The Andhra Pradesh Infrastructure (Transparency through Judicial Preview) Act 2019.

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THE ANDHRA PRADESH INFRASTRUCTURE (TRANSPARENCY 
THROUGH JUDICIAL PREVIEW)  ACT, 2019. 
 
(ACT No. 34 OF 2019) 
 
ARRANGEMENT OF SECTIONS 
 
 
 CHAPTER I 
PRELIMINARY 
 
 Sections  
 
 
1.  Short title, extent, commencement and application 
2.  Definitions  
 
CHAPTER II 
CONSTITUTION OF JUDICIAL PREVIEW 
3. Constitution of Judicial Preview 
4. Terms of engagement of Hon’ble members and staff 
5. Functions of Judicial Preview Committee 
 
CHAPTER III 
TECHNICAL OR OTHER COMMITTEES  
 
6. Technical or other committees 
 
CHAPTER IV 
RECOMMENDATIONS 
7. Recommendations by the Hon’ble Judge 
 
CHAPTER V 
MISCELLANEOUS 
8. Control by Government 
9. Protection of Action Taken in Good Faith 
10. Members and staff of Judicial Preview to be Public Servants 
11. Power to Remove Difficulties 
12. Delegation of Powers 
13. Act to override other State Laws 
14. Power to make regulations 
15. Schedule amendment 
16. Power to Make Rules 
 
SCHEDULE 
 (see section 2 (26)) 
SECTORS 
Sectors enumerated below including PPP Projects  
  
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THE ANDHRA PRADESH INFRASTRUCTURE (TRANSPARENCY 
THROUGH JUDICIAL PREVIEW)  ACT, 2019. 
 
(ACT No. 34 OF 2019) 
   
[14th August, 2019] 
AN ACT  TO  BRING TRANSPARENCY IN THE INFRASTRUCTURE 
BIDDING PROCESS IN THE STATE  THROUGH JUDICIAL PREVIEW 
THEREBY TO ENSURE OPTIMUM UTILIZATION OF PUBLIC 
RESOURCES AND FOR MATTERS CONNECTED THEREWITH AND 
INCIDENTAL THERETO.   
Be it enacted by the Legislature  of the State of Andhra Pradesh in 
the Seventieth year of a Republic of India, as follows: 
 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent, commencement and application - (1) This Act 
may be called the Andhra Pradesh Infrastructure (Transparency through 
Judicial Preview) Act 2019.  
 
 (2)  It extends to the whole of the State of Andhra Pradesh.  
 
(3) It shall come into force on such date as the Governmen t may, 
by notification, appoint. 
 
 (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. 
 
2.  Definitions -  In this Act, unless the context otherwise requires,- 
 
 
(1) “Act” means the An dhra Pradesh Infrastructure (Transparency 
through Judicial Preview) Act 2019; 
 
(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 A ndhra Pradesh and  Public 
Private Partnership: 
 
 
(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) “Company” means any entity incorporated by memorandum of 
association under the Co mpanies Act, 1956 (C entral 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) “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 
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rehabilitate any Infrastructure Project comprising of physical 
structures or systems or commodities or for utiliza tion of 
resources or provision of services; 
 
(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) “Government” means the Government of Andhra Pradesh; 
 
(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) “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) “Hon’ble Judge”  means person who is or has been Hon’ble 
Judge of the High Court; 
 
(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) “Infrastructure Project ” means a ny 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 Venture s (JV), Special Purpose Vehicle  
(SPV) of the Gove rnment of Andhra Pradesh and Public Private 
Partnership (PPP):  
 
(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) “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) “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)  “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; 
 
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(17) “Local Laws”  means laws other than central laws and 
applicable to the State; 
 
(18) “Notification” means a notification published in the Andhra 
Pradesh Gazette and the word “notified” shall be construed 
accordingly; 
 
(19) “Person” shall include any company or association or body of 
individuals, whether incorporated or not; 
 
(20) “Prioritised Project” means any Project, which is notified by the 
Government as a prioritised project under the Act; 
 
(21) “Prescribed” means Prescribed by rules or Regulations made 
under this Act; 
 
(22) “Public Private Partnership”  means Investment by Private 
Sector Partic ipant in an Infrastructure Project of the 
Government Agency or the Local Authority in the State; 
 
(23) “Regulations” means regulations made under this Act; 
 
(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)  “Schedule” means a Schedule appended to the Act.  
 
(26) “Sectors” means sectors as notified under Schedule of the Act 
and as may be notified from time to time by the Government; 
 
(27) “State” means the State of Andhra Pradesh; 
 
(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) “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 Infras tructure 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) “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 Investm ent and includes 
toll, fee, charge or benefit by any name. 
 
