Updated: Thursday June 16, 2016/AlKhamis
Ramadan 11, 1437/Bruhaspathivara
Jyaistha 26, 1938, at 06:21:42 PM
The
ACT No. XXII OF 1992
An Act to provide for the establishment of
the Indus River System Authority
WHEREAS it is expedient to
establish the Indus River System Authority for regulating and monitoring the
distribution of water sources of Indus River in accordance with the water
accord amongst the Provinces and to provide for matters connected therewith and
ancillary thereto;
It is hereby enacted as
follows:---
CHAPTER I
PARLIAMINARY
1. Short title, extent
and commencement.— (1)
This Act may be called the Indus River System Authority Act, 1992.
(2) It shall come into
force at once.
2. Definitions. In this Act,
unless there is anything repugnant in the subject or context,---
(a) “Authority” means the Indus River System Authority
established under section 3;
(b) “Chairman” means the Chairman of the Authority;
(c) “member” means a member of the Authority;
(d) “prescribed” means prescribed by rules
made under this Act;
(e) “rules” means rules made under this Act;
and
(f) “Water Accord” means the agreement
entitled "Apportionment of the Water of the Indus River System Between the
Provinces" signed by the Provinces on the sixteenth day of March 1991, and
approved by the Council of common Interest on the twenty-first day of March,
1991.
CHAPTER II
AUTHORITY AND ITS FUNCTIONS
3. Constitution of the
Authority.—(1) As soon as
may be after the commencement of this Act, the Federal Government shall, by a
notification in the official Gazette, establish an authority to be known as the
Indus River System Authority for carrying out the purposes of this Act.
(2) The Authority shall be
a body corporate having perpetual succession and a common seal with power
subject to provisions of this Act to a acquire and hold property, both
moveable and immovable, and shall sue and he sued by the name assigned to it
under sub-section (I).
4. Appointment and terms
of office of Chairman and members.—(1) The Authority shall consist of five members, one each to be
nominated by each Province and the Federal Government from amongst high-ranking
engineers in irrigation or related engineering fields.
(2) The first Chairman
shall be the member nominated by the Government of Balochistan to be followed
by the nominees of the Government of North-West Frontier Province,
(3) The term of office of
the Chairman shall be one year and that of a member three years.
(4) Any member shall be
eligible for re-appointment for one or more term or for such shorter term as
the Provincial Government or, as the case may be, the Federal Government may
decide.
(5)The Chairman and any
member may, by writing under his hand, addressed to the Secretary to the
Government of Pakistan, Water and Power Division, resign from his office:---
Provided that the
resignation shall not take effect until it is accepted by the Federal
Government.
(6) In the absence of the
Chairman, the member next due for appointment as Chairman shall act as the
Chairman.
(7) In the absence of a
member representing a Province, the Secretary, Irrigation Department of the
Province shall represent that Province.
(8) In the absence of
member nominated by the Federal Government the Chief Engineering Adviser or his
nominee shall represent the Federal Government.
(9) The Chairman of the
Water and Power Development Authority and Chief Engineering Adviser or their
nominees shall be ex-officio members of the Authority, but they shall have no
right to vote.
5. Remuneration and
conditions of service. The
Chairman and every member shall receive such salary and allowances and be
subject to such conditions of service as may be prescribed and shall perform
such duties and functions as arc assigned to them under this Act or by rules.
6. Removal of Chairman
or Members. The
Federal Government may, by notification in the official Gazette, after
providing an opportunity of being heard and in consultation with the Provincial
Government concerned, remove the Chairman or any member, where,---
(a) he refuses or tails to discharge or, in the opinion of the
Federal Government, becomes incapable of discharging his responsibilities;
(b) he is declared insolvent by a competent court; or
(c) he is declared to be disqualified for employment in, or has
been dismissed from, the service of
7. Meetings of the
Authority.—(1) The
Authority shall meet at least once in every month at such time and in such manner
as may be specified by regulartions:
Provided that until
regulations are made in this behalf, such meetings shall be convened by the
Chairman as he deems necessary.
(2) The Chairman and two
other members entitled to vote shall constitute a quorum for a meeting of the
Authority.
8. Powers and Duties of
the Authority.—(1) The
duties of the Authority shall be to,---
(a) lay down the basis for the regulation and distribution of
surface waters amongst the Provinces according to the allocations and policies
spelt out in the Water Accord;
(b) review and specify river and reservoir operation patterns
and periodically review the system of such operation;
(c) coordinate and regulate the activities of the Water and
Power Development Authority in exchange of date between the Provinces in
connection with the gauging and recording of surface water-flows;
Explanation.—Actual observation and compilation of
the data shall be the responsibility of the respective Provinces, Water and
Power Development Authority and other allied organisations, while the process
shall be monitored by the Authority;
(d) determine priorities with reference to
sub-clause (c) of clause 14 of the Water Accord for rive and reservoir
operations for irrigation and hydro-power requirements;
(e) compile and review canal withdrawal
indents as received from the Provinces on 5-daily or, as the case may be, on
10-daily basis and issue consolidated operational directives to Water and
Power Development Authority for making such releases from reservoirs as the
Authority may consider appropriate or consistent with the Water Accord;
Explanation.—The directives issued under this clause
shall be binding upon Water and Power Development Authority and the Provinces
and shall be followed in letter and spirit;
(f) settle any question that may arise between
two or more Provinces in respect of distribution of river and reservoir waters;
and
(g) consider and make recommendations on the availability of
water against the allocated shares of the Provinces within three months of
receipt of fully substantiated water accounts or all new water projects for the
assistance of the Executive Committee of the National Economic Council.
