CONTENTS, Pages. EPV@APDA Ordinance, 1958 (B. P, Ordinance No. 1 of 1959) With subsequent Amendurents in Ordinance... «ih Rales under Section 30 of the Ordinance. « i Regulations under Section 31 of the Ordinance oo BERegistered No, DA-E THE DACCA GAZETTE Extraordinary Published by Authority THURSDAY, JANUARY, —1959 ' PART ITA ORDINANCE: PROMULGATED BY THE GOVERNOR OF EAST PAKISTAN GOVERNMENT OF EAST PAKISTAN LEGISLATIVE DEPARTMENT East Pakistan Ordinance No, E of 1959 THE EAST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ORDINANCE, 1958 WITH SUSSEQUENT AMENDMENTS AN ORDINANCE. to provide for the ‘unified and co-ordinated development and uiilization of the Water and Power Resources of Hast Pakistan ; Whereas it is necessary to make provisiou for setting up of an Authority for the unified and co-ordinated development and utilization of the Water and Power Resources of Bast Pakistan. Nov, therefore, in purstiance of the Presidential Proclas mation of the 7th day of October, 1958, and in exercise of all powers enabling him in tat behalf, the Governor is pleased to make aad promulgate the following Ordinance, namely:Short title, extent and commen- ‘cement. Definition, +3, b#* % 1. (1) This Ordinance may be called the East Pakistan Water and Power Development Authority Ordinance, 1958 (2) It extends to the whole of East pakistan” (3) It shall come into force at once, {12 An this Ordinance, unless there is anyihing repuge nent in the subject or context, (@) “Authority” means the Bast Pakistan Water and Power Development Authority established Gar under scction 3 of this, Ordinance ; omer (by Chairman’? “means” the Chairman’ appointed under section 4 of this Ordinaitce : (©) “Controlled Station” means a power generating station declared as a controlled station under clause (4) of, sub-section (1) of section IL; (d), “Land” Includes benefits to arise ont of land and things attached to the earth or permanently + fastened to anything attacked to the earth ; (©) “Member” means a member of the Water and Power Development Authority ; (8) “Power” includes hydraulic as well as thermal power elecirical energy, steam, gas or any other power notified. as such by the Provincial Government ia the Official. Gazette ; (8) ‘Prescribed’ means prescribed by rules made under this Ordinance and ; ¥ (h) “Provincial Goverment” means the Government + of East: Pakistan.Constitution of the Authority aja | Appointment & term of office of <— Chairmas and Members. Reuneration and Condixions ef service. CHAPTER If Constitution of the Authority . () The Provincial Goverament may, by notification in the Official Gazette, establish an authority to be known asthe Eat Pakistan Water and Power Development Authority for carrying out the pur poses of this Ordinance. (2) The Authority shall be a body corporate, shall be eatitled to acquite and hold property, shall have perpetual succession and common seal, and shall by the said name sue and be sued, 4. (1) The Authority stall consist of a Chairman and to members app sinted by the Provincial Government ; Provided that till such time as the Authority is fully constituted, the Chairman sball exercise the powers, functions and duties of the Autaority ; (2) The term of office of the Chairman shall be for such period not exceeding five years and that of a member for such period not exceeding three years a5 the Provincial Government may determine, (3) Any person ceasing to be the Chairman or member by reason of the expiry of the term of his office all be eligible for re-appointment for another or for such shorter term as the Provincial Govern- ment may decide. (4) The Chairman or any member may, at avy time, resign ; provided that his resignation shall not take effect until accepted by the Provincial Gov:rament, 5, The Chairman and each member shall receive such salary and allowances and be subject to such conditions of service og may be preserited by the Provincial Govern ment, and shall perform such duties es are assigned to them under this Ordinance or by any rules framed under it[4] Removal of 6. The Provincial Goverament may, by notification Chairman or 5 Temove the Chairman or any member— Members. (@) ff he refuses or fails to discharge Qs be- comes, in the opinion of the Provincial Government, incapable of discharging his responsibilities under this Ordinance ; of (b) if he has been declared insolvent ; or (©). ifhe has been declared to be disqualified for employment in, or has been dismissed from the service of Pakistan, or has Deen convicted of an offence involving moral turpitude ; or Lot (a) :if he bas knowingly adquired or continued " to hold, without the permission in writing of the Provincial Government, directly or ja- directly or through a partner any share or interest ia any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit or has bene- fited as a result of the operation of the Authority. 3 7. (1) The Authority shall mect at such time and place and in such manner, as may be prescribed. Provided that until rules are made in this behalf, such meetings shall be convened by the Chairman. @) The Chairman, or in his absence a member authori= sed by-him, and one other member, shall be present to form a quorum at a meeting of the Authority. G) The Chairman shall have power to vote in a meeting of the Authority and in the case of equality of votes, he shall have a casting vote also,Gensratppowers snd ders ot the Autherity sand framing of schemes, By CHAPTER IL Powers and duties of the Authority 8. (1) The Authority shold prepare, for the approval of the Provincial Government, a compretiensive plan for the development and utilization of the Water And Power Resourses of Lust Pakistaa ona unified and soultipurpose basis. Q) The Authority shall have power to take upany work as contemplated in subsection (3) and realise levy thereof subject to the approvid of the Provincia! Government. @) The Avthority may frame as scheme or schemes for the Province of Fast Pakistan or any part thereof providing for all or any of the following matters, natnely = (@) Consttuction of dams, barrages, reservoires and other Orgaal Works, Intigation, Embankment and Drainage, bulk water supply 10 commun ties amd pecveational use of water resources ; (b) Flood contro! inghicing watershed pranagement; (©) The prevention of sali and reclamation of lan ity, water congestion (@) Bscept within the limits of sea-ports, the maintenance, improvement and extension of chansels for Joland Water Transport, including Grodging of chanaels, but excluding all sueh operations 93 may be carried out by the Bast Pakistan Inland Water Traasport Authority ; {e)_ Regul Is to concentrate river fiow for more efiicient mavement of water, silt and sind, excluding all such operations as may be carricd out by the East Patistan Inland Water Transport Avthovity ; fon of chana (f) The Generation, Tranimission, distribution oF power j and Ue construction, maintenance and operaiion of power howes and grids, (4) Every such scheme propared by the Authority under ction (3) Shall be Submitted, for approval, to the Provincial Goverment with the following information +{6 ] (@) A description of the scheme and the me Of its exceution ; ib) Ane: ner nate of costs and “benefits ; thy, allo- cation of costs to the various purpeses to be served by the scheme and the amounts to be paid by the beneficiaries ; and © A statement of the proposals he Authority for the resettlement or rehousing, if necessary, of persons likely to be displaced by tae execution of the scheme, (8) The Provincial Government may sanction or sores... .M@ay refuse to sanction, or may ceturn for reconsideration any scheme submitted to it under this section, or may ~-eall for such further details or information about the scheme, or may direct such further examination of the scheme as it may consider necessary. Scheme framed 9. (1) Any scheme framed by an agency in E: by other agen cies. ast Pakistan other than the Authority, in respect of any of the matters enumerated in subsection (3) of section 8, if its esti- mated cost execeds the amount to be prescribed by the Provincial Goverament, shall be submitted to the Provincial Government through the Authority and the Provincial Government may pass any of the orders contemplated by sub-section (9) of Section 8, (@) The Authority may, with the approval. of the Provincial Government, undertake the execution of any scheme, of exercise technical supervision and adm‘nistrative ‘and financial control over the execution of eny scheme framed or sponsored by any. agency in respect of the matters caumerated in sub-section (3) of section 8. Survey and Ex: 10, ‘The Authority, if it considers it necessary or periments, exepdient for carrying out purposes or this Ordinances, may; (a) train personnel, cause studies, surveys, experi- ments or technical research to be made ; or (b) contribute towards the costs of any such studies, surveys, experiments or technical . research made by any other agTAH assets & liabilities of the Irrigation and Blectrigny Dicece torte to vex in the Authori Control over Water, Power Houses and Grids. AQ A Oa and from such date as the Proviucial Government , by notification, declare, subject to euch, terms aad conditions, as it may determine all assets ineludiag Jaads and buildings, works, machinery, opparatus, materials and plants of such works projects or schemes of the Irrigation Virectorate of the Works, Housing & Settlement Department and of Electricity Directorate of of Comnerce, Labour and Indusuies Department, as may be made over by the Provincial Government to the Authority, shali vestin the Authority and al, liabilities in respect of the said assets shall be the liabilities of the Authority. LI, (1) Subjecl to the provisions of uny other Jaw for the ume being in force, the Authority, ja) shall have control over the flow of water in all rivers and channels of East Pakistan, sudject to private rights, and the underground water resour~ ces of any region of the province, and the operation of all Power Houses and Grids as may be considered necessary for their operation. (b) may, with the apgroval of the Provincial Govern- ment, prescribe standards for the operation and majotenance of all Irrigation, Embankment and Drainage works, and for the mainteuance of Power Houses and Grids ; c) may, with the approval of the Provincial Govern- ment, presceibe simplification of methods of charges for supply of electriewty and water and for standardization of the system of supply ; (a) may, with the prior approval of the Provincial Government and oa payment of reasonable compensation, declare any power generating station belonging to a licensee to be a controlled station and thereupon the power to regulate production from such station shall vest im the Authority {e) may require the owner of any controlled power generating station in x grid area i(i) to supply to the grid all or part of the’ PoWer generated at the station at such rates as may be determined by the Pro- - vineial Government by general or gecial - order; in case of dispute this will be referred to arbitration ; (ii) to take from the grid all or part of the : power requifed for distribution to const mers, or . Gili) to close the station on payment of reason able compensation. (2) Before the Authority exercises any control under 2s yelatse: (a) of sub-section (1), the area over which and the extent to which control is intended to be exercised shall agreed to and notified by the Provincial Government inthe official Gazette. (3)- Nothing in this Section shall entitle the Authority % tor exercise any powet in respect of works, power houses of grids owned by the Central Government and established for the exclusive use of any depiztment of that Government ‘ or of a military. Cantonment. ‘Apthoily 16 12. ‘The Authority shall, for the purposes of the ager or ¢ Electricity Act, 1910, b: deemed to be a licensee and Ticensee under shall have all the powers and discharge all the obligations = Act IX of 1910. of a licensee under the said Act IX of 1910 > - “Provided that nothiog in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses Tto XU of the Schedule to the said Act relating to the iy : duties ‘and obligations of a licensee shall apply to the Authority,” 13, (J) The Authority may take such measures and exercise such powers as it considers necessary or expedient for the carrying out of the purposes of this Ordinance. (2) Without prejudice to the generality