IRSA Act No. XXII of 1992

ISLAMABAD, THURSDAY, DECEMBER 10, 1992

PART - I

Acts, Ordinances, President's Orders and Regulations

SENATE SECRETARIAT

Islamabad, the 10th December, 1992

The following Acts of Majlis-e-Shoora {Parliament} received the assent of the President on the 6th December, 1992, and are hereby published for general information:

Act No. XXII OF 1992

An Act to provide for the establishment of the
Indus River System Authority

WHEREAS it is expedient to establish the Indus River System Authority for regulating and monitoring the distribution of water sources of Indus River in accordance with the Water Accord amongst the Provinces and to provide for matters connected therewith and ancillary thereto:

It is hereby enacted as follows:-

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:-

• “Authority" means the Indus River System Authority established under section 3;
• “Chairman" means the Chairman of the Authority;
• “Member" means a member of the Authority;
• “prescribed" means prescribed by rules made under this Act;
• “rules" means rules made under this Act;
• “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:

• 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.
• The first Chairman shall be the member nominated by the Government of Balochistan, followed by nominees of NWFP, Punjab, Sindh, and the Federal Government thereafter in order.
• The term of office of the Chairman shall be one year, and that of a member three years.
• Members may be re-appointed for one or more terms, as decided by the Provincial or Federal Government.

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 duties assigned under this Act or rules.

6. Removal of Chairman or Members:

The Federal Government may, after providing an opportunity of being heard and in consultation with the Provincial Government concerned, remove the Chairman or any member for reasons including:

• Refusal or failure to discharge responsibilities.
• Being declared insolvent by a competent court.
• Disqualification, dismissal, or conviction involving moral turpitude.

7. Meetings of the Authority:

• The Authority shall meet at least once every month at a specified time and manner.
• The Chairman and two members entitled to vote constitute a quorum.

8. Powers and Duties of the Authority:

1. Lay down the basis for regulation and distribution of surface waters among Provinces.
2. Review river and reservoir operation patterns and periodically assess them.
3. Coordinate Water and Power Development Authority activities and data exchange.
4. Determine priorities for irrigation and hydropower requirements.
5. Compile and review canal withdrawal indents and issue operational directives.
6. Settle disputes between Provinces regarding river and reservoir waters.
7. Recommend water availability against allocated shares for new projects.

Decisions shall be settled by majority vote; the Chairman has a casting vote in case of a tie. Aggrieved parties may refer to the Council of Common Interests.

9. Advisory Committee:

The Authority shall have an Advisory Committee consisting of the following members:

• Chairman of the Authority, who shall also serve as the Chairman of the Advisory Committee;
• Members of the Authority;
• Chief Engineering Adviser to the Government of Pakistan;
• Members of Water and Power Development Authority, in-charge of Water and Power Wings;
• Secretaries, Agriculture Departments of the Provinces;
• Secretaries, Irrigation Departments of the Provinces.

10. Meetings of the Committee:

The Advisory Committee shall meet at such times and places as may be necessary to consider matters referred to it by the Authority. Provided that at the start of each cropping season of Kharif and Rabi, the Advisory Committee shall hold its meetings even without any formal 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 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.

15. Submission of yearly reports and returns:

1. After the close of each cropping season of Kharif and Rabi, the Authority shall furnish a Water Account Report to the Federal Government with copies 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 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:
   • Any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority; and
   • Copies of every document in the charge of the Authority.

16. Fund of Authority:

(1) There shall be a fund known as the "Authority Fund" vested in the Authority, which shall be utilised 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 its officers and members of staff.

(2) The Authority Fund shall consist of:

• Grants made by the Government;
• Loans obtained by the Authority; and
• 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 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 the next financial year.

20. Audit:

1. The accounts of the Authority shall be audited every year by the Auditor-General of Pakistan in the manner specified.
2. Copies of the audit report shall be sent to the Authority, which shall, along with its comments, present them to the Federal Government and make them available for public inspection.
3. The Authority shall carry out any directive issued by the Federal Government for rectification of an audit objection.

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 thereunder for the purpose of giving effect to the provisions of this Act.
2. In particular and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely:
   • The manner in which the meetings of the Authority may be convened and held and the procedure to be followed thereat; and
   • Formation of committees and conduct of business in such committees.

Now in Islamabad vide Presidential Ordinance No. XLI of 2000, dated September 4, 2000.