The Bihar State Infrastructure Development Enabling Act, 2006
bihar · 2024
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Recruitment and Appointment 1
- S. 2Section 2 defines key terms used in the Bihar Infrastructure Development Enabling Act, 2006, including "Project," "Government Agency," and "Charges for Abuse."
- S. 3MISCELLANEOUS 3
- S. 4MD may go for lesser years of experience if sufficient candidates are not available having required number of years
- S. 5',,'l'illClq~ ~Gi4RClC:; ~ ~ ID\(f t I
- S. 6Tenders The Authority may go for a local or national tender
- S. 7In house Consultant(s) of the IDA - to be nominated by the MD
- S. 8The section allows the Authority to hire necessary officers and staff to fulfill its duties under the Act.
- S. 092023) "<fiT Pt""1~f6d ~ ~ ~ ~ ~ ~ ~ ~ {Rl ~ ~ \iITffi ~
- S. 9'Substitutioll (If new sectioll rllr ~cclil)Jl II or Hill;
- S. 10Section 10 outlines the Infrastructure Development Authority's duties to conceptualize, process, advise, monitor, and implement projects under the Bihar State Infrastructure Development Enabling Act.
- S. 11Amc
- S. 12Section 12 allows the Authority to hire consultants on a retainership basis for planning, design, and implementation of infrastructure projects.
- S. 13Section 13 allows private sector participants to engage in financing, building, upkeep, and managing infrastructure projects.
- S. 14Section 14 allows the Infrastructure Development Authority, Government Agency, or Local Authority to identify infrastructure projects and refer them to each other for consideration.
- S. 15Any other Projects or sectors may be notified by the Government
- S. 16Section 16 mandates government agencies to submit projects to the government for approval based on Infrastructure Development Authority's advice.
- S. 17Section 17 outlines the process for the government to approve or reject infrastructure development proposals and agreements submitted by agencies or authorities.
- S. 18Section ensures competitive consultant selection with technical capability emphasis for Bihar projects.
- S. 19Section 19 outlines the developer selection processes for government and local authorities in Bihar, including direct negotiations and the Swiss Challenge Approach.
- S. 20Section 20 allows the Infrastructure Development Authority to approve contract principles when a model contract is not adopted or deviated from.
- S. 21Section 21 outlines criteria for selecting developers for infrastructure projects through competitive bidding.
- S. 22Section 22 outlines procedures for handling a sole bid in competitive bidding processes in Bihar.
- S. 23Section 23 allows government agencies to modify or cancel bidding processes and negotiate directly if no bids are received.
- S. 24Section 24 outlines rules for consortium bids, including consortium member roles, lead member replacement conditions, and equity stake maintenance.
- S. 25Section 25 allows government agencies to reject speculative or unrealistic bids for infrastructure projects.
- S. 26Section 26 prohibits the government or its agencies from negotiating financial or commercial terms with bidders.
- S. 27Section 27 requires bidders to submit a project cost-based bid security and mandates refund within 30 days for unsuccessful bidders.
- S. 28Section 28 mandates disclosure of generic risks in infrastructure projects and outlines their treatment, ensuring no claims arise from undisclosed risks due to unforeseen circumstances.
- S. 29Section 29 allows government or local authorities to help developers securitize project receivables and assets for lenders, with set terms to ensure project success.
- S. 30Section 30 allows lenders to recover dues and, with government consent, replace defaulting developers.
- S. 31Section mandates the Government Agency or Local Authority to provide necessary facilities and support for statutory clearances, utilities, and rehabilitation for the Developer.
- S. 32The section allows the State Government to establish a "Conciliation Board" via notification.
- S. 33Section 33 establishes a three-member Board with a Chairperson and two experts for infrastructure, finance, banking, or law.
- S. 34Head Quarters
- S. 35Term of office of the members:-Every member of the Board shall hold office for a term of 3 years from the date of appoin
- S. 36Section 36 prescribes the terms and conditions for appointing members of the Bihar State Infrastructure Development Corporation.
- S. 37Section 37 outlines the Board's role in amicably resolving disputes between government agencies, local authorities, and developers under the Act.
- S. 38Administrative assistance
- S. 39Powers of the Board
- S. 40Judicial proceeding
- S. 41Application and Scope
- S. 42Establishment of the fund
- S. 43Fees and charges to be credited to the fund
- S. 44Administration of the fund
- S. 45Section 45 directs the Infrastructure Development Authority to use the fund for the Act's objectives and its own activities.
- S. 46Operation the fund
- S. 47Formulation of policy and regulations for the fund
- S. 48Audit report of the fund
- S. 49Control by Government
- S. 50Transparency
- S. 51Abuser charges
- S. 52Polluter charges
- S. 53Appeal
- S. 54Indemnity by the Developer
- S. 55Section 55 allows the Infrastructure Development Authority or relevant agencies to recover all owed costs, charges, dues, fees, and fines under the Act.
- S. 56Application of fines and charges
- S. 57Section 57 imposes fines and imprisonment for non-compliance with the Bihar State Infrastructure Development Enabling Act, 2006.
- S. 58Offences by companies
- S. 59Section 59 allows the Infrastructure Development Authority and Conciliation Board to settle offenses related to the Act.
- S. 60Cognizance of offences
- S. 61Penalties and proceedings not to prejudice other actions
- S. 62Protection of action taken in good faith
- S. 63Members and staff of Infrastructure Development Authority or conciliation Board to be public servants
- S. 64Bar of Jurisdiction
- S. 65Power to remove difficulties
- S. 66Power to make regulations
- S. 67Power to make rules
- S. 68Delegation of Powers
- S. 69Act to override other State laws
- S. 2006ii) Appointing Authority - MD shall be the Appointing Authority