{ "schema_version": "qanun-law-text/1", "id": "punjab-code-a8046bdd23692e62", "title": "PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UmcBMlBiUGM-", "version": null, "source_snapshot": "2026-08-06T16:45:30Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "13b8cd4735029cc8e28e4684fa57e5d2fe8d837a125e6a6d58975da33fa1861d", "source_sha256": "13b8cd4735029cc8e28e4684fa57e5d2fe8d837a125e6a6d58975da33fa1861d", "text_version_id": "law:punjab-code-a8046bdd23692e62:sha256:13b8cd4735029cc8e28e4684fa57e5d2fe8d837a125e6a6d58975da33fa1861d", "quality_flags": [], "encoding": "UTF-8", "text": "THE PAKISTAN WATER AND POWER DEVELOPMENT \r\nAUTHORITY ACT, 1958 \r\n(XXXI of 1958) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title and extent. \r\n2. Definitions. \r\nCHAPTER II \r\nCONSTITUTION OF THE AUTHORITY \r\n3. Constitution of the Authority. \r\n4. Appointment and term of office of Chairman and Members. \r\n5. Remuneration and conditions of service. \r\n6. Removal of Chairman or Members. \r\n7. Meetings of the Authority. \r\nCHAPTER III \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n8. General powers and duties of the Authority and framing of schemes. \r\n9. Schemes framed by other agencies. \r\n9-A. ***** \r\n10. Survey and experiments. \r\n10-A. ***** \r\n11. Control over waters, power houses and grids. \r\n12. Authority to have powers and obligations of licensee under Act IX of 1910. \r\n13. Powers regarding certain matters. \r\n14. Right of entry. \r\n15. Sanction of the Government. \r\n16. Arrangements with local body or other agency. \r\nCHAPTER IV \r\nESTABLISHMENT \r\n17. Employment of officers and servants. \r\n18. Recruitment and conditions of service and disciplinary powers. \r\n19. Immunity of the Authority and its employees. \r\n20. Delegation of powers to Chairman, etc. \r\nCHAPTER V \r\nREPORTS AND STATEMENTS \r\n21. Submission of yearly reports and returns, etc. \r\nCHAPTER VI \r\nFINANCE \r\n22. Authority Fund. \r\n23. Authority to be deemed to be a local authority. \r\n24. Limited liability. \r\n25. Rates for sale of power. \r\n26. Maintenance of accounts. \r\n27. Annual statement of accounts. \r\n28. Audit. \r\nCHAPTER VII \r\nREGULATIONS \r\n29. Regulations. \r\n30. Repeal. \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PAKISTAN] WATER AND POWER DEVELOPMENT AUTHORITY ACT, \r\n1958 \r\n(XXXI of 1958) \r\n[24th April, 1958] \r\nAn \r\nAct \r\nto provide for the unified and co-ordinated development of the water and power \r\nresources of \r\n3\r\n[Pakistan]. \r\nPreamble.– WHEREAS it is expedient to provide for the unified and co -ordinated \r\ndevelopment of the water and power resources of \r\n4\r\n[Pakistan]; \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title and extent. – (1) This Act may be called the \r\n5\r\n[Pakistan Water and \r\nPower Development Authority Act, 1958]; \r\n (2) It extends to the whole of \r\n6\r\n[Pakistan except the \r\n7\r\n[Districts] of Karachi.] \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(i) “Authority” means the \r\n8\r\n[Pakistan Water and Power Development Authority] \r\nestablished under section 3 of this Act; \r\n \r\n1For statement of objects and reasons, see Gazette of West Pakistan (Extraordinary), dated 26th March, 1958, pp. 411-412. \r\nThis Act was passed by West Pakistan Assembly on 2nd April, 1958; assented to by the Governor of West Pakistan on 19th April, \r\n1958;and published in the West Pakistan Gazette (Extraordinary), dated 24th April, 1958 pages 689-99. \r\n2Substituted for the words “West Pakistan” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, \r\n1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979, s.2. \r\n3Ibid. \r\n4Ibid. \r\n5Substituted, ibid., s.3, for “West Pakistan Water and Power Development Authority Act, 1958.” \r\n6Substituted for the words “West Pakistan, except [the Karachi Area and the Tribal Areas]”, by the Federal Adaptation of Laws \r\nOrder, 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 \r\nSchedule. The words in crotchets were earlier substituted, for “the Federal Capital and the Special Areas,” by West Pakistan Laws \r\n(Adaptation) Order, 1964. \r\n7Substituted for the words “District” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (F ederal Act \r\nXIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.2. \r\n8Substituted for the words “West Pakistan Water and Power Development Authority” by the West Pakistan Water and Power Development \r\nAuthority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated \r\n29.12.1979,s.4. \r\n(ii) “Chairman” means the Chairman of the Water and Power Development \r\nAuthority; \r\n(iii) “controlled station” means a power generating station declared as a \r\ncontrolled station under clause (iv) of sub-section (1) of section 11; \r\n(iv) “Government” means the \r\n9\r\n[Federal Government]; \r\n(v) “land” includes benefits to arise out of land, and things attached to the \r\nearth or permanently fastened