Updated: Sunday February 28, 2016/AlAhad
Jamada El Oula 20, 1437/Ravivara
Phalguna 09, 1937, at 10:36:51 PM
[1][1]The
Infrastructure Development Authority of the
(Act IV of 2016)
[06 February 2016]
An Act to provide for founding Infrastructure Development Authority
of the
It is necessary to establish Infrastructure Development Authority of the
Punjab for planning, designing, construction
and maintenance of infrastructure in the
Be it enacted by
Provincial Assembly of the
1. Short title, extent and commencement.– (1) This Act may be
cited as the Infrastructure Development Authority of the Punjab Act, 2016.
(2) It extends
to whole of the
(3) It shall
come into force at once.
2. Definitions.– In this Act:---
(a) “Authority” means the Infrastructure Development Authority of the
(b) “Chairperson” means the Chairperson of
the Authority;
(c) “Government” means Government of the
(d) “infrastructure”
includes public buildings or civil structures, roads and related or incidental
facilities;
(e) “local
government” means a local government as defined in the Punjab Local Government
Act 2013 (XVIII of 2013) or in any other law for the time being in force;
(f) “member”
means a member of the Authority and includes the Chairperson;
(g) “person”
includes an individual, company, firm, institution, Government agency,
co-operative society or association of individuals whether incorporated or not;
(h) “prescribed”
means prescribed by the rules or regulations;
(i) “regulations”
means the regulations framed under the Act;
(j) “road” includes expressways, highways,
motorways, public roads, cart-ways which are designed or intended for, or used
by the general public for the passage of vehicles, and includes:
(i) culverts, bridges and works of every
description built on, under or across any
road;
(ii) adjacent berms and side drains within
the boundaries of any road;
(iii) land included within the right of way of
the road; and
(iv) fences, posts and trees on any road;
(k) “rules”
means the rules made under the Act; and
(l) “scheduled
offence” means an offence set out in the Schedule of this Act.
3. The Authority.– (1) The Government may, by notification in the official
Gazette, establish an Authority to be known as Infrastructure Development Authority
of the
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal, with power to enter into contracts, acquire or dispose of property, and
may, by the said name, sue or be sued.
(3) The
headquarters of the Authority shall be at such place as the Government may, by
notification, determine.
4. Composition of the Authority.– (1) The Authority shall consist of the
following:---
|
(a)
Minister for Communication & Works, |
Chairperson |
|
(b)
Chairman, Planning and Development Board of
the Government; |
Vice Chairperson |
|
(c)
three members of the Provincial Assembly of
the |
Members |
|
(d)
at least two members from amongst the Mayors
of the Metropolitan/Municipal Corporation, Chairmen of Municipal Committees
or District Councils; |
Members |
|
(e)
Secretary (Implementation &
Coordination) to the Government, Services and General Administration
Department or his nominee not below the rank of an Additional Secretary; |
Member |
|
(f)
Secretary to the Government, Communication
and Works Department or his nominee not below the rank of an Additional
Secretary; |
Member |
|
(g)
Secretary to the Government, Finance
Department or his nominee not below the rank of an Additional Secretary; |
Member |
|
(h)
Secretary to the Government, Housing, Urban
Development and Public Health Engineering Department or his nominee not below
the rank of an Additional Secretary; |
Member |
|
(i)
Secretary to the Government, Agriculture
Department or his nominee not below the rank of an Additional Secretary; |
Member |
|
(j)
Secretary to the Government, Irrigation
Department or his nominee not below the rank of an Additional Secretary; |
Member |
|
(k)
Secretary to the Government, Local
Government and Community Development Department or his nominee not below the
rank of an Additional Secretary; |
Member |
|
(l)
Secretary to the Government, Transport
Department or his nominee not below the rank of an Additional Secretary; |
Member |
|
(m)
two Divisional Commissioners; |
Members |
|
(n)
four technical experts; and |
Members |
|
(o)
Chief Executive Officer of the Authority. |
Member/Secretary |
(2) The
Government shall appoint members of the Authority, other than the ex-officio
members, for each term of two years.
