Punjab Common Infrastructure (Regulation and Maintenance) Act, 2012
No: 12 Dated: Aug, 06 2012
Punjab Common Infrastructure (Regulation and Maintenance) Act, 2012
(Punjab Act No. 12 of 2012)
An Act to provide regulation and maintenance of common infrastructure in the Industrial Area and for the matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Punjab in the Sixty-third Year of the Republic of India as follows :-
CHAPTER-I
Preliminary
1. Short title, commencement and application. - (1) This Act may be called the Punjab Common Infrastructure (Regulation and Maintenance) Act, 2012.
(2) It shall come into force on such date and shall apply to such Industrial Area including the Industrial Area already transferred to the Department of Local Government as the State Government may, by notification in the Official Gazette, specify.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Allottee" means the person to whom any plot, shed or any other unit is allotted by way of sale, lease or otherwise by the Developer in an Industrial Area, which expression in the case of lessee and further resale shall include the lessee or the purchaser, as the case may be, and shall also include occupier of such shed or plot;
(b) "common infrastructure" includes roads, parks, street lights, water supply and sewerage system, garbage treatment facilities, common research and development centres, stream, drainage, water sewerage treatment plant, common effluent treatment plant or any other such common facility, not being in exclusive possession of an Allottee, falling in an Industrial Area requiring maintenance;
(c) "Competent Authority" means any person or authority appointed by the State Government by notification in the Official Gazette to exercise the powers and to perform all or any of the functions of the Competent Authority under this Act;
(d) "Executive Committee" means the Executive Committee formed under section 4 ;
(e) "Developer" means a person or an organization, whether governmental or private or joint venture including Punjab Small Industries and Export Corporation and Punjab Information and Communication Technology Corporation, which constructs or creates Industrial Areas or constructs industrial plots, buildings etc. and provides common infrastructure like roads, sewerage, street lights etc. ;
(f) "Industrial Area" includes Industrial Parks, Apparel Parks, Export Promotion Parks, Textile Parks, Export Promotion Industrial Parks, Industrial Focal Points, Industrial Development Colonies, Industrial Growth Centers, or any other area for the purpose of industrial activities notified as such by the State Government ;
(g) "Municipality" means a Municipality as defined in clause (e) of Article 243 P of the Constitution of India;
(h) "section" means a section of this Act;
(i) "service charges" includes all sums lawfully assessed by the Special Purpose Vehicle against the Allottees for meeting the expenses of the management, maintenance, repair or 0) replacement of the common infrastructure or for any purpose so specified by the Competent Authority and includes any other charge, which may be specified by the Competent Authority ;
(j) "Special Purpose Vehicle" means a body created under section 3 ; and
(k) "State Government" means the Government of the State of Punjab.
CHAPTER-II
Special Purpose Vehicle, Its Powers and Functions
3. Special Purpose Vehicle. - (1) Notwithstanding anything contained in the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) and the Punjab Municipal Corporation Act, 1976 (Punjab Act No 42 of 1976), the State Government may, by notification, create Special Purpose Vehicle comprising of all Allottees of the Industrial Area for the common infrastructure in relation to an Industrial Area.
(2) The objectives of the Special Purpose Vehicle shall be as follows, -
(a) It shall provide efficient service to the Allottees at reasonable service charges; and
(b) It shall work for the cause of good maintenance of common infrastructure.
(3) The Special Purpose Vehicle shall operate within its jurisdiction on "no profit, no loss" basis.
4. Executive Committee. - (1) The Special Purpose Vehicle shall form an Executive Committee in accordance with its Bye-laws to exercise the powers and to perform the functions of the Executive Committee under this Act.
(2) Besides members from the Allottees, the Executive Committee shall have representatives of the Developer, State Government and the Municipalities within whose limits the Industrial Area falls.