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Organic Law on Provincial Governments and Local-level Governments (Amendment No. 1) Law, 1995

PAPUA NEW GUINEA


Organic Law on Provincial Governments and Local-level Governments (Amendment No.1) Law


ARRANGEMENT OF SECTIONS

1. General Principles (Amendment of Section 1).
2. System of Provincial Governments and Local-level Governments (Amendment of Section 5).
3. Provincial Government and Local-level Government symbols and seat of Governments (Amendment of Section 9).
4. Provincial Government and Provincial Legislature (Amendment of Section 10).
5. Vacation of Office (Amendment of Section 13).
6. Procedures of Provincial Assembly (Amendment of Section 15)
7. Repeal and replacement of Section 16.

"16. REMUNERATION AND ALLOWANCES".

8. New Section 16A-

"16A. PROVINCIAL ASSEMBLY COMMITTEES".

9. Deputy Provincial Governor (Amendment of Section 18).
10. Vacation of Office of the Provincial Governor (Amendment of Section 19).
11. Repeal and replacement of Section 20.

"20. DISMISSAL OF PROVINCIAL GOVERNOR AND DEPUTY PROVINCIAL GOVERNOR".

12. Election of the Provincial Governor in the event of a vacancy (Amendment of Section 21).
13. Repeal and replacement of Section 22.

"22. POLITICAL AND EXECUTIVE RESPONSIBILITIES OF THE PROVINCIAL GOVERNOR AND THE DEPUTY PROVINCIAL GOVERNOR".

14. Provincial Executive Council (Amendment of Section 23).
15. Repeal and replacement of Section 25.

"25. PROVINCIAL EXECUTIVE COUNCIL COMMITTEES".

16. Local-level Government (Amendment of Section 26).
17. Establishment of Local-level Governments (Amendment of Section 27).
18. Composition of Local-level Governments (Amendment of Section 29).
19. Vacation of Office (Amendment of Section 30).
20. Qualifications and disqualifications (Amendment of Section 31).
21. Repeal and replacement of Section 32.

"32. PROCEDURES OF LOCAL-LEVEL GOVERNMENTS".

22. New Section 33A:-

"33A. JOINT DISTRICT PLANNING AND BUDGET PRIORITIES COMMITTEE".

23. Repeal and replacement of Section 35.

"35. REMUNERATION AND ALLOWANCES".

24. Principles of distribution of powers (Amendment of Section 40).
25. Repeal and replacement of Section 41.

"41 LAW-MAKING POWERS OF THE NATIONAL PARLIAMENT, ETC".

26. Law-making powers of the Provincial Legislatures (Amendment of Section 42).
27. Repeal and replacement of Section 43.

"43. PRINCIPAL ADMINISTRATIVE FUNCTIONS OF PROVINCIAL GOVERNMENTS".

28. Law-making powers of the Local-level Governments (Amendment of Section 44).
29. Repeal and replacement of Section 45.

"45. PRINCIPAL ADMINISTRATIVE FUNCTIONS OF LOCAL-LEVEL GOVERNMENTS".

30. Delegation of powers (Amendment of Section 50).
31. National Investigation Committee (Amendment of Section 61).
32. Repeal and replacement of Section 67.

"67. EXERCISE OF EXECUTIVE POWERS, ETC., OF SUSPENDED PROVINCIAL GOVERNMENTS".

33. New Section 67A:-

67A. EXERCISE OF EXECUTIVE POWERS, ETC., OF SUSPENDED LOCAL-LEVEL GOVERNMENTS".

34. Provincial and District Administrators (Amendment of Section 73).
35. Functions of Provincial and District Administrators (Amendment of Section 74).
36. Functions of the assigned, etc., personnel (Amendment of Section 79).
37. Repeal and replacement of Section 81.

"81. PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT SUPPORT SERVICES".

38. Government exemptions (Amendment of Section 84).
39. Repeal and replacement of Section 91.

"91. TYPES OF PROVINCIAL AND LOCAL-LEVEL GRANTS".

40. Administration support grants (Amendment of Section 92).
41. Derivation grants (Amendment of Section 97).
42. Benefits derived from Natural Resources (Amendment of Section 98).
43. Repeal and replacement of Subdivision IV.3.L.

