The Alternative Energy Development Board Act, 2010
Islamabad, the 25th May, 2010
Act No. X I V of 2010
An Act to provide for establishment of Alternative Energy Development Board
WHEREAS it is expedient to provide for establishment of Alternative Energy Development Board (AEDB) as an autonomousbody for the purpose of implementation of various policies, programmes and projects in the field of Alternative Renewable Energy Technologies;
AND WHEREAS the objective of the Alternative Energy Development Board s to assist and facilitates development and generationof Alternative or Renewable, energy in order to achieve sustainable economic growth with transfer of technology for development of anindigenous technological base through a diversified energy generation.
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
I . Short title, extent and commencement.- (1 ) This Act may be calle the Al ternati ve Energy Development Board Act, 2010.
( 2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.- In. this Act unless there is anything repugnant i n th subject or context,---
(a) “alternative or renewable energy” means energy that is produced b alternative or renewable resources as compared to theconventiona or that are replenished naturally which do not deplete when consume and are non-polluti ng and environment friendly;
“Board” means Alternati ve Energy Dvelopment Board (AEDB) established under section 3:
(c) “Chairman” means the Chairman of the Board;
(d) “Chief Executi ve Officer (CEO)” means the Chief Executi ve Office of the Board appoi nted 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 I nsti tute of Alternati ve 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 establ ished under section 10;
(j)
(k) (I) (m)
(n)
THE GAZETTE OF PA KISTA N. EXTR A.. MAY 25, 2010 409
“prescribed” means prescri bed by rules or regulations made under this Act;
“President” means President of the Islamic Republic of Pakistan;
“Prime Minister” means Prime Minister of the Islamic Republic of Pakistan;
“Provincial Secretary” means a Secretary of a Provi ncial Government; “regu lations” means the regulations made under this Act; and
(o) ‘‘rules” means the rules made u nder this Act.
CHAPTER II
A LTERNATIVE ENERG Y DEVELOPMENT BOARD
3. Establishment of the Board.-(!) There shall be established an ltcrnati ve Energy Development Board for carrying outthe purposes and objectives f this Act.
(2) The Board shall be a body corporate havi ng perpetual succession and com mon seal, wi th administrative and financial powers,subject to the provisions f this Act, to enter .into agreements, contracts, acquire and hold property, both oveable and immoveable andto sue and be sued i n its name.
(3) The head office of the Board shall be at Islamabad and the Board
iay set u p sub-offices at such place or places as it may deem necessary.
(4) The Board shall consist of the Chai rman and Members.
4. Chairman of the Board.-The Chai rman of the Alternative Energy evclopment Board shall be appoi nted by the FederalGovern ment 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 appointedby the Federal overn ment and the terms and conditions of the Chief Executive Officer, his emuneration and privileges shall be suchas may be determi ned by the Federal
overnment.
( 2) The Chief Executi ve Officer shall be an eminen t engineeri ng rofessional of known integrity, competence and expertise i nhandling Alternati ve ncrgy development projects.
410 THE GAZETTE OF PA KISTAN, EXTRA., MAY 25, 2010 IPA\
(3) The Chief Executive Officer may resign from his office by giving on n1nnth notice, by writi ng under his own hand,addressed to the Federal Govern1nen . The age of Chief Executi ve Officer shall not be more than si xty five years.
(4) The Chief Executi ve Officer will be answerable to the Board for al admi nistrati ve, financial and technical matters ofthe Board. The Board may delegat such administrative and financial powers to the Chief Executi ve Officer for carryi n out day to day affairsof the Board.
6. Members of the Board,-( I ) The composi tion of the Board sha he as follows:-
(a) Chairman;
( h ) Se.:retary, Finance Di vision or his nom inee not below the rank o · Add itional Secretary or equ i valent;
( c) Secretary, Mi nistry of Water and Power or h is nomi nee not bel ow th rank of Additional Secretary or equ ivalent:
(cl) Secretary, Planning and Development Division or h is nominee not belo the rank of Additional Secretary or equivalent;
(e) Secretary, Mi nistry of Petroleum and Natural Resources or his nomine not below the rank of Additional Secretary orequivalent:
(f) Secretary, Mi nistry of Science and Technology or his nomi nee no below the rank of Additional Secretary orequivalent:
(g) Secretary, Mi nistry of Envi ron ment or hi s nomi nee not below the ran of Add itional Secretary or equi valent:
( h ) Six Members from pri vate sector, of whom at least three shall b experts on alternative energy. <.L<.; full-ti1nc Men1bers to beappointe by the Pri me Mi nister on the recom mendat ions of t he Board;
(i) Chief Secretaries of. the govern men ts of Ba l och i stan, Kh y be Pakhtunkhwa, Punjab and Sindh or their nomi nees, not below the ran ofProvincial Secretary; and
Ul The Chief Executive Officer of the AEDB.
(2) The Secretary of the Board shall be appoi n ted by the Federa Government on the recommendations of the Board.
(3) The Federal Govern ment may increase or decrease the number of embers of the Board from time to time as i t mayconsider appropriate.
