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  "title": "PUNJAB AAB-E-PAK AUTHORITY ACT 2019",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/V29UYVNjBjQ-",
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  "text": "PUNJAB AAB-E-PAK AUTHORITY ACT 2019 \r\n(XII of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Establishment of the Authority. \r\n4. Functions and powers of the Authority. \r\n5. Governing Body. \r\n6. Business of the authority. \r\n7. Meetings of the Governing Body. \r\n8. Chairman. \r\n9. Removal of Chairman or member of the Governing Body. \r\n10. Chief Operating Officer. \r\n11. Secretary. \r\n12. Appointment of Advisors and Consultants. \r\n13. Committees. \r\n14. Transfer of water supply function to the Authority. \r\n15. Appointment of Officers of the Authority. \r\n16. Immunity of the Chairman and Employees of the Authority. \r\n17. Fund. \r\n18. Budget, Audit and Accounts. \r\n19. Report to be furnished to the Government. \r\n20. Rules. \r\n21. Regulations. \r\n22. Removal of difficulties. \r\n \r\n \r\nTEXT \r\n1\r\nPUNJAB AAB-E-PAK AUTHORITY ACT 2019 \r\n(XII of 2019) \r\n[25th April, 2019] \r\nAn \r\nAct \r\nto provide for the establishment of the Punjab Aab-e-Pak Authority. \r\n2\r\n[It is necessary to establish the Punjab Aab -e-Pak Authority responsible for \r\nprovision of clean drinking water to the people of the Punjab, in consultation with the \r\nrelevant entities including the local governments; and for the matters connected \r\ntherewith and ancillary thereto.] \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and comm encement.– (1) This Act may be cited as  the \r\nPunjab Aab-e-Pak Authority Act 2019.  \r\n (2) It shall extend to whole of the Punjab.  \r\n(3) It shall come into force at once. \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Aab-e-Pak Authority Act 2019; \r\n(b) “advisor” means an advisor appointed to assist the Authority; \r\n(c) “Authority” means the Punjab Aab -e-Pak Authority established u nder \r\nsection 3 of the Act; \r\n(d) “Chairman” means the Chairman of the Governing Body; \r\n3\r\n[(dd) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);] \r\n(e) “employee” means an employee of the Authority; \r\n4\r\n[(ee) “facilities” means the premises, installations, equipment, storage, \r\npackaging, static or mobile, piped or otherwise supply networks, \r\nmaterials registered or licensed under the Act for  purposes of provision \r\nof clean drinking water;] \r\n(f) “Fund” means the fund established under section 5[17] of the Act; \r\n                                                      \r\n1This Act was passed by the Provincial Assembly of the Punjab on 14 March 2019; assented to by the Governor of the Punjab \r\non 23 April 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 25 April 2019, pp.3027-3032. \r\n2Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.2 \r\n3Inserted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.3 \r\n4Inserted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in t he Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.3 \r\n5Substituted for the figure “19” by the Punjab Aab-e-Pak Authority (Amendment) Act 2019 (XXVII of 2019), published in the \r\nPunjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.3 \r\n \r\n \r\n(g) “Governing Body” mea ns the Governing Body constituted  under \r\nsection 5 of the Act; \r\n(h) “Government” means Government of the Punjab; \r\n(i) “local g overnment” means a local g overnment established under the \r\nlaw for the time being in force; \r\n(j) “member” means the member of the Governing Body and  includes \r\nthe Chairman; \r\n(k) “Patron in Chief” means Governor of the Punjab; \r\n(l) “prescribed” means prescribed by  the rules or  the regulations made \r\nunder the Act; \r\n(m) “regulations” means the regulations framed under the Act; and \r\n(n) “rules” means the rules made under the Act. \r\n3. Establishment of the Authority .– (1) The Government shall, by notification \r\nin the official Gazette, establish an Authority to be known as the Punjab Aab -e-Pak \r\nAuthority. \r\n (2) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal with power to acquire, hold and dispose of property  subject to \r\nthe approval by the Government, and shall by the said name sue and be sued. \r\n4. Functions and powers of the Authority .