Indus River System Authority Act, 1992 (Act No. XXII of 1992)

Cenlt .3.1 Stcnn cs 155 ACT XXII OF \?92 INDUS RrV~R SYSTEM AlITlIOJUTYAer, 1m An A ct to pro l!ideJOT th e: e!tQbJishrnen{ ofthe Indus River System AuthtJTiJy [Ga zeue of Pakisran, Extraordinary, Pari I, 10Ih December, 1992J T he fol lowing Act ofMajli.~-Shc~iI (P;lrliament) received the :u seot of t..':c Pruidenl on the (oth December, 1992 and i .. hereby publig,cJ for ~:.c.I ;" informalion: WhereaS it i...expedient 10 est.ablish the Indus River S)'$Ieol Authority fOt r:.gulating alld ·moniloriug the Ifulribu Liollo of warer $oW"CU or Ind us River ill...eo-dance with the water accord amoll~ the P~ oviacc.s and 10 provide for B1 :l.11C!"Seoenecrcd therewith and anc illary thereto; ,. . ;; .. It ishereby enacted as rollows::-. CHAPTER I PREUMINARY 1. . Short rltle, n Lrnt and ccmmeecemeet....{l) This Ad m il)' be called :"\C. Icdw..Rives System Authority Act, 1'J92. (2) II shall come into Icrcca! once. 1 Defin it loDs.·-ln {hi... Ad. unless tbere i.. anything rept:Cnanl in the loubl«1or Cofltcn. (a) -Authori ly" means the Indu !<o Ri'VC'· Sr--tc.DI AUlhori l)' est~he.d undtt seaion 3~ (h) -o3irm3n·.mcus lbe Chairman of the AUlhorily; (c) "memher- nlCil.n!O :I member or the Author ilY; teuus Ri\CfSystem AUlborilYAd. l W:! If·LD. (d) "prescribed" means pre.:.....,.i~d by ruJCK made under this. Ad. (e) "rulcs· meam rules made undCl" IhisAct; eed (I ) "Water Ac~rd" means tile agreement eatidcd "Apportionment ol the Waters of the Indus River Sr-JGm~D the ProviDces· signed by lht Provinces on the <ixteenrb dayofM",ch. 1991, aDd 'l'pr=d by the Council of Common In tcrest~ on tbe lWeoty-(jrl'J day of MaJ~ 1991. CHAPTER 11 AUTIJORITYAND ITS FUNCIlONS 3. CODStitutiGD of !be AuthoritY.-.4.1) As SOOn as may be afler the commcccemeet oC thisA~ the Felcr.11 Governmen! shall, by a ootiflC31iou in the onidaJ Gazette. csl3b1lsh 3D. autboriry to be known as the Indus River System Authority ror t;UTying out the purposes of this Ad. mThe Authority shall be • body corporate b>'ing pcrpclll<ll sccceasico and a common seal with power subjt:f1 to provisions of lh is Act 10 acquire and hold property, both movable and immovable. arid shall sue and be sued by the nam e assigned to it under sub5ectioo (1) . ·t Appointment and tu m or orote ofCbalnnAA DDd ~ew.be.rs.-.(t) The Aulhoriry shall consist or five members" one each 10 be nominated by each Province aed the Federal GO"'CJ1lm~t from amoegsr high·ranking engineers izI irrigat ion or re lated t:nsineering fleld1; . (2) The first Chairman sliall be the member nominated by (be Government of ·Baloclllstan (0 be rollowed by (he nominees 01 lbc Governments of NortJl·W\Zl fronlier Province, Punjab, SiDdh and the Federal Government and ~herearlcr in tbat order. (3) The tenn of office of the Chairman s.lullbeooe year and thai of a ::nembCr three years. . . (4) Any member :JraJl he e1ig.&bJe (or re-appcictmeet for one or more terms or for such shorter term as the Provinci.al GOVttnmcnf or. as the case may he. tbe Federal Govern.menl may decide. . . (5) The Chairman and any taember may, by wriling under his baud, addressed 10 the Secretary 10 the Government of Pakistan,. WOller and Power Diviw n, r~ign from his office: Provided that the resignation shall nel lake effect until it is accepted hy the Federal Goveremeet. (6) In the. absence of tbc \ :hairroan., . the member oeJi due for appointment as Chairm<ln shilll act :1.1 i.he Otairman . Vol ::LV.