| Who is considered a Concessionaire under the policy? | the PDI who has entered into a concession with the Major Port Authority for a fixed period through a concession agreement | (ii) “Concessionaire” for the purpose of this policy shall mean the PDI who has entered into a concession with the Major Port Authority for a fixed period through a concession agreement. For the purpose of extension and renewal, the existing Concessionaires, covered under the previous policies of 1996/1998 and 2016, shall also qualify as Concessionaire. (iii) ‘‘Designed Capacity’’ means the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned. | 64 | definition | 1.000 | (ii) “Concessionaire” for the purpose of this policy shall mean the PDI who has entered into a concession with the Major Port Authority for a fixed period through a concession agreement. | 4 | page=4,block=1 | 0.700 | valid |
| What does 'Designed Capacity' mean in the context of the policy? | the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned | (ii) “Concessionaire” for the purpose of this policy shall mean the PDI who has entered into a concession with the Major Port Authority for a fixed period through a concession agreement. For the purpose of extension and renewal, the existing Concessionaires, covered under the previous policies of 1996/1998 and 2016, shall also qualify as Concessionaire. (iii) ‘‘Designed Capacity’’ means the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned. | 390 | definition | 1.000 | (iii) ‘‘Designed Capacity’’ means the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned. | 4 | page=4,block=1 | 0.700 | valid |
| What is the definition of 'Minimum Guaranteed Cargo'? | the minimum cargo handling levels for a Facility fixed in terms of this Policy | (vii) “Minimum Guaranteed Cargo” means the minimum cargo handling levels for a Facility fixed in terms of this Policy; (viii) “Policy” means the policy for 'Award of Waterfront and Associated Land to Port Dependent Industries in Major Ports (Captive Policy)’ as set out in this document; (ix) “Port Dependent Industry” (PDI) for the purpose of this policy means, with reference to a particular Major Port, any entity (including any of its Affiliates) which is dependent on that Major Port for import and/or export of at least 70% of the Designed Capacity of the proposed Facility for Captive Cargo. Such entity includes a Special Economic Zone (SEZ) and Free Trade Warehousing Zone (FTWZ) established under the SEZ Act. | 39 | definition | 1.000 | (vii) “Minimum Guaranteed Cargo” means the minimum cargo handling levels for a Facility fixed in terms of this Policy; (viii) “Policy” means the policy for 'Award of Waterfront and Associated Land to Port Dependent Industries in Major Ports (Captive Policy)’ as set out in this document; (ix) “Port Dependent Industry” (PDI) for the purpose of this policy means, with reference to a particular Major Port, any entity (including any of its Affiliates) which is dependent on that Major Port for import and/or export of at least 70% of the Designed Capacity of the proposed Facility for Captive Cargo. |
| How is the royalty rate defined in the bidding process? | as Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU) | The procedures as laid down by the Government of India from time to time for appraisal and approval of PPP projects will be followed after making suitable modifications in the eligibility criteria for participation in the bidding for the Facility. 13. Earnest Money Deposit (EMD) to the tune of 10% of the estimated project cost may normally be adopted by the Port Authority to discourage frivolous bidding. Selection of the successful bidder will be made on the basis of the royalty rate to be quoted by the bidders. The royalty rate will be the bidding criteria and is to be expressed as Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU). 14. The Major Port Authority shall fix a reserve price for royalty per Metric Ton/TEU for the project by considering the following factors: 14. | 587 | definition | 1.000 | The royalty rate will be the bidding criteria and is to be expressed as Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU). | 6 | page=6,block=1 | 0.700 | valid |
| What is the purpose of the Escrow Account maintained by the Concessionaire? | for the period, purpose and in the format as provided for in the Concession Agreement | 40. The Concessionaire shall maintain an Escrow Account for the period, purpose and in the format as provided for in the Concession Agreement. Process timelines 41. Major Port Authorities shall ensure timely processing of bids and awarding of contract. The process starts from the submission of proposal by the Port Dependent Industry (PDI) to the signing of concession agreement and shall be completed within the timelines specified in the following schedule: (i) Submission of Proposal with Feasibility Report - T (ii) Evaluation of proposal and providing response to proposal - T + 3 months (iii) Bidding process commences - T + 5 months (iv) Identification of concessionaire T+7 months (v) Signing of concession agreement T+ 9 months General 42. Other terms and conditions will, in general, be as per the provisions in the MCA subject to deviations as approved by the Competent Authority. 43. | 56 | definition | 1.000 | The Concessionaire shall maintain an Escrow Account for the period, purpose and in the format as provided for in the Concession Agreement. | 15 | page=15,block=1 |
