Bui Power Authority (Amendment) Act, 2020 (ACT 1046)
This section establishes the Bui Power Authority as a body corporate and gives it corporate powers.
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- Act 1046
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Statute overview
About this statute
This section establishes the Bui Power Authority as a body corporate and gives it corporate powers. The Authority’s governing body is a Board made up of the chairperson, the chief executive officer, and five other members. The President appoints the chairperson and the other members, subject to section 3 and article 70 of the Constitution. Board members (except the chief executive officer) serve for up to four years, cannot be appointed for more than two consecutive terms, may resign in writing, and vacancies are handled by the Minister and President. The Board must meet at least every three months, and the chairperson must call special meetings when at least one third of members request one in writing. A board member with an interest in a matter must disclose that interest in writing and must not take part in the Board’s deliberations on that matter.
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Provisions of Bui Power Authority (Amendment) Act, 2020 (ACT 1046)
Showing 31 of 31
- 1 Verify source ↗
Establishment of the Authority
AI-assisted research summary: This section establishes the Bui Power Authority as a body corporate and gives it corporate powers.
Section 1—Establishment of the Authority (1) There is by this Act established an authority to be known as the Bui Power Authority charged with the functions specified in this Act. (2) The Authority is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Authority may acquire and dispose of movable and immovable property and enter into a contract and any other transaction. - 2 Verify source ↗
Governing body of the Authority
AI-assisted research summary: The Authority’s governing body is a Board made up of the chairperson, the chief executive officer, and five other members. The President appoints the chairperson and the other members, subject to section 3 and article 70 of the Constitution.
Section 2—The governing body of the Authority (1) The governing body of the Authority is a Board consisting of (a) the chairperson, (b) the chief executive officer appointed under section 9, and (c) five other members, 4 (i) one of whom is a person who has experience in financial matters, (ii) one of whom is an engineer conversant with the operations of a power utility, (iii) one of whom is appointed to represent major consumers of the electrical power generated by virtue of the dam, and (iv) one of whom is a woman. (2) Subject to section 3, the chairperson and the other members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. - 3 Verify source ↗
Tenure of office of members
AI-assisted research summary: Board members (except the chief executive officer) serve for up to four years, cannot be appointed for more than two consecutive terms, may resign in writing, and vacancies are handled by the Minister and President.
Section 3—Tenure of office of members (1) A member of the Board, other than the chief executive officer, shall hold office for a period not exceeding four years and is eligible for re-appointment, but a member shall not be appointed for more than two consecutive terms. (2) A member of the Board may at any time resign from office in writing addressed to the President through the Minister. (3) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (4) The President may by letter addressed to a member revoke the appointment of that member. (5) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (6) Where there is a vacancy (a) under subsection (2), (3), (4) or subsection (2) of section 5, or (b) under subsection (5), or (c) because of the death of a member, the Minister shall notify the President of the vacancy, and the President shall in accordance with article 70 of the Constitution appoint a person to fill the vacancy.Referenced legislation
- Constitution (unresolved)
- 4 Verify source ↗
Meetings of the Board
AI-assisted research summary: The Board must meet at least every three months, and the chairperson must call special meetings when at least one third of members request one in writing.
Section 4—Meetings of the Board (1) The Board shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one third of the membership of the Board convene an extra-ordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is four members of the Board or a greater number determined by the Board in respect of an important matter. (4) The chairperson shall preside at the meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. 5 (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting. (7) The proceedings of the Board shall not be invalidated because of a vacancy among the members or a defect in the appointment or qualification of a member. (8) Subject to this section, the Board may determine the procedure for its meetings. - 5 Verify source ↗
Disclosure of interest
AI-assisted research summary: A board member with an interest in a matter must disclose that interest in writing and must not take part in the Board’s deliberations on that matter.
Section 5—Disclosure of interest (1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature of that interest and is disqualified from partipating[sic] in the deliberations of the Board in respect of that matter. (2) A member who contravenes subsection (1) ceases to be a member. - 6 Verify source ↗
Establishment of Committees
AI-assisted research summary: The Board may create committees made up of Board members, non-members, or both.
