Articles subject to levy of fee under the Act [See section 25]

Sr. No. Description of articles and goods Circumstances and stage under and at which the fee is to be levied under this Act. 1. All agricultural produces as defined in the Punjab Agricultural Produce Market Act, 1961 except 53; (i) Fruits;; (ii) Vegetables;; (iii)Pulses;; (iv) Wheat and Maize purchased by the Wheat and Maize processing industries directly from the farmers for manufacture of wheat and maize flour and for all other secondary/tertiary products of wheat and maize in the State of Punjab. 54; (v) Purchase of paddy by such industrial units which have been granted the Special Package of Incentives by the Empowered Committee constituted under the Industrial Policy, 2003, upto limits or duration and subject to the terms and conditions approved by the Empowered Committee55. The levy shall be at the first stage of purchase of the commodity concerned in the State of Punjab56, 57, 58. 53 Prior to the operation of this Act, the State Government in terms of earlier Act i.e. Punjab Infrastructure Development Act, 1998 (since repealed) exempted items mentioned at Sr. No.1(i), (ii) & (iii) vide notification no.1-Leg./99 dated 12.01.1999 which has been retained under the existing Act notified on 11.07.2002. 54 The State Government in terms of earlier Act i.e. Punjab Infrastructure Development Act, 1998 (since repealed) exempted item mentioned at Sr. No.1(iv) vide notification no. S.O. 14/P.A.1/99/S.4/Amd./2002 dated 27.04.2002 which has been retained under the existing Act notified on 11.07.2002. 55 As amended vide notification no. 7/1/11/2001-5FEIV/6785 dated 22.08.2005 56 As amended vide notification no. 7(1)11/01-5FE-4/4506 dated 13.07.2006 57 As amended vide notification no. 7(1)11/01-5FE-4/63 dated 10.10.2008 58 As amended vide notification no. 7(1)11/01-5FE-4/337 dated 06.08.2009 (vi) Paddy purchased by private purchasers, to the extent non-basmati rice derived out of such paddy, is exported by such purchasers; provided such private purchasers, submit a valid proof of the export so made, to the assessing and Controlling Authority59.; (vii) Paddy purchased by private purchasers, to the extent basmati rice derived out of such paddy for export and has been exported provided such exporters submit a valid proof of the export so made, to the assessing and Controlling Authority60.; (viii) Omitted61,62.; (ix) Cotton Seed (Banaula) and Cotton (Ginned and Un-ginned) 63. 2. Petrol. The levy shall be at the first stage of sale of petrol in the State of Punjab64. 3. Diesel. The levy shall be at the first stage of sale of diesel in the State of Punjab64. REKHA MITTAL, Secretary to Government of Punjab, Department of Legal and Legislature Affairs. 59 As amended vide notification no. S.O. 85/P.A.8/2002/S.25/2012 dated 25.09.2012 60 As amended vide notification no. 1/30/12-5FEIV/767 dated 07.11.2012 61 As amended vide notification no. 1/30/12-5FEIV/536 dated 23.10.2013 62 As amended vide notification no. S.O.49/P.A.8/2002/S.53/2015 dated 10.11.2015 63 As amended vide notification no. S.O.13/P.A.8/2002/S.25/2014 dated 03.02.2014 64 As amended vide notification no. 7(1)11/01-5FE-4/4506 dated 13.07.2006 STATEMENTS OF OBJECTS AND REASONS The Punjab Infrastructure (Development and Regulation) Bill, 2002 is proposed to provide high priority on infrastructure development to accelerate economic and industrial growth in the State. In view of the volume of funds required for infrastructure development, the State Government wishes to encourage the private sector to supplement its efforts in developing the infrastructure facilities by participating in its financial and/ or development operations and management thereof. This Bill seeks to establish a regulatory framework which will provide clear guidelines for all aspects for infrastructure development from the conception to the implementation. LAL SINGH, Finance Minister, Punjab. FINANCIAL MEMORANDUM The Punjab Infrastructure (Development and Regulation) Bill, 2002 is being introduced to attract and facilitate private participation in infrastructure development as the State Government recognizes the need to : - (a) have an overarching legislation to secure a level playing field for private participations; (b) establish a transparent regulatory framework governed by an autonomous regulator; and (c) grant various concessions and incentives to make the infrastructure projects and the investment opportunities viable and attractive. The actual financial implications can only be worked out as and when any incentives are granted in this regard. MEMORANDUM REGARDING DELEGATION LEGISLATION Clause 24 of the Punjab Infrastructure (Development and Regulation) Bill, 2002 empowers the Board to make the Bye-laws for carrying out the purpose of the Bill. The powers sought are necessary for the proper implementation of the provisions of the Bill and are normal in nature. _________ The Governor has, in pursuance of clause (1) of Article 207 of the Constitution of India, recommended to the Punjab Legislative Assembly, the introduction of the Bill. CHANDIGARH : NACHHATTAR SING MAVI, The 25th June, 2002 Secretary. _________________________________________________________________ N.B. - The above Bill was published in the Punjab Government Gazette (Extraordinary), dated the 25th June, 2002, under the proviso to rule 121 of the Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha (Punjab Legislative Assembly). PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD BYE-LAWS, 2002 ___________________________________________________________________ In exercise of powers conferred by Sub-Section 1 of Section 24 of the Punjab Infrastructure (Development & Regulation) Act, 2002 (Punjab Act No. 8 of 2002), and all other powers enabling it in this behalf, the Board is pleased to make the following bye-laws, namely :- BYE-LAWS CHAPTER 1 GENERAL 1. Short title, Commencement and Interpretation (1) These bye-laws may be called the 'Punjab Infrastructure Development Board ByeLaws, 2002'. (2) They shall come into force with effect from the date on which they are approved by the Board or by the Executive Committee in pursuance of the power delegated to it. (3) They shall extend to the State of Punjab. 