3. Sources of Law in Pakistan
•The Constitution
•The Legislature
•The Judiciary
•The Executive
4. 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
5. Fundamental Rights
Rights to Life, Property, Education, Fair trial,
Information, Non-discrimination, Association,
Movement, Trade, Business, Profession etc.
Protection of Fundamental Rights?
9. 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
10. 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
11. 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
12. 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.
13. The Constitution and WAPDA
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.
14. The Constitution and WAPDA
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
15. The Constitution and WAPDA
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.
17. 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.
18. Legislative History of WAPDA /
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.
19. Legislative History of WAPDA /
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
20. Legislative History of WAPDA /
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)
21. Legislative History of WAPDA /
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)
22. Legal Framework of WAPDA
WAPDA Act, 1958
Legal Status
The Authority
Hiring powers
Rule making powers
23. Legal Framework of WAPDA
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
24. Legal Framework of WAPDA
The Authority: Appointed by the Federal Govt.
Chairman – 5-Years term
3-Members – 3-Years term
• Member (Power)
• Member (Water)
• Member (Finance)
25. Legal Framework of WAPDA
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.)
26. Legal Framework of WAPDA
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.)
27. 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
28. 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
30. 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
31. Dealing with Legal Issues
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
32. Dealing with Legal Issues
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
33. Dealing with Legal Issues
C. Contractual Matters:
Issues Solutions/Guidelines
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
34. Dealing with Legal Issues
D. Land Acquisition Matters:
Issues Solutions/Guidelines
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
35. Dealing with Legal Issues
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
36. Dealing with Legal Issues
F. Administrative Matters:
Issues Solutions/Guidelines
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
37. 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
38. Dealing with Litigation
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…..
39. Dealing with Litigation
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