| What was the Model Concession Agreement originally structured for? | development and operation of common user Public-Private-Partnership projects | (v) The Model Concession Agreement (MCA) in vogue for private sector projects in Major Ports sector was primarily structured for development and operation of common user Public-Private-Partnership projects. The same Model Concession Agreement (as amended from time to time) was adopted for captive facilities also after incorporating specific deviations as may be necessitated for award of captive facilities in accordance with the Policy and as duly approved by the Competent Authority. 5. The existing Captive Policy of 2016 does not have specific provisions for award of waterfront and associated land to Government bodies, extension/renewal of the existing concessions for captive facilities, provision for addition of capacity/berths/jetties/SBM etc. by the existing Concessionaires and provisions for change of cargo to cater to the change in | 129 | definition | 1.000 | (v) The Model Concession Agreement (MCA) in vogue for private sector projects in Major Ports sector was primarily structured for development and operation of common user Public-Private-Partnership projects. | 2 | page=2,block=1 |
| What does the policy facilitate for Port Dependent Industries? | establishing dedicated facilities at Major Ports to support the import and/or export of cargo, including its storage and processing | The policy will help generate committed business for the Major Ports on a long term basis by facilitating the development and operation of dedicated port facilities by industries which are substantially dependent on a particular Major Port for import and/or export of their cargo and thus play a catalytic role in the eventual realization of the objectives of Port-led development. The objective of this Policy is to ensure uniformity and transparency in the procedure for awarding captive facilities. Scope and Applicability 7. The Policy envisages granting concessions to Port Dependent Industries (PDIs) for establishing dedicated facilities at Major Ports to support the import and/or export of cargo, including its storage and processing, prior to onward transportation to the final destination. | 611 | definition | 1.000 | The Policy envisages granting concessions to Port Dependent Industries (PDIs) for establishing dedicated facilities at Major Ports to support the import and/or export of cargo, including its storage and processing, prior to onward transportation to the final destination. | 3 |
| What does the term 'Designed Capacity' refer to? | the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned | (ii) “Concessionaire” for the purpose of this policy shall mean the PDI who has entered into a concession with the Major Port Authority for a fixed period through a concession agreement. For the purpose of extension and renewal, the existing Concessionaires, covered under the previous policies of 1996/1998 and 2016, shall also qualify as Concessionaire. (iii) ‘‘Designed Capacity’’ means the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned. | 390 | definition | 1.000 | (iii) ‘‘Designed Capacity’’ means the capacity of the envisaged Facility as indicated in the Feasibility Report prepared for the Facility and accepted by the Major Port Authority concerned. | 4 | page=4,block=1 | 0.700 | valid |
| What is the meaning of 'Minimum Guaranteed Cargo'? | the minimum cargo handling levels for a Facility fixed in terms of this Policy | (vii) “Minimum Guaranteed Cargo” means the minimum cargo handling levels for a Facility fixed in terms of this Policy; (viii) “Policy” means the policy for 'Award of Waterfront and Associated Land to Port Dependent Industries in Major Ports (Captive Policy)’ as set out in this document; (ix) “Port Dependent Industry” (PDI) for the purpose of this policy means, with reference to a particular Major Port, any entity (including any of its Affiliates) which is dependent on that Major Port for import and/or export of at least 70% of the Designed Capacity of the proposed Facility for Captive Cargo. Such entity includes a Special Economic Zone (SEZ) and Free Trade Warehousing Zone (FTWZ) established under the SEZ Act. | 39 | definition | 1.000 | (vii) “Minimum Guaranteed Cargo” means the minimum cargo handling levels for a Facility fixed in terms of this Policy; (viii) “Policy” means the policy for 'Award of Waterfront and Associated Land to Port Dependent Industries in Major Ports (Captive Policy)’ as set out in this document; (ix) “Port Dependent Industry” (PDI) for the purpose of this policy means, with reference to a particular Major Port, any entity (including any of its Affiliates) which is dependent on that Major Port for import and/or export of at least 70% of the Designed Capacity of the proposed Facility for Captive Cargo. |
| How is the royalty rate expressed in the bidding criteria? | Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU) | The procedures as laid down by the Government of India from time to time for appraisal and approval of PPP projects will be followed after making suitable modifications in the eligibility criteria for participation in the bidding for the Facility. 13. Earnest Money Deposit (EMD) to the tune of 10% of the estimated project cost may normally be adopted by the Port Authority to discourage frivolous bidding. Selection of the successful bidder will be made on the basis of the royalty rate to be quoted by the bidders. The royalty rate will be the bidding criteria and is to be expressed as Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU). 14. The Major Port Authority shall fix a reserve price for royalty per Metric Ton/TEU for the project by considering the following factors: 14. | 590 | definition | 1.000 | The royalty rate will be the bidding criteria and is to be expressed as Rupees per Metric Ton/Twenty Feet Equivalent Unit (TEU). | 6 | page=6,block=1 | 0.700 | valid |