{ "schema_version": "qanun-law-text/1", "id": "punjab-code-f852de669e283c9f", "title": "PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2019", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWkFOws5UWY-", "version": null, "source_snapshot": "2026-08-06T16:59:51Z", "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": "c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0", "source_sha256": "c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0", "text_version_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2019 \r\n (XXX of 2019) \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\n \r\n4. The Board \r\n \r\n5. Disqualifications to become a Member \r\n \r\n6. Functions of the Board \r\n \r\n7. The PPP Cell \r\n \r\n8. Authority \r\n \r\n9. Functions of the Authority \r\n \r\n10. Chief Executive Officer \r\n \r\n11. Executive Committee \r\n \r\n12. Functions and Powers of the Executive Committee \r\n \r\n13. Risk Management Unit \r\n \r\nCHAPTER III \r\nPROJECT DELIVERY PROCESS \r\n \r\n14. PPP arrangements \r\n \r\n15. Project identification and preparation \r\n \r\n16. Project prioritization and approval \r\n \r\n17. Approval of Government support \r\n \r\n18. Consideration by the Board \r\n \r\n \r\n \r\n19. Selection of the private party \r\n \r\n20. Pre-qualification \r\n \r\n21. Bidding \r\n \r\n22. Single stage three envelope bidding \r\n \r\n23. Bid evaluation \r\n \r\n24. Bid security \r\n \r\n25. Government support \r\n \r\n26. Unsolicited proposals \r\n \r\n27. Non observance of timelines \r\n \r\n28. Preparation and negotiation of PPP agreement \r\n \r\n29. Project implementation and operation \r\n \r\n30. Setting and adjustment of user levies \r\n \r\n31. Dispute resolution \r\n \r\n32. Termination of the PPP agreement \r\n \r\n33. Vesting of the project in the private party \r\n \r\n34. Transfer of the project \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n \r\n35. Conflict of interest \r\n \r\n36. Disclosure of generic risks \r\n \r\n37. Integrity pact \r\n \r\n38. Public disclosure \r\n \r\n39. Prescribing and enforcing standards \r\n \r\n40. Indemnity by the private party \r\n \r\n41. Recovery of costs, dues and fees \r\n \r\n \r\n \r\n42. Protection of actions taken in good faith \r\n \r\n43. Power to make rules \r\n \r\n44. Power to frame regulations \r\n \r\n45. Applicability to Government Agencies \r\n \r\n46. Appointment by transfer \r\n \r\n47. Public servants \r\n \r\n48. Authority Fund \r\n \r\n49. Budget and accounts \r\n \r\n50. Audit \r\n \r\n51. Overriding provision \r\n \r\n52. Transition provision \r\n \r\n53. Repeal and savings \r\n \r\n54. Repeal \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PUBLIC PRIVATE PARTNERSHIP ACT 2019 \r\n (XXX of 2019) \r\n [13th December, 2019] \r\nAn \r\nAct \r\nto foster an enabling environment for private sector participation in development in \r\nthe Punjab through public private partnership. \r\nIt is necessary to create an enabling environment to promote the private sector \r\nparticipation and investment in partnership with the public sector for provision of \r\npublic infrastructure and services for accelerated economic growth; to bridge the gap \r\nin demand and supply of public infrastructure and services; to harness the \r\nsubstantive role of public private partnership as a mea ns of mobilizing private sector \r\nfunding, resources and expertise; and for the matters connected therewith or \r\nancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n \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 Act 2019. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Applicability.– The Act shall apply to all projects conceived, developed, \r\napproved and implemente d through Public Private Partnership in Province of the \r\nPunjab. \r\n3. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Public Private Partnership Act 2019; \r\n(b) “Authority” means the Punjab Public Private Partnership Authority \r\nestablished under the Act; \r\n(c) “Authority Fund” means the fund established under section 48 of the \r\nAct; \r\n(d) “availability based payments” means predetermined performance \r\nbased payments to the private party committed by the Government to \r\ncover the approved cost of provision of infrastructure and / o r service \r\nmade available or rendered by the private party, during lifecycle of \r\nPPP project; \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 25 November 2019; assented to by the Governor of the Punjab \r\non 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2587-2608 \r\n \r\n \r\n(e) “bid” means a technical and financial proposal submitted by a person \r\nwho is eligible under the Act to undertake a project; \r\n(f) “Board” means the Public Private Partnership Policy and Monitoring \r\nBoard of the company constituted under the Act; \r\n(g) “Company” means a company registered under the Companies Act, \r\n2017 (xix of 2017) or any other relevant law for the time being in force; \r\n(h) “concession” means grant of right of a public property by the Authority \r\nin return for stipulated services or a promise to exercise such right for a \r\nspecified purpose, in such manner under the Act; \r\n(i) “consortium” means an association of persons who have entered into a \r\nlegally enforceable contra ctual arrangement for purposes of entering \r\ninto a PPP agreement; \r\n(j) “construction” includes construction, reconstruction, rehabilitation, \r\nrenovation, improvement, expansion, addition, alteration and related \r\nactivities; \r\n(k) “Director” means a Director of the Executive Committee; \r\n(l) “Executive Committee” means the managing committee of the \r\nAuthority constituted under the Act; \r\n(m) “Government” means Government of the Punjab; \r\n(n) “Government Agency” means a department and an attached \r\ndepartment of the Government, a local gove rnment, or a body \r\ncorporate, statutory body or a corporation owned or controlled by the \r\nFederal Government or the Government; \r\n(o) “investment” includes financing, development and pre -operative capital \r\nexpenditure made or incurred on services, facilities, land, construction \r\nand equipment; \r\n(p) “lender” means a financial institution as defined in the Financial \r\nInstitutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001) or \r\nan establishment providing financial support with or without security; \r\n(q) “local government” means a local government as defined in the Punjab \r\nLocal Government Act 2019 (XIII of 2019) or any other law for the time \r\nbeing in force; \r\n(r) “Member” means a Member of the Board, and includes the \r\nChairperson and the Vice Chairperson of the Board; \r\n(s) “PPP agreem ent” means a contract between the public sector \r\nrepresented by the Authority and a private party for the provision of an \r\ninfrastructure facility or service through a project; \r\n(t) “person” includes a company, statutory body, entity, firm, association \r\nof persons, body of individuals, corporation, or a sole proprietor other \r\nthan a Government Agency; \r\n(u) “prescribed” means prescribed by the rules or the regulations made or \r\nframed under the Act; \r\n \r\n \r\n(v) “private party” means a person or Government Agency who enters into a \r\nPPP agreement with the Authority; \r\n(w) “project” means a public project implemented on Public Private \r\nPartnership basis; \r\n(x) “Project Development Facility (PDF)” means a facility including but not \r\nlimited to grants, loans, contributions from international donor agencies \r\nfor project development which includes financing the engagement of \r\ntransaction advisers, consultants and services for preparing proposals \r\nfor projects by the Authority; \r\n(y) “Public Private Partnership” means a commercial agreement between \r\nthe Authority and a private party pursuant to which the private party: \r\n(a) undertakes to perform a public function, provides a public \r\nservice or develops use of a public property on behalf of a \r\nGovernment Agency by, amongst other things, designing, \r\nconstructing, financing, operat ing, marketing or maintaining \r\nsuch public property; and \r\n(b) assumes substantial financial, technical, operational or \r\nenvironmental risks in connection with the performance of a \r\npublic function or provision of public service or use of a public \r\nproperty. \r\n(z) “regulations” means the regulations framed under the Act; \r\n(aa) “risk” means any event or circumstance affecting the project which can \r\nadversely affect performance and costs of any contractual obligation \r\nrelated thereto including design, construction, financing, opera tion or \r\nmaintenance; \r\n(bb) “rules” means the rules made under the Act; \r\n(cc) “Special Purpose Vehicle (SPV)” means a special purpose company \r\nestablished by the private party for implementation and operation of \r\nthe project to assume all the rights and obligations of th e private party \r\nunder the PPP agreement; \r\n(dd) “user levy” means a levy, without limitation, including annuity, charge, \r\nfee, tariff, toll, which may be collected under a PPP agreement; and \r\n(ee) “Viability Gap Fund (VGF)” means the funds or other assets the \r\nGovernment which are made available to the private party to support \r\nthe project including funds for covering revenue shortfalls by means of \r\ngrants, subsidies, guarantees, or any other mode approved by the \r\nBoard. \r\n \r\nCHAPTER II \r\nINSTITUTIONAL ARRANGEMENTS \r\n \r\n4. The Board .– (1) There shall be a Public Private Partnership Policy and \r\nMonitoring Board of the Authority to promote, facilitate, coordinate, direct and \r\noversee Public Private Partnership projects. \r\n \r\n \r\n(2) The Board shall consist of the following: \r\n(a) Chief Minister, Punjab; Chairperson \r\n(b) Minister for Planning and Development , \r\nPunjab or any other person nominated \r\nby the Chief Minister; \r\nVice Chairperson \r\n(c) Minister for Finance, Punjab; Member \r\n(d) Minister of the concerned Department; Member \r\n(e) two members of Provincial Assembly \r\nof the Punjab including one female \r\nmember of the Assembly, to be \r\nnominated by the Speaker of the \r\nAssembly for the term of the Assembly; \r\nMember \r\n(f) Chief Secretary, Punjab; Member \r\n(g) Chairman, Planning and Develo pment \r\nBoard, Punjab; \r\nMember \r\n(h) Senior Member, Board of Revenue; Member \r\n(i) Secretary to the Government, Finance \r\nDepartment; \r\nMember \r\n(j) Secretary to the Government, Law and \r\nParliamentary Affairs Department; \r\nMember \r\n(k) Secretary to the Government of the \r\nDepartment, administratively concerned \r\nwith reference to a project; \r\nMember \r\n(l) one representative of Chamber of \r\nCommerce and Industry to be \r\nnominated by the Government for a \r\nterm of three years; \r\nMember \r\n(m) three experts from private sector \r\nincluding one expert each from the field \r\nof finance, law and engineering industry \r\nrespectively to be nominated by the \r\nGovernment for a term of three years; \r\nMember \r\n(n) Chief Executive Officer, Punjab Board of \r\nInvestment and Trade (PBIT); \r\nMember \r\n(o) Chief Executive Officer of the Authority; \r\nand \r\nMember \r\n \r\n \r\n(p) Member (PPP), Planning and \r\nDevelopment Board \r\nMember/ Secretary \r\n \r\n(3) An ex-officio Member shall hold office as Member till such time he \r\nholds office by virtue of which he is a Member and upon his transfer therefrom or \r\nretirement or resignation, the person appointed in place of such member shall \r\nbe the Member. \r\n(4) The Government shall not nominate a person as expert Member \r\nunless he has at least sixteen years education in the relevant field, is of known \r\nintegrity and repute and possesses such experience in the relevant field as may \r\nbe prescribed. \r\n(5) The Board may co-opt for a project any person who is an expert in \r\nthe relevant field. \r\n(6) The Board shall meet once in every three months and otherwise \r\nas often as may be necessary for the implementation of the provisions of the Act \r\nor performance of its functions. \r\n(7) The quorum for the meeting of the Board shall be one half of the \r\nMembers present and voting including the Chairperson and the Vice \r\nChairperson: \r\n Provided that if an ex -officio Member is unable to attend the \r\nmeeting of the Board, he may authorize an officer, not bel ow the rank of an \r\nAdditional Secretary or equivalent of his Department for the purpose. \r\n(8) The Board may constitute such number of committees as it may \r\nconsider necessary or expedient to assist it in the performance of its functions \r\nunder the Act. \r\n(9) A meeting of the Board may be called if: \r\n(a) directed by the Chairperson or the Vice Chairperson, as the \r\ncase may be; or \r\n(b) requested by Members representing three fourths of the \r\nMembers of the Board; or \r\n(c) requested by the Authority and approved by the \r\nChairperson or the Vice Chairperson. \r\n \r\n5. Disqualifications to become a Member .