Andhra Pradesh Economic Development Board Act, 2018

1. (1) This Act may be called the Andhra Pradesh Economic Development Board Act, 2018. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

In this Act, unless the context otherwise requires,- (1) "Act" means the Andhra Pradesh Economic Development Board Act, 2018; (2) "Competent Authorities" means the Competent Authorities constituted under section 7; (3) "Board" means the Andhra Pradesh Economic Development Board constituted under section 3 (1); (4) "Chief Executive Officer" means the Chief Executive Officer of the Board; (5) "Board Department" means the Board Department related to the State Government; (6) "Government" means the Government of Andhra Pradesh; (7) "Government Agency" includes any Government body or corporation or body corporate established or controlled by it or any other corporation or society or trust or research-based autonomous body or body, or with whom the Government has entered into any other body agreement; (8) "Financial Institutions" means entities specified in the Act or any institution or setup development or capital or loan assistance or local areas and foreign entities that are facilitating Government entities and/or entities in performing activities; (9) "Projects" means a project or projects related to any infrastructure or development project before the industrial and infrastructure related activities, land development activities, water irrigation activities, development in area of activity, business activities, etc. linked with loans of any kind and infrastructure activities; (10) "Project proponents" means any private partner with whom infrastructure, infrastructure projects, Land Acquisition Act, 1894 (1 of 1894) or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (18 of 2013) notified land or building, Indian Easements Act, 1882 (2 of 1882) notified easements, Societies Registration Act, 1860 (21 of 1860) notified society or Indian Partnership Act, 1932 (9 of 1932) notified partnership firms, Limited Liability Partnership Act, 2008 (6 of 2009) notified Limited Liability Partnership with whom any other relevant body has done any other relevant work; (11) "Private Partner" means any commercial partner, or private authorities or trade partnership or any board private partner or any agency partnership or private constituent to facilitate, purchase, or facilitate any other relevant body; (12) "Director" means the Director of the Board and means the Secretaries, Competent Authorities and Board Directors; (13) "Notification" means notification published in the Andhra Pradesh Gazette; (14) "Public Private Partnership" means Government Agency or private partner or Public Agency or public agency that is linked with any other activity for future body; (15) "Project" means notified, government, government agency or in Andhra Pradesh State to be performed notified in the private partner body; (16) "Public-Private Partnership Agreement" means made notified or settlement, acquisition, development, economic or public-private body involved in the future development of authorities, government agency or private partner and public-private partner; (17) "Public-Private Partnership Board" means public-private partnership through notified body; (18) "Development Activities" means this Act under Board performed development activities; (19) "State" means Andhra Pradesh State.

1. (1) The Government may, by notification, constitute a board to be called the Andhra Pradesh Economic Development Board. (2) The Board constituted under sub-section (1) shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to enter into contracts and to sue and be sued by the said name and with power to perform all such acts and things as may be necessary for carrying out the purposes of this Act.

The jurisdiction of the Board shall extend throughout the State. It shall have offices/establishments in Andhra Pradesh state and in different parts of the country. These offices/establishments shall not interfere with the Central Government/State Government procedures.

The Andhra Pradesh Economic Development Board shall consist of the following members: (a) State Chairperson - Chairperson (b) Board and Planning Finance Secretary - Vice-Chairperson (c) Industrial Infrastructure Vice-Chairperson as Board notified any partner - Director (d) Projects Finance Secretary - Director (e) Corporate Body and Local Development Finance Secretary - Director (f) External and Youth Affairs Finance Secretary - Director (g) Sports, Welfare Finance Secretary - Director (h) Registration and Infrastructure Finance Secretary - Director (i) Law and Order Finance Secretary - Director (j) Economic Syndicate and Public Finance Secretary - Director (k) Public-Private Partnership Project Secretary - Director (m) Planning Finance Secretary-Public Service Commission/Public-Private Partnership/Secretary - Director (m) Board Finance General Public-Private Partnership/Secretary/Secretary - Director (m) Projects Finance General Public-Private Partnership/Secretary/Secretary - Director (z) Local Body and Local Development Finance Secretary - Public-Private Partnership/Secretary/Secretary - Director (p) Sports, Welfare Secretary - Public-Private Partnership/Secretary/Secretary - Director (q) Registration and Infrastructure Secretary - Public-Private Partnership/Secretary/Secretary - Director (r) Law and Order Finance Secretary - Public-Private Partnership/Secretary/Secretary - Director (s) Economic Syndicate, Minerals and Public Finance Secretary - Public-Private Partnership Secretary - Director (t) Public-Private Partnership Secretary, Haryana - Director (u) Board's Chief Executive Officer - Member Secretary (v) Any other secretary/public partner board as the Government may notify.