(3) A member,
other than an ex-officio member, shall not be appointed as a member of the
Authority for more than two consecutive terms.
(4) No act or
proceedings of the Authority shall be invalid merely by reason of any vacancy
or defect in the constitution of the Authority.
(5) Seven
members of the Authority shall constitute the quorum for a meeting of the
Authority.
(6) The
Authority shall meet at least once in three months.
(7) A meeting of
the Authority shall be held on such date and time as the Chairperson may
determine.
(8) The agenda
of a meeting shall be approved by the Chairperson.
(9) The
Chairperson and, in his absence, the Vice Chairperson shall preside a meeting
of the Authority and in the absence of both, the meeting shall be presided by
the member of the Authority nominated for the purpose by the Chairperson.
5. Disqualification of the
members.–No person shall be appointed or continue as a member who:
(a)
is or, at
any time, has been convicted of an offence involving moral turpitude;
(b)
is or, at
any time, has been adjudicated as an insolvent; or
(c)
is found to
be a lunatic or of unsound mind; or
(d)
has a
financial interest in any scheme or a conflicting interest, directly or
indirectly, between his interests as a member and his private interests, and
has failed to disclose such interest in writing to the Government.
6. Functions of the Authority.–
(1) The Authority may perform such functions and exercise such powers as are
necessary for carrying out the purposes of this Act.
(2) Without
prejudice to the generality of subsection (1), the Authority may:---
(a) plan,
promote, organize, re-organize and implement programmes for construction,
development, operations, repairs, rehabilitation, security and maintenance of
the infrastructure;
(b) prepare
asset management schemes regarding the property under its management;
(c) prepare the annual
budget of the Authority;
(d) advise the Government on
matters relating to infrastructure development;
(e) acquire or dispose of
property or any interest in the property with the approval of the Government;
(f) cause studies, surveys,
consultancies, experiments or technical researches to be made and contribute
towards the cost of any such studies, surveys, experiments or technical
researches made by any other agency for the furtherance of the objectives of
the Act;
(g)
raise funds
through borrowing, investments, leasing of assets or any other means in the
prescribed manner and with the approval of the Government;
(h) prepare the annual
report of the Authority and approve it for submission to the Government;
(i) develop commercial sites
along the roads and on the property vesting in it;
(j) enter into and perform
such contracts with local and international organizations as may be necessary
for carrying out the purposes of the Act;
(k) subject to the approval
of the Government, levy, collect or cause to be collected tolls on the use of
the infrastructure of the Authority;
(l) license facilities on
the infrastructure or land vesting in
the Authority on such terms as it deems fit;
(m)
determine a
building line between structures and the roads;
(n) define permissible uses
of the infrastructure developed or owned by the Authority;
(o) establish
different directorates and wings and delegate such powers to the directorates
and wings as are necessary for the efficient and effective performance of its
functions under the Act;
(p) disseminate and create
awareness about the use of infrastructure;
(q) develop
and maintain green areas including parks along the roads;
(r) collaborate
with the Government, the local government or any other public or private sector
agency for improvement of services and environment;
(s) advise and assist the
Government in implementation of axle load management and road safety regime in
coordination with the local government and other concerned authorities;
(t) undertake any work
specified in section 5 of the Act;
(u) procure plant, machinery,
instruments and materials required for its use. including development and
management of quarries;
(v) award
contracts for projects or schemes to be undertaken through public financing or
through public private partnership;
(w) enter into partnership with
national and international development agencies, organizations or companies;
(x) organise road shows or
seminars to attract national and international investors, consultants and
contractors for infrastructure and road development works;
(y) develop enforcement of
traffic movement mechanisms on roads in
coordination with the Government and the local governments; and
(z) perform such other
functions as the Government may assign to achieve the objectives of this Act.
(3) A
person, without
prior approval in writing of the Authority,
shall not make any excavation or raise any sort of construction or
create any obstruction on the land inside the building line.