- (1) No person shall be appointed \r\nor continue as a Member of the Board who: \r\n(a) is or, at any time, has been convicted of an offence involving \r\nmoral turpitude; \r\n(b) is or, at any time, has been adjudicated insolvent; \r\n(c) is found to be a lunatic or of unsound mind; \r\n(d) has become physically or mentally incapable of acting as a \r\nMember; \r\n(e) has committed gross negligence or willful misconduct; \r\n \r\n \r\n(f) has been dismissed from public or private employment; \r\n(g) has been convicted of corruption, financial embezzlement, \r\nmismanagement or malpractices; \r\n(h) receives or is found to have received any illegal gratification \r\nfrom a private party; or \r\n(i) having any interest, either monetary or otherwise, directly or \r\nindirectly in any privat e party tendering for PPP or involved in \r\nthe process in any way and failed to disclose such interest in \r\nwriting to the Government. \r\n(2) Subject to subsection (1), appointment of any Member may, at any \r\ntime, be revoked and such member shall stand removed fro m his office by order of \r\nthe Government. \r\n(3) A Member may at any time resign from his office by a written notice \r\naddressed to the Chairperson. \r\n6. Functions of the Board.– (1) The Board shall: \r\n(a) formulate the policies relating to the PPP projects for \r\nimplementation pursuant to the Act; \r\n(b) supervise and coordinate the implementation of the Act, \r\nrules and regulations; \r\n(c) approve a three years rolling business plan and annual plan \r\nof the Authority; \r\n(d) review three year rolling business plan and annual plan of \r\nthe Authority quarterly; \r\n(e) approve execution of projects proposed by the Authority \r\nunder the Act, so that the concerned Government Agency \r\nshall not seek execution of such projects by availing public \r\nfunds unless otherwise allowed in writing by the Board; \r\n(f) be the final deciding authority for all the PPP projects; \r\n(g) issue guidelines for the Authority or a Government Agency \r\nin resolving major problems impeding preparation and \r\nimplementation of PPP projects; \r\n(h) approve, reject or send back for reconsideration any project \r\nproposal submitted by the Authority; \r\n(i) approve, reject or send back for reconsideration the \r\nrecommendations submitted by the Authority for a PPP \r\nagreement to be awarded to a private party on the rates or \r\nterms and conditions different from the original approval; \r\n(j) approve, reject or send back for reconsideration any \r\nrecommendations of the Authority received through PPP \r\nCell for any direct or contingent support/ availability based \r\npayments for a project; \r\n \r\n \r\n(k) determine projects that may be undertaken on priority basis \r\nby the Authority; \r\n(l) determine the maximum limit of Government support \r\nreferred to in section 25 of the Act for any project; \r\n(m) approve Viability Gap Fund (VGF) requests upon \r\nrecommendation of the PPP Cell; \r\n(n) approve PDF funding requests of the Authority exceeding \r\nlimit of fifty million rupees; \r\n(o) accord approval for review and re -negotiation of PPP \r\nagreements, if necessary; \r\n(p) monitor PPP projects during concession period through \r\nPPP Cell; \r\n(q) constitute such committees, comprising of its members or \r\nother person(s) as deem ed relevant to the working of such \r\ncommittees, as it considers necessary or expedient to assist \r\nit in the performance of its function under the Act; \r\n(r) recommend the terms and conditions and performance \r\nincentives, if any, of the employment of the Chief Exec utive \r\nOfficer of the Authority; \r\n(s) provide general directions, oversight and supervision on the \r\naffairs and administration of the Authority; and \r\n(t) take all other steps necessary for giving effect to the \r\nprovisions of the Act. \r\n(2) In case of contingent liabilit y or financial commitment of the \r\nGovernment spanning beyond the ongoing financial year or allocated resources, \r\nprior approval of the Government shall be solicited before approval of such PPP \r\nprojects by the Board. \r\n(3) The Board may change any timeline provided in the Act except the \r\ntimelines mentioned in sections 20 and 24 of the Act. \r\n7. The PPP Cell.– (1) The Government shall, by notification in the official \r\nGazette, establish the PPP Cell in the Planning and Development Board of the \r\nGovernment to act as Secretariat of the Board. \r\n(2) The composition of the PPP Cell shall be such as may be \r\nprescribed and until so prescribed, as the Government may determine. \r\n(3) The PPP Cell shall: \r\n(a) provide administrative and secretarial support to the Board; \r\n(b) review and stre ngthen the institutional and regulatory \r\nframework for the effective implementation and operation of \r\nPPPs in the Punjab; \r\n(c) appraise PPP project proposals submitted by the Authority \r\nincluding feasibility study, business and financial model, \r\ninitial environment impact assessment and draft PPP \r\nagreements; \r\n \r\n \r\n(d) seek input of Risk Management Unit on the PPP project \r\nproposals submitted by the Authority in terms of (including \r\nbut not limited to) risk assessment and contingent liabilities; \r\n(e) appraise the requests for Viabi lity Gap Fund (VGF) \r\nfinancing received from the Authority in consultation with \r\nRisk Management Unit and place the recommendations \r\nthereof to the Board; \r\n(f) assist the Risk Management Unit in working out the annual \r\nbudget requirements for annuity payments; \r\n(g) evaluate, in close consultation with the Risk Management \r\nUnit, the type and amount of Government support that may \r\nbe made available for a project; \r\n(h) make recommendations to the Board for appropriate \r\ndecision; \r\n(i) monitor the PPP projects during concession period; and \r\n(j) perform such other functions as may be prescribed or \r\nassigned by the Board. \r\n8. Authority.– (1) The Government shall, by notification in the official \r\nGazette, establish an Authority to be known as the Punjab Public Private \r\nPartnership Authority. \r\n (2) The Authority shall be a body corporate, having perpetual \r\nsuccession and a common seal, with powers to enter into contracts, acquire or, \r\nsubject to subsection (3), dispose of both movable and immovable property, and \r\nmay, by the said name, sue or be sued. \r\n(3) The Authority shall not dispose of any immovable property without \r\nprior approval of the Government. \r\n9. Functions of the Authority.– (1) The Authority shall: \r\n(a) take necessary steps for the implementation of the \r\nprovisions of the Act and to achieve the obj ectives of the \r\nAct; \r\n(b) ensure that projects are consistent with the decisions of the \r\nGovernment, the Board and sectoral development policies; \r\n(c) facilitate debt markets, bank financing, international \r\nfinancial institutions and equity markets for financing the \r\npublic infrastructure/ services projects; \r\n(d) enhance capacity of the financial and capital markets to \r\nencourage healthy competition for projects; \r\n(e) enhance capacity of the engineering and construction \r\nindustry to encourage healthy competition for projects; \r\n(f) encourage key stakeholder consultations and engagements \r\nto raise confidence of the private sector for participation in \r\nthe projects; \r\n \r\n \r\n(g) develop expertise to raise financing for the projects through \r\nvarious financial instruments including but not limited to \r\nBonds, Sukook, T -bills, Securities, Pension Funds, and \r\npromote establishment of Infrastructure Finance \r\nCompany(ies); \r\n(h) prepare and execute a three year rolling business plan (to \r\nbe updated annually) / an annual plan of the Authority; \r\n(i) develop management, operating guidelines, procedures and \r\nmodel documents for projects; \r\n(j) identify suitable projects and prioritize them within its sector \r\nor geographical area of responsibility; \r\n(k) maintain a Project Development Facility (PDF) fund for \r\nfinancing the engagement of transact ion advisers and \r\nconsultants; \r\n(l) maintain a panel of transaction advisers and consultants, for \r\nuse by the Authority for PPP projects; \r\n(m) prepare a feasibility for the project and, if its outcome is \r\npositive, submit to the Board, through PPP Cell, a project \r\nproposal along with estimated cost of the project, type of \r\nPPP agreement and the details of Government support if \r\nrequired; \r\n(n) evaluate and prioritize project proposals; \r\n(o) conduct a competitive tendering process for a project \r\napproved by the Board, including a pre-qualification process \r\nand bidding by the pre -qualified bidders to select the \r\nsuitable private party; \r\n(p) carry out bid evaluation and make recommendations thereof \r\nfor consideration of the Board; \r\n(q) negotiate and sign on behalf of the Government the PPP \r\nagreement with the private party as approved by the Board; \r\n(r) monitor and evaluate implementation and operation of the \r\nproject; \r\n(s) evaluate the type and amount of Government support that \r\nmay be made available for a project in consultation with \r\nRisk Management Uni t and make recommendations to the \r\nBoard for appropriate decision; \r\n(t) assess whether requests for Government support and the \r\nproposed risk sharing arrangements are consistent with the \r\nAct, the rules and the regulations, and are fiscally \r\nsustainable; \r\n(u) assess re gulatory and social impediments involved in the \r\nplanning, development, financing, implementation, \r\nmanagement, supervision and delivery of a project and \r\nrecommend mitigation measures to the Board; \r\n \r\n \r\n(v) administer and manage the Funds of the Authority in the \r\nmanner determined by the Board; \r\n(w) constitute one or more committees or sub -committees \r\nconsisting of the Members of the Authority, the employees \r\nof the Authority, Government Agencies and such other \r\npersons as it may deem fit and assign functions to each \r\nsuch committee or sub-committee; \r\n(x) hire professional and supporting staff from public/ private \r\nsector for the Authority as approved by the Executive \r\nCommittee, from time to time; \r\n(y) appoint technical, professional and other experts, advisers, \r\nagents and consultants, including but not limited to \r\naccountants, bankers, engineers, lawyers, valuers for the \r\nAuthority as approved by the Executive Committee; \r\n(z) manage the project throughout its life cycle including but not \r\nlimited to project identification, project proposal prep aration \r\nincluding feasibility, tendering, supervising the \r\nimplementation and operation of the project, and if \r\napplicable, take over the project under a PPP agreement. \r\n(aa) review and re -negotiate PPP agreements, subject to prior \r\napproval of the Board; \r\n(bb) establish a complaint cell for speedy redressal of complaints \r\nof general public relating to the projects and a system of \r\nacknowledgment of complaints within fifteen days from the \r\ndate of receipt of a complaint along with stipulated timeline \r\nfor disposal of the complaint; and \r\n(cc) perform such other functions as may be prescribed or \r\nassigned by the Board. \r\n (2) The Authority shall prepare and submit its annual performance \r\nreport to the Government in the prescribed manner. \r\n10. Chief Executive Officer .