LexThe PUNJAB INFRASTRUCTURE (DEVELOPMENT & REGULATION) ACT, 2002
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND
REGULATION) ACT, 2002
(PUNJAB ACT 8 OF 2002)
(As amended upto the 15thJuly, 2025)
2025
THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND
REGULATION) ACT, 2002
CONTENTS
Preamble
Sections
CHAPTER I
PRELIMINARY
1. Short titleand commencement
2. Definitions
CHAPTER II
PRIVATE PARTICIPATION IN THE INFRASTRUCTURE PROJECTS
3. Private participation
CHAPTER III
PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
4. Establishment of the Authority
5. Composition of the Authority
6. Powers of Chairperson and Vice-Chairperson
7. Term of office and conditions of service of the Chairperson, Vice -Chairperson
and other members
8. Removal and suspension of the Chairperson, Vice-Chairperson and member
from office in certain circumstances
9. Meetings
10. Vacancies not to invalidate proceedings of the Authority
11. Officers and other employees of Authority
12. Finance, accounts and audit
13. Furnishing of returns to the Legislative Assembly
14. Functions of the Authority
15. Authority to have powers of a Civil Court
16. Proceedings before the Authority shall be deemed to be Judicial Proceedings
17. Powers of Authority to make Regulations
CHAPTER IV
PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD
18. Establishment of the Board
19. Vacancies not to invalidate proceedings of the Board
20. Functions and Powers of the Board
21. Sectoral Sub-Committee and Project Implementation Sub-Committee
22. Finance, accounts and audit of the Board
23. Officers and employees of the Board
24. Powers of the Board to make by-laws
CHAPTER-V
LEVY OF FEE AND PUNJAB INFRASTRUCTURE DEVELOPMENT
FUND
25. Levy of fee
25-A. Levy of Special Infrastructure Development fee
26. [***]
27. Constitution of the Development Fund
CHAPTER-VI
PROJECT IDENTIFICATION AND CONCESSIONAIRE SELECTION
28. Project identification and prioritisation
29. Procedure for public hearing
30. Finalisation of the scope, funding and structuring of infrastructure project
30-A. Exemption from hearing
30-AA.
31. Feasibility Report
32. Public bidding for the project
33. Pre-bid or pre-qualification stage
34. Bidding stage
35. Grant of concession
36. Negotiations of contracts
37. Unsolicited proposals
38. Development through Special Purpose Vehicles
39. Execution of Concession Agreement
CHAPTER-VII
PROJECT IMPLEMENTATION
40. Tariff
41. Assignment
42. Feasibility and viability of finalised infrastructure projects and granted
concessions
43. Termination of the Concession Agreement
CHAPTER-VIII
APPEAL AND OTHER MISCELLANCEOUS PROVISIONS
44. Appeals from the orders of Authority
45.Penalities for contravention of directions of Authority
46. Powers of State Government to make rules
47. Power to issue directions
48. Subsidy
49. Chairperson, Vice-Chairperson, members, officials and employees of the
Authority and the Board deemed to be public servants
50. [***]
51. Protection of action taken in good faith
52. Power to remove difficulties
53. Power to amend the Schedule
54. Repeal and saving
55. Over-riding effect on other laws
56. Bar of jurisdiction of civil courts
Schedule-I
Schedule-II
Schedule-III
1THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND
REGULATION) ACT, 2002
(Punjab Act No. 8 of 2002)
[Received the assent of the Governor of Punjab on the 8th day of July, 2002 and
was first published for general information in the Punjab Government Gazette
(Extraordinary), Legislative Supplement, dated the 9th July, 2002.]
1 2 3 4
Year No. Short Title Whether repealed or otherwise
affected by the legislation
2002 8 The Punjab
Infrastructure
(Development and
Regulation) Act,
2002
2Amended by Punjab Act No. 22
of 2003
Amended by Punjab Act No. 6 of
2008
Amended by Punjab Act No. 47
of 2013
Amended by Punjab Act No. 27
of 2015
Amended by Punjab Act No. 22
of 2016
Amended by Punjab Act No. 5 of
2017
Amended by Punjab Act No. 13
of 2017
Amended by Punjab Act No. 26
of 2017
Amended by Punjab Act No. 5 of
2021
3[An Act to provide for creation, development, maintenance and operation of
infrastructure and for the matters connected therewith or incidental thereto. ]
BE it enacted by the Legislature of the State of Punjab in the fifty -third Year
of the Republic of India as follows:-
1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 25th June, 2002,
page 1288.
2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 22ndSeptember,
2003, page 4098.
