Indus River System Authority Act, 1992

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THE INDUS RIVER SYSTEM AUTHORITY ACT, 1992 
 
 
 
 
 
CONTENTS 
 
CHAPTER I 
 PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II 
AUTHORITY AND ITS FUNCTIONS 
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. 
8. Powers and Duties of the Authority. 
CHAPTER III 
ADVISORY COMMITTEE 
9. Advisory Committee. 
10. Meetings of the Committee. 
CHAPTER IV 
ESTABLISHMENT 
11. Headquarter of the Authority. 
 
Updated till 14.04.2023
 
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12. Employment of officers and staff. 
13. Immunity of the Authority and its employees. 
14. Delegation of powers to and by Chairman. 
CHAPTER V 
REPORTS AND STATEMENTS 
15. Submission of yearly reports and returns. 
CHAPTER VI 
FINANCING 
16. Fund of authority. 
17. Limited liability. 
18. Maintenance of Accounts. 
19. Annual statement of Accounts. 
20. Audit. 
CHAPTER VII 
MISCELLANEOUS 
21. Rules. 
22. Regulations. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE INDUS RIVER SYSTEM AUTHORITY ACT, 1992 
 
ACT No. XXII OF 1992 
 
[6th December, 1992] 
 
An Act to provide for the establishment of the Indus River System Authority 
 
WHEREAS it is expedient to establish the Indus River System Authority for regulating and 
monitoring the distribution of water sources of Indus Riv er in accordance with the w ater accord 
amongst the Provinces and to provide for matters connected therewith and ancillary thereto; 
 
It is hereby enacted as follows:— 
 
 
CHAPTER I  
PRELIMINARY 
 
1. Short title, extent and commencement.—(1) This Act may be called the  Indus Riv er 
System Authority Act, 1992. 
 
(2)  It shall come into force at once. 
 
2. Definitions.—In  this Act, unless  there is anything  repugnant  in the subject or context,— 
 
(a)     “Authority” means the Indus River System Authority established under section 
3; 
 
(b)       “Chairman” means the Chairman of the Authority;  
(c)       “member” means a member of the Authority ; 
(d)       “prescribed” means prescribed by rules made under this Act;  
(e)       “rules” means rules made under this Act; and 
(f)      “Water Accord” means the agreement entitled “Apportionment of  the   
Waters   of  the   Indus   River   System   Between   the Provinces” signed by 
the Provinces on the sixteenth day of M arch 1991, and approved by the  
Council of common Interest on the twenty-first day of March, 1991. 
 
CHAPTER II 
 
AUTHORITY AND ITS FUNCTIONS 
 
3. Constitution of the Authority.—(1) As soon as may be after the commencement of 
this Act, the Federal Government shall, by a  notification in the official Gazette, establish an 
authority to be known as the Indus River System Authority for carrying out the purposes of this 
Act. 
 
(2) The Authority shall be a body corporate having perpetual succession and a common seal 
with power subject to provisions of this Act to a acquire and hold  property, both moveable and 
immovable, and shall sue and he sued by the name assigned to it under sub-section (1). 
 
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4. Appointment and term of office of Chairman and members.—(1) The Authority shall 
consist of five members, one each to be nominated by each Province and the Federal Government 
from amongst high-ranking engineers in irrigation or related engineering fields. 
 
(2) The first Chairman shall be the member nominated by the Government of Balochistan   
to be followed by the nominees of the Government of North-West Frontier Province, Punjab, Sindh 
and the Federal Government and thereafter in that order. 
 
(3) The  term of  office of the Chairman  shall be one year and  that of a  member three years. 
 
(4) Any m ember shall be eligible for re-appointment for one or more t erm or for such 
shorter term as the Provincial Government or, as the case may be, the Federal Government may 
decide. 
 
(5) The Chairman and any m ember may, by w riting under his hand, addressed to the 
Secretary to the Government of Pakistan, Water and Power Division, resign from his office: 
 
Provided that the resignation shall not take effect until it is accepted by the Federal 
Government. 
 
(6) In the absence of the Chairman, the member next due for appointment as Chairman shall 
act as the Chairman. 
 
(7) In the absence of a member representing a Province, the Secretary, Irrigation Department 
of the Province shall represent that Province. 
 
(8) In the absence of member nominated by the Federal Government the Chief Engineering 
Adviser or his nominee shall represent the Federal Government. 
 