– (1) The Authority shall 6[in the \r\nprescribed manner,] perform the following functions with regard to one or more areas \r\nentrusted to it by the G overnment or the relevant local government  with the \r\nagreement of the Authority: \r\n(i) to provide  sustainable supply of clean drinking water to each \r\nand every individual; \r\n(ii) to undertake or engage i n such activities as are necessary for  \r\nsustainable efficient and affordable clean drinking water; \r\n(iii) to conduct surveys, studies and research; \r\n(iv) to devise strategy, plan and actionable parameters for survey of \r\nwater contamination and for provision of clean drinking wa ter by \r\ninstallation of water filtration and purification plants; \r\n(v) to reduce, suspend or disconnect the water supply in the event \r\nof contravention of the provisions of the  Act or the rules or \r\nregulations made thereunder; \r\n(vi) \r\n7\r\n[to design, fabricate, construct, install, build, commission, test, \r\noperate and maintain or cause to design, fabricate, construct, \r\ninstall, build, commission, test, operate and maintain schemes \r\nand water filtration plants for drinking water;] \r\n                                                      \r\n6Inserted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n7Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n \r\n \r\n(vii) \r\n8\r\n[to develop or cause to develop an infrastruct ure as needed to \r\nprovide drinking water, including setting up of bottling plants, \r\nand testing laboratories;] \r\n(viii) to safeguard human health including reduction in the mortality \r\nrate associated with lack of access of safe drinking water, \r\ninadequate sanitation and poor hygiene by improving the quality \r\nand access to clean drinking water wh ich shall lead to reduction  \r\nof water borne diseases; \r\n(ix) to educate and involve the community in the development of \r\nfiltration plants and water supply schemes to devise suitable \r\narrangements for improving access to clean drinking water; \r\n(x) to carry out improvements, management, administration, \r\nsupervision, execution and control of works and projects for \r\nproviding clean drinking water; \r\n(xi) \r\n9\r\n[to devise and develop a model of designing, supervision, \r\nmonitoring and evaluation of the execution of clean drinking \r\nwater projects and their quality assurance system;] \r\n(xii) to increase participation in inter national collaborative projects  \r\nwherever necessary or desirable 10[; and] \r\n11\r\n[(xiii) to register or  cause to register facilities for provision of clean \r\ndrinking water; \r\n(xiv) to issue licenses to facilities engaged for provision of clean \r\ndrinking water; \r\n(xv) to maintain or cause to maintain a record including an electronic \r\ndatabase of all registrations, licenses, inspections, and matters \r\nrelated or ancillary thereto; and \r\n(xvi) to prescribe standards for clean drinking water.] \r\n \r\n12\r\n[(2) The Authority may also perform the following functions in such manner \r\nas may be prescribed:  \r\n(i) to liaise with companies, bodies, associations, societies, \r\ncorporations, authorities, agencies, trust, charities, \r\norganizations, institutions whether in Pakistan or \r\nelsewhere, engaged in providing clean drinking water;  \r\n(ii) to aid, benevolent, charitable, national or other institutions \r\nor the objects which are engaged in providing clean \r\n                                                      \r\n8Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n9Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n10Substituted for the full stop,  by Punjab Aab-e-Pak Authority (Amendment) Act 2019 (XXVII of 2019), published in the Punjab \r\nGazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n11Inserted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n12Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.4 \r\n \r\n \r\ndrinking water and which in the opinion of the Authority \r\nwarrant support; \r\n(iii) to prepare, print, publish, broadcast and issue or cause to \r\nprepare, print, publish, broadcast and issue papers, \r\nsurveys, journals, magazines, periodical reports, articles, \r\nbulletins, short message service, newsletters or \r\nconferences, audio -visual programmes, materials, \r\ngraphics, statistics, advisories for circulation and \r\ncommunication, through any appropriate means, \r\nincluding electronic means, for the information, guidance, \r\nawareness, and education of the general public;  \r\n(iv) to provide a platform for research and development \r\nregarding provision of clean drinking water; and  \r\n(v) to prepare or cause to prepare databank, s patial data \r\ninfrastructure, and disruptive technologies’ model for the \r\ntransparency and optimization of services’ delivery in the \r\ndischarge of its functions under the Act; \r\n(vii) to execute specific drinking water supply projects of the \r\nGovernment or the concerned local governments with the \r\nagreement of the Authority; \r\n(viii) to utilize existing surveys and databases of public health, \r\nincluding ONE-HEALTH of departments and agencies of \r\nthe Government for matters related thereof or ancillary \r\nthereto, for the purpose of the Act; and \r\n(ix) capacity building of the relevant institutions and the \r\nhuman resource to carry out its functions under the Act.] \r\n5. Governing Body.