{ "schema_version": "qanun-law-text/1", "id": "pk-code-a09a8915c3645dc6", "title": "Regulation of Generation Transmission and Distribution of Electric Power Act, 1997", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5tm-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "8206ab4588309c81598c4798d29c23aa83665498d050b18690b1b09f06225624", "source_sha256": "8206ab4588309c81598c4798d29c23aa83665498d050b18690b1b09f06225624", "text_version_id": "law:pk-code-a09a8915c3645dc6:sha256:8206ab4588309c81598c4798d29c23aa83665498d050b18690b1b09f06225624", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 46 \r\n \r\n \r\n \r\n \r\nTHE REGULATION OF GENERATION, TRANSMISSION AND \r\nDISTRIBUTION OF ELECTRIC POWER ACT, 1997 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n________________________ \r\n \r\nCHAPTER I \r\nGENERAL \r\n \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nESTABLISHMENT OF AUTHORITY \r\n \r\n3. Establishment of the Authority \r\n4. Resignation and removal of Chairman, etc. \r\n5. Meetings of the Authority, etc. \r\n6. Decisions of the Authority \r\n7. Powers and functions of the Authority \r\n8. Remuneration of Chairman and members \r\n8A. Disclosure of interest by members of the Authority \r\n8B. Notification of interest by others \r\n9. Chairman, etc. to be public servant \r\n10. Staff and advisers, etc. \r\n10A. Indemnity \r\n11. Tribunals \r\n12. Delegation \r\n \r\n\r\n \r\nPage 2 of 46 \r\n \r\nCHAPTER IIA \r\nAPPELLATE TRIBUNAL \r\n \r\n12A. Establishment of Appellate Tribunal \r\n12B. Qualifications and eligibility \r\n12C. Disqualifications \r\n12D. Automatic disqualification \r\n12E. Decisions, determinations and quorum \r\n12F. Vacancy in the Appellate Tribunal \r\n12G. Appellate procedures \r\n12H. Disclosure of interest \r\n12I. Powers of the Appellate Tribunal \r\n12J. Panel of experts \r\n12K. Budget \r\n13. Funds \r\n14. Accounts \r\nCHAPTER IIB \r\nNATIONAL ELECTRICITY POLICY AND PLAN \r\n \r\n14A. National electricity policy and plan \r\n \r\nCHAPTER IIC \r\nGENERATION OF ELECTRICITY \r\n14B. Generation \r\n14C. Captive generation \r\n14D. Duties of generating companies \r\nCHAPTER III \r\nLICENCES AND REGISTRATION \r\n \r\n15 Omitted \r\n16. Transmission licence \r\n17. National Grid Company \r\n18. Responsibilities of National Grid Company \r\n \r\nPage 3 of 46 \r\n \r\n18A. Provincial grid company \r\n18B. Responsibilities of provincial grid company \r\n19. Special purpose transmission licence \r\n20. Distribution licences \r\n21. Duties and responsibilities of distribution licensees \r\n22. Sale to bulk power consumers \r\n23. Sale of electric power to other distribution companies \r\n23A. Market operator licence \r\n23B. Duties and responsibilities of a market operator \r\n23C. Electric power trader licence \r\n23D. Duties and responsibilities of electric power trader \r\n23E. Electric power supply licence \r\n23F. Duties and responsibilities of an electric power supplier \r\n23G. System operator licence \r\n23H. Duties and responsibilities of a system operator \r\n24. Licensees to be companies \r\n25. Licences of Territory Served by KESC \r\n25A. Registration \r\n26. Modifications \r\n27. Assignment of licence prohibited \r\nCHAPTER IIIA \r\nENFORCEMENT \r\n \r\n27A. Investigation and proceedings by the Authority \r\n27B. Penalty for default or contravention \r\n27C. Prohibition order \r\n28. Suspension and revocation \r\n29. Omitted \r\n \r\nPage 4 of 46 \r\n \r\n30. WAPDA and PEDO to be licensees \r\nCHAPTER IIIB \r\nTARIFF \r\n31. Tariff \r\n32. Investment and power acquisition programmes \r\nCHAPTER IIIC \r\nPERFORMANCE AND STANDARDS \r\n \r\n33. Organizational matters \r\n34. Performance standards \r\n35. Industry standards and codes of conduct \r\n35A. Offices of complaints regarding over-billing etc. \r\n36. Uniform system of accounts \r\n37. Review of public sector projects \r\nCHAPTER IV \r\nADMINISTRATION \r\n38. Provincial offices of inspection \r\n39. Complaints \r\nCHAPTER IVA \r\nMISCELLANEOUS \r\n \r\n40. Enforcement of orders of the Authority \r\n41. Sum payable to the Authority to be recoverable as land revenue \r\n42. Reports of the Authority \r\n43. Inspection by public \r\n44. Information \r\n45. Relationship to other laws \r\n46. Rules \r\n47. Regulations \r\n48. Power of the Authority to issue directives, circulars, guidelines, etc. \r\n49. Cognizance of offences \r\n50. Savings \r\n51. Validation \r\n \r\nPage 5 of 46 \r\n \r\nTHE REGULATION OF GENERATION, TRANSMISSION AND DISTRIBUTION OF \r\nELECTRIC POWER ACT, 1997 \r\n \r\nACT No. XL OF 1997 \r\n \r\nAn Act to provide for the regulation of generation, transmission and distribution of electric power \r\n \r\nWHEREAS it is expedient to provide for the regulation of generation, transmission and \r\ndistribution of electric power and matters connected therewith and incidental thereto; \r\n \r\n1[AND WHEREAS it is expedient to ensure the elimination of energy poverty in the country to \r\nensure the highest standards of transparent, certain and effective regulation of the electric power \r\nmarkets of the Islamic Republic of Pakistan, to provide the legal framework within which a \r\ncompetitive electric power market can develop and sustain, to make special provisions for \r\ndevelopment of renewable electricity markets in accordance with the international commitments of \r\nthe Islamic Republic of Pakistan as well as the responsibility of the Islamic Republic of Pakistan to \r\nsupport and encourage measures to effectively mitigate adverse climate change and to effectively \r\nmanage conflict of interest of the State in relation to development of the electric power markets of the \r\nIslamic Republic of Pakistan;] \r\nIt is hereby enacted as follows: — \r\nCHAPTER I \r\nGENERAL \r\n1. Short title, extent and commencement. — (1) This Act may be called the Regulation of \r\nGeneration, Transmission and Distribution of Electric Power Act, 1997. \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n2[shall apply to the Federally Administered Tribal Areas.] \r\n \r\n3[shall apply to the Provincially Administered Tribal Areas of the North-West Frontier \r\nProvince, except the tribal area adjoining Manshera district and the former state of \r\nAmb.] \r\n \r\n1[(3) It shall come into force at once, except sections 23A, 23B, 23G and 23H which shall come \r\ninto force within a period of five years of coming into force of the Regulation of Generation, \r\nTransmission and Distribution of Electric Power (Amendment) Act, 2018 or on such earlier date as \r\nthe Federal Government may, by notification in the official Gazette, appoint.] \r\n \r\n2. Definitions. — In this Act, unless there is anything repugnant in the subject or context, \r\n \r\n(i) “Authority” means the National Electric Power Regulatory Authority \r\nestablished under section 3; \r\n \r\n(ii) “bulk­power consumer” means a consumer who purchases or receives electric \r\npower, at one premises, in an amount of one megawatt or more or in such other \r\namount and voltage level and with such other characteristics as the Authority \r\nmay 1[specify] and the Authority may 1[specify] different amounts and voltage \r\nlevels and with such other characteristics for different areas; \r\n \r\n1[(iia) “captive generating plant” means a power plant setup by any person to generate \r\nelectricity primarily for his own use and includes a power plant setup \r\n \r\n1Added, Subs. and Ins. by Act No. XII of 2018, ss. 2-4 \r\n2 This Act shall apply to F.A.T.A. vide SRO. 119(1)/2007, Dated. 7­2­2007 \r\n3Ins. vide Government of KPK Notification No. SO (FATA)/HD/1-105/06 dated 17.05.2006 \r\n \r\nPage 6 of 46 \r\n \r\nby any co-operative society or association of persons for generating electricity \r\nprimarily for use of members of such co-operative society or association;] \r\n \r\n(iii) “Chairman” means the Chairman of the Authority; \r\n \r\n1[(iiia) “consolidated accounts” means the consolidated revenue requirement of public \r\nsector licensees, engaged in supply of electric power to consumers, complied \r\nby the uniform tariff applicant, on the basis of individual tariff determined by \r\nthe Authority of such licensees;] \r\n \r\n(iv) “consumer” means a person or his successor­in­interest who purchases or \r\nreceives electric power for consumption and not for delivery or re­sale to others, \r\nincluding a person who owns or occupies a premises where electric power is \r\nsupplied; \r\n \r\n2[(iva) “consumer category” means such category of consumers as may be prescribed;] \r\n \r\n(v) “distribution” means the ownership, operation, management or control of \r\ndistribution facilities for the movement or delivery 2[**] to consumers of \r\nelectric power but shall not include the ownership, operation, management and \r\ncontrol of distribution facilities located on private property and used solely to \r\nmove or deliver electric power to the person owning, operating, managing and \r\ncontrolling those facilities or to tenants thereof shall not constitute distribution; \r\n \r\n(vi) “distribution company” means a person engaged in the distribution of electric \r\npower; \r\n \r\n(vii) “distribution facilities” means electrical facilities operating at distribution \r\nvoltage and used for the movement or delivery of electric power; \r\n \r\n(viii) “distribution voltage” means any voltage below minimum transmission \r\nvoltage; \r\n \r\n(ix) “electric power” means electrical energy or the capacity for the production of \r\nelectrical power; \r\n \r\n2[(x) “electric power service” includes the generation, transmission, distribution, \r\nsupply, sale or trading of electric power and all other services incidental \r\nthereto;] \r\n \r\n2[(xa) “electric power supplier” means a person who has been granted a licence \r\nunder this Act to undertake supply of electricity; \r\n \r\n(xb) “electric power trader” means a person who has been granted a licence under \r\nthis Act to undertake trading in electricity;] \r\n \r\n1Ins. by Act No. XIV of 2021, s.2 \r\n2Ins. Omitted and subs. by Act No. XII of 2018, s.4 \r\n \r\n \r\nPage 7 of 46 \r\n \r\n(xi) “generation” means the ownership, operation, management or control of \r\ngeneration facilities for delivery or sale of electric power and not solely for \r\nconsumption by the person owning, operating, managing, and controlling those \r\nfacilities; \r\n \r\n (xii) “generation company” means a person engaged in the generation of electric \r\npower; \r\n(xiii) “generation facility” means the electrical facility used for the production of \r\nelectric power; \r\n(xiv) “inter­connection service” means the connection of one company’s electrical \r\nfacilities to another company’s electrical facilities; \r\n(xv) “KESC” means the Karachi Electric Supply Corporation, a public limited \r\ncompany, incorporated under the Companies Act, 1913; \r\n(xvi) “licence” means a licence issued 1[* * * * *] under this Act; \r\n(xvii) “licensee” means a holder of a licence; \r\n1[(xviia) “market operator” means a person responsible for organization and \r\nadministration of trade in electricity and payment settlements among generators, \r\nlicensees and consumers;] \r\n(xviii) “member” means a member of the Authority including the Chairman 1[or a \r\nmember of the Appellate Tribunal where the context so requires]; \r\n(xix) “minimum transmission voltage” means sixty­six kilovolts or such other \r\nvoltage that the Authority may determine to be the minimum voltage at which \r\nelectrical facilities are operated when used to deliver electric power in bulk; \r\n1[(xixa) “national electricity policy” means a policy approved by the Council of \r\nCommon Interests and made under section 14A; \r\n(xixb) “national electricity plan” means the plan made under section 14A;] \r\n(xx) “national grid company” means the person engaged in the transmission of \r\nelectric power and granted a licence under section 17; \r\n1[(xxa) “Pakhtunkhwa Energy Development Organization” or “PEDO” means the \r\nPakhtunkhwa Energy Development Organization established under the \r\nPakhtunkhwa Energy Development Organization Act, 1993 (Khyber \r\nPakhtunkhwa Act No. I of 1993);] \r\n(xxi) “person” shall include an association of persons, concern, company, firm or \r\nundertaking 2[, authority, or body corporate set up or controlled by the Federal \r\nGovernment or, as the case may be, the Provincial Government]; \r\n \r\n \r\n1Omitted, Ins. and Added by Act No. XII of 2018, s.4 \r\n2Added by Act No. XVIII of 2011, s.2 \r\n \r\nPage 8 of 46 \r\n \r\n(xxii) “prescribed” means prescribed by rules made under this Act; \r\n1[(xxiia) “provincial grid company” means the person engaged in transmission of \r\nelectric power and licensed under section 18A;] \r\n(xxiii) “public sector project” means generation, transmission or distribution \r\nfacilities constructed, owned, managed or controlled by the Federal \r\nGovernment, a Provincial Government, a local authority or any body owned or \r\ncontrolled by any such Government or authority; \r\n(xxiv) “regulations” means regulations made under this Act; \r\n1[(xxiva) “renewable electricity” means electricity derived from— \r\n(a) a wind, solar, renewable, biomass, ocean (including tidal, wave, current \r\nand thermal), geothermal or hydroelectric source; or \r\n \r\n(b) hydrogen derived from renewable biomass or water using an energy \r\nsource described in clause (a); \r\n \r\n(xxivb) “service territory” means the area specified in a licence within which the \r\nlicensee is authorized to conduct business;] \r\n \r\n1[(xxv) * * * * * * *] \r\n1[(xxva) “specified” means specified by regulations made under this Act; \r\n(xxvb) “system operator” means a person licensed under this Act to administer system \r\noperation and dispatch;] \r\n(xxvi) “transmission” means the ownership, operation, management or control of \r\ntransmission facilities; \r\n(xxvii) “transmission facilities” means electrical transmission facilities including \r\nelectrical circuits, transformers and sub­stations operating at or above the \r\nminimum transmission voltage but shall not include— \r\n(a) electrical circuits forming the immediate connection between generation \r\nfacilities and the transmission grid to the extent that those circuits are \r\nowned by a generation company and are directly associated with that \r\ncompany’s generation facilities; \r\n \r\n \r\n(b) specified facilities operating at or above the minimum transmission \r\nvoltage which the Authority, upon an application by a licensee under \r\nsection 20, determines that such facilities shall be owned and operated \r\nby a distribution licensee; \r\n \r\n2[(xxviia) “uniform tariff applicant” means any entity designated by the concerned \r\nMinister in Charge for the purposes of filling uniform tariff application based \r\non consolidated accounts; and \r\n \r\n1 Ins. and Omitted by Act No. XII of 2018, s.4 \r\n2Ins. by Act No. XIV of 2021, s.2 \r\n \r\nPage 9 of 46 \r\n \r\n(xxviib) “uniform tariff application” means an application filed by the uniform tariff \r\napplicant for the purposes of determination, modification and revision of the \r\nuniform tariff;] \r\n(xxviii) “WAPDA” means the Pakistan Water and Power Development Authority \r\nestablished under the Pakistan Water and Power Development Authority Act, \r\n1958 (W.P. Act XXXI of 1958). \r\n \r\n_________________ \r\n \r\nCHAPTER II \r\nESTABLISHMENT OF AUTHORITY \r\n3. Establishment of the Authority.