1. Short title, extent
and commencement :-
(1) This Act may be
called the Indus River System Authority Act, 1992.
(2) It shall come
into force at once.
2. Definitions
:-
In this Act, unless there is anything repugnant in
the subject or context:-
(a) “Authority" means
the Indus River System Authority established under section 3;
(b) “Chairman" means
the Chairman of the Authority;
(c) “Member" means
a member of the Authority;
(d) “prescribed" means
prescribed by rules made under this Act;
(e) “rules" means
rules made under this Act; and
(f) “Water Accord”
means the agreement entitled ”Apportionment
of the Water of the Indus River System Between the Provinces" signed by the Provinces
on the sixteenth day of March, 1991, and approved by the Council of Common Interests
on the twenty-first day of March, 1991.
3. Constitution of
the Authority :-
(1) As soon as may
be after the commencement of this Act, the Federal Government shall, by a notification
in the official Gazette, establish an authority to be known as the Indus River System
Authority for carrying out the purposes of this Act.
(2) The Authority shall
be a body corporate having perpetual succession and a common seal with power subject
to provisions of this Act to acquire and hold property, both moveable and immoveable,
and shall sue and be sued by the name assigned to it under sub-section (1).
4. Appointment and
term of office of Chairman and members :-
(1) The Authority
shall consist of five members, one each to be nominated by each Province and the
Federal Government from amongst high-ranking engineers in Irrigation or related
engineering fields.
(2)The first Chairman
shall be the member nominated by the Government of Balochistan to be followed by
the nominees of the Governments of North-West Frontier Province, Punjab, Sindh and
the Federal Government and thereafter in that order.
(3) The term of office
of the Chairman shall be one year and that of a member three years.
(4) Any member shall
be eligible for re-appointment for one or more term or of such shorter term as the
Provincial Government or, as the case may be, the Federal Government may decide.
(5) The Chairman and
any member may, by writing under his hand, addressed to the Secretary to the Government
of Pakistan, Water and Power Division, resign from his office:
Provided that the
resignation shall not take effect until it is accepted by the Federal Government;
(6)In the absence
of the Chairman, the member next due for appointment as Chairman shall act as the
Chairman.
(7)In the absence
of a member representing a Province, the Secretary, Irrigation Department of the
Province shall represent that Province.
(8) In the absence
of member nominated by the Federal Government the Chief Engineering Adviser or his
nominee shall represent the Federal Government.
(9) The Chairman of
the Water and Power Development Authority and Chief Engineering Adviser or their
nominees shall be ex-officio members of the Authority, but they shall have no right
to vote.
5. Remuneration and
conditions of service :-
The Chairman and every member shall receive such salary
and allowances and be subject to such Conditions of service as may be prescribed
and shall perform such duties and functions as are assigned to them under this Act
or by rules.
6. Removal of Chairman
or Members :-
The Federal Government may, by notification in the
official Gazette, after providing an opportunity of being heard and in consultation
with the Provincial Government concerned, remove the Chairman or any member, where:-
(a) he refuses or
fails to discharge or, in the opinion of the Federal Government, becomes incapable
of discharging his responsibilities;
(b) he is declared
insolvent by a competent court; or
(c) he is declared
to be disqualified for employment in, or has been dismissed from, the service of
Pakistan or of Province, or has been convicted by a competent court of an offence
involving moral turpitude.
7. Meetings of the
Authority :-
(1) The Authority
shall meet at least once in every month at such time and in such manner as may be
specified by regulations:
Provided that until
regulations are made in this behalf, such meetings shall be convened by the Chairman
as he deems necessary.
(2) The Chairman and
two other members entitled to vote shall constitute quorum for a meeting of the
Authority.
8. Powers and Duties
of the Authority :-
1. The duties of the Authority shall be to:
(a) lay down the basis
for the regulation and distribution of surface waters amongst the Provinces according
to the allocations and policies spelt out in the Water Accord;
(b) review and specify
river and reservoir operation patterns and periodically review the system of such
operation;
(c) coordinate and
regulate the activities of the Water and Power Development Authority in exchange
of data between the Provinces in connection with the guaging and recording of surface
water-flows;
Explanation:- Actual
observation and compilation of the data shall be the responsibility of the respective
Provinces, Water and Power Development Authority and other allied organizations,
while the process shall be monitored by the Authority;
(d) determine priorities
with reference to sub-clause (c) of clause 14 of the Water Accord for river and
reservoir operations for Irrigation and hydropower requirements;
(e) compile and review
canal withdrawal indents asreceived from the Provinces on 5-daily or, as the case
may be, on 10-daily basis and issue consolidated operational directives to Water
and Power Development Authority for making such releases from reservoirs as the
Authority may consider appropriate or consistent with the Water Accord;
Explanation:- The
directives issued under this clause shall be binding upon Water and Power Development
Authority and the Provinces, and shall be followed in letter and spirit;
(f) settle any question
that may arise between two or more Provinces in respect of distribution of river
and reservoir waters; and
(g) consider and make
recommendations on the availability of water against the allocated shares of the
Provinces within three months of receipt of fully substantiated water accounts for
all new water projects for the assistance of the Executive Committee of the National
Economic Council.