– (1) The management and administration of the affairs of \r\nthe Authority shall vest in the Governing Body. \r\n (2) The Governing Body shall consist of \r\n13\r\n[eleven] members including the \r\nChairman, and the members shall be appointed in the manner as may be prescribed \r\nand until so prescribed as may be determined by the Government.  \r\n \r\n14\r\n[(3) The Patron in Chief may  provide strategic guidance to the Authority, \r\nand he may, from time to time, review the  performance of the Authority to achieve \r\nthe purposes of the Act.] \r\n \r\n15\r\n[(4) The Chief Executive Officer of the Authority shall act as Secretary of \r\nthe Governing Body and the Governing Body shall have the following five  ex officio \r\nmembers: \r\n(a) Principal Secretary to Governor of the Punjab; \r\n                                                      \r\n13Substituted for the word “nine” by the Punjab Aab-e-Pak Authority (Amendment) Act 2019 (XXVII of 2019), published in the \r\nPunjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.5 \r\n14Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.5 \r\n15Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.5 \r\n \r\n \r\n(b) Secretary to the Government, Planning and Development \r\nDepartment; \r\n(c) Secretary to the Government, Finance Department; \r\n(d) Secretary to the Government, Housing, Urban Development and \r\nPublic Health Engineering Department; and \r\n(e) Secretary to the Government , Local Government and \r\nCommunity Development Department.] \r\n(5) A member of the Governing Body shall hold office for a period of three \r\nyears and  shall be eligible for re-appointment for another term.  \r\n(6) A member, other than an ex-officio member, may by writing under his \r\nhand, resign from his office. \r\n(7) The Government may, if it considers  expedient to do so, remove any \r\nnon-official member of the Authority without assigning any reason. \r\n(8) The m ember, other than an ex -officio m ember, shall cease to hold \r\noffice if he absents himself from  three consecutive meetings  of the Governing Body \r\nor from all the meetings of the Governing Body for a continuous period of three \r\nmonths, whichever is longer. \r\n6. Business of the authority .– (1) The meetings or the business of the \r\nAuthority shall be conducted in such manner and procedure as may be prescribed. \r\n (2) No act or proceedings of the Authority shall be invalid by reason of any \r\nvacancy or defect in the constitution of the Governing Body. \r\n7. Meetings of the Governing Body .– (1) The Chairman, or in his absence a \r\nmember elected by the m embers present, shall preside at the meetings of the \r\nAuthority. \r\n (2) The quorum for any meeting of the Governing Body shall be five \r\nmembers. \r\n8. Chairman.– \r\n16\r\n[(1) The Chairman shall be elected from amongst the non -\r\nofficial members of the Governing Body for a non-extendable term of one year. \r\n(2) The Chairman shall perform such functions as may be entrusted to him \r\nby the Governing Body from time to time.] \r\n (3) \r\n17\r\n[* * * * * * * * * * *] \r\n (4) \r\n18\r\n[* * * * * * * * * * *] \r\n (5) The Chairman shall draw such salary or remuneration as the \r\nGovernment may determine. \r\n                                                      \r\n16Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.6 \r\n17Omitted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.6 \r\n18Omitted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.6 \r\n \r\n \r\n9. Removal of Chairman  or m ember of the Governing Body .– \r\nNotwithstanding anything contained in section 5, the Government shall remove the \r\nChairman or an appointed member from office if he: \r\n(a) in the opinion of Government, fails to discharge his duties or becomes \r\nincapable of discharging his duties under the Act;  \r\n(b) has become insolvent; \r\n(c) has been convicted of an offence involving moral turpitude; \r\n(d) has knowingly acquired or continued to hold without the permissi on in \r\nwriting of the Government or the Patron in Chief directly or indirectly or \r\nthrough a partner, any share or interest in any contract or e mployment \r\nwith or on behalf of A uthority, in any land or property which in his \r\nknowledge, is likely to be beneficial for him as a result of operation of \r\nthe Authority.  \r\n10. \r\n19\r\n[Chief Executive Officer].– (1) There shall be a \r\n20\r\n[Chief Executive Officer] of \r\nthe Authority, who shall be appointed by the Government on such terms and  \r\nconditions as the Government may determine. \r\n (2) Subject to the direction and cont rol of the C hairman, the \r\n21\r\n[Chief \r\nExecutive Officer] shall have the general and active management of the business of \r\nthe Authority and shall see that all  orders and resolutions of the Governing B ody are \r\ncarried into effect.  \r\n (3)  The [Chief Executive Officer], may execute contracts,  deeds and other \r\ninstruments on behalf of the Authority  as are necessary and appropriate, subje ct to \r\napproval of the Chairman.  \r\n (4) The \r\n22\r\n[Chief Executive Officer] shall also exercise such powers and \r\nperform such functions as may be prescribed by regulatio ns or assigned by the \r\nAuthority.  \r\n (5) The Government shall determine the  remuneration for the \r\n23\r\n[Chief \r\nExecutive Officer]. \r\n \r\n24\r\n[(6) In addition to the powers and functions mentioned in subsection (2), (3) \r\nand (4), the Chief Executive Officer shall: \r\n(a) prepare and submit to the Governing Body a strategic plan for \r\noperation, management and functioning of the Authority and \r\n                                                      \r\n19Substituted for the words “Chief Operating Officer” by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of \r\n2019), published in the Punjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n20Substituted for the words “Chief Operating Officer” by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of \r\n2019), published in the Punjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n21Substituted for the words “Chief Operating Officer” by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of \r\n2019), published in the Punjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n22Substituted for the words “Chief Operating Officer” by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of \r\n2019), published in the Punjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n23Substituted for the words “Chief Operating Officer” by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of \r\n2019), published in the Punjab Gazette (Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n24Added by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.7 \r\n \r\n \r\nannual updates of the plan with respect to the major functions \r\nand operations of the Authority; \r\n(b)  prepare and submit to the Governing B ody proposals with \r\nrespect to such grants and allotments, contracts, other financial \r\nassistance, and designation of positions as are necessary or \r\nappropriate to carry out the objectives of the Authority; \r\n(c)  after receiving an approved proposal from the G overning Body, \r\nmake such grants and allotments, enter into such contracts, \r\naward such other financial assistance, make such payments in \r\nlump sum or installments, and in advance or by way of \r\nreimbursement, and in the case of financial assistance \r\notherwise authorized under the Act with necessary adjustments \r\non account of overpayments and underpayments, and designate \r\nsuch  positions as are necessary  or  appropriate  to  carry  out  \r\nthe effective functioning of the Authority; \r\n(d)  prepare and submit to the Governing Body a proposal regarding, \r\nthe regulations and such other standards, policies, procedures, \r\nprograms, and  initiatives as are necessary or appropriate for \r\nmanagement and operations of the Authority, and after receiving \r\nand reviewing of an approved proposal shall establish and \r\nadminister such standards, policies, procedures and programs \r\nas may be approved;  \r\n(e)  prepare and submit to the Governing body an annual report on \r\nactions taken to achieve the goal of the authority under the Act, \r\nincluding an assessment of the progress made toward achieving \r\nthose goals and the actions to be taken in the coming year \r\ntoward achieving those goal; and  \r\n(f)  prepare and submit to the Governing Body an annual report, \r\nand  such  interim reports as may be necessary, de scribing \r\nthe major actions with respect to the Officers of the Authority, \r\nand with respect to implemented standards, policies, \r\nprocedures, programs, and initiatives.] \r\n25\r\n[11. Registration and licensing of facilities .- (1) The Authority may , on such fee , \r\nregister or license such number of facilities in such manner as may be prescribed to \r\nensure provision of clean drinking water. \r\n (2) A facility registered or license d under subsection (1) shall comply with \r\nsuch standards of clean drinking water as may be prescribed.] \r\n12. Appointment of Advisors and Consultants.– The Authority may employ \r\nsuitably qualified advisors and consultants to transact any business or to do any act \r\nrequired to be transacted or done in exercise of powers or performance of it s \r\nfunctions under the Act. \r\n                                                      \r\n25Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.8 \r\n \r\n \r\n13. Committees.– (1) Subject to the Act and the rules, the Authority may appoint \r\nsuch committees a s may be necessary for the efficient discharge of its duties and \r\nperformance of its functions under the Act.  \r\n (2) The Authority shall have the powers to co -opt as members of any \r\ncommittee appointed under subsection (1), such  number of persons who are not \r\nmembers of the Governing Body as it may think fit and the person so co -opted shall \r\nhave the right to attend the meetings of the committee, and take part in the \r\nproceedings of the committee. \r\n14. Transfer of water supply functi on to the Authority.