A STRATEGY FOR NEW SOCIAL CONTRACT
The New Social Contract will bring about a social revolution in attitudes and institutions. It is to be implemented within our socio-political system characterize by a diversity of elements —the urban and the rural, the literate and the .lliterate, the educated and uneducated, the old and the young, the trade unions and the business community, the bureaucrats and the technocrats, the rich and the poor, workers of political parties, the treasury benches and the opposition and a variety of ethnic groups, all having specific demands for betterment. All compete against scarce resources. Conflicts of interest and dynamics of change will together generate resistance to the New Social Contract. Our strategy is intended to minimize and guard against adverse consequences of the steps we recommended. The major sources of resistance are expected to be political and bureaucratic.
The strategy would minimize resistance to structural adjustments, devolution of authority and a broad-based power structure. The following elements of the strategy are proposed:
(i) An incremental approach would be adopted building on the existing system and progressively increasing the role of elected representatives.
(ii) A least cost approach may be adopted to minimize pressures on the national budget while achieving major objectives.
Elected representatives should be vested with appropriate authority and relationship between the politicians and the goveinment servants should be within well-defined parameters.
(iv) The system would promote transparency, provide checks and balances, evolve proper mechanisms for financial management preventing misuse of authority and wastage of resources and increase access to records for public scrutiny.
(v) An equitable balance should be achieved between sleeted representatives at various levels of the hierarchy. Sharing of participation in various spheres of government should be arranged to minimize creation of a sense of deprivation among the public representatives ss well as government servants.
(vi) Competition or conflict of interest between the various tiers of government should be avoided.
(vii) Competition or conflict of interest between the various tiers of government should be avoided.
(viii) The new arrangement would be sustainable in the long run. Financial arrangements which provide incentives to generate finances form within should be put in place and the sense of complacency and inertia should be removed.
(ix) Checks and balances, strong audit arrangements and financial discipline would form a major part of the change.
(x) The system should be dynamic, progressive and conform to modern management techniques. It should encourage innovation and creativity.
(xi) The system should be capable of addressing socia problems focus on the rural-urban divide and meet the requirements of change.
A DESIGN FOR GOVERNMENT AT THE DOOR STEP
Promotion of democratic institutions at the grass-roots level has been ineffective in the past. Local bodies set up for ‘political education” of the people worked better under the colonial rule. Post-independence era was marked by a pre-occupation with political consolidation at the Centre. The Basic Democracies experiment in the sixties failed within a short span of time, because people at the grassroots wen: quick to recognize the system as a cosmetic implant when civil servants were vested with the controlling authority over the elected bodies in the higher echelons and the system was subjected tointerference as basic democrats formed the electoral college for Presidential elections. There has been an increasing tendency towards centralization for patronage and personal privilege at the cost of grass-root institutions. In the early 1980s local bodies were promoted to keep the Government in power. After the non-party elections of 1985. Local bodies were relegated to near redundancy as those heading local institutions were returned to provincial and national assemblies. The weakest link in the democratic process in therefore at the grass roots level. Partly by design and partly due to inattention.
The new structure of government would move away forrr the traditional model based on command, control and mistrust to a new model based on persuasion, delegation and trust. Development of democratic institutions at the lower echelons in seen as a means of political training, increasing awareness among the masses, recognition of the right of the people to participate in decision making especially in areas where they are directly affected, recognition of the premise that local decisions should be taken at the local level and above all a means for improving local government functioning with clarification of roles and responsibilities.
Successful democratic processes and improved socio-economic management are critically dependent on better administration. Restructuring and reorganizing administration with minimum cost right down to the grass roots level forms part of the reform. We feel strongly that the government servants, including police personnel, have to be imbibed with renewed confidence, incentive to work and result orientation as part of the restructured government. Effective implementation cannot be conceived without an efficient administrative machinery at appropriate levels of the hierarchy.
A NEW STRUCTURE
We need to re-emphasize that successful devolution would start at the Federal level and move down toward Provincial and local levels. The weakest link being at the local level, a focal point has to be found where the government can be strengthened to serve the people. The Task Force has deliberated this issue keeping the goals and the impediments within sight. We have come to the conclusion that the conclusion that the district serves as the most viable, effective and manageable unit for a focal point at the grass roots level. We are not alone in recommending devolution of authority and decentralization of administration to the district. Several reports have come to the same conclusion including the Defence college Report. 1988; Staff College Report, 1984; and Civil Service Commission Report, 1978-79.
In the new scheme of things, the three-tier democratic system recommended by us should comprise the Federation, the Provinces and District with union councils and wards as the grassroots link. The District government would be an elected government having its own District Assembly, its own administration and will oversee functioning of local bodies. The District Government will merge the urban and rural areas. The head of the District would be known as Mayor. There will be a functional cistinction between the functions of the District Government and those the Municipal Committees, Town
Committees and Corporations. The Tasks Force proposes the following model of District Government:
MODEL OF DISTRICT GOVERNMENT
1. Constitutional Provision
Article 32 of the constitution provides that the State shall encourage Local Government Institutions composed of elected representatives of the areas concerned and in such institutions, a special representation will be give to peasants, workers and women. Under the constitution the subject of local government is not part of the Federal List or the Concurrent List. It is, therefore, for the Provinces to implement the concept of District Government by such administrative and legislative measures as may be necessary.
2. District Assembly
Each district will have a District Assembly, elected in proportion to the population of the urban and rural areas. The chairman of the Union Council will be Member of the District Assembly. The urban areas falling within the corporation, Municipal committees and Town Committees will elect representatives to the District Assembly on the basis of the share in the population of the district. The Provincial Government will be the controlling authority of the apex corporations in the Provincial Capitals to avoid overlapping and any conflict in the Provincial Capitals.
3. District Government
The District government will be headed by a District Mayor elected by the District Assembly. There will be four other Deputy Mayors who will be placed in charge of the following functions:
DISTRIBUTION OF POWERS
1. District Mayors and Deputy Mayors
The District Mayor will exercise overall supervision over the district Administration including Revenue, Zakat and Ushr. The District Mayor shall write the ACR of the deputy Commissioner and Superintendent of Police and countersign all ACRs submitted by the Deputy Mayor, Deputy Commissioner and Superintendent of Police. The Deputy Maysor shall write the ACRs of the District Officers and will countersign the ACRs of ‘Other officers in the Department. All transfers and posting of officials of various departments in theDistrict will be made in consultation with the district Mayor through the District will be made in consultation with the District Mayor through the district Secretary.
2. Deputy Mayor for Education
He will exercise supervisory powers of the Director of Education of the Division.
3. Deputy Mayor for Health
He will exercise supervisory powers as were exercv.sed by the Divisional Director for Health.
4. Deputy Mayor for Irrigation and Agriculture
He will exercise the supervisory powers of the Divisional head pertaining to the District.
5. Deputy Mayor for District Roads, Water Supply and Sanitation:
He will supervise the district officer of the Public Health Engineering Department and the District Xen.
The Deputy Commissioner as District Secretary will be appointed in consultation
with the District Mayor. ; I
- He will be the Head of the Secretariat:
- He will assist the Mayor in coordinating all the departments in the
administrative fields. All cases submitted to the District Mayor shall be
routed through the District Secretary;
- He shall have the powers to call for any case or information form any
office, attached department or department in the District, it if desired by
the District Mayor.
- The District Official of the attached depatment, e.g., District
Education/health officer will function as head of the Department in the
It is proposed that the Mayors/Deputy Mayors may be given the right to inspect any Government office of the Provincial Government within their district and in case
where they cannot take any action, the District Mayor/Deputy Mayor may send their inspection reports/observations/recommendations to the provincial level Secretaries, through the District Secretary, for suitable action.
It is further proposed that the District Mayor may be empowered, on receiving advice from the District Secretary, to:-
a. Appoint, from amongst the District Assembly, 50% of the total number of
jail visitors. The other j50% may be appointed by the home Department,
on the advice of District Secretary, from amongst the local gentry;
b. Appoint a fixed number of Oath Commissioners from amongst the local
c. Recommend appointment of honorary magistrate:? for such offences as
traffic violations, environmental offences, crimes against animals and
violation of food laws etc.
d. Some Federal Divisions should be downsized and the line function
transferred form the Federal to provincial level, for instance, Health.
e. The Provincial Government will be the controlling authority of the District
f. The election to the district Assembly will be on party basis.
g. The Divisional tier of administration will be abolished.
h. The District Government/Assembly will replace the existing District Council.
FUNCTION OF THE DISTRICT ASSEMBLY
To pass the annual Budget:
- To make bye-laws;
- To exercise the power of District Council;
- Frame Rules of Business of District Government within the guidelines
provided by the Provincial Government.
FUNCTIONS OF THE DISTRICT GOVERNMENT
All developmental and nation-building tasks within each District will be under the supervision of District government.
1. Maintenance and supervision of:
- Primary schools;
- Basic health units and dispensaries:
- Family welfare clinics;
- Water Supply (Piped water supply. Potable water/storage tanks,
- Provision and maintenance of libraries and reading rooms;
- Plantation and preservation of trees:
- Provision and maintenance of public gardens, public playgrounds and public
- Holding of fairs and shows;
- Promotion of public games and sports;
- Prevention, regulation and control of infectious diseases; and enforcement of
- Protection of foodstuffs and prevention of adulteration;
- Registration of birth, deaths and marriages;
- Relief measures in the event of any fire, flood, hail-storm, earth-quake, famine, or
other natural calamity,
- Coordination with Provincial Governments.
- Formulate district Development programme in Consultation with the respective
union councils and to review periodically its implementation. Supervision of
implementation of the district development programme.
District Government would be the controlling authority for Municipal Bodies Corporate which would have the following specific functions:
physical Planning, town Planning and Building, Registration and Control
within Corporation limits:
Trunk sewerage system, sewerage treatment plants snd sewerage farms;
Urban water supply;
Refuse disposal plants;
Abattoirs and cattle colonies;
Special and General Hospitals and Dispensaries:
Air and Water Pollution Control;
Food supply schemes;
Planning, development and maintenance of Municipal Roads and Storm
Zoological gardens, aquaria, Stadium. Safari Parks, Sports, Complexes;
Planning, development and maintenance of fire fighting services;
Site development schemes;
- physical Planning, town Planning and Building, Registration and Control
within Corporation limits:
- Trunk sewerage system, sewerage treatment plants snd sewerage farms;
- Urban water supply;
- Refuse disposal plants;
- Abattoirs and cattle colonies;
- Special and General Hospitals and Dispensaries:
- Air and Water Pollution Control;
- Food supply schemes;
- Planning, development and maintenance of Municipal Roads and Storm
- Urban Transport;
- Zoological gardens, aquaria, Stadium. Safari Parks, Sports, Complexes;
- Planning, development and maintenance of fire fighting services;
- Site development schemes;
- Civil Defence.
