�ݺ�ߣ

What is LAW?
Lets Acknowledge Wisdom

Sources of Law in Pakistan
•The Constitution
•The Legislature
•The Judiciary
•The Executive

The Constitution
•Approved in1973
•Consisted of 280 Articles, 6 Schedules
•Salient Features:
•Fundamental Rights – The Basic Purpose
•Legislature – The Law Making Process
•Judiciary – The Protector (Rule of Law)
•Executive – The Government

Fundamental Rights
Rights to Life, Property, Education, Fair trial,
Information, Non-discrimination, Association,
Movement, Trade, Business, Profession etc.
Protection of Fundamental Rights?

The Legislature
• Parliamentary System
• Majlis-i-Shoora
The National Assembly
The Senate
•The Provincial Assemblies

The Judiciary
• The Supreme Court
• The High Courts

The Executive
• Administrative Law
OR
• Delegated Legislation
• Administrative Tribunals / Courts

The Executive (Service Laws)
Service laws for WAPDA’s Employees
WAPDA Rules / Civil Servants Act,1973
Services Tribunal Act, 1973
Master-Servant Rule for Companies’ Employees
•Civil Procedure Code, 1908 / Civil Courts
•Writ Jurisdiction of High Courts

The Executive (Labour Laws)
For Wapda: NIRC
The Industrial Relations Act, 2012
For Companies: Labour Courts / Tribunals
•Punjab Industrial Relations Act, 2010
•Sindh Industrial Relations Act, 2010
•KP Industrial Relations Ordinance, 2010
•Balochistan Industrial Relations Act, 2010

The Executive (Labour Laws)
Common Laws for WAPDA / Companies
• The Workmen Compensation Act, 1923
• The Industrial & Commercial (Standing
Orders) Ordinance, 1968
• The Factories Act, 1934

The Constitution and WAPDA
 Council of Common Interest (CCI)
Articles 153-154:
• Consisting of PM, CMs and 3 Members from Fed.
Govt.
• Appointed by the President
• Answerable to Parliament
• Mandated to formulate & regulate policies in
relation to the matters e.g. Oil, gas, electricity,
ports etc. And to supervise & exercise control over
institutions like WAPDA etc.

 Water Supply Disputes: Article-155
 To be resolved by filing complaint in CCI
 A Commission shall be constituted by the
President
 Final decision by CCI.

 Hydro Electric / Thermal Power
Stations / Grid Stations: Article-157
• The Federal Government may construct so,
with prior consultation of the concerned
Provincial Government
• Disputes be referred to CCI for Resolution

 Net Hydel Profits: Article-161
• The Net-Profits, earned by the Federal Government
or any Undertaking established or administered by
the Federal Government, from the bulk generation
of power
shall be paid to the province in which the hydro-
electric station is situated.
• The Rate of Net-Profit shall be determined by CCI.

Legal Framework
 WAPDA
 DISCOs
 GENCOs
 NTDC

Legislative History of WAPDA /
DISCOs/GENCOs/NTDC
 Electricity Act, 1910: the law relating to the Supply and Use
of Electrical Energy.
 WAPDA Act, 1958: to provide for the Unified and Co-
ordinated Development of Water and Power Resources of
Pakistan
 Regulation of Generation, Transmission and Distribution of
Electric Power Act, 1997: to provide for the Regulation of
Generation, Transmission and Distribution of Electric Power.

DISCOs/GENCOs/NTDC
Amendment in WAPDA Act in 1994:
To Privatise or otherwise Restructure any
Operation of the Authority except the Hydel
Generating Power Stations.

DISCOs/GENCOs/NTDC
 Incorporation of PEPCO: To Manage the Process of
Corporatization and Preparation for Privatization of New Power
Sector Corporate Entities.
MOU signed between WAPDA and PEPCO in 1999
Incorporation of DISCOs: To Supply, Distribute and Sell Power
(LESCO/ FESCO / IESCO / HESCO/ GEPCO/ PESCO/ MEPCO /
QESCO): 1997-98 TESCO:2004 SEPCO: 2010

DISCOs / GENCOs / NTDC
Incorporation of NTDCL: 1998
To Operate & Maintain 220 KV and 500 KV Grid
Stations and Transmission Lines / Network by
Taking over from WAPDA
(Market Operations given to CPPA-G in 2015)

DISCOs / GENCOs / NTDC
PARTING OF WAYS
•Ministry of Water Resources: WAPDA
•Ministry of Energy: DISCOs / GENCOs /
NTDC / CPPA-G
(RULES OF BUSINESS 1973 AMENDED on 13.09.2017)

Legal Framework of WAPDA
WAPDA Act, 1958
Legal Status
The Authority
Hiring powers
Rule making powers

WAPDA - Legal Status:
•Statutory Corporation – An Authority
•Acquire, hold and dispose off property
•Perpetual Succession (Legal Person)
•Sue and Can be Sued by the said name

The Authority: Appointed by the Federal Govt.
 Chairman – 5-Years term
 3-Members – 3-Years term
• Member (Power)
• Member (Water)
• Member (Finance)

Hiring powers:
•Section 17 of WAPDA Act, 1958
(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.)