– (1) Where an area \r\nhas been entrusted to the Authority for purposes of water supply, the respective local \r\ngovernment shall not undertake drinking water supply functions for such period as \r\nthe Government may notify: \r\nProvided that such period shall not exceed two years without permission of \r\nthe relevant local government.   \r\n (2) Notwithstanding anyth ing contained in subsection (1), the Authority \r\nshall be responsible to the respective local government or where no local \r\ngovernment is present to the Government for the due discharg e of its water supply \r\nfunctions.  \r\n (3) The Authority shall perform its fu nctions in liaison with Housing, Urban \r\nDevelopment and  Public Health Engineering Department  of the Government  \r\nwhenever and wherever required.  \r\n15. Appointment of Officers of the Authorit y.– (1) The officers of the A uthority \r\nshall be appointed in the prescribed manner.  \r\n (2) Direct appointments in the Authority shall be made through open \r\ncompetition.  \r\n16. Immunity of the Chairman and Employees of the Authority.– (1) No suit or \r\nprosecution shall lie: \r\n(a) against the Authority for any act which in good faith is done or \r\npurported to be done by the Authority under this Act; or \r\n(b) against the Chairman, m ember of the Governing Body, officer, \r\nservant, Employee or agent for any act which in good faith is done \r\nor purported to be done by him under th e Act or on the direction of \r\nthe Governing Body. \r\n(2) Any expense incurred by such person as is referred to in subsection (1) \r\nin any suit or prosecution brought against him before any court in respect of any act \r\nwhich is done by him under the Act or on the direction of the Governing Body shall, if \r\nthe court holds that the act was done in good faith, be paid out of the funds of the \r\nAuthority. \r\n \r\n \r\n17. Fund.– \r\n26\r\n[(1) There shall be established a Fund to be known as the Punjab \r\nAab-e-Pak Authority Fund which shall be administered a nd controlled by the \r\nAuthority. \r\n(2) The Fund shall consist of: \r\n(a) budgetary releases from the Government; \r\n(b) grants made by the Federal Government, the \r\nGovernment or any other authority or agency, including \r\ninternational agencies and donors; \r\n(c) all such sums of money as may be determined from time \r\nto time by the Government; \r\n(d) all such sums of money as may be received by the \r\nAuthority in the exercise, discharge and performance of \r\nits powers, functions and duties, including levies, cess, \r\ntaxes, penalties etc.; \r\n(e) money received through sale of clean drinking water; \r\n(f) donations, if received from Pakistanis, including \r\nexpatriate Pakistanis; \r\n(g) fee and charges collected and profits earned by the \r\nAuthority;  \r\n(h) and income from any other source.] \r\n(3) The Fund shall be kept in such custody, utilized and regulated in  such \r\nmanner as may be prescribed by the Government. \r\n27\r\n[(4) There shall be paid out of the fund of the Authority all such sums of \r\nmoney required to defray the expenditures incurred by the Authority in the exercise, \r\ndischarge and performance of its powers and functions.] \r\n18. Budget, Audit and Accounts. – (1) The Authority shall prepare, in such form \r\nand at such time in each financial year, as may be prescribed, its budget for the next \r\nfinancial year, showing the estimated receipts and expenditure of the Authority.  \r\n (2) The Authority shall cause its accounts to be kept in such form and \r\nmanner as may be determined by the Government.  \r\n (3) The books of accounts of the Authority shall be kept at the head office \r\nof the Authority. \r\n (4) In addition to the requirement of the Government, the Authority shall \r\nalso have its annual Audit done by an independent Chartered Accountant to be \r\nappointed by the Authority. \r\n28\r\n[18A. Appointment of Inspectors.– (1) The Authority may appoint or designate as \r\nmany persons as Inspectors as may be necessary  to carry out the purposes of the \r\nAct in such manner as may be prescribed.  \r\n                                                      \r\n26Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.9 \r\n27Substituted by the Punjab Aab-e-Pak Authority (Amendment) Ordinance 2019 (VIII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 17 August 2019, pp. 309-315, s.9 \r\n \r\n \r\n(2) An Inspector shall have such qualifications and experience as may be \r\nprescribed but a person who has any financial interest in any matter regulated under \r\nthe Act shall not be appointed or designated as an Inspector.  \r\n(3) The Authority  may, with the approval o f the Government , place the \r\ncontrol and administration of an Inspectors with a local government to such extent as \r\nit may deem appropriate. \r\n18B. Penalties.