Karachi Water and Sewerage Corporation Act, 2023 (Sindh Act No. XVIII of 2023)

EXTRAORDINARY Registered No. M324 Published by Authority KARACHI THUSDAY JULY 06, 2023 PART-IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE OST" JULY, 2023. NO.PAS/LEGIS-B·,06/2023-The Karachi Water and Sewerage Corporation BIii, 2023 h1111ing been passed by the Provindal Assembly of Sindh on 08"' June, 2023 and assented to by the Go11ernor of Sindh on 26th June, 2023 is hereby publlshed as an Act of the Legislature of Sindh. THI! KARACHI WATER AND SEWERAGE CORPORATION ACT, 2023 SINDH ACT NO. XVIII OF 2023, AN ACT tu provide for the establishment of Corpora.tioo known ~ the Karachi Water :md S.:werage c.orporation. WHEREAS it is expedient to provide for lbe establishment of Preamble a C'.o,poratioo known as the Karachi Water and Sewerage Corporation for O>e purposes of supplying potable w .. ter and disposing of sewage in the Klmu:hi Division and to provide for the matters ancillary thc:reio; It is hereby enacted as follows: Liv- 228 Ert-lV-18 (197) Price Rs. 320.00 198 THE SINDH Goyr. GAZE.TIE EXT, JULY 06. 201-J CHAYrnl•I PllELIMJ.NAR.Y PART-!Y I ( 1) TI1is Act 1?1J!Y be ci,lled lhe Karachi Wa.ter 1U1d Sewerage SllnrUNle,.ap11llcatlo11, Cofporntlon Act, :W23, 1111d comru ... t-tnt. (2) It -shall apply to the: o::nlire Knn:ebi Division md r.uch adt!itloolll areas ss may be uwfied by Go=~t. (3) 11 $hall cu,uc inlO fonx: at oneo 2 ln t.'u~ Act, unlc'iS there is anylbin,s repugnant in the sui,jc..1 or ..oniext, tlie foTl'>''Yi'lS c:xpn:&sioM shall have me me=ings hettby r.::iptcth cly ass1,med tu them. that is to scy: (i) "autouoruuus OJ ron.'lti1ucnt body" m= the Y..nraclti Port Tnm, Konchi Srupy..rd, a Cantorunenr Boatd. Amleu Forces of Paki~tan, o.n Industrial Arca or Zone. Port Qa,,im Authority, i'nkistan Rai.1"11.Yll, C1~1 AVUd.ioa Aull1ority, Nati11M1 Logisti,; Cell,, Nntional Highways Authority, l'ilista,, CU$tom.~ Direcior:l!c: of Fisberi~, Miruitcy nf Maritime Affair,, export Prooes.<ing Zone, Trading Zone. Pakistan Steel ¼!Is Corpomlion and any other Federal or P:ovincial nrgffllizatio.as eslAbli.~cd by jaw ot oolifierl by the l'C$pectivc Oovernment~ from 1imo: to time; (ii) ".Boanl~ mco.n~ the Board of Directors of the Coq,oration consllti.-tcd under w.'WOD S; (iii) "bulk water" rueans the ~ter pro~ icted by tlk, Corponrtivn to its oo1k con.<".llllcrs Oil a "-ohurletrk CX>llS\11llpbon b;is1s; J)dln:dll!I!. (iv) "Cbicf Ex~cutivc Officer• rnw,.s th.i Ch~f Execativc Officer of the CoqJOti>tion; (v) "CB()'' moan3 a cowm1111Jt:,-based org:mi2:11tioo within the service delivery Ar~; (vl) "Corporation" lll<:l!DS tnc Karachi Wnter 1wd Sewerage Corporation·estal.>lished uoder .section ·3; {vii) "com.umer" me11ru 1111y user of water supplied by the Cvrporatk,n; (viii) 'tl'J" mcnns the COl\.\"Ullter price index of Pakk:tan established by the, Pclcist::a B llft:n71 of Statisli~ of tb.e Government of P<lkiston; (~) ''Dqlamnent" means the Loc:ti Government Pile! Hou.sing Town Planning Dep.,rtment, Government of Sindli., which shrtl ~ the admiuisu~ Department of the Corpo,:ation: (>.j "cmpl(l)"'..e" me= an employee of the Corporai,oo; • • 199 THE SINDlj GOVT. GAztl1'£ EXT, .1.ID,Y ,. ,Q""6"". 2Q"""23:,c ,fu::.\R:-lL.:·:.1lY!.!. (xi) "Govcmmenl" m ean~ the Government flf Sindh; (x.:ii) wg.--oundwa:e.'' means tlie •water e:dracred from the subsoil within the Kar.1chi Division or othcr service areas of the Corpontion; (xiii) "industrial w~waicr' means lhe effiueut di!chargcd by BllY industry, (xiv) "infrostructme ~hemes" mceru W<iter anJ sewcr:ige networlc, fil trorion planl, wam water treatment plant, pumping station. reset'V()ir, chlorinaticn plants or faciUly, warer chMnel, well, wu1er mains, trunk scwe-rs anJ any allied itfrastrocture for provision of war.er il!ld sewerage servir.es; (xv) "Katc..'li Abadi" shall have the same mcaning as assigned to it unt!er the Sindh Katchi Ahadis Act, I 9ij7 (Acl No. Il of 1987); (xvi) "K,\-1<.;" means the K.ardcbi Metropolitan Corpollltion oonstinncd under the $ill(l11 Local Qove-;na.ent Act, 2013 (Sindh Act No.XLll of 2013); (xvii) "K WSB" mennD the Karachi Warer and Sewerage Board es.mbtished under the Karnchi Water and Sewer11ze Bo..rd Act, 1996 (Sindh Act No.X of 1996); (itvii1) uloc:111 body~ means a Council as defin"ti under clau.~ (xvii) of the Sindb Loc:il Govemme.at Act, 2013 (Simlh Act No.J.."LJI cf20l3). (:ux) "Member" m~ a Member of the Board; (/0\) ''!Mier" n,::ans eny apparatus approved by the Corpocation for measuring or displaying the volume of \>o-atcr supplied by 1t to any premises or to any of its lmll'. water aml retail customen;: (ni) "NOO" means e Non-Goverruncnt Orgon.iz.ntion registered with the ttlevant Dep:a.rtment of the Govem mCDt engaged in water supply and sewerage services in coopmltion with the Corporation under this Act: (xxii) "person" means a person, company, association, partnership, society. group. corporation, aulho1ity, autonomous or coortituem body. co-operative society, Govcmment A¥,ency, NGO, CBO or local body; (xxili) "PPP Node" means the P\tl>lic-Prh.ate P1utnership Node of the Corporation established under sec:ion 26; (xxiv) "regularions" means the regulations made under this Act; (xxv) "revenue limit," meruis the limits of Koracbi Revenue division or such area.~ outsi.de these limits as notified by Government from time to time; 200 THE SOO>H GOVT. GAZETTE EXT, .nJLY 06, 2023 PART-IV (iQcvi)"rules" mcans the rules wade under this Act; (X'Xvii) "scheme" means any project, plan of action or activity proposed or Wldertaken by the C..o;poralion or through any other person including through a public private partnership for the purposes of this Act; (xxvili) "Secretary~ meaM tJ;c Secretary of· the Board to be appointed by the Board. · (xxix) "sewage" m<!ans the human waste and any water contaminated by human or animal use and trade waste within the ~~ice delivery area; (=) kscn-ic~" means the prO\;,ion of water and sewernge facility tO the consumers including its maintenance by the Co1poralion; (xxxi) ",qcrvfoe delivery area" means the ores, where services are provided by the Corporation; (x)()(ii) "sewe.rage" meiins a sy~tem of .sewers for the colle~lion, tre:itment m>d the disposal of sewage within the service delivery area; (xxxiii) ''seWtt" means any pipe Ja- carrying or c:fisposa! af sewage within the service delivery area: (x.--ociv) "sewerage works" includes any sewer, duct, collection or treatment or disposal units, pumpiiis smtion, engines, mobile collecting unit llDd other rr.achinecy including any adjacent land not being private property and any land, buildini,; or equipment for the collection or treatment or disposal of sewage which may or may not be within the service delivery area; (XXXV) ''JMCn means a Town Municipal Co!pOTation as de1i ned in the Sindli Local Goverruueni Act 2013 (Sindh Act No.XLil of 2013), within 1he service delivery area; (lOOC\•i) " trade waste" means and includes any wastewater discharged as defined under s-.-.:tion 30; (xxxvii) "water supply" means the system f01' producing, tronlllllitting and distrihtrting treated or purified water to meet the requirements of consumers within the service delivery area; (xxxviii) "water supply network main" means a network of pipes bud by the Corporation, KWSB and/or a local body for the purpooe of providing the general supply of water within the service delivery area as distincl from the supply of water to aI1'j individual consumer and includes any apparatus used in connection with any pipe in such network; nnd 201 TIIB SINDff GOYI, GAZETTE CXT •. JULY 06. 20ZJ (xxxix) "waterworks" 111cludC9 all regulators. canals, tlmks, water regulating structures pumps, wells, reservoirs. dams, water tankers. valves, meters, mains. clusters, pipes, standpipes, hydrants and all land, buildings, filtration prnn1s, equipment Md machinery, bridg~. fucture.i; aud chattels used for or illteoded for the purposes of water supply. CHAl'TERll ESTABLISHMENT OF CORPORATION PART - IY 3. (I) Government shall. by noti&ation in the official Gazette, lncor-poratlo11. establish a Cnl]loration to be known as Karachi Water and Sewerage Corporation for catrying out 1he purposes of this Act. (2) The Corporation shall be a body oorp-0rate, having perpetual snccession and a common seal, with power, subject to the provisions of this Act, rules and regulations, tu acquire and hold property, both movabh; aud immov11hle and shall by its name sue and be sued. (~) Tht: territorial jurisdiction of the Corporation sh,dl extend ro the revenue limits of Lhe Karachi Division and to such area., outside its limits us may be notified by the Ooveromcnt. 