The Pakistan Council of Renewable Energy Technologies Act, 2016

lN THE NATIoNAL ASSEMBLY]
ITO BE INTRoDucED
BILT,
t.ovid(,
lar the
Wttt,tr.t:ns
asLLLbtisltnrcnt
o!
PcLkiston
Corutcil
o.f
Renetvahle Dnetgl' Teclutologies
it is expcdient to provide ior the establishment of
a council
for resealcl.r
ur!l dcveloprnent. acquisition. promotion, propagation and dissenlination of renewablc
cn 'rrv technologies and for matters connected therewith or ancillary tliereto;
Ir rs hcrebv enactecl as follous:
-
l
(1) This Act may be called thc
Short title, cxtent and commehcement.
(
Plrl.rstan ouncil ol Rene,,..'able Energy Technologies Act, 2016.
(2) It extends to the whole ofPakistan
(3) It sirall corle into force at once.
1
Definitions.-- In this Act. unless there is anything repugnant in the
subject
or onlext,
(
(
rneans the Board
a)
ofGovenrors of the Council;
olthe Board;
(b)
"Chairman"
(c)
"Council" means the Pakistan Council of Renewable Energy
means the Chairman
Teclrnologies;
(d)
"Director-General" means
(e)
"Executive Committee" nreans the Executrve Conrmittee of the
tl.re
Director Ger.reral of the Council:
Board;
(0
"member" means
(c)
"prescribed" means prescribed by rules or regulations made under
a member
of the Board;
this Act;
(h)
"regulations" means regulations made under this Act;
(i)
"renewable energy" includes photovoltaic, biogas or bromass,
mirri or micro hydel, wind and other alternative and renewable
energy;
rneans rules made under this
Act;
0)
"rules"
(k)
"Technical Advisory Committee" means the l'echnical Advisory
Comnrittee of the Council; and
(1)
"Vice-Chairman" means the Vice-Chairman of the Board.
3.
Establishment of the Council.- (1) On the commencement of this Act, the
Pal<istan Council of Renewable Encrgy Technologies shall stand established i11
accordance with tlle provi:.ions of this Act.
(2) The Council sl.rall be a body corporate, having perpetual succession and a
conlnlorl seal with powers, subject to the provisions of this Act, to acquire and hold
property a:.rd shall by the srid name sue and be sued through its Director General.
(3)
The headquarler of the Council shall be at Islamabad
4.
Functions of the Council.
(a)
-
The Council shall--
acquire, develop and disseminate techniques and processes for
promotii)rl and propagation bf photovoltaic, solar, thermal, hydrogen,
biogas cr biomass, mini or micro hydel, wind and other altemate and
renewable energy techniques;
(b)
establist. facilities and expertise for developing suitable technologies
to produce materials, devices and appliances in the fields of altemate
and renewable energy sources:
(c)
organize, coordinate, prornote and execute research and development
in the fie lds of altemative, new and renewable energy technologies;
(d)
create trrining and educational facilities to meet the requirements
expandirLg indigenous renewable energy technologies;
(e)
an'ange conferences, workshops, demonstrations, motivation,
of
dissemination, training and extension for wide adoption of renewable
energy .echnologies including establishing data base on related
activities;
with other related national and
(0
establish liaison
(g)
advise ard assist the Federal Govemment and relevant industries in the
establish:nent of facilities for industrial level production in renewable
energy technologies;
(h)
collect, tlissenrinate, arrange utilization of information and research
intemational
organizar ions and promote cooperation in the related technica[ fields;
processes and results;
(i)
accept fe:s, donations, endowments and gifts for further achieving the
obj ective; of the Council;
0)
determinr:
the economic and technical feasibility of
related
technoloE ies and undertake pilot plant investigations and field trials;
of
(k)
establish technical advisory service cells for all types
enelgy ter:hnologies;
(t)
undertake contract and collaboralive research projects with the public
and private sectors; and
undertake any further activities to promote generally the aims and
obj ectives ofthe Council.
(m)
renewable
Z
Managenrent
(
0ilS
SL
of the Council.-The
nranagemeut
of the
Council shall
()l
(a)
Board;
Executrve Committeel and
Dilector-Ceneral.
(b)
(c)
6. Ilo rd of Governors. (l) The general control arrd superintendence
,rllillr: ,)l the (iourrci] shall vest ir.r the Board.
