GUIDELINES FOR
PRIVATE SECTOR PARTICIPATION IN PORTS THROUGH JOINT VENTURE AND FOREIGN COLLABORATIONS
Guidelines for Joint
Venture
Joint Venture between a Major Port
and Foreign Ports
(a)Areas of Participation:
- Construction of new port facilities within
the existing port.
- Improving productivity of an existing port
facility by upgrading and/or improving managerial practices (entire terminal meant for a
particular comnod1ty could be given for running it as a common user facility), and/or
- Development of a new port.
- Any combination of (1) to (3) above.
(b) Selection Procedure
- Major Port Trust(MPT) will identify the
areas(s) in which Joint Ventures is to be formed, or proposal could be made by foreign
port for consideration by MPT.
- The Foreign Port(s) should have proven
capability in the identified area(s).
- Financial Participation, Revenue Sharing end
the terms of participation will be negotiated.
(c) Entity for Implementation
The Foreign Port(s) may implement the
Scheme by promoting Indian Company in the form of Special Purpose Vehicle(SPV), without
equity contribution from Major Port Trust; or
A Joint Venture
Company(JVC) may be incorporated under the Indian Companies Act with equity participation
from Major Port Trust. The Major Port Trust will, at all time, maintain a controlling
stake in the JVC necessary for bloking a Special Resolution.
(d) Form of Contributions by
Major Ports
(1) Financial
(2) Making available port assets at agreed terms.
(3) Agreeing to provide services such as experts,
water front, pilotage, conservancy, and safety, in lieu of agreed terms and return over
the period of collaboration. (4) Any combination of (1) to (3) above,
(e) Form and Period of Collaboration:
Period will be upto 30 years.
- Form of collaboration will be on B.O.T.
basis. Upon expiry of the period, the port related assets will revert back to the Major
Port Trust in accordance with conditions of Agreement.
(f) Other conditions:
- The Joint Venture arrangements can be
finalised without tender.
- The Joint Venture will require approval from
Central Government.
(g) Definition of Foreign Port
For the purpose of the guidelines contained
in sub-para 3.l, a Foreign Port means a Public owned Port located outside India and does
not include a Port owned exclusively by a Private Company. |