PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958
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THE PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958 (XXXI of 1958)
TEXT 1THE 2[PAKISTAN] WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958 (XXXI of 1958) [24th April, 1958] An Act to provide for the unified and co-ordinated development of the water and power resources of 3[Pakistan]. Preamble.– WHEREAS it is expedient to provide for the unified and co-ordinated development of the water and power resources of 4[Pakistan];
It is hereby enacted as follows:–
CHAPTER I
PRELIMINARY
Section 1. Short title and extent
(1) This Act may be called the 5[Pakistan Water and Power Development Authority Act, 1958];
(2) It extends to the whole of 6[Pakistan except the 7[Districts] of Karachi.]
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context–
(i) “Authority” means the 8[Pakistan Water and Power Development Authority] established under section 3 of this Act;
1For statement of objects and reasons, see Gazette of West Pakistan (Extraordinary), dated 26th March, 1958, pp. 411-412.
This Act was passed by West Pakistan Assembly on 2nd April, 1958; assented to by the Governor of West Pakistan on 19th April, 1958;and published in the West Pakistan Gazette (Extraordinary), dated 24th April, 1958 pages 689-99.
2Substituted for the words “West Pakistan” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979, s.2.
3Ibid.
4Ibid. 5Substituted, ibid., s.3, for “West Pakistan Water and Power Development Authority Act, 1958.”
6Substituted for the words “West Pakistan, except [the Karachi Area and the Tribal Areas]”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. The words in crotchets were earlier substituted, for “the Federal Capital and the Special Areas,” by West Pakistan Laws
(Adaptation) Order, 1964.
7Substituted for the words “District” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.2.
8Substituted for the words “West Pakistan Water and Power Development Authority” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.4.
(ii) “Chairman” means the Chairman of the Water and Power Development Authority;
(iii) “controlled station” means a power generating station declared as a controlled station under clause (iv) of sub-section (1) of section 11;
(iv) “Government” means the 9[Federal Government];
(v) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(vi) “local body” means any District Board, District Local Board, Municipal Corporation, Municipal Committee, Municipality, Small Town Committee or Notified Area Committee;
(vii) “Member” means Member of the Water and Power Development Authority;
(viii) “power” includes hydraulic power, electrical energy, steam, gas or any other power notified as such by the 10[Government] in the official Gazette;
and
(ix) “Regulations” means Regulations framed under this Act.
CHAPTER II
CONSTITUTION OF THE AUTHORITY
Section 3. Constitution of the Authority
(1) There shall be established an Authority to be known as the 11[Pakistan Water and Power Development Authority] for carrying out the purposes of this Act.
(2) The Authority shall be a body corporate, shall be entitled to acquire 12[,hold and dispose of] property, shall have perpetual succession and a common seal and shall by the said name sue and be sued.
Section 4. Appointment and term of office of Chairman and Members
13[(1) The Authority shall consist of a Chairman and not more than three members, appointed by Government.]
(2) The term of office of the Chairman shall be five years and that of a Member three years.
9Substituted for the words “Government of the Province of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of
1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. 10Substituted, ibid., for “Provincial Government”.
11Substituted for the words “Water and Power Development Authority” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.4.
12Substituted for the words “and hold” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.3.
13Substituted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1967 (XII of 1967); and published in the Gazette of West Pakistan (Extraordinary), dated 12.12.1967, pages3683-3684, s.2.
(3) Any person ceasing to be the Chairman or Member by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide.
(4) The Chairman or any Member may at any time resign; provided that his resignation shall not take effect until accepted by the Government.
Section 5. Remuneration and conditions of service
The Chairman and each Member shall receive such salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Act or by any Regulation framed under it.
Section 6. Removal of Chairman or Members
The Government may by notification remove the Chairman or any member–
(a) if he refuses or fails to discharge or becomes in the opinion of the Government, incapable of discharging, his responsibilities under this Act; or
(b) if he has been declared insolvent; or
(c) if he has been declared to be disqualified for employment in, or has been dismissed from the service of Pakistan, or has been convicted of an offence involving moral turpitude; or
(d) if he has knowingly acquired or continued to hold without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit or has benefitted as a result of the operation of the Authority.
Section 7. Meetings of the Authority
(1) The Authority shall meet at such time and place and in such manner, as may be prescribed by Regulations:
Provided that until Regulations are made in this behalf, such meetings shall be convened by the Chairman.
(2) The Chairman, or in his absence a Member authorised by him, and one other Member shall be present to constitute a quorum at a meeting of the Authority.
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
Section 8. General powers and duties of the Authority and framing of schemes
(1) The Authority shall prepare, for the approval of the Government, a comprehensive plan for the development and utilization of the water and power resources of 14[Pakistan] on a unified and multi-purpose basis.
14Substituted for the words “West Pakistan”by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
(2) The Authority may frame a scheme or schemes for 15[a Province] or any part thereof providing for all or any of the following matters, namely–
(i) irrigation, water-supply and drainage; and recreational use of water resources;
(ii) the generation, transmission and distribution of power; and the construction, maintenance and operation of power houses and grids;
(iii) flood control;
(iv) the prevention of waterlogging and reclamation of waterlogged and salted lands;
(v) inland navigation;
16[*]
(vi) the prevention of any ill-effects on public health resulting from the operations of the Authority 17[; and] 18 19[(vii) Privatise or otherwise restructure any operation of the Authority except the hydel generating power stations and the National Transmission Grid.]
(3) Every scheme prepared by the Authority under sub-section (2) shall be submitted for approval to the Government with the following information:–
(i) a description of the scheme and the manner of its execution;
(ii) an estimate of costs and benefits; the allocation of costs to the various purposes to be served by the scheme and the amounts to be repaid by the beneficiaries; and
(iii) a statement of the proposals by the Authority for the resettlement or re- housing of persons likely to be displaced by the execution of the scheme.
(4) The Government may sanction or may refuse to sanction, or may return for reconsideration any scheme submitted to it under this section, or may call for such further details or information about the scheme, or may direct such further examination of the scheme as it may consider necessary. 20[(5) Where a scheme is sanctioned by the Government under sub-section (4), the Authority may–
(a) undertake any joint venture or work in association with the Provincial Government, an agency, corporation, company, authority or any person and may subscribe to the equities and acquire such other rights and obligations as may be necessary for such joint venture or association;
15Substituted ibid., for “the Province”.
16The word “and” omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4. 17Semi-colon substituted for the “full-stop” and the word “and” added ibid. 18Added ibid. 19Added ibid.
