Chapter – IX) District Local Government Authorities for the Devolved District Level Offices #
24. Exercise of functions and powers in relation to the devolved district level offices of the Government Departments.–(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, subject to the provisions of subsection (2), the following district level offices of the Government departments, shall stand devolved on the local governments:
(a) Health (Primary and Secondary);
(b) Education (School Education);
(c) Social Welfare;
(d) Population Welfare; and
(e) Sports.
(f) Civil Defence
(2) The Government may, through a notification published in the official Gazette, devolve any other district level office of a Government Department or de-notify any such district level office.
(3) The devolved offices shall be administered, operated and managed at the district level, through the respective District Authority established under this Act.
(4) The respective District Authority shall exercise such authority within the district in accordance with the general policy of the Government.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | – | 24 | 36 | 24 |
Comments
The devolution of the Development Authorities, Agencies and Companies providing municipal services and facilities under section 23 of the Act is limited only to the extent of the respective Metropolitan Corporation, whereas, under section 24 of the Act, offices of the Government at district level relating to Health (Primary and Secondary); Education (School Education); Social Welfare; Population Welfare; Sports; and Civil Defence are now devolved to the elected local governments in a district as and when constituted under the Act. Besides, the Government may through a notification also devolve any other district level office of the Government Department or de-notify it. This provision also envisages implementation of the judgment of the august Supreme Court of Pakistan reported as 2015 SCMR 1739. The legislature keeping in view the fact of existence of more than one local government in a district has also provided the manner of administration, operation and management of the devolved office through the respective district authority to be established under section 25 of the Act.
25. District Authorities.– For each devolved district level office of a Government Department, a separate District Authority shall be established by the Government in each district through a notification published in official Gazette, as follows:
(i) A District Health Authority for the devolved function of district level office of Primary and Secondary Healthcare Department;
(ii) District Education Authority for the devolved function of district level offices of School Education Department and Literacy and Non-Formal Basic Education Department;
(iii) District Social Welfare Authority for the devolved function of district level office of Social Welfare Department;
(iv) District Population Control Authority for the devolved function of district level office of Population Welfare Department;
(v) District Sports and Recreation Authority for the devolved function of district level office of Sports Department;
(vi) District Civil Defence Authority for the devolved function of district level office of Civil Defence; and
(vii) Any other District Authority established by the Government, for each district level office of a Government Department, which is notified to have been devolved on the local governments.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 92 | – | 25 | 37 | 25 |
26. Composition and management of the District Authorities.– (1) The administration, operation and management of the respective District Authority shall vest in its Executive Board, comprising:
(a) the Lord Mayor of Lahore Metropolitan Corporation as the Chairperson of all the District Authorities in the District and his nominated Deputy Mayor or one of the elected Member of the Head’s Cabinet or the Council as the Vice Chairperson of a District Authority, in Lahore district:
provided that a Vice Chairperson of a District Authority in Lahore district shall not hold the office of Vice Chairperson of more than one District Authority;
(b) the District Mayor of a district as the Chairperson of all the District Authorities in the District and his nominated Deputy Mayor or one of the elected Members of the Head’s Cabinet or the Council as the Vice Chairperson of a District Authority, except districts of Sialkot, Gujrat, Bahawalpur, Dera Ghazi Khan, Faisalabad Gujranwala, Multan, Rawalpindi, Sahiwal and Sargodha:
provided that a Vice Chairperson of a District Authority shall not hold office of Vice Chairperson of more than one District Authority;
(c) the District Mayor of a District Council and City Mayor of Metropolitan Corporation, as the Chairperson and Vice Chairperson respectively in the districts of Sialkot, Gujrat, Bahawalpur, Dera Ghazi Khan, Faisalabad, Gujranwala, Multan, Rawalpindi, Sahiwal and Sargodha ;
(d) Deputy Commissioner of the concerned District or his nominee not below BS-18 as member;
(e) Chief Executive Officer of the District Authority as member and Secretary of the Executive Board;
(f) Director or Deputy Director of the Directorate General as member;
(g) a representative of the Commissioner of the Division concerned not below BS-18 as member;
(h) two experts as members including one woman having qualification and experience as given in subsection (3) of section 14 of this Act to be nominated by the Chairperson of the Authority; and
(i) District Attorney of the concerned district as member.
(2) The District Authority shall be responsible for management and supervision of the respective devolved office and its public service delivery.
(3) The District Authority shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property and enter into any contract and may sue and be sued in its name.
(4) The Departmental District Head of each devolved district level office of the respective Government Department shall be the ex-officio Chief Executive Officer of the Authority.
(5) The Chief Executive Officer shall be the Principal Accounting Officer of the Authority and shall perform such functions as are mentioned in this Act or as may be prescribed or as may be delegated by the District Authority or as the Government may assign.
(6) The District Office of each devolved district level office of the respective Government Department shall be the secretariat of the respective District Authority.
(7) The Authority shall receive its funds from Provincial Budget, directly from Finance Department.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 92 | – | 26 | 38 | 26 |
27. Performance of functions by the District Authorities.– (1) The respective District Authority shall perform all the functions of the district level office of the respective Government Departments devolved on the local government to carry out purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, a District Authority shall:
(a) establish, manage and supervise all the facilities and institutions of the respective devolved office;
(b) approve the budget of the Authority and allocate funds to the institutions under its administrative control;
(c) provide stewardship, ownership and oversight of service delivery of the devolved office within the policy framework given by the Government;
(d) coordinate planning and allocate finances for provision of service delivery at District level;
(e) develop linkages between private and public sectors for enhancing access and coverage of service facilities to the general public and improving quality of these services;
(f) coordinate emergency response during any natural calamity or emergency;
(g) ensure human resource management and capacity development of service delivery personnel under the policy framework given by the Government;
(h) ensure performance based contracts with service delivery managers as per prescribed indicators;
(i) monitor, exercise oversight and performance evaluation of service delivery managers as per agreed performance indicators either directly or through a third party;
(j) liaison with the Government for technical and logistic support in case of any emergency or disaster;
(k) implement policies and directions of the Government including achievement of key performance indicators set by the Government for the respective devolved function;
(l) ensure implementation of minimum service delivery standards, infrastructure standards, as prescribed by the Government; and
(m) perform any other function as may be assigned by the Government.
(3) In the performance of their functions, the District Authorities shall also be bound and be guided by the policies and instructions issued, from time to time, by the Government.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 93-95 | – | 27 | 39 | 27 |
| RELEVANT RULES | |
| 1. | Punjab Districts Authorities (Delegation of Financial Powers) Rules, 2017. |
| 2. | Punjab Districts Authorities (Budget) Rules, 2017. |
| 3. | Punjab Districts Authorities (Accounts) Rules, 2017. |
| RELEVANT NOTIFICATION | |
| 1. | Notification No. SO.E&A(LG)MSG/2019 dated 16.03.2020 regarding “Important Instructions to Prevent the Spread of Corona (COVID-19)”. |