to anything attached to the earth; \r\n(vi) “local body” means any District Board, District Local Board, Municipal \r\nCorporation, Municipal Committee, Municipality, Small Town Committee or \r\nNotified Area Committee; \r\n(vii) “Member” means Member of the Water and Power Development \r\nAuthority; \r\n(viii) “power” includes hydraulic power, electrical energy, steam, gas or any \r\nother power notified as such by the \r\n10\r\n[Government] in the official Gazette; \r\nand \r\n(ix) “Regulations” means Regulations framed under this Act. \r\nCHAPTER II \r\nCONSTITUTION OF THE AUTHORITY \r\n3. Constitution of the Authority. – (1) There shall be established an Authority to \r\nbe known as the \r\n11\r\n[Pakistan Water and Power Development Authority] for carrying out \r\nthe purposes of this Act. \r\n (2) The Authority shall be a body corporate, shall be entitled to acquire \r\n12\r\n[,hold \r\nand dispose of] property, shall have perpetual succession and a common seal and shall \r\nby the said name sue and be sued. \r\n4. Appointment and term of office of Chairman and Members. – \r\n13\r\n[(1) The \r\nAuthority shall consist of a Chairman and not more than three members , appointed by \r\nGovernment.] \r\n (2) The term of office of the Chairman shall be five years and that of a \r\nMember three years. \r\n \r\n9Substituted for the words “Government of the Province of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of \r\n1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n10Substituted, ibid., for “Provincial Government”. \r\n11Substituted for the words “Water and Power Development Authority” by the Wes t Pakistan Water and Power Development \r\nAuthority (Amendment) Ordinance, 1979 (LXXII of 1979); and published in the Gazette of Pakistan (Extraordinary) Part I, dated \r\n29.12.1979,s.4. \r\n12Substituted for the words “and hold” by the Pakistan Water and Power Devel opment Authority (Amendment) Act, 1994 (Federal \r\nAct XIII of 1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.3. \r\n13Substituted by the West Pakistan Water and Power Development Authority (Amendment ) Ordinance, 1967 (XII of 1967); and \r\npublished in the Gazette of West Pakistan (Extraordinary), dated 12.12.1967, pages3683-3684, s.2. \r\n (3) Any person ceasing to be the Chairman or Member by reason of the \r\nexpiry of the term of his office shall be eligible for re -appointment for another term or for \r\nsuch shorter term as the Government may decide. \r\n (4) The Chairman or any Member may at any time resign; provided that his \r\nresignation shall not take effect until accepted by the Government. \r\n5. Remuneration and conditions of service. – The Chairman and each Member \r\nshall receive such salary and allowances and be subject to such conditions of service \r\nas may be prescribed by the Government, and shall perform such duties as are \r\nassigned to them under this Act or by any Regulation framed under it. \r\n6. Removal of Chairman or Members. – The Government may by notif ication \r\nremove the Chairman or any member– \r\n(a) if he refuses or fails to discharge or becomes in the opinion of the \r\nGovernment, incapable of discharging, his responsibilities under this Act; \r\nor \r\n(b) if he has been declared insolvent; or \r\n(c) if he has been d eclared to be disqualified for employment in, or has been \r\ndismissed from the service of Pakistan, or has been convicted of an \r\noffence involving moral turpitude; or \r\n(d) if he has knowingly acquired or continued to hold without the permission in \r\nwriting of the Government, directly or indirectly or through a partner, any \r\nshare or interest in any contract or employment with or by or on behalf of \r\nthe Authority, or in any land or property which, in his knowledge, is likely to \r\nbenefit or has benefitted as a result of the operation of the Authority. \r\n7. Meetings of the Authority.– (1) The Authority shall meet at such time and place \r\nand in such manner, as may be prescribed by Regulations: \r\n Provided that until Regulations are made in this behalf, such meetings shall b e \r\nconvened by the Chairman. \r\n (2) The Chairman, or in his absence a Member authorised by him, and one \r\nother Member shall be present to constitute a quorum at a meeting of the Authority. \r\nCHAPTER III \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n8. General powers and du ties of the Authority and framing of schemes. – (1) \r\nThe Authority shall prepare, for the approval of the Government, a comprehensive plan \r\nfor the development and utilization of the water and power resources of \r\n14\r\n[Pakistan] on a \r\nunified and multi-purpose basis. \r\n \r\n14Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the \r\nGazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n (2) The Authority may frame a scheme or schemes for \r\n15\r\n[a Province] or any \r\npart thereof providing for all or any of the following matters, namely– \r\n(i) irrigation, water -supply and drainage; and recreational use of water \r\nresources; \r\n(ii) the generation, tr ansmission and distribution of power; and the \r\nconstruction, maintenance and operation of power houses and grids; \r\n(iii) flood control; \r\n(iv) the prevention of waterlogging and reclamation of waterlogged and salted \r\nlands; \r\n(v) inland navigation; \r\n16\r\n[*] \r\n(vi) the prevention of any ill -effects on public health resulting from the \r\noperations of the Authority \r\n17\r\n[; and]\r\n18\r\n \r\n19\r\n[(vii) Privatise or otherwise restructure any operation of the Authority except the \r\nhydel generating power stations and the National Transmission Grid.] \r\n(3) Every scheme prepared by the Authority under sub -section (2) shall be \r\nsubmitted for approval to the Government with the following information:– \r\n(i) a description of the scheme and the manner of its execution; \r\n(ii) an estimate of costs and benefits; t he allocation of costs to the various \r\npurposes to be served by the scheme and the amounts to be repaid by the \r\nbeneficiaries; and \r\n(iii) a statement of the proposals by the Authority for the resettlement or re -\r\nhousing of persons likely to be displaced by the execution of the scheme. \r\n (4) The Government may sanction or may refuse to sanction, or may return \r\nfor reconsideration any scheme submitted to it under this section, or may call for such \r\nfurther details or information about the scheme, or may direct such further examination \r\nof the scheme as it may consider necessary. \r\n20\r\n[(5) Where a scheme is sanctioned by the Government under sub -section (4), \r\nthe Authority may– \r\n(a) undertake any joint venture or work in association with the Provincial \r\nGovernment, an agency , corporation, company, authority or any person \r\nand may subscribe to the equities and acquire such other rights and \r\nobligations as may be necessary for such joint venture or association; \r\n \r\n15Substituted ibid., for “the Province”. \r\n16The word “and” omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of \r\n1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4. \r\n17Semi-colon substituted for the “full-stop” and the word “and” added ibid. \r\n18Added ibid. \r\n19Added ibid. \r\n20. Added by the Pakistan Water and Power Development Authority (A mendment) Act, 1994 (Federal Act XIII of 1994); and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.4. \r\n(b) promote, form or sponsor any company or companies having objects of \r\ninstallation of thermal and hydel projects and development and utilization \r\nof any resources of energy for generation, transmission and distribution of \r\npower and for survey, investigation, exploitation and utilization of \r\nresources of energy for generation, transmission and distribution of power; \r\n(c) subscribe for, take or otherwise acquire, hold and dispose of shares, \r\nbonds, debentures, commercial papers or other securities of any company \r\npromoted, formed or sponsored under clause (b) and receive dividend s or \r\nother payments therefrom and transfer to it any of its land or any other \r\nproperty, movable or immovable, tangible or intangible, against cash, \r\nshares, bonds, debentures, commercial papers or other securities as is \r\ndesirable or necessary to enable it t o privatise or otherwise restructure \r\nany operation of the Authority; \r\n(d) enter into any of the following arrangements which may be consistent with \r\nits objects, namely:– \r\n(i) provision of services and personnel; \r\n(ii) provision of goods, appliances, plants , m achinery and other \r\nmaterial; and \r\n(iii) purchasing of electrical capacity and energy from any company \r\nspecified in clause (b); and \r\n(e) enter into any contract or agreemen t with any company or companies \r\nspecified in clause (b). \r\nExplanation.– For the purpose of this section the expression „privatise‟ means the \r\ntransfer or disinvestment of any of its assets, property, rights or liabilities, interest, \r\npower houses, grid operation of work, or maintenance thereof, or generation or its \r\ndistribution, by the Authori ty, with the prior approval of the Federal Government, for \r\nvaluable consideration to any person, company or body on ownership basis or for \r\nmanagement, control, operation or maintenance, either in joint venture or in association \r\nor otherwise and subject to such conditions as the Authority may impose.] \r\n9. Schemes framed by other agencies. – (1) Any scheme framed by an agency in \r\n21\r\n[any Province] other than the Authority, in respect of any of the matters enumerated in \r\nsub-section (2) of section 8, if its estimate d cost exceeds the amount to be prescribed\r\n22\r\n \r\nby the Government, shall be submitted to the Government through the Authority and the \r\nGovernment may pass any of the orders contemplated by sub-section (4) of section 8. \r\n (2) The Authority may, with the