3Substituted by Punjab Act No. 22 of 2016, Section 2
1. (1) This Act may be called the Punjab Infrastructure (Development and
Regulation) Act, 2002.
(2) It shall come into force on such date 1 as the State Government may,
by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise, requires,-
(1) "Authority" means the Punjab Infrastructure Regulatory Authority
established under section 4;
(2) "Board" means the Punjab Infrastructure Development Board
established under section 18;
(3) "bye-laws" means the by-laws made by the Board undersection 24;
(4) "Chairperson" means the Chairperson of the Authority;
(5) "concession" includes any right or interest granted to a
concessionairein relation to any aspect of an infrastructure project, as
well as any subsidy, subvention, grant or other similar financ ial
incentive granted by the State Government to secure the viability and
commercial efficacy of an infrastructure project;
(6) "concession agreement" means any of the contracts executed for the
purposes of private participation in an infrastructure projec t between a
concessionaire and a public infrastructure agency in terms of this Act,
or the rules or regulations made thereunder as per the model specified
in Schedule-II;
(7) "concession fee" means the sum of money required to be paid by the
concessionaire to a public infrastructure agency in consideration of
grant of a concession for undertaking an infrastructure project
1This Act has come into force on the 11th July, 2002 - vide Government of Punjab, Department of Finance,
Notification No. 7/1/11/2001-5FEIV/6276, dated the 11th July, 2002.
Short title and
commencement.
Definitions.
pursuant to the provisions of this Act, rules or regulations made
thereunder;
(8) "concessionaire" means a person, who is selected and aw arded a
concession for financing, development, maintenance or operation of
an infrastructure project in terms of this Act or rules or regulations
made thereunder;
(9) "committee" means a Committee and includes a Sectoral Sub -
Committee, Project Implementati on Sub -Committee or any other
Committee called by any other name, constituted by the Board under
this Act for the purposes assigned to them;
(10) "development" includes creation of new facilities, rehabilitation ,
improvement, expansion, alteration and repl acement of existing
facilities;
(11) "Development Fund" means the Punjab Infrastructure
DevelopmentFund constituted under section 27;
(12) "disinvestment" means a sale of equity or shares held by the State
Government or a public body to any person;
(13) "fee" means a charge levied and collected for facilitating the
development, maintenance and providing of infrastructure facilities
under thisAct;
(14) "infrastructure" project" means a project in any of the infrastructure
sectors, which may involve development, maintenance or operation of
infrastructure facilities through private participation or financial
sources other than those provided by State Budget;
(15) "infrastructure sector " means an infrastructure sector specified in
Schedule 1 and shall include such other sectors as may be notified by
the State Government from time to time in this behalf;
(16) "milestone bonding" means a schedule or chart indicating the
specified time within which a work is to be completed;
(17) "negotiated contract" means a compact entered into by the State
Government in terms of section 36;
(18) "notification" means a notification published in the OfficialGazette of
the State of Punjab;
(19) "prescribed" means prescribed by the rules made under this Act;
(20) "private participation" means the participation in development,
maintenance or operation of infrastructure projects by any person
other than the State Government, public infrastructure agency or
public body as may be permitted by the Board from time to time ;
(21) "Project Management Team" means a team of 1[* * *] expert officials
of the Board;
(22) "public body" means a body either established by State Government
or working under the control of the State Government;
(23) "public infrastructure agency " means a Government Department,
Government Company, Government-owned or controlled
Corporation, Local Authority or a Public Body, which own, govern or
control infrastructure sectors or infrastructure projects;
(24) "regulations" means the regulations made by the Authority under
section 17;
1Omitted by Punjab Act No. 22 of 2003, Section 2
(25) "rules" means the rules made by the State Government undersection
46;
(26) "Schedule" means a schedule appended to this Act;
(27) "Schedule of amortisation" means a schedule of periodic payments of
interest and principal owed on a debt obligation;
(28) "section" means a section of this Act;
(29) "sectoral policy" means a policy pertaining to an infrastructure sector ;
(30) "service provider" means any agency or body other than those
constituted under the Act, which provides services to the Board;
(31) "special purpose vehicle" means any body or authority, consisting of
experts in the relevant fields as may be constituted by the Boa rd to
execute an infrastructure project;
(32) "State Government" means the Government of the State of Punj ab in
the Department of Finance;
(33) "tariff" means a toll or charge or fee, other than the fee levied under
clause (13) of section 2 and section 25, payable by the users of an
infrastructure project;
(34) "unsolicited proposal" means a proposal for the development,
maintenance or operation of an infrastructure project received from
any person without any invitation or a proposal initiated by the State
Government of the Board in terms of section 37; and
(35) "Vice-Chairperson" means the Vice-Chairperson of the Authority.
