SCHEDULE
- II
(See sections 2 (c) and 15 (a))
NATURE
OF CONCESSION AGREEMENT OR ARRANGEMENT
The
following concession agreement or arrangement with their variations
and combinations may be arrived at by the Government Agency or the local
authority for undertaking Infrastructure project with private sector
participation.
1. Build Own-/Operate and Transfer Agreement or Arrangement. - An agreement
or arrangement whereby the developer undertakes to finance, construction,
maintain and operate a project and whereby such project is to vest in
the developer for a specified period. During the period of operation
of the project by developer, he may be permitted to charge user charges
as specified in an agreement or arrangement. The developer is required
to transfer the project to the State government or a Government agency
after the expiry of the period of operation.
2. Build
Own Operate and Maintain Agreement or Arrangement- An agreement or arrangement
whereby a Developer undertakes to finance, construct, operate and maintain
a project and whereby such project is to vest in developer for a specified
period. During the period of operation of the project, he may be permitted
to charge user charges as specified in the agreement or arrangement.
3. Lease
Management Agreements or Arrangement -- An agreement or arrangement
whereby the State Government or a Government agency leases a project
owned by the State Government or the Government agency to the person
who is permitted to operate and maintain the project for the period
specified in the agreement or arrangement user charges therefor.
4. Rehabilitate/Operate
and Transfer Agreement or Arrangement -- An agreement or arrangement
whereby an existing facility is vested in a person to renovate, operate
and maintain for the period specified in the agreement or arrangement
after the expiry of which the project is required to be transferred
to the State Government or Government agency. During the period of operation
of the project by the developer, he may be permitted to charge user
charges as specified in the agreement or arrangement.
5 Rehabilitate
Own Operate and Maintain Agreement or Arrangement - An agreement or
arrangement whereby an existing project is vested in a person to renovate,
operate and maintain. The developer shall be permitted to charge user
charges as specified in the agreement or arrangement
6 Management
Agreement or Arrangement - An agreement or arrangement whereby the State
Government or the Government agency entrusts the operation and management
of a project to a person for the period specified in the agreement or
arrangement on payment of specified consideration. In such agreement,
the State Government or the Government agency concerned may charge user
charges and collect the same either itself or entrust the collection
for consideration to any person who shall after collecting the user
charges pay the same tot eh State Government or Government agency.
7 Service
Contract Agreement or Arrangement - An agreement or arrangement whereby
a developer undertakes to provide services to the State Government or
government agency for the specified period. The State Government or
Government agency shall pay him an amount in accordance with the agreement
or arrangement..
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