Infrastructure Sectors [See section 2 (15)]

1. Information Technology related infrastructure47. 2. Transportation – Roads, bridges, road transport and related areas, for the benefit of public including agricultural community. 3. Urban/Rural infrastructure including48,- a) water supply and sewerage; b) sewerage and waste water drainage, disposal and treatment; c) internal roads, streets and street lightning; d) solid waste management; e) parks and grounds; f) urban mass transit system; g) public parking related facilities/ multilevel parking; and h) sports and recreational infrastructure 12. Omitted47, 48 4. Industrial estates, Industrial parks, Modern Industrial Townships and Special Economic Zones. 5. Irrigation drainage and flood control infrastructure47. 6. Other agricultural infrastructure, including post-harvest facilities like warehousing facilities, cold chains, grading processing and marketing47. 7. Medical and health care facilities and Medical Research and Education facilities47. 8. Tourism related facilities and infrastructure including cultural, historic, heritage and museum facilities47. 9. Energy including generation, transmission and distribution infrastructure, fuels, new and renewable sources of energy47. 10. Education infrastructure including technical education47. 11. Environment and pollution control infrastructure including effluent treatment plants. 13. Civil Aviation including airports, flying clubs, aviation training institutes, airport city side development, airport aviation & non-aviation facilitates49. 47 As amended vide notification no. 7(1)11/01-5FE-4/4506 dated 13.07.2006 48 As amended vide notification no.S.O.14/P.A.8/2002/Ss.2 and 53/2011 dated 21.02.2011 49 Inserted vide notification no. 10/5/1/07-5FE4/1713 dated 28.03.2008 14. Social infrastructure including50, 51,:- (a) social reform infrastructure including prisons, Juvenile Homes, Social Reformatory Institutes and other Correctional Facilities; (b) social service infrastructure including better/ IT enabled administration of birth and death certificates, registration of marriages, vehicle registration, driving licenses, pensions, rehabilitation of widows and aged persons, utility bills, ration cards and identification cards and other public services; and (c) other social infrastructure on Public Private Partnership mode including slum rehabilitation, Economically weaker Sections housing facilities, old age homes, orphanages and day care facilities. 16. Governance infrastructure including judicial/ administrative buildings and housing facilities50. 50 As amended vide notification no.7/1/11/2001-5FE4/29 dated 15.01.2010 51 As amended vide notification no.S.O.14/P.A.8/2002/Ss.2 and 53/2011 dated 21.02.2011 Schedule II: Models of Contracts [See section 2 (6)] (a) Build Operate and Transfer (BOT) shall mean 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 it is allowed to charge facility users appropriate tolls, fees, rentals, and charges not exceeding these proposed in its bid or as negotiated and incorporated in the contract to enable the Concessionaire to recover its investment, and operating and maintenance expenses in the project. The Concessionaire transfers the facility to the Government Agency or Local Government unit concerned at the end of the fixed term specified in the Concession Agreement52. (b) Build-Own-Operate-and-Transfer (BOOT) shall mean a project based on the granting of a Concession by a Principal (the Union or Government or a local authority) to the Concessionaire, who is responsible for the construction, financing, operation and maintenance of a facility over the period of the Concession before finally transferring the facility, at no cost to the Principal, a fully operational facility. During the Concession period the Promoter owns and operates the facility and collects revenue in order to repay the financing and investment costs, maintain and operate the facility and make a margin of profit. (c) Build-and-Transfer (BT) shall mean a contractual arrangement whereby the Concessionaire undertakes the financing and construction of a given infrastructure or development facility and after its completion turns it over to the Government Agency or Local Government unit concerned, which shall pay the proponent on an agreed Schedule its total investments expended on the project, plus a reasonable rate of return thereon. This arrangement may be employed in the construction of any infrastructure or development project, including critical facilities which, for security or strategic reasons, must be operated directly by the Government. (d) Build-Own-and-Operate (BOO) shall mean a contractual arrangement whereby a Concessionaire is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users. (e) Build-Lease-and-Transfer (BLT) shall mean a contractual arrangement whereby a Concessionaire is authorized to finance and construct an infrastructure or development 52 As amended vide notification no. 10/5/1/07-5FE4/7342 dated 28.11.2007 facility and upon its completion turns it over to the government agency or local government unit concerned on a lease arrangement for a fixed period after which ownership of the facility is automatically transferred to the government agency or local government unit concerned. (f) Build-Transfer-and-Operate (BTO) shall mean a contractual arrangement whereby the public sector contracts out the building of an infrastructure facility to a private entity such that the Concessionaire builds the facility on a turn-key basis, assuming cost overrun, delay and specified performance risks. Once the facility is commissioned satisfactorily, title is transferred to the implementing agency. The private entity however, operates the facility on behalf of the implementing agency under an agreement. (g) Contract-Add-and-Operate (CAO) shall mean a contractual arrangement whereby the Concessionaire adds to an existing infrastructure facility which it is renting from the government. It operates the expanded project over an agreed franchise period. There may, or may not be, a transfer arrangement in regard to the facility (h) Develop Operate and Transfer (DOT) shall mean a contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits the investment creates such as higher property or rent values. (i) Lease Management Agreement An agreement whereby the State Government, the Government Agency or the specified Agency leases a project owned by the State Government, the Government Agency or, as the case may be, the specified Government Agency to the person who is permitted to operate and maintain the project for the period specified in the agreement. (j) Management Agreement An agreement whereby the State Government, the Government Agency or the specified Government Agency entrusts the operation and management of the project to a person for the period specified in the agreement on payment of specified consideration. In such agreement, the State Government, the Government Agency or, as the case may be, the specified Government Agency may charge the user fee and collect the same either itself or entrust the collection for consideration to any person who shall after collecting the user fees pay the same to the State Government, the Government Agency or, as the case may be, the specified Government Agency. (k) Rehabilitate-Operate-and-Transfer (ROT) shall mean contractual arrangement whereby an existing facility is turned over to the private sector to refurbish, operate and maintain for a franchise period, at the expiry of which the legal title to the facility is turned over to the government. The term is also used to describe the purchase of an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country. (l) Rehabilitate-Own-and-Operate (ROO) shall mean a contractual arrangement whereby an existing facility is turned over to the private sector to refurbish and operate with no time limitation imposed on ownership. As long as the operator is not in violation of its franchise, it can continue to operate the facility in perpetuity. (m) Service Contract Agreement shall mean an agreement whereby a person undertakes to perform the service for the State Government for the specified period. The State Government shall pay him an amount according to the agreed Schedule. (n) Supply, Operate and Transfer Agreement shall mean an agreement whereby a person supply to the State Government equipment and machinery for a project and undertakes to operate the project for a period and consideration specified in the agreement. During the operation of the project, he shall undertake to train the employees of the State Government to operate the project. 15. Omitted 50,51