Public Private Partnership Authority Act, 2017

2. Definiti lns.-ln ihis Act. unless there is anything rcpugnant in the subject or conlext, (a) "agreement" means a writlen agrecmcnt between an implementing agency rmd a piivatc party for implementation ofa project and any olh€r ag|eemenl subsidiary orincidentaito it: (b)'Author rl-' meansthe PublicPritate PanrershipALrthority cstablishcd under sertion 3; (c) -Board" means the Board conslituted br- the federal Govcmment in accordartce rlith section 6: (d) "bid doc rments" means rcquest for proposal or pre-qualification, issued hy impkmenting agency under the provisions ofthisAct; (e) "Conrp.ny" means Infrastructure Project Development facility (lPD|). a corporate entity registered and operaling undcr the provisio 1s of the Companies Ordinance, 1 984; (0 "dispute" means any monetary claim or cofltractual dispute berween a privat. party aod an implementing agency under an agneement; (g) 'nnplen enting agency" means an) ofthe line ministrics. attached depart,nents. body corporare, autonomous body of the Federal (jorernr rent or any orga|ization or corporatioD ownerl or oonlrolled by the F rderal (;overnmcnt: (h) leDder" means a llDancial irstitution thal provides loan ro a privare paq- for irnplementalion L,la project: PaRrIl TIIE GAZl:l-lll Of PAKISIAN, EXTRA., NIARCH ll.2017 75 (i) "pe6on" includcs an individ ual, company, a statutory body corporate. a an association of persons whether incorporated or no! a trusl and a ParhershiP; 0) prescrihed" means preqcrihed by rules: (k) "privare p6rty" means a pe6on who is eligible to bid for a public private paftrership pmject wilh an im plementing agencyl (l) "project" means an inllastructure project, provision ofinfrastructure related services or both, under apublic private partnerships; (m)'!roi-tpropooal"Eearr,drepoposalrc.eivedbyimplementingagenry from a private party for a project; (n) "project support" m€ans any or a mix of subsidy or guarantee or financial assistance, during any slage ofa project cycle; (o) "public private partnersh ip" means a commercial transaction beti\een an implementing agency and a privale parly ;n terms of which the private party - (i) p€rforms an implementinS agency's functions on behalfofit: (ii) assumes the use ofpublic property for a project: (iiD assumes substantial financial, technical and operational risks in connection with pe ormance of the implementing agcncy's fnnctions or use oflhe public property; or (iv) receives a benefit for performing lhc implementing agency's funclions or llom utilizing the public profrerry, eith€r by way ol,- (A) consideration to be paid bJ the implcme ing sgency from its budget or rEvenue; or (B) charges or fees to be collected by the pdvate party from us€rs or customers ofa service provided to lh€m; or (C) a combination ofsuch consideration aid such charges or fees, (p) "requcst for proposals'' means a publicly advertised tendcr inviting proposals fora projecl prepared in accordance with the provisions of rhisAct: 76 TIIL c Ztil-IE Or PAKISTAN. llXTRA.. VARCH 31,l0l7 [PaRr I (q) _uscrs'rneans Lrsers ofa proiect, whether upon paymcnt ofcharg€s. lee or olhcrwisei and (r) "viability gap fund" rircans fund to be established by the Board to prov ide ,roject support to an implementin'g agency for those projects, for which a feasibility study has found to be economically or s{rcially jusdficd but are not financialiy viable because of lack ofaffordability. CHAP I'I.]R II I ublic Private Partncrship Au(horit! I Estrblirftment of the Authorit,v. -{I) As soon as it deems appropriate after the :ommenccmcnt of lhis Act. the Federal (;ovcrnment