4. (1) 11:e Corporation shall perform such functions and axercis1: Po"en and Functions such powers ltS may be necessary for carrying out the purposes uf tliis of <thu Corporation. Act. (2) \V-rthout prejudice to the generality of the powern and powers mentioned in sub-section (I), the Corporation shall have 1hc following,po-rs and fun.ctinns: (i) to operate on sound commercial practice and aim to ensure lhat its revenues are sufficient to provide for all operations and maintenan~ costs including a reasonable return on inves1ment; (ii) develop plans, including strategic plans fur effective and sustamablc delivery of potable water nnd &1:wage disposal services in a manner and on payment of fees a, may be pre3Cl'ibod, ond to grant consent for (a) water COUDCctions to consumers; (b) sewerage connections to trunk sewers; (c) sewerace services by suction and jetting trucks; ( d) ranker services receiving water from hydrants; (e) water ncy$!11D~ or r euse policy; and (f) climate change r esilience, flood control and water conservation strategy; 202 THE SINOH GOVT. GAZET[F. EXL JtlLY ~. 2013 PART-JV (iii) to propose surface wo1cr, ground water and sewcragi, tarilT:;, rate.q, char~cs aod fees by wn.y of c-001umplic,n and discharge, which, at a ma.,imwn. nre ncljt1stcd annually as pet CPI to lh,: Board for its 3PP-'0Val. (iv) to recommend ~o Gnvcroment fo, its approvol such water CUld sewerage tarifts lo be chnrge<l by the Corporntion greater ih:m tho'IC app<eved pun;uant to cla11sc (ili) ha.~ on a prot.:saiuml and i.&l.:pendent tariff shidy earned ou; for the Corporat100 wl,ich involve~ public consultations and cou;iders nffnrdabil.ity for low-income consumers, ( v) 10 collect and/or recover tariffs rnte. q, <:barges and fec1>, indulgmi; betterment fc.:s for water supply, ground water extraction and sewage services including arrean. thero:vf and otherwi~ ensure it. financial sust!UD3biliry; (vi) 10 incur t:--cpendiwrc and reco,er infrn.~troeturc t!evelopment d>..aiges from the bulk water c-.istomers. mcluding cllnsmner; (,1i) to develop and ensure implementation of strategies for reduction of non-revenue water by U1e management; (viii) to OUlSUl'TCe S\IJ:p]y of Wltc!l 11nd maintenan<:e of ,cwen>ge or any ~nci1!.,,y sen.icc includmg communications, complaint mMag.:menl nnd the recovery of w:iter Ullli'r f~,; le;td charges indudln~ nrrenrs from all consumers aJHl from the cousuwers in rurnl or katchi abnd is are,s of K;arnchl and such nddilioual :1reu as mny be uutified hy Go;ernment; (ix) 10 consider, reviP,\V and rccorume11d Public-Private P:irtmmhip proposals conceived or presented by the PPP Node or Pl'P unit 10 the PPP Policy Boa,tl or to e-.iny out puhJk private partnership proposal!! on Its O'fl'.D; (ic) to seek grants and loan guarantees tor the Corporation from the Government; (xi) to borrow as may be required for the purpo,e of meeting any capital expenditure and discharging its fuoclions under this Acl, from sou."'C'es wilhln or out~ide of Pakistan ;ubject to law, rule5 or regulatior.s; (xii) lo t slablish i1s own pro.;c<lures; (xiii) to review, nmend and n:viw the Corporation's schedule of es111b!ishment; (xiv) to grant licences. including liceoces related to land along ...,ith rigbl of way, and pttmits fot ~pecified period to bulk wecer cus1om~,s, puhlic-private pai1m:rsbip couce~ioners, and to persOHS or any other service provider acting on beb~lf of the Corporation and to ch~k thr water quality of the licen,u and issue ceniucates thereof, in a matlller prescribed: 203 THE SJNQUGOVI, GAZF.TT£ EXT, JULY 06,2023 (xv) to enter into agreement:; for providing wat<'J' and sewerage services 10 IT.ill: ·water customer.., industrial ar=,, commercfal 7.0!leL and wiOt public.private partner~hip coocesijiom:xs, and to any per.:on or any other service pro\1Ulet acting on behalf of the C'.orpomtion; (XY11 to tnke measures tor appropriate water supply and s;,we~e ~fV!ces 10 bulk Wlltcr CUStl)rners based on the principle of payment for collsumphon; (1wi1l to provide stre10gic guidance to its managcm<'.n! and · monitor man agem.:ot's pcoormanec; (xviii) to oversee a.'ld carry out nnnual ..:lf-e.,aJuatio"' to appcaho its o'l':n penvrrnl ce ond efficiency; (:ux) to inccnti \'ize the recovery of vayables from the bulk ·water customers and from ils customers receivini; w-ater supply end se\":erage services; (XJC) to insrlnne water loss r~duction programme; (x»i) to set and UlOllllor tho impte:n~nt:mon ofi-road m1 ndares. and objectr,e$ for the ~orporat.on. ir,•::luding its Jir.ancial targets, C81,im! mrucmrc objcc!ives and risk tolerance leveis; (x:<ii) to ievy water supply lllld sewerage charges ori the bulk =tomcrs -based on lhc1r typ.i; of lls.!g~ (re:.id~ntid!, industrial, -=mcrcial, tanker) and downstream distribution syi;temi;, where Ou: responsibility of distribution rest with t~ bulk water con.~urucrs; (,;xili) to disconnte1 or rc.~trict wiue· supply to any eon,-umcr in the event of non-pay=t of tarifTu after due ~s as may be prescribed thr ough regulations; (>IXi v) 10 delegate powers and fum;tions to the Chief Ex,:,cutive Officer of Uk, Co:por.ttion, subject to the limitations pre--..cribed under one or more Rules; l 'AR"l-lll CONSTITUTION OF THE BOARD 5. (I) The general diJ'\':ctions and adminisuntion of 1he Corporation and itq offoirs shall vest in a Board, which may exercise all powers, perform all functions and do all acts and things which may be exercised, paformoo or done by the Corp'Jration. (2) The Board shall consist of 11 ~n and S-.!Ch number of Ex-officio inemhcrn M well as non-official rn,;ml,,:n, as tollows:­ A- C,hairncnnn The e!ectcd Ma)•o; ofKMC s1lall be the Chiltrp:lrHm of tlJe Boarc &11d in his absence, ilie Admumirator Klv1C shall be 1M Chai,person. PART - JV MJlllagement ~nd nJ ministrafion o( tbe Corporation by tbe Roan!. 204 THE SINQH GOVL GAZETTE EXT. JlJLY 06, 2023 B- Ex-officio Member~ (i) Elected Mayor of KMC or Administrator KMC; {ii) Seactary Local Government Department or his nominee not below the rank of an Additionol Secretary (DPS-19); (iii) Secretary Finance Department or bis nominee oot below the rank of an Additional Secrelllry (BPS-19); (iv) Secretary Planning and Development Ixpartment or his nominee no1 below the rank of o.n Additional Secretary (BPS-19); (v) Commlssionet Karachi Division or his nominee not below the rank of Additional Commis$ioner-l; (vi) Director General Sindh Kate.hi Abadis Authority; (vii) Chi~fExecutive Officer of the Corporation who shall be a non-voting member of the Board c. Non-officlol Memb~rs (viii) A member having technical expertise in the fields of v.'111er supply distribution, sewerage oetWOrJcs, sewage treatment and reuse; (ix) A member having eiqiertisc in finruice and investment; {x) A memhcr hr.ving c~tu,e in information tcch.nolog~·. {xi) A mcml,er having ex.pertisi: in relevant legal affairs and public ndministration; (xii) Two members from the civil society preferably from 11t.adenua and consumer odvocac:,,; (xiii) A member having expertise in h\lman resources; Provided that not less than two of the Non-official memhcrs shall be wom~n. (3) The Secretary shall be the S~.etary of the Board to be appointed by the Board on suc.b tcaru and conditions as it may detennine. (4) The Board may co-ape -any pc~on as a member for any particular purpose, but such person shall no1 have right of vote. (5) An official member appointed by viJtUe of his office shall cease to be the member 011 Yllcaring such office. (6) A non-official member shal I be appointed by Govcnune.ol and shall hold office for a period of three years unless he resigns or is removed earlier and shall be eligible for re-appointment for further one more tcnn of three years only. · (7) A non-official member may, at any time, resign from bis office by lld<hessini: a lett~r to Chairperson and his resignation swill talce effect from the date on whic;h it is accepted by Government (8) Oovrnunenl may remove a member, other than ex­ officio member al anv time if he hais incwred any of the disqualilication ~ In section 6, and appoint another person as the member for the remaimng tenn of the out&eing member. PART-LY 205 THE SINDH f.OVT, GAZETTE EXT, JULY 06, 2023 l'ART - JV (9) No act or proc=lings of the Corporation shalJ be invalid merely by reason of any vacancy ,or d~fect in the constituf.on of th1: Board. (10) The Secretary shall be :appointed by the Doard nn such terms :md conditions os it may d etermine. He sbstll perform the foUowiag functions: (1) to cuwluct the official correspuudencc of the 'Roo.nl, fur implemealatioa of all the decision., ,uad other business of the Bonrd; (ii) to issue notices of meeting of the Board and 11s committees in cn>t~Ultation with the Chairperson; 1111d to prepare aJ1d maintain minute!! 