Chapter IV PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD

1. (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 under section 3 of the Punjab Infrastructure Development Act, 1998 (Punjab Act No.1 of 1999) shall be deemed to have been constituted under this section.
2. (2) The Board established under sub-section (1), shall consist of a Chairman, Vice-Chairman and the following, namely:-
   • (a) The Chief Minister of Punjab … Chairman (aa)11 Omitted 12
   • (b) The Minister of Finance of Punjab ... Vice Chairman
   • (c) The Chief Secretary to Government of Punjab ... Member
   • (d) The Principal Secretary to Government of ... Member SecretaryPunjab, Department of Finance cum-Convenor
   • (e) Principal Secretary to the Chief Minister of Punjab … Member
   • (f) Managing Director of Board … Member
   • (g) Three technical experts to be nominated by … Member the State Government13,14,15, 16, 17 11 As amended vide notification no.38-Leg./2013 dated 23.05.2013 (Punjab Ordinance No.1 of 2013) and thereafter vide notification no.58-Leg./2013 dated 11.12.2013 (Punjab Act No.47 of 2013) 12 Omitted vide notification no.17-Leg./2017 dated 27.07.2017 (Punjab Act No.13 of 2017) 13 As amended vide notification no.10(7)29/02-5FE-4/7066 dated 19.08.2002 14 As amended vide notification no.31-Leg./2003 dated 03.11.2003 15 As amended vide notification no. 10(7)29/02-5FE-4/5962 dated 27.08.2004 16 As amended vide notification no. 10(7)29/02-5FE-4/3384 dated 15.05.2006 17 As amended vide notification no. 10(7)29/02-5FE-4/450 dated 01.10.2009
   • (h) The Minister-in-charge of the concerned Administrative Department 14; and … Special Invitee
     • (i) The Administrative Secretary of the concerned Administrative Department14. … Special Invitee
3. (3) The Board may constitute an Executive Committee to aid and assist the Board in the discharge of its functions.
4. (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 person18 to be nominated by the Board. 19
5. (5) The Administrative Secretary of the concerned Administrative Department shall be the special invitee to the Executive Committee20.
6. (6) In addition to the above, the Board may appoint from time to time such Sectoral SubCommittees and Infrastructure Project Implementation Sub-Committees in terms of section 21, as may be considered necessary for carrying out the purposes of this Act18.
7. (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.

18 As amended vide notification no.31-Leg./2003 dated 03.11.2003 19 As per the decision taken by the Punjab Council of Ministers in its meeting dated 10.10.2007 and ratified by EC in its meeting dated 24.10.2007 & by the Board in its meeting dated 22.05.2008, Financial Commissioner (Revenue) has been appointed as the member of EC 20 As per the decision taken by the Punjab Council of Ministers in its meeting dated 10.10.2007 and ratified by EC in its meeting dated 24.10.2007 & by the Board in its meeting dated 22.05.2008, following have been appointed as Permanent

Special Invitees:-

1. (i) Principal Secretary/ Secretary-Planning
2. (ii) Principal Secretary/ Secretary-Housing & Urban Development
3. (iii) Principal Secretary/ Secretary-Local Government
4. (i) any vacancy in, or any defect in the constitution of the Board; or (ii) any defect in the appointment of a person acting as a Chairman 21,22 or Vice-

Functions and Powers of the Board

1. (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. (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 private participation19;
   • (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;
   • (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 infrastructure 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 the relevant data. The Punjab Infrastructure Initiative Fund will have 21 As amended vide notification no.38-Leg./2013 dated 23.05.2013 (Punjab Ordinance No.1 of 2013) and thereafter vide notification no.58-Leg./2013 dated 11.12.2013 (Punjab Act No.47 of 2013) contributions from the Development Fund, budgetary resources of State Government, public bodies and multilateral lending agencies and financial institutions;
     • (iv) assist public infrastructure 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 regulations made there under;
     • (vi) assist in determining 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.
3. (3) Omitted 23.
4. (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 or infrastructure projects;
   • (ii) advise or recommend to the State Government acquisition of land under the Land Acquisition Act, 1894 for the purposes 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 allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of such allotment;
   • (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 security 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 SubCommittee, 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 such contracts as it may think necessary or expedient for performing any of its functions; and
   • (vii) do such other things and perform 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.

1. (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 necessary for the purposes of the Act.
2. (2) For the effective association, consultation and participation of a public infrastructure agency in the decision making of the Board, the Sectoral Sub-Committee or Project Implementation Sub-Committee will comprise of members of the Project Management Team and representatives from the concerned public infrastructure agency.
3. (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.
4. (4) The Sectoral Sub-Committee, the Project Implementation Committee or any other Committee called by 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 Board24.
5. (5) Each Sectoral Sub-Committee will be concerned, in particular, with:-
   • (a) the formulation, review, change and implementation of the sectoral policies for private participation in the infrastructure sector,
   • (b) the conduct of feasibility study and preparation of feasibility report; and
   • (c) formulating the sectoral packages of financial incentives and concessions.
6. (6) Each Project Implementation Sub-Committee will be concerned, in particular, with - 24 As substituted vide notification no.31-Leg./2003 dated 03.11.2003
   • (a) providing proposals to the –Board or any other Committee as may be specified in this behalf by the Board21 for taking decision on project identification and priority,
   • (b) finalising the scope and structuring of infrastructure projects,
   • (c) pre-bidding and bidding procedures,
   • (d) selection of concessionaire and recommending grant of concession, and
   • (e) implementing, supervising and monitoring of projects.

1. (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. (3) An annual statement of accrued 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 for information, within a period of three months from the date of closure of the concerned financial year.
3. (4) 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. (5) The accounts of the Board shall be audited by the Local Fund Examiner, Punjab.

1. (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. (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. (3) The conditions of service of officers and other employees referred to in sub-sections (1) and (2) and their functions and duties shall be such, as may be specified in the bye-laws.
4. (4) The Managing Director shall exercise the powers of supervision over all the officers and other employees of the Board.
5. (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.25

1. (1) The Board may, with the prior approval of the State Government, make bye-laws for the proper performance of its functions under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such byelaws 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 Managing Director, officers and employees of the Board and their conditions of service under section 23;
   • (iv) conduct of the meetings 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
   • (v) any other matters in relation to which bye-laws are required to be or may be made. 25 As amended vide notification no.39-Leg./2015 dated 09.12.2015 & notification no.26-Leg./2016 dated 04.07.2016