Schedule of The Punjab Infrastructure (Development & Regulation) Act, 2002 — -I

Unless directed otherwise by the Board, the following powers and authority of the Board shall be exercised by the Managing Director.

I Contracts, Engagements and Payments

To Sign all contracts, engagements of professionals/ individuals/ entities, legal documents, financial documents and all other letters/ correspondence required to be signed for and on behalf of the Board and making of payments in pursuance thereof, provided that no contract shall be signed without obtaining due sanction from the competent authority i.e. Member Secretary, as required under Sub-Section (5) of Section 23 of the Act.

II Establishment Matters

1. (i)To act as the appointing authority in case of fresh appointments pertaining to employees equivalent to Group “C” and “D” category of Punjab Government, any employees already on the payroll and working for the Board on deputation or otherwise and to make suitable recommendations for other categories of employees of the Board.
2. (ii)Promotion of employees as per the bye-laws or decision(s) of the Board, assigning appropriate designation to properly reflect the job profile, substitution of new posts against the existing posts on account of promotion of employees or changed job requirements and recommending the creation of additional posts to the Board and the procedure for selection and appointment thereto.
3. (iii)To act as the appointing authority and punishing authority in the case of employees equivalent to Group “C” and “D” category of Punjab Government and to make suitable recommendations for other categories of employees of the Board.
4. (iv)Grant of leave to the employees as per the bye-laws of the Board.
5. (v)Powers to refuse leave or to recall employees from leave.
6. (vi)Grant of up to five advance increments on the recommendations of the selection committee at the time of confirmation of employees in cases where the Managing Director is the appointing authority.
7. (vii)Approving the entitlements for the employees under the bye-laws or decision(s) of the Board regarding travel, medical reimbursement, LTC, provident fund, bonus, gratuity, advance for purchase of vehicle, advances for house building, exgratia grants etc.
8. (viii)Awarding and reviewing of penalties prescribed in the bye-laws or by the decision(s) of the Board.
9. (ix)Grant of annual increments in accordance with the scale prescribed by the Board. Where no pay scales have been prescribed, the Managing Director shall be automatically authorized and considered competent to prescribe and sanction higher pay scale or annual increment upto the rate of twenty percent of the total annual emoluments.
10. (x)Deputing the officers of the Board and the officers of the concerned Public Infrastructure Agencies who are associated with projects being executed in pursuance of the provisions of the Act to attend training programs, short term courses, conferences etc. and sanction expenses for the same.
11. (xi)Engaging private Service Providers for cleaning, housekeeping, secretarial work, administrative assistance, managerial/ professional assistance, record keeping, library maintenance, accounting, bookkeeping and other support services for the office of the Board.
12. (xii)Declaration of completion of probation and extension in the period of probation, as may be applicable to all categories of employees.
13. (xiii)Confirmation of employees in the service of the Board.
14. (xiv)Deputing representatives of PIDB to the Sectoral Sub-Committees, under Article 9(2) of the bye-laws. III Financial Matters
15. (i)Controlling, drawing and disbursing officer for himself/ herself and all the employees of the Board.
16. (ii)Sanctioning of actual cost of travel by employees of the Board, provided such travel is undertaken in the interest of the official work of the Board.
17. (iii)Determining the rate of honorarium payable per meeting and approving the payment of honorarium and reimbursement of expenses on account of attending the meetings of the Board, to the technical experts nominated by the State Government as members of the Board in pursuance of Clause (g) of Sub-Section 2 of Section 18 of the Act.
18. (iv)Sanctioning of reimbursement of medical bills of the employees.
19. (v)Sanctioning of tours, travel allowance bills, local conveyance bills, overtime allowance bills and leave travel concession claims.
20. (vi)Sanctioning of housing loans and conveyance advance subject to yearly budget provision and the bye-laws or relevant decision(s) of the Board.
21. (vii)Hiring or otherwise acquiring vehicles, furniture, office equipment etc. and sanctioning the payment in respect thereof.
