Sindh Regulation of Electric Power Services Act, 2023

1. Short title, extent and comme.ncemenl ()) This Act may be called the Sindh Regulation of Ele.c tric Power Services Act, 2023. (2) It shalJ .extend to the whole of Province of Sindh. (3) 1t shall come into force at once.

2. Defmitions. ln this Act, unless the context otherwise requires - (i) "Administrator" means the Administrator appointed under sub-section (2) of section 27; (ii) "affiliate" means a legal entity having common association or relationship with holding legal entity to the extent of majority or fifty-one percent control; (iii) "applicable documents" means the rules, regulations, licence, ,egistration, authorization, determination, any codes, manuals, directions, ~delines, orden, notifications, agreement or docum.e nt Issued or apprond under this Act; (iv) "Authority" means the Sindh Electric Power Regulatory Authority established uader section 3; (v) "bulk power coDJumer" means a coDJumer who purchases or receives electric power, at one premises, in an amount and voltage level or any other characteristics u the Authority may specify; (vi) "captive power plant" means a generation company setup for own consumption and su.ppty of electric power to affiliated entities; (vii) "Chairman" means the Chairman of the Authority appointed by Government u.nder this Act; (viii) "consumer" means a person who purchues or receives electric power for self-comumption and not for re-sale to others and iaeludes resjdential, commercial, industrial, bulk power and agricultural comumen; I I 181 THE SINDH GOVT, GAZETTE EXT, J ULY 06, 2023 PART - IV (ix) ..electric power distributor" means a penon who has been g,ntnted a licence under this Act to undertake distribution of electricity; (x) "electric power generator" me:ans a i>enon who has been uanted a licence under this Act to undertake generation of electricity; {:11) "electric power services" means the service, provided by a licensee, which includes generation, trammission, distribution, market developm~nt, system operations, sale, supply of electric power, and all other serv1ces incidental thereto; (xii) "electric power policy and plan" muns the policy made and approved by Government for the devtlopment and promotion of electric power services within the Province; (1iil) ..electric power supplier" means a penon who bas been granted a licence under this Act to undertake supply of electricity; (xiv) "Government" means the Government or Sindh; (xv) " licence" means a pcrmisslo11 or authorization granted under this Act; (XVI) " licensee" means a penon granted a licence under this Act; (xvii) " Member" meaDJ a member of the Authority appointed by Government under this Act; (xviii) " microgrld" means a small-scale dccentnllzed electric power grid that can operate independently at a voltage not exceeding 11 kilovolts to generate, distribute and supply of electricity to the consumen and serving the load not exceeding ten megawatt and developed ln an unserved territory, not connected directly or indirectly to the provincial grid or national grid; (xix) "national grid" means the grid, interconnection, transmission facilities of the national grid company and include the generation facilities connected directly with national end; (n ) "National Grid Company" means National Transmission and Despatch Company Limited, granted licensed by the NEPRA for the ownenhip, operation and maintenance of the national grid; (ni) "NEPRA" means the National Electric Power Regulatory Authority established under the NEPRA Act; (nil) "NEPRA Act" means the Regulation of Generation, Transmission and Distribution of Electric Power Act, I 997; (niii) "NEPRA Licensee" means a bolder of a licence under a.n d punuant to the NEPRA Act; (niv) "open access" means an access to a transmission or di!tributioo network of the licensee's system or its associated facilities for movement and delivery of electric power services on the terms aud conditions u. specified by the Authority; (nv) "penoo" means a penon formed or constituted as a legal person and shall include any company or association or body of individuals, whether incorponted or not; • (uvi) "prescribed" means .prescribed by rules or regulations made under this Act; 182 THE SJNDH GOVT, GAZETTE EXT. JULY 06. 2023 PART- JV (xxvii) "Provincial Grid" means the grid, interconnection, transmission facilities or the Provincial Grid Company and includes the generation facilities connected directly with provincial grid; (xxviii) "Provincial Grid Company" mearui the Sindh Transmission and Despatch Company (Pvt.) Limited, gnnted licence by the NEPRA for the ownership, operation and maintenance of the Provincial Grid; (xiix) "Proviucc" means the Provinc.e or Sindh; (x:u) ..regulations" means regulations made under this Act; (x:xxi) " rules" means rules made under this Act; (u~ii) "renewable energy" means electricity or energy produced or generated from a wind, solar, renewable, biomass, biogas, marine, solar photovoltaic. geothermal, wiute to energy, hydrogen, energy storage, or hydroelectric power source and hybrid or any or above mature and or new technologies; (x:xxiii) "sale" means buying and selling or electric power services, punuant to terms and conditions determined by Authority under this Act; (xxx.iv) " Search Agency" mean an accredited and reputable search agency selected by Government to conduct the recruitment process ror the Authority and recommend at minimum three candidates for each positfon to the selection committee for onward nomination or one candidate by the selection committee ror appointment by Government; (x:nv) ..Selection Committee" means a committee constituted by Government for selection of one candidate ror the nomination to Government for the appointment or Chairman and Members, comprising or atleast four members including Minister for Energy or Government as the Chairperson and, Vice Chancellor or an Engineering University, Vice Chancellor/Dean of faculty of Business Management Institute, Vice Chancellor/Dean of faculty of Law Institute, as the members, and any other member as co-opted by the Committee; (XIXVI) "service territory" means the geographic, spatial or virtual area specified in a licence within which the licensee is authorized to conduct electric power service(s) business; (nxvii) "specified" means anything specified th.rough notification issued by Government or Authority, as the case may be; (xuviii) "supply" means the sale or ~elivery of electric power services by licensee in a specified service territory pursuant to this Act; (x.u.ix) " use of system agreement" means the agreement .f or movement and delivery of elec~ric power services on the terms and conditions as specified; and (xi) "we of system charges" shall include all charges related to use of transmission or/and distribution or any other service charges for movement and delivery of electric power, as specified. 183 THE SINOR GOyt GAZETTE EXT. JULY 06. 2023 PART - IV CHAPTER-11 ESTABLISHMENT OF THE AlffRORITY

