Bare ActsThe Tripura Infrastructure Investment Fund Act,2018

Section 2

Amendment status not verified — confirm the current text below against the official source.

Definitions: In this Act, unless the context otherwise requires — a) 'Board' means the Tripura Infrastructure Investment Fund Board constituted under Section 5; b) ‘Concessionaire’ means the private sector participant which has entered into a public-private partnership; c) ‘Concession agreement’ means an agreement entered into between a public agency and a private sector participant for and in respect of a public-private partnership; d) ‘Detailed project study’ means a detailed study of the project made after the preliminary decision for investment, in order to ascertain the capital cost, technological parameters, description of the technology to be used, technical specifications, plan schedule to assist the financial investment, plan for Tripura Gazette, Extraordinary Issue, July 24, 2018 A. D. 3 implementation of the project and such other information as may be specified in the Scheme; e) ‘Executive Committee’ means the Committee constituted under Section 10; f) ‘Feasibility study’ means a preliminary study to assess the technical and financial viability and to assess the social and environmental impact of a project for making a decision for investment which shall include the demand for services, appropriate technology to be adopted, capital cost, time required for implementation and such other information as may be specified in the Scheme. g) 'Financial assistance' means the types of assistance specified in the Scheme; h) 'Fund' means the Tripura Infrastructure Investment Fund, established under Section 3 and the scheme; i) 'Fund Manager' means the Fund Manager of the Board; j) 'Government' means the Government of Tripura; k) ‘Government Company’ means any company in which not less than fifty one per cent of the paid-up share capital is held by the Government or Central Government or other State Governments and includes a company which is a subsidiary of any Government Company; l) ‘Infrastructure’ means the assets or services in any one or more of the sectors specified in the Second Schedule; m) 'Infrastructure projects' includes projects in the sectors specified in the Second Schedule and multipurpose projects comprising of one or more of the sectors specified therein; n) 'Local Self Government Institution' means a Panchayat at any level constituted under the Tripura Panchayat Raj Act, 1993 (The Tripura Act No. 7 of 1993), or a Municipality constituted under the Tripura Municipal Act, 1994 (The Tripura Act No. 7 of 1994); o) 'Other undertakings' means Public Companies established in the State under the Companies Act, 2013 (Central Act 18 of 2013) in joint sector, where the investment of the Government is not less than twenty six per cent of the total paid up share capital, or societies established under the Tripura State Co-operative Societies Act, 1974 (The Tripura Act No-8 of 1974) and where Tripura Gazette, Extraordinary Issue, July 24, 2018 A. D. 4 Government, Local Self Government Institutions or any Public Sector Under taking, as the case may be, have not less than twenty six percent of interest in its assets, ownership and management; p) 'Public Sector Undertakings' means any Government Company established in the State under the Companies Act, 2013 (Central Act 18 of 2013) or a Co- operative Society registered or deemed to have been registered under the Tripura State Co-operative Societies Act, 1974 (The Tripura Act No-8 of 1974) where the Government holds not less than fifty one per cent of the share capital, and substantial control over its management and includes public undertakings established under a statute; q) ‘Private sector participant’ means any person or entity other than a public agency or the Central Government or a public sector undertaking of the Central Government; r) ‘Project’ means an Infrastructure Project and includes both physical and social Infrastructure Projects; Explanations-For the purpose of this clause ‘physical infrastructure projects’ means projects primarily intended for creation of tangible assets and ‘social infrastructure projects’ means intangible social assets such as schools, social services etc. s) ‘Public-private partnership’ means an arrangement between a public agency and a private sector participant for providing infrastructure which includes investment, design, development, construction, maintenance or operation undertaken by the private sector participant, wherein risks are allocated between them such that the private sector participant takes the risks beyond the stage of design, construction and the payment for the services are performance linked, in the form of user charges, annuities or unitary payment; t) ‘Public agency’ means any department of the Government or the Central Government or other State Governments or public sector undertaking, Government Company, statutory board formed by the Government or the Central Government or other State Governments, Local Self Government Institutions, co-operative institution, university, any society or trust formed, owned or controlled by the Government or the Central Government or other State Governments; u) 'Schedule' means the Schedule to this Act; Tripura Gazette, Extraordinary Issue, July 24, 2018 A. D. 5 v) 'Scheme' means the scheme framed under this Act; w) ‘Special Purpose Vehicle’ means the Public Agency, Public Sector Undertaking or Public-Private Partnership formed for executing any work financed by the Board; x) ‘Sponsoring agency’ means the public agency designated by the Board to implement a project through public-private partnership; y) 'State' means the State of Tripura; z) ‘State support’ means the support extended by the Government to a concessionaire, which may include,- i. subsidy or capital grant not exceeding such proportion of the cost of the project, as may be specified in the scheme; ii. equity; iii. loans; iv. guarantee by the Government; v. opening and operation of escrow account: vi. conferment of right to develop any land; vii. incentives in the form of exemption from the payment of, or deferred payment of, any tax or fees levied under any law or such other incentives, as may be specified, in the Scheme. aa) 'Undertakings' means public sector undertakings or other undertakings; bb) ‘User levy’ means user charge or fee or any other amount, by whatever name be called, payable by the user of an infrastructure facility. cc) 'Year' means the financial year;

Section 2 – The Tripura Infrastructure Investment Fund Act,2018 | DailyLaw.ai