CHAPTER-II
PRIVATE PARTICIPATION IN THE
INFRASTRUCTURE PROJECTS
3. Any person may participate in the accomplishment of the infrastructure
projects in terms of the provisions of this Act:
Provided that where participation is sought by any person by participa ting in
disinvestment process, the provisions of this Act shall not apply:
Provided further that any authority or body, constituted to impleme nt such
disinvestment, may seek assistance from the Authority, Board, Comm ittee or the
Project Management Team as the case may be.
CHAPTER-III
PUNJAB INFRASTRUCTURE
REGULATORY AUTHORITY
4. (1) 1 [The State Government] shall, by notification, establish for the
purpose of this Act, an authority to be called th e Punjab Infrastructure Regulatory
Authority.
(2) The Authority shall be a body Corporate known by the aforesaid name
having perpetual succession and a common seal with power, subject to the
provisions of this Act to acquire, hold and dispose of property, both movable and
immovable and to contract and shall, by the said name, sue or be sued.
(3) The Head Office of the Authority shall be at Chandigarh or at such
place, as the State Government may notify from time to time.
1Substituted for words “within a period of three months from the date of coming into force of this Act, the State
Government” by Punjab Act No. 22 of 2003, Section 3
Private
participation.
Establishment
of the Authority.
5. 1[(1) The Authority, shall consist of a Chairperson and two other Members,
duly appointed by the State Government by notification in the Official Gazette.]
(2) The Chairperson, shall either be a retired Chief Justice or a serving or
retired Judge of the Supreme Court or a retired Chief Justice of a High Court or a
serving or retired Judge of a High Court or a serving or retired officer of the rank
and status of t he Chief Secretary of the State of Punjab or Secretary to the
Government of India.
(3)The members shall possess the qualifications specified in sub -section (5).
(4) The State Government may appoint one of the members, by
notification 2[as] Vice-Chairperson of the Authority.
(5) The members appointed under sub -section (1), shall have the
following qualifications and experience in the fields of Management of
Infrastructure Sectors or Infrastructure Projects, Law, Finance, Economics or
Commerce,-
(i) Qualifications and experience in the field of management of
infrastructure sector or infrastructure project.-Relevant
professional qualifications and a minimum experience of ten
years of working after acquiring the said qualifications in a
Government department or public sector organisation or in a
private sector organisation, having annual turnover of one
hundred crore rupees or more in any infrastructure sector in
respect of conceptualising, appraisal, development, financing or
implementation of infrastructure projects;
1Substituted by Punjab Act No. 22 of 2016, Section 3
2Substituted for words “to a” by Punjab Act No. 22 of 2003, Section 4
Composition of
the Authority.
(ii) Qualifications and experience in the field of Law .-A serving
or a retired District and Sessions Judge or a person qualified to
be a District and Sessions Judge;
(iii) Qualifications and experience in the field of Finance,
Economics or Commerce:-
Qualification:
(a) Membership of the Institute of Ch artered Accountants of India;
or
(b) Post Graduation in Economics, Commerce, Management or
Engineering.
Experience:
(a) Ten years' experience of working after acquiring the said
qualifications in a Government department or public sector
organisation or in a private sector organisation having annual
turnover of one hundred crore rupees or more; or
(b) Ten years teaching expe rience in a university or a college ,
recognised by the University Grants Commission or an institute
recognised by the All India Council of Technical Education.
(6) Before appointing any person to the Authority as a Chairperson or
Vice-Chairperson or member, as the case may be, the State Government shall
satisfy itself that the person does not have any financial o r other interes t which
may affect prejudicially his functioning as a Chairperson or Vice Chairperson or
member of the Authority.
6. (1) The Chairperson shall have powers of general superintendence and
directions in the conduct of the affairs of the Authority. The Chairperson shall,
Powers of
Chairperson and
Vice-
Chairperson.
preside over the meetings of the 1[Authority] as well as e xercise discharge the
powers and functions of the Authority vested in him in accordance with the
regulation.
2[(1-A) Where there is a provision, for appointment of sole Arbitrator by the
Government/Government agencies, in an agreement entered into between two or
more contractors, or contractor/contractors on one side and a Department, Public
Sector Undertaking, Board, Corporation, Society or Agency under the control of
the State Government on the other side, regarding the creation, development,
maintenance and operation of infrastructure related projects and for matters
connected therewith or incidental thereto of the State Government, in such a case,
the Chairperson or any member so nominated by the Chairperson shall be deemed
to be the sole Ar bitrator, under the Arbitration and Conciliation Act, 1996 (Act 26
of 1996) in disputes where the claimed amount is five crore rupees and above.