— 1[(1)As soon as may be, after the commencement of \r\nthis Act, the Federal Government shall, by notification in the official Gazette, establish an Authority \r\nto be known as the National Electric Power Regulatory Authority which shall be a body corporate, \r\nhaving perpetual succession and a common seal with powers, subject to the provisions of this Act, to \r\nacquire and hold property, both moveable and immovable, and to sue and be sued by its name.] \r\n1[(2) The Authority shall consist of a Chairman and four specialized members, to be appointed \r\nby the Federal Government and shall comprise of, — \r\n(a) the member tariff and finance who shall be a person holding a degree in the field of \r\neconomics, corporate finance or chartered accountancy and is a professional of known \r\nintegrity and eminence with a minimum of twelve years of related experience in the \r\nfield of corporate finance or chartered accountancy and shall be nominated by the \r\nProvinces or Federal Government, as the case may be, by rotation in the following \r\norder, namely: — \r\n(i) the member representing the province of Balochistan; \r\n(ii) the member representing the province of Punjab; \r\n(iii) the member representing the province of Khyber Pakhtunkhwa; and \r\n(iv) the member representing the province of Sindh; \r\n(b) the member technical shall be a person holding an engineering degree in the fields of \r\nelectricity, energy or power and is a professional of known integrity and eminence with \r\na minimum of twelve years of related experience in the field of electrical and power \r\nservices business and shall be nominated by the Provinces or Federal Government, as \r\nthe case may be, by rotation in the following order, namely: — \r\n \r\n(i) the member representing the province of Sindh; \r\n(ii) the member representing the province of Khyber Pakhtunkhwa; \r\n(iii) the member representing the provinces of Punjab; and \r\n(iv) the member representing the province of Balochistan; \r\n \r\n \r\n1 Subs. by Act No. LIV of 2021, s.2 \r\n \r\nPage 10 of 46 \r\n \r\n (c) the member law who shall be a person holding a degree in the field of corporate and \r\neconomics law and is a professional of known integrity and eminence with a minimum \r\nof twelve years of related experience in the field of corporate law and economics law \r\nand shall be nominated by the Provinces or Federal Government, as the case may be, \r\nby rotation in the following order, namely, — \r\n(i) the member representing the province of Punjab; \r\n(ii) the member representing the province of Sindh; \r\n(iii) the member representing the province of Balochistan; and \r\n(iv) the member representing the province of Khyber Pakhtunkhwa; and \r\n(d) the member development who shall be a person holding a degree in the field of \r\neconomics, chartered accountancy or an engineering in electricity, energy or power and \r\nis a professional of known integrity and eminence with a minimum of twelve years of \r\nrelated experience in the field of public policy, renewable energy or electric power \r\nservices business and shall be nominated by the Provinces or Federal Government, as \r\nthe case may be, by rotation in the following order, namely:— \r\n(i) the member representing the provmce of Khyber Pakhtunkhwa; \r\n(ii) the member representing the province of Balochistan; \r\n(iii) the member representing the province of Sindh; and \r\n(iv) the member representing the province of Punjab.] \r\n1[(3) The Chairman shall be a person known for his integrity and eminence having experience \r\nof not less than twelve years in any relevant field including law, business, engineering, finance, \r\n2[chartered accountcy] or economics preferably in the electric power services business.] \r\n2[(4) Every member of the Authority shall be appointed for a period of three years on such \r\nterms and conditions as may be prescribed.] \r\n1[(4A) The Authority as a whole shall comprise the requisite range of skills, competence, \r\nknowledge and experience relevant to its functions.] \r\n(5) The Chairman 2[***] shall, unless he resigns or is removed from office earlier as hereinafter \r\nprovided, hold office for a term of four years and shall be eligible for re­appointment for similar term: \r\n2[Provided that the Chairman or a member shall not be appointed under sub-section (2) if he \r\nhas attained the age of sixty years;] \r\n2[Provided further that the process of appointment of new Chairman or member under sub-\r\nsection (2) shall be finalized ninety days prior to the retirement of incumbent Chairman or member as \r\nthe case may be.] \r\n \r\n \r\n \r\n1Subs.and Ins. by Act No. XII of 2018, s.5 \r\n2 Subs. and Omitted by Act No. LIV of 2021, s.2 \r\n \r\nPage 11 of 46 \r\n \r\n1[Provided also that the process of appointment shall be finalized within ninety days in case of \r\nvacancy created due to the death, resignation or removal of the Chairman or member. The Federal \r\nGovernment shall appoint a member to work as an acting Chainman till the appointment of new \r\nChairman within the prescribed time period.] \r\n (6) No act or proceeding of the Authority shall be invalid by reason only of the existence of a \r\nvacancy in, or defect in, the constitution of the Authority. \r\n(7) The principal office of the Authority shall be in Islamabad and it may set­up offices at such \r\nplace or places as it may deem appropriate. \r\n4. Resignation and removal of Chairman, etc.— (1) The Chairman, or a member may, by \r\nwriting under his hand, resign from his office. \r\n(2) The Chairman or a member may be removed by the Federal Government from his office if, \r\non an inquiry by the Federal Public Service Commission, he is found incapable of performing the \r\nfunctions of his office by reason of mental or physical incapacity or has been found guilty of \r\nmisconduct 2[or fails to disclose a conflict of interest as provided for under this Act]. \r\n5. Meetings of the Authority, etc.—2[(1) Subject to the provisions of this Act, the Authority \r\nshall, in performance of its functions and exercise of its powers, conduct its proceedings in accordance \r\nwith regulations made under this Act.] \r\n1[(2) The Chairman and two other members shall constitute a quorum for a meeting of the \r\nAuthority requiring a decision by the Authority: \r\nProvided that the members of the Authority shall nominate a member amongst themselves to \r\nwork as an acting Chairman in case of absence of the Chairman, as the case may be, for meeting of the \r\nAuthority.] \r\n (3) The member shall have reasonable notice of the time and place of the meeting and the \r\nmatters on which a decision by the Authority shall be taken in such meeting. \r\n(4) The decision of the Authority shall be taken by the majority of its members present, and in \r\ncase of a tie, the person presiding the meeting shall have a casting vote. \r\n6. Decisions of the Authority. — All orders, determinations and decisions of the Authority \r\nshall be taken in writing and shall identify the determination of the Chairman and each member. \r\n7. Powers and functions of the Authority. — (1) The Authority shall be exclusively \r\nresponsible for regulating the provision of electric power services. \r\n(2) In particular and without prejudice to the generality of the foregoing power, only the \r\nAuthority, but subject to the provisions of sub­section (4), shall— \r\n \r\n2[(a) grant licences under this Act;] \r\n2[(aa) specify procedures and standards for registration of persons providing electric \r\npower services; \r\n \r\n \r\n1Ins. and Subs. by Act No. LIV of 2021, ss.2-3 \r\n2Added, Subs. and Ins.by Act No. XII of 2018, ss.6-8 \r\n \r\nPage 12 of 46 \r\n \r\n(ab) aid and advise the Federal Government, in formulation of national electricity \r\nplan; \r\n \r\n (ac) ensure efficient tariff structures and market design for sufficient liquidity in \r\npower markets;] \r\n \r\n1[(b) specify procedures and standards for investment programmes by generation \r\ncompanies and persons licensed or registered under this Act; \r\n \r\n(c) specify and enforce performance standards for generation companies and \r\npersons licensed or registered under this Act; \r\n \r\n(d) specify accounting standards and establish a uniform system of account by \r\ngeneration companies and persons licensed or registered under this Act;] \r\n \r\n(e) 1[specify] fees including fees for grant of licences and renewal thereof; \r\n \r\n1[(f) * * * * * * * *] \r\n \r\n 2[(g) review its orders, decisions or determinations; \r\n \r\n1[(h) settle disputes between licensees in accordance with the specified procedure;] \r\n \r\n(i) issue guidelines and standards operating procedures; 1[*] \r\n \r\n1[(ia) promote development of a market, including trading, in accordance with the \r\nnational electricity policy and the national electricity plan; and] \r\n \r\n(j) perform any other function which is incidental consequential to any of the \r\naforesaid functions.] \r\n(3) Notwithstanding the provisions of sub­section (2) and without prejudice to the generality \r\nof the power conferred by sub­section (1) the Authority shall— \r\n(a) determine tariff, rates, charges and other terms and conditions for supply of \r\nelectric power services by the generation, transmission and distribution \r\ncompanies and recommend to the Federal Government for notification; \r\n \r\n(b) review organizational affairs of generation 1[* * *] companies 1[and persons \r\nlicensed or registered under this Act] to avoid any adverse effect on the \r\noperation of electric power services and for continuous and efficient supply of \r\nsuch services; \r\n \r\n(c) encourage uniform industry standards and code of conduct for generation 1[* * \r\n*] companies 1[and persons licensed or registered under this Act] ; \r\n \r\n(d) tender advice to public sector projects; \r\n \r\n(e) submit reports to the Federal Government in respect of activities of generation \r\n1[* * *] companies [and persons licensed or registered under this Act]; and \r\n \r\n(f) perform any other function which is incidental or consequential to any of the \r\naforesaid functions. \r\n \r\n \r\n \r\n1Subs., Omitted and Ins. by Act No. XII of 2018, s.8 \r\n2Subs. by Act No. XVIII of 2011, s.4 \r\n \r\nPage 13 of 46 \r\n \r\n(4) Notwithstanding anything contained in this Act, the Government of a Province may \r\nconstruct power houses and grid stations and lay transmission lines for use within the Province and \r\ndetermine the tariff for distribution of electricity within the Province 1[and such tariff shall not be \r\ncalled into question by the Authority]. \r\n(5) Before approving the tariff for the supply of electric power by generation companies using \r\nhydro­electric plants, the Authority shall consider the recommendations of the Government of the \r\nProvince in which such generation facility is located. \r\n1[(6) In performing its functions under this Act, the Authority shall protect interests of \r\nconsumers and companies providing electric power services in accordance with the principles of \r\ntransparency and impartiality.] \r\n1[(8) Remuneration of Chairman and members. — (1) The Chairman and members of the \r\nAuthority shall be eligible for such remuneration and allowances as the Authority may, with approval \r\nof the Federal Government, determine. \r\n(2) The remuneration and allowances of the Chairman and members shall account for__ \r\n(a) the specialised nature of work to be performed by the Authority; \r\n(b) the need to ensure the financial self-sufficiency of the Chairman and members; \r\nand \r\n(c) the salaries paid in the private sector to individuals with equivalent \r\nresponsibilities, expertise and skills.] \r\n1[8A. Disclosure of interest by members of the Authority.