Balochistan Water and Sanitation Authority Act, 1989 (No. IX of 1989)

EXTRAORDINARY RBGISTERED N().~ \ THE 8ALOCHISTAN GAZETTE. PUBLISHED flY AUTHORITY i NO.! 159 QUETTA WEDNESDAY- SEPTEMBER 27, 1989. (G.P.Q)335-100-Copies-l0/89. BALOCHISTAN PROVINCIAL ASSEMBL Y SECRETA RIA T. NOTIFICATION. Dated Ouette, the erm September, 1989. No,PAB/LEGIS: III (8)/89. The Balochistan Water and Sanitation Authority' ,IBill, 1989 ,havihg been passed by, the Provincial Assembly of Baloch/stan on' 10th july: 1989 and assented to by the Governor of Balochistan, is hereby published as an Act of I the Provincial Assembly. •.". . THE 'BALOCHISTAN' WATER AND SANITATION AUTHORITY ACT, 1989. (!!ALOCHISTAN ACT NO, IX OF 1989). (First published after having received the -assent,of ~he Governor of Bstochisten in the Balochistan Gazette (Extra Ordinary) dated 27th September, 1989, " AN ACT , , I to provide for the establishment 'of a Ware':and Sanitation Authority forf.!!i!T£Baloch~s~,!-?i: ; . - . Printed by the Ma'nager, Printing and Stationery Department, Government of BlJlochistan; Ouette. - I,' , Price RS.4o! I ~:prl;amble. .Shorttitte. Extent and Co'm:nencefT/e'nt. Dflfinitions: 2 WHEREAS it is expedient in the public interest to make provisions' fC?!-.the developmf!(lt of water supply, sewerage and sani tatio,:-~e ~:!ifI:integrated master plan by coordinating planning, design,"conurucitorcoperetton and maintenance of water suppIY,'sewerage aT!.d~",iita.ti9n;and for matters connected therewith or ancillary thereto: It is hereby enected as toltowst-« . CHAPTER.-I PRELIMINARY; 1. (1) 'This Act may be called the Ba(gpbistan Water end Seni-: tationAuthority Act, 1989.. (2) It extends ito all cities)in the Province of Balochistan having a population of one lac or more, and to such other areas which the Government may by notification in the official Gazelle notify from time to time. 18) It shall come into force at once, and shall be deemed to . have taken ettect.trom 16th April, 1989. o.'.' . 2.' (1) In this Act unless there is anything repugnant in the subject or context :-, (a), (b) (c) (d) "Area" means the extent of applicability of the Act as' provided under Section 112); . - , '. ",:,:-- ,,~I. . . "Authority" means the E{ilQc/listin Water end Sanitation Authority; "Belochiston Development Autboritv'rmeens the Autho rity constituted under the Belochisten Development Authority Act, 1974 (X of 1974); "Board" me.'!~s the Board of the Authority constituted , under Section 5; (e) "Chairman" means the Chairman of the Board, appoin '. ted under Section 6; (f) '(Deputy--Commissione1j means the Deputy Commiss io;;;rola-ReVerii.:e-Di'Scrict; (gl (h) tn 3 "G overnmen r: means thej;;};iyetrm..1ifjitffi/iiliio.cbYfJlflJf "Government Agency" 'means a statutory body created,' by and responsible to the Provincial Government; "Industrial waste" means any liquid, either with or.... . ", t without particles of matter in suspension therein, which I is wholly or in part produced in' the course of any tradeI or industry, but does not include domestic sewage; I, , "Liconce't meens a licence granted under this Act;, , ,/ (k) "Member" means a niember 'of the' Board including the .Chairman. and, the Managinp Director; (I) (ml (n) (0) [p} (ql ir) "Province" means the Provinceof Balochistan; "Quetta Development Authority" means, the Authority constituted under the, Ouetts Development, Autboritv 'ordinani:e,1978 (IV of 19781; , ' "Requtetiorts" 'means regulations made under this Act; "Rules" m~ans,jules framed under this Act; "Sanitation" means selt-conteined systems for 'the .re . .' '. . I 1 ' moval of sewage from properties and includes latrines; , . I "Sewage;' means any liquid, 'either with or without particles of matter in suspension therein, ';'1hich is wholly produced by' the domestic use of water in a communitv; "Sewerage;' 'means the system of pipes or sewers.used , for ,cof1veyance, of sewage or industrial wsste -trom domestic, trade or industrial properties. (2) All .words and expressions not defined in this Act and del.ned in the Belochisten Local Government Ordinance, ;1980,.,.01''of 1,' .'. i" ""'':i'...k,t.. ?980), shall have the same meanings as respectively assignGJ to -them under the said Ordinance. " 'Establishment· ofa;., 'Authority. Management. '. .Constitution f " . . . . :·ofaBoard. 