Chapter – VIII) Additional functions in relation to the Authorities, etc. #
23. Functions and powers in relation to the Authorities, Agencies and Companies in the Metropolitan Corporations.–(1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the following companies, authorities and agencies providing municipal services and facilities in Metropolitan Corporations, shall stand entrusted to the respective Metropolitan Corporation:
(i) Parks and Horticulture Authorities;
(ii) Development Authorities;
(iii) Water and Sanitation Agencies;
(iv) Traffic Engineering and Planning Agency; and
(v) Waste Management Companies.
(2) Subject to any specific direction and policy of the Government, the Metropolitan Corporation shall perform the following functions and powers in respect of the companies, authorities and agencies:
(a) administrative and financial control; and
(b) approval of policies, taxes, fees etc.
(3) The Head of the respective Metropolitan Corporation or his nominated Deputy Mayor or an elected member of the Head’s Cabinet shall be the ex-officio chairperson of the respective Authority, company or agency.
(4) A Development Authority shall, in discharge of its regulatory functions, where required by the local government due to its inability to act because of lack of resources or capacity, act as an agency in aid and support of such local government.
(5) Where a Development Authority intends to perform functions assigned to it under the law but such functions are assigned to the local government under the Act, the Development Authority shall perform such functions after consultation and with the consent of the concerned local government on such terms and conditions as may be determined by the concerned local government.
(6) No Development Authority shall extend or curtail the boundaries of its existing controlled area without the consent of the concerned local government.
(7) Where in the performance of the functions under subsections (5) and (6), the issue needs further guidance and direction, it shall be referred to the Commission for final decision.
| 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. |
| – | – | 23 | 34 | 23 |
Comments
Provisions of this section have been made in order to implement the judgment of the august Supreme Court of Pakistan passed in the ‘Imrana Tiwana Case’ reported as 2015 SCMR 1739. This section aims at devolving the authorities, agencies and companies of the Government providing municipal services and facilities under their respective laws within the local areas of the Metropolitan Corporations. Insertion of this section is in fact an attempt to harmonize different laws in order to ensure primacy of the elected local government in performance of the similar functions under the Act. The laws for establishing the above authorities, agencies and companies and the functions they are performing are: created under the following laws for provision primarily of the following municipal services and facilities:
1. Parks and Horticulture Authorities
They have been established under the Punjab Parks and Horticulture Act, 2012 (Act XCVII of 2012) for regulation, development and maintenance of public parks, green belts and green areas in the Punjab; regulation of billboards, sky signs and outdoor advertisements; to promote open and unrestricted views of the Punjab. The Authorities have jurisdiction over those public parks, green belts and green areas. (l) “green area” means any space notified by the Government as green area which is required to be kept green other than a public park or green belt and includes a notified play ground; (m) “green belt” means an area notified by the Government as green belt other than a public park which is kept as an open space in any locality or area either in pursuance of a development plan or otherwise; (s) “public park” includes a park or space reserved for use as a public park and notified by the Government as a public park.
2. Sargodha Development Authority, Gujranwala Development Authority, Multan Development Authority, Rawalpindi Development Authority, Faisalabad Development Authority
They have been established under the Development of Cities Act, 1976 to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Punjab, establish an integrated development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement of the environment of housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal.
3. Lahore Development Authority
It was established under the Lahore Development Authority Act, 1975 and responsible to establish a comprehensive system of metropolitan planning and development in order to improve the quality of life in the area of Lahore Division, establish an integrated metropolitan and regional development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes relating to the improvement of the environment of housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal.
4. Water and Sanitation Agency
It was established under section 10 of the Lahore Development Authority Act, 1975 and it is responsible to perform all functions and exercise all powers of the Authority with regard to water supply, sewerage and drainage with power to collect rates, fees and charges for water supply, sewerage and drainage.
5. Waste Management Companies
Waste Management Companies are public sector companies created by the Government of Punjab under the Punjab Government Rules of Business, 2011 in the districts of Lahore, Faisalabad, Sialkot, Rawalpindi, Multan, D.G. Khan, Bahawalpur, and Gujranwala. The companies are performing municipal services relating to solid and liquid waste management under agreement with the concerned local governments.
This section also bind the Development Authority to act as an agency in aid and support to the local government where it is unable to discharge any of its regulatory function due to lack of capacity and resources. Moreover, the Development Authority in performance of the similar function assigned to it under its parent statute but also assigned to the local government under the Act, is also bound to perform the same only with the consent and in consultation with the local government concerned. The scope of entrustment of the Development Authorities is not limited in the sense the Authority’s power under the law to extend or curtail the boundaries of its existing controlled area is now subject to the consent of the local government concerned.