of the power conferred by the preceding sections and to the provisions of sub-section (1) of this section, the Authority for carrying out the purposes of this Ocdinane1% joe (a) control and operate the dredger fleet, its ancillary craft, appurtenences and equipment joclucing launches, house beats, fucl and water barges floating and shore workshops, fitted workshep launches, pipe lines, pontoons, pumps, and other construction equipment belonging to the Provincial Government on such terms atd conditions as may be prescribed by the Provincial Government; {b) undertake any works, incur any expenditure within the budget of any special allotment, procure plant, machinery and materials required for its use and enter into and perform all such contracts as it may consider Recessary or expedient; () acgnite by purchase, lease, exchange ot otherwise any land or interest on land and dispose of by sale, tease, exchange or otherwise such land ot any interest in such land; (i) place wires, poles, wall brackets, stay’, apparatus and appliances for the transmission of electricity, or for the transmission of telegraphic or telephonic communications Recesstty for (he proper execution of a scheme; {e) direct the owaers of private tands + Gi) 4 carry out measures for training of water courses passing through that land; (41) t undertake anti-erosion operation including conservation of forests and ce-afforestations {f) Testyict er probibit by general or special order the clearieg and breaking up of land in the catchment. area of any river; provided that compensation shail be paid (o petsons afected by such direction ia the manacr as may be prescribed; (@ direct that any work which has been tequired to be done by any person under the two preceding clauses and which remains undone shall, alter due notice to ch persons and after consideration of any objection ised by him, be executed by the Authority, and may specify ihe proportion in which the risk and expenses of such work shall be borne by any person of any otherperson whe, after giveu a reasonable native 2 Aviignty considers after such enw ig. held by the Authorsy to be respatsi i execuition ef anch work in whste oe ia \ (hat coripensition sball be pail fo persous affected § | snéh dicecli on in the manger af may be prescrited; \ (by) seck and) obtain foe and assistanee in Ut H proparation vr execution of a scheme fram any Tositl | Authoriry or Aged of the Provincial Government, ac! — | such local Autherity or ageney shall give the ady assistance sought by the Authority to the best of its ability, Koowledge and judgement; provuled that. the ii ‘Authority shell pay the cost of such advice and assists if the giving of stich advice And assistunce eutnit tional expenditure (0 the local Authority or the ade _@) ‘The soquisition of any land or avy interest ia jand for the Aviliority undor this section, or fer any scheme wider this Ordiounce, shall bz deemed to be an acquisition for a public purpose within the meaning of the, Land Acquisition Act, (894, or any other Act fr the time being in foree and the provisions of the suid ‘Acts shall apply to ull sucht ceetlings 1 of I894. 4 14. (ft) The Chaitmyn or any. “person authorised ky him in woting may, afier serving due notice co the owner, enter vpon and survey any land, ercet piles for the ke bring excavations, und do allother acts which may he 1 “for tho preparation of any scheme; determination iatended fines of works m ine cowary Provided that when (he afl the Authority, the power , confersed by this sub-section shall be exercised in such manner aS 10 cause the least interference with, least damage to, the rights of thc owner thereof; ted Jand does not vest in (2) Whea any person enters into of upon any and in pursuance of sub-section (1), he shall, at the time of emering or as soon th practicable, pay or lender pay ta be doou as afuresaid, and in asc of creaficr ay may be A toe all neoy Tint so ptish or ts fered, ths dispire shall he referred to dys Wistiee O er whe sucisiog shell be Sinal, IS A: sche fr Ord: bis mcd «a sanctioned under — this 3 uendeé or modifizd by the Authosity but if a mateciat charge is made in the sme. previcus sanction of the Provincial Govergatwnt shall be ofitained. nee at any cine Explanalion-An increase in the cost of tke scleme by more Ian fiftesn per cout of the sanctiened costs, or 4 cha a the benefit and cost ratio which either makes the cost component in the ratio exceed the benefits or reduces the benefits componeat by more chan fificen pet cent shall he deemed ta be a material change for (he purpose of this’ section. 16. (1p) AS sook as any scheme has been casried out pe che Auuiuocily er at a fifer date, the Authority may aurringe by a wtttn agceement with a local authority of olker ugetey wikia whose jurisdiction any particular ares covered by the scheme lies, to take over and yatintain any ef the works and inaintaio any of rhe works and services in that area, UW the Authority fails to obtai the assent of such toca? Authority or other agency, it may refer the matiee to the Provincial Government, and ihe Provincia! Govecninent may give such directions to. the local uuthociy. of the other agency as ir may lit. seit bo Hy OF over (2) The Provincial Gevérament shall have the eet the Authority to bund over aoy scheme ether than a power scheme.or the power part of a mullipprpese scheme cached oul by it to amy agency of the Provineal Government or a focal auihorty, In gueh a eitse Authority’ shall be entitled to receive ecedit ro the extent of the audited expendituce incurted by it oa that selene, - power tad 1Employment of officers and servants. {[ 12) CHAPTER IV ESTABLISHMENT 17, (J) The Authority may from time to time tnploy such officers and servants, or appoint such experts or consultants as it may consider necessary for the performance of its functions on such terms and conditions as it may deem fit, (2) All persons serving in connection with the affairs of the Province in the Departments of works, Housing .and Settlement (Irrigation) and Commerce, Labour and, Industries (Electricity) will serve under the Authority, if required to do so by the Provincial Government, on such terms and conditions, not otherwise inconsistent with