4 CI-fAPTER-1i CONSTITUTION OF THE AUTHORITY 3. There shall be an Authority which shall be a body corporate in the name of the Btlfil1:fl/!itih Water and Sanitation Authority halting.' perpetual succession and .a common seal, with powers to acquire and hold property, both movable and. immovable, and be sue o~ be sued by the said name., 4. . (1) The Jeneral direction and administration of the ar;;:;..;; of the Authority and the determination of its general policy 'sf,'all vest in the Board which may exercise all such powers and functions . .' "'1' or, which may be exercised or done by the Authority in accordance with the provisions of"" Act. I (2) The Board in discharging its functions shall act on gen· erally'· accepted principles of development, execution, regulation, operation and maintenance 0 f water supply, sewerage and ~,!nitation , . .' ., ,,". .. . . (, -.--, ,schemes to improve the levels of service to persons III the ~UJ.ho!:.'!y..§1 ;fiij}with special reqsrd to the improvement of health and hygiene. 'to . I" 5. -", (1) The Board shall consist of a Chairman, a Ma.naging Director, Secretary and six other Members; vjr: ..." . '[ (a)", Secretary, Local Government Department; 'j I 1 11 jli"T I (iJ) :Secretary, Public HealthEngineering Department; : ," 'ji' f (c) : Secretary, Finance Department; (f) Director General, Ouette Development Authority. . (2) If any of the Government Departments or Agencies referred to in sub-section (1) above shall cease to exist by virtue of a chenqe of name or by dissolution, the Provincial Government (shall appoint a representative of such successor, Government Deport ments or Agencies as it deems fit. 5 (3) The GovernmefJJ!shall appoint a representative of such other Municipal' Corporations as may come under the jurisdiction ~f this Act ifiaifiJiiiCj,,-'thrireto'as and when it deemslit. (4) , The Managing Director shall be a whole time Member. (5) The Secretary of the Board shall be the Director Admin· istrstion of the Aut,!grity<, 6. ' The Govemmeiii?'of}BalocJi,stall may' appoint the Additionyl Chief Secretary (Develop'ment), Planning.and Developmemii;p;rt-'• ' ~ .. ..-.. , , • . r ment, as Chairman of the Board:...... -......- . Appointment' ' ~... ' >I.::..j-Chairman. , , Meetmgsof the Board. , 7. (1r' .The meetings of the Board shall be held : 1 ! ,,':', , . (a) at intervals of not less than once in each month; and :: r· (b) at such times and at such places as may be prescribed byregulations; ... ' ',j, Provided that until such 'regulations are made, such meetings, shall be convened by the Chairman. (2) No business shall be transacted ; (a) at 'an ordinary meeting, unless a quorum of one-third, of the total number of the members is present; (b) at a special meeting, unless a quorum of one-half of , the total number a (members is present. , (3) ....The Chairman shall preside over every meeting in which he is present, and if the Chairman is absent from a,meeting, a member of the Board present and chosen by the Members present for the purpose shall preside over the meeting. (4) Each Member, including the Chairman, shall have one vote, and in the event of an equality of votes, the Chairman shall have a casting vote. . " ' I!'" Appointment of Managing Director. 8., (1) (a) , The Managing Director shalf);- be appointed by the G)/fieF;nm'eriJ; on such terms and conditions as may be determined by the G,§iierniiiiiJ.r; \ (b) 6 : hold office for a period of three years, except for the iirst ,aiJpoirlt;'ent following the enactment 0; this Act whiCh s/,ouidbe for a period ot six yearS; (c) Appointment oiMembers. exercise suet: powers and perform such functions as . I . " I. . .' may be pfescribed by the Bosrd. (2) When the Managing 'Director is on leave or is absent or oUfsidejakistan, the Chief Engineer (DeputY Managing Director, .;.;:~t:';>~)':i:"3.;'''''''', .~ .' .. ' . . . . " . . :BaJiJEljistiini"Water and sanitation Authority) shall exerr:ise the fv"c, ti~;;;ofthe Managi~g[)ir'eCto~, .. 9..., '. il) Every Member other than the Chairman and Managing Director shail :- .' ia)' ';~/d office for a period of three years unless earlier .removed, and may be reappointed thereafter for such period or pedods, not exceeding three years at a time, as the ifbW!.IJ.i,Tle'1t.m~y in eech case determine; (b) receiv~ such remuneretion, fees or allowancesasmay be prescribed by regulations of the Board or as the Govern ment may determine; and ., @, pe~foim.su.Ch tunctions and duties as may be prescribed .by reguifltio1l.s Of the Board or as .the Government may determine, (2)..; A' caSual vacancy in the office of a Member shall be filled ;;; b0iie1J~~iri1ihf~~and the person appointed ag~inst such vacancy'shall Mid aMce tar the ;mexpi;ed period of the term o'f his predecessor. . . ., (3F ivo persons may be, or may continue to be a member who: (;j) is of; at any time, has been convicted of an offence Involving moral turpitude., Ibl' . is or, ~t anV'time; has been adjudicated insolvent; Offices of the Authority. 