•I99Jj Central Statutes 151 :L i (7,) 10 tbe absence of a member representing a Province,. the ~t\ry, lrtigation Dcparlmeol of the Province shaJJ reprc.scnllhaJ Pcovioce. (8) In dM: absence of member nominated by Lhe Federal Goverument, the Chief Engineering Adviser Of his noetinee shall rep reseet the Federal Government. (9) The Chairman of tbe Water and Power De'Yelopmenr Autb ori ty and Cbief Engineering Adviser or Ih-eir nominees sLill be ex officio :nC111ben ufthe A~lthoriIY. bUI L"ey shall have eo'right to vote. 5. RemuneratioD and conditions or scnice.~Thc Cbairman.and every manb:.:r, shall receive such 'salary and allO'NaDCts and be subject 10 such mnilirir:us of service as may be prescribed ~d shall perform. such duties and fW1dioas asareassigned to them under this Act or by rules. 6. Removal of Chairma n or members."";The Federal Government may, by I1Otlfication in the offtcial Gazette, after providing 3.Q opponueiry of being beard and in consultation with the Provincial Government COQCUDed, remove the OuUrm3.0 or anymember, wbere :~ ~ (a) be refuses or tails tu diScbargc or, in the opinloD of the Federal (JQv:mmenl. becomes incapable of discharging his respoiwbiIitics; (b) be is declared insolvent by a c.om~tC:Pt Court; or (c) be isdeclared to be disqualirlCd for em ployment in. or has bun dismissed from.., l.hc service of Pak.isla.o or of PrtWiuce,. or has been"convicted byacompeient Court of an offence involving IDoraI"turpil,udC.. - . 1. MtttJngs or the Authority.-·(l ) The AuLhorily shall meet at least Dace in every month ~ such time and in such manner as may be specified by rtgilla~ons: Provided tha t until regulations arc: made in this behalf. such meetings slWl he convened by the Chairman as .he deems ueces.s.ary. ('2) The Chairman 3o nd" two othcJ- members entitled to vole shall rooszilUlc a quorum for a meeting of I hc Au~y. " 8. Powers Dod dulles of tht AulboritY'--':(1) The duties of the Authority Wall be 10-- . . ' (a) lay down tbe b;u~, for lbe reg uJation ~nd distribution of surface w:'~s' amongst the Prcvicccs acco rding 10 the atlocatioes and policies spell out in tbe Wafer Accord; (b) re,,;ew , and" ' ~pccify ~r 'and reservoir operalioo P3:llems aJ.ld P'ltiuc!ic:ally revic~ the sy:ucm of such operation; 158 Indus Ri....er System A!Uhority Act, 1992 W·LO. . (c) coor dina te aud .rcgl.llOllc Lbc :ldivitics of the Water and Fower ~ Di:\'dop ment Authority in I , e>-change or data between the Provinces ill coacccticn with the gauging and;recordWg of surface weter -Iiows, E'CJ'l:mmiOll.•- Actual observation and rompibtion of the data shaD be the respceslbduy of (he resp ective. Proeieces, Waler aed Power Developeaect : A ulho rity and other allied ocgceisatioes, while the process shall be': monitored by the Auth~rilY; (ti) deterenac priorities wilh reference to sub-clause (c) orclause 14 of tbe w otcr Acoori for rive. and reservoir operariocs for irrigation aad by dro-powcr rf'-<!uitclIlcnLSj (c) compi~ and review QDaJ withdrawal indents as received (rom the Provinces on $-da ily or. as t~ case may be. on tfl..Jaily basis and issue consolidated operational directives to Waler and Power Development Authority (or making such releases from reservoirs as the Authority may consider :tpprOpri3lCor con..a...ccnl with theW.tcr Accord; £.Jplanatioll,- -The d irect b es issued undcr this cla use .Yiall be binding · ulJOn