111Jd ~cord liDd pr oceedings of the meeting; (iii) fo issue uoti~s of meeting of the Boar d and its committees In consulta!iou l\i th the Chairperson; and to propose agenda for such met'.tlng through Secretary of the llonrd und prepare and maintnln minutes and ce-:o rd and proceedings of the mectiui;; and (I\') tu take ateps for the implemw,tation of <leci:1ion.s of the Board. 6. No person shall be appointed or conliuue as a member wh,) DisqualificMioDS or 7. (a) is not a citizen of Pakistan; (b) is found a lunatic ot becomes of un•SO\\Dci =d; (c) is or al wt)' time hns been convicted of Ill) offence involving moral turpilude; (d) is or has at any lime been adjudicated ins-1lvent; (e) is or has at any time been disqualified for empl-,ymem in or dismissed from Government service; (f) is acting in contravention of the provisions ofthis Act; (g) has without pennission of Board direcUy or indirectly any financial interest in any project or scheme or property of the Col])Oration. The powers and functions of the Doard ~hall be (i) lo provide over all directions in ce.<;pect of supplying potable w.tler and disposing of sewage ltnd for the purpose approve plans, programs and projects; and overall mnnagement and organogram of the Corporation structure; (ii) to constitute commiltees such as Advisor), Technical and Finnncial Committees for carrying out the ohjecti\'es of this Act, Illies or regulations and the Committee so constituted shnll liavc the representation of the Chairperson of a Town Municipal Corporation on such committees; members. Powers and functions of t he Bo~nl. 106 THE SINDH GQYT, GAZETTE MI, JULY 06. 2023 (ill) to provide for policy framework fOf creating institutional linkages with Government, Federal Governme11t or otba organi:all.ions in public and private scc::tor with n:spect to wntcr and sewerage scbemes aad programs; (iv) to acqtli..-e laud, buildinas and other use1s through donation or tmrofer of rights and to sell, exchange or otru:rwi,e di!JX= o f lUly property vested in the Curporation in ooco.cdance with the la•\'S, with the approval of Oovemmcnt, provided that the Board may exe,;ute a short temi IC8$e upto three years; (v) lo create nnd abolish the po$!s, ap p<>int uie slafT tu lhe Corpon,1ion llJld defme their duties and eonditioris of services by rules or ,cgulation.s with the approval of Govcromen.t; (vi) to unter into contracts 111Jd agreemcrus o, other in.struments as the Bourd mey con,ider neccs=y; (vU) to SJ)!>r()',e proposals ~-elating to financi.tl manai:ement ·and fi5"-:ll resouroes of the Corporotion including proposals for g.'lillts, budgets End transrers to v;u;ous instimtiol)!I; fART- IY (viii) to ov=ee the i111pb:rnentntion of programs and undertake their evalu<1ticn for effectiveness through in . hotue axid o-.rtsourcing; (Li:) to rc:.-view and l!:l)PfOVC t):le Corporation·~ annual budget, stabm::nt of audited eiccounu; {:::) to n:view the Corroration's intemai 1u1audited financial rcpor'.s 1.m 11. quart,:rly basis; (Ki) to review .me! approve the amiunl report of the Cocporatioo and ell.S'Jre that this report, N approved, is published nnd made available to 1h11 public Oil a yearly basis; {xii) to re.icv: perioruc repons presemed to it as gc.nerated through the established infonnation i.-ystems approved by it and o:slablisbed by management: {xiii) 10 undertake a cowpclilivc pnx:ess for the appoialmect of the Chirf ExCCUtrVe Office.r znd select the most highly q~ificd c1111didare for the position; (~lv) to nw.e appomtwents for lhe positions of Chief Operating Officer, Chief Financial 01.liCct, Chi!lf Internal Auditor and Cltlef 1Dformatfon and Technology Officer and such o!her offi1:1:1111 of the Corporation; (xv) to appomt an independent iinn of chartrn,d ~ accredited by the In.sfr111te of Chartc:red Accounlants of .PakiNU llnd ha~ 11D "A" mting provided by tho Stiue Bank (If Pllki.stan to $erve a fixed teim of four )-eaB fur the pUTpO,e of prepming an mmual audit of the Corporatio11's 1.inancial statements, a~ well ns n eorrcsponding mmual audit lllilllllgement letter; 207 THE StNDH GOVT. GAZETTE EXT. JJJLY 06, 2023 (xvi) to lake ~cc of every =e of frffnd, embe?.?Jemeot, theft, or loss nf money or propert> involving :my Board mmibc:r, officer, mao:iger or cmp!O)'ee of the Corporation a.'1.d v.1kc such action ~vamst them in a preson'bed manner, and (>:vii) 1o do all other acts and things which are incidentul :Jr are required to furth~r the obJe..--tivu of the Boan!. 8. The Board shall, in discharging it$ fW\ctions, act on sound principles shall be i:uided by such direction~ os Govermm:nt may &ive. from time to time. PART-IV MF..ETINGS OF THE BOARD AND ROLE AND RESPONSIBILITIES OF GOVF.ltNME!'ff PART-IV BoarJ to act on guidelines of Governmeot oa qu~lion of po!icy. 9. (!) The meetings of the Board shall be regulated by regulations Mtttinp oftbe Board. but until such regulations are frlmled, the meetings sltall be held as directed by the Chairperson: pro"idcd that .;tlcast ten meeting~ shail be kid in a year. (2) The meetini:s of tile Bomd shnll n.lnnallr be presided uv1:r by the Chairperwh and in his absence, :he ·members p~scnt sb11li ele.::t from amongst themselves, a member to preside the meeting. (3) Half of the roral membership shali. co:isl!lull: a quol\l!ll fu::- a meeting of the CQ!poration,~a fraction being counted :1s one; provided that a Member may participate in a meeting through any video-link er digital mode and such participation shall be deem~d to have fonued the quorum. (4) The member3 shall have rcasonabit notice of the time aod place of the meeting ond matters on which a decision by the Doatd shall be taken in t.uch meeting. (5) The decision of the Board !>hall be taken by the majority of its members present and, in case of a tie, the Chnir of sw:h meeting shall bave a casting vote. (6) AU orders, dete:rminl!non and dl:cision of the Boacd shall be taken in writing and shall be si&11ed by the Seae1my of the Board. 10. Government ~hull, ror the purpose of achieving-the ohjectives Government•srclcad of this Act, have the following role and responsibilities :• responsibllitl~. (a) to sanction, with or without modification, mithin a period of sixty days, the schedule of water and ~wemge tmiffs, rates, chMgcs or fees recommended by the Corporation on the basis of a tariff study, to be levied by it. for the supply of water and the provi'lion of sewerage services, Provided Iha! the cei;ornmcndation or the Corporation shall be deemed to .have baen approved ,by Government fol!owing the lapse of sixty da}'!I from its reccipt, with or without modification; THE S1NJ)H GOVT. (;AZETTIL EXT. JULY 116. 2023 (b) to approve any sclieme included in the annual developm.:nt program of Corporation including the schemes funded by Government; (c) lo raise and gunrentce long or short•tenn loans or other financial instru1111:nli. for the Cnl]'lorRtion in national and/or foreign dcnominatic.ns: (d) to make recurring or development grants to the Corrordlion: (e) to make grants for proJec~ undertaken through public. pri,'llt& partncirsilip aim:ements, and (f) to esta blish a remuneration p<1licy for the non-official members of the 8 011rd memben, that foSters the rncdium end long-tenu interest of the Corporation and attucls and motivwte.'l q1,alified profession~ls to :iervc as diligent m,moers of the Dorud. PART-V l\lANACF.r.flLNT OF THE <.:ORPORATJQ)I PART-IV 11. (I) There shall be R Chief Iix~-utive Officer of the Corpcmttion to Appointmeot or Cbl•f he nµpointed by tb.: Board for a period of four years following a ~ '<ccutivv Officer. cumpe'.itive nnd txansparcnt recruiltmmt process from cilhcr public or ?rivate sector, on the terms Rod conditions as may be deteanined by the RofU'd. (2) The Cluef Execurive Officer shall be an eminent professional of k11ov.n imegnty anrl competence, below i.iidy five years of age, with dynamic leadership qualities by setting up the vision, developiui; ilS sirntcgics and having ability 10 mllllllge the affairs of the Corporation. (3) The ai:e limit for the post of Chief Exet11ti\'e Officer shaU be ~htty five years; provided tltal lb~ Chief Executin Ort'lccr, who h.as attBlncd tbe "ge of Jixty five years, sbMU cel!U to hold office. (4) n,e Chief l:ix•cutive Officer sholl be the Head of the Cr,rpo1'ftlion and, subject to the general supecvision, control and din:cLion of the Bo:ird, shnll exercise such administrative and financial powers as the Board may delc1,u1~ to him or as may be prescribed. (5) The Chief Execu1ive Officer may resign from bis office by ~erving thirty days' prior notice to the Chnirpcr.;on or on payment of thirty days' pay in lieu of the notice. (6) The Doard may remove the Chief J::xecuti\·c Officer based on pcrfe'lmumcc evidence as part of the terms nnd conditions of CEO by reaoon:s lo bt: rewn:h:d in writing. 