3. Establuhment of the Authority. ( I) As soon as may be. after the commencement of this Ad, Government shall, by notification in the official Gazette, Htablisb an Authority to be known as the Sindb Electric Power ReguJ1tory Authority; which shall be a body corporate, having perpetual succession and a common seal with powen, subject to the provisions of this Act, to acquire and bold property, both moveable and immovable, ud to sue ud be sued by its name. (2) The Authority shall comprue or the Chairman and t ~ Memben to be appointed in accordance with the provisions of this Act. The Memben shall be designated as Member Technical and Development. Membn Legal & Corporate and Member Finance & Policy. (3) T he Chairman shall be appointed through selection committee for a period of four yean and shalJ be eligible for re-appointment for one more term only. (4) The Chairman shall preferably be from the private sector and shall be eligible for such remunerations and benefits, commensurate with market-based compe~ation package., as determined by Government. The Chairman must be a person known for bis integrity and eminence having experience of not less than twelve years and qualified in uay relevant field including law, business, engineering, finance., accounting or economics should have sound knowledge and work experience preferably in the field of electric power services business. (5) The Chairman may resign from bis office by writing in his bud addressed to Government or may be removed by Government from his office if, on an inquiry by the Inquiry Committee appointed by the Chief Minister, that be is found unable to perform the functions or his office or because of mental or physical disability or he is found guilty by a court ol any serio11s crime of moral turpitude. (6) The Members shall be domkiled In the Province of Sindh and preferably be from the private sector and shall be eligible for such remunerations and benefits, commensurate -with market-based compensation package, as determined by Government. Member Technical & Development shall be a penon holding an engineering degree in the fields or electricity, energy or power with a minimum or twelve yean of related experience in the field of electrical ud power services bus_iness. Member Legal & Corporate must be a penon holding a degree in the field of law with corporate and commercial specialization a11d is a professional of known integrity and eminence witb a minimum of twelve yean of related experience in the field of corporate law. Member Finance & Policy must be a penon holding a degne in the field of economics, finance or chartered accountancy and is a professional of known integrity and eminence with a minimum of twelve yean of rehted experience in the field or corporate finance or chartered ac~ountancy or electric power services business. (7) A Member may resign from his office by writing In his band addressed to the Government or may be removed from bis office by the Government, if, on an inquiry by the Government, be is round unable to perform the functions of his office because of mental or physical disability or he is found guUty by a court of any serious crime of moral tul'J)itude. (8) The Authority may create, san.ction and approve posts, from time to time as specified through rules, tbe qualifications, experience and terms and condjtions for appointment of the directon, advison, consultants and other off"tcen, employees and staff of the Authority. IH JUE SINDH GQYI, GAZETTE EXT. JlJLY 06. 2023 PART- lV (9) Tbe Authority shaU meet at such time and place and in sucb ma11ner, as may be determined and specified by the Authority, throup_ regulation., or otlaenriM. nree Memben Including the Chairman shall constitute a quorum for meetiap of the Authority requiring a decision by the Authority. (10) J;io act or proceeding of the Authority shall be invalid by reason only of the existence of• vacancy in, or defect in, the comtitution of the Authority. (11) TIie powen and functions of the Authority as provided in the Act shall be uerdled in the name of the Authority by the Authority, comprising of the Chairm-■ and the Memben. lo performance of his functions under the Act, the Chairman shall act through the Members. In the absence of the Chairman, the Memben ••Y on interim basil appoint an acting Chairman from amongst the Memben to discharge the functions of the Chairman as specified under the Act. (12) The principal office of the Authority shall be in Karachi and it may set up oftlca· at such place or places within or outside Province of Sindh as may be requlred. (13) The Authority shall have the power to constitute as many committees, councils and usociationa, to achieve its goals, u it may d~ m fit. (14) The Chalrman or a Member shall not be appointed under sub-section (2) if be h.as attained the age of sixty five (65) yean. (15) The process of appointment of new Chairman or Member under sub- section (2) shall be finalized nlnety day, prior to the outgoing incumbent Chairman or Member, u. the cue may be. (16) The proceu of appointment shall be finaliud within ninety days in case of vacancy occun due to the death, resignation or removal of the Chairman or Member. Government shall appoint • member' to work as an acting Chairman till the appointment of new Chairman within the prescribed time period. (17) The Chairman and Memben of the Authority shall be eligible .for such remunention and allowances u the Authority may, with approval of Government, determine. The remunention and allowances of the Chairman and Memben shall account for - - (•) s ~ nature of work to be performed by the Authority; . . (b) need to ensure the financial self-sufficiency of the Authority; and market- based compensations.

