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  "id": "punjab-code-3264876566a3b059",
  "title": "PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2025",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VmZUYwEwWmNTOg--",
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  "text": "THE PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2025 \r\n(XVII of 2025) \r\nCONTENTS \r\n1. Short title, extent, applicability and commencement \r\n2.  Definitions \r\n3. Authority  \r\n4. Composition of the Authority \r\n5. Meetings of the Authority \r\n6. Functions of the Authority \r\n7. Chief Executive Officer \r\n8. Appointment of officers and staff of the Authority \r\n9. Appointment by transfer \r\n10. Constitution of PPP Working Parties \r\n11. Risk Management Unit \r\n12. Functions of an Implementing Agency \r\n13. Transparency, efficiency and economy \r\n14. Publication of annual business plan \r\n15. Powers to approve a Project \r\n16. Project support  \r\n17. Unsolicited Proposal \r\n18. Transfer of rights \r\n19. No compensation for risks not covered \r\n20. Renegotiation of PPP Contracts \r\n21. Restriction on funding PPP Project through alternate means \r\n22. Compliance with environmental standards  \r\n23. Allocation of budget \r\n24. Authority Fund \r\n25. Viability Gap Fund  \r\n26. Project Development Facility \r\n27. Budget and accounts \r\n28. Audit \r\n29. Power to exempt from taxation  \r\n30. Power to make rules  \r\n31. Power to frame regulations \r\n32. Advisory and consulting services \r\n33. Selection of Private Partners, Transaction Advisors, consultants and \r\nexperts \r\n34. Conflict of interest \r\n35. Dispute resolution  \r\n36. Termination of PPP Contract \r\n37. Land acquisition \r\n38. Powers to eject unauthorized occupants \r\n39. Recovery of costs, dues and fees \r\n40. Reward by the Authority \r\n41. Obligation to produce documents and provide information \r\n42. Power to require information from the Private Partner \r\n43. Transparency and public disclosure \r\n44. Public servants \r\n45. Immunity of the Authority and its employees \r\n46. Prior consent of the Authority with respect to certain legal actions \r\n47. Overriding effect \r\n48. Removal of difficulties \r\n49. Repeal and savings \r\n \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2025 \r\n(XVII of 2025) \r\n[24th March, 2025] \r\nAn \r\nAct \r\nto provide for promotion of Public Private Partnerships in Punjab. \r\nIt is necessary to encourage the participation of private sector in the projects of public \r\nimportance and create an enabling environment for public private partnership in the \r\nprovince and the matters connected therewith or ancillary thereto.  \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent , applicability and commencement .– (1) This Act may be \r\ncited as the Punjab Public Private Partnership Act 2025. \r\n(2) It extends to whole of the Punjab.  \r\n(3) It shall apply to all projects developed and implemented through Public \r\nPrivate Partnership in Province of the Punjab.  \r\n(4) It shall come into force at once. \r\n2.  Definitions.– In the Act:  \r\n(a) “Act” means the Punjab Public Private Partnership Act 2025; \r\n(b) “Administrative Department ” means an Administrative Department as \r\ndefined in the Punjab Government Rules of Business 2011; \r\n(c) “Authority” means the Punjab Public Private Partner ship Authority \r\nestablished under the Act; \r\n(d) “Authority Fund” means the Punjab Public Private Partnership Authority \r\nFund established under the Act; \r\n(e) “bid” means a  bid, tender or an offer, in response to an invitation, by a \r\nperson, consultant, firm, company, consortium or an organization \r\nexpressing his or its willingness  to undertake a specified task  and shall \r\ninclude all requisite parts thereof, including the technical  proposal and \r\nfinancial bid; \r\n(f) “Bidder” means a person  who submits a bid for a contract  in accordance \r\nwith the Act and rules made thereunder; \r\n(g) “Bidding Documents” include  all such invitations, advertisements, \r\nExpression of Interest Documents, Pre -Qualification Documents, Request \r\nfor Proposal Documents, and other such documents by whatever name \r\nthey are called including forms, transaction structures, requi rements, \r\nconditions, specifications, addenda, instructions, criteria, options, draft \r\ncontracts which are necessary to invite bids for selection of a Transaction \r\nAdvisor, Consultant or a Private Partner for a PPP project; \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 14 March 2025; and was assented to by Governor of the Punjab on 21 \r\nMarch 2025; and was published in the Punjab Gazette (Extraordinary), dated: 24 March 2025, pp. 3601-3617. \r\n(h) “Chief Executive Officer” means the Chief Executive Officer of the Authority \r\nappointed under the Act; \r\n(i) “company” means a company registered under the Compan ies Act, 2017 \r\n(XIX of 2017) or any other relevant law for the time being in force; \r\n(j) “concession” means grant of such reasonable rights to the Private Partner \r\nover a public property by the  Government, Government Agency, Authority \r\nor the  Implementing Agency  or assignment of such functions  as are \r\nrequired for undertaking the PPP project and performance of services in \r\naccordance with the PPP Contract under the Act; \r\n(k) “Consortium” means an association of persons who have entered into a \r\nlegally enforceable contractual arrangement for purposes of entering into a \r\nPPP Contract and have a lead member who has an authority to conduct all \r\nbusiness for and on behalf of any and all the members of the Consortium \r\nand where all the members of the Consortium are jointly and severally \r\nliable to the Implementing Agency for the performance of the PPP Contract; \r\n(l) “construction” includes construction, reconstruction, rehabilitation, \r\nrenovation, improvement, expansion, addition, alteration, and other related \r\nactivities; \r\n(m) “contingent liability ” means a potential obligation that may be incurred \r\ndepending on the outcome of a future event related to a PPP Project; \r\n(n) “cure period” means such period as is allowed in the PPP Contract to either \r\nparty to take remedial measures to rectify its default of the contractual \r\nobligations upon notice from the other party; \r\n(o) “Government” means Government of the Punjab; \r\n(p) “Implementing Agency”  means an Administrative Department or an \r\nattached department of the Government, a local Government, o r an \r\nauthority, a body corporate, statutory body, or a corporation wholly or \r\nmajorly owned or controlled by the Government responsible to implement a \r\nproject under the Act; \r\n(q) “inflation indexing ” means the adjustment of costs and prices to \r\ncompensate for the inflationary impact in accordance with the PPP \r\nContract; \r\n(r) “interest rate indexing ” means the adjustment of costs and prices to \r\ncompensate for the  impact due to change in  interest rate in accordance \r\nwith the PPP Contract; \r\n(s) “investment” includes development and pre -operative capital expenditures \r\nmade or incurred on services, land, construction and equipment; \r\n(t) “lender” means a financial institution as defined in the Financial Institutions \r\n(Recovery of Finances) Ordinance, 2001 (XLVI of 2001) or an \r\nestablishment providing loan or financial support to the Private Partner for \r\nthe implementation of a PPP project with or without security; \r\n(u) “local Government” means a local Government as defined in the Punjab \r\nLocal Government Act 2022 (XXXIII of 2022) or any other law for the time \r\nbeing in force; \r\n(v) “Member” means a Member of the Authority; \r\n(w) “Parties” when referred collectively include the Implementing Agency and \r\nthe Private Partner; \r\n(x) “person” includes a company, statutory body, entity, firm, association of \r\npersons, body of individuals, corporation, or a sole proprietor; \r\n(y) “PPP Contract ” means a contract between th e Government represented \r\nthrough an Implementing Agency and the Private Partner , whereby, the \r\nPrivate Partner agrees to undertake a project under the Act or provide such \r\nservices or perform such tasks, as agreed  and shall include any other  \r\ncontracts subsidiary or incidental thereto; \r\n(z) “PPP Node” means a unit, having requisite technical, legal, financial, and \r\nsuch expertise as may be required ; established by an Administrative \r\nDepartment or an Implementing Agency, to perform such tasks pertaining \r\nto PPP Projects as may be required under the Act; \r\n(aa) “project” means a public project implemented on Public Private Partnership \r\nbasis under the Act; \r\n(bb) “prescribed” means prescribed by the rules or regulations  made or framed \r\nunder the Act;  \r\n(cc) “Private Partner” means the Private Party selected to carry out the project \r\nunder the Act; \r\n(dd) “Project Development Facility ” means the facility established by the \r\nAuthority under the Act to finance the structuring of PPP projects  including \r\nthe development of Project Proposals, engagement of  transaction advisors \r\nand consultants and other ancillary matters for PPP Projects; \r\n(ee) “Project Proposal” includes feasibilities, estimates,  reports, financial, \r\neconomic and business models,  option analyses, technical specifications, \r\ndrawings, surv eys, impact assessments, legal and regulatory framework \r\nand risk assessments, likely environmental, social and other impact \r\nassessments, data and data projections  or like reports by whatever name \r\nthey are called , etc. required for assessing the viability, sustainability and \r\nsuitability of a project to be implemented under the Act; \r\n(ff) “Public Private Partnership” means a contractual relationship  between the \r\nImplementing Agency and a Private Partner to undertake a project under \r\nthe Act or provide such services or perform such tasks, as agreed  whereby \r\nthe Private Partner: \r\n(i) performs part of an Implementing Agency’s functions on behalf of it;  \r\nor  \r\n(ii) assumes the responsible use of public property for a project; or \r\n(iii) assumes substantial financial, technical and operational risks in \r\nconnection with performance of certain functions of the \r\nImplementing Agency or the responsible use of public property; or \r\n(iv) receives a benefit for performing the Implementing Agency’s \r\nfunctions or from utilizing the public property, either by way of: \r\n(a) consideration to be paid by the Implementing Agency from its \r\nbudget or revenue; or \r\n(b) charges or fees to be collected by the Private Partner from \r\nusers or customers of a service provided to them; or \r\n(c) a combination of such consideration and such charges or \r\nfees; \r\n(gg) “regulations” means the regulations framed under the Act; \r\n(hh) “risk” means any event or circumstance affecting  or likely to affect the \r\nproject adversely in performance, costs and fulfillment of any contractual \r\nobligation related thereto including but not limited to design, construction, \r\nfinancing, operation or maintenance; \r\n(ii) “Risk Management”  means the process of identifying, assessing, and \r\nprioritizing risks followed by coordinated efforts to minimize, monitor, and \r\ncontrol the probability and impact of risks; \r\n(jj) “rules” means the rules made under the Act; \r\n(kk) “Secretary” means Secretary of the Authority; \r\n(ll) “Standby Letter of Credit”  means the  legal instrument  guaranteeing \r\npayments to the Private Partner in accordance with the PPP Contract; \r\n(mm) “Transaction Advisor” means a person or association of persons appointed \r\nto provide technical, financial, and legal advisory services for the \r\nstructuring of PPP Projects, development of Project Proposal, preparation \r\nof Bidding Documents and other ancillary matters; \r\n(nn) “Unsolicited Proposal” means a proposal for a PPP project that is initiated \r\nby a Private Party  without a formal request from the Government or a \r\nGovernment Agency; \r\n(oo) “Value for Money ” means the optimal combination of quality, cost, and \r\nefficiency to meet the project objectives; and \r\n(pp) “Viability Gap Fund” means the fund established by the Authority under the \r\nAct to support the Private Partner in undertaking the project including but \r\nnot limited to  funds for covering revenue shortfalls by means of grants, \r\nsubsidies, guarantees, or any other mode approved by the Authority. \r\nCHAPTER II \r\nINSTITUTIONAL ARRANGEMENTS \r\n3. Authority.– (1) There shall be an Authority to be known as the Punjab Public \r\nPrivate Partnership Authority for carrying out the purposes of the Act. \r\n(2) The Authority shall be  a body corporate having perpetual succession and \r\ncommon seal with power to enter into contracts, to acquire and hold property both \r\nmovable and immovable, and shall, by its name, sue and be sued. \r\n(3) The headquarters of the Authority shall be at Lahore and i t may establish \r\nits offices at such other place or places as it may consider appropriate.  \r\n4. Composition of the Authority.– (1) The Authority shall comprise the following:  \r\n(a) Chief Minister, Punjab. Chairperson \r\n(b) Minister for Planning and Development or any \r\nother Minister nominated by the Chief Minister. \r\nVice Chairperson \r\n(c) Chairman, Planning and Development Board or \r\nhis nominee not below the rank of Additional \r\nSecretary. \r\nMember \r\n(d) Secretary to the Government, Finance \r\nDepartment or his nominee not below the rank \r\nof Additional Secretary.  \r\nMember \r\n(e) Secretary to the Government, Law and \r\nParliamentary Affairs Department or his \r\nnominee not below the rank of Additional \r\nMember \r\n \r\nSecretary. \r\n(f) Two members of Provincial Assembly of the \r\nPunjab, including one female member to be \r\nnominated by the Speaker, of the Assembly. \r\n \r\nMembers \r\n(g) three experts from private sector such as from \r\nthe field of public private partnership, finance, \r\nlaw, engineering or environment. \r\nMember \r\n(h) Chief Executive Officer. Member/Secretary \r\n(2) The Members at clause ( g) of sub -section (1)  shall be appointed by the \r\nGovernment for a period of two years  who may be eligible for re -appointment for one \r\nadditional term and they shall: \r\n(a) have relevant educational qualification; \r\n(b) be of known integrity and repute; and  \r\n(c) possess relevant experience. \r\n(3)  The Members at clause (g): \r\n(a) shall hold office during the pleasure of the Government;  \r\n(b) may, on the directio n of the Government, continue to perform his functions \r\neven after expiry of his term till his successor is appointed;  \r\n(c) may, at any time, resign from his office by a written noti ce addressed to the \r\nChairperson; and \r\n(d) shall not be appointed for more than two consecutive terms. \r\n5. Meetings of the Authority .- (1) The Chairperson and, in his absence, the Vice \r\nChairperson shall preside over a meeting of the Authority and in absence of both, the \r\nmeeting shall be presided  over by a Member nominated for the purpose by the \r\nChairperson. \r\n(2) The Authority shall meet once in every four months and otherwise as often \r\nas may be necessary for implementation of the provisions of the Act. \r\n(3) Five Members shall constitute the quorum for the meeting of the Authority. \r\n(4) The meeting of the Authority, where a Project Proposal or matters related \r\nto a project pertaining to a n Administrative D epartment, is being considered, shall be \r\nattended by the Secretary of such department of the Implementing Agency  or his \r\nrepresentative not below the rank of Additional Secretary. \r\n(5) The Authority may co -opt any person as an expert in the relevant field, \r\nhowever, such co-opted person shall not has any right to vote. \r\n(6)  No act or proceeding of the Authority shall be invalid merely by \r\nreason of any vacancy or defect in the constitution of the Authority. \r\n(7) A meeting of the Authority may be called if:  \r\n(a) required by the Chairperson or the Vice Chairperson; or \r\n(b) requisitioned by two-third Members of the Authority; or  \r\n(c) approved by the Chairperson upon the request of the Secretary.   \r\n(8) The agenda of a meeting shall be approved by the Chairperson. \r\n(9) In case of urgency, the Secretary may seek approval of a proposal through \r\nits circulation among the Members and in case no opinion is received from a Member \r\nwithin forty-eight hours of its circulation, it shall be considered that such Member has no \r\nobjection to its approval.  \r\n(10) The approvals granted through circulation shall be presented before the \r\nAuthority in its next meeting occurring after the decision for information and ratification.  \r\n6. Functions of the Authority.– (1) Subject to the Act, the Authority may take such \r\nmeasures, exercise such powers and perform such functions as may be necessary for \r\nthe purposes of the Act. \r\n(2) Without prejudice to the generality of the powers conferred by sub -section \r\n(1), the Authority may: \r\n(a) advise the Government on policy matters pertaining to Public Private \r\nPartnership to create an enabling environment with regard thereto; \r\n(b) approve a Project for its implementation under the Act or pass such order s \r\nwith regard thereto, as it may deem appropriate; \r\n(c) cause such technical, legal , financial, risk and  other appraisals, analyses, \r\nassessments and evaluations to be conducted for projects unde r the Act, \r\nas may be necessary; \r\n(d) prepare its annual budget; \r\n(e) make payments out of the Authority Fund in the prescribed manner; \r\n(f) approve Viability Gap Fund  and Proj ect Development Facility  for PPP  \r\nprojects and project concepts respectively, in the prescribed manner; \r\n(g) cause such appraisals and evaluations to be conducted as may be \r\nnecessary to assess a Project Concept for its qualification to receive \r\npayments out of Project Development Facility; \r\n(h) cause such appraisals and evaluations to be conducted as  may be \r\nnecessary to assess a P roject under the Act for its qualification to receive \r\npayments out of Viability Gap Fund and other project support; \r\n(i) authorize a n Implementing Agency  to enter into a PPP Contract with a \r\nPrivate Party, subject to the terms and conditions as it may approve; \r\n(j) subject to the PPP Contract, approve the transfer of an interest in a Project \r\nor part thereof under the Act, to a Private Partner or a nominee thereof by  \r\ntransfer, assignment, conveyance, lease, grant, licensing, authorization or \r\notherwise; \r\n(k) require such reports to be prepared by Administrative Departments,  \r\nImplementing Agenc ies, Transaction Advisors, Consultants and Private \r\nPartners, which are required for  monitoring and evaluatio n of the projects \r\nunder the Act; \r\n(l) subject to the PPP Contract, approve to take over an interest in a Project or \r\npart thereof from the Private Partner  or a nominee thereof, by transfer, \r\nassignment, conveyance, lease, grant, surrender or otherwise; \r\n(m) approve regulations and guidelines for carrying out the purposes of the Act; \r\n(n) appoint such officers and delegate them such powers as may be necessary \r\nto achieve the purposes of the Act; \r\n(o) establish directorates, wings and offices and delegate t hem functions and \r\npowers as are necessary for the purposes of the Act; \r\n(p) assign such roles, responsibilities and tasks to Government Departments \r\nand their attached agencies as may be necessary, to ac hieve the \r\nobjectives of the Act; \r\n(q) appoint Transaction Advisors, technical, professional and other experts, \r\nadvisors, agents and consultants including but not limited to accountants, \r\nauditors, bankers, engineers, lawyers, valuators for the Authority and \r\nprojects implemented, under the Act; \r\n(r) enter in to and perform such contracts with local and international \r\norganizations as may be necessary for carrying out the purposes of the \r\nAct; \r\n(s) levy, collect or cause to be collected tolls, tariffs, rents, user fees or any \r\nother charges on the use of the infrastructure developed under the Act; \r\n(t) impose such penalties on a Private Partner , Transaction Advisor or \r\nconsultant as it deems appropriate on account of a breach or failure to fulfil \r\nhis obligations under the contract; \r\n(u) define permissible uses of the infrastructure developed under the Act;  \r\n(v) acquire or dispose of property or any interest in the property; \r\n(w) subject to the approval of the Government, raise finances for the projects \r\nimplemented under the Act, through financial instruments including but not \r\nlimited to Bonds, Suk uk, T -bills, Securities, Funds and establish \r\nInfrastructure Finance Company , if requir ed, subject to applicable laws, \r\nestablish such other funds, trusts, schemes, companies or facilities  as are \r\nrequired for the purpose of carrying out the functions under the Act; \r\n(x) establish committees and delegate them such functions and powers as are \r\nnecessary to achieve the objectives of the Act; \r\n(y) invest amounts out of the  Authority Fund, the Viability Gap Fund and the \r\nProject Development Facility; and \r\n(z) perform such other functions as may be conferred on it under th e Act, the \r\nrules made thereunder and any other law for the time being in force. \r\n7. Chief Executive Officer .