—(1) For the purpose of this and \r\nthe following section, a person shall be deemed to have an interest in a matter if he has any direct or \r\nindirect financial interest, or has any connection with any company connected with the provision of \r\nelectric power services in such manner which could reasonably be regarded as giving rise to a conflict \r\nbetween his duty to honestly perform his functions under this Act and such interest, so that his ability \r\nto consider and decide any question impartially or to give any advice without bias, may reasonably be \r\nregarded as impaired. \r\n \r\n(2) A member of the Authority having any interest in any matter to be discussed or decided by \r\nthe Authority or any of its committees shall, prior to any discussion of the matter, disclose in writing \r\nto the Authority, the fact of his interest and the nature thereof. \r\n \r\n \r\n (3) A disclosure of interest under sub-section (2) shall be recorded in minutes of the Authority \r\nprior to any discussion of or decision on the matter and after disclosure the member of the Authority \r\nwho has made the disclosure— \r\n(a) shall not, except as provided in sub-sections (7) to (10), take part or be present \r\nin any deliberation or decision of the Authority; and \r\n(b) shall be disregarded for the purpose of constitution of a quorum of the \r\nAuthority. \r\n \r\n \r\n1Ins. and Subs. by Act No. XII of 2018, ss.8-10 \r\n \r\nPage 14 of 46 \r\n \r\n(4) The member of the Authority who fails to disclose his interest as required by this section \r\nshall be guilty of an offence and shall on conviction be liable to imprisonment for a term which may \r\nextend to one year, or a fine not exceeding ten million rupees, or with both. \r\n(5) It shall be a valid defence for a person charged with an offence under sub-section (4), if he \r\nproves that he was not aware of the facts constituting the offence and that he exercised due care and \r\ndiligence in discovering those facts which he ought reasonably to have known in the circumstances. \r\n(6) Upon being appointed, a member of the Authority shall give written notice to the Federal \r\nGovernment of all direct or indirect pecuniary interests that he has acquired or acquires in a body \r\ncorporate carrying on a business in the Islamic Republic of Pakistan. The nature of such interests and \r\nthe particulars and any changes thereof shall be disclosed in the report of the Authority made under \r\nclause (a) of sub-section (1) of section 42. \r\n(7) If the Chairman becomes aware that a member of the Authority has the interest, he shall— \r\n(a) if he considers that the member of the Authority should not take part or continue \r\nto take part, as the case may require, in determining the matter, direct the \r\nmember of the Authority accordingly, or \r\n \r\n(b) in any other case, cause the member of the Authority’s interest to be disclosed \r\nto the persons concerned in the matter, including any person whose application \r\nis pending decision or adjudication by the Authority. \r\n(8) The member in respect of whom a direction has been given under clause (a) of sub-section \r\n(7) shall comply with the direction. \r\n(9) The Chairman of the Authority shall disclose his interest to the persons concerned in the \r\nmatter including any person whose application is pending decision or adjudication by the Authority. \r\n(10) Subject to sub-section (7), the Chairman or the member who has any interest in any matter \r\nreferred to in this section shall not take part or continue to take part, as the case may require, in \r\ndetermining the matter unless everyone concerned in it consents to the Chairman or, as the case may \r\nbe, the member so taking part. \r\n8B. Notification of interest by others. — (1) Where a person who, in the course of— \r\n(a) performing a function or exercising a power, as a delegate of the Authority; \r\n \r\n(b) performing functions or service as an employee; or \r\n \r\n(c) performing a function or services in any capacity by way of assisting or advising \r\nthe Authority or any of its committees or any delegate of the Authority, \r\n \r\nis required to consider a matter in which he has an interest, such person shall forthwith give to \r\nthe Authority a written notice stating that he is required to consider the matter and has an \r\ninterest in it and setting out particulars of the interest. \r\n(2) The person referred to in sub-section (1) shall also declare his interest in accordance with \r\nthe said sub-section whenever it is necessary to avoid a conflict of interest. \r\n(3) Any person referred to in sub-section (1) who fails to disclose his interest as required by \r\nthis section shall be guilty of an offence and shall on conviction be liable to imprisonment for a term \r\nwhich may extend to one year, or a fine not exceeding ten million rupees, or with both. \r\n \r\nPage 15 of 46 \r\n \r\n(4) It shall be a valid defence for a person charged with an offence under sub-section (3), if he \r\nproves that he was not aware of the facts constituting the offence and that he exercised due care and \r\ndiligence in discovering those facts which he ought reasonably to have known in the circumstances.] \r\n9. Chairman, etc. to be public servant. — The Chairman, members, staff, experts, \r\nconsultants, advisors and other employees of the Authority, when acting or purporting to act in \r\npursuance of any of the provisions of this Act or the rules and regulations, shall be deemed to be public \r\nservants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). \r\n10. Staff and advisers, etc.— (1) To carry out the purposes of this Act, the Authority may, \r\nfrom time to time, employ officers, members of its staff, experts, consultants, advisers and other \r\nemployees on such terms and conditions as it may deem fit. \r\n(2) All officers, members of staff, experts, consultants, advisers and other employees employed \r\nby the Authority shall not be deemed to be civil servants within the meaning of the Civil Servants Act, \r\n1973 (LXXI of 1973). \r\n1[10A. Indemnity. — No suit, prosecution or other legal proceedings shall lie against the \r\nChairman, members, officers or any employee of the Authority for anything done in good faith or \r\nintended to be done in pursuance of this Act or any rules or regulations made thereunder.] \r\n11. Tribunals. — The Authority may, from amongst its professional staff, establish 1[*] \r\ntribunals for resolving contractual disputes between licensees or such other matters as the Authority \r\nmay assign. \r\n12. Delegation. — The Authority may delegate to the Chairman, a member or any of its officers \r\nor a special tribunal constituted under section 11, all or any of its powers, functions or duties under \r\nthis Act, except— \r\n(a) the power to grant, reject, amend, vary or revoke licences or any condition \r\nthereof; \r\n \r\n(b) the power to determine or modify tariffs; \r\n \r\n (c) the power to approve, disapprove or modify an investment programme or a \r\npower acquisition programme; 1[and] \r\n \r\n1[(d) the power to recommend rules or make or repeal regulations made under this \r\nAct.] \r\n \r\n1[(e) * * * * * * *] \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins., Omitted, Added and Subs. by Act No. XII of 2018, ss.11-13 \r\n \r\n \r\nPage 16 of 46 \r\n \r\n1[CHAPTER IIA \r\nAPPELLATE TRIBUNAL] \r\n1[12A. Establishment of Appellate Tribunal. — (l) The Federal Government shall, by \r\nnotification in the official Gazette, establish an Appellate Tribunal for the purposes of exercising \r\njurisdiction under this Act. \r\n(2) The members of the Appellate Tribunal shall be appointed by the Federal Government and \r\nshall comprise— \r\n(a) a former judge of a High Court who shall be the Chairman, for a single term of \r\nfour years on such terms and conditions as may be prescribed and shall be \r\nnominated by the Provinces or Federal Government, as the case may be, by \r\nrotation in the following order, namely: — \r\n(i) the member representing the Federal Government; \r\n(ii) the member representing the Province of the Punjab; \r\n(iii) the member representing the Province of Khyber Pakhtunkhwa; \r\n(iv) the member representing the Province of Sindh; and \r\n(v) the member representing the Province of the Balochistan: \r\nProvided that the Chairman of the Appellate Tribunal shall not be appointed if he has attained \r\nthe age of sixty-five years. \r\n(b) a member finance who shall be a qualified chartered accountant or a qualified \r\ncost and management accountant or a qualified chartered financial analyst and \r\nshall be nominated by the Provinces or Federal Government, as the case may \r\nbe, by rotation in the following order, namely: — \r\n(i) the member representing the Province of Sindh; \r\n(ii) the member representing the Province of the Punjab; \r\n(iii) the member representing the Federal Government; \r\n(iv) the member representing the Province of Khyber Pakhtunkhwa; and \r\n(v) the member representing the Province of Balochistan; \r\n (c) a member electricity, who shall be a member of the Pakistan Engineering \r\nCouncil, with a specialization in electrical engineering and shall be nominated \r\nby the Provinces or the Federal Government, as the case may be, by rotation in \r\nthe following order, namely: — \r\n(i) the member representing the Province of Balochistan; \r\n(ii) the member representing the Province of Khyber Pakhtunkhwa; \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\n1Ins. and Subs. by Act No. XII of 2018, ss.13-14 \r\n \r\nPage 17 of 46 \r\n \r\n(iii) the member representing the Federal Government; \r\n(iv) the member representing the Province of the Punjab; and \r\n(v) the member representing the Province of Sindh. \r\n(3) The member finance and member electricity of the Appellate Tribunal shall be appointed \r\nfor a period of three years on such terms and conditions as may be prescribed: \r\nProvided that no person who has attained the age of sixty years shall be appointed as member \r\nfinance and member electricity: \r\nProvided further that no person shall be eligible to be the member finance or member \r\nelectricity, if in case of being a civil servant, they hold a position which is less than BPS-21 or \r\nequivalent. \r\n(4) No person shall be appointed as member of the Appellate Tribunal unless he is a citizen of \r\nPakistan and such member shall be employed on full-time basis. \r\n12B. Qualifications and eligibility. — No person shall be appointed as member of the \r\nAppellate Tribunal unless he— \r\n(a) has at least a masters or professional degree or qualification from an accredited \r\nuniversity; \r\n \r\n(b) has at least fifteen years of professional work experience; \r\n \r\n(c) has no past record of criminal conviction, other than for minor offences; and \r\n \r\n(d) has no past record of any specific activities or conduct that could reasonably \r\ncall into question his ability to discharge his duties as a member of the Appellate \r\nTribunal with honesty, integrity, reliability, competence and objectivity. \r\n \r\n12C. Disqualifications. — No person shall be appointed or continue as member or an \r\nemployee of the Appellate Tribunal, if such person— \r\n \r\n(a) has been convicted of an offence involving moral turpitude; \r\n \r\n(b) has been or is declared insolvent; or \r\n \r\n(c) is incapable of discharging his duties by reasons of physical or mental unfitness \r\nand has been so declared by a duly constituted medical board appointed by the \r\nFederal Government. \r\n \r\n12D. Automatic disqualification. — If a member of the Appellate Tribunal remains absent \r\nfrom his position or otherwise fails to undertake his duties for any reason whatsoever for a period of \r\nthree months it shall be a ground for automatic disqualification of such member. \r\n \r\n12E. Decisions, determinations and quorum. — (1) Decisions and determinations of the \r\nAppellate Tribunal shall be taken by majority. \r\n(2) If there are less than three members of the Appellate Tribunal, the presence of two members \r\nserving shall constitute a quorum: \r\nProvided that in the case of a quorum of two, the decision shall be taken by consensus. \r\n \r\nPage 18 of 46 \r\n \r\n(3) Any decision or determination taken at a meeting where a quorum is present shall constitute \r\na valid and enforceable decision or determination of the Appellate Tribunal. \r\n12F. Vacancy in the Appellate Tribunal. — (1) If position of a member becomes vacant, the \r\nFederal Government shall designate a new member and where the vacancy arises in the position of the \r\nChairman, the Federal Government shall appoint one of the existing members to serve as Acting \r\nChairman: \r\nProvided that no person shall serve as Acting Chairman for more than a period of three months: \r\nProvided further that the Federal Government shall fill a vacancy in the Appellate Tribunal \r\nwithin a period of three months from the date such vacancy occurs. \r\n(2) The absence of the Chairman or the temporary incapacity of the Chairman shall not affect \r\nthe other members’ ability to act as the Appellate Tribunal and to exercise its powers and authority \r\nunder this Act. \r\n12G. Appellate procedures. — (1) Any person aggrieved by a decision or order of the \r\nAuthority or a single member thereof or a Tribunal established under section 11 may, within thirty \r\ndays of the decision or order, prefer an appeal to the Appellate Tribunal in the prescribed manner and \r\nthe Appellate Tribunal shall decide such appeal within three months after filing of the appeal. \r\n(2) In examining an appeal under sub-section (1), the Appellate Tribunal may make such \r\nfurther inquiry as it may consider necessary and after giving the Authority or the Tribunal and an \r\nappellant an opportunity of being heard, pass such order as it thinks fit, confirming, altering or \r\nannulling a decision or order appealed against: \r\nProvided that if the decision under appeal is a determination of tariff by the Authority, then the \r\nAppellate Tribunal may in case of disagreement with the determination of the Authority, remand the \r\nmatter back to the Authority with relevant guidelines, which shall be duly considered by the Authority \r\nwhich shall be bound to review its determination within one month of the receipt of such guidelines \r\nfrom the Appellate Tribunal. \r\n(3) The decision of the Appellate Tribunal shall be in writing, detailing the issues raised in the \r\nappeal and the arguments adopted by the appellant and the Authority or Tribunal, as the case may be. \r\nThe Appellate Tribunal shall also provide reasons for reaching its decision with reference to the \r\nprovisions of this Act and the facts of the case. \r\n(4) The Appellate Tribunal shall provide copies of its decision to all the appellants and the \r\nrespondents including the Authority or Tribunal, as the case may be, not later than five days from the \r\ndate of rendering its decision. \r\n(5) A decision or order of the Authority or Tribunal, as the case may be, shall be given full \r\nforce and effect during the pendency of any appeal of such determination. \r\n(6) The decision of the Appellate Tribunal shall be appealable before the High Court having \r\nterritorial jurisdiction. \r\n12H. Disclosure of interest. —The following shall apply to members of the Appellate Tribunal \r\nincluding the Chairman, namely: — \r\n(a) a member of the Appellate Tribunal shall be deemed to have an interest in a \r\nmatter if he has any interest, pecuniary or otherwise, in such matter which could \r\n \r\nPage 19 of 46 \r\n \r\nreasonably be regarded as giving rise to a conflict between his duty to honestly \r\nperform his functions, so that his ability to consider and decide any question \r\nimpartially or to give any advice without bias, may reasonably be regarded as \r\nimpaired; \r\n \r\n(b) a member of the Appellate Tribunal having any interest in any matter to be \r\ndiscussed or decided by the Appellate Tribunal shall disclose in writing to the \r\nSecretary to the Appellate Tribunal, the fact of his