Updated: Wednesday March 18, 2015/AlArbiaa
Jamada El Oula 28, 1436/Budhavara
Phalguna 27, 1936, at 08:55:30 PM
The Alternative Energy Development Board Act,
2010
No. F. 9 (18)/2010-Legis.- The following Act of Majlis-e-Shoora Parliament) received
the assent of the President on 21st May, 2010, is hereby
Published for general information:
Act No. X I V of 2010
An Act to provide for establishment of Alternative Energy Development Board
WHEREAS it is expedient to provide for establishment of Alternative Energy Development Board (AEDB) as an autonomous body for the purpose of implementation of various policies,
programmes and projects
in the field of Alternative Renewable Energy Technologies;
AND WHEREAS the objective of the Alternative Energy Development Board s to
assist and facilitates development and generation of Alternative or Renewable,
energy in order to achieve
sustainable economic
growth with transfer
of technology for development of an indigenous
technological base through
a diversified energy generation.
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
I . Short title, extent and commencement.- (1 ) This Act may be calle the Al ternati
ve Energy Development Board Act, 2010.
( 2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.- In. this Act unless there is anything
repugnant i n th
subject or context,---
(a) alternative or renewable energy
means energy that is produced
b alternative or renewable
resources as compared
to the conventiona or that are replenished naturally
which do not deplete when consume
and are non-polluti ng and environment friendly;
Board means
Alternati ve Energy Dvelopment Board (AEDB) established under section 3:
(c) Chairman means the Chairman
of the Board;
(d)
Chief Executi ve Officer (CEO) means the Chief Executi ve Office of the Board appoi nted under section 5;
(e)
Chief Secretary_ means Chief Secretary
of a Province;
(f)
Fund means the Alternative Energy Fund (AEF) established unde section 13;
(g)
Institl!te means
I nsti
tute of Alternati ve and Renewable Energy Technologies established under section 11;
(h)
Member means Member of the Board;
( i ) organization means an organization of alternative and renewable energy
establ ished under section 10;
Al
(j)
(k) (I) (m)
(n)
THE GAZETTE OF PA KISTA
N. EXTR A.. MAY 25, 2010 409
prescribed means prescri
bed by rules or regulations made under this Act;
President means President of the Islamic
Republic of Pakistan;
Prime Minister means
Prime Minister of the Islamic
Republic of Pakistan;
Provincial Secretary means a Secretary of a Provi ncial Government; regu lations means the regulations made under this Act; and
(o) rules means the rules made u nder this Act.
CHAPTER II
A
LTERNATIVE ENERG Y DEVELOPMENT BOARD
3.
Establishment of the Board.-(!) There shall be established an ltcrnati ve Energy Development Board for carrying out the purposes
and objectives f this Act.
(2) The Board shall be a body corporate havi ng perpetual
succession and com mon seal, wi th administrative and financial powers,
subject to the provisions f this Act, to enter .into agreements, contracts, acquire and hold property,
both oveable and immoveable and to sue and be sued i n its name.
(3)
The head office of the Board
shall be at
iay set u p sub-offices at such place or places
as it may deem
necessary.
(4)
The Board shall consist of the Chai rman and Members.
4.
Chairman of the Board.-The
Chai rman of the Alternative Energy evclopment Board shall be appoi nted by the Federal Govern ment on such terms nd
conditions as may be determined by the Federal
Government.
5.
Terms and
conditions of office
of the Chief Executive Officer
CEO).-(! )The
Chief Executive Officer
shall be appointed by the Federal overn ment and the terms and conditions of the Chief Executive Officer,
his emuneration and privileges shall be such as may be determi
ned by the Federal
overnment.
(
2) The Chief Executi ve Officer shall be an eminen t engineeri
ng rofessional of known integrity, competence and expertise
i n handling Alternati ve ncrgy
development projects.
410 THE GAZETTE OF PA KISTAN,
EXTRA., MAY 25, 2010 IPA\
(3)
The Chief Executive
Officer may resign from his office by giving on n1nnth notice, by writi
ng under his
own hand, addressed to the Federal
Govern1nen . The age of Chief Executi
ve Officer shall not be more than si xty five years.
(4)
The Chief Executi
ve Officer will be answerable
to the Board for al admi nistrati ve, financial and technical matters
of the Board. The Board may delegat such administrative and financial powers to the Chief Executi ve Officer for carryi n out day to day affairs of the Board.
6.
