The Telangana Infrastructure Development Enabling Act, 2001.
telangana · 2001
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the 2Telangana Infrastructure Development Enabling Act, 2001
- S. 2Section defines key terms used in the Telangana Infrastructure Development Enabling Act, 2001.
- S. 3Substituted by G
- S. 4Substituted by G
- S. 5Substituted by G
- S. 6Substituted by G
- S. 7Section 7 outlines the meeting times, places, and procedures for the Authority's business transactions.
- S. 8Substituted by Act No
- S. 9Section 9 allows the Authority to form committees and invite experts to assist in carrying out its functions.
- S. 10Section 10 outlines the Infrastructure Authority's functions, including project conceptualization, coordination, monitoring, and financial support.
- S. 11Section 11 grants the Infrastructure Authority final, binding powers to clear projects, direct project implementation, and inspect projects.
- S. 12Adapted by G
- S. 13Section 13 allows private sector participants to finance, build, maintain, operate, and manage infrastructure projects under the Act.
- S. 14Section 14 allows Infrastructure Authority, Government Agency, or Local Authority to initiate infrastructure projects and refer them to each other for consideration.
- S. 15Any other Projects or sectors as may be notified by the Government
- S. 16Section 16 mandates government agencies to submit reports and project proposals to the government based on Infrastructure Authority recommendations.
- S. 17Section 17 outlines the government's process for approving or rejecting infrastructure development proposals and agreements.
- S. 18Section 18 mandates government agencies to ensure competitive consultant selection for projects, with technical capabilities prioritized.
- S. 19Section 19 allows government agencies or local authorities to select developers through direct negotiations or the Swiss Challenge Approach for specific projects.
- S. 20Section 20 mandates the Infrastructure Authority to create or approve contract principles when no model contract is adopted or deviations occur.
- S. 21Section 21 outlines criteria for selecting developers for infrastructure projects through competitive bidding.
- S. 22Section 22 allows government or local authorities to accept, renegotiate, or reject sole bids in competitive bidding processes.
- 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 member roles, equity stakes, and changes in consortium composition for project proposals.
- S. 25Section 25 allows government agencies to reject speculative or unrealistic bids in infrastructure projects, without terminating the bid process.
- S. 26Section 26 prohibits negotiation on financial or commercial aspects of bids submitted by consortia under the Telangana Infrastructure Development Enabling Act, 2001.
- S. 27Section 27 requires bidders to submit a bid security and mandates the refund of unsuccessful bids within 30 days.
- S. 28Section 28 mandates government agencies to disclose project risks in contracts, with undisclosed risks not forming grounds for developer claims.
- S. 29Section 29 allows government or local authorities to help developers secure loans by securitizing project assets.
- S. 30Section 30 allows lenders to recover dues via user levies and substitute developers with government consent.
- S. 31Section 31 mandates government agencies to assist developers in obtaining necessary state and central clearances and support for project-related rehabilitation.
- S. 32Section 32 allows the State Government to establish a Conciliation Board for specified dates.
- S. 33Section 33 establishes a three-member Board with a retired High Court Judge as Chairperson to handle infrastructure-related disputes.
- S. 34Section 34 establishes the permanent headquarters of the Board in Hyderabad and specifies that meetings are chaired by the Chairperson.
- S. 35Every member of the Board shall hold office for a term of 3 years from the date of appointment
- S. 36Section 36 prescribes terms, remuneration, and perquisites for members by government regulation.
- S. 37Section 37 outlines the Board's role in assisting in the amicable settlement of disputes under the Act.
- S. 38Section 38 allows the Board to seek administrative help from an institution or person for conciliation proceedings with party consent.
- S. 39Section 39 grants the Board powers equivalent to a Civil Court for conciliation proceedings, including summoning parties and witnesses, and managing evidence.
- S. 40Section 40 treats proceedings before the Board as judicial and grants it powers akin to a Civil Court.
- S. 41Section 41 mandates amicably resolving disputes between government entities and developers, referring unresolved ones to a Conciliation Board.
- S. 42Section 42 outlines the initiation and procedural steps for conciliation in disputes under the Telangana Infrastructure Development Enabling Act, 2001.
- S. 43Section 43 applies arbitration rules from 1996 Act to the Board's procedures under 1908 and 1872 Acts.