Section 6—Establishment of committees The Board may establish committees consisting of members of the Board or non-members or both (a) to perform a function of the Board determined by the Board, and (b) to advise the Board on a matter referred to the committee. - 7 Verify source ↗
Allowances
AI-assisted research summary: Board members and committee members are to be paid allowances approved by the Minister, after consulting the Minister responsible for Finance.
Section 7—Allowances Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance. - 8 Verify source ↗
Policy directives
AI-assisted research summary: The Minister may issue written policy directives to the Authority if they are consistent with this Act, and the Board must comply.
Section 8—Policy directives of the Minister The Minister may give policy directives in writing not inconsistent with a provision of this Act to the Authority and the Board shall comply. - 9 Verify source ↗
Chief executive
AI-assisted research summary: The Authority must have a chief executive officer, who is appointed by the Board and works full time under the Board’s general policy control.
Section 9—Chief executive officer (1) The Authority shall have a chief executive officer. (2) The chief executive officer shall be appointed by the Board and shall hold office on the terms and conditions determined by the Board. (3) The chief executive officer is a full time officer of the Authority. (4) Subject to the general control of the Board on matters of policy, the chief executive officer is charged with the direction of the business of the Authority and with its administration and organisation. - 10 Verify source ↗
Employees of the Authority Functions of the Authority
AI-assisted research summary: The Authority must employ the staff and other employees it needs to perform its functions.
Section 10—Employees of the Authority The Authority shall employ the staff and any other employees as are necessary for the performance of its functions, on the terms and conditions determined by the Board. Functions of the Authority 6 - 11 Verify source ↗
Objects and functions of the Authority
AI-assisted research summary: The Authority must plan and run the Bui hydroelectric power project, and may carry out related activities and operate lake transport services.
Section 11—Objects and functions of the Authority (1) The Authority shall plan, execute and manage the Bui hydroelectric power project which comprises (a) the generation of electrical power for general industrial and domestic use, and the operation of the dam and the hydroelectric generating station in the vicinity of Bui, (b) the construction of a transmission system for the evacuation of the electrical power generated at the dam to the national electricity grid, (c) the supply of the electrical power generated at the dam to (i) a public utility licensed under the Energy Commission Act, 1997 (Act 541) responsible for the transmission or distribution of electrical power to the public, (ii) the township of Bui and its environs, and (iii) any other consumer in Ghana or elsewhere under an arrangement agreed on between the Government, the Authority and a consumer, [As substituted by the Bui Power Authority (Amendment) Act, 2020 (Act 1046), s. 2(a)] (d) the provision of facilities and assistance for the use of the lake so created by the construction of the dam for multipurpose uses. (1A) The Authority shall, in accordance with the Renewable Energy Act, 2011 (Act 832) (a) execute, on behalf of the State, renewable energy projects assigned to the Authority by the Minister; (b) manage, on behalf of the State, the assets in the renewable energy sector assigned to the Authority by the Minister; and (c) undertake renewable energy activities and any other clean energy alternative activities for the purpose of generating electric power. [As inserted by the Bui Power Authority (Amendment) Act, 2020 (Act 1046), s. 2(b)] (2) The Authority may (a) carry on an activity which is reasonably required, or assigned to the Authority by the Minister, or in connection with the performance of the functions of the Authority under this Act; [As substituted by the Bui Power Authority (Amendment) Act, 2020 (Act 1046), s. 2(c)] (b) own, maintain and operate vessels or craft of any description for the purpose of transporting goods and passengers along the lake and may charge fares for those services.Referenced legislation
- Energy Commission Act, 1997 (Act 541) (resolved)
- Bui Power Authority (Amendment) Act, 2020 (Act 1046), (resolved)
- Bui Power Authority (Amendment) Act, 2020 (Act 1046), (resolved)
- Bui Power Authority (Amendment) Act, 2020 (Act 1046), (resolved)
- Renewable Energy Act, 2011 (Act 832) (unresolved)
- 12 Verify source ↗
Flow of water and flooding
AI-assisted research summary: The Authority must control lake water levels and flow to avoid dam damage and downstream flooding, and the Board must take reasonable measures to warn of possible flooding.