- Tax on the transfer of immovable property.
- Toll on the export of goods i.e. Rawangi Mahsool.
- Tax on professions, trades and callings.
- Tax on advertisements.
- Tax on cinemas, dramatic and theatrical shows, and other entertainment’s and
- Air and Water Pollution Control;
- Food supply schemes;
- Planning, development and maintenance of Municipal Roads and Storm
- Urban Transport;
- Zoological gardens, aquaria, Stadium. Safari Parks, Sports, Complexes;
- Planning, development and maintenance of fire fighting services;
- Site development schemes;
- Civil Defence.
TAXES, RATES, TOLLS AND USER CHARGES WHICH MAY BE LEVIED BY THE DISTRICT GOVERNMENT
- Tax on the transfer of immovable property.
- Toll on the export of goods i.e. Rawangi Mahsool.
- Tax on professions, trades and callings.
- Tax on advertisements.
- Tax on cinemas, dramatic and theatrical shows, and other entertainment’s and
- Toll on intra District road, bridges and ferries built by the local Bodies.
- Drainage rate.
8. Rate for the provision of water works or the supply of water.
9. Fees for markets, fairs, agriculture shows, industrial exhibitions and tournaments.
10. User charges for specific services or any public utility rendered or maintained by the District Government.
Taxes, Rates, Tolls, Cesses, and Users Charges which may be levied by Town Committees, Municipal Committees and Corporation:
- Share of Immovable Property Tax.
- Tax on applications for the erection and re-erection of buildings.
- Tax on the import of goods for consumption, use or sale in the Municipal
- Share of Tax on Motor Vehicles.
- Lighting rate and fire rate.
- Conservancy rate.
- School fees on schools maintained by the Town Committee, Municipal
Committee or Corporation.
- User charges for the benefits derived form any works of public utility
maintained by the town Committee/Municipal Committee or Corporation.
- Fees for licenses sanctions and permits granted by the Town Committee.
Municipal Committee or Corporation.
ABOLITION OF DIVISION AND
CURTAILING JNON-DEVELOPMENT EXPENDITURE
The Divisional tier will be abolished. Removal of the divisional tier would provide substantial savings to exchequer. The savings in the Provinces of Punjab and Sindh of the commissioner’s office alone are Rs. 182 Million. The estimated at Rs 600 Million which would mean that an amount of Rs 6 Million will be available for administrative expenses of each District. Furthermore, saving are expected through replacement of the District council by District Government. Savings will be diverted tothe district tier and would help minimize ‘expenditure for installation of district governments. Re-adjustments will be carried out in the district government arrangement, to readjust employees form the Divisional tiers.
FINANCIAL DISCIPLINE AND ACCOUNTABILITY
For successful realization of goals envisaged in the reforms :t is critical to remove financial in discipline and introduce a culture of discipline and accountability.
Financial procedures similar to those prescribed for the Provinces under Articles 118 to 126 of the constitution may be replicated for the districts by enactments by Provinces.
Annual Audits of District government and bodies and organizations under its control may be made mandatory. In the even of default the district government may by exposeSd to censure and punitive measures by the Provincial Government.
Internal audit machinery may be set up in each district and Finance Department may perform the mandatory function of external audits more effec.ively by strengthening the audit machinery.
DEVOLUTION OF AUTHORITY ‘
, The district government concept has tremendous potential for bringing about
revolutionary change in society and curing many of its ills. Meticulous planning and proper implementation of the scheme will minimize abuse of power and greatly accelerate socio-economic development thus bringing much needed relied to the over harassed common citizen. Furthermore, with a powerful local goveriment at his doorstep, he will be able to get most of his problems solved at the local level with the assistance of elected local representatives who would be readily accessible and keen to help, being entirely dependent on their electorate for re-election. This would rr.ark the advent of real grass roots democracy in our country which will, in turn, speed up considerably the development of a strong and healthy democratic culture in our polity.
Devolution of political authority to the districts shoulri assist in institution building. District government would have a range of functions to perform. It would be in a better position to deal with unique local circumstances with betler knowledge of the area. Better coordination of development programmes with its muiti functional form. It would, However, require a change in attitudes at the provincial anc federal levels, given the culture of centralism. The district government would need to be strengthened through administrative reforms.
STRENGTHENING THE DISTRICT ADMINISTRATION
The elected District government will control the entire gamut of district administration except that of collector and District Magistrate. District Secretary, who in status will be below that of the District Mayor will continue to perform the functions of collector revenue and district magistrate. He will be Chief of the Secretariat of the district government and will act as representative of the Provincial Government in the District at the same time. His role will be to advise the District Mayor in performance of his functions. His performance evaluation will be done by the District Mayor but he would retain the right of appeal to the Chief Secretary of the Province. He would also possess the right to disagree with the District Mayor and his Cabinet in which case the final decision would vest in the Provincial Government.
District Secretary/DC may be a relatively senior and nature officer to be able to head the team of government servants at the district level. We reccmmend that he would be appointed for a minimum tenure of 3 years. He should be the lirk between the District and the Provincial Government through the Chief Secretary. He should not be removed before completion of his minimum tenure unless there are cogent reasons, which should be conveyed to him explicitly.
All officers of the national building Departments would continue to work in the district under the supervision of the District Government and its elected Mayor and Deputy Mayors with specific line functions. They would be required under the law to attend meetings called by the District Government and to assist the Mayor and Deputy Mayors as well as answer any questions pertaining to their departments.
BASIC INGREDIENTS FOR SUCCESSFUL DISTRICT GOVERNEMENT
- A SOUND ECONOMIC AND REVENUE BASE IN THE AREA
COMPRISING THE DISTRICT
- CLEARLY DEFIND LEGAL STASTUS AND RESPONSBILITY TO AVIOD
DUPLICATION OF FUNCTION AND CONFLICT OVER RESOURCES
ABILITY TO RAIS REVNUES AND FINANCIALSl PPORT BASED ON PROFORMENCE JUDDEGE THROUGHREVNUE COLLECTION INDICATORS
- ACCESS TO DECIISION MAKING FOR DEVELOPMENT WITHIN THE
- APPROPRIATE LEVELS AND MACHNISIM OF CONTROL AT FEDERAL
AND PROVINCIAL LEVELS WHILE GIVING FREEDOM TO WORK AT
- GOOD RELATION BETWEEN ELECTED REPRESENTATIVES AND
OFFICIALS IN TECHNICAL AND ROUTINE MATTERS TO OFFICIALS
- GOOD MANAGEMENT PRACTICE FOR REVENUE COLLECTION
FINANCIAL CONTROL AND ADMINISTRATIVE SUPPORT
- RESPONSIBLE TO COMMUNITY AND THE PEOPLE
- ORGANIZATION OF TRAINING
- COORDINATION WITH UNION COUNCILS, WARD COUNCILS,
COMMUNITEIS AND NGOs AND WITH PROVENCIL GOVERNEMENT
AND FEDRAL GOVERNEMENET
STRENGTHNING OF CIVIL SERVICE FOR IMPARTIALITY EFFENCY AND RESPONSIVNESS
ELIMINATING THE DIVISIONAL TIER
The division emerged as a unit of administration during colonial for good reasons. It stated the colonial design for controlling the sub-continent because of its large size and the need to economic on search British bureaucratic resources. The division was created for revenue purposes. Divisional Commissioner has no counterpart in the history of Britain itself. The major reason for the maintaining the division at the unit of administration in the post independence era was failure to have an effective system of local government and an inherent tendency to attract local fi actions upwards for patronage. Modern means of communication, information technology and effective methods of governance have rendered this their obsolete.
Division heads of attached Department and staff should also be selectivity redeployed for more productive functions within the district government.
We recommended that the Divisional Tier should be phased out and essential functions should be reallocated., at the district levels Appellate powers and divisional levels in revenues cases will be exercised by the board of revenue and the stage of the appeal revision at ht e Divisional levels will be abolished .
Introduction of elected district government will reduce the dement of impartiality unless checks and balances are introduced. Party affiliation and tendency to settle sources. If left uncontrolled will consume the energies of the government and level very little room for actual implementation of the development programme and provision of services the strongest deterrent against this eventually is accountability to people which is a long terms process. The system will work better only if the civil servants are made stronger and more efficient remain impartial and are free from corruption. Strengthening the civil servants requires fundamental changes in approach: (I) Professionalism and marit must replace networking and sifarish: (ii) A strong training programme striving the change attitudes of the civil servants is necessary: (iii) salary structure have to be reviewed to bring them more in line with those of the private sector : (iv) Fixed tenure for civil servants , including police has to be put in place and they must have redressal of grievances against the elected government in the form of right of dissent and disagreement. In case of descent and disagreement between the civil servants and the elected representatives resolution should be with the Chief Secretary of the province, the provincial secretaries and IG police as they case may be.
District ombudsman the judiciary and auditors not responsible to the district government will have to be brought in with a watch-dog status and for redressal of grievances and monitoring of financial management in the long run.
Efficiency of administration can be enhanced by utilizing attrition as a too! for reducing the numbers and avoiding the tendency to add on new agencies at the provincial
capitals without recourses to improvement in exiting ones. A time table for taking these measures may be worked out as some measures would cover a longer time span.
