Tariff

(1) Notwithstanding anything contained in any other law enacted by the state Legislature, the concessionaire(s) may, charge, recover and appropriate the tariff in accordance with the terms and conditions of the Concession Agreement in respect of use of any facility or product or service related to or arising out of any project, where the development and / or operation and / or maintenance of such project has been done by the concessionaire at its own expense. (2) The right of concessionaire to collect retain and appropriate tariff shall be assignable to its lenders for the funding of the development, operation and maintenance of the project. (3) Any variation of tariff shall be varied as per provisions of the Concession Agreement. Notwithstanding the provision of concession agreement the authority under exceptional circumstance may also vary the tariff. Provided, the Authority shall not vary the rate of tariff without the consent the concessionaire and the Board. Provided further in cases, where tariff is not specified in the Concession Agreement, the Authority shall determine the tariff by accounting the Concessionaire's financials.