4. Powen aad Function• of tbe Authority. (1) Subject to the provisions or this Act, the Autbority may take such meuures and exercise such powen and {unctions u may be required for performance of its objectives. (2) Without prejudice to the generality of the powen conferred by sub- section (1), the Authority shall have exclusive regulatory power and authority: - (•) to snnt, Issue, notify, extend, renew and cancel Ucenses for the electric power scrvka; (b) to regulate the eledric power services within the Province of Sindh; (c) to dete.rmlae the terms and conditions of the supply including tariff, ntes, charge,; (d) to regulate tbe inter-province, tnnsmission of electricity; (e) to develop, undertake and approve the electric power services without any financial limit; . . 185 ItJE SINDH GOVT, GAZETTE EXL JULY 06, 2023 PARJ-lY (() to adjudicate upon disputes between the licen.stts; (g) to impose and coDect fees, ftaa and penaltia for the pupoea of tMs Act; (h) to speci.fy provincial crid, truumis1ion, distribution, market and supply codes having regard to national and lnteniatlonal 1tandard1; (i) to specify and enforce the standards with respect to qaallty, 1ervt«s, continuity and reliabllity of electric power service Ueenaeea; (.j) to issue guidelines, procedures and standards operating procedare for eledric power service Hcenaea; (k) to review its ordtn, decisions or determination, u apedfted; (I) to promote development of electricity market la accordance with tbe Electric Power Policy and Plan; (m)to discharge such other functions u may be uslped oder this Act. (3) The Authority shall ltave the geaeral powe,n to - (a) specify and receive fea aad cbarga for procasia1 applkadou, fees for grant of licences and renewal thereof and deposit ud diabane or lltilize the 1ame, if required; (b) open a.a d opera:e baak accouts la local a■d foreip calTf'IK'ia u permissible under the law, of Paldstn; (c) commence, conduct, co■ tlaue ud termiaate Utiptlon, arbitration or alternate dispute resolution mecltaaiaau at wllatever levels may be neceuary or appropriate; (d) appoint technical, professional and other adviaen, apnts and comultant1, incl■dJn& accountant,, ban.ken, engineen, lawyers, valu.en and other penons.

