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Events

Enactment of the Bangladesh Public-Private Partnership (PPP) Act, 2015

Posting Date: 20 September, 2015

The Bangladesh Public-Private Partnership Act, 2015 (“PPP Act”) was enacted and gazetted on 16 September, 2015.

Objectives:
The PPP Act has been enacted with the objective of facilitating the development of core sector public infrastructure and services vital for the people of Bangladesh. The law prioritizes increased investment in infrastructure which is essential for sustainable economic growth. It further provides a robust legal framework to attract the interest of national and international private sector investors to join in partnership with the government in building and upgrading core infrastructure assets. The goal of the Government is to ensure a more rapid, inclusive growth trajectory, and to better meet the need for enhanced, high quality public services in a fiscally sustainable manner.

Key Features
The PPP Act has been structured over 7 (seven) chapters. After the initial chapter on preliminaries and definitions, Chapter 2 provides for the establishment of a Public Private Partnership Authority (“PPP Authority”). The PPP Authority shall be neutral and independent in relation to all financial, administrative matters and in carrying out its functions. The activities of the PPP Authority will be overseen by a Board of Governors, which will be chaired by the Honourable Prime Minister. The Honourable Finance Minister will be the Vice Chairperson of the Board of Governors with the Principal Secretary to the Honourable Prime Minister acting as the Member Secretary.

A wide range of powers have been provided to the PPP Authority to ensure an efficient and comprehensive development of the PPP program. This includes development of policy, regulations and guidelines, development of standard documentation, appointment of consultants and advisors, providing consents and opinions in relation to PPP projects, organizing seminars and training sessions, etc.

Chapter 3 sets out the provisions for the identification and approval of PPP projects. The Cabinet Committee on Economic Affairs (“CCEA”) is mandated to provide the in-principal and final approval for PPP projects. This chapter also provides for national priority projects and incentives for PPP projects including the basis on which public sector can financially participate in PPP projects.

Chapter 4 broadly covers the selection of a private partner to develop and execute PPP projects, with provision for the detailed process to be specified in subsequent regulations. Chapter 5 of the PPP Act emphasizes the importance of transparency in the implementation of the PPP program by setting out provisions to deal with issues of corruption and conflict of interest.

Chapter 6 identifies some of the key issues that should be covered in a PPP contract. It also provides for land access rights and the right of the private partner to impose levy on users for accessing public services or purchasing public goods. Further, in order to enhance investor protection, it provides a clear dispute resolution process which includes amicable settlement, mediation and arbitration.

The final chapter sets out a number of miscellaneous measures covering issues such as grievance procedures, confidentiality, etc. The chapter also provides that the Policy and Strategy for Public-Private Partnership (PPP), 2010 (PPP Policy), is to be treated as repealed following the enactment of the PPP Act. However, it also provides exceptions in which cases the PPP Policy will continue to be applicable.

Development of the PPP Law
The PPP Office with the support of the Asian Development Bank initiated the process for drafting the PPP law in late 2011. The draft law was developed taking into account examples of PPP laws and regulations enacted in other PPP practicing countries as well as a series of stakeholder consultations with representatives from the public and private sector and multilateral partners. The final draft of the PPP bill was approved by the Cabinet in November 2014 and tabled in Parliament in February 2015. The Standing Committee scrutinized the bill and submitted its final report and recommendations to the Parliament on 2 September 2015. The PPP bill was passed in the National Parliament on 7 September 2015. His Excellency Mr Mohammad Abdul Hamid, President of the People’s Republic of Bangladesh, signed the PPP bill 2015 on 16 September 2015 to provide his assent to turn the bill into law.

 
EVENTS ARCHIVE
2017 (2)
Seminar on the Latest Developments of the PPP Programme
9 August, 2017
PPP Authority signed G2G Memorandum of Cooperation (MoC) with Ministry of Land, Infrastructure, Transport and Tourism MLIT, Japan
28 June, 2017
 
