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Pakistan Water and Power Development Authority Act, 1958

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THE PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958

THE 1[PAKISTAN] WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958 WEST PAKISTAN ACT NO. XXXI OF1958 [19th April, 1958] AN ACT to provide for the unified and co-ordinated development of the water and power resources of 2[Pakistan]. Preamble. WHEREAS it is expedient to provide for the unified and co-ordinated development of the water and power resources of 3[Pakistan];

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

Section 1. Short title and extent

(1) This Act may be called the 4[Pakistan Water and Power Development Authority Act, 1958].

(2) It extends to the whole of 5[Pakistan, except the 6[Districts] of Karachi.]

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context—

(i) “Authority” means the 7[Pakistan Water and Power Development Authority] established under section 3 of this Act;

(ii) “Chairman” means the Chairman of the Water and Power Development Authority;

(iii) “controlled station” means a power generating station declared as a controlled station under clause (iv) of sub-section (1) of section 11;

(iv) “Government” means the 8[Federal Government];

(v) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(vi) “local body” means any District Board, District Local Board, Municipal Corporation, Municipal Committee, Municipality, Small Town Committee or Notified Area Committee;

1Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2.

2Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2.

3Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2.

4Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 3.

5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

6Substituted by Act No. XIII of 1994, s. 2.

7Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 4.

8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

(vii) “Member” means Member of the Water and Power Development Authority;

(viii) “power” includes hydraulic power, electrical energy, steam, gas or any other power notified as such by the 1[Government] in the Official Gazette; and

(ix) “Regulations” means Regulations framed under this Act.

CHAPTER II

CONSTITUTION OF THE AUTHORITY

Section 3. Constitution of the Authority

(1) There shall be established an Authority to be known as the 2[Pakistan Water and Power Development Authority] for carrying out the purposes of this Act.

(2) The Authority shall be a body corporate, shall be entitled to acquire 3[, hold and dispose of] property, shall have perpetual succession and a common seal and shall by the said name sue and be

sued.

Section 4. Appointment and term of office of Chairman and Members

4[(1) The Authority shall consist of a Chairman and not more than three members, to be appointed by Government.]

(2) The term of office of the Chairman shall be five years and that of a Member three years.

(3) Any person ceasing to be the Chairman or Member by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide.

(4) The Chairman or any Member may at any time resign; provided that his resignation shall not take effect until accepted by the Government.

Section 5. Remuneration and conditions of service

The Chairman and each Member shall receive such salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Act or by any Regulation framed under it.

Section 6. Removal of Chairman or Members

The Government may by notification remove the Chairman or any Member__

(a) if he refuses or fails to discharge or becomes in the opinion of the Government, incapable of discharging, his responsibilities under this Act; or

(b) if he has been declared insolvent; or

(c) if he has been declared to be disqualified for employment in, or has been dismissed from the service of Pakistan, or has been convicted of an offence involving moral turpitude; or

(d) if he has knowingly acquired or continued to hold without the permission in writing of the Government, directly or indirectly or through a partner, any share

1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

2Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 3.

3Substituted by Act No. XIII of 1994, s. 3.

4Substituted by the West Pakistan Ordinance No. XII of 1967, s. 2.

or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit or has benefited as a result of the operation of the Authority.

Section 7. Meetings of the Authority

(1) The Authority shall meet at such time and place and in such manner, as may be prescribed by Regulations:

Provided that until Regulations are made in this behalf, such meetings shall be convened by the Chairman.

(2) The Chairman, or in his absence a Member authorised by him, and one other Member shall be present to constitute a quorum at a meeting of the Authority.

CHAPTER III

POWERS AND DUTIES OF THE AUTHORITY

Section 8. General powers and duties of the Authority and framing of schemes

(1) The Authority shall prepare, for the approval of the Government, a comprehensive plan for the development and utilization of the water and power resources of 1[Pakistan] on a unified and multi-purpose basis.

(2) The Authority may frame a scheme or schemes for 2[a Province] or any part thereof providing for all or any of the following matters, namely—

(i) irrigation, water-supply and drainage; and recreational use of water resources;

(ii) the generation, transmission and distribution of power; and the construction, maintenance and operation of power houses and grids;

(iii) flood control;

(iv) the prevention of waterlogging and reclamation of waterlogged and salted lands;

(v) inland navigation; 3[*]

(vi) the prevention of any ill-effects on public health resulting from the operations of the Authority ; 4[;] 5[and] 5[(vii) Privatise or otherwise restructure any operation of the Authority except the hydel generating power stations and the National Transmission Grid]

(3) Every scheme prepared by the Authority under sub-section (2) shall be submitted for approval to the Government, with the following information:__

(i) a description of the scheme and the manner of its execution; _________________________________________________________________________________

1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

3Omitted by Act No. XIII of 1994, s. 4.

4Substituted by Act No. XIII of 1994, s. 4.

5Added by Act No. XIII of 1994, s. 4.

(ii) an estimate of costs and benefits; the allocation of costs to the various purposes to be served by the scheme and the amounts to be repaid by the beneficiaries; and

(iii) a statement of the proposals by the Authority for the resettlement or rehousing of persons likely to be displaced by the execution of the scheme.

(4) The Government may sanction or may refuse to sanction, or may return for reconsideration any scheme submitted to it under this section, or may call for such further details or information about the scheme, or may direct such further examination of the scheme as it may consider necessary. 1[(5) Where a scheme is sanctioned by the Government under sub-section (4), the Authority may__

(a) undertake any joint venture or work in association with the Provincial Government, an agency, corporation, company, authority or any person and may subscribe to the equities and acquire such other rights and obligations as may be necessary for such joint venture or association;

(b) promote, form or sponsor any company or companies having objects of installation of thermal and hydel projects and development and utilization of any resources of energy for generation, transmission and distribution of power and for survey, investigation, exploitation and utilization of resources of energy for generation, transmission and distribution of power;

(c) subscribe for, take or otherwise acquire, hold and dispose of shares, bonds, debentures, commercial papers or other securities of any company promoted, formed or sponsored under clause (b) and receive dividends or other payments therefrom and transfer to it any of its land or any other property, moveable or immoveable, tangible or intangible, against cash, shares, bonds, debentures, commercial papers or other securities as is desirable or necessary to enable it to privatise or otherwise restructure any operation of the Authority;

(d) enter into any of the following arrangements which may be consistent with its objects, namely:__

(i) provision of services and personnel;

(ii) provision of goods, appliances, plants, machinery and other material; and

(iii) purchasing of electrical capacity and energy from any company specified in clause (b); and

(e) enter into any contract or agreement with any company or companies specified in clause (b). Explanation.__ For the purpose of this section, the expression “privatise” means the transfer or disinvestment of any of its assets, property, rights or liabilities, interest, power houses, grid operation of work, or maintenance thereof, or generation or its distribution, by the Authority, with the prior

1Added by Act No. XIII of 1994, s. 4.

approval of the Federal Government, for valuable consideration to any person, company or body on ownership basis or for management, control, operation or maintenance, either in joint venture or in association or otherwise and subject to such conditions as the Authority may impose.]