(1-B) Where there is a provision, for appointment of two or more
Arbitrators, one of them to be appointed by t he Government/ Government
agencies, in an agreement entered into between two or more contractors, or a
contractor/contractors on one side and a Department, Public Sector Undertaking,
Board, Corporation, Society or Agency under the control of the State Gove rnment
on the other side, regarding the creation, development, maintenance and operation
of infrastructure related projects and for matters connected therewith or incidental
thereto of the State Government, in such a case, the Chairperson or any member so
nominated by the Chairperson shall be deemed to be the Arbitrator required to be
appointed by the Government/Government agencies under the Arbitration and
Conciliation Act, 1996 (Act 26 of 1996) in disputes where the claimed amount is
five crore rupees and above.]
1Substituted for words and sign “Authority ,” by Punjab Act No. 22 of 2003, Section 5
2Inserted by Punjab Act No. 26 of 2017, Section 2
(2) The Vice -Chairperson shall exercise and discharge the powers and
functions of the Chairperson, in the absence of the Chairperson, in accordanc e with
the regulations.
7. (1) The Chairperson shall hold office for a term of five years from the
date on which he en ters upon his office, or until h e attains the age seventy years,
whichever is earlier.
(2) The terms of office and other conditions of service of a membe r shall
be applicable to the Vice-Chairperson.
(3) A member shall hold office for a term of five years from the da te on
which he enters upon his office of the date on which he attains the ag e of s ixty-
eight years, whichever is earlier.
(4) If a person already holding an office, is appointed as a Chairperso n or
a member, as the case may be, he shall have to resign from that office before
joining the Authority.
(5) The salary and allowances payable to, and the other term and
conditions of the Chairperson, Vice -Chairperson and other members shall be such,
as may be prescribed and the same shall not be varied to their disadvantage during
their tenure.
(6) Notwithstanding anything contained in sub -sections (1), (2) and (3),
the Chairperson or the Vice-Chairperson or a member, as the case may be, may, -
(i) relinquish his office by giving a written notice of at least three
calendar months to the State Government; or
(ii) be removed from his office in accordance with the provisions of
section 8.
Term of office
and conditions of
service of the
Chairperson,
Vice-Chairperson
and other
members.
(7) The Chair person o r the Vice Chairperson or any other member,
ceasing to hold office as such,-
(i) shall be ineligible for further employment under the State
Government; and
(ii) shall not accept any commercial employment in any
infrastructure sector orga nisation, associated with the
Government of the State of Punjab during his term in office, for
a period of two years from the date he ceases to hold such
office.
(8) A vacancy caused to the of fice of the Chairperson or Vice-
Chairperson or any other member, as the case may be, shall be filled up within a
period of three months from the date on which such vacancy occurs .
8. (1) The State Government may remove the Chairperson, Vice -
Chairperson or any member from office after complying with the provisions of
sub-section (2), if he has,-
(i) been adjudged insolvent; or
(ii) been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude; or
(iii) become physically or mentally incapable; or
(iv) acquired such financial or other interest as is likely to affect
prejudicially his functions in any of the said capacities; or
(v) so abused his position as to render his continuance in office
prejudicial to the public interest.
Removal and
suspension of the
Chairperson,
Vice-
Chairperson and
member from
office in certain
circumstances.
(2) Notwithstanding anything contained in sub sections (1), the
Chairperson or Vice -Chairperson or member, as the case may be, shall not be
removed from his office unless,-
(i) a referenc e is made by the State Government to the Chief
Justice of the High Court of Punjab and Haryana seeking an
enquiry and recommendation on the proposed r emoval of the
Chairperson or Vice -Chairperson or member along with the
grounds for the removal and material supporting such proposal;
(ii) the reference is duly enquired into by an inquiry committee
headed by a sitting or retired High Court Judge of any other
person appointed by the Chief Justice of the High Court of
Punjab and Haryana; and
(iii) the inquiry committee makes recommendation that the
Chairperson or Vice -Chairperson or member ought to be
removed on such ground or grounds.
(3) The State Government ma y suspend the Chairperson, Vice -Chairperson or
any member of the Authority in respect of whom a reference h as been made to the
Chief Justice under sub -section (2), until any recommendat ion is made by the
inquiry committee appointed by the Chief Justice.
9. (1) The Authority shall meet a t such times and places and shall follow
such procedure to transact its business in the meetings, as may b especified in the
regulations.
(2) The Chairperson or, if for an y reason he is unable to attend a meeting
of the Authority, the Vice -Chairperson, and in his absence, any othe r mem ber
chosen by the members present from amongst themselves at th e meeting, shall
preside over the meeting.