interest and the nature \r\nthereof; \r\n \r\n(c) a member of the Appellate Tribunal shall give written notice to the Secretary to \r\nthe Appellate Tribunal of all direct or indirect pecuniary or other material or \r\npersonal interests that he has or acquires in a body corporate involved in a matter \r\nbefore the Appellate Tribunal; and \r\n \r\n(d) a disclosure of interest under clause (a) shall be made a part of the record of the \r\nAppellate Tribunal in that particular matter. \r\n \r\n12I. Powers of the Appellate Tribunal. — (1) The Appellate Tribunal shall, for the purpose \r\nof deciding an appeal, be deemed to be a civil court and shall have the same powers as are vested in \r\nsuch court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of — \r\n \r\n(a) enforcing attendance of any person and examining him on oath; \r\n(b) compelling production of documents; and \r\n(c) issuing commissions for examination of witnesses and documents. \r\n(2) The Appellate Tribunal may call for and examine any record, information or documents \r\nfrom any person in relation to the matter under appeal before it for the purposes of enabling it to come \r\nto a decision. \r\n12J. Panel of experts. — The Appellate Tribunal may maintain a panel of national and \r\ninternational experts in power sector to assist it in performance of its functions under this Act as and \r\nwhen deemed fit by the Appellate Tribunal. \r\n12K. Budget. — The Appellate Tribunal shall have an independent budget which shall \r\ncomprise__ \r\n(a) an initial grant from the Federal Government; and \r\n(b) fees and costs associated with appellate procedures as may be prescribed.] \r\n13. Funds. — (1) The operations of the Authority shall be funded from— \r\n \r\n(a) grants from the Federal Government, including an initial grant of one hundred \r\nmillion rupees; and \r\n \r\n(b) fees and fines collected 1[* * * * * * *]. \r\n \r\n2[(2) Any surplus of receipts over the actual expenditure in a year, after payment of tax, shall \r\nbe remitted to the Federal Consolidated Fund and any deficit from the actual expenditure shall be made \r\nup by the Federal Government.] \r\n \r\n \r\n \r\n1Omitted by Act No. XVII of 2012. \r\n \r\n \r\n \r\nPage 20 of 46 \r\n \r\n14. Accounts. — (1) The Authority shall maintain complete and accurate books of accounts of \r\nits actual expenses and receipts. \r\n \r\n(2) The Accounts of the Authority shall be audited annually by the Auditor General of Pakistan. \r\n \r\n1[CHAPTER IIB \r\nNATIONAL ELECTRICITY POLICY AND PLAN \r\n14A. National electricity policy and plan. — (1) The Federal Government shall, from time \r\nto time, with approval of the Council of Common Interests, prepare and prescribe a national electricity \r\npolicy for development of power markets: \r\nProvided that in development of policies under this section, the Federal Government may seek \r\nsuch input and assistance from the Authority as may be required. \r\n (2) The policies referred to in sub-section (1) shall provide for, inter alia,— \r\n(a) development of systems based on optimal utilization of resources such as coal, \r\nnatural gas, nuclear substances or materials, hydro and renewable sources of \r\nenergy; \r\n \r\n(b) development of efficient and liquid power market design; \r\n \r\n(c) integration of national and provincial transmission systems; \r\n \r\n(d) special provisions for ensuring development of a sustainable renewable energy \r\nmarket with a dedicated and gradually increasing share in electricity power \r\nsector; and \r\n \r\n(e) any other matter pertaining to development, reform, improvement and \r\nsustainability of power sector. \r\n \r\n(3) The Federal Government may either on its own motion or on recommendation of a \r\nProvincial Government and subject to approval of the Council of Common Interests, review or revise \r\nthe policies referred to in sub-section (1). \r\n(4) The Federal Government, in consultation with the Provincial Governments, shall prepare a \r\nnational electricity plan in accordance with the policies prepared and prescribed under sub-section (1) \r\nand notify such plan once in five years: \r\nProvided that the Federal Government, while preparing or amending the national electricity \r\nplan, shall publish the draft national electricity plan and invite suggestions and objections thereon \r\nwithin thirty days of the notification: \r\nProvided further that a Provincial Government may, if required, propose an amendment to the \r\nnational electricity plan, which may be adopted with the concurrence of the Provincial Governments \r\nand the Federal Government. \r\n(5) The Authority shall perform its functions in accordance with the national electricity policy \r\nand the national electricity plan. \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. XII of 2018, s.16 \r\n \r\nPage 21 of 46 \r\n \r\n CHAPTER IIC \r\nGENERATION OF ELECTRICITY \r\n14B. Generation. — (1) Subject to sub-section (5), no person shall, except under authority of \r\na licence issued by the Authority under this Act and subject to the conditions specified in this Act and \r\nas may be imposed by the Authority, construct, own or operate a generation facility. \r\n(2) An application for grant of a licence for generation facility shall specify— \r\n(a) the type of facility for which the licence is applied; \r\n(b) the location of the generation facility; and \r\n(c) the expected life of the generation facility. \r\n(3) The Authority may, after such enquiry as it may deem appropriate and subject to the \r\nconditions specified in this Act and as it may impose, grant a licence authorizing the licensee to \r\nconstruct, own or operate a connected generation facility. \r\n(4) In the case of a generation facility connecting directly or indirectly to the transmission \r\nfacilities of the national grid company, the licensee shall make the generation facility available to the \r\nnational grid company for the safe, reliable, non-discriminatory, economic dispatch and operation of \r\nthe national transmission grid and connected facilities, subject to the compensation fixed by the \r\nAuthority for voltage support and uneconomic dispatch directed by the national grid company. \r\n(5) The Federal Government may, after consultation with the Authority and by notification in \r\nthe official Gazette, provide a mechanism for gradual cessation of the generation licences for various \r\nclasses of generation licence holders, which shall not extend beyond a period of five years from the \r\ncoming into effect of the Regulation of Generation, Transmission and Distribution of Electric Power \r\n(Amendment) Act, 2018 and thereafter, any generation company may establish, operate and maintain \r\na generation facility without obtaining a licence under this Act if it complies with the technical \r\nstandards relating to connectivity with the grid as may be specified: \r\nProvided that a generation company intending to set up a generating facility shall prepare and \r\nsubmit a detailed scheme covering all financial, geological, hydrological, technical, safety and \r\nenvironmental aspects to the Authority for its concurrence: \r\nProvided further that, while considering the scheme submitted by a generation company \r\nintending to set up a hydro-generating facility, the Authority shall consider whether or not in its opinion \r\nthe proposed river work will prejudice the prospects for the best ultimate development of the river or \r\nits tributaries for power generation and are consistent with the requirements of drinking water, \r\nirrigation, flood control and other public purposes and shall satisfy itself that necessary approvals have \r\nbeen sought from the concerned authorities of the Federal Government and Provincial Governments. \r\n14C. Captive generation. — (1) Notwithstanding anything contained in this Act, a person \r\nmay construct, maintain or operate a captive generating plant and dedicated transmission lines: \r\nProvided that the supply of electricity from the captive generating plant through the grid shall \r\nbe regulated in the same manner as the generating facility of a generating company. \r\n(2) Every person, who has constructed a captive generating plant and maintains and operates \r\nsuch plant, shall have the right to open access for the purposes of carrying electricity from his captive \r\ngenerating plant to the destination of his use: \r\n \r\nPage 22 of 46 \r\n \r\nProvided that such open access shall be subject to availability of adequate transmission facility \r\nand such availability of transmission facility shall be determined by the national grid company or the \r\nprovincial grid company, as the case may be: \r\nProvided further that any dispute regarding the availability of transmission facility shall be \r\nadjudicated upon by the Authority. \r\n14D. Duties of generating companies. — (1) Subject to the provisions of this Act, the duties \r\nof a generating company shall be to establish, operate and maintain generating stations, tie-lines, sub-\r\nstations and dedicated transmission lines connected therewith and within the generation facility, in \r\naccordance with the provisions of this Act or the rules or regulations made thereunder. \r\n(2) In the case of a generation facility connecting directly or indirectly to the transmission \r\nfacilities of the national grid company or a provincial grid company, the generation company shall \r\nmake the generation facility available for the safe, reliable, non-discriminatory, economic dispatch and \r\noperation of the national transmission grid and connected facilities, subject to the compensation fixed \r\nby the Authority for voltage support and uneconomic dispatch directed by the system operator. \r\n \r\n(3) A generating company may supply electricity to any transmission, distribution, supply or \r\nmarket trader licensee in accordance with this Act and the rules and regulations made thereunder and \r\nmay, subject to section 23E, supply electricity to any consumer. \r\n(4) Every generating company shall— \r\n(a) submit technical details regarding its generating stations to the Authority; and \r\n(b) co-ordinate with the relevant transmission company, for transmission of the \r\nelectricity generated by it.] \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\nPage 23 of 46 \r\n \r\nCHAPTER III \r\nLICENCES 1[AND REGISTRATION] \r\n \r\n1[15* * * * * * *] \r\n16. Transmission licence. — 1[(l) Subject to the conditions laid down in this Act, no person \r\nshall engage in the transmission of electric power without obtaining a licence issued by the Authority. \r\n(1A) The eligibility criteria for grant of transmission licence shall be prescribed by the Federal \r\nGovernment and shall include, without limitation— \r\n(a) minimum solvency requirements; and \r\n(b) minimum technical and human resource requirements.] \r\n(2) An application for licence for transmission of electric power shall specify— \r\n(i) the type of service for which the licence is being sought; 1[*] \r\n(ii) the territory with location maps and plans to which electric power shall be \r\ntransmitted 1[; and] \r\n1[(iii) any other information as may be specified.] \r\n17. National Grid Company. — 1[(1) The Authority may, subject to the provisions of this Act \r\nand after such enquiry as it may deem appropriate, grant a licence authorizing the licensee to engage \r\nin the transmission of electric power subject to such conditions as it may impose: \r\nProvided that only one such licence shall be granted at any one time.] \r\n(2) The licensee referred to in sub­section (1) shall have exclusive right to provide transmission \r\nservice in the 1[service] territory specified in such licence 1[* * * * * *]. \r\n1[(3) The eligibility criteria for grant of licence as a national grid company shall be prescribed \r\nand shall include, without limitation, — \r\n(a) minimum solvency requirements; and \r\n(b) minimum technical and human resource requirements.] \r\n18. Responsibilities of National Grid Company. — (1) The national grid company shall be \r\nresponsible to operate and provide safe, reliable transmission and inter-connection services on a non-\r\ndiscriminatory basis, including to a bulk-power consumer who proposes to become directly connected \r\nto its facilities. \r\n(2) Without prejudice to the foregoing responsibilities, the national grid company shall— \r\n(a) make available to the general public the tariffs specifying the Authority’s \r\napproved rates, charges and other terms and conditions for transmission and \r\ninter-connection services; \r\n \r\n \r\n \r\n1Added, Omitted, Subs. and Ins. by Act No. XII of 2018, ss.17-20 \r\n \r\nPage 24 of 46 \r\n \r\n (b) not levy any rate or charge or impose any condition for the transmission of \r\nelectric power which has not been approved by the Authority as a tariff; \r\n(c) not cause a division or any associated undertaking to engage in generation and \r\ndistribution: \r\nProvided that this clause shall not apply to the KESC and WAPDA so \r\nlong as their electric systems remain integrated; 1[*] \r\n(d) develop, maintain and publicly make available, with the prior approval of the \r\nAuthority, an investment programme for satisfying its service obligations and \r\nacquiring and selling its assets 1[; and] \r\n1[(e) perform functions of a system operator.] \r\n1[18A. Provincial grid company. —(l) The Authority may, subject to the provisions of this \r\nAct and after such enquiry as it may deem appropriate, grant a licence authorizing a company owned \r\nby a Provincial Government to engage in transmission of electric power within territorial limits of such \r\nProvince, subject to such conditions as it may impose: \r\nProvided that only one such licence shall be granted for each Province at any one time. \r\n(2) The eligibility criteria for grant of license as a provincial grid company shall be prescribed \r\nand shall include, without limitation, — \r\n(a) minimum solvency requirements; and \r\n(b) minimum technical and human resource requirements. \r\n18B. Responsibilities of provincial grid company. — (1) The provincial grid company shall \r\nbe responsible to operate and provide safe and reliable transmission services on a non-discriminatory \r\nbasis, including to a bulk-power consumer who proposes to become directly connected to its facilities. \r\n(2) Without prejudice to the foregoing responsibilities, the provincial grid company