Proposed privatisation of power sector entities.

ISLAMABAD   -  To avert any possible protest from the employees due to proposed privatisation of the power sector entities and to ensure uninterrupted generation, transmission and distribution of electricity, the federal government has implemented Essential Services Act in Discos, Gencos and NTDC.  ‘’In exercise of the powers, the federal government is pleased to declare all Pakistan power sector entities as essential services,’’ said a notification issued by the Interior Division here.

‘’Whereas the federal government is of the opinion that employment under all Pakistan power sector entities including Distribution Companies (DISCOs), Generation Companies (GENCOs) and National Transmission and Dispatch Company (NTDC), Ministry of Energy Power Division of Pakistan is essential in order to ensure uninterrupted operation of the organization,’’ said the notification.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Pakistan Essential Services (Maintenance) Act, 1952 (LIII of 1952), the federal government is pleased to declare all Pakistan power sector entities including Distribution Companies (DISCOs), Generation Companies (GENCOs) and National Transmission and Dispatch Company (NTDC), Ministry of Energy Power Division of Pakistan as essential services for a period of six months w.e.f 26-07-2024. Pakistan Essential Services (Maintenance) Act, 1952 places restrictions on union activities within the power sector entities including DISCOs, NTDC, and GENCOs. Last month, the federal government approved the privatisation of power distribution companies in phases. In first phase, three Discos including IESCO, FESCO and GEPCO will be privatised. A declaration under sub-section (1) shall remain in force for a period of six months which the [federal government] may, by notification in the official Gazette, extend for further periods not exceeding six months.

In respect of any employment under the [federal government] and in respect of any employment or class of employment [declared] under section 3 to be an employment or class of employment to which this Act applies, the [federal government], or an officer authorized’ in this behalf by that government may, by general or special order, direct that any person or persons engaged in such employment shall not depart out of such area or areas as may be specified in such order.

Any person engaged in any employment or class of employment to which this Act applies who(a) disobeys any lawful order given in the course of such employment, or attempts to persuade any person to disobey any such order to, or (b) without reasonable excuse abandons such employment or absents himself from work [or refuses to work or to continue to work, whether or not acting in combination with, or under a common understanding or, any other person engaged in such employment], or (c) departs from any area specified in an order under sub-section (1) of section 4 without the consent of the authority making that order, and any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment or class of employment to which this Act applies, who without reasonable excuse(i) discontinues the employment of such person.

The penalties and procedure under the act include that any person found guilty of an offence under this Act shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to a fine. Where the person accused of an offence under this Act is a company or other body corporate, every director, manager, secretary or other officer thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence, be liable to the punishment provided for the offence.  No court shall take cognizance of any offence under this Act except upon complaint in writing made by a servant of any Government in Pakistan authorised in this behalf by the [federal government)].  Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), an offence under this Act shall be cognizable.