Section 9. Schemes framed by other agencies

(1) Any scheme framed by an agency in 1[any Province], other than the Authority, in respect of any of the matters enumerated in sub-section (2) of section 8, if its estimated cost exceeds the amount to be prescribed by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of section 8.

(2) The Authority may, with the approval of the Government undertake the execution of any scheme, or exercise technical supervision and administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub-section

(2) of section 8. 2[9A. Notwithstanding anything contained in this Act, the Authority may, with the previous approval of the Government, undertake the execution of any scheme framed or sponsored by a Provincial Government or any agency under the control of a Provincial Government or exercise technical supervision and administrative and financial control over the execution thereof on such terms and conditions as may be agreed to by the Authority on the one hand and the Provincial Government or, as the case may be, such agency in consultation with the Provincial Government on the other.]

Section 10. Survey and experiments

The Authority, if it considers this necessary or expedient for carrying out the purposes of this Act, may__

(a) cause studies, surveys, experiments or technical research to be made; or

(b) contribute towards the cost of any such studies, surveys, experiments or technical research made by any other agency. 3[10-A. On and from such date as the Government may, by notification, declare and subject to such terms and conditions as it may determine, all assets including lands, works, machinery, apparatus, material and plants vested in the Government in the Electricity Department shall vest in the Authority, and all liabilities in respect of the said assets shall be the liability of the Authority.]

Section 11. Control over waters, power houses and grids

(1) Subject to the provisions of any other law for the time being in force, the Authority__

(i) shall have control over the—

(a) underground water resources of any region in 4[a Province];

(b) operation of 5[its] power houses and grids, including such ancillary works as may be considered necessary for their proper operation;

1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

3Added by the West Pakistan Ordinance No. XIII of 1959, s. 3.

4Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.

5Substituted by Act No. XIII of 1994, s. 5.

(ii) may make recommendations to the Government for prescribing standards for the__ (a operation and maintenance of all irrigation works;

(b) maintenance of power houses and grids;

(iii) may make recommendations to the Government for promoting simplification of methods of charge for supplies of electricity and standardisation of the system of supply;

1[* * * * * * *] 2[* * * * * * *]

(2) Before the Authority exercises any control under clause (i) of sub-section (1), the area over which and the extent to which control is intended to be exercised shall be agreed to and notified by the Government in the Official Gazette.

2[*

*

*

*

*

*

*]

Section 12. Authority to have powers and obligations of licensee under Act IX of 1910

The Authority shall, for the purposes of the Electricity Act, 1910 (IX of 1910), be deemed to be a licensee and shall have all the powers and discharge all the obligations of a licensee under the said Act:

Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Authority.

Section 13. Powers regarding certain matters

(1) The Authority may take such measures and exercise such powers as it considers necessary or expedient for the carrying out of the purposes of this

Act.

(2) Without prejudice to the generality of the power conferred by the preceding sections and the provisions of sub-section (1) of this section, the Authority may for carrying out the purposes of this Act__

(a) undertake any works, incur any expenditure, procure plant, machinery and materials required for its use and enter into and perform all such contracts as it may consider necessary or expedient;

(b) acquire by purchase, lease, exchange or otherwise and dispose of by sale, lease, exchange or otherwise any land or any interest in land;

(c) place wires, poles, wall brackets, stays, apparatus and appliances for the transmission of electricity, or for the transmission of telegraphic or telephonic communications necessary for the proper execution of a scheme;

(d) direct the owners of private lands to—

(i) carry out measures for training of streams;

1Omitted by Act No. XIII of 1994, s. 5.

2Omitted by Act No. XIII of 1994, s. 5.

(ii) undertake anti-erosion operations, including conservation of forests and re-afforestation;

(e) restrict or prohibit by general or special order the clearing and breaking up of land in the catchment area of any river;

(f) direct that any work which has been required to be done by any person under the two preceding clauses, and which remains undone, shall, after due notice to such person and consideration of any objection raised by him, be executed by the Authority and specify the proportion in which the risk and expense of such work shall be borne by such person, or by any other person who, after being given a reasonable notice and after such inquiry as the Authority considers necessary, is held by the Authority to be responsible for the execution of such work in whole or in part; and

(g) seek and obtain advice and assistance in the preparation or execution of a scheme from any local body or agency of the Government, and such local body or agency shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgement:

Provided that the Authority shall pay the cost of such advice and assistance if the giving of such advice and assistance entails additional expenditure to the local body or the agency.

(3) The acquisition of any land or any interest in land for the Authority under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall apply to all such proceedings.

Section 14. Right of entry

(1) The Chairman or any person authorised by him in writing, may enter upon and survey any land, erect pillars for the determination of intended lines of works, make borings and excavations and do all other acts which may be necessary for the preparation of any scheme:

Provided that when the affected land does not vest in the Authority, the power conferred by this sub-section shall be exercised in such manner as to cause the least interference with, and the least damage to, the rights of the owner thereof.

(2) When any person enters into or upon any land in pursuance of sub-section (1), he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered, the dispute shall be referred to the Deputy Commissioner of the district whose decision shall be final.

Section 15. Sanction of the Government

A scheme framed and sanctioned under this Act may be amended or modified by the Authority at any time, but if a material change is made in the scheme, previous sanction of the Government shall be obtained. Explanation__ An increase in the cost of the scheme by more than fifteen per cent of the sanctioned cost, or a change in the benefit and cost ratio which either makes the cost component in the ratio exceed the benefits or reduces the benefits component by more than fifteen per cent shall be deemed to be a material change for the purpose of this section.

Section 16. Arrangements with local body or other agency

(1) As soon as any scheme has been carried out by the Authority or at a later date, the Authority may arrange by a written agreement with a local body or other agency within whose jurisdiction any particular area covered by the scheme lies, to take over and maintain any of the works and services in that area. If the Authority fails to obtain the assent of such a local body or other agency, it may refer the matter to the 1[Provincial Government], and the 2[Provincial Government] may give such directions to the local body or the other agency as it may deem fit.

(2) The Government shall have the power to direct the Authority to hand over any scheme other than a power scheme or the power part of a multi-purpose scheme carried out by it to any agency of the Government or a local body. In such a case the Authority shall be entitled to receive credit to the extent of the audited expenditure incurred by it on that scheme.