shall— \r\n(a) provide transmission and inter-connection services to the national grid company \r\nand to others, wherever necessary, at such rates, charges and terms and \r\nconditions as the Authority may determine; \r\n \r\n(b) purchase inter-connection service from the national grid company as may be \r\nnecessary and to connect its facilities to the national transmission grid at the \r\nrates, charges and terms and conditions determined by the Authority; \r\n \r\n(c) follow the performance standards laid down by the Authority for transmission \r\nof electric power, including safety, health and environmental protection \r\ninstructions issued by the Authority or any governmental agency; \r\n \r\n(d) make available to general public the tariff specifying the Authority’s approved \r\nrates, charges and other terms and conditions for transmission services; \r\n \r\n(e) not levy any rate or charge or impose any condition for transmission of electric \r\npower which has not been approved by the Authority as a tariff; \r\n \r\n \r\n \r\n1Omitted, Added and Ins. by Act No. XII of 2018, ss.21-22 \r\n \r\nPage 25 of 46 \r\n \r\n (f) not cause a division or any associated undertaking to engage in generation and \r\ndistribution; and \r\n(g) develop, maintain and publicly make available, with prior approval of the \r\nAuthority, an investment program for satisfying its service obligations and \r\nacquiring and selling its assets.] \r\n19. Special purpose transmission licence. — Notwithstanding anything contained in section \r\n17, the Authority may, in the public interest, grant a licence authorising the licensee to engage in the \r\nconstruction, ownership maintenance and operation of specified transmission facilities on the \r\nconditions that the licensee shall— \r\n(a) provide transmission and inter-connection services to the national grid company \r\nand to others, wherever necessary, at such rates, charges and terms and \r\nconditions as the Authority may determine; \r\n(b) purchase inter-connection service from the national grid company as may be \r\nnecessary and to connect its facilities to the national transmission grid at the \r\nrates, charges and terms and conditions determined by the Authority; \r\n(c) make its transmission facilities available for operation by the national grid \r\ncompany consistent with applicable instructions established by such company; \r\n(d) follow the performance standards laid down by the Authority for transmission \r\nof electric power, including safety, health and environmental protection \r\ninstructions issued by the Authority or any Governmental agency; \r\n(e) make public the tariff specifying the rates, charges and other terms and \r\nconditions of service for transmission and inter­connection services determined \r\nby the Authority; and \r\n(f) maintain accounts in accordance with the manner and procedure 1[specified] by \r\nthe Authority. \r\n20. Distribution licences. — (1) No person shall, except under the authority of a licence issued \r\nby the Authority under this Act and subject to the conditions specified 1[* * * * * * *], engage in the \r\ndistribution of electric power. \r\n1[(1A) The eligibility criteria for grant of distribution licence shall be prescribed and shall \r\ninclude, without limitation, — \r\n(a) minimum solvency requirements; and \r\n(b) minimum technical and human resource requirement.] \r\n(2) An application for a licence for distribution of electric power shall specify— \r\n(i) the type of service for which licence is being sought; \r\n(ii) the territory in which the electric power shall be distributed; and \r\n(iii) the source and scope of electric power and rates paid by it. \r\n \r\n1Subs., Omitted and Ins. by Act No. XII of 2018, ss.23-24 \r\n \r\nPage 26 of 46 \r\n \r\n21. Duties and responsibilities of distribution licensees. — (1) The Authority may, after such \r\nenquiry as it may deem appropriate and subject to the conditions specified 1[* * * * * * * ], grant a \r\nlicence for distribution of electric power. \r\n(2) The licensee shall— \r\n(a) possess the 1[*] right to provide, for such period as may be specified in the \r\nlicence, distribution service 1[* * * * * * *] in the 1[service territory] specified \r\nin the licence; and to frame schemes in respect of that 1[service territory]: \r\nProvided that a generation company may make sales of electric power to bulk­power \r\nconsumers 1[* * * * * * *]; \r\n \r\n(b) be responsible to provide distribution service 1[* * * * * *] within its 1[service] \r\nterritory on a non­discriminatory basis to all the consumers who meet the \r\neligibility criteria laid down by the Authority: \r\n 2[* * * * * * *] \r\n(c) publicly make available tariff specifying the Authority’s approved rates, \r\ncharges and other terms and conditions for distribution services 1[* * * * *]; \r\n \r\n1[(d) establish, within three months of the issue of its licence for distribution of \r\nelectric power and make available to public, the manner and procedure for \r\nobtaining its service;] \r\n \r\n1[(e) make its transmission facilities available for operation by any other licensee, \r\nconsistent with applicable instructions established by the system operator;] \r\n \r\n(f) follow the performance standards laid down by the Authority for distribution \r\nand transmission of electric power, including safety, health and environmental \r\nprotection instructions issued by the Authority or any Government agency 1[or \r\nProvincial Government]; \r\n \r\n(g) maintain accounts in accordance with the manner and procedure laid down by \r\nthe Authority; and \r\n \r\n(h) develop, maintain and publicly make available, with the prior approval of the \r\nAuthority, an investment programme for satisfying its service obligations and \r\nacquiring and selling its assets. \r\n \r\n22. Sale to bulk power consumers. — 1[(1) Notwithstanding anything contained in section \r\n21, the Authority may permit sale of electric power to bulk power consumers located in service \r\nterritory of the holder of a license under this Act.] \r\n(2) Where a bulk power consumer intends to stop purchase of electric power from a distribution \r\ncompany, it shall convey its intention by notice in writing 1[one year] before such stoppage 1[.] \r\n1[* * * * * * *] \r\n \r\n \r\n_____________________________________________________________________________ \r\n1Omitted, Subs. & Ins. by Act No. XII of 2018, ss.25-26 \r\n \r\nPage 27 of 46 \r\n \r\n23. Sale of electric power to other distribution companies. — A distribution company may \r\nsell electric power to other distribution companies and distribute electric power sold by generation \r\ncompanies to other distribution companies 1[* * * * * * *] in accordance with the rates, charges and \r\nother terms and conditions of service for such sales as approved by the Authority. \r\n \r\n1[23A. Market operator licence. — (1) No person shall, unless licensed by the Authority \r\nunder this Act and subject to the prescribed conditions, act as a market operator: \r\n \r\nProvided that any person acting as a market operator on commencement of the Regulation of \r\nGeneration, Transmission and Distribution of Electric Power (Amendment) Act, 2018, shall within a \r\nperiod of one year apply for a licence under this Act: \r\n \r\nProvided further that only one market operator licence shall be granted at one time. \r\n \r\n(2) The eligibility criteria for grant of licence as a market operator shall be prescribed by the \r\nFederal Government and shall include, without limitation, — \r\n \r\n(a) minimum solvency requirements; \r\n(b) minimum technical and human resource requirements; and \r\n(c) public service obligations of the licensee including quality of service, \r\ntransparency of transactions, timely collection and dissemination of payments, \r\neffective collection and dissemination of any and all taxes and surcharges as \r\nmay be imposed by the Federal Government, etc. \r\n(3) A person eligible for a licence to be licensed as a market operator may make an application \r\nto the Authority in such form and manner and on such conditions as may be specified. \r\n(4) An application for licence under sub-section (3) shall be accompanied by a draft commercial \r\ncode governing the form and manner in which the market operator shall undertake its licensed \r\nactivities. \r\n(5) The Authority may require an applicant under sub-section (3) to provide such further \r\ninformation as it considers necessary in relation to the application, in such form or verified in such \r\nmanner as the Authority may direct. \r\n23B. Duties and responsibilities of a market operator. — (l) A market operator may, from \r\ntime to time and subject to approval by the Authority, make such commercial code as may be required \r\nto enable it to perform its functions as a market operator. \r\n(2) A market operator shall regulate its operations, standards of practice and business conduct \r\nof market participants and their representatives in accordance with its commercial code, policies and \r\nprocedures as approved by the Authority. \r\n(3) The Authority may, if requited in the public interest, direct a market operator to make such \r\ncommercial code or amend its existing regulations as it may specify in writing: \r\nProvided that if the market operator does not comply with the direction of the Authority within \r\na period of thirty days without providing just cause for such non-compliance to the Authority, the \r\ncommercial code of the market operator shall be deemed to have been made or amended, as the case \r\nmay be, and shall take effect accordingly. \r\n \r\n1Omitted and Ins. by Act No. XII of 2018, ss.27-28 \r\n \r\nPage 28 of 46 \r\n \r\n23C. Electric power trader licence. — (1) No person shall, unless licensed by the Authority \r\nunder this Act, engage in trading of electric power. \r\n(2) The eligibility criteria for grant of licence for trading of electric power shall be prescribed \r\nand include, amongst others, — \r\n(a) minimum solvency requirements; \r\n(b) minimum technical and human resource requirements; and \r\n(c) public service obligations of the licensee including quality of service, \r\ntransparency of transactions, timely collection and dissemination of payments, \r\neffective collection and dissemination of any and all taxes and surcharges as \r\nmay be imposed by the Federal Government, etc. \r\n(3) An application for a licence under sub-section (1) shall specify— \r\n(a) the type of service for which the licence is being sought; \r\n(b) the mode and manner in which the service is proposed to be provided; and \r\n(c) any other information as may be specified. \r\n23D. Duties and responsibilities of electric power trader. — (1) The Authority may, after \r\nsuch enquiry as it may deem appropriate and subject to the conditions specified, grant a licence for \r\ntrading of electric power. \r\n(2) The licensee shall— \r\n(a) possess a right to trade in electric power subject to the conditions of licence; \r\n(b) be responsible to carry out trade bilaterally between the parties by entering into \r\nappropriate contracts containing necessary safeguards with regard to supply of \r\nelectricity through trading; \r\n(c) ensure that appropriate meters are in place for the purpose of energy accounting \r\nand comply with the specifications as specified by the Authority; \r\n(d) have requisite agreements with transmission licensees and distribution licensees \r\nfor transmission or wheeling of electricity, as the case may be; \r\n(e) declare to the Authority its maximum trading monthly volume and five-year \r\ntrading plan; \r\n(f) comply with any direction issued by the system operator; \r\n(g) publicly make available the Authority’s approved applicable rates, charges and \r\nother terms and conditions for power sales to consumers; \r\n(h) maintain accounts in accordance with the manner and procedure laid down by \r\nthe Authority; and \r\n(i) any other obligations as may be imposed by the Authority. \r\n23E. Electric power supply licence. — (1) No person shall, unless licensed by the Authority \r\nunder this Act, engage in supply of electric power to a consumer: \r\n \r\nPage 29 of 46 \r\n \r\nProvided that the holder of a distribution licence on the date of coming into effect of the \r\nRegulation of Generation, Transmission and Distribution of Electric Power (Amendment) Act, 2018 \r\nshall be deemed to hold a licence for supply of electric power under this section for a period of five \r\nyears from such date. \r\n(2) The eligibility criteria for grant of licence to supply electric power shall be prescribed by \r\nthe Federal Government and shall include, without limitation, — \r\n(a) minimum solvency requirements; \r\n(b) minimum human resource requirements; \r\n(c) provisions with respect to a supplier of the last resort, as the case may be; and \r\n(d) public service obligations of the licensee including quality of service, \r\ntransparency of transactions, timely collection and dissemination of payments, \r\neffective collection and dissemination of any and all taxes and surcharges as \r\nmay be imposed by the Federal Government, etc. \r\n(3) An application for a licence for supply of electric power shall specify— \r\n(a) the type of service for which the licence is being sought; \r\n(b) the mode and manner in which the service is proposed to be provided; and \r\n(c) any other information as may be specified. \r\n23F. Duties and responsibilities of an electric power supplier. —The Authority may, after \r\nsuch enquiry as it may deem appropriate and subject to the conditions specified, grant a licence for \r\nsupply of electric power. \r\n(2) The licensee shall— \r\n(a) possess a right to make sales of electric power to consumers in the territory \r\nspecified in the licence and to frame schemes in respect of that territory; \r\n(b) be responsible to make sales of electric power within its territory on a non-\r\ndiscriminatory basis to all the consumers who meet the eligibility criteria laid \r\ndown by the Authority: \r\nProvided that— \r\n(i) the licensee may not be required to make sale of electric power to a bulk \r\npower consumer who has contracted for electric power supply from \r\nanother supplier; and \r\n(ii) the licensee may request the concerned distribution licensee to \r\ndisconnect the provision of electric power to a consumer for default in \r\npayment of power charges or to a consumer who is involved