- (1) The Government shall appoint a Chief \r\nExecutive Officer of the Authority from public or private sector. \r\n(2) The age, experience, qualifications, terms and conditions and \r\nperformance incentives, if any, of employment of the Chief Executive Officer \r\nshall be such as may be prescribed or until so prescribed , as the Government, \r\non the recommendations of the Board, may determine. \r\n(3) The Chief Executive Officer shall exercise such powers and perform \r\nsuch functions as may be assigned or delegated to him by th e Authority or by \r\nthe Executive Committee. \r\n11. Executive Committee .- (1) The Government shall, on the \r\nrecommendations of the Board, constitute, by notification in the official Gazette , \r\nthe Executive Committee of the Authority comprising not less than nine Directors. \r\n(2) The Executive Committee shall consist of the following: \r\n \r\n \r\n(a) Minister for Planning and \r\nDevelopment, Punjab or such \r\nperson as may be nominated by the \r\nChief Minister; \r\nChairperson \r\n(b) Chairman, Planning and \r\nDevelopment Board; \r\nVice Chairperson \r\n(c) Secretary, Planning and \r\nDevelopment Board; \r\nDirector \r\n(d) Secretary to the Government, \r\nFinance Department; \r\nDirector \r\n(e) Member (Infrastructure), Planning \r\nand Development Board; \r\nDirector \r\n(f) Member (PPP), Planning and \r\nDevelopment Board; \r\nDirector \r\n(g) A nominee of the Board amongst its \r\nthree expert members; \r\nDirector \r\n(h) Chief Executive Officer, PPP \r\nAuthority; and \r\nDirector \r\n(i) Chief Operating Officer, PPP \r\nAuthority. \r\nDirector/ Secretary \r\n(3) An ex-officio Member shall hold office as Director till such time he \r\nholds office by virtue of which he is a Director and upon his transfer therefrom or \r\nretirement or resignation, the person appointed in place of such Director shall be \r\nthe Director. \r\n(4) The Executive Committee shall meet once in every month and \r\notherwise as often as required for the implementation of the provisions of the Act \r\nor performance of its functions. \r\n(5) The quorum for a meeting of the Executive Committee shall be \r\none half of the Directors present including the Chairperson: \r\n Provided that if an ex-officio Director is unable to attend a meeting \r\nof the Executive Committee, he may authorize an officer, not below the rank of \r\nan Additional Secretary of his Department for the purpose. \r\n(6) A meeting of the Executive Committee may be called if: \r\n(a) directed by the Board; or \r\n(b) requested by Directors representing at least three fourths of \r\nthe Directors of the Executive Committee; or \r\n(c) requested by the Chief Executive Officer of the A uthority \r\nand approved by the Chairperson/ Vice-Chairperson. \r\n \r\n \r\n(7) The executive committee may constitute such committees as it \r\nmay deem necessary for performance of its functions under the Act. \r\n \r\n12. Functions and Powers of the Executive Committee. – (1) The \r\nExecutive Committee shall be responsible for the management and \r\nadministrative functions of the Authority as may be decided by the Board. \r\n (2) The Executive Committee shall perform, amongst others, the \r\nfollowing functions, namely: \r\n(a) approve PDF funding requests for the Authority up to a \r\nmaximum limit of fifty million rupees and in case a PDF \r\nfunding request exceeds this limit, the Executive Committee \r\nshall seek approval of the Board; \r\n(b) approve relevant accounting policies and financial reporting \r\nstandards and templates for contracting parties; \r\n(c) approve annual budget of the Authority; \r\n(d) monitor budget and accounts of the Authority; \r\n(e) approve the hiring of professional and supporting staff from \r\npublic sector for the Authority as deemed neces sary for the \r\nperformance of the functions of the Authority from time to \r\ntime; \r\n(f) approve the hiring of professional and supporting staff from \r\nprivate sector for the Authority as deemed necessary for the \r\nperformance of the functions of the Authority from time to \r\ntime on competitive market based salaries; \r\n(g) approve the Human Resource (HR) requirements along with \r\nHR manual of the Authority including recruitments, terms \r\nand conditions and perks and privileges as well as \r\nperformance incentives, if any, of the employees; \r\n(h) approve the appointment of technical professionals and \r\nother experts, advisers, agents and consultants, including \r\nbut not limited to accountants, bankers, engineers, lawyers, \r\nvaluers for the Authority; and \r\n(i) perform such other functions as may be presc ribed or \r\nassigned by the Board. \r\n \r\n13. Risk Management Unit .– (1) The Government shall, by notification \r\npublished in the Official Gazette, establish a Risk Management Unit in the \r\nFinance Department as may be prescribed, to act as a fiscal guardian for the \r\nprojects. \r\n (2) The Risk Management Unit shall: \r\n(a) develop risk management guidelines for approval by the \r\nBoard; \r\n \r\n \r\n(b) provide support and advice to the Authority or any \r\nGovernment Agency with regard to risk management in a \r\nproject throughout the public private partnership process; \r\n(c) examine, in consultation with the PPP Cell, whether \r\nrequests for Government support and the proposed risk \r\nsharing arrangements are consistent with the Act, rules and \r\nregulations, and are fiscally sustainable; \r\n(d) make recommendations to the Board through the PPP Cell; \r\n(e) recommend the inclusion of approved Government support, \r\nin the annual budget(s) of the Province as referred in \r\nsection 25; \r\n(f) make recommendations for making annuity payments as \r\nreferred in clauses (a) and (b) of subsection (5) o f section \r\n25 of the Act, to the private party of a project (as elaborated \r\nin the project proposal) referred to it by PPP Cell before \r\nplacing the same in the Board for decision; \r\n(g) subject to the approval by the Board and signing of the PPP \r\nagreement for a pro ject, Risk Management Unit work out \r\nthe annual budget requirements for annuity payments \r\nreferred in clause (f) above and forward the same to the \r\nFinance Department of the Government for inclusion in the \r\nannual budget of the Province; \r\n(h) monitor direct and c ontingent liabilities of the Government \r\nincurred through the projects; and \r\n(i) perform such other functions as may be prescribed or as \r\nthe Board may assign. \r\n \r\nCHAPTER III \r\nPROJECT DELIVERY PROCESS \r\n14. PPP arrangements.– Subject to the Act, the Authority may: \r\n(a) enter into a PPP agreement with a private party for the \r\nperformance of functions in relation to the design and construction \r\nof a project, or provision of services relating to a project, or \r\nmanagement of a project, or the provision of finance or technology \r\nfor the design and construction of a project, or the operation of a \r\nproject, or for any one or more of the said functions; \r\n(b) arrange or provide for any applicable payment to the private party \r\nin accordance with the terms and conditions of the PPP \r\nagreement; \r\n(c) subject to the recommendation of the PPP Cell, seek approval of \r\nthe Board to transfer an interest in a project or part of a project to a \r\nprivate party or a nominee of the private party, by transfer, \r\nassignment, conveyance, lease, license or otherwise; and \r\n \r\n \r\n(d) subject to the PPP agreement, accept the transfer of an interest of \r\nthe private party or a nominee of the private party, in a project or \r\npart of a project, by transfer, assignment, conveyance, lease, grant \r\nor surrender. \r\n \r\n15. Project identification and preparation.– (1) The Authority shall identify \r\nand conceptualize potential projects which relate to development activities falling \r\nwithin sector or geographical area of the PPP project. \r\n(2) The Authority shall prioritize the projects and prepare project \r\nproposals, using criteria such as supply and demand gaps, social and economic \r\nbenefits, financial attractiveness, risks and uncertainties involved, and readiness \r\nfor implementation. \r\n(3) The Authority shall identify and prepare a project proposal , obtain \r\napproval of the Board and shall complete this phase before tendering. \r\n(4) A project proposal shall consist of, amongst other things, an \r\nanalysis of feasibility and sustainability of the project including detailed business \r\ncase and financial model justifying project’s financial and economic viability over \r\nthe expected duration of the project, risk analysis, initial environmental impact \r\nassessment, analysis of the need for Government support, the affordability of \r\nthe project, determination of the public private pa rtnership modality, and \r\npreparation of bid documents including a draft PPP agreement. \r\n(5) The Authority may seek approval of the Board through PPP Cell, \r\nfor availing the Project Development Facility (PDF) funds exceeding the ceiling \r\nof fifty million rupees for hiring of transaction advisors / consultants if required for \r\npreparation of PPP project proposals. \r\n(6) The money spent by the Authority through PDF funds for project \r\npreparation shall be reimbursed to the Authority by the successful bidder before \r\nfinancial close. \r\n16. Project prioritization and approval.– (1) The Authority shall: \r\n(a) prioritize the projects that pass the review across sectors and \r\nthe Province by taking into account the policy and the \r\ndevelopment objectives of the Government and submit them \r\nto the Board through PPP Cell for its consideration and \r\napproval; and \r\n(b) maintain a list of approved projects and publicize the list by \r\npublishing it on the web. \r\n(2) The Authority may exercise quality control of project proposals by \r\nreviewing the viability of a project and the completeness of the proposal in terms \r\nof documentation. \r\n17. Approval of Government support.– (1) The Authority shall include all \r\nrequests for Government support as an integral part of a project proposal. \r\n(2) The Authority shall forward all requests for Government support \r\nthrough the PPP Cell to the Risk Management Unit, which shall revi ew their \r\n \r\n \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, within thirty days, make through \r\nthe PPP Cell, appropriate recommendations to the Board for approval , rejection \r\nor reconsideration of the proposed Government support / availability based \r\npayments. \r\n(4) If approved by the Board, the Government shall make necessary \r\narrangements for the availability of funds during project life cycle through its \r\ninclusion in the annual budgetary process. \r\n18. Consideration by the Board .