MAINTAINING BALANCE BETWEEN ELECTED REPRESENTITIVES
Holding of non party elections in the country brought with its new traditions in country’s politics. Asset of new privileges were given to MNA’s Senators and MPA’s in terms of discretionary powers to decide location of projects in their constituencies getting villages electrified getting jobs and such things as recommending telephone connections and installation of PCOs. The purpose to win over loyalty of nor-party member of the National and Provincial Assemblies and engineer a majority for the functioning of the governments. People form the constituencies started looking up towards the public representatives has tended to continue. With the interdiction of district government a new tier of elected representatives would have been created with decentralization of functions at the district level. Logically a number of problems would be sored out at the district level and a re-alignment of political powers would take place. Devolution of authority would in effect redistribute discretionary powers between elected representatives. In order to ensure a smooth transition to the new system in this strategy it may be necessary to evolve a strategy whereby public representatives recognize their respective jurisdiction and conflicts of interest are minimized. Furthermore political solution would have to be found to conflicts which may arise.
In order for devolution to be successful spheres of ‘ifluence of public representatives in each tier of the hierarchy must be clearly defined. Policy making role of the legislature at the federal and the provincial level should be made more participative by creating standing committees of MNAs and MPAs respectively. MNAs and MPAs may also have an advisory role in resolving inter district issues, rray participate in the meetings of the district legislature and be included in committees set up by the district Government for the specific purposes.CHAPTER-II
Government provides the political leadership and the vision of where society is moving in terms of its goals and aspiration. It has the responsibility for a legal framework of social institutions regulating behaviour between individuals and guaranteeing basic human rights and entitlements of various kinds. It provides an overall policy environment. Legal and fiscal framework for resources distributor! and provision of public goods. Government has the responsibility for reconciliation of interests. Protecting and sustaining the weak and the disadvantage providing employment and supporting activities for development. Government has strategic role in mustering institution and mobilizing resources for development ensuring coherence of approach in policies.
The constitution is quite clear in defining functions and powers of the federation and the provinces. It leaves division of power and function between the provinces and local governments as an arrangement to be evolved by the Government. Article 7 of the constitution define the states as the federal government Parliament a provincial Government a provincial Assembly and such or local or other authorities as are empowered by law to levy tax. Local councils are local authorities under terms of general clauses Act. Further article 32 of the constitution states that the state shall be encourage locale representatives of the area concerned and in such institutions special representation will be given to peasants workers and women.
Delineation of functions between the three tiers of government namely Federal, Provincial and District will have to be clearly spelt out. Duplication and excessive overlapping would not only result in wastage of resources by increasing non-developmental activities at the cost of capital investment but would also be source of political source of political wrangling which would unnecessarily energies of the government. Similar delineation would be required within the district Government. Spheres of activities of various local bodies would have to be clearly perceived by the functionaries.
The task force feels that duplication at Federal and provincial levels can be avoided by adhering to the constitution. Empowering the provincial governments would make the transition to effective district Government easier as the imoression that creation of elected District Governments would effect the autonomy of the provinces would have been dispelled and commitment of the federal government to change would have been conveyed. Some fields where need for delinations obvious are agriculture, health and education. Empowering provincial government would help empower District Governments.
The fact that District Governments are envisaged as politicai bodies there will be a need to introduce checks and balances for impartial governance. We recommend the following arrangement:
- National focal points will need to be established and strengthened with
responsibilities for formulating implementing and monitoring policies and
programmes locating them at high levels within government.
- Provincial focal points will be required to be established to coordinate the
working of district governments and monitor their functioning. Provincial
Government machinery will have to be strengthened by providing them with
qualified staff and professional managers.
- Provincial focal points would also provide a forum for regular meeting with
- A priority list of institutional linkages at federal. Provincial, District and local
- Modern information technologies will have to be introduced to maintain data base
all levels in the hierarchy.
- Institutions for quick redressal of grievances will have to be created at the
provincial levels, as a mechanism for resolution of disputes would be a necessity.
In the scheme of things being proposed the district government would perform to sets of functions. First, it would have functions pertaining to the affairs of the district. Second, it would act as the controlling authority for local bodies in the district. The functions can be described briefly as under:
The district mayor would represent the state at the district level as specified in Article 7 of the constitution to be responsible following:
- Coordination of the work of nation building departments of the provincial
government and other government agencies which the government may specify.
- Maintenance of law and order in the district supervising the agriculture
departments at the district level.
- Coordination, supervision and some control of development specified by the
- Control and policy making for social welfare, Zakat and Usher, agriculture
department at the District level.
- District Government would act as Anti-Corruption Establishment in the District.
- District Government would carry out activities of relief during emergencies.
- District Mayor would be the chairman of the district development committee.
Controlling local bodies in the district. Controlling powers will be provided to the district government through legislation by the Provinces.
LINE FUNCTIONS FOR DISTRICTS
- EDUCATION: Centralization of educational institutions since 1964 has created
major problems. The main area of concern is that teachers of primary, middle and
high schools are no longer responsible to the community they serve resulting in
absenteeism. The role of providing checks may be well served kunder the District
Government. Similarly, vocational education promotion would be in better hands
if a similar method is adopted. DEO will be responsible to the District
Government and his performance would be evaluated by District Government.
- HEALTH POPULATION PLANNING: The national health policy envisages
every district to have a District Health Board. This Board would function with
membership of public representatives. (MNAs/MPAs etc). District Mayor and
Deputy Mayor for Health and Population Planning. DHO would serve as the
secretary of the Board. The Board would provide guidelines to the District
Government for health and population planning functions. DHO would be
responsible to District Mayor and Deputy Mayor for Health and Population
Planning, District Government will oversee implementation, assess and monitor
health schemes in the district.
- PUBLIC HEALTH: Provision of clean drinking water and sanitation does not
end with locating and installing facilities. A major problem is to run these
facilities, promote their utilization by the beneficiaries and evolve mechanisms for
meeting recurring expenditure for maintenance. The district government would
be the ideal focal point for coordination, supervision, and implementation of such
schemes. The overseeing role of the district would help remove many of the
shortcomings of the existing system.
- AGRICULTURE: Agriculture extension has failed to produce results although it
has been expanding over time. A facilitating role of providing linkages with the
help of NGOs to the farmers would serve as an instrument for better delivery of
agriculture extension services. In any case ‘khati’ of water channels is being
passed on to the District.
- IRRIGATION: A part from silt clearance of water courses f rid channels; a future
role of the reorganized district government is envisaged in monitoring the on-farm
water management activities which suffer from slow implementation. This role
could be increased progressively as experience is gained.
On the basis of past history, development capability of the provinces has not kept pace with the changing requirements of modern times. The result is obvious — whereas success has been achieved in terms of visible buildings and construction, service orientation, maintenance and measurable outcomes of capital expenditure leave considerable room for improvement. There are several cases of incomplete projects being dragged on from year to year, and projects being killed through under-funding. In other cases mistakes of the past are being repeated due to sheer inertia of the system. This signals a significant failure of the planning process.
The Task Force is of the view that resource use has not resulted in reaching the maximum achievable potential for realization of benefits due to weaknesses in the system: (I) Over-centralization has to be blamed to a considerable extent. (UNDP studies have recommended decentralization and reconstitution of District Development Committees and creation of posts of Additional Development Comnissioners to be filled by technocrats and greater participation of private sector – CC1. Trade Association etc, DFIs, and NOGs): (ii) Gradual erosion in quality of personnel in provincial planning bodies has contributed to his state of affairs (iii) Line Department approaches which lay greater emphasis on process orientation rather than result orientation. Unnecessary correspondence results in heaps o files but does not help improvements. Devolution of authority a the district level would provide a corrective mechanism.
The Task Force is of the view that D.G. may serve as a focal point to coordinate and support new development initiatives at the district level. For example, the activities envisaged in the districts in health, education, population and rural water supply and sanitation under the Social Action programme (SAP) umbrella. Targets envisaged under SAP for 1997-98 are:
- increasing the literacy rate to 40 percent for females and C:6 percent for males.
- increasing overall primary school participation to 87,7 percent and 81.6
percent for girls.
- reducing population growth to 2.7 percent per annum.
- providing potable water to 70.5 percent of the rural population.
- increasing life expectancy for females to 63.3 years a;id for males to 63.6
- reducing infant mortality to 65 per thousand live births.
These ambitions targets require implementation of a wide range of policies and programmes at provincial and district levels in partnership with NGOs. Demonstrated progress in achieving these targets will attract donor support. Therefore District Government would provide the ideal focal point for coordination of SAP, Developmental functions would be the main facet of District Government functions and a benefit to be derived from devolution.
The basic requirements for implementation of SAP are decentralization and mobilization of resources. This would fit into the measure of fiscal autonomy being conceived for the district and a mechanism for creating a well-coordinated environment for achievement of SAP goals. Resources allocated to the district under SAP should be disbursed by the District Secretary/DC of the District. The District Government will set up SAP Coordination Committees at the district level fac litating cross-sector interventions within the district and coordination with Provincial SAP Committees helping the Provincial Government to monitor activities under SAP and increasing achievement orientation of the system. Each district would have an annual set of measurable targets to meet the performance would be evaluated at district and provincial level.
A performance improvement mechanism is recommended for adoption. This would include; (I) mutually negotiated annual targets based on performance indicators between the Provincial and District Governments: (ii) preparation cf annual performance evaluation reports using these indicators and a quarterly reportng system from the districts; (iii) Audit reports based on audits conducted by the Provincial Government through the Auditor General’s office and physical implementation audit by the _Pronvincial Government agencies. Pre-requisite for this mechanism to be successful is re-orientation and training programmes for district offices, prioritization of activities, high level monitoring by Provincial Governments, utilization of telecommunications/information technology for this purpose and progressive induction of NGOs in SAP activities.CHAPTER-I
Command over resources is an essential attribute of Government. Devolution of authority to the districts. Devolution of authority to the districts requires a measure of enhanced financial and fiscal autonomy at that level. Access to resources to the Provinces is guaranteed by the Constitution. Under the existing arrangements all taxes other than those allocated to the Federal Government through Part-I of the Federal Legislative List are assigned to the Pronvices. Additionally, National Finance Commission (NFC) set up under Article 160 (1) of the Constitution recommends apportionment of divisible taxes among provinces. NFC Award is reviewed every five years.
The major potential sources of revenue under the Local Government Ordinances are Export tax. Octroi charges, Local cess. Land Taxes, Property Tax and .royalties local taxes such as Octroi and export tax are usually contracted out. The real potential of local taxes remains largely unknown as no significant effort has been made to streamline resource generation at the local level and reliance on grants in aid h?.s increased.
