Updated: Tuesday January 14, 2014/AthThulatha
Rabi' Awwal 13, 1435/Mangalavara
Pausa 24, 1935, at 02:25:13 PM
The Alternative Energy Development Board Ordinance,
2005
ORDINANCE XVII OF 2005
An Ordinance to provide for establishment of
Alternative Energy Development Board
[Gazette of
No.F.2(I)/2005/Pub., dated 27-8-2005.---The following
Ordinance promulgated by the President is hereby published for general
information:---
Whereas it is expedient to provide for the
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 or Renewable Energy Technologies;
And whereas the objective of the Alternative Energy
Development Board is to assist and facilitate 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;
And whereas the National Assembly is not in session
and the President is satisfied that circumstances exist which render it
necessary to take immediate action.
Now, therefore, in exercise of the powers conferred by
clause (1) of Article 89 of the Constitution of the Islamic Republic of
Pakistan, the President is pleased to make and promulgate the following
Ordinance:---
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement --- (1) This
Ordinance may be called the Alternative Energy Development Board Ordinance,
2005.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.---In this Ordinance, unless there is’
anything repugnant in the subject or context,---
(a) “alternative or renewable energy” means energy
that is produced by alternative or renewable resources as compared to the
conventional or that are replenished naturally, which do not deplete when
consumed and are non-polluting and environmental friendly;
(b) “Board” means Alternative Energy Development Board
(AEDB) established under section 3;
(c) “Chairman” means the Chairman of the Board.
(d) “Institute” means
(e) “Member” means member of the Board;
(f) “Organization” means an organization of
alternative and renewable energy established under section 10;
(g) “Prescribed” means prescribed by rules or
regulations made under this Ordinance;
(h) “President” means President of the Islamic
Republic of Pakistan;
(i) “regulations” means the regulations made under
this Ordinance; and
(j) “rules” means the rules made under this Ordinance.
CHAPTER II
ALTERNATIVE ENERGY DEVELOPMENT BOARD
3. Establishment of the Board. --- (1) There shall be
established an Alternative Energy Development Board for carrying out the
purposes and objectives of this Ordinance.
(2) The Board shall be a body corporate having
perpetual succession and a common seal, with powers, subject to the provisions
of this Ordinance, to enter into agreements,’ contracts, acquire and hold property,
both movable and immovable and to sue and be sued in its name.
(3) The head office of the Board shall be at
(4) The Board shall comprise of the Chairman and
members.
4. Chairman of the Board. --- (1) The Chairman shall
be an eminent engineering professional of known integrity, competence and
expertise in handling development projects.
(2) The Chairman shall hold office for a period of
three years extendable for another term of three years.
(3) The Chairman may resign from his office by giving
one month notice by writing under his own hand, addressed to the Federal
Government.
(4) The Chairman shall be the Chief Executive Officer
of the Board.
(5) The age of Chairman shall not be more than
sixty-five years.
5. Terms and conditions of office of Chairman. ---The
Chairman shall be appointed by the Federal Government. The terms and conditions
of the Chairman and his remuneration and privileges shall be such as may be
determined by the Federal Government.
6. Members of the Board.---(1) The composition of the
Board shall be as follows:---
(a) Chairman;
(b) Secretary, Finance Division or his nominee not
below the rank of Additional Secretary or equivalent;
(c) Secretary, Ministry of Water and Power or his
nominee not below the rank of Additional Secretary or equivalent;
(d) Secretary, Planning and Development Division or
his nominee not below the rank of Additional Secretary or equivalent;
(e) Secretary, Ministry, of Petroleum and Natural
Resources or his nominee not below the rank of Additional Secretary or
equivalent;
(f) Secretary, Ministry of Science and Technology or
his nominee not below the rank of Additional Secretary or equivalent;
(g) Secretary, Ministry of Environment or his nominee
not below the rank of Additional, Secretary or equivalent;
(h) Additional Secretary, Cabinet Division; and
(i) Six Members from private sector including two full
time Technical Members who are experts on alternative energy to be nominated by
the Board with the approval of the Prime Minister.
(2) The Secretary of the Board shall be appointed by
the Federal Government on the recommendations of the Board.
(3) The Federal Government may increase or decrease
the number of Members of the Board from time to time as it may consider
appropriate.
(4) The Federal Government may prescribe the
qualifications and mode of appointment of Members from private sector in such
manner as it may consider appropriate.
(5) The Technical Members shall be eminent
professionals in related fields of alternative or renewable energy having known
integrity, reputation and expertise.
(6) The business of the Board shall be conducted as
prescribed.
(7) One half of the total membership of the Board
shall constitute the quorum and in case of equality of votes the Chairman shall
have the casting vote.
(8) In the absence of the Chairman, one of the
Technical Members designated by the Chairman shall preside over the Board
meeting.
7. Terms and conditions of office of Members. --- (1)
A Member, other than an ex officio Member, shall be appointed by the Federal
Government for a period of three years, extendable for another term of three
years on the recommendations of the Board. The terms and conditions of the full
time Members and their remuneration and privileges shall be such as may be
determined by the Federal Government.
