Updated: Tuesday May 14, 2013/AthThulatha Rajab 05, 1434/Mangalavara Vaisakha 24, 1935, at 05:03:00 PM

The West Pakistan Water and Power Development Authority Act, 1958

SECTIONS

CONTENTS

 

Preamble

 

CHAPTER-I

PRELIMINARY

1

Short title and extent

2

Definitions

 

CHAPTER-II

CONSTITUTION OF THE AUTHORITY

3

Constitution of the Authority

4

Appointment and term of office of Chairman and Members

5

Remuneration and conditions of service

6

Removal of Chairman or Member

7

Meeting of Authority

 

CHAPTER-III

POWERS AND DUTIES OF THE AUTHORITY

8

General powers and duties of the Authority and framing of Schemes

9

Schemes framed by other agencies

9-A

 

10

Survey and experiments

10-A

 

11

Control over water, power houses and grids

12

Authority to have powers and obligations of licensee under Act of 1910

13

Powers regarding certain matters

14

Right of entry

15

Sanction of the Government

16

Arrangements with local body or other agency

 

CHAPTER-IV

ESTABLISHMENT

17

Employment of officers and servants

18

Recruitment and conditions of service and disciplinary powers

19

Immunity of the Authority and its employees

20

Delegation of powers to Chairman, etc

 

CHAPTER-V

REPORTS AND STATEMENTS

21

Submission of yearly reports and returns, etc

 

CHAPTER-VI

FINANCE

22

Authority Fund

23

Authority to be deemed to be a local authority

24

Limited liability

25

Rates for sale of power

26

Maintenance of accounts

27

Annual statement of accounts

28

Audit

 

CHAPTER-VII

REGULATIONS

29

Regulations

30

Repeal

The West Pakistan Water and Power Development Authority Act, 1958

XXXI OF 1958

24th April 1958

An Act to provide for the unified and co-ordinated development of the water and power resources of Pakistan.

Preamable. WHEREAS it is expedient to provide for the unified and co-ordinated development of the water resources of West Pakistan;

It is hereby enacted as follows:---

CHAPTER I

PRELIMINARY

1. Short title and extent. (1) This Act may be called the Pakistan Water and Power Development Authority Act, 1958.

(2) It extends to the whole of Pakistan, except the Karachi Area and the Tribal Areas.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context:---

(i) “Authority” means the West Pakistan Water and Power Development Authority established under section 3 of this Act;

(ii) “Chairman” means the Chairman of Water and Power Development Authority;

(iii) “Controlled station” means a power generating station declared as a controlled station under clause (vi) of sub-section (1) of section 11;

(iv) “Government” means the Government of the Province of West Pakistan;

(v) “Land” includes benefits to arise out of land, and things attached to the earth permanently fastened to anything attached to the earth;

(vi) “Local body” means any District Board, District Local Board, Municipal Corporation, Municipal Committee, Municipality, Small Town Committee or” Notified Area Committee;

(vii) “Member” moans Member of the Water and Power Development Authority;

(viii) “Power” includes hydraulic power, electrical energy, steam, or any other power notified as such by the Provincial Government in the official Gazette; and

(ix) “Regulations” means Regulations framed under this Act.

CHAPTER II

CONSTITUTION OF THE AUTHORITY

3. Constitution of the Authority. (1) There shall be established an Authority to be known as the Water and Power Development Authority for carrying out the purposes of this Act.

(2) The Authority shall be a body corporate, shall be entitled to acquire and hold property, shall have perpetual succession and a common seal and shall by that name sue and be sued.

4. Appointment and term of office of Chairman and Members. (1) The Authority shall consist of a Chairman and not more than [three] Members appointed by the Government:---

Provided that till such time as the Authority is fully constituted, the Chairman shall exercise the powers, functions and duties of the Authority.

(2) The term of office of the Chairman shall be five years and that of a Member three years.

(3) Any persons ceasing to be the Chairman or Member or by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide.