CHAPTER IV

ESTABLISHMENT

Section 17. Employment of officers and servants

(1) The Authority may from time to time employ such officers and servants, or appoint such experts or consultants, as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit 3[:]

4[Provided that all persons serving in connection with the affairs of 5[a Province] in the Electricity and Irrigation Departments shall be liable to serve under the Authority, if required to do so by the 6[Provincial Government], on such terms and conditions as the 7[Provincial Government] may, in consultation with the Authority, determine but shall not be entitled to any deputation allowance:

Provided further that the 8[Provincial Government] may, in relation to any such person as aforesaid, delegate such administrative, disciplinary and financial powers to the Authority as the 9[Provincial Government] may deem fit:

Provided also that the terms and conditions of service of any such person as aforesaid shall not be varied by the Authority to his disadvantage.]

10[(1A) Notwithstanding anything contained in sub-section (1) or any rules made, or orders or instructions issued, by the Authority, or in the terms and conditions of service of any person employed by, or serving under the Authority, the Authority may, at any time, retire or remove from its service any person 11[after informing him in writing of the grounds on which such action is proposed to be taken and giving him an opportunity of showing cause in writing against the action, within a period of fourteen days.]

12[Explanation I.__ For the purpose of this sub-section, ‘any person employed by, or serving under the Authority’ includes a person referred to in the provisos to sub-section (1).

Explanation II.__ Any person referred to in the provisos to sub-section (1) who is removed or retired from service by the Authority under this sub-section shall stand reverted to the Province to

1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

3Subs. by the West Pakistan Ordinance No. XIII of 1959, s. 4.

4Added by the West Pakistan Ordinance No. XIII of 1959, s. 4.

5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

6Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

7Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

9Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

10Inserted by the West Pakistan Act No. LXXXIV of 1975, s. 2.

11Substituted by Act No. XIII of 1994, s. 6.

12Added and shall be deemed always to have been so added by West Pakistan Ordinance No. LXXII of 1979, s. 6.

which he is allocated under the Province of West Pakistan (Dissolution) Order, 1970 (P.O. No.1 of 1970).]

(1B) Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973).] 1[(1C) Any order of removal or termination of service passed by the Authority, in exercise of the powers conferred by sub-section (1A), shall not be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of 1969), or the Essential Services

(Maintenance) Act, 1952 (LIII of 1952), or under any law for the time being in force, before any Court, Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the thirtieth day of September, 1975, and before the coming into force of the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979, setting aside or modifying or declaring any order of the Authority to be void and of no effect, shall stand vacated.]

2[(1D) Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to or in relation to any person employed as a member of the security staff of the Authority for the protection of the installations and establishments of the Authority.]

(2) The Chairman, in case of urgency, may appoint such officers and servants on such terms and conditions as may be necessary:

Provided that every appointment made under this sub-section shall be reported to the Authority without unreasonable delay.

(3) 3[* * * * * * * *]

Section 17A. 4[Omitted]

Section 18. Recruitment and conditions of service and disciplinary powers

The Authority shall prescribe the procedure for appointment, and terms and conditions of service of its officers and servants, and shall be competent to take disciplinary action against its officers and servants.

Section 19. Immunity of the Authority and its employees

(1) The Chairman, Members, officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).

(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, Members or officers and servants of the Authority in respect of anything done or intended to be done, in good faith under this Act.

1Added by West Pakistan Ordinance No. LXXII of 1979, s. 6.

2Added by Ordinance No. XIII of 1983, s. 2.

3Omitted by the West Pakistan Statutory Bodies (Appointment and Removal of Legal Advisers) Ordinance, 1965 (West Pakistan Ordinance No. XXXII of 1965, s. 5 and Sch.

4Omitted by Ordinance No. XXVII of 2000, s. 2.

Section 20. Delegation of powers to Chairman, etc

The Authority may by general or special order delegate to the Chairman, a Member, or officer of the Authority, any of its powers, duties or functions under this Act subject to such conditions as it may think fit to impose.

CHAPTER V

REPORTS AND STATEMENTS

Section 21. Submission of yearly reports and returns, etc

(1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of 1[September] next following, a report on the conduct of its affairs for that year.

(2) A copy of the report mentioned in sub-section (1), together with a copy of the audit report referred to in section 28 shall be placed by the Government before the 2[National Assembly] 3[,] 4[and the 5[National Assembly] shall refer the same to its Committee on public Accounts for scrutiny and examination,]

6[(2A) The Committee on Public Accounts shall scrutinise and examine the reports referred to it under sub-section (2) in the same manner as, and shall in respect thereof, perform the same functions and exercise the same powers as are required by it to be performed and exercised in respect of appropriation accounts of the 7[Federal Government] and the report of the 8[Auditor-General] of Pakistan thereon.]

(3) The Government may require the Authority to furnish it with__

(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority, or

(ii) a report on any such matter, or

(iii) a copy of any document in the charge of the Authority, and the Authority shall comply with every such requisition.

CHAPTER VI

FINANCE

Section 22. Authority Fund

(1) There shall be a fund to be known as the “Authority Fund” vested in the Authority which shall be utilised by the Authority to meet charges in connection with its functions under this Act including the payment of salaries and other remunerations to the Chairman and Members of the Authority and to its officers and servants.

(2) The Authority Fund shall consist of—

(a) grants made by the Government;

1Substituted by West Pakistan Ordinance No. XII of 1960, s. 2.

2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

3Substituted by the West Pakistan Act No. XIII of 1967, s. 2.

4Added by the West Pakistan Act No. XIII of 1967, s. 2.

5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

6Inserted by the West Pakistan Act No. XIII of 1967, s. 2.

7Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

(b) loans obtained from the Government;

(c) grants made by local bodies as required by the Government; 1[(d) sale proceeds of bonds, debentures, commercial papers or other securities issued by the Authority;] 2[(dd) all sums, dividends, shares, bonds, debentures, commercial papers, securities or any other payments received from a company or companies specified in clause

(b) of sub-section (5) of section 8;]

(e) loans obtained by the Authority with the special or general sanction of the Government;

(f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or otherwise, with the sanction 3[and under the gaurantee] of, and on such terms and conditions as may be approved by the Government; and

(g) all other sums received by the Authority.

Section 23. Authority to be deemed to be a local authority

4[(1)] The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 (IX of 1914), for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Act shall be deemed to be a work which such authority is legally authorised to carry out.

5[(2) Any sum due to the Authority shall be recoverable as arrears of land revenues.]

Section 24. Limited liability

The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.

Section 25. Rates for sale of power

(1) The Authority shall ordinarily sell power in bulk.

