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  "title": "PUNJAB POWER DEVELOPMENT BOARD ACT 2011",
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  "text": "THE PUNJAB POWER DEVELOPMENT BOARD ACT 2011 \r\n(XVIII of 2011) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nPUNJAB POWER DEVELOPMENT BOARD \r\n3. Establishment of the Board. \r\n4. Composition of the Board. \r\n5. Managing Director. \r\n6. Terms and Conditions of members. \r\n7. Conduct of business. \r\n8. Functions of the Board. \r\n9. Committees. \r\n10. Organization of the Board. \r\n11. Appointment of staff. \r\nCHAPTER III \r\nFUNDS, ACCOUNTS AND AUDIT \r\n12. Punjab Power Development Fund. \r\n13. Accounts and audit. \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n14. Delegation of powers. \r\n15. Issuance of policy directives. \r\n16. Annual report. \r\n17. Power to make rules. \r\n18. Regulations. \r\n19. Authorities to aid the Board. \r\n20. Indemnity. \r\n21. Removal of difficulties. \r\nTEXT \r\n1\r\nTHE PUNJAB POWER DEVELOPMENT BOARD ACT 2011 \r\n(XVIII of 2011) \r\n[3rd October, 2011] \r\nAn \r\nAct  \r\nto provide for the establishment of the Punjab Power Development Board for the \r\nimplementation of policies of the Government to facilitate the private investors in \r\npower sector and to harness the energy generation resources in the Province. \r\nPreamble. Whereas it is expedient to establish the Punjab Power  Development \r\nBoard for the purposes of implementation of policies, programs and projects in the \r\nfield of energy in the Province and to facilitate the private investors in power sector \r\nthrough one window facility; to harness the available sources of energy generation in \r\nthe Province; and to provide for ancillary matters. \r\n It is enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement . (1) This Act may be cited as the \r\nPunjab Power Development Board Act 2011. \r\n (2) It extends to whole of the Province. \r\n (3) It shall come into force at once. \r\n2. Definitions. In this Act– \r\n(a) “Act” means the Punjab Power Development Board Act 2011; \r\n(b) “Board” means the Punjab Power Development Board established \r\nunder section 3 of the Act; \r\n(c) “Chairman” means the Chairman of the Board;  \r\n(d) “Fund” means the Punjab Power Development Board Fund; \r\n(e) “Government” means the Government of the Punjab; \r\n(f) “Managing Director” means the Managing Director of the Board; \r\n(g) “Member” means a Member of the Board incl uding the Chairman and \r\nSecretary; \r\n(h) “prescribed” means prescribed by the rules or regulations; \r\n(i) “Province” means the Province of the Punjab; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 15 September 2011 ; assented to by the Governor of the Punjab on 30 \r\nSeptember 2011; and, was published in the Punjab Gazette (Extraordinary), dated 3 October 2011, pages 37367-37371. \r\n(j) “regulations” means the regulations framed under the Act;  \r\n(k) “rules” means the rules made under the Act; and \r\n(l) “Secretary” means the Secretary of the Board. \r\nCHAPTER II \r\nPUNJAB POWER DEVELOPMENT BOARD \r\n3. Establishment of the Board . (1) The Government may, by notification, \r\nestablish the Punjab Power Development Board. \r\n (2) The Board shall be a body corporate having perpetual succession and a \r\ncommon seal, with power to enter into contract, acquire or dispose of property, and \r\nBoard may sue or be sued by the name of the Punjab Power Development Board. \r\n (3) The Board shall establish its head office at Lahore and may set up a \r\nsub-office at any place in the Province. \r\n4. Composition of the Board . (1) Subject to this section, the Government \r\nshall appoint the Chairman and \r\n2\r\n[twelve] other members. \r\n \r\n3\r\n[(2) The Government shall appoint two members from amongst the \r\nrepresentatives of the private power producers including at least one woman, if \r\navailable and four members of the Provincial Assembly of the Punjab including at \r\nleast two female members of the Assembly.] \r\n (3) The Government may prescribe qualifications and mode o f \r\nappointment of any category of member. \r\n (4) The Government may appoint a person as member by virtue of his \r\noffice. \r\n (5) The Managing Director shall be the Secretary. \r\n5. Managing Director . (1) The Government shall appoint a professional \r\nengineer having a t least ten years experience in the relevant field as the Managing \r\nDirector. \r\n (2) The Government shall prescribe terms and conditions of service of the \r\nManaging Director. \r\n (3) The Managing Director shall hold office for a term of three years \r\nextendable for another term of three years. \r\n (4) The Government shall not appoint