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SCHOOL OF LAW AND GOVERNANCE

LAW 551 L T P C
Law Relating to Infrastructral Development
Version1.1 4 0 0 4
Pre-requisites//Exposure Indian Contract Act, 1872,
co-requisites Companies Act, 2013
Semester X
Programme B.A.LL.B.(H.) & B.Sc.LL.B.(H.)

Objectives of the course:

 To impart knowledge about importance of infrastructural development;


 To impart knowledge about laws relating to infrastructural development in India;
 To impart working knowledge about infrastructural laws in India;
 To impart knowledge about the latest legislative and judicial developments in the field of
infrastructural laws in India;

Teaching Learning Methodology:

Lecture Method
Problem Method
Case Study Method

Evaluation Scheme:

Continuous Assessment 30 Points


Attendance 5 Points
Mid-Term 15Points
End Term 50 Points

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Course Contents:

Module 1: Regulatory Laws in specific Infrastructure sectors in India-


 Meaning and development of the concept ‘Regulatory Laws’;
 Meaning and development of the concept ‘Laws relating to infrastructural development’;
 Importance of different Infrastructure sectors in India.

Module 2: The Telecom Sector and its legal regulation:


 The Telecom Regulatory Authority of India Act, 1997
 Establishment and incorporation of Authority;
 Qualification for apointment of Chairperson and other members;
 Term of office, condition of service etc of chairperson and other members;
 Powers of Chairperson and Vice chairman;
 Removal ans suspension of member from office in certain circumstances;
 Powers and functions of the authority;
 Appellate Tribunal;
 The Register of Interconnect Agreement Regulations, 1999

Module 3: The Natural Gas Sector:


 The Petroleum and Natural Gas Regulatory Board Act, 2006;
 Establishment and incorporation of Petroleum and Natural Gas Regulatory Board;
 Qualifications for appointment of chairperson and other members;
 Term of office, condition of service etc of chairperson and other members;
 Powers of Chairperson and removal of chairperson and other members from office;
 Powers and functions of the Board;
 Registration and authorisation;
 Settlement of disputes;
 Offences and Punishment.

Module 4: Electricity Sector:


 The Electricity Act, 2003;
 National electricity policy and plan;
 Generation of Electricity;
 Licensing;
 Transmission of electricity;
 Distribution of electricity;
 Central Electricity Authority: constitutionand functions;

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 Regulatory comissions: constitution, powers and functions;
 Offences and penalties;

Module 5: Special Economic Zones:


 Special Economic Zones Act, 2005 and SEZ Rules, 2006;
 Special Economic Zones: Definition, Meaning and Features of SEZ;
 Various SEZs in India;
 ‘Domestic Tariff Area’, ‘Free Trade and Warehousing Zone’, ‘International Financial
Services Centre’, ‘Offshore Banking Unit’.
 Establishment of ‘Special Economic Zone;
 Constitution of Board of Approval,
 Development Commissioner;
 Single Windo Clearance;
 Special Fiscal Provisions for SEZs;
 Special Economic Zone Authority.

Module 6: Port Sector:


 The Major Port Trusts Act, 1963
 Board of Trustees and committees: constitution, Term of office, disqualification;
 Power of board to execute works and provide appliances;
 Imposition and recovery of rates at ports;
 Borrowing powers of board;
 Spervision and control of central government;
 Penalties.
 The Airport Economic Regulatory Authority Act, 2008

Module 7: The Roads sector:


 The National Highways Act, 1956;
 The National Highways Authority of India Act, 1988
 Constitution of the Authority;
 Term of office and conditions of service of members;
 Disqualifications for appointment as member;
 Eligibility of member for reappointment;
 Meetings;
 Appointment of officers, consultants and other employees of the Authority;
 Power of the Central Government to vest or entrust any national highway in the
Authority;
 Transfer of assets and liabilities of the Central Government to the Authority;

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 Compulsory acquisition of land for the Authority;
 Functions of the Authority.

Module 8: Relevant Judicial Decissions [which will be discussed in the class].

Suggested Readings:

 Laws of Infrastructure Development in India; Dr Souvik Chatterji, YS Books


International;
 Infrastructure and Development in India: Interlinkages and Policy Issues;
Rajarshi Majumdar, Rawat Publication, 2008.
 The National Highways Act, 1956;
 The National Highways Authority of India Act, 1988
 The Major Port Trusts Act, 1963
 Special Economic Zones Act, 2005 and SEZ Rules, 2006;
 The Electricity Act, 2003;
 The Petroleum and Natural Gas Regulatory Board Act, 2006;
 The Telecom Regulatory Authority of India Act, 1997.
 Law Relating to Infrastructure Projects, Piyush Joshi, 2003, Lexis Nexis.

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