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  "title": "PUNJAB SAAF PANI AUTHORITY ACT 2024",
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  "text": "THE PUNJAB SAAF PANI AUTHORITY ACT 2024 \r\n(IX of 2024) \r\n \r\nCONTENTS \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Re-constitution of the Authority \r\n4. Functions and powers of the Authority \r\n5. Meetings of the Authority \r\n6. Chairperson \r\n7. Chief Executive Officer \r\n8. Registration and licensing of drinking water filtrations, purification plants \r\nand facilities \r\n9. Transfer of public sector drinking water filtrations, purification plants and \r\nfacilities to the Authority \r\n10. Appointment of advisors and consultants \r\n11. Committees \r\n12. Appointments in the Authority \r\n13. Immunity \r\n14. Fund \r\n15. Budget, audit and accounts \r\n16. Appointment of Inspectors \r\n17. Penalties \r\n18. Cognizance of offences and trial \r\n19. Bar of jurisdiction \r\n20. Act to have overriding effect \r\n21. Annual report \r\n22. Power to make rules \r\n23. Power to frame regulations \r\n24. Transfer and vesting of assets and liabilities \r\n25. Removal of difficulties \r\n26. Repeal and savings \r\n \r\n \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB SAAF PANI AUTHORITY ACT 2024 \r\n(IX of 2024) \r\n[17 October 2024] \r\nAn \r\nAct \r\nto provide for establishment of the Punjab Saaf Pani Authority. \r\nIt is necessary to re -constitute the Punjab Aab -e-Pak Authority as the Punjab  Saaf \r\nPani Authority to ensure the availability of safe drinking water for the  people in the \r\nPunjab and the matters connected therewith and ancillary thereto. \r\n Be it enacted by the Provincial Assembly of the Punjab as follows:  \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the \r\nPunjab Saaf Pani Authority Act 2024.  \r\n(2) It shall extend to the whole of the Punjab.  \r\n(3) It shall come into force at once. \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Saaf Pani Authority Act 2024;  \r\n(b) “Authority” means the Punjab Saaf Pani  Authority re-constituted under \r\nsection 3 of the Act; \r\n(c) “Chairman” means the Chairman of the Authority; \r\n(d) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); \r\n(e) “employee” means an employee of the Authority; \r\n(f) “facilities” m eans the premises, installation , equipment, storage, \r\npackaging, static or mobile, piped or otherwise supply n etwork, material \r\nregistered and licensed under the Act; \r\n(g) “Fund” means the Fund of the Authority provided under the Act; \r\n(h) “Government” means the Government of the Punjab; \r\n(i) “local government” means a local government established under the l aw \r\nfor the time being in force; \r\n(j) “member” means the member of the Authority;  \r\n(k) “prescribed” means prescribed by the rules or the regulations; \r\n(l) “province” means the province of the Punjab; \r\n(m) “regulations” means the regulations framed under the Act; and  \r\n(n) “rules” means the rules made under the Act.  \r\n3. Re-constitution of the Authority .– (1) On the commencement of th e Act, the \r\nPunjab Aab -e-Pak Authority established under the Punjab Aab -e-Pak Authority Act \r\n2019 (XII of 2019) shall stand re-constituted as the Punjab Saaf Pani Authority. \r\n                                            \r\n1This Act was passed by Provincial Assembly of the Punjab on 11 October 2024; and was assented to by Governor of the Punjab \r\non 16 October 2024; and was published in the Punjab Gazette (Extraordinary), dated: 17 October 2024, pp.1093-1100. \r\n(2) The Authority shall be a body corporate, with perpetual succession and \r\na common seal, with powers, subject to the provisions of th e Act, to acquire and hold \r\nproperty, both movable and immovable, and may, by the said name, sue and be sued.  \r\n(3) The Authority shall not dispose of its immovable property without prior \r\napproval of the Government. \r\n(4) The Authority shall comprise of: \r\n(a) a person to be appointed as Chairperson by the \r\nGovernment. Chairperson \r\n(b) Secretary to the Government, Planning and \r\nDevelopment Board. Member \r\n(c) Secretary to the Government, Finance \r\nDepartment. Member \r\n(d) Secretary to the Government, Housing, Urban \r\nDevelopment and Public Health Engineering \r\nDepartment. Member \r\n(e) Secretary to the Government, Local Government \r\nand Community Development Department. Member \r\n(f) Chief Executive Officer. Secretary/Member \r\n(g) three non-official members to be appointed by the \r\nGovernment. Members \r\n(5) The non -official members, as provided under clause (g) of sub -section \r\n(4), shall hold office for a period of three years and shall be eligible for re -appointment \r\nfor another term.  \r\n(6) A non-official member may resi gn by writing under his hand addressed \r\nto the Government through the Authority.  \r\n(7) The Government may remove a non -official member without assigning \r\nany reason.  \r\n(8) A non -official member shall cease to hold office if he absents himself \r\nfrom three consecutive meetings of the Authority. \r\n(9) No act or proceedings of the Authority shall be invalid because of any \r\nvacancy or defect in its constitution. \r\n4. Functions and powers of the Authority.– (1) The Authority shall:  \r\n(a) provide safe drinking water to the people in the Punjab at suitable \r\ndispensing points; \r\n(b) undertake or engage in such activities as are necessary for sustainable, \r\nefficient and affordable safe drinking water; \r\n(c) conduct surveys, studies and research  for provision of safe drinking \r\nwater; \r\n(d) devise strategy, plan and actionable parameters for the survey of water \r\ncontamination and for the provisi on of safe drinking water by  installation \r\nof water filtration and purification plants; \r\n(e) reduce, suspend or disconnect the water supply in the event of \r\ncontravention of the pr ovisions of the Act or the rules or regulations \r\nmade thereunder subject to affording an opportunity of hearing; \r\n(f) design, fabricate, construct, install, build, commission, test, operate and \r\nmaintain or cause to design, fabricate, construct, install, build, \r\ncommission, test, operate and maintain schemes and water filtra tion \r\nplants for drinking water; \r\n(g) develop or cause to develop infrastructure as needed to provide drinking \r\nwater, including setting up of bottling plants and testing laboratories; \r\n(h) educate and invo lve the community in the development of filtration \r\nplants and water supply schemes to devise suitable arrangements for \r\nimproving access to safe drinking water; \r\n(i) carry  out  improvements, management, administration, supervision, \r\nexecution and control of work s and projects for  providing safe drinking \r\nwater; \r\n(j) devise and develop a model of designing, supervising, monitoring and \r\nevaluating the execution of safe drinking water projects and thei r quality \r\nassurance system; \r\n(k) increase participation in international coll aborative projects relating safe \r\ndrinking water; \r\n(l) register and issue license to the drinking water filtrations, purification \r\nplants and facilities for provision of safe drinking water; \r\n(m) maintain or cause to maintain a record including an electronic database \r\nof all registrations, licenses, inspections, and matters  related or ancillary \r\nthereto; \r\n(n) prescribe standards for safe drinking water; \r\n(o) provide drinking water-related sanitation services; \r\n(p) impose, collect and enforce rates, fees and other charges regarding the \r\nservices provided by it with the approval of the Government; \r\n(q) regulate drinking water filtrations, purification plants and facilities , \r\nwhether public or private;  \r\n(r) establish training institute relating to its functions and their regulation, \r\ngovernance and administration; and \r\n(s) any other function as may be assigned by the Government.  \r\n(2) Without prejudice to the foregoing functions, t he Authority may also \r\nperform the following functions:  \r\n(a) liaise on, coordinate and co -work with duly registered  companies, \r\nbodies, associations, societies, corporations, authorities, agencies, \r\ntrusts, charities, organizations, institutes, whether in Pakistan or \r\nelsewhere, engaged in safe drinking water activities; \r\n(b) aid and benevolent charitable, national or other ins titutions which are \r\nengaged in providing safe drinking water and which, in the opinion of the \r\nAuthority, warrant support; \r\n(c) sale of safe drinking water subject to such fee and in the manners as \r\nmay be prescribed; \r\n(d) organize conferences, audio -visual programs or prepare, print, publish, \r\nbroadcast and issue or cause to prepare, print, publish, broadcast and \r\nissue papers, surveys, journals, magazines, periodical reports, arti cles, \r\nbulletins, short message service, newsletters, materials, graphics, \r\nstatistics, advisories for circulation and communication, through any \r\nappropriate means, including electronic means, for information, \r\nguidance, awareness, and education of the general public; \r\n(e) provide a platform for research and development regarding the provision \r\nof safe drinking water; \r\n(f) prepare or cause to prepare databank, spatial data infrastructure, and \r\ndisruptive technologies’ model for the transparency and optimization of \r\nservice delivery in the discharge of its functions under the Act; \r\n(g) execute specific drinking water supply projects of the Government or the \r\nconcerned local governments; and \r\n(h) capacity building of its human resource  and partners to carry o ut its \r\nfunctions under the Act. \r\n5. Meetings of the Authority.– (1) The meetings of the Authority shall be held at \r\nits head office situated in Lahore or at any other place as the Chairperson may decide.  \r\n(2) The meetings of the Authority shall be presided over by the Chairperson \r\nand i n his absence , it shall be presided over by the member nominated by the \r\nChairperson and if so not possible then by a member elected by the members present \r\nat a meeting.   \r\n(3) Five members of the total members present or through video-link or tele-\r\nconference, shall constitute the quorum for the meetings of the Authority.  \r\n(4) Subject to the quorum, the decisions of the Authority shall be taken by a \r\nmajority of the members present and voting and in case of tie, the Chairperson or the \r\nmember presiding over the meeting, as the case may be, shall have a casting vote.  \r\n(5) The Secretary of the Authority shall maintain or cause to be maintained \r\nthe record of each meeting of the Authority, including the minutes of the meetings.   \r\n6. Chairperson.– (1) The Chairperson of the Authority shall be appointed by the \r\nGovernment on such terms and conditions as may be determined by it.   \r\n(2) The Chairperson  shall hold office for a non -extendable period of three \r\nyears from the date of his appointment and shall not be eligible for re-appointment.  \r\n(3) Subject to the provisions of th e Act, the Chairperson shall perform such \r\nfunctions as may be entrusted to him by the Authority.   \r\n(4) The Government may remove the Chair person without assigning any \r\nreason subject to serving one months’ notice or one month’s salary in lieu thereof. \r\n(5) The Chairperson may resign by writing under his hand and addressed to \r\nthe Government subject to serving one months’ notice or one month’s salary in l ieu \r\nthereof. \r\n7. Chief Executive Officer .– (1) There shall be a Chief Executive Officer of the \r\nAuthority who shall be appointed , on the recommendation of the Authority,  by the \r\nGovernment on such terms and conditions as may be determined by the Government.  \r\n(2) The Chief Executive Officer shall have the general and active \r\nmanagement of the business of the Authority and shall see that all orders and \r\nresolutions of the Authority are carried into effect.  \r\n(3) The Chief Executive Officer may, after approval of the Authority, execute \r\ncontracts, deeds, and other instruments on behalf of the Authority  in accordance with \r\nthe prevailing financial rules of the Government of the Punjab.  \r\n(4) The Chief Executive Officer shall also exercise such powers and perform \r\nsuch functions as may be prescribed by regulations or assigned by the Authority.  \r\n(5) In addition to the powers and functions mentioned in sub -sections (2), \r\n(3) and (4), the Chief Executive Officer shall:  \r\n(a) prepare and submit to the Authority a strategic plan for the operation, \r\nmanagement and functioning of the Authority and annual updates of the \r\nplan concerning the major functions and operations of the Authority;  \r\n(b) prepare and submit to the Authority proposals with respect to such \r\ngrants and allotments, contracts, other financial assistance, and \r\ndesignation of positions as are necessary or appropriate to carry out t he \r\npurposes of the Act; \r\n(c) after receiving an approved proposal from the Authority, make such \r\ngrants and allotments, enter into such contracts, award such other \r\nfinancial assistance, make such payments in lump sum or installments, \r\nand in advance or by way of reimbursement, and in the case of financial \r\nassistance otherwise authorized under the Act with necessary \r\nadjustments on account of overpayments and underpayments, and \r\ndesignate such positions as are necessary or appropriate to carry out \r\nthe effective functioning of the Authority; \r\n(d) prepare and submit to the Authority a proposal regarding, the regulations \r\nand such other standards, policies, procedures, programs, and initiatives \r\nas are necessary or appropriate for management and operations of the \r\nAuthority, and after receiving and reviewing of an approved proposal \r\nshall establish and administer such standards, policies, procedures a nd \r\nprograms as may be approved; \r\n(e) prepare and submit to the Authority an annual report on actions taken to \r\nachieve the goal s of the authority under the Act, including an \r\nassessment of the progress made toward achieving those goals and the \r\nactions to be taken in the coming year toward achieving those goal; and \r\n(f) prepare and submit to the Authority an annual report, and such interim \r\nreports as may be necessary, describing the major actions with respect \r\nto the officers of the Authority, and with respect to implemented \r\nstandards, policies, procedures, programs, and initiatives. \r\n8. Registration and licensing of drinking water filtrations, purification plants \r\nand facilities.