2016 (8)
PPP Stakeholder Workshop with Bangladesh Municipal Development Fund (BMDF) and UNCDF
21 November, 2016
PPP Authority signed ‘PPP Financing Partnership’ MOU with 14 Financial Institutions
4 November, 2016
Prime Minster Chairs first Board of Governors Meeting Under the PPP Act
3 March, 2016
Signing of the development Agreement & Permit giving ceremony for Mongla Economic Zone
26 February, 2016
Commencement of Project Development Activities for “Establishment of International Standard Tourism Complex at Existing Motel Compound of BPC at Sylhet”
25 February, 2016
PPP Stakeholder Workshop with Ministry of Industries
24 February, 2016
Stakeholder Workshop on Draft Feasibility Report of "Construction & Operation of Inland Container Terminal at Khanpur" under PPP
28 January, 2016
PPP Stakeholder Workshop with Ministry of Environment & Forest
7 January, 2016
 
2015 (13)
Pre-application Meeting
28 October, 2015
Pre-application Meeting
27 October, 2015
Pre-application Meeting
26 October, 2015
Pre-bid Meeting
22 September, 2015
Enactment of the Bangladesh Public-Private Partnership (PPP) Act, 2015
20 September, 2015
Commencement of Project Development Activities for Establishment of International Standard Tourism Complex at Existing Motel Upal Compound of BPC at Cox’s Bazar
16 August, 2015
Pre-Application Meeting
31 May, 2015
Commencement of Project Development Activities for Establishing Bangladesh Railways Medical College in Chittagong
9 April, 2015
Commencement of Project Development Activities for Construction & Operation of Inland Container Terminal (ICT) at Khanpur on PPP basis
30 March, 2015
Commencement of Project Development Activities for Construction of Laldia Bulk Terminal at Chittagong on PPP basis
30 March, 2015
Expanding Public Health Services through PPP
12 March, 2015
Stakeholder Workshop on Development of Integrated Tourism and Entertainment Village at Cox’s Bazar
26 February, 2015
Contract Signing with Private Investor for Establishment of Two Out Patient Hemodialysis Centers at NIKDU Hospital, Dhaka and CMC Hospital, Chittagong on Public Private Partnership Model
27 January, 2015
 
2014 (13)
Seminar of Draft PPP Law
22 October, 2014
Commencement of Project Development Activities for setting up of 5 star hotel at Zakir Hossain Road, Chittagong
16 October, 2014
International Investors Forum Bangladesh 2014 for promoting investment climate in Bangladesh
17 September, 2014
Dhaka-Chittagong Expressway Contract Signing for Feasibility Study and Detailed Design
03 July, 2014
Commencement of Project Development Activities for Integrated Tourism and Entertainment Village at Cox's Bazar
30 June, 2014
Round Table Discussion on PPP in Bangladesh
31 May, 2014
PPP Stakeholders Workshop with Focal Points
8 May, 2014
PPP Stakeholder Workshop with Senior GoB Officials
30 April, 2014
Project Development for Upgrading the Hemayetpur-Singair-Manikganj Road into 4 lane expressway on PPP basis
27 April, 2014
Transaction Advisor Appointed for Construction of Flyover from Shantinagar to Dhaka-Mawa Road (Jhilmil) on PPP basis
27 April, 2014
PPP Stakeholders Workshop with Planning Commission
17 April, 2014
PPP Stakeholders Workshop with Focal Points
3 April, 2014
Inauguration of the Project Development for Mirpur Housing under PPP modality
27 February, 2014
 
2013 (11)
Start of the Project Development for Dhaka By-Pass Road under PPP modality
12 December, 2013
Pre-Bid Meeting held for Development of Jetties at Mongla Port through PPP
10 October, 2013
PPP Office Organizes Round Table discussion with Development Partners
9 October, 2013
Stakeholder Consultation for PPP Project Abasar
7 October, 2013
PPP Training in HPN (Health Population & Nutrition) sector
17 June, 2013
Workshop on enhancement of long-term PPP Financing
4 May, 2013
Workshop on "PPP in Tourism"
14 March, 2013
Inter-ministerial meeting on draft PPP Law, 2013
14 March, 2013
PPP Stakeholders' Workshop
28 January, 2013
Workshop on "Sharing PPP Experiences"
24 January, 2013
PPP key to realizing vision 2021 development goals
1 January, 2013
 
2012 (5)
Workshop on PPP Training Needs Assessment
10 November, 2012
PPP Office attended View Exchange meeting on IPFF Financing for potential PPP projects
8 October, 2012
Government of Bangladesh to Expand Affordable Dialysis Service through Public-Private Partnership
17 September, 2012
PPP Office Consult with BUILD
10 June, 2012
PPP Office Consult with PFI
5 June, 2012
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