Meetings.
(3) All questions which come up bef ore any meeting shall be decided by
a majority vote of the members present and voting, and in the event of an equality
of votes, the person presiding, shall have a second or casting v ote.
10. No act or proceeding of the Authority shall be invalid merely by reason of, -
(i) any vacancy in, or any defect in the constitution of the Authority, or
(ii) any defect in the appointment of a person acting as a membe r of the
Authority, or
(iii) any irregularity in the procedure of the Authority not affecting the
merits of the case.
11. (1) The Authority may appoint officers and such other employees, as it
considers necessary for the efficient discharge of its functions under this Act
(2) The salary and allowances payable to and the other conditions of
service of the officers and employees of the Authority appointed under sub section
(1), shall be such as may be determined by regulations.
12. (1) After the Authority is established by the State Government, the
Authority shall open an acc ount in any nationalized bank or a bank authorize d by
the Reserve Bank of India to carry out the banking business. The followin g may be
credited to the Account, namely:-
(i) contribution received from the State Government;
(ii) grants received by the Authority; and
(iii) any other sum received by the Authority from any sour ces including
fees fixed by the Authority under the regulati ons for the proceedings
before the Authority.
Vacancies not to
invalidate
proceedings of
the Authority.
Officers and
other
employees of
the Authority.
Finance, accounts
and audit.
(2) The Account shall vest in and b e administered by the Authority,which
will apply the same to mee t the various expenses of the Authority, including the
salaries, allowances and administrative expenses defrayed for purposes authorised
by this Act.
(3) The Authority shall cause its books and accounts to be maintained,
and its annual accounts to be prepared in the form prescribed by the State
Government in consultation with the Accountant General, Punjab .
(4) The annual accounts of the Authority shall be audited by the
Accountant General, Punjab and any expenditure incurred in connect ion with such
audit, shall be payable by the Authority.
(5) The Accountant General, Punjab and any other person appointed by
him in connection with the audit of the accounts of the Authority, shall have the
same rights and privileges as the Accountant Gene ral, Punjab generally has in
connection with the audit of the State Government accounts and, in particular, the
rights to demand production of the relevant books, accounts, supporting vouchers
and other documents and papers of the Authority, for inspection .
(6) The accounts of Authority as certified by the Accountant General,
Punjab or any other person appointed by him in this behalf along with the audit
report with respect thereto , shall be forwa rded annually to the State Govern ment,
which shall cause the same to be laid before the State Legislative Assembly.
13. (1) The Authority shall prepare an annual report every year giving a
summary of its activities done during the previous year in such form and at such
place, as may be prescribed and copies of the report shall be forwarded to the State
Government for laying them before the legislative Assembly.
(2) The Authority shall furnish to the State Legislative Assembly, at such
time and in such form and manner as may be prescribed or required by the State
Legislative Assembly, the returns, statements and particulars in regard to any
Furnishing of
returns to the
Legislative
Assembly.
proposed or existing programme for the promotion and development of the
infrastructure sector.
14. (1) The Authority shall discharge the following functions, namely:-
(i) to aid and advise the State Government in the formul ation of
appropriate policy or guidelines relating to tarrif;
(ii) to conduct the public hearing regarding the approval of
proposed infrastructure projects in terms of section 30.
(iii) to determine, modify or vary the tariff on the basis of the
concessions granted to the concessionaires and the interest of
the consumer;
(iv) to regulate the working of the concessionaire and promote
efficient, economical and equitable performance, including
laying down standards of perfor mance of the concessionaire in
regard to the service to the consumer;
(v) to adjudicate upon appeal preferred to it against an order passed
by the Board or the State Government related to the approval of
an infrastructure project or the award of a concession;
(vi) to adjudicate upon disputes inter se two or more
Concessionaires, operators of infrastructure projects, the State
Government and the Board; and
1[(vii) to adjudicate upon, as an Arbitrator, the disputes inter -se
between two or more contractors, or a contractor /contractors on
one side and a Department, Public Sector Undertaking, Board,
Corporation, Society or Agency under the control of the State
Government on the other side, regarding the creation,
1Added by Punjab Act No. 26 of 2017, Section 3
Functions of
the Authority.
development, maintenance and operation of infrastructure
related projects and for matters connected therewith or
incidental thereto of the State Government under the Arbitration
and Conciliation Act, 1996 (Act 26 of 1996), where the claimed
amount is five crore rupees and above:]
Provided that the Authority shall no t discharge any of the aforesaid
functions or any other such functions in respect of which The Punjab Stat e
Electricity Regulatory Commission established under sub -section (1) of section 17
of the Electricity Regulatory Commissions Act, 1998 (Act 14 of 199 8), is
empowered to discharge.