22. (viii)Taking insurance for building, furniture, equipment and installations of the Board.
23. (ix)Approval and disbursement of expenditure on running, maintenance and repairs of staff cars or other vehicles of the Board.
24. (x)Sanctioning expenditure on maintenance and up keep of office equipment, building etc.
25. (xi)Sanction of liveries to class - IV employees.
26. (xii)Payment of transport charges, freight etc.
27. (xiii)Disposal of unserviceable articles, equipment, old newspapers/ books/ magazines and other obsolete items.
28. (xiv)Deposit of funds in short-term fixed deposits with nationalized and scheduled Banks.
29. (xv)Expenditure on the hiring of accommodation for office, storage and other purposes, as per Lease Deed or any other form of contract agreement, subject to budget provisions.
30. (xvi)Expenditure upto Rs.100,000/- per function or event including, seminars, conferences and ceremonial functions etc. sponsored by or organised on behalf of the Board.
31. (xvii)Expenditure on entertainment, subject to budget provision. (xviii) Expenditure on publicity, subject to budget provision.
32. (xix)Sanctioning of leave encashment for officers and other employees of the Board, as per the bye-laws.
33. (xx)Sanctioning the expenditure on utilities including but not limited to telephone, fax, mobile phone, telex, courier, postal services, electricity, water etc., as per the bye-laws or decision(s) of the Board in this regard, which may be taken from time to time on its own or on the basis of any instructions/ circulars of the State Government.

1. (xxi)Expenditure not exceeding Rs.4,50,000/- (per item) on the purchase of vehicle(s) and office items including but not limited to furniture, furnishing items, computers, printers, photocopiers, PABX, fax machine, LCD Projector, fans, lights, air conditioners, stationary, office consumables, pantry items, etc..
2. (xxii)Expenditure upto Rs.30,000/- in the nature of contingency expenditure, recurring and non-recurring expenditure for items not covered above. IV Legal Matters
   1. (i)Power to engage advocates, solicitors, attornies, company secretaries etc., nominate arbitrators/ conciliators/ mediators, file suits and defend cases, provided, however, that important cases are reported to the Executive Committee.
   2. (ii)Sanctioning and payment of legal expenses including but not limited to statutory fee, court fee, out of pocket expenses, professional fee etc. for various legal matters. Such individual legal matters in which the payment exceeds Rs.4,00,000.00 are to be reported to the Executive Committee. V Purchases and Purchase Procedure MD shall be competent to the effect purchase of office equipment, furniture, fittings (including furnishing of office), stationery and printing of forms/ pamphlets/ booklets, fire fighting equipment, newspapers, books, periodicals and publications by adopting the following procedure:-
   3. (i)No quotation be obtained for purchase of one or more items made at a time upto the amount of Rs.1000/-.
   4. (ii)Quotations from at least three parties/ vendors will be obtained for the purchase of one or more items costing between Rs.1001 to Rs.5000/-. (iii) Quotations from at least six parties/ vendors will be obtained where the purchase involves one or more items costing between Rs.5001 to Rs.25,000/-.
   5. (iv)For the purchase of one or more items costing between Rs.25,001/- and upto Rs.1,00,000/-, tenders from local dealers would be necessary, but the same need not be published through press.
   6. (v)For effecting purchases above Rs.1,00,000/-, tender shall be invited through press. Provided that it shall not be necessary to invite quotations/ tenders in the following cases:-
   7. (i)On the spot purchase made by constitution of purchase committee or officer(s) appointed by the Managing Director for the purpose.
