THE PUNJAB
ENERGY EFFICIENCY AND CONSERVATION AGENCY ACT 2025
(Act XXIV of
2025)
C O N T E N T
S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment
of the Agency.
4. Composition
and meetings of the Agency.
5. Functions
and powers of the Agency.
6. Managing
Director.
7. Public
servants.
8. Termination
of employment.
9. Fund,
account and audit of the Agency.
10. Annual
Performance Report.
11. Imposition
of fine.
12. Rules.
13. Regulations.
14. Indemnity.
15. Removal
of difficulty.
16. Savings.
[1]THE PUNJAB ENERGY EFFICIENCY AND CONSERVATION
AGENCY ACT 2025
(ACT XXIV OF 2025)
[2nd May 2025]
An Act to
provide for the establishment of the Punjab Energy Efficiency and Conservation
Agency.
It is necessary to make provisions for the
establishment of the Punjab Energy Efficiency and Conservation Agency as
‘designated agency’ under the National Energy Efficiency and Conservation Act,
2016 (XXX of 2016) for implementing the provisions of the said Act and for the
matters connected therewith and ancillary thereto.
Be it enacted by Provincial Assembly of the
Punjab as follows:
1. Short
title, extent and commencement.– (1) This Act may be cited as the Punjab Energy
Efficiency and Conservation Agency Act 2025.
(2) It
extends to the whole of the Punjab.
(3) It
shall come into force at once.
2. Definitions.– (1) In the Act:
(a)
“Act” means the Punjab Energy Efficiency and
Conservation Agency Act 2025;
(b)
“Agency” means the Punjab Energy Efficiency and
Conservation Agency established under section 3 of the Act;
(c)
“Category-I officer” means Category-I officer
as provided in the Punjab Delegation of Financial Rules 2016;
(d)
“Fund” means the Punjab Energy Efficiency and
Conservation Agency Fund provided under section 9 of the Act;
(e)
“Government” means Government of the Punjab;
(f)
“Managing Director” means the Managing Director
of the Agency;
(g)
“NEECA Act” means the National Energy
Efficiency and Conservation Act, 2016 (XXX of 2016);
(h)
“PEECP” means the Punjab Energy Efficiency and
Conservation Program of the Energy Department of the Government;
(i)
“prescribed” means prescribed by the rules or
the regulations;
(j)
“regulations” means the regulations framed
under the Act; and
(k)
“rules” means the rules made under the Act.
(2) A
word or expression used but not defined in the Act, shall have the same meaning
as assigned to it in the NEECA Act.
3. Establishment
of the Agency.- (1) The
Government shall, after the commencement of the Act, by a notification in the
official Gazette, establish the Agency to be known as the Punjab Energy
Efficiency and Conservation Agency.
(2) The
Agency shall be a body corporate, having perpetual succession and a common
seal, with powers to enter into contracts, acquire and, subject to sub-section
(3), dispose of both movable and immovable property in accordance with law, and
may, by the said name, sue or be sued.
(3) The
Agency shall not dispose of its immovable property without prior approval of
the Government.
(4) The
Agency shall have its main office in Lahore and may establish regional
offices at such cities as may be necessary.
(5) All existing employees
of the PEECP, on establishment of the Agency, shall stand transferred to the
Agency and perform their services thereunder.
(6) All existing assets, liabilities,
properties whether moveable or immoveable, of the PEECP, on the establishment
of the Agency, shall stand transferred to the Agency and any reference to the
PEECP shall be read and construed as a reference to the Agency.
4. Composition
and meetings of the Agency.-
(1) The Agency shall
consist of:
(a) |
Secretary
to the Government, Energy Department. |
Chairperson |
(b) |
Secretary
to the Government, Planning and Development Board or his representative not
below the rank of an Additional Secretary. |
Member |
(c) |
Secretary
to the Government, Finance Department or his representative not below the
rank of an Additional Secretary. |
Member |
(d) |
Secretary
to the Government, Transport Department or his representative not below the
rank of an Additional Secretary. |
Member |
(e) |
Secretary
to the Government, Environment Protection Department or his representative
not below the rank of an Additional Secretary. |
Member |
(f) |
Secretary
to the Government, Industries, Commerce, Investment and Skills Development
Department or his representative not below the rank of an Additional
Secretary. |
Member |
(g) |
President
Lahore Chamber of Commerce and Industry or his representative. |
Member |
(h) |
Vice
Chancellor of the University of Engineering and Technology Lahore or his
representative. |
Member |
(i) |
Managing
Director of the Agency. |
Member/Secretary |
(2) The
Agency shall hold its meetings, at least, thrice a year or as and when required
on the direction of the Chairperson.
(3) The
meeting of the Agency shall be presided over by the Chairperson and, in his
absence, by the member nominated by the Chairperson.
(4) The
meetings of the Agency shall be conducted in accordance with its regulations
for conduct of business or until so framed as the Agency may determine.
(5) The
Agency may, for its assistance, co-opt any technical expert having specialized
knowledge but such technical expert shall have not any right to vote.
(6) The
presence of not less than fifty percent of the total members of the Agency
shall be necessary to constitute a quorum for its meetings and its decisions
shall be made in terms of the opinion of the majority members present and
voting. In case of a tie, the vote of the Chairperson or in his absence, the
member presiding over the meeting shall have the casting vote.