(4) The Federal Government may prescri be the qualifications and mode
)r appoint1nent of Me1nbers from pri vale secLor in such 1nanner as i t may consider
1ppropriate.
(5) The business of the Board shall be conducted as prescri bed.
(6) One-half of the total mem bersh ip of the Board shall consti tute the iuoru m and i n case of equality of votes theChairman 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 bythe Federal Government for peri od of three years, extendable for another term of three years.
(2 ) A Member. other than ex of ficio Member. may at any time resign ‘ron1 hi s office by giving one month’s notice. in writingunder his own hand, addressed o the Federal (Jovernment.
(3) The Federal Govern men t may remove any Mem ber, other than
•x of/i’cio Mem ber, on grou nds of miscond uct and physical incapacitation.
8. Functions of the Board. -The functions of the Board shall be
‘o\ lowi iig, na1nely:-
(a) to develop national strategy, policies and plans for utilization of alternative and renewable energy resources toachieve the targets approved by the Federal Govern ment i n consultation with the Board;
(b)
( c ) lo act as a coordinating agency for com1ncrcial application of alternative
or renewable technology; and
(d) to faci l i tate energy generation through alternati ve or renewable energy
resources by,
(i) ) acting as one window facil i ty for establ ishing, promoti ng and facilitati ng ·alternati ve or renewable energyprojects based on wind. solar, micro-hydel, fuel cells, tidal, ocean, biogas, biomass, etc;
412 THE GAZETTE OF PA KISTAN, EXTR A., MAY 25, 2010 [PARl I
(ii) seuing up alternative and renewable energy projects on it’s ow or through joint venture or paitnership with publ ic or private entitie. inorder to create awareness and motivation of the need to tak such i n i tiatives for the benefi t of general puhl ic as well as bevaluati ng concepts and technologies from technical and financia perspecti ve;
(iii) ) conducti ng feasibility studies and surveys to identify opprntuniti e. for power generation and otherapplications through alternati v and renewable energy resources;
(iv) undertaking technical, financial and economic evaluation of th alternati ve or renewable energy proposals aswell as providi n assistance in fil ing of requi red l icensi ng applications and tarif petitions to National Electric Power Regulatory A uthori t (NEPR A ) establ ished u nder the Regu lation of Generation Transmission and Distri bution of ElectricPower Act, 1997 (X of 1997);
(v) i nteracti ng and co-ordi nati ng wi th national and internationa agencies for promotion and development ofalternati ve energy
( vi ) assisting the developn1en t and i1nplementation of plans w it concerned authorities and prov incial governments and specia areas for off-grid electrification of rural areas; and
( vi i) mak ing legislat ive proposals to enforce use and installation o
equi p1nent uti li zing renewable energy.
9. Committees of ‘Board.-( l ) The Board may, for carryi ng out i t functions, constitute such committees, from tin1e to ti1ne, asmay be considere appropriate by the Board.
(2) The committees shall conduct their business i n such manner as ma
be prcscri bed by the Board.
I0. Organization of the Board.-( 1) The Board may, for carry ing o
i ts fu ncti ons for promotion of alternative and renewable energy, development o alternat i ve and renewable energy tech nologies,certification of alternati ve an renewabl e energy products and projects and project management may establish on or 1norc organizationsas i t 1nay consider necessary.
( 2) The organ ization established under sub-sect i on ( l ) shall be subject t con trol and supervision of the Board and shall fu nctionwi thi n the framework of thi Act.
· ltcrnative or renewable energy and corresponding hutnan resource develop1nent in
t c area of a lternati ve and renewable energy, establish an Insti tute of Renewable
tlL’.rgy “fcchnologics.
(2) The Institute shall conduct the busi ness i n such manner as may be 1 rescri bed by regu lations by the Board.
I]. Appointment of officers and staff of the Board.-(1 ) The Board ay appoint such officers, experts, advisors, consul tants andmembers of staff as i t iay consider necessary for the. efficient perfonnance of its functions on such terms
· nd conditions as may be prescri bed.
(2) The officers, members of the staff. advisors, consul tants and experts nd other persons appointed by the Board shall not becivil servants wi thin the can i ng of the Civil Servants Act, 1973 (LXXI of 1973).
(3) The Chai rman and non-official Members of the Board, officers, 1Ch·i sors. consultants, employees and staff of the Board whenacting or purporti ng to 1ct u nder any of the provisions of this Act, or rules and regulations, shall be deemed o be public servants withi n themean ing of sect ion 21 of Pakistan Penal Code (Act
LV of 1860).