(f) t
he Board shall consist
(a)
(
tr)
(c)
o1'
of the follou,ing, narnelv:-
N,linister for Scier.rce aid Technology.
Chuinnatt
Secretary, Science and Technology Division
l/iceChairnrurt
Secretary, Ministry of Finance or his Mettrhcr
representative not below the rar.rk of Joiut
Secretary.
(d)
Secretary, Ministry of Water and Power or his
representative not below the rank of Joint
Mentber
Secretary.
(e)
a
rcpresentative
of Altemative
Energy
Member
Der,elopment Board.
(i)
two representatives of academia to be nominated
by the Federal Government.
(e)
Director-General, Pakistan
Menbers
Environmental Mentber
Protection Agency.
(h)
ir
representative
of the Federation of Pakislan
Mentbcr
Chanrbers of Commerce and Industry.
(i)
Director-General
Mentber
(3)
'Ihe Director-General shall act
as Secretary
1.
F'unctions and powers of the
Board.-
( a.)
(tr)
(c)
(
ci)
of the Board
The Board shall
--
lonlulate ovcrall policies, plans and programmes of the Council;
make amual and long term plans of the Council;
examine and approve feasible research projects. proposed by the Technical
Advisory Comntittee;
approve, afler examining feasibility
dcl,c)opnrent budget of the Council;
of the annual development and
non-
(e)
subject
to feasibility create, abolish or re-designate any post or engaBe
o' expens from time to time on such pay or remuneration, other
consultaDts
allowances and terms and conditions as it may deern necessary for efficient
performance ,rf functions of the Council;
(1)
(S)
lo the Federal Govemment to terminate the contract of the
Director Gen:ral before the expiry of his tenure in case of unsatisfactor),
perforlrance; and
recol.nrnend
when require'1, make regulations for canyir.rg out the activities considered
necessary for achieving efficient functioning of the Council under this Act.
8.
Term of offir:e of members.- (1) Save as hereinafter provided, a melnber,
olher than an e.r-oJJ'icio nrember, shall hold office for a period ofthree years from the date
o l'his a1;po in trrrent.
(2) A mernber, (,ther than an ex officio
rnember, may resign his office by
writing under his hand addressed to the Federal Govemment.
(3)
No act or pror:eeding of the Board shall be invalid, merely on the ground of
existence of a vacancy in, or defect in constitution of the Board.
9.
Meetings of the Board.- (1) Save as hereinafter provided, the Board shall
regulate the plocedure for its meetings.
(2)
N{eetrngs of the Board shall be called by its Chairman on such date and at
such time and place, as he may deem fit:
Plovided that not less than two meetings shall be held in a year.
(3)
One-half menbers of the Board shall constitute quorum for a meeting of the
Board.
(4)
Each meetir.rg of the Board shall be presided over by the Chairman and, in
his absence, b',, the Vice-Chairman.
10. Executive C rmmittee.- The
Executive Committee shall assist the
(lay
to day functions o[ the Council and be responsible lbr
Chairrnan in running the
adrninistrative as well as financial matters of the Council. The Committee shall cornprise
thc following member, namely;-
(a)
(b)
(c)
Director General;
one serli()r most scientific or technical officer of the Council; and
a representative, not below the rank of Joint Secretary, of the Division
to which business ofthe Council stands allocated.
The Executivo Committee shall take decisions of urgent nature and all
decisious of the Conrmittee shall be reported to the Board for notification.
Directo r-Gencral of the Council.- The Director-General shall be
appointed by the Federal G(,vemment on such terms and conditions as may be prescribed.
I
l
4
lZ.
Porrers -and lunctions of the Director-Genera
,lr,r i bc tlrc clr ref' exccutive officer of the Council. who-
l.-
-lhc
Director-Genera]
(a)
n'ra\', suDject to ciause (e) ol scctiorr 7, appoint such otlcers and
cmployees as mav be necessary for efficient perfomlance of functions
of the Council on such tenns and conditions as may be prescribed;
(b)
nra;', from time to 1ime. for the purpose of ensuring efficient
liructionrng of the Council and to facilitate its day to day functiorrs,
delegate to any officers ofthe Council, such of his functions. porvcrs
or duties as he may consider necessary;
(c)
shall lonrulate business alld reseal'ch plans ancl snbmit to the Board
lbl approval;
(d)
slrall ensure protectioll
i
(e)
(i)
(g)
6f all
assets
of the
Council inclu<ling
ntellectual property assets;
shall promote commercialization of research and development rvorl<
of the CoLrncll linking it with the rnarket demand;
shall anange lbr annual perfon.nance evaluation of the Council:
shall prepare arrnual report
of the Council lor
submission
to
the
Federal Government which shall place it before the Parliament;
(h)
shall, for efhcient perfornrance
(i)
shall commission industry specific studies, to identify techrlical
of tl.re Council, identify areas
strength :rnd weakness and formulate remedial programmes; and
of
problerns and to approve plans for technical or scientific input by the
Council towards their solution.