in theft of \r\nelectric power; \r\n(c) publicly make available the Authority’s applicable rates, charges and other \r\nterms and conditions for power sales to consumers; \r\n \r\nPage 30 of 46 \r\n \r\n(d) establish, within three months of the issue of its licence and make available to \r\nthe public, instructions specifying— \r\n (i) procedures for obtaining service; and \r\n(ii) the manner and procedure for metering, billing and collection of the \r\nlicensee’s approved charges and disconnection in case of non-payment \r\nof charges, electric power theft and use of energy for purposes other than \r\nfor which it was supplied and procedures for re-connection and recovery \r\nof arrears and other charges; \r\n(e) maintain accounts in accordance with the manner and procedure laid down by \r\nthe Authority; and \r\n(f) develop, maintain and publicly make available, with prior approval of the \r\nAuthority, an investment program for satisfying its service obligations and \r\nacquiring and selling its assets. \r\n1[(g) ensure timely submission of annual or multiyear petitions and quarterly \r\npetitions, as specified by the Authority and to the extent applicable to it, ensure \r\ntimely submission of all information and data to the uniform tariff applicant so \r\nthat the uniform tariff application duly supported by consolidated accounts is \r\nmoved by it within a period of fifteen days of intimation of tariff by the \r\nAuthority under sub-section 4 of section 31of this Act: \r\nProvided that in the event timely submissions are not made, then the \r\nAuthority may call for requisite information in terms of section 44 of this Act.] \r\n23G. System operator licence. — (1) No person shall, unless licensed by the Authority under \r\nthis Act, undertake functions as a system operator as may be specified by the Authority, including but \r\nnot limited to— \r\n(a) generation scheduling, commitment and dispatch; \r\n \r\n(b) transmission scheduling and generation outage coordination; \r\n \r\n(c) transmission congestion management; \r\n \r\n(d) cross border transmission coordination; \r\n \r\n(e) procurement and scheduling of ancillary services and system planning for long \r\nterm capacity; and \r\n \r\n(f) such other activities as may be required for reliable and efficient system \r\noperations: \r\n \r\nProvided that only one such licence shall be granted at any one time: \r\nProvided further that the national grid company shall be deemed to be a \r\nsystem operator for a period of two years from commencement of the \r\nRegulation of Generation, Transmission and Distribution of Electric Power \r\n(Amendment) Act, 2018. \r\n \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. XIV of 2021, s.3 \r\n \r\nPage 31 of 46 \r\n \r\n (2) The eligibility criteria for grant of licence as a system operator shall be prescribed by the \r\nFederal Government and shall include, without limitation, — \r\n(a) minimum technical and human resource requirements; and \r\n(b) public service obligations of the licensee including quality of service and \r\ntransparency of transactions. \r\n (3) A person eligible for a licence to be licensed as a system operator may make an application \r\nto the Authority in such form and manner and on such conditions as may be specified. \r\n(4) An application for licence under sub-section (3) shall be accompanied by a draft grid code \r\ngoverning the form and manner in which the system operator shall undertake its licensed activities. \r\n(5) The Authority may require an applicant under sub-section (3) to provide such further \r\ninformation as it considers necessary in relation to the application, in such form or verified in such \r\nmanner as the Authority may direct. \r\n23H. Duties and responsibilities of a system operator. — (1) A system operator shall, from \r\ntime to time and subject to approval by the Authority, make such grid management code as may be \r\nrequired to enable it to carry out its functions as a system operator. \r\n(2) A system operator shall regulate its operations, standards of practice and business conduct \r\nin accordance with policies and procedures as approved by the Authority. \r\n(3) The Authority may, if required in the public interest, direct the system operator to make \r\nsuch grid code or amend its existing grid code as it may specify in writing: \r\nProvided that if the system operator does not comply with the directions of the Authority within \r\na period of thirty days without providing just cause for such non-compliance to the Authority, the grid \r\ncode of the system operator shall be deemed to have been made or amended, as the case may be, and \r\nshall take effect accordingly.] \r\n24. Licensees to be companies. Except the WAPDA the 1[PEDO] or any other person specially \r\nexempted by the Authority, a 1[* * * * *] licence shall not be granted to any person unless it is a \r\ncompany registered under the Companies Ordinance, 1984(XLVII of 1984). \r\n25. Licences of Territory Served by KESC. — (1) Notwithstanding anything contained in \r\nthis Act and subject to the provisions of this section, the Authority may grant licences 1[or registration \r\nunder this Act] 1[* * * * * * *] to one or more licensees 1[or registered persons] for the territory served \r\nby the KESC at the time of commencement of this Act. \r\n(2) For a period of six months from the commencement of this Act, the KESC shall be deemed \r\nto be a licensee under this Act and, shall during the said period apply for an appropriate licence in \r\naccordance with the provisions of this Act. \r\n(3) Where a licence under this section is granted to the KESC, the conditions applicable to a \r\nlicensee 1[or registered person] under this Act 1[* * * * * * *], shall equally be applicable to the KESC. \r\n1[25A. Registration. — (1) Any person providing electric power services, other than \r\ngeneration under Chapter IIA or an electric power service requiring a licence under this Act, shall be \r\nregistered with the Authority in the manner and subject to such conditions as may be prescribed. \r\n \r\n \r\n1Subs., Omitted and Ins. by Act No. XII of 2018, ss.29-31 \r\n \r\nPage 32 of 46 \r\n \r\n (2) Without prejudice to the generality of sub-section (1), a person registered under this section \r\nshall, at all times, — \r\n(a) maintain the prescribed minimum capital requirement; \r\n(b) maintain adequate facilities to ensure efficient provision of the service it is \r\nregistered to provide; and \r\n(c) comply with the provisions of this Act and the rules and regulations made \r\nhereunder.] \r\n26. Modifications.— If the Authority is of the opinion that it is in the public interest it may, \r\nwith the consent of the licensee, amend or vary the conditions of any licence issued 1[or registration \r\ngranted] under this Act and in the absence of licensee’s consent, the Authority shall conduct a public \r\nhearing on whether the proposed amendment or variance is in the public interest and shall make a \r\ndetermination consistent with the outcome of that hearing. \r\n27. Assignment of licence prohibited. — A licensee 1[or a registered person, as the case may \r\nbe] shall not, without the prior approval of the Authority, surrender, assign or transfer its licence 1[or \r\nregistration] to any person. \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\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\n1Ins. and Subs. by Act No. XII of 2018, ss. 32-33 \r\n \r\nPage 33 of 46 \r\n \r\n1[CHAPTER IIIA \r\nENFORCEMENT \r\n27A. Investigation and proceedings by the Authority. — (1) The Authority may appoint not \r\nless than two officers to conduct investigations in respect of any matter that is a violation of this Act, \r\nthe rules, regulations and codes made thereunder or the conditions of a licence issued or registration \r\ngranted under this Act, as the case may be. \r\n (2) The Authority, in the notice of appointment of investigation officers under sub-section (1), \r\nshall specify— \r\n(a) the reason for initiation of investigation; \r\n \r\n(b) the possible violations which are to be investigated; and \r\n \r\n(c) the time frame within which the investigation is to be completed: \r\n \r\nProvided that a copy of the notice of investigation shall be provided to the persons under \r\ninvestigation, who shall be bound to facilitate the investigation officers in all aspects of the \r\ninvestigation. \r\n(3) When an investigation has been ordered under sub-section (1), an investigating officer may, \r\nby notice in writing, require any person to produce before him such books, registers or documents as \r\nare in custody or under control of that person. \r\n(4) A person who obstructs or hinders an investigating officer while exercising any of the \r\npowers under this section or deliberately fails to produce any such books, registers or documents as \r\nare required by the Authority or an investigating officer, shall be liable to— \r\n(a) proceedings under sections 27B and 28, where the Authority is of the view that \r\nnon-compliance with the investigation would adversely affect the interest of the \r\nconsumers of the person under investigation and where the person under \r\ninvestigation is a licensee or a registered person; and \r\n \r\n(b) imposition of penalty under section 27B, in all other cases. \r\n \r\n(5) Any person aggrieved by the conduct of an investigating officer may lodge a complaint in \r\nrespect thereof to the Authority. \r\n(6) The Authority shall, within fifteen days of receipt of the complaint under sub-section (5), \r\ncommence a hearing to determine the veracity of such complaint in accordance with the specified \r\nprocedure. \r\n27B. Penalty for default or contravention. — Any person who acts in contravention of this \r\nAct or the rules and regulations made thereunder or fails to comply with the conditions of a licence \r\nissued or registration granted to that person and such person is a party to such contravention shall be \r\npunishable in case of— \r\n(a) a company, with a minimum fine of ten million Rupees which may extend to \r\ntwo hundred million Rupees and, in the case of a continuing default, with an \r\n \r\n \r\n1Ins. by Act No. XII of 2018, s. 34 \r\n \r\nPage 34 of 46 \r\n \r\nadditional fine which may extend to one hundred thousand Rupees for every \r\nday during which the contravention continues; and \r\n(b) an individual, with a minimum fine of one million Rupees which may extend to \r\nten million Rupees and, in the case of a continuing default, with an additional \r\nfine which may extend to ten thousand Rupees for every day during which the \r\ncontravention continues: \r\n \r\nProvided that a fine shall only be imposed under this section after \r\nproviding a reasonable opportunity of being heard to the person alleged to be in \r\ncontravention: \r\nProvided further that where the person is a generation company, a \r\nlicensee or a person registered under this Act, a penalty imposed under this \r\nsection shall not be treated as a cost for the purposes of tariff determination by \r\nthe Authority. \r\n27C. Prohibition order. — (1) The Authority may, after recording reasons in writing, for \r\ncontinuing violations of this Act or the rules or regulations made thereunder— \r\n(a) prohibit a generation company, a licensee or a registered person, from providing \r\nelectric power services; or \r\n \r\n(b) in the case of a generation company, prohibit any or all persons from purchasing \r\nelectricity from such generation company; or \r\n \r\n(c) require a generation company, a licensee or a registered person, to improve the \r\nprovision of electric power services so as to ensure compliance with this Act \r\nand the rules and regulations made thereunder. \r\n \r\n(2) The Authority may, either on its own motion or on the application of a generation company, \r\na licensee or a registered person, against whom a prohibition or requirement has been imposed under \r\nsub-section (1), rescind or vary such prohibition or requirement if the Authority is satisfied that no \r\nviolation of this Act or rules or the regulations made thereunder exists to that extent.] \r\n28. Suspension and revocation. —1[(1) Notwithstanding anything contained in section 27B, \r\nthe Authority may suspend or revoke any licence issued or registration granted under this Act for \r\nconsistent failure of the licensee or registered person to comply with the conditions of the licence or \r\nregistration: \r\n \r\nProvided that before taking action under this section, the Authority shall issue a notice to show \r\ncause and may provide an opportunity to rectify the omission subject to such conditions as the \r\nAuthority may specify.] \r\n \r\n(2) Where the Authority revokes or suspends a licence 1[or registration], it may undertake all \r\nor any of the following actions for continuance of the facilities covered under the licence 1[or \r\nregistration], namely— \r\n \r\n(a) permit the licensee 1[or registered person] to continue operating such facilities \r\nunder such terms and conditions as the Authority may specify; \r\n \r\n \r\n1Subs. and Ins. by Act No. XII of 2018, s.35 \r\n \r\nPage 35 of 46 \r\n \r\n(b) contract with another person to immediately take over the operation of the \r\nfacilities; or \r\n(c) appoint an administrator to take over the operation of the facilities. \r\n(3) The actions specified in sub-section (2) may continue till a successor licensee 1[or registered \r\nperson] takes over the charge of the facilities on such terms and conditions as the Authority may \r\ndetermine including payment of compensation for the plant, machinery and other equipment installed \r\nat a facility of the licensee 1[or registered person] whose licence 1[or registration] was revoked. \r\n1[29. * * * * * * *] \r\n30. WAPDA and 1[PEDO] to be licensees. —Notwithstanding anything contained in this Act \r\nfor a period of six months from the commencement of this Act, the WAPDA and the 1[PEDO] shall \r\nbe deemed to be licensees under this Act, and shall, during the said period, apply for appropriate \r\nlicences in accordance with the provisions of this Act. \r\n(2) Where a licence under this section is granted to the WAPDA or the 1[PEDO], the conditions \r\napplicable to a licensee under this Act for generation, transmission and distribution of electric power, \r\nas the case may be, shall equally be applicable to WAPDA or [PEDO]. \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\n1Ins., Omitted