Bare Act
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
Infrastructure200259 of 56 sections available8 chapters
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
4. Establishment of the Authority3
Statutory text
- (1) The State Government4 shall, by notification, establish for the purpose of this Act, an authority to be called the Punjab Infrastructure Regulatory Authority.
- (2) The Authority shall be a body Corporate known by the aforesaid name having perpetual succession and a common seal with power, subject to the provisions of this Act to acquire, hold and dispose of property, both movable and immovable and to contract and shall, by the said name, sue or be sued.
- (3) The Head Office of the Authority shall be at Chandigarh5 or at such place, as the State Government may notify from time to time.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
5. Composition of the Authority.
Statutory text
- (1) The Authority shall consist of a Chairperson and two other Members duly appointed by the State Government by notification in the Official Gazette6. 3 Established vide notification no.1/5/70/2009-5FE4/470 dated 07.10.2009 4 As amended vide notification no.31-Leg./2003 dated 03.11.2003 5 Directed vide notification no.1/5/70/2009-5FE4/475 dated 08.10.2009 6 As amended vide notification no.39-Leg./2015 dated 09.12.2015& notification no.26-Leg./2016 dated 04.07.2016
- (2) The Chairperson7, shall either be a retired Chief Justice or a serving or retired Judge of the Supreme Court or a retired Chief Justice of a High Court or a serving or retired Judge of a High Court or a serving or retired officer of the rank and status of the Chief Secretary of the State of Punjab or Secretary to the Government of India.
- (3) The members shall possess the qualifications specified in sub-section (5).
- (4) The State Government may appoint one of the members, by notification as4 ViceChairperson of the Authority.
- (5) The members appointed under sub-section (1), shall have the following qualifications and experience in the fields of Management of Infrastructure Sectors or Infrastructure Projects, Law, Finance, Economics or Commerce -
- (i) Qualifications and experience in the field of management of infrastructure sector or infrastructure project:- Relevant professional qualifications and a minimum experience of ten years of working after acquiring the said qualifications in a Government department or public sector organisation or in a private sector organisation; having annual turnover of one hundred crore rupees or more in any infrastructure sector in respect of conceptualizing, appraisal, development, financing or implementation of infrastructure projects;
- (ii) Qualifications and experience in the field of Law:- A serving or a retired District and Sessions Judge or a person qualified to be a District and Sessions Judge;
- (iii) Qualifications and experience in the field of Finance, Economics or Commerce:- 7 Appointed vide notification no.1/5/70/2009-5FE4/638 dated 12.11.2009, thereafter, vide notification no.1/5/70/2009-5FE4/226 dated 15.12.2014 Qualifications:
- (a) Membership of the Institute of Chartered Accountants of India; or
- (b) Post Graduation in Economics, Commerce, Management or Engineering. Experience:-
- (a) Ten years’ experience of working after acquiring the said qualifications in a Government department or public sector organisation or in a private sector organisation having annual turnover of one hundred crore rupees or more; or
- (b) Ten years’ teaching experience in a university or a college, recognised by the University Grants Commission or an institute recognised by the All India Council of Technical Education.
- (6) Before appointing any person to the Authority as a Chairperson or Vice-Chairperson or member, as the case may be, the State Government shall satisfy itself that the person does not have any financial or other interest, which may affect prejudicially his functioning as a Chairperson or Vice-Chairperson or member of the Authority.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
6. Powers of Chairperson and Vice-Chairperson8
Statutory text
- (1) The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority. The Chairperson shall, preside over the meetings of the Authority as well as exercise and discharge the powers and functions of the Authority vested in him in accordance with the regulation. (1-A) Where there is a provision, for appointment of sole Arbitrator by the Government/ Government agencies, in an agreement entered into between two or more Contractors, or 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 sole Arbitrator, under the Arbitration and 8 Amended vide notification no.36-Leg./2017 dated 29.12.2017 Conciliation Act, 1996 (Act 26 of 1996) in disputes where the claimed amount is five crore rupees and above. (1-B) Where there is a provision, for appointment of two or more Arbitrators one of them to be appointed by the Government/ Government agencies, in an agreement entered into between two or more Contractors, in an agreement entered into between two or more contractors, or 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.
- (2) The Vice-Chairperson shall exercise and discharge the powers and functions of the Chairperson, in the absence of the Chairperson, in accordance with the regulations.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
7. Term of office and conditions of service of the Chairperson, Vice-Chairperson and other members
Statutory text
- (1) The Chairperson shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier.
- (2) The term of office and other conditions of service of a member shall be applicable to the Vice-Chairperson.
- (3) A member shall hold office for a term of five years from the date on which he enters upon his office or the date on which he attains the age of sixty-eight years, whichever is earlier.