(2) The Authority shall always act consistent with the objectives and
purposes for which it has been established.
(3) Orders passed by the Authority in exercise of its powers under this
Act, shall be final and binding on all concerned and shall be executable as a decree.
15. (1) The Authority, in conduct of all proceedings before it and in exercis e
of its powers under this Act, will be guided by the principles of natural justice.
(2) The Authority shall have, the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, in respect of,-
(i) summoning and enforcing the attendance of any person and
examining him on oath;
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavits;
(iv) issuing commissions for the examin ation of witnesses on
documents;
(v) reviewing its decisions;
Authority to
have powers of
a Civil Court.
(vi) dismissing an application for default or decidin g it ex parte.
setting aside any order of dismissal or any application for
default or any order passed by it ex parte; and
(vii) any other matters as the Authority may specify by regulations.
16. (1) All proceedings before the Authority shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code, 1860, and the Authority shall be deemed to be a 'Civil Court’ for the
purposes of section 195 and Chap ter XXVI of the Code of Criminal Procedure,
1973.
(2) Every proceeding be fore the Au thority shall be completed with in a
period of ninety days of its commencement, except where the time period is
extended by the Authority for the reasons to be recorded i n writing.
17. (1) The Authority may make regulations for the proper performance of its
functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing
power and of ma tters specifically provided for in this Act, such regulations may
provide for all or any of the following matters, namely: -
(i) Specifying procedure to transact business in the meetings under
section9;
(ii) Determining of salaries, allowances and other conditions of
service of the officers and other employees of the Authority
under sub-section (2) of section 11; and
(iii) Fixing of sums received by the Authority under clause (iii) of
subsection (1) of section 12.
Proceedings
before the
Authority shall
be deemed to be
Judicial
Proceedings.
Power of
Authority to
make
Regulations.
CHAPTER-IV
PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD
18. (1) With effect from such date, as the State Government may by
notification appoint, there shall be established a Board for the purposes of this Act
to be called the Punjab Infrastructure Development Board:
Provided that till the Board is constituted under this Act, the Board already
established u nder section 3 of the Punjab Infrastructure Development Act, 1998
(Punjab Act No. 1 of 1999) shall be deemed to have been constituted under th is
section.
(2) The Board established under sub -section (1) shall consist of a
1[Chairman, Vice-Chairman] and the following, namely:-
(a) The Chief Minister of Punjab; : Chairman
2[(aa) ***]
(b) The Minister of Finance of Punjab ; : Vice Chairman
(c) The Chief Secretary to Government : Member
of Punjab;
(d) The Principal Secretary to Government : Member
of Punjab, Department of Finance; Secretary cum-
Convernor
(e) Principal Secretary to the Chief Minister : Member
of Punjab ;
(f) Managing Director of Board; : Member
(g) Three technical experts to be nominated : Member
by the State Government; 3[**]
1Substituted for words “Chairman, Co-Chairman, Vice-Chairman” by Punjab Act No.13 of 2017, Section 2
2Omitted by Punjab Act No. 13 of 2017, Section 2
3Omitted by Punjab Act No. 22 of 2003, Section 6
Establishment
of the Board.
1[(h) The Minister-in-charge of the concerned:Special Invitee
Administrative Department;and
(i) The Administrative Secretary of the : Special
concerned Department. Invitee]
(3) The Board may constitute an Executive Committee to aid and assist
the Board in the discharge of its functions.
(4) The Executive Committee shall consist of the following, namely,-
(a) The Chief Secretary to Government of Punjab; Chairman
(b) The Principal Secretary to Government of Punjab, Department of
Finance;
(c) Principal Secretary to the Chief Minister of Punjab;
(d) Managing, Director of the Board – Convenor; and
(e) Any one other 2[person] to be nominated by the Board.
(5) The Ad ministrative Secretary of the concerned Administrative
Departrnent shall be the special invitee to the Executive Committee.
(6) In addition to the above, the Board may appoint from time to time
such Sectoral Sub -Committees and Infrastructure Project Implementation Sub -
Committees in terms of section 21, as may be considered necessary for carrying
out the purposes of this Act.3[***]
(7) The Board shall meet at such time and place and shall observe such
procedure to transact its business in the meetings as may be specified by bye-laws.