(2) The rates at which the Authority shall sell power shall be so fixed as to provide for meeting the operating costs, interest charges and depreciation of assets, the redemption at due time of loans other than those covered by depreciation, the payment of any taxes and a reasonable return on investment.

Section 26. Maintenance of accounts

The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by it:

Provided that separate accounts shall be maintained for all schemes and transactions relating to power.

Section 27. Annual statement of accounts

In the month of 6[January] each year the Authority shall submit to the Government for approval a statement of the estimated receipts and expenditure in respect of the next financial year.

1Substituted by Act No. XIII of 1994, s. 7.

2Ins. by Act No. XIII of 1994, s. 7.

3Ins. by Act No. XIII of 1994, s. 7.

4Re-numbered by Act No. XIII of 1994, s. 8.

5Added by Act No. XIII of 1994, s. 8.

6Substituted by the West Pakistan Ordinance No. XII of 1960, s. 3.

Section 28. Audit

The accounts of the Authority shall be audited every year by the 1[Auditor-General] of Pakistan in such manner as may be prescribed by the Government. Copies of the audit report shall be sent to the Authority, and, with the comments of the Authority, to the Government and shall also be available for public inspection. The Authority shall carry out any directive issued by the Government for rectification of an audit objection.

CHAPTER VII

Section 29. Regulations

For the purpose of carrying into effect the provisions of this Act, the Authority may, with the approval of the Government, frame such Regulations as it may consider necessary or expedient.

Section 30. Repeal

The West Pakistan Water and Power Development Authority Ordinance, 1958 (West Pakistan Ordinance No. VIII of 1958), is hereby repealed.

_______

RGN Date: 12-05-2025

1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.

Print contents from the source
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title and extent 
2. Definitions 
CHAPTER II 
CONSTITUTION OF THE AUTHORITY 
3. Constitution of the Authority 
4. Appointment and term of office of Chairman and Members 
5. Remuneration and conditions of service 
6. Removal of Chairman or Members 
7. Meetings of the Authority 
CHAPTER III 
POWERS AND DUTIES OF THE AUTHORITY 
8. General powers and duties of the Authority and framing of schemes 
9. Schemes framed by other agencies 
9A. 
10. Survey and experiments 
10-A. 
11. Control over waters, power houses and grids 
 

 
Page 2 of 14 
 
12. Authority to have powers and obligations of licensee under Act IX of 1910 
13. Powers regarding certain matters 
14. Right of entry 
15. Sanction of the Government 
16. Arrangements with local body or other agency 
CHAPTER IV 
ESTABLISHMENT 
17. Employment of officers and servants 
17A. Omitted 
18. Recruitment and conditions of service and disciplinary powers 
19. Immunity of the Authority and its employees 
20. Delegation of powers to Chairman, etc. 
CHAPTER V 
REPORTS AND STATEMENTS 
21. Submission of yearly reports and returns, etc. 
CHAPTER VI 
FINANCE 
22. Authority Fund 
23. Authority to be deemed to be a local authority 
24. Limited liability  
25. Rates for sale of power 
26. Maintenance of accounts 
27. Annual statement of accounts 
28. Audit 
CHAPTER VII 
29. Regulations 
30. Repeal
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Page 1 of 14 
 
 
 
THE PAKISTAN WATER AND POWER DEVELOPMENT 
AUTHORITY ACT, 1958 
 
 
 
 
 
 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title and extent 
2. Definitions 
CHAPTER II 
CONSTITUTION OF THE AUTHORITY 
3. Constitution of the Authority 
4. Appointment and term of office of Chairman and Members 
5. Remuneration and conditions of service 
6. Removal of Chairman or Members 
7. Meetings of the Authority 
CHAPTER III 
POWERS AND DUTIES OF THE AUTHORITY 
8. General powers and duties of the Authority and framing of schemes 
9. Schemes framed by other agencies 
9A. 
10. Survey and experiments 
10-A. 
11. Control over waters, power houses and grids 
 

 
Page 2 of 14 
 
12. Authority to have powers and obligations of licensee under Act IX of 1910 
13. Powers regarding certain matters 
14. Right of entry 
15. Sanction of the Government 
16. Arrangements with local body or other agency 
CHAPTER IV 
ESTABLISHMENT 
17. Employment of officers and servants 
17A. Omitted 
18. Recruitment and conditions of service and disciplinary powers 
19. Immunity of the Authority and its employees 
20. Delegation of powers to Chairman, etc. 
CHAPTER V 
REPORTS AND STATEMENTS 
21. Submission of yearly reports and returns, etc. 
CHAPTER VI 
FINANCE 
22. Authority Fund 
23. Authority to be deemed to be a local authority 
24. Limited liability  
25. Rates for sale of power 
26. Maintenance of accounts 
27. Annual statement of accounts 
28. Audit 
CHAPTER VII 
29. Regulations 
30. Repeal 
 
 
Page 3 of 14 
 
THE 1[PAKISTAN] WATER AND POWER DEVELOPMENT  
AUTHORITY ACT, 1958 
WEST PAKISTAN ACT NO. XXXI OF1958 
[19th April, 1958] 
AN 
ACT 
to provide for the unified and co-ordinated development of the water and power resources of 
2[Pakistan]. 
Preamble. WHEREAS it is expedient to provide for the unified and co-ordinated development 
of the water and power resources of 3[Pakistan]; 
 It is hereby enacted as follows:- 
CHAPTER I 
PRELIMINARY 
1. Short title and extent . (1) This Act may be called the 4[Pakistan Water and Power 
Development Authority Act, 1958]. 
 (2) It extends to the whole of 5[Pakistan, except the 6[Districts] of Karachi.] 
2. Definitions. In this Act, unless there is anything repugnant in the subject or context— 
(i)  “Authority” means the 7[Pakistan Water and Power Development Authority] 
established under section 3 of this Act; 
(ii) “Chairman” means the Chairman of the Water and Power Development 
Authority; 
(iii) “controlled station” means a power generating station declared as a controlled 
station under clause (iv) of sub-section (1) of section 11; 
(iv) “Government” means the 8[Federal Government];  
(v) “land” includes benefits to arise out of land, and things attached to the earth or 
permanently fastened to anything attached to the earth; 
(vi) “local body” means any District Board, District Local Board, Municipal 
Corporation, Municipal Committee, Municipality, Small Town Committee or 
Notified Area Committee; 
 
1Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2.  
2Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2. 
3Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 2. 
4Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 3.  
5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.  
6Substituted by Act No. XIII of 1994, s. 2. 
7Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 4. 
8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch. 
 