– (1) The Board shall, by taking into \r\naccount the recommendations of the PPP Cell and the Risk Management Unit, \r\nconsider a project proposal submitted by the Authority and may, within thirty \r\ndays from the receipt of such proposal, either approve the proposal with or \r\nwithout modification, or reject it or return it to the Authority for amendment and \r\nresubmission. \r\n(2) In case a project proposal is returned for amendment, restructuring \r\nand resubmission, the Authority shall take suitable action to amend the project \r\nproposal and resubmit the proposal for consideration and approval within thirty \r\ndays of such resubmission by the Board and any decision concerning such \r\nresubmitted proposal shall be taken by the Board. \r\n19. Selection of the private party .– (1) After the appro val of the project \r\nproposal by the Board, the Authority shall select a private party for the project \r\nthrough competitive public tendering, using a process of prequalification and \r\nbidding. \r\n (2) The Authority shall not enter into direct negotiations with any \r\nperson without competitive public tendering. \r\n20. Pre-qualification.– The Authority shall conduct pre -qualification, where \r\nnecessary, in the following manner: \r\n(a) a public notice inviting participation in pre -qualification for \r\nundertaking a project shall be published on the websites of \r\nthe Authority and Punjab Procurement Regulatory Authority \r\nestablished under section 3 of the Punjab Procurement \r\nRegulatory Authority Act 2009 ( VIII of 2009) , and also in at \r\nleast two daily national newspapers for national comp etitive \r\nbidding and additionally in one international newspaper for \r\ninternational competitive bidding providing at least fifteen \r\ndays for national competitive bidding and thirty days for \r\ninternational competitive bidding for preparation of pre -\r\nqualification application; \r\n(b) for a project with a total cost equal to or exceeding four \r\nbillion rupees, the pre -qualification notice shall also be \r\npublished in at least one international newspaper; \r\n(c) a person who intends to participate in the pre -qualification \r\nshall provide information with regard to his legal, technical, \r\n \r\n \r\nmanagerial and financial capacity to undertake the project in \r\nsuch form along with such particulars as may be specified by \r\nthe Authority; \r\n(d) in case the person is a consortium, its members and their \r\nroles a nd proposed shareholding shall be disclosed at the \r\npre-qualification stage, and the consortium shall provide a \r\nwritten and legally enforceable undertaking from its \r\nmembers to be jointly and severally liable if awarded the \r\ncontract, for the obligations of the private party; \r\n(e) the Authority shall examine the information and other \r\nparticulars submitted by the person and shall, within thirty \r\ndays, decide as to whether such person fulfills the criteria \r\nfor prequalification as laid down by the Authority; \r\n(f) a person who fulfills the criteria shall be a pre -qualified \r\nperson; \r\n(g) if less than three persons are pre-qualified, the Authority may \r\nanalyze the reasons for such response and either proceed \r\nfor bidding after recording the reasons, or revise project \r\nstructuring, and reinitiate the pre -qualification process for \r\nadditional participants; \r\n(h) if a consortium is a pre -qualified person, the lead \r\nconsortium member shall not be replaced earlier than four \r\nyears after the commissioning of the project without the \r\napproval of the Bo ard and no such approval shall be given \r\nunless the consortium finds a suitable replacement with \r\nequal or better qualifications for replacing the withdrawing \r\nmember; \r\n(i) subject to approval by the Board through the PPP Cell, any \r\nother member of a consortium may, prior to execution of the \r\nPPP agreement or during the term of the PPP agreement, \r\nwithdraw, provided that the remaining members are still \r\nlegally, technically and financially capable of successfully \r\ncarrying out the implementation and operation of the \r\nproject, or that an acceptable substitute with equal or better \r\nqualifications is available to replace the withdrawing \r\nmember; \r\n(j) any change in the shareholding of the consortium shall also \r\nbe subject to approval of the Board; and \r\n(k) if the consortium fails to co mply with the requirement of \r\nclause (h), clause (i) or clause (j), the consortium shall \r\ncease to be a prequalified person. \r\n21. Bidding.– (1) After selecting pre -qualified persons, the Authority shall, \r\nwithin seven days from the completion of the pre -qualification process, issue bid \r\ndocuments to the prequalified persons and shall give adequate time to pre -\r\nqualified persons for preparation and submission of bids. \r\n \r\n \r\n(2) The Authority may adopt single stage two envelop or two stage two \r\nenvelop bidding process in the prescribed manner. \r\n(3) The bid documents shall include– \r\n(a) instructions for bidders; \r\n(b) minimum design and performance standards and \r\nspecifications; \r\n(c) draft PPP agreement; \r\n(d) bid form, specifying the information required to evaluate the \r\nbid and the bid evaluation criteria; \r\n(e) bid security form and performance bond form; and \r\n(f) any other document relevant to the project, such as the \r\nfeasibility study and environmental impact assessment. \r\n(4) To provide clarifications to bidders and to discuss the terms and \r\nconditions of the PPP agreement, the Authority shall, within such period as it \r\ndeems reasonable, conduct a pre -bid meeting with the bidders and may, if \r\nnecessary, issue addendum to the bidding documents. \r\n(5) If only one valid bid is received up to the last date for subm ission \r\nof bids, the Authority may evaluate it, and depending on the results of such \r\nevaluation and after recording reasons: \r\n(a) negotiate or enter into the PPP agreement with the said \r\nsingle bidder; or \r\n(b) after a market research to ascertain the reasons for the \r\npoor response to the call for bids, restructure the project \r\nproposal and the proposed Government support and submit \r\nthe revised proposal to the Board. \r\n(6) The Board shall deal with the revised proposal in the same manner \r\nas is prescribed for a new proposal for a project. \r\n \r\n22. Single stage three envelope bidding .– (1) Notwithstanding anything \r\ncontained in section 20 and 21, the Authority may, with prior approval of Board, \r\ncombine the processes of pre -qualification and bidding through single stage \r\nthree envelopes process in the prescribed manner. \r\n(2) In case of single stage three envelopes bidding process– \r\n(a) the Authority shall first open the envelope relating to pre -\r\nqualification of a person, and if the person is not \r\nprequalified, the other two envelopes submitted by such \r\nperson shall not be opened at any stage; and \r\n(b) the PPP Cell, Risk Management Unit and the Authority shall \r\nobserve such timelines as may be prescribed. \r\n \r\n23. Bid evaluation .– (1) The Authority shall, within fifteen days from the \r\nreceipt of the bids, evaluate the bids. \r\n \r\n \r\n(2) On receipts of bids, the Authority shall assess the technical, \r\noperational, and environmental responsiveness of the bids received, according \r\nto the requirements, criteria, minimum standards, and basic parameters \r\nspecified in the bid documents, and shall reject non-responsive bids. \r\n(3) After the technical evaluation of the bids, the Authority shall \r\nconduct a financial evaluation of the responsive bids; and, depending on the \r\ntype of the project, it may use one or mor e of the following parameters for the \r\nevaluation: \r\n(a) lowest proposed tariff, toll, fee or charge at the start of \r\noperation of the project if a parametric formula for periodical \r\ntariff adjustment is specified in the bid documents; \r\n(b) lowest present value of the p roposed tariffs, tolls, fees and \r\ncharges for the period covered under the PPP agreement if \r\nthere 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 provided \r\nfor the period covered under the PPP agreement; \r\n(e) highest present value of the proposed payments to the \r\nGovernment, such as concession fees, lease or rental \r\npayments, fixed or guaranteed payments or variable \r\npayments and percentage shares of revenues for the period \r\ncovered by the PPP agreement; or \r\n(f) such other parameters as are determined by the Board on \r\nthe recommendation of the PPP Cell, or the Risk \r\nManagement Unit. \r\n(4) The Authority with the prior approval of the Board may reject a \r\nspeculative or unrealistic bid as non -responsive but such rejection of a bid shall \r\nnot lead to the termination of the bidding process. \r\n(5) If the result of bidding process leads to a bid conforming to the \r\nproject estimate, type of PPP agreement and Government support if approved \r\nby the Board, the Authority may proceed with execution of the PPP agreement. \r\n(6) If the lowest bid is higher than project estimate or in case there is a \r\nneed to restructure the project or type of PPP agreement, the same shall be \r\nsubmitted to the Board for approval. \r\n(7) The lowest / successful bidder may, at his own motion without any \r\nnegotiation by the Government, voluntarily reduce the bid amount at any stage \r\nbefore entering into PPP agreement with prior notice to the Board. However, \r\nsuch voluntarily reduction must not affect any change in the approved terms and \r\nconditions of his prequalification and bid document. \r\n(8) The Authority shall announce the result of the bidding process and \r\nissue a notice for execution of PPP agreement to the selected private party \r\nwithin ten days of the bid evaluation or approval of the Board, if applicable. \r\n \r\n \r\n \r\n24. Bid security.– (1) A pre -qualified person shall deposit with the Authority \r\nthe bid security along with financial bid equivalent to the amount as determined \r\nby the Authority based on the project cost. \r\n(2) The Authority shall, within thirty days after the award, return the bid \r\nsecurity amount to all unsuccessful bidders in the prescribed manner. \r\n \r\n25. Government support.