7 [d} has ii Nnancial interest or a i:oniliering interest in any' scheme of the AiJthoriry, directly or indirectly; and has failed to.disclose such Interest in writing to the Governmeii: . /,0. '. The .~~~!iJ..:!!..al~.esfabli~~ ...~;~ead ~fii~e in .diiet~~d,1 "iljayesrab1lsfi regIOnal offIces in otfier cltleSWtlh"the-prlor'approvalj of the G~Wtdl~mtu CHAPTER iii POWERS ANd FUNCTioNs OF THE AUtHORIty GUiding principii! fa; actions and decisions af the Authdrity. 11. the AUthiMtyshall, in exercisiiig pow/Ii;s and functions under this Act, haite .regard to, thehiialth and iiviH(;jje of all tilii people iii its area, for the importance of prOvii:Jiiig iiri adeijuatii supply of potablii Wiicedo meet the basic heeds of iiil people; arid for eliminating wacer-borne i:iiseases' thrdiigh fhe provision of eiieD:: 'rive sewehige iincfsanitacibii ;jtstems. . (a) initiate aria maiijt,!in a continuous process of compfiHiensiiifi development Planning 01 water SUPPlY, .seiiitilFiJgii aM saHi;·· tation i;nHeArea~ Functions ot the Authority; .i2. the fiini::tiori~ oft/JiAuthdrity sii~li be'td: (b) plah, desigh, construct, operate end maihtaifj water stipiiIY; . sewerage ~ncf sanitation systems witliiii tiie SOiiticeaf~;r(H the iiif!PiilfHi{f{i;Waier arid Siin/tiIiidn Authority fij lie establisHed under Section j 0; this Act; . , (e) eStablish, mairitain and periodicaliy revisii as necessary, plan; hihg conCrols, design and I:bhstruEfiohl:ritiii-iiJ, .aiid r~jjiacidi1s fa; water supply, sewerage iind sahitati6fiservif:eS~fof rhiiAt;;;J'" to :- .I (f) provide appropriate design' standards . and protecc public healtH,; (ii) ensure complisnce with the' deveidpmerit plans of. the Atiihiirlryi (d) (e)' , 8 approve all proposed new, extension or rehabilitation works 'on tile' water supply, sewerage and sanitation systems in the Area' whether: owned and carried out by the Auth"O;:;i;' ~-.., . Government Departments or Development Agencies, private developers or individual consumers; monitor and control water resources/in the Area,\both surface . . \- '. ....-. ,.• 'and underground, and issue licences torebstrection of water ~.. ..---: from such resources-in'the Areii'in accordance with requtetions \.. ./ , made by the AuthoritY;·-",,",:, takeover 'owni!rShip'and responsibility for all services pertain ing to water supply, sewerage and sanitation from Municipal Corporations of cities: as defined in 'this Act, Ouetta Develop ment A~thority and any other organisations ~ithi;' 'th~ !A~ea) 'ii~Cept ';uch systems-·coriiioti;;7i-by· theCa;m;;)ment &;'a~d or Pakistan Railways; 'pr'epare end implement' any other scheme .assigned to the Authority by tti~ R(()v,[r!ci?UJJ?y.einfJIent/and Power: of the' Authority to . 'make Rulesend. .' ~'~'.; ,'t. , .•.• , .. -,. , Begl!(ari9.n~., '(h)' appropriate; collect or recover rates, charges or fees for "~ater supply;' sewersqeend sanitation services, Including so far aspracticable erreers thereof. 13. (1)' The Authority may make rules and regulations, with, . - ..... '" ' . ..' .-.. -. - ", the previous approval of the Government, not 'inconsistent with this Act.tto pr:iJJide. for all Regulations'matters f~r which provisiorfl Js n.~ce,ssarY p,: expedient fo~ the': purpose of giving ~ffect to the . \ -. . . ,..... ...... . provisions of this Act; .~ .' . .' " (2). in perticulsr and without prejudice to the generality of. the powerinsub-section (1) the Authority may make requletions .to provide for the, installation, operation and maintenance of water supply, seWerage and sanitation service including:-. .' : -. . " (i) procedures for applying for and providing connections fo.;,~~at,er ,supply, sewerage and sanitation systems in ", • I theAree; (ii) , ,specification of design stsndenrds, construction meth ods 'and fT/ateria!.s for: water supply and sanitary pipe work, fixtures and fittings;. ' 9 "(iii) ,. s6ec:ifications and procedures for installation and msin-: tenence of intern~"pipewdrk,fixtures and fittings; (iv } (v ) (vi) (vii) measures toprotect wate,"resources and water supptv: systems from sources of contamination or pollution,:', • • t . .. ., control of the discharge of industrial wastes tosewerirlJe snd sanitation systems; powers '0 f inspection' and enforcement; and licensingof contractors. Power to issue Licences. Government Agencies and Departments. r:;;-:','ers to set Charges and recover Revenue. 