 
  
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CHAPTER-II 
CONSTITUTION OF JUDICIAL PREVIEW 
 
3. Constitution of Judicial Preview - The Government may,  by 
notification shall,-  
 
(i) Provide for undertaking Judicial preview, prior to inviting 
tenders, by a person who is or has been Hon’ble Judge of High 
Court, for all infrastructure projects including Public Private 
Partnership (PPP) projects  of the value  of Rupees 100 Crore 
and above to ensure conformity in pro cedure, rules and 
guidelines prescribed by State and Central Governments from 
time to time. 
 
(ii) Provide  the Terms of Reference for the Judicial Preview and 
also specify the guidelines, rules as applicable from time to 
time, in the conduct of such preview. 
 
4. Terms of engagement of Hon’ble members and staff  - (1) The 
Government shall provide necessary staff to the Hon’ble Judge as 
required to discharge his functions.  The terms and conditions of 
engagement of the Hon’ble Judge shall be as prescribed from time to 
time.  
 
 (2) The Government may provide relevant experts to the Hon’ble 
Judge as per empanelled list and the Honorarium and allowances  of 
such experts, shall be as prescribed from time to time.  
 
(3) In case the Hon’ble Judge so desires the assistance of persons 
of eminence, they may be engaged on case to case basis. 
 
5. Functions of Judicial Preview Committee - (1) The Government 
Agency or the Local Authority shall place before the Hon’ble Judge, al l 
the tender related documents with regard to the  Infrastructure Projects 
of value of Rupees 100 crores and above.  
 
 (2) The Hon’ble Judge may, suggest suitable modifications 
essential to achieve the object of transparency to secure competition and 
equal opportunity.  
 
(3) For the purpose of identification of an infrastructure project of 
value Rupees 100 crore and above; any part so segregated or divided or 
tendered separately which form part of the original work shall deemed to 
be an integral part of such infrastructure project, necessitating preview.  
 
CHAPTER-III 
                               TECHNICAL OR OTHER COMMITTEES 
 
6. Technical or other committees - The Government may, from 
time to time constitute such committees or Technical committees 
consisting of such members for performing such of its functions as may 
be provided for under regulations, if required for assistance to the 
Hon’ble Judge. 
 
CHAPTER-IV 
RECOMMENDATIONS 
 
7.      Recommendations by the Hon’ble Judge - (1) The Hon’ble Judge 
shall place the tender related documents referred to for Judicial Preview 
by the concerned Government Agency or the Local Authority, in public 
domain for a week and invite suggestions.  
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 (2) Within 8 days of such  publication, the tender document (s)  
shall be p reviewed. After due discussion with the Government / Local 
Body and due examination , the Hon’ble Judge may suggest, such 
modifications as may be required, which will be binding on the 
Government.  
 
CHAPTER-V 
MISCELLANEOUS 
 
8. Control by Government - The Judicial Preview shall be done in 
exercise of powers and functions under the Act as prescribed in the rules 
notified from time to time by the Government for efficient administration 
and effective implementation of the Act. 
 
9.  Protection of Action Taken in Good Faith  - (1)No suit, claim   or   
other legal proceedings  shall  lie against   the Government or the staff or 
representatives of the Government in respect of anything which is in 
good faith done or intended to be done under the Act or any Rules or 
Regulations or orders made thereunder.  
 
 (2) It shall be open to Hon’ble Judge to devise any appropriate 
procedure or mechanism to deal with scurrilous or malicious  attempts 
to obstruct the process of preview, and thereafter. 
 
10.      Members and Staff of Judicial Preview to be Public Servants - 
The  Hon’ble Judge, Officer, person (s) employed for the Judicial Preview, 
provided for carrying out the objectives and purposes of this Act shall be 
deemed to be public servants within the meaning of Section 21 of the 
Indian Penal Code, 1860. (Central Act.No.45 of 1860). 
 
11.    Power to Remove Difficulties - (1) If any difficulty arises in giving 
effect to the provisions of the Act or the rules, regulations, scheme or 
orders made hereunder, the State Government within two years from the 
date of enactment of this Act, may by notification in the Official Gazette, 
make such provision, not inconsi stent with the provisions of this  Act, as 
may be necessary or expedient for removing the difficulty.  
 
         (2) All orders made under Sub -section (1) shall, as soon as may be 
after they are made, be placed on the table of the Legislature of the State 
and shall be subject to such modification by way of amendments  as the 
Legislature of the State may make either in the same session or in the 
next session.  
 