2. Definitions (1) In these bye-laws, unless the context otherwise requires: (i) 'Act' means the Punjab Infrastructure (Development & Regulation) Act, 2002 (Punjab Act No.8 of 2002) and any law of the State of Punjab that replaces the Act; (ii) 'Board' means the Punjab Infrastructure Development Board constituted under Section 18 of the Act; (iii) ‘Chairman' means the Chairman of the Board; (iv) 'Executive Committee' means the Executive Committee of the Board constituted under Sub-Section (4) of Section 18 of the Act; (v) ‘Leave Rules’ means the leave rules approved by the Executive Committee in its 3rd meeting. (vi) 'Managing Director' means the Managing Director of the Board who shall also hold office as the Convenor of the Executive Committee; (vii) 'Member' means a member of the Board; (viii) 'Member Secretary' means the Member Secretary of the Board as per clause (d) of Sub-Section (2) of Section 18 of the Act; (ix) ‘Project Management Team’ means the Project Management Team of the Board as defined in Sub-Section (21) of Section 2 of the Act; (x) ‘Vice Chairman’ means the Vice Chairman of the Board; (2) Words or expressions occurring in these bye-laws and not defined herein above shall bear the same meaning as in the Act. CHAPTER 2 FUNCTIONING OF THE BOARD 3. Offices, office hours and sittings of the Board (1) The place of the offices of the Board may from time to time be specified by the Board, by an order made in that behalf. (2) Unless otherwise directed, the headquarters and other offices of the Board shall be open daily, except on Saturdays, Sundays and holidays notified by the Government of Punjab. The headquarters and other offices of the Board shall be open at such times as the Board may direct. (3) Where the last day for doing of any act falls on a day on which the office of the Board is closed and by reason thereof the act cannot be done on that day, it may be done on the next day on which the office is open. (4) The Board may hold sittings for its deliberations or for hearing representations on matters at the headquarters or at any other place on days and time to be specified by the Board. 4. Vacancies not to invalidate proceedings of Board No act or proceeding of the Board shall be invalid merely by reason of - (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 or Vice-Chairman or Member of the Board; or (iii) any irregularity in the procedure of the Board not affecting the merits of the case. 5. Proceedings of the Board (1) The Board may from time to time hold such proceedings as it may consider appropriate in the discharge of its functions under the Act. (2) The nature of the proceedings shall be determined by the Chairman. (3) The proceedings may include consultation with experts, hearing of the representations of affected or interested parties, administrative meetings of Members of the Board, or any other activity that the Board considers appropriate in order to discharge its functions and fulfill its objectives. 6. Role and functions of Member Secretary (1) The Member Secretary shall act as the Convenor for the meetings of the Board. (2) The Member Secretary shall be responsible for the preparation of Agenda for the Board Meetings. He shall be empowered to get the minutes approved for subsequent circulation amongst all concerned. (3) The Member Secretary shall submit various reports to the Board. (4) The Member Secretary shall perform the role of “Competent Authority” for the purpose of granting approvals for specific purposes to the Managing Director. 7. Managing Director, Officers and other Employees of the Board (1) The Board shall have a Managing Director, such other officers and employees as the Board may decide from time to time and are appointed in accordance with the provisions of Sub-Sections (1) and (2) of Section 23 of the Act. (2) The conditions of service of such officers and employees and their functions and duties shall be such as may be determined by the Board from time to time. (3) The Managing Director, officers and other employees of the Board shall be entitled to leave, leave accumulation and leave encashment as per the leave rules of the Board approved by the Board in its 7th Meeting, which shall be deemed to be a part of these bye-laws. (4) The officers and employees of the Board shall be entitled to conveyance facility or monetary reimbursement in lieu thereof, as per the vehicle propulsion scheme adopted by the Executive Committee from time to time, which shall be deemed to be a part of these bye-laws. CHAPTER 3 COMMITTEES OF THE BOARD 8. Constitution, functions and powers of the Executive Committee (1) To aid and assist the Board in its functioning and implementation of the provisions of the Act, the Board shall constitute an Executive Committee in pursuance of Sub-Section (3) of Section 18 of the Act. (2) The Executive Committee may exercise all such powers and authorities of