Municipal meetings and proceedings

Private sector participation agreement

§97B

Summary

1[97-B. (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in sections 7 and 8 :- (a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company firm, society, trust or anybody corporate or any institution, or government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost. (b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm or society, or trust, or body corporate, or institution, or government agency, or any agency in terms of a private sector participation agreement or jointly with any such agency. (2) Without prejudice to the generality of the foregoing provisions of this section such agreements include the following :- (a) Build-Own-Operate-Transfer agreement, (b) Build-Own-Operate-Maintain Agreement, (c) Build and Transfer Agreement, (d) Build-Lease-Transfer Agreement, (e) Build Transfer Operate Agreement, (f) Lease and Management Agreement, (g) Management Agreement, (h) Rehabilitate Operate-Transfer Agreement, (i) Rehabilitate-Own-Operate-Maintain Agreement, (j) Service Contract Agreement, and (k) Supply-Operate-Transfer Agreement. (3) In the discharge of its obligations for providing urban infrastructure and services in relation to water supply drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community center and other civic amenities and facilities and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest, - (a) discharge any of its obligations on its own; or (b) enter into any private sector participation agreement. ]

1[97-B. (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in sections 7 and 8 :- (a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company firm, society, trust or anybody corporate or any institution, or government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost. (b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm or society, or trust, or body corporate, or institution, or government agency, or any agency in terms of a private sector participation agreement or jointly with any such agency. (2) Without prejudice to the generality of the foregoing provisions of this section such agreements include the following :- (a) Build-Own-Operate-Transfer agreement, (b) Build-Own-Operate-Maintain Agreement, (c) Build and Transfer Agreement, (d) Build-Lease-Transfer Agreement, (e) Build Transfer Operate Agreement, (f) Lease and Management Agreement, (g) Management Agreement, (h) Rehabilitate Operate-Transfer Agreement, (i) Rehabilitate-Own-Operate-Maintain Agreement, (j) Service Contract Agreement, and (k) Supply-Operate-Transfer Agreement. (3) In the discharge of its obligations for providing urban infrastructure and services in relation to water supply drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community center and other civic amenities and facilities and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest, - (a) discharge any of its obligations on its own; or (b) enter into any private sector participation agreement. ]

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