Since the 1980s financial discipline in local bodies has been on the decline. They have learnt to live beyond their means. Rules of financial proprietary are not followed and local funds are largely misappropriated. Expenditure on personal privileges has risen out of proportion. Sale of assets is uncontrolled and pre-determi::ed criteria are absent. Annual audits are often avoided with impunity although the Looal Bodies Ordinances require such audits and publication of audited accounts. Most of the local bodies survive on grants or face bankruptcy. Even compulsory functions contained in the enactment are not performed.
EXPERIENCES OF OTHER COUNTRIES:
It has been estimated that on average, 15 percent of total government expenditures are financed at the local level in the developing countries and 32 percent in industrialized countries. Some major constraints are the limitations imposed by inability to charge appropriate user fees for health and education, tax areas involved low income groups with minimum capacity to pay and the tax base itself is narrow. Local Governments charging high taxes run the risk of investment moving to low tax areas and usually avoid imposing taxes on industries.
FINANCING DISTRICT GOVERNMENTS
Two important principles to be followed in arranging for finances at the district government level are:
District government tier which would have additional responsibilities should be adequately funded in relation to responsibilities and resources of provincial and federal governments.
Provincial Governments should provide statutory criteria for allocation of funds to the districts. Allocation criteria should be such that each district gets equitable resource allocation.
Judging from the past experience incentives should be created for generation revenues from within the district. These incentives should be prescribed by the Provinces. Revenue generation indicators, keeping in view potential of the district, and achievement, may be constructed and form a part of resource allocation criteria.
We recommend the following financial arrangements for sustained functioning of the District Government:
Financial arrangements for the district government will have to have to be put in place from diverse sources. Broad classification of sources can be made as follows:-
(i) Taxes, fees, tolls, user charges etc leviable under the Local Government Ordinances 1979-80 (allocation to be as suggested in :he model of district government).
(ii) Grants in aid from the Provincial Governments.
(iii) Revenue transfer arrangement with the Provincial Government.
(iv) Apportionment of Ushr collection.
(v) Distribution of Development Funds as determined by the Provincial Government.
(vi) Distribution of Zakat funds through District Governments could also be considered.
Taxes, fees, tolls and user changes are those contained in the Local Government Ordinances of 1979 and 1980. Their scope is also defined in these enactment.
• District Governments would have to be empowered by the provincial governments to collect specific taxes. The Local Government Ordinance may be reviewed for developing a legal framework for local government resourceidentification in a manner that there is no overlapping of responsibilities and resources.
- Grants in Aid to Local Bodies would have to be routed through District
- Revenue generation potential for each district would ht.ve to be worked out
and indicators developed to evaluate performance in revenue generation based
on these indicators which could be incorporated in the criteria to be developed
for resource allocation.
- Development funds reflected in Provincial ADP are allocated to schemes
falling into three categories.
(i) Schemes with province-wise benefits.
(i) Schemes covering more than one district not easily bifurcated.
(ii) Schemes pertaining to the district.
The third category of schemes can be easily reflected in the Provincial ADPs in a segregated form as a first step. District wise allocation of develcpment funds may be based on appropriate criteria to be developed by each province.
- Collection procedure for Ushr may be streamlined. The current system of
collection through Zakat and Ushr Committees has failed collection may be
on the pattern of land revenue. Legislation to assign 50% of Ushr collection
to districts can be undertaken at the Federal level.
- Segregation of budgets for activities to be assigned to the districts and
provincial arrangements for transfer of resources would rave to be ensured by
enactments at the Provincial level. The methodology for distribution may be
on the same pattern as for development funds.
- Provincial Government should retain power to exempt imposition of local
taxes on machinery and equipment for backward areas.
CONTROLLING NON-DEVELOPMENT EXPENDITURE:
No reform would be successful without a favourable macro-economic environment. Control over budget deficit has become an absolute necessity. If non-development expenditures are allowed to rise, the public finances would be destabilized and inflationary pressures would mount. A major area of concern ir>, therefore, to assure controlled non-development expenditures. If district governments are installed as an additionally, the cost of administration would increase and adoption of the concept would not be feasible. Creation of district governments should, therefore be accompanied bysimultaneous curtailment of non-development expenditure by the Provinces and a set of measures to eliminate existing wastage would be put in force.
Substantial economies can be achieved through planned programme of control over non-development expenditure. Recommendations of the Task Force designed to keep non-development expenditure within reasonable limits are:
(i) Elimination of the Divisional tier of the Provinces and relocation of necessary functions within the existing system more appropriately at the District level. Substantial savings would result from this arrangement.
(ii) Replacement of District Councils by District Government. District Mayor would replace Chairman District Council and re-adjustments within the existing strength of personnel would h? carried out without additional recruitment for administrative purpose.
(iii) Utilization of existing office space would be possible. No expenditure would be incurred on new office buildings.
(iv) A planned down-sizing of provincial government including reduction of manpower through attrition and containment of tendencies to add new layers of government agencies in the province would be undertaken. Nonproductive expenditures have to be controlled tnrough exercises of streamlining of procurement; reduction in paper work, simplified regulations and phasing out of obsolete branches o the government.
Additionally, provincial government would include the following provisions in the proposed enactments:
(i) Overall expenditure will be governed by a set of criteria. For example sale of capital assets should not be used to finance non-development expenditure.
(ii) Concessions and rebates provided to contractors collecting local taxes should not be allowed except for force majeure fc; which the authority should vest with the Chief Executive of the Province.
(iii) No deficit budget would be permissible for district gDvernments and local bodies.
(iv) No expenditure outside the budget would be allowed.
(v) All recurring liabilities created by district governments must be matched by recurring receipts.(vi) Limits on administrative overheads would he determined for each district and such expenditure would be capped in real terms. (All items falling in this category to be clearly defined).
(vii) Spheres of activities would be clearly defined to avoid duplication in functions and expenditure.
District Governments would not have the authority to act outside these guidelines which would form part of the proposed law. The impact of measures suggested above would be significant in alleviating pressure on non-development expenditure. These measure would also assist in reducing the existing wastage, minimizing need or additional resources for non-productive use.
Adequacy of monitoring expenditures of the District Government would also be a major requirement, considering the experience of the past. Effective overseeing mechanism would have to be installed, ensuring financial discipline and value for money. The following framework is recommended: –
(i) Expenditure from local taxes, fees, tolls and other local revenue should be subject to audit by a strengthened Local Audit Wing of the Provincial Finance Departments and evaluated by District Public Accounts Committees to be established in each District. Audit reports should be published.
(ii) Funds spent from allocations from the Provincial Governments including grants-in-aid may be audited by the Auditor Genera1 office and overseen by the Provincial Public Accounts Committee. Audit reports to be prepared each year should have public access.
(iii) Physical monitoring of expenditure to assure value for money and to determine the extent to which expenditure were made for intended purposes should form part of a comprehensive monitoring and evaluation mechanism to be put in place by the Provincial Governments.
(iv) Disbursing office would be located in District Secretary’s /Deputy Commissioner’s office who would be responsible for treasury matters as the Chief Accounts Officer of the district.
(v) Sale of public assets and properties would be based on specific criteria and pre-determined procedure arresting the current tendency to sell assets and utilize funds for non-development expenditures.We must recognize the fact that the existing system has resulted in progressive increase in wastage and the new system in designed to remove wastage. Living within means is the basic premise of the district government and devolution concept. It would assist in mobilization of local resources as opposed to the existing top-down approach which places almost the entire burden of resource mobilization on the Federal Government.
EXISTING PROVINCE-WISE DISTRIBUTION OF DIVISIONS AND DISTRICTS
PROVINCE/AREA NO OF DIVISION NO OF DISTRICTS
A. Punjab 8 j.’j
Sindh 5 21
NWFP 8 21
Baluchistan 6 26
Sub-Total “A” 27 133
B. FATA – 7
Northern Areas – 5
Islamabad – 1
AJ&K – 5
Sub Total “B”
Total 27 121
* Areas other than those covered by Administrative Division. ** Source: Ministry of Local Government & Rural Development.
NUMBER OF LOCAL BODIES (1993-94) (PROVINCIES)
Municipal Corporations 13
Municipal Committees 151
District Councils 108
Union Councils 4268
PROVINCE-WISE NUMBER OF UNION COUNCILS
Other Areas 297
Grand Total 4565
Source: Ministry of Local Government & Rural Development.
SUMMARY STATEMENT OF LOCAL BODIES Fl NANCES 1992-93 (RS IN MILLION)
(All Provinces) Number Total Income Total
Municipal 12 5097.96 3475.20
Municipal 146 5372.15 5345.49
Town Committees 314 1502.40 1641.70
Cantonment Boards 41 1683.18 1610.27
District Councils 93 4034.48 ‘-023.69
Union Councils 3873 801.73 541.75
GRAND TOTAL: 4.479 18,491.92 18,638.10
Source: Ministry of Local Government and Rural Development.
Based on budget estimates received by the Ministry. Numbers of local Bodies will not tally due to non-reporting.
ESTIMATES OF ANNUAL EXPENDITURE; ON COMMISSIONERS OFFICES, STAFF AND CONSUMABLE
(Rs in million)
Punjab 142.5 (B.E. 1993-94)
‘Sindh 38.9 (Revised Estimates 1992-93)
NWFP 23.7 (B.E. 1993-94)
Balouchistan 18.53 (Approx).
Commissioners: 223.63 (Approx).
* Figures derived from Non-development budgets of the Provinces.
** Include establishment of Divisional Commissioners and consumables.
INDICATIVE LIST OF OTHER
DIVISIONAL OFFICES WHICH CAN BI
DOWN-SIZED FOR SAVING
- Public Health Engineering.
- Animal Husbandry.
- Road, Highways and Bridges.
- PWD Buildings.
- Local Fund Audit.
- Excise and Taxation.
- Civil Defence.
- Physical Planning Housing Urban Town Planning.
- Labour and Manpower.
- Rural Development.
- Local Government.
Note: The Provincial Budgets are not structured to provide division.™! details of expenditure, but it is expected that selective removal of divisional offices will result in saving exceeding Rs 350 mil/ion as a conservative estimate.
ESTIMATED ANNUAL NON-DEVELOPMENT EXPENDITURE ON SELECTED SERVICES (1993-94)
Estimated Expenditure Annual Expenditure
(Rs in million) per household (Rs)
Primary Education 13436.812 728.8
Hospitals & Dispensaries 6728.00 364.0
Police 10,512.357 570.0
- Expenditures do not include those incurred by Corporations ar,d local bodies.
