Alternative Energy Development Board Act, 2010 (Act No. XIV of 2010)

2. Definitions.-In. this Act unless there is anything repugnant in th subject or context,- (a) "alternative or renewable energy" means energy that is produced b alternative or renewable resources as compared to the conventiona or that are replenished naturally which do not deplete when consume and are non-polluting and environment friendly; (b) "Board" means Alternative Energy D~velopment Board (AEDB) established under section 3: (c) "Chairman" means the Chairman of the Board; (d) "Chief Executive Officer (CEO)" means the Chief Executive Office of the Board appointed under section 5; (e) "Chief Secretary_" means Chief Secretary of a Province; (f) "Fund" means the Alternative Energy Fund (AEF) established unde section 13; (g) "Institl!te" means Institute of Alternative and Renewable Energy Technologies established under section 11; (h) "Member" means Member of the Board; (i) "organization" means an organization of alternative and renewable energy established under section 10; Al<'I II THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 20IO 409 (j) "prescribed" means prescribed by rules or regulations made under this Act; (k) "President" means President of the Islamic Republic of Pakistan; (I) "Prime Minister" means Prime Minister of the Islamic Republic of Pakistan; (m) "Provincial Secretary" means a Secretary of a Provincial Government; (n) "regulations" means the regulations made under this Act; and (o) "'rules" means the rules made under this Act. CHAPTER II ALTERNATIVE ENERGY DEVELOPMENT BOARD

3. Establishment of the Board.-(!) There shall be established an ltcrnative Energy Development Board for carrying out the purposes and objectives f this Act. (2) The Board shall be a body corporate having perpetual succession and common seal, with administrative and financial powers, subject to the provisions f this Act, to enter .into agreements, contracts, acquire and hold property, both oveable and immoveable and to sue and be sued in its name. (3) The head office of the Board shall be at Islamabad and the Board 1ay set up sub-offices at such place or places as it may deem necessary. (4) The Board shall consist of the Chairman and Members.

4. Chairman of the Board.-The Chairman of the Alternative Energy evclopment Board shall be appointed by the Federal Government on such terms nd conditions as may be determined by the Federal Government.

5. Terms and conditions of office of the Chief Executive Officer CEO).-(] )The Chief Executive Officer shall be appointed by the Federal overnment and the terms and conditions of the Chief Executive Officer, his emuneration and privileges shall be such as may be determined by the Federal overnment. (2) The Chief Executive Officer shall be an eminent engineering rofessional of known integrity, competence and expertise in handling Alternative ancrgy development projects. 410 THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 (3) The Chief Executive Officer may resign from his office by giving on month notice, by writing under his own hand, addressed to the Federal Governmen . The age of Chief Executive Officer shall not be more than sixty five years. (4) The Chief Executive Officer will be answerable to the Board for al administrative, financial and technical matters of the Board. The Board may delegat such administrative and financial powers to the Chief Executive Officer for carryin out day to day affairs of the Board.

6. Members of the Board,-( I) The composition of the Board sha he as follows:- (a) Chairman; (h) Se,retary, Finance Division or his nominee not below the rank o · Additional Secretary or equivalent; (c) Secretary, Ministry of Water and Power or his nominee not below th rank of Additional Secretary or equivalent; (cl) Secretary, Planning and Development Division or his nominee not belo the rank of Additional Secretary or equivalent; (e) Secretary, Ministry of Petroleum and Natural Resources or his nomine not below the rank of Additional Secretary or equivalent; (f) Secretary, Ministry of Science and Technology or his nominee no below the rank of Additional Secretary or equivalent; (g) Secretary, Ministry of Environment or his nominee not below the ran of Additional Secretary or equivalent; (h) Six Members from private sector, of whom at least three shall b experts on alternative energy. <.L<.; full-time Members to be appointe by the Prime Minister on the recommendations oft he Board; (i) Chief Secretaries of. the governments of Balochistan, Khybe Pakhtunkhwa, Punjab and Sindh or their nominees, not below the ran of Provincial Secretary; and U) The Chief Executive Officer of the AEDB. (2) The Secretary of the Board shall be appointed by the Federa Government on the recommendations of the Board. PARTII THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 411 (3) The Federal Government may increase or decrease the number of embers of the Board from time to time as it may consider appropriate. (4) The Federal Government may prescribe the qualifications and mode )r appointment of Members from privale secLor in such manner as it may consider 1ppropriate. (5) The business of the Board shall be conducted as prescribed. (6) One-half of the total membership of the Board shall constitute the 1uorum and in case of equality of votes the Chairman shall have the casting vote. (7) In the absence of the Chairman. a Member designated by the Chairman hall preside over the Board meeting.