(9) The Chairman of the Water and Power Development Authority and Chief Engineering 
Adviser or their nominees shall be ex-officio members of the Autho rity, but they shall have no 
right to vote. 
 
5. R emuneration and conditions of service.—The Chairman and every m ember shall 
receive such salary and allowances and be subject to such conditions of service as may be 
prescribed and shall perform such duties and functions as are assigned to them under this Act or by 
rules. 
 
6. Removal of Chairman or Members.—The Federal Government may, by notification 
in the official Gazette, after providing an opportunity of being heard and in consultation with the 
Provincial Government concerned, remove the Chairman or any member, where— 
 
(a)     he refuses or fails to discharge or, in the opinion of the Federal Government,  
becomes incapable of discharging his responsibilities; 
 
(b)       he is declared insolvent by a competent court; or 
 
(c)       he is declared to be disqualified for employment in, or has been dismissed  
from, the service of Pakistan or of  Province, or h as been convicted by a  
competent court of an offence involving moral turpitude. 
 
 
 
 
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7. Meetings of the Authority.—(1) The Authority shall meet at least once in every month at 
such time and in such manner as may be specified by regulations: 
 
Provided that until regulations are made in this behalf, such meetings shall be convened 
by the Chairman as he deems necessary. 
 
(2) The Chairman and t wo oth er m embers entitled to vote sh all constitute a  quorum for a 
meeting of the Authority. 
 
8. Powers  and  Duties of  the Authority.—(1) The  duties of  the Authority  shall  be  to— 
 
(a)    lay down t he b asis for the regulation and dist ribution of surface w aters 
amongst the Provinces according to the allocations and poli cies spelt out in 
the Water Accord; 
 
(b)      review and s pecify river and reservoir op eration patterns and p eriodically 
review the system of such operation; 
 
(c)      coordinate and regulate the activities of the Water and Power Development 
Authority in exchange of date between the Provinces in connection with the 
gauging and recording of surface water-flows; 
 
Explanation.—Actual observation and compilation of the data shall be 
the responsibility of the respective Provinces, Water and Power Development 
Authority and other allied organisations, while the process shall be monitored 
by the Authority; 
 
(d)       determine priorities with reference to sub-clause (c) of clause 14 of the Water 
Accord for river and reservoir op erations for i rrigation and hydro-power 
requirements; 
 
(e)      compile and review canal withdrawal indents as received from the Provinces 
on 5 -daily or, as the case m ay be, on 10 -daily b asis and issue consolidated 
operational directives to Water and Power Development Authority for making 
such releases from reservoirs as the A uthority may consider appropriate or 
consistent with the Water Accord; 
 
Explanation.—The directives issued under this clause shall be binding 
upon Water and Power Development Authority and the Provinces, and shall 
be followed in letter and spirit; 
 
(f)        settle and question that may arise between two or more Provinces in respect of 
distribution of river and reservoir waters; and 
 
(g)     consider and make recommendations on the availability of water against the 
allocated shares of  the Provinces within three months  of receipt of fully 
substantiated water accounts or all new water projects for the assistance of the 
Executive Committee of the National Economic Council. 
 
 
(2) Any question in respect of implementation of Water Accord shall be  settled by the 
Authority by the votes of the majority of members and in case of  an equality of votes, the 
Chairman shall have a casting vote. 
 
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(3) A  Provincial Government or the Water and Power Development Authority may , if  
aggrieved  by  any  d ecision  of  the  Authority,  make  a reference to the Coun cil of Common 
Interests. 
 
CHAPTER III  
ADVISORY COMMITTEE 
9. Advisory Committee.—The Authority shall have an Advisory Committee consisting of 
the following:— 
 
(a)     Chairman of the Authority, who shall also be the Chairman of the Adviso ry 
Committee; 
 
(b)       members of the Authority; 
 
(c)       Chief Engineering Advisor to the Government of Pakistan; 
 
(d)     Members, Water and Power Development Authority, in-charge of Water and 
Power Wings; 
 
(e)       Secretaries, Agriculture Departments of the Provinces; and 
 
(f)        Secretaries, Irrigation Departments of the Provinces. 
 
 
 
10. Meetings of the Committee.—The Advisory Committ ee shall meet at su ch time and 
place to consider such matters as the Authority may from time to time, refer to it: 
 
Provided that the Advisory Committee shall, at the start of each cropping seasons of Kharif 
and Rabi, hold its meetings without such reference. 
 