   8. (ii)Purchase made from authorized dealers or specific brands at the rates fixed by their principals for the whole country/ region/ state/ city. VI Delegation Sub delegation of powers to various officers of the Board, as well as the withdrawal of powers that have been sub delegated in such a manner. However, any sub-delegation of financial powers to an individual officer for a period longer than 15 days in a single instance shall be reported to the Executive Committee for information. PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD LEAVE RULES (To be read with Article 7(3) of the Punjab Infrastructure Development Board Bye-Laws, 2002) 1. Title These Bye-laws may be referred to as the “Punjab Infrastructure Development Board Leave Rules.” 2. Date of enforcement November 21, 2000 3. Scope of application These rules shall be applicable to all employees of the PIDB, except those on deputation. 4. Types of Leave All employees of PIDB, except those on deputation, will be entitled to the following kinds of leave :
   9. (i)Casual Leave
   10. (ii)Sick Leave
   11. (iii)Earned Leave
   12. (iv)Study Leave
   13. (v)Maternity Leave
   14. (vi)Public Holidays 5. Casual Leave 15 days of casual leave in one calendar year (of service) shall be admissible to all employees.  As per interpretation confirmed by competent authority under Rule 13, in the case of contractual employee Sh. Subash Khanna. Casual leave will be non-cumulative and no other leave of any kind, except leave without pay, can be combined with it. Holidays occurring during or at the beginning or at the end of the period of casual leave shall be excluded. Casual leave shall not be asked or allowed for more than ten days at a time. All women employees of the PIDB shall be entitled to 20 days casual leave every year, irrespective of the number of years in service put in by them. 6. Sick Leave All employees of the PIDB shall be entitled for each year of service to 10 days sick leave on full pay. An employee availing more than three days of sick leave at a time, must produce a medical certificate from PIDB’s Medical Officer or from a Doctor in a Government Hospital. Holidays intervening the sick leave period shall be considered as part of the sick leave. Sick leave will be cumulative upto 60 days on full pay. 7. Earned Leave All employees shall be entitled to 30 days of earned leave on full pay for every year of service (it will be calculated @ 1/12 of the period spent on duty). Leave without pay shall not be counted as period of service. Earned leave shall be cumulative upto 450 days. 8. Study Leave Study leave may be granted to an employee for the purpose of undertaking studies of scientific, technical or similar problems or to undergo special course of instructions or training/ conference in or outside India on such terms and conditions as may fixed by the Managing Director. 9. Maternity Leave The Managing Director may grant to female employees (with exception of those appointed on adhoc basis), maternity leave for a period of 180 days without the necessity of production of Medical Certificate. Extension, if any, beyond 180 days, shall however be permissible by the grant of the leave of kind due. Such leave shall not be debited to the leave account of the employee and shall not be granted to those who have three or more children living. Normally, leave applied for, if due will be granted. However, the same can be refused in the interest of the work of the PIDB. When an employee resigns or his services are terminated except by dismissal from service for misconduct or he attains the age of superannuation/ completion of tenure, the employee shall be paid for the leave due to his credit. (Maximum 300 days of unutilized earned leave on the basis of lumpsum emoluments, or basic pay and DA and no CCA and HRA, shall be payable). 10. Public Holidays & working Hours The PIDB will observe public holidays and working hours as observed by the offices of the Punjab Government. 11. Authority Leave of all kinds will be sanctioned either by the Managing Director or by any officer of the PIDB so authorized by him to the extent of such authority 12. Amendment of Rules The PIDB reserves the right to modify/ cancel or amend all or any of these rules and issue supplementary rules or amendments thereto without previous notice. PIDB also reserves the right to give effect to the modifications/ cancellations or amendments of the rules and/or supplementary rules from the date of issue or from any other period. 13. Interpretation of Leave Rules The Managing Director reserves the power to interpret these rules and/or the supplementary rules. The decision of the Managing Director shall be final. ********* PUNJAB INFRASTRUCTURE DEVELOPMENT BOARD UNSOLICITED PROPOSAL BYE-LAWS, 2008 In exercise of the powers conferred by Sub-section (1) and Clause (v) of Sub-section (2) of Section 24 read with Section 37 of the Punjab Infrastructure (Development & Regulation) Act, 2002 (Punjab Act No. 8 of 2002), and all other powers enabling it in this behalf, the Board is pleased to make the following Bye-laws namely :- BYE-LAWS 1. Short Title and Commencement. - (1) These bye-laws may be called the “Punjab Infrastructure Development Unsolicited Proposal Bye-laws, 2008”.