20. Added by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4.
(b) promote, form or sponsor any company or companies having objects of installation of thermal and hydel projects and development and utilization of any resources of energy for generation, transmission and distribution of power and for survey, investigation, exploitation and utilization of resources of energy for generation, transmission and distribution of power;
(c) subscribe for, take or otherwise acquire, hold and dispose of shares, bonds, debentures, commercial papers or other securities of any company promoted, formed or sponsored under clause (b) and receive dividends or other payments therefrom and transfer to it any of its land or any other property, movable or immovable, tangible or intangible, against cash, shares, bonds, debentures, commercial papers or other securities as is desirable or necessary to enable it to privatise or otherwise restructure any operation of the Authority;
(d) enter into any of the following arrangements which may be consistent with its objects, namely:–
(i) provision of services and personnel;
(ii) provision of goods, appliances, plants, machinery and other material; and
(iii) purchasing of electrical capacity and energy from any company specified in clause (b); and
(e) enter into any contract or agreement with any company or companies specified in clause (b). Explanation.– For the purpose of this section the expression „privatise‟ means the transfer or disinvestment of any of its assets, property, rights or liabilities, interest, power houses, grid operation of work, or maintenance thereof, or generation or its distribution, by the Authority, with the prior approval of the Federal Government, for valuable consideration to any person, company or body on ownership basis or for management, control, operation or maintenance, either in joint venture or in association or otherwise and subject to such conditions as the Authority may impose.]
Section 9. Schemes framed by other agencies
(1) Any scheme framed by an agency in 21[any Province] other than the Authority, in respect of any of the matters enumerated in sub-section (2) of section 8, if its estimated cost exceeds the amount to be prescribed 22 by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of section 8.
(2) The Authority may, with the approval of the Government undertake the execution of any scheme, or exercise technical supervision and administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub-section (2) of section 8.
21Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
22For notification prescribing amount, see Gazette of West Pakistan, (Extraordinary), dated 13th February, 1959, p. 105.
[23] Section 9A. *****
Notwithstanding anything contained in this Act, the Authority may, with the previous approval of the Government, undertake the execution of any scheme framed or sponsored by a Provincial Government or any agency under the control of a Provincial Government or exercise technical supervision and administrative and financial control over the execution thereof on such terms and conditions as may be agreed to by the Authority on the one hand and the Provincial Government or, as the case may be, such agency in consultation with the Provincial Government on the other.]
Section 10. Survey and experiments
The Authority, if it considers this necessary or expedient for carrying out the purposes of this Act, may–
(a) cause studies, surveys, experiments or technical research to be made; or
(b) contribute towards the cost of any such studies, surveys, experiments or technical research made by any other agency. 24[10-A. On and from such date as the Government may, by notification, declare and subject to such terms and conditions as it may determine, all assets including lands, works, machinery, apparatus, material and plants vested in the Government in the Electricity Department shall vest in the Authority, and all liabilities in respect of the said assets shall be the liability of the Authority.]
Section 11. Control over waters, power houses and grids
(1) Subject to the provisions of any other law for the time being in force, the Authority–
(i) shall have control over the–
(a) underground water resources of any region in 25[a Province];
(b) operation of 26[its] power houses and grids, including such ancillary works as may be considered necessary for their proper operation;
(ii) may make recommendations to the Government for prescribing standards for the–
(a) operation and maintenance of all irrigation works;
(b) maintenance of power houses and grids;
(iii) may make recommendations to the Government for promoting simplification of methods of charge for supplies of electricity and standardisation of the system of supply;
23Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959); and published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.2, and substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
24Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.3.
25Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
26Substituted for the word “all” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5.
27[* * * * * * * * * * * * ]
(2) Before the Authority exercises any control under clause (i) of sub-section (1), the area over which and the extent to which control is intended to be exercised shall be agreed to and notified by the Government in the official Gazette. 28[* * * * * * * * * * * * ]
Section 12. Authority to have powers and obligations of licensee under Act IX of 1910
The Authority shall, for the purposes of the Electricity Act, 1910 29, be deemed to be a licensee and shall have all the powers and discharge all the obligations of a licensee under the said Act:
Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Authority.
Section 13. Powers regarding certain matters
(1) The Authority may take such measures and exercise such powers as it considers necessary or expedient for the carrying out of the purposes of this Act.
(2) Without prejudice to the generality of the power conferred by the preceding sections and the provisions of sub-section (1) of this section, the Authority may for carrying out the purposes of this Act–
(a) undertake any works, incur any expenditure, procure plant, machinery and materials required for its use and enter into and perform all such contracts as it may consider necessary or expedient;
(b) acquire by purchase, lease, exchange or otherwise and dispose of by sale, lease, exchange or otherwise any land or any interest in land;
(c) place wires, poles, wall brackets, stays, apparatus and appliances for the transmission of electricity, or for the transmission of telegraphic or telephonic communications necessary for the proper execution of a scheme;
(d) direct the owners of private lands to–
(i) carry out measures for training of streams;
(ii) undertake anti-erosion operations, including conservation of forests and re-afforestation;
(e) restrict or prohibit by general or special order the clearing and breaking up of land in the catchment area of any river;
(f) direct that any work which has been required to be done by any person under the two preceding clauses, and which remains undone, shall, after due notice to such person and consideration of any objection raised by
27Clauses (iv) and (v) omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5. 28Sub-section (3) omitted ibid. 29Act IX of 1910.
him, be executed by the Authority and specify the proportion in which the risk and expense of such work shall be borne by such person, or by any other person who, after being given a reasonable notice and after such inquiry as the Authority considers necessary, is held by the Authority to be responsible for the execution of such work in whole or in part; and
(g) seek and obtain advice and assistance in preparation or execution of a scheme from any local body or agency of the Government, and such local body or agency shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgement:
Provided that the Authority shall pay the cost of such advice and assistance if the giving of such advice and assistance entails additional expenditure to the local body or the agency.
(3) The acquisition of any land or any interest in land for the Authority under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 30, and the provisions of the said Act shall apply to all such proceedings.
Section 14. Right of entry
(1) The Chairman or any person authorised by him in writing, may enter upon and survey any land, erect pillars for the determination of intended lines of works, make borings and excavations and do all other acts which may be necessary for the preparation of any scheme:
Provided that when the affected land does not vest in the Authority, the power conferred by this sub-section shall be exercised in such manner as to cause the least interference with, and the least damage to, the rights of the owner thereof.
(2) When any person enters into or upon any land in pursuance of sub- section (1), he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered, the dispute shall be referred to the Deputy Commissioner of the district whose decision shall be final.
Section 15. Sanction of the Government
A scheme framed and sanctioned under this Act may be amended or modified by the Authority at any time, but if a material change is made in the scheme, previous sanction of the Government shall be obtained. Explanation.– An increase in the cost of the scheme by more than fifteen per cent of the sanctioned cost, or a change in the benefit and cost ratio which either makes the cost component in the ratio exceed the benefits or reduces the benefits component by more than fifteen per cent shall be deemed to be a material change for the purpose of this section.