 
CHAPTER IV 
 
ESTABLISHMENT 
 
11. Headquarter of the Authority.—The Authority sh all have its h eadquarters at 
1[Islamabad]. 
 
12. Employment of officers and staff.— The Authority m ay from time to  time, employ 
such officers and other members of staff or appoint such experts and consultants as it may consider 
necessary for the performance of its functions, as it may be prescribed. 
 
(2) The Authority shall prescribe the procedure for appointment, terms and conditions of 
service of its officers and members of staff, experts and consultants and shall  be  competent  to  take  
disciplinary action  against  its officers and members of staff. 
 
13. Immunity of the Authority and its employees.—(1) The Chairman, members, officers 
and members of staff shall, be deemed to be public servants, within the meaning of section 21 of the 
Pakistan Penal Code (Act XLV of 1860). 
 
 
1Subs. by Ord. XLI of 2000, s.2. 
 
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 (2) No suit, prosecution or  other legal proceedings shall lie against the Autho rity, the 
Chairman, members or officers and members of staff of the Authority in respect of anything done or 
intended to be done in good faith under this Act. 
 
14. Delegation of powers to and by Chairman.—The Authority may, by general or special 
order, delegate to the Chairman, a m ember or officer of the Autho rity, all or any of its powers, 
duties or functions under this Act subject to such conditions as it may consider fit to impose. 
 
CHAPTER V 
REPORTS AND STATEMENTS 
 
15. Submission of yearly reports and returns.—(1) The Authority shall, after the close of 
each cropping s easons of Kharif and Rabi, furnish a Water A ccount Report to the  Federal 
Government with copies thereof to the Provincial Governments and Water and Power Development 
Authority indicating Summary of the quantities of inflows and supplies utilised by the Provinces in 
relation to their authorised shares. 
 
(2) Observations on the s easonal water forecast reports prepared by Water and Power 
Development Authority and other issues faced during all seasons shall be incorporated in the Water 
Accounts Report. 
 
(3) As soon as may be, after the end of every financial year but before the  last day of 
September next following, the Authority s hall submit to the Federal Government, a  report with 
copies thereof  to the  Provincial Government on the conduct of its affairs for that year. 
 
(4) The Federal Government may require the Authority to furnish it with— 
 
 
(a)       Any return, statement, estimate, statistics or other information regarding any 
matter under the control of the Authority; and 
 
(b)      copies of every documents in the charge of the Authority. 
 
CHAPTER VI  
FINANCING 
16. Fund of Authority.—(1) There shall be a fund to be known as the “Authority Fund” 
vested in the Authority which shall be utilised by it to meet all expenses and charges in connection 
with its functions under this Act including the payment of salaries and other remunerations to the 
Authority and to its officers and members of staff. 
 
(2)  The Authority Fund shall consists of—  
(a)       Grants made by the Government; 
(b)       loan obtained by the Authority ; and 
 
(c)       all other sums received by the Authority. 
 
17. Limited liability.—The liability of  the Federal Government to the creditors of the 
Authority shall be limited to the extent of grants made by the Federal Government and the loans 
raised by the Authority as guaranted by the Federal Government. 
 
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18. Maintenance of Accounts.—The Authority shall maintain complete and accurate books 
of accounts in the form to be prescribed by the Auditor-General of Pakistan. 
 
19. Annual statement of Accounts.—In the month of January each year, the Authority shall 
submit to the Federal Government, for approval, a st atement  of  t he  estimated  receipts  and  
expenditures  in  respect  of  next financial year. 
 
20. Audit.—(1) The accounts of the authority shall be audited every year by the Auditor-
General of Pakistan in such manner as may be specified. 
 
(2) Copies of the audit report shall be sent to the Authority which shall, alongwith its  
comments,  present to the Federal Government and shall also make it available for public inspection. 
  
(3) The Authority shall carry out any directive issued by the Federal Government for 
rectification of an audit objection. 
 
CHAPTER VII  
MISCELLANEOUS 
21. Rules.—The  Federal  Government  may make rules to carry out  the purposes of  this 
Act. 
 
22. Regulations.—(1) The Authority may make regulations consistent with this Act and the 
rules framed thereunder for the purpose of giving effect to the provisions of this Act. 
 
(2)  In  particular  and  without  prejudice  to  the  generality  of  the aforegoing provisions,  
such  regulations  may provide  for  all  or  any of  the following matters, namely:— 
 
(a) the manner in which the meetings of the Authority may be convened and 
held and the procedure to be followed thereat; and 
 
(b) formation of committees and conduct of business in such committees.