14. The Authority shall have the power to issue, refuse to Issue, alter or revoke licences in respect of any matter for which licences ,are required underthisAct: 15. (1) Government Agencies and Departments carrying 'out water supply, sewerage and Sanitation works under the eutborlty 'of statutory' powers and functions or the, Rules of Business of the {$7ifi:'WTinf'shall, do so in. eccordsnce. withsuch requlstions as are made by the Authority in persuence of this Act. , (2) The Authority' shall-have powers to issue directives to Govern-; ment Agencies' and' Departments to eosurecomptisnce with the' regulations made by the Authority in persuance of this Act. :--." . 16. The Authority shall have all necessery powers to set charges" and recover revenues for the services it provides uniJerthisAi:t and shetl:-: " (a) ssnction and implement schedules of weter wpply, sewerage and sanitation tariff rates and charges with the approval'of the fj'0r7e;,jinen.t;~ " , " (b), . Collect or recover rates, charges 0; fees for water supply; ,sewerage and sanfiaiion' Service, including arrears 'th~rtfof; (c}have the po~~r to reduce, suspend or disconnect the water supply in the event of contrevention of the provisions of this '., Act or regulations;. Provision of Services. Powea of· 'Entry> .. J •',. -, .Control of. . . . . ,DiscJlarges. 10 {dl, have the power to impose surcharge, not exceeding double. the amount due, if rates, charges or fees for water supply, ·:~werage or sanitation service or the arrears thereof are not paid within the, time fixed by the Authority. 17. (1) The Autho'rity may undertake construction, improve , meat, maintenance and operation of ; (i) water supply works including wells and recharge facili ties for collecting, purifying, pumping, storing and distributing water to all types of customer; (ii) sewerage works forcollecting,pumping, treating and disposing ofsewageand industrial waste;. . , (iii) sanitation works for collecting and disposing of sewage 1"'1' . from properties not having access to sewerage service. (2) The Authority may review the eXlstmg schemes or prepare new schemes relating to water supply, sewerage end sani tation works and undertake execution thereof. ,. I " ." 18. . (1):' The Authority shall have the powers to authorise its ·employees and contractors to enter any land, house or other building and to carry out, in, on, under or over that land, house or other . building any action necessary to facilitate the. execution of its duty Under Section 12 and enforce rules or regulations made under · Section 13.. ," . (2) Where entry 'u~d~r sub-section (1) above is refused by the owner or occupier of the said land, house or building, the Author . . " . •. I .' ".' ity· may apply to a Magistrate lor all. order to enable such entry 'to be.carried out. 19. (1) No industrial waste shall be discharged into the Author ity.'s sewerage or sanitation systems without the consent ;)f person 'or Persons res~nsible for .. or having control of that industrial waste: first,c?/:}.taining a licence from the Authority permitting the discharge of that industrial waste into the systems.· . ~ .~. ., . . . (2) No sewage, treated' or untreated, or industrial waste shall be discharged'into surface or underground waters in the Area '01/ . - •.~,- ¥ without the consent person or oersonsresponsibte for the discharge Regulation of Water Supply. Delegation. Committees., Waterand ~anitation Authority Fund. 11 of those wastes first obtaining a licence from the Authority per-' mining that discharge. 20. in times of water ~h~~tage or other emergency thereby limiting the availability of water' supplies, the Authority may take such, action as is necessaty to, regulate the water supply to consumers ~ ----- .(in t'!.(u?