Subdivision L - Planning and Data System".
"106. PROVINCIAL PLANNING AND DATA SYSTEM".

44. Establishment of Provincial and Local-level Service Monitoring Authority (Amendment of Section 110).
45. Establishment of Provincial and District Treasury (Amendment of Section 112).
46. Submission of Provincial Accounts (Amendment of Section 114).
47. National Economic and Fiscal Commission (Amendment of Section 117).
48. Reports on the affairs of Provincial Governments and Local-level Governments (Amendment of Section 119).
49. Interpretation (Amendment of Section 121).
50. Composition of Interim Provincial Governments (Amendment of Section 125).
51. Interim Provincial Executive Council (Amendment of Section 128).
52. New Sections 128A AND 128B:-

"128A. SYSTEM OF COMMITTEES FOR INTERIM PROVINCIAL EXECUTIVE COUNCILS."
"128B. INTERIM JOINT DISTRICT PLANNING AND BUDGET PRIORITIES COMMITTEE."

53. Administrative system (Amendment of Section 129).
54. Provincial Government Properties, Assets and Liability (Amendment of Section 130).
55. Continuity of Government (Amendment of Section 131).
56. New Section 136A:-

"136A. APPLICATION OF OTHER LAWS".

Organic Law on Provincial Governments and Local-level Governments (Amendment No. 1 Law),

Being a Law to alter the Organic Law on Provincial Governments and Local-level Governments, and for related purposes,

MADE by the National Parliament.

  1. GENERAL PRINCIPLES (AMENDMENT OF SECTION 1).

Section 1(2)(a) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing Subparagraph (i) and replacing it with the following:-

"(i) mainly elective (elected directly or indirectly) representative and participatory government; and".
  1. SYSTEM OF PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS (AMENDMENT OF SECTION 5).

Section 5(2) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing the words "this Organic Law" and replacing them with the words "this Organic Law and an Act of the Parliament".

  1. PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT SYMBOLS AND SEAT OF GOVERNMENT (AMENDMENT OF SECTION 9).

Section 9 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (1) -
(b) in Subsection (2) -
  1. PROVINCIAL GOVERNMENT AND PROVINCIAL LEGISLATURE (AMENDMENT OF SECTION 10).

Section 10 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (3) by -
(b) by repealing Subsection (5) and replacing it with the following:-
(c) by adding after Subsection (5) the following new subsection:-
  1. VACATION OF OFFICE (AMENDMENT OF SECTION 13).

Section 13 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (3) by repealing Paragraph and replacing it with the following:-

"(b) becomes permanently incapable of performing his duties as certified by two medical practitioners appointed for the purpose by the National Authority responsible for the registration or licensing of medical practitioners; or"; and

(b) repealing Paragraph (d) and replacing it with the following:-

"(d) becomes of unsound mind within the meaning of any law relating to the protection of persons and property of persons of unsound mind; or".

  1. PROCEDURES OF THE PROVINCIAL ASSEMBLY (AMENDMENT OF SECTION 15).

Section 15 of Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing Subsection (2) and replacing it with the following:-

"(2) Subject to this Organic Law, the privileges and immunities of members of Provincial Assemblies and the procedures and proceedings, including the number of meetings and quorum for meetings of Provincial Assemblies shall be as determined by an Act of the Parliament."; and

(b) by inserting after Subsection (2), the following new subsection:-

"(3) The number of meetings of a Provincial Assembly shall be not less than four in each calendar year and shall not be held at the same time as the meetings of the National Parliament.".

  1. REPEAL AND REPLACEMENT OF SECTION 16.

Section 16 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"16. REMUNERATION AND ALLOWANCE.
  1. NEW SECTION 16A.

The Organic Law on Provincial Governments and Local-level Governments is amended by inserting after Section 16 the following new section:-

"16A. PROVINCIAL ASSEMBLY COMMITTEES.
"(1) A Provincial Assembly may, in accordance with an Act of the Parliament -
"(2) The committees of the Assembly shall consist only of members of the Assembly.".
  1. THE DEPUTY PROVINCIAL GOVERNOR (AMENDMENT OF SECTION 18).