shall establish Public Priv.te Partnership Authority 161 **,1na out lhc purposes and objcctivcs of(his Act. (2) The Autlxrrity shall bc an )dcpcrrdent body corporate having perpetual succession and comnron scal. slibj.jcl lo lhc prcvisions oflhis,\ct. to acquire and hold propert\: bolh mi \eable and immov.tblc- Ind shall bv its nar)re suc and be sued. (l) lhc healqua(ers ofthe Aulhority shall be at Islamabad and it may cslablish its olfrccs ,t \uch other placc or places as it may consider appropriate. (4) Nolrvith nanding an)1h irrg corta in€d in lhe Compan ies Ordinance. 1984 (XLVll of 1984) and any other lalv tor th( li'ne being in tirrcc, o,r the date of commencement ofthis Act, the Company shall ceasc lo exisl and- (a) all a\\clr. righls. powers. aulhorities and privileges and all property, nrovahl,: and inrmovablc. cash and bank balance, reserve funds. invcsrnr:nts and all orhcr intcrcst and rights in. orarising out of. such propedJ and all debts, l;ahilitics and obligations ofwhate!er kind of the Conrpany subsistirg immcdiatcly before the comnrcDcement of this Acr shall stand transf'erred ro and vest in the Aulhoril\': (b) all crnxracl crtered into or rights acquired and all matters and thirgs eogage,l lo be donc b1,. wilh or for the Cor)rpany hcfore the commcrccmcnl of this Acl shall be deemcd to havc bccn incurred. entered into. acqu ir€d or engaged to bc done by, wilh or li'r the Authority, as the crse may be; (c) all suits rmd odrcr legal proceedings instituted by o, against the Company before the commencement ofthis Act shallbe decDlcd to be suits and Pdrrli THE GAZETTE ol PAKISIAN. EXTRA., MARCII il. l0l7 7',1 proclcdings by or against the Aulhorily as lho case may be and may pr,'cre,l and be ,lealt s flh rcco, dinEl): and (d) al I employees of thc Conrpxny shallbedeemed to be em pl6yees oflhe Authoriryon n.'r lr.' laro rablelhanthcexi\linBtcrmsindcondiriorrs ofth€ senice. rights and privileges and o rer nlatlers as \rere applicable to thcrn beibrc lhe conversion. '1. Functions atrd powers of the Authorit].-( I ) Subject to lhe provisions of this Acl. the Aulhoril)- may lale srrch measures a.nd exercise such po\lcrs as rnay bc necessary for promoting and hclping realization oflhe conccpl and methotls ofpLrblic private parlnership. (2) Whhout p.ejudico to the generality of tho powers confened by sub-section ( l), the Aulhorily r)ra)- (a) ensurcthat projects are consistenl \rilh national and sectoral strategics; (b) cnsurc ralue for money by conducting an analysis to evaluate projects. A public pri!ate partnership (PPP) an-angemenl yields value forrnoncy il-;l rcsults in a net positivc Sain to socicl); (c) adhere ro the princ iple of budBet affordabilig in the conlcxl of medium lel.In budgetary framework; (d) male assessment offiscal risks; (c) advise and facilitate thc implementing agency to identily. develop, stucture and procure lhe projects; (0 prescribe and reccive lee and charges; (g) slandardizc lhe corrtractua I pro! isions and to develop thc scclor sp€cific proYisions ofthc n)odel public private partncrship agrccmcnts; (h) develop annuity. us!'r-based and hybrid financial rncidels for the projects; (i) ensurc that puhlic private parmership agrcemurl is consislentwith the prov;sions ofthisAcl: (j) interact. collaboraleand liaisewith intemational agencies; (k) playlhe roleolgalckeeperat all stages ofprojecl cycle such asplanning, tcndcring. bidding and contracq and 78 ItlE GAZETIE O[ PAKISTAN, IjXTRA., MARCH 31,2017 [Prml (l) notii, from time to time, a limit on lhe size ofPPP projects thal ar implemm ring agency may undertake in relation to its annual sp€nding.

