THE
PUNJAB WATER AND SANITATION AUTHORITY ACT 2025
(Act VII of
2025)
C O N T E N T
S
Section Heading
1. Short
title, extent, application and commencement.
2. Definitions.
3. Establishment
of Authority.
4. Composition
of Authority.
5. Meetings
of Authority.
6. Powers
and functions of Authority.
7. Director
General.
8. Employees
of Authority.
9. Determination
of fee and other charges.
10. Establishment
of Agency.
11. Composition
of Agency.
12. Meetings
of Agency.
13. Powers
and functions of Agency.
14. Managing
Director.
15. Appointment
of officers and employees.
16. Permissions.
17. Control
of discharge.
18. Right
of entry.
19. Groundwater.
20. Controlled
area.
21. Fund
of Authority.
22. Fee
and charges.
23. Budget.
24. Accounts.
25. Audit.
26. Annual
report.
27. Offences,
penalties and procedure.
28. Trial
of offences.
29. Bar of
jurisdiction.
30. Delegation.
31. Indemnity.
32. Recovery
of dues.
33. Employees
to be public servant.
34. Power
to make rules.
35. Power
to frame regulations.
36. Al-Jazari
Water and Sanitation Academy.
37. Repeal,
omission and savings.
38. Act
to prevail.
39. Removal
of difficulties.
[1]THE PUNJAB WATER AND SANITATION AUTHORITY ACT
2025
(ACT VII OF 2025)
[29th January 2025]
An Act to provide for establishment of the Punjab Water
and Sanitation Authority.
It is necessary to establish the Punjab Water and
Sanitation Authority for developing, operating and maintaining water supply and
sanitation systems; conserving and preserving groundwater and water resource
management in the Punjab and to provide for the matters incidental thereto and
ancillary therewith.
Be it enacted by Provincial Assembly of the Punjab
as follows:
1. Short
title, extent, application and commencement.- (1) This Act may be
cited as the Punjab Water and Sanitation Authority Act 2025.
(2) It
extends to the whole of the Punjab.
(3) It applies to areas of districts Lahore, Faisalabad,
Multan, Rawalpindi and Gujranwala and such other areas as the Government may,
by notification in the official Gazette, specify, from time to time.
(4) It
shall come into force at once.
2. Definitions.- In the Act:
(a)
“Act” means the
Punjab Water and Sanitation Authority Act 2025;
(b)
“Agency” means the
Lahore Water and Sanitation Agency established under the Lahore Development
Authority Act, 1975 (XXX of 1975) and Faisalabad Water and Sanitation Agency,
Multan Water and Sanitation Agency, Rawalpindi Water and Sanitation Agency and
Gujranwala Water and Sanitation Agency established under the Punjab Development
of Cities Act, 1976 (XIX of 1976) and any other Agency established under the
Act;
(c)
“area” means the
service area of an Agency;
(d)
“Authority” means
the Punjab Water and Sanitation Authority established under the Act;
(e)
“Chairperson” means
the Chairperson of the Authority;
(f)
“Director General”
means the Director General of the Authority;
(g)
“Fund” means the
Punjab Water and Sanitation Authority Fund established under the Act;
(h)
“Government” means
Government of the Punjab;
(i)
“Managing Director” means the Managing
Director of the Agency;
(j)
“person” means a
natural or juridical person;
(k)
“prescribed” means
prescribed by the rules or regulations made or framed under the Act;
(l)
“regulations” means
regulations framed under the Act; and
(m)
“rules, means the
rules made under the Act.
3. Establishment of Authority.- (1) The Government
shall, by notification in the official Gazette, establish an Authority to be
known as the Punjab Water and Sanitation Authority for carrying out the
purposes of the Act.
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal with power to acquire, hold and dispose of moveable or immovable property
and shall, by the said name, sue and be sued.
(3) The
Authority shall not dispose of its immovable property without prior approval of
the Government.