- S. 44Section 44 requires parties to cooperate with the Board by submitting materials, providing evidence, and attending meetings.
- S. 45Section 45 allows each party to independently or via Board invitation, submit dispute settlement suggestions.
- S. 46Section 46 outlines the process for dispute resolution and settlement agreements through the Board's mediation efforts.
- S. 47Section 47 treats settlement agreements as having the same legal standing as arbitral awards under the Arbitration and Conciliation Act.
- S. 48Section 48 outlines conditions for terminating conciliation proceedings under the Telangana Infrastructure Development Enabling Act, 2001.
- S. 49Section 49 prohibits initiating arbitration or court proceedings during conciliation but allows starting them to protect rights.
- S. 50Section 50 mandates initiating conciliation before any arbitration or judicial proceedings for disputes under contracts or agreements.
- S. 51Section 51 determines how costs and expenses from conciliation proceedings are divided between parties.
- S. 52Section 52 mandates the Board to require equal deposits from parties for costs and may suspend or terminate proceedings if deposits are not made.
- S. 53Section 53 applies arbitration rules on evidence admissibility from 1996 Act to Board proceedings.
- S. 54The Government shall establish a fund to be called the “Infrastructure Projects Fund” and shall contribute a sum of Rs
- S. 55Section 55 allows government agencies to levy fees on project applications and developers, crediting them to a designated fund.
- S. 56Section 56 establishes the administration and management of the fund by the Infrastructure Authority, which can appoint officers for fund oversight.
- S. 57Section 57 allocates funds to the Infrastructure Authority for executing the Act's objectives.
- S. 58The fund will be operated by and under the name of the Infrastructure Authority
- S. 59Section 59 establishes the Infrastructure Authority's policy and regulatory framework for fund management.
- S. 60Section 60 mandates annual audits of the fund and reports to the State Government and Legislature.
- S. 61Section 61 mandates the Infrastructure Authority to follow government policies and guidelines, with final dispute resolution by the government.
- S. 62The Infrastructure Authority shall ensure transparency while exercising its powers and discharging its functions
- S. 63Section 63 allows the Infrastructure Authority to levy abuser charges on developers for abusing rights, after a 15-day notice period.
- S. 64Section 64 allows the Infrastructure Authority to levy Polluter Charges on developers for environmental pollution and non-compliance with mitigation measures.
- S. 65Section 65 allows appeals to the Government against Infrastructure Authority orders, with the Government's decision being final.
- S. 66Section 66 requires the Developer to compensate the Government Agency for any project defects and related costs.
- S. 67Section 67 allows the Infrastructure Authority to recover dues from the Telangana Revenue Recovery Act and remit them to the Infrastructure Projects Fund.
- S. 68Section 68 allows the Infrastructure Authority to apply imposed costs towards legal proceeding expenses.
- S. 69Section 69 imposes fines and imprisonment for non-compliance with the Act or authority directives.
- S. 70Section 70 holds company officers and responsible individuals liable for company offenses, with exceptions for due diligence and lack of knowledge.
- S. 71Section 71 allows the Infrastructure Authority and Conciliation Board to settle any violations of the Act or its orders.
- S. 72Section 72 restricts court cognizance of specified offences to complaints from authorized officers and limits trial to specific magistrates.
- S. 73Section 73 allows additional legal actions under this Act for violations, without affecting other possible legal actions.
- S. 74Section 74 protects the Authority, Board, and their staff from legal actions for actions done in good faith under the Act.
- S. 75Section 75 deems members and employees of the Infrastructure Authority as public servants under the Indian Penal Code.
- S. 76Section 76 specifies that disputes under the Act must be resolved exclusively by the High Court.
- S. 77Section 77 allows the State Government to issue orders to resolve difficulties in implementing the Act, subject to legislative review.
- S. 78Section 78 allows the Infrastructure Authority and Conciliation Board to create regulations for their functions, with government approval.
- S. 79(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act
- S. 80Section 80 allows the government to delegate any powers under the Act to a government officer with specified terms.
- S. 81Section 81 makes provisions in the Act prevail over conflicting state laws.
- S. 82Repeal of Ordinance
- S. 1996Establishment of the fund
- S. 200142 [Act No