5. Appointrnent of officers and stafl of the Aulhority.--( ) The I Autho.ity may appoint ! uch off;cers, exprts, advis€rs, consultaots and members of staff as it may consider necessary for the efficient perlormance of its fiinclions in lhe prescribed mannerrLnd on prescribed terms and conditions. (2) The oficors, members of stalL advisers, consultanls and experts and other persons apfninted ry the Authorio. shall not be civil s€n ants with in thc meaning ofthe Civil ServantsA( t, 1973 (LXXI of 1973). (3) fie officrrs, adviseE, consultarts, employees and staffoffteAuthoity when acting or purporling to act under any ofthe provisions ofthis Act or rules made therc under shal be deemed to be public servants within the meaning of section 2l ofthe Pakis an Penal Code (Act XLV of 1860).

6. Borrd ot the Authority.- (l) Therc shall be a Board of Directors of theAuthority comprising the following members, namely:- (a) Minister,)fPlanninS, Developmentand R€lorm, Chairperson (b) Secrela+. Financr Di\ ision nce- Chairperson (c) Sccretary, Planning and Delelopment and \'lember Reform ftivision (d) Secreal} Board of livestment Member (e) two merrbers from private sector to be Mcmbers nominat€d by the Federal Government (f) ChiefExecutiveO{liccr (g) S€cretary Concemed Division Co-opted Member (2) Thc ChkfExecutive Officer shall also act as Sccretarv ofthe Board. (l) Thcmenblrs from the private sectorshall be appoinrcd by the Federal (;overnrnent for a period of three years and shall be entitled to such tefins alld conditions as the Fede?lGovemm€nt may prcscribe. lHE GAZETTE OF PAKISIAN, EXTRA,, MARCH 3I.2OI7 '79 (4) The Boad shall meet at least once in a quarter The Secretary ofthe Board may take approval ofany decision through circulation among membeN ofthe Board, which shall be subs€quently plaed for ratification in the first Board's me€ting occuring immediately after such decision. (5) The meetings ofthe Boad shall be prcsided over by the ChairFBon and iD his absence by lhe Vica-Chairpeson. (6) The quorum for a mecting ofthe Boaad shall be at l€st three mcmberc and decisions ofthc Board shall be made with rnajority oftotal meinbership ofthe Board. In case of a tie. the Chairperson or Vice-Chairperson. as thc case may be. shall have a casling vote: Provided that the Ministq, of Finance shall have thc powcr to re_ject any proposalappro!ed by the Board in cascthe fiscal risksasso€iated withthq proposal arc considered unacceptablc. (7) 'Ihe Board may co-opt such members, as it deems appropriate, for rendering advice on case{o-case basis. (8) The Board may. for carrJ'ing out its functions, constitute such commillces, from tinre 1o lime. as ma) be considercd appropriale and delcgal€ its powers as it may prescribe.

7. Chi€fExecutive Ofiicci-{l ) The Federal Govemment shall appoint a Chi€f Executive Officer to serve as a m€mber ofthe Board and shall be responsible for administration oftbe affairs ofAufiority. (2) The Chief Executive Omc€r shall be answerable to the Board for all administrative, financial and lechnical matters ofthe Board. (3) The Chief Executive ottcer shall be appointcd for a term of thre€ years on such salary terms and conditions ofservic€ as thc F€deral Government may prescribe: Provided that he shall be eliSible for re-appointment for onc rnore lerm but shall cease to hold olfice on attaining the age ofsixty'five years or thc cxpiry ofthe term, whichevcr is earlie.