Section 18 of the Organic Law on Provincial Governments and Local-level Governments is amended by adding at the end thereof the following subsections:-

"(3) If the Deputy Provincial Governor -
"(4) If the Deputy Provincial Governor vacates his office in accordance with Subsection (3), the Provincial Assembly shall elect another member referred to in Section 10(3)(b) or (c) to be the Deputy Governor.".
  1. VACATION OF OFFICE OF THE PROVINCIAL GOVERNOR (AMENDMENT OF SECTION 19).

Section 19 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (1) -
(b) by repealing Subsections (2) and (3), and replacing them with the following:-
  1. REPEAL AND REPLACEMENT OF SECTION 20.

Section 20 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"20. DISMISSAL OF PROVINCIAL GOVERNOR AND DEPUTY PROVINCIAL GOVERNOR.
"(1) Subject to this section, if the Provincial Governor or Deputy Provincial Governor -
the Provincial Assembly may, by a two-thirds absolute majority vote, dismiss the Provincial Governor or Deputy Provincial Governor.
"(2) The dismissal of the Provincial Governor or the Deputy Provincial Governor shall be by motion -
  1. ELECTION OF THE PROVINCIAL GOVERNOR IN THE EVENT OF A VACANCY (AMENDMENT OF SECTION 21).

Section 21(3) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing Paragraph (b) and replacing it with the following:-

"(b) all of the Members of the Parliament -
  1. REPEAL AND REPLACEMENT OF SECTION 22.

Section 22 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"22. POLITICAL AND EXECUTIVE RESPONSIBILITIES OF THE PROVINCIAL GOVERNOR AND THE DEPUTY PROVINCIAL GOVERNOR.
"(1) The Provincial Governor, or in his absence the Deputy Provincial Governor, shall -
"(2) Subsection (1) does not affect the exercise, by a Member of the Parliament, of his functions, powers, duties and responsibilities as a Member of the Parliament.".
  1. PROVINCIAL EXECUTIVE COUNCIL (AMENDMENT OF SECTION 23).

Section 23 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (2) -
(b) by repealing Subsection (4) and replacing it with the following:-
  1. REPEAL AND REPLACEMENT OF SECTION 25.

Section 25 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"25. PROVINCIAL EXECUTIVE COUNCIL COMMITTEES.
"(1) A Provincial Executive Council shall, in accordance with an Act of the Parliament -
"(2) The Joint Provincial Planning and Budget Priorities Committee shall consist of -
"(3) The Joint Provincial Planning and Budget Priorities Committee shall have the following functions:-
"(4) The Provincial Administrator shall be the Chief Executive Officer of the Committee.
"(5) A Member of the Parliament who occupies an office referred to in Section 19(1)(b) is not eligible to be a member of a Committee under this section.
"(6) The Governor shall appoint a Chairman for each Committee under this section, but such appointments shall be made so as to ensure fair representation of the various electorates and districts within the province.
"(7) An Act of the Parliament shall make provision for other functions and powers of, and administrative arrangements for, the Committee.".
  1. LOCAL-LEVEL GOVERNMENT (AMENDMENT OF SECTION 26).

Section 26 of the Organic Law on Provincial Governments and Local-level Governments is amended by -

(a) repealing Subsection (3) and replacing it with the following:-
(b) repealing Subsection (5) and replacing it with the following:-
(c) adding after Subsection (5) the following subsection:-
  1. ESTABLISHMENT OF LOCAL-LEVEL GOVERNMENT (AMENDMENT OF SECTION 27)

Section 27 of the Organic Law on Provincial Governments and Local-level Governments is amended by adding after Subsection (6) the following new subsection:-

"(7) If the Minister fails to bring the recommendations to the National Executive Council for consideration within the 90 days required under Subsection (6), the National Executive Council shall proceed with the recommendations as if they had been accepted by the Minister.".
  1. COMPOSITION OF LOCAL-LEVEL GOVERNMENTS (AMENDMENT OF SECTION 29).

Section 29(1) of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing Paragraph (c) and replacing it with the following:-
  1. VACATION OF OFFICE (AMENDMENT OF SECTION 30).

