Andhra Pradesh Infrastructure Development Enabling Act, 2001
The Andhra Pradesh Infrastructure Development Enabling Act, 2001
The Andhra Pradesh Infrastructure Development Enabling Act, 2001 provides a comprehensive statutory framework to accelerate the development of physical and social infrastructure across Andhra Pradesh by facilitating Private Sector Participation through Public-Private Partnerships (PPP). It establishes the statutory Infrastructure Authority to conceptualize projects, approve concession agreements, regulate user levies, and manage infrastructure funds. The legislation outlines transparent developer selection methods—including competitive bidding, direct negotiations, and the Swiss Challenge approach for unsolicited proposals—while defining generic risk allocation, state support, and lender protections. It also creates a dedicated Conciliation Board to ensure fast-track, amicable dispute resolution for concession contracts.
- 1. Short title, extent, application and commencement
- 2. Definitions
- 3. Constitution of Infrastructure Authority
- 4. Composition of the Authority
- 5. Term of Office of the Members
- 6. Terms and conditions of service
- 7. Meetings of the Authority
- 8. Appointment of officers and staff of the Authority
- 9. Constitution of Committees
- 10. Functions of the Infrastructure Authority
- 11. Powers of the Infrastructure Authority
- 12. Report to the Government
- 13. Participation in Infrastructure Project
- 14. Project Identification
- 15. Prioritisation of projects
- 16. Recommendations by the Infrastructure Authority
- 17. Sanction by the Government
- 18. Consultant Selection
- 19. Developer Selection Processes
- 20. Approval of contract principles
- 21. Selection criteria
- 22. Treatment of Sole Bid
- 23. Treatment of limited response
- 24. Treatment of Bid submitted by a consortium
- 25. Speculative bids
- 26. No negotiation on financial or commercial proposal
- 27. Bid Security
- 28. Generic Risks disclosure and its allocation and treatment
- 29. Facilitation of the securitisation
- 30. Rights of Lenders
- 31. Facilities to be provided by the Government Agency or the Local Authority
- 32. Establishment of Board
- 33. Constitution of the Board
- 34. Head Quarters
- 35. Term of Office of the members
- 36. Terms and conditions of appointment
- 37. Functions of the Board
- 38. Administrative assistance
- 39. Powers of the Board
- 40. Judicial Proceeding
- 41. Application and Scope
- 42. Commencement of conciliation proceedings
- 43. The Board and certain Enactments
- 44. Co-operation of the parties with the Board
- 45. Suggestions by parties for settlement of dispute
- 46. Settlement agreement
- 47. Status and effect of settlement agreement
- 48. Termination of conciliation proceedings
- 49. Resort to Arbitral or Judicial Proceedings
- 50. Commencement of arbitral or judicial proceedings
- 51. Costs
- 52. Deposits for costs
- 53. Admissibility of evidence in other proceedings
- 54. Establishment of the Fund
- 55. Fees and charges to be credited to the fund
- 56. Administration of the fund
- 57. Utilisation of the fund
- 58. Operation of the fund
- 59. Formulation of policy and regulations for the fund
- 60. Audit report of the fund
- 61. Control by Government
- 62. Transparency
- 63. Abuser Charges
- 64. Polluter charges
- 65. Appeal
- 66. Indemnity by the Developer
- 67. Recovery of costs, charges, dues, fees and fines
- 68. Application of fines and charges
- 69. Penalties
- 70. Offences by Companies
- 71. Power to compound offences
- 72. Cognizance of offences
- 73. Penalties and proceedings not to prejudice other actions
- 74. Protection of action taken in good faith
- 75. Members and staff of Infrastructure Authority or Conciliation Board to be Public Servants
- 76. Bar of Jurisdiction
- 77. Power to remove difficulties
- 78. Power to make regulations
- 79. Power to make rules
- 80. Delegation of Powers
- 81. Act to override other State Laws
- 82. Repeal of Ordinance 4 of 2001
- 84. Transitional Provision
- 0. Preamble
- Schedule I. Schedule I
- Schedule II. Schedule II
- Schedule III. Schedule III
- Schedule IV. Schedule IV
- Schedule V. Schedule V
PDF: pending for this language.