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A3.3.0 Clearance and Approvals:
1.) On signing of the HPDA, the developer shall seek and obtain all the necessary approvals and also arrange for financial closure within a period of 12 months after signing of the HPDA. This period can be extended by the PCIB on case to case basis if it is satisfied that the reasons for delay are beyond the control of the developers. WRD/NVDA shall extend all possible assistance for obtaining such approvals but the primary onus of obtaining such permissions is that of the developer. In case of failure to obtain the approvals and the financial closure within the prescribed period, the HPDA shall stand automatically cancelled and the performance security shall be forfeited. In case the project can not be set up for want of an approval from the State or the Central Government, the security shall not be forfeited.
2.) The project shall be made operational within the time frame mentioned below from the date of signing the HPDA.
| Serial No. |
Installed Capacity |
Commissioning
|
| 1. |
Up to 5 MW |
30 Months
|
| 2. |
More than 5MW & up to 10 MW |
36 Months
|
| 3. |
More than 10 MW up to 25 MW |
40 Months
|
Note : In case, PCIB extends the period of 12 months for obtaining necessary approvals and financial closure, the commissioning period mentioned in the table above will be extended accordingly.
3.) The project development milestone up to the COD shall form part of the HPDA and may be reviewed at a specific request of the developer by WRD/NVDA based on any exigencies that may arise during the development of the project. On successful commissioning of the project within the stipulated period, the security deposit shall be refunded/released with the approval of PCIB.
4.) In the event of delay in commissioning of the Project as per the project development milestone for reasons attributable to the Developer except force majeure, the Developer will be required to compensate the loss of free power to Government of M.P. for the delayed period as per the projected power generation in the DPR during this period. The loss should be compensated in form of equivalent quantity of free power after the start of commercial operation over and above the committed free power as per agreement.
5.) If the Developer is able to commission the project before the schedule COD the developer shall be entitled for incentive @ 50% of the free power to be supplied to the GoMP i.e. the developer shall be required to provide only 50% of offered free power from the date of actual COD to the date of scheduled COD.
6.) The land required for the project if available with the Government, shall be leased to the developer within a period of 30 days of signing of the HPDA in the following manner:
(i) If the land belongs to the WRD/NVDA, the WRD/NVDA will lease it out to the developer under intimation to the District Collector. WRD/NVDA will issue a circular in this regard.
(ii) If the land belongs to the Revenue Department, the District Collector will transfer it to WRD/NVDA in accordance with the provisions of Revenue Book Circulars, and WRD/NVDA will lease it out to the developer, under intimation to the District Collector.
(iii) If the land belongs to some other Department, the WRD/NVDA will obtain the NOC of that Department, take possession of the land and lease it out to the developer, under intimation to the District Collector. WRD/NVDA will issue a circular in this regard.
(iv) The premium and lease rent together for the total area of the land so leased will be at the rate of a token sum of Rs 1/- per year.
(v) The lease shall be for the period prescribed by the HPDA.
(vi) The standard terms of lease will be approved by the PCIB.
(vii) In case the land required by the developer is private land, Govt. will acquire the land on developer's behalf if he so requests, but the acquisition cost will be fully met by the developer.
(viii) In case of forest land including Revenue land classified as chote-bade jhad ke jungle, or any revenue or private land classified as forest or defined as forest, provision of Forest (Conservation) Act, 1980 and rules made thereunder from time to time and instruction of Central/State Government shall apply.
7.) The developer shall have the sole responsibility of ensuring compliance with all the applicable legislations/ rules regulations etc.
8.) The developer shall properly insure all the assets of the project during the currency of the BOOT agreement and maintain the same in proper condition for eventual transfer in favor of the State Government or its agencies, after expiry of BOOT agreement.
9.) Subject to signing of the HPDA and compliance of the applicable approvals, the developer shall be free to set up the generating plant. He shall ensure compliance with Technical Standards prescribed under section 73 of the EA 2003 for connectivity to the grid.
10.) The Developer shall be allowed the use of approach road to the powerhouse, if it is in the possession of WRD/NVDA. The Developer and WRD/NVDA shall carry out the maintenance of the roads, for common use, jointly.
11.) WRD/NVDA shall provide residential quarters of suitable types, if spare accommodation is available with the department near the project site for the developer or his staff during construction period, on rental basis. However, the developer shall carry out the maintenance of the same, at his own cost.
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