2.5. Whether the Project/Procurement Process Complies with Central/State/Local level Enactments Pertaining to the Sector?
| There are various Central, State and local level enactments/rules/regulations/guidelines/policies that apply to certain sectors. For example, the Major Ports Act, 1963, Indian Tolls Act, 1851, MSW Rules 2000 etc., are legal documents that apply to the development of PPP projects in specific sectors. |
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The public entity that is bidding out the PPP project needs to have the powers and authority prescribed under the applicable legislation. Unless the public entity has the legal standing to invite proposals for private sector participation, the entire procurement process could be challenged.
The table below indicates the sector specific authorities that have been constituted and the specific rules which govern these sectors.
| Sectors | List | Governing Body | Central Enactments |
| Highways | Union | National Highways Authority of India | • National Highways Authority of India Act, 1988. • Highway Act, 2002 |
| Railways | Union | Indian Railways, Railway Board | • The Railways (Local Authorities Taxation) Act, 1941 • The Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946 • The Railway Companies (Emergency Provisions) Act, 1951 • The Railway Protection Force Act, 1957 • The Railways (Employment of Members of the Armed Forces) Act, 1965 • The Railway Property (Unlawful Possession) Act, 1966 • The Railway Claims Tribunal Act, 1987 • The Railways Act, 1989 • Railway Protection Force (Amendment) Act, 2003 • Railways (Amendment) Act, 2005 • Railways (Amendment) Act, 2008 |
| Ports (Major) | Union | Port Trust of India | • Indian Ports Act, 1908 • Major Port Trusts Act, 1963 |
| Airports | Union | Airport Authority of India | • Aircraft Act, 1934 • The Airports Authority of India Act, 1994 |
| Water | State | Urban Local Bodies | • Irrigation Act, 1931 (English) • The Inter-State River Water Disputes Act, 1956 • Water (Prevention and Control of Pollution) Act, 1974 • Water (Prevention and Control of Pollution) Cess Act, 1977 • The Environment (Protection) Act, 1986 • Ground Water (Control and Regulation) Act, 2002 • Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 • Water Supplies (Control) Act, 2004 • Ground Water (Regulation and Control of Development and Management) Act, 2005 |
| Municipal Solid Waste | State | Urban Local Bodies | • Municipal Corporation Act, 1957 • The Environment (Protection) Act, 1986 • The Municipal Solid Waste (Management & Handling) Rules, 2000 • Municipalities Act, 2007 |
| Commercial | State | Urban Local Bodies | • Municipal Corporation Act, 1957 • Municipalities Act, 2007 • Land Revenue Act • Land Reforms Act • Stamp Duty Act • Urban Development Authorities Act • Town Planning Act |
| Power | Concurrent | Central Electricity Authority (CEA) | • The Electricity Act, 2003 |
| Telecom | Union | Telecom Regulatory Authority of India | • Indian Telegraph Act, 1885 • Indian Wireless Act, 1933 • Telecom Regulatory Authority of India (TRAI) Act, 1997 • Information Technology Act, 2000 • Telecom Regulatory Authority of India (Amendment) Act, 2000 • Communication Convergence Bill, 2001 • Indian Telegraph (Amendment ) Rules,2004 • Indian Telegraph (Amendment ) Rules,2007 • Indian Telegraph (Amendment ) Rules,2008 |
| Irrigation | State | Water Resources Department | • Indian Easements Act, 1882 • Irrigation Act, 1931 (English) • The Inter-State Water Disputes Act, 1956, • The River Boards Act, 1956 • Water (Prevention and Control of Pollution) Act, 1974 • Water (Prevention and Control of Pollution) Cess Act, 1977 • The Environment (Protection) Act, 1986 • Ground Water (Control and Regulation) Act, 2002 • Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 • Water Supplies (Control) Act, 2004 • Ground Water (Regulation and Control of Development and Management) Act, 2005 |
| Health | State | Department of Health & Family Welfare | • The Medical Termination of Pregnancy Act and Rules, 2003 • The Pre-Natal Diagnostic Techniques (PNDT) Act and Rules, 2002 • Acts in Disability • Insecticides Act, 1968 and Rules • Indian Medical Council Act, 1956 • Indian Dentists Act, 1948 • Maternity Benefit Act and Rules, 1961 • Narcotic Drugs and Psychotropic Substances Rules, 1985 • The Prevention of Food Adulteration Act, 1954 • Drugs and Cosmetics Act, 1940 • Bio-Medical Waste (Management and Handling) Rules, 1998 • The Pharmacy Act, 1948 • The Transplantation of Human Organs Act and Rules, 1994 • Environmental Acts and Rules • Consumer Protection Act and Medical Profession Mental Health Act, 1987 • Food Safety and Standards Regulations, 2011 • Homoeopathy Central Council Act, 1973 • National Institute of Pharmaceutical Education and Research Act, 1998 |
| Education | Concurrent | Education Department | • All India Council for Technical Education Act, 1987 Central Educational Institutions (Reservation in Admission) Act, 2006 • English and Foreign Languages University Act, 2006 • Rajiv Gandhi University Act, 2006 • All-India Institute of Medical Sciences and the • Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 • Indira Gandhi National Tribal University Act, 2007 • Rajiv Gandhi Institute of Petroleum Technology Act, 2007 • Indian Maritime University Act, 2008 • South Asian University Act, 2008 • Right to Education Act (RTE), 2009 • Central Universities Act, 2009 |