1Substituted by Punjab Act No. 22 of 2003, Section 6
2Substituted for word “member” Punjab Act No. 22 of 2003, Section 6
3Omitted by Punjab Act No. 22 of 2003, Section 6
19. (1) No act or proceeding of the Board shall be invalid merely by reason of,-
(i) any vacancy in, or any defect in the constitution of the Board; or
1[(ii) any defect in the appointment of a person acting as a Chairman or Vice -
Chairman or member of the Board; or]
(iii) any irregularity in the procedure of the Board not affect ing the
merits of the case.
20. (1) Subject to the limitations specified in sub section (3), the Board shall
be the apex body in the State of Punjab for overall planning for development of
infrastructure sectors and infrastructure projects.
(2) The Board shall:-
(i) act as a nodal agency to co -ordinate all efforts of the State
Government regarding the development of the infrastructure
sectors, involving private participation and funding from
sources other than those provided by State budget and will,-
(a) identify infrastructure projects for 2[private participation];
(b) promote competitiveness and progressively involve
private participation while ensuring fair deal to the
consumers;
(c) identify bottlenecks in the infrastructure sectors and
recommend to the State Government, policy initiatives to
rectify the same;
(d) select, prioritise and determine sequencing of
infrastructure projects;
1Substituted by Punjab Act No. 13 of 2017, Section 3
2Substituted for word “privatization” Punjab Act No. 22 of 2003, Section 7
Vacancies
not to
invalidate
proceedings
of the Board.
Functions
and Powers
of the Board.
(e) formulate clear and transparent policies related to the
infrastructure sectors so as to ensure that project risks
are clearly identified and allocated between the
stakeholders; and
(f) identify the sectoral concessions to be offered to
concessionaires to attract private participation and
secure availability of viable inf rastructure facilities to
the consumers;
(ii) prepare internally or through external consultants or service
providers engaged for the purpose, all necessary documents
including the bid or tender documents, draft contracts
including the various contractual arrangements and incentives
to be offered by the State Government;
(iii) create a Fund to be known as Punjab Infrastructure Initiative
Fund, which shall vest in the Board to carry out the pre -
feasibility and feasibility studies and the preparing of reports
for the proposed infrastructure projects, along with the
collection of t he relevant data. The Punjab Infrastructure
Initiative Fund will have contributions from the Development
Fund, budgetary resources of State Government, public bodies
and multilateral lending agencies and financial institutions;
(iv) assist public infrastr ucture agencies and concessionaires in
obtaining statutory and other approvals;
(v) recommend the grant of concessions to a public infrastructure
agency in accordance with the provisions of this Act, the rules
and the made thereunder;
(vi) assist in de termining the level and structuring of investments
of the State Government and public bodies into infrastructure
projects with private participation including holding the
investment or part thereof;
(vii) create special purpose vehicles for implementing infrastructure
projects in terms of section 38 in co -ordination with the State
Government or public infrastructure agencies; and
(viii) manage and administer the Development Fund and the Punjab
Infrastructure Initiative Fund.
1[(3) ***]
(4) In order to carry out its functions consistent with the provisions of this
Act, the Board shall have the powers to do all or any of the following, namely: -
(i) acquire, hold, develop or construct such property, both
movable and immovable, as the Board may deem necessary
for the performance of any of its activities related to the
development of infrastructure sectors o r infrastructure projects;
(ii) advise or recommend to the State Government acquisition of
land under the Land Acquisition Act, 1894 for the purp oses of
infrastructure projects;
(iii) lease, sell, exchange, or otherwise make allotments of the
property referred to in clause (i) to concessionaire and to
modify or rescind allotment, including the right and power to
evict the allottees concerned on b reach of any of the terms or
conditions of such allotment;
1Omitted by Punjab Act No. 13 of 2017, Section 4
(iv) borrow and raise money in such manner as the Board may
think fit and to secure the repayment of any money borrowed,
raised or owing by mortgage, charge, standard security, lien or
other secu rity upon the whole or any part of the Board's
property or assets (whether present or future), and also by a
similar mortgage, charge, standard security, lien or security to
secure and guarantee the performance by the Board of any
obligation or liability, it may have undertaken or which may
become binding on it;
(v) constitute a Project Management Team and one or more
Advisory Committee or Committees or Sectoral Sub -
Committee or Project Implementation Sub -Committee, or
engage suitable service providers or advisors or consultants to
advise the Board for the efficient discharge of its functions;
(vi) enter into and perform all su ch contracts as it may think
necessary or expedient for performing any of its functions; and
(vii) do such other things and per form such other acts as it may
think necessary or expedient for the proper conduct of its
functions and for carrying into effect the purposes of this Act.
21. (1) Such Sectoral Sub -Committee or Project Implementation Sub -
Committee or Committees may be constituted by the Board from time to time to
assist the Board in carrying out its functions, as may be considered ne cessary for
the purposes of the Act.