a person as Managing Director for \r\nmore than two consecutive terms. \r\n6. Terms and conditions of members . (1) The Government shall appoint a \r\nmember, other than an ex -officio member, for a te rm of three years, extendable for \r\nanother term of three years. \r\n                                                           \r\n2Substituted for the word “ten” by the Punjab Fair Representation of Women Act 2014 (IV of 2014); and published in the Punjab \r\nGazette (Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.59. \r\n3Substituted ibid. \r\n (2) A member, other than ex -officio member, may, by a one month prior \r\nwritten notice addressed to the Government, resign from his office. \r\n (3) The Government may remove a member, other than ex -officio \r\nmember, without assigning any reason. \r\n7. Conduct of business . (1) The Government or the Board shall prescribe or \r\ndetermine the procedure for conduct of business of the Board. \r\n (2) Existence of any vacancy in the constitution of the Board shall no t \r\ninvalidate an act or proceedings of the Board. \r\n8. Functions of the Board. The Board shall– \r\n(a) facilitate the private investors on behalf of the Government in matters \r\nrelating to the setting up of power projects in accordance with the policy \r\nof the Government; \r\n(b) implement the policy of the Government relating to power generation \r\nand coordinate with various departments and agencies of the \r\nGovernment in the field of power generation; \r\n(c) negotiate and finalize, with the prospective private investors in t he \r\npower sector, the implementation plans, feasibility studies and \r\noperational plans; \r\n(d) receive fees and charges from private investors in processing of their \r\napplications for power projects and shall deposit and disburse the fees \r\nor charges; \r\n(e) correspond with the local or international agencies in the performance \r\nof its functions under this Act; \r\n(f) issue no objection certificate, permission or licence for use of canal or \r\nriver water or land of the Government for power generation; \r\n(g) explore potential sites for hydel and coal power generation and develop \r\nnon-conventional sources of energy including solar, wind, biomass, \r\nbiogas and solid waste; \r\n(h) examine energy policies of the Federal Government and advise the \r\nGovernment on effect of the policies of the Federal Government; \r\n(i) co-ordinate with the Federal Government or any authority or agency of \r\nthe Federal Government for installation of power houses, grid stations \r\nand transmission lines according to needs of the Province; \r\n(j) encourage and ensure expl oitation of indigenous resources for \r\ndevelopment of thermal or hydel power projects in the Province; \r\n(k) encourage the local and foreign entities to form joint ventures for \r\nparticipation in the development of the power projects; \r\n(l) advise the Government o n bulk power supply from the national grid for \r\ntransmission and distribution within the Province, levy of tax on \r\nconsumption of electricity, laying of transmission lines and \r\ndetermination of power tariff for distribution of electricity within the \r\nProvince; \r\n(m) acquire, where necessary, land for power projects; and \r\n(n) perform such other functions as may be prescribed to promote power \r\ngeneration in the Province. \r\n9. Committees. The Board may constitute a committee or committees to \r\nperform the functions as may be prescribed or entrusted by the Board. \r\n10. Organization of the Board. (1) The Board may, for carrying out its functions, \r\nestablish one or more organizations. \r\n (2) An organization established under sub -section (1) shall be subject to \r\ncontrol and supervision of the Board and perform the functions as may be prescribed. \r\n11. Appointment of staff. (1) The Board may appoint the officers, experts, advisors, \r\nconsultants and members of staff as it may consider necessary for the efficient \r\nperformance of its functions on such terms and conditions as may be prescribed. \r\n (2) The members, officers, advisors, consultants, employees and staff of \r\nthe Board, when acting or purporting to act under any of the provisions of this Act, \r\nrules or regulations, shall be deemed to  be public servants within the meaning of \r\nsection 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\nCHAPTER III \r\nFUNDS, ACCOUNTS AND AUDIT \r\n12. Punjab Power Development Fund . (1) There shall be established a non -\r\nlapsable fund vested in the Board to be known  as the Punjab Power Development \r\nFund for the purpose of meeting expenses in connection with the functions and \r\noperations of the Board, committees and