(1) Save as otherwise provided in this Act, the Punjab Infrastructure Development Act, 1998 (Punjab Act. No.1 of 1999), shall stand repealed consequent upon the commencement of this Act:
Provided that such repeal shall not affect,- 1Omitted by Punjab Act No. 22 of 2003, Section 22 Protection of action taken in good faith.
Power to remove difficulties.
Power to amend the Schedule.
Repeal and saving.
(a) the previous operation of the Act so repealed or any rules or regulations made there under or anything duly done or suffered thereunder; or
(b) any obligation or liability accrued or incurred under the Act so repealed or any rules or regulations made thereunder.
55. Save as otherwise provided in this Act, the provisions of this Act, or rules or regulations or bye-laws made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in other law, enacted by the State Legislature and for the time being in force in the State of Punjab.
56. No order passed or action taken under this Act, rules or regulations made thereunder, shall be subject to challenge except as provided in this Act and no civil court shall have jurisdiction in respect of any matter, which the Authority or the Board is empowered to decide and adjudicate upon.
Bar of jurisdiction of civil courts.
Over-riding effect on other laws.
Schedule I Infrastructure Sectors [See section 2 (15) ]
1. Information Technology related projects.
2. Transportation-Roads, bridges, road transport and related areas, for the benefit of public including agricultural community.
3. Urban infrastructure including,-
(i) water supply;
(ii) sewerage disposal and treatment;
(iii) urban roads and street lighting;
(iv) solid waste management;
(v) parks; and
(vi) urban mass transit system;
4. Industrial estates, Industrial parks, Modern Industrial Townships and Special Economic Zones.
5. Irrigation infrastructure.
6. Other agricultural infrastructure, including post-harvest facilities like warehousing facilities and cold chains, and marketing infrastructure for agricultural produce.
7. Super-specialty health care facilities and Medical Research and Treatment facilities.
8. Tourism related facilities and infrastructure.
9. Power sector including power generation and transmission infrastructure.
10. Infrastructure for giving boost to technical education.
Scheduled II Models of Contracts [See section 2 (6)]
(a) Build Operate and Transfer (BOT) shall mean a contractual arrangement whereby the Concessionaire undertakes the construction, including financing, of a given infrastructure facility, and the operation and maintenance thereof. The Concessionaire operates the facility over a fixed term during which it is allowed to charge facility users appropriate tolls, fees, rentals, and charges not exceeding these proposed in its bid or as investment, and operating and maintenance expenses in the project. The Concessionaire transfers the facility to the Government Agency or Local Government unit concerned at the end of the fixed terms which shall not exceed thirty years.
(b) Build-Own-Operate-and-Transfer (BOOT) shall mean a project based on the granting of a Concession by a Principal (the Union of Government or a local authority) to the Concessionaire, who is responsible for the construction, financing, operation and maintenance of a facility over the period of the Concession before finally transferring the facility, at no cost to the Principal, a fully operational facility. During the concession period the Promoter owns and operates the facility and collects revenue in order to repay the financing and investment costs, maintain and operate the facility and make a margin of profit.
(c) Build-and-Transfer (BT) shall mean a contractual arrangement whereby the Concessionaire undertakes the financing and construction of a given infrastructure or development facility and after it completion turns it over to the Government agency or Local Government unit concerned, which shall pay the proponent on an agreed Schedule its total investments expended on the project plus a reasonable rate of return thereon. This arrangement may be employed in the construction of any infrastructure or development project, including critical facilities which, for security or strategic reasons, must be operated directly by the Government.
(d) Build-Own-and-Operate (BOO) shall mean a contractual arrangement whereby a Concessionaire is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users.
(e) Build-Lease-and-Transfer (BLT) shall mean a contractual arrangement whereby a Concessionaire is authorized to finance and construct an infrastructure or development facility and upon its completion turns it over to the government agency or local government unit concerned on a lease arrangement for a fixed period after which ownership of the facility is automatically transferred to the government agency or local government unit concerned.
(f) Build-Transfer-and-Operate (BTO) shall mean a contractual arrangement whereby the public sector contracts out the building of an infrastructure facility to a private entity such that the concessionaire builds the facility on a turn-key basis, assuming cost overrun, delay and specified performance risks. Once the facility is commissioned satisfactorily, title is transferred to the implementing agency. The private entity however, operates the facility on behalf of the implementing agency under an agreement.
(g) Contract-Add-and-Operate (CAO) shall mean a contractual arrangement whereby the concessionaire adds to an existing infrastructure facilitywhich it is renting from the government. It operates the expanded project over an agreed franchise period. There may, or may not be, a transfer arrangement in regard to the facility.
(h) Develop operate and Transfer (DOT) shall mean a contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits the investment creates such as higher property or rent values.
(i) Lease Management Agreement An agreement whereby the State Government, the Government Agency or the specified Agency leases a project owned by the State Government, the Government Agency or, as the case may be, the specified Government Agency to the person who is permitted to operate and maintain the project for the period specified in the agreement.
(j) Management Agreement An agreement whereby the State Government, the government Agency or the specified Government Agency entrusts the operation and management of the project to a person for the period specified in the agreement on payment of specified consideration. In such agreement, the State Government agency may charge the user fee and collect the same either itself or entrust the collection for consideration to any person who shall after collecting the user fees pay the same to the State Government, the Government Agency or, as the case may be, the specified Government Agency.
(k) Rehabilitate-Operate-and-Transfer (ROT) shall mean contractual arrangement whereby an existing facility is turned over to the private sector to refurbish, operate and maintain for a franchise period, at the expiry of which the legal title to the facility is turned over to the Government. The term is also used to describe the purchase of an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country.
(l) RehabilitateOwn-and-Operate (ROO) shall mean a contractual arrangement whereby an existing facility is turned over to the private sector to refurbish and operate with no time limitation imposed on ownership. As long as the operator is not in violation of its franchise, it can continue to operate the facility in perpetuity.
(m) Service Contract Agreement shall mean and agreement whereby a person undertakes to perform the service for the State Government for the specified period. The State government shall pay him an amount according to the agreed Schedule.
(n) Supply, Operate and Transfer Agreement shall mean an agreement whereby a person supply to the State Government equipment and machinery for a project and undertakes to operate the project for a period and consideration specified in the agreement. During the operation of the project, he shall undertake to train the employees of the State Government to operate the project.
Schedule III Articles subject to levy of fee under the Act [See section 25] Serial No.
Description of articles and goods Circumstances and stage under and at which the fee is to be levied under this Act 1[** ******* *******] 2 Petrol First stage of sale in accordance with the Department of Excise and Taxation, Punjab, Notification No.
S.O. 13/P.A.46/48/S.5/99, dated 15th February, 1999.
3 Diesel First stage of sale in accordance with the Department of Excise and Taxation, Punjab, Notification No.
S.O. 13/P.A.46/48/S.5/99, dated 15th February, 1999.
1Omitted by Punjab Act No. 5 of 2017, Section 173