The Andhra Pradesh Infrastructure Development Enabling Act, 2001.
andhra-pradesh · 2001
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Sec
- S. 2Section 2 defines key terms used in the Andhra Pradesh Infrastructure Development Enabling Act, 2001.
- S. 3In Sec
- S. 4Section 4 outlines the composition of the Andhra Pradesh Infrastructure Development Authority, including its chairperson, vice chairperson, and ex-officio members.
- S. 5Section 5 states that non-ex-officio members serve at the government's pleasure.
- S. 6Section 6 prescribes the terms, honorarium, and allowances for Authority members.
- S. 7—
- S. 8Section 8 allows the Authority to hire necessary officers and staff to fulfill its duties under the Act.
- S. 9Section 9 establishes committees and allows the Authority to invite experts from various fields to assist in its functions.
- S. 10Section 10 outlines the Infrastructure Authority's functions, including project conceptualization, levy regulation, policy approval, and fund management.
- S. 11—
- S. 12Section 12 outlines the process for delivering infrastructure projects in Andhra Pradesh.
- S. 13Section 13 allows private sector participation in financing, constructing, maintaining, operating, and managing infrastructure projects under the Act.
- S. 14Section 14 outlines the government's obligation to disclose, allocate, and address various risks in concession agreements for real estate and other projects.
- S. 15—
- S. 16—
- S. 17Section 17 outlines the government's role in approving or rejecting infrastructure development proposals and agreements.
- S. 18Section 18 allows government entities to select consultants for infrastructure projects through a transparent process.
- S. 19Section 19 outlines the developer selection processes for government and local authorities in Andhra Pradesh, including direct negotiations and the Swiss Challenge Approach.
- S. 20Section 20 approves contract principles when a model contract is not adopted or proposed deviations exist.
- S. 21Section 21 outlines criteria for selecting developers for infrastructure projects based on factors like lowest bid, revenue share, and net present value.
- S. 22Section 22 outlines the government's options when only one bid is received in competitive bidding.
- S. 23Section 23 allows government agencies to modify bid criteria, cancel the process, or negotiate directly if no bids are received.
- S. 24Section 24 outlines rules for consortium bids, equity stakes, and member replacements in project proposals.
- S. 25Section 25 allows government agencies to reject speculative or unrealistic bids without ending the bidding process and sets norms for such determinations.
- S. 26Section 26 prohibits the government from negotiating financial or commercial terms with bidders on submitted proposals.
- S. 27Section 27 requires bidders to submit a bid security for infrastructure projects, with refunds within 30 days of developer selection.
- S. 28Section 28 mandates disclosure and allocation of generic project risks in agreements between government entities and developers.
- S. 29Section 29 allows government or local authorities to help developers securitize project assets for lenders, ensuring project success.
- S. 30Section 30 allows lenders to recover dues and substitute developers with government consent in default scenarios.
- S. 31Section 31 mandates the Government Agency or Local Authority to provide necessary facilities and support to the Developer for statutory clearances, utilities, and rehabilitation.
- S. 32Section 32 allows the State Government to establish a Conciliation Board for infrastructure development.
- S. 33Section 33 establishes a three-member board with a retired High Court Judge as Chairperson for infrastructure development.
- S. 34Section 34 establishes the permanent headquarters of the Board in Hyderabad.
- S. 35Term of Office of the members - Every member of the Board shall hold office for the term of 3 years from the date of app
- S. 36Section prescribes terms, remuneration, and perks for members as set by the Government.
- S. 37Section 37 outlines the Board's role in mediating disputes between government agencies, local authorities, and developers under the Act.
- S. 38Section 38 allows the Board to seek administrative help from an institution or person to aid conciliation proceedings.
- S. 39Section 39 grants the Board powers equivalent to a Civil Court for conciliation proceedings, including witness examination and evidence discovery.
- S. 40Section 40 deems proceedings before the Board as judicial, treating the Board like a Civil Court for certain legal purposes.
- S. 41—
- S. 42Section 42 outlines the initiation and procedural steps for conciliation under the Andhra Pradesh Infrastructure Development Enabling Act, 2001.
