Miscellaneous

• Amount to be charged by Board - 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.
• Members, officers and servants to be public servants - All members and officers and servants of the Board shall, while acting or purporting to act in pursuance of the provisions of this Ordinance or any rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
• Protection of action taken in good faith - 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 Ordinance or any rules and regulations made thereunder.
• Arbitration - A concession agreement shall contain an arbitration clause providing that -
  (a) all parties to the agreement shall submit to arbitration all disputes which may arise between them out of the provisions of this agreement,
  (b) the place of arbitration shall be at Ahmedabad or any other place in India agreed to by the parties, and 
  (c) the disputes referred to in clause (a) shall be decided in accordance with the law for the time being in force in India.
• Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 not to apply - 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, the Government agency or the specified Government agency with a developer.
• Power to make Rules -
  (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance.
  (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 :- 
  • the scheme for concession agreement under clause (b) of sub-section (1) of section 4 ;
  • the amount of cost of a project exceeding which a proposal shall be submitted to the Board under sub-section (1) of section 5; and different amounts of costs for different nature of projects;
  • the matters relating to competitive public bidding and direct negotiation under sub-section (2) of section 8;
  • the assessment of the cost of preparation of the proposal and the concession agreement under clause (b) of sub-section (5) of section 10;
  • the manner in which and the factors having regard to which, fees may be revised under sub-section (2) of section 11;
  • the manner in which an opportunity of being heard shall be given to the developer under sub-section (2) of section 14;
  • 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 rescission 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 rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

• Power to make regulations -
  (1) The Board may make regulations not inconsistent with provisions of this Ordinance and the rules made thereunder, for enabling it to discharge its functions under this Ordinance.
  (2) In particular and without prejudice to the foregoing power, such regulations may provide for all or any of the following matters, namely :-
  • he time and the place of the meetings of the Board and rules of procedure to be observed by the Board in regard to transaction of business at its meeting under section 21 ;
  • constitution of committee, number of members thereof and the functions to be performed by committees under section 24;
  • to determine the remuneration, allowances and conditions of service of officers and servants of the Board under sub-section (2) of section 25;
  • the form and manner in which the accounts of the Board shall be prepared and maintained under sub-section (1) of section 29;
  • the form in which an annual statement of accounts of the Board shall be prepared under sub-section (2) of section 29;
  • the form in which and the time within which the annual report of the Board shall be prepared under sub-section (1) of section 30;
  • any other matter which is, or may be, necessary to be prescribed for the efficient conduct of the affairs of the Board.

• Savings - (1) Nothing in this Ordinance shall affect the validity of -
  (a) a concession agreement entered into by the State Government, the Government agency or the specified Government agency with a developer before the date of the commencement of this Ordinance (hereinafter referred to as 'the said date').
  (b)
  • 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 Government, the Government agency or the specified Government agency with such person within a period of one year from the said date or such further period as may be extended by the State Government.
  • a concession agreement entered into under sub-clause (I) notwithstanding that the procedure specified in sections 8 and 9, or, as the case may be, section 10 is not followed before entering into such concession agreement.

• Repeal and Saving - (i) The Gujarat Infrastructure Development Ordinance,1999 is hereby repealed. (ii) 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.