(1) The Government may, by notification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively.
(2) Every notification under sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the notification or decides that the notification should not be issued, the notification, shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
22. Repeal and saving— (1) The Kerala Infrastructure Investment Fund Ordinance, 1999 (5 of 1999), is hereby repealed.
(2) Notwithstanding such repeal anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
*FIRST SCHEDULE **[See Sections 2(ac), 2(ae), 3(6), 6A(k), 6A(o), 6F(4)(a), 6F(6), 6F(10)] MATTER FOR WHICH PROVISIONS MAY BE MADE IN THE SCHEME
1. Eligibility of undertakings for assistance
2. The purposes for which the assistance may be given
3. Modes of assistance
4. Interest and penal charges
5. Security for the assistance
6. Appraisal and sanction procedure
7. Disbursement procedure
8. Guidelines for memorandum of understanding/performance contract
9. Recovery procedure
10. Monitoring system
11. Investment of surplus funds
12. Board meetings, *# fees and allowances to members of the Board
13. The method of keeping accounts shall be kept, the preparation of the budget, the audit of accounts and the submission of reports to the Government.
14. The procedure for defraying the expenditure incurred in the administration of the fund *@15. Other information with respect to which a detailed study of the project may be conducted after the decision for preliminary investment.
16. Other information with respect to which feasibility study may be conducted.
17. Other powers and functions of the Board.
* Vide Act 15 of 2016 notification no. 15841/Leg. A1/2016/Law dated 05.11.2016, the word “Schedule” renamed as “First Schedule”.
** Inserted vide Act 15 of 2016, notification no. 15841/Leg. A1/2016/Law dated 05.11.2016 *# Vide Act 15 of 2016 notification no. 15841/Leg. A1/2016/Law dated 05.11.2016, the word “quorum” omitted.
*@ Vide Act 15 of 2016 notification no. 15841/Leg. A1/2016/Law dated 05.11.2016, item 15 omitted and new items inserted.
18. Manner of investing surplus fund of the Board.
19. Value for Money Test.
20. The form and manner of publishing the details of proposed projects by the sponsoring agency, the period in which the report shall be prepared and submitted to the Board by the sponsoring agency in respect of the project.
21. Websites in which details of the project to be published.
*22. Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the scheme **SECOND SHEDULE [See section 2 (eb)] SECTORS
1. Agriculture Infrastructure.
2. Buildings.
3. Development of Minor Minerals.
4. Drinking and Industrial Water supply systems, Desalination Plants.
5. Education related Infrastructure.
6. Fisheries.
7. Gas and Gas Works.
8. Health Infrastructure.
9. Housing including Slum Development and Development of Satellite towns.
10. Industrial Estates including Industrial Parks and Special Economic zones.
11. Information and Communication Technology related Projects.
12. Inland Navigation and Inland Waterways.
13. Irrigation including Dams, Irrigation Structures, Canals.
14. Land Reclamation Projects.
15. Ports and Harbours.
16. Power Generation, Transmission and Distribution.
l 7. Roads, Bridges, including Rail over and under Bridges and By-passes.
18. Solid Waste Management.
19. Sports and Recreation Infrastructure.
20. Tourism and Hospitality Projects.
21. Transport projects including road, rail and air transport.
22. Urban Transportation System, Bus terminals, Multilevel parking facilities.
23. Waste Water, Sewerage treatment systems.
* Vide Act 15 of 2016 notification no. 15841/Leg. A1/2016/Law dated 05.11.2016, item 16 renumbered as item 22.
** Inserted vide Act 15 of 2016, notification no. 15841/Leg. A1/2016/Law dated 05.11.2016 THIRD SHEDULE [See section 6F(l l) (c)] NATURE OF CONCESSION AGREEMENTS l. Investment or Financing related Agreements
(i) Build-Operate-and-Transfer (BOT)- A contractual arrangement whereby the concessionaire undertakes the construction, including financing, of a given infrastructure facility, and the operation and maintenance thereof. The concessionaire operates the facility over a fixed term during which they are allowed to charge the users appropriate tolls, fees, rentals and charges as incorporated in the contract to enable the recovery of investment in the Project.
The concessionaire transfers the facility to the Government at the end of the fixed term that shall be specified in the Concession agreement.
(ii) Build-Own-and-Operate (BOO)- A contractual arrangement whereby the concessionaire is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the concessionaire is allowed to recover the total investment by collecting user levies from facility users. The ownership of the land will be vested with the Government. Under this mode, the concessionaire owns the assets of the facility and may choose to assign its operation and maintenance to a facility operator. The transfer of the facility to the Government is not envisaged in this structure; however, the Government may terminate its obligations after the specified time period.
(iii) Build-Own-Operate-Transfer (BOOT) - A contractual arrangement whereby the concessionaire is authorised to finance, construct, maintain and operate a Project and whereby such Project is to vest in the concessionaire for a specified period. During the operation period, the concessionaire will be permitted to charge user levies specified in the Concession agreement, to recover the investment made in the Project. The concessionaire is liable to transfer the Project to the Government after the expiry of the specified period of operation.
(iv) Build-Transfer-and-Operate (BTO)- A contractual arrangement whereby the Government contracts out an infrastructure facility to the concessionaire to construct the facility on a turn-key basis, assuming cost overruns, delays and specified performance risks. Once the facility is commissioned satisfactorily, the concessionaire is given the right to operate the facility and collect user levies specified in the Concession agreement. The title of the facilities always vests with the Government in this arrangement.
(v) Design-Build-Finance-Operate-Transfer (DBFOT).- A contractual arrangement whereby the concessionaire is bestowed with the responsibility of designing, building, financing and operating the facility before transferring the Project to the Government after the expiry of the specified period. The concessionaire operates the facility over a fixed term during which they are allowed to charge the users appropriate tolls, fees, rentals and charges as incorporated in the contract to enable the recovery of investment in the Project.
2. Operations and Maintenance related Agreements
(i) Management Agreement.- A contractual arrangement whereby the Government entrusts the operation and management of a Project to the concessionaire for the period specified in the agreement on payment of specified consideration. In such agreement, the Government may charge the user levies and collect the same either by itself or entrust the collection for consideration to any concessionaire who shall after collecting the user levies, pay the same to the Government.
(ii) Lease Management Agreement.- A contractual arrangement whereby the Government leases a Project owned by it to the concessionaire which is permitted to operate and maintain the Project for the period specified in the contract. The concessionaire is allowed to charge the users appropriate fees, rentals and charges as specified in the agreement to enable the recovery of investment in the Project.
(iii) Build-Lease-and-Transfer (BLT). - A contractual arrangement whereby the concessionaire undertakes to finance and construct the Project and on its completion bands it over to the Government, The Government then gives the facility to the same operator on a lease arrangement for a fixed period, after which ownership of the facility is automatically transferred to the Government.
(iv) Rehabilitate-Operate-and-Transfer (ROT).- A contractual arrangement whereby an existing facility is handed over to the concessionaire to invest, refurbish, operate and maintain for a period, at the expiry of which the facility is returned to the Government. The concessionaire operates the facility over a fixed term during which they are allowed to charge the users appropriate fees, rentals and charges, as specified in the contract to enable the recovery of investment in the Project.
(v) Rehabilitate-Own-and-Operate (ROO).-A contractual arrangement whereby an existing facility is handed over to the concessionaire to invest, refurbish, operate and maintain the development facility from which the concessionaire is allowed to recover the total investment by collecting user levies from facility users. The ownership of the land shall be vested with the Government. The transfer of the facility to the Government is not envisaged in this arrangement; however, the Government may terminate its obligations after a specified time period.