- S. 43Section 43 applies arbitration rules from the Arbitration and Conciliation Act to the Board for civil procedure and evidence matters.
- S. 44Section 44 requires parties to cooperate with the Board by submitting documents, providing evidence, and attending meetings.
- S. 45Section 45 allows parties to submit suggestions to the Board for resolving disputes.
- S. 46Section 46 outlines the process for the Board to facilitate and formalize settlement agreements in disputes.
- S. 47Section 47 treats settlement agreements as having the same legal standing as arbitral awards under the Arbitration and Conciliation Act.
- S. 48Section 48 details conditions under which conciliation proceedings under the Andhra Pradesh Infrastructure Development Enabling Act, 2001, are terminated.
- S. 49Section 49 prohibits initiating arbitration or court cases during conciliation but allows if necessary to protect rights.
- S. 50Section 50 mandates initiating conciliation before starting arbitration or judicial proceedings for disputes under contracts or agreements.
- S. 51Section 51 determines how costs for conciliation proceedings are fixed and apportioned between parties.
- S. 52Section 52 allows the Board to require equal deposits from parties for costs and suspend or terminate proceedings if deposits aren't made.
- S. 53Section 53 adopts the evidence admissibility rules from the Arbitration and Conciliation Act for proceedings before the Board.
- S. 54Section establishes an Infrastructure Projects Fund to be funded by the Government with an initial contribution of Rs.100 lakhs.
- S. 55Section 55 mandates government agencies or local authorities to levy fees on project applications and developers, crediting them to a designated fund.
- S. 56—
- S. 57—
- S. 58—
- S. 59—
- S. 60—
- S. 61Section 61 mandates the Infrastructure Authority to follow government policies and directives for Act implementation, with government's decisions final in disputes.
- S. 622[* * * * *] 1
- S. 63Section 63 allows the government to impose abuser charges on developers for abusing rights under the Concession Agreement.
- S. 64Section 64 authorizes the government to levy polluter charges on developers for environmental pollution and non-compliance with mitigation measures.
- S. 65—
- S. 66Section 66 mandates the Developer to indemnify the Government Agency against any project defects and cover all related costs.
- S. 67Section 67 allows the Infrastructure Authority to recover due costs, charges, fees, and fines as land revenue under the Andhra Pradesh Revenue Recovery Act.
- S. 68Section directs fines and charges imposed under the Act can be applied towards proceedings' costs.
- S. 69Section 69 imposes penalties for non-compliance with the provisions of the Andhra Pradesh Infrastructure Development Enabling Act, 2001.
- S. 70Section 70 holds company officers and the company itself liable for offenses committed by the company, with exceptions for due diligence.
- S. 71Section 71 allows the Infrastructure Authority and Conciliation Board to settle offenses related to the Act.
- S. 72Section 72 specifies that only authorized officers can file complaints for offenses under the Act, and only certain courts can try them.
- S. 73Section 73 allows penalties under this Act to proceed without affecting other legal actions under different laws.
- S. 74Section 74 protects officials and staff from legal actions for good faith actions under the Act.
- S. 75Section 75 designates members and staff of the Infrastructure Authority or Conciliation Board as public servants under the Indian Penal Code.
- S. 76Section 76 specifies that only the High Court can hear disputes under the Andhra Pradesh Infrastructure Development Enabling Act, 2001.
- S. 77Section 77 allows the State Government to address and remove any difficulties in implementing the Act by making necessary orders.
- S. 78—
- S. 79Section 79 empowers the government to create rules for implementing the act and requires legislative assembly review.
- S. 80Section 80 allows the government to delegate its powers under the Act to specific officers.
- S. 81Section 81 overrides conflicting provisions in other state laws, making the Andhra Pradesh Infrastructure Development Enabling Act prevail.
- S. 82Repeal of Ordinance 4 of 2001 - The Andhra Pradesh Infrastructure Development Enabling Ordinance, 2001 is hereby repeale
- S. 84Repeal of Ordinance 4 of 2001