Chapter – X) Mode of Discharge of Functions by the local governments – Agency Arrangement and Joint Authorities. #
28. Discharge of functions by local governments.–(1) Subject to subsection (2), a local government may discharge its functions through one or more of the following means:
(a) an officer or servant of the local government;
(b) a joint authority established under this Act;
(c) another local government by mutual agreement;
(d) an office, authority or agency owned or operated by the Government by mutual agreement; and
(e) by otherwise contracting out.
(2) No local government shall contract out any public service which constitutes or involves the exercise of power to award administrative or other penalties, interferes with or otherwise affects the liberty of an individual, involves the power to enter, search or seize any property, or power or duty to enforce any law.
| 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 | 28 | 40 | 28 |
Comments
This section provides various means to a local government for discharge of its one or more functions. In general, the functions of the local governments are discharged by its officer or servant related to the office of the local government responsible for performance of the said functions. Besides, the local government may have option to discharge any of its functions through the joint authority consisting two or more local governments established under section 31 of the Act. The local government establishing the joint authority shall be the called as the “Constituting local government”. For establishment of the joint authority, the local government shall follow the procedure prescribed under the Rules made by the Government. Clauses (c), (d) and (e) of sub-section 1 of this section also enable the local government to discharge its one or more functions through another local government, an office, authority or agency owned or operated by the Government by mutual agreement. The provisions of the above clauses (c) and (d) are not isolated but they are to be read with clause (a) sub-section (2) of section 21 which enables the Metropolitan Corporation or District Council to entrust any of its functions to a person, any public-private, public or private organization, authority, agency or company through a contractual arrangement, on such terms and conditions as may be prescribed but responsibility for discharge of such functions shall continue to vest with such local government. This Section however bars the local government to contract out any public service which constitutes or involves the exercise of power to award administrative or other penalties, interferes with or otherwise affects the liberty of an individual, involves the power to enter, search or seize any property, or power or duty to enforce any law. While entering into contract with any private organizations, the Metropolitan Corporation and District Council are also bound to adhere to the provisions of the Punjab Public Private Partnership Act, 2019.
29. Delegation of functions to Union Councils.– (1) A Metropolitan Corporation and a District Council may, by a mutual agreement, delegate one or more of its functions or one or more public services relating to any such function, to a Union Council.
(2) In the performance of a function or delivery of a public service delegated under subsection (1), the Union Council, as the case may be, shall adhere to the general or specific directions of the local government delegating that function.
| 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. |
| 66 | 25 | 29 | 41 | 29 |
Comments
Provisions of this Section has to be read with the provisions of the clause (b) sub-section (2) of section 21 of the Act which enables the Metropolitan Corporation or District Council to transfer on mutually agreed terms and conditions its functions or responsibilities with regard to providing municipal services alongwith allocation of corresponding resources and funds to the Union Council falling within its local area.
30. Agency arrangements.–(1) A local government may, through a written agreement, make arrangements with any other local government, or an office, Authority, agency or company of the Government or the Federal Government, for performance of any of its function.
(2) The expenses incurred for carrying into effect the agreement under subsection (1) shall be defrayed by the local government etc., for whom services are provided.
(3) In case of a disagreement on the amount of expenses or the actual value of expenses to be paid or received by a local government during a particular period, the expenses shall be paid and received in such amount and in such manner as may be determined by the Commission.
(4) Every local government shall keep separate accounts for the purposes of this section in the prescribed manner:
provided that arrangements made under this Act shall not diminish, in any respect, the responsibility of a local government with regards to the function or public service.
| 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. |
| – | 26 | 30 | 42 | 30 |
Comments
The extent and scope of the provisions of this Section are similar to the provisions of clause (a) and (b) sub-section (2) of section 21 and section 28 of the Act.
| RELEVANT RULES | |
| 1. | The Punjab Local Governments (Contract) Rules, 2017. |
| 2. | The Punjab Local Government (Contract) Rules, 2003. |
| 3. | The Punjab Local Governments (Auction of Collection of Rights) Rules, 2016. |
31. Establishment of joint authorities.–(1) Two or more local governments may, in the prescribed manner, establish a joint authority for the provision of one or more of such public services which relate to a function assigned to them under this Act.
(2) For the purpose to oversee the functions of the joint authority, the constituting local governments may notify a joint Committee.
| 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. |
| – | 30 | 31 | 43 | 31 |
32. Inter-agency coordination.–(1) A Deputy Commissioner shall, in relation to the district under his charge:
(a) establish coordination between the local governments and the Provincial or Federal agencies, in respect of matter which relates to or affects the work of one or more provincial or federal agencies in the district;
(b) establish coordination between one or more local governments and a cantonment adjoining such local government, for cooperation in respect of integrated services relating to provision of sanitation, water supply, sewerage collection and disposal and similar other services;
(c) advise local governments on avoiding duplication by prioritization of works of similar nature being undertaken by the Government or one or more local governments in the district; and
(d) amicable settlement of disputes among Union Councils or a Union Council with other Government agencies in the district; and
(d) convey Provincial or Federal Government initiative, direction or measure as principal representative of the Government under the Punjab Civil Administration Act, 2017 (Act III of 2017).
(2) Every local government shall generally cooperate with the Deputy Commissioner in performance of his functions under this section.
(3) Where an act of the Deputy Commissioner under subsection (1) is, in the opinion of the Head of a local government, unfair or unreasonable, he may make a reference to the Secretary.
(4) The Secretary may, after having considered the reference and the related circumstances, issue appropriate directions, to the Deputy Commissioner or take such other action in respect of the matter as may, in his opinion, be just or expedient having regards to the circumstances of the case.
| 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. |
| – | – | 32 | 44 | 32 |
Comments
Under subsection (3) of section 3 of the Punjab Civil Administration Act, 2017 (Act III of 2017), a Deputy Commissioner is the officer-in-charge of general administration and principal representative of the Government in the District. He is responsible under section 5 of the Act ibid to coordinate the work of all the offices and public facilities in the district for purposes of integrated development, efficient use of public resources and effective service delivery; support and facilitate the offices and public facilities in the District; ensure that the standards set by the Government in respect of a public facility are fully observed; and supervise and coordinate the implementation of the policies, instructions and guidelines of the Government. The offices and public facilities mentioned in the said section are such public facilities or work relating to such office of the Government in the Tehsil, District or, as the case may be, the Division as the Government may, by notification, specify for purposes of the Act but does not include any office, public facility or work relating to the local government. There may be the instances of overlapping between the functions to be performed by the office under the Punjab Civil Administration Act, 2017 and by the local government under the Act. Hence, in order to deal with such situation, role of inter-agency coordination has been assigned to the Deputy Commissioner of the concerned district. This arrangement in fact facilitates local government in smooth performance of its functions within its local area: harmoniously without interrupting or being interrupted by any related work of the Provincial and Federal agencies, in coordination with other local government or adjoining cantonment in respect of integrated services relating to provision of sanitation, water supply, sewerage collection and disposal and similar other services; avoiding duplication by prioritization of works of similar nature being undertaken by the Government or one or more local governments in the district. This section cannot be taken as an attempt to usurp the financial and administrative autonomy of the local government rather any local government aggrieved by an act of the Deputy Commissioner may make a reference to the Secretary who may issue appropriate directions, to the Deputy Commissioner or take such other action in respect of the matter as may, in his opinion, be just or expedient having regards to the circumstances of the case.
