{ "schema_version": "qanun-law-text/1", "id": "punjab-code-c755647c45c5b77c", "title": "PUNJAB PUBLIC-PRIVATE PARTNERSHIP FOR INFRASTRUCTURE ACT 2010", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AThVYAs~VmI-", "version": null, "source_snapshot": "2026-08-06T16:59:56Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "f2506041bf5fac7f982ef36cb987758fa38f1414883a5e41ed96d3f059025a3b", "source_sha256": "f2506041bf5fac7f982ef36cb987758fa38f1414883a5e41ed96d3f059025a3b", "text_version_id": "law:punjab-code-c755647c45c5b77c:sha256:f2506041bf5fac7f982ef36cb987758fa38f1414883a5e41ed96d3f059025a3b", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB PUBLIC-PRIVATE PARTNERSHIP FOR \r\nINFRASTRUCTURE ACT 2010 \r\n(IX of 2010) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Applicability \r\n3. Definitions \r\nCHAPTER-II \r\nINSTITUTIONAL ARRANGEMENTS \r\n4. PPP Steering Committee \r\n5. PPP Cell \r\n6. Risk Management Unit \r\n7. Government Agencies \r\nCHAPTER-III \r\nPROJECT DELIVERY PROCESS \r\n8. PPP arrangements \r\n9. Project identification and preparation \r\n10. Project prioritization and approval \r\n11. Approval of government support \r\n12. Consideration by the Committee \r\n13. Selection of the private party \r\n14. Pre-qualification \r\n15. Bidding \r\n16. Bid evaluation \r\n17. Bid security \r\n18. Government support \r\n19. Unsolicited proposals \r\n20. Preparation and negotiation of PPP agreement \r\n21. Project implementation and operation \r\n22. Setting and adjustment of user levies \r\n23. Dispute resolution \r\n24. Termination of the PPP agreement \r\n25. Vesting of the project in the private party \r\n26. Transfer of the project \r\nCHAPTER-IV \r\nMISCELLANEOUS \r\n27. Disclosure of generic risks \r\n28. Public disclosure \r\n29. Prescribing and enforcing standards \r\n30. Indemnity by the private party \r\n31. Recovery of costs, dues and fees \r\n32. Protection of action taken in good faith \r\n33. Power to make rules \r\n34. Power to frame regulations \r\n35. Applicability to Government Agencies \r\n36. Power to amend a Schedule \r\n37. Overriding provision \r\n38. Transition provision \r\nSCHEDULE-I \r\nSCHEDULE-II \r\n1. Build-and-Transfer (BT) \r\n2. Build-Lease-and-Transfer (BLT) \r\n3. Build-Operate-and-Transfer (BOT) \r\n4. Build-Own-and-Operate (BOO) \r\n5. Build-Own-Operate-Transfer (BOOT) \r\n6. Build-Transfer-and-Operate (BTO) \r\n7. Contract-Add-and-Operate (CAO) \r\n8. Develop-Operate-and-Transfer (DOT) \r\n9. Rehabilitate-Operate-and-Transfer (ROT) \r\n10. Rehabilitate-Own-and-Operate (ROO) \r\n11. Management Contract (MC) \r\n12. Service Contract (SC) \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PUBLIC-PRIVATE PARTNERSHIP FOR INFRASTRUCTURE \r\nACT 2010 \r\n(IX of 2010) \r\n[20th July, 2010] \r\nAn \r\nAct \r\nto create an enabling environment for private sector participation in infrastructure \r\ndevelopment in the Punjab through public-private partnership projects. \r\nPreamble.– Whereas it is expedient to expand the provision of infrastructure \r\nservices and improve their reliability and quality for accelerating economic growth \r\nand achieving the social objectives of the Government; to mobilize private sector \r\nresources for financing, construction, maintenance and operation of infrastructure \r\nprojects; to improve efficie ncy of management, operation and maintenance of \r\ninfrastructure facilities by introduction of modern technologies and management \r\ntechniques; to incorporate principles of fairness, competition and transparency in \r\npublic-private partnership projects; and to provide for ancillary matters; \r\n It is enacted as follows : \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Public-Private Partnership for Infrastructure Act 2010. \r\n (2) It extends to the whole of the Province. \r\n(3) It shall come into force at once. \r\n2. Applicability.– (1) Subject to the provisions of section 35, the Act shall apply to \r\nall infrastructure projects implemented through PPP in the sectors listed in Schedule I. \r\n (2) The Government may, by notific ation, amend Schedule I and apply the \r\nprovisions of this Act to an infrastructure project of any sector, not enumerated in \r\nSchedule I. \r\n3. Definitions.– In this Act– \r\n(a) “bid” means a technical and financial proposal submitted by a person \r\nwho is eligible under the Act to undertake an infrastructure project; \r\n(b) “Committee” means the PPP Steering Committee notified by the \r\nGovernment; \r\n \r\n1This Act was passed by the Punjab Assembly on 12 July 2010; assented to by the Governor of the Punjab on 19 July 2010; \r\nand published in the Punjab Gazette (Extraordinary), da ted 20 July 2010, pages 203 -215, and repealed by the Punjab Public \r\nPrivate Partnership Act, 2014 (IX of 2014), w.e.f. 29.5.2014, section 43; and published in the Punjab Gazette (Extraordinary) , \r\npages 3559-3976. \r\n(c) “company” means a company formed and registered under the \r\nCompanies Ordinance 1984 (XLVII of 1984) and includes a company \r\nincorporated outside Pakistan or under any law prior to the Ordinance \r\nXLVII of 1984; \r\n(d) \"construction\" includes reconstruction, rehabilitation, renovation, \r\nimprovement, expansion, addition, alteration and related activities; \r\n(e) “consortium” means a joint venture of persons desirous of entering into \r\na PPP agreement; \r\n(f) \"Government\" means the Government of the Punjab; \r\n(g) “Government Agency” means a department, attached department, \r\nbody corporate, autonomous body of the Government, local \r\ngovernment or any organization or corporation owned or controlled by \r\nthe Government; \r\n(h) \"infrastructure\" means facilities and services in one of the sectors listed \r\nin Schedule I; \r\n(i) \"investment\" includes development and pre -operative capital \r\nexpenditure made or incurred o n services, land, construction and \r\nequipment; \r\n(j) \"lender\" means a financial institution, bank or an establishment \r\nproviding financial support, with or without security; \r\n(k) \"local government\" means a local government as defined in the Punjab \r\nLocal Government Ordinance 2001 (XIII of 2001); \r\n(l) \"person\" means a company, entity, firm, association, body of \r\nindividuals, or a sole proprietor other than a Government Agency; \r\n(m) \"prescribed\" means prescribed by the rules or the regulations; \r\n(n) \"private party” means a person who enters into a PPP agreement with \r\na Government Agency; \r\n(o) “project” means a project implemented on a PPP basis in one of the \r\ninfrastructure sectors listed in Schedule I; \r\n(p) “Province” means the Province of the Punjab; \r\n(q) \"PPP\" means a partnership between the public sector represented by a \r\nGovernment Agency and a private party for the provision of an \r\ninfrastructure facility or service with a clear allocation of risks between \r\nthe parties; \r\n(r) “PPP agreement” means a contractual arrangement of any one of the \r\ntypes described in Schedule II, which is made between a Government \r\nAgency and a private party; \r\n(s) “PPP Cell” means the PPP Cell established under the Act; \r\n(t) “regulations” means the regulations framed under the Act; \r\n(u) “Risk Management Unit” means the Risk Management Unit established \r\nunder the Act; \r\n(v) \"rules\" means the rules made under the Act; \r\n(w) \"Schedule\" means a Schedule appended to the Act; and \r\n(x) \"user levy\" means a levy which may be collected by a private party \r\nunder the PPP agreement and includes a tariff, toll, fee or charge. \r\nCHAPTER II \r\nINSTITUTIONAL ARRANGEMENTS \r\n4. PPP Steering Committee .– (1) The Government shall, by notification, \r\nestablish the Committee to promote, facilitate, coordinate and oversee infrastructure \r\nprojects using the PPP approach to be known as the PPP Steering Committee. \r\n(2) The Committee shall consist of the following members: \r\n(a) Minister for Planning and Development; Chairperson \r\n(b) Minister for Finance; Vice Chairperson \r\n(c) Minister for Local Government; Member \r\n(d) Chairman, Planning and Development Board Member \r\n of the Government; \r\n(e) Secretary to the Government, Finance Department; Member \r\n(f) Secretary to the Government, \r\n Planning and Development Department; Member \r\n(g) Secretary to the Government, \r\n Irrigation and Power Department; Member \r\n(h) Secretary to the Government, \r\n Communications and Works Department; Member \r\n(i) Secretary to the Government, Transport Department; Member \r\n(j) Secretary to the Government, \r\n Housing, Urban Development and \r\n Public Health Engineering Department; Member \r\n(k) Secretary to the Government, \r\n Commerce and Investment Department; Member \r\n(l) Secretary to the Government, Education Department; Member \r\n(m) Secretary to the Government, Health Department; Member \r\n(n) Member (PPP), Planning and Development Board Secretary \r\n of the Government; \r\n(3) The Committee shall– \r\n(a) formulate a PPP policy for approval of the Government; \r\n(b) supervise and coordinate implementation of the PPP policy by the \r\nGovernment Agencies; \r\n(c) approve, reject or send back for reconsideration the project proposal \r\nsubmitted by a Government Agency; \r\n(d) decide on any direct or contingent support for a project requested by a \r\nGovernment Agency; \r\n(e) approve, reject or send back for reconsideration the recommendation \r\nsubmitted by a Government Agency for the contract award to a private \r\nparty; \r\n(f) assist the Government Agencies in solving major problems impeding \r\nproject preparation and implementation; \r\n(g) be the final deciding authority for all the projects; and \r\n(h) take all other steps necessary for giving effect to the provisions of this Act. \r\n5. PPP Cell.– (1) The Government shall, by notification, establish the PPP Cell \r\nin the Planning and Development Department to promote and facilitate PPP \r\ndevelopment in the Province, ass ist a Government Agency in preparing and \r\nexecuting high-quality projects, and act as a PPP catalyst and advocate, knowledge \r\nmanager, and policy and project advisor. \r\n (2) The PPP Cell shall– \r\n(a) provide technical support to the Committee and act as its secretariat; \r\n(b) develop operating guidelines, procedures and model documents for \r\nprojects for approval by the Committee; \r\n(c) provide support and advice to a Government Agency throughout the \r\nPPP process; \r\n(d) evaluate and prioritize project proposals submitted by the Government \r\nAgencies; \r\n(e) evaluate, in close cooperation with the Risk Management Unit, the type \r\nand amount of government support sought for a project; \r\n(f) review bid evaluation report, submitted by a Government Agency; \r\n(g) prepare and regularly update a pipeline of the projects; and \r\n(h) perform any other functions as may be assigned to it by the \r\nCommittee. \r\n6. Risk Management Unit – (1) The Government shall, by notification, establish \r\na Risk Management Unit in the Finance Department to act as a fis cal guardian for \r\nprojects using the PPP approach. \r\n(2) The Risk Management Unit shall– \r\n(a) develop risk management guidelines consistent with the PPP policy for \r\napproval by the Committee; \r\n(b) examine whether requests for government support and the proposed \r\nrisk sharing arrangements are consistent with the PPP policy and \r\nfiscally sustainable; \r\n(c) ensure the inclusion of approved government support in the annual \r\nbudget of the Province; \r\n(d) monitor direct and contingent liabilities of the Government incurred \r\nthrough the projects; and \r\n(e) perform any other functions as may be assigned to it by the \r\nCommittee. \r\n7. Government Agencies.– (1) A Government Agency shall manage the project \r\nthroughout its life cycle consisting of identification, preparation, tendering, \r\nimplementation and operation. \r\n (2) The Government Agency shall– \r\n(a) identify suitable projects and prioritize these within its sector or \r\ngeographical area of responsibility; \r\n(b) recruit transaction advisors for project preparation and tendering; \r\n(c) supervise the preparation of the feasibility study and if its outcome is \r\npositive, submit the project proposal through the PPP Cell to the \r\nCommittee; \r\n(d) conduct a competitive tendering process consisting of pre -qualification \r\nand bidding to select the private party; \r\n(e) carry out bid evaluation and submit recommendation on contract award \r\nto the Committee; \r\n(f) negotiate and sign the PPP agreement; and \r\n(g) monitor and evaluate implementation and operation of the project. \r\n (3) The Government Agency may seek support and advice of the PPP Cell \r\nfor performance of any of the functions under this section. \r\nCHAPTER III \r\nPROJECT DELIVERY PROCESS \r\n8. PPP arrangements.