WOller and Powc~ O"'·'..e lopm cnt Authority and the ProYinccs, and shall be roUowed in IcU~r acd spirit; (I) seute"any question that may arise between two or mere Provinces in respect or distribution or riYf' r and reservoir waters; and (g) consider and make recommendations 011 the availability.of water .:ag.:Unsz the allocated shares 01' the' PrO'o'iDc.es within three months of receipt oC' fully sub:;tantl:aled wate r account s for.all new water projects for the assistance:' of the Executive Ccmmiuee of the National Economic Council. (2) Any question in respcd of implcmcotali oJl. of Water Accord ~':ill . be seuled by the Authority by the voles of the majority of members and in case of an equality of voces, the~nIlao shall have a casting vote. . (3) A Provine .:!1 Government or Ihe Wat er and Power Development Authur ity may, if aggrieved by allY decision of the Authority, make a reference to the Counci l of Common Interests, . CHA PTER III . ADVISORYCOMMITfEE Y. Adv lloOI)' Cowmi tlte,·- The Author ity ~h:1 1I havc an Advisory Committee cn n'S.isting of tile r~!,lov.:ing;- . (,,) Chairman of theAt! tlJ~~IY. who shaU also be the OIairmaJI of Ibe Advis;l.-, Comea uce; (b) Member s O:r th e A~\I.') rily. Vol.XLV-- l9t.J31 Cen tral Statutes ~ I (c}.Chief EngieeeringAdviser to ~c Government of Pakistan; , (,I) Members, W,,!cr and Power Development Autbority, iucb .'I.rg.e of Waler :t'1.J Power Wjn~ . (e) Secretaries, Agriculture Departments ofihc Provinces; 3n~ (I) St:CTet:ui:..s, Irrigation Departments of the Provinces. 10. :\1l~tiDg.s or !he CommIUcc.-:-Tbe Advis.eofY CommiUcc sball meet at mtblime and place to consider such matters. as the Authority may from time 10 Lime. refer to it: Provided that the Ad'.ilOry Committee shall, at the start Qf each Qopping'season of Kharifand Rabi, hold its meetings without such reference. CHAM'ER IV ESTABUSIIMENT 11. Ht:adquartt n ' or the Autbority.-The Authority shall b;JVC its kidquarters at Lahore. . 12. Empl o)'IUrot oroIIi(' li!r$ and stafT.-(l) The Authority may, fro m time 10 time, employ such officers and other members of staff or appoint such aperu: and:eonsulrants as it may consider oeCQ.'i.3.1)I (or the performance of its fuaetiolUo:' ;:3 maybeprescribed. (2) 'l be Authority shall prescribe lhe: procedure (or appointment, terms and conditions or service o( its officers and members of staff, . experts and wnsullant::. and shall be oompetent (0 Lnke disciplinary action against its olI'lCCr3 and members of staff. . 13. Immunity or tht Authority aud U... em plo)'U3.--(l) The Chairman. members, officers and members of sralT shall be deemed 10 be publie~ts., within !~~ meaciog oC section 21 of the Pakistan PeQaI Code (Ad XLV or tiro). (2) ~o sui" prosecution or other legal proceedings shall lie against (he Aulhoril'J. the Chairman, members or officers and membcraof ktaff of LIte AtIhorily l:~ respect of anything done or intended w be done in good faith !Mer ,1$ Act. 14. Dc:!epLion Il)f pO'ftrS to aDd by ChairmaD.- The Authorily may, by pen! or special OI"de1,delegate to the Cb3irman, a member 01 o([teer 'of the A'JIlao,ity. all or any of il5powers, duties or fnnct ions wule, tlUi Ad subjcd: 10 weh conditions as it mayconsider iii 10 impose. C HAPTER V REPORTS AND STATEMENTS 15. SuLriJissioD of yta r1y reports aDd murns.