5. Decisions of the Authority. Sabjed to tile coapliuee of q ■onm requirements, all orders, determhlatlom and deciaiou flf tbe Aatltority abaft be taken in writing and reaclled throap coueuu or majority vote, u tile cue maybe and in cue of a tie, the Chairmu 1llall llave a cutiac vote. Provided tllat a member may participate la a •edillc electnak platfonu and suck participation shall be deemed to have formed the qaona.

6. A■tbority Hearin&, Unlaa odaenme uprmly pl'"O't'Wed • dUI Act or uy 1 rule or rqulation, any dedaio■ tlaat tlte A■turity Ila 6e power to aab, may be ·made on Its own motio■ or initiative after tile lloldac of a aedla& of dM A■tllortty, and without cfvlng notice to the public, ud without •oldla1 a lteefiq: Provided tbat If it appan to tile A■tllortty dlat la •c:t ir■ relad■c to a nplated actfvfty may d.fredJy aad aclYfl'ldy affed die ripll of a penN, tile A■tlMrity alllall, prior to reaetaiac tlae dedaioe, cfve Ille ,..... u oppo. tuity •f , being beard, illeladiat pre1a1tatio■ of evlde■ce relenat to de:ria,H.

7. Bradpt, Ft■a■ ce ud Aadit. (l) De /l■tbortty ..... a rwpcct o f ~ ft■udal year, prepare la owa IHlclpt • accerduee wlda ... p;wriNII piliCINhn. 186 THE SINDH GOVT. GAZETTE EXT. JULY 06. 2023 .PART-IV (2) The budget statement, OD tingle line basis, sltall specifically state the estimat.ed receipts and npenditure and the sums which are likely to be required from Government du.ring the ne.xt ftnancial year. (3) The Authority shall maintain complete and accu.rate books of accounts of its rece~pts and expenditure. (4) The account, of the Authority shall be audited at the c.lose of each fmancial year by a qualified firm of Chartered Accountants. (5) The Authority shall produce such accounts, books and documents and furnish such explanations and information a, the auditors may require for the purpose of audit by the external auditors. (6) Copies of the Auditor's report on the a.ccou.nts shall be provided to the Authority. (7) The Chairman of the Authority shall be its Principal Accounting Officer.

8. Grants. Government may, from time to time~ place grants to.the Authority _to carry out the powen and functions under the Act. 9. hods. There shall be constituted a non-lapsable fund to be called the Sindh Electric Power Regulatory Authority Fund which shall vest in the Authority and shall be utilized by the Authority to meet all expensp and charges properly incurred in connection with carrying OJlt the purposes of this Act. The Fund shall be credited all sums received by the Authori1y. The Fund shall be financed by - (a) fees, commissions. charges and other amounts received by the Authority; (b) funds including grants provided by Government for payment oftalaries, establishing infrastructure and running day-to-day business of the Authority as a single line budget; (c) funds provided by the Federal, ProvinciaJ or Local Governments or any other body including grants; (d) flinch including grants from national and international bodies or organizatiom; (e) loans from Government or Federal Government, as the case may be; (f) loans, investments and foreign aid obtained by the Authority; (g) fa■ds raised through Public-Private PartnenbJps by the Authority; ' (]a) funds from bonds, ••kaka and other form, of finances and investments on the buil of partlcJpation term certiftcatu, mu1harika certificates, term fjaance certificates or any other financial or debt instruments or securities issued by the Authority; and (i) proceed, of a.ay investments made by the Authority in utilizing .any amount of Funds which ii not required for immediate use. 187 THE SINDH GOVT, GAZETTE EXT, JULY 06. 2023 PART- IV