– A Government Agency may– \r\n(a) enter into a PPP agreement with a private party for the performance of \r\nfunctions in relation to the design and construction of a project, services \r\nrelating to it or the provision of finance for the design, construction, \r\noperation or others; \r\n(b) arrange or provide for a payment to the private party in accordance \r\nwith the terms and conditions of the PPP agreement; \r\n(c) enter into an agreement with a person for provision or arrangement of \r\nfunding for a project; \r\n(d) transfer an interest in a project or part of a project to the private party \r\nor subject to the approval of the Government, to a nominee of the \r\nprivate party by transfer, assignment, conveyance, lease, license or \r\notherwise; \r\n(e) enter into an arrangement with any other Government Agency, the \r\nFederal Government, a body, authority or entity owned or controlled by \r\nthe Federal Government for a project; and \r\n(f) subject to the PPP agreement, assume transfer of an interest of the \r\nprivate party or a nominee of the private party, in a project or part of a \r\nproject, by transfer, assignment, conveyance, sale, grant or surrender. \r\n9. Project id entification and preparation .– (1) A Government Agency shall \r\nidentify and prepare a project, and shall complete this phase before tendering. \r\n(2) The Government Agency shall identify and conceptualize potential \r\nprojects from its master plans and other planning documents. \r\n (3) The Government Agency shall prioritize the projects within its sector or \r\ngeographical area, using criteria such as supply and demand gaps, social and \r\neconomic benefits, financial attractiveness, risks and uncertainties involved, and \r\nreadiness for implementation. \r\n (4) Preparation of a high-priority project shall consist of a feasibility study, initial \r\nenvironmental examination or environmental impact assessment, risk analysis, analysis of \r\nthe need for government support, stakeholder consultations, determination of the PPP \r\nmodality, and preparation of bid documents including a draft PPP agreement. \r\n (5) The Government Agency shall submit a viable project proposal through \r\nthe PPP Cell to the Committee. \r\n10. Project prioritization and approval.– (1) The PPP Cell shall exercise quality \r\ncontrol by reviewing the viability of a project proposal and its completeness in terms \r\nof documentation. \r\n(2) The PPP Cell shall prioritize the projects that pass the review across \r\nsectors and the Province, by ta king into account provincial development objectives, \r\nand submit them to the Committee for approval. \r\n (3) The PPP Cell shall include approved projects in a priority list of the \r\nProvince and widely publicize them. \r\n11. Approval of government support.– (1) A Government Agency shall include \r\nall requests for government support described in section 18 as an integral part of a \r\nproject proposal. \r\n(2) The PPP Cell shall forward all requests for government support with \r\nbudgetary implications to the Risk Management Uni t, which shall review their \r\njustification and eligibility, and analyze the fiscal impact of the related direct and \r\ncontingent liabilities. \r\n (3) The Risk Management Unit shall, on the basis of review and analysis, \r\nmake a recommendation to the Committee for approval, rejection or reconsideration \r\nof the requested government support. \r\n (4) If approved by the Committee, the Risk Management Unit shall make \r\nthe necessary arrangements for including such support in the annual budget of the \r\nProvince. \r\n12. Consideration by the Committee.– (1) The Committee shall, by t aking into \r\naccount the recommendations of the PPP Cell and the Risk Management \r\nUnit, consider a project proposal submitted by a Government Agency and may \r\napprove the proposal with or without modification, re ject it or return it to the \r\nGovernment Agency for reconsideration. \r\n (2) In case a project proposal is returned for reconsideration, the \r\nGovernment Agency shall take suitable action on the decision taken by the \r\nCommittee and may resubmit the proposal for approval by the Committee. \r\n13. Selection of the private party .– (1) After the approval of the project \r\nproposal by the Committee, the Government Agency shall select a private party for \r\nthe project through competitive public tendering, using the two -stage process of pre-\r\nqualification and bidding. \r\n (2) The Government Agency shall not enter into direct negotiations with \r\nany person without competitive public tendering. \r\n14. Pre-qualification.– The Government Agency shall conduct pre -qualification \r\nfor the project in the following manner: \r\n(a) a public notice inviting participation in pre -qualification for undertaking \r\nthe project and allowing up to forty -five days for the preparation of pre -\r\nqualification applications shall be published in at least two national \r\ndaily ne wspapers twice within a period of ten days and shall also be \r\npublished at least in one other means of mass communication such as \r\nwebsite; \r\n(b) for projects with a total cost equal to or exceeding four hundred million \r\nrupees, the pre -qualification notice sha ll also be published in at least \r\none international newspaper; \r\n(c) a person who intends to participate in the pre -qualification shall provide \r\ninformation with regard to his legal, technical, managerial and financial \r\ncapacity to undertake the project in such form along with such \r\nparticulars as may be specified by the Government