| The
Gazette |
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of
Pakistan |
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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ISLAMABAD, Wednesday, October 3, 2007
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PART
I
Acts, Ordinances, President’s Orders and Regulations
GOVERNMENT OF PAKISTAN
LAW, JUSTICE AND HUMAN RIGHTS DIVISION
Islamabad, the 3rd October, 2007
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No.
2(1)/2007-Pub.:- The following Ordinance promulgated
by the President is hereby published for general information:----
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ORDINANCE
No. LVI OF 2007
to provide for establishment of Alternative
Energy Development Board
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WHEREAS, it is expedient to provide for
the establishment of Alternative Energy Development Board
(AEDB) as an autonomous body for the purpose of implementation
of various policies, programmes and projects in the field
of Alternative or Renewable Energy Technologies;
AND WHEREAS the objective
of the Alternative Energy Development Board is to assist
and facilitate development and generation of Alternative
or Renewable Energy in order to achieve sustainable economic
growth with transfer of technology for development of an
indigenous technological base through a diversified energy
generation;
AND WHEREAS the National
Assembly is not in session and the President is satisfied
that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in exercise
of the powers conferred by clause (1) of Article 89 of the
Constitution of the Islamic Republic of Pakistan, the President
is pleased to make and promulgate the following Ordinance:-
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| CHAPTER
I
PRELIMINARY
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1. Short title, extent and commencement
- (1) This Ordinance may be called the Alternative
Energy Development Board Ordinance, 2007.
|
| (2) |
It
extends to the whole of Pakistan. |
| (3) |
It
shall come into force at once. |
2.
Definitions.-In this Ordinance, unless there
is anything repugnant in the subject or context, - |
| (a) |
“alternative
or renewable energy” means energy that
is produced by alternative or renewable resources
as compared to the conventional or that are
replenished naturally, which do not deplete
when consumed and are non-polluting and environmental
friendly; |
| (b) |
“Board”
means Alternative Energy Development Board
(AEDB) established under section 3; |
| (c) |
“Chairman”
means the Chairman of the Board. |
| (d) |
“Institute”
means Institute of Alternative and Renewable
Energy Technologies established under section
11; |
| (e) |
“Member”
means Member of the Board. |
| (f) |
“organization”
means an organization of alternative and renewable
energy established under section 10; |
| (g) |
”prescribed”
means prescribed by rules or regulations made
under this Ordinance; |
| (h) |
“President”
means President of the Islamic Republic of
Pakistan; |
| (i) |
“regulations”
means the regulations made under this Ordinance;
and |
| (j) |
“rules”
means the rules made under this Ordinance. |
| |
|
|
| CHAPTER
II
ALTERNATIVE ENERGY DEVELOPMENT BOARD
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3.
Establishment of the Board. - (1) There shall
be established an Alternative Energy Development Board
for carrying out the purposes and objectives of this
Ordinance.
(2) The Board shall
be a body corporate having perpetual succession and
a common seal, with powers, subject to the provisions
of this Ordinance, to enter into agreements, contracts,
acquire and hold property, both moveable 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 may
set up sub-offices at such place or places as it may
deem necessary.
(4) The Board shall
comprise of the Chairman and Members.
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4.
Chairman of the Board-The Chairman
of the Alternative Energy Development Board shall
be appointed by the Federal Government on such terms
and conditions as may be determined by the Federal
Government. |
5. Terms and conditions
of office of the Chief Executive Officer (CEO).-
(1) The Chief Executive shall be appointed by the
Federal Government. The terms and conditions of
the Chief Executive his remuneration and privileges
shall be such as may be determined by the Federal
Government.
(2) The Chief Executive
shall be an eminent engineering professional of
known integrity, competence and expertise in handling
development projects.
(3) The Chief Executive
shall hold office for a period of three years extendable
for another term of three years.
(4) The Chief Executive
may resign from his office by giving one month notice
by writing under his own hand, addressed to the
Federal Government. The age of CEO shall not be
more than 65 years.