the Service Rules, as the Provincial Government may, in consultation with the Authority, determine. Provided that the Provincial Government may, in Telation to any such persons as aforesaid, delegate such administrative, disciplinary and financial powers to the Authority as the Provincial Government may deem fits Provided further that the terms and conditiors of service. of any such person ag aforesaid shall not be varied by the Authority to his disadvantage. (3) In case of persons serving in connection with the affairs of the Province in the Departments of works, Housing and Settlement ({rrigation) and Commerce, Labour and Industries (Electricity) under costract with the Provincial Government it shall be lawful for the Provincial Government to make them liable to serve under the Authority and in such cases the rights and obligations of the Provincial Government under the respective contracts shall devolve on the Authority. (4) It shall be lawful for the Provincial Government to direct Government servant or outsiders who may have received trainiag at Government expense or under a Government sponsored training programme to serve the Authority, after completion of their training, for the specific periods for which they have executed bonds withi Reeruiiment and conditions of service and disci- plmary powers, XEIV of 1864 Delegation of Powers to Chaisman cic. the Provincial! Government and such disections by the Provincial Goverament shall be binding on the aforesaid persons as if they. have executed bond with the Authori'y, {5} The Chairman, in case ef urgency, may appoint officers and servants on such terms and conditions as wiay be necessary, + Provided that pvery appointment mado under this sub. section shall be reparted to ‘the’ Authotily without voreasonable delay. The Authority shall prescribe the procedure for Appointment anu terms and conditions of service of its officers: and servauts, and shall be competent fo take disciplinary action against its officets and servants, 19% (1) The Chairman, members. officers and servants. of the Authority shall, when acting or purporting to act in pursnance of any of the provisions of the Ordinance, be deemed to be public servants within the meaning of section 2! of the Pakistan Pens! Code, 1860 @) No suit, prosecution or other Iegat proceedings vhafl lie agaiast the Authority, the Chairman, membors or officers and servants of the Authority in respect of anything done ot intended to be dome; in good faith, undee this Ordinance, 20. The ‘Authority may, by general or special order, delegate to the Chairman, member, os officer of the Authority, any of its powers, duties or functions under this Ordinance subject to such conditions as it may thik fit to impose,CHAPTER V i REPORTS AND STATEMENTS i ‘ SkuGHon 0 21, (1). The Authority shall submit to the PMRvincial yeatly reports: Government, as soon a8 possible but within three months and — aficr the end of every financial year, a report on the conduct of its aflaics for that year. (2) The Government may require tbe Authority to furmich = fa) any ftiurn, statement, estimate, statistics or other information cagarding auy matter under the control of the Authority, of (b) & report on any such matter, or aug ©) a copy of any docttment in the charge of the _sApshority; abd the Authority shall comply with every 4 such requisition, CHAPTER VI Finance Authoilty Fund: 22, (1) Thee shall be a fund to be known as the “Water and Power Development Authority Fund’ vested im the Authority which shall te utilised by the Authority to meet charges in connection with its functions under... this Ordinance including the payment of salaries and “other remmunerations to the Chaitman and members of the Authority and to its officers and servants. (2) The Water and Power Development Autlority | t Fund shall consist of :- {a) grants made by the Government; (b) loans obtained from the Government; (©) grants made by local authorities; (6) sale-proceeds of bonds issued under the Authority of the Provincial Government;Authority t9 be Aermed a focal Authority. E, P, Ocdinance No. XLV of 1988. 4 BP. Ordinance No. If of 1963 Malztenance of Accousts. 1 Annual State~ ment of accounts. (by (e) tyans obtained by the Authority with special or general sanction of the Government; (f foreign aid and loans obtained, with the sanction af, and on such terms and conditions as may be approved by the Provincial Goverment; and (g) improvement of betterment levy, water tates, sale proceeds of electricity and toil as may prescribed by Government; and {hp all other sums received by the Authority. 23, Wy The Authority shail be deemed 10 be ou loval Authatity ucder the Local Authorities Loans Act. 1X of 1964 for the purpose of borrowing money under the said Act and the waking and an execution of any scheme under this Ordinance shail be deemed to be a work which such Authority is legally authorised to carry ou. | (iy The Authority shall be deemed to be a local Authority for the purposes of the East Pakisian Essential Services (Second) Ordinance, 1958 and the East Pakistan Services (Temporary Powers) Ordinance, 1963. 24, The liability of the Provincial Govergment tothe " oreditores of the Authority sball be limited ta. the : extent of grants made by the Provincial Government and the. loans raised by the Authority with she sanction of the Provincial Government. 25, (ty) The Authorisy wilt ordinarily sel power and water in bulk. (2) The cates at which the Authority shall sell power and Water sball be so fixed a3 to provide for mecting the operating costs, iaterest charges and depreciation of assets, the redemption at due time of loass other ~ than these coveted by depreciation, the payment of any taxes and a regsonable returo On investmens. 