[ea:~) ,'--~ 21. The Board may, by general or special order, delegate to 'the, Chairman, Managing Director, a Committee constituted under Section 22, a Member or officer of the Authority any of its powers, duties or functions under this Act or the rules and regulations made thereunder subject 'to such conditions as it. may deem, fit to impose., 22. The Board may constitute such financial, technical and advi sory committees as may be deemed necessary for carrying out the purposes of this Act end such committees shall exercise such powers, 'and perform such functions as may be delegated or assigned to them by the Board. CHAPTER IV FINANCE 23. (1) There shall be Iormed a tund to be known as the uBal.oplifs,t{Jn Water and Sanitation Authority Fund" which shall vest in the Authority and' shall be utilised by the Authority in ,connection with its functions under this Act including the payment of salaries and other remunerations to the duly appointed members, officers, servants, experts and consultants of the Authority. (2) Sanitation (a) (b) (c) There shall be credited to the Baloch/sftin Water and Authority Fund;- ,:""" , , grants and loans made by the Pfoiiib.l:ial,i:Government. .,~",--~.,""",,---. .., all moneys received from F~eral Government or any international agency by way of grants,: 'loans, advances or otherwise' '" I ". ' al/ fees, rat~s" a,'?q qharges received by the Authority under the Act;' ' Revenue from .Government. Powers .to : lnvest. Powers to , I " B qrrow money., 12 (d) all moneys receivedby the Authority from the disposal of lands, buildings and other properties movable end immovebte: and (el.: all other sumsreceivsbte by the Authority. 24. ,In the case of a deficit in the revenue of the Authority, 'the Go-~(irriirifmtsliallprovide, from its own revenues or from any other , .' '. •.-'. "I·,,' 0 I" . . sources, such sum as may be necessary for the efficient performance ofthe functions of the Authority under this Act., . . '. I' I 25. The Authority may' keep in the current account of any sche duled bank or banks such sums as may be prescribed by Provincial 'Go~~rnment and any amount in excess of the said amount shall be invested on deposit in any scheduled bank or,banks or in. any secu rity ottbe.Federsl Government or[jrqYi.:rp~~rG.g~'/;r;;;~;!,t'ior in any ,security thet hasbeen declared as approved security by the Provincial Government and the Authority sheil , receive the interest on such deposits and securities. 26. The Authority may, from time to time, with the previous' sanction of th~'\Government; and on such terms and conditions as inay be approved by thetGovernment borrow money necessary for the purpose of defraying any cost, charges or expenses incurred or to be incurred: (a) :" (or the ex~cution of any 'Act; works authorised' by or under this (b) . \ , . , . , for 'payment of compensation for any land acquired for the purpose otthis Act; , Acccunts. Audit. (c) for the payment of any' loan raised under this Act or trans "torrod to the Authority under the provisions of this Act; or ,ld)lorany other purpose within the intent of this Act. ,.' . . 27.~' ' The Authority shall maint~in proper accounts and other retovent records in such' form as may be prescribed by the Board "and approved by the Government. """'-'. 28. (1) The Authority shall appoint Auditors who shall be chartered Auditors within the meaning of the Chartered Accountants Ordinsnce, 1961 IX of 1961). ~ '1nnual Report and Budget Proposals. 13 (2/ A statement of accounts in the prescribed form audited , by the Auditors, referred..to in the. preceding's~b.sectionshall be furnished to the Government as soon as.convenienttv possible an.d not later than three, months after the end, of, every financial veer. . • "j (3/ It shall be open to the Government to authorise the y ",,;. , '. \ Government Auditors to conduct a test or other audit of the ecco-. urns submitted to it in the torm prescrii;edunder Section 27 on 'such terms aridconditions as the Governme~t'ri1av (ietermine: .: , . \..' "{ . 29. The Authority shall, withinr/hreemonths after the end or every financial veer, 'submit to the-Government an annual report on , the conduct of its affairs for the year. It shall also prepare and, submit its proposals and' budget "estimates for the' next ensuing yeer at least one month before the commencement of such year., CHAPTER V ,I Bulk Water Supply, SUPPLY OF WA TER AND EXECUTION OF SCHEMES 30. The Authority' may make bulk water' supply available to. 