(4) The Chairman or any Member may at time resign: provided that his resignation shall not take effect until accepted by the Government.

5. Remuneration and conditions of service. The Chairman and each Member shall receive salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Act or by any Regulations framed under it.

6. Removal of Chairman or Member. The Government may by notification remove the Chairman or any Member:---

(a) if he refuse or fail to discharge or becomes in the opinion of the Government, incapable of discharging ins responsibilities under this Act: or

(b) if he has been declared insolvent; or

(c) if he has been declared to be disqualified for employment in or has been dismissed from the service of Pakistan, or has been convicted of an offence involving mural turpitude: or

(d) if he has knowingly acquired or continued to hold without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit or has benefited as a result of the operation of the Authority.

7. Meeting of Authority. (1) The Authority shall meet at such time and in such manner, as may be prescribed by Regulations:---

Provided that until Regulations are made in this behalf, such meetings shall be convened by the Chairman.

(2) The Chairman, or in his absence a Member authorised by him and one other Member shall be present to constitute a quorum at a meeting of the Authority.

CHAPTER III

POWERS AND DUTIES OF THE AUTHORITY

8. General powers and duties of the Authority and framing of Schemes. (1) The Authority shall prepare, for the approval of the Government, a comprehensive plan for the development and utilization of the water and power resources of West Pakistan on a unified and multipurpose basis.

(2). The Authority may frame a scheme or schemes for the Province or any part thereof providing for all or any of the following matters namely:---

(i) irrigation, water supply and drainage and recreational use of water resources;

(ii) the generation, transmission and distribution of power, and the construction, maintenance and operation of power houses and grids;

(iii) flood control;

(iv) the prevention of water logging and reclamation of waterlogged and salted lands;

(v) inland navigation; and

(vi) the prevention of any ill-effects on public health resulting from the operations of the Authority.

(3) Every schemes prepared by the Authority under subsection (2) shall be submitted for approval to the Government, with the following information:---

(i) a description of the scheme and the manner of its execution;

(ii) an estimate of costs and benefits ; the allocation of costs to the various purposes to be served by the scheme and the amounts to be repaid by the beneficiaries; and

(iii) a statement of the proposals by the Authority for the re-settlement or re-housing of persons likely to be displaced by the execution of the scheme.

(4) The Government may sanction or may refuse to sanction or may return for reconsideration any scheme submitted to it under this section, or may call for such further details or information about the scheme, or may direct such further examination of the scheme as it may consider necessary.

9. Schemes framed by other agencies. (1) Any scheme framed by an agency in West Pakistan, other than the Authority, in respect of any of the matters in sub-section (2) of section 8 if its estimated cost exceeds the amount to be prescribed by the Government, shall be submitted to the Government through Authority and the Government may pass any of the orders contemplated by sub-section (4) of section 8.

(2) The Authority may, with the approval of the Government undertake the execution of any scheme, or exercise technical supervision and administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in sub- section (2) of section 8.

 [9-A. Notwithstanding anything contained in tills Act, the Authority may with the previous approval of the Government, undertake the execution of any scheme framed or sponsored by the Central Government or any agency other than an agency in West Pakistan, or exercise technical supervision and administrative and financial control over the execution thereof on such terms and conditions as may be agreed to by the Authority on the one hand and the Central Government or such agency in consultation with the Central Government on the other, as the case may be.]

10. Survey and experiments. The Authority, if it considers this necessary or expedient for carrying out the purposes of tills Act, may:---

(a) cause studies, surveys, experiments or technical research to be made; or

(b) contribute towards the cost of any such studies, surveys, experiments or technical research made by any other agency.

[10-A. On and from such date as the Government may by notification, declare and subject to such terms and conditions as it may determine, all assets including lands, works, machinery, apparatus, material and plants vested in the Government in the Electricity Department shall vest in the Authority, and all “liabilities in respect of the said assets shall be the liability of the Authority].