4. Composition
of Authority.- (1) The Authority shall consist of:
(a) |
Chief Minister or his nominee. |
Chairperson |
(b) |
a person nominated by the Chief Minister. |
Vice Chairperson |
(c) |
Chairperson of each Agency. |
Members |
(d) |
Chairman, Planning and Development Board or his representative
not below the rank of Additional Secretary. |
Member |
(e) |
Secretary to the Government, Finance Department or
his representative not below the rank of Additional Secretary. |
Member |
(f) |
Secretary to the Government, Housing, Urban
Development and Public Health Engineering Department or his representative
not below the rank of Additional Secretary. |
Member |
(g) |
Secretary to the Government, Local Government and Community
Development Department or his representative not below the rank of Additional
Secretary. |
Member |
(h) |
Managing Directors of each Agency. |
Members |
(i) |
four technical experts, each from the field of water
supply, sanitation, hydrology and law. |
Members |
(j) |
Director General. |
Member/Secretary |
(2) The
Chief Minister may nominate a person as Vice Chairperson for such period as he
may deem fit.
(3) The
Members at clause (i) of sub-section (1), shall be nominated by the Chief
Minister for a period of three years who shall serve during the pleasure of the
Chief Minister.
(4) The
Vice Chairperson or Member at clause (i) of sub-section (1), may resign from
his office before the expiry of tenure by submitting his written resignation to
the Chief Minister.
(5) The
Authority may co-opt any other expert for its assistance in the meeting but
such co-opted expert shall not have any right to vote.
5. Meetings of Authority.- (1) The Authority shall meet, at least, once in
three months at such time and place and observe such procedure with regard to
transaction of its business as may be prescribed by the regulations and until
so prescribed, as the Authority may determine.
(2) The meetings of the Authority shall be
presided over by the Chairperson; or, in his absence, by the Vice Chairperson
and both the Chairperson and vice Chairperson are not available then by a
Member so elected by the Members present.
(3) The quorum for a meeting of the Authority
shall be one half of its total Members.
(4) The decisions of the Authority shall be
taken by majority of the Members present and voting and in the event of
equality of votes, the Chairperson or the person presiding over the meeting, as
the case may be, shall have the casting vote.
(5) The Director General shall maintain a
complete record of minutes of the meeting of the Authority.
(6) No act, decision, order or proceedings of
the Authority shall be invalid by reason of any vacancy or defect in the
constitution of the Authority.
6. Powers and functions of Authority.- (1) The Authority shall
oversee and supervise the functions of the Agency for the purposes of the Act.
(2) Without prejudice to the generality of the
foregoing provision, the Authority shall:
(a)
make and enforce
policies for the development and maintenance of water supply and sanitation
systems;
(b)
develop,
propose and implement key performance indicators, as well as, minimum standards
for service delivery by the Agency;
(c)
review and monitor
performance of the Agency;
(d)
determine, review and approve fee and charges for supply of water, sanitation
services or any other service provided under the Act;
(e)
coordinate with any
other authority performing similar functions in any other area;
(f)
review and decide
human resource related matters;
(g)
administer and enforce
the Act and rules and regulations made or framed thereunder;
(h)
hire advisors or
consultants for the purposes of the Act;
(i)
regulate and prohibit
the use and extraction of groundwater;
(j)
constitute standing or
special committees or any other committees as it deems necessary and delegate
or assign functions to such committees for carrying out the purposes of the
Act; and
(k)
perform such other
functions or exercise such other powers as may be necessary and ancillary
thereto.
7. Director General.- (1) The Chief Minister shall, on such terms and
conditions as may be determined by him, appoint the Director General of the
Authority for a period of three years and shall serve during the pleasure of
the Chief Minister.
(2) Notwithstanding
the expiration of the term of the Director General, Chief Minister may allow
him to continue to hold office for a further period of three months or till his
successor enters upon his office, whichever is earlier.
(3) The
Director General shall be responsible for general administration of the
Authority and shall perform such other functions as provided under the Act or
assigned to him by the Authority.
(4) The
Director General shall:
(a) be
the whole-time officer of the Authority;
(b) be
the principal accounting officer of the Authority; and
(c) be
competent to enter into contracts on behalf of the Authority on the direction
of the Authority.
(5) The
outgoing Director General shall, subject to fulfilling criteria, be eligible
for re-appointment as Director General.