8. Futrctions rnd powcIs oftbo Bo.d.-{l ) The geneml directions and superinte[dence ofthe Aulhority and its affaiN shall vest in the B.oard which may exercise all powers, perform all functions and do tll acts which may be exercis€4 performed or done by lhe Authority. 80 1'IIE GAZETIE Oi] PAKISTAN IiXTRA MARCH 3! )0t7 RTI (2) Without prc.judice to ihe gcncralit) ofpo\\'ers givcn in sub-section(l). the Board shall perii)mr. i/rre,''al,a. uhich may include. the folhwing. namely:- (a) monitorin llhe i,rplcrnentation ofpublic private parmership agreements, both in telms ofthe 6nancialsitualion and drc construction ofphysical assets and se ice dcliveryr (b) appro\ in! re levant accountir g polic;c\ and fi nanc ial repodtr8 standard and temp atc. ti'r corlractinl! acenci(s: (c) renegotialing, ifneccssary, public private partnership agreemen6 or (d) .approve rules for the purposes of thisAcl: (e) appr(,vc l'ecrihitir) stud). birlJo(uments and proF,\alofa project: (f) approve )ublic private partnership agreement to be excculed bv the implemellting agencyi (g) rcview arrd strengthen the inslitutional and regulatory franrework for the cfla(tive implementa(ion and operation ol_ the public private partncrsl ips ofthe I ederal Covernnrent: (h) approve te yearly budSer ofthe Authoriry: and (i) establish viabililv gap lund and risk manag€ment unit, to perform such functir)n r as it may prescribe.

9. Disquel fic.lioN to become a member.-{l) The disqualifications ofcerlain persons to bsrome or hold oflice in any corporate e tity undcr $c provisions ofthe Companies Ordinance, 1984 (XLVII of 1984) shall, rpsoy'acro, apply to the memb€rs of(he Board in addition to the followingdisqualifications, namely:- (a) has bccrme physically or mcntally incapable ofacting as a Member; (b) gross mrsconduct; or (c) involve(lin corruplion or malpmctices; or (d) receivcs or is accused of receiving any illegal gratification liom a privalc Party;or I'^" ll rHIi GAZ (e) having any inlerest, either monelary orothenvise. directly or indirectly in any privatepartytende.ing forpublic privatc panne.ship or involvcd in thc proccss in an) $,r).' 10. [und.--{ I ) There is hereb) estahlished a fund. to bc called the Public Private Partncrship Authority Fund which shall vcst in the Authority and shall be utilized by (heAulhorit) to meet lhe charges in connection with its functions under thisAct. (2) Thc Fund ol thcAuthority shall comprise of the following. namely: (a) such sums as $e Federal Govemmenl nra]', from timelo lime, allocatc to it io thc annual budgct: (b) grants from the lederal(iovemnrent; (c) donalions and granls from lhc inlemalional donor agencies; (d) income from the rnlestmenls: (c) fccs: and (0 any sources approved by the federal Government. (3) TIc managcDrenL operatior aod mainleoanceol-1hc Fund and accounls of the Authority shall bc donc bl thc prcscribcd olfices of the Authority in the prcscribcd manner. (4) The accounts of tie Authority shall be nraintained in such lbnns as may beprescribed by the Board aDd consislcnt wilh the requircmenls ol tho applicahle ll. fiability GBp Fund.-{ l) There shallbe establishcd a Viability Gap F-und which shall be managed, controlled and adm;nislcred by thc Authority irl prcscribcd manncr, . (2) Viability Gap Fund shallbe established by an amount specified bythe Board within the Public Private Partnership Authority Fund. (3) Viabilily Gap !und snallbc utalized lo providc support to the projects deemed feasible. socially and cconomically hut not financially viable because oflacl c f amordability. Thc Board shall considcr a projejt eligible for granl of subsidy or financial support from the viabiliq Cap Fund. 82 THE GAZE rTE OF PAKISTAN, EXTRA., MARCH 31, 2017 IPARr I

12. Accounrs and audit.-{i) TheAuthorio shall prepare itsown budget in respect ofeach finarcial year and shall maintain complele ard accurale books of accounls oftheir actr:l expenses iD the prescribed manner. (2) The accc,unts oftheAuthority shallbe audited by a reputable firm of chartercd accountants, \,r'ith in the meaning ofthe Chartered Accountants Ordioanc€, 1961 (X of 1961), appointed bythe Board from a panel ofCha(ered Accounhnrs proposed by the Autho "ity on such terms and conditions as the Board may prescribe. (3) The Auditor General ofPakistan may conduct audit ofthe Authority. CHAPTER III Iunctions of thr: Implcmenting Agcncy and (;overnmcnt Support