– (1) The Authority may register and issue licenses for private drinking \r\nwater filtrations, purification plants and facilities for such a fee, as may be approved by \r\nthe Government , to ensure the provision of safe drinking water  in suc h manner as \r\nmay be prescribed by the Authority. \r\n(2) A water filtration, purification plant and facility  registered and licensed \r\nunder sub-section (1) shall c omply with the prescribed national and provincial water \r\nquality standards of safe drinking. \r\n9. Transfer of public sector drinking water filtrations, purification plants and \r\nfacilities to the Authority .- On the commencement of the Act, all public sector \r\ndrinking water filtrations, purification plants and facilities owned by the Government, \r\nlocal government, public sector company or any entity owned or controlled by the \r\nGovernment shall stand transferred to the Authority. \r\n10. Appointment of advisors and consultants.– The Authority may employ  \r\nqualified advisors and consultants to transact any business or to do any act required \r\nto be transacted or done in the exercise of powers or performance  of its functions \r\nunder the Act on such terms and conditions as may be approved by the Authority. \r\n11. Committees.– (1) The Authority may constitute such committees as may be \r\nnecessary for efficiently discharging its duties and performing its functions under the \r\nAct. \r\n(2) The members of the Authority shall not be the members of the \r\ncommittee constituted under sub-section (1). \r\n12. Appointments in the Authority.– (1) The Authority may appoint such officers \r\nand other employees as it may deem fit for the performance of its functions under th e \r\nAct, on such terms and conditions as may be prescribed by the Government. \r\n(2) The Government, if considered expedient, may make rules prescribing, \r\nservice structure, welfare, training, regularization, pension and other matters \r\nconnected therewith and ancillary thereto regarding the officers and other employees \r\nof the Authority. \r\n(3) In case of grant of pension to the officers and other employees of the \r\nAuthority, it shall be borne by the Authority. \r\n(4) The Authority shall review the performance of its officers and other \r\nemployees every year  and may grant such increments and bonuses to them as may \r\nbe approved in the Authority's annual budget. \r\n13. Immunity.– (1) No suit or prosecution shall lie:  \r\n(a) against the Authority f or any act which , in good faith , is done  or \r\npurported to be done by the Authority under the Act; or  \r\n(b) against the Chair person, a member of the Authority, officer,  and other \r\nemployee of the Authority for any act which , in good faith , is done or \r\npurported to be done by him under the Act.  \r\n(2) Any expense incurred by such person as is referred to in sub -section (1) \r\nin any suit or prosecution brought against him before any court in respect of any act \r\nwhich is done by him under the Act or  on the direction of the Authority shall, if the \r\nCourt holds that the act was done in good faith, be paid out of the funds of the \r\nAuthority.  \r\n14. Fund.– (1) There shall be  a Fund to be known as the Punjab Saaf Pani  \r\nAuthority Fund which shall be administered and controlled by the Authority.  \r\n(2) The Fund shall consist of:  \r\n(a) budgetary releases from the Government;  \r\n(b) grants made by the Federal Government, the Government or any other \r\nauthority or agency, including internation al or national agencies, \r\ndevelopment partners and donors;  \r\n(c) all such sums of money as may be determined from time to time by the \r\nGovernment;  \r\n(d) all such sums of money as may be received by the Authority in the \r\nexercise, discharge and performance of its powers, functions and \r\nduties, including fees and penalties or any other sum received under \r\nthe Act;  \r\n(e) fee received through sale of safe drinking water;  \r\n(f) donations, if received from Pakistanis, including expatriate Pakistanis;  \r\n(g) any profits earned by the Authority; and \r\n(h) income from any other source.  \r\n(3) The Fund shall be kept in such custody, utilized and regulated in such \r\nmanner as may be prescribed by the Government.  \r\n(4) There shall be paid out of the Fund, all such sums of money required to \r\ndefray the expenditure incurred by the Authority in the exercise, discharge and \r\nperformance of its powers, functions and duties. \r\n15. Budget, audit and accounts.– (1) The Authority shall prepare, in such form \r\nand at such time in each financial year, as may be prescribed, its budget for the next \r\nfinancial year, showing the estimated receipts and expenditure of the Authority.  \r\n(2) The Authority shall cause its accounts to  be kept in such form and \r\nmanner as may be prescribed by the Government.  \r\n(3) The books of accounts of the Authority shall be kept at the head office of \r\nthe Authority.  \r\n(4) In addition to the requirement of the Government, the Authority shall also \r\nhave its annual audit done by an independent chartered accountant to be appointed \r\nby the Authority.  \r\n16. Appointment of Inspectors.– (1) The Authority may appoint or designate as \r\nmany Inspectors as may be necessary to carry out the purposes of the Act. \r\n(2) An Inspector shall have such qualifications and experience as may be \r\nprescribed, but a person who has any financial interest in any matter regulated under \r\nthe Act shall not be appointed or designated as the Inspector. \r\n(3) The Inspectors shall perform such duties as may be assigned to it by the \r\nAuthority.  \r\n17. Penalties.– (1) A person in charge of a registered and  licensed drinking water \r\nfiltration, purification plant or  facility who contravenes any provision of the Act, the \r\nrules, the regulations or any order made under the Act by the Authority or any \r\ndirection issued by the Government, shall, on conviction, be sentenced to \r\nimprisonment for a term which may extend to one  year or with fine which may extend \r\nto two hundred thousand rupees or with both.  \r\n(2) A person who t ampers with or damages any drinking water filtration  \r\nplant or purification plant or facility owned by the Authority shall, on conviction, be \r\nsentenced to imprisonment for a term which may extend to one year or with a fine \r\nwhich may extend to two hundred thousand rupees or with both.  \r\n(3) If a drinking water filtration, purification plant and facility  which \r\ncontravenes any of the provisions of the Act is a company, every director, manager, \r\nsecretary or other officer or agent of such company shall be deemed guilty of such \r\ncontravention.  \r\n18. Cognizance of offences and trial.– (1) An offence under the Act shall  be \r\ncognizable and bailable.  \r\n(2) Notwithstanding anything contained in any other law for the time being in \r\nforce, an offence under the Act shall be triable by the Magistrate of the First Class  in \r\nthe manners provided in Chapter XXII of the Code.  \r\n \r\n19. Bar of jurisdiction.– No order made in exercise of any power conferred by or \r\nunder the Act shall be called in question in any Court e xcept in the manner s as may \r\nbe prescribed by the Government.  \r\n20. Act to have overriding effect .– The provisions of the Act shall have effect \r\nnotwithstanding anything contrary contained in any other law for the time being in \r\nforce.  \r\n21. Annual report.– (1) The Authority shall submit an annual report of its activities \r\nto the Government at the end of each financial year.  \r\n(2) The Governmen t shall lay the annual report of the Authority in the \r\nProvincial Assembly of the Punjab within ninety days of its receipt from the Authority.  \r\n22. Power to make rules .– Subject to the provisions of th e Act, the Government \r\nmay make rules for carrying out the purposes of the Act.   \r\n23. Power to frame regulations .– Subject to the provisions of th e Act and the \r\nrules made thereunder, the Authority may make regulations as may be necessary for \r\ncarrying out the purposes of the Act.  \r\n24. Transfer and vesting of assets and liabilities .– Any entity or authority of the \r\nGovernment or any company of the Government, having similar objects as that of the \r\nAuthority, may, by adopting the method provided by its constituent law or articles of \r\nassociation, transfer its asset s and assign its liabilities to the Authority, wholly or \r\npartially, which shall, upon acceptance by the Authority, vest in the Authority. \r\n25. Removal of difficulties.– If any difficulty arises in giving effect to any provision \r\nof the Act, Government may make such order, not inconsistent with the provisions of \r\nthe Act, as may appear to it to be necessary for the purpose of removing such \r\ndifficulty.  \r\n26. Repeal and savings .– (1) The Punjab Aab -e-Pak Authority Act 2019 (XII of \r\n2019) is hereby repealed. \r\n(2) On the commencement of the Act, all schemes, projects, or works \r\nstarted by the Punjab Aab -e-Pak Authority under the  repealed Punjab Aab -e-Pak \r\nAuthority Act 2019 (XII of 2019) but not completed, shall stand transferred to  the \r\nAuthority and be executed under the provisions of the Act.  \r\n(3) Notwithstanding the repeal of the Punjab Aab -e-Pak Authority Act 2019 \r\n(XII of 2019), all rules, regulations, appointments and orders made, notifications \r\nissued, land acquired, schemes prepared or executed, rates and fees impose d, \r\npenalties or other charges levied, contracts entered into, bank accounts opened or \r\nfixed deposits made, suits instituted by or against the Punjab Aab -e-Pak Authority or \r\nany other right accrued, or liability incurred or action taken or proceedings initia ted, \r\nshall, so far as they are consistent with the provisions of th e Act, continue in force and \r\nbe deemed to have been made, imposed, levied, entered into, opened, instituted, \r\nprepared, executed, accrued or incurred, taken and initiated by the Authority under the \r\nAct. \r\n_______",
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