– (1) A person in charge  of a registered or licensed  facility, who \r\ncontravenes any provision of the Act , the rules , the regulations or any order made \r\nunder the Act , shall be punished with imprisonment for a term which may extend to \r\none year or with fine which may extend to rupees two hund red thousand  or with \r\nboth. \r\n(2) If a facility which contravenes any of the provision s of the Act is a \r\ncompany, every director, manager, secretary or other officer or agent of such \r\ncompany shall be deemed to be guilty of such contravention. \r\n18C. Tribunal.– (1) The Government may , by notification  in the official G azette, \r\nconstitute, for the whole or any part of the Province, a Tribunal consisting of not less \r\nthan one technical and one judicial member  in such manner  and to perform  such \r\nfunctions as may be prescribed.  \r\n(2) An offence punishable under the Act shall be exclusively triable by a \r\nTribunal constituted under the Act \r\n(3) A person who is sentenced by the Tribunal, may, within thirty days of \r\nthe sentence, prefer an appeal to the Lahore High Court.  \r\n18D. Procedure.– (1) An offence under the Act shall be cognizable and bailable.  \r\n(2) The procedure for trial of offences under the Act shall generally be the \r\nsame as is laid down in the Code for trials on the basis of a police report.  \r\n(3) Nothing in this section shall pr eclude the Tribunal from following the \r\nprocedure laid down in the Code for summary trials. \r\n18E. Bar of jurisdiction.– No order made in exercise of any power conferred by or \r\nunder the Act shall be called in question in any Court except in the manner provided \r\nfor under the Act.  \r\n18F. Burden of proof .– Where any person is prosecuted for contravening any \r\norder made under the  Act or for contravening the Act, the burden of proof that he \r\nacted in accordance with the Act shall be on tha t person unless such a burden is  \r\ninconvenient for the person to discharge. \r\n18G. Act to have overriding effect .– The provisions of the Act shall have effect \r\nnotwithstanding anything contrary conta ined in any other law  for the time being in \r\nforce.] \r\n                                                                                                                                                                     \r\n28Inserted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.10 \r\n \r\n \r\n29\r\n[19. Annual report.– (1) The Authority shall submit an annual report of its activities \r\nto the Government at the end of each financial year. \r\n (2) The Government shall lay the annual report of the Authority in the \r\nProvincial Assembly of the Punjab within ninety days of its receipt from the authority.] \r\n30\r\n[20. Power to make rules.– (1) The Government may, by notification in the official \r\nGazette, make rules for carrying out the purpose of the Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\nprovision, such rules may provide for: \r\n(a) the manner of keeping of accounts; \r\n(b) qualification and procedure to be followed for appointment or \r\nrecruitment of advisers, consultants, experts, technical staff, \r\ninspectors and analysts; \r\n(c) terms and conditions of employment or service of employees; \r\n(d) date on which  and the f orm in which the annual budget \r\nstatement of the Authority shall be submitted to the Government \r\neach year; \r\n(e) procedure for appropriation and re -appropriation of moneys at \r\nthe disposal of the Authority; \r\n(f) form and manner in which the accounts of receipts and \r\nexpenditure of the moneys shall be kept; \r\n(g) such other matters relating to the administration of the Authority \r\nas the Government may think fit; and \r\n(h) procedure to be followed  in the conduct of business by \r\ncommittees constituted under the Act.] \r\n31\r\n[21.  Power to frame regulations .– Subject to the Act and the rules, the Authority \r\nmay, by notification in the official Gazette, frame regulations as may be necessary to \r\nensure prescribed standards and quality in the provision of clean drinking water and \r\nsustainability of its provision to the public.] \r\n22. Removal of difficulties. – If any difficulty arises in giving effect to  any \r\nprovision of the Act, the Chairman may, with the approval of the Government,  make \r\nsuch order, not inconsistent with the provisions of th e Act, as may appear to him to \r\nbe necessary for the purpose of removing such difficulty. \r\n                                                      \r\n29Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.11 \r\n30Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.12 \r\n31Substituted by the Punjab Aab -e-Pak Authority (Amendment) Act 2019 ( XXVII of 2019), published in the Punjab Gazette \r\n(Extraordinary), dated: 13th December 2019, pp. 2555-2560, s.13",
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