10. Expenditure to be charged on Sindh Electric Power Regulatory Authority Fund. (1) Sindh Electric Power Regulatory Authority Fund shall be expended for the purposes or - (a) paying any expendihlre lawfully incurred by the Authority, including the remuneration or salary and allowances of the Chairman, Members, staff, employees, accountants, advisers, agents, consultants, lawyers, valuers and other experts appointed and employed by Authority, including provident fund contributions, superannuating allowances or gratuities a.nd legal fees and costs and other fees and costs, if any; (b) el.ectric power service development and opention cost; (c) paying for expenditure incurred on - (i) communication strategy conventional and digital, marketing and publicity; (ii) consultative workshops, capacity building, seminan and conferences; and (ill) restructuring, organization, infrastructure and corpontization; and (d) purchasing or hiring equipment, machinery and any other materials, acquiring land and constructing buildings and carrying out any other work and undertakings by Authority in the performance of its functions or the exercise or its powen under this Act; (e) re-paying any financial accommodation received or moneys borrowed under or punuant to or by virtue of this Act and the profit, mark-up or return due thereon; (f) expenditllres incurred in relation to the objects and functions of the Authority; and (g) paying any other expenses, costs or expenditure properly incurred or accepted by the Authori.ty in the performance of its functions or the exercise of its powers under this Act. {l) The Fund will be utilized for the purposes u specified above.

11. Bank Accounts. (1) The Authority may open and maintain bank accounts in local and foreign c.u rrency in any scheduled bank in Province of Sindb. (l) Bank acco1111ts of the Authority shall be opened with the prior approval of Principal Accounting Officer. CHAPTER-ID ELECTRIC POWER POLICY AND PLAN U. Electric Power Policy and Plan. (1) Government 1hall, from time to time make and approve Electric Power Policy and Plan for development of electric power services and electricity market: l88 THE SINDH GOVT, GAZETTE EXT, JULY 06, 2023 PART - IV Provided that in the development or policy and plan under this section, Government may seek such advice and assistance from the Authority u may be required. (2) The Authority shall aid and advise Government on aJI or any of the following matters, namely:- (• ) formu.lation of Electric Power Policy and Plan; (b) promotion or competition, efficiency and economy in electric power services; (c) promotion of investment in electric power services; (d) matters in relation to Article 157 and Article 154 of the Constitution or the Islamic Republic of Pakistan, 1973; (e) any other matter referred to the Authority by Government relating to electric power services. Q) Notwithstanding anything contained in this Act, the Government: (a) to the extent electricity is supplied to Province from the national grid, require supply to be made in bulk at the point or interconnection or national and provincial grids for transmission and distribution or electricity within the province; (b) subject to Hcence, gnnted under this Act, may construct power houses and grid stations and lay transmission llnes for use within te.r ritory or the Province; (c) levy tu on sale, supply, consumption, use of electric power services within the Province; • (d) subject to licence, gnnted under the Act, determine the tariff for distribution or electricity within the province. CHAPTER-IV GRANT OF LICENCES FOR ELECTRIC POWER SERVICES

13. Captive Genention. (1) There will be no requirement for a licence in respect of captive genention facilities for supply of electric power to the bulk power consumers and consumers or it, affiliates; provided that the captive gener.tion company shall be required to register in accordance with the regulations to be specified by the Authority. (2) Notwithstanding any supply of electric power from the captive genention company to the provincial grid shall be a Licensed activity. (3) Supply or e.lectric power through the provincial grid or national grid shall be subject to the manner, procedure, term, and conditiom and payment as prescribed by ue of system agreement and me of system charges for availing open access and wheeling of electric power by the open acceu usen. l 189 JH,E SINDH GOVT, GAZETTE EXT, JULY 06, 2023 PART - IV

14. Special Purpose Licence. The Authority may, in the public interest, grant a licence authorizing the licensee to engage in the development, construction, ownenhip, maintenance and operation of specified electric power service business on the rates, charges, terms and conditions, performance standards as may be prescribed and specified by the Authority.

15. Electric Power Supply Licence. No penon sbaU, unless licensed by the Authority under this Act, engage in supply of electric power to a consumer within a service territory, subject to the eligibility criteria, terms and conditions prescribed and specified by the Authority.

16. Generation Licence. No penon shall, unless licensed by the Authority under this Act, construct, own or operate a generation facility, subject to eligi6ility c.riteria, terms and conditions, prescribed and/or specified by the Authority.

17. Distribution Licence. No person except the licencee sbaJJ engage in constru&ion and operation of the distribution facility, subject to eligibility criteria, the terms and conditioru, prescribed and specified by the Authority.

