(1) The Board may make regulations not inconsistent with provisions of this Act for enabling it to discharge its functions under this Act.
(2) In particular and without prejudice to the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the time and the place at which the Board shall meet and rules of procedure, the Board shall observe in regard to transaction of its business at its meeting under section 8 ;
(b) the committees which the Board may constitute, the number of members which the Executive Committee and other Committees may consist of and the functions of the Board which they may perform under section 10;
(c) the powers of the Chairperson, Chief Executive Officer and Committees of the Board under section 11;
(d) the mode of recruitment, salary and allowances and other conditions of service of officers and other employees of the Board under sub-section (2) of section 12 ;
(e) the manner of disinvestment of assets of any Government agency under section 14;
(f) to regulate competitive bidding under section 16;
(g) to decide the manner in which an identified project is to be developed for private sector participation under section 17 ;
(h) the procedure for dealing with risks associated with various infrastructure projects under section 18;
14 THE HIMACHAL PRADESH INFRASTRUCTURE DEVELOMENT ACT, 2001
(i) the manner of competitive bidding or other methods to be followed under section 20;
(j) fee to be charged under section 21;
(k) the form and manner in which the accounts of the Board shall be prepared and maintained under sub-section (1) of section 26;
(l) the form in which an annual statement of accounts of the Board shall be prepared under sub-section (2) of section 26;
and
(m) the form in which and the time at which an annual report of the Board shall be prepared under sub-section (1) of section
27.
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SCHEDULE-I [See section 1 (3)] INFRASTRUCTURE PROJECTS
1. State Highways including Roads, Bridges, Bye passes and related Road Infrastructure.
2. Inland Waterways.
3. Power including Power Generation, Transmission and Distribution System project.
4. Water projects including dams, water storage, water supply and sewerage system projects.
5. Gas pipelines or related facilities.
6. Urban Infrastructure including shopping and commercial complexes, parking lots, solid waste management and transportation facilities etc.
7. Tourism project including resorts, adventure and winter sports facilities, cable cares and ski lifts and entertainment complexes etc.
8. Industrial estates, industrial areas, parks including development of parks offering facilities to projects like information technology and biotechnology etc.
9. Satellite townships offering general purpose real estate or specifically focussed on provision of education, health, resort or entertainment facilities.
10. Any other infrastructure projects, notified by the State Government.
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SCHEDULE-II [See sections 2 (c) and 15 (a)] NATURE OF CONCESSION AGREEMENT OR ARRANGEMENT The following concession agreement or arrangement with 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, construct, 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 Agreement 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 and to charge user charges therefor.
4. Rehabilitate/Operate and Transfer Agreement or Arrangement.- An agreement or arrangement whereby an existing project 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 a 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 16 THE HIMACHAL PRADESH INFRASTRUCTURE DEVELOMENT ACT, 2001 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 to the State Government or the Government agency.
7. Service Contract Agreement or Arrangement.- An agreement or arrangement whereby a developer undertakes to provide services to the State Government or a Government agency for the specified period. The State Government or Government Agency shall pay him an amount in accordance with the agreement or arrangement.