(5) The Chief Executive
will be answerable to the Board for all administrative
and financial matters of the Board. He may be delegated
the powers to make administrative and financial
decisions for day-to-day running of the Board.
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6.
Members of the Board. - (1) The composition
of the Board shall be as follows:- |
| (a) |
Chairman; |
| (b)
|
Secretary,
Finance Division or his nominee not below
the rank of Additional Secretary or equivalent; |
| (c) |
Secretary,
Ministry of Water and Power or his nominee
not below the rank of Additional Secretary
or equivalent; |
| (d) |
Secretary,
Planning and Development Division or his nominee
not below the rank of Additional Secretary
or equivalent; |
| (e) |
Secretary,
Ministry of Petroleum and Natural Resources
or his nominee not below the rank of Additional
Secretary or equivalent; |
| (f) |
Secretary,
Ministry of Science and Technology or his
nominee not below the rank of Additional Secretary
or equivalent; |
| (g) |
Secretary,
Ministry of Environment or his nominee not
below the rank of Additional Secretary or
equivalent; |
| (h) |
Additional
Secretary, Cabinet Division; and |
| (i)
|
Six
Members nominated by the Federal Government
Board with the approval of the Prime Minister;
and |
| (j) |
The Chief Executive Officer of the AEDB |
|
(2)
The Secretary of the Board shall be appointed by the
Federal Government on the recommendations of the Board.
(3) The Federal Government
may increase or decrease the number of Members of
the Board from time to time as it may consider appropriate.
(4) The Federal Government
may prescribe the qualifications and mode of appointment
of Members from private sector in such manner as it
may consider appropriate.
(5) The business of
the Board shall be conducted as prescribed.
(6) One half of the
total membership of the Board shall constitute the
quorum and in case of equality of votes the Chairman
shall have the casting vote.
(7) In the absence
of the Chairman, one of the Technical Members designated
by the Chairman shall preside over the Board meeting.
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7.
Terms and conditions of office of Members.
- (1) A Member, other than an ex-officio Member, shall
be appointed by the Federal Government for a period
of three years, extendable for another term of three
years on the recommendations of the Board. |
(2)
A Member, other than ex-officio Member, may at any
time resign from his office by giving one-month notice,
in writing under his own hand, addressed to the Federal
Government.
(3) The Federal Government
may remove any Member, other than ex-officio Member,
on grounds of misconduct and physical incapacitation.
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8.
Functions of the Board. - The functions of
the Board shall be as under, namely: - |
| (i) |
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; |
| (ii) |
to
act as a forum for evaluating, monitoring
and certification of alternative or renewable
energy projects and products; |
| (iii) |
to
act as a coordinating agency for commercial
application of alternative or renewable technology; |
| (iv) |
to
facilitate power generation through alternative
or renewable energy resources by -
| (a) |
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; |
| (b) |
setting
up alternative and renewable energy
power pilot projects on it’s
own or through joint venture or partnership
with public or private entities in
order to create awareness and motivation
of the need to take such initiatives
for the benefit of general public
as well as by evaluating concepts
and technologies from technical and
financial perspective; |
| (c) |
conducting
feasibility studies and surveys to
identify opportunities for power generation
through alternative and renewable
energy resources; |
| (d) |
undertaking
technical, financial and economic
evaluation of the alternative or renewable
energy proposals as well as providing
assistance in filing of required licensing
applications and tariff petitions
to National Electric Power Regulatory
Authority (NEPRA) established under
the Regulation of Generation, Transmission
and Distribution of Electric Power
Act, 1997 (XL of 1997); |
| (e) |
interacting
and co-ordinating with national and
international agencies for promotion
and development of alternative energy; |
| (f) |
assisting
the development and implementation
of plans with concerned authorities
and provincial governments for off-grid
electrification of rural areas; and |
| (g) |
making
legislative proposals to enforce use
and installation of equipment utilizing
renewable energy.making legislative
proposals to enforce use and installation
of equipment utilizing renewable energy. |
|
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9.