– (1) The Government may appoint a person having \r\nsuch qualifications, experience and other requirements, as may be determined by the \r\nAuthority, as the Chief Executive Officer of the Authority on such terms and conditions as \r\nthe Authority may determine.  \r\n(2) The Chief Executive Officer shall: \r\n(a) be responsible for implementation of the decisions of the Authority; \r\n(b) exercise such powers and perform such functions as the Authority may \r\nassign or delegate to him; \r\n(c) be the principal accounting officer of the Authority; \r\n(d) be the head of the management and office of the Authority; \r\n(e) be responsible for operations and administration of the Authority; and \r\n(f) has such powers pertaining to matters of appointment, transfer, promotion, \r\ndismissal of staff; budget making, finances, development, technical and \r\nother matters affecting the business of the Authority as may be prescribed \r\nor as may be delegated to him by the Authority. \r\n(3) Notwithstanding the provisions of sub -section (1),  Government may post, \r\nby transfer, a civil servant not below the rank of BS 19 as the Chief Executive Officer and \r\nthe terms and conditions of his appointment shall not be less favourable than those \r\nadmissible to him immediately before his transferring to the Authority. \r\n8. Appointment of officers and staff of the Authority .– (1) The Authority may \r\nappoint such officers, employees, experts, advis ors, consultants, members of staff and \r\nother persons as it considers necessary for the efficient performance of its functions on \r\nsuch terms and conditions and in such manner as the Authority may prescribe or till such \r\ntime as determined by the Authority. \r\n(2) The officers, employees, experts, advis ors, consultants, members of staff \r\nand other persons appointed by the Authority, shall not be  the civil servants within the \r\nmeaning of the Punjab Civil Servants Act, 1974 (VIII of 1974). \r\n(3) The officers, employees, experts, advis ors, consultants, members of staff \r\nand other persons appointed by the Authority when acting or purporting to act under any \r\nof the provisions of the Act  or rules made thereunder shall be deemed to be public \r\nservants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).  \r\n9. Appointment by transfer .– (1) The Government may transfer the services of a \r\nGovernment employee to the Authority on such terms and conditions as approved by the \r\nAuthority which shall not be less favo urable than those admissible to him immediately \r\nbefore his transfer to the Authority. \r\n(2) An employee transferred under sub -section (1) shall continue to be the \r\nemployee of the Government and liable to be transferred back as and wh en required by \r\nthe Government. \r\n10. Constitution of PPP Working Parties .– The Government may constitute PPP \r\nWorking Parties  at Provincial, Departmental, Divisional and District levels to perform \r\nsuch functions  with regard to PPP projects subject to such limitations, as may be \r\nprescribed. \r\n11. Risk Management Unit .– (1) There shall be a Risk Management Unit in the \r\nFinance Department to act as a fiscal guardian for the projects implemented under the \r\nAct.  \r\n(2) The Risk Management Unit shall:  \r\n(a) subject to the approval of the Authority, d evelop risk management \r\nguidelines for projects to be implemented under the Act; and \r\n(b) support and advise the Authority or any Implementing Agency with regard \r\nto assessment, evaluation,  management and apportionment  of risks in a \r\nproject throughout the project lifecycle. \r\n(3) The Risk Management Unit shall also assist the Authority on a Project with \r\nregard to:  \r\n(a) its fiscal and contingent liability exposure; \r\n(b) its financial and business models; \r\n(c) its transaction structure  and consistency with the Act and rules made \r\nthereunder; \r\n(d) identification, distribution and apportionment of risks between the partners \r\nand their mitigation; \r\n(e) its financial and economic sustainability; and \r\n(f) inclusion of project support. \r\n(4) The Risk Management Unit shall also: \r\n(a) watch the interest of the Government and the Authority against potential \r\nrisks involved in a Project; \r\n(b) advise the Government on budgetary requirements of Projects \r\nimplemented under the Act; and \r\n(c) perform such other functions as may be prescribed or as the Authority may \r\ndetermine.  \r\n(5) The Risk Management Unit may require any information from the  \r\nImplementing Agency, Administrative Department , an Attached D epartment, a local \r\nGovernment, Statutory Body or a Body Corporate , owned by the Government, for the \r\nsaid purpose. \r\n12. Functions of an Implementing Agency.– (1) An Implementing Agency shall be \r\nresponsible to identify, develop and implement a Project under the Act and the rules \r\nmade thereunder and its role shall include but not be limited to: \r\n(a) identification of projects; \r\n(b) preparation of Project Concepts; \r\n(c) development of Project Proposals; \r\n(d) collection of data;  \r\n(e) undertaking project feasibilities; \r\n(f) selection of Transaction Advisors; \r\n(g) estimation of Project Development Facility and Viability Gap Fund; \r\n(h) invitation of bids , preparation of draft Bidding Documents, draft \r\nPrequalification Documents and draft PPP Contracts; \r\n(i) procurements related to the projects; \r\n(j) negotiating and entering into PPP Contracts; and \r\n(k) implementation of the projects and their monitoring and evaluation.  \r\n(2) The Implementing Agency shall also be responsible to take over the project \r\nafter completion of the PPP Contract period, unless otherwise provided.  \r\n(3) Without prejudice to the generalit y of sub-section (1), the Authority  or the \r\nPPP Working Party may assign additional responsibilities to an Implementing Agency or \r\nthe rules may be framed for prescribing its role. \r\n(4) The Authority  or the PPP Working Party  may assign the role of \r\nImplementing Agency  for a P roject to any Government Department, or an attached \r\ndepartment of the Government, a local Government, or an authority, a body corporate, \r\nstatutory body, or a corporation wholly or majorly owned or controlled by the Government \r\nat any stage before the signing of the contract, as it deems appropriate. \r\n(5) The Implementing Agency may establish a PPP Node for undertaking \r\nProjects under the Act.  \r\nCHAPTER III \r\nPROJECT IMPLEMENTATION \r\n13. Transparency, efficiency and economy.– (1) All Projects shall be implemented \r\nin a transparent, efficient and an economical manner so as to bring value for money.  \r\n(2) All contracts under the Act shall be awarded through a competitive process, \r\nin the prescribed manner, unless specifically provided otherwise. \r\n(3) Subject to the Act and the rules made there under, the Implementing \r\nAgency may enter into PPP Contract  with Private Partner  on the approved terms and \r\nconditions. \r\n14. Publication of annual business plan.– Subject to the approval of the \r\nGovernment, the Authority shall, in consultation with the Administrative Department s, \r\nprepare and publish an annual business plan for PPP projects. \r\n15. Powers to approve a Project .– (1) The Authority shall have full powers to \r\napprove a Project without any limitation.  \r\n (2)  Subject to the Act and the rules made thereunder, the approvals granted by \r\nthe Authority or a PPP Working Party shall be final and the Projects duly approved, shall \r\nnot require any further approval and concurrence from Government or any other forum.  \r\n(3) The approval of the project shall be deemed to include the approval of all \r\nmatters ancillary thereto, including but not limited to terms and conditions, concessions, \r\nProject P roposal, alignment, project support. However, the Implementing Agency shall \r\nbe responsible to fulfil the legal, procedural and codal requirements, necessary to give \r\neffect to the approval. \r\n16. Project support.– Subject to the Act and the rules made thereunder, such project \r\nsupport may be provided  for implementation of a Project under the Act , as may be \r\nnecessary to make the project fina ncially and economically viable and  such project \r\nsupport may include, administrative and financial support, exemption from procedural \r\nrequirements, concessions, licensing and collection rights, tax cuts or exemptions, \r\nprovision of utilities and  land rights, fiscal commitments,  funding out of Viability Gap \r\nFund, subsidies, grants, loans, minimum usage  or revenue guarantees, Standby Letter \r\nof Credit,  commitment to take contingent liabilities, protection against revision of tax \r\nrates, inflation  indexing, exchange rate and interest rate indexing, right to use \r\nGovernment assets, transfer of Government functions and such other support as may be \r\ndetermined under the rules. However, tax cuts or exemptions, protection against revision \r\nof tax rates  and Standby Letter of Credit  shall only be included as a project support \r\nsubject to the approval of Government. In case of a Federal tax or duty, such exemption \r\nshall be subject to the approval of the Federal Government.  \r\n17. Unsolicited Proposal .– (1) A Private Party  may a lso submit a proposal for a \r\nProject on unsolicited basis to an Implementing Agency. \r\n(2) The award of contract on an Unsolicited Proposal  shall be through \r\ncompetitive process in such manner as may be prescribed. \r\n(3) The advantages to the Proponent of an Unsolicited Proposal  may also be \r\nprescribed through rules to encourage the submission of Unsolicited Proposals. \r\n18. Transfer of rights.– (1) The Project and its movable and immovable properties,  \r\nphysical assets, licenses, goodwill, trademarks, patents, leases, rights including \r\nintellectual property rights and interests associa ted with the project shall be vested in \r\naccordance with the PPP Contract, during the tenure of the PPP Contract: \r\n(a) provided that, where such rights have  been vested in the Private Partner  \r\nfor the tenure of the PPP Contract, the Private Partner shall not create any \r\nlien, charge or encumbrance, in favour of the lenders, over the movable \r\nand immovable properties of the project, thus vested, as collateral, unless \r\nspecifically approved by the Authority  or the relevant PPP Working Party ; \r\nand \r\n(b) provided further that after the expiry of the PPP Contract, all the properties \r\nas aforesaid shall stand transferred, without any lien, charge or \r\nencumbrance, to the Government or the Implementing Agency  or the \r\nAuthority in accordance with the PPP Contract, unless otherwise provided. \r\n(2) Subject to the PPP Contract, the Project may vest in the Private Partner for \r\na period not exceeding thirty years and on expiry of such period, the project shall vest in \r\nthe Government or Authority or the Implementing Agency, as the case may be. \r\n19. No compensation for risks not covered.– The Implementing Agency  shall, as \r\nfar as possible, disclose potential risks in a Project in the Bidding Documents. However, \r\nthe Authority, the PPP Working Party, the Risk Management Unit, Implementing Agency \r\nor a person working on their behalf shall not be held liable for any claim for a risk, which \r\nis not specified therein. \r\n20. Renegotiation of PPP Contracts.– The Authority, in case of a contract , where \r\ncircumstances are beyond the control of Implementing Agency and the Private Partners; \r\nwhich could not be foreseen at the time of entering into the PPP Contract, have rendered \r\nthe implementation of original PPP Contract impossible, may, for reasons to be recorded \r\nin writing, allow re -negotiation of PPP Contract  on such terms and conditio ns, as it \r\nconsiders necessary. \r\n21. Restriction on funding PPP Project through  alternate means.– A project, for \r\nwhich funding out of Project Development Facility has been approved or a project which \r\nis otherwise, approved by the Authority for its implementation as a PPP project under the \r\nAct, shall not be eligible for funding out of public money including Annual Development \r\nProgram and Public Sector Development Pr ogram, unless other wise decided by the \r\nAuthority. \r\n22. Compliance with environmental standards .– All Projects implemented under \r\nthe Act and actions taken with regard there to, by the Authority, Implementing Agency  \r\nand the Private Partner  shall be compliant to the environmental laws and standards \r\nnotified from time to time.  \r\nCHAPTER IV \r\nFINANCE \r\n23. Allocation of budget.– (1) The Government shall pl ace, each year, adequate \r\nbudget, not less than th at allocated during the preceding year, for funds mentioned at \r\nsections 24, 25 and 26 at the disposal of the Authority for the projects to be implemented \r\nunder the Act.  \r\n(2)  The Authority  may re-appropriate budget from one f und to the other on \r\nneed basis or delegate such powers. \r\n(3) Every year, a certain percentage of the development portfolio of a sector \r\nshall be implemented on PPP basis. The Government may, from time to time, determine \r\nthe said percentage for a sector.  \r\n(4) The development projects which are commercially viable and suitable for \r\nimplementation as a PPP Project shall preferably be implemented on PPP basis instead \r\nof Annual Development Program.  \r\n24. Authority Fund.– (1) There shall be a fund to be known as the Punjab Public \r\nPrivate Partnership Authority Fund which shall be maintained, managed, controlled and \r\nadministered by the Authority in the manner as may be prescribed through rules. \r\n(2)  The Authority Fund shall consist of: \r\n(a) sums as the Government may from time to time grant or lend , for the \r\npurpose; \r\n(b) sums charged from Private Partners in accordance with the PPP Contract,  \r\nfor PPP projects approved by the Authority ; in case such sums exceed one \r\npercent of the total project cost , the excess amount may be transferred to \r\nViability Gap Fund or Project Development Facility, as the Authority  may \r\ndetermine; \r\n(c) income and profit from investments by the Authority; \r\n(d) fees charged for the services rendered by the Authority; \r\n(e) grants or funds provided by International Agencies, subject to the approval \r\nof the Government; and \r\n(f) all other sums which may in any manner become payable to or vested in \r\nthe Authority.  \r\n(3) The Authority shall meet its operational expenses from the Authority Fund.  \r\n(4) The Authority may suitably invest surplus amount of the Authority Fund  in \r\nsuch manner as may be prescribed through rules. \r\n25. Viability Gap Fund.– (1) There shall be a fund  to be known as the Viability Gap \r\nFund which shall be maintained, managed, controlled and administered by the Authority \r\nin the manner as may be prescribed through rules.  \r\n(2)  The Viability Gap Fund shall receive sums from: \r\n(a) budgetary releases, development or non -development, from the \r\nGovernment, for the purpose; \r\n(b) grants by the Federal, Provincial Governments or any Governmental \r\nAgency, for the purpose; \r\n(c) funds placed by the Government at the disposal of the Authority, for the \r\npurpose; and \r\n(d) loans, grants, funds and contributions received from International Agencies, \r\nfor the purpose, subject to the approval of the Government. \r\n(3) The Government shall replenish the Viability Gap Fund from time to time.  \r\n(4) The Viability Gap Fund shall be utilized, inter alia, to provide support to the \r\nprojects determined by the Authority to be economically or socially justified but not \r\nfinancially viable.  \r\n26. Project Development Facility.– (1) There shall be a facility to be known as the \r\nProject Development Facility which shall be , maintained,  managed, controlled and \r\nadministered by the Authority in such manners as may be prescribed through rules.  \r\n(2) The Project Development Facility shall receive sums from: \r\n(a) budgetary releases, development or non -development, from the \r\nGovernment, for the purpose; \r\n(b) grants by the Federal, Provincial Governments or any Governmental \r\nagency, for the purpose; \r\n(c) funds placed by the Government at the disposal of the Authority, for the \r\npurpose; \r\n(d) loans, grants, funds and contributions received from International Agencies, \r\nfor the purpose, subject to the approval of the Government. \r\n(3) The Project Development Facility shall be utilized, inter alia, to support the \r\ndevelopment of Project Proposals, preparation of Bidding Documents and other ancillary \r\nmatters for potential PPP projects. \r\n(4) The money spent on the preparation of a proposal, out of the Project \r\nDevelopment Facility, shall be reimbursed by the Private Partner  to the Project \r\nDevelopment Facility before the start of the commercial operations of the project \r\ndeveloped thereof.  \r\n(5) The Government shall replenish the Project Development Facility from time \r\nto time. \r\n27. Budget and accounts .– (1) The Authority shall maintain proper accounts and \r\nother records relating to its financial affairs including its income and expenditures, and its  \r\nassets and liabilities in the manner determined by Finance Department  of the \r\nGovernment.  \r\n(2) The Authority shall maintain its accounts in such manners as may be \r\nprescribed through the rules. \r\n(3) The Authority shall , upon the conclusion of a financial year, cause to be \r\nprepared for each financial year, its statements of accounts  which shall include a \r\nbalance sheet and an account of income and expenditure. \r\n(4) No expenditure for which provision has not been made in the approved \r\nbudget shall be incurred without prior approval of the Authority. \r\n28. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts of \r\nthe Authority.  \r\n(2) The Authority shall, if required, take appropriate remedial or other actions in \r\nthe light of the audit reports prepared by the Auditor General of Pakistan. \r\n(3) The Authority, in addition to the audit under sub -section (1), may cause the \r\naccounts of the Authority annually audited by a Chartered Accountant or a firm of \r\nChartered Accountants. \r\n(4)  The auditor appointed under sub-section (3) shall: \r\n(a) be provided such access to the books, accounts and other documents as \r\nmay be considered necessary for the audit of accounts; and \r\n(b) authenticate balance sheet, income and expenditure statement of the \r\nAuthority before issuance. \r\n(5) The auditor shall submit the annual or any special audit report to the \r\nAuthority, and the Authority shall take appropriate remedial or other action in the light of \r\nthe audit report. \r\nCHAPTER V \r\nMISCELLANEOUS \r\n29. Power to exempt  from taxation .– The Government, from time to time,  may \r\nexempt PPP Projects from provincial taxes or grant such waivers as  it deems \r\nappropriate.  \r\n30. Power to make rules .– The Government shall, by notification in the official \r\nGazette, make rules for carrying out the purposes of the Act.   \r\n31. Power to frame regulations .– Subject to the Act, t he Authority may  frame \r\nregulations, not inconsistent with the Act and the rules made thereunder, for carrying out \r\nthe purposes of the Act. \r\n32. Advisory and consulting services.– The Authority may provide advisory and \r\nconsulting services to other  agencies, Governments, local Governments, bodies \r\ncorporate, statutory bodies, and corporations and charge fees for the services provided. \r\n33. Selection of Private Partners,  Transaction Advisors, consultants and \r\nexperts.– Notwithstanding anything contained in any other law for the time being in force \r\nand the rules made thereunder, the Government may prescribe through rules or \r\notherwise determine the manner, method and procedures for: \r\n(a) selection of Private Partners in connection with PPP Projects or certain \r\nclasses thereof; \r\n(b) selection of Transaction Advis ors in connection with PPP P rojects or \r\ncertain classes thereof; and \r\n(c) engagement of International Financial Institutions as Transaction Advisors \r\nfor certain PPP projects or classes thereof, on such terms and co nditions \r\nas prescribed therein. \r\n34. Conflict of interest .