- Primary Education and Hospitals and Dispensaries exclude Administrative
Overheads of the Sectors as a whole.
- Police Expenditure includes provincial expenditures, expenditures on Islamabad and
Civil Armed Forces.
- Source: Non-Development budgets o the Provinces and Federal Government for
1993.”You will no doubt agree with me that the first dun’ of a government is ro maintain law and order, so that life, property and religious beliefs of its subjects are fully protected by the State. — One of the biggest curses from which India is suffering is bribery and corruption. That reallv is a poison. We must put that down with an iron hand and I hope that vou will take adequate measui ?s as soon as it is possible for this Assembly to do so. Black marketing is another curse — Along with n:<.iny other things good and bad has arrived this great evil – the evil of nepotism and jobbery.
Quaid-e-Azam Muhammad AH Jinnah
Excerpts from Presidential address To the Constituent Assembly of Pakistan
11th August 1947.
In staging a retrieval from the malaise that has affected ur> and laying foundations for the future, our focus cuts across the ordinary person, and persons who hold positions of authority and power, person who influence the society, persons who control economic assets, persons who have acquired education, all those who call themselves Pakistani. Among ordinary persons are the villagers and the urban poor, the kissan and the factory worker, primary school teachers and nurses, mothers and children, students and the youth. The other categories of persons are well known and need not be specified.
The vision for humane and caring government calls for development of a partnership between the government and the governed enabling citizens to facilitate their own self-development. Quality of our human factor has to be raisec by freeing it from an unfair system and moving it towards a competitive and productive system. These are obviously, long term goals. A number of measures for improvement are recommended.
Corruption is a serious problem in many countries and it has become a way of life with local variations and manifestations of various forms of corrupt practices. Corruption disorts decision making and has a negative effect on administrative performance and political and economic development. In our country little social :;tigma is attached to bribery and corruption. It has almost become acceptable as a way of life. Those who do not follow this path face untold hardships, civil servants find it jifficult to survive on meager salaries. The strongest deterrent against corruption is peei pressure and fear of public ridicule which has weakened over time.
We recommend that a number of measures may be taken for minimization of corruption in our society.
(i) A conscious policy of recution of discretation any authority may be adopted with simplification of procedures, rules and regulations. All Government Divisions, Departments and other organizations may be instructed to undertake this exercise and submit proposals which should be examined by a committee, consisting of persons ri;)t directly concerned with the Division, Department or Organization involved.
(ii) The National Pay Commission may be instructed to work out a plan for salary structures which take into account private sector salary structures, cost of living and the level of responsibility of government servants. It is better to have fewer but reasonably paid employees. The cost of undertaking such a step would be outweighed by benefits. Tax collections would improve, project costs would decline even ,f the step results in covering 20 percent of the corrupt officials to those with integrity. Recognizing resource constraints, a plan of action covering a longer time span may be prepared to stay within means.
(iii) Greater transparency can be achieved if a po’icy of progressively increasing public access to records is adopted. We could start with such things as waiting lists for telephone connections, revenue records of the patwari to more records of a more serious nature with the passage of time.
(iv) Known cases of corruption and nepotism should attnict punitive action to serve as a deterrent. Corruption thrives due to the, fact that corrupt with resources survive, and those without means who are wrongly involved get punished. The best way to deal with the situation is to set examples by increasing the risk involved in corruption. An Anti-Corruption Commission may be set up comprising well known personalities with integrity to oversee functioning of anti-corruption bodies.
EQUAL OPPORTUNITIES FOR WOMEN
Female population constitutes half the total population of the country. It is unfortunate that their potential as productive member of th>: society has been underutilized. Women suffer from a sense of deprivation and expect equal opportunities in social, economic and political fields. Removal of gender imbalances require affirmative action. Bangladesh successfully raised well paid employment opportunities for women through its export-oriented booming garment industry allowing women to be self-supporting and productive members of the society and curtailing tendency towards early marriage.
Quite apart from long term goals of education for women and improvement in health facilities envisaged in Social Action Programme a number of measures can be taken:
(i) Community based services may be strengthened at the grassroots level through a well conceived programme in rural and urban areas with participation of NGOs.
(ii) Day-care centres may be established in the urban areas, freeing women to look for jobs and participate in social and political activities.
(iii) Women’s courts may be established and NGOs providing legal aid to women may be established and a review of discriminatory laws and Hudood Ordinance may be carried o9ut within the concept of justice in Islam.
(iv) Recruitment of qualified women in public sector organizations may be made mandatory and an affirmative action programme may be launched in the private sector.
(v) A programme for vocational training of women nay be launched in modern fields such as electronics, computer operation, data communications, garments, designing and assembly cf small appliances.
(vi) Industries with potential for greater participation of women such as garments, electronics and pharmaceutical may be promoted for increasing exports. Export oriented would have greater potemial for providing jobs opportunities.REMOVAL OF POLICE EXCESSES AND BRINGING IN JUSTICE AT THE DOORSTEP
People’s complaints against police excesses have reached an all time high. Police is supposed to provide a public service but is avoided like the plague. Except for conditions of extreme of distress no one whishes to have to do anything with it.
The police carries a bad image since pre-partition days largely because there has been no change in their attitude towards the citizens. Policy excesses occur by way of rudeness, refusal to register complaints to avoid showing high crimf; rates and shrinking investigation, illegal detention of suspects and their relatives, use of torture to extract confessions, granting of rewards by obliging magistrates, misuse of oreventive detention laws, slipshod and unscientific investigation, fabrication of cases, for harassment for personal reasons or political rivalry and corruption. Front line Police personnel are low paid workers caught in a down-ward spiral of expansion in police force and declining real wages. The major task is to address problems and correct the image.
Participation of community in police administration (progressive introduction
Definition of basic human rights and their display at po’icy stations.
Encouragement for establishment of NGOs to act to provide legal aid.
Introduction of district Ombudsman.
Future recruitment of police may be restricted and be from within district.
Training of police force on legal and human rights aspects should be carried
out on a large scale.
Reasonable legal emoluments for policemen to curtail the incentives for
corruption may be adopted as a long-term goal.
Establishment of citizens committees with authorization to visit jails and
monitor crimes may be encouraged.
Prevention of arrest without warrants.
District police may be responsible to District Government for its performance.
Screening out of known unscrupulous elements in the police may be taken in
In 1961-64 a village police experiment with expanded powers for detection and prevention of crime was tried in six districts of the country. Village chowkidars were trained and posted with honoraria and uniforms. The honoraria wa1- paid out of surcharge and land revenue so as not to burden the exchequer. The scheme was a success but was never replicated. We recommend that this concept may be tried again.
Village conciliatory courts have proved useful in lowering to number of cases to be referred to higher judiciary. We recommend setting up of conciliatory courts known as ‘Peace Courts’ foreigner offences and claims in the villages and in the urban wards.
The Executive Committee of the Supreme Court Bar Association has made some recommendations which we feel would assist in moving towards justice-at doorstep. Major recommendations are:-
(i) Vacant positions of Judges of the Lower and Superic r Courts may be filled
to meet the increasing load of work; (ii) Number of Members of the Judiciary allocated to c.ich District may be in
accordance with the work load; (iii) Bar Rooms and Libraries may be equipped with standardized
paraphernalia; (iv) Corruption among the lower judiciary may be weeded out through
appropriate revisions in pay scales and the salary structure; enforcement of
anti-corruption laws and exercise of vigilance by the Superior Judiciary; (v) Court fees in Civil litigations may be reduced and charged at one stage
A comprehensive list of measures has been prepared to move from a system which makes jails places of dumping social refuse to a system designed to make them into corrective facilities in accordance with Islamic principles. Lis of these measures is appended as Appendix to this Chapter.
HOUSING FOR THE HOMELESS
The 5 marla and 7 marla schemes form part of the programme for providing homes to the homeless meeting one of the basic needs the people. Mousing is primarily a long term need and should be treated as such institutions that facilitate provision of housing to the public will doubtless fulfill a need that is keeping urban and rural citizens in an uncertain frame of mind. Our courts has failed to develop mortgage banks which if established would provide hope to large number of people.
We recommend continuation of 5 marla and 7 marla …. For providing land to the homeless. The Task Force feels that mortgage bank should be sel up on a nationwide basis in private and public sector to fulfill a long standing need for housing finance.
CREDIT FOR THE RURAL POOR
Poor among the rural suffer from the age old vicious circle of “low income low savings, low investment low income.” This vicious circle can be broken and reversed with access to credit.
Success story of Bangladesh’s Grameen Bank is cite which now covers 28,214 villages and is owned by the beneficiaries themselves and …. / recovery rate of 98 percent. About 93 percent of the beneficiaries are women.
The process adopted is that landless men and women must rorm themselves into groups of five members n order to receive loans, for which so collateral is required. The
members must be from the same socio-economic background owning not more than half an acre of land are provided loans for income generating activities covering livestock and fisheries, processing and manufacture, and trading, Housing loans are also provided. The First loan is provided to two members out of five, the three remaining have to ensure proper utilization and repayment of this loan before they are given oans.
In our rural setting the same concept can be replicated for those owning less than 5.0 acres of land in groups of five for a range of income generating activities such as fish farms, honey production, vegetables production, food processing, handicrafts and garments.
We recommend setting up of a Kissan Bank with private sector partnership and government holding on the same pattern, with a aggressive rural credit programme. Members provided with loans who successfully pay back their loaiv; should be entitled to become share holders. The bank should be run on strong professional lines with poverty alleviation focus for the rural areas.
IMPROVING QUALITY AND EFFICIENCY OF PUBLIC SERVICES
Meeting expectations of the people requires continuous improvements in the working of the Ministries, Departments and Organization, upgradation of management and administrative systems and keeping up with the technological changes, all directed towards efficiency goals. We seldom focus on efficiency or raising productivity Federal and Provincial agencies which deliver services to the people need to create public service programmes with specific targets to improve quality of service, set standards to be followed from year to year and formulate principles to govern provision of services.
