⁴⁵[Infrastructure facility under clause (d) of the Explanation to clause (viii) of sub-section (1) of section 36.*

6ABAA. The conditions to be fulfilled by a public facility to be eligible to be notified as an infrastructure facility⁴⁶ in accordance with the provisions of clause (d) of the Explanation to clause (viii) of sub-section (1) of section 36 shall be the following, namely :

          (a)  it is owned by a company registered in India or by a consortium of such companies or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act;

          (b)  it has entered into an agreement with the Central Government or a State Government or a local authority or any other statutory body for (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining a new infrastructure facility similar in nature to an infrastructure facility referred to in the Explanation to clause (i) of sub-section (4) of section 80-IA;

          (c)  it has started or starts operating and maintaining such infrastructure facility on or after the 1st day of April, 1995.]