– (1) A Member shall not, directly or indirectly, receive any \r\nprofit from his position as a Member except the reasonable expenses incurred by him in \r\nthe performance of his duties. \r\n(2) The pecuniary interests of immediate family members or close personal or \r\nbusiness associates of a Member or an officer working in pursuance of the Act shall also \r\nbe considered the pecuniary interests of the Member or the officer. \r\n(3) A Member or an officer working in pursuance of the Act or the rules made \r\nthereunder, shall be in conflict of interest if, for a PPP Project, he: \r\n(a) is or has been an employee, or a paid consultant of a Bidder or a \r\nConsortium or lender of the Bidder or Consortium; or \r\n(b) owns, controls, or has  or had direct or indirect interest in a business \r\nventure of a Bidder or a member of a Consortium; or \r\n(c) receives or had received any income from a business venture of a Bidder \r\nor a member of a Consortium; or \r\n(d) himself, or one or more members of his family, business partners or close \r\npersonal associates, may personally ben efit either directly or indirectly, \r\nfinancially or otherwise, from his position. \r\n(4) A Member shall disclose a potential, real or perceived conflict of interest as \r\nsoon as he becomes aware of the conflict to the Authority, through its Secretary.  \r\n(5) If a Member is not certain about the conflict -of-interest situation, he shall \r\nbring the matter before the Authority for advice and the decision of the Authority thereon \r\nshall be final.  \r\n(6) A Member shall not take part in the proceedings of the Authority in which \r\nany question of his conflict of interest is being discussed.  \r\n(7) The disclosure of conflict of interest and the decision of the Authority \r\nthereof, shall be recorded in writing. \r\n(8) A person or an association of persons providing consulting or transacti on \r\nadvisory services for a Project shall be in conflict of interest if for the same Project he is:  \r\n(a) submitting a bid or is a part of a Bidder or a Consortium; or \r\n(b) is an employee, or a paid consultant of a Bidder or a Consortium or lender \r\nof the Bidder or Consortium.  \r\n35. Dispute resolution.– The disputes shall be decided in accordance with the laws \r\nof Pakistan and pursuant to the Arbitration Act, 1940 (X of 1940), or  any other relevant \r\nlaw for the time being in force or the law as may be specified in the PPP Contract . \r\nHowever, in case of foreign equity  or foreign debt investments, the PPP Contract may \r\nprovide for international commercial arbitration, at a mutually agreed venue subject to \r\napproval of the Government.  \r\n36. Termination of PPP Contract .– (1) A Public  Private Partner ship contract shall \r\nonly be terminated by either party subject to notice of breach, allowing cure period to the \r\nother party and a notice of termination in accordance with the PPP Contract.  \r\n(2) A PPP Contract may be terminated: \r\n(a) by the Private Partner , when the Implementing Agency  fails to fulfill the \r\nmajor obligations under the PPP Contract even after the service of notice \r\nand passing of cure period provided in the PPP Contract; \r\n(b) by the Implementing Agency  when the Private Partner  fails to  fulfill the \r\nmajor obligations under the PPP Contract or fails to  perform the contract \r\nwholly or in part or comply with the terms of the  PPP Contract or fails to \r\nachieve the milestones and maintain the standards as set out in the PPP \r\nContract and has failed to take remedial actions beyond the cure period. In \r\nsuch a case, the Implementing Agency may, subject to the approval of the \r\nAuthority, either takeover the project and assume the related liabilities or \r\nallow the lenders of the Private Partner to exercise their rights and interests \r\nas specified in the loan agreement and replace the Private Partner with a \r\nsubstitute Private Party subject to the approval of the Authority or takeover \r\nthe project and auction the remaining term of the PPP Contract  in a \r\ncompetitive manner and apply the proceeds to pay the debts of the Private \r\nPartner or invoke such other contractua l remedies including liquidated  \r\ndamages which fairly cover the l oss incurred by the Government or the \r\nAuthority or the Implementing Agency, as the case may be; \r\n(c) unilaterally by the Government acting in the Public interest but  in such a \r\ncase the Government shall suitably compensate the Private Partner for its \r\ninvestments made in the project including any debts incurred and a sum \r\nwhich fairly represents the lost profits on such investments; and \r\n(d) by the occurrence of a force majeure, subject to consent of both parties. In \r\nsuch case, the rights and liabili ties shall be allocated in accordance with \r\nrisk and compensation formula set forth in the PPP Contract. \r\n(3) Major obligations on behalf of either party in  clause (a) and (b) of sub -\r\nsection (2) are those obligations which render the implementation of the project \r\nimpossible by other party.  \r\n37. Land acquisition .– The acquisition of any land or any interest in land by the \r\nAuthority under the Act shall be deemed to be acquisition for a public purpose within the \r\nmeaning of the Land Acquisition Act, 1894 (I of 1894). \r\n38. Powers to eject unauthorized occupants .– The Authority may, summarily eject \r\nany unauthorized occupant of any part of the infra structure or a proposed project site \r\nthereof and remove any structure thereon, and use such force, including police force, as \r\nmay be necessary for the purpose and recover the cost thereof from such unauthorized \r\noccupant. \r\n39. Recovery of costs, dues and fee s.– (1) In case of failure by a Private Partner to \r\npay sums including but not limited to costs, dues, fees, rents, profits, charges, interest s, \r\npayable by the Private Partner, to the Government, Implementing Agency or the \r\nAuthority, the Authority may recover the sum due from the Private Partner as arrears of \r\nland revenue under the Punjab Land Revenue Act, 1967 (XVII of 1967). \r\n(2) The Authority shall designate an officer as Collector to exercise the powers \r\nof the Collector under the Pun jab Land Revenue Act, 1967 (XVII of 1967) for recovery of \r\narrears under sub-section (1). \r\n40. Reward by the  Authority.– The Authority may, in the prescribed manner, make \r\npayment of reward out of the Authority Fund to any person who has made an exceptional \r\neffort towards accomplishing the objectives of the Act. \r\n41. Obligation to produce documents and provide information.