(6) The
Director General may resign from his office, before the expiry of his tenure,
by submitting his written resignation to the Chief Minister.
8. Employees of Authority.- The Authority may, from
time to time, employ such officers, officials and other employees on such terms
and conditions as it may prescribe.
9. Determination of fee and other charges.- The Authority shall determine, review and approve
the fee and other charges for the supply of water and sanitation services and
any other service provided under the Act.
10. Establishment of Agency.- (1) Upon the commencement of the Act, the
following Agencies shall be deemed to have been established under the Act and
continue to work in the areas for which they were established unless altered,
modified or changed by the Government and shall be governed under the Act:
(a)
Lahore Water and
Sanitation Agency established under the Lahore Development Authority Act, 1975
(XXX of 1975); and
(b)
Faisalabad Water and
Sanitation Agency, Multan Water and Sanitation Agency, Rawalpindi Water and
Sanitation Agency and Gujranwala Water and Sanitation Agency established under
the Development of Cities Act, 1976 (XIX of 1976).
(2) The
Government may, by notification in the official Gazette, establish one or more
Agencies other than the Agencies provided under sub-section (1), for providing
services in the area provided in the notification.
(3) The
Government may, by notification in the official Gazette, entrust any existing
Agency to provide such services in such areas as may be provided in the
notification.
11. Composition of Agency.- (1) Each Agency shall consist of:
(a)
to be nominated by
the Chief Minister. |
Chairperson |
(b)
representative of
Housing, Urban Development and Pubic Health Engineering Department, not below
the rank of Additional Secretary. |
Member |
(c)
representative of
Local Government and Community Development Department, not below the rank of
Additional Secretary. |
Member |
(d)
representative of
Finance Department, not below the rank of Additional Secretary. |
Member |
(e)
representative of
Planning and Development Board, not below the rank of Additional Secretary. |
Member |
(f)
two Members of the
Provincial Assembly of the Punjab, including one female Member, to be
nominated by the Chief Minister. |
Members |
(g)
Deputy
Commissioner of the concerned district. |
Member |
(h)
an officer of the
Authority nominated by it. |
Member |
(i)
three technical
experts, including at least one female. |
Members |
(j)
Managing Director
of the Agency. |
Member/ Secretary |
(2) The
Chairperson of the Agency shall be nominated by the Chief Minister for such a
period as he deems fit, who shall serve during the pleasure of the Chief
Minister.
(3) The
Members at clause (i) of sub-section (1), shall be nominated by the Chief
Minister for a period of three years, who shall serve during the pleasure of
the Chief Minister.
(4) The
Member at clause (i) of sub-section (1), may resign from his office before the
expiry of his tenure by submitting his written resignation to the Chief
Minister.
12. Meetings of Agency.- (1) The Agency
shall meet at least once in three months at such time and place and observe
such procedure with regard to transaction of its business as may be determined
by it.
(2) The meetings of the Agency shall be presided over by the
Chairperson, or, in his absence, by the Member nominated by the Chairperson and
if so not possible, then by a Member, from amongst the Members, so elected by
the Members present.
(3) The quorum for a meeting of the Agency
shall be one half of its total Members.
(4) The decisions of the Agency shall be taken
by majority of the Members present and voting and in the event of equality of
votes, the Chairperson or the person presiding over the meeting, shall have the
casting vote.
(5) The Managing Director shall maintain a
complete record of the minutes of the meeting of the Agency.
(6) No act, decision, order or proceedings of
the Agency shall be invalid by
reason of any vacancy or defect in the constitution of the Agency.
13. Powers and functions of Agency.- (1) The Agency may
perform such functions and exercise such powers, within its area as are
necessary for carrying out the purposes of the Act.