approval of the Government undertake the \r\nexecution of any scheme, or exercise technical supervision and administrative and \r\nfinancial control over the execution of any scheme framed or sponsored by any agency \r\nin respect of the matters enumerated in sub-section (2) of section 8. \r\n \r\n21Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette \r\nof Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n22For notification prescribing amount, see Gazette of West Pakistan, (Extraordinary), dated 13th February, 1959, p. 105. \r\n23\r\n[9-A. Notwithstanding anything contained in this Act , the Authority may, with the \r\nprevious approval of the Government, undertake the execution of any scheme framed \r\nor sponsored by a Provincial Government or any agency under the control of a \r\nProvincial Government or exercise technical supervision and administrative and \r\nfinancial control over the execution thereof on such terms and conditions as may be \r\nagreed to by the Authority on the one hand and the Provincial Government or, as the \r\ncase may be, such agency in consultation with the Provincial Government on the other.] \r\n10. Survey and experiments. – The Authority, if it considers this necessary or \r\nexpedient for carrying out the purposes of this Act, may– \r\n(a) cause studies, surveys, experiments or technical research to be made; or \r\n(b) contribute towards the cost of any such studies, surveys, experiments or \r\ntechnical research made by any other agency. \r\n24\r\n[10-A. On and from such date as the Government may, by notification, declare and \r\nsubject to such te rms and conditions as it may determine, all assets including lands, \r\nworks, machinery, apparatus, material and plants vested in the Government in the \r\nElectricity Department shall vest in the Authority, and all liabilities in respect of the said \r\nassets shall be the liability of the Authority.] \r\n11. Control over waters, power houses and grids. – (1) Subject to the provisions \r\nof any other law for the time being in force, the Authority– \r\n(i) shall have control over the– \r\n(a) underground water resources of any region in \r\n25\r\n[a Province]; \r\n(b) operation of \r\n26\r\n[its] power houses and grids, including such ancillary \r\nworks as may be considered necessary for their proper operation; \r\n(ii) may make recommendations to the Government for prescribing standards \r\nfor the– \r\n(a) operation and maintenance of all irrigation works; \r\n(b) maintenance of power houses and grids; \r\n(iii) may make recommendations to the Government for promoting \r\nsimplification of methods of charge for supplies of electricity and \r\nstandardisation of the system of supply; \r\n \r\n23Inserted by the West Pakistan W ater and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and \r\npublished in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213 -214, s.2, and substituted by the Federal \r\nAdaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages \r\n435-467, see s.2 and Schedule. \r\n24Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and \r\npublished in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.3. \r\n25Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette \r\nof Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n26Substituted for the word “all” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of \r\n1994); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5. \r\n27\r\n[* * * * * * * * * * * * ] \r\n (2) Before the Authority exercises any control under clause (i) of sub -section \r\n(1), the area over which and the extent to which control is intended to be exercised shall \r\nbe agreed to and notified by the Government in the official Gazette. \r\n28\r\n[* * * * * * * * * * * * ] \r\n12. Authority to have powers and obligations of licensee under Act IX of 1910. – \r\nThe Authority shall, for the purposes of the Electricity Act, 1910\r\n29\r\n, be deemed to be a \r\nlicensee and shall have all the pow ers and discharge all the obligations of a licensee \r\nunder the said Act: \r\n Provided that nothing in sections 3 to 11, sub -sections (2) and (3) of section 21 \r\nand sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating \r\nto the duties and obligations of a licensee shall apply to the Authority. \r\n13. Powers regarding certain matters.