(2) A Member, other than ex officio Member, may at any
time resign from his office by giving one-month notice, in writing under his
own hand, addressed to the Federal Government.
(3) The Federal Government may remove any Member,
other than ex officio Member, on grounds of misconduct and physical
incapacitation on the recommendations of the Chairman.
8. Functions of the Board.---The functions of the
Board shall be as under, namely:---
(i) To develop national strategy, policies and plans
for utilization of alternative and renewable energy resources to achieve the
targets approved by the Federal Government in consultation with the Board;
(ii) to act as a forum for evaluating, monitoring and
certification of alternative or renewable energy projects and products;
(iii) to act as a coordinating agency for commercial
application of alternative or renewable technology;
(iv) to facilitate power generation through alternative
or renewable energy resources by,---
(a) acting as one window facility for establishing,
promoting and facilitating alternative or renewable energy projects based on
wind, solar, micro-hydel, fuel cells, tidal, ocean, biogas, biomass etc;
(b) setting up alternative and renewable energy power
pilot projects on it’s own or through joint venture or partnership with public
or private entities in order to create awareness and motivation of the need to
take such initiatives for the benefit of general public as well as by
evaluating concepts and technologies from technical and financial perspective;
(c) conducting feasibility studies and surveys to
identify opportunities for power generation through alternative and renewable
energy resources;
(d) undertaking technical, financial and economic
evaluation of the alternative or renewable energy proposals as well as
providing assistance in filing of required licensing applications and tariff
petitions to National Electric Power Regulatory Authority (NEPRA) established
under the Regulation of Generation, Transmission and Distribution of Electric
Power Act, 1997 (XL of 1997);
(e) interacting and coordinating with national and
international agencies for promotion and development of alternative energy;
(f) assisting the development and implementation of
plans with concerned authorities and Provincial Governments for off-grid
electrification of rural areas; and
(g) making legislative proposals to enforce use and
installation of equipment utilizing renewable energy.
9. Committees of the Board.--(1) The Board may, for
carrying out its functions, constitute such committees, from time to time, as
may be considered appropriate by the Board.
(2) The committees shall conduct their business in
such manner as may be prescribed by the Board.
10. Organization of the Board.---(1) The Board may,
for carrying out its functions for promotion of alternative and renewable
energy, development of alternative and renewable energy technologies,
certification of alternative and renewable energy products and projects and
project management, establish one or more organizations, as it may consider
necessary.
(2) The organization(s) established under subsection
(1) shall be subject to control and supervision of the Board and function
within the framework of this Ordinance.
(3) An organization establish under subsection (1)
shall perform the business as may be prescribed by regulations by the Board.
11. Institute of Alternative and Renewable Energy
Technologies.--(1) The Board may, for carrying out its functions of commercial
application of alternative or renewable energy and corresponding human resource
development in the area of alternative and renewable energy, establish an
Institute of Renewable Energy Technologies.
(2) Institute shall conduct the business in such
manner as may be prescribed by regulations by the Board.
12. Appointment of officers and staff of the Board.---(1)
The Board may appoint such officers, experts, advisors, consultants and members
of staff as it may consider necessary for the efficient performance of its
functions on such terms and conditions as may be prescribed under the rules
made with the prior approval of the Federal Government.
(2) The officers, members of the staff, advisors,
consultants and experts and other persons appointed by the Board shall not be
deemed to be civil servants within the meaning of the Civil Servants Act, 1973
(LXXI of 1973).
(3) The Chairman and non-official Members of the
Board, officers, advisors, consultants, employees and staff of the Board, when
acting or purporting to act under any of the provisions of this Ordinance, or
rules and regulations, shall be deemed to be public servants within the meaning
of section 21 of Pakistan Penal Code, 1860 (Act XLV of 1860).
CHAPTER III
FUND, ACCOUNTS AND AUDIT
13. Alternative. Energy Fund.---(1) There shall be
established a non-lapsable fund vesting in the Board to be known as the “Alternative
Energy Fund” (AEF) for the purpose of meeting expenses in connection with the
functions and operations of the Board, Institute and Organizations under this
Ordinance, including payment of salaries and. other remuneration payable to the
Chairman, Members, members of its staff, experts, consultants, advisors and
other officers and employees of the Board, Institute and the Organizations.
(2) The fund shall consist of:---
(a) funds provided by the Federal Government for
payment of salaries, establishing infrastructure and running the day to day
business of the Board;
(b) loans or grants by the Federal Government or any
Provincial Government or Local Authority;
(c) other loans or funds obtained by the Board;
(d) foreign aid, grants and loans negotiated and
raised, or otherwise obtained, by the Board, through the Economic Affairs
Division;
(e) charges for services or for the provision of any
information or report automated or otherwise to any Government, private or any
other person or entity;
(f) fees and commissions collected by the Board as
prescribed for time to time;
(g) income from movable or immovable property;
(h) funds from floating bonds, shares, debentures,
commercial papers, or other securities issued by the Board or through any other
means; and
(i) all other sums received by the Board;
(3) The Alternative Energy Fund shall be. kept in one
or more accounts maintained by the Board, in local or foreign currency in any
scheduled bank in Pakistan and shall be operated in accordance with the
directions of the Board.