Section 12—Flow of water and flooding (1) The Authority shall control, (a) the level of water in the lake to prevent the overtopping or breaching of the dam by flood to ensure that the safety of the dam and its structures are not jeopardized, and (b) the flow of water in the lake to prevent flooding downstream from the dam above the levels which were normal proceeding the construction of the dam. 7 (2) The Board shall take reasonable measures to give warning of possible flooding from the lake or from the Black Volta River downstream from the dam. - 13 Verify source ↗
Powers in relation to transmission system
AI-assisted research summary: The Authority may enter land and do related works for the transmission system, and the Board may post notice if the owner cannot be found.
Section 13—Powers in relation to transmission system (1) For the purposes of constructing the transmission system referred to in paragraph (b) of subsection (1) of section 11, or of preventing damage or obstruction to the systems, the Authority may (a) enter on any lands for the purpose of constructing any works, or of examining, repairing, altering, or may remain there for a reasonable time and execute and do the things that the Board considers necessary, (b) survey and take levels of the lands or part of the lands, and do any other acts or things which the nature of the works may require. (2) Where an owner of the lands cannot, after reasonable enquiry be found, the Board shall cause not less than one week's notice in writing of the intention to enter the lands for the purposes of this Act, to be posted in a conspicuous place on the lands so proposed to be entered; and after the expiration of that time the Board may exercise its powers as if notice had been served on the owner of the lands. (3) The Authority may, without giving notice enter on any lands for the purpose of inspecting, repairing, or altering any works whether wholly or in part constructed. (4) In the exercise of the powers conferred under this section the Board, the employees, the agents and workmen of the Authority shall do as little damage as possible; and, where the surface of a road or street has been disturbed, the Authority shall, as far as practicable, restore it to its former condition. (5) A person who has an estate or interest in a land injuriously affected by the exercise of the powers conferred by subsection (1) is entitled to compensation to be settled, awarded and paid in accordance, as nearly as may be, with the provisions relating to compensation which are contained in the State Property and Contracts Act, 1960 (C.A. 6). (6) For the purpose of this section, "owner" includes an occupier; "works" includes the erection of electrical plants, works and equipment.Referenced legislation
- State Property and Contracts Act, 1960 (C.A. 6). (unresolved)
- 14 Verify source ↗
Health safeguards
AI-assisted research summary: The Board must take reasonable measures, working with the Minister responsible for Health and relevant District Assemblies, to protect health and safety.
Section 14—Health safeguards The Board shall take reasonable measures in co-operation with the Minister responsible for Health, and with the relevant District Assemblies, to safeguard the health and safety of its employees and persons engaged on the construction of works referred to in section 11, their families and dependents, the inhabitants of Bui township and its environs. - 15 Verify source ↗
Research and records
AI-assisted research summary: The Board must maintain and preserve records connected to the Authority’s functions, and it may research, help others research, and publish those records and research results.
Section 15—Research and records The Board shall, with a view to facilitating present or future research or planning, maintain and preserve the records relating to the functions of the Authority as the Board considers proper, and may engage in research and assist others to engage in research, in respect of a matter 8 relating to those functions and may publish the records and the results of a research in which it may engage. - 16 Verify source ↗
Co-operation with other public authorities Finance
AI-assisted research summary: The Board must cooperate with government departments, agencies, and other public authorities when carrying out the Authority’s functions.
Section 16—Co-operation with other public authorities In the performance of the functions of the Authority, the Board shall co-operate with Government departments and agencies and any other public authorities. Finance - 17 Verify source ↗
Authority to operate on commercial lines
AI-assisted research summary: The Board and the Authority must run the Authority on commercial lines, keep revenues above properly chargeable outgoings, charge certain costs to revenue account, create a reserve fund, and set electricity charges to support compliance with the section.