– (1) The Authority \r\nor the Chief Executive Officer may require, in writing, any person, Government \r\ndepartment, authority, statutory body, company or organization, as the case may be, to \r\nprovide any information or data held by that person, Government department, authority, \r\nstatutory body, company or organization, which, in the opinion of the Authority is required \r\nfor policy making or exercising the powers granted by the Act. \r\n(2) Every person, Government Department, Authority, statutory body, company \r\nor organization shall furnish the information requisitioned under sub -section ( 1), at the \r\nearliest. \r\n42. Power to require information from the Private Partner .– (1) The Authority, the \r\nPPP Working Party, the Implementing Agency,  the Chief Executive Officer  or an officer \r\nauthorized on their behalf may  carry out  such inspections or conduct such tests or \r\nsurveys or require the Private Partner to furnish such information including but not limited \r\nto reports, data, documents, record, statements which in the opinion of the Authority,  the \r\nPPP Working Party,  the Implementing Agency, the Chief Executive Officer  or an officer \r\nauthorized on their behalf is necessary for quality control, monitoring, evaluation, \r\nassessment, oversight, third Party Validation or audit  of the PPP project implemented \r\nunder the Act. \r\n(2) In case of failure to comply to the requirements or requisitions made under \r\nsub-section (1), the Authority , the PPP Working Party,  the Implementing Agency,  the \r\nChief Executive Officer or the officer authorized on their behalf may proceed with such \r\ninspections or tests or procure such information at the cost, expense and risk of the \r\nPrivate Partner and i n addition thereof, the Authority, the PPP Working Party, the \r\nImplementing Agency or the Chief Executive Officer may also impose such penalty upon \r\nthe Private Partner as it considered appropriate to compensate for the non-compliance \r\nor inaction of the Private Partner. \r\n43. Transparency and public disclosure.– (1) The PPP Contract  and the \r\ndocuments ancillary thereto shall be public documents. Any interested person shall be \r\nentitled to obtain a copy of it in such manners as may be prescribed. \r\n(2) The Authority may, for reasons to be recorded in writing, declare the whole \r\nor part of the document not to be made a public document or impose such restr ictions as \r\nit deems appropriate. \r\n44. Public servants.– The Chairperson, Vice Chairperson and Members shall, when \r\nacting or purporting to act in pursuance of any of the provisions of the Act, be deemed to \r\nbe public servants within the meanings of section 21 of the Pakistan Penal Code, 1860 \r\n(XLV of 1860). \r\n45. Immunity of the Authority and its employees .– No suit, prosecution or any \r\nother legal proceeding shall lie against the Authority, the Chairperson, the Chief \r\nExecutive Officer, Member, officer, employee, expert  or consultant of the Authority, \r\nexercising any power or performing any function under the Act or the rules or regulations \r\nmade thereunder for anything done in good faith. \r\n46. Prior consent of the Authority with respect to certain legal actions .– (1) \r\nNotwithstanding anything contained in any  other law for the time being in force, no legal \r\naction shall be initiated against any Member, officer or official  by any Government \r\nagency for acts of omission or commission in his official capacity, pertaining to the Act, or \r\nthe rules or regulation s made thereunder, unless the said agency obtains prior cons ent \r\nof the Authority in writing and for seeking such consent  the Government agency shall \r\nprovide the list of charges along with the evidence.  \r\n(2) The Authority shall , on receipt of the list of charges along with evidence \r\nunder sub -section (1), constitute an inquiry committee which shall determine whether \r\nthere is a prima facie cause for the legal action or not and the inquiry committee shall \r\ngive its findings and reco mmendations to the Authority within such time as may be \r\ndirected by the Authority and the decision of the Authority on the matter, whether to allow \r\nthe proposed legal action or not, shall be final. \r\n47. Overriding effect. – Notwithstanding anything contained  in any other law, the \r\nprovisions of the Act shall prevail to the extent of the Public Private Partnership projects. \r\n48. Removal of difficulties.– If any difficulty arises in giving effect to or applying the \r\nprovisions of the Act, the Government may make such order, not inconsistent with the \r\nAct, as may be necessary for removing the difficulty. \r\n49. Repeal and savings.– (1) The Punjab Public Private Partnership Act 2019 (XXX \r\nof 2019) is hereby repealed.  \r\n(2) Notwithstanding the repeal under sub-section (1): \r\n(a) anything done or any action taken under the repealed Act shall, so far as it \r\nis not inconsistent with the Act, be deemed to have been done or taken \r\nunder the Act; \r\n(b) all rules, regulations, guidelines, manuals, notifications, office orders, \r\napprovals issued under the repealed Act shall, so far as these are not \r\ninconsistent with the Act, be deemed to have been issued under the Act; \r\n(c) a PPP Contract signed with a Private Party prior to the coming into force of \r\nthe Act, shall be valid until the end of the term established in such contract; \r\n(d) the residuary matters of the PPP Projects which are at various stages of \r\nimplementation and the Agreements with regards thereto  have not been \r\nsigned prior to coming into force of the Act, shall continue to be dealt with \r\nthe repealed Act till such time the rules are notified under the Act;  \r\n(e) all employees of the Authority and the Risk Management Unit, under the \r\nrepealed Act, shall be deemed to be the employees of the Authority and \r\nRisk Management Unit under the Act on the terms and conditions not less \r\nfavourable than the terms and conditions, they were subject to immediately \r\nbefore the repeal of Punjab Public Private Partnership Act 2019  (XXX of \r\n2019).  \r\n(3) The PPP Cell established under the repealed Act is hereby abolished and  \r\nthe employees, assets and liabilities of the abolished PPP Cell shall stand transferred to \r\nthe Authority, on such terms and conditions as the Authority may determine. \r\n(4) Nothing in the  Act shall affect any action taken by the PPP Cell under the \r\nrepealed act, if not inconsistent with the Act, and it shall continue to be in force and have \r\neffect as if it were taken under the Act. \r\n(5) All agreements and contracts entered into or rights, cl aims or assets \r\nacquired and transferred under the repealed Act shall be deemed to have been acquired \r\nand transferred under the Act. \r\n(6) All suits and other legal proceedings instituted by or against the Authority \r\nshall be deemed to be suits and proceedings under the Act. \r\n(7) All the Projects implemented under the repealed Act shall be deemed to \r\nhave been validly implemented under the Act.",
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