Agency; \r\n(d) in case the person is a consortium, its members and their roles and \r\nproposed shareholding shall be disclosed at the pre -qualification stage, \r\nand the members shall bind them selves that if awarded the contract, \r\nthey shall be jointly and severally liable for the obligations of the private \r\nparty. \r\n(e) the Government Agency shall examine the information and other \r\nparticulars submitted by the person within thirty days and decide as to \r\nwhether such person fulfills the criteria for pre-qualification as laid down \r\nby the Government Agency; \r\n(f) a person who fulfills the criteria shall be the pre -qualified person; if less \r\nthan three persons are pre -qualified, the Government Agency shall \r\nanalyze the reasons for this outcome, improve project structuring, and \r\nre-initiate the pre-qualification process for additional participants until at \r\nleast two persons are pre-qualified; \r\n(g) if a consortium is the pre-qualified person, the lead consortium member \r\nshall be allowed to be replaced not earlier than six years after project \r\ncommissioning, subject to approval by the Government Agency; any \r\nother member may withdraw prior to award of the contract or during the \r\nterm of the contract, provided that the r emaining members are still \r\nlegally, technically and financially capable of successfully carrying out \r\nthe implementation and operation of the project, or that an acceptable \r\nsubstitute with equal or better qualifications is replacing such \r\nwithdrawing member; \r\n(h) any change in the shareholding of the consortium shall also be subject \r\nto approval by the Government Agency; and \r\n(i) if the consortium fails to comply with the requirement of sub -clause (g), \r\nthe consortium shall cease to be the pre-qualified person. \r\n15. Bidding.– (1) After at least two persons have been pre -qualified, the \r\nGovernment Agency shall issue bid documents to them with an invitation to submit \r\nbids within ninety days. \r\n (2) The bid documents shall include– \r\n(a) instructions to bidders; \r\n(b) minimum design and performance standards and specifications; \r\n(c) draft PPP agreement; \r\n(d) bid form, specifying the information required to evaluate the bid; \r\n(e) bid security form and performance bond form; and \r\n(f) any other documents relevant to the project, s uch as the feasibility \r\nstudy and environmental impact assessment. \r\n (3) To provide clarifications to bidders and discuss the terms and \r\nconditions of the PPP agreement, the Government Agency shall conduct a pre -bid \r\nconference at least sixty days before the bid submission date and shall issue \r\nsupplemental notices, as may be necessary. \r\n (4) If only one valid bid is received on the specified date, the Government \r\nAgency shall undertake market sounding to determine reasons for the weak \r\ncompetition, restructure the project and government support accordingly, and conduct \r\nre-bidding. \r\n (5) If only one valid bid is received even after the re -bidding, the \r\nGovernment Agency shall evaluate it; and depending on results of the evaluation, \r\nthe Government Agency shall recomme nd through the PPP Cell to the Committee \r\nwhether to negotiate the PPP agreement with the sole bidder or withdraw the project \r\nfrom the market and undertake it in the traditional way by the public sector. \r\n16. Bid evaluation.– (1) The Government Agency shall carry out bid evaluation \r\nin two phases within forty-five days. \r\n (2) In the first phase, the Government Agency shall assess the technical, \r\noperational, environmental and commercial responsiveness of the bids received, \r\naccording to the requirements, criteria , minimum standards, and basic parameters \r\nspecified in the bid documents, and shall reject non-responsive bids. \r\n (3) In the second phase, the Government Agency shall evaluate \r\nresponsive bids from the financial viewpoint; and depending on the type of the \r\nproject, it shall use one of the following parameters for the evaluation: \r\n(a) lowest proposed tariff, toll, fee or charge at the start of operation of the \r\nproject if a parametric formula for periodical tariff adjustment is \r\nspecified in the bid documents; \r\n(b) lowest present value of the proposed tariffs, tolls, fees and charges for \r\nthe period covered by the PPP agreement if there is no such formula; \r\n(c) lowest present value of payments from the Government; \r\n(d) lowest present value of government subsidy to be p rovided for the \r\nperiod covered by the PPP agreement; \r\n(e) highest present value of the proposed payments to the Government, \r\nsuch as concession fees, lease or rental payments, fixed or guaranteed \r\npayments or variable payments and percentage shares of revenue s for \r\nthe period covered by the PPP agreement; or \r\n(f) any other appropriate financial bid parameters approved by the \r\nCommittee upon recommendation of the Government Agency, the PPP \r\nCell, or the Risk Management Unit. \r\n (4) The Government Agency may, for the reasons to be recorded in \r\nwriting, reject a speculative or unrealistic bid as non -responsive; such rejection of a \r\nbid shall not lead to the termination of the bidding process. \r\n(5) After the completion of the bid evaluation, the Government Agency \r\nshall submit through the PPP Cell to the Committee a bid evaluation report, including \r\na recommendation on contract award. \r\n(6) The Committee shall, after t aking into account results of the PPP \r\nCell’s review of the bid evaluation report, decide on the contract award w ithin \r\nthirty days from the submission of the bid evaluation report. \r\n(7) The Government Agency shall announce results of the bidding and issue a \r\nnotice of award to the selected private party within ten days of the Committee’s decision. \r\n17. Bid security.– (1) A pre-qualified person shall deposit with the Government \r\nAgency a bid security amount as determined by the Government Agency based on \r\nthe project cost. \r\n(2) The Government Agency shall, within thirty days, return the bid security \r\namount to all unsuccessful bidders in the prescribed manner. \r\n18. Government support .