Section 5 of Uttar Pradesh Urban Local Self Government Laws Act, 2009

Insertion of new Section 137-A.— After Section 137 of the Principal Act, the following section shall be inserted, namely:– “137-A. Private sector participation agreement.—(1) Notwithstanding, anything to the contrary contained in any other provision of this Act, a Municipal Corporation may, in the discharge of its funcations specified in Sections 114 and 115– (a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm, society, trust or any body corporate or any institution, or Government agency or any agency under any other law for the time being in force, in financing, construction, maintenance and operation of such projects of a Municipal Corporation irrespective of its cost; (b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person or company, or firm, or society, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency, and (2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following: (a) Build-Own-Operate-Transfer Agreement, (b) Build-Own-Operate-Maintain Agreement, (c) Build and Transfer Agreement, (d) Build-Lease-Transfer Agreement, (e) Build-Transfer-Operate Agreement, (f) Lease and Management Agreement, (g) Management Agreement, (h) Rehabilitate Operate-Transfer Agreement, (i) Rehabilitate-Own-Operate-Maintain Agreement, (j) Service Contract Agreement, and (k) Supply-Operate-Transfer Agreement (3) If the discharge of its obligations for providing urban infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community centres and other civic amenities and facilities and commercial infrastructure, the Municipal Corporation may, whereever considered appropriate in the public interest,– (a) discharge any of its obligations on its own, or (b) enter into any private sector participation agreement.”