Section 30 of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing Subsection (1) and replacing it with the following:-

"(1) Where a member of a Local-level Government -
the member is deemed to have vacated his office and the Minister, acting with, and in accordance with, the advice of the Provincial Executive Council, shall terminate his membership.".
  1. QUALIFICATIONS AND DISQUALIFICATIONS (AMENDMENT OF SECTION 31).

Section 31 of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing the words, numbers and letters "referred to in Section 29(1)(a) and (b)." and replacing them with the words "of Local-level Governments.".

  1. REPEAL AND REPLACEMENT OF SECTION 32.

Section 32 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"32. PROCEDURES OF LOCAL-LEVEL GOVERNMENTS.
(1) The head of a Local-level Government shall preside at all meetings of the Local-level Government at which he is present.
"(2) Subject to this Organic Law, the privileges and immunities of members of Local-level Governments, including the number of meetings and quorums for meetings of Local-level Governments, shall be as determined by an Act of the Parliament, but the number of meetings of a Local-level Government shall be not less than, four in each calendar year, and the procedures shall be consistent with the procedures of a Provincial Assembly.".
  1. NEW SECTION 33A.

The Organic Law on Provincial Governments and Local-level Governments is amended by adding after Section 33 the following new section:-

"33A. JOINT DISTRICT PLANNING AND BUDGET PRIORITIES COMMITTEE.
(1) There shall be established, in each district, a Joint District Planning and Budget Priorities Committee.
"(2) The Committee shall consist of -
"(3) The Joint District Planning and Budget Priorities Committee shall have the following functions:-
"(4) The District Administrator shall be the Chief Executive Officer of the Committee.
"(5) An Act of the Parliament shall make provision for other functions and powers of, and the administrative arrangements for, the Committee.".
  1. REPEAL AND REPLACEMENT OF SECTION 35.

Section 35 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"35. REMUNERATION AND ALLOWANCES.
The salaries, allowances and other terms and conditions of the members of Local-level Governments shall be as are determined by the Salaries and Remuneration Commission.".
  1. PRINCIPLES OF DISTRIBUTION OF POWERS (AMENDMENT OF SECTION 40).

Section 40 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in the heading, by repealing the words "DISTRIBUTION OF POWERS" and replacing them with the following:-
(b) in Subsection 1: -
  1. REPEAL AND REPLACEMENT OF SECTION 41.

Section 41 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"41. LAW-MAKING POWERS OF THE NATIONAL PARLIAMENT, ETC.,
(1) A law-making power that is not specified in Section 42 or 44 remains with the National Parliament.
(2) Subject to this section, the National Parliament may make an Act of the Parliament on a matter specified in Section 42 or 44 only where the matter is of national interest.
(3) Subject to Subsection (4), the National Parliament shall not make an Act to which Subsection (2) applies unless there has been consultation between the Minister responsible for provincial government and local level government matters, and the Provincial Government or the Local-level Government concerned.
(4) Subsection (3) does not apply in respect of -
"(5) In a case to which Subsection (4) (b) applies, the Minister responsible for provincial government and local-level government matters shall, as soon as practicable, advise any Provincial Government or Local-level Government concerned of the Act and of the reason for urgency.
"(6) An Act of the Parliament on a matter specified in Section 42 or 44 shall prevail over any law made under Section 42 or 44, whether such law is made before or after the date of the making of the Act of the Parliament, to the extent of any inconsistency with the Act of the Parliament.
"(7) A question -
is non-justiciable.".
  1. LAW-MAKING POWERS OF THE PROVINCIAL LEGISLATURES (AMENDMENT OF SECTION 42).

Section 42 of the Organic Law on Provincial Governments and Local-level Governments is amended by adding the following subsections:-

"(2) Subsection (1)(l), (s) and (t) do not apply to large-scale mining, petroleum, forestry, fishing and marine resource ventures declared by the Head of State, acting can advice, to be ventures to which this subsection refers.
"(3) A law made under Subsection (1) shall have effect so far as it is not inconsistent with an Act of the Parliament made -
"(4) For the purposes of Subsection (2), a question -
  1. REPEAL AND REPLACEMENT OF SECTION 43.

Section 43 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"43. PRINCIPAL ADMINISTRATIVE FUNCTIONS OF PROVINCIAL GOVERNMENTS.
Subject to the Constitution and this Organic Law, the principal administrative functions of Provincial Governments shall be as provided for in an Act of the Parliament.".
  1. LAW-MAKING POWERS OF THE LOCAL-LEVEL GOVERNMENTS (AMENDMENT OF SECTION 44).

