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(VI) Options After Transfer
The Transfer clause in the BOOT package is necessitated by the State's need to reassert ownership over strategic waterfront. At the time of the Transfer, the Government could choose any of the options given below :
1. Offer the Developer a roll-over option.
2. Take over the port and offer it to another Developer.
3. Take over the port as a landlord and farm out services to the private sector on lease or management on contract basis.
4. Take over the port and operate as a full service port itself.
The actual option chosen would depend on the status of the sector and the policy of the Government, which may prevail at that time. The BOOT contract would provide the Government with the flexibility of exercise any of these options.
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(VII) OTHER ISSUES RELATING TO THE BOOT POLICY
In addition to the BOOT issues listed in the above sections, there are certain additional issues that would be considered by the Government for facilitating the development of the; port sector in the State. These issues, and the actions that the Government will consider taking on them, are listed below :
1. DEMAND MOBILISATION
Given that demand mobilization is the key concern of the Developer, and the most significant risk for a port project, the Government will exercise all efforts to mitigate this risk by undertaking actions to promote industrial development in the region and developing linkage corridors for evacuation.
2. ADDITIONAL INCENTIVES FOR PORT DEVELOPERS
In the case of certain ports, site-specific viability concerns might make it necessary for the Government to enhance the overall viability of the project. Suitable incentives such as attractive concessions for add-on projects can be offered to Developers by the Government in these cases.
On a case-to-case basis, the Developer may be given permission to develop.
· Marine related activities such as ship breaking dry docking etc.
· Port based industrial complexes
· Real Estate in the vicinity of the port
3. UTILITIES
The Government will play a facilitating role by directing other state agencies to co-operate in the provision of utilities to ensure the successful and timely implementation of the Project. The Government will also take initiatives to provide a single window to the Developer for co-ordinating with all utilities such as water, power, and telecom etc. for the port project.
4. PERFORMANCE STANDARDS
The Government will stipulate performance standards for the Developer that seek to evoke international standards of quality, safety and technological enterprise in port operations. However, care will be taken to design these standards such that they do not infringe on the operational flexibility of the Developer.
5. FORCE MAJEURE ISSUES: STATE AND CENTRAL DIRECTIVES
The Government would have the right to issue directives to the Developers in events of national security and national emergency, In case declaration of war with any country or in case of national emergency, the contract agreement shall stand suspended and GMB will take over possession of port and all operational activities of the port, for that period.
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