1. (1) The Board shall meet at least once in two months in the manner specified in the regulations and in such place as it may deem fit. (2) The Board Chairperson may convene extraordinary meetings for the Board. (3) The secretary of the administrative department shall be a permanent invitee in the Board meetings.

The Board Chairperson may constitute a Competent Authority with the following members: (a) Projects, financial institutions, economic syndicate and public processes, infrastructure, industries, mineral resources, labour welfare, etc. and all such personnel listed in the departments; (b) Economic and social infrastructure development committees, public board personnel, project-specific personnel, governor's board, etc. and (c) State government, Andhra Pradesh government authorities, authority departments and personnel and other economic, social public process departments and bodies.

The jurisdiction of the Board shall extend to the whole of the State of Andhra Pradesh and to such areas outside the State as may be specified by the Government from time to time.

It shall be the duty of the Board to act in a manner that will best serve the purposes for which it is constituted under this Act and in accordance with the policies of the Government.

1. (1) The Board may undertake, at any time, such projects under Public Private Partnership models in the State, and through such parties as may possess the required expertise, as may be necessary, and may initiate the process of identification of such projects and call for proposals on any matter connected to the activities under this Act. (2) Each project initiated under sub-section (1) shall be executed as per the agreement entered into by the Government, and the Board shall be responsible for the implementation of the project in the manner so specified or as mandated. The Board may engage any person or entity in the execution of such project, but shall not be liable for the defaults of such person or entity. (3) The Board shall not be bound by any procedure or other matters connected therewith, as may be practiced in the Government departments.

The staff, powers and duties of the Board and the projects initiated by the Board shall be such as may be determined by the Government, and shall be subject to the conditions as may be imposed by the Government regarding the appointment of advisors, consultants or any other staff and their respective roles.

The Government may delegate any of its powers or functions, or the powers or functions of the Board, to any authority or officer as it deems fit.

No suit, prosecution or other legal proceedings shall lie against the Board or any of its officers or employees for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.

The Board may exercise the following powers, namely:-(1) For the promotion of economic, social and infrastructure development:-(a) to promote economic and industrial development, to coordinate with various departments and to provide support for the realization of the goals; (b) to act as the primary nodal agency for the State, and to coordinate with national and international agencies, organizations, and financial institutions; (c) to ensure the sustainable and orderly development of all economic and infrastructure projects, and to provide assistance for the implementation of such projects; (d) to promote and facilitate the development of all economic and infrastructure projects, and to provide technical assistance and advice to the Government; (e) to provide for the protection of all intellectual property, and to assist in the development of skills; (f) to provide for the implementation of such other functions as may be assigned by the Government; (2) For the management and development of infrastructure, including:-(a) to ensure the sustainable and orderly development of infrastructure, and to provide support to the relevant departments and agencies for the implementation of projects; (b) to provide the necessary support for the development of economic and infrastructure projects, and to ensure the compliance of all legal and environmental requirements; (3) To maintain records, registers and other documents related to the projects and other relevant matters; (4) The Board may also:-(a) enter into contracts, agreements and memoranda of understanding; (b) own, lease, hold or dispose of any property; (5) The Board may also initiate any other measures or steps as may be necessary for the promotion of the economic development of the State.

1. (1) No suit, prosecution or other legal proceedings shall lie against any public servant, statutory authority or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations made thereunder. (2) No suit or other legal proceedings shall lie against the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (3) No suit shall lie against the Board for any consequence, for the extra expenses incurred, for any works done, for any damage caused, for any delay, for any negligence or for any other Acts in accordance with the provisions of this Act or any other Acts or any other law for the time being in force.

1. (1) The Board, any officer, staff-member, authorized staff-member, or any senior authorized officer, contractors and anyone authorized by the Board may enter upon any land, building or any place, and make entry with any workmen, or any persons, during the day or at any time, for such survey or examination, as may be required by the following persons: (a) anyone authorized by them, (b) the Board, or any of its associated officers, staff, officers or representatives, (c) any project development agency authorized by the Board or otherwise.