1. (2)These bye-laws shall come into force with effect from March 24, 2008.
2. (3)These bye-laws shall extend to the State of Punjab. 2. Definitions. – In these bye-laws, unless the context other-wise requires :- Section 37 read with Section 24(1)&(2) (v) Section 37 (1),(2),(3)
   1. (a)“Act” means the Punjab Infrastructure (Development & Regulation) Act, 2002;
   2. (b)“person” includes – i. an individual, ii. a Hindu undivided family, iii. a company, iv. a firm, v. an association of persons or a body of individuals, whether incorporated or not, vi. a Local Authority, and vii. every artificial juridical person, not falling within any of the preceding sub-clauses.
   3. (c)“proposal” means a detailed proposal for the development, maintenance or operation of an infrastructure project received by the Board from any person in terms of sub-sections (1) to (4) of section 37 of the Act.
   4. (d)“proposer” means a person who submits a representation or an Unsolicited Proposal to the Board. &(4) read with Section 24(1)&(2)( v)
   5. (e)“representation” means a brief representation with respect to the intended development, operation or maintenance of any infrastructure project received by the Board without any solicitation by the Board or by any Public Infrastructure Agency.
   6. (f)"unsolicited proposal" means a detailed proposal for the development, maintenance or operation of an infrastructure project received by the Board from any person without any invitation in terms of sub-sections (1) and (2) of section 37 of the Act. The words and expressions used in these bye-laws but not defined, shall have the same meaning as assigned to them in the Act. 3. Requirements of a valid representation – A representation may be classified as a valid Section 37 (1) read with Section 24(1)&(2)( v) representation only if it complies with the following requirements :
3. (1)The representation should have been received by the Board without any solicitation either by the Board or by any Public Infrastructure Agency.
4. (2)In the opinion of the Board, the project to which the representation pertains, involves a new concept or technology, whether unique or not, including but not limited to engineering practice, financing model, legal framework or the project implementation structure.
5. (3)In the opinion of the Board, the representation has been prepared without the supervision, direction or direct involvement of the Board or any Public Infrastructure Agency, except for the role played by the Board or any Public Infrastructure Agency in sharing any information, data or documents which are not classified as confidential and are otherwise in the public domain.
6. (4)The representation contains adequate information about the technical, financial, legal, managerial and other capabilities of the proposer, which would enable the Board to ascertain the ability of the proposer to implement the infrastructure project.
7. (5)The representation contains a commitment with regard to the timeframe within which the person making the representation shall submit the unsolicited proposal to the Board, provided however the timeframe committed for the submission of the unsolicited proposal shall not be beyond the period of eighteen months from the date of acceptance of the representation. 4. Acceptance of valid representation on provisional basis – A valid representation in respect of a particular infrastructure project may be accepted by the Board on a provisional basis, provided -
8. (1)Any other valid representation with respect to the same or substantially similar infrastructure project intended to be situated at the same geographical location has not been earlier received by the Board.
9. (2)The person making the representation has deposited the “representation processing fee” and “representation holding security” as per Articles 8 and 9 respectively.
10. (3)Irrespective of the timeframe commited in clause (5) of Article 3, the person making the representation is agreeable to submit the unsolicited proposal to the Board within such timeframe, as shall be stipulated by the Board for the submission of the unsolicited proposal; provided however, in no case shall the timeframe beyond the period of eighteen months from the date of acceptance of the representation be stipulated or allowed by the Board. 5. Requirements of a valid unsolicited proposal – A proposal may be classified as a valid unsolicited proposal only if it complies with the following requirements -
11. (1)The proposal should have been received by the Board without any solicitation either by the Board or by any Public Infrastructure Agency or the same should have been received by the Board in pursuance of any valid representation accepted by the Board on a provisional basis under sub-section (1) of section 37.