26. The Authority seall maintain complete and accucate books of accounts in such form as may be prescribed y te Provided that separate atcounts shall be maintained for all schemes and transactions relating to Water and ta Power, 27, @) The Authority shall, before three months of the expiry of financia! year, submit to the Provincial Government for approval, a statement of estimatedOS Ben. Act. ID of £1913, © Rale-making “Power receipts and expenditure in sespect of the next financial year, @) Go its seceipt the budget estimate will be etamined by ihe Provincial Goverament wha mayg, (a). accept it, or (b) disaliow it or a portion thereof and - rewurn it to the Authotity for amendment (3) If any budget estimate or a portion thereof fs so returned, the Authority. shail forhwith proceed to ashen it and Shall resubmit if after amendmeat to the Provincial Government in time so that Provincial Government aprroval may bs communicated before the “commencement of the next financial year. 23, The Accounts of the Authority shall be audited every year by the Comptroller and Auditor-General in -, Such mansier as may be prescribed. Copies of the Audit report shall be sent to the Avthority, and, with the -s, SOMments of the Authority, to the: Provincial Govt. and ‘shall also bs available for public iaspection. The Avthority shall catry out any dircctive issued. by the Provincial Govt, for rectification of an audit objection. 29. The Authority shal! have power to realise ils dues from any person under the Public demands Recovery , Act 1933 as a public demand. “30. The provincial Government may make rules afer -ffevious publication in the Official Gazette, for carrying Out the purposes of this Ordiaance. BA. The Authority may, with the previous approval of the Provincial Government, make regulations not -dncotsistent with this Ordinonce of the rules made thereunder. to provide for all matters for which provision is necessary or expedient fot the purpose of giving effect 10 the provisions of this Ordinance, 8d/- Z, Hussain, Governor of Bast Pakistan, DACCA By order of the Governor, The 31st. Dec. 1958. Sdj- A. Islam, Dy. Secy. t0 the Govt. of East Pakistan.Registered No. DA-L THE DACCA GAZETTE Extraordinary Published by Authority 3 TUESDAY, DECEMBER 20, 1966 PART {A —ORDINANCE PROMULGATED BY THE GOVERNOR OF EAST PAKISTAN GOVERNMENT OF EAST PAKISTAN LAW { LEGISLATIVE ) DEPARTMENT East Pakistan Ordioance No. X of 1966. THE. BENGAL GENERAL CLAUSES (AMENDMENT) 7 ORDINANCE, 1966 AN . ORDINANCE further to amend the Bengal General Clauses Act. 1899, WHEREAS it is expedient further to amend (he Bengal Ben. Act Gerieral, Clauses Act, IR89, in the inaoner hersinafier I of 1999 provided ; AND WHEREAS The Prowincial Assembly of East Pakistan is pot in session and the Governor is satisfied that Circumstances exist which render immediate legislation mecessary : NOW, THEREFORE, ja exercise of the power conferred by claus (iy of Article 79 of the Constitutior of the Islamic Republi of Pakistan, ths, Governor is pleased to make sod promulgate the following Ordinance : Short ttle add 1. (1) This Ordinance may be called the Benge commencenient. Genteal Clauses (Amendment) Ordinance, 1966 Q) It shall come into fotce at once. Amendment af Zin the Bengat General Clauses Act, 3898, in section Sof Ben, section 3, for clause (23), abe following shall be substitated, Ac. J of W899 namely: * “Local Autho« ri (23) “Local authority shall aiean add include a Municipal Committer. District Council, Board of Trustecs of port ot other authority legally eatited to, or outrasted by the Govern ment with, the control of tanagement of a municipal or local fund, or any totporation of other body or authority constituted or established by the Previneial Goverament under any Jaw." BACCA, ABDUL MONEM KHAN, 4 The 20th December, 1965, Governor of East Pakistan. By order of the Governor A.G, MUHAMMAD Secretary to the Goveraor of East Pakistan,eo (Published in the “Dacca Gazette, Extraordinary’ Par J, dated the” ith daly, 1965 ), GOVERNMENT OF EAST PAKISTAN WORKS, POWER, AND IRRIGATION DEPARTMENT @ POWER AND IRRIGATION BRANCH * NOTIFICATION No, 4-I(E}12th July, 1965—In exercise of the powers conferred by section 30 of the East Pakistan Water and Power Development Authority Ordinance, 1958 (Fast Pakistan Ordinance Nv. { of 1959), as amended, the Governor is pleased to make the following rules, namely :—~ THE EAST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY RULES, 1965 CHAPTER I 1. Short title and commencement—(a) These rules may becalled the East Pakistan Water and Power Development Authority Rules, 1965, (b) They shall come into force with immediate effect 2 Definition-—In these rules, unless there is anything repugnant in the subject oF context,— (a) “Ordinance” means the East Pakistan Water and Power Develop- ment Authority Ordinance, 1958 (East Pakistan Ordinance No, I of 1959) gs” subsequently amended ; () Words and expressions used and not defined in these rules shall have the same meaning as respectively assigned to them -in section 2 of the ordinance. CHAPTER IL Conditions of services of the Chairman and the Members 3. The Chairman shall bold charge of the Authority as its Chief Executive. 4, ‘The Chairman and the Members shall be entitled to such pay and/or such allowances as may be fixed by the Proviacial Government. 5. The Chairman and the Members shall be entitled to unfurnished quarters to be provided by the authority on payment of 7) percent of their respective pay and the svales of accommodation admissible shail be equal to the scales admissible to the Government servants of corresponding seniority and status[ao 4 “G. The Chairman and tht Members shall be entitled to use of Authority's transport for official duties, free of cost, provided thal they ace not in seceipt of Motor Car Allowance. 