(2) Any question in respect
of implementation of Water Accord shall be settled by the Authority by the
votes of the majority of members and in case of an equality of votes, the
Chairman shall have a casting vote.
(3) A Provincial Government
or the Water and Power Development Authority may. If aggrieved by any decision
of the Authority, make a reference to the Council of Common Interests.
CHAPTER III
ADVISORY COMMITTEE
9. Advisory Committee.—The Authority shall have an Advisory
Committee consisting of the following:---
(a) Chairman of the Authority, who shall also
be the Chairman of the Advisory Committee;
(b) Members of the Authority;
(c) Chief Engineering Advisor to the Government of
(d) Members, Water and Power Development Authority, Incharge of
Water and Power Wings;
(e) Secretaries, Agriculture Departments of the
Provinces; and
(f) Secretaries, Irrigation Departments of the
Provinces.
10. Meetings of the
Committee. The
Advisory Committee shall meet at such time and place to consider such matters
as the Authority may from time to time, refer to it:---
Provided that the Advisory
Committee shall, at the start of each cropping seasons of Kharif and Rabi, hold
its meetings without such reference.
CHAPTER IV
ESTABLISHMENT
11. Headquarter of the
Authority. The Authority
shall have its headquarters at 1[
12. Employment of
officers and staff. The
Authority may from time to time, employ such officers and other members of
staff or appoint such experts and consultants as it may consider necessary for
the performance of its functions, as it may be prescribed.
(2) The Authority shall
prescribe the procedure for appointment, terms and conditions of service of
its officers and members of staff, experts and consultants and shall be
competent to take disciplinary action against its officers and members of
staff.
13. Immunity of the
Authority and its employees.—(1) The Chairman members, officers and members of staff shall, be
deemed to be public servants, within the meaning of section 21 of the Pakistan
Penal Code (Act XLV of 1860).
(2) No suit, prosecution or
other legal proceedings shall lie against the Authority, the Chairman, members
or officers and members of staff of the Authority in respect of anything done
or intended to be done in good faith under this Act
14. Delegation of powers
to and by Chairman. The
Authority may, by general or special order, delegate to the Chairman, a member
or officer of the Authority, all or any of its powers; duties of functions
under this Act subject to such conditions as it may consider fit to impose.
1 Subs. by Ord. 41 of 2000, s.2.
CHAPTER V
REPORTS AND STATEMENTS
15. Submission of yearly
reports and returns.— (1)
The Authority shall, after the close of each cropping seasons of Kharif and Rabi,
furnish a Water Account Report to the Federal Government with copies thereof to
the Provincial Governments and Water and Power Development Authority indicating
Summary of the quantities of inflows and supplies utilised by the Provinces in
relation to their authorised shares.
(2)Observations on the
seasonal water forecast reports prepared by Water and Power Development
Authority and other issues faced during all seasons shall be incorporated in
the Water Accounts Report.
(3) As soon as may be,
after the end of every financial year but before the last day of September next
following, the Authority shall submit to the Federal Government a report with
copies thereof to the Provincial Government on the conduct of its affairs for
that year.
1. The Federal Government
may require the Authority to furnish it with,---
(a) Any return, statement, estimate, statistics or other
information regarding any matter under the control of the Authority; and
(b) copies of every documents in the charge of the Authority.
CHAPTER VI
FINANCING
16. Funds of authority.—
(1) There shall be a fund to be known as the “Authority Fund” vested in the
Authority which shall be utilised by it to meet all expenses and charges in
connection with its functions under this Act including the payment of salaries
and other remunerations to the Authority and to its officers and members of
staff.
(2) The Authority Fund
shall consists of,---
(a) Grants made by the Government;
(b) loan obtained by the Authority; and
(c) all other sums received by the Authority.
17. Limited liability. The liability of the Federal
Government to the creditors of the Authority shall be limited to the extent of
grants made by the Federal Government and the loans raised by the Authority as
guaranteed by the Federal Government.
18. Maintenance of
Accounts. The
Authority shall maintain complete and accurate books of accounts in the form to
be prescribed by the Auditor-General of
19. Annual statement of
Accounts. In the month of January each year, the Authority
shall submit to the Federal Government, for approval, a statement of the
estimated receipts and expenditures in respect of next financial year.
20. Audit.—(1) The accounts
of the authority shall be audited every year by the Auditor-General of
(2) Copies of the audit
report shall be sent to the Authority which shall, alongwith its comments,
present to the Federal Government and shall also make it available for public
inspection.
(3) The Authority shall
carry out any directive issued by the Federal Government for rectification of
an audit objection.
CHAPTER VII
MISCELLANEOUS
21.Rules The
Federal Government may make rules to carry out the purposes of this Act.
22. Regulations.—(I)
The Authority may make regulations consistent with this Act and the rules
framed thereunder for the purpose of giving effect to the provisions of this
Act.
(2) In particular and
without prejudice to the generality of the foregoing provisions, such
regulations may provide for all or any of the following matters, namely:---
(a) the manner in which the meetings of the
Authority may be convened and held and the procedure to be followed thereat;
and
(b) formation of committees and conduct of business in such
committees.
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