13. Technical Advisory Committee.- (l ) There shall be a Technical Advisory
( or :rrittce ,,Ithe Council'comprising
(a)
Director-General
(b)
trvo nrembers of the Board to be nominated by the
C ltairpersott
lll enber
s
Chainnan.
(c)
two experts from academia to be nominated by
the
Mentbet s
(d)
Chief Executive, Nationai Rural Support Programme.
Mentbcr
(e)
two experts from the manufacturers of machinery and
eqr.ripment in the field of renewable energy
Mentbers
Federal Govemment,
technologies.
(f)
representatives
of
Provincial Govemments from
Mentbers
energy sector, one from each Province.
)
\2)
Tl)e Technicrl Advisory Comnrittcc shall--
(a)
identify and rrepare research programmes relevant to the market demand;
(b)
propose ann,ral, five years and ten years development programmes of the
Councrl;
(c)
advise and report on any technical matters relerred to it by the Board; and
(d)
conduct perfrrmance evaluation
by the Board
l
,l.
15.
of
research programme for consideration
Funds of the Council.-Tlre Iiunds of the Council shall consist
of-
(a)
grants f ronr the Govemment;
(b)
donatio rs and endowmentsl
(c)
funds g:nerated through sale proceeds, technical services and incourc
lronr parents I and
(d)
research grants
Appointmenr.s of officers and staff,
etc.- All appointments
in the Council
shall be made as may be prescribed.
16. Budget and irccounts.- (l) The Director-General shall, in respect of each
llnuncial vear, subnrit for approval of the Board, a statement showing all expenditures
incurred during the year alongwith estimated receipts and expenditures for the next
irnlncial year.
(Z)
The Council drall, by such date and in such form as may be prescribed,
submit to the Federal Go,/ernment for approval of its budget for each hnancial year,
showing the estimated receipts and expenditure and the sums which are likely to be
reqLrired from the Federal (iovemment during the financial year.
(3)
The accounls of the Council shall be audited by the Auditor-General of
Paliistan.
17. Delegation of pot'ers.- The Board may delegate all or any of its powers to
any functionary of the Council and by general or special order in writing direct that such
of its powers shall, in such circumstances and under such conditions, if any, as may be
spccilicd in the order, be e>:ercised by the Chairman, Executive Committee or a member
ol officer of the Council.
18.
Submission of reports, etc.- The Council shall submit to the Federal
Covernrncnt. at such time, and at such rntervals as the Federal Govemnrcnt nrav
specify. --
(a)
(b)
annual re ;ort on working of the Council;
such periodical reports, summaries and copies of documents as may be
required try the Federal Govemment;
(c)
such penodical retums, accounts, statements and statistics as may be
required t,y the Federal Govemment;
6
(d)
inlormation rrnd comments asked for by the Federal Goverrtment on
anv specific point; and
(c)
original documents required by the Federal Government for
examrnation or any other purpose.
l(.). Directives from the Federal Government.- The Federal Govemnlenl
nl.,-v. ir'r nl linle [o tin]e, issue to the Council such directives and orders as i1 may considcr
n\'(i!rss r',i iirr carrying ont the pulpose of this Act and the Council shall loliow and czu-r'1
()lrt sLrcl direcLives and o|dels.
:0. Discoveries and inventions to vest in the Council.- All rights relating to
rliscovcrics and inventions and any improvernenls in materials, nlethods, processes,
iil,l)aratI s or equipment n]ade by any ofhcer or employee of the Council in the course of
lris cnrp oyment shall vest in thc Council.
L,1l
Declaration ol fidelity ana secrecj.- Every menrber. adviser. officer or
er en,Ployee of the Council shall rnake such declaratiorl of fidelity and secrecy as nrav
iri
pr esc'
-1.
ibed.