– (1) The Authority may take such measures \r\nand exercise such powers as it considers necessary or expedient for the carrying out of \r\nthe purposes of this Act. \r\n (2) Without prejudice to the generality of the power conferred by the \r\npreceding sections and the provisions of sub -section (1) of this section, the Authority \r\nmay for carrying out the purposes of this Act– \r\n(a) undertake any works, incur any expenditure, procure plant, machinery and \r\nmaterials required for its use and enter into and perform all such contracts \r\nas it may consider necessary or expedient; \r\n(b) acquire by purchase, lease, exchange or otherwise and dispose of by \r\nsale, lease, exchange or otherwise any land or any interest in land; \r\n(c) place wires, poles, wall brackets, stays, apparatus and appliances for the \r\ntransmission of electricity , or for the transmission of telegraphic or \r\ntelephonic communications necessary for the proper execution of a \r\nscheme; \r\n(d) direct the owners of private lands to– \r\n(i) carry out measures for training of streams; \r\n(ii) undertake anti-erosion operations, including conservation of forests \r\nand re-afforestation; \r\n(e) restrict or prohibit by general or special order the clearing a nd breaking up \r\nof land in the catchment area of any river; \r\n(f) direct that any work which has been required to be done by any person \r\nunder the two preceding clauses, and which remains undone, shall, after \r\ndue notice to such person and consideration of any objection raised by \r\n \r\n27Clauses (iv) and (v) omitted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of \r\n1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.5. \r\n28Sub-section (3) omitted ibid. \r\n29Act IX of 1910. \r\nhim, be executed by the Authority and specify the proportion in which the \r\nrisk and expense of such work shall be borne by such person, or by any \r\nother person who, after being given a reasonable notice and after such \r\ninquiry as the Authority considers necessary, is held by the Authority to be \r\nresponsible for the execution of such work in whole or in part; and \r\n(g) seek and obtain advice and assistance in preparation or execution of a \r\nscheme from any local body or agency of the Government, and such local \r\nbody or agency shall give the advice and assistance sought by the \r\nAuthority to the best of its ability, knowledge and judgement: \r\nProvided that the Authority shall pay the cost of such advice and assistance if the \r\ngiving of such advice and as sistance entails additional expenditure to the local body or \r\nthe agency. \r\n (3) The acquisition of any land or any interest in land for the Authority under \r\nthis section, or for any scheme under this Act, shall be deemed to be an acquisition for \r\na public purp ose within the meaning of the Land Acquisition Act, 1894\r\n30\r\n, and the \r\nprovisions of the said Act shall apply to all such proceedings. \r\n14. Right of entry. – (1) The Chairman or any person authorised by him in writing, \r\nmay enter upon and survey any land, erect pillars for the determination of intended lines \r\nof works, make borings and excavations and do all other acts which may be necessary \r\nfor the preparation of any scheme: \r\n Provided that when the affected land does not vest in the Authority, the power \r\nconferred by this sub -section shall be exercised in such manner as to cause the least \r\ninterference with, and the least damage to, the rights of the owner thereof. \r\n (2) When any person enters into or upon any land in pursuance of sub -\r\nsection (1), he shall, at the time of entering or as soon thereafter as may be practicable, \r\npay or tender payment for all necessary damage to be done as aforesaid, and in case of \r\ndispute as to the sufficiency of the amount so paid or tendered, the dispute shall be \r\nreferred to the Deputy Commissioner of the district whose decision shall be final. \r\n15. Sanction of the Government.– A scheme framed and sanctioned under this Act \r\nmay be amended or modified by the Authority at any time, but if a material change is \r\nmade in the scheme, previous sanction of the Government shall be obtained. \r\nExplanation.– An increase in the cost of the scheme by more than fifteen per cent of \r\nthe sanctioned cost, or a change in the benefit and cost ratio which either makes the \r\ncost component in the ratio exceed the bene fits or reduces the benefits component by \r\nmore than fifteen per cent shall be deemed to be a material change for the purpose of \r\nthis section. \r\n16. Arrangements with local body or other agency. – (1) As soon as any scheme \r\nhas been carried out by the Authority or at a later date, the Authority may arrange by a \r\nwritten agreement with a local body or other agency within whose jurisdiction any \r\n \r\n30I of 1894. \r\nparticular area covered by the scheme lies, to take over and maintain any of the works \r\nand services in that area. If the A uthority fails to obtain the assent of such a local body \r\nor other agency, it may refer the matter to the \r\n31\r\n[Provincial Government] and the \r\n32\r\n[Provincial Government] may give such directions to the local body or the other agency \r\nas it may deem fit. \r\n (2) The Government shall have the power to direct the Authority to hand over \r\nany scheme other than a power scheme or the power part of a multi -purpose scheme \r\ncarried out by it to any agency of the Government or a local body. In such a case the \r\nAuthority shall be en titled to receive credit to the extent of the