12. (2)In the opinion of the Board, the project to which the proposal pertains, involves a new concept or technology, whether unique or not, including but not limited to engineering practice, financing model, legal framework or the project implementation structure.
13. (3)In the opinion of the Board, the proposal has been prepared without the supervision, direction or direct involvement of the Board or any Public Infrastructure Agency, except for the role played by the Board or any Public Section 37 (1) read with Section 24(1)&(2) (v) Section 37 (1) & (3) read with Section 24(1)&(2) (v) Infrastructure Agency in sharing any information, data or documents which are not classified as confidential and are otherwise in the public domain.
14. (4)The proposal is detailed upto such an extent that it includes all the essential technical, financial and legal parameters which would enable the Board to prepare the bidding documents for following the procedure of public bidding in pursuance of sub-section (3) of section 37 of the Act.
15. (5)The proposal clearly specifies the lowest or the highest bid of the proposer, which could subsequently be made by the Board as the single bid variable for the purpose of evaluation under Clause (ii) of sub-section (1) of section 35.
16. (6)In the opinon of the Board, the proposer of the proposal posseses adequate technical, financial, legal, managerial and other capabilities, as would be essentially required for the successful implementation of the infrastructure project. 6. Acceptance of valid unsolicited proposal – A valid unsolicited proposal in respect of a particular infrastructure project may be accepted by the Board, provided -
17. (1)Any other valid unsolicited proposal with respect to the same or substantially similar infrastructure project intended to be situated at the same geographical location has not been earlier received by the Board.
18. (2)The proposer of the unsolicited proposal has deposited the “proposal processing fee” and “proposal security” as per Articles 10 and 11 respectively. 7. Purchase of proposal – On acceptance of the unsolicited proposal by the Board, the Board may purchase the unsolicited proposal from the proposer on payment of a sum mutually agreed between the proposer and the Board, provided however, prior to entering into the mutual agreement in this regard, the Board may, if required, seek justification including supporting documents towards break-up of the cost incurred by the proposer for preparing the proposal or the value of the proposal, as may be otherwise claimed by the proposer. 8. Representation processing fee – Each representation should be accompanied by a non-refundable representation processing fee by way of a demand draft for the amount of rupees five lakhs payable at Chandigarh in favour of the Board. Section 37 (1) &(3) read with Section 24(1)&(2)( v) Section 37 (2) read with Section 24(1)&(2)( v) Section 37 (1) read with Section 24(1)&(2) (v) 9. Representation holding security – (1) Each representation should be accompanied by a representation holding security for an amount equivalent to 0.25% of the tentative total cost of the infrastructure project to which the representation pertains or an amount of rupees twenty five lakhs, whichever is higher.
19. (2)The representation holding security should be submitted by way of a demand draft for the requisite amount payable at Chandigarh in favour of the Board or by way of an unconditional and irrevocable bank guarantee for the requisite amount issued in the name of the Board by any Scheduled Bank.
20. (3)The representation holding security shall be initially valid for a minimum period of twelve months, provided however the proposer shall be subsequently obliged to extend the validity period of the representation holding security upto one month beyond the period stipulated or allowed by the Board under Clause (3) of Article 4, if the period stipulated or allowed by the Board is longer than eleven months from the date of acceptance of the representation by the Board.
21. (4)The representation holding security shall be returned by the Board to the person making the representation if the person submits a valid unsolicited proposal within the timeframe stipulated by the Board under clause (3) of Article 4.
