Chapter VIII APPEAL AND OTHER MISCELLANEOUS PROVISIONS

Any person aggrieved by any decision or order of the Authority, may file an appeal to the High Court of Punjab & Haryana within a period of sixty days from the date of communication of the decision or order of the Authority to him.

1. (1) If a person violates the directions44 of the Authority, such person shall be punishable with fine, which may extend to twenty-five thousand rupees and in case of second or subsequent offence, with fine, which may extend to fifty thousand rupees. In case of continuing contravention; with an additional fine, which may extend to five hundred rupees for each day during which such contravention continues after the first offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manger, secretary or other officer of the company, such 43 As amended vide notification no.39-Leg./2015 dated 09.12.2015 & notification no.26-Leg./2016 dated 04.07.2016 44 As amended vide notification no.31-Leg./2003 dated 03.11.2003 director, manager, secretary or other officer, as the case may be, shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment specified in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. Explanation — For the purpose of this section
   • (a) “company” means any body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power and the matters specifically provided for in this Act, such rules may provide for all or any of the following matters, namely:-
   • (i) prescribing the salary and allowances payable to, and the other terms and conditions of service of the Chairperson, Vice-Chairperson and other members under sub-section (5) of section 7;
   • (ii) prescribing the form and place for preparing the annual report under sub-section
3. (1) of section 13;
   • (iii) prescribing the form and manner of furnishing returns, statements and particulars under sub-section (2) of section 13;
   • (iv) prescribing the manner for assessing, re-assessing, collecting and enforcing payment of fee under sub-section (3) of section 25; and45
   • (v) prescribing the manner for maintaining the accounts and submitting the returns under sub-section (4) of section 25.
4. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session, for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rules, or the House agrees, 45 As substituted vide notification no.31-Leg./2003 dated 03.11.2003 that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

The State Government shall have the power to issue policy directions to the Authority and Board on matters concerning the infrastructure sectors and the infrastructure projects in the State.

Subsidy

The State Government shall issue guidelines concerning the subsidies to be allowed to a class of consumers for providing services or for utilizing facilities of an infrastructure project or infrastructure sector.

The Chairperson, Vice-Chairperson, members, officers and other employees of the Authority and the Board, when acting or purporting to act in pursuance of any of the provisions of this Act, the rules and regulations made there under, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (Act No. 45 of 1860).

⁵⁰ Omitted 46

46

No suit, prosecution or other legal proceedings shall lie against the State Government or the Authority or any officer of the State Government or the Chairperson, ViceChairperson, any member, officer or other employee of the Authority or the Board for anything, which is done or intended to be done in good faith under this Act and rules or regulations made there under.

46 Omitted vide notification no.31-Leg./2003 dated 03.11.2003

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty; Provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
2. (2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the Legislative Assembly.

The State Government may, by notification in the Official Gazette amend any Schedule.

1. (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,-
   • (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.

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.