Updated: Wednesday May 22, 2019/AlArbia'a
Ramadan 18, 1440/Budhavara
Jyaistha 01, 1941, at 06:48:54 AM
[1][1]The
(Act XII of
2019)
[25 April 2019]
An
Act to provide for the establishment of the
It is necessary to
make provisions for the establishment of the
Be it enacted by
Provincial Assembly of the
1. Short title, extent and commencement.– (1) This Act may be cited as the
(2) It
shall extend to whole of the
(3) It shall come into
force at once.
2. Definitions.– In the Act:---
(a)
“Act”
means the
(b)
“advisor”
means an advisor appointed to assist the Authority;
(c)
“Authority”
means the
(d)
“Chairman”
means the Chairman of the Governing Body;
(e)
“employee”
means an employee of the Authority;
(f)
“Fund”
means the fund established under section 19 of the Act;
(g)
“Governing
Body” means the Governing Body constituted under section 5 of the Act;
(h)
“Government”
means Government of the
(i)
“local
government” means a local government established under the law for the time
being in force;
(j)
“member”
means the member of the Governing Body and includes
the Chairman;
(k)
“Patron
in Chief” means Governor of the
(l)
“prescribed”
means prescribed by the rules or the regulations made under the Act;
(m)
“regulations”
means the regulations framed under the Act; and
(n)
“rules”
means the rules made under the Act.
3. Establishment of the Authority.– (1) The Government shall, by notification in the official Gazette,
establish an Authority to be known as the
(2) The Authority shall be a body
corporate, having perpetual succession and a common seal with power to acquire,
hold and dispose of property subject to the approval by the Government, and
shall by the said name sue and be sued.
4. Functions and powers of the Authority.– (1) The Authority shall perform the following functions with regard to one
or more areas entrusted to it by the Government or the relevant local
government with the agreement of the Authority:
(i)
to
provide sustainable supply of clean drinking water to each and every individual;
(ii)
to
undertake or engage in such activities as are necessary for sustainable
efficient and affordable clean drinking water;
(iii)
to
conduct surveys, studies and research;
(iv)
to devise
strategy, plan and actionable parameters for survey of water contamination and
for provision of clean drinking water by installation of water filtration and
purification plants;
(v)
to
reduce, suspend or disconnect the water supply in the event of contravention of
the provisions of the Act or the rules or regulations made thereunder;
(vi)
to
design, fabricate, construct, install, commission, test, operate and maintain
water supply schemes and water filtration plants;
(vii)
to
develop an infrastructure as needed to provide clean drinking water including
setting up of a bottling plant and testing laboratories;
(viii)
to
safeguard human health including reduction in the mortality rate associated
with lack of access of safe drinking water, inadequate sanitation and poor
hygiene by improving the quality and access to clean drinking water which shall
lead to reduction of water borne diseases;
(ix)
to
educate and involve the community in the development of filtration plants and
water supply schemes to devise suitable arrangements for improving access to
clean drinking water;
(x)
to carry
out improvements, management, administration, supervision, execution and
control of works and projects for providing clean drinking water;
(xi)
to devise
a plan of supervision, monitoring and evaluation of the execution of clean
drinking water projects and to ensure a quality management system; and
(xii)
to
increase participation in international collaborative projects wherever
necessary or desirable.
(2)
The
Authority may also perform the following functions:
(i)
to liaise
with companies, bodies, associations, societies, corporations, authorities,
agencies, institutions weather in Pakistan or elsewhere, engaged in providing
clean drinking water;
(ii)
to aid,
benevolent, charitable, national or other institutions or the objects which are
engaged in proving clean drinking water and which in the opinion of the
Authority warrants support;
(iii)
to
prepare, print and publish or cause to be published papers, journals,
magazines, periodical reports articles, bulletins, newsletters or conferences
for circulation and information for general public;
(iv)
to
provide a platform for research and development regarding provision of clean
drinking water; and
(v)
to
execute specific drinking water supply projects by the government or the
concerned local government with the agreement of the Authority.
5. Governing Body.– (1) The management and administration of the affairs of the Authority
shall vest in the Governing Body.
(2) The Governing Body shall consist of
nine members including the Chairman, and the members shall be appointed in the
manner as may be prescribed and until so prescribed as may be determined by the
Government.
(3) The Chairman shall be appointed
by the Government in consultation with the Patron in Chief.
(4) The
Governing Body shall have the following four ex-officio members.