22. (5)The representation holding security of the person making the representation shall be forfeited by the Board if the person fails to submit a valid unsolicited proposal within the timeframe stipulated by the Board under clause (3) of Article 4. 10. Proposal processing fee – (1) Each proposal should be accompanied by a nonrefundable proposal processing fee for an amount equivalent to 0.10% of the tentative total cost of the infrastructure project to which the proposal pertains, subject to a maximum of rupees one crore. Section 37 (1) read with Section 24(1)&(2)( v) Section 37 (2) read with Section 24(1)&(2)( v)
23. (2)The proposal processing fee should be submitted by way of a demand draft for the requisite amount payable at Chandigarh in favour of the Board. Section 37 (2) read with Section 24(1)&(2) (v) 11. Proposal security - (1) Each proposal should be accompanied by a proposal security equivalent to 1 % of the tentative total cost of the infrastructure project to which the proposal pertains, subject to a maximum of rupees one hundred crore.
24. (2)The proposal security should be submitted by way of a demand draft for the requisite amount payable at Chandigarh in favour of the Board or by way of an unconditional and irrevocable bank guarantee for the requisite amount issued in the name of the Board by any Scheduled Bank.
25. (3)The proposal security shall initially remain valid for a period of one year from the date of submission of the unsolicited proposal and during such period the Board shall make efforts to issue the notice of award to the selected bidder pursuant to accomplishing the reverse public bidding process in respect of the infrastructure project to which the unsolicited proposal pertains; provided however, the proposer shall be obliged to extend the validity of the proposal security for a further period of six months, if the Board is not able to issue the notice of award to the selected bidder within the initial period of one year.
26. (4)The proposal security shall be returned by the Board to the person submitting the unsolicited proposal after the Board has issued the notice of award to the selected bidder and upon receipt of the performance security from such selected bidder as per the requirement of the concession agreement.
27. (5)The proposal security of the person submitting the unsolicited proposal shall be forfeited by the Board if the person either backtracks from its unsolicited proposal at any stage prior to, during or after the public bidding process or refuses to sign the concession agreement or fails to submit the performance security as per the requirement of the concession agreement. 12. Finality of Decision – (1) The decision of the Board with regard to the validity of a representation under Article 3 and the validity of an unsolicited proposal under Article 5 shall be final and binding on all persons, proposers and third parties.
28. (2)The decision of the Board whether or not to accept a valid representation under Article 4 and whether or not to accept a valid unsolicited proposal under Article 6 shall be final and binding on all persons, proposers and third parties. 13. Right of the Board to determine the contents of the bidding documents – (1) The Board shall at all times retain with itself the right to determine the contents of the bidding documents including but not limited to the qualification criteria for the persons other than the proposer who intend to participate in the reverse public bidding process. Section 37(1)& (3) read with Section 24(1)&(2)( v) Section 37 (3) read with Section 24(1)&(2) (v)
29. (2)The Board shall specify the amount of the proposal security required to be submitted by the persons other than the proposer of the unsolicited proposal who intend to participate in the bidding process, provided however the amount of the proposal security required to be submitted by such persons shall under no circumstances be more than half the total amount of the proposal security submitted by the proposer of the unsolicited proposal.
30. (3)The Board shall specify the amount of the performance security which shall be required to be submitted by the selected bidder, whether such selected bidder is the proposer of the unsolicited proposal or any other person. 14. Rights of the proposer of the unsolicited proposal during the reverse public bidding process – (1) The unsolicited proposal of the proposer shall be deemed to be the lowest and the most favorable bid in terms of clause (ii) of sub-section (1) of section 35 of the Act in case proposal is not received from any other person. Section 37(4) read with Section 24(1)&(2)( v)
31. (2)In the event one or more proposal other than the unsolicited proposal is received by the Board during the reverse public bidding process, the proposer of the unsolicited proposal shall be given an opportunity to make his proposal competitive with the proposal of the person whose proposal is found to be the lowest and the most favorable bid in terms of clause (ii) of sub-section (1) of section 35 of the Act.
32. (3)In the event the proposer of the unsolicited proposal declines to make his proposal competitive upon availing the opportunity under clause (2) above, the Board shall take a decision whether or not to award the contract to the person whose proposal is found to be the lowest and the most favorable bid under clause (2) above read with clause (ii) of sub-section (1) of section 35 of the Act.