– (1) The Government Agency shall indicate the \r\ngovernment support approved by the Committee for a project in the bid documents. \r\n (2) The government support may take the following forms:– \r\n(a) administrative support to the private party in obtaining licenses and \r\nother statutory and non -statutory clearances from the Federal \r\nGovernment, a public sector organization or a Government Agency for \r\nthe purposes of the project on such terms and conditions as m ay be \r\nprescribed; provision of utility connections for power, gas and water at \r\nproject site; acquisition of land necessary for the project; and \r\nrehabilitation and resettlement necessitated because of the execution \r\nof the project; this type of support shall be made available for all \r\nprojects; \r\n(b) asset-based support such as leasing land or infrastructure facilities owned \r\nby the Government or a Government Agency to the private party; the \r\nneed for this type of support shall be determined on case to case basis; \r\n(c) direct financial assi stance through viability gap funding; this type of \r\nsupport shall be offered only for projects, which are economically and \r\nsocially viable, but not financially attractive enough if constrained by \r\naffordable user levies; its amount shall be determined through bidding; \r\n(d) Government guarantee s for political risks under the Government’s \r\ncontrol such as changes in the PPP policy, delay of agreed user levy \r\nadjustments, early termination of the PPP agreement with no fault of \r\nthe private party, and expropriation; this type of support shall be made \r\navailable for all projects; and \r\n(e) Government guarantees for other risks such as force majeure, demand \r\nrisk, and default by a Government Agency on payments for works and \r\nservices delivered by t he private party (off -take risk); the need for this \r\ntype of support shall be determined on case to case basis as part of \r\nthe risk sharing analysis undertaken during project preparation. \r\n19. Unsolicited proposals .– (1) A person may propose a project to a \r\nGovernment Agency, if the project is not included in the Provincial priority list \r\nmentioned in section 10(3) and is economically and financially feasible without any \r\ngovernment support in the form of direct financial assistance described in section \r\n18(c). \r\n (2) An unsolicited proposal shall be accompanied by a feasibility study, \r\nenvironmental impact assessment, and draft PPP agreement. \r\n(3) The Government Agency shall consider the unsolicited proposal from \r\nall aspects including technical and financial, and may modify the same in \r\nconsultation with the person who made the proposal. \r\n(4) The Government Agency shall require the person to submit details \r\nabout legal, technical, managerial and financial capability of the person. \r\n(5) The Government Agency shall evaluate the unsolicited proposal and, if \r\nits feasibility as well as the legal, technical and financial qualification of the person is \r\nconfirmed, submit it through the PPP Cell to the Committee for approval. \r\n(6) If the Committee approves the unsolicited proposal, the Government \r\nAgency shall invite comparative bids by following the procedure described in sections 13 \r\nto 17. \r\n(7) The Government Agency shall give the person who made the unsolicited \r\nproposal first right to match the best bid and if the person fails to ma tch the bid, the \r\nGovernment Agency shall direct the best bidder to reimburse to the person reasonable \r\ncosts incurred in project preparation as may be specified in the bid documents. \r\n (8) If valid comparative bids are not received, the Government Agency \r\nshall negotiate the PPP agreement with the person who made the unsolicited \r\nproposal. \r\n20. Preparation and negotiation of PPP agreement .– (1) The draft PPP \r\nagreement shall form part of bid documents. \r\n(2) The draft PPP agreement shall clearly define the legal re lationship \r\nbetween the Government Agency and the selected private party, their rights and \r\nresponsibilities including the specific government support for the project. \r\n (3) The draft PPP agreement shall contain the following provisions, as \r\napplicable:- \r\n(a) type of the project; \r\n(b) term of the PPP agreement; \r\n(c) scope of works and services to be provided under the project; \r\n(d) main technical specifications and performance standards; \r\n(e) environmental and safety requirements; \r\n(f) implementation milestones and completion date of the project; \r\n(g) cost recovery scheme through user levies, including mechanism for \r\ntheir periodical adjustment; \r\n(h) performance bonds for construction works and operation; \r\n(i) minimum insurance coverage; \r\n(j) acceptance tests and procedures; \r\n(k) rights and obligations of the parties to the PPP agreement, including \r\nrisk sharing; \r\n(l) type and amount of government support; \r\n(m) transfer of assets at the end of the term of the PPP agreement (if any); \r\n(n) warranty period and procedures after the transfer; \r\n(o) requirements and procedure for variations of the PPP agreement; \r\n(p) grounds for and effects of termination of the PPP agreement, including \r\nforce majeure; \r\n(q) procedures and venue for dispute resolution; \r\n(r) financial reporting by the private party; and \r\n(s) supervision mechanism of the Government Agency. \r\n (4) A Government Agency shall not enter into a PPP agreement unless the \r\nprocedure specified in this Act has been fulfilled. \r\n(5) The Government Agency shall ensure conclusion of contract \r\nnegotiations with the selected private party within sixty days; the negotiations shall \r\nfocus on terms and conditions not specified in the bid documents; and post -bid \r\nchanges are not allowed to be made during contract negotiations in those terms and \r\nconditions, which have been described in the bid documents as binding and have \r\nformed part of the bid evaluation. \r\n21. Project implementation and operation .