Public Private Partnership Authority (Amendment) Bill, 2022 Sails Through Senate

The Senate on Thursday passed the Public Private Partnership Authority (Amendment) Bill, 2022 that seeks to restart the stalled public private partnership being delayed due to the legal issues arisen after notification of the Amendment Act of 2021

ISLAMABAD, (UrduPoint / Pakistan Point News - 4th Aug, 2022 ) :The Senate on Thursday passed the Public Private Partnership Authority (Amendment) Bill, 2022 that seeks to restart the stalled public private partnership being delayed due to the legal issues arisen after notification of the Amendment Act of 2021.

The Bill was moved by Minister for Planning, Development and Special Initiatives Ahsan Iqbal Chaudhry asking the chair to immediately pass the bill as the construction work on Hyderabad Sukkur Motorway was stalled due to legal complications.

Senator Raza Rabbani opposed the passage in haste, but the house passed the bill with majority vote.

According to the Statement of Object and Reasons, the board of Public Private Partnership Authority (the P3A), in exercise of its powers conferred upon the Board under the Ac VIII of 2017, approved the road infrastructure project titled "Sialkot (Sambrial)- Kharian Motorway Project by authorizing the procuring agency, the National Highway Authority to procure the project through competitive bidding under Public Procurement Rules, 2004.

Meanwhile, the Public Private Partnership Authority (Amendment) Act 2021 was passed by the Parliament. Subsequently, a legal question arose regarding validity of the approval process since the approval fora had changed under the said Amendment Act of 2021.

Hence, upon the advice received from the Ministry of Law and Justice, a saving provision may be added, as sub clause (1A) in section 14 of the Act VIII of 2017 as amended by the Amendment Act of 2021, which says "(1A) for the avoidance of doubt, where prior to the commencement of the Public Private Partnership Authority (Amendment) Act, 2022, any approvals that had been granted with respect to any project qualification proposals and project proposals, such approvals shall continue to be in force unless amended, withdrawn or rescinded by an authority competent to do so under this Act.

Award of strategic projects of national importance including "Sialkot (Sambrial)-Kharian Motorway Project" in public private partnership mode is being delayed due to the legal issues arisen after notification of the Amendment Act of 2021.

The insertion of 'saving clause' mentioned in the bill along with some other amendments in the Act VIII of 2017 as amended by the Amendment Act of 2021.

The House referred "the Publication of Laws of Pakistan (Amendment Bill), 2022" to the standing committee concerned for further deliberations and discussions.