7 ¥chaiciwan and the Members shatl be entitled to such leave as i admissible to the officers employed oa contract basis, and the leave earned in one term office shall apse after the expiry of the term : Provided that if leave earoed cannot be granted during the term, dug to exigencies of public service such leave, except medical leave, may be availed of at the end of the term, 8 Ifthe Chairman or a Member is tc-employed for another term or for such shorter term as the Provincia! Government muy direct, the leave other thaa the medical leave eatned but not availed of may be added “to the ~ Teave earned during such extended tecms, 9, The Chairman or the Members may be granted leave on Medical ground at the rate admissible to officers employed on contract basis, \8, “It will be admissible to combine earned leave and medical leave admissible under these rules, IL, (a) During the period of earned leave, the Chairman or a Member shall be entitled to teaVe salaries equa! to his average pay. (B) During the Ieave op medical ground, leave salaries equal to bat of average pay will be admissibte, Note—The term “Average pay” as tentioned in this ule means the average monthly pay earned during the 12 complete months inumediatly preceding the month in which the cvent occurs, which pecessitates’ the calculation of average pay. 12. The Provincial Government may allow the Chaitman or 2 Member to avail himself of leave sanctioned ex-Pukistan, 13, Hf the Chairman or a Member is on deputation either from the Central or the Provincia) Government, the relevant rules af the Government under which be holds the substantive appointment shall apply. CHAPTER QI Time, place and manner of holding of meetings of the Autbority, 14, Mectings of the Authority shall ordinarily be held in the Head } Ollice of the Authority.[ 2) 15. Mresings of she Authority may he commencd at any tims and‘as Steqarnily a¢ Whought o¢cestary under che orders of tlle Chairman ar, absence of m Member authorised hy Provided that a period of 46 Jays chull not Japte between fire two sutcersive mectipge of the Authority. 16. (a) The Chaicman may auhotise the yerior Member to cunvene ‘meetings in his abscate, 1b} Seniority of a Member shatl be determined with selerence to whe dale of joinfug i Provided, that in case of Member whose inter senior ity #3 regulated by eXbtting rules of the Goverament, those rules slall apply, 57, The member authorised ta convene and preside over 4 meting © shall, in case of tig, have a casting vote CHAPTER IV Terms and conditions of services of officers and sta of. Irri gad Electricity Directorates teansferred te tiie Author 1B, (a) A Government servawt transferzcil to the Authority shall be decanted 19 be a Government servant, in foreign service and bis services under tho Avthority shall be reulated hy the Fortign Service Rules as eid down in the Eval Benga) Service Roles, Pare 1. (b) The Agthority shall not replace the service of a Government setvant woder the Gavernmicot without their pcviaus approval). “WW. (a) A Goveroment scrvant tansferred tothe Authority sb entitled to teocive the pay and aliowances nor Jers Chan what he was deat under the Provincial Government on the date of hin transfer : Provided thai no adjustment of pay aod aliqwances shoil be wade with Totrospeclive effect. be oo te) Tho Authority sbali be compelent to make auch ofganisationsl changes as it may deem fitand to employ him any where in Cast Pakistan tn any capacity it deoms proper, subject to the condition ibat in doing to 2g sbail not bs made to uffer in emolumenis, or stauus, (c) Vf be is appointed to an analogous post under tha Authority he hall continue to be on the same scale of pay ax under the Provincial J ‘Goverament :[2] +4 Provided that if service in the post under the Authority involves . decided increase in duties and responsibilities, he may be granted a { suitable, imerease in pay with the previows approval of , the - Provincial i Govergment. : (b) The Authority shall have power to promote him to a higher “ post and, his pay in such higher post shall be in the scale’ of pay of fhe corresponding post,.if there be any uader the Provincial Government,.”. and if not, then, in’ the scale “of pay of the post sanctioned by the Authority: 4 Providea that the initial pay in the higher post: shall “hot be ‘less than what "he avould have drawn under the Authority had he continued: | + in his former Post. . Note—ciltera for” promotion may be separately laid down by the Authority ‘making: senictity-cum-fitness as the basis for. promotion ‘to “S promotion’ pésts aud’. merit-cum-seniority as the basis for promotion “_t9’ selegtion posts, . (2) Every oe motion ‘shall without delay be reported by: the ial Gayeroment which shall bave:the power to ‘being -made under the © Provincial Government shall not be made, 2 = wind for ach aikappioval. 90. “Services of ‘a. Government servant rendered undef the Anthority Shall be ‘counted for. the purpose of bis pension ‘avd the Authority shall ‘Contribute to ‘the’? Provincial’ Government for his pension at the {04 of East Bengal Services” Rules, Part I, on the, basis of the pay’ of the post held by him : 1 Provided th when it involves increase in pay cue to promotion or “due to any ‘cause other than thé ususl increase ‘in time scale of pay, Such promotion or increase of pay has betn approved by Government. 21. (a) Leave salaty of the Government servant, transferred to” the ‘Authority shall be paid by the Authority in accordance with the rules applicable to them, whether such leave is earned while serving wader the Provincial Government of while serving under the Authority. Provided’ that the leave eamed under the Authority shall be exhausted first. (b) The Authority may obtain reimbursement from the Provincial Provided, that non-existence of the post to which’. promotion is —| ~ Goverament of the amount paid by it as eave salary limited ¢o. tie petiod of leave dusta’ the etnployees concerned on the dato Of (rainsfer = Provided that the. rate of leav fo the rats of leave salary yhat |b Rave vecelved oo the dais of rane that, date, _ © salary reimbaresed shell be. dggaited Government servant’ Sangtrined utd fer had he proceeded 22., "Tu the cost: -of a Govetaceat Servant Serving unde the “Authority. shall: furniek to the: Acco iitant-Generh Stablpdaigat ‘Retira for’ Noi ‘Offceee;< history of th emoluments: 3 showing. therein’ the Gazetted, Oifleets ‘will be Cosmmutiicatéd tor. the: + Wvely “coriteaed’ off: ; Provinpial: Gavériméat ttc General, East Pakistan; : for -difomy increment or crossing: ‘of @ficlency’ +; Government: servants’ may aot!’ be. sent to) if such ordots ‘aresnoted :in wetvice. books: concetned ‘siter® proper; attestation.” & ion..” Gide from..the Generdl “Broy advance, ‘The “Aut to the aormal Gentil. it f°. (©) With regard’ to thé Bia) pay f. Sepasita-of the Government: servapis’ tra " Aecouataat-General,” Eait Pakistan, “will'a: and disburse’ the amount in atcetdance will Fund Routes.| GOVERNMENT OF EAST PAKISTAN j W, P.