Section 17—Authority to operate on commercial lines (1) The Board shall conduct the affairs of the Authority on sound commercial lines, and in particular, perform its functions under this Act as to ensure that, taking one year with another, the revenues of the Authority are greater than its outgoings properly chargeable to revenue account. (2) The Authority shall charge to revenue account the charges which, in the normal conduct of a business, are proper to be charged to revenue account, including proper provision for depreciation of assets or for renewal of assets, and in addition the interests on borrowings, repayments to be made each year in respect of loans incurred by the Authority to the extent that the repayments exceed provision of depreciation, and proper allocations to reserve. (3) Without prejudice to the power of the Authority to establish appropriate reserves for replacements or any other purposes, the Authority shall establish a reserve fund and out of its profits make payments to the fund for the purpose of expanding its activities. (4) The Board shall determine charges for the supply of electrical power so as to ensure that it is able to comply with the requirements of this section. - 18 Verify source ↗
Borrowing powers
AI-assisted research summary: The Authority may borrow money it needs, subject to article 181 of the Constitution and on terms and currencies agreed with the lender.
Section 18—Borrowing powers The Authority may, in accordance with article 181 of the Constitution, borrow the sums of money that it requires, on the terms and in the currencies that may be agreed between it and the lender, for the performance of its functions under this Act. - 19 Verify source ↗
Funds of the Authority
AI-assisted research summary: The Authority’s funds come from Parliament-approved money, Board-set fees or charges, loans, revenue from banks, donations, grants, gifts, and other Parliament-approved money. Received funds must be deposited into a bank account approved by the Authority, and each payment from the funds must be signed by the chief executive and a Board-designated officer.
Section 19—Funds of the Authority (1) The Funds of the Authority include (a) money approved by Parliament, (b) a fee or charge determined by the Board in consultation with the Minister and the Minister responsible for Finance, (c) loans granted to the Authority by the Government or by any other person or body, (d) revenue accruing from banks, (e) donations, grants and gifts, and (f) any other moneys that are approved by Parliament. (2) Funds received by or on behalf of the Authority shall be deposited by the appropriate person or authority to the credit of the Authority in an account in a bank approved by the Authority. 9 (3) Each payment from the Funds shall be signed by the (a) chief executive, and (b) the officer responsible for financial matters designated by the Board. - 20 Verify source ↗
Re-imbursement to the Authority
AI-assisted research summary: The Republic must pay the Authority the net cost of certain measures under section 14, if the need for those measures is not attributable to the creation of the lake or to other activities of the Authority.
Section 20—Re-imbursement to the Authority The Republic shall pay the Authority the net cost of the measures undertaken by the Authority under section 14 the necessity for which is not attributable to the creation of the lake or any other activities of the Authority. - 21 Verify source ↗
Accounts and audit Acquisition of land and resettlement measures 2
AI-assisted research summary: The Board must keep proper accounting records, submit the accounts for audit within three months after the financial year ends, and the Auditor-General must audit them and send the audit report to Parliament within three months of receiving the accounts.
Section 21—Accounts and audit (1) The Board shall keep proper books of accounts and records in relation to them in the form approved by the Auditor-General. (2) The Board shall submit the accounts of the Authority to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and submit a copy of the audit report to Parliament. (4) The financial year of the Authority is the same as the financial year of the Government. Acquisition of land and resettlement measures - 22 Verify source ↗
Filling of the lake and acquisition of land
AI-assisted research summary: The Authority must operate the dam to fill the lake, and the President must arrange acquisition of certain lands connected to flooding, resettlement, township development, and the Authority’s functions.