'consumers outside-Its area at'such rates arid subiect to such terms a/;d conditions as may'be deterinined by the Authority: ' Provided that until such terms and conditions and/or quantity of water is determined, the Authority shall continue the bulk 'wa'i~;' supply according to the arrangements e;istlng immediately befo/e the commencement-of this Act. ' . Mains, Aqueducts etc.' 31.' (1) The Authority or any person authorised by it shstt: have the power to plaCe and maintain equeducts, conduits and lines of mains, drains, sewers or pipes over-under, along or across any immovable property .'w;thout acquiring such property, and to enter on such property' fo,r"the pumos« of examining, repairing, altering or removing any aqueducts, conduits or lines' of mains, sewers or pipes. Pr.ovided that the Authority"shall not,' except as otherwise required under this Act, acquire any rifflt other than the power aforesaid. , (2) , The power conferred by. sub-section Ul-shall-not-be 'exerciseable in,res';ectof~nipr'opimy' ite;t'ed i~~nder the control. r0~~~~~~~'9 ,( ot Schemes. 14 a{:m<lnagement of the Federal Government or Provincial Govern. ment or '~ny "peal authority or Rai/way Administration save with 'the', prior permission of such Government or local authority or Railway Administration. ,'Prolliqed that such permission shall not be necessary if any r~pai;;, ;e~/acfN!lent, removal ~r" "i"pr~vement in connect ion with w.~'ter;Jn/ ;/a~it<Jiion ~orics is required to be;"ade urgently in order to maintain the service witbou i interruption or for averting danger ,N,human life or property. (3) ,The Autho(ity or I any person eutborised by it shall, ~b[le, eJ,<.,prt;ising the power under this section, r;ause as little dam~ge .alJcf, i,!c.on~elJie,!~e, a~ possible... and il a,?~ 'dal"age or inconvenience is actuettv caused, a reasonable compensation as may tie determined by the Authority, or by a person appointed by it in .this behslt, shett be paidIor such damages'or inconvenience. (4) In' the case of disagreement between the Authority end the person to whom damages are due, the amount of compen •-: . ~; i.::;:. I: ' .',; " sstion sball be determined by arbitrator. ippointed for tbe purpose kytll(;'AiJtboritv"qnd "tbe cleinuuu, and sbail be a/nding on tne",.,., ,'-,",",' , , parties, ',:"'-;' 32. (1):' All water supply, se";'erag~ and senitetion schemes p~ep'~;¢. t/y ti;~:A;;thPdiy 'irh,~dig/J#~fe witn Section 12 of this Act shiHI be submitted ~p the\'q~vernrnert for its approval" exce~~ those sctiemes, the proyisionet estimsted 'cost of which does r,ur ,e~c[!t.lqfUCh,'," limit as n/iJ,l:'oe~,' P,(~C.'.ib",ed, by or for IIIIhicbna 10;Jn 9r grflnt is reqIJirgf from tM'Gov!(IJIT!ent" , ,}2l; T,hft AUthtirity ~hiJl( publi~h. tbe sanctioning of any such schemes "in the ofliciilt'Gazette and shall forthwith proceed to. \ .~, ' " '.' " e~fJr::lite the ~~fTJfJ,. ," .' ',' ', .... , (3) The publication of a sanction under sub-section (21, shillU~e cpnc!/Jsivli evidence that the scheme has been duly framed : . ' ". . .', .. ".' .'" "" ... "" . , . . 1[I(lc!sf/nctiofWd, (4) .' No pfanning or development scheme shall be prepared by <lny person or locet body or Government Department/Agency 'within "'thel area except 'With the concurrence 'of the Authoritv. Modification ofSchemes. Power to Execute any Scheme. Land Acquisition: . i' Employment. Transfer of certain Ernptoyees. 15 33. Any. scheme. prepared under. this Act may, at any time, be nmended or modified by the Authority inthe same menner as may be prescribed for the preparation of sscbeme... 34. (1) . Where the Authority. is satisfied that any. approval • ,j I • given by it under Section 12of'this Act with regard to any water supply, sewerage or senitetion scheme carried aut by Government Departmflnts or, Development. Agencies has 'not been carried aut by the Government Department or Agency; the Authority may, itself, undertake any works for the execution of that scheme and the .cost thereof shall be borne, by, the. Government DepiJrtment or Agency and in the event of disagreement, as' maybe determined by the Government. (2) Where any work isunderrakenby the Authority under sub-section (1), it shall be deemed torbeve, for the purposes of execution of such work" all the .powers which may be exercised, under any law for the time being in force, by the Government Department or Agency concerne<:!. 35. Any land within the .~~ea:,may be liable for acquisition by the Authority at any time for discharging of any of its functions under this Act in accordance with the provision .of the Land Acquisition . Act, 1894. . CHAPTER VI. fjMPLOYEES OF THE AUTHORITY. 