(a)
Secretary
to the Government, Planning and Development;
(b)
Secretary
to the Government, Finance Department;
(c)
Secretary
to the Government, Housing, Urban Development and Public Health Engineering
Department; and
(d)
Secretary
to the Government, Local Government and Community Development.
(5) A member of the Governing Body shall
hold office for a period of three years and shall be eligible for re-appointment
for another term.
(6) A member, other than an ex-officio
member, may by writing under his hand, resign from his office.
(7) The Government may, if it considers
expedient to do so, remove any non-official member of the Authority without
assigning any reason.
(8) The member, other than an ex-officio
member, shall cease to hold office if he absents himself from three consecutive
meetings of the Governing Body or from all the meetings of the Governing Body
for a continuous period of three months, whichever is longer.
6. Business of the authority.– (1) The meetings or the business of the Authority shall be conducted in
such manner and procedure as may be prescribed.
(2) No act or proceedings of the Authority
shall be invalid by reason of any vacancy or defect in the constitution of the
Governing Body.
7. Meetings of the Governing Body.– (1) The Chairman, or in his absence a member elected by the members
present, shall preside at the meetings of the Authority.
(2) The
quorum for any meeting of the Governing Body shall be five members.
8. Chairman.– (1) The Chairman of the Authority shall be a person appointed by the
Government from amongst the members of the Governing Body on such terms and
conditions as may be determined by the Government.
(2) The Chairman shall
hold office for a period of three years from the date of his appointment and
shall be eligible for reappointment for another term.
(3) The
Chairman shall perform such functions as may be provided in the Act or as may
be prescribed or as may be entrusted to him by the Governing Body from time to
time.
(4) The Chairman shall,---
(a) prepare and submit to
the Governing Body a strategic plan for operation, management and
functioning of the Authority and annual updates of the plan with respect to the
major functions and operations of the Authority;
(b) prepare and submit to the Governing Body proposals with respect to such grants and allotments, contracts, other financial assistance,
and designation of positions as are necessary or appropriate to carry out the
objectives of the Authority; and
(c) after receiving an approved proposal from the
Governing Body, make such grants and allotments, enter into such contracts,
award such other financial assistance, make such payments in lump sum or
installments, and in advance or by way of reimbursement, and in the case of
financial assistance otherwise authorized under the Act with necessary
adjustments on account of overpayments and underpayments, and designate such
positions as are necessary or appropriate to carry out the effective
functioning of the Authority;
(d)
prepare
and submit to the Governing Body a proposal regarding, the regulations and such
other standards, policies, procedures, programs, and initiatives as are
necessary or appropriate for management
and operations of the Authority, and after receiving and reviewing of an
approved proposal shall establish and administer such standards, policies,
procedures and programs as may be approved;
(e)
prepare
and submit to the Governing body an annual report on actions taken to achieve
the goal of the authority under the Act, including an assessment of the progress
made toward achieving that goal and the actions to be taken in the coming year
toward achieving that goal; and
(f) prepare and submit to the Governing Body an annual report, and such interim reports as may be necessary, describing the major actions with
respect to the Officers of the Authority, and with respect to implemented
standards, policies, procedures, programs, and initiatives;
(5) The
Chairman shall draw such salary or remuneration as the Government may determine.
9. Removal of Chairman or member of the
Governing Body.– Notwithstanding anything contained in section 5, the
Government shall remove the Chairman or an appointed member from office if he:
(a) in the opinion of Government, fails to
discharge his duties or becomes incapable of discharging his duties under the
Act;
(b) has become insolvent;
(c) has been convicted of an offence involving
moral turpitude;
(d) has knowingly acquired or continued to hold without the permission
in writing of the Government or the Patron in Chief directly or indirectly or
through a partner, any share or interest in any contract or employment with or
on behalf of Authority, in any land or property which in his knowledge, is
likely to be beneficial for him as a result of operation of the Authority.
10 Chief
Operating Officer.– (1) There shall be a Chief Operating Officer
of the Authority, who shall be appointed by the Government on such terms and
conditions as the Government may determine.
(2) Subject to the
direction and control of the Chairman, the Chief Operating Officer shall have
the general and active management of the business of the Authority and shall
see that all orders and resolutions of the Governing Body are carried into
effect.
(3) The Chief Operating Officer, may
execute contracts, deeds and other instruments on behalf of the Authority as
are necessary and appropriate, subject to approval of the Chairman.
(4) The Chief Operating Officer
shall also exercise such powers and perform such functions as may be prescribed
by regulations or assigned by the Authority.
