NEW DELHI: Montek Singh Ahluwalia, Deputy Chairman,
Planning Commission, has made it clear that the GDP growth target of 8 per cent
during the 12th Plan period would have to be scaled down if the
private sector fails to contribute half of the estimated US$ 1 trillion
investment in infrastructure development.
Inaugurating FICCI’s India PPP Summit 2013 on Monday,
Ahulwalia said, “Private sector participation in infrastructure PPP projects
have grown substantially from 10 per cent of the required investment in the 10th
Plan period to 37 per cent during the 11th Plan. In the 12th
Plan period (2012-2017), no less than 50 per cent of the estimated investment
would have to necessarily come from the private sector as there are zero
prospects of the government being able to finance such projects. If it can’t be
done then we had better lower the growth projection.”
He urged the private sector to share and absorb the
risks that are normally associated with model concession agreements under the
PPP model and expressed his regret that very little thinking has been done by
the private sector on such agreements.
On the issue of non-delivery of statutory clearances
on time for PPP projects, a clear thinking has to emerge on what a concession
agreement should entail. Any penalty to be imposed on the government, would be
resisted within the government, he said and added that due diligence in the
matter was required to be done in the next two years.
He urged the private players to figure out how
‘force majeure’ provisions in concession agreements are to be handled. It is
important to clearly spell out what exactly is needed to be built in by way of
‘force majeure’ in contracts.
Most contracts contain force majeure provisions
although they are not generally considered in detail by companies when they are
negotiating a contract. As they are drafted to cover unusual or unexpected
events they are not frequently relied upon.
In his special address, Dr. Arvind Mayaram,
Secretary, Department of Economic Affairs, Ministry of Finance, underlined the
need for adequate resources to maintain the existing infrastructure, while
scouting for funds for creating new assets.
He said both the government and the private sector
were beset with the problem of lack of institutional capacities to management
concession agreements over a 20-year period and it was high time to have a re-look
at such capacities for managing and maintain ing PPP projects.
He said once the construction of a project is over
and it gets stablised, there should be easy exit for a developer and the ease
for a competent facility manager to come in.
Dr. Mayaram also emphasized the need for more
regulators of different infrastructure sectors
with clearly defined Terms of Reference. “Regulators
have to be empowered and be independent of both the parties to a contract,” he
said.
The inaugural session was also addressed by Hari
Sankaran, Chairman, FICCI Infrastructure Committee and Managing Director,
IL&FS; Dr. A Didar Singh, Secretary General, FICCI and Mr. Abhaya Agarwal,
Partner and Leader - PPP, Ernst & Young LLP.
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