the Board as are necessary to discharge its functions and are capable of being delegated to the Executive Committee, wherein the expression “capable of being delegated” implies that approval of the Board for specific delegation shall not be required. (3) Without prejudice to the generality of Article 8(2) above, the following functions of the Board shall be performed by the Executive Committee. (i) Conducting of discussions and making of recommendations for appropriate decision of the Board pertaining to issues under the scope of the powers of the Board. (ii) Review of progress of each and every project to which the Act applies. (iii) Finalisation and approval of selection criteria for award of contracts, studies and consultancies for such infrastructure projects to which the Act applies, in consultation with the concerned Public Infrastructure Agencies. (iv) Finalisation and approval of model DNITs, draft contracts including concession agreements for such infrastructure projects to which the Act applies, in consultation with the concerned Public Infrastructure Agencies. (v) Granting approval for the award of projects’ related contracts by the concerned Public Infrastructure Agencies, in respect of such infrastructure projects to which the Act applies. The Executive Committee may delegate such power of granting approval to any other Committee of the Board in respect of any individual projects, as it may deem fit. (vi) Sorting out interdepartmental issues. (vii) Any other matters as the Board may deem appropriate from time to time. (viii) Constitution of any Committee under the Act and delegating part of its power to such Committee. 9. Constitution, functions and powers of Sectoral Sub-Committees (1) The Board shall constitute a Sectoral Sub-Committee for each specialized infrastructure sector in which projects are to be developed and implemented, provided such infrastructure sector is covered by Schedule I of the Act. (2) Each Sectoral Sub-Committee shall consist of chairman/ convenor and two other members of the Project Management Team as representatives of PIDB and one senior most technical person, concerned nodal officer and one expert nominee of the Secretary in-charge of the concerned Public Infrastructure Agency. (3) The role, functions and powers of various Sectoral Sub-Committees shall be as follows : (i) Approval of pre-feasibility reports, detailed project reports etc. pertaining to the projects to which the Act applies. (ii) Prescribing and freezing technical specifications pertaining to projects to which the Act applies. (iii) Finalising alignment of roads, engineering and architectural designs, layout etc. pertaining to projects to which the Act applies. (iv) Taking decisions on issues concerning land acquisition, utility relocation, environmental clearances, rehabilitation and pollution matters pertaining to projects to which the Act applies. (v) Examining adherence to the parameters of the model DNIT(s) approved by the Board, Executive Committee or any other high powered committee exercising the powers of the Board or the Executive Committee and recommending modifications to the technical, financial, legal and other aspects of the project specific DNITs before finally approving the project specific DNITs for implementation of PIDB sponsored/ funded infrastructure projects by the concerned Public Infrastructure Agencies. (vi) Evaluation of bids including scrutiny of documents submitted by the bidders, conducting pre-bid conferences, issuing clarifications to bidders – either on its own or through the officials of the concerned Public Infrastructure Agency or through the external consultants or service providers engaged by the Board in pursuance of the provisions of the Act, selection of bidders and making recommendations to the Executive Committee, regarding infrastructure projects sponsored/ funded by PIDB. (vii) Developing a system for monitoring the overall progress, construction quality, timeliness, compliance with contractual, technical and legal provisions pertaining to the projects to which the Act applies and keeping the Executive Committee or any other competent high powered committee informed about the implementation of the same. (viii) Developing a system for monitoring of the execution of the Infrastructure Projects and various reports to be submitted by the Contractor or Concessionaire or facility operator or as the case may be. (ix) To provide various reports and information to the Executive Committee or to any other competent high powered committee, as may be required by such committee from time to time. (4) The Managing Director shall be responsible for providing appropriate space in PIDB’s office for the holding of meetings, storage of records/ documents of Sectoral Sub-Committees and for prescribing procedures to be adopted for the internal functioning of Sectoral Sub-Committees, frequency of their meetings etc. (5) The respective Convenors of Sectoral Sub-Committees shall be responsible for the preparation of minutes and agenda, besides storage of all records and documents relevant for the functioning of Sectoral Sub-Committee. 10. Appointment and Powers of the Managing Director (1) The State Government shall appoint the Managing Director from amongst its officers or by appointing an expert having sufficient expertise in infrastructure development. (2) The Managing Director shall assist the Board in its day to day functioning and exercise such powers and authorities as may be delegated by the Board from time to time which shall include, but not be limited to the functions and authorities as set out in Schedule-I hereto. 