12. (1) The C.hief F.xccuti.ve Officer sholl mnnagc the offilirs of me Corp:>raliou in accordauce wiU1 U1c provisioos of this Act, rules and regulations and shall have the following pow~rs end functions: Dudes and rcsponslblllttes Cli.lef Jl.irttutivc Officer. 209 .. THE SINDH GOY[, GAZETTE EXl', .JULY 06, 2023 (a) to be the Principal Accounting Officer of the Corp-0ration; (b) t-0 e.xercise administrative control over the day to day functioning of the Corporation including management, :financial management, human resource management and management of water and sewerage related issues; (c) lo run the affairs of the Corporation for attaining its objectives through the executive tier; ( d) to ensure digitalization of record and reporting through management porfaJs, in re.lalion lo operation and maintenance of all movable and immovable assets, outsourciiig contracts, hydrant operalions, contingency and employee tcl11ted expenditures, infrastmcture and development schemes, cus~omer care and financial reporting, and in such other 6elds so as to bring efficiency and tra"!l.sp&reney in the C'?rporatin.;;; (e) to create and abolish t!::e pus!s and appoint the ~1aff of the Corporation and ddine their duties and conditions of services tn accordance with rules or regulations appro·ved by ~le Board and the Govermm:nt, as the case'may be; (1) to keep in custody the record and seal oftl1e Corporation; (g) to undertake and autl1orize payment of mon1hly salaries and al lowances to the employees or tbe persons working in the Corporation; (h) to sanction or re-appropriate an ,amount during the focal year for an Wlseen item not provided in the budget ~d :rubmit report to the Board in its next meeting for ratilicalion; (i) lo prepare budget estimates and supplementary budget estimates and place the same ]>.,fore the Board for .approval; G) to report to the Board every case of fraud, embezzlement, theft, or loss of money or property that is brought to his ajtention or ofwhich he has knowledge; (k) to transfer and post the employees o,f the Coxporation; (1) to institute internal system to ens\lre transparency in all operations of the Corporation and thereby mitigate the chance of ftaud; (m) to carry on all fue correspondence of the Corporation; (n) to execute deeds and documents on behalf of the Cmporation; and ( o) ro exercise S\ICh other powt",r and perform such other function as may be prescribed or as~igned to him by lbe Board. (2) The Chief Executive Officer shall not except wi1h the previous approval of the Board in each case or unless already approved in the b\1dget, allow expendinll'C on items of civil works, capital expenditures equipment or automobiles. PART- IV 210 THE SINDH COYT, GAZETTE EXI...J.""U,,..LY~fta:.:i6,...,2'1..,,2""3'-- .P.,.t\:uR""1'c..;:· -:..11.i.V 13. There shcl1 be estsblii.bcd a full-fledged organizational tJ~r of Ori:-.iaizalional the Cot pondion under the Chief Executive Officer in such m:mncr Tier, and wi1h •uch funetious as may be determined by the Board. 14. {I) The COJJlOraticn may, for efiicic:nt perfomuuicc of its AppollltmC'111 nfCllltf fimc1ions, appoiul such officcl'lt, advis~rs. con.su!Jan1s. expen.q and B.umon Re$oarce oiher staff pnsscssinsi requlshc: profession:il, tcchniC.?l, ministerial or Manaat.ment omc~r secretarial qualilications and experience on suclt terms and conditions an,J other euapk>y~eo1 of as rm1y be prescri~d by rules, pr,witled th.ir until so prcsc.ib.:<l, llS tht l:orporatlon. may b,: dclCV!lir.ed by the Bo11.rd. (2) The officers, 11d,ioi:rs, consullm,t$ and other staff shall be liabk lu such disoiplirt31y achon and i!l ;, ,:,re;cribcd m11nner and/or unril so prescribed ~ may be dc1crmioe:I by llie Board. (3) For achieving the flUl1lOSCS under sub-section {1) nnd (2), the BoHrd may appoint a dedianed Chief iiwullD Resources Manaeemcnt Officer through a C(W)petilive proce;o;s from public or private ~ector, 011 sutb terms and conditions u de{ermioed by the Bo.ird. Tbe Chief HR..'\1 Officer ,hall oversee ihe recruitmel)l and other service mnl1ers or the employees of fbe Corporation. 15. tl) ·n1e Corporazion shall have a Chief {)p,:r-<iting Officer with C:hief()pull1i1111 proven tcchnkal q11alificativn5 and relevnnt cxperieoce and sJ1all ·be Officer. appointed by the Room throu!U) a co111petiu ve process on such 1cnns Md conditions al> ddermined by 1hc Board. He shall ove= the te.:hnical operations of the Corporatiun. (2) The Chief ()pecdting Officer qhnU aoo ensure effective planning, maintcnM<:e a-id improveme.;t of in.lrastructure service.-. and drive Sllb-taiuabli: ~Wlh witiie focusing on busmess process optimi.ution and efficiency. (}) The Clnef Operating Officer shal! further itlentify th problem5 within the Corpornuon establish a lhcory of probable cause, test the Uu:ory. establish a plan lnclurung nny cO~t, oi the plan, implcmeut the plan, verify system rum,1ionallty ruxl document all steps. as well a.~ conduct field operations as 11nd when n:quired in 1he course of duty. (4} 'The Chit:f Opemtin!; Officer shnll perform ~uch other functioM and duties as may be advised l::)' tile .13oard and assigned on day tu day basfa by the CEO. 16. (1) The Cnrpnroii on shall have a Chier financial Officer and shall be appointed by Ille Board through a competitive process on such terms and condilioos as detemuoed by the Board. (2) Th.: Chief Financial Ofliec,r shall be responsible for developing the financial ~Lrete~ics and growth plans of the Corporation for the purpose of increa.'ling hs revenues from all posstble sources. Cb!elFlnancil\t Officer. .. 211 THE SJNDU GOVT. GAZETTE Q.'T. JUJ ,Y Qfi, lQ23 (3) The Chief fmancial Officer shall be responsible for tl-.e tl1tercisc of control over the C11pi.laJ of ~ Corpororion as wdJ a, its operation and m:tintenao<:~ expenditures. (4) The Cblef Financial Officer wi.i ens .. -rc ptop:r management ond maintenance of the nccowits of thf Corporation and shall represent !be Corponiliou at au relevant forums. includmg the offtCI' of Audiloc Genecal of Pakistan, the Public Account Committee, and the offices of the Corporation's external z.uditcrs, as md when requtred. (5'1 Tne Chief Financial Ollic..:r bbail maintaic ~nd O\W~t:G the !nvestmcnts of the CoIJX,ration and explore opport11oit1e\ for puhlic mvestmcnt 1n t!te Corporation. (6) The; Chief financial Officer sbcll perform MJCh othc• functions and duties as may lx: n(lviscd hy the Board and c1&1.igned on day to day basis by the CEO. PART-IV 17. ( ! ) The Col'poration shall have a certified Audit<1r to be ~ppolnted Chi•f lut;,roal as Chief Imt-maJ Auditor by the Bo:!.'11 through a competithc p101.Css Auditor. on such tenns and cond11ions as determined by the l:loard. The Chief Internal Auditor sha!I be responsible to administrative as well a.~ audit matters. (2) The Chief Internal Auditor shall submit internal audit rep:>tts to lhe Board through the Chief Exeruti;,e OlTu:er to lbc Board and shall facilitate the Corporation's external audit. (3) The Chief i:1ternal Auditor shall perform :such other functions D.Dd duties ns mny b.) advised by the CEO. · 18. (1) The C:orporatioo shall have a professional u1fonna110n Cbleflnfonnation technology specialist to be appointed as Chief Information Tcdi.nology OfOcer. Tedmolugy Officer by the Board through a compctitiw proccs~ on s11.:h terms and conditions as may bo deteunu:ed by the Booed. The Chief lllrormation Technology Officer shall be re..