(2) Without
prejudice to the generality of the foregoing provisions of sub-section (1), the
Agency shall have power to:
(a) develop, operate, maintain and provide
water supply, sewerage and drainage systems;
(b) initiate and maintain a continuous
process of comprehensive development and planning of water supply, sewerage and
drainage services;
(c) plan, design, construct, operate and
maintain water supply, sewerage, drainage systems and schemes, including water
treatment plants, waste water treatment plants and disposal systems and
stations;
(d) establish, maintain and periodically
revise as necessary, planning controls, design and construction criteria, and
regulations for water supply, sewerage and drainage services for the area;
(e) approve all proposed extension or
rehabilitation works on the water supply, sewerage, drainage systems and
schemes in the area whether owned and carried out by the Agency, Government,
Development Agency, industrial concern, private
developer, individual consumer or any other person;
(f) prepare and implement any scheme for
expanding provision of water supply, sewerage and drainage facilities to such
other areas as the Authority may direct;
(g) take such steps for conservation of water
resources as may be necessary including the imposition of fee or water
conservancy or aquifer charges with prior approval of the Authority;
(h) undertake awareness campaigns regarding
water conservation, drainage, water supply and sewerage through media,
seminars, publications and other available means of information technology;
(i) hire, on such terms and conditions as it
may determine, advisors, consultants, experts or other administrative or
technical personnel for the discharge of its functions under the Act;
(j) collect such fee and charges as may be
determined by the Authority;
(k) cause removal of any
works obstructing the water supply, sewerage or drainage network and to prevent
any activity that disrupts or interferes therewith;
(l) enter into contracts, on behalf of the
Authority as delegated to it by the Authority for discharge of its functions,
including outsourcing any part thereof to a third-party in such manner as may
be determined by the Authority;
(m) implement measures and standards determined
by the Authority;
(n) with prior
approval of the Authority, undertake any joint venture or work in association
with a foreign or domestic agency, corporation, company, authority or person
and may subscribe to the equities and acquire such other rights and obligations
as may be necessary for such joint venture or association; and
(o) perform and carry out any other act, duty
or function necessary to give effect to its functions under the Act.
(3) The
Agency may also undertake such other function entrusted to it under any other
law for the time being in force.
(4) Under
intimation to the Authority, the Agency may, subject to its capacity, perform
such functions or execute such schemes as entrusted to it by the Government,
Local Government or any other authority or agency established under any other
law for the time being in force.
(5) In
addition to the powers and functions provided under sub-section (1), the Agency
may undertake construction, improvement, maintenance, operation and expansion
of:
(a) water supply works including wells, water treatment plants and other
facilities for collecting, pumping, storing and distributing water to all types
of consumers; and
(b) sewerage works for collecting, pumping, treating and disposing of sewage and the provision of storm-water drainage
facilities.
14. Managing Director.- (1) The Managing
Director, for each Agency, shall be appointed by the Chief Minister for a
period of three years, on such terms and conditions as may be prescribed
through rules and until so prescribed, as may be determined by the Chief
Minister and he shall serve during the pleasure of the Chief Minister.
(2) Notwithstanding
the expiration of the term of the Managing Director, Chief Minister may allow
him to continue to hold office for a further period of three months or till his
successor enters upon his office, whichever is earlier.
(3) The
Managing Director shall:
(a) be the whole-time officer of the Agency;
(b) have the general and active management of
the business of the Agency;
(c) ensure the implementation of the orders
and resolutions of the Agency; and
(d) exercise such other
powers and perform such other functions as may be entrusted to him by the
Agency.
15. Appointment of officers and employees.- The
Agency may appoint such officers, officials and other employees, as it
considers necessary for efficient performance of its functions, on such terms
and conditions as it may determine.
16. Permissions.- (1) No person shall build a private drain, empty a
private drain into a public drain or install any equipment that interferes
with, or affects the use of the Agency’s water supply, sewerage and drainage
network without obtaining prior permission of the Agency.
(2) No
person shall develop, build, construct any works, block, building, factory,
industry or house where water is intended to be used or drained unless a layout
of the drawings has been submitted to the Agency and its permission obtained
thereon.
(3) Any
person desirous of undertaking any act prohibited under this section shall
apply to the Agency for its permission and the Agency may give its approval, in
such manner, on such terms and conditions and on payment of such fee as may be
prescribed through regulations.
17. Control of discharge.- No industrial waste
shall be discharged into the Agency’s sewerage or drainage system without
obtaining a license from the Agency on such terms and conditions, on payment of
such fee and in such manner as may be prescribed by regulations.
