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GUJARAT ACT NO.11 OF 1999

AN ACT

to provide for a framework for participation by persons other than the State Government and Government agencies in financing, construction, maintenance and operation of infrastructure projects and for that purpose to establish the Board and to provide for the matters connected therewith.

It is hereby enacted in the fiftieth Year of the Republic of India, as follows :-

CHAPTER 1

PRELIMINARY

  • Short title, extent and commencement.-
    (1) This Act may be called as Gujarat Infrastructure Development Act,1999.
    (2) It extends to the whole of the State of Gujarat
    (3) It shall be deemed to have come into force on 28th April,1999.
  • Definition.- In this Act, unless the context otherwise requires.-
    • "Board" means the Gujarat Infrastructure Development Board established
      under section 16.
    • "concession agreement" means a contract of the nature specified in the Schedule II between a developer and the State Government, a Government agency or a specified Government agency, relating to a project.
    • "developer" means a person with whom concession agreement is entered into by the State Government, the Government agency or the specified
      Government agency,
    • "escrow account" means a bank account in which cash is deposited or from which cash is withdrawn in such manner as specified in the concession agreement.
    • "Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law and includes a local authority.
    • "Infrastructure" means facilities and services provided by a project.
    • "local authority" means a municipal corporation, nagar panchayat, municipal
      council, notified area committee, district panchayat, taluka panchayat,
      village panchayat or such other body.
    • "member" means a member of the Board including Chairman, Vice-Chairman and Member-Secretary.
    • "prescribed" means prescribed by rules made under this Ordinance.
    • "project" means a project specified in Schedule 1
    • "regulations" means regulations made under section 35,
    • "rules" means rules made under section 34
    • "senior loan" means a loan in respect of which a claim on assets is prior to the claim on the assets in respect of other loan and which is specified as such in an agreement providing finance.
    • "specified Government agency" means an agency consisting of the State Government and a Government agency participating jointly, Guj.XXII of (o) "State Government guarantee" means a guarantee given by the 1963 State Government to a developer consistent with the provisions of the Gujarat State Guarantees Act, 1963.
    • "subordinate loan" means a loan in respect of which a claim on assets is subsequent to the claim on the assets in respect of another loan and which is specified as such in an agreement providing finance.
    • "subsidy" means financial assistance in cash or kind provided by the State Government, the Government agency or the specified Government agency.
    • "user charges" means amount charged under section 11.