--po.isibk on all matters pertaining to infonnatioo technology. (2) The Chief lnfomi~tioo Tedioolog> Officer siiall devel<:>p nnd maintain the a"cts and liabililics and all n'lher Maaasement lnfozmation Sys:ems of the Co!1'0Cation and shall develop the infonnntioa. tc:ctu:oloj!;y inftn.,rructur,: of lbe Corporation consistent with the vision of the Board. (3) The Chief Information Teclmolo~ Officer shall pccfonn su,:h other functions and duties as may be illdviseJ by the Doan:! ond assigned on day to ~y basis by dill CEO 212 TRE SINDU GOVT. GAZETTE EXT. JULY 06, 2023 PART - lY PART-VI FlJNl) OF THE CORPORATION 19. (I) TI1crc shall be cstaulish,:d a Fund to he known as the Karachi Water and Sewerage Corporation fund which shall vest in tlle Board. (2) The Ftmd shall consist of (a) the gtanls receivc:id from Govcmment, Federal Government OT Provincial ut Local Govcmmcnts or any other authority or ageoey; (b) voluntary contributions ft:nm p:ivate, corporate, multinational orgMi7Jllioos and other persons; (c) the receipt$ from water a,ld s ewerage tariffs, charge!l, rates and fees, llloiuding bencnnent fe~ payable to the Co!Jloralion; (d) fee., genen1ted from tht iswance of operating lice1Uc.~, ceni6cate.s and permits; (e) fines imposed because of contraventions of this Act, including penalties; (1) loans raised or obtained by or for the Corporation; (g) infrastructure development funds, fw; and rates collected from the persons, autonomous or wnstituent bodies and offices of the Registrar and the Sub­ R.egistrm: (h) all other sums that may be received by the Corporation. (3) The Fund shall be maintained in such ml:LD.ller o.q may be prescribed. ( 4) The sums credited to the Fund shall be deposited in a Scheduled Bank os may be approwd by the Board. (5) The Fund shall be utiliz.cd to meet the exp..,~ of the Corporation in connection with the discharge of its fun~tions under this Act. (6) "Dlt Corporation, while performing its ft.mctic>ns and exercising its powers Wider this Act or rules or regulations, shall e1i:ercise highest sense of prudence as fer as expenditures are conceroed. • (7) The Boaro may invest its funds in investment schemes including Government securities for raising funds. (8) The Fund shall be managed and opernted in the manner as may be prescribed by rules or until such !\Iles are framed os may be determined by the Board or the guidelines of Government issued in thi~ behalf. Knrachi Water and Sewemge Corporation ~imd. I . ll3 T.HE SINDH GOyr. GAZETTE EXT. JULY 06. 2013 (9) Without prejudice to the foregoing poweu, the Fund sh,,cll be e.,giended for the purpose of (a) paying any expenditure lawfully incm-r.ed hy the Corporation, relating to remuneration of its non--officia! members, -:mploye~, ad visors, and c.onsultantq of the C'..orporation, including provident fund contribut?S superanm.1ating- allowances or graruitlcs, legal fees and costs as well as other foes and-co~rs; (b) paying any other expenses, costs or cxps:udit.m: pruperly incurred or accepted by the Authority. in 1be performance of its functions or the ei.ercisl! oJ it;; puw,;is under tJ)js Act, rules or regulations; (.c) purchasing or hiring equipment, macbiner';-lllld any olh<'r wor~ and Ulldertaking,; in the perforn1ance of hs fum:tions or the exercise of i1s powers under this Act, rules or regulatioos~ (d) r epaying any tlnruiclnl re<:etpts; and (e) generally paying any expen!'~!I fot c-mr1ing into efi'ecl the provisions of this rut, rule:; OT ~"gulauon~. !'ART - IV 20. (1) The Chief Executive Officer shall, befo,., the cQrnmeuceweo; Buclget ,mil of each fin~ial yeat, prepare a sti~ement of the cstimnted l'CCCipis acoocnts. and -cxpcndlture for 1he next financial year and submit ii 10 the Bo;1rd fot appn-val. (2) The Corporation sh11ll maintain ptoper accounts and other records relating to its tinancial afiaits including its incomi:: and ~11.pen<lilure and its as..<ets and liabilities in such 1omi ru:id mrumer as may be prescnllo:d. (3) A:; soon as mey be, aft:r the ell.Cl of eiicn fioancfal year, !ho Corporation shaG, for that flnnnciol yellT, prcpan: and approve lll the manner prcscdbed, statements of account of the Corporation which shall include a balance-sheet and an account of income and cxp"'...nditure. 21. (1) The p.-c-audit of income and eJ\~nditure of ilie Coxporation Audit. shall be done by the Auditors of Local Fund Audit Department under Municipal Fund (Audit Rules), l 964. (2) The Auditor General of Pakistan ot any officer of the ACC-Ountant General of Si.mill shall conduct enn\1al audi1 of th;: accounts oftbe Corporation. (Ti The Corp:m1!ion may, in addition to the audit under sub­ section (1 ), cause lhe annu.i accounts of the Corpomtionl,e audited,• in 1he prescribed maimer by a Chartered Accountant or a firm 'lf Chartered Accountants wifh A Rating ss maintained by the St.lfe Bank of Pakutan. 22. (l) Tue Chief Executive Officer shall, by 301 h September each Annuid report. year, submit an.T1.ual perfonnance r~port to th~ Boa..'li enumerating an the activities, developmental initi:itlve\ undertaken and targe!S acbieved during the pw.riou~ flna.ocial ye,;,u for the betterment of t)'le ,vater and sewerage sen-ices. THE SINDH GOVT. GAZETTE EXT, JULY 06, 1013 (2) The Corporation she.II submit the report under sub-section (l} to Govcmunent which i:;ha!J lay the same in Pro .. incial Assembly of Siodh wi-thi.n ninety days of it~ receipt. CUA-rTER-Vll WATERANDS!!:WERAGE SERVICES, PUBLIC PRIVATE PARTNERSHIP tli'ODE AND Llt:.ENSES PART-IV 23. (l) The Corporation shall b;: responsible for planning and Supply of water. execution of bulk production, supply and dist,:ibution of potable water schemes in accordance with the provisions of this Act 11ud s.'lall en,,--ure that the witter supplied is duly filtered, 1reated. rested and fa fit for human consumption. (2) The Cc;poratior. sblt provide retail distril-utioa .if w:1te; within '.lie ~rvke. delivery lrea, ex chiding .the areas fi!lleivin!l w,:,er supply through a PuHic-Privete Partnership, ~ CBO. NGO O!" an autonomous or constituent body. · (3) Tue Coqior.¾tion .shall supply bulk water to each autonomous or constituent body at such rat~ and subject ro such terms and c-0nditions as contained in the re levaut memorandum of understanding or water supply agreement. (4) The Corpim1tion, with the 1!ppl'Oval of the Bolµd, shall allocate the quantity of v,11ter which it determines to be supplied to each autonomous or constituent body; provided iliat until the quantity of water is so delem1ined by the Corporation, the Coiporation shall continue blllk water supply to llll autonomou.~ or constituent body or pen,on(s) in accordance with the relevant Memorandum of Understanding or water supply agreement. (.5) The Corporatj:on shall have the right to place and maintain aqueducts, conduits, and lines of mains, over, under, along or across any immovable propnrty wiihout being required to acquire any 1.-uch property whefuer owned by Government or any person. 24. (1) Except ~s expressly otherwise prnvided under this Act, the Sewerage senicu. Coq,oration shall (a) provide, improve, rehabilitate, extend, clean and maintain sew<:rage within the service delivery area and ensure that the service delivery area is eft"eotively di:ained; (6) make r,t0vision for the effective emptying of sewerage within the scrvfoe delivery area by means -0f appropriate sewage dispo.qaj worb; mid (1:) increasingly divert existing sewage being discharged into stor.n watru- drains towards trunk sewers. (2) In pecfonning the iesponsibilities under sub-section (l ), the · Corporation shall enSUte that • 215 THE SINDH GOVT. GAZ;ETTE EXT, JUI.V 06. 2023 (a) no un•roered uade waste shall be disclwged into its sewers in the service delivery area unless it mectJI Natioonl Envlronmental Qualit-J Standnrds for pre­ treannent; (b) the trcmed trade waste so di~charged shall be diSPosed of in accord:wce with Na!inr\8.1 Environmmtal Quality Standards; (c) provision is made for tertiary treatment or reuse, r«:yck of sewage, if required, for agricultural and indn.~lrial use in ;: manner prescno cd; and ( d) all ~rsou(s), mcluding lhe person.~ under Pub!ic-Pn:vatc Partnership$ shall apply to 1he ( orporation for connection to a public sewer within lhe ~mice celivery :m:3. PART-tv 25. (l l SabJect to availability of warer, the C..)~mrtion shall dev~h1p Water ,ervlces ia schem-:s in relation :o water and s..:w·; .ig~ ~.:rvices tor low-income lo'A-lucome anu.. areas, and informal settlements, including in roral II rea and katchl abadis of Karat'!bl Dlvhlon and such additional areas as may be . noU!jed by Government, within the service delivery area that ore feasible in tenus of revenue generation and rcoovcry, and which per.nit connection to the water supply and sewerag:: networks of the Corporation as may be determined by the Doard. (2) Th:: Corporation shall tall!e management to 11'1-lllntain a KP.tchi Abadi Cell within the Corporation with sucll composition and hierarchy as determined by the Boa.