Updated: Tuesday April 29, 2014/AthThulatha
Jamada El Thaniah 29, 1435/Mangalavara
Vaisakha 09, 1936, at 03:22:33 PM
[1][1]The
(Act XVIII of 2011)
[3 October 2011]
An Act to provide for the establishment of the Punjab
Power Development Board for the implementation of policies of the Government to
facilitate the private investors in power sector and to harness the energy
generation resources in the Province.
Preamble.- Whereas
it is expedient to establish the Punjab Power Development Board for the
purposes of implementation of policies, programs and projects in the field of
energy in the Province and to facilitate the private investors in power sector
through one window facility; to harness the available sources of energy
generation in the Province; and to provide for ancillary matters.
It is
enacted as follows:---
Chapter I
Preliminary
1. Short
title, extent and commencement.- (1) This Act may be cited as the Punjab Power Development Board Act
2011.
(2) It extends to whole of the Province.
(3) It shall come into force at once.
2. Definitions.- In this Act,---
(a) “Act”
means the Punjab Power Development Board Act 2011;
(b) “Board”
means the Punjab Power Development Board established under section 3 of the
Act;
(c) “Chairman”
means the Chairman of the Board;
(d) “Fund”
means the Punjab Power Development Board Fund;
(e) “Government”
means the Government of the
(f) “Managing
Director” means the Managing Director of the Board;
(g) “Member”
means a Member of the Board including the Chairman and Secretary;
(h) “prescribed”
means prescribed by the rules or regulations;
(i) “Province”
means the Province of the
(j) “regulations”
means the regulations framed under the Act;
(k) “rules”
means the rules made under the Act; and
(l) “Secretary”
means the Secretary of the Board.
Chapter II
3. Establishment
of the Board.- (1) The Government may, by notification,
establish the Punjab Power Development Board.
(2) The Board shall be a body corporate
having perpetual succession and a common seal, with power to enter into
contract, acquire or dispose of property, and Board may sue or be sued by the
name of the Punjab Power Development Board.
(3) The Board shall establish its head
office at
4. Composition
of the Board.- (1) Subject to this section, the Government shall
appoint the Chairman and [2][2][twelve] other members.
[3][3][(2) The Government shall appoint two members from amongst the
representatives of the private power producers including at least one woman, if
available and four members of the Provincial Assembly of the
(3) The Government may prescribe
qualifications and mode of appointment of any category of member.
(4) The Government may appoint a person as
member by virtue of his office.
(5) The Managing Director shall be the
Secretary.
5. Managing
Director.- (1) The Government
shall appoint a professional engineer having at least ten years experience in
the relevant field as the Managing Director.
(2) The Government shall prescribe terms and
conditions of service of the Managing Director.
(3) The Managing Director shall hold office
for a term of three years extendable for another term of three years.
(4) The Government shall not appoint a
person as Managing Director for more than two consecutive terms.
6. Terms and conditions of members.- (1) The Government shall appoint a member, other than
an ex-officio member, for a term of three years, extendable for another term of
three years.
(2) A member, other than ex-officio member,
may, by a one month prior written notice addressed to the Government, resign
from his office.
(3) The Government may remove a member,
other than ex-officio member, without assigning any reason.
7. Conduct
of business.- (1) The Government or the Board shall prescribe or
determine the procedure for conduct of business of the Board.
(2) Existence of any vacancy in the
constitution of the Board shall not invalidate an act or proceedings of the
Board.
8. Functions
of the Board.- The Board shall,---
(a) facilitate the private investors on behalf of the Government in
matters relating to the setting up of power projects in accordance with the
policy of the Government;
(b) implement
the policy of the Government relating to power generation and coordinate with
various departments and agencies of the Government in the field of power
generation;
(c) negotiate
and finalize, with the prospective private investors in the power sector, the
implementation plans, feasibility studies and operational plans;
(d) receive fees and charges from private investors in processing of
their applications for power projects and shall deposit and disburse the fees
or charges;
(e) correspond
with the local or international agencies in the performance of its functions
under this Act;
(f) issue
no objection certificate, permission or licence for use of canal or river water
or land of the Government for power generation;
(g) explore
potential sites for hydel and coal power generation and develop non-conventional
sources of energy including solar, wind, biomass, biogas and solid waste;
(h) examine
energy policies of the Federal Government and advise the Government on effect
of the policies of the Federal Government;
(i) co-ordinate
with the Federal Government or any authority or agency of the Federal
Government for installation of power houses, grid stations and transmission
lines according to needs of the Province;
(j) encourage
and ensure exploitation of indigenous resources for development of thermal or hydel
power projects in the Province;
(k) encourage
the local and foreign entities to form joint ventures for participation in the
development of the power projects;
(l) advise
the Government on bulk power supply from the national grid for transmission and
distribution within the Province, levy of tax on consumption of electricity,
laying of transmission lines and determination of power tariff for distribution
of electricity within the Province;
(m) acquire,
where necessary, land for power projects; and
(n) perform
such other functions as may be prescribed to promote power generation in the
Province.