Section 44 of the Organic Law on Provincial Governments and Local-level Governments is amended by adding the following subsections:-

"(2) A law made under Subsection (1) shall have effect so far as it is not inconsistent with an Act of the Parliament made -
"(3) For the purposes of Subsection (2), a question -
  1. REPEAL AND REPLACEMENT OF SECTION 45.

Section 45 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"45. PRINCIPAL ADMINISTRATIVE FUNCTIONS OF LOCAL-LEVEL GOVERNMENTS.
Subject to the Constitution and this Organic Law, the principal administrative functions of a Local-level Government shall be as provided for in an Act of the Parliament.".
  1. DELEGATION OF POWERS (AMENDMENT OF SECTION 50).

Section 50(2) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing from Paragraph (b) the words "or a member of the Provincial Executive Council".

  1. NATIONAL INVESTIGATION COMMITTEE (AMENDMENT OF SECTION 61).

Section 61(2) of the Organic Law on Provincial Governments and Local-level Governments is amended by adding at the end thereof the following new paragraph:-

"(e) the Departmental Head of the Department responsible for finance matters.".
  1. REPEAL AND REPLACEMENT OF SECTION 67.

Section 67 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"67. EXERCISE OF EXECUTIVE POWERS, ETC., OF SUSPENDED PROVINCIAL GOVERNMENTS.
(1) While a Provincial Government is suspended, the National Executive Council has and may exercise and perform all the executive powers, functions, duties and responsibilities of that Provincial Government.
"(2) The power conferred by Subsection (1) may be exercised -
"(3) In performing his functions and responsibilities under Subsection (2)(b), the Minister shall be assisted -
  1. NEW SECTION 67A.
  2. PROVINCIAL AND DISTRICT ADMINISTRATORS (AMENDMENT OF SECTION 73).

Section 73 of the Organic Law on Provincial Governments and Local-level Governments is amended in Subsection (1) by repealing the number in brackets "(6)" and replacing it with "(5)".

  1. FUNCTIONS OF PROVINCIAL AND DISTRICT ADMINISTRATORS (AMEDNDMENT OF SECTION 74).

Section 74 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (1) -
(b) in Subsection (2) -
(c) in Subsection (3), by repealing Paragraph (a) and replacing it with the following:-
  1. FUNCTIONS OF THE ASSIGNED, ETC., PERSONNEL (AMENDMENT OF SECTION 79).

Section 79 of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing the heading to the section and replacing it with the following:-

"GENERAL DUTIES OF THE ASSIGNED ETC., PERSONNEL".
  1. REPEAL AND REPLACEMENT OF SECTION 81.

Section 81 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"81. PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT SUPPORT SERVICES.
(1) An Act of the Parliament may make provision for the establishment of support services for Provincial Governments and Local-level Governments.
"(2) The functions of the support services established under Subsection (1) shall be to provide professional and executive support services to the Provincial Governments and Local-level Governments.
"(3) An Act of the Parliament shall make provision for the extent to which the Provincial Administrator and District Administrator may exercise control over the support services.".
  1. GOVERNMENT EXEMPTIONS (AMENDMENT OF SECTION 84).

Section 84 (2) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing from Paragraph (a) the words "provincial law" and replacing them with the words "provincial law or local-level law".

  1. REPEAL AND REPLACEMENT OF SECTION 91.

Section 91 of the Organic Law on Provincial Governments and Local-level Governments is repealed and is replaced with the following:-

"91. TYPES OF PROVINCIAL AND LOCAL-LEVEL GRANTS.
(1) The National Government shall make the following grants, in accordance with this Organic Law to Provincial Governments and Local-level Governments in the form of -
"(2) The grants specified under Subsection (1) are guaranteed annually to the Provincial Governments and Local-level Governments.".
  1. ADMINISTRATION SUPPORT GRANTS (AMENDMENT OF SECTION 92).

Section 92(1) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing Paragraph (c).