13. Responsibililies ol atr implementitrg agency.--(l) The responsibilities ofthe hnplenrentingAgency in.elation 1(r th€ planning, d€velopment, procuremenl impleme ration, execution and monitoringofa Project shallbe such as may be'prescribed. (2) Without t)rejudicclo the genc.ality ofsuusection (l ), the implementing agenc),. irle/:d/id, shaLl, for thc purposcs ofthis Act.- (a) ideffiry, .onceptualize, appraise and developthe project; (b) undertake or cause to be uodertaken a feasibility study; (c) develop md issue or cause to be developed and issued a request for proposal including draft ofthe public private partnership agreement; (d) procure a project only through a competitive bidding process as prescrib. d: ard (e) nrorritori nd im!lcrncnl thc projcct in accodance with th€ public private parherslLip agreement. (l) The impl :menting agencv shall subrnit {re bid doLuments and $e project proporal for appro\'al ,\frhe Board. (4) Once the project proposal is approved by the Boad, the implementing agency shall procure tlle project in accordance with the provisions ofthisAct. THE GAZETTE OF PAKISTAN. EXTRA., MARCH ]I,2OI7 3i

14. Approval qf project support.-(l) The implementing agency, rcquiring the project support to implement the Project shall submit all relevant documentation to the Board for considemtion. The implernanting agency shall submit an undertrking that tle pmject falls withir lhe spending lim it notified by public pdvate partnership aufiorit) Fom time totime. (2) Thc Board shall rcvie\\' the project proposal and evaluatc the nced and amount of Governme nt su pport requcstcd and send its recommendations to the Federal Covemment forprovision of project support. CHAPTER IV Legal and Contractual Frameworkj

15. Contents of public private p|rt[e$hip agreemeuts.-(l) The contents of a public private partneBhip agreement shall b€ such as may be prescribed. (2) NohvittElanding an)ding contained in suEsection ( 1), the implementing agency may follow their applicable laws on the following issues, namely:- (a) the scope ofactivities ofthe parties to the agreement; (b) the duration ofthe agreement; (c) the palment arrangemenls for the private part),- including where applicable, the factors based on \\hich and the manner in which user charges or tarilli nray be revisedl (d) thc ri8hts and obligali(xrs ofthe partics and thc resp€clile risks to be bomc by cach parl); (e) the penalties for non compliance with the provisions ofdre public pri\ ate partnership agreementr (f) disputeresolutionmechanisms; (g) exit clauses specirying procedore of early termination ofthe public prrrare pannersh ip agreeme,rt I (h) termination payrnents and compensations, if ageed and provided in the public private partnership agreemenq (i) dle debt-equity ratio; 84 THE GAZE ITE OF PAKISTAN. EXTRA. MARCH 3I. 2OI7 0) themoniloring; (k) project ilsuranccs and trcatmcnt o[insurance prGecds; (l) operatio,l and mainlenance requirements; and (m) revcrsior \ t :ansfer or handing back ofihe project, wherever applicable and all tlLe associated assets to the implementing agency upon expiry or termirLation ofthe public private partnership agreement (.1) llnlcss orhcrll isc provad&lin lhc Public Privalc PanncrshipAgreemmq every asrccnlcnt shall hc govcrncd. conslnrcd and intcrprctcd in accordance uith the lau,s of Pakislan.

