This document provides an overview of infrastructure laws in India. It discusses key infrastructure sectors such as power, airports, roads, water, railways, ports, oil and gas, and telecom. It outlines the legal frameworks and policies governing these sectors, and highlights aspects such as the role of private participation, permitted foreign investment levels, and available fiscal incentives. The goal of infrastructure development in India is to achieve consistent economic growth and attain economic success by building out critical infrastructure foundations.

1. Introduction
to
Infrastructure
Law
ARUN VERMA ©

2. You and I come by road
or rail, but economists
travel on infrastructure.
MARGARET THATCHER

3. There is a huge need and a huge
opportunity to get everyone in the world
connected, to give everyone a voice and
to help transform society for the future.
The scale of the technology and
infrastructure that must be built is
unprecedented, and we believe this is the
most important problem we can focus on.
MARK ZUCKERBERG

4. Infrastructure Laws in India
• Infrastructure is the foundation on which the fort of economic success is
built.
• It is like mother to any economy which not only ensures the evolution of
it but also ensures consistency in its growth.
• India, is trying to attain "economic nirvana" through consistent focus on
Infrastructure growth.
• India is posed to embark on new journey of economic liberalization and
revolutionary growth.
• The back-bone of economic development, i.e. Infrastructure, has been
put in to focus and the aggressiveness of Government to attain the best
of it is evident from its committed efforts in this direction. Attribution of
exclusive position in the list of top economies of the world in recently
published "Goldman Sachs Report: Dreaming with BRICs’: The path to
2050", the expectations and aspirations both are touching new high in
India.

5. Infrastructure Laws in India
• The infrastructure sector in India has witnessed major reforms brought
forth with the aim of achieving planned and consistent economic
development.
• There has been a gradual shift from a controlled to an open market
economy where private players including foreign investors have assumed
an imminent role.
• The infrastructure sector, consisting of various sectors, is governed by
specific Statutes for these sectors. These Statutes clearly provide the modes
and means of private participation.
• Generally private participation is allowed through grant of licenses to the
private developer or through contractual relationship. The scope and extent
of private participation is determined by the concerned State Government
and can be of varying degrees for instance on a Build Own and Operate
(BOO) or Build Operate and Transfer (BOT) or Build Lease and Transfer (BLT)
basis, to name a few of popular modes.

6. The legal framework within which the infrastructure sectors operate has been illustrated, in
brief, hereunder:
Power
• India has taken radical steps toward restructuring its Power Sector.
• The entire legal framework governing this sector has changed with the passing of the
Electricity Act, 2003 on June 10, 2003.
• The new Act replaced the prevailing legislation namely, the Indian Electricity Act, 1910,
Electricity (Supply) Act, 1948, and Electricity Regulatory Commission Act, 1998.
• The Act has laid a foundation for rapid development of the electricity industry, promotes
competition, fewer regulatory approvals, uniform licensing for undertaking electricity
distribution, transmission, and trading, rationalization of electricity tariff, transparent
policies regarding subsidies and provides a statutory basis for the restructuring of State
Electricity Boards.

7. • Private participation has been allowed in Generating Companies and Captive Generating Plants
without any license.
• However, activities about transmission, distribution, and trading of electrical energy are allowed
subject to obtaining a license from the appropriate Electricity Regulatory Commission (ERC). The
License could be procured subject to fulfillment of certain terms and conditions and is valid for 25
years.
• The regulatory functions have been delegated to Central Electricity Regulatory Commission, State
Electricity Regulatory Commission, Joint Commission, and Appellate Tribunal constituted under the
Act. There are also monitoring agencies and agencies for governing operational aspects of the
electricity system.
• 100% Foreign Direct Investment (FDI) is permitted for hydroelectric power plants, coal/lignite-based
thermal power plants, and oil/gas-based thermal power plant projects.
• Fiscal incentives like a 100% tax holiday to new power projects in any block of 10 years within the
first 15 years of operations, tax exemption for interest/dividend, long-term capital gains,
concessional rates of import duties, and deemed export benefits are available.