9. Committees.- The Board may constitute a committee or committees to
perform the functions as may be prescribed or entrusted by the Board.
10. Organization of the Board.-
(1) The Board may, for carrying out its functions, establish one or more
organizations.
(2) An organization established under
sub-section (1) shall be subject to control and supervision of the Board and
perform the functions as may be prescribed.
11. Appointment
of staff.-
(1) The Board may appoint the 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.
(2) The members, officers, advisors,
consultants, employees and staff of the Board, when acting or purporting to act
under any of the provisions of this Act, rules or regulations, shall be deemed
to be public servants within the meaning of section 21 of the Pakistan Penal
Code 1860 (XLV of 1860).
Chapter III
Funds, Accounts and Audit
12.
(2) The Fund shall consist of:---
(a) funds provided by the Government for payment
of salaries, establishing infrastructure and running the day to day business of
the Board;
(b) loans
or grants by the Government;
(c) other
loans or funds obtained by the Board;
(d) foreign
aid, grants and loans negotiated and raised, or otherwise obtained, by the
Board;
(e) charges for services or for the provision of
any information or report automated or otherwise to any government, private
entity or any other person;
(f) fees
and commissions collected by the Board as may be prescribed;
(g) income
from the sale of property;
(h) funds
from floating bonds, shares, debentures, certificates, or other securities
issued by the Board; and
(i) all
other sums received by the Board.
(3) The Fund shall be kept in one or more
accounts maintained by the Board, in local or foreign currency in a scheduled
bank and shall be operated in accordance with the directions of the Board.
13. Accounts and audit.- (1) The Board shall prepare its own budget in respect
of a financial year in accordance with prescribed procedure and shall maintain
complete and accurate books of accounts of their actual expenses and receipts.
(2) The Board shall appoint a Chartered
Accountant or a firm of Chartered Accountants to audit the accounts of the
Board and any organization established by the Board.
(3) The auditor appointed under sub-section
(2) shall be provided access to the books, accounts and other documents as may
be considered necessary for audit of the accounts.
(4) The auditor shall submit the annual
audit report or any special audit report to the Board.
Chapter
IV
Miscellaneous
14. Delegation
of powers.-
The Board may delegate any of its powers, duties or functions to the Managing
Director or any other officer in the prescribed manner.
15. Issuance of policy directives.- The Government
may, as and when it considers necessary, issue policy directives to the Board
in respect of its activities and the Board shall be bound to comply with such
directives.
16. Annual
report.- (1) The Board shall, within three months of the conclusion
of a calendar year, submit an annual performance report to the Government.
(2) The report shall consist of,---
(a) the
statement of accounts and audit reports of the Board and any organization
established by the Board;
(b) a
comprehensive statement of the work and activities of the Board during the
preceding year; and
(c) such
other matters as may be prescribed or as the Board may consider appropriate.
(3) The Government shall, within two months
of receiving the report from the Board, give notice for laying the report in
the Provincial Assembly of the
17. Power
to make rules.- The Government may
make rules to carry out the purposes of this Act.
18. Regulations.- (1) Subject to this Act and the rules, the Board may
frame regulations, for giving effect to the provisions of this Act.
(2) Without prejudice to the generality of
the forgoing provisions, the regulations may provide for,---
(a) terms and
conditions including remuneration and privileges for appointment of officers,
employees, experts, advisors and consultants;
(b) prescription
of different scales and grades for the remuneration and privileges of officers,
staff members, experts, advisors and consultants of the Board; and
(c) procedure for
appointment of members of the different committees and conduct of business of
the committees.
19. Authorities to aid the Board.- All
executive authorities in the Province shall render such assistance to the Board
as may be necessary for the execution of its programs and projects being
carried out under this Act.
20. Indemnity.- No suit, prosecution or other
legal proceeding shall lie against the Board, members, officers, advisors,
consultants and other employees of the Board, in respect of anything done or
intended to be done in good faith under this Act.
21. Removal of difficulties.- If any difficulty arises in
giving effect to any provision of this Act, the Government may make such order,
as may be necessary for the removal of the difficulty.
[1][1]This Act was passed by the
Punjab Assembly on 15 September 2011; assented to by the Governor of the
[2][2]Substituted for the word “ten” by the Punjab Fair Representation of Women Act 2014 (IV of 2014).
[3][3]Sub-section (2) substituted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) which read as under:-
“(2) The Government
shall appoint two members from amongst the representatives of the private power
producers and two members of the Provincial Assembly of the
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