18. Microgrid Licence. (l ) No penon except the licensee shaU engage in distribution and supply of electricity to a consumer within a service territory, subject to the eligibility criteria, terms and conditions prescribed and specified by the Authority. (2) A licensee shaU be authorized to generate, distribute and supply of electricity to the consumers connected to the mkrogrid and to perform all activities incidental or anciDa_ry thereto, including, without limitation, connection, metering, billing, collection and disconnection for payment default by a consumer. (3) The Authority shaU grant a unified one licensee to one microgrid operator for the electric power services in its specified service territory to generate, distribute ud supply of electricity up to megawatts as specified. (4) A licensee shall connect and supply electricity to any consumer within its service territory on a non-discriminatory buls, except where the ~nested supply will result in the licensee exceeding the limib of distribution system a_s specified or the new connection request i1 technically or rtn.anclaJJy not viable; provided that the Authority may on receipt of a complaint by a penon denied service conduct an inquiry and issue an order accordin.gly. (5) A microgrid shaJJ not be connected to the national grid or a provincial grid without permission of the Authority and after conducting a public bearing. CHAPTER-V INVESTMENT AND TARIFF

19. Tariff. Notwithstanding anything contained in any other law, for the time being in force, the Authority shall determine, mod.ify or revise the rates, charges and terms and conditions for the provis.ion of eJectric power services in accordance with procedure specified by the Authority and such guidelines u may be issued by Government in order to give effect to the electric power policy and plan. 190 TH£ SJNDH GOVT, GAZETTE EXT, JULY 06, 2023 PARJ - IY

20. Investment and Power Acquisition Plan. (I) The Authority shall specify procedures and standards for the electric power services companies' investment and power acquisition plans. (2) Any procedures speci.fied by the Authority under this section shall advance the goal of competition for market participants and regulations for service providers. (3) Upon the Authority' s approval of an investment plan or a power acquisition plan, the Authority shall. subject to such terms and conditions, including rates and charges of electric power, permit the market participants and service providers to enter into contracts for network investment and purchase or dectric power. CHAPTER-VI ELECTRICITY MARKET

21. Competitive Electricity Market. (I) The Authority shall in a speciJied manner may commence the competitive elec:tridty market development, institutional reforms and implementation comprising of system operator, market operator, whereby generators, distributors, traders and suppliers of electricity will sale, supply and trade electric power among licensees and to the consumers on blJateral, real time, spot market through an organized market mechanism, administration and settlement as approved and amended from time to time by the , Authority. (2) The suppliers, cons11mers and generators will have right for open access and wheeling or electric power through the transmission and distribution facilities of the transmission and distribution companies or the licensees and NEPRA licensees. (3) The Authority may also allow· the atablilhment or platforms and communication stntegy for conduct of the prequaliflcation and bidding process of the competitive auctions for electric power services and wi.11 make arrangements available for competitive auction of capacity and energy for providing services to licensees and the coruumers. (4) The Authority may establish power exchange, electronic platforms, electronic tnding and electronic commerce for creation and operation of virtual and real time electricity markets with associated information and operation technologies development, system integrated operations and planning, market management system, smart meters, smart and micro grids and any other related information and communication technology Interventions.

22. Licen.,ees to be Companie... VnJess, eumpted by the Authority for reasons so determined, a liceDt'e shall not be granted to any penon unless it is a company registered under the Companies Act, 2017.

23. NEPRA Licences. (I) Tbe licences granted by the NEPRA shall be deemed to be licences issued or granted under this Act. 191 THE SJNDH coyr, GAZETTE EXT, JULY 06. 2023 PART - IV (2) Notwithstanding the provisions or aub-seetion (1), the Authority may direct the licensee under the NEPRA Act to obtain a licence under this Act where the Authority is of the opinion that the grant of the licence ls its exclusive power and function pursuant to the Act. (3) The NEPRA shall not issue eny NEPRA licence to a penon within the Province of Sindh with objects relating to the Province of Sindb without prior consultation wit.h the Authority.