and Subs. by Act No. XII of 2018, ss.35-37 \r\n \r\nPage 36 of 46 \r\n \r\n1[CHAPTER IIIB \r\nTARIFF] \r\n1[31. Tariff. —(l) The Authority shall, in the determination, modification or revision of rates, \r\ncharges and terms and conditions for the provision of electric power services, be guided by the national \r\nelectricity policy, the national electricity plan and such guidelines as may be issued by the Federal \r\nGovernment in order to give effect to the national electricity policy and national electricity plan. \r\n(2) The Authority, in the determination, modification or revision of rates, charges and terms \r\nand conditions for the provision of electric power services shall keep in view— \r\n(a) the protection of consumers against monopolistic and oligopolistic prices; \r\n(b) the research, development and capital investment programme costs of licensees; \r\n(c) the encouragement of efficiency in licensees, operations and quality of service; \r\n(d) the encouragement of economic efficiency in the electric power industry; \r\n(e) the economic and social policy objectives of the Federal Government; and \r\n(f) the elimination of exploitation and minimization of economic distortions. \r\n(3) Without prejudice to the generality of sub-section (2), the following general guidelines shall \r\nbe applicable to the Authority in the determination, modification or revision of rates, charges and terms \r\nand conditions for provision of electric power services, namely: — \r\n(a) tariffs should allow licensces the recovery of any and all cost prudently incurred \r\nto meet the demonstrated needs of their customers: \r\nProvided that assessments of licensees’ prudence may not be required \r\nwhere tariffs are set on other than cost of service basis, such as formula based \r\ntariffs that are designed to be in place for more than one year; \r\n(b) tariffs should generally be calculated by including a depreciation charge and a \r\nrate of return on the capital investment of each licensee commensurate to that \r\nearned by other investments of comparable risk; \r\n(c) tariffs should allow licensees a rate of return which promotes continued \r\nreasonable investment in equipment and facilities for improved and efficient \r\nservice; \r\n(d) tariffs should include a mechanism to allow licensees a benefit from and \r\npenalties for failure to achieve the efficiencies in the cost of providing the \r\nservice and the quality of service; \r\n(e) tariffs should reflect marginal cost principles to the extent feasible, keeping in \r\nview the financial stability of the sector; \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins. and Subs. by Act No. XII of 2018, ss.38-39 \r\n \r\nPage 37 of 46 \r\n \r\n (f) the Authority shall have a preference for competition rather than regulation and \r\nshall adopt policies and establish tariffs towards that end; \r\n(g) tariffs may be set below the level of cost of providing the service to consumers \r\ncategories consuming electric power below such consumption levels as may be \r\nprescribed, as long as such tariffs are financially sustainable; \r\n(h) tariffs should, to the extent feasible, reflect the full cost of service to consumer \r\ncategories with similar service requirements; \r\n(i) tariffs should seek to provide stability and predictability for customers; and \r\n(j) tariffs should be comprehensible, free of misinterpretation and shall state \r\nexplicitly each component thereof: \r\nProvided that the Authority shall strike a balance to the extent possible, \r\namong the general guidelines in order to optimize the benefits to all persons \r\nlikely to be affected by the determination, modification or revision of rates, \r\ncharges and terms and conditions. \r\n(4) Subject to sub-sections (2) and (3), the Authority shall, 1[on the basis of uniform tariff \r\napplication, determine a uniform tariff for public sector licensees, engaged in supply of electric power \r\nto consumers, in the consumer’s interest,] on the basis of their consolidated accounts. \r\n(5) The Authority may specify procedures for determination, modification or revision of rates, \r\ncharges and terms and conditions for the provision of electric power services, including without \r\nlimitation__ \r\n(a) time frame for decisions by the Authority on tariff applications; \r\n(b) opportunity for customers and other interested parties to participate \r\nmeaningfully in the tariff approval process; and \r\n(c) protection for refund, if any, to customers while tariff decisions are pending. \r\n(6) The time frame for determination by the Authority on tariff petition shall not exceed four \r\nmonths after the date of admission of the tariff petition: \r\nProvided that this time frame shall commenc after the applicant has complied with all \r\nrequirements of rules and regulations and the Authority has admitted the tariff petition. \r\n1[(7) Notification of the Authority’s approved tariff or uniform tariff, as the case may be; rates, \r\ncharges, and other terms and conditions for the supply of electric power services shall be made, in the \r\nofficial Gazette, by the Federal Government within thirty days of intimation of the same by the \r\nAuthority. In the event the Federal Government fails to notify the tariff so determined by the Authority, \r\nor refer the matter to the Authority for reconsideration, within the time period specified, then the \r\nAuthority may direct immediate application of its recommended and approved tariff or uniform tariff \r\nas the case may be, by way of notification of the same, subject to adjustment which may arise on \r\naccount of reconsideration, if any, subsequently filed by the Federal Government: \r\n \r\n \r\n1Subs. by Act No. XIV of 2021, s.4 \r\n \r\nPage 38 of 46 \r\n \r\nProvided that— \r\n(i) the Federal Government may, as soon as may be, but not later than thirty days \r\nof receipt of the Authority’s intimation of its approved tariff of public sector \r\nlicensees involved in distribution and supply business, require the Authority to \r\nreconsider its determination of such tariff to the extent of issues common to \r\nthese licensees. Whereupon the Authority shall, within thirty days, determine \r\nthese after reconsideration and intimate the same to the Federal Government; \r\n(ii) the Authority may, on a quarterly basis and not later than a period of fifteen \r\ndays, make quarterly adjustments in the approved tariff on account of capacity \r\nand transmission charges, impact of transmission and distribution losses, \r\nvariable operation and maintenance and, policy guidelines as the Federal \r\nGovernment may issue and, intimate the tariff so adjusted to the Federal \r\nGovernment prior to its notification in the official Gazette. The Federal \r\nGovernment may, as soon as may be, but not later than fifteen days of receipt \r\nof the Authority’s intimation of its recommendation for adjustment, require the \r\nAuthority to reconsider its determination of such quarterly adjustment. In the \r\nevent the Federal Government does not refer the matter to the Authority for \r\nreconsideration, within the time period specified above, then the Authority shall \r\nnotify the tariff so adjusted in the official Gazette. However, in case of filing of \r\nthe reconsideration request by the Federal Government, within the time period \r\nspecified above, the Authority shall, within fifteen days, determine such \r\nadjustments after reconsideration and intimate the same to the Federal \r\nGovernment prior to its notification in the official Gazette; \r\n(iii) the Federal Government in lieu of reconsideration requests may opt to file an \r\nappeal, however, in the event the Federal Government moves reconsideration \r\nrequest then it shall not subsequently be entitled to avail the remedy of appeal \r\nagainst the decision of reconsideration request; \r\n(iv) the Authority may, on a monthly basis and not later than a period of seven days, \r\nmake adjustments in the approved tariff on account of any variations in the fuel \r\ncharges and policy guidelines as the Federal Government may issue and, notify \r\nthe tariff so adjusted in the official Gazette.] \r\n1[(8) Notwithstanding anything contained in this Act and in addition to the tariff, rates and \r\ncharges notified under sub-section (7) and this sub-section, each electric power supplier shall collect \r\nsuch surcharges from any or all categories of consumers, as the Federal Government may charge and \r\nnotify in the official Gazette from time to time, in respect of each unit of electric power sold to any or \r\nall categories of consumers and deposit the amount so collected in such manner as may be prescribed. \r\nThe amount of such surcharges shall be deemed as a cost incurred by the electric power supplier and \r\nincluded in the tariff notified under sub-section (7): \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. XIV of 2021, s.4 \r\n \r\nPage 39 of 46 \r\n \r\nProvided that such surcharges shall be levied for the following purposes, namely: — \r\n(a) funding of any public sector project of public importance [to the extent decided \r\nby the Federal Government]; and \r\n(b) fulfillment of any financial obligation of the Federal Government 1[or of a \r\npublic sector entity nominated by the Federal Government] with respect to \r\nelectric power services [to the extent decided by the Federal Government]. \r\nExplanation. — For the purposes of this proviso, the term “financial obligations” includes \r\nobligations of the Federal Government 1[or of a public sector entity nominated by the Federal \r\nGovernment] to make payments in respect of purchase of electric power as well as obligations related \r\nto electric power services secured through issuance of sovereign guarantee 1[.] \r\n1[* * * * * * *] \r\n32. Investment and power acquisition programmes. — (1) The Authority shall, within \r\neighteen months from the commencement of this Act, 2[specify] procedures and standards for the \r\nAuthority’s prior approval of the transmission companies’ and distribution companies’ investment and \r\npower acquisition programmes. \r\n(2) Any procedures 2[specified] by the Authority under this section shall advance the goal of \r\nminimizing regulatory oversight of contracts entered into by the national grid company 2[, the \r\nprovincial grid companies] and distribution companies. \r\n(3) Any investment programme or power acquisition programme, approved by the Authority \r\nunder this section shall take into account the national energy plans issued by the Federal Government. \r\n(4) Upon the Authority’s approval of an investment programme or a power acquisition \r\nprogramme, the Authority shall, subject to such terms and conditions including rates and charges of \r\nelectric power, permit the distribution company to enter into long term contracts for power purchases. \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins., Subs. and Omitted by the Finance Act, 2025 (Act No. XIX of 2025), s.8. \r\n2Subs. and Ins. by Act No. XII of 2018, s.40. \r\n \r\n \r\n \r\nPage 40 of 46 \r\n \r\n1[CHAPTER IIIC \r\nPERFORMANCE AND STANDARDS] \r\n33. Organizational matters. — Subject to the procedures established by the Authority under \r\nthis Act, the Authority may, in the public interest, with or without modifications, approve the following \r\nactivities by a licensee for generation, transmission and distribution, namely: — \r\n(a) the undertaking of a merger or a major acquisition or sale of facilities; \r\n(b) the expansion of the licensee’s business activities; and \r\n(c) the undertaking of a re-organization of the licensee’s business structure. \r\n34. Performance standards. —The Authority shall 1[specify] performance standards for \r\ngeneration, transmission and distribution companies to encourage safe, efficient and reliable service, \r\nincluding standards for__ \r\n(i) service characteristics such as voltage and stability; \r\n(ii) scheduled and unscheduled outages; \r\n(iii) reserve margins where applicable; \r\n(iv) time required to connect new customers; and \r\n(v) principles and priorities of load shedding. \r\n35. Industry standards and codes of conduct. —The Authority shall 1[specify] industry \r\nstandards and uniform codes of conduct so as to provide— \r\n(a) planning criteria for safety, reliability and cost effectiveness of the generation, \r\ntransmission and distribution facilities; \r\n1[(aa) technical standards for construction of electrical plants, electric lines and \r\nconnectivity to the grid; \r\n(ab) grid standards for operation and maintenance of transmission lines;] \r\n(b) construction practices and standards of such facilities; \r\n(c) operating standards and procedures; \r\n(d) maintenance schedules; \r\n(e) maintenance of adequate spinning reserves and plans to satisfy demand; \r\n(f) equipment specification and standardization; and \r\n(g) load-shedding and restoration procedures. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins. and Subs. by Act No. XII of 2018, ss.41-43 \r\n \r\nPage 41 of 46 \r\n \r\n 1[35A. Offices of complaints regarding over-billing etc.