Members
of the Board,-( I ) The composi tion of the Board sha he as follows:-
(a) Chairman;
(
h ) Se.:retary, Finance
Di vision or his nom inee not below the rank o · Add itional Secretary or equ i valent;
(
c) Secretary, Mi nistry of Water and Power or h is nomi nee not bel ow th rank
of Additional Secretary or equ ivalent:
(cl)
Secretary, Planning and Development Division
or h is nominee not belo
the rank of Additional Secretary
or equivalent;
(e)
Secretary, Mi nistry
of Petroleum and Natural Resources
or his nomine not below the rank of Additional Secretary
or equivalent:
(f)
Secretary, Mi nistry
of Science and Technology or his nomi nee no below
the rank of Additional Secretary
or equivalent:
(g)
Secretary, Mi nistry
of Envi ron ment or hi s nomi nee not below the ran of
Add itional Secretary
or equi valent:
(
h ) Six Members from pri vate
sector, of whom at least three shall b experts on alternative energy.
<.L<.;
full-ti1nc Men1bers to be appointe
by the
Pri me Mi nister on the recom mendat ions of t he Board;
(i)
Chief Secretaries of. the govern men ts of Ba l och i stan, Kh y be Pakhtunkhwa,
Ul The Chief Executive Officer of the AEDB.
(2)
The Secretary of the Board shall
be
appoi n ted
by
the
Federa
Government on the recommendations of the Board.
PART ( j THE GAZETTE OF PAKISTA N, EXTR A., M AY 25,
2010 411
(3)
The Federal Govern
ment may increase or decrease the number of embers of
the Board from time to time as i t may consider
appropriate.
(4)
The Federal Government may prescri be the qualifications and mode
)r appoint1nent of Me1nbers from pri vale secLor in such 1nanner as i t may consider
1ppropriate.
(5)
The business
of the Board shall be conducted as prescri bed.
(6)
One-half of the total mem bersh ip of the Board shall consti tute the iuoru m and i n case of equality of votes the Chairman shall have
the casting vote.
(7)
In the absence
of the Chairman. a Member
designated by the Chairman
hall preside over the Board meeting.
7.
Terms and
conditions of office
of Members.--(!) A Member. 1ther
than an ex officio
Member, shall be appointed by the Federal Government for peri od of three years, extendable
for another term of three years.
(2 ) A Member. other than ex of ficio Member. may at any time resign
ron1 hi
s office by giving one months notice. in writing
under his own hand, addressed o the Federal (Jovernment.
(3) The Federal
Govern men t
may
remove
any
Mem ber, other than
x of/icio Mem ber, on grou nds of miscond
uct and physical incapacitation.
8.
Functions of the Board. -The functions of the Board shall be
o\ lowi iig, na1nely:-
(a)
to develop
national strategy, policies
and plans for utilization of alternative and renewable energy
resources to achieve
the targets approved by the Federal Govern ment i n consultation with the Board;
(b)
to
act as a forum for evaluati ng, moni tori
ng and certification of alternati
ve or renewable energy projects
and prod ucts;
( c
) lo act as
a coordinating agency for com1ncrcial application of alternative
or renewable
technology; and
(d)
to faci l i tate energy
generation through alternati ve or renewable energy
resources by,
(i)
) acting as one window
facil i ty for establ
ishing, promoti ng and facilitati ng ·alternati ve or renewable
energy projects based on wind. solar,
micro-hydel, fuel cells,
tidal, ocean, biogas,
biomass, etc;
412 THE GAZETTE OF PA KISTAN, EXTR
A., MAY 25, 2010 [PARl I
(ii) seuing up alternative and renewable
energy projects on its ow or
through joint venture
or paitnership with publ ic or private
entitie. in order to create awareness and motivation of the need to tak
such i n i tiatives for the benefi t of general
puhl ic as well as b evaluati ng concepts and technologies from
technical and financia perspecti ve;
(iii)
) conducti ng feasibility studies
and surveys to identify
opprntuniti e. for power generation and other applications
through alternati
v and renewable
energy resources;
(iv)
undertaking technical, financial and economic
evaluation of th alternati ve or renewable
energy proposals as well as providi n assistance in fil ing of requi red l icensi ng applications and tarif petitions
to National Electric Power
Regulatory A uthori t (NEPR
A ) establ ished u nder
the
Regu lation of Generation Transmission and Distri bution
of Electric Power Act,
1997 (X of 1997);
(v)
i nteracti ng and co-ordi nati ng wi th national and internationa
agencies for promotion and
development of alternati ve energy
( vi ) assisting the developn1en t and i1nplementation of
plans w it concerned authorities and prov incial
governments and specia
areas for off-grid electrification of rural areas; and
( vi i) mak ing legislat ive proposals
to enforce
use and installation o
equi p1nent
uti li zing renewable energy.
9. Committees of Board.-( l ) The
Board may, for carryi ng out i t functions, constitute such committees, from tin1e to
ti1ne, as
may be considere appropriate by the
Board.
(2) The committees shall conduct their
business i n such manner as ma
be prcscri
bed by the Board.