- (4) If a person already holding an office is appointed as a Chairperson or a member, as the case may be, he shall have to resign from that office before joining the Authority.
- (5) The salary and allowances9 payable to, and the other terms and conditions of the 9 Notified vide notification no.1/5/70/2009-5FE4/700 dated 30.11.2010 Chairperson, Vice-Chairperson and other members shall be such, as may be prescribed and the same shall not be varied to their disadvantage during their tenure.
- (6) Notwithstanding anything contained in sub-sections (1), (2) and (3), the Chairperson or the Vice-Chairperson or a member, as the case may be, may :-
- (i) relinquish his office by giving a written notice of at least three calendar months to the State Government; or
- (ii) be removed from his office in accordance with the provisions of Section 8.
- (7) The Chairperson or the Vice-Chairperson or any other member, ceasing to hold office as such, shall be ineligible for further employment under the State Government; and shall not accept any commercial employment in any infrastructure sector organisation, associated with the Government of the State of Punjab during his term in office, for a period of two years from the date he ceases to hold such office.
- (8) A vacancy caused to the office of the Chairperson or Vice-Chairperson or any other member, as the case may be, shall be filled up within a period of three months from the date on which such vacancy occurs.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
8. Removal and suspension of the Chairperson, Vice-Chairperson and member from office in certain circumstances
Statutory text
- (1) The State Government may remove the Chairperson, Vice Chairperson or any member from office after complying with the provisions of sub-section (2), if he has,-
- (i) been adjudged insolvent; or
- (ii) been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
- (iii) become physically or mentally incapable; or
- (iv) acquired such financial or other interest as is likely to affect prejudicially his functions in any of the said capacities; or
- (v) so abused his position as to render his continuance in office prejudicial to the public interest.
- (2) Notwithstanding anything contained in sub-section (1), the Chairperson or ViceChairperson or member, as the case may be, shall not be removed from his office unless,-
- (i) a reference is made by the State Government to the Chief Justice of the High Court of Punjab and Haryana seeking an enquiry and recommendation on the proposed removal of the Chairperson or Vice-Chairperson or member along with the grounds for the removal and material supporting such proposal;
- (ii) the reference is duly enquired into by an inquiry committee headed by a sitting or retired High Court Judge or any other person appointed by the Chief Justice of the High Court of Punjab and Haryana; and
- (iii) the inquiry committee makes recommendation that the Chairperson or ViceChairperson or member ought to be removed on such ground or grounds.
- (3) The State Government may suspend the Chairperson, Vice-Chairperson or any member of the Authority in respect of whom a reference has been made to the Chief Justice under subsection (2), until any recommendation is made by the inquiry committee appointed by the Chief Justice.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
9. Meetings
Statutory text
- (1) The Authority shall meet at such times and places and shall follow such procedure to transact its business in the meetings, as may be specified in the regulations.
- (2) The Chairperson or, if for any reason he is unable to attend a meeting of the Authority, the Vice-Chairperson, and in his absence, any other member chosen by the members present from amongst themselves at the meeting, shall preside over the meeting.
- (3) All questions which come up before any meeting shall be decided by a majority vote of the members present and voting, and in the event of an equality of votes, the person presiding, shall have a second or casting vote.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
10. Vacancies not to invalidate proceedings of the Authority No act or proceeding of the Authority shall be invalid merely by reason of :-
Statutory text
- (i) any vacancy in, or any defect in the constitution of the Authority; or
- (ii) any defect in the appointment of a person acting as a member of the Authority; or
- (iii) any irregularity in the procedure of the Authority not affecting the merits of the case.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
11. Officers and other employees of Authority
Statutory text
- (1) The Authority may appoint officers and such other employees, as it considers necessary for the efficient discharge of its functions under this Act.
- (2) The salary and allowances payable to and the other conditions of service of the officers and employees of the Authority appointed under sub-section (1), shall be such as may be determined by regulations.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
12. Finance, accounts and audit
Statutory text
- (1) After the Authority is established by the State Government, the Authority shall open an account in any nationalized bank or a bank authorized by the Reserve Bank of India to carry out the banking business. The following may be credited to the Account, namely –
- (i) contribution received from the State Government
- (ii) grants received by the Authority; and
- (iii) any other sum received by the Authority from any sources including fees fixed by the Authority under the regulations for the proceedings before the Authority.
- (2) The Account shall vest in and be administered by the Authority, which will apply the same to meet the various expenses of the Authority, including the salaries, allowances and administrative expenses defrayed for purposes authorised by this Act.