Section 16. Arrangements with local body or other agency
(1) As soon as any scheme has been carried out by the Authority or at a later date, the Authority may arrange by a written agreement with a local body or other agency within whose jurisdiction any
30I of 1894.
particular area covered by the scheme lies, to take over and maintain any of the works and services in that area. If the Authority fails to obtain the assent of such a local body or other agency, it may refer the matter to the 31[Provincial Government] and the 32[Provincial Government] may give such directions to the local body or the other agency as it may deem fit.
(2) The Government shall have the power to direct the Authority to hand over any scheme other than a power scheme or the power part of a multi-purpose scheme carried out by it to any agency of the Government or a local body. In such a case the Authority shall be entitled to receive credit to the extent of the audited expenditure incurred by it on that scheme.
CHAPTER IV
ESTABLISHMENT
Section 17. Employment of officers and servants
(1) The Authority may from time to time employ such officers and servants, or appoint such experts or consultants, as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit:
33[Provided that all persons serving in connection with the affairs of 34[a Province] in the Electricity and Irrigation Department shall be liable to serve under the Authority, if required to do so by the 35[Provincial Government] on such terms and conditions as the 36[Provincial Government] may, in consultation with the Authority, determine but shall not be entitled to any deputation allowance:
Provided further that the 37[Provincial Government] may, in relation to any such person as aforesaid, delegate such administrative, disciplinary and financial powers to the Authority as the 38[Provincial Government] may deem fit:
Provided also that the terms and conditions of service of any such person as aforesaid shall not be varied by the Authority to his disadvantage.]
39[(1-A) Notwithstanding anything contained in sub-section (1) or any rules made, or orders or instructions issued, by the Authority, or in the terms and conditions of service of any person employed by, or serving under the Authority may, at any time,
31Substituted for the words “Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
32Ibid.
33Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.4.
34Substituted, for the words “the Province”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. 35Substituted, ibid for “Government”. 36Ibid. 37Ibid. 38Ibid.
39Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975); and published in the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2.
retire or remove from its service any person 40[after informing him in writing of the grounds on which such action is proposed to be taken and giving him an opportunity of showing cause in writing against the action, within a period of fourteen days].] 41[Explanation I.– For the purpose of this sub-section, any person employed by or serving under the Authority includes a person referred to in the provisos to sub-section (1). Explanation II.– Any person referred to in the provisos to sub-section (1) who is removed or retired from service by the Authority under this sub-section shall stand reverted to the Province to which he is allocated under the Province of West Pakistan
(Dissolution) Order, 1970 (P.O. No.1 of 1970).]
42[(1-B) Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973).]
43[(1-C) Any order of removal or termination of service passed by the Authority, in exercise of the powers conferred by sub-section (1-A), shall not be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of 1969), or the Essential Services (Maintenance) Act, 1952 (LIII of 1952), or under any law for the time being in force, before any Court, Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the thirtieth day of September, 1975, and before the coming into force 44 of the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979, setting aside or modifying or declaring any order of the Authority to be void and of no effect, shall stand vacated.]
45[(1-D) Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to or in relation to any person employed as a member of the security staff of the Authority for the protection of the installations and establishments of the Authority.]
(2) The Chairman, in case of urgency, may appoint such officers and servants on such terms and conditions as may be necessary:
Provided that every appointment made under this sub-section shall be reported to the Authority without unreasonable delay.
40Substituted for the words “without assigning any reason, after giving him not less than thirty days‟ notice or pay for the period by which such notice falls short of thirty days” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.6.
41Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.6.
42Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975) ; and published in the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2.
43Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.7.
44It came into force on 29th December, 1979.
45Added by the Pakistan Water and Power Development Authority (Amendment) Ordinance, 1983 (Federal Ordinance XIII of 1983); and published in the Gazette of Pakistan (Extraordinary), dated 25.5.1983, pages 93-94, s.2.
(3) 46[* * * * * * * * * * * ]
Section 18. Recruitment and conditions of service and disciplinary powers
The Authority shall prescribe the procedure for appointment, and terms and conditions of service of its officers and servants, and shall be competent to take disciplinary action against its officers and servants.
Section 19. Immunity of the Authority and its employees
(1) The Chairman, Members, officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code
47.
(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, Members or officers and servants of the Authority in respect of anything done or intended to be done, in good faith under this Act.
Section 20. Delegation of powers to Chairman, etc
The Authority may by general or special order delegate to the Chairman, a Member, or officer of the Authority, any of its powers, duties or functions under this Act subject to such conditions as it may think fit to impose.
CHAPTER V
REPORTS AND STATEMENTS
Section 21. Submission of yearly reports and returns, etc
(1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of 48[September] next following, a report on the conduct of its affairs for that
year.
(2) A copy of the report mentioned in sub-section (1), together with a copy of the audit report referred to in section 28 shall be placed by the Government before 49[the National Assembly] 50[,] 51[and 52[the National Assembly] shall refer the same to its Committee on public Accounts for scrutiny and examination.]
46Deleted by the West Pakistan Statutory Bodies (Appointment and Removal of Legal Advisors) Ordinance, 1965 (XXXII of 1965). The subsection originally inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1964 (XX of 1964); and published in the Gazette of West Pakistan (Extraordinary), dated 27.11.1964, pages 10363-10364, s.2. 47XLV of 1860
48Substituted for the word “June” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1960 (XII of 1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.2.
49Substituted, for the words “Provincial Assembly of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. 50Substituted, for the full-stop, by the West Pakistan Water and Power Development Authority (Amendment) Act, 1967 (XIII of 1967); and published in the Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.2.
51Inserted ibid.
52Substituted, for the words “Provincial Assembly” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
53[(2-A) The Committee on Public Accounts shall scrutinise and examine the reports referred to it under sub-section (2) in the same manner as, and shall in respect thereof, perform the same functions and exercise the same powers as are required by it to be performed and exercised in respect of appropriation accounts of the 54[Federal Government] and the report of the 55[Auditor-General] of Pakistan thereon.]
(3) The Government may require the Authority to furnish it with–
(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority, or
(ii) a report on any such matter, or
(iii) a copy of any document in the charge of the Authority, and the Authority shall comply with every such requisition.
CHAPTER VI
FINANCE
Section 22. Authority Fund
(1) There shall be a fund to be known as the “Authority Fund” vested in the Authority which shall be utilised by the Authority to meet charges in connection with its functions under this Act including the payment of salaries and other remunerations to the Chairman and Members of the Authority and to its officers and servants.
(2) The Authority Fund shall consist of–
(a) grants made by the Government;
(b) loans obtained from the Government;
(c) grants made by local bodies as required by the Government; 56[(d) sale proceeds of bonds, debentures, commercial papers or other securities issued by the Authority;] 57[(dd) all sums, dividends, shares, bonds, debentures, commercial papers, securities or any other payments received from a company or companies specified in clause (b) of sub-section (5) of section 8;]
(e) loans obtained by the Authority with the special or general sanction of the Government;
(f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or otherwise, with the sanction 58[and
53Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1967 (XIII of 1967); and published in the Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.3.
