CHAPTER - I
PRELIMINARY

1. SHORT TITLE, EXTENT, SCOPE AND COMMENCEMENT:

(1) This Act may be called the Himachal Pradesh Infrastructure Development Act, 2001.

(2) It extends to the whole of the State of Himachal Pradesh.

(3) It shall apply to such Infrastructure Projects as are implemented by a Government agency through private sector partnership under the provision of this Act and fall in the category of infrastructure projects specified in Schedule-I and such other infrastructure projects as are notified by the State Government, by notification, from time to time.

(4) It shall be come into force on such date as the State Government may, by notification, in the Official Gazette, appoint.

2. DEFINITIONS:

In this Act, unless the context otherwise requires:

(a) "Act" means the Himachal Pradesh Infrastructure Development Act, 2001;

(b) "Board" means Himachal Pradesh Infrastructure Development Board established under section 3 of this Act;

(c) "Capital" means the capital for the time being raised or authorised for the purposes of the Board;

(d) "concession agreement or arrangement" means a contract of the nature specified in Schedule II between a developer and the Government or Government agency relating to any Infrastructure Project;

(e) "developer" means a person with whom a concession agreement or arrangement is entered into by the Government or Government agency;

(f) "escrow account" means a bank account in which cash is deposited or from which cash is withdrawn in such manner as specified in the concession agreement or arrangement;

(g) "Financial year" means the period in respect of which any annual accounts of the Board is laid before it, whether that period is a year or not;

(h) "Government or State Government" means the Government of Himachal Pradesh;

(i) "Government Agency" means a Government Department or a Corporation or a body owned or controlled by the Government or an authority established by or under any law and includes a local authority;

(j) "Infrastructure Project" means facilities and services provided by a project specified in Schedule-I;

(k) "Investment" means preliminary and preoperative expenses, capital expenditure, lease on land and equipment, interest during construction, administrative expenses, expenditure on acquisition of an existing infrastructure project owned by the State Government or Government agency, all operating and maintenance expenses including expenses incurred on recovery of user levies;

(l) "Local authority" means a Municipal Corporation, Municipal Council, Nagqr Panchayat, Zila Parishad, Pachayat Samiti and Gram Panchayat;

(m) "member" means a member of the Board including Chairman and Chief Executive Officer;

(n) "private sector participant" means any person other than Central Government or State Government or Government Agency or any joint venture between Central Government or State Government Departments or any Statutory Body or Authority or Local Authority or any Corporation or Company in which Central Government or State Government or Government Agency, Statutory Body or Authority or local body is holding not less than 51% paid-up share capital;

(o) "private sector participation" means investment by a private sector participant in an infrastructure project of the Government agency or the local authority in the State;

(p) "Project" means project specified in Schedule-I;

(q) "Regulations" means regulations made by the Board under this Act;

(r) "Schedule" means schedule appended to this Act;

(s) "Scheduled Bank" shall have the same meaning as assigned to it in clause (e) of section 2 of the Reserve Bank of India Act, 1934; (2 of 1934)

(t) "seal" means the common seal of the Board;

(u) "special purpose vehicle" means a guarantee given by the State of Government to any agency;

(v) "State Government guarantee" means a guarantee given by the State Government to any agency;

(w) "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 shall include toll, fee, charge or benefit by any name.

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