18. Right of entry.- (1) The Agency shall have power to authorize its
employees to enter any land, house or other building within its area and to
carry out its functions, in, on, under or over that land, house or building and
to take any action, including but not limited to digging of soil, laying down
of pipes or lines, construction or installation of any works, inspection or
repair of any pipes or mains, for the purposes of discharging its functions
under the Act.
(2) Where entry under sub-section (1) is
refused by the owner or occupier of the said land, house or building, the
Agency may apply to the concerned Magistrate for an order to enable such entry
to be carried out.
19. Groundwater.- (1) Notwithstanding anything contained in any other
law for the time being in force, ownership of groundwater resources, within the
area, shall vest in the Authority and the Agency shall have power to control
and regulate use thereof in accordance with the provisions of the Act.
(2) Notwithstanding the foregoing, the
Authority may, by notification in the official Gazette, amend, modify or alter
boundaries of an area for the purpose of this section in order to bring the
geographical boundary on land in line with the boundary of the underlying
aquifer and its hydrogeological area of influence and any additional area so
notified under this sub-section that extends beyond the area of the Agency
shall be referred to as the groundwater basin area in which the Agency will
exercise the powers conferred by this section only.
20. Controlled
area.- (1) The Authority
may, in consultation with the concerned Agency, declare, by notification in the
official Gazette, any locality within the area or the groundwater basin area to
be a controlled area of the concerned Agency for the purposes of the Act and
may issue in respect of such controlled area such directions as may be
necessary for the conservation of groundwater.
(2) Where
a declaration has been made under sub-section (1), no person or any other
agency shall install a tube-well, a water-pump or any similar device within the
area or the groundwater basin area, as the case may be, to extract water from
the aquifer without obtaining a license from the Agency in such manner and on
such terms and conditions as may be prescribed by the regulations and any
person who has already made such an installation prior to the issuance of the
declaration under sub-section (1) shall obtain a license from the Agency in
respect thereof within such period, on payment of such fee and on such terms
and conditions as may be prescribed by the regulations.
(3) Any
person violating the provisions of sub-section (2) shall be liable to
punishment under the Act along with closure or sealing of the
said tube-well and disconnection of any other service by the Agency.
21. Fund of Authority.- (1) There shall be a
Fund to be known as the Punjab Water and Sanitation Authority Fund and a
separate fund of each Agency which shall vest in the Authority and shall be
utilized by the Authority and its Agency to perform their functions and meet
their expenses including the payment of salaries and other remuneration to
their officers, employees, experts, advisers and consultants in such manner as
may be prescribed by the regulations.
(2) The Fund
shall consist of:
(a) loans
and grants by the Government;
(b) all
moneys received from the Federal Government, Government and their bodies, local
government, or any national or international agency by way of grants, loans,
advances or otherwise;
(c) all
fee, charges and other moneys received by the Authority or the Agency;
(d) all
moneys received by the Authority and the Agency from the disposal of lands,
buildings and other movable and immovable property;
(e) income
from lease of property or from any investment made in pursuance of the Act; and
(f) all
other sums received by the Authority and the Agency.
(3) The
Authority may, in consultation with Finance Department and with prior approval
of the Government, borrow money or raise funds by issuing bonds or debentures
or otherwise for carrying out the purposes of the Act.
(4) The
Authority and its Agency may open their accounts in any scheduled bank in such
manner as may be prescribed and may, in case of excess amount, invest in
Government securities, Government sponsored saving schemes in such manner as
may be determined by the Authority and its Agency.
(5) The
fee and other charges collected by the Agency shall be transmitted to the Fund
at such ratio as may be determined by the Government.
22. Fee and charges.- (1) The Agency shall
collect such fee and charges for the provision of water supply, sewerage and
drainage services or any other service provided under the Act within its area
as may be determined by the Authority.
(2) The
Agency, with prior approval of the Authority, in relation to its groundwater
basin area, may collect a groundwater extraction charges at such rate as may be
necessary for regulating the use and extraction of groundwater.
(3) The
Agency, with prior approval of the Authority, may collect a water conservation
charges for the purpose of securing sustainable use and conservation of
groundwater.
(4) The
Agency, with prior approval of the Authority, may collect such surcharge as may
be determined by the Authority.