Committees of the Board. - (1) The Board
may, for carrying out its functions, constitute such
committees, from time to time, as may be considered
appropriate by the Board.
(2) The committees
shall conduct their business in such manner as may
be prescribed by the Board.
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10.
Organization of the Board. - (1) The Board
may, for carrying out its functions for promotion
of alternative and renewable energy, development of
alternative and renewable energy technologies, certification
of alternative and renewable energy products and projects
and project management, establish one or more organizations,
as it may consider necessary.
(2) The organization(s)
established under sub-section (1) shall be subject
to control and supervision of the Board and function
within the framework of this Ordinance.
(3) An organization
establish under sub-section (1) shall perform the
business as may be prescribed by regulations by the
Board.
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11.
Institute of Alternative and Renewable Energy Technologies.
- (1) The Board may, for carrying out its functions
of commercial application of alternative or renewable
energy and corresponding human resource development
in the area of alternative and renewable energy, establish
an Institute of Renewable Energy Technologies.
(2) Institute shall
conduct the business in such manner as may be prescribed
by regulations by the Board.
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12.
Appointment or employment of officers and staff of
the Board.- (1) The Board may appoint such
officers, experts, advisors, consultants and members
of staff as it may consider necessary for the efficient
performance of its functions on such terms and conditions
as may be prescribed under the rules made with the
prior approval of the Federal Government.
(2) The officers,
members of the staff, advisors, consultants and experts
and other persons appointed by the Board shall not
be deemed to be civil servants within the meaning
of the Civil Servants Act, 1973 (LXXI of 1973).
(3) The Chairman and
non-official Members of the Board, officers, advisors,
consultants, employees and staff of the Board, when
acting or purporting to act under any of the provisions
of this Ordinance, or rules and regulations, shall
be deemed to be public servants within the meaning
of section 21 of Pakistan Penal Code 1860 (Act XLV
of 1860)
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CHAPTER
III
FUND, ACCOUNTS
AND AUDIT
|
13.
Alternative Energy Fund. - (1) There shall
be established a non-lapsable fund vesting in the
Board to be known as the “Alternative Energy
Fund” (AEF) for the purpose of meeting expenses
in connection with the functions and operations of
the Board, Institute and Organizations under this
Ordinance, including payment of salaries and other
remuneration payable to the Chairman, Members, members
of its staff, experts, consultants, advisors and other
officers and employees of the Board, Institute and
the Organizations. |
| (2)
The fund shall consist of:- |
| (a) |
funds
provided by the Federal Government for payment
of salaries, establishing infrastructure and
running the day to day business of the Board; |
| (b) |
loans
or grants by the Federal Government or any
Provincial Government or local authority; |
| (c) |
other
loans or funds obtained by the Board; |
| (d) |
foreign
aid, grants and loans negotiated and raised,
or otherwise obtained, by the Board, through
the Economic Affairs Division; |
| (e) |
charges
for services or for the provision of any information
or report automated or otherwise to any government,
private or any other person or entity; |
| (f) |
fees
and commissions collected by the Board as
prescribed for time to time; |
| (g) |
income
from the sale of moveable or immoveable property; |
| (h) |
funds
from floating bonds, shares, debentures, commercial
papers, or other securities issued by the
Board or through any other means; and |
| (i) |
all
other sums received by the Board; |
|
(3)
The Alternative Energy Fund shall be kept in one or
more accounts maintained by the Board, in local or
foreign currency in any scheduled bank in Pakistan
and shall be operated in accordance with the directions
of the Board.
(4) The Government
shall fund all administrative, operational and any
other expenses:
|
Provided
that the responsibility of the Federal Government
to exclusively fund the operations and functions of
the Board shall cease at such appropriate time, when
in the opinion of the Federal Government, the Board
shall have become capable of funding its functions
and operations envisaged under this Ordinance to be
funded by the Board; |
14.