  1. DERIVATION GRANTS (AMENDMENT OF SECTION 97).

Section 97 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing the heading to the section and replacing it with the following:-
(b) by repealing Subsections (1), (2) and (3) and replacing them with the following:-
"(2) Derivation grants shall be calculated in accordance with Schedule 6 and the rate shall not exceed 5% of the export value of goods calculated at the Free on Board (F.O.B.) price.
"(3) The goods included in the calculation of derivation grants shall exclude royalty products and those products from which the development levies and other grants are paid.".
  1. BENEFITS DERIVED FROM NATURAL RESOURCES (AMENDMENT OF SECTION 98).

Section 98 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (2), by repealing from Paragraph (b) -
(b) by repealing Subsection (3) and replacing it with the following:-
(c) by repealing Subsection (4) and replacing it with the following:-
(d) by repealing Subsection (5) and replacing it with the following:-
  1. REPEAL AND REPLACEMENT OF SUBDIVISION IV.3.L.

The Organic Law on Provincial Governments and Local-level Governments is amended by repealing Subdivision IV.3.L and replacing it with the following:-

"Subdivision L. - Planning and Data System.
"106. PROVINCIAL PLANNING AND DATA SYSTEM.
(1) There shall be established in each province an extended service of the Department responsible for planning matters and of the National Statistical Office.
"(2) The functions of these services are to establish and maintain an effective and efficient provincial and local-level planning and data system.
"(3) There shall be a census for the count of all natural persons in each province in the year preceding the national election, other than a national election following a dissolution of Parliament under Section 105(1)(b) or (c) (General Elections) of the Constitution.
"(4) An Act of the Parliament shall prescribe the types of records or date to be kept and details of the planning and data control system for the Provincial governments and Local-level Governments.".
  1. ESTABLISHMENT OF PROVINCIAL AND LOCAL-LEVEL SERVICE MONITORING AUTHORITY (AMENDMENT OF SECTION 110).

Section 110 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (1) by adding the words "within the Department responsible for provincial government and local-level government matters"; and
(b) by repealing Subsection (5) and replacing it with the following:-
  1. ESTABLISHMENT OF PROVINCIAL AND DISTRICT TREASURY (AMENDMENT OF SECTION 112).

Section 112(3) of the Organic Law on Provincial Governments and Local-level Governments is amended by adding the words "or is considered by the Departmental Head of the Department responsible for finance matters to be a suitably qualified person.".

  1. SUBMISSION OF PROVINCIAL ACCOUNTS (AMENDMENT OF SECTION 114).

Section 114(1) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing "mid-year" and replacing it with "final year".

  1. NATIONAL ECONOMIC AND FISCAL COMMISSION (AMENDMENT OF SECTION 117)

Section 117(2) of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing Paragraph (b) and replacing it with the following:-
(b) by repealing Paragraph (c) and replacing it with the following:-
(c) by repealing from Paragraph (1) the words "Minister responsible for finance matters" and replacing them with the words "Minister responsible for the National Economic and Fiscal Commission".
  1. REPORTS ON THE AFFAIRS OF PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS (AMENDMENT OF SECTIION 119).

Section 119(1) of the Organic Law of Provincial Governments and Local-level Governments is amended by repealing the number and word "30 April" and replacing them with the number and word "30 June".

  1. INTERPRETATION (AMENDMENT OF SECTIION 121).

Section 121 of the Organic Law on Provincial Governments and Local-level Governments is amended by deleting from the definition of "interim period" the words "Bougainville Province" and substituting the words "Bougainville Province and the National Capital District".

  1. COMPOSITION OF INTERIM PROVINCIAL GOVERNMENTS (AMENDMENT OF SECTIION 125).

Section 125 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Subsection (1) -
(b) in Subsection (2), by repealing Paragraph (a) and replacing it with the following:-
(c) in Subsection (5), by repealing the words "The Premier" and replacing them with the words and figures "Subject to Subsection (5A), the Premier"; and
(d) by inserting after Subsection (5), the following new subsection:-
(e) by repealing Subsection (10).
  1. INTERIM PROVINCIAL EXECUTIVE COUNCIL (AMENDMENT OF SECTION 128).

Section 128 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing Subsection (1) and replacing it with the following:-
(b) by repealing Subsection (3) and replacing it with the following:-
  1. NEW SECTION 128A AND 128B.