(5) The
imposition of a fee, charges and surcharge by an Agency, under this section,
shall be published on the website of the Agency.
23. Budget.- (1) The Director General, in case of Authority and
Managing Director, in case of Agency, shall prepare, in such manner and at such
time as may be determined by the Authority, their respective budgets in respect
of each financial year.
(2) The
Director General shall place the budget of the Authority, for approval, before
the Authority and Managing Director shall place the Agency's budget, after its
recommendation, before the Authority for approval by the Authority:
Provided that if the budget of the Agency is not
approved by the Authority within thirty days from its receipt, without any
observation in writing by the Authority, it shall be deemed to have been
approved by the Authority.
24. Accounts.- The Authority and the Agency shall maintain proper
accounts and other relevant records and prepare annual statement of accounts in
such form and manner as may be prescribed through the regulations.
25. Audit.- (1) In addition to the audit conducted by the
Government, the Authority and Agency shall appoint separate firms of charted
accountants placed in category ‘A’ by State Bank of Pakistan, for the annual
audit of their accounts.
(2) The
auditors, appointed under sub-section (1), shall submit their reports to the
Authority and the Agency, as the case may be, and the Authority and the Agency
shall take such actions and make such decisions as may be necessary in light of
the audit report.
26. Annual
report.- (1) The Authority shall, within six months of the
close of a financial year, submit to the Government an annual report.
(2) The
Annual report shall consist of:
(a) the
statement of accounts and audit reports of the Authority and the Agency;
(b) a
comprehensive statement of the works and activities of the Authority and the
Agency during the preceding financial year and its proposed projects and
schemes; and
(c) such
other matters as may be prescribed or as the Authority may consider
appropriate.
(3) The
Agency shall submit its report comprising of statements and other matters, as
provided under clauses (a), (b) and (c) of sub-section (2), within three months
of the close of a financial year, to the Authority.
(4) The
Government shall, within three months of the receipt of the annual report from
the Authority, cause it to be laid in Provincial Assembly of the Punjab.
27. Offences, penalties and procedure.- (1) If a person
contravenes any provision of the Act, he shall, if no other penalty is provided
for such contravention, be punishable with imprisonment for a term which may
extend to one year or with fine which may extend to five hundred thousand
rupees or with both.
(2) A
person who contravenes the provision of section 20 shall be liable to imprisonment which may extend
up to thirty days but not less than three days and fine which may extend to one
million rupees but not less than fifteen thousand rupees.
(3) If a
person continues to violate any order of the Authority or the Agency, he shall,
in addition to any other punishment under the Act, be liable to punishment of
fine which may extend to five thousand rupees for each day, the offence
continues.
(4) If a
person fails to obtain any license or permit required under the Act, rules and
regulations made or framed under the Act, he shall be liable to punishment of
fine which may extend to twenty-five thousand rupees.
(5) If a
person prevents, restricts or interferes with the performance or discharge by
any employee of the Authority or the Agency of any of its functions or
obligations, he shall be liable to imprisonment which may extend to thirty days
and fine which may extend to twenty thousand rupees or with both.
(6) An
offence punishable under the Act shall be cognizable on a complaint, in
writing, of an officer authorized by the Authority or the Agency to the officer
in charge of the police station.
28. Trial
of offences.- (1) An offence under the Act shall be cognizable
and bailable.
(2) The
offences under the Act shall be tried in accordance with the provisions of the
Code of Criminal Procedure, 1898 (V of 1898).
29. Bar
of jurisdiction.- No order made in exercise of any power conferred
by or under the Act shall be called in question in any Court except in the
manner as provided under the Act.
30. Delegation.- (1) The Authority may delegate to the Vice Chairperson,
Director General, its committee, a Member, officer or employee, or its Agency
or its Member, officer or employees any of its functions and powers subject to
such conditions as it may think fit, except the following:
(a) adaptation or amendment or repeal of regulations;
(b) approval of annual budget of the Authority;
(c) consideration and decision on the audit reports;
(d) constituting a committee or filing a vacancy therein;
(e) filling a vacancy in the Authority; and
(f) power to declare the groundwater basin area.
