R
— Vv Jurther to amend the Punjab
PUNJAB GOVT. GAZ (EXTRA). JULY 4. 2016 79
(ASAR 13, 1938 SAKA)
PART 1
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
NOTIFICATION
The 4th July, 2016 No. 26-Leg./2016. Punjab received the ass 2016, is hereby publish ~The following Act of the Legislature of the State of ent of the Governor of Punjab on the Ist day of July, ed for general information:-
THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND REGULATION) (AMENDMENT) ACT, 2016.
(Punjab Act No. 22 of 2016)
AN
ACT
Infrastructure (Development and Regulation) Act, 2002. Be it enacted by the Legislature of the State of P unjab in the Sixty- seventh Year of the Republic of India as follows :-
1. (17) This Act may be called the Punjab Infi and Regulation) (Amendment) Act, 2016.
(2) It shall come into force on publication in the Official Gazette. 'astructure (Development Short title and commencement,
and with effect from the date of its
2. In the Punjab Infrastructure (Develo pment and Regulation) Act, Substitution of 2002 (hereinafter referred to as the principal Act), for the existing preamble, Preamble of
. :
:
Punjab Act 8 of the following preamble shall be substituted, namely:-
2002.
"to provide for creation, develo and operation of infrastructure ith or incidental thereto."
3. Inthe principal Act, in section 5, for sub sub-section shall be substituted, namely:-
"(1) The Authority, shall consist of a Chai duly appointed by the State Governm Gazette.",
4. Inthe principal Act, in section 23, for sub-section (3), the following sub-section shall be substituted, namely:- "(5) A contract, after it js sanctione be signed by the Managing Dj
pment, maintenance
and for the matters connected therew
-section (7), the following Amendment in
section 5 of
A Punjab Act 8 of person and two other Members, mg ak ent by notification in the Official
Amendment jn
section 23 of
2002. rector, on behalf of the Board:
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PUNJAB GOVT. GAZ. (LXTRA)L JULY 1.20106 80
(ASAR 13.1938 SAKA)
N
n
.
Provided that where the sanctioning authority ol 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."
In the principal Act, in section 28, for sub-section (4), the following sub-sections shall be substituted, namely:-
(3)
(7)
Where the State Government decides not to take up an infrastructure project out of its own funds or it fails to decide in this regard within the period as specified in sub-section (3), then such project shall automatically revert back to the Board.
Upon receipt of the projects referred to in sub-section (4), the Board, shall decide as to whether a public private partnership project, is to be executed completely on private participation basis and partly out of development fund or totally funding the same out of the development fund and thereafter the Board, in due consultation with the Project Management Team or the Sectoral Sub-Committee, as the case may be, shall,-
(i) publish the notice containing details of the infrastructure project. in the leading newspapers, inviting objections and suggestions;
(ii) assist the Authority in conducting public hearing on objections and suggestions received to finalize the scope of the infrastructure project;
(iii) notify infrastructure project inviting bids or placement of request for proposal;
(iv) conduct pre-bid processes;
(v) conduct evaluation of bids; and
(vi) conduct negotiations and recommend the grant of concession by the Board.
The Board, may take up any engineering, procurement, construction projects or such projects, which do not involve private participation and can be taken up by it out of the development fund or partly out
of the development fund and partly from the funds made available by the State Government or any other source (including Centrally or State sponsored Schemes), as the case may be. The Board may assign the work of conceptualization, identification, execution and monitoring of any urban or rural infrastructure project, to the district level Urban Infrastructure Committee or the Rural Amendment in
section 28 of
Punjab Act 8 of
2002.
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PUNJAB GOV. GAZ. (1X | RA) JULY 4, 20106 8) (ASAR 13, 1938 SAKA) Infrastructure Committee, as the case may be, duly constituted by the State Government by notification in the Official Gazette, from time to time. The Board, shall release (he [unds directly to the Deputy Commissioner concerned, for execution of suc, final projects so recommended by (he sai Committees",
6. Inthe principal Act, alter section 30-A, the following section shall be inserted, namely:- |
"30-AA. The State Government may for the reasons to be recorded in writing, exempt any project or class of projects, from public hearing, if the same involves larger public interest."
7. Inthe principal Act, in section 32, in sub-section (7), the words and sign "once every week for three consecutive weeks," shall be omitted.
8. Inthe principal Act, in section 43, for sub-section (1), the following sub-section shall be substituted, namely :-
"(1) In case the public infrastructure agency considers that it is
"necessary to terminate any concession, it may terminate the same strictly in accordance with the provisions of the Concession Agreement signed between the parties by passing a speaking order in this behalf, after affording reasonable opportunity of being heard, to such concessionaire. If such concessionaire feels aggrieved of any such terminations order, he may file an appeal before the Authority, in this behalf stating the reasons, for setting aside of such order.".
9. (1) The Punjab Infrastructure (Development and Regulation) (Second Amendment) Ordinance, 2015(Punjab Ordinance No. 8 of 2015), is hereby repealed.
. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (/), shall be deemed to have been done or taken under this Act.
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1047/07-2016/Pb. Govt. Press, S.A.S. Nagar Insertion of new
section after
section 30-A of
Punjab Act 8 of
T2002.
Amendment in section 32 of Punjab Act 8 of
2002.
Amendment in section 43 of Punjab Act 8 of
2002.
Repeal and Saving.
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