Project identification, prioritization and implementation.

The Kerala Infrastructure Investment Fund Act, 1999

Infrastructure199934 sections

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Statutory text

(1) On identifying or conceptualizing a project to be developed, managed and operated in the State, the Board, on its own accord or based on a study or survey caused to be conducted or based on inputs received from a third party, may seek the views of the public agency concerned thereon: Provided that if the public agency does not furnish its views within thirty days from the date of receipt of the said communication from the Board, it shall be deemed that the public agency has no view to offer.
(2) Any Government Department may also identify or conceptualize a project to be developed, managed and operated in the State and send the proposal thereafter to the Board for its recommendation. The Board shall scrutinize, evaluate and where more than one such proposal is received, prioritize the same.
(3) The Board, on receipt of the views of the public agency under sub-section (1) or proposal from any Government Department under sub-section (2), shall examine the project proposal with reference to the cost benefit analysis of the project including the socio-economic cost benefit and shall appraise the project proposal with sufficient details;
(4) Where the public agency or the Government Department has proposed a project through Public-Private Partnership, the Board shall further examine the project with reference to the following factors, namely:—
- (a) the cost effectiveness of implementation through public-private partnership with value for Money test, as may be specified in the scheme;
- (b) the possibility of specifying project performance parameters and measuring their outcomes;
- (c) the risk sharing with the participants;
- (d) the technological and managerial advantages due to participation;
- (e) the socio-economic factors which may affect investment by the participant;
- (f) compliance with regulatory norms.
(5) The Board, may cause a feasibility study of the proposed project and afer satisfying itself as to its feasibility, may recommend the same to the Government, indicating specifically as to whether it may be implemented through public sector mode or through public private partnership.
(6) The Board shall cause the details of projects recommended under sub-scction (5), to be publíshed on íts website and on such other websites, as may be specificd in the Scheme: Provided that the Board may, for rcasons to be recorded in writing, choose not to publish the details of a Project.
(7) On receipt of proposal for implementatíon of the Project under sub-section (5), the Government shall consíder the same and communicate its decision on the implementation of the Project including the mode of its implementation, to the Board.
(8) In respect of a Project decided by the Government to be implemented through publíc sector mode, the Board shall designate the publíc agency whích shall implement that Project, give direction for its implementatíon and monitor the progress of implementation.
(9) If the public agency does not commence the Project within three months from the date of receipt of such direction or expresses its inability to implement the Project, for any reason recorded in writing, the Board wíth the approval of the Govermment may re-examine the Project as in sub-sectíon (3) and make a fresh recommendation to the Government.
(10) In respect of Project decided by the Government to be implemented through Public-Private Partnership, the Board shall cause the sponsoring agency to publish the details of the proposed projects in such form and ín such manner, as may be specified in the Scheme, inviting objections and suggestions. The sponsoring agency shall, based on the objections and suggestions, if any, received, prepare and submit a report to the Board within such period, as may be specified in the Scheme.
(11) The Board, on receipt of the report from the sponsoring agency under sub-section (10), shall consider the project in consultation with the administrative department and after causing the detailed project study, if it considers necessary, finalize the scope and structure of the Project, either in its original form or with such modification, as it deems fit, also taking into account, the following aspects, namely:-
- (a) whether the Project needs any public financial support, and if so, the appropriate form of such support;
- (b) the tender criteria or variables relevant for evaluation of the tender; and
- (c) the appropriate concession agreement or a combination thereof, from out of those listed in Third Schedule.]

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