I0. Organization of the Board.-( 1) The Board may, for carry ing o
i ts fu ncti ons for promotion
of alternative and renewable
energy, development o alternat i ve and renewable energy
tech nologies, certification of alternati ve an
renewabl e energy products and projects and project management may establish on or 1norc organizations as i
t 1nay consider necessary.
( 2) The organ ization
established under sub-sect
i on ( l ) shall be subject t con
trol and supervision of the Board and shall fu nction
wi thi n the framework
of thi Act.
·
ltcrnative or renewable energy and corresponding hutnan resource develop1nent in
t c area of a lternati
ve and renewable energy, establish an Insti tute of Renewable
tlL.rgy fcchnologics.
(2) The Institute shall
conduct the busi ness i n such manner as may be 1 rescri bed by regu lations by the Board.
I]. Appointment of officers and staff of the Board.-(1 ) The
Board ay appoint such officers, experts,
advisors, consul tants and members of staff as i t iay consider necessary
for the. efficient perfonnance of its functions
on such terms
·
nd conditions as may be prescri bed.
(2) The officers,
members of the staff. advisors,
consul tants and experts
nd other persons appointed by the Board shall
not be civil servants
wi thin the can i ng of the Civil
Servants Act, 1973 (LXXI of 1973).
(3) The Chai rman and non-official Members of the Board, officers, 1Ch·i sors.
consultants, employees and staff of the Board when acting or purporti ng to 1ct u nder any of the provisions of this Act, or rules
and regulations, shall be deemed o
be public servants
withi n the mean ing of sect ion 21 of Pakistan
Penal Code (Act
CHA PTER Il l
FUND, ACCOUNTS
AND AUDIT
13. Alternative Energy
Fund.-( I ) There shall be established a non apsable fund vesting i n the Board to be known as the Alternative Energy Fund or the purpose of meeting
expenses in connection with the functions and operations
>f the Board, Institute, Projects and Organ izations under this Act, including payment
>f salaries and other remuneration payable
to the CEO, Members, members
of its
·taff. experts,
consuliants, advisors and other oflicers
and employees of the Board,
Institute and
the Organizations.
( 2) The fund shall consist
of,-
(
a ) fonds provided by the Federal
Govern ment for pay ment of salaries. establishing i nfrastructure and ru nn ing the day to day business
of the Board:
( b) loans or grants
by
the Federal Govern
men t or any Prov
i nc i <!I
Government or local authori
ty;
(c) other loans or funds
obtai ned by the Board;
(d) (e) foreign aid, grants
and loans negotiated and raised,
or otherwis obtained
by the Board, directl y or through
the Economic
Affai Division;
charges for services or for the prov ision of any i nformation or repo automated or otherwise to any government, private or any other perso or
entity:
(f) fees and com m issions col lected by the
Board as prescribed from ti m
to time;
(g)
income from the sale of moveable or i m moveable
property;
(h)
funds from floating bonds, shares,
debentu res, commercial
papers, or other securi
ties issued by the Board or through
any other means;
(i)
) all other sums recei ved or earned by the Board; and i
!
Gl income fro1n
investments; receipts. I I
(3) The Al ternati ve Energy Fund shall
be kept i n one or more accou n t1 rnaintaincd by the Board, in local or
foreign currency in any commercial bank i Pak
istan and shall be operated
i n accordance wi th the directions of the Board.
(4)
l
The Federal Government shall fund al l ad m i nistrati ve, operational an
anv other ex penses:
I
Provided that the responsibil i ty of the Federal Govern ment t<
exclusi vely fund the operations and functions of the Board shall ceas
at such appropriate time when in the opinion of the Federal
Govemmen the Board shall have become
capable of fundi ng its functions
an operations envisaged
under th is Act to be funded by the Board;
14. Accounts and audit,-( I ) The Board, Institute and Organizations.I
shall prepare thei r o.n budget in respect
of each financial year,
i n
accordance with the presc ri bed proced
ure and shall
mai ntai n <:omplete and accurate books
of accounts of t hei r actual expenses, and recei pts i ncl udi ng that of the Al ternati ve Energy Fund.
( 2) The accounts of the Board,
I nstit ute
and Organi zations,
shall be audited
hY a repu tabl
e firm of Chartered Accoun tants, who are, withi n the meaning of t he I
I
.bartered Accountants Ordinance,
1961 (X of 1 961), appoi nted by the Board in
·onsultation wi
t)1 the Auditor-General of Pak istan,
from a panel of chartered tccountants proposed by the Board on such terms and condi tions as the Board may etennine.
(3)
The Auditors appointed under sub-section (2) shall be provided access o
the books, accounts
and other documents as may be considered necessary by hem for audit of the accounts.
