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

[14[th ]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 Government 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 Andhra 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 Andhra 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 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) “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 utilization 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 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) “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 Participant 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 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) “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.


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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 procedure, 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, all
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 previewed. 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 inconsistent 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 Powers -** 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 that 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 Andhra Pradesh, but are supplementary
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 shall furnish the tender documents as specified for
Judicial Preview. They 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 placing 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 session 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 immediately 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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