 
Page 4 of 14 
 
 (vii) “Member” means Member of the Water and Power Development Authority; 
(viii) “power” includes hydraulic power, electrical energy, steam, gas or any other 
power notified as such by the 1[Government] in the Official Gazette; and 
(ix) “Regulations” means Regulations framed under this Act. 
CHAPTER II 
CONSTITUTION OF THE AUTHORITY 
3. Constitution of the Authority. (1) There shall be established an Authority to be known as 
the 2[Pakistan Water and Power Development Authority] for carrying out the purposes of this Act. 
 (2) The Authority shall be a body corporate, shall be entitled to acquire 3[, hold and dispose of] 
property, shall have perpetual succession and a common seal and shall by the said name sue and be 
sued. 
4. Appointment and term of office of Chairman and Members . 4[(1) The Authority shall 
consist of a Chairman and not more than three members, to be appointed by Government.] 
 (2) The term of office of the Chairman shall be five years and that of a Member three years. 
 (3) Any person ceasing to be the Chairman or Member by reason of the expiry of the term of 
his of fice shall be eligible for re -appointment for another term or for such shorter term as the 
Government may decide. 
(4) The Chairman or any Member may at any time resign; provided that his resignation shall 
not take effect until accepted by the Government. 
5. Remuneration and conditions of service . The Chairman and each Member shall receive 
such salary and allowances and be subject to such conditions of service as may be prescribed by the 
Government, and shall perform such duties as are assigned to them under this Act or by any Regulation 
framed under it. 
6. Removal of Chairman or Members . The Government may by notificat ion remove the 
Chairman or any Member__ 
(a) if he refuses or fails to discharge or becomes in the opinion of the Government, 
incapable of discharging, his responsibilities under this Act; or 
(b) if he has been declared insolvent; or 
(c) if he has been declared to be disqualified for employment in, or has been 
dismissed from the service of Pakistan, or has been convicted of an offence 
involving moral turpitude; or  
(d) if he has knowingly acquired or continued to hold without the permission in 
writing of the Government, directly or indirectly or through a partner, any share  
1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch. 
2Substituted by West Pakistan Ordinance No. LXXII of 1979, s. 3. 
3Substituted by Act No. XIII of 1994, s. 3. 
4Substituted by the West Pakistan Ordinance No. XII of 1967, s. 2. 
 
Page 5 of 14 
 
or interest in any contract or employment with or by or on behalf of the 
Authority, or in any land or property which, in his knowledge, is likely to benefit 
or has benefited as a result of the operation of the Authority. 
7. Meetings of the Authority. (1) The Authority shall meet at such time and place and in such 
manner, as may be prescribed by Regulations: 
 Provided that until Regulations are made in this behalf, such meetings shall be convened by 
the Chairman. 
 (2) The Chairman, or in his absence a Member authorised by him, and one other Member shall 
be present to constitute a quorum at a meeting of the Authority. 
CHAPTER III 
POWERS AND DUTIES OF THE AUTHORITY 
8. General powers and duties of the Authority and framing of schemes. (1) The Authority 
shall prepare, for the approval of the Government, a comprehensive plan for the development and 
utilization of the water and power resources of 1[Pakistan] on a unified and multi-purpose basis. 
 (2) The Authority may frame a scheme or sch emes for 2[a Province]  or any part thereof 
providing for all or any of the following matters, namely— 
(i) irrigation, water-supply and drainage; and recreational use of water resources; 
(ii) the generation, transmission and distribution of power; and the c onstruction, 
maintenance and operation of power houses and grids; 
(iii) flood control; 
(iv) the prevention of waterlogging and reclamation of waterlogged and salted lands; 
(v) inland navigation; 3[*] 
(vi) the prevention of any ill -effects on public health resulting from the operations 
of the Authority ; 4[;] 5[and] 
 5[(vii)  Privatise or otherwise restructure any operation of the Authority except the 
hydel generating power stations and the National Transmission Grid] 
(3) Every scheme prepared by the Authority under sub -section (2) shall be submitted for 
approval to the Government, with the following information:__ 
(i) a description of the scheme and the manner of its execution; 
_________________________________________________________________________________ 
1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch. 
2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch. 
3Omitted by Act No. XIII of 1994, s. 4.  
4Substituted by Act No. XIII of 1994, s. 4. 
5Added by Act No. XIII of 1994, s. 4. 
 
 
Page 6 of 14 
 
(ii) an estimate of costs and benefits; the allocation of costs to the various purposes 
to be served by the scheme and the amounts to be repaid by the beneficiaries; 
and 
(iii) a statement of the proposals by the Autho rity for the resettlement or re housing 
of persons likely to be displaced by the execution of the scheme. 
 (4) The Government may sanction or may refuse to sanction, or may return for reconsideration 
any scheme submitted to it under this section, or may call for such further details or information about 
the scheme, or may direct such further examination of the scheme as it may consider necessary. 
 1[(5) Where a scheme is sanctioned by the Government under sub-section (4), the Authority 
may__ 
(a) undertake any joint venture or work in association with the Provincial 
Government, an agency, corporation, company, authority or a ny person and 
may subscribe to the equities and acquire such other rights and obligations as 
may be necessary for such joint venture or association; 
(b) promote, form or sponsor any company or companies having objects of 
installation of thermal and hydel p rojects and development and utilization of 
any resources of energy for generation, transmission and distribution of power 
and for survey, investigation, exploitation and utilization of resources of energy 
for generation, transmission and distribution of power; 
(c) subscribe for, take or otherwise acquire, hold and dispose of shares, bonds, 
debentures, commercial papers or other securities of any company promoted, 
formed or sponsored under clause (b) and receive dividends or other payments 
therefrom and transfer to it any of its land or any other property, mov eable or 
immoveable, tangible or intangible, against cash, shares, bonds, debentures, 
commercial papers or other securities as is desirable or necessary to enable it to 
privatise or otherwise restructure any operation of the Authority; 
(d) enter into any of the following arrangements which may be consistent with its 
objects, namely:__ 
 (i) provision of services and personnel; 
(ii) provision of goods, appliances, plants, machinery and other material; 
and 
(iii) purchasing of electrical capacity and energy from any company 
specified in clause (b); and 
(e) enter into any contract or agreement with any company or companies specified 
in clause (b). 
Explanation.__ For the purpose of this section, the expression “privatise” means the transfer or 
disinvestment of any of its assets, property, rights or liabilities, interest, power houses, grid operation 
of work, or maintenance thereof, or generation or  its  distribution,  by  the  Authority,  with  the prior  
 
1Added by Act No. XIII of 1994, s. 4. 
 