11. Control over water, power houses and grids. (1) Subject to the provisions of any other law for the time being in force, the Authority:---

(i) shall have control over the:---

(a) underground water resources of any region in West Pakistan;

(b) operation of all power houses and grids, including such ancillary works as may be considered necessary for their proper operation;

(ii) may make recommendations to Government for prescribing standard for the:---

(a) operation maintenance of all irrigation works;

(b) maintenance of power houses and grids;

(iii) may make recommendations to the Government for promoting simplification of methods of charge for supplies of electricity and standardization of the system of supply;

(iv) may, with the prior approval of the Government and on payment of reasonable compensation, declare any power generating station belonging to a licensee to be a controlled station and thereupon, the power to regulate production from such station, shall vest in the Authority;

(v) may require the owner of any controlled power generating station in a grid area to:---

(a) supply to the grid all or part of the power generated at the station at such rates as may be determined by the Government by general or special order;

(b) take from the grid all or part of the power required for distribution to consumers; or

(c) close down the station on payment of reasonable compensation.

(2) Before the Authority exercises any control under clause (i) of sub-section (1), the area over which and the extent to which control is intended to be exercised shall be agreed to and notified by the Government in the official Gazette.

(3) Nothing in tins section shall entitle the Authority to exercise any power in respect of works, power houses or grids owned by the [Central Government] and established for the exclusive use of any Department of the Central Government or a Military Cantonment.

12. Authority to have powers and obligations of licensee under Act of 1910. The Authority shall, for the purposes of the Electricity Act, 1910, be deemed to be a licensee and shall have all the powers and discharge all the obligations of a licensee under the said Act:---

Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in Clause I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Authority.

13. Powers regarding certain matters. (1) The Authority may take such measures and exercise such powers as it considers necessary or expedient for the carrying out of the purposes of this Act.

(2) Without prejudice to the generality of the power conferred by the preceding sections and the provisions of subsection (1) the Authority may for carrying out the purposes of this Act,---

(a) undertake any works, incur any expenditure, procure plant, machinery and material required for its use and enter into and perform all such contracts as it may consider necessary or expedient;

(b) acquire by purchase, lease, exchange or otherwise-arid dispose of by sale, lease, exchange or otherwise any laud or any interest in land;

(c) place wires, poles, wall brackets, stays, apparatus and appliances for the transmission of electricity, or for the transmission of telegraphic or telephonic communications necessary for the proper execution of a scheme;

(d) direct the owners of private lands to:---

(i) carry out measures for training of streams;

(ii) undertake anti-erosion operations, including conservation of forests and re-afforestation;

(e) restrict or prohibit by general or special order the cleaning and breaking up of land in the catchment area of any river;

(f) direct that any work which has been required to be done by any reason under the two preceding clauses, and which remains undone, shall after due notice to such person and consideration of any objection raised by him, be executed by the Authority and specify the proportion in which the risk and expense of such work shall be borne by such person, or by any person who, after being given a reasonable notice and after such inquiry as the Authority considers necessary, is held by the Authority to be responsible for the execution of such work in whole or in part; and

(g) seek and obtain advice and assistance in the preparation of execution of scheme from any local body or agency of the Government, and such local body or agency shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgment:---

Provided that the Authority shall pay the cost of ; such advice and assistance if the giving of; such advice and assistance entails additional expenditure to the local body or the agency.

(3) The acquisition of any land or any interest in land for the Authority under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894, and the provision of the said Act shall apply to all such proceedings.

14. Right of entry. (1) The Chairman or any person authorised by him in writing, may enter upon and survey any land, erect pillars for the determination of intended lines of works, make borings and excavations and do all other acts which may be necessary for the preparation of any scheme:---

Provided that when the affected land does not vest in the Authority, the power conferred by this sub-section shall be exercised in such manner as to cause the least interference with, and the least damage to, the rights of the owner thereof.

(2) When any person enters into or upon any land in pursuance of sub-section (1) he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damage to be done as aforesaid, in case of dispute as to the sufficiency of the amount so paid or tendered, the dispute shall be referred to the Deputy Commissioner of the District whose decision shall be final.

