| PRIVATE SECTOR INITIATIVES
IN HIGHWAYS
Construction
and maintenance of roads are the primary responsibility of State Governments. Inspite of
emphasis by Government on development of roads during the successive plans, it has not
been possible to meet the fast growing demand for roads adequately because of the faster
growth in vehicle population as well as cargo and passenger traffic.
The infrastructure in
general, and roads in particular has been recognised as thrust area. There is now an
increasing appreciation that expansion of quality roads is key to State progress. Since
the needs are so large, alternative sources of funding are considered necessary. The State
Govenrment has, therefore, decided to invite private sector to build, maintain and operate
State Highways & major district roads on Build Operate & Transfer
(BOT) basis.
TYPE OF PROJECTS
IDENTIFIED FOR PRIVATE SECTOR PARTICIPATION
Considering the usefulness to serve the economy,
the intention of the Government is to involve Private Sector for taking up development of
following type of projects on State Highways :
(i) Byepasses
(ii) Bridges
(iii) Railway Over Bridges
(iv) Widening of existing roads
(v) Ring Roads near big cities.
(vi) Improvement/Maintenance of existing roads.
Any facility on the existing State Highways
required for safe and efficient movement of the traffic may also be offered to the private
entrepreneurs, wherever feasible.
FEATURES
OF THE BOT SCHEME
It is proposed to seek private
sector's participation including foreign investments in the development of selected
stretches of State Highways to maintain and operate them generally for a period upto 30
years (concession period) after opening the facility for traffic and in return permit the
entrepreneur to collect and retain toll as approved by the Government directly from the
users of the facility. After expiry of the concession period, the facility will stand
transferred to the Government.
To ensure free flow of traffic,
the normal checks by the authorities will be conducted at entry and exit points only. The
traffic on such facilities will be normally regulated by the entrepreneur.
To provide basic facilities for
the traffic en route, provision for developing and operating highway related facilities
such as restaurants, motels, fuel stations, rest/parking areas, shopping malls, transport
nagars and other related facilities would be made. The income from such facilities will
also enhance the viablity of the project.
Private entrepreneurs will
design, construct, maintain and operate the facility from their own resources or funds
borrowed from financial institutions, banks, open market etc. In the case of Railway Over
Bridges, the Ministry of Railways have also agreed that the construction of the Bridge
across the railway line would be permitted to be taken up under the BOT, subject to
approval of design and specifications and fulfilling safety requirements.
LEGAL FRAME WORK :
To provide legal basis for the implementation of
the scheme, the State Government is likely to introduce the following legislation in the
State for the following :-
(i) To assign the private entrepreneurs, projects
for specified period on such terms and conditions as may be agreed upon;
(ii) To authorise the entrepreneurs to collect and
retain fee directly from the users;
(iii) To authorise entrepreneurs to normally
regulate traffic on the road constructed by them.
(iv) To make encroachment, on highway land by any
person, an offence and make it punishable.
GOVERNMENT'S DIRECT
SUPPORT
(i) The Government will
identify priority projects, prepare feasibility study defining the road alignment, set
standards for technical construction and allow the private sector to design, construct and
operate the toll roads. The choice of entry/exit points may be mutually agreed between the
Government and the Entreprenuer.
(ii) Acquisition of land by private parties may be
beset with a number of problems. It is, therefore, decided that the land for highway
development will be acquired by the Government and given to the entrepreneurs on certain
terms and conditions for the land.
(iii) Tax holiday for five years for road
infrastructure development project as per the policy decision of Central Govt.
OTHER SUPPORT BY GOVERNMENT
(i) The entrepreneur will be allowed to develop
and operate restaurant, motels, gas stations, rest and parking nagars at important
stations to provide loading and un-loading facilities for cargo, ware houses and godowns,
vehicle repair facilities, shops for spare parts, tyres and other vehicle components,
restaurants, hotels, motels, insurance and medical facilities which may also generate
considerable revenue for the enterprising company. It is estimated that this policy
measure will add substantially to the revenues of the private sector, thus enhancing
viability of the project. In principle, however, it is recognised that if the land is
available at fair market price or it is provided free of cost by the Government, toll
roads should be self sustaining, with non toll revenues less important in justifying the
project.
(ii) A very important aspect of BOT road projects
is that the private franchise holder must be given the right to directly collect the toll
and retain the revenue for payment of expenses and dividends to equity holders. This
aspect is being covered in the Highways Act, under consideration.
(iii) Project Implementation :
The enterprise to have full freedom to implement
the project, they will have to satisfy the Government with regard to standards,
specifications, safety of structures and satisfactory operation and management to be
followed by them. The Public Works Department may provide infrastructure through
consultants to ensure compliance of standards and specifications and can also play a major
role in project approval and its implementation.
(iv) Registration of Entrepreneurs under special
category :
The State Government has registered entrepreneurs
in the department for carrying out the works on the B.O.T. basis. Thirty firms have
already been approved under this special category.
(v) Modification in B.O.T. contracts :
The department has invited the entrepreneurs to
discuss on contract Agreement to be used for B.O.T. schemes. After discussion with
entrepreneurs, the contract document has been modified and made more comprehensive to
facilitate the smooth working and execution of project by the entrepreneurs.
FIXATION
OF FEE
The basic principles for fixing the level of fee may take into consideration namely, the
cost of the scheme, traffic levels, financing mechanism of the project, return expected by
the entrepreneur, interest during the construction period, physical and tax concession
available to the concessionaire company, the distance, fuel consumption, increased safety,
less driving strain and reduced vehicle operating cost. Taking into account the above
mentioned factors, the amount of fee to be charged for different categories of vehicles
and mechanism for future enhancement will be prescribed in the concession agreement.
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