The Organic Law on Provincial Governments and Local-level Governments is amended by inserting after Section 128 the following new sections:-

"128A. SYSTEM OF COMMITTEES FOR INTERIM PROVINCIAL EXECUTIVE COUNCILS.
(1) An Interim Provincial Executive Council may -
(2) The interim committees of the Interim Provincial Executive Council -
(3) Subject to any directions of the Interim Provincial Executive Council -
"128B. INTERIM JOINT DISTRICT PLANNING AND BUDGET PRIORITIES COMMITTEE.
(1) There shall be established, in each district, an Interim Joint District Planning and Budget Priorities Committee.
"(2) The composition, functions and powers of an Interim Joint District Planning and Budget Priorities Committee shall be the same as the composition, functions and powers of a Joint District Planning and Budget Priorities Committee constituted in accordance with Section 33A".
  1. ADMINISTRATIVE SYSTEM (AMENDMENT OF SECTION 129.

Section 129(2) of the Organic Law on Provincial Governments and Local-level Governments is amended by repealing the words "The existing administrative (including staff arrangements)" and replacing them with the words "The existing administrative and financial system (including staff and financial arrangements)".

  1. PROVINCIAL GOVERNMENT PROPERTIES, ASSETS AND LIABILITIES (AMENDMENT OF SECTION 130).

Section 130 of the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) by repealing the heading to the section and replacing it with the following:-
(b) by adding the following subsection:-
  1. CONTINUITY OF GOVERNMENT (AMENDMENT OF SECTION 131).

Section 131 of the Organic Law on Provincial Governments and Local-level Governments is amended by adding after Subsection (2) the following subsection:-

"(3) Notwithstanding Subsection (2), an Interim Provincial Assembly shall within the interim period, take all action necessary to ensure compliance with the requirements of Section 26(4).".
  1. NEW SECTION 136A.

The Organic Law on Provincial Governments and Local-level Governments is amended by inserting after Section 136 the following new section:-

"136A. APPLICATION OF OTHER LAWS.
Where -
contains a reference, express or implied, to -
that reference shall, except where the context otherwise requires, be read as a reference to the equivalent provision or office under this Organic Law.".
  1. AMENDMENT OF SCHEDULE 1.

Schedule 1 to the Organic Law on Provincial Governments and Local-level Governments is amended -

(a) in Section 1, in the definition of "adjusted base figure", by repealing the words "in the year preceding the year of grant" and replacing them with the following:-
(b) in Section 6, by repealing Subparagraph (iii) and replacing it with the following:-
  1. FURTHER AMENDMENTS.

The Organic Law on Provincial Governments and Local-level Governments is amended further in accordance with the Schedule.


SCHEDULE.

Sec.58.

Provision
Amendment
3(1)
Repeal the definition "Provincial and Local-level Monitoring Authority" and replace it with the following:-
"Provincial and Local-level Service Monitoring Authority' means the Provincial and Local-level Service Monitoring Authority established by Section 110;"


73(2)(a)(iii)
Repeal Subparagraph (iii) and replace it with the following:-
"(iii) Provincial Government and Local-level Government support services; and";


74(2)(e)
Repeal from Paragraph (e) the words "Local-level Secretariat and executive services" and replace them with the following:-
"support services for the Local-level Governments within a district".

I hereby certify that the above is a fair print of the Organic Law on Provincial Governments and Local-level Governments (Amendment No.1) Law which has been made by the National Parliament.

Clerk of the National Parliament.

Constitution.

CERTIFICATE UNDER SECTION 14.

I, RABBIE NAMALIU, Speaker of the National Parliament, hereby certify that the requirements of Section 14(1), (2) and (3) of the Constitution were complied with in respect of the Organic Law on Provincial Governments and Local-level Governments (Amendment No.1) Law and that the law was made by the National Parliament as follows:-

(a) the first vote was taken on 12 October 1995 when the number of seats in the National Parliament was 109 and those voting for the proposal were 84 and none voted against the proposal; and
(b) the second vote was taken on 13 December 1995 when the number of seats in the National Parliament was 109 and those voting for the proposal were 82 and none voted against the proposal.

Speaker of the National Parliament.


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