54Substituted for the words “ Provincial Government” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
55Substituted ibid., for “Comptroller and Auditor-General”.
56Substituted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.7.
57Added ibid.
58Inserted ibid.
under the guarantee] of, and on such terms and conditions as may be approved by the Government; and
(g) all other sums received by the Authority.
Section 23. Authority to be deemed to be a local authority
59[(1)] The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 60, for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Act shall be deemed to be a work which such Authority is legally authorised to carry out.
61[(2) Any sum due to the Authority shall be recoverable as arrears of land revenues.]
Section 24. Limited liability
The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.
Section 25. Rates for sale of power
(1) The Authority shall ordinarily sell power in bulk.
(2) The rates at which the Authority shall sell power shall be so fixed as to provide for meeting the operating costs, interest charges and depreciation of assets, the redemption at due time of loans other than those covered by depreciation, the payment of any taxes and a reasonable return on investment.
Section 26. Maintenance of accounts
The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by it:
Provided that separate accounts shall be maintained for all schemes and transactions relating to power.
Section 27. Annual statement of accounts
In the month of 62[January] each year the Authority shall submit to the Government for approval a statement of the estimated receipts and expenditure in respect of the next financial year.
Section 28. Audit
The accounts of the Authority shall be audited every year by the 63[Auditor-General] of Pakistan in such manner as may be prescribed by the Government. Copies of the audit report shall be sent to the Authority, and, with the comments of the Authority, to the Government and shall also be available for public inspection. The Authority shall carry out any directive issued by the Government for rectification of an audit objection.
59Section 23, re-numbered as 23(1) ibid., s.8. 60IX of 1914.
61Added by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.8.
62Substituted, for “October”, by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1960 (XII of 1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.3. 63Substituted, for the words “Comptroller and Auditor-General”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
CHAPTER VII
REGULATIONS
Section 29. Regulations
For the purpose of carrying into effect the provisions of this Act, the Authority may, with the approval of the Government, frame such Regulations as it may consider necessary or expedient.
Section 30. Repeal
The West Pakistan Water and Power Development Authority Ordinance, 1958 64, is hereby repealed.
64West Pakistan Ord. VIII of 1958.
Print contents from the source
CONTENTS CHAPTER I PRELIMINARY 1. Short title and extent. 2. Definitions. CHAPTER II CONSTITUTION OF THE AUTHORITY 3. Constitution of the Authority. 4. Appointment and term of office of Chairman and Members. 5. Remuneration and conditions of service. 6. Removal of Chairman or Members. 7. Meetings of the Authority. CHAPTER III POWERS AND DUTIES OF THE AUTHORITY 8. General powers and duties of the Authority and framing of schemes. 9. Schemes framed by other agencies. 9-A. ***** 10. Survey and experiments. 10-A. ***** 11. Control over waters, power houses and grids. 12. Authority to have powers and obligations of licensee under Act IX of 1910. 13. Powers regarding certain matters. 14. Right of entry. 15. Sanction of the Government. 16. Arrangements with local body or other agency. CHAPTER IV ESTABLISHMENT 17. Employment of officers and servants. 18. Recruitment and conditions of service and disciplinary powers. 19. Immunity of the Authority and its employees. 20. Delegation of powers to Chairman, etc. CHAPTER V REPORTS AND STATEMENTS 21. Submission of yearly reports and returns, etc. CHAPTER VI FINANCE 22. Authority Fund. 23. Authority to be deemed to be a local authority. 24. Limited liability. 25. Rates for sale of power. 26. Maintenance of accounts. 27. Annual statement of accounts. 28. Audit. CHAPTER VII REGULATIONS 29. Regulations. 30. Repeal.
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 13b8cd4735029cc8e28e4684fa57e5d2fe8d837a125e6a6d58975da33fa1861d.
THE PAKISTAN WATER AND POWER DEVELOPMENT
AUTHORITY ACT, 1958
(XXXI of 1958)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER II
CONSTITUTION OF THE AUTHORITY
3. Constitution of the Authority.
4. Appointment and term of office of Chairman and Members.
5. Remuneration and conditions of service.
6. Removal of Chairman or Members.
7. Meetings of the Authority.
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
8. General powers and duties of the Authority and framing of schemes.
9. Schemes framed by other agencies.
9-A. *****
10. Survey and experiments.
10-A. *****
11. Control over waters, power houses and grids.
12. Authority to have powers and obligations of licensee under Act IX of 1910.
13. Powers regarding certain matters.
14. Right of entry.
15. Sanction of the Government.
16. Arrangements with local body or other agency.
CHAPTER IV
ESTABLISHMENT
17. Employment of officers and servants.
18. Recruitment and conditions of service and disciplinary powers.
19. Immunity of the Authority and its employees.
20. Delegation of powers to Chairman, etc.
CHAPTER V
REPORTS AND STATEMENTS
21. Submission of yearly reports and returns, etc.
CHAPTER VI
FINANCE
22. Authority Fund.
23. Authority to be deemed to be a local authority.
24. Limited liability.
25. Rates for sale of power.
26. Maintenance of accounts.
27. Annual statement of accounts.
28. Audit.
CHAPTER VII
REGULATIONS
29. Regulations.
30. Repeal.
TEXT
1
THE
2
[PAKISTAN] WATER AND POWER DEVELOPMENT AUTHORITY ACT,
1958
(XXXI of 1958)
[24th April, 1958]
An
Act
to provide for the unified and co-ordinated development of the water and power
resources of
3
[Pakistan].
Preamble.– WHEREAS it is expedient to provide for the unified and co -ordinated
development of the water and power resources of
4
[Pakistan];
It is hereby enacted as follows:–
CHAPTER I
PRELIMINARY
1. Short title and extent. – (1) This Act may be called the
5
[Pakistan Water and
Power Development Authority Act, 1958];
(2) It extends to the whole of
6
[Pakistan except the
7
[Districts] of Karachi.]
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context–
(i) “Authority” means the
8
[Pakistan Water and Power Development Authority]
established under section 3 of this Act;
1For statement of objects and reasons, see Gazette of West Pakistan (Extraordinary), dated 26th March, 1958, pp. 411-412.
This Act was passed by West Pakistan Assembly on 2nd April, 1958; assented to by the Governor of West Pakistan on 19th April,
1958;and published in the West Pakistan Gazette (Extraordinary), dated 24th April, 1958 pages 689-99.
2Substituted for the words “West Pakistan” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance,
1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979, s.2.
3Ibid.
4Ibid.
5Substituted, ibid., s.3, for “West Pakistan Water and Power Development Authority Act, 1958.”
6Substituted for the words “West Pakistan, except [the Karachi Area and the Tribal Areas]”, by the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and
Schedule. The words in crotchets were earlier substituted, for “the Federal Capital and the Special Areas,” by West Pakistan Laws
(Adaptation) Order, 1964.