7. Terms and conditions of office of Members.-'-(!) A Member. 1ther than an ex officio Member, shall be appointed by the Federal Government for period of three years, extendable for another term of three years. (2) A Member. other than ex officio Member. may at any time resign 'rom his office by giving one month's notice. in writing under his own hand, addressed o the Federal Government. (3) The Federal Government may remove any Member, other than •x ofli'cio Member, on grounds of misconduct and physical incapacitation.

8. Functions of the Board. -The functions of the Board shall be 'o\lowiflg, namely:- (a) to develop national strategy, policies and plans for utilization of alternative and renewable energy resources to achieve the targets approved by the Federal Government in consultation with the Board; (b) to act as a forum for evaluating, monitoring and certification of alternative or renewable energy projects and products; ( c) lo act as a coordinating agency for commercial application of alternative or renewable technology; and (d) to facilitate energy generation through alternative or renewable energy resources by,~ (i) acting as one window facility for establishing, promoting and facilitating·alternative or renewable energy projects based on wind. solar, micro-hydel, fuel cells, tidal, ocean, biogas, biomass, etc; 412 THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 [PARl I (ii) seuing up alternative and renewable energy projects on it's ow or through joint venture or paitnership with public or private entitie. in order to create awareness and motivation of the need to tak such initiatives for the benefit of general puhlic as well as b evaluating concepts and technologies from technical and financia perspective; (iii) conducting feasibility studies and surveys to identify opprntunitie. for power generation and other applications through alternativ and renewable energy resources; (iv) undertaking technical, financial and economic evaluation of th alternative or renewable energy proposals as well as providin assistance in filing of required licensing applications and tarif petitions to National Electric Power Regulatory Authorit (NEPRA) established under the Regulation of Generation Transmission and Distribution of Electric Power Act, 1997 (X of 1997); (v) interacting and co-ordinating with national and internationa agencies for promotion and development of alternative energy (vi) assisting the development and implementation of plans wit concerned authorities and provincial governments and specia areas for off-grid electrification of rural areas; and (vii) making legislative proposals to enforce use and installation o equipment utilizing renewable energy.

9. Committees of 'Board.-( l) The Board may, for carrying out it functions, constitute such committees, from time to time, as may be considere appropriate by the Board. (2) The committees shall conduct their business in such manner as ma be prcscri bed by the Board. I 0. Organization of the Board.-( 1) The Board may, for carrying o its tunctions for promotion of alternative and renewable energy, development o alternative and renewable energy technologies, certification of alternative an renewable energy products and projects and project management may establish on or more organizations as it may consider necessary. (2) The organization established under sub-section ( l) shall be subject t control and supervision of the Board and shall function within the framework of thi Act. THE GAZETTE OF PAKISTAN, EXTRA .. MAY 25, 2010 413 (3) An organization established under sub-section (I) shall perform such l usi1ll':,s as may be prescribed by regulations by the Board for the purpose.

