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  "title": "Indus River System Authority Act, 1992",
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  "text": "Page 1 of 8 \r\n \r\n \r\nTHE INDUS RIVER SYSTEM AUTHORITY ACT, 1992 \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\n PRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nAUTHORITY AND ITS FUNCTIONS \r\n3. Constitution of the Authority. \r\n4. Appointment and term of office of Chairman and members.  \r\n5. Remuneration and conditions of service. \r\n6. Removal of Chairman or Members. \r\n7. Meetings of the Authority. \r\n8. Powers and Duties of the Authority. \r\nCHAPTER III \r\nADVISORY COMMITTEE \r\n9. Advisory Committee. \r\n10. Meetings of the Committee. \r\nCHAPTER IV \r\nESTABLISHMENT \r\n11. Headquarter of the Authority. \r\n \r\nUpdated till 14.04.2023\r\n \r\nPage 2 of 8 \r\n \r\n12. Employment of officers and staff. \r\n13. Immunity of the Authority and its employees. \r\n14. Delegation of powers to and by Chairman. \r\nCHAPTER V \r\nREPORTS AND STATEMENTS \r\n15. Submission of yearly reports and returns. \r\nCHAPTER VI \r\nFINANCING \r\n16. Fund of authority. \r\n17. Limited liability. \r\n18. Maintenance of Accounts. \r\n19. Annual statement of Accounts. \r\n20. Audit. \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n21. Rules. \r\n22. Regulations. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 8 \r\n \r\nTHE INDUS RIVER SYSTEM AUTHORITY ACT, 1992 \r\n \r\nACT No. XXII OF 1992 \r\n \r\n[6th December, 1992] \r\n \r\nAn Act to provide for the establishment of the Indus River System Authority \r\n \r\nWHEREAS it is expedient to establish the Indus River System Authority for regulating and \r\nmonitoring the distribution of water sources of Indus Riv er in accordance with the w ater accord \r\namongst the Provinces and to provide for matters connected therewith and ancillary thereto; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\n \r\nCHAPTER I  \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement.—(1) This Act may be called the  Indus Riv er \r\nSystem Authority Act, 1992. \r\n \r\n(2)  It shall come into force at once. \r\n \r\n2. Definitions.—In  this Act, unless  there is anything  repugnant  in the subject or context,— \r\n \r\n(a)     “Authority” means the Indus River System Authority established under section \r\n3; \r\n \r\n(b)       “Chairman” means the Chairman of the Authority;  \r\n(c)       “member” means a member of the Authority ; \r\n(d)       “prescribed” means prescribed by rules made under this Act;  \r\n(e)       “rules” means rules made under this Act; and \r\n(f)      “Water Accord” means the agreement entitled “Apportionment of  the   \r\nWaters   of  the   Indus   River   System   Between   the Provinces” signed by \r\nthe Provinces on the sixteenth day of M arch 1991, and approved by the  \r\nCouncil of common Interest on the twenty-first day of March, 1991. \r\n \r\nCHAPTER II \r\n \r\nAUTHORITY AND ITS FUNCTIONS \r\n \r\n3. Constitution of the Authority.—(1) As soon as may be after the commencement of \r\nthis Act, the Federal Government shall, by a  notification in the official Gazette, establish an \r\nauthority to be known as the Indus River System Authority for carrying out the purposes of this \r\nAct. \r\n \r\n(2) The Authority shall be a body corporate having perpetual succession and a common seal \r\nwith power subject to provisions of this Act to a acquire and hold  property, both moveable and \r\nimmovable, and shall sue and he sued by the name assigned to it under sub-section (1). \r\n \r\nPage 4 of 8 \r\n \r\n4. Appointment and term of office of Chairman and members.