– (1) Before signing the PPP \r\nagreement with the Government Agency, the private party may establish, without \r\nchanging its shareholding, a special purpose company for implementation and operation \r\nof the project, which shall assume all the rights and obligations of the private party. \r\n(2) The private party shall prepare detailed engineering design and \r\nimplementation plan in accordance with the main technical specifications contained \r\nin the PPP agreement, and shall submit these to the Government Agency for \r\napproval prior to the start of construction. \r\n (3) The private party shall build the project in accordance with the \r\nperformance standards and specifications contained in the approved detailed \r\nengineering design. \r\n (4) To guarantee its performance in the construction works, the private \r\nparty shall post a bond or furnish a bank guarantee, which shall be valid up to the \r\nacceptance of the completed works by the Government Agency; for projects, which \r\ninclude operation by the private party, the private party shall post or furnish another \r\nperformance bond or bank guarantee upon the acceptance of the completed works \r\nto guarantee c ompliance with the operating parameters and standards specified in \r\nthe PPP agreement. \r\n (5) Within three hundred and sixty -five days of the signing of the PPP \r\nagreement, the private party shall achieve financial closure for the project, defined as \r\na legally binding commitment of equity holders and lenders to provide funding for the \r\nentire construction cost. \r\n (6) The Government Agency shall not allow v ariations in the PPP \r\nagreement during the implementation and operation of the project unless the \r\nfollowing requirements are met:– \r\n(a) there is no increase in the agreed tariffs except for the periodic \r\nformula-based tariff adjustments, unless the scope of works or \r\nperformance standards are increased; \r\n(b) there is no reduction in the scope of works or performance s tandards, \r\nfundamental change in the contractual arrangement or extension of the \r\nterm of the PPP agreement, except in cases of breach by the \r\nGovernment Agency of its obligations; \r\n(c) there is no additional government guarantee or increase in the financial \r\nexposure of the Government; and \r\n(d) the variation in the PPP agreement is necessary due to an \r\nunforeseeable event beyond the control of the Government Agency or \r\nthe private party. \r\n (7) The Government Agency shall monitor and evaluate the project during \r\nits implementation and operation to ensure its conformity with the plans, \r\nspecifications, performance standards and user levies set forth in the PPP \r\nagreement, and to assess its actual outcomes in terms of infrastructure services in \r\nrelation to the expected outcomes. \r\n(8) The Government Agency shall submit annual reports on project \r\nperformance to the PPP Cell. \r\n22. Setting and adjustment of user levies .– (1) The Government Agency \r\nshall set the u ser levies at levels that ensure financial viability of the project b y fully \r\ncovering the capital, operation and maintenance costs plus a reasonable rate of \r\nreturn to the private party or the Government Agency. \r\n (2) Unless specified in the bid documents, the Government Agency shall \r\ndetermine the user levies through bidding and the user levies shall be adjusted \r\nperiodically during the term of the PPP agreement, based on a formula using official \r\nprice indices determined in the PPP agreement. \r\n (3) If the Government Agency keeps the user levies at lower levels to \r\nmake the infr astructure services affordable to the end users, the Government \r\nAgency shall compensate the private party for the difference through viability gap \r\nfunding. \r\n23. Dispute resolution .– (1) In case of any dispute between a Government \r\nAgency and a private party in relation to or arising out of the PPP agreement, the \r\nparties shall resolve the dispute in the following three stages:– \r\n(a) deliberation between the parties to achieve a consensus; \r\n(b) if no consensus on how to resolve the dispute has been achieved in \r\nthe first stage, mediation by an independent and impartial person \r\nappointed by the Committee; and \r\n(c) if no amicable settlement of the dispute has been reached in the \r\nsecond stage, arbitration in the city of Lahore or any other place \r\nagreed to by the parties in Pakistan or abroad and specified in the PPP \r\nagreement. \r\n (2) The dispute shall be decided in accordance with the law of Pakistan or \r\nunder any other law as may be specified in the PPP agreement. \r\n24. Termination of the PPP agreement.– A party to t he PPP agreement may \r\nterminate the agreement in the following cases:– \r\n(a) if the Government Agency fails to c omply with any major obligation \r\nspecified in the PPP agreement, and such failure is not remediable or, \r\nif remediable, remains uncorrected for an unreasona ble period of time, \r\nthe private party may issue a prior notice to the Government Agency \r\nspecifying the date of transfer of the PPP project to it; in such a case, \r\nthe private party shall be compensated by the Government Agency in \r\nline with the PPP agreement; or \r\n(b) if the private party fails to comply with the agreed milestone activities, \r\nor fails to achieve the prescribed technical and performance standards, \r\nor commits any substantial breach of the PPP agreement, the \r\nGovernment Agency shall notify the priva te party in writing and if the \r\nfailure is not corrected within the time specified, may terminate the PPP \r\nagreement; in such a case, the Government Agency may either take \r\nover the project and assume all related liabilities or allow lenders of the \r\nprivate pa rty to exercise their rights and interests as specified in the \r\nloan documents for the project; the lenders may replace the private \r\nparty on the same terms and conditions, subject to approval of the \r\nsubstitute by the Government Agency. \r\n25. Vesting of the pr oject in the private party .