& 1. (P & I) Department “| Estbt, Branch 38 LE) XIVERIOT dated the 26th Ant 1968, From: Mr. J. Ahmed, Deputy Secretary to the Govt! of Bast Pakistan, 5 : The Secretary, EPWAPDA, WAPDA Building; Dacca—2. Subject : : Draft EPWAPDA. Repulstions to be framed andes sechon, 31 of the FEWAEDA, ousting, 1958." “1 am directed to refer’ to Souir! letter No 285-WP (OWA: 22/64 ated: the Ith June, 1965 on the above subject. and ‘to return’ herewith copy of the draft of East Pekistan Water. & Power Development Regulations, 1968, as approved oy, the” Coverament, for pyour: information and necessary action, SAS i Your sbedlent' servant, : Ae Sdj-J, Ahmed : i. Deputy Secretary, - Tt was decided’ that these eggunsiond which have been approved “the Goveroment of East Pakistan should be consolidated’ with’ the East Developinent) Authority Ordiaance, 1958, and ] the Rules framed thereunder, and poblished in the fotti of a béoklet | fot distribution to all officers under EPWAPDA, Sd/—G. A. MADANE 7 12/6 Chairman,{25 ] he East Pakistan Water and Power Development Authority, Dacca, Notification © No, 97I-WP-CS (GA) I dated 25th June, 1968—In exercise “of the power conferred by section 31 of the East Pakistan Water and Power Development. Authority Ordinance, 1958 (E.P. Ord, Not ¢ of 1959), the Authority, which the previous” approval of the » Provincial Government, make the folowing regulations, namely :- ‘The East Pakistan Water and Power Development Authority Regulations, 1968. GHAPTER—L 1, Short Title and commencement -(1) These regulations called the Regula may be ‘ast Pakistan Water and Power Development Authority ‘ons, 1968, (2) They shall come into force at once, 2. Definition—In these regulations, unless there is in the subject of context,— nything repugnant (a) “Ordinance? means the East Pakistan Wat Development Authority Ordisayce, 1958 (East Pakista No, 1 of 1959) and Power (b) ‘Rule’ means the Rules ma under section 20 of the Ordinance ; ©) of the Seer: le by the Provincial Government retary’ means the Sec etary to the Anthority and Head aciat of the Authority, CHAPTER—IL 2s of the Authority shall ordinarily be held in the ¢ Authority in Dacca, eétings of the Authority shall be convened by the secretary s of the Chaieman or of a Member authorised by the vin to coavens meetings in his absence,{ 26 } 4, (1) The Secretary shall, with the approval of the Chairman or an auihorised Member fix the agenda for the meetings of the Authority. Q) Each item on the agenda shall be fully explained in a w9king Paper prepared for it bringing out all the implications of the proposal administrative, financial and others, if ‘any. G) Any proposal involving new expenditure shail not be placed on the ageada of a mesting of the Authority unless it has beeo examined. by the Finance Directorate of the Authority : Provided however that the Authority incase of urgency may waive the operation of this sub-regulation. 5. The Notice for holding a meeting of the “Authority shall the date, time, venue and agenda of the niceting with working papers explaining each item and shell be circulated to the Chairman and Members of the Authority atleast tiventyfour (24) hours ahead of the Scheduled time of the meeting ate Provided that the Chairman or the’ authorised Member, in case of urgency, if so directs, a mecting may be held ‘at a shorter notice. 6 Casting of votes in a meeting of the Authority shail ordinarily be by voice and will not be recorded in writing unless there is a tie and the Chairman exercises his casting vote ot the Chairman or aay of the Members casting a dissentient vote wishes the same to be so recorded. 7, () The proceedings of a meeting of the Authority shall be recorded in brief by the Secretary over his signature and authenticated by the Chairman, Te will not necessary’ to confirm them ia a subsequent mecting of the Authority, A copy of the authenticated procetdings shali be circulated to the Members withia seven: (7) working day alter the meeting: ‘ (2) The proceedings of a meetinge of the Authority shall not ordinarily be sent to any of its officers. Peeisions arrived at in the meetings of the Authority siall be communicated to the officers concerned in the form of orders from the Secretariat of the Authorily. @) The proceedings of the mecdng together with tbe Agenda and the working papers shall bo treated as permanent documents and shall be printed and made into volumes for each quarter of » eal and shail be treated as con! andar year dential docume: 4{27 CHAPTER—IIT . Cases which shall be referred to the Authority 8 The following cas approval/decision, namely :- shall be placed before the Authority for ih : Hi (a) ail cases javolving policy issues ; , (b) schemes framed under section 8 of the Ordinance ; amy scheme received by the Authority under sub-section (1) ‘of tection 9 of the Ordinance (2) Proposals for— (i) realisation of levy under sub-section Q) of section 8 of the Ordinance’ (ii) prescribing the procednre for appointment, and terms and conditions of service of its cificars and servants and for appointment of experts and consultants under sections 17 and 18 of the Ordinance, (iii) delegation of powers under section 20 of the Ordinaxce, (iv) procedure for sale of power and water and fixation of rates therefore under section 25 of the Ordinance, (¥) prescribing the form for maintaining the books of acoounts and other ancillary matters under section 26 of the Ordinarce, (xi) making or emouding regulations under section 31 of the Ordinance, Ce) of the Authority, Cf) rats on the credit. of the Authority, {g) nny other mutter required elsewhere in these regulations to be 89 placed, and (bh) any other case which the Chairman or a Member orders to be se browgiit, 9, (1) ‘The Authority may, from time to time, prescribe by standing onters what re t# he considered as policy issues for the purposs of Aut (2) Subject ta su approva! of tae Member o said sul gulttion (1), the Secretary with the prior shall dscide for the purpose of the which involve policy matte yegulation the ease!