Punjab act 026 of 2017 : The Punjab Infrastructure (Development and Regulation) Second Amendment Act, 2017. (Punjab Act No.26 of 2017)

29 Dec 2017
Department
  • Department of Finance

PUNJAB GOV'T, GAZ, (EXTRA) DEC

VUELCTEME

(PAUSA 8, 1939 SAKA) UR 29,2017

ayy

— eee

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGIS] ATIVE

NOTIFICATION

The 29th December, 20.17

AVFAIRS, PUNJAB

No. 36-Leg. Theat ' sanjab neve et rhe following Act of the Legislature of the State of unjab received the assent of the Governor of Punjab on the 15th day of December, 2017, is hereby published for general information:-

THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND

REGULATION) SECOND AMENDMENT ACT, 2017

(Punjab Act No.26 of 2017)

AN

ACT

further to amend the Punjab Infrastructure (Development and Regulation) Act, 2002.

. BE it enacted by the Legislature of the State of Punjab in the Sixty-

eighth Year of the Republic of India as follows:-

1. (1) This Act may be called the Punjab Infrastructure (Development

and Regulation) Second Amendment Act, 2017.

(2) Itshall come into force on and with effect from the date of its publication in the Official Gazette.

In the Punjab Infrastructure ( (hereinafter referred to as the principal Act), in sec (1), the following sub-sections shall

be inserted, namely:-

"(1-A) Where there is 4 provision, for appointment of sole

an agreement

Arbitrator by the Government/Government agenci

entered into between two or mo re contractors, OF contractor/con tractors

on one side and a Departmen t, Public Sector Undertak

ing, Boards

Corporation, Society or

Agency under the control

of the State Governmen

on the other side, regarding the creat ion, development, maintenance a Operation of infrastructure related project s and for matt on

therewith or incidental

thereto of the State

Government, 1 such

a case,

the Chairperson or any

member so nominated

by the

be deemed to be the sole Arbitrator, u nder the Arbitration and

Development and Regulat

ion) Act, 2002

tion 6, after sub-section

es, in

ters connect

ed

Chairperson s

hall

Conciliation

—— TTL Tt

PART | ee,

Short title and

commencement.

Amendment in

section 6 of

Punjab Act 8 of

1

PUNJAB GOVT. GAZ, (EXTRA), DECEMBER 29 201 ZM R 29, 2017

(PAUSA 8, 1939 SAKA)

240)

Act, 1996 (Act 26 of 1996) in disputes where the claimed slaimec crore rupees and above.

amount is five

(1-B) Where there is a provision, for appoi

= Aviator , !or appointment of two or

more Arbitrators, one of them to be appointed by the G a e Government agencies, In an agreement entered 7 cen more contractors into

between two or , OF 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, 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. ".

In the principal Act, in section 14, in sub-

section (1),-

(i) at the end of clause (v), the wo rd "and" shall be omitted; and

(ii) in clause (vi), for the sign ".

" the sign and word substituted and thereafter, the following clause shall b the proviso, namely:-

"(vii) to adjudicate upon, as an Arbitrator, the disput es inter-se

between two or more contra ct

on one side and a Depar tment, Pu

Board, Corporation,

Society or

the State Government on the other side, regar ding the creation,

development, main

tenance and oper

ation of infrastruc

ture

related projects a

nd for matters co

nnected therewith

or

hereto of the

State Governmen

t under the

1996 (Act 26 of

1996), where

bove :".

blic Sector Undertak ing,

incidental t

Arbitration and Conci liation Act,

the claimed amoun

t is five crore

rupees and a

VIVEK PURI,

Government of Punjab, Secretary t

O

; islative Affa irs.

Department of Legal and Leg 1406/12-2017/Pb. Govt. Press, SAS. Nagar

". and" shall be e added before ors, or a contractor/con tractors,

Agency under the co ntrol of

Amendment in

section 14 of

Punjab Act I4 of

2