- ·(l ) The Autborily shall, 160 lr••lus Riv(:r Syslem A c:tl.ority Ad. tm [p.LD. ane- t bl: close of midi croppi:~ season or Kba rif and Rabi, fum.i:Jr a Walti' ACCOur.l Repo rt to the Federal Gcveremcat with eccles thereof to I~ Provincial Governments and Watcr and Power Dt."\Ielopment Authority indicating Summary or tbe quantities ,of infbws aad supplies utilised by,lhc Provinces L, relation to their z.uthoriscd shares. (2) Observations OD the seasonal water Iorccast reports prepared by werer ~~PoWc:r Develop mcJJ( Authority and otha w,UGS faced durins :all seasons shall be iecorpcratedjn the: Water A«.oonts Report. (3) As soon as may be after the. end or every financialyear but before the last dey of Se ptember oext Icl lcwieg, the Authority shall submit tc tb e Fe d.::.ra! Government, a report with copies thereof 10 the ProvincialGovernment 'on aM co nduct of its a(fai rs for that )'C~. (4) TIle Federal Government may require the Authority to furnish ir wilh (a) any return, statement•. estimate, statistics or otbcr inrormatioll regarding any mutter .under the control of the Authority. aad (h) copies or everydocuments La t he cha:rge'~ftbc Authority. CHAPTER VI flNANClNG 16. f U!1d of AutLorill.- -(l ) Tbere &haD be a fWl.J to be koown as tht "Aulhorily Fund' vested in the Aulhorirywhich shaD be utilised by it. [0 metl: all expenses and charges in connection with its functions under th is Ad, including the payment of salaries and otber remunerations to lbe Autborily and (0 its officc:rs.·;md membe rs o f staff. (2) Tbc Author ity F'uru.l ...h·.J1 cons.i.l; ( of (a) grants made by 11u: Government; (It) loon obtained by the: Authority; and {e) all other sums received by the Authority, 17. U m lted liabllity.-- The liability of the Fede ral GO\lerwneul 10 IhI: creditors of the Authority shall be limited to lbe alent of grants made by.tbl: Federal Governraem and t!':~ Jeans raised by the Auth ority as guara.otet4 bj the Federal Government 18. M lUDten::l.Dce or M .;'ounb.-The Aulhority sN.lI ma intain complttt and accurate books. or .accounta in Ihe form to be prescribed by th e AudilOl' General of Pakistan 19. 4nnual Stat~fQent or At:cODots.--ln lhe month orJa nuary cadi")'W, Yo..\t,.y-19'l3! ., Central Statutes 161 lbe :~ll lhor ity ~aU $ubroil to (be Federal G~rnmen4 lor approval, .a ~t.'r;lll of the esrlma ted receipts and espendinces in respect of ocXl rl.ll.1.fJci:l1 year, 20. Aud il. -(l) The aCCOUDU of the Authority shall be aud ited ~ry )'C<'l r I byl l~ Audi!or.Gcner~ pf Pakistap. in such maaner as may be specified. .' : . . , (2) Copies 01 Lhe audit report~I be sea t 10 the Authority whkh $hall. aIon~lh its eemments, pre..-.enl 10 the Federal G~rmnenl and ~alI also makr; " "available Cor public inspection. 01:The Authority mall carl}' out any direct ive issued bY the Federal Government for rectification of an audit nbjection. CHAPTER VI! MISCELLANEOUS 21. Rules.·-Th e Federal Government may make rules to urry out IDe purposes c l ihls Acr. 12 · Ilq:uIaUoR.'J.--{l ) The AUlborily may mak e rcgulat.ioo.s <:ons~eDt willi thiS Ad lind the rules fram ed thercunder (or the pwpos.e of giving elTect 10 lh.~ provisions of thisAct . (2) In particular and without prejudice to the generality or the aforegoing provi~;ons. such regulations m:'ly provide (or all 01 any of the following matters, lL1IIIely: (a) tbe rcaneer in wh ich [be meelil'gs of the Autbority C3D be COIl~C'led and heldand the proced ure to be followed thereat; and (b) formation of committees and CODduct or business ia ~ucb tommillcu.