24. Modific.ation and Renewal or Licence. (1) If the Authority is of the opinion that it is in the public interest, it may, with the consent of the licensee, modify or ammd the terms and conditions of any licence granted under this Act and in the absence of licensee' s consent, the Authority shall conduct a public bearing whether the prop~sed modification or amendment is in the public interest and sbaU make a decision and issue determination consistent with the outcome to this hcarin1, (2) The licence may be renewed or gnnted, after e1piry of itl period, upon the application of the licensee, subject to satisfactory performance of the licensee, compliance with the Act, the applicable documents and on 1uch afresh terms and conditions as the Authority may deem appropriate for renewal or gnat licen"-

25. Assignment of licence prohibited. A licensee shall not, without the prior approval of the Authority, surrender, u,jgn or transfer Its Ucence to any penon.

26. Corporatization. The Authority may - (a) undertake any joint venture or work in association with any penon and may 19ublcribe to the equities and acquire such other rights and obligations as may be neceuary for suc.b joint venture or association; (b) promote, form or sponsor any company or companies having object, of provision of electric power servica and development aad utilization of any resources of energy for 1upply bminess; and (c) subscribe for, take or otherwise acquire, bold and dispose of a.bares, bonds, debentures, commercial papen or othe.r securities of any company promoted, formed or sponsored and usign rigbta, interests and title in property for restructuring or corporatiz.atioa of the companies providing electric power services. CHAPTER-VD INVESTIGATION AND ENFORCEMENT

27. Inquiry and investigation by the Authority. (1) Tbe Authority may initiate an inquiry and or investigation for determination or ascertainment of any contravention of tbe application documents. (2) TIie A ■tllority may appoiat one or more offlcen as an Administrator to investigate, either on its own motion or on the bull of uy information received, whether any contravention of any provisioa of applicable de><aments or anything specified by this Aet bu been commJtted; provided that inquiry and/or investigation of an Administrator shall be carried in such manner and procedure as may be specified by the Authority. \ 192 THE SINDH GOVT, GAZETTE EXT, JULY 06, 2023 PARJ - IY (3) Where an Administrator after concluding an inquiry and or investigation is satisfied that a contravention of any provision of applicable documents or anytlling specified by this Act bu been committed, be may recommend to the Authority to u.ndertake any of the following, in the manner and procedure specified by tbe Authority:- (•) impose a fme on or sanction 1tny person responsible for so.ch contravention; (b) smpend or cancel a.ny licence Wlled by the Authority to 1tny person responsible for Sllcb contravention; 1tnd (c) issue directions to any licensee to cease from doing any particular act. (4) The Cmdings of any inquiry or investigation report shall be placed before the Authority for its determination. (5) The Authority 1h1tU specify the procedure for inquiry and investigation. (6) Upon atabllshment of the contranntion or breach of the applicable docanlenta or any provision of this Act, the Authority may impose fines llDd penalties in accordance with the regulations.

23. Ellfon:emeat of orden of the Authority. The Authority' s determinations shaU be deemed to be decrees of a civil court under the Code of Civil Procedure, 1908 (Act V of 1908).

29. Complaints. (1) Any interested or effected person may me a written complaint with the Authority agabut a licemee for contravention of any provision of this Act or applicable documents specified or issued thereunder. (2) The Authority 1ball, on receipt of a complaint, before taking any action thereon, give notice to the licen1ee or any other penon against whom such complaint hu been made to 1how caUff and provide such licensee or such other penon u opportunity of being beard. (3) The procedure for determination of complaints s.haU be framed through replations. CHAPTER-VIIl MISCEL LANEOUS

30. Alternate Dispute Resolution Mecbanism. The Authority shall specify a lepJly biDdJa& -d ..torceable alternate, dupute resolution mech.llDism for the settlement of all dilpates arising amonpt and between the Authority and the liceusea or between the licensees.

31. Powen to make rules. Government may, by notiflcation in the official Gazette, make rules on the matten u deemed necessary for implementation and to carry out the parposes of this Act. 193 THE SIN DH GOVT, GAZETTE EXT, JULY 06, 2023 PART- IV

32. Powen to make regulations. The Autbority may, by notitkation in ttae ofrlcial Gautte, make regulation, not incomistent with the provisiou of the Act u deemed necessary for the performance or functions, Implementation or and to carry out the purposes of this Act.

33. Annual report. The Authority shall prepare and sabmit to Govenament, within four months or the expiry or each tlaanciaJ year, a report pertaiaing co conduct of lu affairs for that year includ1ng anticipated developments for the following year, the tlaancial statements, performance, investment plan and conduct or its functions and affain for the relevant years.