(5) The Government shall determine the
remuneration for the Chief Operating Officer.
11 Secretary.– (1) There shall be a Secretary of the Authority, who shall be
appointed by the Government on such terms and conditions as the Government may
determine.
(2) Subject to the general control
of the Chairman, the Secretary shall exercise such powers and perform such
functions as may be prescribed or assigned by the Authority.
12. Appointment of Advisors
and Consultants.– The Authority may employ suitably qualified
advisors and consultants to transact any business or to do any act required to
be transacted or done in exercise of powers or performance of its functions
under the Act.
13. Committees.– (1) Subject to the Act and the rules, the Authority may appoint such
committees as may be necessary for the efficient discharge of its duties and
performance of its functions under the Act.
(2) The Authority shall have the powers
to co-opt as members of any committee appointed under subsection (1), such
number of persons who are not members of the Governing Body as it may think fit
and the person so co-opted shall have the right to attend the meetings of the
committee, and take part in the proceedings of the committee.
14. Transfer of water
supply function to the Authority.–
(1)
Where an area has been entrusted to the Authority for purposes of water supply,
the respective local government shall not undertake drinking water supply
functions for such period as the Government may notify:---
Provided that
such period shall not exceed two years without permission of the relevant local
government.
(2) Notwithstanding
anything contained in subsection (1), the Authority shall be responsible to the
respective local government or where no local government is present to the
Government for the due discharge of its water supply functions.
(3) The Authority shall perform its
functions in liaison with Housing, Urban Development and Public Health
Engineering Department of the Government whenever and wherever required.
15. Appointment of Officers of the Authority.–
(1)
The officers of the Authority shall be appointed in the prescribed manner.
(2) Direct appointments in the
Authority shall be made through open competition.
16. Immunity of the Chairman and Employees of
the Authority.– (1) No suit or prosecution shall lie:---
(a)
against
the Authority for any act which in good faith is done or purported to be done
by the Authority under this Act; or
(b)
against
the Chairman, member of the Governing Body, officer, servant, Employee or agent
for any act which in good faith is done or purported to be done by him under
the Act or on the direction of the Governing Body.
(2) Any expense incurred by such person as
is referred to in subsection (1) in any suit or prosecution brought against him
before any court in respect of any act which is done by him under the Act or on
the direction of the Governing Body shall, if the court holds that the act was
done in good faith, be paid out of the funds of the Authority.
17. Fund.– (1) The Authority shall have
a Fund to be known as the Punjab Aab-e-Pak Authority Fund.
(2) The following shall be credited to
the Fund:---
(a)
all such
sums of money as may be determined from time to time by the Government;
(b)
all such
sums of money as may be received by the Authority in the exercise, discharge
and performance of its powers, functions and duties;
(c)
donations,
if received from international agencies and donors;
(d)
donations,
if received from expatriate Pakistanis living outside Pakistan; and
(e)
money
received through sale of the clean drinking water.
(3) The Fund shall be kept in such custody,
utilized and regulated in such manner as may be prescribed by the Government.
(4) There shall be paid out of the Fund of
the Authority, all such sums of money required to defray the expenditure
incurred by the Authority in the
exercise, discharge and performance of its powers, functions and duties.
18. Budget, Audit and Accounts.– (1) The
Authority shall prepare, in such form and at such time in each financial year,
as may be prescribed, its budget for the next financial year, showing the
estimated receipts and expenditure of the Authority.
(2) The
Authority shall cause its accounts to be kept in such form and manner as may be
determined by the Government.
(3) The
books of accounts of the Authority shall be kept at the head office of the
Authority.
(4) In
addition to the requirement of the Government, the Authority shall also have
its annual Audit done by an independent Chartered Accountant to be appointed by
the Authority.
19. Report to be furnished to the Government.–
The
Government may, from time to time, call for reports on the activities of the
Authority which shall be duly furnished.
20. Rules.– The Government may
make rules to carry out the purposes of the Act.
21. Regulations.– Subject to the
provisions of the Act and the rules, the Authority may frame regulations as may
be necessary, to carry out the purposes of this Act.
22. Removal of difficulties.– If any difficulty
arises in giving effect to any provision of the Act, the Chairman may, with the
approval of the Government, make such order, not inconsistent with the
provisions of the Act, as may appear to him to be necessary for the purpose of
removing such difficulty.
[1][1]This Act was passed by the
Punjab Assembly on 14 March 2019; assented to by the Governor of the
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