Safed With wot ibunals gay; were Court indicate that decigis, $ SPecific Linn ret °XCEPE in Lime tM With specific matters are Not to f With an Mitations oF ri, ae Citcumstances. In the absence of a » these princi ‘ ‘ 8S made Ue amount 9 Drinciples vested regulatory agencie discretion to formulate orders. This siti Cellular onarn4 bY the decision of the Suprene Coe ina MNOWN as the “wy "8 Association of India v Union of Indiat (be (@ an adjudic phe )!7 in which the Supreme Court held that: ‘iu sdiction thay (eo Such as a tribunal. cannot restrict the imitation, ' hat is Vested in it by statute through self-imposeg a (thus a tribunal cannot refuse to exercise its jurisdiction 1 * Matter that otherwise falls within its authority); 3 the non-consideration of | relevant materials by a tribunal in relation to issues placed for adjudication before it would vitiate the ultimate > ecision of the tribunal; and (©) in Order for a decision of a tribunal to be a valid judgment, jt. ~ should contain a concise statement of the case, its consideration Of the facts and issues before it, and the reasons on which it is basing its decision. case of (b) The basic Principle that decisions of expert bodies or tribunals would be interfered with by the courts only in limited circunistances still Prevails. * However, after this decision, every order of such a body, in order to Come within the ambit of the basic principle of limited interference, would have to pass the test laid down in the judgment in the WLL case. 2.4 NATURE OF PRIVATE PARTICIPATION There have evolved various acronyms to describe the nature of private Participation in infrastructure projects (BOO, BOOT, BOT, etc). These are dependent upon the scope and extent of private participation in the implementation of an infrastructure project and define not only the nature of private participation, but the nature and structure of the project as well., a 15 West Bengal Electricity Regulatory Commission v CESC Ltd 2002 (2) SCALE 217, JT 2002 (7) SC 578, 16 — Civil Appeal No 3092, 3123, 3214 and 3300 of 2002, dated 17 December 2002. 17 Fora more detailed discussion on the WLL case, see Chapter 7, 22h ————ahertirctire Developmen Project —ctmem Projects . The scope and ext ; ee goncerned governme ind i Private participation is determined by th participation by the min can be of varying degrees. The degree if implementation of the projects erate determines the structure a involved, the legal framewa Hy Nature of documentation, the risks ‘ and the r The grant of rights to Private develo elevant issues, as the Concession Agreement ith a private body, is commonly knofen Broadly speaking, the schemes for private mn can be generally s i ; fen vate participation can be generall (i) Build Own and Operate (‘BOO’) (ii) Build Operate and Transfer (‘BOT’ (iii) Build and Transfer (“BT") : (iv) Build Lease and Transfer (‘BLT’) (*) Build Transfer and Operate (‘BTO") (vi) Contract Add and Operate (‘CAO’) (vii) Develop Operate and Transfer (‘DOT’) ¢ Rehabilitate Operate and Transfer (ROT’) (ix) Rehabilitate Own and Operate (ROO’) (x) Lease Renovate Operate and Transfer (LROT’) Each of these is described briefly below. 2.4.1 Build Own and Operate (‘BOO’) BOO is a contractual arrangement whereby, a project developer is authorised to finance, construct, own, operate and maintain an infrastructure or development facility, from which the developer is allowed to recover the total investment, operating and maintenance costs, plus a reasonable return thereon, by collecting tolls, fees, rentals or other charges from facility users. Under this project, the developer who owns the assets of the facility may assign its operation and maintenance to a facility operator. 2.4.2 Build Operate and Transfer (‘BOT’) BOT is a contractual arrangement whereby the project developer undertakes the construction (including financing) of a given infrastructure 23Le Relating tne Prete facility, and the, le tame et pa on elites ae ro exceeding i” WS" @Ppropriate tolls, fees, rent I, and charges a os. those proposed in its bid, of, as negotiated and incor ca tract to enable the project developer to recover the iny “i VPerating and maintenance expenses in the at Hopes y-and-operate situation which isa contractual arrangement wh! brain mse mena interest ofthe goverment so requires, operates te fain 243 Build and Transfer (BT) Bull and sicante cid aon angen ‘Bert devine undrates eng nd esse ee insect eoment iy aterceongee nee tes oil penn pe ede eae Exped on hep on aed sels er en Siren econ Tas rangnt ny beaches ae ottay hasta ee solpment jes case swe ‘efor sean or epee, un ape ‘the government. if af oat oa 244 Build Lease and Transfer (BLT") BLT is a contractual arrangement whereby a project developer is ‘authorised to finance and construct an infrastructure or development facility. Upon its competion, the developer tums it over tothe governed ‘agency oF the concemed local goverament on a lease azrangement fot, 4 fixed period, after which, ownership of the facility is automatically ‘transfered to the goverment agency ofthe concerned local goverment ‘24. Bulld Transfer and Operate ‘BTO') BTO is a contractual arrangement whereby the government contacts ‘ut the construction of an infrastructure facility to a private entity sich thatthe contractor builds the facility on a turn-key bass, assuming cost overruns, delays, and specified performance risks. Once the facility is anrncreDenipmen Pt Ad Content Add and Operate (CAO ‘CAO is contracts scrangement whereby the project developer i ‘sn xitng nse ity whch es fom government nd operates the expanded pilet over an apoed prio a tachi ‘Thee may oe may no bea transfer arengement with regard headed. faclty provided by the poject developer 4147 Develop Operate and Trasster CDOT) [DOT isa conacualarangement whereby fvorabe conto extra tothe new intasructue projet which tobe bul ya private developer te integrated into the arrangement by giving tat entity te right t develop adjoining propery, and ths, enjoy sme ofthe benefits crested bythe ivestment Such as higher property ores ales 3408 Rehabilitate Operate an Tranter (ROT) [ROT sw contractual rangemeat whereby an existing fii tried ‘vero a pavat eat to refurbish, operae and maint fora speciiod period as franchise, om te expiry of which the legal ite othe facility FS tumed over tothe goverment. The term is lo used to deseribe the purchase of an existing facility fom abroad, and refurbishing, ereting ad consuming it within he host country. 2149 Rehabilitate Own and Operate (ROO? [ROO is a contractual arrangement whereby an existing facili aed ‘over tothe private sector for refurbishing and operation with no time limit on ownership, As longa the operator has ot violated the fanchis, ican continue to operate the facility in perp 24.10 Lease Renovate Opsfate and Transfer (LROT") LLROT is 2 contractual arrangement whereby an exising infastetare ‘acility i handed over to prvat parties on lease, fora particular period ‘of time forthe specific purpose of renovating the facility and operating itor aspect eid of ime on uch ems ad cndtions maybe ‘agreed to withthe government fr recovering the costs with an ages return and thereafter, transfering the felt to the govermeat. The ‘commissioned satisfactorily, the ile is transferred tothe implementing agency. The private entity, however, operates the facility on bebalf of the implementing agency unde? an agreement. ae ™