DETAILED TORS OF THE LEGAL EXPERT/CONSULTANT
Back Ground
The Environmental Protection Agency (EPA) Khyber Pakhtunkhwa desires to procure/hire the
services of a Law professional/ Practicing Lawyer/legal expert/consultant possessing LLB from
any HEC recognized institute having 10 year experience in Lower and High Court level,
preferably having LLM in the field of environmental Law. He must have considerable
experience and knowledge in vetting and drafting of Environmental Law, Rules and regulation,
Rule of Business International convention, Agreement, MoUs, and sovereign Guarantee. He
should have good knowledge of legal trails/ matters.
Objective
Under the 18th constitutional amendment the concurrent list has been abolished and further interalia, with regard to the subject of “Environment and ecology” has been devolved to the Province.
Before the 18th Constitutional amendment, all the set-up for Environment Protection is working
under the power of PEPA-1997, which is basically, is a federal Act. EPA Khyber Pakhtunkhwa
is under taking the task of proposing amendments in the existing Pakistan Environmental
Protection Act 1997 and preparing new rules and regulations under the provincial environmental
protection bill 2014 already placed before the Provincial Assembly which may hopefully be
approved/enacted within a month period.
Scope of work:
Desk review of the environmental Laws, rules, regulations and guide lines at the provincial,
national and International level.
Draft/formulate new rules/regulations, guide lines, under various sections of the vetted provincial
environmental Protection bill 2014.
Review and propose amendments in the existing rules regulations, guidelines under the Pakistan
environmental Protection act that are to be re-issued under the provincial environmental
protection bill 2014.
Coordination with the law department through meetings/consultation/discussion for vetting and
approval of the new Rules and regulations to be framed under the new provincial environmental
protection bill.
A critical review of the existing process of prosecution by the EPA, its comparison with
prosecution process in other Provinces in Pakistan and propose recommendation for the effective
implementation of the Provincial Environmental Protection Bill 2014 through prosecution.
Development of workable Performa, to impart training to the field staff of the agency for
reporting offences under the Act as per the Criminal Procedure Code and Civil Procedure Code
Qanoun-e-Shahadat etc.
Development of a Compendium of Environmental Laws, Rules Regulations of the Four
Provinces, Azad Jammu Kashmir and International Environmental Laws. The compendium
should include all the decisions/authorities of the contested/tried cases in the province of Khyber
Pakhtunkhwa and other provinces and Provision of 50 hard copies and one soft copy, both the
above.
Propose amendments in the existing Environmental suits filed by EPA Khyber Pakhtunkhwa in
the Environmental Tribunal/High Court and comparative study of the cases filed by other
provinces in their respective tribunals high courts.
QUALIFICATION AND EXPERIENCE OF THE LEGAL EXPERT:
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He/she shall have obtained LLB from a recognized institute dually approved by
Higher Education Commission of Pakistan. LLM in the field of Environmental
legislation/law/rules and regulation shall be preferred as additional qualification.
He/she should be a practicing lawyer of High Court and possessing License of the
level.
He should have at least 10 years of experience in dealing with the criminal offences at
the magistrate, session court and high court level.
He preferably may have previous experience of drafting Environmental law, Rules,
and Regulations under the National / Provincial environmental laws.
TIME PERIOD AND MODE OF PAYMENT:
The services of legal consultant will be hired for maximum of 100 man days (@ Rs. 5000/day)
over a period of 6 months duration from the date of signing contract. The maximum amount to
be paid to the legal consultant for the assignment is Pak rupees 500,000/-. Monthly payment
shall be made to the consultant on work done basis for man days.
The expert/consultant must be available during the contractual period and discuss findings,
recommendations and proposal on regular basis with the Direction General, EPA-Khyber
Pakhtunkhwa and other officers of the agency. In the instance case the KPPRA rules and the
existing government taxation rules shall be applicable. The amount mentioned above is inclusive
of taxes.
The full and final findings/recommendations are expected to be presented no later than 7th of
June 2014 after the signing of the contract. A draft findings/report should be presented at least
two weeks earlier to the so it can be reviewed by the Environmental Protection Agency, Govt. of
Khyber Pakhtunkhwa. The consultant/expert will meet with EPA’s officials on a regular basis
and present a progress report and discuss findings and work program on weekly and monthly
basis.