Page 7 of 14 
 
  
approval of the Federal Government, for valuable consideration to any person, company or 
body on ownership basis or for management, control, operation or maintenance, either in joint venture 
or in association or otherwise and subject to such conditions as the Authority may impose.] 
9. Schemes framed by other agencies . (1) Any scheme framed by an agency in 1[any 
Province], other than the Authority, in respect of any of the matters enumerated in sub -section (2) of 
section 8, if its estimated cost exceeds the amount to be prescribed by the Government, shall be 
submitted to the Government through the Authority and the Government  may pass any of the orders 
contemplated by sub-section (4) of section 8. 
 (2) The Authority may, with the approval of the Government undertake the execution of any 
scheme, or exercise technical supervision and administrative and financial control over the execution 
of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub-section 
(2) of section 8. 
2[9A. Notwithstanding anything contained in this Act , the Authority may, with the previous 
approval of the Government, undertake the execution of any scheme framed or sponsored by a 
Provincial Government  or any agency under the control of a Provincial Government or exercise 
technical supervision and administrative and financial control over the execution thereof on such terms 
and conditions as may be agreed to by the Authority on the one hand and the Prov incial Government 
or, as the case may be, such agency in consultation with the Provincial Government on the other.] 
10. Survey and experiments . The Authority, if it considers this necessary or expedient for 
carrying out the purposes of this Act, may__ 
(a) cause studies, surveys, experiments or technical research to be made; or 
(b) contribute towards the cost of any such studies, surveys, experiments or 
technical research made by any other agency. 
3[10-A. On and from such date as the Government may, by notification, declare and subject to 
such terms and conditions as it may determine, all assets including lands, works, machinery, apparatus, 
material and plants vested in the Government in the Electricity Department shall vest in the Authority, 
and all liabilities in respect of the said assets shall be the liability of the Authority.] 
11. Control over waters, power houses and grids. (1) Subject to the provisions of any other 
law for the time being in force, the Authority__ 
(i) shall have control over the— 
(a) underground water resources of any region in 4[a Province]; 
(b) operation of  5[its] power houses and grids, including such ancillary 
works as may be considered necessary for their proper operation; 
 
1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.  
2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch.  
3Added by the West Pakistan Ordinance No. XIII of 1959, s. 3. 
4Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Sch. 
5Substituted by Act No. XIII of 1994, s. 5. 
 
Page 8 of 14 
 
(ii) may make recommendations to the Government for prescribing standards for 
the__ 
(a operation and maintenance of all irrigation works; 
(b) maintenance of power houses and grids; 
(iii) may make recommendations to the Government for promoting simplification of 
methods of charge for supplies of electricity and standardisation of the system 
of supply; 
1[*  *  *  *  *  *  *] 
2[* * * * * * *] 
 (2) Before the Authority exercises any control under clause (i) of sub-section (1), the area over 
which and the extent to which control is intended to be exercised shall be agreed to and notified by the 
Government in the Official Gazette. 
 2[*   *   *   *   *   *   *] 
12. Authority to have powers and obligations of licensee under Act IX of 1910 . The 
Authority shall, for the purposes of the Electricity Act, 1910 (IX of 1910), be deemed to be a licensee 
and shall have all the powers and discharge all the obligations of a licensee under the said Act: 
Provided that nothing in sections 3 to 11, sub -sections (2) and (3) of section 21 and sections 
22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations 
of a licensee shall apply to the Authority. 
13. Powers regarding certain matters . (1) The Authority may take such measures and 
exercise such powers as it considers necessary or expedient for the carrying out of the purposes of this 
Act. 
(2) Without prejudice to the generality of the power conferred by the preceding sections and 
the provisions of sub -section (1) of this section, the Authority may for carrying out the purposes of 
this Act__ 
(a) undertake any works,  incur any expenditure, procure plant, machinery and 
materials required for its use and enter into and perform all such contracts as it 
may consider necessary or expedient; 
(b) acquire by purchase, lease, exchange or otherwise and dispose of by sale, lease, 
exchange or otherwise any land or any interest in land; 
(c) place wires, poles, wall brackets, stays, apparatus and appliances for the 
transmission of electricity, or for the transmission of telegraphic or telephonic 
communications necessary for the proper execution of a scheme; 
 
(d) direct the owners of private lands to— 
 
(i) carry out measures for training of streams; 
 
1Omitted by Act No. XIII of 1994, s. 5. 
2Omitted by Act No. XIII of 1994, s. 5. 
 
Page 9 of 14 
 
(ii) undertake anti-erosion operations, including conservation of forests and 
re-afforestation; 
(e) restrict or prohibit by general or special order the clearing and breaking up of 
land in the catchment area of any river; 
(f) direct that any work which has been required to be done by any person under 
the two preceding clauses, and which remains undone, shall, after due notice to 
such person and consideration of any objection raised by him, be executed by 
the Authority and specify the proportion in which the risk and expense of such 
work shall be borne by s uch person, or by any other person who, after being 
given a reasonable notice and after such inquiry as the Authority considers 
necessary, is held by the Authority to be responsible for the execution of such 
work in whole or in part; and 
(g) seek and obtai n advice and assistance in the preparation or execution of a 
scheme from any local body or agency of the Government, and such local body 
or agency shall give the advice and assistance sought by the Authority to the 
best of its ability, knowledge and judgement: 
 Provided that the Authority shall pay the cost of such advice and 
assistance if the giving of such advice and assistance entails additional 
expenditure to the local body or the agency. 
 (3) The acquisition of any land or any interest in land for the Authority under this section, or 
for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the 
meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall apply 
to all such proceedings. 
14. Right of entry. (1) The Chairman or any person authorised by him in writing, may enter 
upon and survey any land, erect pillars for the determination of intended lines of works, make borings 
and excavations and do all other acts which may be necessary for the preparation of any scheme: 
 Provided that when the affected land does not vest in the Authority, the power conferred by 
this sub-section shall be exercised in such manner as to cause the least interference with, and the least 
damage to, the rights of the owner thereof. 
 (2) When any person enters into or upon any land in pursuance of sub -section (1), he shall, at 
the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary 
damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or 
tendered, the dispute shall be referred to the Deputy Commissioner of the district whose decision shall 
be final. 
15. Sanction of the Government . A scheme framed and sanctioned under this Act may be 
amended or modified by the Authority at any time, but if a material change is made in the scheme, 
previous sanction of the Government shall be obtained. 
Explanation__ An increase in the cost of the scheme by more than fifte en per cent of the 
sanctioned cost, or a change in the benefit and cost ratio which either makes the cost component in the 
ratio exceed the benefits or reduces the benefits component by more than fifteen per cent shall be 
deemed to be a material change for the purpose of this section. 
 