– (1) The Authority shall indicate the Government \r\nsupport, if any, approved by the Board for a project. \r\n(2) The Government support may take the following forms: \r\n(a) administrative support to the private party in obtaining licenses \r\nand other statutory and non -statutory clearances from the \r\nFederal Government, any public sector organization or a \r\nGovernment Agency for purposes of the project on such terms \r\nand conditions as may be prescribed: such support shall be \r\navailable for all types of projects; \r\n(b) provision by public sector organization of utility connections \r\nfor power, gas and water at project site; clearance of right of \r\nway or acquisition of land necessary for the project; and, \r\nrehabilitation and resettlement necessitated because of the \r\nexecution of the project: such support shall be available for \r\nall types of PPP projects; \r\n(c) Government equity, in the form of land or infrastructure \r\nfacilities owned by the Federal Government or the \r\nGovernment or a Government Agency, to be calculated with \r\nreference to the current market value of land or infrastructure \r\nor future value of discounted cash flows accruing or arising \r\nfrom asset to be offered, with reference to the project cost and \r\nits capital structure or debt equity ratio: such support on first \r\ncome first served basis shall be available for the projects \r\nwhere the bidding competition is not instantly expected; \r\n(d) the Board may identify projects where there appears to be a \r\nsupply side constraint, leading to no competition or little room \r\nfor competition and standard terms and rates are to be \r\noffered to all private parties: the projects falling under such \r\nsector, requiring Government support as specified in this \r\nsection including Government equity participation, direct \r\nfinancial assistance through Viability Gap Fund or other \r\nasset based facilitation, may be referred by the Authority \r\nthrough PPP Cell for a decision of the Board and in such \r\nprojects, the Board may (by recording the reasons in writing) \r\napprove Government support on first come first served basis, \r\nfor specific duration or window of opportunity; \r\n(e) Government grants under the Government’s control such \r\nas changes in the law, delay of agreed user levy \r\nadjustments, early termination of the PPP agreement owing \r\nto no fault of the private party, and expropriation: such of \r\nsupport shall be available for all projects; \r\n \r\n \r\n(f) Government guarantees for other risks such as demand \r\nrisk, and default by the Authority on payments due under a \r\nPPP agreement: the need for this type of support shall be \r\ndetermined on case to case - basis as part of the risk \r\nsharing analysis undertaken during project negotiations. \r\n(3) Where after approval of the Board, the Authority decides to offer \r\nGovernment support on first come first serve basis, it shall invite proposals \r\nthrough wide publicity. \r\n(4) (a) Direct financial assistance from the Viability Gap Fund: such \r\nsupport may be offered for projects which, in the opinion of the Board, are \r\neconomically and socially viable, but may not be financially attractive enough for \r\ninvestment; and \r\n(b) Government shall ensure that adequate resources are annually \r\nallocated through Annual Development Program (ADP) and disbursed to PPP \r\nCell as Viability Gap Fund to meet its annual obligations for the projects \r\napproved for such funding by the Board. \r\n(c) All the Viability Gap Fund support for the PPP project(s) shall be \r\nclearly indicated in the bidding documents and included in the PPP agreement \r\nwith the approval of the Board. \r\n(5) (a) In case of availability based payments, subject to approval by \r\nthe Board, the Authority shall ensure payment to the private party through \r\nbudgetary allocations made by the Government during lifecycle of Project (by \r\nmeans of annuity payments) to cover the approved bid cost of provision of \r\ninfrastructure and/or services fully or partially, in accordance with the approved \r\nterms and conditions of the PPP agreement. \r\n(b) On the recommendation of Risk Management Unit as referred in \r\nsection 13(2) hereof, Finance Department of the Government shall ensure \r\nprovision of requisite funds to the Authority for making annuity payments to the \r\nprivate party as set out in section 25(5)(a), in the annual budgets of the Province \r\nwith prior approval of the Government. \r\n \r\n26. Unsolicited proposals.– (1) A project proposal submitted by a person to the \r\nAuthority for a project, together with a written confirmation that it is economically \r\nviable, shall be considered as an unsolicited proposal. \r\n(2) An unsolicited proposal shall be accompanied by a feasibility study, \r\nenvironmental impact statement, and a draft PPP agreement, need for Government \r\nsupport and determination of the public private partnership modalities. \r\n(3) The Authority shall consider an unsolicited proposal from all aspects \r\nincluding technical, environmental and financial aspects, and in case of requirement \r\nof additional information, the Authority may request for the submission of a n \r\namended or modified proposal. \r\n(4) Within seven days from the receipt of an unsolicited proposal, the \r\nAuthority shall require the person to submit details about legal, technical, managerial \r\nand financial capability of the person, as well as the cost of preparing the unsolicited \r\nbid with relevant supporting evidence for its consideration and such information shall \r\n \r\n \r\nbe submitted to the Authority within seven days from the receipt of such \r\nrequirement. \r\n(5) Within seven days from the receipt of information required under \r\nsubsection (4), the Authority shall evaluate the unsolicited proposal and, if it is found \r\nto be economically, technically and environmentally feasible and the information \r\nsubmitted by the person about his own legal, technical, managerial and financial \r\ncapability is satisfactory, t he Authority may submit the unsolicited proposal to the \r\nPPP Cell and Risk Management Unit. Thereafter the PPP Cell shall submit its \r\nrecommendations to the Board along with input of the Risk Management Unit. The \r\nBoard, thereafter, shall make a decision on such proposal. \r\n(6) The decision of the Board with regard to an unsolicited proposal shall \r\nbe communicated in writing by the Authority to the person who submitted such \r\nproposal within seven days from the receipt of the decision of the Board. \r\n(7) If the Board approves the unsolicited proposal, the Authority shall invite \r\ncompetitive bids for the project identified in such proposal by following the bid \r\nprocedure described in sections 19 to 24 and, if prequalification is conducted, the \r\nperson submitting the uns olicited proposal shall not be required to be pre -qualified \r\nand may directly participate in the bidding process. \r\n(8) The Authority shall give the person who made the unsolicited proposal \r\nfive percent additional weightage in technical scoring and first righ t to match or \r\nimprove the best bid received in response to the call for bids, if its bid is not the best \r\nbid. \r\n(9) If the person who submitted the unsolicited bid fails to match the best \r\nbid, the Authority shall direct the successful bidder to reimburse to the person who \r\nsubmitted the unsolicited proposal the amount specified in the bid documents as the \r\ncost of preparing the unsolicited bid but the reasonability of the cost of preparation of \r\nunsolicited proposal shall be determined by the Authority. \r\n(10) If other valid competitive bids, except the bid of the person who \r\nsubmitted the unsolicited proposal, are not received, the Authority may negotiate the \r\nPPP agreement with the person who submitted the unsolicited proposal or decide with \r\nprior approval of the Board to undertake the bidding process afresh by following the \r\nprocedure described in sections 19 to 24, after recording the reasons for re-bidding. \r\n(11) In case more than one unsolicited proposals are submitted for a specific \r\nproject to the Authority, the Board may accept the best case option out of the said \r\nproposals on the recommendations of the PPP Cell, and thereafter, such proposals \r\nshall be processed in the manner as stated in subsections (2) to (10) above. \r\n \r\n27. Non observance of timelines .– Subject to section 6(3), if the PPP Cell, the \r\nRisk Management Unit or the Authority fails to observe the timelines mentioned in \r\nthe Act or the rules, the Board after a prior notice may direct the PPP Cell to place \r\nthe proposal before the Board and the Board may consider the proposal assuming \r\nthat the Authority and Risk Management Unit have no objection to the project \r\nproposal. \r\n \r\n28. Preparation and negotiation of PPP agreement .– (1) The draft PPP \r\nagreement which forms part of the bid documents shall clearly define the legal \r\n \r\n \r\nrelationship between the Authority and the selected private party, their rights and \r\nresponsibilities including the specific Government support for the project. \r\n(2) The draft PPP agreement shall contain the following provisions, as \r\napplicable:- \r\n(a) type of the project; \r\n(b) general terms and conditions of contract; \r\n(c) special conditions of contract; \r\n(d) scope of works and services to be provided under the project; \r\n(e) main technical specifications and performance standards; \r\n(f) environmental and safety requirements; \r\n(g) implementation milestones and completion date of the project; \r\n(h) Cost recovery scheme through user levies, including \r\nmechanism for their periodical adjustment; \r\n(i) performance bonds for construction works and operation; \r\n(j) minimum insurance coverage; \r\n(k) acceptance tests and procedures; \r\n(l) rights and obligations of the parties including risk sharing; \r\n(m) type and amount of Government support; \r\n(n) amount of availability based payments (on annuity basis); \r\n(o) transfer of assets, if any, at the conclusion of the term of the \r\nPPP agreement; \r\n(p) warranty period and procedures after the transfer; \r\n(q) requirements and procedure for variations of the PPP \r\nagreement; \r\n(r) grounds for and effects of termination of the PPP agreement \r\nincluding force majeure; \r\n(s) procedures and venue for disputes resolution; \r\n(t) financial reporting by the private party; and \r\n(u) supervision mechanism of the Authority. \r\n(3) The Authority shall not enter into a PPP agreement except in \r\naccordance with the procedure mentioned in the Act and the rules. \r\n(4) The Authority shall ensure co nclusion of contract negotiations with the \r\nselected private party within thirty days of receipt of the approval of the bid by the \r\nBoard. \r\n(5) The negotiations shall focus on the terms and conditions not specified \r\nin the bid documents but no post-bid changes in the terms and conditions mentioned \r\nin the bid documents, as binding and which formed part of the bid evaluation, shall \r\nbe allowed as a consequence of contract negotiations. \r\n \r\n \r\n \r\n29. Project implementation and operation .– (1) Before signing the PPP \r\nagreement with the Authority, the private party may establish, without changing its \r\nshareholding, a Special Purpose Vehicle (SPV) for implementation and operation of \r\nthe project and such SPV shall assume all the rights and obligations of the private \r\nparty under the PPP agreement. \r\n(2) The private party shall prepare a detailed design and implementation \r\nplan in accordance with the technical specificatio ns contained in the PPP \r\nagreement, and shall submit these to the Authority for consent prior to the start of \r\nthe work. \r\n(3) The private party shall execute the project in accordance with the \r\nperformance standards and technical specifications contained in the PPP agreement \r\nand the design and implementation plans approved in accordance with the PPP \r\nagreement. \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 t he \r\nacceptance of the completed works by the Authority and for projects which include \r\noperation by the private party, the private party shall also post or furnish another \r\nperformance bond or bank guarantee upon the acceptance of the completed works \r\nto guarantee compliance with the operating parameters and standards specified in \r\nthe PPP agreement. \r\n(5) Within one hundred and eighty days of the signing of the PPP \r\nagreement or such other period as is specified in the PPP agreement, the private \r\nparty shall achieve financial closure for the project. \r\n(6) The Authority shall not allow variations in the PPP agreement during \r\nthe implementation and operation of the project unless the following requirements \r\nare met:- \r\n(a) There is no increase in the agreed tariffs except 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 \r\nstandards, fundamental change in the contractual arrangement \r\nor extension of the term of the PPP agreement, except in cases \r\nof breach by the Authority of its obligations; \r\n(c) There is no additional government guarantee or increase in the \r\nfinancial exposure of the Government; \r\n(d) The variation in the PPP agreement is necessary due to an \r\nunforeseeable event beyond the control of the Authority or the \r\nprivate party; and \r\n(e) Any such change is approved by the Board. \r\n(7) The Authority shall supervise and evaluate the project during its \r\nimplementation and operation to ensure its conformity with the plans, specifications, \r\nperformance standards and user levies set forth in the PPP agreement, and to assess \r\nits actual outcomes. \r\n(8) The Authority shall submit biannual reports on project performance to \r\nthe Board. \r\n \r\n \r\n \r\n30. Setting and adjustment of user levies .