7Substituted for the words “District” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (F ederal Act
XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.2.
8Substituted for the words “West Pakistan Water and Power Development Authority” by the West Pakistan Water and Power Development
Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated
29.12.1979,s.4.
(ii) “Chairman” means the Chairman of the Water and Power Development
Authority;
(iii) “controlled station” means a power generating station declared as a
controlled station under clause (iv) of sub-section (1) of section 11;
(iv) “Government” means the
9
[Federal Government];
(v) “land” includes benefits to arise out of land, and things attached to the
earth or permanently fastened to anything attached to the earth;
(vi) “local body” means any District Board, District Local Board, Municipal
Corporation, Municipal Committee, Municipality, Small Town Committee or
Notified Area Committee;
(vii) “Member” means Member of the Water and Power Development
Authority;
(viii) “power” includes hydraulic power, electrical energy, steam, gas or any
other power notified as such by the
10
[Government] in the official Gazette;
and
(ix) “Regulations” means Regulations framed under this Act.
CHAPTER II
CONSTITUTION OF THE AUTHORITY
3. Constitution of the Authority. – (1) There shall be established an Authority to
be known as the
11
[Pakistan Water and Power Development Authority] for carrying out
the purposes of this Act.
(2) The Authority shall be a body corporate, shall be entitled to acquire
12
[,hold
and dispose of] property, shall have perpetual succession and a common seal and shall
by the said name sue and be sued.
4. Appointment and term of office of Chairman and Members. –
13
[(1) The
Authority shall consist of a Chairman and not more than three members , appointed by
Government.]
(2) The term of office of the Chairman shall be five years and that of a
Member three years.
9Substituted for the words “Government of the Province of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of
1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
10Substituted, ibid., for “Provincial Government”.
11Substituted for the words “Water and Power Development Authority” by the Wes t Pakistan Water and Power Development
Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated
29.12.1979,s.4.
12Substituted for the words “and hold” by the Pakistan Water and Power Devel opment Authority (Amendment) Act, 1994 (Federal
Act XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.3.
13Substituted by the West Pakistan Water and Power Development Authority (Amendment ) Ordinance, 1967 (XII of 1967); and
published in the Gazette of West Pakistan (Extraordinary), dated 12.12.1967, pages3683-3684, s.2.
(3) Any person ceasing to be the Chairman or Member by reason of the
expiry of the term of his office shall be eligible for re -appointment for another term or for
such shorter term as the Government may decide.
(4) The Chairman or any Member may at any time resign; provided that his
resignation shall not take effect until accepted by the Government.
5. Remuneration and conditions of service. – The Chairman and each Member
shall receive such salary and allowances and be subject to such conditions of service
as may be prescribed by the Government, and shall perform such duties as are
assigned to them under this Act or by any Regulation framed under it.
6. Removal of Chairman or Members. – The Government may by notif ication
remove the Chairman or any member–
(a) if he refuses or fails to discharge or becomes in the opinion of the
Government, incapable of discharging, his responsibilities under this Act;
or
(b) if he has been declared insolvent; or
(c) if he has been d eclared to be disqualified for employment in, or has been
dismissed from the service of Pakistan, or has been convicted of an
offence involving moral turpitude; or
(d) if he has knowingly acquired or continued to hold without the permission in
writing of the Government, directly or indirectly or through a partner, any
share or interest in any contract or employment with or by or on behalf of
the Authority, or in any land or property which, in his knowledge, is likely to
benefit or has benefitted as a result of the operation of the Authority.
7. Meetings of the Authority.– (1) The Authority shall meet at such time and place
and in such manner, as may be prescribed by Regulations:
Provided that until Regulations are made in this behalf, such meetings shall b e
convened by the Chairman.
(2) The Chairman, or in his absence a Member authorised by him, and one
other Member shall be present to constitute a quorum at a meeting of the Authority.
CHAPTER III
POWERS AND DUTIES OF THE AUTHORITY
8. General powers and du ties of the Authority and framing of schemes. – (1)
The Authority shall prepare, for the approval of the Government, a comprehensive plan
for the development and utilization of the water and power resources of
14
[Pakistan] on a
unified and multi-purpose basis.
14Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the
Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
(2) The Authority may frame a scheme or schemes for
15
[a Province] or any
part thereof providing for all or any of the following matters, namely–
(i) irrigation, water -supply and drainage; and recreational use of water
resources;
(ii) the generation, tr ansmission and distribution of power; and the
construction, maintenance and operation of power houses and grids;
(iii) flood control;
(iv) the prevention of waterlogging and reclamation of waterlogged and salted
lands;
(v) inland navigation;
16
[*]
(vi) the prevention of any ill -effects on public health resulting from the
operations of the Authority
17
[; and]
18
19
[(vii) Privatise or otherwise restructure any operation of the Authority except the
hydel generating power stations and the National Transmission Grid.]
(3) Every scheme prepared by the Authority under sub -section (2) shall be
submitted for approval to the Government with the following information:–
(i) a description of the scheme and the manner of its execution;
(ii) an estimate of costs and benefits; t he allocation of costs to the various
purposes to be served by the scheme and the amounts to be repaid by the
beneficiaries; and
(iii) a statement of the proposals by the Authority for the resettlement or re -
housing of persons likely to be displaced by the execution of the scheme.
(4) The Government may sanction or may refuse to sanction, or may return
for reconsideration any scheme submitted to it under this section, or may call for such
further details or information about the scheme, or may direct such further examination
of the scheme as it may consider necessary.
20
[(5) Where a scheme is sanctioned by the Government under sub -section (4),
the Authority may–
(a) undertake any joint venture or work in association with the Provincial
Government, an agency , corporation, company, authority or any person
and may subscribe to the equities and acquire such other rights and
obligations as may be necessary for such joint venture or association;
15Substituted ibid., for “the Province”.
16The word “and” omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4.
17Semi-colon substituted for the “full-stop” and the word “and” added ibid.
18Added ibid.
19Added ibid.
20. Added by the Pakistan Water and Power Development Authority (A mendment) Act, 1994 (Federal Act XIII of 1994); and
published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4.
(b) promote, form or sponsor any company or companies having objects of
installation of thermal and hydel projects and development and utilization
of any resources of energy for generation, transmission and distribution of
power and for survey, investigation, exploitation and utilization of
resources of energy for generation, transmission and distribution of power;
(c) subscribe for, take or otherwise acquire, hold and dispose of shares,
bonds, debentures, commercial papers or other securities of any company
promoted, formed or sponsored under clause (b) and receive dividend s or
other payments therefrom and transfer to it any of its land or any other
property, movable or immovable, tangible or intangible, against cash,
shares, bonds, debentures, commercial papers or other securities as is
desirable or necessary to enable it t o privatise or otherwise restructure
any operation of the Authority;
(d) enter into any of the following arrangements which may be consistent with
its objects, namely:–
(i) provision of services and personnel;
(ii) provision of goods, appliances, plants , m achinery and other
material; and
(iii) purchasing of electrical capacity and energy from any company
specified in clause (b); and
(e) enter into any contract or agreemen t with any company or companies
specified in clause (b).