16. CoDtrrctual relationship.-< I ) For the purposes of irnplementation of the projeci, the pr vale pa(y shall, wirh or withour lhe panicipation of the implementing agenc]', iDcorpomte a company as specialpurpose t'chicle to underlake the project (l) Withoul prejudice to thc gcncrality ofthe Ii)rcgoirrB pro\istm and subjectto tlle decision )flhc Board.lhc irrflcrnerlinga8cncy afld prilalc party may enter into a,ry contract ral relalionshif lhrl is c?rpahlc (,l pro! idi g valuc for money and alTordabilil) lor ll c inrplcr)rcnling aScDc) and thc u\crs oflhe project.

17. P rolccti, t o of i nl€ r€sts.-Notw il hstand ing anyth in g contained in any olher lalv l'or lhe lims b.ring in lbrcc and sLrbjcct 1o compliance with the provisions of thisAcl and th€ rules rladc thcrc Lrndcr, an implementing agency may, in respect of a project to which this Act applics.- (a) lransfer: n irlterest, orpartofan ioterest, ofthe implementing'agency ' in any present or future assets comprised in the projecl to the privatc party: Provi(led that title ofthe immovable propcrty ofan implcmenting agency s rall rot hc lransftrrcd li, thc prilale party; (b) transfer lo the pri\ate pady the righr ti) roccilc dircctlv revenues or receivables ofthe projcct duriots lhc subsistcnce of public private partnersl ip a€treenrcntl (c) permit thR privalc parlv k) crealc securiw inlercsrs over or in respect ofthe prr sent or l-uturo irssct\ crcalcd by it, revenues. or receivables. compriscd iD ore)ipcctcd. in connection with rhe Pmjccr in thvoDrof any lend( r pft,vtling l{)anr iiJrlhe proiecl; P^Rr Il THE GAZETTE OF PAKISTAN, EXTRA., MARCH ll.2017 35 (d) cnlcr irt() rsrcements qi{h lcndcrs lu thr proiectr o. (e) agree to pay cofilpensalio tbr carly termination ol lhc public privale partnership aerreement in the manncr stated thercin.

18. Settlement of disputes.-( l) All disputcs arisirg bel*een an inrplementing agency and privatc party shall b€ decid€d in accordance with the rcrms and conditions ol the public privatc partncrihip agre€ment. (2) Subject to the tenrs and conditiorts ol the I'uhlic Privalc Partnership agrecnrcnt- ncithcr lhc irnplementing agcncy nor the pri\ate part)' shall initiate any iudicial or quasi-i ud icia I prcreedings unless the renedies pro\ ided rr thc public private partnership agreement hare been fully exhaustcd: Pro\idcd tha1, no dispute. as aforesaid. shall remaiD unscttlcd bcl\leen fie implementing agenc]'ind the private par,,-" beyond the period prescribcd undcrlhc terms ofthe public private partnership agrccrnent. (l) Neidrer the private pan] nor itsagents. ils contractor or sub-contractors shall Jop- impcdc- suspend. either in Nhole or in part, or cause thc sr\t--nsion ofor olhen\ise delay the pro!ision of. the ser! ices to the users on acco nl ofpcndenc! ofanY dispute ufldcr drc pohlic privatc parlncrship agreemcnl. C}IAPTER V Public Privelc Partncrship Proicct Procuremcnl

19. NegotirtioN of rhe agreemenl.- (l) The implementing agency, alier the project proposal has been approved by the Board, shall invite the successful Private Party bidder for negotiation ofthe public private partnership agreement. (2)'Ihe Authorio may nominatc ary of its oillcers or employees to be part of the neSotiations. (i) Subject lo finalapproval oflhe Board. the implementing agency shall execuie the Public private partnership agrecnreDl-

10. Negoliat€rl procurement of project,-The i,nplenrenting agency nra] eItcr inlo a nrgoLixled procuremenl ofa public private pa'tncrship proiect ir , are rrfrhe follo*ing rrrcurnstauce.. DJmel\. (a) where the project is bcing uodcnaken on the basis of any Federal Governrncni's bilaleral treaty or arrangemmt; or E6 THE GAZ ]fiE OF PAKISTAN EXTRA MARCH ]I :017 (b) in any ,rther case where the Federal Goveminent authorizes such an exception, for rcasons to be rdcorded in writing, in the public interest.

