MMC lecture dealing with legal matters06.23.pptx

Dealing with legal matters

1. Dealing with Legal Matters

2. What is LAW? Lets Acknowledge Wisdom

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?

6. The Legislature Parliamentary System Majlis-i-Shoora The National Assembly The Senate The Provincial Assemblies

7. The Judiciary The Supreme Court The High Courts

8. The Executive Administrative Law OR Delegated Legislation Administrative Tribunals / Courts

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.

16. Legal Framework WAPDA DISCOs GENCOs NTDC

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: T o 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 Manage d by Board of Directors through Memorandum of Association – External Management Articles of Association – Internal Management E & D Rules Employees Management

29. Dealing with Legal Issues / Litigation

30. Dealing with Legal Issues Nature of Legal Issues / Management Solutions / Guidelines: Service / Employment Matters Labour Matters Contractual Matters Land Acquisition Matters Criminal Matters 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: Analyse nature of the case Liaison with the Law Officer, if any. Referring the case to Law Division / Legal Cell for engagement of Lawyer Liaison with the engaged lawyer Contd..

38. Dealing with Litigation Preparation of factual comments and timely submission to the lawyer Proper follow-up of the case Feed back to the Law Division / Legal Cell Timely collection of certified copies of the Judgment Contd …..

39. Dealing with Litigation Timely sending the decision to Law Division / Legal Cell for opinion Follow up your case in Law Division / Legal Cell Preparation to challenge the decision, OR to implement the Judgment

40. WISHING YOU ALL A BRIGHT & PROSPEROUS FUTURE! Thanks.