- (3) The Authority shall cause its books and accounts to be maintained, and its annual accounts to be prepared in the form prescribed by the State Government in consultation with the Accountant General, Punjab.
- (4) The annual accounts of the Authority shall be audited by the Accountant General, Punjab and any expenditure incurred in connection with such audit, shall be payable by the Authority.
- (5) The Accountant General, Punjab and any other person appointed by him in connection with the audit of the Accounts of the Authority, shall have the same rights and privileges as the Accountant General, Punjab generally has in connection with the audit of the State Government accounts and, in particular, the rights to demand production of the relevant books, accounts, supporting vouchers and other documents and papers of the Authority, for inspection.
- (6) The accounts of Authority as certified by the Accountant General, Punjab or any other person appointed by him in this behalf along with the audit report with respect thereto, shall be forwarded annually to the State Government, which shall cause the same to be laid before the State Legislative Assembly.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
13. Furnishing of returns to the Legislative Assembly
Statutory text
- (1) The Authority shall prepare an annual report every year giving a summary of its activities done during the previous year in such form and at such place, as may be prescribed and copies of the report shall be forwarded to the State Government for laying them before the Legislative Assembly.
- (2) The Authority shall furnish to the State Legislative Assembly, at such time and in such form and manner as may be prescribed or required by the State Legislative Assembly, the returns, statements and particulars in regard to any proposed or existing program for the promotion and development of the infrastructure sector.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
14. Functions of the Authority
Statutory text
- (1) The Authority shall discharge the following functions, namely:-
- (i) to aid and advise the State Government in the formulation of appropriate policy or guidelines relating to tariff;
- (ii) to conduct the public hearing regarding the approval of proposed infrastructure projects in terms of section 30;
- (iii) to determine, modify or vary the tariff on the basis of the concessions granted to the concessionaires and the interest of the consumer;
- (iv) to regulate the working of the concessionaire and promote efficient, economical and equitable performance, including laying down standards of performance of the concessionaire in regard to the service to the consumer;
- (v) to adjudicate upon appeal preferred to it against an order passed by the Board or the State Government related to the approval of an infrastructure project or the award of a concession;
- (vi) to adjudicate upon disputes inter-se two or more Concessionaires, operators of infrastructure projects, the State Government and the Board; and (vii)10 to adjudicate upon, as an Arbitrator, the disputes inter-se between two or more contractors, or 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 Govt. under the Arbitration and Conciliation Act,1996 (Act 26 of 1996), where the claimed amount is five crore rupees and above. Provided that the Authority shall not discharge any of the aforesaid functions or any other such functions in respect of which The Punjab State Electricity Regulatory Commission established under sub-section (1) of section 17 of the Electricity Regulatory Commissions Act, 1998 (Act no. 14 of 1998), is empowered to discharge.
- (2) The Authority shall always act consistent with the objectives and purposes for which it 10 Added vide notification no.36-Leg./2017 dated 29.12.2017 has been established.
- (3) Orders passed by the Authority in exercise of its powers under this Act, shall be final and binding on all concerned and shall be executable as a decree.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
15. Authority to have powers of a Civil Court
Statutory text
- (1) The Authority, in conduct of all proceedings before it and in exercise of its powers under this Act, will be guided by the principles of natural justice.
- (2) The Authority shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of, -
- (i) summoning and enforcing the attendance of any person and examining him on oath;
- (ii) requiring the discovery and production of documents;
- (iii) receiving evidence on affidavits;
- (iv) issuing commissions for the examination of witnesses or documents;
- (v) reviewing its decisions;
- (vi) dismissing an application for default or deciding it ex-parte, setting aside any order of dismissal or any application for default or any order passed by it ex-parte; and
- (vii) any other matters as the Authority may specify by regulations.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
16. Proceedings before the Authority shall be deemed to be Judicial Proceedings
Statutory text
- (1) All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860, and the Authority shall be deemed to be a ‘Civil Court’ for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
- (2) Every proceeding before the Authority shall be completed within a period of ninety days of its commencement, except where the time period is extended by the Authority for the reasons to be recorded in writing.
Chapter III PUNJAB INFRASTRUCTURE REGULATORY AUTHORITY
17. Power of Authority to make Regulations
Statutory text
- (1) The Authority may make regulations for the proper performance of its functions under this Act.
- (2) In particular and without prejudice to the generality of the foregoing power and of matters specifically provided for in this Act, such regulations may provide for all or any of the following matters, namely; -
- (i) Specifying procedure to transact business in the meetings under section 9;
- (ii) Determining of salaries, allowances and other conditions of service of the officers and other employees of the Authority under sub-section (2) of section 11; and
- (iii) Fixing of sums received by the Authority under clause (iii) of sub-section (1) of section 12.
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