REGISTERED No. M - 302 

L.-7646

EXTRAORDINARY

PUBLISHED BY AUTHORITY

ISLAMABAD, TUESDAY, MAY 25, 2010

   PART I

Acts, Ordinances, President's Orders and Regulations

 ^{_{SENATE SECRETARIAT}}     

Islamabad, the 25th May, 2010

No. F. 9 (18)/2010-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 21st May, 2010, is hereby published for general information:—

ACT NO. XIV 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 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 facilitates development and generation of Alternative or Renewable Energy in order to achieve sustainable economic growth with transfer of technology

(407)

Price : Rs. /0.5()

[2485(2010)/Ex. Gaz.l

for development of an indigenous technological base through a diversified energy generation.

It is hereby enacted as follows:—

CHAPTER I 

PRELIMINARY

1. Short title, extent and commencement.—( l) This Act may be called the Alternative Energy Development Board Act, I ().

(2)      It extends to the whole of Pakistan.

(3)      It shall come into force at once.

2. Definitions.—ln. this Act unless there is anything repugnant in the subject or context,—

"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 environment-friendly; 

(b)       'Board" means Alternative Energy Development Board (AEDB), established under section 3:

(c)       'Chairman" means the Chairman of the Board',

(d)       "Chief Executive Officer (CEO)" means the Chief Executive Officer 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 under section 13;

(g)      "Institute" 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,

prescribed" means prescribed by rules or regulations made under this Act; 

(k)    "President" means President of the Islamic Republic of Pakistan;

"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.—( l ) There shall be established an Alternative Energy Development Board for carrying out the purposes and objectives of this Act.

(3) The head office of' the Board shall be at Islamabad and the Board set up sub-offices at such place or places as it may deem necessary.

(4) The Board shall consist of the Chairman and Members.

1. 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.
2. Terms and conditions of office of the Chief Executive Officer

(CEO).—(l)The Chief Executive Officer shall be appointed by the Federal Government and the terms and conditions of the Chief Executive Officer, his remuneration and privileges shall be such as may be determined by the Federal Government.

(2)     The Chief Executive Officer shall be an eminent engineering professional of known integrity, competence and expertise in handling Alternative Energy development projects.

(3)     The Chief Executive Officer may resign from his office by giving one month notice, by writing under his own hand, addressed to the Federal Government. 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 all administrative, financial and technical matters of the Board. The Board may delegate such administrative and financial powers to the Chief Executive Officer for carrying out day to day affairs of the Board.

 6. Members of the Board.—( l) 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 Ol' his nominee not below the rank of Additional Secretary Ol' 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:

Six Members from private sector, of whom at least three shall be experts on alternative energy, as full-time Members to be appointed by the Prime Minister on the recommendations of the Board;

(i) Chief Secretaries of the governments of Balochistan, Khyber Pakhtunkhwa, Punjab and Sindh or their nominees, not below the rank of Provincial Secretary; and

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 Metubers 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 Men-Ibers from private sector in such manner as it may consider appropriate.

(5)       The business of the B0'ard 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, a Member designated by the Chairman shall preside over the Board meeting.

7. Terms and conditions of office •of Members.—(l) 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.

(2)           A Member, other than ex q/Jicio Member, may at any time resign his office by giving one month 's 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. 

8. Functions of the Board. —The functions of the Board shall be following, 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;

to act as a coordinating agency for corn merci ai application of alternative or renewable technology; and

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, tüel cells, tidal, ocean, biogas, biomass, etc;

setting up alternative and renewable energy 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;

(iii) conducting feasibility studies and surveys to identify opportunities for power generation and other applications through alternative and renewable energy resources:

 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 (NEP R A) established under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (XL  of 1997):

 (v) interacting and co-ordinating with national and international agencies for promotion and development of alternative energy;

 assisting the development and implementation of plans with concerned authorities and, provincial ^u governments and special rural areas: and

(vii) making legislative proposals to enforce use and installation or equipment utilizing renewable energy.

 9. Committees of l) The Board Inay, 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.

1(). Organization of the Board.—( t) 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 managenw•nt may establish one organization as it may consider necessary.

      ^El-the organization established under sub-section ( I ) shall be subject to control and supervision of the Board and shall function within the framework of this

(3) An organization established under sub-section ( l ) shall perform such business as may be prescribed by regulations by the Board for the purpose. 

l l . Institute of Alternative and Renewable Energy Technologies.— ( I ) The Board may, for carrying out its functions of commercial application 01 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)        'Phe Institute shall conduct the business in such manner as may be prescri bed by' regulations by the Board.

12. Appointment of officers and staff of the l) The Board Ill-ay 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.

(2)           The officers, members of the staff. advisors, consultants and experts and other persons appointed by. the Board shall not 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 purporting to act under any of the provisions of this Act, or rules and regulations, shall be deemed to be public servants within the meaning of section 21 of' Pakistan Penal Code (Act XIN of 1 860).

^{_{CHAPTER III}}

FUND, ACCOUNTS AND AUDIT

13. Alternative Energy Fund.—(l) There shall be established a non-lapsable fund vesting in the Board to be known as the "Alternative Energy Fund" for the purpose of meeting expenses in connection with the functions and operations of the Board, Institute, Projects and Organizations under this Act, including payment of salaries and other remuneration payable to the CE(), 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 or,

(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, directly or through the Economic Affairs Division;

charges for services or for the provision of any information or report automated or otherwise to any government, private or any other person entity,

(f)       fees and commissions collected by the Board as prescribed from time to time;

(g)      income from the sale of moveable or immovable property;           

(h)      funds from floating bonds, shares, debentures, commercial papers, or other securities issued by the Board or through any other means;

(i)       all other sums received or earned by the Board; and income' from investments; receipts,

(3)        The Alternative Energy Fund shall be kept in one or n-more accounts maintained by the Board, in local or foreign currency in any commercial bank in Pakistan and shall be operated in accordance with the directions of the Board.

(4)        The Federal Government shall [lind all administrative, operational and 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 Act to be funded by the Board;

14. Accounts and audit.—(l) The Board, Institute and Organizations, 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 Organizations, shall be audited bv 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 terms and conditions as the Board nvay 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 each year external audit of the Board as per Auditor General's (Functions, Powers and Terms and Conditions of Service) Ordinance, 2001 (XXIII of 2001

CHAPTER IV

_{MISCELLANEOUS}

15. Delegation of powers.—(l) 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 prescri be.

(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. 

1. 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.
2. 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.
3. Power to make rules.—The Federal Government may, on the recommendations of the Board, make rules to carry out the purposes of this Act.
4. Power to make regulations.—( l) The Board, may make regulations, not inconsistent with this Act and the rules, to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing provisions, the regulations may provide for.-