—(1) The Authority shall \r\nconsist of five members, one each to be nominated by each Province and the Federal Government \r\nfrom amongst high-ranking engineers in irrigation or related engineering fields. \r\n \r\n(2) The first Chairman shall be the member nominated by the Government of Balochistan   \r\nto be followed by the nominees of the Government of North-West Frontier Province, Punjab, Sindh \r\nand the Federal Government and thereafter in that order. \r\n \r\n(3) The  term of  office of the Chairman  shall be one year and  that of a  member three years. \r\n \r\n(4) Any m ember shall be eligible for re-appointment for one or more t erm or for such \r\nshorter term as the Provincial Government or, as the case may be, the Federal Government may \r\ndecide. \r\n \r\n(5) The Chairman and any m ember may, by w riting under his hand, addressed to the \r\nSecretary to the Government of Pakistan, Water and Power Division, resign from his office: \r\n \r\nProvided that the resignation shall not take effect until it is accepted by the Federal \r\nGovernment. \r\n \r\n(6) In the absence of the Chairman, the member next due for appointment as Chairman shall \r\nact as the Chairman. \r\n \r\n(7) In the absence of a member representing a Province, the Secretary, Irrigation Department \r\nof the Province shall represent that Province. \r\n \r\n(8) In the absence of member nominated by the Federal Government the Chief Engineering \r\nAdviser or his nominee shall represent the Federal Government. \r\n \r\n(9) The Chairman of the Water and Power Development Authority and Chief Engineering \r\nAdviser or their nominees shall be ex-officio members of the Autho rity, but they shall have no \r\nright to vote. \r\n \r\n5. R emuneration and conditions of service.—The Chairman and every m ember shall \r\nreceive such salary and allowances and be subject to such conditions of service as may be \r\nprescribed and shall perform such duties and functions as are assigned to them under this Act or by \r\nrules. \r\n \r\n6. Removal of Chairman or Members.—The Federal Government may, by notification \r\nin the official Gazette, after providing an opportunity of being heard and in consultation with the \r\nProvincial Government concerned, remove the Chairman or any member, where— \r\n \r\n(a)     he refuses or fails to discharge or, in the opinion of the Federal Government,  \r\nbecomes incapable of discharging his responsibilities; \r\n \r\n(b)       he is declared insolvent by a competent court; or \r\n \r\n(c)       he is declared to be disqualified for employment in, or has been dismissed  \r\nfrom, the service of Pakistan or of  Province, or h as been convicted by a  \r\ncompetent court of an offence involving moral turpitude. \r\n \r\n \r\n \r\n \r\nPage 5 of 8 \r\n \r\n7. Meetings of the Authority.—(1) The Authority shall meet at least once in every month at \r\nsuch time and in such manner as may be specified by regulations: \r\n \r\nProvided that until regulations are made in this behalf, such meetings shall be convened \r\nby the Chairman as he deems necessary. \r\n \r\n(2) The Chairman and t wo oth er m embers entitled to vote sh all constitute a  quorum for a \r\nmeeting of the Authority. \r\n \r\n8. Powers  and  Duties of  the Authority.—(1) The  duties of  the Authority  shall  be  to— \r\n \r\n(a)    lay down t he b asis for the regulation and dist ribution of surface w aters \r\namongst the Provinces according to the allocations and poli cies spelt out in \r\nthe Water Accord; \r\n \r\n(b)      review and s pecify river and reservoir op eration patterns and p eriodically \r\nreview the system of such operation; \r\n \r\n(c)      coordinate and regulate the activities of the Water and Power Development \r\nAuthority in exchange of date between the Provinces in connection with the \r\ngauging and recording of surface water-flows; \r\n \r\nExplanation.