audited expenditure \r\nincurred by it on that scheme. \r\nCHAPTER IV \r\nESTABLISHMENT \r\n17. Employment of officers and servants. – (1) The Authority may from time to \r\ntime employ such officers and servants, or appoint such e xperts or consultants, as it \r\nmay consider necessary for the performance of its functions, on such terms and \r\nconditions as it may deem fit: \r\n \r\n33\r\n[Provided that all persons serving in connection with the affairs of \r\n34\r\n[a Province] \r\nin the Electricity and Irrigation Department shall be liable to serve under the Authority, if \r\nrequired to do so by the \r\n35\r\n[Provincial Government] on such terms and conditions as the \r\n36\r\n[Provincial Government] may, in consultation with the Authority, determine but shall not \r\nbe entitled to any deputation allowance: \r\n Provided further that the \r\n37\r\n[Provincial Government] may, in relation to any such \r\nperson as aforesaid, delegate such administrative, disciplinary and financial powers to \r\nthe Authority as the \r\n38\r\n[Provincial Government] may deem fit: \r\n Provided also that the terms and conditions of service of any such person as \r\naforesaid shall not be varied by the Authority to his disadvantage.] \r\n \r\n39\r\n[(1-A) Notwithstanding anything contained in sub -section (1) or any rules made, \r\nor orders or instructions issue d, by the Authority, or in the terms and conditions of \r\nservice of any person employed by, or serving under the Authority may, at any time, \r\n \r\n31Substituted for the words “Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in the Gazette \r\nof Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n32Ibid. \r\n33Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1959 (XIII of 1959) ; and \r\npublished in the Gazette of West Pakistan (Extraordinary) dated 27.3.1959, pages 213-214, s.4. \r\n34Substituted, for the words “the Province”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and published in the Gazette \r\nof Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n35Substituted, ibid for “Government”. \r\n36Ibid. \r\n37Ibid. \r\n38Ibid. \r\n39Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975); and published \r\nin the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2. \r\nretire or remove from its service any person \r\n40\r\n[after informing him in writing of the \r\ngrounds on which such action is proposed to be taken and giving him an opportunity of \r\nshowing cause in writing against the action, within a period of fourteen days].] \r\n41\r\n[Explanation I .– For the purpose of this sub -section, any person employed by or \r\nserving under the Authority includes a p erson referred to in the provisos to sub -section \r\n(1). \r\nExplanation II .– Any person referred to in the provisos to sub -section (1) who is \r\nremoved or retired from service by the Authority under this sub -section shall stand \r\nreverted to the Province to which he is allocated under the Province of West Pakistan \r\n(Dissolution) Order, 1970 (P.O. No.1 of 1970).] \r\n \r\n42\r\n[(1-B) Service under the Authority is hereby declared to be service of Pakistan \r\nand every person holding a post under the Authority, not being a person who is on \r\ndeputation to the Authority from any Province, shall be deemed to be a civil servant for \r\nthe purposes of the Service Tribunals Act, 1973 (LXX of 1973).] \r\n \r\n43\r\n[(1-C) Any order of removal or termination of service passed by the Authority, \r\nin exercise of the powers conferred by sub -section (1-A), shall not be called in question \r\nin any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of \r\n1969), or the Essential Services (Maintenance) Act, 1952 (LIII of 1952), or under any \r\nlaw for the time being in force, before any Court, Tribunal or Commission and any order \r\npassed by any Court, Tribunal or Commission after the thirtieth day of September, \r\n1975, and before the coming into force\r\n44\r\n of the West Pakistan Water and Power \r\nDevelopment Authority (Amendment) Ordinance, 1979, setting aside or modifying or \r\ndeclaring any order of the Authority to be void and of no effect, shall stand vacated.] \r\n \r\n45\r\n[(1-D) Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of \r\n1969), shall apply to or in relation to any person employed as a member of the security \r\nstaff of the Authority for the protection of the installations and establishments of the \r\nAuthority.] \r\n (2) The Chairman, in case of urgency, may appoint such officers and servants \r\non such terms and conditions as may be necessary: \r\n Provided that every appointment made under this sub -section shall be reported \r\nto the Authority without unreasonable delay. \r\n \r\n40Substituted for the words “without assigning any reason, after giving him not less than thirty days‟ notice or pay for the period by which \r\nsuch notice falls short of thirty days” by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of \r\n1994) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.6. \r\n41Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979) ; and \r\npublished in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.6. \r\n42Inserted by the West Pakistan Water and Power Development Authority (Amendment) Act, 1975 (LXXXIV of 1975) ; and published \r\nin the Gazette of Pakistan (Extraordinary) dated 22.12.1975, pages 617-628, s.2. \r\n43Inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 (LXXII of 1979); and \r\npublished in the Gazette of Pakistan (Extraordinary) Part I, dated 29.12.1979,s.7. \r\n44It came into force on 29th December, 1979. \r\n45Added by the Pakistan Water and Power Development Authority (Amendment) Ordinance, 1983 (Federal Ordinance XIII of 1983); \r\nand published in the Gazette of Pakistan (Extraordinary), dated 25.5.1983, pages 93-94, s.2. \r\n(3) \r\n46\r\n[* * * * * * * * * * * ] \r\n18. Recruitment and conditions of service and disciplinary pow ers.– The \r\nAuthority shall prescribe the procedure for appointment, and terms and conditions of \r\nservice of its officers and servants, and shall be competent to take disciplinary action \r\nagainst its officers and servants. \r\n19. Immunity of the Authority and its employees.– (1) The Chairman, Members, \r\nofficers and servants of the Authority shall, when acting or purporting to act in \r\npursuance of any of the provisions of this Act, be deemed to be public servants within \r\nthe meaning of section 21 of the Pakistan Penal Code\r\n47\r\n. \r\n (2) No suit, prosecution or other legal proceedings shall lie against the \r\nAuthority, the Chairman, Members or officers and servants of the Authority in respect of \r\nanything done or intended to be done, in good faith under this Act. \r\n20. Delegation o f powers to Chairman, etc. – The Authority may by general or \r\nspecial order delegate to the Chairman, a Member, or officer of the Authority, any of its \r\npowers, duties or functions under this Act subject to such conditions as it may think fit to \r\nimpose. \r\nCHAPTER V \r\nREPORTS AND STATEMENTS \r\n21. Submission of yearly reports and returns, etc. – (1) The Authority shall submit \r\nto the Government, as soon as possible after the end of every financial year but before \r\nthe last day of \r\n48\r\n[September] next following, a report on the conduct of its affairs for that \r\nyear. \r\n (2) A copy of the report mentioned in sub -section (1), together with a copy of \r\nthe audit report referred to in section 28 shall be placed by the Government before \r\n49\r\n[the \r\nNational Assembly] \r\n50\r\n[,] \r\n51\r\n[and \r\n52\r\n[the National Assembly] shall refer the same to its \r\nCommittee on public Accounts for scrutiny and examination.] \r\n \r\n46Deleted by the West Pakistan Statutory Bodies (Appointment and Removal of Legal Advisors) Ordina nce, 1965 (XXXII of 1965). \r\nThe subsection originally inserted by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1964 \r\n(XX of 1964); and published in the Gazette of West Pakistan (Extraordinary), dated 27.11.1964, pages 10363-10364, s.2. \r\n47XLV of 1860 \r\n48Substituted for the word “June” by the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1960 (XII \r\nof 1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.2. \r\n49Substituted, for the words “Provincial Assembly of West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) \r\n; and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n50Substituted, for the full-stop, by the West Pakistan Water and Power Development Authority (Amendment) Act, 1967 (XIII of 1967); \r\nand published in the Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.2. \r\n51Inserted ibid. \r\n52Substituted, for the words “Provincial Assembly” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in \r\nthe Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n \r\n53\r\n[(2-A) The Committee on Public Accounts shall scrutinise and examine the \r\nreports referred to it under sub -section (2) in the same manner as, and shall in r espect \r\nthereof, perform the same functions and exercise the same powers as are required by it \r\nto be performed and exercised in respect of appropriation accounts of the \r\n54\r\n[Federal \r\nGovernment] and the report of the \r\n55\r\n[Auditor-General] of Pakistan thereon.] \r\n (3) The Government may require the Authority to furnish it with– \r\n(i) any return, statement, estimate, statistics or other information regarding \r\nany matter under the control of the Authority, or \r\n(ii) a report on any such matter, or \r\n(iii) a copy of any docume nt in the charge of the Authority, and the Authority \r\nshall comply with every such requisition. \r\nCHAPTER VI \r\nFINANCE \r\n22. Authority Fund.