12.   Delegation of Power s - The Government may, by notification, 
direct that any power exercisable by the Government under the Act shall 
be exercisable by an officer of the Government, subject to such terms as 
may be specified in such notification. 
 
13.     Act to Override Other State Laws - (1) If any provision contained 
in this State Act is repugnant to any provision contained in the Central 
Act, the provision contained in the Central Act shall prevail and the 
provision contained in this State Act shall to th at extent of repugnancy, 
be void. 
  
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        (2)  The provisions of this Act are not derogatory to other 
enactments in force in State of A ndhra Pradesh, but are s upplementary 
to such enactments.   If any provision of this Act is repugnant to the 
provisions of any State enactments, the provision of this Act will prevail. 
 
       (3) From the date of commencement of this Act , the  Government / 
Local Authority s hall furnish the tender documents as specified for 
Judicial Preview . T hey shall also prepare  and provide a list of experts  
required for the purpose (s) of Judicial Preview, from time to time. 
 
       (4) The Government/Local Authority, shall assist the Judicial 
Preview in p lacing the documents in public domain and shall provide 
assistance to the Hon’ble Judge for quick and transparent disposal as 
envisaged in the Act. 
 
        (5)The entire exercise for each tender shall be completed within 15 
days. 
 
14. Power to make regulations - The Government may make 
regulations consistent with the provisions of this Act to carry out the 
purposes of this Act. 
 
           15.  Schedule amendment -     (1) The Government may, by notification, 
alter, add to or cancel any entries of the Schedule. 
 
       (2) Where a notification has been issued under sub -section(1) 
there shall, unless the notification is in the meantime rescinded, be 
introduced in the Legislature of the State, as soon as may be, but in any 
case during the next ses sion of the Legislature of the State following the 
date of the issue of the notification, a Bill on behalf of the Government, to 
give effect to the alteration, addition or cancellation, as the case may be, 
of the Schedule specified in the notification, and  the notification shall 
cease to have effect when such Bill becomes law, whether with or without 
modifications, but without prejudice to the validity of anything previously 
done thereunder: 
 
        Provided that if the notification under sub -section(1) is issued 
when the Legislature of the State is in session, such a Bill shall be 
introduced in the Legislature of the State during that session: 
 
   Provided further that where for any reason a Bill as aforesaid does 
not become law within six months from the date of its introduction in the 
Legislative Assembly, the notification shall cease to have effect on the 
expiration of the said period of six months. 
 
16. Power to Make Rules - (1) The Government may by notification 
make Rules   for carrying out all or any of the purposes of this Act. 
 
 (2) Every rule made under this Act shall be, immediately after it is 
made be laid before the Legislature of the State if it is in session, and if it 
is not in session, in the session immediately following for a total period of 
fourteen days which may be comprised in one session or in two 
successive sessions, and if, before the expiration of the session in which 
it  is so laid or the session immedia tely following the Legislature of the 
State agrees in making any modifications in the rule or in the annulment 
of the rule, the rule shall from the date on which the modification or the 
annulment is notified, have effect only in such modified form or shall  
stand annulled as the case may be, so however, that any such 
modification or annulment shall be without prejudice to the validity of 
anything previously done under the rule. 
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SCHEDULE 
 (see section 2 (26)) 
SECTORS 
Sectors enumerated below including PPP Projects  
1. Roads (State Highways, Major Districts Roads, Other District 
Roads & Village Roads), Bridges and Bypasses. 
 
2. Health. 
3. Land reclamation. 
4. Canals, Dams, Tanks, Reservoirs. 
5. Water supply, treatment and distribution. 
6. Waste management. 
7. Sewerage, drainage. 
8. Public Markets. 
9. Trade Fair, Convention, Exhibition and Cultural Centers. 
10. Public Buildings. 
11. Inland water transport. 
12. Gas and Gas works. 
13. Sports and recreation infrastructure, public gardens and parks. 
14. Real Estate. 
15. e-Governance Projects, IT Infrastructure. 
16. Urban Development through Joint development agreement and 
Joint Venture with Private Sector companies, consortium of 
companies. 
 
17. Telecommunication and Broadband Internet Services including 
provision of Fiber Grid, WiFi Services etc., 
 
18. Power-Generation, Transmission and Distribution including 
renewable (Solar & Wind) energy projects. 
 
19. Other Highways Projects including housing or other activities 
being an integral Part of the Highway Project. 
 
20. Transport Terminus and depots. 
21. Railway system including Urban transit Projects. 
22. Ports, Inland Ports. 
23. Airports including but not limited to logistic hubs and Free Trade 
Zones. 
 
24. Urban Development Projects including Smart City Projects. 
25.   Educational Institutions. 

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