36 OJ. The Authority may employ such officers, advisers, experts, consultants, deputetionists andemployees,.as· it constaen necessary for the efficient performance of its functions. , . " . '(2) . The terms and con~itions of ematovmont under sub section rt) above shall be determin~d by rules framed under this Act by the AuthWity for this purpose, .. ., 31. (T)' {01ployees of Munic'ip~1 Corporations serving in conn ection with the water supply and sewerage ~rvice may be trans ferred to" serve under the Authority es Government may direct and o~ such terms and conqittons as may be determined by" the Authority: " .Pen,altY;: Causing Damage toProPertyand Disobedience 'of" Offenders, ,:,', 16 Provided' that 'such terms' and conditions shall not be less 'favourable than-those. admissible to' such emalovees immediatelv before such transfer: \, ·'· ..<Provided 'furthe~·'th;jt the- employees' so transferred shall; until-the terms and conditions of service are determined underthis 'Act,'continue'to, be :governed' by the same terms and conditions 'as wereedmissiote to them immediately before such transfer, " ,"(2).:, , The previousservice of employees transferred from the Municipai' Corporations shall be deemed to be service in, th~ Authority, (3) Pension, gratuity and other service benefits admissible .to the -emptoyees 'of the Municipal Corporations, who retired or .died ,while serving in relation to water supply or sewerage service 'betorethe commencement of this Act, snsllbe the responsibility 'of the Authority, CHAPTER VII PENALTY 'AND 'PROCEDURE '38:' Whgever 'contravenes' any' provision of this Act or rules or regulations or licences made thereunder shall, if no other penalty is provided for such contravention, be punishable with imprisonment for, a term which may extend to six months or with fine or with 1 I' . both" 39, (1)' Whoever wilfully' causes damages or allows damage 'to ,'be caused to any property which vests in the Authority, or which ts intended to be acquired by the Authority, or unlawfully converts 'it "to' 'his 'bwn or any other person's use, shall be punishable with imprisonment for a term which may extend to one year, or with a fine 'not~excef!dingRupees two thousands, or with both, • ". \. ". .•.•. ..•. . ': ,:·.·.·1· • ",.' I (2) :',' Whoever refuses or wilfuliy 'neglects to' provide any , ' officer or servant of the Autnoritv with the means necessary for '~'nteiing iiito a~y premises fof'the purpose of collecting any infor "matid':'-"o,: making 'anexarrlination "or enquiry in relation to any "unhions':of the' Authority under this Act," shall be punishable '''!,,,Iti/imprisonment extendinqto one year orwith a fine not excee ding Rupef!s two thousends or with both. ....' ," 17 t>t Cognisances of Offence by Courts. Eviction and Removal. Members, 0 fficers and Employees to be Public Servants. (3) Whoever attempts 'to commit' or abets the ommission of an offence punishable under this Act, shall be deemed to ha~e committed that offence. (4) Any Magistrate empowered for the time beinqto try in ;j summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898, may, ifsuch Magis trate thinks fit, on application beIng made in this behalf by "me " prosecution, try an offence punishable under this Act; in accordan~e wttb the provisions contained in Sections 262 to 265 0" the' seid Code. 40. No court shall take cognIsance of any offence punishable under this Act except on a complaint made in writing by an officer, authorised for the purpose by the ,Authority: 41. (1) The{£f.Mu.tY;i;;'Corrimisij/"{ifi1r, or any person or the Authority authorised by the Deputy CommIssioner to act on his behalf, may summarily evict anyper-son who is-in un-authorised occupation of any land or property vested in the Authority, end 'may for such eviction use, such force as may be necessary.' .. (2) If any structure, work Or lahd Is erected or used in contravention of the provisions '01 this Act or any regulation made. thereunder, t;'~/P~piJfV::Tcb,,#{'iil7's"ffil/;;'~r, or any person or the ",. - .........\;.>~. Authorfty authorised by the i'/Jeputy'Ciiihrffissiorfer to act on his . • ,J.":• ...-rr-..-: -. - ~':ws. :. I , behalf, may by order iri writing 'require the owner, occupier;' user or person' in control of such structure, : work or land to remove or alter the structure or work or cease the use of the land. (3) If the owner, occupier, user or person In control faf/s" to comply with an order made under sub-section (2) above, the: Authority may carry OUt such actions as are necessary to ensure compliance with the said order and may recover' the costs of such action from 'the 'said owner, occupier, user or person in control thereof. CHAPTER VIII MISCELLANEOUS I J, / ". 