7. Projects and schemes.– (1) The Authority shall prepare projects and
schemes for the construction, development, rehabilitation, improvement,
execution, operation and maintenance of the infrastructure.
(2) The
Authority may frame a project, scheme or programme for any of the following
matters:---
(a) construction,
rehabilitation widening, improvement, operation and maintenance of roads or
structures;
(b) planning,
designing, construction, monitoring and maintenance of infrastructure projects
or schemes of Government buildings or structures;
(c) research
and development in the field of roads and infrastructure development and
quality assurance;
(d) training of
the employees of the Authority;
(e) welfare of
the employees of the Authority; and
(f) any other
matter relating to the functions of the Authority under this Act.
(3) The
Authority may:---
(a) consider and
approve a project or scheme having cost
estimates up to the prescribed financial limit; and
(b) consider and
recommend to the Government for approval, a scheme or project having cost
estimates beyond the prescribed financial limits.
8. Committees.– The Authority may
constitute one or more committees or sub-committees consisting of the members
of the Authority, the employees of the Authority and such other persons as it may deem fit and assign
functions to each such committee or sub-committee.
9. Chief Executive Officer.– (1) The
Government shall appoint the Chief Executive Officer of the Authority.
(2) The Chief Executive Officer shall
exercise such powers and perform such functions as the Authority may assign or
delegate.
(3) The Chief Executive Officer shall have
such qualifications, experience and age and other requirements, shall receive
such salary and allowances, and be subject to such conditions of service as may
be prescribed and until so prescribed as the Government, on the recommendations
of the Authority, may determine.
(4) The Chief Executive Officer may approve
a project of emergent nature, maintenance, rehabilitation and construction
affecting traffic movement and safety of structures of not more than one
hundred million rupees or may recommend for approval of a proposal, scheme or
project exceeding one hundred million rupees to the Authority.
(5) The Authority may empower the Chief
Executive Officer to re-appropriate funds from one project to another on the
basis of progress of the projects.
10. Appointments.–(1) The Authority may
appoint such employees, experts or consultants and other staff in such manner
and on such terms and conditions as may be prescribed by regulations, and until
so prescribed, as the Authority may determine.
(2) Subject to the terms and conditions of
appointment, the Authority may, at any time, terminate the services of an
employee by serving thirty days’ prior notice or on payment of thirty days
salary in lieu of the notice.
11. Appointment by transfer.–(1) The Government
may, on the request of the Authority, transfer the services of an employee to
the Authority on the terms and conditions which shall not be less
favourable than those admissible to him immediately before his transfer to
the Authority.
(2) An employee transferred under subsection
(1) shall continue to be the employee of the Government, liable to be
transferred back to the Government unless, with the consent of the employee and
approval of the Government, he is absorbed in the service of the Authority in
such manner and on such terms and conditions as may be prescribed and until so
prescribed as the Authority may determine.
12. Fund.–(1) There shall be a Fund to be
known as the Punjab Infrastructure Development Fund to be administered and
controlled by the Authority.
(2) The Fund shall consist of:---
(a) funds provided by the Government;
(b) loans or grants by the
Government or the Federal Government;
(c) loans or funds obtained by the Authority
under this Act;
(d) grants and loans negotiated and raised,
or otherwise obtained, by the Authority under this Act;
(e) income from toll, fee, charges, rentals
and fines collected by the Authority and from the lease or sale of property;
(f) funds raised by issuance of
infrastructure bonds or securities with the approval of the Government; and
(g) any other sums received by the
Authority.
(3) The Authority shall meet all its
expenses from the Fund.
13. Bank
accounts.–The
Authority shall open and maintain its accounts at such scheduled banks as may
be prescribed and until so prescribed as the Authority may determine.
14. Budget and accounts.– (1) The Authority
shall maintain proper accounts and other records relating to its financial
affairs including its income and expenditure, and its assets and liabilities in
such form and manner as may be prescribed.