– (1) There shall be a fund to be known as the “Authority Fund” \r\nvested in the Authority which shall be utilised by the Auth ority to meet charges in \r\nconnection with its functions under this Act including the payment of salaries and other \r\nremunerations to the Chairman and Members of the Authority and to its officers and \r\nservants. \r\n (2) The Authority Fund shall consist of– \r\n(a) grants made by the Government; \r\n(b) loans obtained from the Government; \r\n(c) grants made by local bodies as required by the Government; \r\n56\r\n[(d) sale proceeds of bonds, debentures, commercial papers or other \r\nsecurities issued by the Authority;] \r\n57\r\n[(dd) all sums, di vidends, shares, bonds, debentures, comme rcial papers, \r\nsecurities or any other payments received from a company or companies \r\nspecified in clause (b) of sub-section (5) of section 8;] \r\n(e) loans obtained by the Authority with the special or general sanction of the \r\nGovernment; \r\n(f) foreign aid and loans obtained from the International Bank of \r\nReconstruction and Development or otherwise, with the sanction \r\n58\r\n[and \r\n \r\n53Inserted by the West Pakistan Water and Power Development Aut hority (Amendment) Act, 1967 (XIII of 1967) ; and published in \r\nthe Gazette of West Pakistan (Extraordinary), dated 29.7.1967, s.3. \r\n54Substituted for the words “ Provincial Government” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ; and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\n55Substituted ibid., for “Comptroller and Auditor-General”. \r\n56Substituted by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.7. \r\n57Added ibid. \r\n58Inserted ibid. \r\nunder the guarantee] of, and on such terms and conditions as may be \r\napproved by the Government; and \r\n(g) all other sums received by the Authority. \r\n23. Authority to be deemed to be a local authority. – \r\n59\r\n[(1)] The Authority shall be \r\ndeemed to be a local authority under the Local Authorities Loans Act, 1914\r\n60\r\n, for the \r\npurpose of borrowing money under the said Ac t, and the making and execution of any \r\nscheme under this Act shall be deemed to be a work which such Authority is legally \r\nauthorised to carry out. \r\n \r\n61\r\n[(2) Any sum due to the Authority shall be recoverable as arrears of land \r\nrevenues.] \r\n24. Limited liability.– The liability of the Government to the creditors of the Authority \r\nshall be limited to the extent of grants made by the Government and the loans raised by \r\nthe Authority with the sanction of the Government. \r\n25. Rates for sale of power.– (1) The Authority shall ordinarily sell power in bulk. \r\n (2) The rates at which the Authority shall sell power shall be so fixed as to \r\nprovide for meeting the operating costs, interest charges and depreciation of assets , the \r\nredemption at due time of loans other than those co vered by depreciation, the payment \r\nof any taxes and a reasonable return on investment. \r\n26. Maintenance of accounts.– The Authority shall maintain complete and accurate \r\nbooks of accounts in such form as may be prescribed by it: \r\n Provided that separate accou nts shall be maintained for all schemes and \r\ntransactions relating to power. \r\n27. Annual statement of accounts. – In the month of \r\n62\r\n[January] each year the \r\nAuthority shall submit to the Government for approval a statement of the estimated \r\nreceipts and expenditure in respect of the next financial year. \r\n28. Audit.– The accounts of the Authority shall be audited every year by the \r\n63\r\n[Auditor-General] of Pakistan in such manner as may be prescribed by the \r\nGovernment. Copies of the audit report shall be sent to the Au thority, and, with the \r\ncomments of the Authority, to the Government and shall also be available for public \r\ninspection. The Authority shall carry out any directive issued by the Government for \r\nrectification of an audit objection. \r\n \r\n59Section 23, re-numbered as 23(1) ibid., s.8. \r\n60IX of 1914. \r\n61Added by the Pakistan Water and Power Development Authority (Amendment) Act, 1994 (Federal Act XIII of 1994); and published \r\nin the Gazette of Pakistan (Extraordinary), dated 6.7.1994, pages 595-598, s.8. \r\n62Substituted, for “October”, by the West Pakistan Water and Power Development Authority (Amendment) Ord inance, 1960 (XII of \r\n1960); and published in the Gazette of West Pakistan (Extraordinary) dated 9.4.1960, pages 1689-1690, s.3. \r\n63Substituted, for the words “Comptroller and Auditor-General”, by the Federal Adaptation of La ws Order, 1975 (P.O. 4 of 1975) ; \r\nand published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 and Schedule. \r\nCHAPTER VII \r\nREGULATIONS \r\n29. Regulations.– For the purpose of carrying into effect the provisions of this Act, \r\nthe Authority may, with the approval of the Government, frame such Regulations as it \r\nmay consider necessary or expedient. \r\n30. Repeal.– The West Pakistan Water and Power Deve lopment Authority \r\nOrdinance, 1958\r\n64\r\n, is hereby repealed. \r\n \r\n64West Pakistan Ord. 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