Explanation.– For the purpose of this section the expression „privatise‟ means the
transfer or disinvestment of any of its assets, property, rights or liabilities, interest,
power houses, grid operation of work, or maintenance thereof, or generation or its
distribution, by the Authori ty, with the prior approval of the Federal Government, for
valuable consideration to any person, company or body on ownership basis or for
management, control, operation or maintenance, either in joint venture or in association
or otherwise and subject to such conditions as the Authority may impose.]
9. Schemes framed by other agencies. – (1) Any scheme framed by an agency in
21
[any Province] other than the Authority, in respect of any of the matters enumerated in
sub-section (2) of section 8, if its estimate d cost exceeds the amount to be prescribed
22
by the Government, shall be submitted to the Government through the Authority and the
Government may pass any of the orders contemplated by sub-section (4) of section 8.
(2) The Authority may, with the approval of the Government undertake the
execution of any scheme, or exercise technical supervision and administrative and
financial control over the execution of any scheme framed or sponsored by any agency
in respect of the matters enumerated in sub-section (2) of section 8.
21Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette
of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
22For notification prescribing amount, see Gazette of West Pakistan, (Extraordinary), dated 13th February, 1959, p. 105.
23
[9-A. Notwithstanding anything contained in this Act , the Authority may, with the
previous approval of the Government, undertake the execution of any scheme framed
or sponsored by a Provincial Government or any agency under the control of a
Provincial Government or exercise technical supervision and administrative and
financial control over the execution thereof on such terms and conditions as may be
agreed to by the Authority on the one hand and the Provincial Government or, as the
case may be, such agency in consultation with the Provincial Government on the other.]
10. Survey and experiments. – The Authority, if it considers this necessary or
expedient for carrying out the purposes of this Act, may–
(a) cause studies, surveys, experiments or technical research to be made; or
(b) contribute towards the cost of any such studies, surveys, experiments or
technical research made by any other agency.
24
[10-A. On and from such date as the Government may, by notification, declare and
subject to such te rms and conditions as it may determine, all assets including lands,
works, machinery, apparatus, material and plants vested in the Government in the
Electricity Department shall vest in the Authority, and all liabilities in respect of the said
assets shall be the liability of the Authority.]
11. Control over waters, power houses and grids. – (1) Subject to the provisions
of any other law for the time being in force, the Authority–
(i) shall have control over the–
(a) underground water resources of any region in
25
[a Province];
(b) operation of
26
[its] power houses and grids, including such ancillary
works as may be considered necessary for their proper operation;
(ii) may make recommendations to the Government for prescribing standards
for the–
(a) operation and maintenance of all irrigation works;
(b) maintenance of power houses and grids;
(iii) may make recommendations to the Government for promoting
simplification of methods of charge for supplies of electricity and
standardisation of the system of supply;
23Inserted by the West Pakistan W ater and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and
published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213 -214, s.2, and substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages
435-467, see s.2 and Schedule.
24Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and
published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.3.
25Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette
of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
26Substituted for the word “all” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5.
27
[* * * * * * * * * * * * ]
(2) Before the Authority exercises any control under clause (i) of sub -section
(1), the area over which and the extent to which control is intended to be exercised shall
be agreed to and notified by the Government in the official Gazette.
28
[* * * * * * * * * * * * ]
12. Authority to have powers and obligations of licensee under Act IX of 1910. –
The Authority shall, for the purposes of the Electricity Act, 1910
29
, be deemed to be a
licensee and shall have all the pow ers and discharge all the obligations of a licensee
under the said Act:
Provided that nothing in sections 3 to 11, sub -sections (2) and (3) of section 21
and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating
to the duties and obligations of a licensee shall apply to the Authority.
13. Powers regarding certain matters.– (1) The Authority may take such measures
and exercise such powers as it considers necessary or expedient for the carrying out of
the purposes of this Act.
(2) Without prejudice to the generality of the power conferred by the
preceding sections and the provisions of sub -section (1) of this section, the Authority
may for carrying out the purposes of this Act–
(a) undertake any works, incur any expenditure, procure plant, machinery and
materials required for its use and enter into and perform all such contracts
as it may consider necessary or expedient;
(b) acquire by purchase, lease, exchange or otherwise and dispose of by
sale, lease, exchange or otherwise any land or any interest in land;
(c) place wires, poles, wall brackets, stays, apparatus and appliances for the
transmission of electricity , or for the transmission of telegraphic or
telephonic communications necessary for the proper execution of a
scheme;
(d) direct the owners of private lands to–
(i) carry out measures for training of streams;
(ii) undertake anti-erosion operations, including conservation of forests
and re-afforestation;
(e) restrict or prohibit by general or special order the clearing a nd breaking up
of land in the catchment area of any river;
(f) direct that any work which has been required to be done by any person
under the two preceding clauses, and which remains undone, shall, after
due notice to such person and consideration of any objection raised by
27Clauses (iv) and (v) omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5.
28Sub-section (3) omitted ibid.
29Act IX of 1910.
him, be executed by the Authority and specify the proportion in which the
risk and expense of such work shall be borne by such person, or by any
other person who, after being given a reasonable notice and after such
inquiry as the Authority considers necessary, is held by the Authority to be
responsible for the execution of such work in whole or in part; and
(g) seek and obtain advice and assistance in preparation or execution of a
scheme from any local body or agency of the Government, and such local
body or agency shall give the advice and assistance sought by the
Authority to the best of its ability, knowledge and judgement:
Provided that the Authority shall pay the cost of such advice and assistance if the
giving of such advice and as sistance entails additional expenditure to the local body or
the agency.
(3) The acquisition of any land or any interest in land for the Authority under
this section, or for any scheme under this Act, shall be deemed to be an acquisition for
a public purp ose within the meaning of the Land Acquisition Act, 1894
30
, and the
provisions of the said Act shall apply to all such proceedings.
14. Right of entry. – (1) The Chairman or any person authorised by him in writing,
may enter upon and survey any land, erect pillars for the determination of intended lines
of works, make borings and excavations and do all other acts which may be necessary
for the preparation of any scheme:
Provided that when the affected land does not vest in the Authority, the power
conferred by this sub -section shall be exercised in such manner as to cause the least
interference with, and the least damage to, the rights of the owner thereof.
(2) When any person enters into or upon any land in pursuance of sub -
section (1), he shall, at the time of entering or as soon thereafter as may be practicable,
pay or tender payment for all necessary damage to be done as aforesaid, and in case of
dispute as to the sufficiency of the amount so paid or tendered, the dispute shall be
referred to the Deputy Commissioner of the district whose decision shall be final.