(2) After the conclusion of a financial
year, the Authority shall, in the manner prescribed, cause to be prepared for
the financial year statements of account of the Authority which shall include a
balance sheet and an account of income and expenditure.
(3) No expenditure for which provision has
not been made in the approved budget shall be incurred without prior approval
of the Authority.
(4) The
Authority may delegate powers to Chief Executive Officer to administer and
incur expenditure in matters of urgent nature subject to such conditions as the
Authority may determine.
15. Audit.– (1) The Auditor
General of
(2) The Government, in addition to the audit
under subsection (1), shall cause the accounts of the Authority annually
audited by a Chartered Accountant or a firm of Chartered Accountants.
(3) The auditor appointed under subsection
(2) shall:---
(a) be provided such access to the books,
accounts and other documents as may be considered necessary for the audit of
accounts; and
(b) authenticate balance sheet, income and
expenditure statement of the Authority before issuance.
(4) The auditor shall submit
the annual or any special audit report to the Authority, and the Authority
shall take appropriate remedial or other action in the light of the audit
report.
16. Enforcement.–(1) The Authority
shall devise and implement enforcement plans regarding the observance of the
rules, regulations and directions issued by the Authority in relation
to the construction, rehabilitation, development, operation, repairs,
management and maintenance of the infrastructure; and, may pass appropriate
orders in that regard.
(2) The Authority shall appoint officers for
the implementation of the enforcement plans in such manner as may be
prescribed.
(3) The officers appointed under subsection
(2) shall exercise such powers, in such manner and to such extent as may be
prescribed.
17. Power to enter.–(1) Subject to
any rules or regulations, an officer authorized by the Authority may, whenever
it is necessary for purposes of this Act and at all reasonable times, enter
upon any land or premises, and:---
(a) make inspection, survey,
measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of
work;
(e) mark such levels, boundaries and
lines by placing marks and cutting trenches; and
(f) do such other acts or things as may be
prescribed.
(2) A person shall not enter
any boundary or any enclosed court or garden attached to a dwelling-house
except with the consent of the occupant and for obtaining such consent, at
least twenty-four hours’ notice in writing of his intention to do so, has been
given to the occupant.
18. Powers of seizure.– (1) An officer
authorized by the Authority may seize any vehicle, apparatus or other
thing which appears to the officer to be used in contravention of this
Act, the rules or the regulations.
(2) The officer shall prepare a statement
describing the vehicle, apparatus or other thing seized and shall deliver a
copy of the statement to the person from whom it is seized or, if such person
is not present, send the copy to him by mail.
(3) A person claiming back anything seized
under subsection (1), may apply to the Authority or the Court and the Authority
or the Court may confirm such seizure, wholly or in part, or may order that it
be restored to the claimant.
(4) If the Court confirms the seizure of the
vehicle, apparatus or other thing, it shall stand forfeited to the Authority.
19. Scheduled offence.– An officer
authorized by the Authority may, in the prescribed manner, impose fine
mentioned in the last column of the Schedule on a person who is found guilty of
an offence mentioned in the second column thereof.
20. Punishment for residuary
offences.– A
person who contravenes any provision of this Act, the rules or the regulations
or commits a scheduled offence shall, if no other penalty is provided for such
contravention or commission, be punished with imprisonment for a term which may
extend to six months but which shall not be less than seven days and fine which
may extend to one hundred thousand rupees but which shall not be less than ten
thousand rupees.
21. Damage to property and
disobedience of orders.–(1) A person who wilfully causes damage, or allows damage
to be caused to any property which vests in, or managed by, the Authority, or
which is to be acquired by the Authority, or unlawfully converts it to his own
or any other person's use, shall be punished with imprisonment for a term which
may extend to one year but which shall not be less than fifteen days and fine
which may extend to two hundred thousand rupees but which shall not be less
than thirty thousand rupees.
(2) Notwithstanding anything contained in
subsection (1), the person who is guilty of an offence under that subsection
shall make good the damage to the satisfaction of the Authority at his cost and
if he fails to do so, the Authority shall determine the cost involved in the
restoration of the damage and the said person shall pay the amount so
determined within the time specified by the Authority.