15. Sanction of the Government. A scheme framed and sanctioned under this Act may be amended or modified by the Authority at any time but if a material change is made in the scheme, previous sanction of the Government shall be obtained.

Explanation. An increase in the cost of the scheme by more than fifteen percent of the sanctioned cost, or a charge in the benefit and cost ratio which either makes the cost component in the ratio exceed the benefit or reduces the benefits component by more than fifteen percent shall be deemed to be a material change for the purposes of this section.

16. Arrangements with local body or other agency. (1) As soon as any scheme has been carried out by the Authority or at a later date, the Authority may arrange by a written agreement with a local body or other agency within whose jurisdiction any particular area covered by the scheme lies to take over and maintain any of the works and services in that area. If the Authority fails to obtain the assent of such a local body or other agency, it may refer the matter to the Government , and the Government may give such direction to the local body or the other agency as it may deem fit.

(2) The Government shall have the power to direct the Authority to hand over any scheme other than a power scheme or the power part of a multi-purpose scheme carried out by it to any agency of the Government or a local body. In such a case the Authority shall be entitled to receive credit to the extent of the audited expenditure incurred by it on that scheme.

CHAPTER IV

ESTABLISHMENT

17. Employment of officers and servants. (1) The Authority may from time to time employ such officers and servants, or appoint such experts or consultants, as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit:---

[Provided that all persons serving in connection with the affairs of the Province in the Electricity and Irrigation Department shall be liable to serve under the Authority, if required to do so by the Government on such terms and conditions as the Government may in consultation with the Authority determine but shall not be entitled to any deputation allowance:---

Provided further that the Government may in relation to any such person as aforesaid delegate such administrative disciplinary and financial powers to the Authority as the Government may deem fit:---

Provided also that the terms and conditions of service of any such person as aforesaid shall not be varied by the Authority to his disadvantage.

[(1A) Notwithstanding anything contained in sub-section ((1) or any Rules made, or Orders or Instructions issued by the Authority, or in the terms and conditions of service of any person employed by or serving under the Authority, the Authority may at any time, retire or remove from its service any person without assigning any reason, after giving him not less than thirty days, notice or pay for the period by which such notice falls short of thirty days.

(1B) Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of l973)]

(2) The Chairman in case of urgency, may appoint such officers and servants on such terms and conditions as may be necessary:---

[Explanation l. For the purpose of this sub-section any person employed by, or serving under the Authority includes a person referred to in the provisos to sub-section (1).
Explanation II- Any person referred to in the provisos to sub-section (1) who is removed or retired from service by the Authority under the sub-section shall stand reverted to the Province to which he is allocated under the Province of West Pakistan (Dissolution) Order, 1970 (P.O.No.l of 1970]

[(l-C) Any order of removal or termination of service passed by the Authority, in exercise of the powers conferred by sub-section (1-A), shall not be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of 1969), or the Essential Services (Maintenance) Act, 1952, (III of 1952), or under any law for the time being in force, before any court. Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the thirtieth day of September, 1975, and before the coming into force of the West Pakistan Water and Power Development Authority (Amendment) Ordinance, 1979 setting aside or modifying or declaring any order of the Authority to be void and of no effect, shall stand vacated],
Provided that every appointment made under this subsection shall be reported to the Authority without unreasonable delay,

[(3) Notwithstanding anything contained in sub-sections (1) and (2), no person shall be appointed to the post of legal advisor to the Authority, by whatever designation called or known, or to advise the Authority, in regard to legal matters save with the approval of Government and no legal practitioner shall be entrusted by the Authority with any matter pending in any Civil Revenue or Criminal Court or a Tribunal exercising civil or revenue powers in which the Authority is a party or has any interest unless the name of such legal practitioner is on the approved list of Government],

18. Recruitment and conditions of service and disciplinary powers.-The Authority shall prescribe the procedure for appointment, and terms and conditions of service of its officers and servants, and shall be competent to take “disciplinary action against its officers and servants.

