Section 20 in The Punjab Infrastructure (Development & Regulation) Act, 2002
20. Functions and Powers of the Board.
(1)Subject to the limitations specified in sub-section (3), the Board shall be the apex body in the State of Punjab for overall planning for development of infrastructure sectors and infrastructure, projects.(2)The Board shall :-(i)act as a nodal agency to co-ordinate all efforts of the State Government regarding the development of the infrastructure sectors, involving private participation and funding from sources other than those provided by State budget and will, -(a)identify infra structure projects for [private participation] [Word 'privatisation' substituted by Punjab Act No. 22 of 2003.];(b)promote competitiveness and progressively involve private participation while ensuring fair deal to the consumers;(c)identify bottlenecks in the infrastructure sectors and recommend to the State Government, policy initiatives to rectify the same;(d)select, prioritise and determine sequencing of infrastructure projects;(e)formulate clear and transparent policies related to the infrastructure sectors so as to ensure that project risks are clearly identified and allocated between the state holders; and(f)identify the sectoral concessions to be offered to concessionaires to attract private participation and secure availability of viable infrastructure facilities to the consumers;(ii)prepare internally or through external consultants or service providers engaged for the purpose, all necessary documents including the bid or tender documents, draft contracts including the various contractual arrangements and incentives to be offered by the State Government ;(iii)create a Fund to be known as Punjab Infrastructure Initiative Fund, which shall vest in the Board to carry out the pre-feasibility and feasibility studies and the preparing of reports for the proposed infrastructure projects, alongwith the collection of the relevant data. The Punjab Infrastructure Initiative Fund will have contributions from the Development Fund, budgetary resources of State Government, public bodies and multilateral lending agencies and financial institutions;(iv)assist public infrastructure agencies and concessionaires in obtaining statutory and other approvals;(v)recommend the grant of concessions to a public infrastructure agency in accordance with the provisions of this Act, the rules and the regulations made thereunder ;(vi)assist in determining the level and structuring of investments of the State Government and public bodies into infrastructure projects with private participation including holding the investment or part thereof ;(vii)create special purpose vehicles for implementing infrastructure projects in terms of section 38 in coordination with the State Government or public infrastructure agencies ; and(viii)manage and administer the Development Fund and the Punjab Infrastructure Initiative Fund.(3)[ ***] [Omitted by Punjab Act No. 13 of 2017, dated 13.7.2017.](4)In order to carry out its functions consistent with the provisions of this Act, the Board shall have the powers to do all or any of the following, namely :-(i)acquire, hold, develop or construct such property, both movable and immovable, as the Board may deem necessary for the performance of any of its activities related to the development of infrastructure sectors or infrastructure projects ;(ii)advise or recommend to the State Government acquisition of land under the Land Acquisition Act, 1894 for the purposes of infrastructure projects;(iii)lease, sell, exchange, or otherwise make allotments of the property referred to in clause (i) to concessionaire and to modify or rescind allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of such allotment;(iv)borrow and raise money in such manner as the Board may think fit and to secure the repayment of any money borrowed, raised or owing by mortgage, charge, standard security, lien or other security upon the whole or any part of the Board's property or assets (whether present or future), and also by a similar mortgage, charge, standard security, lien or security to secure and guarantee the performance by the Board of any obligation or liability, it may have undertaken or which may become binding on it;(v)constitute a Project Management Team and one or more Advisory Committee or Committees or Sectoral Sub-Committee or Project Implementation Sub-Committee, or engage suitable service providers or advisors or consultants to advise the Board for the efficient discharge of its functions;(vi)enter into and perform all such contracts as it may think necessary or expedient for performing any of its functions; and(vii)do such other things and perform such other acts as it may think necessary or expedient for the proper conduct of its functions and for carrying into effect the purposes of this Act.