– Subject to the PPP agreement \r\nand except for the build -own-and-operate and rehabilitate -own-and-operate \r\narrangements described in Schedule II, the completed project may vest in the private \r\nparty for a period not exceeding thirty years and on expiry of such period, the project \r\nshall vest in the Government Agency. \r\n26. Transfer of the project .– If a project is transferred to the Government \r\nAgency in accordance with the provisions of the PPP agreement or this Act, all the \r\nrights granted under the PPP agreement to the private party in respect of the project \r\nshall stand transferred to the Government Agency. \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n27. Disclosure of generic risks .– (1) A Government Agency shall, as far as \r\npossible, provide in the PPP ag reement, or any other ancillary or additional \r\nagreement, a list of generic risks involved in the project along with allocation and \r\ntreatment of such generic risks. \r\n (2) The Government or the Government Agency shall not be liable to any \r\nclaim of the private party for a generic risk, which is not specified in the PPP \r\nagreement or any other ancillary or additional agreement. \r\n28. Public disclosure.– (1) A PPP agreement or any other ancillary or additional \r\nagreement shall be a public document. \r\n (2) The Governmen t Agency shall make arrangements for inspection or \r\ncopying a PPP agreement or any other ancillary or additional agreement subject to \r\nthe payment of the prescribed fee. \r\n (3) Any person may, subject to the payment of prescribed fee and any \r\nother reasonable r estriction, inspect or obtain copies of a PPP agreement or any \r\nother ancillary or additional agreement. \r\n29. Prescribing and enforcing standards.– The Government may– \r\n(a) prescribe and enforce performance standards for a project including \r\nstandards of perfo rmance of the private party in regard to the services \r\nto be rendered by it to the consumers; \r\n(b) prescribe quality standards including standards of materials, \r\nequipments and other resources or processes relevant to infrastructure \r\nprojects including plannin g criteria, construction practices and \r\nstandards of such facilities, operating standards and maintenance \r\nschedules for regulating the working of the private party to ensure \r\nefficiency and adherence to the prescribed quality standards; \r\n(c) prescribe the mod e of output -based contracting, performance -based \r\npayment systems and output-based procurement procedures; \r\n(d) establish a uniform system of accounts to be followed by the private \r\nparty; \r\n(e) take steps to promote effective competition and efficiency in proj ects \r\nusing the PPP approach; \r\n(f) prescribe the mode of conducting public hearing and consultation with \r\nstakeholders; and \r\n(g) prescribe any other standard for regulating the infrastructure \r\ndevelopment through PPP. \r\n30. Indemnity by the private party .– The pr ivate party shall indemnify the \r\nGovernment Agency against any defect in design, construction, maintenance or \r\noperation of the project and undertake to reimburse all costs, charges, expenses, \r\nlosses and damages suffered by the Government Agency or an end us er due to any \r\nsuch defect. \r\n31. Recovery of costs, dues and fees .– (1) The Government Agency may \r\nrecover a sum due from the private party, as ascertained through the dispute \r\nresolution under this Act, as if the same is recoverable as arrears of land revenue \r\nunder the Punjab Land Revenue Act 1967 (XVII of 1967). \r\n (2) The Government Agency shall designate an officer as collector to \r\nexercise the powers of collector under the Punjab Land Revenue Act 1967 (XVII of \r\n1967). \r\n32. Protection of action taken in good fai th.– No suit, claim or other legal \r\nproceedings shall lie against the Committee, a Government Agency or a representative \r\nof the Committee or the Government Agency in respect of anything done or intended to \r\nbe done in good faith under this Act or under the rules or the regulations. \r\n33. Power to make rules .– The Government may, by notification, make rules for \r\ncarrying out the purposes of this Act. \r\n34. Power to frame regulations.– Subject to the rules, the Committee may, with \r\nthe prior approval of the Governmen t and by notification, frame regulations to give \r\neffect to the provisions of this Act. \r\n35. Applicability to Government Agencies.– (1) The provisions of this Act shall \r\napply to a project of any Government Agency if its estimated total cost, to be \r\nincurred b y the Government Agency and the private party for services, land, \r\nconstruction and equipment, exceeds twenty million rupees. \r\n (2) A Government Agency may request the Committee to process a \r\nproject with an estimated total cost of twenty million rupees or le ss, and the \r\nCommittee shall proceed with the project in the manner as if it falls within its \r\njurisdiction. \r\n36. Power to amend a Schedule.– The Government may, by notification, amend \r\na Schedule. \r\n37. Overriding provision.– Notwithstanding anything contained in any other \r\nlaw, the provisions in this Act shall prevail on the provisions of all other laws \r\nto the extent of a PPP project undertaken by any Government Agency . \r\n38. Transition provision.