-d.. (3) The Katchi Abedi Cell, through the Chief Executive Officl1r shall advise the Board on the feasibility .md revenue model of any proposed ~cheme under sub-section (1). ( 4) The e11ecution of any scheme referred to in sub-section (1) shall be made by the Katchi l\boidi Cell through an agreement approved by the Roard with one or more NGOs 6nd/or CBOs. (5) No NGO or C'RO shall b.-: engaged in a Puhllc•Privat.e Partnership with the Corporation unless such NGO O'I' CBO obtains li1:ense in a prescribed m111111w. (6) ~ Cotp,mnion shall keep control of all such scheme~ and issue such directions W'ld reco111mendations to any relevant NGO or CBO n.~ it deems fit. 26. (!) The Corporation sbal~ with the approval of the Board, Publl.c Private establish a PPP-Node in accordance with the Sindh Public-Private P-.utoenhlp Node. Partnership Act, 2010, to l.acilitate public-private partnership \\~th any pa-son or per.ons for any scheme to be brought to or d~veloped by \he Board to be cll'.ecuted or maintained by any such partnership. (2) The Public-Private l'artnership Node shall (a) identify ~uitable water supply and sewerage projects wider the jurisdiction of 1he Corporation and within the service delivery area that ure to be ,mdertakcn using lb<: form of e public-private partnership; 216 THE SlNDH coyr. GAZETTE EXT, JULY 06, 20'23 1b) ~u.,..,,vi:.~ prepare a.,d'or employ such extemal d1his~rs and/or other personnel required to undcrt.ake teasibllity studi~ rcgru-dini ev-:-ry sucl, project; (c) 1w1cd on such sruJ11;s, mll<e rec.-mmendattons to the Board whether to proceed with tbe procurement of any ~ch,,me based on 11S suilabilir;, cnnsidt."UlR the future hn·tncml \I.Cll-romg of the C,orporativn; (d) tui:;,!!:-'f wi>I• cl:e ·de,·as;t Ot,vc:nmP·1t oountCIJ)artles a:-..i exten.,,1 ad·-i..qer,i as nHy br 11,quired. condnct a compet,:ivc o!ddmg prvcese w procure tile privatl sector ~mity in aecordan~c ~ith the Sindh Public­ Pn vair P .utncrsbip Act, 20 I 0, and rul,:,s mode tbec<.runder; twl {e) rn"kc !'CCC"111lll1~ndations to 1be DC>ani wheU1er lo enter inJ.o II publ!c-pcivate partu~rship agreement consistent w1U1 the nhjectr;t! of cn.-uring the C'o!J)Ol"l!tion's medium aml long tcrm sr.Anding. (2) Tnc Corp;irallon may emp1oy :;uch officers to manage the P'PP Node ai; detcrminrd by the Board. 27 O) No per~nn ~all, mclud1ng person undr;r a public-private pnrtnership agte,:1111:nt. 1mgage M continue to be eogagt:d in supplying potahle wotcr or providing S<}W1:tage =vices in the-. service delivery acea. e1.cept such person possess,,s v11lid licence is:mcd by the t;orporation undc1 the prescribed conditions. (2) 'lb.: license issued under sub-~oction ( l ), shall be for the purposes of (a) stonng ur supplying pot11blc surface \.Villel' and gromidwatcr; (b) .!.upplying potable wntcr by means of a watc, tanker or othc, vehicle, (r.) pro, iding st\\Cta%C servicei;, and/u1 ( d) providing sewage suclioo and jetting services in the servi~ dc)i•.icry area or bc:yC>nd as pe1 prescnoed l)TOCtdtlie. (3) The lice1.ce sr"'lll • (n) ensure that the water supplied to ih end consumers is safo for human comumption: (b) :ibide by all appliC'lble natiooal environmental and quality st~u<lurds; (c) meet delivery and q uality standards set by the Corporation; and (d) pay the Corpon,tion foe apphcable wiff or fee as ,et out by the Corporation. PART-JY ... ll7 THE SINDH GQYJ. GAZETTE EXT. JULY 06. 2023 (4) The licence Ullder sub-s«tion (I) shall he subie;;1 to krms and conditions AS may be prescribed aud shall be valid for a specified period and be issued in a manner and on a fee as may be prescribed. Cl:IAJ'";. ~ R-Vm Th"FRASTRuCTURE SCHE~ ANlJ TJIEffi l',1A lNTENA.'11.lCE PART - JV 2&. ( l) 'T11e Corporation shall prepare and updnre e comprehensive Water & Sewcrnee Wat~r aod Sewerage Ma!ller Plan and ex.ecu1e such infi-astrucnlt'C M;.st,r l"ln and schemes with specified time limits as emanfttc from the Master Plan. infrastrocture (2) The infrastructure schemes under sub-section ( !) shall facilitme the scbemes within the jurisdiction of Local Cowicil and in tht'> juri.diction of any dUtonomous or constituent body nnd/or licensee under this Act. (3) The Corporation shall charge for development of suoh infi'astructure schemes apportions lo the beneficiary pernon(s) to lhe extent :md in the manner as may be determined by lhe Hoard. (4) Th: Sindb Master Plan Authority and/or every autonomous :md constituent body and any other perwn responSilllc or authari?,ed for development control shall apply to tl1e Corpomtion and obtain from it, a No Objection Certificate bdon, apptoving tbc proj)()ISed layout plan or all scheme.~ and d,:posit tile rcqufaite fee tu the Corporation as prescribed by the Board. (5) 111e Sindb Building Control Authority nnd/o;r any other body notified hy the Oovermne:nt or any authorized person for the purpose of building control, 3hnll not approve any building plan unless it obtains No Objection Certificate &om the Corporation and hns paid lo the Corporation all fees, dues and contn1artion.~ relau:d to the pertinent infrastructure scheme as may be dc111rmiued by the Boru-d. (6) The Corporation shnll require any person to Sllbmit monthly re.:unciliation statements of the amounts recinved on account of development charges. (7) The Offices of the Registmr and S-Ub-Regutral'!l in ihe Karachi Divi~ion and adjoining notified areas established UDdcr the Registranon Act, 190&, shall contribute lu the Corpomtion 0.1% of the property valuation as fee recllived by them from lhe registration of sale deed, general or sptcific power of allurncy defined under the Retistxation Act, 1908. (8) A reconciliation 51Alemcnt of all fees collected under wb­ sectlon (7) shall he issued monthly hy the Registrar to the Corporation, (9) Any per1,0n who fails to comply with. the provisions of sub­ sections (4), (5), (6) nnd (7), tht Admirunrartn Departmtnf shall issue directions tu such person or ngcncy fol.' transfer of 11mouots required to be paid tn the Corporation, and in CU!C of non• com1,li:1111t-e of the ilireclions, the amounts shall be recovered through arrears undtr the Sindt, L,wd Hevenuc Act, 1967. sdaemto1. .?l8 TI lE SINDH GOVL CAZEITE EXT. JULY Q6. 2023 l'ART - IV 29. (I) T:,e ~orpordtion shall have pow.rr co supply bulk water lo any Bulk water person; prr.•vtdec! that a written ngreem,,ot containint: the terms and n~rc~ments Witl1 tb~ conditions ,,f tile i.-upply, storage imd cfut!'ib,rtio:i of the water ~:id r:,e Corporation. er.1ent of 1hc reimbwi.able co~, of th..- iJ'.!:.,.strucluJ'll. if any, laid for tlle Pt.lIJlOS~ may be m11cle. (2) If the Corponl'.ion ond II person are unable to agree on the tcnns and conditions of bulk "'ater ~upply, tbc oiauer shall be r:cfcm:d to tbe Board on the rnMipt of such written objections for the decision. (3) The <'ecision of the Board under sub-section (2) shall be appealed to in the Water and Sewerage Tribunal es1.1blished under this Act. 30. (I) ·11ie Corporation shall be respollliible for disposi.'111 <,f Trade Trad.- W1111te Permits. Waste which may also be referred to as the Industrial Wast:ewater and may include • (a) liquid or watcrborue waste with or without particles that arises from the conduct of a lrade, commercial enterprise or indu~try: (b) liquid or w~t~rbome WO.'l!C thRt arises from tile conduct of any hospit~ 1, school or other institution, hut docs not include sewage: and {c) pre-treated industrial wastewater di~clwged in the s11wernge system in ateordallce with National t-:.uviron.'Ilent Quaiit)· Stsndards. (2) The Corporation shall ensure that no person shall dispose of tmdc waste directly or indirectly into a sewer without the permits i~sued by the Corporotion and with proper pce,.trcauneul as per lhe 'National Enviroomental Qulllil) Standard.~ (3) If a ,!ib-posal of trode wa.1te co1,tmvcnes the provisions of sub­ section (2). the Corp,,ralion sh:ill disconnect such dispo3111 after taking Tcasonable measures 1n the prescribed manner. (4) ln cesc the default under sub-section (3) conlinuoo, such contravention shall be deemed to be an offence mentioned in Schedule-I or O or as may be dctcnuiaed b} lh~ Corporation. 