1. (1) The Board's authorized officer-staff, shall be appointed by the Board. (2) Board's authorized officer-staff's liabilities, work conditions and pay scales and responsibilities shall be as prescribed by the Board from time to time. (3) Board's authorized officer-staff's rights, shall be as specified in the regulations.

1. (1) The Board's senior authorized officer, shall be appointed by the Board. He may be taken from the public service or from the open market. (2) Senior authorized officer's liabilities, work conditions and pay scales and responsibilities, shall be as prescribed by the Board from time to time. (3) Senior authorized officer's rights, shall be as specified in the regulations.

Under the subordination of the Board, the senior authorized officer shall perform the following functions, namely: (a) administration and financial matters of the Board; (b) taking measures/proceedings to conduct official business and ensure the settlement of the liabilities of the Board; (c) planning and prioritizing the Board's objectives, schemes and developmental projects; (d) overseeing the activities of the Board to ensure the fulfillment of the Board's objectives along with the Board secretary's contributions; (e) overseeing all developmental activities and contributions of the Board; (m) performing all other financial and legal duties to ensure the fulfillment of the Board or the Board's objective/policy.

The Board shall possess a complete set of audit teams with chartered accountants, if necessary, to ensure the monitoring of the Board's financial transactions. The Board's audit teams shall be directly under the senior authorized officer.

1. (1) The Board, pursuant to this Act, may certify its accounts with audit officers and with the courts, with such documents for the fulfillment of the objects specified herein. (2) (In accordance with the same procedures) the senior authorized officer, with the Board's objective, shall certify the accounts, ensuring the rights held by the individuals, descriptions and all financial records and documents that have been maintained for the settlement of the Board's liabilities or accounts of the Board to the authorities, as may be required in this manner. (3) The Board's audit officers may be appointed pursuant to the open market or public service through a selection process. (4) All financial records, documents, pay scales and responsibilities appointed pursuant to this regulation shall be as specified in the matter. (5) The Board's senior authorized officer, Board's officers, shall ensure the financial and developmental administration and audit matters. (6) The audit officer shall not hold the right to collect any such settlements from the Board's accounts and shall be appointed by the pay scales for all financial matters performed in this matter. (7) The senior authorized officer may be appointed through a public selection process for the Board's objective through a special agreement or otherwise.

1. (1) Each financial year, the Board, shall prepare and present a budget to the State government for the receipt and expenditures for the next financial year, prepared in accordance with this Act and as per the rules and regulations. (2) The Board shall ensure that necessary requirements for the State government's approval are maintained in the records, and in accordance with the prior approval of the competent authority. (3) The Board, shall maintain its receipts and expenditures separately through various channels and shall make no unauthorized expenditure of all its receipts. (4) The Board, shall not require any budget from the government for its establishment, rules and regulations' expenses, expenditure and for the development of its activities, as well as the other expenses associated with its financial activities. (5) The Board's expenditure, shall be sanctioned through the financial matters performed by the Board.

1. (1) The Board, shall prepare for such accounts for all real assets and other associated assets, as may be required in the financial matters. (2) The Board shall conduct an annual auditor general audit of its accounts in the financial year. (3) The Board shall not deposit any accounts with any person or entity along with the assets. Such accounts shall be deposited to the Board through financial matters. (4) The government, through its competent authority, may issue an order, if any discrepancies occur in the audit, that such discrepancies be settled in a time-bound manner, and the Board shall comply with such orders. (5) The audit accounts shall be kept in the state treasury. (6) The audit accounts shall be submitted to the Board's management for the annual audit of the state government authorities.

The Board in each financial year, for the financial years, shall know the complete accounts pertaining to its assets and shall submit its audit report to the government through the competent authority after the end of each financial year.

Board authorities, officers and employees shall be deemed as public servants within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860).

1. (1) No civil court or other authority shall have any jurisdiction to entertain or decide any suit or proceeding in respect of matters which the Board or any officer or person or body is empowered by or under this Act to take action. (2) No person or authority shall have any jurisdiction with respect to any suit or proceeding initiated under this Act or in respect of any action taken or intended to be taken by the Board or any Board officer or body in accordance with this Act or its rules.

The Board may make regulations in accordance with the provisions of this Act to carry out the provisions of this Act: Provided that, the Board with the prior approval of the government, may make regulations.

If any difficulty arises in giving effect to the provisions of this Act, the government may, by order, remove such difficulty as may be found consistent with the provisions of this Act.