CHA PTER Il l
FUND, ACCOUNTS AND AUDIT
13. Alternative Energy Fund.-( I ) There shall be established a non apsable fund vesting i n 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 Organ izations 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 Govern ment for pay ment of salaries. establishing i nfrastructure and ru nn ing the day to daybusiness of the Board:
( b) loans or grants by the Federal Govern men t or any Prov i nc i <!I
Government or local authori ty;
(c) other loans or funds obtai ned by the Board;
(d) (e) foreign aid, grants and loans negotiated and raised, or otherwis obtained by the Board, directl y or through the EconomicAffai Division;
(f) fees and com m issions col lected by the Board as prescribed from ti m
to time;
(g) income from the sale of moveable or i m moveable property;
(h) funds from floating bonds, shares, debentu res, commercial papers, or other securi ties issued by the Board or throughany other means;
(i) ) all other sums recei ved or earned by the Board;and i
!
Gl income’ fro1n investments; receipts. I I
(3) The Al ternati ve Energy Fund shall be kept i n one or more accou n t1 rnaintaincd by the Board, in local or foreigncurrency in any commercial bank i Pak istan and shall be operated i n accordance wi th the directions of the Board.
(4)
l
The Federal Government shall fund al l ad m i nistrati ve, operational an
anv other ex penses:
• I
Provided that the responsibil i ty of the Federal Govern ment t<
exclusi vely 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 fundi ng its functions an operations envisaged under th is Act to be funded by the Board;
( 2) The accounts of the Board, I nstit ute and Organi zations, shall be audited
hY a repu tabl e firm of Chartered Accoun tants, who are, withi n the meaning of t he I
I
.bartered Accountants Ordinance, 1961 (X of 1 961), appoi nted by the Board in
·onsultation wi t)1 the Auditor-General of Pak istan, from a panel of chartered tccountants proposed by the Board on such terms andcondi tions as the Board may etennine.
(3) The Auditors appointed under sub-section (2) shall be provided access o the books, accounts and otherdocuments 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 Audi tor General’s(Functions, Powers and Terms and Conditions of Service) Ordi nance, 2001 (XXIII of 2001 ).
CHA PTER IV MISCELLA N EOUS
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 condit ions 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, subjectto such conditions and limitations, as may be prescribed,
16. Issuarn;e of policy directives.-The Federal Government may, as and when i t considers necessary, issue policydirectives to the Board. in respect of its acti vi ties and the compl iance of such directives shall be binding on the Board.
17. Annual report.-On conclusion of each financial year, the Chief Executi ve Officer shall submit an annual report to the Federal Government in respect of all activities of the Board includi ng the status of its existi ng programmes, projects and futureplans formulated in furtherance of its aims and objecti ves and the Federal Govern ment shall cause a copy of the report to be presented i nthe Committees of the National Assembly and Senate and to be laid before the Parliament.
18. Power to make rules.-The Federal Govern ment may, on the recommendations of the Board. make rulesto carry out the purposes of this Act.
19. Power to make regulations.-( I ) The Board, may make regulations, not inconsistent with this Act and therules, 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 PAKISTA N, EXTRA., MAY 25, 2010 [PART I
(a) ) disci plinary proceedi ngs and award of punishments;
(b) terms and conditions alongwi th rem uneration and pri vileges. etc. appoi ntmen ts of officers, staff mem bers, experts,advisors and consultants etc;
(c) prescription of d_ifferent scales and grades etc. for the remuneration and pri vileges of officers, staff mem bers, 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 busi ness; and
(e) all or any of the matters which by this Act C1rc to be or may be prescribed by the regulations.
20. Authorities to aid the Board.-A ll executive authorities in the Federat ion and i n the Provi nces shall render suchassistance to the Board as may be necessary for the execution of i ts program mes and projects bei ng carried out under t h is Act.
21. Indemnity of the Board.-No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman, theChief Executive Officer (CEO), the Members, professionals, officers, advisprs. consultants, and other persons and employees of the Board,in respect of anythi ng done or intended to be done i n 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 maymake such order. not inconsistent wi th the provisions o_f th is Act, as may appear to be necessary for removi ng the difficulty.
23.
(a)
all assets, rights, powers, authori ties and privileges and property, moveable and immoveable, cash and bankbalance. reserve funds, investments and all other interests and rights in, or arising out of such property and all debts, liabilities andobligations of whatever kind of the former Board subsisti ng im mediately before its dissolution shall stand transferred to and vest i n theBoard;
417
(b) all officers and other em ployees of t he former Board shall, notwithstandi ng anythi ng contained in any law or in anyagreement, deed, document or other instrument. stand transferred to the Board and shall be deemed to have been appointed orengaged by the Board i n accordaµce with the terms and condi tions of service applicable to
t hem; and no officer or other employee whose services are so transferred shall be entitled to any com pensation because of suchtransfer;
(c) all debts and obligations incurred or contracts entered into or rights acquired and all matters and things engaged to bedone by, with or for the former Board before its dissolution shall be deemed to have been incurred, entered into, acquired or engaged to bedone 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 besuits and proceedings by or against the Board and may be proceeded or otherwise dealt with accordingly.
24. Exemption from taxes.-Notwi thstandi ng anything contained in the come Tax Ordinance, 2001 (XLIX of 200 I) or any otherJaw for the time being inrrecrcbting to income tax, the Board shall not he liable to pay any such tax on its
1 conic, i nvestment, capital profit, wealth, gi fts or gains.
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