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Private Sector Participation in Infrastructure: A Critical Study on the Need for an Overarching Law

By: Contributor(s): Publication details: Bangalore NLSIU 2009Description: 333pOnline resources:
Contents:
Table of Contents 1. Introduction; Background; Universal service obligation; Status of Urban Infrastructure; Public Private Partnerships (PPPs); Statement of the Problem; Activities in the selection of private parties; Need for the study; Objectives of the study; Research Questions; Limitation to the study; Methodology and framework of the thesis; Chapterization; 2. Local Self Government; Introduction; Historical Perspective; Evolution of Municipalities; Municipalities - post independence era; Functions of the Municipalities; Water supply and MSW management; Powers of ULBs to enter into contracts; Selection of private parties; Approach of the Private Sector; Role of elected representatives; Municipal Finances; Conclusion; 3. A Critical Analysis of PPPs 65 Introduction; Public Private Partnership Frameworks; PPP Contracts; Risks in an infrastructure project; Risk Mitigation Measures ; Benefits of PPP; Disadvantages of PPP; BOT Contracts; Structuring of BOT contracts; Legal & institutional framework for PPPs; Contractual relationship-public authority and private party; Limits of judicial interference - writ jurisdiction; Conclusion; 4. Problems in seeking effective PPPs; Introduction; Background; Impact of Urbanization; Issues in the delivery of public services; Government action; Impact of Urbanization; Issues in the delivery of public services; Government action; Need to facilitate private investment; Creation of enabling frameworks; 5. PPP Laws: A Critical Evaluation; Punjab Infrastructure (Development and Regulation) Act, 2002; Andhra Pradesh Infrastructure Development Enabling Act, 2001; The Gujarat Infrastructure Development Act, 1999; 6. Case Study - PPPs in Urban Water Supply; Purpose of the Chapter; Introduction; PPP experience in some foreign countries; Few PPP projects in India; 24n water supply in Karnataka - A critical analysis; Key Aspects of the Contract; Role of NGOs; Technology Improvement; Sub contracting; Employees on deputation to OC; Water connections and metering; Tariff and Billing; Grievance Redressal; Benefits of the project; 7. Case Study: MSW Treatment & Disposal; Purpose of the Chapter; Introduction; Salient features of MSW management; Importance of scientific disposal of MSW; Activities for setting up of landfills; PPP Framework for development of landfills; Legal Regime in select countries; Legal and Regulatory Development in India; Setting up of Treatment & Landfill Facility by BMP; Evolution of Tender Process; Contract formation; 8. Regulation and tariff: Issues and constraints; Introduction; Regulatory System and Role of the Regulator; Fixing of Tariff; Power Tariff; Conclusion; 9. Lessons Learnt; Introduction; Findings of Case Studies; Asset Maintenance; User charges; Impact of PPP laws; Impact of Gujarat Infrastructure Development Board Act, 1999; 10. Conclusions and Recommendations 265 Appendix A: Indicative Questions to Experts; Appendix B: List of Experts; Appendix C: Existing legislation's and its objectives; Appendix D: Institutional framework; Select Bibliography.
Summary: Infrastructure Development - Indian Public Private Partnership - Comparative Study - Indian States Public Private Partnership - Legal Framework
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Table of Contents
1. Introduction;
Background;
Universal service obligation;
Status of Urban Infrastructure;
Public Private Partnerships (PPPs);
Statement of the Problem;
Activities in the selection of private parties;
Need for the study;
Objectives of the study;
Research Questions;
Limitation to the study;
Methodology and framework of the thesis;
Chapterization;
2. Local Self Government;
Introduction;
Historical Perspective;
Evolution of Municipalities;
Municipalities - post independence era;
Functions of the Municipalities;
Water supply and MSW management;
Powers of ULBs to enter into contracts;
Selection of private parties;
Approach of the Private Sector;
Role of elected representatives;
Municipal Finances;
Conclusion;
3. A Critical Analysis of PPPs 65
Introduction;
Public Private Partnership Frameworks;
PPP Contracts;
Risks in an infrastructure project;
Risk Mitigation Measures ;
Benefits of PPP;
Disadvantages of PPP;
BOT Contracts;
Structuring of BOT contracts;
Legal & institutional framework for PPPs;
Contractual relationship-public authority and private party;
Limits of judicial interference - writ jurisdiction;
Conclusion;
4. Problems in seeking effective PPPs;
Introduction;
Background;
Impact of Urbanization;
Issues in the delivery of public services;
Government action;
Impact of Urbanization;
Issues in the delivery of public services;
Government action;
Need to facilitate private investment;
Creation of enabling frameworks;
5. PPP Laws: A Critical Evaluation;
Punjab Infrastructure (Development and Regulation) Act, 2002;
Andhra Pradesh Infrastructure Development Enabling Act, 2001;
The Gujarat Infrastructure Development Act, 1999;
6. Case Study - PPPs in Urban Water Supply;
Purpose of the Chapter;
Introduction;
PPP experience in some foreign countries;
Few PPP projects in India;
24n water supply in Karnataka - A critical analysis;
Key Aspects of the Contract;
Role of NGOs;
Technology Improvement;
Sub contracting;
Employees on deputation to OC;
Water connections and metering;
Tariff and Billing;
Grievance Redressal;
Benefits of the project;
7. Case Study: MSW Treatment & Disposal;
Purpose of the Chapter;
Introduction;
Salient features of MSW management;
Importance of scientific disposal of MSW;
Activities for setting up of landfills;
PPP Framework for development of landfills;
Legal Regime in select countries;
Legal and Regulatory Development in India;
Setting up of Treatment & Landfill Facility by BMP;
Evolution of Tender Process;
Contract formation;
8. Regulation and tariff: Issues and constraints;
Introduction;
Regulatory System and Role of the Regulator;
Fixing of Tariff;
Power Tariff;
Conclusion;
9. Lessons Learnt;
Introduction;
Findings of Case Studies;
Asset Maintenance;
User charges;
Impact of PPP laws;
Impact of Gujarat Infrastructure Development Board Act, 1999;
10. Conclusions and Recommendations 265
Appendix A: Indicative Questions to Experts;
Appendix B: List of Experts;
Appendix C: Existing legislation's and its objectives;
Appendix D: Institutional framework;
Select Bibliography.

Infrastructure Development - Indian Public Private Partnership - Comparative Study - Indian States Public Private Partnership - Legal Framework