Rule making powers:
•Section 18 of WAPDA Act, 1958
(The Authority shall prescribe the
procedure for appointment and terms
& conditions of service of its officers
and servants, and shall be competent
to take disciplinary action against the
said officers and servants.)

Legal Framework of
DISCOs/GENCOs/NTDC
Public Sector Companies
 means a company, whether public or private, which is
directly or indirectly controlled, beneficially owned by
the Government
 Created / Incorporated under Company law
 Regulated by Security Exchange Commission of
Pakistan (SECP)
 Through Public Sector Companies (Corporate
Governance) Rules, 2013

Legal Framework of
DISCOs/GENCOs/NTDC
Managed by Board of Directors through
Memorandum of Association –
External Management
Articles of Association –
Internal Management
E & D Rules
Employees Management

Dealing with Legal Issues /
Litigation

Dealing with Legal Issues
Nature of Legal Issues / Management
Solutions / Guidelines:
a. Service / Employment Matters
b. Labour Matters
c. Contractual Matters
d. Land Acquisition Matters
e. Criminal Matters
f. Administrative Matters

A.Service / Employment Matters:
Issues Solutions / Guidelines
Appointment / Pay / Allowances Strict adherence to Rules
Transfer / Posting / Leaves No personal / egoistic approach
Promotion As and when due
Disciplinary Actions No personal concessions
Pension As soon as possible

B. Labour Matters:
Issues Solutions/Guidelines
Trade Unions / CBA Sharing in management
Industrial Disputes - Individual Active in-house redressal mechanism
Industrial Disputes - Collective Pro-Active Conciliatory approach
Judicial Forums Labour Courts / NIRC
Strike Pro-Active Conciliatory approach
Lock-Out Avoid Egoistic approach

C. Contractual Matters:
Execution of Contracts By Authorised persons only
Implementation Strict adherence to Clauses
Contractual Disputes Pro-Active Conciliatory Approach
Dispute Resolution Mechanism Avoid litigation at first instance
Amicable Settlement - Arbitration Initiate with in due time

D. Land Acquisition Matters:
Ordinary Acquisition Try to speed up the process
Emergency Acquisition Try to be vigilant
Rates determination Through Negotiations / DCO
Market-rate and Compensation All add-ons in the actual rate

E. Criminal Matters:
•Federal Investigation Agency
•National Accountability Bureau
•Courts of Magistrates / Sessions
Strict adherence to relevant laws
Don’t run-away! Face the proceedings

F. Administrative Matters:
Lease / Rent Timely action is MUST
Taxation matters Vigilant follow-up required
Revenue Records Continuous updation required
Affidavits/Undertakings/
Surety Bonds
Properly Stamped / Verification by
the Judge with name

Dealing with Litigation
•Duties of Dealing Officer:
1.Analyse nature of the case
2.Liaison with the Law Officer, if any.
3.Referring the case to Law Division /
Legal Cell for engagement of Lawyer
4.Liaison with the engaged lawyer

5.Preparation of factual comments and
timely submission to the lawyer
6.Proper follow-up of the case
7.Feed back to the Law Division / Legal Cell
8.Timely collection of certified copies of the
Judgment
Contd…..

9. Timely sending the decision to Law Division /
Legal Cell for opinion
10. Follow up your case in Law Division / Legal Cell
11. Preparation to challenge the decision,
OR
to implement the Judgment

MMC lecture dealing with legal matters06.23.pptx

WISHING YOU ALL
A BRIGHT & PROSPEROUS FUTURE!
Thanks.

�ݺ�ߣ

MMC lecture dealing with legal matters06.23.pptx

Recommended

More Related Content

Similar to MMC lecture dealing with legal matters06.23.pptx (20)

More from HelenCandy2 (9)

Recently uploaded (20)

MMC lecture dealing with legal matters06.23.pptx