Some organizations falling into this category are WAPDA, Pakistan Telecommunication Corporation. Pakistan Postal Services Corporat on, Central Board of Revenue, Pakistan Railways and other federally run Organizations, Provincial departments which deal with the ordinary persons, giving out licenses, permissions, N.O.Cs, receipts, and services such as health and education fall ir. the same category. Organizations such as these tend to pass on their inefficiencies to the public in terms of higher costs, delays, breakdowns, unnecessary waste in visits from members of the public and increased burden on the economy. For example such agencies should:
- Evaluate the existing situation and identify the most pressing problems
faced by the public.
- Fix measurable targets and standards and measure results amongst them
- Undertake fixation of performance criteria based on the existing bench
- Make information services and public complaints system easily accessible.
- Handle inquiries and deliver services with courtesy.
• Provide compulsory mechanisms for redressal ot complaints of poor
The agencies should identify their clients, determine existing level of public satisfaction in delivery of services, work out an action plan for short term and longer term improvements and publish such action plans.
The agencies should set quality standards for the clients and display them for their clients.
The clients will have a right to complain to the Ministry/Department concerned if the Charter in public display is not followed. All such agencu1:; should maintain a complaints cells and provide quick redressal of public grievances. Number of complaints should be recorded on a region wise basis to help assess performance of the officials dealing with the region.
We recommend that a directive should be issued to the concerned Ministries in the Federal Government to setup such systems and Chief Ministers jf the Provinces may similarly be addressed to ensure pursuance of these objectives at the provincial level.
A nation wide training programme for government may be launching utilizing existing institutions such NIPA PIM administrative Staff College for setting public service standards and bringing in change in attitude of government servants. At the Federal level Management Services Division may serve as the coordinating body for such programmes and at the Provincial Government level Services and General Administration Department may perform this task; Frontline government servants may be given priority in training for reorientation.
IMPROVING RESOURCE USE IN DEVELOPMENT
Development efforts have been traditionally concentrated on providing buildings bricks and mortar but focus on provision of services for which the buildings were constructed has remained weak. Our economic future would depend to a large extent on the quality of services which can be delivered to the people. For example, it has been established that improvements in access to markets, providing electrification, improving health and improving literacy levels raises productivity, Farm-to-market roads or link roads which cannot be completed due to their spread of resources will not provide benefits. Rural Health Centres without doctors in attendance a ad without medical supplies will not improve health. Primary schools without teachers serve no purpose. Agriculture extension field offices without trained field assistants and necessary resources will not help in raising productivity. Service and maintenance orientation has to be built into the system for it be effective. Human resource development has to be provided the priority it deserves. Ministry of Finance and Finance Departments of the Provinces should spend their energies on new ideas for resource generation, better allocation and promotion of financial discipline. Rigidities that prevent doctors from
serving in rural areas or slow down introduction of modern managenent practices have to be done away with. Similarly maintenance of assets created ihrough development programmes warrants priority to conserve what has been achieved -vith scarce resources.
The system as it exists today is inefficient and illogical. It results in wastage which our country cannot afford. We recommend :-
- Overhauling of the Planing and Financing mechanisn at the Federal and
Provincial level to make it more achievement oriented.
- No small project should go beyond five years implementation span. Those
responsible for planning and financing should be made directly responsible for
time over runs because it signals a planning failure.
- Scheme for RHCs BHUs, Primary Schools should include implementation of
staffing and provision of material required for full service delivery for one
year in the cost of the scheme and should not be considered as completed until
it is actually delivering the services it is meant for Provisions for their
maintenance should be automatic. Budgeting exercise should this feature as a
- Maintenance should be made mandatory and fbical allocation for
maintenance should be assured.
- Monitoring and evaluation functions at Federal and moi; so at the Provincial
levels should be strengthened with seriousness and with commitment.
- Indicators giving weightage to delivery of service should be built into the
- Planning and finance functions should be performed by ‘.he most professional
competent and qualified personnel even if it involves higher cost. The savings
and benefits from professionally competent teams in the Planning and Finance
Ministries and Departments would far outweigh the cost of running these
- A survey of facilities should be undertaken in each province to determine
requirements of (I) Repairs and maintenance, neede-c. for RHCs, BHUs,
hospitals, dispensaries, primary schools high schools, water supply and
drainage systems etc; (ii) Personnel according to laid down standards and (iii)
utilities of road links needed to improve these facilities.
- Spot checks may be carried out to determine the extent of absenteeism of
personnel in these facilities.
- Provincial Governments may undertake an exercise to determine the extent of
salary differentials required to provide incentives to oersonnel to move to
REWARDS FOR FRONTLINE WORKERS
Recognition and rewards for those who demonstrate excellence in public service are considered an integral part of improvement of administration. These rewards would be for people who are provided with meager incentives to serve the public. Such rewards
from pane! o: r.ornir.av.or.s. N:~.-i:::-5 ~^”: :-e .-..’..^:t- :_• ;; — .-. r.~c? :;—.;„ .- c^;. District comprising prominent c:::zer.s. r-::e;s::r.i.5 ^r.c pu?.;c .epresentatives. Three categories covering urban areas, srr.al! :c”ATis and i.bges are suggested. These awards to be known as Prime Minister’s Awards ma> be gi en to the rbilowng:-
- Primary school teachers.
- High School teachers
- Police constables
(6) Health workers. Doctors, Nurses
(T) Agriculture extension workers
- Clerks and Lower Staff
- Other Public Workers.
Decentralization cannot stop at the District level. The D:strict level has been chosen as the pivot since most of the Development and Administrative Departments are concentrated at this level. The devolution of powers must extend to the Union Councils and to each Ward of the Union Council. To this end a formal link will be established by combining the office of Chairman, Union Council and Member, District Council in the same person and connecting the District Governments and Urban Local Bodies who will elect representatives to the District Government.
No society has succeeded in providing basic services to its people without a formal representative system of local self government. Democracy and nation building cannot succeed unless the people of Pakistan have a stake in the country. Power in Pakistan may have changed hands but has remained within the same elite as in the days of the Raj. Devolution to the people of Pakistan can only be postponed at the cost of national consolidation. Political democracy, economic developmer; and national security are national imperatives which have guided the deliberations of the Task Force. All three require the transfer of power to the people without further delay.
DETAILS OF JAIL REFORMS
A. FACILITIES FOR PRISONERS WITH ISLAIC CORRECTIONS
Treatment meted out to prisoners, women and young offenders reflects the extent to which a country can be classified as welfare state. Changes designed to remove the current status of prisons from dumping ground for social refuse to that of more Islamic Correction facilities will require a set of measures, which would have considerable impact. A time table of implementation and privatization of these measures may be earned out by the Ministry of Interior:
(i) A character indicating rights and obligations as under Rule 64 of the Prison Rules, as well as duties and privileges has been prepared by the Central Jail Staff Training Institute for display in the main gate of every prison of Pakistan. Copies of this Charter in the form of a booklet be given to al the prisoners so that they know their duties and rights. They be asked to shape their behavior in accordance with the Charter. Booklet may be deposited back on release.
(ii) The Pakistan Penal Code and other penal laws be modified to make rigorous imprisonment as Reformative Rehabilitative/Resocializing Imprisonment to convert prison houses as Correction houses on Islamic lines.
(iii) Appointment of (I) Psychiatrists (ii) Sociologists; (iii) Social work and (ivO Religious experts be explored in all the four Inspectorates and all the Central Prisons.
Quality and shape of the convicted prisoners unilorm be improved to inculcate in them the feeling of self esteem. More uniform items be allowed on private account.
(v) “Charpoys”‘ be provided in all prisons to all the undertrail inmates and to all such convicted prisoners who have good character and behavior. Some arrangements have been made in Central Prison Lahore and for women inmates in the Punjab, Special steel decking berths, similar to those in the trains, be provided to the prisoners so that they do not sleep on the floor. Raised type of berths with better mats be provided to all the other prisoners. Immediate arrangements for supply of Charpoys be made for women and juvenile inmates.
(vi) Effective steps be taken to ensure the supply of bet;er food of nutritional value to the prisoners. Pilferage of ration and supply of substandard food be curbed through vigilant supervision of stores and t.ie kitchen.
(vii) Better environment may be introduced. Items like linen, crockery, cold water, fresh bathing water and treatment be given to educate the victims of drug addiction and prisoners not involved in serious crimes and sentenced for acts such as petty offences or local disputes etc. Electric fans and appropriate recreational facilities be provided to them to lessen their fatigue and boredom.
(viii) Religious inculcation and religious practice be made compulsory to fulfil rule 679 of prison rules so that fear of Allah is generated in the prisoners minds. All efforts be made to ensure that controversial issues are not raised at the forums of religious instruction. NGOs must be encouraged to provide courage to all the prisoners in religious educr.tion and practices.
(ix) Old industrial units in the prisons be replaced by new ones. New, other than traditional, industries be launched in the jails on “small scale industries” level. If possible assistance of the Ministry of Production and Industries be sought. The NGOs and foreign investors be attracted to utilize prison labour productivity. The prisoners n’ust be paid nominal wages and undertrail be allowed to work on full wages. Technical training centres may also be established.
(x) Dry toilets be replaced with modern flush system WCs. No under trail should be engaged in any labour specially in sanitation. Jail accommodation be expanded progressively to eliminate over crowding. Old buildings be repaired and modernized. More cells and barracks be constructed on existing space in prisons to improvise better berthing facilities in summer and winter.
(xi) Better linen, blankets and clothes (added with private blankets and clothes) be ensured for prisoners to be washed at regular intervals. Disinfestation and regular fumigation be ensured to check the spread of infections diseases through blankets and bedding.
(xii) Improved health services including periodical vaccination be provided to the prisoners. Each jail be equipped with x-ray plants and dental treatment units. Outside physicians and health experts be engaged to visit jails regularly. Patients suffering from serious or transferable diseases be kept away from the healthy prisoners and the lunatics be placed under the custody of psychiatrists.
(xiii) Separate Federal Jails for prisoners received from FIA, Federal Courts, smugglers, heroin pushers, person court martialled in espionage etc, be launched under the direct supervision of the Ministry of Interior, Islamabad on the pattern of other federal nations.
(xiv) District Medical Superintendents and the Jail Superintendents be engaged in a mutual exercise of keeping an eye on the jail hospital so that no malpractice of issuing fictions medical certificate is permitted to accommodate shirkers and the moneyed prisoners.