11. Delegation of Powers of the Board The Board may delegate any of its powers, functions and authorities to the Executive Committee, Sectoral Sub-Committee, any other committee constituted under the Act or the Managing Director. 12. Full Powers with Board Irrespective of whatever delegation of functions may have been carried out under the bye-laws or otherwise, the Board shall always retain with itself full powers with respect to the following matters pertaining to all employees, except employees equivalent to Group “C” and “D” category of employees of Government of Punjab : (i) Appointment of the employees. (ii) Termination of Service. (iii) Acceptance of Resignation. CHAPTER 4 INFRASTRUCTURE PROJECTS 13. Identification of Projects In discharging its functions of identification, selection and prioritisation of Infrastructure Projects, the Board shall consult any of the Public Infrastructure Agencies or any other Government or private agency. 14. Technical and Financial Consultancy For the preparation of techno-feasibility studies, detailed project reports, specifications, plans, designs, detailed estimates, DNITs etc., technical or financial consultancy services may be arranged in pursuance of clause (ii) of Sub-Section (2) of Section 20 or clause (v) of Sub-Section (4) of Section 20 or in pursuance any other provision of the Act. The above reports will be deliberated upon and evaluated by the concerned Sectoral SubCommittee, before being placed before the Executive Committee or any other competent high powered committee. 15. Execution and implementation of infrastructure projects (1) In terms of Sub-Section (2) of Section 32 of the Act, the Board shall be responsible in all respects for all aspects of pre-bidding and bidding processes and in accordance with the provisions of Sub-Sections (4), (5), (6) and (7) of Section 28 of the Act as follows: (a) For Public Private Partnership (PPP) projects: Processes incidental to PPP projects may be carried out by the Board through the Project Management Team or the Sectoral Sub-Committee or any other committee, as the case may be. If any concession is required to be granted to a bidder in respect of any private participation project, the same shall be granted by the concerned Public Infrastructure Agency pursuant to the approval of the Board or the Executive Committee, provided the bidder meets the criteria specified in Sub-Section (1) of Section 35 of the Act. (b) For Engineering Procurement Construction (EPC) projects: Processes incidental to EPC projects may be carried out by the Board through the Project Management Team or the Sectoral Sub Committee or Public Infrastructure Agencies or any other Committee, as the case may be. The execution, implementation and supervision pertaining to specific projects shall be carried by the concerned Public Infrastructure Agencies as per the provisions of the Act and Article 16 of the PIDB Bye-laws, 2002. (2) Notwithstanding anything contained in these bye-laws, the power of signing of any infrastructure project specific contracts or concession agreements will remain with the competent authority of the concerned Public Infrastructure Agency, who shall be responsible for executing the same with the proposed awardee within a period of 30 days from the date of receipt of notice of award issued by the Board under Sub-Section (4) of Section 34 of the Act. As per Sub-Section (4) of Section 34 of the Act, the Board shall issue the notice of award to the awardee within a period of fifteen days from the date of the final decision along with a copy of the same to the concerned Public Infrastructure Agency. 16. Execution and Supervision of work (1) The concerned Public Infrastructure Agencies will be responsible for the execution and supervision of work pertaining to specific projects and payment to the Contractors, as required in pursuance of various contractual arrangements. The concerned Public Infrastructure Agencies shall make the payments to the Contractors directly. (2) Prior to release by PIDB, of any funds for development or implementation of infrastructure projects, the concerned Sectoral Sub-Committee shall submit to the Executive Committee of PIDB, a detailed fund requirement plan. (3) Once the fund requirement plan is approved by the Executive Committee, it shall make adequate provision for the release of the funds according to the approved fund requirement plan. 17. Release of Project Related Expenses The following financial powers shall be exercised by the Executive Committee and the Managing Director for promotion and implementation of the Infrastructure Projects : Where fund requirement plan for any particular Infrastructure Project has been approved by the Executive Committee, the Managing Director shall have the full power to release the funds within the parameters of the approved fund requirement plan. Where in pursuance of any decision of the Executive Committee, a project has been taken up for development and project preparatory activities including consultancy services, utility relocation etc., the Managing Director shall have the full power to release the funds required towards implementation of such decision. 18. Delegation of Powers to the Managing Director Unless the Board directs otherwise, any of the powers and functions delegated by the Board to the Executive Committee may be further delegated by the Executive Committee to the Managing Director, subject to such terms and conditions, as the Executive Committee may deem appropriate.