(3) A person who, without lawful excuse
fails or refuses to comply with any direction or order issued by the Authority
under this Act, shall be guilty of an offence punishable under section 20.
(4) A person who attempts to commit or
abets the commission of an offence punishable under this Act, shall be deemed
to have committed that offence.
22. Cognizance of offence.–
23. Summary trial.–(1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (V of
1898) but subject to subsection (3), the Court shall summarily try an
offence punishable under this Act and impose punishment of imprisonment for a
term not exceeding six months or fine not exceeding one hundred thousand
rupees.
(2) The Court shall conduct the summary trial
of an offence under the Act under Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898) relating to the summary trials.
(3) If the Court is of
opinion that the nature of the offence does not justify summary trial, it may
conduct proceedings under Chapter XX of the Code of Criminal Procedure 1898 (V
of 1898).
(4) An offence punishable under the Act
shall be tried by a Magistrate of the first class.
24. Compounding of offence.–(1) Subject to subsection (2), an officer of
the Authority specifically authorized in this behalf by the Authority may, at
any stage, compound an offence under this Act subject to the deposit of administrative penalty which shall not be less
than twenty five thousand rupees.
(2) The offences under the Act shall not be compoundable if the accused had
been previously convicted under the Act or his previous offence had been compounded by the officer authorized by
the Authority.
25. Appeals.– Any person aggrieved
by any order passed by the Authority under this Act, rules or regulations, may,
within fifteen days from the date of communication of the order, prefer an
appeal to such authority as the Government may, by notification, determine.
26. Public servants.–
The Chairperson, members of the Authority, employees, experts and consultants
of the Authority shall, when acting or purporting to act in pursuance of any of
the provisions of this Act, be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
27. Delegation of powers.– The Authority may,
with or without conditions, delegate to the Chairperson, Vice Chairperson,
Chief Executive Officer, a committee or member or employee of the Authority any
of its functions except the following functions:
(a) to frame regulations;
(b) to approve the annual budget of the
Authority;
(c) to appoint a committee or sub-committee
of the Authority;
(d) to approve policies and guidelines of
the Authority;
(e) to approve annual report of the
Authority; and
(f) to consider audit report of the
Authority.
28. Transfer of rights and
liabilities.–
(1) The Government and local governments or any other authority or agency may,
for purposes of this Act, transfer any assets, rights and liabilities in
relation to the infrastructure to the Authority on such terms and conditions as
are mutually agreed.
(2) Subject to such condition as the
Authority may approve, the Government may assign a contract made in relation to
the infrastructure to the Authority and the Authority shall be deemed to be the
successor of the Government for purposes of such contract.
29. Authentication of
instruments of Authority.– All orders, decisions and other instruments of the
Authority shall be authenticated by the signature of the Chief Executive
Officer or any other employee of the Authority authorized by the Authority.
30. Recovery of dues.–
(1) If a person fails to pay any amount due to the Authority, an employee of
the Authority authorized by the Authority shall recover the amount due from the
person as an arrear of land revenue under the Punjab Land Revenue Act, 1967
(XVII of 1967).
(2) The fine imposed or the fee charged
under this Act, the rules or the regulations shall be deposited in, and shall
form part of, the Infrastructure Development Fund.
31. Land acquisition.– The acquisition of
any land or any interest in land by the Authority under this Act shall be
deemed to be acquisition for a public purpose within the meaning of the Land
Acquisition Act, 1894 (I of 1894).
32. Powers to eject
unauthorized occupants.– The Authority may, in the manner prescribed, summarily
eject any unauthorized occupant of any part of the infrastructure or a proposed
project site thereof and remove any structure thereon, and to use such force,
including police force, as may be necessary for the purpose and to recover the
cost thereof from such unauthorized occupant.
33. Annual report.– (1) The Authority shall, within three months of
the close of a financial year, submit to the Government an annual report.