)2. Continuance o'f certain rules, etc.- All rules, regulations and bye-laws
rurldc l.l., thc Cor.Lncil and iu fr:rce immediateiy before the commencement of this Acl
sl'irll rurlltls mutontlis, and so lar as they are not inconsistent with any of the provisious
ol this I ct, continue in force until repealed or altered by rules or regulations made undcr
th is Act.
;1.
th--
olficral
Porver to make rules.-The Federal Govemment may, by notification
ir.r
gaze'.te, nrake rules for canying out the purposes of this Act.
i 1. Polyer to make regulations.-The Council may with the approval of rhc
B,)ard, rrrakc regulations, not inconsistent with the provisions of this Act and the rurles
nrldc Lrr ,1er section 23. rvhich are considered necessary for the achievement of its ainrs
rur ti o1;jct tivcs and for the performance of its functions.
I5. llepeat.-
Resolutrorr
of the l-ederal Governmcnt
rrotified vide
rts
N rtifica ior.r No. 1(1)/97-CDOAM, dated the 4th August, 1998, herein after called as thc
rcr;ealed Resolution, rs hereby repealed.
26. SaT'ings.- Upon commencement of this Act, tl.re council formed by the
l:irieral .iovemment under the repealed Resolution shall stand dissolved and upon
dr.s,:lutln.
(a)
suc)r
all assets, rights, powers, authorities, privileges and propertv, movablc
and immovable, cash and bank balance, reserve funds, investments aud
all otl.rer interests and rights in, or arising out of such property and all
debts, Iiabilities and obligations of whatever kind of the dissolved
council subsisting immediately before its dissolution shall stand
transferred to aud vest in the Council;
(b) all oltcers
and other employces of the dissolved council shall.
notrvithstanding anything contained in any law or in any agreenlent.
dced, docLrnrent or other instrurnent, stand transferred to the Council in
7
accor(lance with their present terns and conditrons of the service
applicable to them and no otTicer or other employee whose services
are sc transferred shall be entitled to any compensation because of
such t:'ansfer;
(c)
all del)ts and obligations incurred or contracts entered into or nghts
acquir:d and all matters and tliings engaged to be done by, witlr or Ior'
tl.re dilisolved council before rts dissolution shall be deemed to irave
been irrcurred, entered into, acquired or engaged to be done by, with or
for the Council;
(d) all suits and other legal proceedings
instituted by or against the
dissolred council before its dissolution shall be deemed to be suits and
proceelings by or against the Council and may be proceeded or
otherwise dealt with accordingly; and
(e)
all acticns done by the dissolved council before the commencement o1'
this Ar t and not iuconsistent with any provrsion of this Act shall bc
deemerl to have been done under this Act.
27. Removal of difficulties.- If any difficulty arises in giving effect to any
provision of this Act, the .iederal Government may make such order not inconsistent rvith
tlre provisions of this Act. as it may appear necessary or expedient lor the purpose of
reuroving the diffi culty:
Provided that this power shall not be exercised after expiry of two years
th is Act
fron commencement of
8
STATEMENT.OF OBJECTS AND REASONS FOR THE ESTABLISHMENT OF
PAKISTAN COUNCIL OF RENEWABLE ENERGY TECHNOLOGIES (PCRET)
\iLi rr l)rs gilted
Paliistan r';il.h enornrous rener.vable and environment friendly encrg)
r,cus sLrch :rs solar. biorrass, biogas, microl.rydel, wind aud geothermal, etc. Thcsc
i'!s( rices can positively support progress through tangible R & D efforts, designatcd to
tler kru & prolnote technologies for sustainability, collsistent with our socio-ecollor'r'r ic
ctin lilrols
i.:r
iLrr lrr:r. tiri. workl sources oi lossil fuels are not only limired, these are last deplcting.
Intl scnrninate usc oI [ossil fuels has environmental dimensiorrs as well. A sltrft to
rcn,.\ able t:r'rergv sources has therefore become itnperatiYe.
A s.rbstanlial invcstnrent ir) the research of reiewable energies, fol optimurn utilization of
tlor rcstic resollrces, would also tend to improve the curent energy mix in its favour of
.\ !r tLrirl se Il-sullicietrcy',.
lh,
cstrblishnrcnt ofPakistan Council of Renewable Energy Techr.rologies, as a statutory
or!.rlrization, is rrtcnded to move towards the achie\.ement of the above objectivcs.
lhrlLrqh il coordinated rcsearch efforl.
Rana Tanveer Hussatn
Minister ibr Science & Technology
9