Section 22—Filling of the lake and acquisition of land (1) The Authority shall, on the completion of the dam and power station, so operate the dam as to cause the lake to fill by the accumulation of water in the upstream of the dam. (2) Subject to article 20 of the Constitution, the President shall cause to be acquired lands which, in the opinion of the Board, (a) may be required to be inundated by the filling of the lake together with any other land not extending beyond two kilometres from the shores of the lake at its maximum fill, (b) may be required for the development of the Bui township, (c) may be required for the use of persons being resettled as a result of the inundation of their lands by the filling of the lake, (d) are necessary to acquire for the proper performance of the functions of the Authority. (3) The lands acquired under paragraphs (a), (b) and (d) of subsection (2) shall immediately after their acquisition vest in the Authority without a further assurance than this subsection, free from any encumbrances, and the Authority may sell, transfer, exchange, let, demise or otherwise dispose of all or any of them to or with a person, and on the terms that the Board considers necessary for the proper performance of the functions of the Authority. (4) Despite any other enactment under which the lands were acquired, the lands falling under both or either of the descriptions set out in paragraphs (b) and (d) of subsection (2), which are lands which have been acquired before the commencement of this Act and vested in the 10 President immediately before the commencement are hereby vested in the Authority and are subject to the powers conferred on the Authority by subsection (3). (5) Lands acquired under paragraph (c) of subsection (2) may be transferred, exchanged, let, demised or otherwise disposed of by the President to or with a person whether or not that person is included among the persons being resettled and on the terms that are necessary for the promotion of the well being of the resettlement areas and the inhabitants of those areas. (6) Legal proceedings do not lie against the Authority as a result of the inundation of lands caused by the filling of the lake. - 23 Verify source ↗
Compensation
AI-assisted research summary: For land acquired under section 22(2), the land-acquisition rules in the State Lands Act 1962 apply, subject to article 20 of the Constitution.
Section 23—Compensation Subject to article 20 of the Constitution, the provisions of the State Lands Act, 1962 (Act 125) relating to the acquisition of land shall apply to the lands acquired under subsection (2) of section 22.Referenced legislation
- State Lands Act, 1962 (Act 125) (resolved)
- 24 Verify source ↗
Resettlement measures
AI-assisted research summary: The Government must help resettle people from land that may be flooded or is needed by the Authority, and the Minister must try to prevent undue hardship or loss of basic public amenities from the resettlement.
Section 24—Resettlement measures The Government shall take reasonable measures to assist in the resettlement of the people inhabiting lands liable to be inundated and lands adjacent to those lands which are needed by the Authority for the performance of its functions, and the Minister shall ensure that so far as is practicable, a person does not suffer undue hardship or is deprived of necessary public amenities, as a result of the resettlement. - 25 Verify source ↗
Defraying expenses incurred Miscellaneous
AI-assisted research summary: The Republic must pay the expenses incurred under sections 22, 23, and 24.
Section 25—Defraying expenses incurred The expenses incurred in pursuance of sections 22, 23, and 24 shall be defrayed by the Republic. Miscellaneous - 26 Verify source ↗
Annual and other reports
AI-assisted research summary: The Board must send an annual report to the Minister within one month after receiving the audit report, and the Minister must then send that report to Parliament within one month after receiving it.
Section 26—Annual and other reports (1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Authority for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other reports, which the Minister may require in writing. - 27 Verify source ↗
Regulations
AI-assisted research summary: The Authority may make regulations about the lake, water abstraction, trespass, vehicle movement, licensing, forms, fees, and penalties.
Section 27—Regulations (1) The Authority may, by legislative instrument, make Regulations (a) prohibiting, restricting or regulating the use of the lake and the lakeside area; (b) prohibiting, restricting or regulating the abstraction of water from the Black Volta River or the lake, otherwise than for the purpose of obtaining water for domestic use in a village, town or house situated within the catchment's area of the Black Volta River; 11 (c) imposing penalties on persons trespassing on land in the ownership or possession of the Authority; (d) prohibiting, restricting or regulating the movement of motor or any other vehicular traffic on or in the vicinity of the dam; (e) for the better performance of the Authority's functions under section 11; and (f) generally for the purpose of enabling the better performance by the Authority of its functions. (2) The Regulations may in addition to the penalties which can be imposed by virtue of section 9 of the Statutory Instruments Act, 1959 (No. 52), impose in the case of continuous offences, an appropriate fine for each day during which the offence continues. (3) In lieu of prohibiting, restricting or regulating an activity, the Regulations may regulate that activity under a licence to be granted by the Board. (4) The Regulations may prescribe the forms to be used and the fees to be paid for the licences. (5) Proceedings for offences against the Regulations shall not be instituted except by the Attorney-General or by the Authority with the consent of the Attorney-General.Referenced legislation
- Statutory Instruments Act, 1959 (No. 52), (unresolved)
- 28 Verify source ↗
Protection of officers
AI-assisted research summary: An officer or employee of the Authority, and a person acting on their directions, is protected from personal civil liability for bona fide acts done to carry out this Act.