organizations under this Act, including \r\npayment of salaries and other remuneration payable to members, st aff, experts, \r\nconsultants, advisors and other officers and employees of the Board, committees and \r\nthe organizations. \r\n (2) The Fund shall consist of: \r\n(a) funds provided by the Government for payment of salaries, establishing \r\ninfrastructure and running the day to day business of the Board; \r\n(b) loans or grants by the Government; \r\n(c) other loans or funds obtained by the Board; \r\n(d) foreign aid, grants and loans negotiated and raised, or otherwise \r\nobtained, by the Board; \r\n(e) charges for services or for the provis ion of any information or report \r\nautomated or otherwise to any government, private entity or any other \r\nperson; \r\n(f) fees and commissions collected by the Board as may be prescribed; \r\n(g) income from the sale of property;  \r\n(h) funds from floating bonds, share s, debentures, certificates, or other \r\nsecurities issued by the Board; and  \r\n(i) all other sums received by the Board. \r\n(3) The Fund shall be kept in one or more accounts maintained by the \r\nBoard, in local or foreign currency in a scheduled bank and shall be o perated in \r\naccordance with the directions of the Board. \r\n13. Accounts and audit. (1) The Board shall prepare its own budget in respect \r\nof a financial year in accordance with prescribed procedure and shall maintain \r\ncomplete and accurate books of accounts of their actual expenses and receipts. \r\n (2) The Board shall appoint a Chartered Accountant or a firm of Chartered \r\nAccountants to audit the accounts of the Board and any organization established by the \r\nBoard. \r\n (3) The auditor appointed under sub -section (2) s hall be provided access \r\nto the books, accounts and other documents as may be considered necessary for \r\naudit of the accounts. \r\n (4) The auditor shall submit the annual audit report or any special audit \r\nreport to the Board. \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n14. Delegation of powers. The Board may delegate any of its powers, duties or \r\nfunctions to the Managing Director or any other officer in the prescribed manner. \r\n15. Issuance of policy directives . The Government may, as and when it \r\nconsiders necessary, issue policy directives to the Board in respect of its activities \r\nand the Board shall be bound to comply with such directives. \r\n16. Annual report. (1) The Board shall, within three months of the conclusion of \r\na calendar year, submit an annual performance report to the Government. \r\n (2) The report shall consist of– \r\n(a) the statement of accounts and audit reports of the Board and \r\nany organization established by the Board; \r\n(b) a comprehensive statement of the work and activities of the \r\nBoard during the preceding year; and  \r\n(c) such other matters as may be prescribed or as the Board may \r\nconsider appropriate.  \r\n (3) The Government shall, within two months of receiving the report from \r\nthe Board, give notice for laying the report in the Provincial Assembly of the Punjab, \r\nand shall lay the report in the Provincial Assembly at the earliest. \r\n17. Power to make rules . The Government may make rules to carry out the \r\npurposes of this Act. \r\n18. Regulations. (1) Subject to this Act and the rules, the Board may frame \r\nregulations, for giving effect to the provisions of this Act. \r\n (2) Without prejudice to the generality of the forgoing provisions, the \r\nregulations may provide for– \r\n(a) terms and conditions including remuneration and privileges for \r\nappointment of officers, employees, experts, advisors and consultants; \r\n(b) prescription of different scales and grades for the remuneration and \r\nprivileges of officers, staff members, experts, advisors and consultants of \r\nthe Board; and \r\n(c) procedure for appointment of members of the different committees and \r\nconduct of business of the committees. \r\n19. Authorities to aid the Board . All executive authorities in the Province shall \r\nrender such assistance to the Board as may be necessary for the execution of its \r\nprograms and projects being carried out under this Act. \r\n20. Indemnity. No suit, prosecution or other legal proceeding shall lie against the \r\nBoard, members, officers, advisors, consultants and other employees of the Board, in \r\nrespect of anything done or intended to be done in good faith under this Act. \r\n21. Removal of difficulties. If any difficulty arises in giving effect to any provision \r\nof this Act, the Government may make such order, as may be necessary for the removal \r\nof the difficulty.",
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