(xv) Separate prisons be created for (I) lunatics (ii) hardened, habitual and dangerous criminals with seditious mind (iii) army deserters (iv) internees and (v) foreign prisoners.
(xvi) Hardened criminals, habitual, repeaters and prisoners of moral turpitude be kept away from other prisoners so that their evi! influence is checked from spreading. Undertrail prisoners may never be allowed to mix up with the convicts in any case.
(xvii) No plans ere ever lanced to reform female prisoners. The enormous psycho social aftermath of females imprisonment must now be focused on.
(xviii) Although no scientific survey has been conducted in Pakistan on narcotic trafficking, the problem warrants a special mention here. Five to twelve percent jail inmates are reported to be drug addicts. In some cases the jail staff specially of lower ranks was also found involved in this menace. Special efforts are need on the part of the anti-narcotic agencies to tackle it at the interview sheds and on the return of remand inmates from courts.
(xix) Another problem warranting special mention is that of the political prisoners. The Government has made no special arrangements to house them despite Rule 231(vO of the PPR which provides that political prisoners shall be kept separate from al other prisonei 3.”
(xx) A phased programme be launched to convert the existing Central and first class District Prison houses into “correction houses ‘. The other smaller prisons be developed into modern custodial house:- Every Tehsil/Taluka should have a sub-jail under the Prison Department to house the undertrail to save recurring state expenditures.
(xxi) Voluntary prisoners welfare associations be formed in each jail with the maximum participation of jail inmates, jail staff and the provincial departments of Home and Social Welfare. Correctional Association of Pakistan (CAP) be established as the NGO to properly coordinate correctional facilities throughout the country.
(xxii) Compulsory education of prisoners may form basis of prison reforms under Rule 679. Prisons appearing in various examinations be encouraged with maximum facilities. If feasible, examination centres be created at big jails during the examination sessions.Case-work and therapeutic methods be employed in each Central Jail with the help of professionally competent and qualified social researchers and sociologists psychiatrists to provide a sound basis for prisoner reform.
(xxiv) Agriculture and use of farm machinery be taught to the prisoners from rural areas so that they could contribute significant’y to the development of Pakistan’s agricultural sector after their release.
(xxv) Lavish temporary parole facility be given to the prisoners on Indian pattern for attending their cropping business and family functions. 1G Prisons may frame suitable rules facilitating releases of parolees against firm surety bonds etc.
(xxvi) The CH (Council of Islamic Ideology) and the Federal Shariat Court held that the wives of the prisoners had a right to meet Ueir husbands in jail in privacy. IG Punjab (Prisons) be asked to make rules in this behalf.
(xxvii) Bails be liberalized and the disposal of pending cases be speeded up to lessen over crowding in jails. The under trails serving jail as undertrails for crimes punishable for less than seven years oe given the right to automatic bail after six months. Igs may be asked to frame rules for this purpose and provide immediate relief to prisoners filling in this category.
(xxviii)Prisoners be allowed to buy some items of their daily use from their own resources from subsidized canteens of Utility Stores Corporation within the prison premises consisting of eatables and other daily use items.
(xxix) Excessive use of bar/chain fetters be considered by Inspectors General of Prisons a failure of the prison Superintendent to maintain routine discipline. Other punishments are UN Islamic. They must be done away with and these punishments be given only when persuasive inculcative and indoctrinate therapy has failed. A beginning be ms.de immediately. The official and non official visitors to the inmates rr;iy keep any eye and record their observations in the Visitors book about’, excessive use of bar letters. Human rights and civil liberties exponents as well as the Amnesty International have always seriously objected the use of bar/chain fetters or prison punishments without due process. Islamic Shariah also negates use of fetters as in Kitab ul Kharaj and Daarul Mukhtar.
(xxx) Fill medical cover and care be allowed to al expecting mothers in jails. No labour of any kind be taken from them in any circumstances and they be allowed to keep their new born baby with them for a maximum of six years if they so desire. They may also be given the choice of handing the baby over to a person of their liking. The baby may be given medical and
nutritional cover protection. Paroles for delivery oulside a jail may also be made. Necessary rules may be made for this purpose. Female undertrails should not be kept in police lock ups under any circumstances. Their children be taken to day care centres in outside schools.
(xxxi) All the long term prisoners other than those serving life terms, who have completed their substantive prison term of above 7 years with good behaviour and have to serve the last six months in prison be released on automatic parole to return to their homes to arrange their rehabilitation. This rehabilitation work may be supervised, also supplemented where necessary by the respective prison authorities through Social Welfare Officer of the prison.
(xxxii) Full facilities be provided to the relatives, friend,- and interviewers in widened sheds eliminating malpractice of al sorts through the NOVs and the Prisoners Aid Societies further activating them.
(xxxiii)Undertril juvenile delinquents be tried by special courts preferably
presided over by female Judges magistrates. The idea of covering special
juvenile courts be examined. Relief work of a ver specialized nature be
carried out for juvenile and female prisoners with the help of Prisoners
Aid Societies. The concept of prisoners welfare through objective
rehabilitative work be given priority. Females or juveniles who have been
given deserted by their families after their convection be given moral
patronage for their rehabilitation. i !,
(xxxiv)The following measures may be taken to Islamize the Pakistani prisons:-
- Liberal furloughs be granted to prisoners classified as young husbands to visit
their homes on prescribed intervals on temporary parole.
- There should be a Central Mosque and sub-mosque in each circle in each
prison. Congregational prayers be encouraged in prisons. While there is no
administrative difficulty in offering Fajr, Zuhar and Asr prayers in
congregation, the Maghrib and Isha be offered in congregation barracks for
which adequate arrangements for ablution (wuzu) and Ghusal (bath) be made
on priority basis. Non controversial religious techings be given to the
prisoners through qualified non sectarian religious scholars. Every Muslim
inmate should learn Namaz by meanings and should be taught Haqooq-ul-
Ibad. Every inmate should learn the Quran by meaning who stays for 6
months or more in prisons.
- All possible efforts be made to allow every prisoner to enhance his level of
religious and traditional education. Non-formal education may also be given
specific attention to promote literacy among inmates. The jail libraries be
adequately equipped with suitable religious, scientific and general books as well as material. Amendments made in the rules on inmate education with liberal remission be adopted in other provinces forthwith;
- Special meals of greater nutritional value be given to th? prisoners during the
month of Ramzan and until slightly after. Prisoners demonstrating discipline
and obedience be allowed to visit their homes on Eid-ul-Fitr. Special surety
bonds for this purpose be evolved and requisite rules be made;
- Zakat administration be asked to send at least one prisoner from each province
to perform Hajj Selection be made from amongst thos; prisoners who have
almost completed their jail term with full regard to the jail rules and without
any breach of administrative orders in jails. This will allow thousands of
prisoners to discipline themselves in accordance with jail rules. After return
from Hajj, the prisoner be released formally;
- Zakat Baitual Mai and usher funds be utilized to help the families of the have
nots and poor inmates who may be without subsistence or social support.
Special attention be given to the continued education of such inmates
(g) The educational facilities provided by Quran Correspondence School Lahore/Hyderabad with examinations for remissions, religious inculcation imparted by Jamiat Taleemul Quran Trust Karachi/Lahore, welfare by Khawar Zubair Trust and Burney Trust etc must be encouraged in all Provinces. Educational remissions allowed in the Punjab be allowed to inmates in other Provinces, as well;
(h) The voluntary teachers of the Jamiat Taleem ul Qura:i Trust International Karachi be fully equipped from Zakat funds to accelerate inmate education for at least 12 hours daily in two shifts with much honoraria according to their performance assessed by Quran Correspondence School examinations;
(i) Central Jail Staff Training Institute be given all facilities to commission enough literate long term convicts as Naib Moalam-us-Sijjan; and
(j) All the Inspectorates Prisons should have Head Kh.neeb (BS-18) every Central Prison should have BS-17 Sr. Khateeb and lsl Class District Prison should have BS 16 Khateebs to re-inforce Islamic education in light of the constitution.
B. OTHER ADMINISTRATIVE MEASURES:
The following measures be urgently taken to facilitate the prison system:
Each District should have its own jail. No new district should be created
unless a proper jail has been constructed for it within one year. Land be
allocated with the notification of new District.
Cemented, protected and pucca jails be constructed in each district. Modern
living facilities such as flush Wcs. open parks, rrosques, library and
sitting/recreation room be added to each prison.
Each Inspector Prison should have emergency service staff under them to
provide convenient services to respective prisons.
Each Inspector General of Prisons in Pakistan be equipped with its own PWD
so that all necessary work of repairs, construction and remodeling of the
prisons is carried out regularly and as per requirement. Jail labour be used for
carrying out construction work. Problems of over crowding and proper
segregation of various types of prisoners be overcome through these
construction activities. ADPs of each province need to attach special attention
to prisons and adequate funds be allocated. New buildings be constructed at
places where it has become necessary for this purpose the IGP and PWD may
Courts be requested to furnish copies of judgement in case of each prisoner
and the jail staff be asked to read these judgements carefully to acquaint
themselves with the background and offence of each prisoner.
A committee comprising SP. DC, D&S and the Jail superintendent be formed
with the sole view of disposing the cases with maximum speed so that the
number of undertrails is reduced as far as possible. The committee be asked to
meet the undertrails with regular, frequent intervals.
More powers be given to the Jail Superintendents so that ihey could exercise a
better control over their staff. They be given adequate powers to tackle the
deserting and defaulting staff effectively like police and Army.
(h) There should be prison Mohtasib to conduct surprise visi’s of jails to listen to inmate grievances to settle the same on the spot. Prison staff of corrupt practice, mismanagement and uneven deals be also adjud;cated on the spot.
C. PRISON SECURITY:
The following steps be taken to face prison security problems of escapes, breaks, strikes etc:-
Prison to face emergencies on l.Gs direction instead of Police action in
(a) There should be an emergency squad under the I.G. P’isons at each Central Prison prisons:
- Walkie talkie sets be provided to jail staff. Proper transports, closed circuit
TV. Electrified barbed wire and adequate arms be provided to the watch and
ward staff of the prisons so that recurrence of events of breaks and escapes are
minimized, if not eliminated totally.