—Actual observation and compilation of the data shall be \r\nthe responsibility of the respective Provinces, Water and Power Development \r\nAuthority and other allied organisations, while the process shall be monitored \r\nby the Authority; \r\n \r\n(d)       determine priorities with reference to sub-clause (c) of clause 14 of the Water \r\nAccord for river and reservoir op erations for i rrigation and hydro-power \r\nrequirements; \r\n \r\n(e)      compile and review canal withdrawal indents as received from the Provinces \r\non 5 -daily or, as the case m ay be, on 10 -daily b asis and issue consolidated \r\noperational directives to Water and Power Development Authority for making \r\nsuch releases from reservoirs as the A uthority may consider appropriate or \r\nconsistent with the Water Accord; \r\n \r\nExplanation.—The directives issued under this clause shall be binding \r\nupon Water and Power Development Authority and the Provinces, and shall \r\nbe followed in letter and spirit; \r\n \r\n(f)        settle and question that may arise between two or more Provinces in respect of \r\ndistribution of river and reservoir waters; and \r\n \r\n(g)     consider and make recommendations on the availability of water against the \r\nallocated shares of  the Provinces within three months  of receipt of fully \r\nsubstantiated water accounts or all new water projects for the assistance of the \r\nExecutive Committee of the National Economic Council. \r\n \r\n \r\n(2) Any question in respect of implementation of Water Accord shall be  settled by the \r\nAuthority by the votes of the majority of members and in case of  an equality of votes, the \r\nChairman shall have a casting vote. \r\n \r\nPage 6 of 8 \r\n \r\n(3) A  Provincial Government or the Water and Power Development Authority may , if  \r\naggrieved  by  any  d ecision  of  the  Authority,  make  a reference to the Coun cil of Common \r\nInterests. \r\n \r\nCHAPTER III  \r\nADVISORY COMMITTEE \r\n9. Advisory Committee.—The Authority shall have an Advisory Committee consisting of \r\nthe following:— \r\n \r\n(a)     Chairman of the Authority, who shall also be the Chairman of the Adviso ry \r\nCommittee; \r\n \r\n(b)       members of the Authority; \r\n \r\n(c)       Chief Engineering Advisor to the Government of Pakistan; \r\n \r\n(d)     Members, Water and Power Development Authority, in-charge of Water and \r\nPower Wings; \r\n \r\n(e)       Secretaries, Agriculture Departments of the Provinces; and \r\n \r\n(f)        Secretaries, Irrigation Departments of the Provinces. \r\n \r\n \r\n \r\n10. Meetings of the Committee.—The Advisory Committ ee shall meet at su ch time and \r\nplace to consider such matters as the Authority may from time to time, refer to it: \r\n \r\nProvided that the Advisory Committee shall, at the start of each cropping seasons of Kharif \r\nand Rabi, hold its meetings without such reference. \r\n \r\n \r\nCHAPTER IV \r\n \r\nESTABLISHMENT \r\n \r\n11. Headquarter of the Authority.—The Authority sh all have its h eadquarters at \r\n1[Islamabad]. \r\n \r\n12. Employment of officers and staff.— The Authority m ay from time to  time, employ \r\nsuch officers and other members of staff or appoint such experts and consultants as it may consider \r\nnecessary for the performance of its functions, as it may be prescribed. \r\n \r\n(2) The Authority shall prescribe the procedure for appointment, terms and conditions of \r\nservice of its officers and members of staff, experts and consultants and shall  be  competent  to  take  \r\ndisciplinary action  against  its officers and members of staff. \r\n \r\n13. Immunity of the Authority and its employees.—(1) The Chairman, members, officers \r\nand members of staff shall, be deemed to be public servants, within the meaning of section 21 of the \r\nPakistan Penal Code (Act XLV of 1860). \r\n \r\n \r\n1Subs. by Ord. XLI of 2000, s.2. \r\n \r\nPage 7 of 8 \r\n \r\n (2) No suit, prosecution or  other legal proceedings shall lie against the Autho rity, the \r\nChairman, members or officers and members of staff of the Authority in respect of anything done or \r\nintended to be done in good faith under this Act. \r\n \r\n14. Delegation of powers to and by Chairman.