11. Institute of Alternative and Renewable Energy Technologies.- ( I) The Board may, for cmTying out its functions of commercial application of · ltcrnative or renewable energy and corresponding human resource development in t c area of alternative and renewable energy, establish an Institute of Renewable nngy Technologies. (2) The Institute shall conduct the business in such manner as may be 1 rescri bed by regulations by the Board. I]. Appointment of officers and staff of the Board.-(!) The Board ay appoint such officers, experts, ad visors, consultants and members of staff as it 1ay consider necessary for the. efficient performance of its functions on such terms · nd conditions as may be prescribed. (2) The officers, members of the staff, ad visors, consultants and experts nd other persons appointed by the Board shall not be civil servants within the caning of the Civil Servants Act, 1973 (LXXI of 1973). (3) The Chairman and non-official Members of the Board, officers, 1Ch·isms. consultants, employees and staff of the Board when acting or purporting to 1ct under any of the provisions of this Act, or rules and regulations, shall be deemed o be public servants within the meaning of section 21 of Pakistan Penal Code (Act LV of 1860). CHAPTER Ill FUND, ACCOUNTS AND AUDIT

13. Alternative Energy Fund.-( I) There shall be established a non- apsable fund vesting in the Board to be known as the "Alternative Energy Fund" or the purpose of meeting expenses in connection with the functions and operations ,f the Board, Institute, Projects and Organizations under this Act, including payment ,f salaries and other remuneration payable to the CEO, Members, members of its ·taff, experts, consuliants, advisors and other oflicers and employees of the Board, Institute and the Organizations. (2) The fund shall consist of,- (a) fonds provided by the Federal Government for payment of salaries, establishing infrastructure and running the day to day business of the Board: 414 THE GAZE'ITE OF PAKISTAN, EXTRA .. MAY 25, 20!0 rPART (b) loans or grants by the Federal Government or any Provinci, I Government or local authority; (c) other loans or funds obtained by the Board; (d) foreign aid, grants and loans negotiated and raised, or otherwis obtained by the Board, directly or through the Economic Affai Division; (e) charges for services or for the provision of any information or repo automated or otherwise to any government, private or any other perso or entity: (f) fees and commissions collected by the Board as prescribed from tim to time; (g) income from the sale of moveable or immoveable property; (h) funds from floating bonds, shares, debentures, commercial papers, o other securities issued by the Board or through any other means; (i) all other sums received or earned by the Board; and G) income'from investments; receipts. (3) The Alternative Energy Fund shall be kept in one or more account. maintained by the Board, in local or foreign currency in any commercial bank i Pakistan and shall be operated in accordance with the directions of the Board. (4) The Federal Government shall fund all administrative, operational an any other expenses: Provided that the responsibility of the Federal Government t< exclusively fund the operations and functions of the Board shall ceas at such appropriate time when in the opinion of the Federal Govemmen the Board shall have become capable of funding its functions an operations envisaged under this Act to be funded by the Board;

14. Accounts and audit,-( I) The Board, Institute and Organizations, shall prepare their o":n budget in respect of each financial year, in accordance with fhe prescribed procedure and shall maintain<:omplete and accurate books of accounts of their actual expenses, and receipts including that of the Alternative Energy Fund. (2) The accounts of the Board, Institute and Organizations, shall be audited hY a reputable firm of Chartered Accountants, who are, within the meaning of the P."nll THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 .· 415 .bartered Accountants Ordinance, 1961 (X of 1961), appointed by the Board in ·onsultation wit)1 the Auditor-General of Pakistan, from a panel of chartered ,ccountants proposed by the Board on such terms and conditions as the Board may etermine. (3) The Auditors appointed under sub-section (2) shall be provided access o the books, accounts and other documents as may be considered necessary by hem for audit of the accounts. (4) The Auditor-General may conduct each year external audit of the Board as per Auditor General's (Functions, Powers and Terms and Conditions of Service) Ordinance, 2001 (XXIII of2001). CHAPTER IV MISCELLANEOUS

15. Delegation of powers.-(!) The Board may delegate all or any of its powers and functions to the Chief Executive Officer (CEO) subject to such conditions and limitations, as it may prescribe. (2) The Board may delegate all or any of its powers and functions under this Act to any Member or Officer of the Board, subject to such conditions and limitations, as may be prescribed,

16. Issuarn;e of policy directives.-The Federal Government may, as and when it considers necessary, issue policy directives to the Board_ in respect of its activities and the compliance of such directives shall be -binding on the Board.