(4) The Government shall fund all administrative,
operational and any other expenses:---
Provided that the responsibility of the Federal
Government to exclusively fund the operations and functions of the Board shall
cease at such appropriate time, when in the opinion of the Federal Government,
the Board shall have become capable of funding its functions and operations
envisaged under this Ordinance to be funded by the Board.
14. Accounts and Audit. ---(1) The Board, Institute
and Organization(s), shall prepare their own budget in respect of each
financial year, in accordance with the prescribed procedure and shall maintain
complete and accurate books of accounts of their actual expenses and receipts
including that of the Alternative Energy Fund.
(2) The accounts of the Board, Institute and
Organization(s) shall be audited by a reputable firm of Chartered Accountants,
who are within the meaning of the Chartered Accountants Ordinance, 1961 (X of
1961) appointed by the Board in consultation with the Auditor-General of
Pakistan, from a panel of Chartered Accountants proposed by the Board on such
remunerations as the Board may determine.
(3) The Auditors appointed under subsection (2) shall
be provided access to the books, accounts and other documents as may be
considered necessary by them for audit of the accounts.
(4) The Auditor-General may conduct external audit of
the Board as per Auditor-General’s (Functions, Powers and Terms and Conditions
of Service) Ordinance, 2001 (XXIII of 2001).
CHAPTER IV
MISCELLANEOUS
15. Delegation of powers. --- (1) The Board may
delegate all or any of its powers and functions to the Chairman or such other
officer of the Board subject to such conditions and limitations, as it may
prescribe.
(2) The Chairman may delegate all or any of his powers
and functions under this Ordinance to any Member or Officer of the Board,
subject to such conditions and limitations as may be prescribed.
16. Issuance of policy directives. ---The Federal
Government may, as and when it considers necessary, issue policy directives to
the Board in respect of its activities and the compliance of such directives
shall be binding on the Board.
17. Annual Report. ---On conclusion of each calendar
year, the Chairman shall submit an annual report to the Federal Government in
respect of all activities of the Board including the status of its existing
programmes, projects and future plans formulated in furtherance of its aims and
objectives.
18. Rules. ---The Federal Government may on the
recommendations of the Board make rules to carry out the purposes of this
Ordinance.
19. Regulations. --- (1) The Board, may make
regulations, not inconsistent with this Ordinance and the rules, to carry out
the purposes of this Ordinance.
(2) Without prejudice to the generality of the
forgoing provisions, the regulations may provide for:---
(a) disciplinary proceedings and award of punishments;
(b) terms and conditions along with remuneration and
privileges etc. for appointment of officers, staff members, experts, advisors
and consultants etc;
(c) prescription of different scales and grades etc.
for the remuneration and privileges of officers, staff members, experts,
advisors and consultants etc. of the Board;
(d) procedure for appointment of members of the
different committees and laying down regulations for the conduct of their
business; and
(e) all or any of the matters, which by this Ordinance
are to be or may be prescribed, by the regulations.
20. Authorities to aid the Board. ---All executive
authorities in the Federation and in the Provinces shall render such assistance
to the Board as may be necessary for the execution of its programmes and
projects being carried out under this Ordinance.
21. Immunity of the Board. ---No suit, prosecution or
other legal proceeding shall lie against the Board, the Chairman, Members,
officers, advisors, consultants and other persons and employees of the Board,
in respect of anything done or intended to be done in good faith under this
Ordinance.
22. Removal of difficulties.---If any difficulty
arises in giving effect to any of the provisions of this Ordinance, the
President may make such order, not inconsistent with the provisions of this
Ordinance, as may appear to be necessary for removing the difficulty.
23. Dissolution of Board.---Upon the commencement of
this Ordinance, the alternative Energy Development Board established vide
Notification No.F.1/7/2003 Adnm.II dated 12th May, 2003, hereinafter referred
to as the former Board, shall stand dissolved and upon such dissolution:---
(1) all assets, rights, powers, authorities and
privileges and property, movable and immovable, 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 subsisting immediately before its dissolution shall stand
transferred to and vest in the Board;
(2) all officers and other employees .of the former
Board shall, notwithstanding anything 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 in accordance with the
terms and conditions of service applicable to them; and no officer or other
employee whose services are so transferred shall be entitled to any
compensation because of such transfer;
(3) 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
(4) all suits and other legal proceedings instituted
by or against the former Board before its dissolution shall be deemed to be
suits and proceedings by or against the Board and may be proceeded or otherwise
dealt with accordingly.
24. Exemption from taxes.---Notwithstanding anything
contained in the Income Tax Ordinance, 2001 (XLIX of 2001) or any other law for
the time being in force relating to income tax, the Board shall not be liable
to pay any such tax on its income, capital profit, wealth, gifts or gains.
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