Andhra Pradesh Infrastructure Development Enabling Act, 2001

The Andhra Pradesh Infrastructure Development Enabling Act, 2001

Infrastructure200189 sections

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. 1. Short title, extent, application and commencement
  2. 2. Definitions
  3. 3. Constitution of Infrastructure Authority
  4. 4. Composition of the Authority
  5. 5. Term of Office of the Members
  6. 6. Terms and conditions of service
  7. 7. Meetings of the Authority
  8. 8. Appointment of officers and staff of the Authority
  9. 9. Constitution of Committees
  10. 10. Functions of the Infrastructure Authority
  11. 11. Powers of the Infrastructure Authority
  12. 12. Report to the Government
  13. 13. Participation in Infrastructure Project
  14. 14. Project Identification
  15. 15. Prioritisation of projects
  16. 16. Recommendations by the Infrastructure Authority
  17. 17. Sanction by the Government
  18. 18. Consultant Selection
  19. 19. Developer Selection Processes
  20. 20. Approval of contract principles
  21. 21. Selection criteria
  22. 22. Treatment of Sole Bid
  23. 23. Treatment of limited response
  24. 24. Treatment of Bid submitted by a consortium
  25. 25. Speculative bids
  26. 26. No negotiation on financial or commercial proposal
  27. 27. Bid Security
  28. 28. Generic Risks disclosure and its allocation and treatment
  29. 29. Facilitation of the securitisation
  30. 30. Rights of Lenders
  31. 31. Facilities to be provided by the Government Agency or the Local Authority
  32. 32. Establishment of Board
  33. 33. Constitution of the Board
  34. 34. Head Quarters
  35. 35. Term of Office of the members
  36. 36. Terms and conditions of appointment
  37. 37. Functions of the Board
  38. 38. Administrative assistance
  39. 39. Powers of the Board
  40. 40. Judicial Proceeding
  41. 41. Application and Scope
  42. 42. Commencement of conciliation proceedings
  43. 43. The Board and certain Enactments
  44. 44. Co-operation of the parties with the Board
  45. 45. Suggestions by parties for settlement of dispute
  46. 46. Settlement agreement
  47. 47. Status and effect of settlement agreement
  48. 48. Termination of conciliation proceedings
  49. 49. Resort to Arbitral or Judicial Proceedings
  50. 50. Commencement of arbitral or judicial proceedings
  51. 51. Costs
  52. 52. Deposits for costs
  53. 53. Admissibility of evidence in other proceedings
  54. 54. Establishment of the Fund
  55. 55. Fees and charges to be credited to the fund
  56. 56. Administration of the fund
  57. 57. Utilisation of the fund
  58. 58. Operation of the fund
  59. 59. Formulation of policy and regulations for the fund
  60. 60. Audit report of the fund
  61. 61. Control by Government
  62. 62. Transparency
  63. 63. Abuser Charges
  64. 64. Polluter charges
  65. 65. Appeal
  66. 66. Indemnity by the Developer
  67. 67. Recovery of costs, charges, dues, fees and fines
  68. 68. Application of fines and charges
  69. 69. Penalties
  70. 70. Offences by Companies
  71. 71. Power to compound offences
  72. 72. Cognizance of offences
  73. 73. Penalties and proceedings not to prejudice other actions
  74. 74. Protection of action taken in good faith
  75. 75. Members and staff of Infrastructure Authority or Conciliation Board to be Public Servants
  76. 76. Bar of Jurisdiction
  77. 77. Power to remove difficulties
  78. 78. Power to make regulations
  79. 79. Power to make rules
  80. 80. Delegation of Powers
  81. 81. Act to override other State Laws
  82. 82. Repeal of Ordinance 4 of 2001
  83. 84. Transitional Provision
  84. 0. Preamble
  85. Schedule I. Schedule I
  86. Schedule II. Schedule II
  87. Schedule III. Schedule III
  88. Schedule IV. Schedule IV
  89. Schedule V. Schedule V

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