(7) No
act or proceeding of the Agency shall be invalid merely by reason of any
vacancy or defect in the constitution of the Agency.
5. Functions and powers of the Agency.– (1) The Agency shall
act as the designated agency under the NEECA Act and exercise such powers and
perform such functions as are provided under the NEECA Act.
(2) The Agency, in addition to
the functions provided under the NEECA Act, may:
(a)
create posts and
recruit employees, hire consultants, technical experts and other professionals
as and when required on such terms and conditions as it may prescribe;
(b)
appoint as many
inspecting officers as may be necessary for the purpose of ensuring compliance
of the NEECA Act;
(c)
on its own initiative
or upon a complaint, require any person to get energy audit carried out within
the time stipulated by the Agency;
(d)
undertake awareness,
institutional development and capacity building measures for effective
implementation of the provisions of the NEECA Act;
(e)
constitute such administrative, financial and
technical committees for the efficient performance of its functions as may be
necessary and entrust to such committees such functions as it may consider
necessary except those assigned to it under the NEECA Act;
(f)
prepare and approve its annual budget in accordance with the
procedure prescribed by the Government;
(g)
get audited its accounts;
(h)
frame, amend or repeal regulations;
(i)
make decisions, issue guidelines or prescribe
procedures for administration of its Fund;
(j)
maintain a complete and
accurate record of its actual expenses and receipts; and
(k)
perform any other
function as may be assigned to it by the Government or the Energy Department,
as the case may be.
6. Managing
Director.– (1) There shall be a Managing Director of the Agency who
shall be appointed by the Chief Minister on such terms and conditions as may be
prescribed or until so prescribed as may be determined by the Chief Minister.
(2) The Managing Director shall serve during
the pleasure of the Chief Minister.
(3) The
Managing Director shall:
(a) be the
Chief Executive Officer of the Agency;
(b) be
a Category-I officer;
(c) be
responsible for the day-to-day administrative and financial affairs of the
agency;
(d) be
responsible to execute all decisions of the Agency; and
(e) exercise
such other powers and perform such other functions as may be assigned to him by
the Agency.
7. Public
servants.- The employees, advisors, consultants acting or
purporting to be acting under the provisions of the Act, shall be deemed to be
the public servants within the meaning of section 21 of the Pakistan Penal Code
1860 (XLV of 1860).
8. Termination
of employment.- (1) The Agency may, at any time, terminate the services of
an employee by serving thirty days’ prior notice or on payment of thirty days
salary in lieu of the notice.
(2) The employee of the Agency may, at any
time, resign from the service by serving thirty days’ prior notice to the
Agency or on payment of thirty days salary in lieu of the notice.
9. Fund,
account and audit of the Agency.– (1) There shall be a Fund of the Agency to be
known as the Punjab Energy Efficiency and Conservation Agency Fund which shall
consist of:
(a)
funds, loans or grants provided by the
Government;
(b)
loans or grants provided by the Federal
Government;
(c)
loans or grants received from any other
government, Agency or authority or international donor; and
(d)
any other sums received by the Agency.
(2) The
Fund shall be kept in one or more accounts in a Scheduled Bank as decided by
the Agency.
(3) The
Agency shall not incur any debt without prior approval of the Government.
(4) The accounts of the
Agency shall be audited by the office of the Auditor General of Pakistan
annually.
(5) The
Government may, in addition to the audit under sub-section (4), direct the
Agency to get its accounts audited by a registered firm of auditors or
well-known individual auditor having at least ten years audit experience, as a third party audit.
10. Annual Performance Report.- (1) The
Agency shall prepare its annual performance report and submit it to the
Government by the end of January each year.
(2) The
Government shall, within three months of the receipt of the annual performance
report from the Agency, cause it to be laid in Provincial Assembly of the
Punjab.
11. Imposition of fine.- If a
person is found to be contravening the provisions of the Act, he shall be
imposed a fine by the Agency in accordance with section 18 of the NEECA Act,
after providing a reasonable opportunity of hearing to that person.
12. Rules.– The Government may, by notification in the
official Gazette, make rules for carrying out the purposes of the Act.
13. Regulations.– The
Agency may, by notification in the official Gazette and with
prior approval of the Energy Department, make regulations not inconsistent with
the provisions of the Act and the rules made thereunder.
14. Indemnity.– No civil suit, prosecution or other legal
proceedings shall lie against the Chairperson, Members or employees of the
Agency or any person exercising any power or performing any act carried out or
contemplated to be carried out in good faith in furtherance of the provisions
of the Act, rules or regulations made thereunder.
15. Removal
of difficulty.– If any difficulty arises in giving effect to
the provisions of the Act, the Government may give such directions, not being
inconsistent with the provisions of the Act, as may appear to be necessary for
removing such difficulty.
16. Savings.– All acts done, decisions made and action taken
including appointments and contracts made under the PEECP immediately before
establishment of the Agency, shall remain intact unless altered, repealed or
amended by the Agency.
[1]This Act was passed by Provincial Assembly
of the Punjab on 21 April 2025; assented to by the Governor of the Punjab on 02
May 2025; and was published in the Punjab Gazette (Extraordinary), dated 02 May
2025, pages 4251-54.