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CHAPTER-IV ESTABLISHMENT

Employment of Officers and Servants

l7:     (1)          The Authority may from time to time employ 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.

                        *Provided that all persons serving in connection with the affairs of a Province in the Electricity and Irrigation Departments shall be liable to serve under the Authority, If required to do so by the Provincial Government, on such terms and conditions as the Provincial Government may, in consultation with the Authority, determine but shall not be entitled to any deputation allowance

                        *Provided further that the Provincial Government may, in relation to any such person as aforesaid delegate such administrative, disciplinary and financial powers to the Authority as the Provincial Government may deem fit.

                         *Provided also that the terms and conditions of service of any such person as aforesaid shall not be varied by the Authority to his disadvantage.

                           (1A)  Notwithstanding anything  contained in sub-section (1) or any law, settlement or award for the time being in force, or any rules or regulations made under this Act, or any rules, regulations, orders or instructions issued by the Authority, or in the terms and conditions of service of any person employed by, or serving under, the Authority, the Authority may, at any time:-

                   (a)             retire from its service any person without assigning any reason; or

                   (b)                        remove from its service any person after informing him in writing of the grounds on which such action is proposed to be taken and giving him an opportunity of showing cause against the action within fourteen days.

            (1AB) Where a person is retired from service under sub-section (IA), he shall, in addition to the retiring benefits admissible to him under the terms and conditions of his service, if any, be paid additional pay for three months.

                                    Explanation I - For the purpose of this sub-section any person employed by, or serving under the Authority includes a person referred to in the provisos to sub-section (1).

                        Explanation II - Any person referred to in the provisos to sub-section (1) who is removed or retired from service by the Authority under this sub-section shall stand reverted to the Province to which he is allocated under the Province of West Pakistan (Dissolution) Order, 1970 (P.O No.1 of 1970); and

                        (1-B) - Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973.

             (I-C)    Any order of removal or termination of service passed by the Authority in exercise of the power conferred by sub-section (I-A), shall not be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969 (XXIII of 1969) or the Essential Services (Maintenance) Act, 1952 (LIII of 1952) or under any law for the time being in force      before any Court, Tribunal or Commission and any order passed by any Court, Tribunal or Commission after the Thirtieth day of September 1975 and before the coming into force of the Pakistan Water and Power  Development Authority (Amendment) Ordinance, 1979, setting aside or modifying or declaring any order of the Authority to be void and of no effect, shall stand vacated.

(l-D)    Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to or in relation to any person employed as a member of the security staff of the Authority for the protection of the installations and establishment of the Authority.

          (2)          The Chairman, in case of urgency, may appoint such officer and servants on such terms and conditions as may be necessary.

                 Provided that every appointment made under this sub-section shall be reported to the Authority without unreasonable delay.

       (3)               Notwithstanding anything contained in sub-section (1) or any rules made, orders or instructions issued by the Authority or in the terms and conditions of service of any person employed by, or serving under, the Authority, the Authority may, at any time, transfer, second or depute any such person to any company or other entity promoted, formed or sponsored pursuant to a scheme framed under clause (vii) of sub-section (2) of Section 8 on such terms and conditions as it may deem fit. (added 24.05.1999).

Recruitment and condition of service and disciplinary power

18.    The Authority shall prescribe the procedure for appointment and terms and conditions of service of its officers and servants, and shall be competent to take disciplinary action against the officers and servants.

Immunity of the Authority and its employees (XLV of 1860)

19.    (1)     The Chairman *[Deputy Chairman],Members, officers and servants of‘ the Authority shall, when acting or purporting to act, in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code.

          (2)     No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman *[Deputy Chairman],Members or officers, and servants of the Authority, in respect of anything done or intended to be done, in good faith under this Act.

Delegation of Powers to Chairman etc.

20.    The Authority may be general or special order delegate to the Chairman [Deputy Chairman], a Member or officer of the Authority any of its powers, duties or functions, under this Act subject to such conditions as it may think fit to impose.


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