17. Annual report.-On conclusion of each financial year, the Chief Executive Officer shall submit an annual report to the Federal Government in respect of all activities of the Board including the status of its existing programmes, projects and future plans formulated in furtherance of its aims and objectives and the Federal Government shall cause a copy of the report to be presented in the Committees of the National Assembly and Senate and to be laid before the Parliament.

18. Power to make rules.-The Federal Government may, on the recommendations of the Board. make rules to carry out the purposes of this Act.

19. Power to make regulations.-( I) The Board, may make regulations, not inconsistent with this Act and the rules, to carry out the purposes of this Act. (2) Withou't prejudice to the generality of the forgoing provisions, the regulations may provide for.- 416 THE GAZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 [PART I (a) disciplinary proceedings and award of punishments; (b) terms and conditions alongwith remuneration and privileges. etc. appointments of officers, staff members, experts, advisors and consultants etc; ( c) prescription of d_ifferent scales and grades etc. for the remuneration and privileges of officers, staff members, experts, advisors and consultants of the Board: (d) procedure for appointment of members of different committees and laying down regulations for the conduct of their business; and (e) all or any of the matters which by this Act ctrc to be or may be prescribed by the regulations.

20. Authorities to aid the Board.-All executive authorities in the Federation and in the Provinces shall render such assistance to the Board as may be necessary for the execution of its programmes and projects being carried out under this Act.

21. Indemnity of the Board.-No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman, the Chief Executive Officer (CEO), the Members, professionals, officers, advisprs. consultants, and other persons and employees of the Board, in respect of anything done or intended to be done in good faith under this Act.

22. Removal of difficulties.-lf any difficulty arises in giving effect to any of the provisions of this Act, the President may make such order. not inconsistent with the provisions o_f this Act, as may appear to be necessary for removing the difficulty.

23. Dissolution of Board.-Upon the commencement of this Act, the Alternative Energy Development Board established vide Notification Nu. F. 1/7/2003-Admn II, dated 12th May 2003, hereinafter referred to as the former Board. shall stand dissolved and upon such dissolution.- (a) all assets, rights, powers, authorities and privileges and property, moveable and immoveable, cash and bank balance. reserve funds, investments and all other interests and rights in, or arising out of such property and all debts, liabilities and obligations of whatever kind of the former Board subsisting immediately before its dissolution shall stand transferred to and vest in the Board; P RTIJ THE Gi\ZETTE OF PAKISTAN, EXTRA., MAY 25, 2010 417 (b) all officers and other employees of the former Board shall, notwithstanding anything contained in any law or in any agreement, deed, document or other instrument. stand transferred to the Board and shall be deemed to have been appointed or engaged by the Board in accordaµce with the terms and conditions of service applicable to them; and no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer; (c) all debts and obHgations incurred or contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the former Board before its dissolution shall be deem_ed to have been incurred, entered into, acquired or engaged to be done by, with or for the Board; and (d) all suits and other legal proceedings instituted by or against the former Board before its dissolution shall he deemed to be suits and proceedings by or against the Board and may be proceeded or otherwise dealt with accordingly.

24. Exemption from taxes.-Notwithstanding anything contained in the come Tax Ordinance, 2001 (XLIX of 200 I). or any other law for the time being in r rce rcbting to income tax, the Board shall not he liable to pay any such tax on its 1 come, investment, capital profit, wealth, gifts or gains. R.AJA MUHAMMAD AMIN, Secretary . • PRINTED BY THE MANAGER, PRiNTING CORPORATION OF PAKISTAN PRESS. ISLAMABAD. l(JRLISHED BY THE DEPUTY CONTROLLER. STATIONERY AND FORMS. UNIVERSITY ROAD, KARACHI.