(2) For th e effective association, consultation and participation of a
public infrastructure agency in the decision making of the Board, the Sectoral
SubCommittee or Project Implementation Sub -Committee will comprise of
Sectoral Sub-
Committee and
Project
Implementation
Sub-Committee.
members of the Project Management Team and rep resentatives from the concerned
public infrastructure agency.
(3) The constitution, functioning and powers of the Sectoral Sub -
Committee or Project Implementation Sub -Committee will be as per the bye -laws
made by the Board.
1[(4) The Sectoral Sub -Committee, the Project Implementation Committee
or any other Committee called by any other name, constituted by the Board under
this Act, will be subordinate to the Board and will carry the functions delegated to
them by the Board.]
(5) Each Sectoral Sub-Committee will be concerned, in particular, with,-
(a) the formulation, review change and implementation of the
sectoral policies for private participatio n in the infrastructure
sector;
(b) the conduct of feasibility study and preparation of feasibil ity
report; and
(c) formulating the Sectoral packages of finan cial incentives and
concessions.
(6) Each Project Implementation Sub -Committee will be concerned
particular,2[with-]
(a) providing proposals to the 3[Board or any other C ommittee as
may be specified in this behalf by the Board] for taking decision
on project identification and priority;
(b) finalising the scope and structuring of infrastructure projects;
1Substituted Punjab Act No. 22 of 2003, Section 8
2Substituted for word “with.” Punjab Act No. 22 of 2003, Section 8
3Substituted for word “Board” Punjab Act No. 22 of 2003, Section 8
(c) pre-bidding and bidding procedures;
(d) selection of concessionaire and re commending grant of
concession; and
(e) implementing, supervising and monitoring of projects.
22. (1) Subject to the rules, estimates of annual income and expenditure of
the Board for the ensuing financial year, shall be got prepared by the Member
Secretary of the Board and shall be submitted to the Board for its approval.
(2) An annual statement of acc rued income and expenditure of the Board
shall be got prepared by the Member Secretary -cum-Convenor and after obtaining
approval of the Board, the same shall be sent to the State Government
forinformation, within period of three months from the date of clo sure of the
concerned financial year.
(3) The custody, application and operation of the Development Fund,
including borrowing and investment shall be carried out by the Board in
accordance with the bye-laws.
(4) The accounts of the Board shall be aud ited by the Local Fund
Examiner, Punjab.
23. (1) The Board shall have a Managing Director to be appointed by the
State government to assist the Board in its day to day functioning.
(2) The Board may, with the approval of the State Government, create
such other posts and appoint such officers and other employees thereon, as it may
consider necessary for the efficient discharge of its functions.
(3) The conditions of service of officer s and other employees referred to
in subsections (1) and (2) and their functions and duties shall be such, as may be
specified in the bye-laws.
Finance,
accounts and
audit of the
Board.
Officers and
employees
of the Board.
(4) The Managing Director sha ll exercise the powers of super vision over
all the officers and other employees of the Board.
1[(5) A contract,after it is sanctioned by the competent authority, shall be
signed by the Managing Director, on behalf of the Board:
Provided that where the sanctioning authority of any contract or class
of contracts is the Managing Director, such contracts may be signed on behalf of
the Board by the Managing Director himself or by any other officer duly
authorized by him in this behalf.]
24. (1) The Board may, with the prior approval of the State Government,
make byelaws for the proper performance of its functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such bye-laws may provide for the following matters, namely :-
(i) the constitution, functioning and powers of the Sectoral Sub -
Committee, Project Implementation Sub -Committee under sub -
section (3) of Section 21;
(ii) the custody, application and operation of the Development
Fund including, borrowing and investment under sub -section (3)
of section 22;
(iii) the duties of the M anaging Director , officers and employees of
the Board and their conditions of service under section 23;
(iv) conduct of the meeting of the Board, the time and place at
which such meetings shall be held, the procedure to be followed
in the transaction of business under sub-section (7) of section 18;
and
1Substituted by Punjab Act No. 22 of 2016, Section 4
Powers of
the Board to
make bye-
laws.
(v) any other matter in relation to which bye -laws are required to be
or may be made.
CHAPTER V
LEVY OF FEE AND PUNJAB INFRASTRUCTURE
DEVELOPMENT FUND
1[25. (1) With effect from the date of coming into force of this Act, and subject
to the provisions of this Chapter, every person shall be liable to pay a fee levied
under this Act on the sale or purchase of the goods specified i n Schedule Excerpt shown. Open the full act in Lexace.