15. Sanction of the Government.– A scheme framed and sanctioned under this Act
may be amended or modified by the Authority at any time, but if a material change is
made in the scheme, previous sanction of the Government shall be obtained.
Explanation.– An increase in the cost of the scheme by more than fifteen per cent of
the sanctioned cost, or a change in the benefit and cost ratio which either makes the
cost component in the ratio exceed the bene fits or reduces the benefits component by
more than fifteen per cent shall be deemed to be a material change for the purpose of
this section.
16. Arrangements with local body or other agency. – (1) As soon as any scheme
has been carried out by the Authority or at a later date, the Authority may arrange by a
written agreement with a local body or other agency within whose jurisdiction any
30I of 1894.
particular area covered by the scheme lies, to take over and maintain any of the works
and services in that area. If the A uthority fails to obtain the assent of such a local body
or other agency, it may refer the matter to the
31
[Provincial Government] and the
32
[Provincial Government] may give such directions to the local body or the other agency
as it may deem fit.
(2) The Government shall have the power to direct the Authority to hand over
any scheme other than a power scheme or the power part of a multi -purpose scheme
carried out by it to any agency of the Government or a local body. In such a case the
Authority shall be en titled to receive credit to the extent of the audited expenditure
incurred by it on that scheme.
CHAPTER IV
ESTABLISHMENT
17. Employment of officers and servants. – (1) The Authority may from time to
time employ such officers and servants, or appoint such e xperts or consultants, as it
may consider necessary for the performance of its functions, on such terms and
conditions as it may deem fit:
33
[Provided that all persons serving in connection with the affairs of
34
[a Province]
in the Electricity and Irrigation Department shall be liable to serve under the Authority, if
required to do so by the
35
[Provincial Government] on such terms and conditions as the
36
[Provincial Government] may, in consultation with the Authority, determine but shall not
be entitled to any deputation allowance:
Provided further that the
37
[Provincial Government] may, in relation to any such
person as aforesaid, delegate such administrative, disciplinary and financial powers to
the Authority as the
38
[Provincial Government] may deem fit:
Provided also that the terms and conditions of service of any such person as
aforesaid shall not be varied by the Authority to his disadvantage.]
39
[(1-A) Notwithstanding anything contained in sub -section (1) or any rules made,
or orders or instructions issue d, by the Authority, or in the terms and conditions of
service of any person employed by, or serving under the Authority may, at any time,
31Substituted for the words “Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette
of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
32Ibid.
33Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and
published in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.4.
34Substituted, for the words “the Province”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette
of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
35Substituted, ibid for “Government”.
36Ibid.
37Ibid.
38Ibid.
39Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975); and published
in the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2.
retire or remove from its service any person
40
[after informing him in writing of the
grounds on which such action is proposed to be taken and giving him an opportunity of
showing cause in writing against the action, within a period of fourteen days].]
41
[Explanation I .– For the purpose of this sub -section, any person employed by or
serving under the Authority includes a p erson referred to in the provisos to sub -section
(1).
Explanation II .– Any person referred to in the provisos to sub -section (1) who is
removed or retired from service by the Authority under this sub -section shall stand
reverted to the Province to which he is allocated under the Province of West Pakistan
(Dissolution) Order, 1970 (P.O. No.1 of 1970).]
42
[(1-B) Service under the Authority is hereby declared to be service of Pakistan
and every person holding a post under the Authority, not being a person who is on
deputation to the Authority from any Province, shall be deemed to be a civil servant for
the purposes of the Service Tribunals Act, 1973 (LXX of 1973).]
43
[(1-C) Any order of removal or termination of service passed by the Authority,
in exercise of the powers conferred by sub -section (1-A), shall not be called in question
in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of
1969), or the Essential Services (Maintenance) Act, 1952 (LIII of 1952), or under any
law for the time being in force, before any Court, Tribunal or Commission and any order
passed by any Court, Tribunal or Commission after the thirtieth day of September,
1975, and before the coming into force
44
of the West Pakistan Water and Power
Development Authority (Amendment) Ordinance, 1979, setting aside or modifying or
declaring any order of the Authority to be void and of no effect, shall stand vacated.]
45
[(1-D) Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of
1969), shall apply to or in relation to any person employed as a member of the security
staff of the Authority for the protection of the installations and establishments of the
Authority.]
(2) The Chairman, in case of urgency, may appoint such officers and servants
on such terms and conditions as may be necessary:
Provided that every appointment made under this sub -section shall be reported
to the Authority without unreasonable delay.
40Substituted for the words “without assigning any reason, after giving him not less than thirty days‟ notice or pay for the period by which
such notice falls short of thirty days” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of
1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.6.
41Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979) ; and
published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.6.
42Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975) ; and published
in the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2.
43Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and
published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.7.
44It came into force on 29th December, 1979.
45Added by the Pakistan Water and Power Development Authority (Amendment) Ordinance, 1983 (Federal Ordinance XIII of 1983);
and published in the Gazette of Pakistan (Extraordinary), dated 25.5.1983, pages 93-94, s.2.
(3)
46
[* * * * * * * * * * * ]
18. Recruitment and conditions of service and disciplinary pow ers.– The
Authority shall prescribe the procedure for appointment, and terms and conditions of
service of its officers and servants, and shall be competent to take disciplinary action
against its officers and servants.
19. Immunity of the Authority and its employees.– (1) The Chairman, Members,
officers and servants of the Authority shall, when acting or purporting to act in
pursuance of any of the provisions of this Act, be deemed to be public servants within
the meaning of section 21 of the Pakistan Penal Code
47
.
(2) No suit, prosecution or other legal proceedings shall lie against the
Authority, the Chairman, Members or officers and servants of the Authority in respect of
anything done or intended to be done, in good faith under this Act.
20. Delegation o f powers to Chairman, etc. – The Authority may by general or
special order delegate to the Chairman, a Member, or officer of the Authority, any of its
powers, duties or functions under this Act subject to such conditions as it may think fit to
impose.
CHAPTER V
REPORTS AND STATEMENTS
21. Submission of yearly reports and returns, etc. – (1) The Authority shall submit
to the Government, as soon as possible after the end of every financial year but before
the last day of
48
[September] next following, a report on the conduct of its affairs for that
year.
(2) A copy of the report mentioned in sub -section (1), together with a copy of
the audit report referred to in section 28 shall be placed by the Government before
49
[the
National Assembly]
50
[,]
51
[and
52
[the National Assembly] shall refer the same to its
Committee on public Accounts for scrutiny and examination.]
46Deleted by the West Pakistan Statutory Bodies (Appointment and Removal of Legal Advisors) Ordina nce, 1965 (XXXII of 1965).
The subsection originally inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1964
(XX of 1964); and published in the Gazette of West Pakistan (Extraordinary), dated 27.11.1964, pages 10363-10364, s.2.