Section 28—Protection of officers A matter or thing done by an officer or employee of the Authority shall not subject that officer or employee or a person acting by the directions of that officer or employee personally, to a civil liability where that matter or thing is done bona fide for the purpose of executing a provision of this Act. - 29 Verify source ↗
Financial agreements
AI-assisted research summary: The President may, in writing and if it is considered necessary in the public interest, enter into agreements to guarantee Board obligations or to arrange Government loans to the Board.
Section 29—Financial agreements (1) Subject of article 181 of the Constitution, the President may, in writing, as the President considers it necessary in the public interest, (a) enter into agreements providing for the guarantee of an obligation undertaken by the Board, and (b) enter into agreements providing for loans by the Government to the Board. (2) Moneys payable under an agreement referred to in subsection (1) are charged on the Consolidated Fund. - 30 Verify source ↗
Interpretation
AI-assisted research summary: This section defines terms used in the Act and says the Authority’s officers are public officers for two criminal statutes.
Section 30—Interpretation (1) In this Act, unless the context otherwise requires, "abstract" includes divert, or by any other means cause to flow; "Authority" means the Bui Authority established by section 1; "Board" means the governing body of the Authority; "Bui township" means the area of land acquired for the development of the Bui township; 12 "chief executive officer" means the Chief Executive Officer of the Authority, appointed under section 9; "citizen" means a citizen of Ghana; "clean energy alternatives" includes nuclear energy; [As inserted by the Bui Power Authority (Amendment) Act, 2020 (Act 1046), s. 3] "functions" includes powers and duties; "lake" means the lake created as a result of the construction of the dam, as the waters of the lake extend from time to time, including the islands in the lake; "lakeside area" means any of the lands referred to in paragraph (a) of subsection (2) of section 22 as are not for the time being comprised in the lake; "member" means a member of the Board; "Minister" means the Minister responsible for Energy; "Regulations" means the Regulations made under this Act; "supply" in relation to electrical power includes maintaining potential, whether or not the power so supplied is taken. (2) For the purposes of the Rivers Act, 1903, and any other enactment, the lake is not a river, and section 10 of the Rivers Act shall not apply to any part of the Black Volta River upstream of the lake. (3) Officers of the Authority are public officers for the purposes of the Criminal Offences Act, 1960 (Act 29) and the Criminal and other Offences (Procedure) Act, 1960 (Act 30).Referenced legislation
- Rivers Act, 1903 (unresolved)
- Criminal Offences Act, 1960 (Act 29) (unresolved)
- Criminal and other Offences (Procedure) Act, 1960 (Act 30). (unresolved)
- Bui Power Authority (Amendment) Act, 2020 (Act 1046), (resolved)
- 31 Verify source ↗
Section 31
AI-assisted research summary: This section amends Act 46 by removing the words “the Black Volta” from the definition of “River Volta” in section 38.
Section 31—Amendments to Act 46 The Volta River Development Act, 1961 (Act 46) is amended by the deletion of the words "the Black Volta" in the definition of the words "River Volta" in section 38 of that Act. Date of Gazette Notification: 3rd August, 2007.Referenced legislation
- Volta River Development Act, 1961 (Act 46) (unresolved)
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Bui Power Authority (Amendment) Act, 2020 (ACT 1046)
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