2. Any question in
respect of implementation of Water Accord shall be settled by the Authority by the
votes of the majority of members and in case of an equality of votes the Chairman
shall have a casting vote.
3. A Provincial Government
or the Water and Power Development Authority may, if aggrieved by any decision of
the Authority, make a reference to the Council of Common Interests.
9. Advisory Committee:-
The Authority shall have an Advisory Committee consisting
of the following:
(a) Chairman of the
Authority, who shall also be the Chairman of the Advisory Committee;
(b) Members of the
Authority; .
(c) Chief Engineering
Adviser to the Government of Pakistan;
(d) Members, Water
and Power Development Authority, in-charge of Water and Power Wings;
(e) Secretaries, Agriculture
Departments of the Provinces; and
(f) Secretaries, Irrigation
Departments of the Provinces.
10. Meetings of the
Committee:-
The Advisory Committee shall meet at such
time and place to consider such matters as the Authority may from time to time,
refer to it;
Provided that the
Advisory Committee shall, at the start of each cropping seasons of Kharif and Rabi,
hold its meetings without such reference.
11. Headquarter of
the Authority:-
The Authority shall have its headquarters
at Lahore.*
12. Employment of
officers and staff :-
(1)The Authority may
from time to time, employ such officers and other members of staff or appoint such
experts and consultants as it may consider necessary for the performance of its
functions, as it may be prescribed.
(2)The Authority shall
prescribe the procedure for appointment, terms and conditions of service of its
officers and members of staff, experts and consultants and shall be competent to
take disciplinary action against its officers and members of staff.
13. Immunity of the
Authority and its employees:-
(1)The Chairman, members,
officers and members of staff shall, be deemed to be public servants, within the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
(2)No suit, prosecution
or other legal proceedings shall lie against the Authority, the Chairman, members
or officers and members of staff of the Authority in respect of anything done or
intended to be done in good faith under this Act.
14. Delegation of
powers to and by Chairman:-
The Authority may, by general or
special order, delegate to the Chairman, a member or officer of the Authority, all
or any of its powers, duties or functions under this Act subject to such conditions
as it may consider fit to impose.
REPORTS AND STATEMENTS
15. Submission of
yearly reports and returns:-
(1) The Authority
shall, after the close of each cropping seasons of Kharif and Rabi, furnish a Water
Account Report to the Federal Government with copies thereof to the Provincial Governments
and Water and Power Development Authority indicating Summary of the quantities of
inflows and supplies utilised by the Provinces in relation to their authorized shares.
(2) Observations on
the seasonal water forecast reports prepared by Water and Power Development Authority
and other issues faced during all seasons shall be incorporated in the Water Accounts
Report.
(3) As soon as may
be, after the end of every financial year but before the last day of September next
following, the Authority shall submit to the Federal Government, a report with copies
thereof to the Provincial Government on the conduct of its affairs for that year.
(4) The Federal Government
may require the Authority to furnish it with:-
(a) any return, statement,
estimate, statistics or other information regarding any matter under the control
of the Authority; and
(b) copies of every
documents in the charge of the Authority.
FINANCING
16. Fund of Authority
:-
(1) There shall be
a fund to be knows as the "Authority Fund" vested in the Authority which shall be
utilised by it to meet all expenses and charges in connection with its functions
under this Act including the payment of salaries and other remunerations to the
Authority and to its officers and members of staff.
(2) The Authority
Fund shall consist of:-
(a) Grants made by
the Government;
(b) Loan obtained
by the Authority; and
(c) all other sums
received by the Authority.
17. Limited Liability
:-
The liability of the Federal Government
to the creditors of the Authority shall be limited to the extent of grants made
by the Federal Government and the loans raised by the Authority as guaranteed by
the Federal Government.
18. Maintenance of
Accounts:-
The Authority shall maintain complete
and accurate books of accounts in the form to be prescribed by the Auditor-General
of Pakistan.
19. Annual Statement
of Accounts:-
In the month of January each year, the
Authority shall submit to the Federal Government, for approval, a statement of the
estimated receipts and expenditures in respect of next financial year.
20. Audit:-
(1) The accounts of
the Authority shall be audited every year by the Auditor-General of Pakistan in
such manner as may be specified.
(2) Copies of the
audit report shall be sent to the Authority which shall, along with its comments,
present to the Federal Government and shall also make it available for public inspection.
(3) The Authority
shall carry out any directive issued by the Federal Government for rectification
of an audit objection.
MISCELLANEOUS
21. Rules:-
The Federal Government may make rules
to carry out the purposes of this Act.
22. Regulations:-
(1) The Authority
may make regulations consistent with this Act and the rules framed there under for
the purpose of giving effect to the provisions of this Act.
(2) In particular
and without prejudice to the generality of the afore going provisions, such regulations
may provide for all or any of the following matters, namely:
(a) the manner in
which the meetings of the Authority may be convened and held and the procedure to
be followed thereat; and
(b) formation of committees
and conduct of business in such committees.
*Now in Islamabad
vide Presidential Ordinance No. XLI of 2000, dated September 4, 2000.