2011
(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 Punjab;
(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 Punjab;
(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
PUNJAB POWER DEVELOPMENT BOARD
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 Lahore and may set up a sub-office at
any place in the Province.
4.
Composition
of the Board.−
(1) Subject to this section, the Government shall appoint the Chairman and ten
other members.
(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 Punjab.
(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)TheGovernment
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 nonconventional
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.
Punjab Power
Development Fund.−
(1) There shall be established a non-lapsable fund vested in the Board to be
known as the Punjab Power Development Fund for the purpose of meeting expenses
in connection with the functions and operations of the Board, committees and
organizations under this Act, including payment of salaries and other
remuneration payable to members, staff, experts, consultants, advisors and
other officers and employees of the Board, committees and the organizations.
(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 Punjab, and shall lay the report in the Provincial Assembly at
the earliest.
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 Punjab on 30 September 2011; and, was published in the Punjab Gazette
(Extraordinary), dated 3 October 2011, pages 37367-71.
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