(2) The Agency may delegate to the Managing Director, its
Members, officers or its employees such powers and functions subject to such
conditions as it may deem appropriate.
31. Indemnity.- No suit, prosecution or other legal proceedings shall
lie against the Authority or the Agency and their Chairperson, Vice
Chairperson, Members, officers,
employees, the Director General, the Managing Director, in respect of anything
done or intended to be done in good faith under the Act.
32. Recovery of dues.- Any sum that is due to
the Authority or the Agency shall be recoverable as arrears of land revenue.
33. Employees to be public
servant.- All employees of the Authority
or the Agency shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
34. Power
to make rules.- The Government may, by
notification in the official Gazette, make rules for carrying out the purposes of the Act.
35. Power to
frame regulations.- Subject to the Act and
the rules made thereunder, the Authority may, by notification in the official Gazette,
frame regulations for carrying out the purposes of the Act.
36. Al-Jazari
Water and Sanitation Academy.- (1) The Al-Jazari Water and Sanitation Academy
situated at Lahore shall be deemed to be under the Authority from the date of
commencement of the Act and shall continue to perform its functions as already
assigned to it until altered, modified or changed by the Authority through the
regulations.
(2) All
assets, liabilities or properties moveable or immovable of the Al-Jazari Water
and Sanitation Academy shall remain vested in it but its administration and
superintendence shall stand transferred to the Authority.
(3) The
Academy may recruit trainers, instructors, officers and such other employees in
such manner as may be prescribed through regulations.
37. Repeal, omission and savings.- (1) Sub-sections (2) to (6) of section 10,
sub-section (2) of section 28 and section 29 of the Lahore Development
Authority Act, 1975 (XXX of 1975), and clause (xvi) of sub-section (2) of
section 7, sub-section (2) of section 27 and section 28 of the Punjab
Development of Cities Act, 1976 (XIX of 1976) are hereby repealed and entries at Sr. No.1 and 2 of Fourth
Schedule of the Punjab Water Act, 2019 (XXI of 2019) are hereby omitted.
(2) Notwithstanding
the repeal under sub-section (1), all schemes, projects, or works started by
the following Agencies but not completed shall be deemed to have been started,
continued to be executed under the provisions of the Act:
(a)
Lahore Water and
Sanitation Agency established under the Lahore Development Authority
Act, 1975 (XXX of 1975); and
(b)
Faisalabad Water and
Sanitation Agency, Multan Water and Sanitation Agency, Rawalpindi Water and
Sanitation Agency and Gujranwala Water and Sanitation Agency established under
the Development of Cities Act, 1976 (XIX of 1976).
(3) Notwithstanding
the repeal under sub-section (1), all rules made, regulations framed,
appointments made, orders and notifications issued, land acquired, schemes
prepared or executed, rates determined and penalties and fee imposed, or other
charges levied, contracts entered into, bank accounts opened or fixed deposits
made, suits instituted by or against the Agencies mentioned in sub-section (2)
or any other right accrued, or liability incurred or action taken or
proceedings initiated under the repealed Acts, shall, so far as they are
consistent with the provisions of the Act, continue in force and be deemed to
have been made, imposed, levied, issued, entered into, opened, instituted,
prepared, executed, accrued or incurred, taken and initiated by the Agency
under the Act:
Provided that the existing employees of the Agencies
given in sub-section (2), shall continue to serve in their respective agencies
and their terms and conditions shall not be altered to their disadvantage.
38. Act to prevail.- In the
event of any conflict or inconsistency between the provisions of the Act and
the provisions of any other law, the provisions of the Act shall, to the extent
of such conflict or inconsistency, prevail.
39. Removal of difficulties.- If any difficulty
arises in giving effect to any of the provisions of the Act, the Government
may, by notification in the official Gazette, make such order, not inconsistent
with the provisions of the Act, as it may deem necessary for the purposes of removing
such difficulty.
[1]This Act was passed by Provincial Assembly of
the Punjab on 20 January 2025; assented to by the Governor of the Punjab on 29
January 2025; and was published in the Punjab Gazette (Extraordinary), dated 29
January 2025, pages 2697-2707.