CHAPTER XIV. LOCAL ADMINISTRATION
Section 249
Subject to section 1, local administration shall be organised in accordance with the principle of self-government according to the will of the people in the locality, as per the procedure and form of local administrative organisations as provided by law.
In establishing a local administrative organisation in any form, due regard shall be had to the will of the people in the locality together with the capacity for self-government in respect of revenues, number and density of the population, as well as areas under its responsibility.
Section 250
A local administrative organisation has the duties and powers to regulate and provide public services and public activities for the benefits of the people in the locality, in accordance with the principle of sustainable development, and to promote and support the provision of education for the people in the locality, as provided by law.
Provision of any public services and public activities that should be the specific duty and power of each form of local administrative organisation or should be carried out mainly by a local administrative organisation, shall be as provided by law. The law shall be consistent with the revenues of the local administrative organisation under paragraph four. Such law shall at least contain provisions relating to mechanisms and processes for decentralisation of duties and powers as well as budget and personnel related thereto of the government sector to the local administrative organisation.
In providing any public service, or carrying out any public activity, which is within the duties and powers of a local administrative organisation, if joint operation with a private organisation or a State agency, or delegation of operation to a private organisation or a State agency will be more beneficial to the people in the locality than operation by that local administrative organisation, the local administrative organisation may operate jointly with or delegate the operation to a private organisation or a State agency.
The State shall undertake to ensure that local administrative organisations have revenues of their own by establishing an appropriate system of taxation and allocation of taxes, as well as promoting and developing means for earning revenues of local administrative organisations. In order to ensure the sufficient implementation of paragraph one, during the period in which the undertaking has not yet been possible, the State shall allocate budget to support local administrative organisations for the time being.
The law under paragraph one and the law relating to local administration shall provide for independence of local administrative organisations in respect of management, provision of public services, promotion and support of education, public finance, and for the supervision and monitoring of local administrative organisations which may be done only insofar as is necessary to protect the interests of the people in the locality or the interests of the country as a whole to prevent corruption and for the efficient spending of funds, while having regard to the suitability and difference of each form of local administrative organisations. Such laws shall also contain provisions on prevention of conflict of interest and prevention of interference to the performance of duties of local officials.
Section 251
The personnel management of local administrative organisations shall be as provided by law, provided that a merit system shall be adopted and due regard shall be had to suitability to and necessity of each locality and each form of local administrative organisation, and conformity of standards, with a view to enabling mutual development and personnel reassignment among local administrative organisations.
Section 252
Members of a local assembly shall be elected.
Local administrators shall be elected or shall be installed by the approval of a local assembly, or in the case of special form of local administrative organisation, may be by any other means, provided that due regard shall also be had to public participation, as provided by law.
The qualifications of persons having the right to vote and persons having the right to stand as a candidate in an election and rules and procedures on election of members of local assemblies and local administrators shall be as provided by law, provided that due regard shall also be had to the intent to prevent and suppress corruption in accordance with the directive principles provided in the Constitution.
Section 253
In the performance of work, local administrative organisations, local assemblies and local administrators shall disclose information and report the result of performance to the public, and shall also establish mechanisms to enable the participation of people in the locality, in accordance with the rules and procedures prescribed by law.
Section 254
Persons having the right to vote in a local administrative organisation have the right to sign a joint petition for introducing an ordinance or for removing a member of a local assembly or a local administrator in accordance with the rules, procedures and conditions prescribed by law.