34. Information. The Authority may caU for any information, required by ii for carrying out the purposes of this Act, from any person ia-volved directly or indirectly, in the provision of electric power servka or any matter inckleatal or consequential thereto. Any swcb persoa shall be liable to provkle the information cal.led by the Authority, failing which be shall be liable to a peaalty under this Act.

35. Delegation of powers. The Autlllority may delegate any of its powen and assign its functions subject to _such conditions u It may deem fit to impose, to the Chairman, Member, Employee or any committee.

36. Recruitmeot. The Authority may, from time to tiate, create, sanction and appro-ve postJ and determine the need to employ a■d appoia1 such offittn, members of itJ staff, advisen, consultants, experts a■d odler employees, u it considers necessary for efficient and effective performance of Its functions on suc.h terms and conditions u may be prescribed or until 10 prescribed u may be determined by the Authority with the approval or Govern meat: Provided that aU appointments sbaU be made la aeeordaaee with tllle specified educational, technical or professional qualifteatiou and experieaee as m.a y be prescribed; Provided further that the regulations, orders, iucntc:tiou for tllle time beiq in force governing all appointments and terms or service or employees of the Authority sbaU be contractual and non-statutory.

37. Employee or tbe Aathority to be plblk serva■ta. For the pwrpoeee of tllil Act, the Cbainlan, Me•ben, directers a■d other offken, staff, adviMn, consultants or the Authority 1baJI be deemed to be pablk 1erva■ tJ witltin die meaning of section 21 or the Pakistan Penal Code, 1860 (Act XL V of 18'0).

38. Aa.sistance from agenda aad penou. NotwithltudiDC uyDUIC CNJliNd in any other law for the time beinc in foiu, the Awtllority may Mell a■y ulistuee or information from any pe.n on including llat aot limJtecl to, departmnt, statatory body, corpontion, •ency of Govern•nt or local body wlllQ, ill kl epiluell, concerns aay matter relating to tile r.actionlJII er tile Awtltortty • dM nqllilite auistaace or information, whatever tile case . .y be, sllaU N p.o,...._. t. die Authority within the time frame stipulated by It. 194 THE SINDH GOVT. GAZEITE EXT, JULY 06, 2023 PART-IV 39. lndelllDity. No suit, prosecution or other legal proceedings including criminal proceedings shall lie agai11st the Authority, the Chairman, Members, directors, OfflCffl, the employees, advisors and consuJtants of the Authority and its 1absidiarla for anything done in good faitJt or intended to be done undu this Act or any rule or rqulation.

40. SWDI payable to the Authority to be recoverable u land revenue. AU sums payable to the Authority in accordance with the provisions of this Act and the rules or regulatiou shall be recoverable as arrears of land revenue.

41. Act to override other laws. The provisions of this Act shall have effect aotwitbstaadlng anything to the contrary contained in any other law for the time beillg hi force.

42. Relatioa1hip to other laws. The provisiou of this Act, rules and regulations made and Ucenca Issued thereunder 1haD have effect notwithstanding anything to the contrary contabaed in any other law, rule or rqulation, for the time being in force and the Authority shall, subject to the provisions of this Act, be exclusively empowered to determine rates, charges and other terms and conditions for electric aower services within the Province of Sindh.

43. Power of the Authority to Issue directives, circulars, guidelines, etc. The Authority shall have the power to issue such directives, codes, guidelines, circulars or notifications as are necessary to carry out the purposes of thi.s Act and the ruJes .ud regulatio111 made hereunder.

44. Es:clasivity. (1) The sites for generation of electricity, including but not lliaited to wind conidon, wind farms, mines, gas reservoirs, solar parks, waste to eaergy, blomau renewable energy, irrigation canals within the Province of Sindh, are es:clasively vested in the Government. (l) The sites may be developed by the Authority through the public sector, private sector and or on public private partnership basis, as prescribed. BY ORDER OF THE MADAM ACTING SPEAKER PROVINCIAL ASSEMBLY OF SINDB M.H.M.HASSAN SHAH ACTING SECRETARY PROVINCIAL ASSEMBLY OF SINDH Karachi: Printed at the Sindh Government Press 06-07-2023