- Police department be asked to remain alert and available to render all possible
help to the prison department in the event of any emergency. IGS Prisons be
given adequate quota of funds to collect intelligence information on prison
security, escape and break plans etc.
- All semi security judicial lock ups in the provinces be remodelled and security
wise reshaped to become sub jails under the priso.i system. This will
contribute significantly in reducing security hazards involved in transporting
the prisoners from jails to the courts and back and also will save undertrails
from police excesses of sub human carriage.
- Existing security rules be applied more strictly, efficiency and rigidly in the
prisons. Steps be taken on top priority basis to segrega.e the prisoners on the
basis of their category of crime and personal behaviour. Strength of security
and watch staff of each jail be increased progressively to lessen the burden of
D. PRISON STAFF WELFARE
No prison reforms can be ushered-in without improving the;’lot of prison keepers. Prison services be brought out of long neglect with following steps:
Upgradation of the post of Senior Assistant Superintendent Jail equivalent to Inspector Police in BPS-16 after 7 years service;
Upgradation of the post of Deputy Superintendent Jail equivalent to Deputy Superintendent of Police/Assistant Superintendent of Police in BPS-17;
(iii) Upgradation of the post of Superintendent. District Prison in BPS-18 equivalent to all the other departmental heads of district level;
(iv) Upgradation of the post of Superintendent. Centic.l Prison in BPS-19 equivalent to Divisional Heads:
(v) Creation of the post of D.I.G. Prisons in each Zone in BPS-20 euqivalent to police ranges;
Inspector General of Prisons be upgraded to BPS-‘:1 in the Punjab and Sindh Provinces and in BPS-20 in other provinces ecuivalent to the Police in light of the recommendations of different Committees;
All the Officers of the rank of Assistant Superintendent to Inspector General of Prisons need batman and complete residential facilities at par with police and Army to reduce their frustration;
(viii) There should be higher training facilities for all the Criminal Justice staff, specially for police and prisons under the different University Departments of Sociology with diploma in Criminology. There should be a National Criminal justice college under the Ministry of Justice. The syllabus of this college may be based on criminology, prevention of crimes, criminal adjudication, treatment of offenders and Islamic measures to achieve crimelessness. The syllabus also shoulo stress human rights, civil liberties and rule of law. It may be located somewhere in Lahore because many of the training establishments and higher institutions are in this city. The prison staff, police officials and prose:ution personnel may be given educational long leaves for continued education at this college. After attaining certain education the concerned ofricers/staff should get next higher scale;
(ix) There should be computer facilities for the prison siaff to keep pace with the time. The biggest problem is being felt for repeaters. No proper record is maintained with the police. If there is a Computer record with each prison this will facilitate to locate such repeaters for their proper treatment. It will also be convenient for daily locking/unlocking as well as instant computerized information to courts for identification and proper adjudication purposes.
(x) Working conditions of the prison staff be bettered thorough allocation of additional funds for hazardous occupation allowance, overtime and cash awards. Channels of promotions be increased on better performance. Administrative positions in jails be upgraded suitably at par with similar staff and heads of police and other nation building departments;
(xi) Proper education of each jail employee in morality, honesty, truth and ethics be arranged through the CJSTI/Academy. The Islamic concept of Halal and Haram be made very clear to the jail authorities so that they desist to involve themselves in immoral and anti-stet’e act of “rishwat”;
(xii) None be appointed on the job as direct recruit with pre-service/initial course at CJSTI Academy. None be confirmed or promoted to the next rank except successful completion of in-service promotion course;
(xiii) Each member of the prison staff be given a proper residential unit of his entitlement in the closest proximity of the jail. Proper educational, recreational and medical facility be arranged the welfare of the children and wards of the jail staff;
(xiv) Ample chances of promotion to higher positions and better grades be given to employees with remarkable performance and higher education. The number of Chief Warders, Assistant and Depu’y Superintendents be increased significantly so that the pressure of work is decreased and the right performance of the Assistant Superintendents ,s enhanced. Two and not one Assistant Superintendents be posted at nignt duty. There should be Senior Assistant Superintendent in BPS-16 as in the Prisons Act 1894. The night watch staff also needs to be increased so that no security problem confronts or defies the jail administration.
(xv) Prison services are purely pro-convict and inmate sympathizer human and social re-educative services. Only persons with the background of jail superintendence can run the prison department on higher ranks with efficient control. Persons without experience in jail administration can neither administer the department nor can they offer adequate training on the job of corrective direction to the jail officials as in the UN Rules.
(xvi) Foreign training and exchange visits to SAARC countries as well as Islamic national will be most impactful for the officers of prisons joined by the faculty members of CJSTI to improve prison system of Pakistan on comparative lines. Immediate arrangements be made with Japan, Australia, U.K.. USA, Singapore, Hong Kong, Malaysia and other donor nations for such group training of prison staff from all provinces. This will definitely change their punitive attitude to correct re-disciplining measures based on human rights and safeguards of cwil liberties.
(xvii) The members of Deputy Superintendents, Assistant Superintendents, Chief Warders, Head Warders and Warders be increased in accordance with the population levels of each prison.
E. RECLAMATION-PROBATION AND PAROLE SERVICES
(i) Reclamation and Probation Department should assume the entire responsibility of the prisoners in their post-release period. Adequate staff and facilities be placed at the disposal of this department. Transport may also be provided for their proper supervision;
(ii) Whole-time directors be appointed in each province to handle effectively the task of probation and parole. Pay scales and allowances of the staff may be increased substantially as they provide least cost correction;
(iii) Existing facilities of parole to prisoners need to continue in all the provinces in accordance with the 1983 amendment to parole Rules in the province of Punjab.
(iv) The District Magistrate and the Superintendent Jails be asked to expedite the disposal of requests for release of prisoners on parole and the procedure in this behalf be streamlined to eliminate all bottlenecks. Moreover, the Director Parole and Probation be asked to exercise a closer supervision of the process
of selection and employment of prisoners on parole. The Director be asked to check all possibilities of malpractices and curb them effectively. The Assistant Directors posted in the Division be given beuer scales of pay and allowances with transport for field visits.
(v) It was observed with dissatisfaction that presently thousands of juveniles are languishing in jails as ‘undertrials’ or as persons ‘innocent’ to be proved guilty. Cases where a police challan has not been completed beyond a stipulated time be expedited with fullest possible speed. Magistracy be asked to understand, appreciate and realize the enormous problem involved in keeping youths in prisons. Bails, probation and parcel of youths be speeded up on humanitarian and national considerations.
(vi) Magistracy be asked to sentence a juvenile to jail only when all other community avenues to control him are found closed. Otherwise non-custodial measures be adopted.
(vii) Immediate action is needed to establish Certified Schools and youthful offenders treatment centres under Children Acts/ Ordinance 1953/1983 and Youthful Offenders Acts/Ordinance 1953/1983.
Section 4 and 5 of Probation Ordinance should be so amended and the Cr. P. C. also be readjusted to make probation of offenders compulsory to save accumulate non-criminal first offenders in criminal phenomena of over-crowded prisons.
F. DECODIFICATION, UNIFICATION AND SIMPLIFICATION OF LAWS AND RULES
It has already been pointed out that five parallel penal systems are running in the country for confinement of convicted and under trial prisoners. The rigorous treatment also is met by prison staff under quadruplicate laws including the oldest State Regulations 18:8, the PPC 1860, the old Prisons Act 1894, and Prisoners Act 1900 as well as Juvenile Jails Act 1926, Reformatory Schools Act 1897 and the Criminal Procedure Code 1898. The Prison Rules 1978 also are in the same old context as were framed by British’s in 1911 with some transplants, later on in 1932.
All the above Codes provide for Rigorous Imprisonment as will of sentencing court. The prison staff only can offer rigorous rather than any sort of corrective treatment according to the above Codes. This codal provision cannot help ;o make our prisons welfare oriented, reformative and resocializing institutions through education, indication and technicialization as Islamic Correction houses.
It is the need of the day that “RIGOROUS IMPRISONMENT’ should be changed into “REFORMATORY INTERNMENT/REHABILITATIVE IMPRISONMENT” OR “RESOCIALIZING INSTITUTIONALIZATION” etc. Thus present R.I. will remain R. I! With real Islamic Corrections.
The Parliament through the National Assembly should adopt a unified ”Pakistan Prison Administration Act 1994″ consolidating all the existing Prison enactments, rules and regulations as a uniform, simple and comprehensive law without any “ifs”, “buts”, “provisions”, “mays”, “Comas”, “semi-colons” (as conjunctivas or disjunctives). This should be a complete prison code on Japanese pattern in a very brief and concise enactment to regulate the entire prison administration on corrective and reformative lines.
Unfortunately the Englishman codified smallest omissions and commissions of the people of the Sub-Continent as crimes, presently the Penal Codes include around 700 such omissions and commission. There was no penal code throughout our history till 1860. Usually the Police applies many penal codes with many sections on each suspect that most of the arrested persons are challaned with 3 to 27 cases. Then many courts are involved in sentencing as trial courts.
Therefore, we need a simple, unified, concise and updated Pakistan Penal Code integrating all the other laws on the pattern of Japan so as to make not more than 200 omissions and commissions as crimes, integrating many such petty ceviancies as offences cognizable by police and triable by the courts to substantially reduc; our criminal justice burden.
No sincere effort aimed at launching a reformatory drive is every doomed to failure. Such efforts have to be planned, conceived and launched purposefully and positively. No discriminatory attitude or act should condemn a former prisoner for ever. It is against Islamic spirit. All efforts should be made to reform even the most dangerous and hardened prisoner during and after this confinement.
The proper way to reform the prison staff and correct the prisoner is to continue the crusade in an unending manner and a resolute discipline. The c Msade can be kept in motion and gear if the provincial and the federal governments act in .inison ti improve the situation on Islamic principles.
The Ministry of Interior, should formulate a permanent “I G. Prisons, MNA, MPAs Standing Committee including Principal, CJSTI” within the Interior Division to regularly oversee and assess the pace of prison reforms in line with the teachings of Islam, the UN Minimum Rules for Prisoners and the Geneva conventions. Provincial Councils may also be established in each province to coordinate the pace of prison reforms in Pakistan on Islamic patterns to uphold standards of human rights. The Standing Committee should be assisted by Criminal Justice Experts.