— (1) Notwithstanding anything \r\ncontained in section 38 or section 39, the Authority may establish district level complaint offices to \r\nhear and decide complaints regarding overbilling, non-compliance of instructions respecting metering \r\nand collection of approved charges, disconnection in case of non-payment of charges, electric power \r\ntheft and use of energy for purposes other than for which it was supplied. \r\n \r\n(2) The manner and procedure whereby consumers and licensees may make complaints under \r\nthis section shall be specified: \r\nProvided that the office of complaints shall, on receipt of a complaint and before taking any \r\naction thereon, give notice to the licensee or any other person against whom such complaint has been \r\nmade to show cause and provide such licensee or such other person an opportunity of being heard. \r\n(3) If, on inspection by an office of complaints, a willful contravention against a licensee or \r\nany other person is established, a licensee person and any such anyother person that is party to the \r\ncontravention shall be punishable in case of— \r\n(a) a licensee, with a fine under section 27B; \r\n(b) an employee of a licensee who is found to be party to the contravention \r\ncomplained of, to imprisonment for a term which may extend to three years or \r\nto a fine which may extend to ten million Rupees or to both; \r\n(c) a consumer that is a company, with a fine under section 27B; and \r\n(d) any other individual who is found to be party to the contravention complained \r\nof, to imprisonment for a term which may extend to three years or to a fine \r\nwhich may extend to ten million Rupees or to both.] \r\n36. Uniform system of accounts. — The Authority shall 1[specify] a uniform system of \r\naccounts which shall be followed by the licensee of generation, transmission and distribution facilities \r\nwithin such period as may be 1[specified]. \r\n37. Review of public sector projects. — (1) For the purposes of coordination, in the case of \r\nany public sector project, the advice of the Authority shall be sought by the agency planning to \r\nundertake such projects. \r\n(2) The provision of sub-section (1) shall not apply to public sector projects which do not \r\nsupply electricity to the national grid. \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\n1Ins. and Subs. by Act No. XII of 2018, ss.44-45 \r\n \r\nPage 42 of 46 \r\n \r\nCHAPTER-IV \r\nADMINISTRATION \r\n38. Provincial offices of inspection. — (1) Each Provincial Government shall— \r\n(a) establish offices of inspection that shall be empowered to— \r\n(i) enforce compliance with distribution companies’ instructions respecting \r\nmetering, billing, electricity consumption charges and decision of cases \r\nof theft of energy; and \r\n(ii) make determination in respect of disputes over metering, billing and \r\ncollection of tariff and such powers may be conferred on the Electric \r\nInspectors appointed by the Provincial Government under section 36 of \r\nthe Electricity Act, 1910 (Act IX of 1910) , exerciseable, in addition to \r\ntheir duties under the said Act. \r\n(b) establish procedures whereby distribution companies and consumers may bring \r\nviolations of the instructions in respect of metering, billing and collection of \r\ntariff and other connected matters before the office of inspection; and \r\n(c) enforce penalties determined by the Provincial Government for any such \r\nviolation. \r\n(2) The Provincial Governments may, upon request by the Authority, submit to the Authority— \r\n(a) a copy of any document in the charge of the Provincial Government relating to \r\nProvincial offices of inspection; and \r\n \r\n(b) other reports, statements and information as the Authority determines to be \r\nnecessary or appropriate for the Authority’s periodic assessment of the \r\neffectiveness of inspection made by Provincial Officers of inspection. \r\n \r\n1[(3) Any person aggrieved by any decision or order of the Provincial Office of Inspection may, \r\nwithin thirty days of the receipt of the order, prefer an appeal to the Authority in the 2[specified] manner \r\nand the Authority shall decide such appeal within sixty days.] \r\n39. Complaints. — (1) Any interested person, including a Provincial Government, may file a \r\nwritten complaint with the Authority against a licensee for contravention of any provision of this Act \r\nor any order, rule, regulation, licence or instruction made or issued thereunder. \r\n \r\n(2) The Authority shall, on receipt of a complaint, before taking any action thereon, give notice \r\nto the licensee or any other person against whom such complaint has been made to show cause and \r\nprovide such licensee or such other person an opportunity of being heard. \r\n________ \r\n \r\n \r\n1Added by Act No. XVIII of 2011, s. 8 \r\n2Subs. by Act No. XII of 2018, s. 46 \r\n \r\n \r\n \r\nPage 43 of 46 \r\n \r\n1[CHAPTER IVA \r\nMISCELLANEOUS] \r\n40. Enforcement of orders of the Authority. — The Authority’s determinations on decisions \r\nby tribunals set-up under section 11 of this Act shall be deemed to be decrees of a civil court under the \r\nCode of Civil Procedure, 1908 (Act V of 1908). \r\n41. Sum payable to the Authority to be recoverable as land revenue. — All sums payable \r\nto the Authority in accordance with the provisions of this Act and the rules shall be recoverable as \r\narrears of land revenue. \r\n42. Reports of the Authority. — (1) The Authority shall submit, to the Council of Common \r\nInterests and to the Federal Government, at the end of every financial year, but before the last day of \r\nSeptember of that year— \r\n(a) a report on the conduct of its affairs for that year including anticipated \r\ndevelopments for the following year; and \r\n(b) report on the state of the electric power services in the country identifying the \r\nownership, operation, management, efficiency and control of electric power \r\nfacilities, amount of transmission and generation capacity, present and future \r\ndemand of electricity, cost of electric power services and other matters relating \r\nto electric power services. \r\n43. Inspection by public. — (1) The Authority shall maintain public files that shall be kept \r\nopen in convenient form for public inspection and examination during reasonable business hours. \r\n(2) Subject to procedures and standards for confidentiality, the Authority’s public files shall \r\ninclude all relevant documents to be maintained and indexed as the Authority deems fit. \r\n(3) The Provincial Governments shall keep open in convenient form for public inspection and \r\nexamination during reasonable business hours all complaints, responses and decisions relating to the \r\nProvincial inspection offices. \r\n44. Information. — The Authority may call for any information, required by it for carrying \r\nout the purposes of this Act from any person involved directly or indirectly, in the provision of electric \r\npower services or any matter incidental or consequential thereto. Any such person shall be liable to \r\nprovide the 1[*] information called by the Authority, failing which he shall be liable to a 1[* * *] penalty \r\n1[under this Act.] \r\n \r\n45. Relationship to other laws.— The provisions of this Act, rules and regulations made and \r\nlicences issued thereunder shall have effect notwithstanding anything to the contrary contained in any \r\nother law, rule or regulation, for the time being in force and any such law, rule or regulation shall, to \r\nthe extent of any inconsistency, cease to have any effect from the date this Act comes into force and \r\nthe Authority shall, subject to the provisions of this Act, be exclusively empowered to determine rates, \r\ncharges and other terms and conditions for electric power services : \r\n \r\n \r\n \r\n \r\n \r\n1Ins., Omitted and Subs. by Act No. XII of 2018, ss.47-48 \r\n \r\nPage 44 of 46 \r\n \r\nProvided that nothing in this Act shall affect the jurisdiction, powers or determinations of the \r\nCorporate Law Authority or the Monopoly Control Authority. \r\n1[46. Rules. — (1) The Federal Government may, either on its own motion or on \r\nrecommendation of the Authority and by notification in the official Gazette, make rules for matters \r\nrequired to be prescribed under this Act: \r\nProvided that the power to make rules conferred by this section shall be subject to consultation \r\nwith the Authority and the Provincial Governments and be subject to previous publication for eliciting \r\npublic opinion thereon within a period of not less than fourteen days from the date of publication: \r\nProvided further that in case of a disagreement between the Federal Government and the \r\nProvincial Governments, such rules shall be referred to the Council of Common Interests for a decision \r\nthereon. \r\n(2) Without prejudice to the generality of the foregoing powers, such rules may provide for— \r\n(a) procedure for seeking nominations of members of the Authority and the \r\nAppellate Tribunal from the Provincial Governments; \r\n(b) publication of rates and charges of electricity consumption; \r\n(c) procedure for submission of various reports to the Council of Common Interests \r\nor to the Federal Government and the manner of preparation of such reports; \r\n(d) procedure for inquiry and investigation into affairs of an applicant for a licence \r\nand for any contravention of any provision of this Act; \r\n(e) seeking of information; and \r\n(f) any other matter incidental or consequential. \r\n47. Regulations. — (1) The Authority may, for performance of its functions under this Act \r\nand by notification in the official Gazette, make regulations not inconsistent with the \r\nprovisions of this Act and the rules. \r\n(2) Without prejudice to the foregoing powers, such regulations may provide for— \r\n(a) appointment of officers, members of staff and such other persons and the terms \r\nand conditions of their service; \r\n(b) the form and manner of applications to be made for a licence for generation, \r\ntransmission or distribution facilities; \r\n(c) the fees and documents to be accompanied with the applications for licences; \r\n(d) procedure for metering, billing and collection of electric power charges by the \r\nlicensees; \r\n(e) procedure for resolving disputes amongst the licensees and consumers; \r\n(f) manner and procedure of show cause notices; and \r\n(g) any other matter incidental or consequential. \r\n \r\n \r\n1Subs. by Act No. XII of 2018, s.49 \r\n \r\nPage 45 of 46 \r\n \r\n(3) The power to make regulations conferred by this section shall be subject to the condition of \r\nprevious publication and before making any regulations the draft thereof shall be published in two \r\nnewspapers of wide circulation for eliciting public opinion thereon within a period of not less than \r\nthirty days from the date of its publication.] \r\n1[48. Power of the Authority to issue directives, circulars, guidelines, etc.— The Authority \r\nshall have the power to issue such directives, codes, guidelines, circulars or notifications as are \r\nnecessary to carry out the purposes of this Act and the rules and regulations made hereunder. \r\n49. Cognizance of offences. — Notwithstanding anything contained in the Code of Criminal \r\nProcedure, 1898 (Act V of 1898), no court other than the court of sessions shall take cognizance of an \r\noffence under this Act except on a complaint by an officer authorized in this behalf by the Authority. \r\n50. Savings.— (1) Notwithstanding anything contained in the Regulation of Generation, \r\nTransmission and Distribution of Electric Power (Amendment) Act, 2018 or any repeal effected \r\nthereby, nothing shall affect or be deemed to affect anything done or any action taken or purported to \r\nhave been taken, including any rule, regulation, notification, determination, order or notice made or \r\nissued, any approval, appointment or declaration made, any operation undertaken or direction given, \r\nany proceedings taken or any penalty, punishment or fine imposed under this Act before the \r\ncommencement of the Regulation of Generation, Transmission and Distribution of Electric Power \r\n(Amendment) Act, 2018. \r\n(2) Subject to sub-section (1), any order, rule, notification, regulation, appointment, \r\nconveyance, deed, document or direction made, fee directed, determination given, proceedings taken, \r\ninstrument executed or issued or thing done under or in pursuance of any provision of the Regulation \r\nof Generation, Transmission and Distribution of Electric Power (Amendment) Act, 2018 shall, if in \r\nforce before the commencement of the Regulation of Generation, Transmission and Distribution of \r\nElectric Power (Amendment) Act, 2018, continue to be in force and shall have effect as if made, \r\ndirected, passed, given, taken, executed, issued or done under or in pursuance of this Act: \r\nProvided that, pursuant to the coming into effect of the Regulation of Generation, Transmission \r\nand Distribution of Electric Power (Amendment) Act, 2018, the rules and regulations issued under this \r\nAct shall be brought into conformity with the amended provisions of this Act, wherever required, \r\nwithin a period of one year from the date of coming into effect of the Regulation of Generation, \r\nTransmission and Distribution of Electric Power (Amendment) Act, 2018. \r\n(3) Any person appointed to any office prior to the coming into force of the Regulation of \r\nGeneration, Transmission and Distribution of Electric Power (Amendment) Act, 2018 shall be deemed \r\nto have been appointed to that office under and by virtue of this Act and any condition or term of \r\nservice or employment modified through the Regulation of Generation, Transmission and Distribution \r\nof Electric Power (Amendment) Act, 2018 shall not have retrospective application or effect. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Added by Act No. XII of 2018, s. 50 \r\n \r\nPage 46 of 46 \r\n \r\n51. Validation.— 1[(1)] Anything done, actions taken, orders passed, instruments made, \r\nnotifications issued, agreements made, proceedings initiated, processes or communications issued, \r\npowers conferred, assumed or exercised by the Federal Government in terms of sub-section (5) of \r\nsection 31 on or after the first day of July, 2008 till the coming into force of the Regulation of \r\nGeneration, Transmission and Distribution of Electric Power (Amendment) Act, 2018 shall be deemed \r\nto have been validly done, made, issued, taken, initiated, conferred, assumed and exercised and shall \r\nbe deemed to have effect accordingly. \r\n1[(2) All acts done or taken and notifications issued by the Federal Government with respect to \r\nelectric power services, from the enactment of the Regulation of the Generation, Transmission and \r\nDistribution of Electric Power (Amendment) Act, 2018 till the coming into force of the Regulation of \r\nthe Generation, Transmission and Distribution of Electric Power (Amendment) Act, 2021, shall be \r\ndeemed to have been validly made and issued under this Act]. \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\n4617207 Date: 08.07.2025 \r\n \r\n \r\n1Renumbred and Ins. by Act No. XIV of 2021, s.5", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-a09a8915c3645dc6:sha256:8206ab4588309c81598c4798d29c23aa83665498d050b18690b1b09f06225624:chars-0-1786:2543cdc27f1fc7225a555a842992629b796c34b59944ec4f7e5c04341be7b460", "character_start": 0, "character_end": 1786, "utf8_byte_start": 0, "utf8_byte_end": 1786, "passage_sha256": "2543cdc27f1fc7225a555a842992629b796c34b59944ec4f7e5c04341be7b460", "reader_fragment": "p-0-1786-2543cdc27f1fc722" }, { "passage_id": 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