31. Except i,s autboTlled by II permit i~su<ld bf the Corporation. no person sh~ll. direo:tly OT indirectly, di.ch:irgc or cause 1)1' allow to discharge any of the following subst.mces into the sewerage sy:ttem uml/or any associated trc11tment facility of the Corporation: (i) a hiuanluus substance which could cause an explosion or fire; (ii) discrete oil; (iii) en infectious substance (othl!T than human waste) th11t bas not been disinfected 10 a level and standard agieed by the Corporation and which i.~ duly documented as such; (iv) a tox.ic substMc!', Prohlbltlon on d L~harge nf et>rtJ>h1 m•tt~n. 219 THE SlNDH GOVT. GAZETTE EXT, .mLy 06. 2023 (v) trade Wuste which has a 11:mperaturc grea1er than 38 degre:s Czi.~:llS. (vi) nny suhS1.nnca whit,it :·,mld .;Jve.-.:ely affec! the Qj:lctntinn or a grease .ir,esrer or othc. dt·, !ce or eqoiprnt<nt 11Sed for the trcaonent of waste: (vii) a substance which is carcinogenic or mutagenic and could advetsely affect the envuoan:ent: (viii) animal matter, wool. hair, fleshing, fCAthcrs, dust, ash.:s, soil, rubbish, grease, gnrboge. aU or any part of a dead aoimnl, vegel.ab!e or fruit parings, woO<l, rags, synthetic plastics and any solid matter; and (ix) ony llllllter which, in the opiuion oftbe Board (a) is injurious to, or li&ble to form compounds injurious lo, any part of the sewerage service or treatment work of the Corpocalion or 10 emplo) .:c::s of the Cocporation engaged · io the operation or maintenance of that s«nice; or (b) will impair or be liable to impair the operntiuns or functions of the C'.orporation, and for which the Corporntlon has served notice requiring the p,,rson to refrain from disc.barging of any of the substance mentioned in this section. CHAPTER-IX CUSTOMER SERVICES, ASSET MANAGEMENT, ENTRY ONTO LAND AND ACQUlSITlON OF LAND PARI• lY 32. (1) The Board shall establish and maintain a system, including Consmncr Cu,lumea· technology-enabled platforms, lo ~gister consumers' complai.<Jts 83 ~nicr. well as mochnnfam to deal equitably and etlicientl)' with consmm::r complaints am! emergencies ba.~ed on global best practices. (2) The Corporauon shall establish Customc~ Services Centres in ench di~trict of the Karachi Di vision at such desiguated place., as notified by it to moot the ends referred to in sub-section (l ). 33. {I) The Corporation shall develop and maintain an asi;et Am:u mllllaeenient. management infonnation system ud digital reportiug, based on global best practices in water utiliti.cs, which ~hall include hut not be limited 10 its o,,utirc land holdins,s, lllong-with geographical coordiru.,~s, land use, pumping stations and installed machinery, filter plants i,od DSsociated equipment, waste water ticatment plants, convey-dllce systems, d istrict m~ler areas. bulk and retail meters, customer service ccnters, administraiion and district offices along with machine~·. equipment and furr.i tun:. suction and jetting trucklo, generators and ~I I of its service and staff ,•eh1cles. (2) Ilic Corport1tion shall be tesporuible fnr s.3.fety and protection of the land which il owns w:IJ1i11 the ~trvice delivery 2tel! tlDd ~haU take measun:s for tbc remiwal of any encroachments on su,h lami, wid 10 Ibis end uo THE SINDH GOVT. GAZETTE EXT, JULY 06, 2023 fit) any a!lnmicnt. lc:i.se, possession, or right grnnrcd iTE-1 J,ately b.,fr.re '.ht ~ommeoctm1enl of Ibis Act to anv r,e,~n in rcs-y~cl oi land owne-0 by KWSB sh.all ~t:u:id trauslerrerl 10 the Cc:p:at1on. JJ1d (b) all i.iumoveahk property trdllsferroo from 1he Karachi Munieipal (;orporation or the Kardchi Development Authority to KWS.3 immedi;\tely bd'on: lhe cornm.,.ncem~nl of fuis Act shall stand tnmsfe:n-ed to the Corporation and 51.lcl: entnc~ shall bi' made in the recont of rishts. PART - TY 34: (I) Toe Corporation may enter a;id i-<~Clllt: work on nny land or Eotry oato 1a1ut. b1?.ldu.g within the vioiruty m and n.ro•md any \\11te, aad se•; cl!tlge .COJlVcyance sy~tem relarbig to the C'or{Nr.ition within the relevant vicinity (a) to operate. tepair, rq,lace maimain, remove., extend, expnncl, connect. dis;;oIIDect, or improve any of its infruslructure, macbinct)' 11ml cquipMmt, as well as any mclcr whelhi:i: ov.'l!ed h)' tlw Co~ralio-1 or a third party, or for any other puspese v,lucb the Corportttion considers necessary; (b) to read a meter that measures water supplied by the Corporation or effluent discharged into a sewer of the Corporalion; (e) to make a valuu.lion as,,;cssment of water supply and sewerage services to any building or land; (d) to find the soun:e of pollution of water supplied by the Cotpor:i,tion and, for this purpose, to cx.cav.ite and n:move material U'Om the relevant Jund; and {c) to ascertain whether a contrnct, license or agreement for the provision of any sen,icteS by the Corporation is being breached. (2) The Coiporation, if it h8s reasons to believe that an offcoce under this section has been commith:d 3lld if the circumstances warrant, shall take 'lOgniz.ancc in accordar,ce "'ith section 38. 35. The Corporn1ion m11y acquiie auy land for the pwposes of this Acqubilion of hood. Ac-. ~ither by agrtement or in accordance with the Land Acquisition Act. 1894. Cil:\PTER-X RESEARCH AND INNOVATIO;-; 36. The Corporation shall, for lh~ purpose of achieving the Reform, Reseanb :md objectives of this Ace, establish a Reform. Research and funo,·ation luno~,ation Centre. C'entre whkh shall 2;;J THE SJNDH GOVT. {z~l'.:TTE EXT, .IULY 06. 2Q.l,,, 3 . PA..,.R,=T.-..,JY., {a) conduct, Ofganiz(!, coordinate and promote ·e,earch a,"td training on all aspects of 1•.ate.r rnsources, including drainage, reciamation. drir.king water. Jndus1,;aJ Wastewate~, and s~wer-;;.ge ma;ia&,,nent; (h) design, dev<olop ttnd .svaluale water conserv,,tiou tecllilologie, for b.octicult\u:e, <hir.J<lng· and iDdU5ttial wa.stcwatcr; (c) submit policy rooomwcnrl11tions t:O the Roard through Chief E;,;:ecuti,·e O.!Iicer re!lan.li.Jg w~kr qltaJ1ly, development, lllaM:gemcnt, conse.r,ation and me \rtiiization of V.'llter resources; (d) liaise with other water-related uatiol\al an<l international research and development orgau.izations, water >1nd se,l'er-11%e sr.n,-i~ utilities, tmiversitics and nnn­ government organiwtions; (e) provide consultancy services for a fee and coUaoorate wilh otlu~r orgacizati= in the public and privat'3 sectors; (1) provide fulallcial and teelwical supr.ort to universities and researcli irultirutions.for collaboni!ive research .. 'lrronings, projects and fellowmip.•; (g) dl:liign and d,..-vc]op water-related technologies and in tcnns of utility for various 11s::rs acc;ordi:ng to market demand and undertake aesign and development projects on conlract; and (h.) commercialize its research and dcvcl.opment -results fro111 the sale of product!S, patents- and services, a.~ well ns it.q collaboration with. other organizations. CHAYI'ER•XI TRIBUNAL AND APl'F.AUi 37. {;) Ai .:;con & ·-~er i~,;;,.c-.uum::.i.-en,e:lt of this Ac\ Goverurn<:nt Wattr- snd Se\Ve1,age shall .:stablish a Water and Sewecu;;~ Tribuual C''1'.1Sts=g of the l'ribnl'.181. following: (i) A serving Oistr.ict & Session Judge to be Cbllir{)mon appointed by Govemn1ent from a panel of three Judges nominated by the High C'.ou11 of Sindh. (ii) A Technical Member Wal<·.r having Mellllier expertise in Water Telated matters/ isSU~S to be appointed by Government (iii) A Technical Member Sew.:rage having' l\1emh£r expertist in sewcra8e related matters/issues tc, be appointed by Govemment, 222 THE :SINIDr GOVT. GAZETTE EXT. JULY 06, 2023 (2) Toe Chairperson and Mc:.nbers appointed under sub-section (i) shall h?ld offic1: for a period of three years and shall bo eligible for reapp01ntment for further one more term of three years only on the tel'lll$ and conditions as may be determined b)' Government (3) The Tribunal $ball decide tbe casi: within e. period of thirty days folJ?wing the tetmination of the hearing it affords the parties as prescnbed. (4) The Tribunal shall exercise the summoning powers of the party and lhe procedures adopted in. its hearings shall be guided by the Code of Civil P.roc:::clure (CI'C), J 908, and bv lhe Code of Criminal Procedure (Cr.!-'C) 1898. • (5) Govenmient ~'.-1~! make and app~ve the Schedule of expe11dil\lc~ ruid budget oftb.e Triburuti. (6) An appeal shall lie to (a} the Boord, from a decision of the Chief Er.e::-.:ti•,.: Officer on any mattec related to the recovery of di;;es or I tnrlffs, or the gran:ing of a lice~ or permit, b cluding respecting Trade Wos:e or action taket>. by the Corporation in its interest; · (b) the Water and Sewerage Tribunal from a decuion of the Board; and (c) the High Court from a decision of the Water and Sewerage Tribunal. CHAPTER-Xll OFFENCES AND SANCTIONS PART-JV 38. No court other than the Tribwial established undei: this Act, Cog'llizance 11hlJ'eace. shall take cognizance of the offences mentioned in Schedule-I & Il, upon a v.ritten complaint made by au o11iwr authorized o:; tb.e Corporation. 