ALTERNATIVE ENERGY DEVELOPMENT BOARD ACT, 2010
ACT No. XIV OF
2010
[25th May, 2010]
An Act to provide for establishment of Alternative Energy Development
Board.
Whereas, it is expedient to provide for 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;
It is hereby enacted as follows: ___
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.---(1) This Act may be called the Alternative Energy
Development Board Act, 2010.
(2) It extends to the whole of Pakistan.
(3) It shall come
into force at once.
2. Definitions. ___In this Act, 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 environment friendly;
(b) "Board" means Alternative Energy
Development Board (AEDB) established under section 3;
(c) "Chairman" means the Chairman of the
Board;
(d) "Chief Executive Officer (CEO)" means the
Chief Executive Officer of the Board appointed under section 5;
(e) "Chief Secretary" means Chief Secretary of
a Province;
(f) "Fund" means the Alternative Energy Fund
(AEF) established under section 13;
(g) "Institute" means Institute of Alternative and
Renewable Energy Technologies established under section 11;
(h) "Member" means Member of the Board;
(i) "Organization" means
an organization of alternative and renewable energy established under section
10;
(j) "prescribed" means
prescribed by rules or regulations made under this Act;
(k) "President" means President of the Islamic
Republic of Pakistan;
(l) "Prime Minister", means Prime Minister of
the Islamic Republic of Pakistan.
(m) "Provincial Secretary" means a Secretary of
a Provincial Government;
(n) "regulations"
means the regulations made under this Act; and
(o) "rules" means the rules made
under this Act.
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 Act.
(2) The Board shall be a body corporate having
perpetual succession and a common seal, with administrative and financial
powers, subject to the provisions of this Act, 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 13oard shall be at
Islamabad and the Board may set up sub-offices at such place or places as it
may deem necessary.
(4) The Board shall comprise of the Chairman and
Members.
4. Chairman of the Board. ___The Chairman of the Alternative
Energy Development Board shall be appointed by the Federal Government on such
terms and conditions as may be determined by the Federal Government.
5. Terms and
conditions of office of the Chief Executive Officer (CEO). ___ (1) The Chief Executive Officer
shall be appointed by the Federal Government and the terms and conditions of
the Chief Executive Officer, his remuneration and privileges shall be such as
may be determined by the Federal Government.
(2) The Chief Executive Officer shall be an eminent
engineering professional of known integrity, competence and expertise in
handling development projects.
(3) The Chief Executive Officer may resign from his
office by giving one month notice by writing under his own hand, addressed to
the Federal Government. The age of Chief Executive Officer shall not be more
than 65 years.
(4) The Chief Executive Officer will be answerable to
the Board for all administrative financial and technical matters-of
the Board. The Board may delegate such administrative and financial powers to
the Chief Executive Officer for carrying out day to day 'affairs of the Board.
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) Six Members from private sector, of whom at least three shall
be experts on alternative energy, as full-time Members to be appointed by the
Prime Minister on the recommendations of the Board;
(i) Chief Secretaries of the governments of Balochistan, Khyber Pakhtunkhwa,
Punjab and Sindh or their nominees, not below the
rank of Provincial Secretary; and
(j) The Chief Executive Officer of the AEDB.
(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 business of the Board shall be conducted as
prescribed.
(6) 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.
(7) In the absence of the Chairman, a Member
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.
(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.
8.
Functions of the Board. ___The functions of the Board, shall
be following, namely: ___
(a) 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;
(b) to act as a forum for evaluating, monitoring
and certification of alternative or renewable energy projects and products;
(c) to act as a coordinating agency for
commercial application of alternative or renewable technology; and
(d) to facilitate energy generation
through alternative or renewable energy resources by, ___
(i) 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;
(ii) setting up alternative and renewable energy projects on its 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;
(iii) conducting feasibility studies and
surveys to identify opportunities for power generation and other applications
through alternative and renewable energy resources;
(iv) 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);
(v) interacting and coordinating with
national and international agencies for promotion and development of
alternative energy;
(vi) assisting the development and
implementation of plans with concerned authorities and Provincial Governments
and special areas for off-grid electrification of rural areas; and
(vii) 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,
may 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 Act.
(3) An organization established under subsection (1)
shall perform such business as may be prescribed by regulations by the Board
for the purpose.
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) The 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.
(2) The officers, members of the staff, advisors,
consultants and experts and other persons appointed by the Board shall not 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 Act, or rules
and regulations, shall be deemed to be public servants within the meaning of
section 21 of the 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" for the purpose of meeting expenses in connection with the
functions and operations of the Board, Institute Projects and Organizations
under this Act, including payment of salaries and other remuneration payable to
the CEO, 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, directly or 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 from time to time;
(g) income from the sale of 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;
(i) all other sums
received or earned by the Board; and
(j) income from investments; receipts.
(3) The Alternative Energy Fund shall be kept in one
or more accounts maintained by the Board, in local or foreign currency in any
commercial bank in Pakistan and shall be operated in accordance with the
directions of the Board.
(4) The Federal 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. ___ (l) The Board, Institute and
Organizations, 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
Organizations 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
terms and conditions as the Board may determine.
(3) The Auditor 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 each year
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 Chief Executive Officer (CEO) subject to
such conditions and limitations, as it may prescribe.
(2) The Board may delegate all or any of its powers and
functions under this Act to any Member or officers 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 financial
year, the Chief Executive Officer 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 and the Federal Government
shall cause a copy of the report to be presented in the Committees of the
National Assembly and Senate and to be laid before the Parliament.
18. Power to make rules. ___ The
Federal Government may on the recommendations of the Board make rules to carry
out the purposes of this Act.
19. Power to make Regulations. ___ (1) The Board, may make regulations, not inconsistent with this
Act and the rules, to carry out the purposes of this Act.
(2) Without prejudice to the generality of the
foregoing provisions, the regulations may provide for, ___
(a) disciplinary proceedings and award of
punishments;
(b) terms and conditions along with
remuneration and privileges etc. appointments 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 of the Board;
(d) procedure for appointment of members
of different committees and laying down regulations for the conduct of their
business; and
(e) all or any of the matters, which by
this Act 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 Act.
21. Immunity
of the Board. ___ No suit, prosecution or other legal proceeding shall
lie against the Board, the Chairman, the Chief Executive Officer (CEO), the
Members, professionals, 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 Act.
22. Removal
of difficulties. ___ If
any difficulty aria 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
Act, the Alternative Energy Development Board established vide Notification
No.F.1/7/2003-Admn. II, dated 12th May 2003, hereinafter referred to as the
former Board, shall stand dissolved and upon such dissolution, ___
(a) all assets, rights, powers, authorities and privileges and
property, moveable and immoveable, 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;
(b) 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;
(c) all debts and obligations incurred or contracts entered into,
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
(d) 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, investment capital profit,
wealth, gifts or gains.
___________
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