47XLV of 1860
48Substituted for the word “June” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1960 (XII
of 1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.2.
49Substituted, for the words “Provincial Assembly of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975)
; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
50Substituted, for the full-stop, by the West Pakistan Water and Power Development Authority (Amendment) Act, 1967 (XIII of 1967);
and published in the Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.2.
51Inserted ibid.
52Substituted, for the words “Provincial Assembly” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in
the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
53
[(2-A) The Committee on Public Accounts shall scrutinise and examine the
reports referred to it under sub -section (2) in the same manner as, and shall in r espect
thereof, perform the same functions and exercise the same powers as are required by it
to be performed and exercised in respect of appropriation accounts of the
54
[Federal
Government] and the report of the
55
[Auditor-General] of Pakistan thereon.]
(3) The Government may require the Authority to furnish it with–
(i) any return, statement, estimate, statistics or other information regarding
any matter under the control of the Authority, or
(ii) a report on any such matter, or
(iii) a copy of any docume nt in the charge of the Authority, and the Authority
shall comply with every such requisition.
CHAPTER VI
FINANCE
22. Authority Fund.– (1) There shall be a fund to be known as the “Authority Fund”
vested in the Authority which shall be utilised by the Auth ority to meet charges in
connection with its functions under this Act including the payment of salaries and other
remunerations to the Chairman and Members of the Authority and to its officers and
servants.
(2) The Authority Fund shall consist of–
(a) grants made by the Government;
(b) loans obtained from the Government;
(c) grants made by local bodies as required by the Government;
56
[(d) sale proceeds of bonds, debentures, commercial papers or other
securities issued by the Authority;]
57
[(dd) all sums, di vidends, shares, bonds, debentures, comme rcial papers,
securities or any other payments received from a company or companies
specified in clause (b) of sub-section (5) of section 8;]
(e) loans obtained by the Authority with the special or general sanction of the
Government;
(f) foreign aid and loans obtained from the International Bank of
Reconstruction and Development or otherwise, with the sanction
58
[and
53Inserted by the West Pakistan Water and Power Development Aut hority (Amendment) Act, 1967 (XIII of 1967) ; and published in
the Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.3.
54Substituted for the words “ Provincial Government” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and
published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
55Substituted ibid., for “Comptroller and Auditor-General”.
56Substituted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and
published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.7.
57Added ibid.
58Inserted ibid.
under the guarantee] of, and on such terms and conditions as may be
approved by the Government; and
(g) all other sums received by the Authority.
23. Authority to be deemed to be a local authority. –
59
[(1)] The Authority shall be
deemed to be a local authority under the Local Authorities Loans Act, 1914
60
, for the
purpose of borrowing money under the said Ac t, and the making and execution of any
scheme under this Act shall be deemed to be a work which such Authority is legally
authorised to carry out.
61
[(2) Any sum due to the Authority shall be recoverable as arrears of land
revenues.]
24. Limited liability.– The liability of the Government to the creditors of the Authority
shall be limited to the extent of grants made by the Government and the loans raised by
the Authority with the sanction of the Government.
25. Rates for sale of power.– (1) The Authority shall ordinarily sell power in bulk.
(2) The rates at which the Authority shall sell power shall be so fixed as to
provide for meeting the operating costs, interest charges and depreciation of assets , the
redemption at due time of loans other than those co vered by depreciation, the payment
of any taxes and a reasonable return on investment.
26. Maintenance of accounts.– The Authority shall maintain complete and accurate
books of accounts in such form as may be prescribed by it:
Provided that separate accou nts shall be maintained for all schemes and
transactions relating to power.
27. Annual statement of accounts. – In the month of
62
[January] each year the
Authority shall submit to the Government for approval a statement of the estimated
receipts and expenditure in respect of the next financial year.
28. Audit.– The accounts of the Authority shall be audited every year by the
63
[Auditor-General] of Pakistan in such manner as may be prescribed by the
Government. Copies of the audit report shall be sent to the Au thority, and, with the
comments of the Authority, to the Government and shall also be available for public
inspection. The Authority shall carry out any directive issued by the Government for
rectification of an audit objection.
59Section 23, re-numbered as 23(1) ibid., s.8.
60IX of 1914.
61Added by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published
in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.8.
62Substituted, for “October”, by the West Pakistan Water and Power Development Authority (Amendment) Ord inance, 1960 (XII of
1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.3.
63Substituted, for the words “Comptroller and Auditor-General”, by the Federal Adaptation of La ws Order, 1975 (P.O. 4 of 1975) ;
and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule.
CHAPTER VII
REGULATIONS
29. Regulations.– For the purpose of carrying into effect the provisions of this Act,
the Authority may, with the approval of the Government, frame such Regulations as it
may consider necessary or expedient.
30. Repeal.– The West Pakistan Water and Power Deve lopment Authority
Ordinance, 1958
64
, is hereby repealed.
64West Pakistan Ord. VIII of 1958.This law in the library
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ct, unless there is anything repugnant in the subject or context– (i) “Authority” means the 8 [Pakistan Water and Power Development Authority] established under section 3 of this Act; 1For statement of objects and reasons, see Gazette of West Pakistan (Extraordinary), dated 26th March, 1958, pp. 411-412. This Act was passed by
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d Power Development Authority; (iii) “controlled station” means a power generating station declared as a controlled station under clause (iv) of sub-section (1) of section 11; (iv) “Government” means the 9 [Federal Government]; (v) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (vi) “local body” mea
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ther agencies. – (1) Any scheme framed by an agency in 21 [any Province] other than the Authority, in respect of any of the matters enumerated in sub-section (2) of section 8, if its estimate d cost exceeds the amount to be prescribed 22 by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of
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22 by the Government, shall be submitted to the Government through the Authority and the Government may pass any of the orders contemplated by sub-section (4) of section 8. (2) The Authority may, with the approval of the Government undertake the execution of any scheme, or exercise technical supervision and administrative and financial control over the execution of any scheme framed or spons
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nd administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub-section (2) of section 8. 21Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette of Pakistan (Extraor
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all have all the pow ers and discharge all the obligations of a licensee under the said Act: Provided that nothing in sections 3 to 11, sub -sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Authority. 13. Powers regarding certain matters.– (1) The Authority m
Section 28
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eport on the conduct of its affairs for that year. (2) A copy of the report mentioned in sub -section (1), together with a copy of the audit report referred to in section 28 shall be placed by the Government before 49 [the National Assembly] 50 [,] 51 [and 52 [the National Assembly] shall refer the same to its Committee on public Accounts for scrutiny and examination.]
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s, shares, bonds, debentures, comme rcial papers, securities or any other payments received from a company or companies specified in clause (b) of sub-section (5) of section 8;] (e) loans obtained by the Authority with the special or general sanction of the Government; (f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or otherwise, with the sanctio
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