8. Airports
• The Government’s Policy on Airport Infrastructure, 1997 contemplates the preparation of detailed
master plans for the development and up-gradation of all selected airports by the operating
agency in conformation with the standards and recommended practices of the International Civil
Aviation Organization.
• Greenfield Airports projects may be permitted in the public or private sector or as a joint venture
without the prior approval of the Government. However, in the case of other categories of airports
run by private operators, the approval of the Director-General of Civil Aviation (DGCA) is required.
• The policy recognizes the importance of private participation for the sustained development of
airport infrastructure. It seeks to achieve it by way of the corporatization of the airports to divest
the government holding in the future.
• The airports could be owned by the Central/State Governments, Public Sector Units, Urban Local
bodies, private companies, and individuals or through joint ventures.
• The management of airports or parts of airports could be on BOT, BOLT, BOO, LDO, joint venture,
management contract, or wrap-around addition basis.

9. • The establishment of private airports and leasing out of airports to private entities is
now permitted subject to prior approval of the Central Government.
• FDI in joint ventures relating to airport infrastructure is permitted up to 74% under
automatic route and up to 100% with prior approval. The equity participation could
also be made by foreign airport authorities.
• Airports are governed by the Airports Authority of India Act, 1994, the Aircraft Act,
1934, and the Aircraft Rules, 1937. The above legislations allow private participation
through the issuance of a license for an airport other than owned by the Central
Government and the formation of a joint venture with the Airports Authority of India.
• Fiscal incentives like 100% deduction in profits for the first 5 years followed by 30%
deduction for the next 5 years, full deduction to run for continuous ten out of twenty
fiscal years of the assessees choice, and deduction of 40% of the profit to financial
institutions from long-term financing of infrastructure projects is available.

10. Roads
• National Highways are governed by the National Highways Act 1956 and the
National Highways Authority of India Act, 1988. The functions relating to
development, maintenance and management of National Highways are carried out
by National Highways Authority of India.
• FDI up to 100% (with total foreign equity up to 1500 crore) is permitted in
construction and maintenance of roads, highways, toll roads, vehicular tunnels, rail
beds, non-vehicular bridges, non-vehicular tunnels, pipelines, ropeways and
runways.
• Fiscal incentives include duty free imports, 10 years of corporate tax holiday within
20 years of commissioning the project, exemption on profits of financing
institutions, exemption on long-term capital gains of investors, concession period
up to 30 years and toll rates indexed to wholesale Price Index.

11. Water
• The Government of India has massive plans to utilize its
providing less expensive, pollution free and relatively
of transportation.
• The National Water Policy, 2002 encourages private
planning, development and management of water
diverse uses, wherever feasible. With ambitious plan to
the Country, this sector offers major investment

12. Railways
• Railways are the principal mode of transport in India.
covered in the list of industries reserved for the Public
therefore not exempted from industrial licensing
• However, several railway components have been
railway sector has been allowed with sectoral caps. FDI
permitted for manufacture of railway containers used in
• FDI up to 74% is permitted in construction and
bridges and tunnels under automatic route.

13. Ports
• Both the Central and State Governments have taken several
private investment in this sector through open competitive
• Ports are governed by Major Ports Trusts Act, 1963 and
• FDI up to 100% is allowed.
• Tax holiday for first 5 years followed by 30% rebate on the
may be availed within 12 years of the commissioning of the

14. Oil and Natural Gas
• Natural gas is projected to be a critical component of India’s energy market in the
and production, Indian oil and gas fields are open to the private sector and for
prescribed limit under production sharing contracts.
• In refining sector 100% FDI is allowed under the automatic route in the private
• However, FDI up to 26% is permitted where the joint venture is with public sector
is permitted for petroleum products and pipeline sector.
• Fiscal incentives like corporate tax deductions and allowances, seven-year tax
expenses are allowed.
• Divestment of Government holding in the Oil Sector has further enhanced the

15. Besides, the above-mentioned key infrastructure sectors, Telecom has also been
accorded the status of infrastructure by the Government of India.
• The New Telecom Policy of the Government has brought a revolution in the telecom
• The reforms backed by a large statistics of projects go on to confirm that
in India.
• A phenomenal growth has been projected making it an opportune time to invest in
process of economic liberalization has entered into third and most critical phase.
• There could hardly be scope for doubt, when the world has started swearing by the
• The Leader is laying foundation; everybody eligible is cordially invited to join. The
evolving itself, this time economically; undeterred faith shall be rewarded, this time
nirvana".