21. V.stiry: of pmject{1) Subject to the public private partnership ageement, the projeo along rvith all the movable and immovable properties, pmject's physical assets,licen:es, goodwill, trademarks, patents,leases, all rights including intellectual propefy ightsand inlerests associated with the project shall vest in the private party during lhe tenure ofthe public private partnership agreement: Provided ho\vever that the private party shall not create any lien, charge or encumbmnce, in fa\,our of the lenders, over the immovable propetties of the implementing agenc] as collateral. excepl with tle prior approval ofthe Board: Providcd lurther that ater expiry ofthe public privale partnership agrcement all the properties as rforesaid shall stand transferred, without any lien, charge or encumbrance, to the :mplcmenting agcncy jn accordancewilh the provisiolrs ofthe public private parmer'ship agreement- (2) without prejudicing the interestsofthe lenders, the private party shall not assign, transftr, sublel or part wilh its possessiL either in wholc or in part. the projcct or its related s:rvices to any ofthe third parties, exceptto the extent provided forin the public privr(c parlncrship agrccincnt- CHAPTER VI Miscellaneous Provisions

22. No compensation for risks not cov€red. The l'ederal Covenlment or the in rplementing agenc) shal I no{ be held liablc fbr any c laim o fthe private partt lirr a I sk. which is nol \pccified in the publ;c priyate parmership agreemelrt.

23. Compensation ard recov€ry of costs, dues and fe€s.- Notwithstanding an)1hing conurincd in puhlic private pannership agreement or in any olh cr la$, for thc 1 mc bcing in tbrcc. thc Fcdcral Govcmmcnt or the implementing agency mry recorer r sum due from a private parg_ as il the sun is recoverable as arrears of land reve,rue undcr the p(o!,i5ions of the Wesr Pakistan Land Revenue Act, 1967 (\ry-. P Act No. XVII ol 1967). 24- Trrnslparency end public disclosure.-The public plivate partnership agreement shall be a public document. Any interested person shall be entitled to obtain a c(py of it in accordance with the applicable laws. Tl{[ CAZDI-tD OI' PAKIS'IAN. I]xIRA.., M RCH 31,2017 87

25. Porver to mrkc rulqs.- lhe Fedcral (iovemment may, by notification in the ollicial Gazcttc and with the approval ol thc Board, makc rules fbr carrying out purposes of thisAct. 26. lddemtrity.-Without prejudicc to the obligations incurrcd by an implementing agency under a public private p&tnership agreement, no suit, prosecution or other legal procedings shall I ie againsl the Federal Govemment, &e Board, the Authority or any o I irc omcers acting for alld on its behalf in firrtherance ofthe functions ofthe Aufiority or Board, as the case may be, which is in good faith done or intended to be done under this Act or rules made thereunder

27. Renovrl of diflicullic..-lf any difliculty arises in giving effect to any provision oftlrisAct, lhc Fcdcml Govcmment may, by notification in the o6cial Cazette, male such prcvisions as may appear to it to be necrssary for the purpose of rernoving such diffi culty.

28. Annual Report-Within one hundrcd and twenty days from the end ofeach financia.l yqr, d|e Authority shall caus€ s report to be prepored on ils activities including public private partnersh ip aSreemenls, pmgresson projects, utilizalion of tunds underthisAct during that financial ycarand shallbe laid before tlre Parliament. QAMAR SOTIAIL LODHI, Acting Secretary. PRINTTD BY TTII: MANAGER, PRINTINC CORI)oRA1]ON ('f PAXIS-IAX }RESS. IsLAM BAD. P(JBLISHD BY TIII DEPUTY CONIROLLE& STATONERY AND II)RMS, UNIVEXSITY ROAD, XAf,ACHt