(2) The Annual report shall consist of:---
(a) the statement of accounts and audit
reports of the Authority;
(b) a comprehensive statement of the work
and activities of the Authority during the preceding financial year and its
proposed projects and schemes; and
(c) such other matters as may be prescribed
or as the Authority may consider appropriate.
(3) The
Government shall, within three months of the receipt of the annual report from
the Authority, cause it to be laid in Provincial Assembly of the
34. Indemnity.– No suit, prosecution or
other legal proceedings shall lie against the Authority, any member, officer,
consultant and other employee of the Authority, in respect of anything caused
or done or intended to be caused or done in good faith under this Act.
35. Power to make rules.–The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of this Act.
36. Regulations.– Subject to this Act and the rules, the Authority may frame
regulations for giving effect to the provisions of this Act.
37. Removal of difficulties.– If any difficulty arises in giving effect to any
provision of this Act, the Government may, within one year, make such order,
not inconsistent with the Act, as may be necessary for the removal of such
difficulty.
38. Repeal
and savings.–
(1) The Punjab Highways Authority Act, 1989 (V of 1989) is hereby repealed.
(2) Notwithstanding the repeal of the Punjab
Highways Authority Act, 1989 (V of 1989):---
(a) any action taken or order or appointment
made under the repealed Act shall be deemed to have been taken or made under
this Act; and
(b) all rights, properties, assets or
liabilities of the Punjab Highways Authority established under the repealed Act
shall stand transferred to the Authority.
39. Repeal.– The Infrastructure Development
Authority of the Punjab Ordinance, 2015 (XXV of 2015) is hereby repealed.
SCHEDULE
[see section 2(l) &
19]
|
Code No. |
Offence |
Amount of Fine in rupees |
|
1. |
Unauthorized fixing of
Khokha (kiosk), or temporary shop or extension thereof on footpaths or on
right-of-way of the roads under the control of Authority. |
Five thousand |
|
2. |
Unauthorized plying of
a handcart or donkey-cart for the sale of goods on footpaths or on
right-of-way of roads under the control of Authority. |
Five thousand |
|
3. |
Causing or knowingly
or negligently allowing the contents of any sink, sewer or cesspool or any
other offensive matter to flow, or drain to be put upon the roads under the
control of Authority, without permission in writing of the Authority. |
i. Five thousand in case
of commercial concerns; and ii. one thousand for
others. |
|
4. |
Keeping or maintaining
any cattle, without permission in writing of the Authority, in any part of
the roads under the control of Authority or failure to remove the cattle from
the said roads within the specified time. |
One thousand |
|
5. |
Obstructing or
tampering with the roads under the control of Authority, drain, electrical
system or pavement of roads of the said Authority. |
Two thousand |
|
6. |
Obstructing or
tampering with any main pipe, meter or any apparatus or appliance for the
sewerage system pertaining to roads under the control of Authority. |
Two thousand |
|
7. |
Without the previous
sanction of the Authority: a. laying out a drain or
altering any drain along the roads under the control of Authority; or b. connecting any house
drain with a drain along the roads under the control of Authority. |
Two thousand |
|
8. |
Excavation, without
the permission in writing of the Authority, of earth, stone or any other
material within such distance of the roads under the control of Authority, as
may be notified by the Authority. |
Two thousand |
|
9. |
Throwing or placing
any refuse, litter or garbage within right-of-way on the roads under the
control of Authority. |
One thousand |
|
10. |
Failure to provide for
disposal of litter or garbage inside or outside a shop at the roads under the
control of Authority. |
One thousand |
|
11. |
Failure to stop
leakages of water pipes, faucets and sanitary fittings resulting in dirty
water pools affecting road structure of the roads under the control of
Authority. |
Two thousand |
|
12. |
Exhibiting, without
the previous approval in writing of the Authority, any advertisement in any
manner, including flex, cloth banner and paper poster, on or along the roads
under the control of Authority. |
Two thousand |
[1][1]This Act was passed by the
Punjab Assembly on 03 February 2016; assented to by the Governor of the
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