Page 10 of 14 
 
16. Arrangements with local body or other agency . (1) As soon as any scheme has been 
carried out by the Authority or at a later date, the Authority may arrange by a written agreement with 
a local body or other agency within whose jurisdiction any particular area covered by the scheme lies, 
to take over and maintain any of the works and services in that area. If the Authority fails to obtain the 
assent of such a local body or other agency, it may refer the matter to the 1[Provincial Government], 
and the 2[Provincial Government] may give such directions to the local body or the other agency as it 
may deem fit. 
 
 
(2) The Government shall have the power to direct the Authority to hand over any scheme other 
than a power scheme or the  power part of a multi -purpose scheme carried out by it to any agency of 
the Government or a local body. In such a case the Authority shall be entitled to receive credit to the 
extent of the audited expenditure incurred by it on that scheme. 
 
CHAPTER IV 
 
ESTABLISHMENT 
 
17. Employment of officers and servants. (1) The Authority may from time to time employ 
such officers and servants, or appoint such experts or consultants, as it may consider necessary for the 
performance of its functions, on such terms and conditions as it may deem fit 3[:] 
 
4[Provided that all persons serving in connection with the affairs of 5[a Province] in the 
Electricity and Irrigation Departments shall be liable to serve under the Authority, if required to do so 
by the 6[Provincial Government], on such terms and conditions as the 7[Provincial Government] may, 
in consultation with the Authority, determine but shall not be entitled to any deputation allowance: 
 
Provided further that the 8[Provincial Government] may, in relation to any suc h person as 
aforesaid, delegate such administrative, disciplinary and financial powers to the Authority as the 
9[Provincial Government] may deem fit: 
 
 Provided also that the terms and conditions of service of any such person as aforesaid shall not 
be varied by the Authority to his disadvantage.] 
 
  10[(1A) Notwithstanding anything contained in sub-section (1) or any rules made, or orders or 
instructions issued, by the Authority, or in the terms and conditions of service of any person employed 
by, or serving under the Authority , the Authority may, at any time, retire or remove from its service 
any person 11[after informing him in writing of the grounds on which such action is proposed to be 
taken and giving him an opportunity of showing cause in writing against the action, within a period of 
fourteen days.] 
 
 12[Explanation I.__ For the purpose of this sub -section, ‘any person employed by , or serving 
under the Authority’ includes a person referred to in the provisos to sub-section (1). 
 
 Explanation II.__ Any person referred to in the provisos to sub-section (1) who is removed or 
retired from service by the Authority under this sub-section shall stand reverted to the Province to  
 
1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.  
5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
3Subs. by the West Pakistan Ordinance No. XIII of 1959, s. 4. 
4Added by the West Pakistan Ordinance No. XIII of 1959, s. 4. 
5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
6Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
7Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
9Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
10Inserted by the West Pakistan Act No. LXXXIV of 1975, s. 2. 
11Substituted by Act No. XIII of 1994, s. 6. 
12Added and shall be deemed always to have been so added by West Pakistan Ordinance No. LXXII of 1979, s. 6. 
 
Page 11 of 14 
 
which he is allocated under the Province of West Pakistan (Dissolution) Order, 1970 (P.O. No.1 of 
1970).] 
  (1B) Service under the Authority is hereby declared to be service of Pakistan and every person 
holding a post under the Authority, not being a person who is on deputation to the Authority from any 
Province, shall be deemed to be a civil servant for the purposes of the S ervice Tribunals Act, 1973 
(LXX of 1973).] 
            1[(1C) Any order of removal or termination of service passed by the Authority, in exercise of 
the powers conferred by sub -section (1A), shall not be called in question in any proceedings taken 
under the Industrial Relations Ordinance, 1969 (XXIII of 1969), or the Essential Services 
(Maintenance) Act, 1952 (LIII of 1952), or under any law for the time being in force, before any Court, 
Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the thirtieth 
day of September, 1975, and before the coming into force  of the West Pakistan Water and Power 
Development Authority (Amendment) Ordinance, 1979, setting aside or modifying or declaring any 
order of the Authority to be void and of no effect, shall stand vacated.] 
  2[(1D) Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall 
apply to or in relation to any person employed as a member of the security staff of the Authority for 
the protection of the installations and establishments of the Authority.] 
 (2) The Chairman, in case of urgency, may appoint such officers and servants on such terms 
and conditions as may be necessary: 
 Provided that every appointment made under this sub-section shall be reported to the Authority 
without unreasonable delay. 
 (3) 3[*   *  *  *  *  *  *  *] 
17A. 4[Omitted] 
18. Recruitment and conditions of service and disciplinary powers . The Authority shall 
prescribe the procedure for appointment, and terms and conditions of service of its officers and 
servants, and shall be competent to take disciplinary action against its officers and servants. 
19. Immunity of the Authority and its employees. (1) The Chairman, Members, officers and 
servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions 
of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal 
Code (XLV of 1860). 
(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, 
Members or officers and servants of the Authority in respect of anything done or intended to be done, 
in good faith under this Act. 
 
1Added by West Pakistan Ordinance No. LXXII of 1979, s. 6.  
2Added by Ordinance No. XIII of 1983, s. 2. 
3Omitted by the West Pakistan Statutory Bodies (Appointment and Removal of Legal Advisers) Ordinance, 1965 (West Pakistan Ordinance No. XXXII 
of 1965, s. 5 and Sch.  
4Omitted by Ordinance No. XXVII of 2000, s. 2. 
 
 
Page 12 of 14 
 
20. Delegation of powers to Chairman, etc . The Authority may by general or special order 
delegate to the Chairman, a Member, or officer of the Authority, any of its powers, duties or functions 
under this Act subject to such conditions as it may think fit to impose. 
CHAPTER V 
REPORTS AND STATEMENTS 
21. Submission of yearly reports and returns, etc . (1) The Authority shall submit to the 
Government, as soon as possible after the end of every financial year but before the last day of 
1[September] next following, a report on the conduct of its affairs for that year. 
 (2) A copy of the report mentioned in sub-section (1), together with a copy of the audit report 
referred to in section 28 shall be placed by the Government before the 2[National Assembly] 3[,] 4[and 
the 5[National Assembly] shall refer the same to its Committee on public Accoun ts for scrutiny and 
examination,] 
  6[(2A) The Committee on Public Accounts shall scrutinise and examine the reports referred to 
it under sub-section (2) in the same manner as, and shall in respect thereof, perform the same functions 
and exercise the same powers as are r equired by it to be performed and exercised in respect of 
appropriation accounts of the 7[Federal Government] and the report of the 8[Auditor-General] of 
Pakistan thereon.] 
 (3) The Government may require the Authority to furnish it with__ 
(i) any return, statement, estimate, statistics or other information regarding any 
matter under the control of the Authority, or 
(ii) a report on any such matter, or  
(iii) a copy of any document in the charge of the Authority, and 
the Authority shall comply with every such requisition. 
CHAPTER VI 
FINANCE 
22. Authority Fund.__ (1) There shall be a fund to be known as the “Authority Fund” vested 
in the Authority which shall be utilised by the Authority to meet charges in connection with its 
functions under this Act including the payment of salaries and other remunerations to the Chairman 
and Members of the Authority and to its officers and servants. 
(2) The Authority Fund shall consist of— 
(a) grants made by the Government; 
 
1Substituted by West Pakistan Ordinance No. XII of 1960, s. 2.  
2Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
3Substituted by the West Pakistan Act No. XIII of 1967, s. 2.  
4Added by the West Pakistan Act No. XIII of 1967, s. 2.  
5Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
6Inserted by the West Pakistan Act No. XIII of 1967, s. 2. 
7Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch. 
8Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.  
 