—The Authority may, by general or special \r\norder, delegate to the Chairman, a m ember or officer of the Autho rity, all or any of its powers, \r\nduties or functions under this Act subject to such conditions as it may consider fit to impose. \r\n \r\nCHAPTER V \r\nREPORTS AND STATEMENTS \r\n \r\n15. Submission of yearly reports and returns.—(1) The Authority shall, after the close of \r\neach cropping s easons of Kharif and Rabi, furnish a Water A ccount Report to the  Federal \r\nGovernment with copies thereof to the Provincial Governments and Water and Power Development \r\nAuthority indicating Summary of the quantities of inflows and supplies utilised by the Provinces in \r\nrelation to their authorised shares. \r\n \r\n(2) Observations on the s easonal water forecast reports prepared by Water and Power \r\nDevelopment Authority and other issues faced during all seasons shall be incorporated in the Water \r\nAccounts Report. \r\n \r\n(3) As soon as may be, after the end of every financial year but before the  last day of \r\nSeptember next following, the Authority s hall submit to the Federal Government, a  report with \r\ncopies thereof  to the  Provincial Government on the conduct of its affairs for that year. \r\n \r\n(4) The Federal Government may require the Authority to furnish it with— \r\n \r\n \r\n(a)       Any return, statement, estimate, statistics or other information regarding any \r\nmatter under the control of the Authority; and \r\n \r\n(b)      copies of every documents in the charge of the Authority. \r\n \r\nCHAPTER VI  \r\nFINANCING \r\n16. Fund of Authority.—(1) There shall be a fund to be known as the “Authority Fund” \r\nvested in the Authority which shall be utilised by it to meet all expenses and charges in connection \r\nwith its functions under this Act including the payment of salaries and other remunerations to the \r\nAuthority and to its officers and members of staff. \r\n \r\n(2)  The Authority Fund shall consists of—  \r\n(a)       Grants made by the Government; \r\n(b)       loan obtained by the Authority ; and \r\n \r\n(c)       all other sums received by the Authority. \r\n \r\n17. Limited liability.—The liability of  the Federal Government to the creditors of the \r\nAuthority shall be limited to the extent of grants made by the Federal Government and the loans \r\nraised by the Authority as guaranted by the Federal Government. \r\n \r\nPage 8 of 8 \r\n \r\n18. Maintenance of Accounts.—The Authority shall maintain complete and accurate books \r\nof accounts in the form to be prescribed by the Auditor-General of Pakistan. \r\n \r\n19. Annual statement of Accounts.—In the month of January each year, the Authority shall \r\nsubmit to the Federal Government, for approval, a st atement  of  t he  estimated  receipts  and  \r\nexpenditures  in  respect  of  next financial year. \r\n \r\n20. Audit.—(1) The accounts of the authority shall be audited every year by the Auditor-\r\nGeneral of Pakistan in such manner as may be specified. \r\n \r\n(2) Copies of the audit report shall be sent to the Authority which shall, alongwith its  \r\ncomments,  present to the Federal Government and shall also make it available for public inspection. \r\n  \r\n(3) The Authority shall carry out any directive issued by the Federal Government for \r\nrectification of an audit objection. \r\n \r\nCHAPTER VII  \r\nMISCELLANEOUS \r\n21. Rules.—The  Federal  Government  may make rules to carry out  the purposes of  this \r\nAct. \r\n \r\n22. Regulations.—(1) The Authority may make regulations consistent with this Act and the \r\nrules framed thereunder for the purpose of giving effect to the provisions of this Act. \r\n \r\n(2)  In  particular  and  without  prejudice  to  the  generality  of  the aforegoing provisions,  \r\nsuch  regulations  may provide  for  all  or  any of  the following matters, namely:— \r\n \r\n(a) the manner in which the meetings of the Authority may be convened and \r\nheld and the procedure to be followed thereat; and \r\n \r\n(b) formation of committees and conduct of business in such committees.",
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