Updated: Friday January 15, 2016/AlJumaa
Rabi' Thani 05, 1437/Sukravara
Pausa 25, 1937, at 07:26:58 PM
The Infrastructure
Development Authority of the
(XXV of 2015)
[24th August, 2015]
An
Ordinance
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
and, for the purpose, hiring of international and
local consultants and contractors for execution, management, operation and
maintenance thereof; and, for other purposes.
Provincial Assembly of the Punjab is not in session
and Governor of the
In exercise of the powers conferred under clause
(1) of Article 128 of the Constitution of the Islamic Republic of Pakistan,
Governor of the Punjab is pleased to make and promulgate the following Ordinance:---
1. Short title, extent and commencement.– (1)
This Ordinance may be cited as the Infrastructure Development Authority of the
Punjab Ordinance, 2015.
(2) It extends to whole of the
(3) It shall come into force at once.
2. Definitions.– In
this Ordinance:---
(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 Ordinance;
(j) “road” includes expressways, highways,
motorways, public roads, cartways 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
Ordinance; and
(l) “scheduled offence” means an offence set out in
the Schedule of this Ordinance.
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) Chief Minister,
(b) Minister for Communication & Works,
(c) three members of the Provincial Assembly of the
Chairperson
Vice Chairperson
Members
(d) at least two members from amongst the Mayors of
the Metropolitan/Municipal Corporation, Chairmen of Municipal Committees or
District Councils;
Members
(e) Chairman, Planning and Development Board of the
Government 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 Member
Department or his nominee not below the rank of an Additional Secretary;
(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;
(l) Secretary to the Government, Transport Department
or his nominee not below the rank of an Additional Secretary;
Member
Member
(m) two Divisional Commissioners; Members
(n) four technical experts; and Members
(o) Chief Executive Officer of the Authority.
Member
(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 Ordinance.
(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 Ordinance;
(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 Ordinance;
(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 Ordinance;
(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 Ordinance;
(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 Ordinance.
(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 Ordinance.
(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 subcommittees 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 reappropriate 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 Ordinance;
(d) grants and loans negotiated and raised, or
otherwise obtained, by the Authority under this Ordinance;
(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.
(5) 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 Ordinance 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
Ordinance, 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 Ordinance, 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 willfully 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 Ordinance, 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 Ordinance, 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 Ordinance 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 Ordinance 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 Ordinance 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 Ordinance subject to the deposit of administrative penalty which shall not
be less than twenty five thousand rupees.
(2) The offences under the Ordinance shall not be
compoundable if the accused had been previously convicted under the Ordinance
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 Ordinance, 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 Ordinance, 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 Ordinance, 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
Ordinance, 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
Ordinance 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 Ordinance.
35. Power to make rules.–The
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
36. Regulations.–
Subject to this Ordinance and the rules, the Authority may frame regulations
for giving effect to the provisions of this Ordinance.
37. Removal of difficulties.– If
any difficulty arises in giving effect to any provision of this Ordinance, the
Government may, within one year, make such order, not inconsistent with the
Ordinance, 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
Ordinance; and
(b) all rights, properties, assets or liabilities
of the Punjab Highways Authority established under the repealed Act shall stand
transferred to the Authority.
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 Two thousand material within such
distance of the roads under the control of Authority, as may be notified by the
Authority.
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
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