{ 38) 10, Any matter t be placed before the Autheriy accompanied with such other jetes ani documents 25 may decide from time to time and fey down i CHAPTBR--1V Cases on whieh the Chairman of a Member nisy, in his individual discretion (eke decision, the Chairm of 4 subject os aproup of st the Chaitman or a Member may take deci group subjects, if the casa involve eay depssinre foom aa a, cael of the there pom ect or |) palicy on, yr that (€ the iavelvos wee expenditure, the Me: in shatas of Miseuce sheuid be consulted prier to taking a decis an it aod if the case involves any new bsne of administrative policy [| fhe Memberincharge of gdainisteation sioukl Ge consulted befaee hand, The Clima ray fake adh Dis own movion of gtheralse if it ie, i it approval who Awhoring of previous consultation with a Member, he shall brieg it te the nate of the | Avthoty or the Member concemed oithin thes woking days. sion om any cas? either on his opinion, emergent ons, ea ome Sequinin 13, ‘the Chaieman ac a Member may, by an o7 passed in weiting fy hw, desire any cage to be placed 2 Authority even dhopgh he is competent xadee tegelation 12 te dissase fit Bitnsel! ne CHACTER—V ‘The Organisational sel wp af the Authority. The Chakimay sak che Merthors shall Juoelivns of the Awioriny S. (The main fan he aiiom at cases fert al ae vivation a ! cisions, orders aml siectivyy for such athes tapes cular, it may beg rice characte ps ate Wilt Ta Ngne ipect, yan any other allice secotien of the schemes undertaken iw the Autho af 2s Wings namely the Water Developm jnent Wing, as te ese may be, Each of th racbed Di tos, comprising such pasts of st categuries as may he Svund mecessary faim time te tine will be inchar atch niliees os the Authority may decide fom time te Um ho The Am comprising soch posts biish ancillary Direetorat xs may be foul neces Ci actions, from ty Surmaaee of ite fy a thinks fi, rholish of amalgamet \ sai posfs us are eoptiived theneda Nom tine te tine, as i thinks fy deine amy Tou wise alter av omend the dutie wach of the Winus andJor Direct or otle rates, CVPAt aT Duties and functions of Accounts and Adit, I. The oft to he Direc ated Vinetor of Accounts (Watery ccounts iPower} shall maintain and cause to be wate as of gecovate in accardsnee ant capilat onvay and gdditions coe tur operation qevenues realised om account and mai fe for grepasing accounts af ihe gepacate profit scheme aad dey shall dy Tie Authority fom me to od2h dhe wireciors OF AccaL I Keep separate accounts it respect of the Contributory Provideat Fund and separate accounts for other deposits including security deposits and payments and other disbursemems there from. 2 22, The Dicectors of Accoumis shail keep separate accoouts for advances made by the Authorily to its employees er to others and shall be responsible for timely and correct recovery of such advances 2 thereon. C 28, ‘The officer to be appointed by the Authority to be in-charge of its audit shall be responsible for auditing the accounts of the offices in accordance with such standing orders as may be laid by the Authority and in accordance with the standards of financial propriety. CHAPTE —VIT Procedure for framing of tie budget of the Authority. 24, The budget estimate of the Authority prepared under section 27 of the Ordinance shell be in two parts : (a) Revenue Receipts and Expenditure, and (b) Capital Receipts and expenditure ; receipis end expenditure for the Water and Power Wings beisg exhibited separately, 25, The Revenue Budget shall exhibit the following, namely = (1) The Receipts on revenue account shall consist of (a) income earned by the Authority/from the sale of Power and Water, and the hire of dredgers and other mechunical equipment (b) cash grants from the Provincial Goverament or other sources ; (©) recovery ‘of loans and advances from employees of the Authority, (2) The expenditure on reyenne account shall consist of -— (a). expenditure on the operation and maintenance of completed schemes 5 (b) expenditure on the execution of duly approved non-development schemes ; (©) expenditure on the revenue catniag ancillary Directorates of the Authority 5 {@) payment of interest charges cf completed schemes and amorii- zation of debt;(e) Tans and adv 2s made to the er (2) miscellaneous revenue expenditure, Go The Capita Budget shall exbibit the following, namely Ri) The Receipts on capital account shall consist or z= (a) loans’ from the Provincial Government or other sources, and (b) foreign loans. the Authority ; and domestic (2) The expenditure on Capital account shall consist of the expen« Giture om the execution of duly approved development. schemes. 27, The Budget Estimate shall distinctly indicate allocation of receipts under sub-rosulation sub-regulation (2) of regulation 26, the scheme “wise (1) and expenditure under 28. The Budget shall seperately exhibit the working of the contri- botory provident fund of the Authority. 29, The expenses on acco: at of es blishmeat of the Central Offices of tho Authority, including its ancillary noa-rovenue earning Directorates, > shall be met from the revenee receipts of the Authority watil such time as the revenue receipts of the Authority shull be sufficieat to’ cover the said expenses and such portion of the said expenses as cannot be 9 covered, may be charged, consider equitable, (o projects financed fcom capital receipts. 30. If at aay time, alter all obligations in respect of amortization of debt and payment of interest and the expenses referred to in regue lation 29 are fully met, there is any surplus of revenue receipts over expenditure, such surplus may be appropriated to the Capital Budget foc expenditure on development schemes, 33, (1) No tion of funds from any duly approved scheme to any other scheme shull be permissible, except with the prior approval of the Provincial Government, @) Subject to sub-tegulation (1), the Authority may sanction any reappropriation between major/minoz/sub and detailed heads of the budget, @G) The Authority may delegate to any of its officers such powers of reappropriation in relation (o minor and lesser heads of the budget as it may think ht. The provisions embodied in this Chapter shall mutatis mutandis be observed in framing the Revised or Supplementary budget estimate, 33. Subject to th made in this Chapter the Annual Budget Estimate or 2 Supplementuiy . Revised Budget estimate of the Authority shall be framed in such forse ard accariine ts . in such proportion, as the Authority may —