– A PPP agreement signed with a private party prior to \r\nthe coming into force of this Act shall be valid until the end of the term established in \r\nsuch agreement. \r\nSCHEDULE I \r\n[see sections 2(1) and 3(h) & (o)] \r\nINFRASTRUCTURE SECTORS \r\n(1) Canals or dams; \r\n(2) Education facilities; \r\n(3) Health facilities; \r\n(4) Housing; \r\n(5) Industrial estates; \r\n(6) Information technology; \r\n(7) Land reclamation; \r\n(8) Power generation facilities; \r\n(9) Roads (provincial highways, district roads, bridges or bypasses); \r\n(10) Sewerage or drainage; \r\n(11) Solid waste management; \r\n(12) Sports or recreational infrastructure, public gardens or parks; \r\n(13) Trade fairs, conventions, exhibitions or cultural centers; \r\n2\r\n[(14) Urban transport and bus terminal excluding mass transit and metro bus \r\nsystem;] \r\n(15) Water supply or sanitation, treatment or distribution; and \r\n(16) Wholesale markets, warehouses, slaughter houses or cold storages. \r\nSCHEDULE II \r\n[see section 3(r)] \r\nTYPES OF PPP AGREEMENTS \r\n1. Build-and-Transfer (BT) : A contractual arrangement whereby the private \r\nparty undertakes the financing and construction of an infrastr ucture project and after \r\nits completion hands it over to the Government Agency. The Government Agency \r\nwill reimburse the total project investment, on the basis of an agreed schedule. This \r\narrangement may be employed in the construction of any infrastructur e project ; \r\nincluding critical facilities, which for security or strategic reasons must be operated \r\ndirectly by the Government Agency. \r\n2. Build-Lease-and-Transfer (BLT) : A contractual arrangement whereby the \r\nprivate party undertakes the financing and const ruction of an infrastructure project \r\nand upon its completion hands it over to the Government Agency on a lease \r\narrangement for a fixed period, after the expiry of which ownership of the project is \r\nautomatically transferred to the Government Agency. \r\n \r\n2Substituted by the Notification NO. SOE-III(P&D)1-51/2012, dated 2nd July, 2012; and published in the Punjab Gazette Part I, \r\ndated 11.7.2012. \r\n3. Build-Operate-and-Transfer (BOT): A contractual arrangement whereby the \r\nprivate party undertakes the financing and construction of an infrastructure project, and \r\nthe operation and maintenance thereof. The private party operates the facility over a \r\nfixed term during which it is allowed to collect from project users’ appropriate tariffs, tolls, \r\nfees, rentals, or charges not exceeding those proposed in the bid or negotiated and \r\nincorporated in the PPP agreement, to enable the private party to recover its investment \r\nand operating and maintenance expenses for the project. The private party transfers the \r\nfacility to the Government Agency at the end of the fixed term that shall be specified in \r\nthe PPP agreement. This shall include a supply -and-operate situation, which is a \r\ncontractual arrangement whereby the supplier of equipment and machinery for an \r\ninfrastructure project operates it, providing in the process technology transfer and \r\ntraining of the nominated individuals of the Government Agency. \r\n4. Build-Own-and-Operate (BOO) : A contractual arrangement whereby the \r\nprivate party is authorized to finance, construct, own, operate and maintain an \r\ninfrastructure project, from which the private party is allowed to recover its \r\ninvestment and operating and maintenance expense s by collecting user levies from \r\nproject users. The private party owns the project and may choose to assign its \r\noperation and maintenance to a project operator. The transfer of the project to the \r\nGovernment Agency is not envisaged in this arrangement. Howe ver, the \r\nGovernment Agency may terminate its obligations after the specified time period. \r\n5. Build-Own-Operate-Transfer (BOOT): A contractual arrangement similar to \r\nthe BOT agreement, except that the private party owns the infrastructure project \r\nduring the fixed term before its transfer to the Government Agency. \r\n6. Build-Transfer-and-Operate (BTO): A contractual arrangement whereby the \r\nGovernment Agency contracts out an infrastructure project to the private party to \r\nconstruct it on a turn -key basis, assu ming cost overruns, delays and specified \r\nperformance risks. Once the project is commissioned, the private party is given the \r\nright to operate the facility and collect user levies under the PPP agreement. The title \r\nof the project always vests in the Government Agency in this arrangement. \r\n7. Contract-Add-and-Operate (CAO): A contractual arrangement whereby the \r\nprivate party expands an existing infrastructure facility, which it leases from the \r\nGovernment Agency. The private party operates the expanded project and collects user \r\nlevies, to recover the investment over an agreed period. There may or may not be a \r\ntransfer arrangement with regard to the added facility provided by the private party. \r\n8. Develop-Operate-and-Transfer (DOT) : A contractual arrangement whe reby \r\nfavorable conditions external to an infrastructure project, which is to be built by the \r\nprivate party, are integrated into the PPP agreement by giving it the right to develop \r\nadjoining property and thus enjoy some of the benefits the investment create s such \r\nas higher property or rent values. \r\n9. Rehabilitate-Operate-and-Transfer (ROT) : A contractual arrangement \r\nwhereby an existing infrastructure facility is handed over to the private party to \r\nrefurbish, operate and maintain it for a specified period, d uring which the private \r\nparty collects user levies to recover its investment and operation and maintenance \r\nexpenses. At the expiry of this period, the facility is returned to the Government \r\nAgency. The term is also used to describe the purchase of an exist ing facility from \r\nabroad, importing, refurbishing, erecting and operating it. \r\n10. Rehabilitate-Own-and-Operate (ROO): A contractual arrangement whereby \r\nan existing infrastructure facility is handed over to the private party to refurbish, \r\noperate and maintain with no time limitation imposed on ownership. The private party \r\nis allowed to collect user levies to recover its investment and operation and \r\nmaintenance expenses in perpetuity. \r\n11. Management Contract (MC) : A contractual arrangement whereby the \r\nGovernment Agency entrusts the operation and management of an infrastructure \r\nproject to the private party for an agreed period on payment of specified \r\nconsideration. The Government Agency may charge the user levies and collect the \r\nsame either itself or entrust the collection for consideration to any person who shall \r\npay the same to the Government Agency. \r\n12. Service Contract (SC): A contractual arrangement whereby the private party \r\nundertakes to provide services to the Government Agency for a specified period w ith \r\nrespect to an infrastructure facility. 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