Chapter I PRELIMINARY

1. (1) This Act may be called the Andhra Pradesh Infrastructure (Transparency through Judicial Preview) Act 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification, appoint.
4. (4) It shall apply to all Infrastructure Projects implemented in the Sectors enumerated in Schedule Appended to the Act and to such other sectors as may be notified by the Government under the Act from time to time.

In this Act, unless the context otherwise requires,-

1. (1) “Act” means the Andhra Pradesh Infrastructure (Transparency through Judicial Preview) Act 2019;
2. (2) “Bidder” means any entity including any Bidding Consortium, who has submitted a proposal to undertake an Infrastructure Project under Government Departments, Andhra Pradesh Public undertakings, Joint Ventures (JV), Special Purpose Vehicles (SPV) of Government of Andhra Pradesh and Public Private Partnership:
3. (3) “Bidding Consortium” means if the proposal for the Project is made jointly by more than one entity, then such group of entities shall be referred to as a Bidding Consortium;
4. (4) “Company” means any entity incorporated by memorandum of association under the Companies Act, 1956 (Central Act 1 of 1956) or incorporated under any other statute or deemed to be incorporated under the laws of India or the laws of any other country of the world;
5. (5) “Construction” means any construction, reconstruction, rehabilitation, improvement, expansion, addition, alteration and related works and activities including supply of any equipment, materials, labour and services related to build or rehabilitate any Infrastructure Project comprising of physical structures or systems or commodities or for utilization of resources or provision of services;
6. (6) “Developer” means any Private Sector Participant who has entered into a contract for the Infrastructure Project with the Government or Government Agency or Local Authority through Public Private Partnership method;
7. (7) “Government” means the Government of Andhra Pradesh;
8. (8) “Government Agency” means any department of the Government or any corporation, Agency, Society, Trust or body owned or controlled by the Government by reason of the Government holding not less than 51% of paid-up share capital in such corporation or body;
9. (9) “Government Company” means any company in which not less than fifty-one per cent of the paid-up share capital is held by the Andhra Pradesh Government, or partly by the Andhra Pradesh Government and includes a company which is a subsidiary of a Government company as defined;
10. (10) “Hon’ble Judge” means person who is or has been Hon’ble Judge of the High Court;
11. (11) “Infrastructure” means public works relating to infrastructure for utilizing the natural resources and providing services by either public works of physical structure or systems for facilities or commodities or utilization of resources or provision of services through any method viz, engineering procurement construction method, or rate contract procurement;
12. (12) “Infrastructure Project” means any Project requiring a investment of value Rupees 100 Crore and above as may be prescribed by the Government from time to time undertaken by Andhra Pradesh Government, Andhra Pradesh Public Undertakings, Joint Ventures (JV), Special Purpose Vehicle (SPV) of the Government of Andhra Pradesh and Public Private Partnership (PPP):
13. (13) “Investment” means preliminary and pre-operative expenses, capital expenditure, lease on land and equipment, interest during construction, administrative expenses, all operating and maintenance expenses including expenses incurred on recovery of User Levies;
14. (14) “Judicial preview” means a Preview mechanism constituted under Section 3 of this Act, by a person who has been or is a Hon’ble Judge of the High Court;
15. (15) “Lead Consortium Member” means in case of a Bidding consortium, that consortium member vested with the prime responsibility of developing a Project, holding not less than 26% equity stake in the Bidding Consortium and also holding the highest equity stake amongst all other consortium members;
16. (16) “Local Authority” means any Municipal Corporation or Municipal Council or any Panchayat or any other statutory body formed, elected or appointed for local self-Government;
17. (17) “Local Laws” means laws other than central laws and applicable to the State;
18. (18) “Notification” means a notification published in the Andhra Pradesh Gazette and the word “notified” shall be construed accordingly;
19. (19) “Person” shall include any company or association or body of individuals, whether incorporated or not;
20. (20) “Prioritised Project” means any Project, which is notified by the Government as a prioritised project under the Act;
21. (21) “Prescribed” means Prescribed by rules or Regulations made under this Act;
22. (22) “Public Private Partnership” means Investment by Private Sector Participant in an Infrastructure Project of the Government Agency or the Local Authority in the State;
23. (23) “Regulations” means regulations made under this Act;
24. (24) “Responsive Bid” means a bid from an eligible Bidder which complies with all the requirements prescribed by the tender documents or other documents as the case may be;
25. (25) “Schedule” means a Schedule appended to the Act.
26. (26) “Sectors” means sectors as notified under Schedule of the Act and as may be notified from time to time by the Government;
27. (27) “State” means the State of Andhra Pradesh;
28. (28) “State Support” means grant by the State of any administrative support, asset based support, foregoing revenue benefits support, undertaking contingent liabilities by providing guarantees or financial support to the Developer in Public Private Partnership projects;
29. (29) “Unsolicited or Suo-Motu Proposal” means a proposal in respect of a Project not already initiated by the Government or Government Agency or Local Authority and which proposal is submitted by any Private Sector Participant to the Government Agency or Local Authority in respect of any Infrastructure in the State supported by project specifications, technical, commercial and financial viability and prima facie evidence of the financial and technical ability of such Private Sector Participant to undertake such Project with full details of composition of the Private Sector Participant and his financial and business background;
30. (30) “User Levies” means the right or authority granted to the Developer by the Government Agency or the Local Authority to recover Investment and fair return on Investment and includes toll, fee, charge or benefit by any name.