– (1) The Authority shall set the user \r\nlevies at levels that ensure financial viability of the project by fully covering the \r\ncapital, operation and maintenance costs plus a reasonable rate of return to the \r\nprivate party or the Authority. \r\n(2) Notwithstanding anything contained in any other law, the private party \r\nshall have the right to receive or collect tariffs or payments in accordance with and at \r\nthe rates set forth in the PPP agreement, either from end users or from the Authority. \r\n(3) Unless specified in the bid documents, the Authority shall determine \r\nthe user levies through bidding and the user levies shall be adjusted periodically \r\nduring the term of the PPP agreement in accordance with the terms and conditions \r\nof the PPP agreement. \r\n(4) If the Autho rity keeps the user levies at lower levels to make the \r\nservices provided by the project affordable to the end users, the Authority shall \r\ncompensate the private party for the difference by making appropriate payments as \r\nagreed in the PPP agreement through Viability Gap Fund. \r\n \r\n31. Dispute resolution .– (1) In case of any dispute between Authority and a \r\nprivate party in relation to or arising out of the PPP agreement, the parties shall \r\nresolve the dispute in the following manner:- \r\n(a) The parties shall first deliberate to achieve a consensus; \r\n(b) If no consensus is achieved, the parties shall settle the dispute \r\nin an amicable manner by mediation by an independent and \r\nimpartial person appointed by the Board; and \r\n(c) If no amicable settlement of the dispute has been reached by \r\nmediation, the parties shall resolve the dispute by arbitration in the \r\ncity of Lahore or any other place, agreed to by the parties, in \r\nPakistan in accordance with the arbitration clause contained in the \r\nPPP agreement and the arbitral award may be enfor ced in any \r\ncourt of competent jurisdiction. \r\n(2) The disputes shall be decided in accordance with the laws of Pakistan \r\nand pursuant to the Arbitration Act, 1940 (X of 1940), or any amending/repealing law \r\nthereof or under any other law as may be specified in the PPP agreement. \r\n \r\n32. Termination of the PPP agreement .– A party to the PPP agreement may \r\nterminate the agreement in the following cases:- \r\n(i) If the Authority fails to comply with any major obligation in the PPP \r\nagreement, and such failure is not remedia ble or, if remediable, \r\nremains un-remedied for a period of time as set out in the agreement, \r\nthe private party may terminate the agreement with written notice to \r\nthe Authority as provided in the PPP agreement and, in the event of \r\nsuch termination, the proj ect shall be transferred to the Authority and \r\nthe private party shall be entitled to compensation by the Authority as \r\nprovided in the PPP agreement; or \r\n \r\n \r\n(ii) If the private party fails to perform the agreement, or fails to achieve \r\nthe prescribed technical and performance standards, or fails to comply \r\nwith any major obligations in the PPP agreement, and such failure is \r\nnot remediable or, if remediable, remains u n-remedied for a period of \r\ntime as set out in the agreement, the Authority may terminate the \r\nagreement with written notice to the private party as provided in the \r\nPPP agreement and, in such a case, the Authority shall either take \r\nover the project and assume all related liabilities or allow lenders of the \r\nprivate party to exercise their rights and interests as specified in the \r\nloan agreements relating to the project; or \r\n(iii) (a) If, either party to PPP agreement is unable to perform in whole or in \r\npart(s) its obl igations as set forth in the PPP agreement due to \r\nforce majeure , then such party shall give the other party prompt \r\nwritten notice of such cause, and shall be relieved of those \r\nobligations to the extent it is unable to perform for as long as such \r\ncause continues or for a period as set forth in the PPP agreement, \r\nwhichever is less; \r\n(b) If after expiry of such period, the party affected by such force \r\nmajeure is unable to continue performance of its obligations, the \r\nPPP agreement may be terminated in accordan ce with procedure \r\nlaid down in the PPP agreement; \r\n(c) In case of termination due to force majeure , the allocation of the \r\nrisk and compensation formulae to be applied in such instance shall \r\nbe set forth in the PPP agreement. \r\n \r\n33. Vesting of the project in the private party.– Subject to the PPP agreement, \r\nthe completed project may vest in the private party for a period not exceeding thirty \r\nyears and on expiry of such period, the project shall vest in the Authority. \r\n \r\n34. Transfer of the project.– Upon completion of the tenure of a PPP agreement \r\nfor a project and transfer of such project to the Authority, all assets, benefits, claims, \r\nrights, and obligations (if any) of the said project shall be transferred by the Authority \r\nto the respective Government Agency subject to the approval by the Board. \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n \r\n35. Conflict of interest.– (1) A Member or Director shall not, directly or indirectly, \r\nreceive any profit from his position as a Member or Director except the reasonable \r\nexpenses incurred by him in the performance of his duties. \r\n(2) The pecuniary interests of immediate family members or close \r\npersonal or business associates of a Member or Director shall also be considered \r\nthe pecuniary interests of the Member or Director. \r\n(3) A Member or Director shall be in conflict of interest if he: \r\n(a) is an employee, or a paid consultant of a private party or a \r\nconsortium or lender of the private party or consortium; or \r\n \r\n \r\n(b) owns, controls, or has direct or indirect interest in a business \r\nventure of a private party or a member of a consortium; or \r\n(c) receives any income from a business venture of a private party \r\nor a member of a consortium; or \r\n(d) himself, or one or more members of his family, business \r\npartners or close personal associates, may personally benefit \r\neither directly or indirectly, financially or otherwise, from his \r\nposition on the Board or the Authority. \r\n(4) A Member or Director shall disclose a potential, real or perceived \r\nconflict of interest as soon as he becomes aware of the potential conflict to the \r\nBoard or its Chairperson and Vice Chairperson or Executive Committee, if the \r\nmeeting of the Board or Executive Committee has not been convened. \r\n(5) If a Member or Director is not certain about the conflict of interest \r\nsituation, he shall bring the matter before the Board or Authority for advice. \r\n(6) The decision of the Board on conflict of interest shall be final. \r\n(7) A Member or Director shall not take part in the proceedings of the \r\nBoard or Executive Committee in which any question of his conflict of i nterest is on \r\nthe agenda. \r\n(8) The disclosure of conflict of interest and the decision of the Board or \r\nExecutive Committee shall be recorded in the minutes of the meeting of the Board or \r\nAuthority. \r\n \r\n36. Disclosure of generic risks .– (1) The Authority shall , as far as possible, \r\nprovide in the PPP agreement, or any other ancillary or additional agreement(s), a \r\nlist of generic risks involved in the project along with allocation and treatment of such \r\ngeneric risks. \r\n(2) The Government or the Authority shall not be liable to any claim of the \r\nprivate party for a generic risk which is not specified in the PPP agreement or any \r\nother ancillary or additional agreement(s). \r\n \r\n37. Integrity pact.– The Authority shall, for every project, enter into an integrity \r\npact with the private party along with the PPP agreement. \r\n \r\n38. Public disclosure.– (1) A PPP agreement or any other ancillary or additional \r\nagreement shall be a public document. \r\n(2) The Aut hority shall make arrangements for inspection or provision of \r\ncopies of a PPP agreement or any other ancillary or additional agreement(s). \r\n(3) Any person may, subject to the payment of the prescribed fee and any \r\nother reasonable restriction, inspect or obt ain copies of a PPP agreement or any \r\nother ancillary or additional agreement(s). \r\n(4) The Board may, by recording reasons in writing, declare the whole or \r\npart of a document not to be a public document. \r\n \r\n39. Prescribing and enforcing standards .– The Authority with the approval of \r\nthe Board may– \r\n \r\n \r\n(a) prescribe and enforce performance standards for a project \r\nincluding standards of performance of the private party in regard \r\nto the services to be rendered by it to the end users; \r\n(b) prescribe quality standards including standards of materials, \r\nequipment and other resources or processes relevant to \r\ninfrastructure projects including planning criteria, construction \r\npractices and standards of such facilities, operating standards \r\nand maintenance schedules for regulating the w orking of the \r\nprivate party to ensure efficiency and adherence to the \r\nprescribed quality standards; \r\n(c) prescribe the mode of output -based contracting, performance -\r\nbased payment systems and output -based procurement \r\nprocedures; \r\n(d) establish a uniform system of ac counts to be followed by the \r\nprivate party; \r\n(e) take steps to promote effective competition and efficiency in \r\nprojects using the public private partnership approach; \r\n(f) prescribe the mode of conducting public hearing and \r\nconsultation with stakeholders; and \r\n(g) prescribe any other standards for regulating the infrastructure \r\ndevelopment through public private partnership. \r\n \r\n40. Indemnity by the private party .– The private party shall indemnify the \r\nAuthority against any defect in design, construction, maintenance or opera tion of the \r\nproject and be liable to reimburse all costs, charges, expenses, losses and damages \r\nsuffered by the Authority or an end user due to any such defect. \r\n \r\n41. Recovery of costs, dues and fees .– (1) The Authority may recover the sum \r\ndue from the private party as ascertained through the dispute resolution procedure \r\nunder the Act as arrears of land revenue under the Punjab Land Revenue Act, 1967 \r\n(XVII of 1967). \r\n(2) The Authority shall designate a n officer as Collector to exercise the \r\npowers of the Collector under the Punjab Land Revenue Act, 1967 (XVII of 1967) for \r\nrecovery of arrears under subsection (1). \r\n \r\n42. Protection of actions taken in good faith .– No suit, claim or other legal \r\nproceedings s hall lie against the Board or the Authority, as the case may be, the \r\nAuthority or any member, director, officer, servant, adviser or a representative of the \r\nBoard or Authority in respect of anything done or intended to be done in good faith \r\nunder the Act or under any rules or regulations made under the Act. \r\n \r\n43. Power to make rules .