(4)
The Auditor-General may conduct each year external
audit of the Board as per Audi tor Generals
(Functions, Powers and Terms and Conditions of Service)
Ordi nance, 2001 (XXIII of 2001 ).
CHA PTER IV
MISCELLA
15.
Delegation of powers.-(!) The Board may delegate all or any of
its powers and functions to the Chief Executi ve Officer (CEO) subject to such
condit ions and limitations, as it may prescribe.
(2) The Board may delegate
all or any of its powers and functions under this Act to any Member or Officer of the Board,
subject to such conditions and limitations, as may be prescribed,
16.
Issuarn;e of policy directives.-The Federal Government may, as
and when i t considers necessary, issue policy
directives to the Board.
in respect of its acti
vi ties and the compl iance
of such directives shall be binding
on the Board.
17.
Annual report.-On conclusion
of each financial year, the Chief
Executi ve Officer shall submit an annual report to the Federal
Government in respect of all activities
of the Board includi ng the status
of its existi ng programmes, projects and future plans formulated in furtherance of its aims and objecti ves and the Federal
Govern ment shall cause a copy of the report to be presented i n the Committees of the National Assembly
and Senate and to be laid before the Parliament.
18.
Power to make rules.-The Federal
Govern ment may, on the recommendations of the Board.
make rules to carry out the purposes
of this Act.
19.
Power to make regulations.-( I ) The Board, may make regulations, not inconsistent with this Act and the rules, to carry out the purposes
of this Act.
(2) Without prejudice
to the generality of the forgoing provisions, the
regulations may provide for.-
416 THE GAZETTE OF PAKISTA N, EXTRA., MAY 25, 2010 [PART I
(a)
) disci plinary proceedi
ngs and award
of punishments;
(b)
terms and conditions alongwi th rem uneration and pri vileges.
etc. appoi ntmen ts of officers, staff mem bers, experts,
advisors and consultants etc;
(c)
prescription of d_ifferent
scales and grades etc. for the remuneration and pri vileges of officers, staff mem bers, experts, advisors
and consultants of the Board:
(d)
procedure for appointment of members of different committees and laying down regulations for the conduct
of their busi ness; and
(e)
all or any of the matters
which by this
Act C1rc to be or may be prescribed
by the regulations.
20.
Authorities to aid the Board.-A
ll executive authorities in the Federat
ion and i n the Provi nces shall render such assistance
to the Board as may be
necessary for the execution of i ts program mes and projects
bei ng carried out under t
h is Act.
21.
Indemnity of the Board.-No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman,
the Chief Executive Officer
(CEO), the Members,
professionals, officers, advisprs.
consultants, and other persons
and employees of the Board, in respect of anythi ng done or intended
to be done i n good faith under this Act.
22.
Removal of difficulties.-lf any difficulty arises in giving effect to any of the provisions of this Act, the President may make such order. not inconsistent
wi th the provisions o_f th is Act, as may appear to be necessary for removi ng the
difficulty.
23.
Dissolution of Board.-Upon the
commencement of this Act, the A l tern a t i ve E n ergy Devel opmen t
Board
establ i shed vid
e Not i ficat i on Nu. F. 1/7/2003-Admn II, dated 12th May 2003, hereinafter referred
to as the former Board. shall stand dissolved and upon such dissolution.-
(a)
all assets,
rights, powers, authori
ties and privileges and property, moveable and immoveable, cash and bank balance. reserve
funds, investments and all other interests
and rights in, or arising
out of such property and all debts, liabilities and obligations of whatever kind of
the former Board subsisti ng im mediately before its dissolution shall stand transferred to and vest i n the Board;
417
(b)
all officers and other em ployees of t he former Board shall, notwithstandi ng anythi ng contained in any law or in any agreement, deed, document or other instrument. stand transferred to the Board and shall be deemed
to have been appointed or engaged by the Board i n accorda΅ce with the terms and condi tions of service applicable
to
t hem; and no officer
or other employee whose services
are so transferred shall be entitled to any com pensation because
of such transfer;
(c)
all debts and obligations incurred or contracts entered
into or rights acquired and all
matters and things engaged to be done by, with or for the
former Board before its dissolution shall be deemed
to have been incurred, entered into, acquired or engaged to be done by, with or for the
Board; and
(d)
all suits and other legal
proceedings instituted by or against
the former Board before
its dissolution shall
he deemed to be suits
and proceedings by or against the Board and may be proceeded or otherwise dealt with accordingly.
24.
Exemption from taxes.-Notwi thstandi ng anything contained in the
come Tax Ordinance, 2001 (XLIX of 200 I) or any other Jaw for the time being
inrrecrcbting to income tax, the Board shall not he liable to pay any such
tax on its
1 conic, i nvestment,
capital profit, wealth,
gi fts or gains.
RAJA MUHAMMAD AMIN,
Secretary
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