19. Immunity of the Authority and its employees. (1) The Chairman, Members, officers and servants of the Authority shall when acting or purporting to act in pursuance of any of the provisions of this Act be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.

(2) No suit, prosecution or other legal proceedings shall lie against the Authority the Chairman, Members or Officers and servants of the Authority in respect of anything done or intended to be done in good faith under this Act.

20. Delegation of powers to Chairman, etc. The Authority may by general or special order delegate to the Chairman or a Member or Officer of the Authority, any of its powers, duties or functions under this Act subject to such Conditions as it may think fit to impose.

CHAPTER V

REPORTS AND STATEMENTS

21. Submission of yearly reports and returns, etc. (1) The Authority shall submit to the Government as soon as possible after the end of every financial year but before the last day of 17 (September) next following a report on the conduct of its affairs for that year.

(2) A copy of the report mentioned in sub-section (1) together with a copy of the audit report referred to in section 28 shall be placed by the Government before Provincial Assembly of West Pakistan [and the Provincial Assembly shall refer the same to its Committee on Public Accounts for scrutiny and examination].

[(2-A) The Committee on Public Accounts shall scrutinize and examine the reports referred to it under subsection (2) in the same manner as and shall in respect thereof, perform the same functions and exercise the same powers as are required by it to be performed and exercised in respect of appropriation of accounts of the Provincial Government and the report of the Comptroller and Auditor- General of Pakistan thereon].

(3) The Government may require the Authority to furnish it with:---.

(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority; or

(ii) a report on any such matter; or

(iii) a copy of any document in the charge of the Authority and the Authority shall comply with every such requisition.

CHAPTER VI

FINANCE

22. Authority Fund. (1) There shall be a fund to be known as the “Authority Fund” vested in the Authority which shall be utilized by the Authority to meet charges in connection with its functions under this Act including the payment of salaries and other remunerations to the Chairman and Members of the Authority and to its officers and servants.

(2) The Authority Fund shall consist of:---

(a) grants made by the Government;

(b) loans obtained from the Government;

(c) grants made by local bodies as required by the Governments;

(d) sale-proceeds of loads issued under the authority of Government;

(e) loans obtained by the Authority with the special or general sanction of the Government.

(f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or otherwise, with the sanction of and on such terms and conditions as may be approved by the Government; and

(g) all other sums received by the Authority.

23. Authority to be deemed to be a local authority. The Authority shall be deemed to be local authority under the Local Authorities Loans Act, 1914, for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Act shall be deemed to be a work which such authority is legally authorised to carry out.

24. Limited liability. The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.

25. Rates for sale of power. (1) The Authority shall ordinarily sell power in bulk.
(2) The rates at which the Authority shall sell power shall be so fixed as to provide for meeting the operating costs, interest; charges land depreciation of assets ; the redemption at, due time of loans other than those covered by depreciation, the payment of any taxes and a reasonable return on investment.

26. Maintenance of accounts. The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by it:---

Provided that separate accounts shall be maintained for all schemes and transactions relating to power.

27. Annual statement of accounts. In the month of (January) each year the Authority shall submit to the Government for approval a statement of the estimated receipt and expenditure in respect of the next financial year.

28. Audit. The accounts of the Authority shall be audited every year by the Comptroller and Auditor-General of Pakistan in such manner as may be prescribed by the Government. Copies of the audit report shall be sent to the Authority, and, with the comments of the Authority, to the Government and shall also be available for public inspection. The Authority shall carry out any directive issued by the Government for rectification of an audit objection.

CHAPTER VII

REGULATIONS

29. Regulations. For the purpose of carrying into effect the provisions of this Act, the Authority may with the approval of the Government, frame such Regulations as it may consider necessary or expedient.

30. Repeal. The West Pakistan Water and Power Development Authority Ordinance, 1958, is hereby repealed.

The West Pakistan Water and Power Development Authority (Chairman and Members’) Service Rules, 1972

 

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