– The Board, on the recommendation of the Executive \r\nCommittee, may, by notification in official Gazette, make such rules as may be \r\nrequired to carry out the purposes of the Act. \r\n \r\n \r\n \r\n44. Power to frame regulations.– Subject to the Act and the rules, the Authority \r\nmay, with the prior approval of the Board, by notification in the official Gazette, frame \r\nregulations for carrying out its functions under the Act. \r\n \r\n45. Applicability to Go vernment Agencies. – (1) The Authority, may, with the \r\napproval of the Board, seek inclusion of a Government Agency: \r\n(a) for undertaking the role assigned to the Authority independently \r\nor jointly with the Authority for a project in such way as may be \r\nrequired by the Authority; or \r\n(b) to assist and facilitate the Authority in connection with a project \r\nin such way as may be required by the Authority. \r\n (2) A Government Agency under sub section (1) , shall be obligated \r\nto assist the Authority in such manner as may be required by the Authority. \r\n \r\n46. Appointment by transfer. – (1) The Government may, on the request of the \r\nAuthority, allow transfer of the services of a Government employee to the Authority \r\non the terms and conditions as approved by the Board in case of Chief Executive \r\nOfficer; and as approved by the Executive Committee, in case of other categories of \r\nthe officers / officials respectively, which shall not be less favorable than those \r\nadmissible to him immediately before his transfer to the Authority. \r\n(2) An employee transferred under subsection (1) shall continue to be the \r\nemployee of the Government, liable to be transferred back to the Government as \r\nand when required by the Government. \r\n \r\n47. Public servants.– The Chairperson, Vice Chairperson, Members, Directors, \r\nEmployees of the Authority shall, when acting or purporting to act in pursuance of \r\nany of the provisions of the Act, be deemed to be public servants within the \r\nmeanings of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). \r\n \r\n48. Authority Fund.– (1) The Authority shall administer and manage a Fund to \r\nbe known as the Authority Fund comprising of the following: \r\n(a) such sums as the Federal Government may from time to time \r\ngrant or lend; \r\n(b) such sums as the Government may from time to time grant or \r\nlend; \r\n(c) such sums as the Board may allow as operational cost of the \r\nAuthority - to be charged from private party in accordan ce with \r\nits approved terms and conditions of the PPP agreement during \r\nconcession period of the project, provided that such sums must \r\nnot exceed one percent of the total approved project cost, and \r\nin case such sums in a financial year exceed the operational \r\nexpense of the Authority-the excess amount shall be transferred \r\nto PDF/ VGF funding accounts as may be prescribed by the \r\nFinance Department; \r\n(d) grants or funds provided to the Authority by international donor \r\nagencies, bodies through Government; and \r\n \r\n \r\n(e) grants or loans raised or otherwise obtained by the Authority \r\nfrom any lender for the purposes of the Act or the working of the \r\nAuthority with prior approval of the Government. \r\n(2) The Authority shall meet its operational expenses from the Authority \r\nFund as may be prescribed. \r\n(3) The Authority shall open and maintain its accounts at such scheduled \r\nbanks as may be prescribed by the Finance Department of the Government and until \r\nso prescribed as the Executive Committee may determine. \r\n(4) Revenue share from PPP agreement(s), if any, shall not constitute part \r\nof the Authority Fund and shall be maintained in a separate account(s) as prescribed \r\nby the Finance Department of the Government. \r\n \r\n49. Budget and accounts. – (1) The Authority shall maintain proper accounts \r\nand other records relating to its financial affairs including its income and \r\nexpenditures, and its assets and liabilities in such form and manner as may be \r\nprescribed. \r\n(2) The financial year of the Authority shall be the same as that of the \r\nGovernment and upo n the conclusion of a financial year, the Authority shall, in the \r\nmanner prescribed, cause to be prepared for each financial year, statements of \r\naccounts of the Authority which shall include a balance sheet and an account of \r\nincome and expenditure. \r\n(3) No expenditure for which provision has not been made in the approved \r\nbudget shall be incurred without prior approval of the Policy Board. \r\n \r\n50. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Authority. \r\n(2) The Authority shall, if required , take appropriate remedial or other \r\nactions in the light of the audit report prepared by the Auditor General of Pakistan. \r\n \r\n51. Overriding provision.– Notwithstanding anything contained in any other law, \r\nthe provisions of the Act shall have effect to the extent of the projects under the Act. \r\n \r\n52. Transition provision.– A PPP agreement signed with a private party prior to \r\nthe coming into force of the Act, shall be valid until the end of the term established in \r\nsuch agreement. \r\n \r\n53. Repeal and savings .– (1) The Punjab Public Private Partnership Act 2014 \r\n(IX of 2014) is hereby repealed. \r\n(2) Notwithstanding repeal of the Punjab Public Private Partnership Act \r\n2014 (IX of 2014) , anything done or any action taken or purported to have been \r\ndone or taken under Act IX of 2014 shall, in so far as it is not inconsistent with the \r\nprovisions of the Act, be deemed to have been done or taken under the \r\ncorresponding provisions of this Act. \r\n(3) Notwithstanding the repeal of the Punjab Public Private Partnership \r\nAct 2014 (IX of 2014) , the Government's Notification dated October 10, 2007, \r\n \r\n \r\nbearing reference No. E&A (P&D)1 -285/2007 and other related notifications issued \r\nfrom tim e to time establishing the PPP Cell and Risk Management Unit shall \r\ncontinue to remain in force. \r\n(4) Notwithstanding anything contained in the Act or any other law for the \r\ntime being in force or in any agreement, deed, document or other instrument, all \r\nemployees of the Risk Management Unit shall be deemed to be employees of the \r\nRisk Management Unit as mentioned in section 13 of the Act, on the terms and \r\nconditions not less favourable than the existing terms and conditions of the service, \r\nrights and privilege s and other matters as were applicable to them immediately \r\nbefore such continuance in office or transfer under the Act. \r\n(5) All debts and obligations incurred or contracts entered into or rights \r\nacquired and all matters and things engaged to be done by, wi th or for the PPP Cell \r\n/ Risk Management Unit shall be deemed to have been incurred, entered into, \r\nacquired or engaged to be done under the Act. \r\n(6) All suits and other legal proceedings instituted by or against the PPP \r\nCell shall be deemed to be suits and proceedings under the Act and shall be \r\nproceeded or otherwise dealt with accordingly. \r\n(7) A reference to the PPP Cell/RMU in any statutory instrument or \r\ndocument shall, unless the context otherwise requires, be read and construed as \r\nreference to the Act. \r\n \r\n54. Repeal.– The Punjab Public Private Partnership Ordinance 2019 (XI of 2019) \r\nis hereby repealed.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-0-1784:43f1262b639ff57731d581be732b87a572b289467a0d5d6ad803d8859b01e742", "character_start": 0, "character_end": 1784, "utf8_byte_start": 0, "utf8_byte_end": 1784, "passage_sha256": "43f1262b639ff57731d581be732b87a572b289467a0d5d6ad803d8859b01e742", "reader_fragment": "p-0-1784-43f1262b639ff577" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-1784-3518:d62ea8ae2d061fee54924597ec8a1ca84268d8f6f808243e27c5c08be78db862", "character_start": 1784, "character_end": 3518, "utf8_byte_start": 1784, "utf8_byte_end": 3532, "passage_sha256": "d62ea8ae2d061fee54924597ec8a1ca84268d8f6f808243e27c5c08be78db862", "reader_fragment": "p-1784-3518-d62ea8ae2d061fee" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-3518-5309:ff0d00828d36c0c6f739afd9ce816ba072206c536638cab4543ec3404c64059b", "character_start": 3518, "character_end": 5309, "utf8_byte_start": 3532, "utf8_byte_end": 5363, "passage_sha256": "ff0d00828d36c0c6f739afd9ce816ba072206c536638cab4543ec3404c64059b", "reader_fragment": "p-3518-5309-ff0d00828d36c0c6" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-5309-7107:f943d4658b43a0ba26b131fd0d9d4f23b5133fe80a73826b599c70a9c08d66f1", "character_start": 5309, "character_end": 7107, "utf8_byte_start": 5363, "utf8_byte_end": 7209, "passage_sha256": "f943d4658b43a0ba26b131fd0d9d4f23b5133fe80a73826b599c70a9c08d66f1", "reader_fragment": "p-5309-7107-f943d4658b43a0ba" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-7107-8874:7229ea920c70f560ddf4f73eb2cb0eae98480db3e13cf67c802fe08f6e0075c2", "character_start": 7107, "character_end": 8874, "utf8_byte_start": 7209, "utf8_byte_end": 9004, "passage_sha256": "7229ea920c70f560ddf4f73eb2cb0eae98480db3e13cf67c802fe08f6e0075c2", "reader_fragment": "p-7107-8874-7229ea920c70f560" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-8874-10672:f5e97ccf02afdc6367342be62be623b3feddada8f39f7d979cea279a0ebe2825", "character_start": 8874, "character_end": 10672, "utf8_byte_start": 9004, "utf8_byte_end": 10804, "passage_sha256": "f5e97ccf02afdc6367342be62be623b3feddada8f39f7d979cea279a0ebe2825", "reader_fragment": "p-8874-10672-f5e97ccf02afdc63" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-10672-12467:b5b6b4efa67bab06f312d9998d4ad2e113a0c8c37f15e7955b8ac55fc6a700b3", "character_start": 10672, "character_end": 12467, "utf8_byte_start": 10804, "utf8_byte_end": 12599, "passage_sha256": "b5b6b4efa67bab06f312d9998d4ad2e113a0c8c37f15e7955b8ac55fc6a700b3", "reader_fragment": "p-10672-12467-b5b6b4efa67bab06" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-12467-14215:62cfee472a82ba1d030253a42697658b934393a956abb79924c85a776a5142e7", "character_start": 12467, "character_end": 14215, "utf8_byte_start": 12599, "utf8_byte_end": 14349, "passage_sha256": "62cfee472a82ba1d030253a42697658b934393a956abb79924c85a776a5142e7", "reader_fragment": "p-12467-14215-62cfee472a82ba1d" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-14215-15981:0cd1e817a52faca4c2d9d18a728281b76aa8022815c39a7f5ce88da50c1ef98a", "character_start": 14215, "character_end": 15981, "utf8_byte_start": 14349, "utf8_byte_end": 16115, "passage_sha256": "0cd1e817a52faca4c2d9d18a728281b76aa8022815c39a7f5ce88da50c1ef98a", "reader_fragment": "p-14215-15981-0cd1e817a52faca4" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-15981-17737:639e276c0c7b54ccbb7bfbfc855f2de7a5dcf0b524091253696ca653f05944c3", "character_start": 15981, "character_end": 17737, "utf8_byte_start": 16115, "utf8_byte_end": 17873, "passage_sha256": "639e276c0c7b54ccbb7bfbfc855f2de7a5dcf0b524091253696ca653f05944c3", "reader_fragment": "p-15981-17737-639e276c0c7b54cc" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-17737-19477:b8d49ef8a71b9079f87a697a296b38d43816f909258193fcdb7afb0b5a85c82c", "character_start": 17737, "character_end": 19477, "utf8_byte_start": 17873, "utf8_byte_end": 19617, "passage_sha256": "b8d49ef8a71b9079f87a697a296b38d43816f909258193fcdb7afb0b5a85c82c", "reader_fragment": "p-17737-19477-b8d49ef8a71b9079" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-19477-21267:f5bfd6c0397a36042d78ffa1a22cb0917faf053b7e676c35d1e92c8f9e9ad6da", "character_start": 19477, "character_end": 21267, "utf8_byte_start": 19617, "utf8_byte_end": 21407, "passage_sha256": "f5bfd6c0397a36042d78ffa1a22cb0917faf053b7e676c35d1e92c8f9e9ad6da", "reader_fragment": "p-19477-21267-f5bfd6c0397a3604" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-21267-23042:f6e50df73b69aef9b1c0028d01b947436e402716a0cbf914a5faf684bcb202bf", "character_start": 