Page 13 of 14 
 
(b) loans obtained from the Government; 
(c) grants made by local bodies as required by the Government; 
 1[(d) sale proceeds of bonds, debentures, commercial papers or other securities issued 
by the Authority;] 
 2[(dd) all sums, dividends, shares, bonds, debentures, commercial papers, securities or 
any other payments received from a company or companies specified in clause 
(b) of sub-section (5) of section 8;] 
(e) loans obtained by the Authority with the special or general sanction of the 
Government; 
(f) foreign aid and loans obtained from the International Bank of Reconstruction 
and Development or otherwise, with the sanction 3[and under the gaurantee] of, 
and on such terms and conditions as may be approved by the Government; and 
(g) all other sums received by the Authority. 
23. Authority to be deemed to be a local authority. 4[(1)] The Authority shall be deemed to 
be a local authority under the Local Authorities Loans Act, 1914  (IX of 1914),  for the purpose of 
borrowing money under the said Act, and the making and execution of any scheme under this Act shall 
be deemed to be a work which such authority is legally authorised to carry out. 
  5[(2) Any sum due to the Authority shall be recoverable as arrears of land revenues.] 
24. Limited liability. The liability of the Government to the creditors of the Authority shall be 
limited to the extent of grants made by the Government and the loans raised by the Authority with the 
sanction of the Government. 
25. Rates for sale of power. (1) The Authority shall ordinarily sell power in bulk. 
 (2) The rates at which the Authority shall sell power shall be so fixed as to provide for meeting 
the operating costs, interest cha rges and depreciation of assets,  the redemption at due time of loans 
other than those covered by depreciation, the payment of any taxes and a reasonable return on 
investment. 
26. Maintenance of accounts. The Authority shall maintain complete and accurate books of 
accounts in such form as may be prescribed by it: 
 Provided that separate accounts shall be maintained for all schemes and transactions relating 
to power. 
27. Annual statement of accounts . In the month of 6[January] each year the Authority shall 
submit to the Government for approval a statement of the estimated receipts and expenditure in respect 
of the next financial year. 
 
1Substituted by Act No. XIII of 1994, s. 7.  
2Ins. by Act No. XIII of 1994, s. 7. 
3Ins. by Act No. XIII of 1994, s. 7. 
4Re-numbered by Act No. XIII of 1994, s. 8. 
5Added by Act No. XIII of 1994, s. 8. 
6Substituted by the West Pakistan Ordinance No. XII of 1960, s. 3. 
 
Page 14 of 14 
 
28. Audit. The accounts of the Authority shall be audited every year by the 1[Auditor-General] 
of Pakistan in such manner as may be prescribed by the Government. Copies of the audit report shall 
be sent to the Authority, and, with the comments of the Authority, to the Government and shall also 
be available for public inspection. The Authority shall carry out any directive issued by the  
Government for rectification of an audit objection. 
CHAPTER VII 
29. Regulations. For the purpose of carrying into effect the provisions of this Act, the Authority 
may, with the approval of the Government, frame such Regulations as it may consider necessar y or 
expedient. 
30. Repeal. The West Pakistan Water and Power Development Authority Ordinance, 1958  
(West Pakistan Ordinance No. VIII of 1958), is hereby repealed. 
 
_______ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Date: 12-05-2025 
1Substituted by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. and Sch.
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Section 3

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his Act, unless there is anything repugnant in the subject or context— (i) “Authority” means the 7[Pakistan Water and Power Development Authority] established under section 3 of this Act; (ii) “Chairman” means the Chairman of the Water and Power Development Authority; (iii) “controlled station” means a power generating station declared as a controlled station under clause (iv) of sub-section (

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Section 11

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d Power Development Authority; (iii) “controlled station” means a power generating station declared as a controlled station under clause (iv) of sub-section (1) of section 11; (iv) “Government” means the 8[Federal Government]; (v) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (vi) “local body” means a

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Section 8

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other agencies . (1) Any scheme framed by an agency in 1[any Province], other than the Authority, in respect of any of the matters enumerated in sub -section (2) of section 8, if its estimated cost exceeds the amount to be prescribed by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of sectio

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Section 8

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ribed by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of section 8. (2) The Authority may, with the approval of the Government undertake the execution of any scheme, or exercise technical supervision and administrative and financial control over the execution of any scheme framed or spons

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Section 8

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nd administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub-section (2) of section 8. 2[9A. Notwithstanding anything contained in this Act , the Authority may, with the previous approval of the Government, undertake the execution of any scheme framed or sponsored by a Provincial Government or any agency un

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Section 21

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d shall have all the powers and discharge all the obligations of a licensee under the said Act: Provided that nothing in sections 3 to 11, sub -sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Authority. 13. Powers regarding certain matters . (1) The Authority m

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Section 28

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a report on the conduct of its affairs for that year. (2) A copy of the report mentioned in sub-section (1), together with a copy of the audit report referred to in section 28 shall be placed by the Government before the 2[National Assembly] 3[,] 4[and the 5[National Assembly] shall refer the same to its Committee on public Accoun ts for scrutiny and examination,] 6[(2A) The Committee on Public

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Section 8

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ds, shares, bonds, debentures, commercial papers, securities or any other payments received from a company or companies specified in clause (b) of sub-section (5) of section 8;] (e) loans obtained by the Authority with the special or general sanction of the Government; (f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or otherwise, with the sanctio

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6d3cf2bc86788b44e6309deb2883af1cfa193619fe4a0099ec7f6fbe90f1c5a7
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2d40d52e5f4170247c3a1855b006b4cf989389ae15bb54e56db442017f3a17f9
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Pakistan Water and Power Development Authority Act, 1958
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pk-code-13856d587dce2d5d
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6d3cf2bc86788b44e6309deb2883af1cfa193619fe4a0099ec7f6fbe90f1c5a7

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