Accounts and Audit. - (1) The Board, Institute
and Organization(s), shall prepare their own budget
in respect of each financial year, in accordance with
the prescribed procedure and shall maintain complete
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 Organization(s)
shall be audited by a reputable firm of Chartered
Accountants, who are within the meaning of the Chartered
Accountants Ordinance, 1961 (X of 1961) appointed
by the Board in consultation with the Auditor General
of Pakistan, from a panel of Chartered Accountants
proposed by the Board on such remunerations as the
Board may determine.
(3) The auditors appointed
under sub-section (2) shall be provided access to
the books, accounts and other documents as may be
considered necessary by them for audit of the accounts.
(4) The Auditor General
may conduct external audit of the Board as per Auditor
General’s (Functions, Powers and Terms and Conditions
of Service) Ordinance, 2001 (XXIII of 2001).
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CHAPTER
IV
MISCELLANEOUS
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15.
Delegation of powers. - (1) The Board may
delegate all or any of its powers and functions to
the Chairman or such other officer of the Board 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 Ordinance to any Member or
officer of the Board, subject to such conditions and
limitations, as may be prescribe.
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16.
Issuance 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 calendar
year, the Chairman 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.
18. Rules.
- The Federal Government may on the recommendations
of the Board make rules to carry out the purposes
of this Ordinance.
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19.
Regulations. - (1) The Board, may make regulations,
not inconsistent with this Ordinance and the rules,
to carry out the purposes of this Ordinance.
(2) Without prejudice
to the generality of the forgoing provisions, the
regulations may provide for:-
|
| (a) |
disciplinary
proceedings and award of punishments; |
| (b) |
terms
and conditions along with remuneration and
privileges etc for appointment of officers,
staff members, experts, advisors and consultants
etc; |
| (c) |
prescription
of different scales and grades etc. for the
remuneration and privileges of officers, staff
members, experts, advisors and consultants
etc of the Board; |
| (d) |
procedure
for appointment of members of the different
committees and laying down regulations for
the conduct of their business; and |
| (e) |
all
or any of the matters, which by this Ordinance
are 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 Ordinance.
21. Immunity
of the Board. - No suit, prosecution or other
legal proceeding shall lie against the Board, the
Chairman, Members, officers, advisors, consultants
and other persons and employees of the Board, in respect
of anything done or intended to be done in good faith
under this Ordinance.
22. Removal
of difficulties. - If any difficulty arises
in giving effect to any of the provisions of this
Ordinance, the President may make such order, not
inconsistent with the provisions of this Ordinance,
as may appear to be necessary for removing the difficulty.
23. Dissolution
of Board. - Upon the commencement of this
Ordinance, the Alternative Energy Development Board
established vide notification No. F.1/7/2003-Admn
II dated 12th May 2003, hereinafter referred to as
the former Board, shall stand dissolved and upon such
dissolution:-
|
| (1) |
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; |
| (2) |
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 accordance
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; |
| (3) |
all
debts and obligations 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 deemed to have been incurred, entered
into, acquired or engaged to be done by, with
or for the Board; and |
| (4) |
all
suits and other legal proceedings instituted
by or against the former Board before its
dissolution shall be 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 Income Tax Ordinance 2001(XLIX of 2001)
or any other law for the time being in force relating
to income tax, the Board shall not be liable to pay
any such tax on its income, capital profit, wealth,
gifts or gains. |
25.
Validation of actions etc.- Anything done,
actions taken, orders passed, instruments made, orders
of appointment made, proceedings initiated, processes
or communications issued, power conferred, assumed,
exercised by the Board or its officers and servants
on and after the 24th August, 2006, and before the
commencement of this Ordinance shall be deemed to
have been validly done, made, issued, taken, initiated,
conferred, assumed and exercised and the provisions
of this Ordinance shall have, and shall be deemed
always to have had, effect accordingly. |
GENERAL
PERVEZ MUSHARRAF
PRESIDENT
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