21267, "character_end": 23042, "utf8_byte_start": 21407, "utf8_byte_end": 23182, "passage_sha256": "f6e50df73b69aef9b1c0028d01b947436e402716a0cbf914a5faf684bcb202bf", "reader_fragment": "p-21267-23042-f6e50df73b69aef9" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-23042-24819:1c9ba83bfc0c109869d0425ad094efac4dd78476bd20ee43eedc887f096f6e91", "character_start": 23042, "character_end": 24819, "utf8_byte_start": 23182, "utf8_byte_end": 24959, "passage_sha256": "1c9ba83bfc0c109869d0425ad094efac4dd78476bd20ee43eedc887f096f6e91", "reader_fragment": "p-23042-24819-1c9ba83bfc0c1098" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-24819-26609:5cf3cd8233c30459fd573a71209547e85567571bad911f32d4f3330c93b7707b", "character_start": 24819, "character_end": 26609, "utf8_byte_start": 24959, "utf8_byte_end": 26751, "passage_sha256": "5cf3cd8233c30459fd573a71209547e85567571bad911f32d4f3330c93b7707b", "reader_fragment": "p-24819-26609-5cf3cd8233c30459" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-26609-28393:0f5b9352a498647cc27ed74e4ad079b669e0f54857ab8415dbb317c8c8f4b98e", "character_start": 26609, "character_end": 28393, "utf8_byte_start": 26751, "utf8_byte_end": 28537, "passage_sha256": "0f5b9352a498647cc27ed74e4ad079b669e0f54857ab8415dbb317c8c8f4b98e", "reader_fragment": "p-26609-28393-0f5b9352a498647c" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-28393-30184:d6da04cbc000eea2a6b1291c0d646caa6457366b4a6d73b3fe8a4e28b651c8f0", "character_start": 28393, "character_end": 30184, "utf8_byte_start": 28537, "utf8_byte_end": 30330, "passage_sha256": "d6da04cbc000eea2a6b1291c0d646caa6457366b4a6d73b3fe8a4e28b651c8f0", "reader_fragment": "p-28393-30184-d6da04cbc000eea2" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-30184-31905:fd174804fbf3d261cf16912e23ced4ee415099d330223a6e1a7afeaf95223042", "character_start": 30184, "character_end": 31905, "utf8_byte_start": 30330, "utf8_byte_end": 32055, "passage_sha256": "fd174804fbf3d261cf16912e23ced4ee415099d330223a6e1a7afeaf95223042", "reader_fragment": "p-30184-31905-fd174804fbf3d261" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-31905-33696:7c9f78e52370796761484152db9c74abf0667d62a87d79d06e384736afc8fde5", "character_start": 31905, "character_end": 33696, "utf8_byte_start": 32055, "utf8_byte_end": 33850, "passage_sha256": "7c9f78e52370796761484152db9c74abf0667d62a87d79d06e384736afc8fde5", "reader_fragment": "p-31905-33696-7c9f78e523707967" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-33696-35471:8842f50e6a758097b317bc3bbb695b36c523cc1550add8842b4e1e0214b6bb0c", "character_start": 33696, "character_end": 35471, "utf8_byte_start": 33850, "utf8_byte_end": 35631, "passage_sha256": "8842f50e6a758097b317bc3bbb695b36c523cc1550add8842b4e1e0214b6bb0c", "reader_fragment": "p-33696-35471-8842f50e6a758097" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-35471-37262:9a9fa4ee29feb042fc03a9ca2fcdba0bacbd3574afd9ad5cfb51dc442ea6f1fa", "character_start": 35471, "character_end": 37262, "utf8_byte_start": 35631, "utf8_byte_end": 37422, "passage_sha256": "9a9fa4ee29feb042fc03a9ca2fcdba0bacbd3574afd9ad5cfb51dc442ea6f1fa", "reader_fragment": "p-35471-37262-9a9fa4ee29feb042" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-37262-39045:2bb3cdb23252a89501179895c1d41f50e62b7208f13d74794f54a83b3278f563", "character_start": 37262, "character_end": 39045, "utf8_byte_start": 37422, "utf8_byte_end": 39207, "passage_sha256": "2bb3cdb23252a89501179895c1d41f50e62b7208f13d74794f54a83b3278f563", "reader_fragment": "p-37262-39045-2bb3cdb23252a895" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-39045-40827:370ec41babd89e4c0fa0fd49858dedfe5ce5e8e5c63cce511cc8b8172bce721d", "character_start": 39045, "character_end": 40827, "utf8_byte_start": 39207, "utf8_byte_end": 40995, "passage_sha256": "370ec41babd89e4c0fa0fd49858dedfe5ce5e8e5c63cce511cc8b8172bce721d", "reader_fragment": "p-39045-40827-370ec41babd89e4c" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-40827-42612:1670a6eeda8e11bbeecd6f5976ee7824d9170796eec056021dc979a17d35c07d", "character_start": 40827, "character_end": 42612, "utf8_byte_start": 40995, "utf8_byte_end": 42782, "passage_sha256": "1670a6eeda8e11bbeecd6f5976ee7824d9170796eec056021dc979a17d35c07d", "reader_fragment": "p-40827-42612-1670a6eeda8e11bb" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-42612-44369:9d212c35420007106593f39632b5cbe1101502b4390c3a969b9bf4831d2f3d85", "character_start": 42612, "character_end": 44369, "utf8_byte_start": 42782, "utf8_byte_end": 44543, "passage_sha256": "9d212c35420007106593f39632b5cbe1101502b4390c3a969b9bf4831d2f3d85", "reader_fragment": "p-42612-44369-9d212c3542000710" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-44369-46127:544f054efca30343694b24bafc861f2a9ca89fee8b40f5c48773d37c0f9cad03", "character_start": 44369, "character_end": 46127, "utf8_byte_start": 44543, "utf8_byte_end": 46301, "passage_sha256": "544f054efca30343694b24bafc861f2a9ca89fee8b40f5c48773d37c0f9cad03", "reader_fragment": "p-44369-46127-544f054efca30343" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-46127-47918:26f1fced81bf76b37001bd455274c10bcbb4a19f02257e199e71537c1de6920c", "character_start": 46127, "character_end": 47918, "utf8_byte_start": 46301, "utf8_byte_end": 48094, "passage_sha256": "26f1fced81bf76b37001bd455274c10bcbb4a19f02257e199e71537c1de6920c", "reader_fragment": "p-46127-47918-26f1fced81bf76b3" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-47918-49646:7215a6bf68923faaf0314b5490607adb6f00a8b30162a65bb33b153c7debf7d8", "character_start": 47918, "character_end": 49646, "utf8_byte_start": 48094, "utf8_byte_end": 49824, "passage_sha256": "7215a6bf68923faaf0314b5490607adb6f00a8b30162a65bb33b153c7debf7d8", "reader_fragment": "p-47918-49646-7215a6bf68923faa" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-49646-51444:ae3dd48483fd87900fdd82ea0c85cdc564ee537b206aae87cc3ee9800c535a1d", "character_start": 49646, "character_end": 51444, "utf8_byte_start": 49824, "utf8_byte_end": 51622, "passage_sha256": "ae3dd48483fd87900fdd82ea0c85cdc564ee537b206aae87cc3ee9800c535a1d", "reader_fragment": "p-49646-51444-ae3dd48483fd8790" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-51444-53203:d5812c2bbdcd57dbb0a8246a00a2c4b565bbbb21989c100876191024f76a9049", "character_start": 51444, "character_end": 53203, "utf8_byte_start": 51622, "utf8_byte_end": 53385, "passage_sha256": "d5812c2bbdcd57dbb0a8246a00a2c4b565bbbb21989c100876191024f76a9049", "reader_fragment": "p-51444-53203-d5812c2bbdcd57db" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-53203-55001:4c16ca87ad0fee71ba35cd04eed5f225fd3d36baca475aa49ddc7491ed7d22c9", "character_start": 53203, "character_end": 55001, "utf8_byte_start": 53385, "utf8_byte_end": 55183, "passage_sha256": "4c16ca87ad0fee71ba35cd04eed5f225fd3d36baca475aa49ddc7491ed7d22c9", "reader_fragment": "p-53203-55001-4c16ca87ad0fee71" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-55001-56760:2b9428afc1c557d71d281fd20d63ec422ed1627bd65d8fcb6d75b62972d3e6ea", "character_start": 55001, "character_end": 56760, "utf8_byte_start": 55183, "utf8_byte_end": 56944, "passage_sha256": "2b9428afc1c557d71d281fd20d63ec422ed1627bd65d8fcb6d75b62972d3e6ea", "reader_fragment": "p-55001-56760-2b9428afc1c557d7" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-56760-58532:4a3867dc615b2b61d0b455da2113b89e5f99ff920829d0285943b9e2e5f348f0", "character_start": 56760, "character_end": 58532, "utf8_byte_start": 56944, "utf8_byte_end": 58718, "passage_sha256": "4a3867dc615b2b61d0b455da2113b89e5f99ff920829d0285943b9e2e5f348f0", "reader_fragment": "p-56760-58532-4a3867dc615b2b61" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-58532-60282:2abff3c10e6b4681d07ef830d3f56e8b792b79d7865e2c96319c86ae3cc519bf", "character_start": 58532, "character_end": 60282, "utf8_byte_start": 58718, "utf8_byte_end": 60470, "passage_sha256": "2abff3c10e6b4681d07ef830d3f56e8b792b79d7865e2c96319c86ae3cc519bf", "reader_fragment": "p-58532-60282-2abff3c10e6b4681" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-60282-62021:df4b7f39c0d2117d96b066d2dfa1f33e42e8a5d55f9af5fc0b326714f1b9efd7", "character_start": 60282, "character_end": 62021, "utf8_byte_start": 60470, "utf8_byte_end": 62211, "passage_sha256": "df4b7f39c0d2117d96b066d2dfa1f33e42e8a5d55f9af5fc0b326714f1b9efd7", "reader_fragment": "p-60282-62021-df4b7f39c0d2117d" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-62021-63812:6413e4cda204d08ce564c82879922526ecb890790f6affadae018377df7cfbbf", "character_start": 62021, "character_end": 63812, "utf8_byte_start": 62211, "utf8_byte_end": 64008, "passage_sha256": "6413e4cda204d08ce564c82879922526ecb890790f6affadae018377df7cfbbf", "reader_fragment": "p-62021-63812-6413e4cda204d08c" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-63812-65601:c2199a1d96ab6a8b21a5a876cb035626c4880f90636657db635f44fa6ce0368b", "character_start": 63812, "character_end": 65601, "utf8_byte_start": 64008, "utf8_byte_end": 65799, "passage_sha256": "c2199a1d96ab6a8b21a5a876cb035626c4880f90636657db635f44fa6ce0368b", "reader_fragment": "p-63812-65601-c2199a1d96ab6a8b" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-65601-67343:8bb8dd48d129552789a13c3cc199bd00321b50130530e141fcff802b3068363f", "character_start": 65601, "character_end": 67343, "utf8_byte_start": 65799, "utf8_byte_end": 67549, "passage_sha256": "8bb8dd48d129552789a13c3cc199bd00321b50130530e141fcff802b3068363f", "reader_fragment": "p-65601-67343-8bb8dd48d1295527" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-67343-69065:6e4db8fac7166f0763c850fcb2dd9b58dccbbeefa99788e8fecec128263c694c", "character_start": 67343, "character_end": 69065, "utf8_byte_start": 67549, "utf8_byte_end": 69279, "passage_sha256": "6e4db8fac7166f0763c850fcb2dd9b58dccbbeefa99788e8fecec128263c694c", "reader_fragment": "p-67343-69065-6e4db8fac7166f07" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-69065-70808:6da241cbf697591748fb47ae0da96669454f88aff0068ea9888618682bd7a915", "character_start": 69065, "character_end": 70808, "utf8_byte_start": 69279, "utf8_byte_end": 71030, "passage_sha256": "6da241cbf697591748fb47ae0da96669454f88aff0068ea9888618682bd7a915", "reader_fragment": "p-69065-70808-6da241cbf6975917" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-70808-72593:740c9d3929ba7944e3731850d65f6c630c05ebad9a19a5367277d0c4636fd76c", "character_start": 70808, "character_end": 72593, "utf8_byte_start": 71030, "utf8_byte_end": 72817, "passage_sha256": "740c9d3929ba7944e3731850d65f6c630c05ebad9a19a5367277d0c4636fd76c", "reader_fragment": "p-70808-72593-740c9d3929ba7944" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-72593-74314:740e6de10f2dc0ad6def08e6017a8b221911ad2043e1c696ba0ca5165bf8b335", "character_start": 72593, "character_end": 74314, "utf8_byte_start": 72817, "utf8_byte_end": 74548, "passage_sha256": "740e6de10f2dc0ad6def08e6017a8b221911ad2043e1c696ba0ca5165bf8b335", "reader_fragment": "p-72593-74314-740e6de10f2dc0ad" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-74314-76065:d85c99581d4cd25c674c6243356edd45327610d96b49eb4a9df9ecb105363732", "character_start": 74314, "character_end": 76065, "utf8_byte_start": 74548, "utf8_byte_end": 76299, "passage_sha256": "d85c99581d4cd25c674c6243356edd45327610d96b49eb4a9df9ecb105363732", "reader_fragment": "p-74314-76065-d85c99581d4cd25c" }, { "passage_id": "law:punjab-code-f852de669e283c9f:sha256:c5403cce7f35cf11c5f4a70a485c319bfe4911270474fec1156f0af3c14f0de0:chars-76065-76274:f72b4e02eb7da3dfe6e543ced576e9236ce035c80db653eddf8311f3160dcaa4", "character_start": 76065, "character_end": 76274, "utf8_byte_start": 76299, "utf8_byte_end": 76510, "passage_sha256": "f72b4e02eb7da3dfe6e543ced576e9236ce035c80db653eddf8311f3160dcaa4", "reader_fragment": "p-76065-76274-f72b4e02eb7da3df" } ] }