39. (I) The (:orporation, Tribunal or Appellate Court may mend the Sanction$. sanctions in accordance with Schedule-I & a. (2) The Board may alter, amend CJlr modify the Schedules with the approval of Government as it may deem necessary for the purposes of this Act CHAPTER•XITl MISCELLANEOUS PROVISIONS 40. Any sum due to the Corporation from any person on account Recovery of of any tariff, cess, tees, rates, rent or any other charges or receivables sums due. on e.ny other accoont under this Act or rules or regulauons may, without prejudice to any other mode-of recovery, be recovered ·by the Coip,Oration as an arri:llTs of land revenue Ulldec the Sindb Land R ,.,-veflu'e Act, I 96 7. 223 THE SINl>H GOVT. GAZETTE EXT, ,nn.y 06. 2023 PART-IV 4\. Government ma>, by ao1ific,.:ion, desii:nate ont or more Palice a<l'btancc. Police Statious for the asiistance of the Corporation. 42. Government or Board may, oy general or specinl order, Dele1:atiou ofµowm1. dclc~ate ell or any of its powi:~, functions alld duties, to the Chairpel'li on, member or an> officer of the Co~rnrion. 43. Every employee of the Corporation including officers, hWlc Servuate. advisers, consuhams and t::'.'CfY person acting or purporting to act under this Act, rules and regulations shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Panel Code. 1860. 44. No suit, prosecution or any other legal proceeding~ shall lie Immunity. against the Goverr.mern, Corporation, the Chairperson, mcmbcr:o;, Chief Ex.ecuti ve Officer and any employee of the Corporstion, m respect of anything done or Intended lo bt: done in good faith under Ibis Act 45. Toe provisions of this Act shall have ovemding eff~ Over-riding ea«t notwithstanding anything contrary contained in any other low for the time being in force. 46. ( 1) Government may make rules for carrying out the purposes of Power to an,k, "'1l!:r.. tlri.• A~1. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following ma.Uer~. (a) the procedure(s) for applying for wnter and s~werage connections, including the paymt:nt of fees for maldng application in either OT both ~ (b) the n:gulatiou. oontrol and inspection of private sewers, water connections, and service Jin~. including internal fi ttings; ( c) the procedure for levymg and collecting ta.ciffs, rates, fees, ownership of the meter or charges for water supply and sewerage service and imposing surchergi;s in case of any default made in payment thereof; and (d) the grant of licences, permits and pennissions under this Act. 47. Subject to this Act lllld the rules, the Corporation may frame Pc,wer to frame regttlation.~ in respect of L'ie matters not provided for in this Act or the r~ulations. rules. 48. If any difficulty arises in implemenlation of the provision of R.rmoval of dlfficnJtlcs. this Act, Chief Minisl1,r may on the rMotnniendation of lh« Board or otherwis,:. give appropriate direction to remove ~uch difficulties. .,.224 ....... . T,..,,.ff.,,.E~SJ,Mm GOVT. GAZETTE EXT. ,TTJl.,y 06, 2023 PAB.L::.ll: ~9. (1) The Keracru Wa!\:r s.,,.,crage Boerd Act, 1996, is b.:reby Repeal and .savings. J"('peakd. (2} Notwithstanding !he repeal mi'crred to u1 sub-section ,t): (a) all receiveble.s ofKWSB prior lo 1he coming into force of this Act ~h:ill be paid to the Corporation and recoverable by the Board; (h) all debts and. lia111Utie~ 1nc1ir.ed by KWse pcior to !Le cvming imo force nf This Aet sh.all be debts and liabilities of the Corpor.;tion; • {e) all employee; of KWSB in any capaoitf, irnmediately before the ccimmCO!'c:ncnt of this A,;1, shal.l ·deemed l:o be emi:,loyces nf the C,,ipora,ion with lhc same terms imd condiifons of $Crvice; ( d) the pons ion, gratuity 1111d other service benefits admissible to the employees referred 10 in clause (c) who retrred ~'I died before the commencement of this Act shall ,.ontir,ue to be paid by the Co!pOratiou uuder tb-! releva11t rules or regulations. (e} all conU'\ets sil).ll.eJ, and rigb1, acquired, by K WSB prior to the ~oming imo force of this Act shall be deemed 1o Jiave be~n ~igni:u and acquired by the Corporation; (£) aH orders issued, p()Wers deie;aled, approval accorded, pernons appointed, water chsrgcs :.ml surcharge levied, actiOJ).~ tal-..--en by .K. WSB prior to the coming in!o furce of !hi;; Act shnll, if not inconsistent w'i:tb the provisions of this Act. comiuu;: to b,; i11 for~" und b.: de.:med !o have been e:,iecuted, fasued, deiegated, accorded, appointed, levied, caken. conferred, or mode under this Act; and (g) all .suils and other !,:gal pmccetlur.;s illl,-ti!uted by or against K:WSB prior to the eol'lling in:o force of this Act shall oominue :iy or against the Corporation. BY OR[jER OF MADAM ACiING SPEAKER PROVINCIAL ASSEMBLY OF SINOH M.H.M. i-lASSAN SHAH . ACTING SECRETARY PROVINCIAL ASSEMBLY OF S I NDH 225 THE SiNDH r.ovr. GAZETTt: EXT •. JULY 06. 2023 SCHF.DlTT.,E- I ~tE~lion ~9t OFFENCES COGMlZADLC BY TRF, <:ORPOR-\ T IO!\ .-S. Offence PART-IV 1~~- : - -=--- -----l h Description 1'ine Acliou I. i~cts any officer r>r ~ervnnt of the Co1porat,..io n 1n-+--A-J1--R,-n-o un l--o-r+I-B-y the Corpvr,1ti1m I the c!ischarc" of bis or h~ duti~ under this Act or rupees fifty I refuses or will fully neglects 10 furnish him or Iner, upon thousand I I requc.t. necessuy n::cess for m3kiog an} entry, j I inspection. e~mioation, or inquiry iu relation !u aoy IVstcrworks t>r Sew,:,..ge works. ~ - -----~ ·;11fully oh,tructs me flow of drain! an,! diverts or Ao amount of -do lakes water from any Waterwu1ks bel<'nging 10 the ruptCb two lees l Co:poration or any sources of water wltith lceds SO<:b \Vat~1works. 3. Willfu11J· runs tile business without obtainloi: An amount of -Jo I license or water quality certificate r rom tho rul'("'s h\o Jars 4. Linl~wfully brosl:s or damages :m electrical An amount of -do Corporation. :r j 1r3: 1smission line for any Waterworks or Sowera~e rupeeHhree lacs ~ u1ainlltlned by the Corporation. ---=--=--- - ---' , 5. • l)hclmrge uf Trade WHstc without p,:rmits issued by I An •mount of · -do I the Corporation or cootinunt!oo of oUencc "' mpees fvur h,cs. I con1ravcntion under section 30Q)m c.c... t""h"'e., A;;ccc.t.'-- -c---+ - --- --:-+- 6 I Willfully or knowingly obstructs the ~ctting out of any An amount of -do pipeline or any works of the Corporation or runs up or rupees five lacs removes ruty pillar, post or stnke of the Corporation fb:cd in the groond for the i:urpose of selling out tile pipeline of such works or defaces or dtl!ltrnys 1rny 1-- works mad~ for thall) urpc.se~=· --.,---, 7. Wil!flllly thru"• or cause.• to enter therein any an im!IIS An amount of -<lo or p~r1., of animals or throw ony rubbish or n:hcr rupee.. Jive lacs offensive mimer into auy Waterworks or ,.,ashes or cleans Uierci n any cloth, wool. k.ather or s!kln, or a11r animlll, or c<1uses the .,.,111cr of 111\y sink, se-...er or drain or any stream engine, boiler or nny other dirty water or trade w.1$1C to return or be brought iuto ftny Wnt1.-rworlcs or does any uther &et whereby th• wJ1er 1· tlllll!Y in ,1111· Waterworh is affected. . Willfully or knowingly break! c-r temper>, injures or Ara amount of -dQ opo:n, any lock, dock valve or water met« of 1tny type, rupees pipe or ocner Wcre:'\,or'~s or Scweragt -.orks million I beloni;ing to the Corpornt;.;:io.:::n·c.. one I J 226 s. No. ~ I. I •·2. ~ '· THE SJNPH GOVT. GAZETTE EXT, ,JULY 06, 2023 ~fH.EDULE- JJ (.See s~ction 39} OFFENCES TO BE TRIED BY THE TRlDUNAL PART-IV Offence Punishme.nt Description Fine Encroaches upon the land of U1e Corporation. Upto two (02) million ruptles I Intentionally puncturts or otherwise damages a Upto three (03) water tmnk main having a diameter of eighteen million rupees inches or above, a hydrant, a canal, pumping station, conduit, siphon, reservoii; filtration plant, or chamber of the Corporation for any purpose, including the illegal selling of water or the inaking of an illegal connection. Establishes an illegal hydrant fo.r the supply of Upto five (OS) water for industrial, commercial or residential million rupeei, use. Karachi: Printed at the Sindh Government P ress 06--0i-2023 Sentence Imprisonment for a term which m11y extend up-to two (02) years. Imprisonment for a tcn:11 which may extend up-lo three (03) years. Imprisonment for a term which may 1 :.xtend up-to five (05) years. i •