42. The Chairman, Members of the Board, Managing Director; officers, servants, experts" and consultants of the Authority shall when actIng or purporting to act in pursuance of any of the provi sions of this Act be deemed to be public servants within the meaning, lmmiin;'ty' of the Authority and Jt~ ~.'J7p/()y£!.e~, ," Declaration of.. ,.;~' ,.' ·filjelitvand ,": Secrecy. J!.i~S?IIf,~~Of} o.f .the Authority:..~. .. -", '. 18 of Section 21 ,of th~ Pakistan Penal Code, 1860 (Act XL Vof 1860). 43.' 'No suit.tprosecuttooor any other legal proceeding shall lie ag<Jinst'the Authority, 'the' Chairman, the Managing Director, dni :/r1ej?be~",officer, servant, , expert or consultant of the Authority inrespect of anything done or intended to be done in good faith under this Act.-. ." . . , " 44.''(1), E!'ery Member of the Board, 'Chairman; Managing • • , '. 'll- Ir ' Director, officer, servant, expert and consultant of the Authority, before' entering 'upon his duties, shall make such declaration of fidelity and secrecy as may be prescribed by regulations. . '(2) Any Member of the Board, Including the Chairman,' Mahaging, Director, officer, servant, expert and consultant of the Authority who in the' opinion' of the' Authority has violated the declaration of fidelity or secrecy made by him under sub-section (1) shall be liable, after being given a reesonebto opportunity of .,., ••1.. . • I,., ., .' . . . showing cause against the action proposed to be taken with respect t~'hi'm>to'be forthwith removed from his 'office or post. ',' '; "," -, , ' "', ,(3) A'n'~ppeal against an order'or decision of the Authority under sub-section (2}flbove may be made by any party aggrieved .- • - -. , , I or ',affeC,ted by the' order or decision to the Government within t!Ji~ty 'dliys of the date'oi'c'o/nm'iJniciltl'tJ';:of the order or decision. 45., The'qtiVfi:nffj([rj't may by ·an"JJ.ce or Ordinance dissolve the Authority: On and from the,'dateo'f'dissolution ; . ,... , (a I (iJ ." . . all properties, funds and dues placed at the disposal of the Authority by the Government; and (ii) 'all properties, funds and dues exchanged for, deriveo : from or 'otherwise attributable to the properties, fund; 'and 'due~ r~ferred to in paragraph tt). which, i'mmediate)y"bf!fore said date, were held by or were realisable by, the Authority, sh'all vest in and bereeli sable by the Government; ,;,' ".'-. (b) all properties" iunds and dues, other than referred to in sub section (e}, which, immediately before the said date, were vested in or were realisable bvttte Authority shall vest in end be;realisable by such agency as the 'i,'"W!fIJJPjmt may deter mine, and its decision thereon shall be final; (c) (d) 19 all liabilities which, immediately before the said date, were enforceable against the Authority shall be assumed by and be enforceable against the Government,or such agency as the Government has determined under sub-section (b), as the case may be; , " for the purpose of completing the execution of any scheme sanctioned under th'i~ 'Act which has not 'b~n fully executed by the Authority and of realising properties, funds and dues referred to in sub-section- (a) and (b); the functions of the Authority and the Chairman of the Authority under this Act shall be discharged by the Government or by the agency determined by the Government under sub-section (b), ahd (c), as the case may be: . :.. Saving. ~al. 46. Any rules, regulations and orders' made, or. notifications issued, or land acquired, schemes prepsred or executed, rates and fees imposed, penalties or other' charges levied,. comrscts made, suits instituted by or against the Quetta Water and Sewerage Authority, created vide the Government oriialochistan notification No. P&D- RO(ODA) 9 (4) 72/86/6691-72 dated 20th March 1986, . • II , or any other right accrued, or liability incurred or action taken, or proceedings initiated, shall so far as tbev.sre consistent with the provisions of this Act, continue' in force and be deemed fo have been made, imposed, levied, entered into, instituted, prepared,' executed, accrued or incurred, taken and initiated by the Authority under this Act. 47. The 8alochistan Water and Sanitation Authority Ordinance, 1989 (XII of 1989), is hereby repealed. AKHTAR HUSAIN KHAN Secretary, ProvincialAssembly of Balochistan. *********.***