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The Board may charge such amount as may be determined by it for considering the proposal and the proposed concession agreement under sub-section (2) of section 5.

Amount to be charged by Board.

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All members and officers and servants of the Board shall, while acting or purporting to act in pursuance of the provisions of this Act of any rules or regulations made thereunder be deemed to be public servants within the meaning of section 21 of the Indian Penal code.

Members, Officers and servants to be public servants.

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No suit, prosecution or other legal proceeding shall lie against the Board or any member and officer or servant of the Board for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules and regulation made thereunder.

Protection of action taken in good faith.

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A concession agreement shall contain an arbitration clause providing that -

Arbitration

(a)

All parties to the agreement shall submit to arbitration any dispute which may arise between them out of the provisions of the agreement,

(b)

The place of arbitration shall be at Ahmedabad or any other place in India agreed to by the Parties, and

(c)

The dispute referred to in clause (a) shall be decided in accordance with the law for the time being in force in India.

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Nothing contained in the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 shall apply to any arbitration arising out of the provisions of the concession agreement entered into by the State Government, a Government agency or a specified Government agency with a developer.

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 not to apply.

Guj. 4 of 1992

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(1)

The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Power to make rules

(2)

In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely

(a)

The scheme for concession agreement under clause (b) of sub-section (1) of section 4;

(b)

The amount of cost of a project exceeding which a proposal shall be submitted to the Board under such-section (1) of section 5 and different amounts of costs for different nature of projects;

(c)

The matters relating to competitive public bidding and direct negotiation under sub-section (2) of section 8;

(d)

The manner in which the cost of preparation of the proposal and the concession agreement shall be determined under clause (b) of sub-section (5) of section 10.

(e)

The other factors having regard to which charges may be revised and the manner in which they may be revised under sub-section (2) of section 11;

(f)

The manner in which an opportunity of being heard shall be given to the developer under sub-section (2) of section 15;

(g)

Any other matter which is to be or may be prescribed.

(3)

All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to recession by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(4)

Any recession or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

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(1)

The Board may make regulations not inconsistent with provisions of this Act and the rule made thereunder, for enabling it to discharge its function under this Act.

(2

In particular and without prejudice to the foregoing power, such regulations may provide for all or any of the following matters, namely:

(a)

The time and place at which the Board shall meet and rules of procedure the Board shall observe in regard to transaction of its business at its meeting under section 22;

(b)

The other committees which the Board may constitute, the number of members which the executive committee and other committee may consist of and the functions of the Board which they may perform under section 25;

(c)

The remuneration, allowances and conditions of services of officers and servants of the Board under sub-section (2) of section 26;

(d)

The form and manner in which the accounts of the Board shall be prepared and maintained under sub-section (1) of section 30;

(e)

The form in which an annual statement of accounts of the Board shall be prepared under sub-section (2) of section 30;

(f)

The form in which and the time at which an annual report of the Board shall be prepared under sub-section (1) of section 31;

(g)

Any other matter which is, or may be necessary to be prescribed for the efficient conduct of the affairs of the board;

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(1)

Nothing in this Act shall affect the validity of -

Savings

(a)

A concession agreement entered into by the State Government, a Government agency or a specified Government agency with any person before the date of the commencement of this Act (hereinafter referred to as "the said date",

(b)(i)

A letter of intent or any other writing issued to a person before the said date entrusting to him a project for execution if a concession agreement is entered into with respect to the project in pursuance of the said letter of intent or the writing by the State Government, a Government agency or specified Government agency with such person within a period of one year from the said date of such further period as may be extended by the State Government,

(ii)

A concession agreement entered into under sub-clause (i) notwithstanding that the procedure specified in section 8 and 10 or, as the case may be, section 9 and 10 is not followed before entering into such concession agreement.

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(1)

The Gujarat Infrastructure Development Ordinance 1999 is hereby repealed.

Repeal and savings

(2)

Notwithstanding such repeal, anything done or any action taken under the said ordinance shall, be deemed to have been done or taken under this Act.