Академический Документы
Профессиональный Документы
Культура Документы
Amongst
State of _______________________
And
National Bank for Agriculture and
Rural Development (NABARD)
And
Government of India
Ministry of Fisheries, Animal
Husbandry and Dairying
______________ - _______________2020
Memorandum of Agreement
THIS MEMORANDUM OF AGREEMENT is made on this day the_______ of
_________ 2019 at___________.
BY AND BETWEEN
AND
AND
WHEREAS
II. Gol has issued FIDF guidelines on 12 February 2019 for concessional
finance to listed Eligible Entities (EES) for the list of eligible
investments specified therein Annexure - I). The National Fisheries
Development Board (NEDB) has been designated as the Nodal
implementing Agency (INIA). National Bank for Agriculture and Rural
Development (NABARD National Cooperatives Development
Corporation (NCDC) and Scheduled Bank are designated as Nodal
Loaning Entities (NLEs) to finance EEs under FIDF, NABARD shall fund
the public infrastructure components through the State Government
for infrastructure projects to the extent of about Rs.2600 crore. In
addition, if required, NABARD may also provide refinance to other
NLEs as per its refinance policy. Gol will provide interest subvention
up to 3% p.a to NLEs for financing EEs at interest rate not less than
5% p.a. under FIDF.
III. Under the mechanism proposed in FIDF, the EEs shall submit the
Detailed Project Reports (DPRS) / Self Contained proposals to
Department of Fisheries, Ministry of Fisheries, Animal Husbandry and
Dairying with copy to NIA for detailed appraisal. NIA shall scrutinize,
evaluate, and appraise the proposal submitted by EES. Central
Approval and Monitoring Committee (CAMC) constituted in the
Department of Fisheries. The Ministry of Fisheries, Animal
Husbandry and Dairying will consider the proposals placed by NIA
and accord in principle approval signifying consent for grant of
interest subvention and recommend to NLEs for sanction of loans, as
per their respective lending norms.
IV. As desired by Gol, NABARD agrees to act as pass through agency for
channelizing the interest subvention to other NLEs. Accordingly,
NABARD Vect shall receive, collate, compile and submit the interest
subvention claims of all the NLEs on quarterly basis to GOI. On
receipt of interest subvention amount from GOI, NABARD shall pass
on the same to the NLEs.
V. The FIDF guidelines along with any modification thereto shall be read
as part and parcel of this Memorandum of Agreement (Agreement).
(i) The State Government shall submit detailed project reports along
with estimated project costs with all necessary information to
Department of Fisheries, Ministry of Fisheries, Animal Husbandry and
Dairying. Government of India, New Delhi with copies to NIA, as per
FIDF guidelines, for detailed appraisal. NIA will appraise the
proposals and present to CAMC for it's in principle approval and
recommendations.
(ii) Pursuant to the approval by CAMC and on receipt of such
recommendation for financing under FIDF, NABARD will accord
approval to projects based on its own appraisal as per its policy and
regulatory guidelines.
(iii) NABARD will follow the procedures in accordance with its internal
policies for sanction of loans in respect of projects / proposals and
may at its discretion invite representative of NIA / State Government
to make presentation during appraisal / sanction of proposal by
NABARD.
(iv) The loans under FIDF shall be sanctioned during 5 years from 2018-
2019 to 2022-2023. For each sanction, the disbursements shall be
completed within 2 years from the date of first disbursement
NABARD may consider to extend the period of disbursements beyond
two years on a case to case basis.
(v) The tenure of the loan shall be maximum 12 years including up to 2
year moratorium calculated from the date of first disbursement. The
repayment period for each disbursement shall be as specified in the
terms and conditions of the respective sanction letter and
disbursement advice.
(i) Each disbursement will be treated as a separate loan for the limited
purpose of charging interest. The rate of interest for lending to the
state government shall be calculated based on the difference
between (a) cost of funds to NABARD (inclusive of interest, taxes,
fees, charges, etc) fund management cost of 0.60% p.a. and (b) the
rate of interest subvention, such that the rate of interest for lending
shall not at any given point in time, be lower than 5% p.a.
(ii) However, if Gol constitutes an SPV in future for borrowing from
NABARD under FIDF, the fund management cost in the calculation of
rate of interest shall be 0.40% pa For the purpose of such lending to
SPV established under Gol, a separate memorandum of agreement
delineating the terms and conditions of such financing shall be
signed amongst Gol, NABARD and the SPV
(iii) The cost of funds to NABARD in case of funds raised from the
market by NABARD for the specific purpose of funding the drawal
application will be the prevailing market rate as applicable for such
borrowing plus fund management cost of 0.60% p.a.
(iv) The rate of interest shall be the FIMMDA rates applicable to AAA
entities for appropriate tenor plus fund management cost of 0.60%
pa iv The rate of interest Subvention is calculated as the difference
between (a) cost of funds to NABARD (inclusive of interest , taxes,
fees, charges, etc. plus fund management cost of 0 60% pa, and (b)
the rate of interest charged on loans to the State Government. The
rate of Interest Subvention is capped at 3% p.a.
(v) If, the rate of interest for lending calculated as per 1.3(i) above is
lower than 5% p.a., then the rate of interest subvention will be
reduced accordingly to keep the lending rate equal to 5% p.a.
(vi) Further, in the event, the rate of interest subvention amount is not
available with NABARD due to delay, non - payment, changes in
policy or any other reason whatsoever from Gol, the rate of interest
payable for loans availed by the State Government under this
Agreement shall be the cost of funds to NABARD plus fund
management cost of 0.60% p.a. (Normal rate of interest) for the
period from when such interest subvention amount is unavailable
until the day such interest subvention amount payment is received
(Interest Subvention unavailable period).
(vii) On receipt of payment of interest subvention amount from Gol,
NABARD shall, after adjusting the amount for the Interest Subvention
unavailable period, pass on the benefits of such interest subvention
to the State Government. In addition to the right to lend at normal
interest rates, for the interest subvention unavailable period,
NABARD shall also have the right to withhold any and all further
disbursements under FIDF until interest subvention amount is
received in full.
1.5 Pre-Payment
NABARD may accept, purely at its discretion, advance repayment of
loan or advance before due date subject to the condition that the State
Government gives three days clear notice (excluding Saturdays, Sundays
and Bank Holidays) to NABARD for such advance repayment, provided
however that the State Government fails to give aforesaid advance
notice of three days, the repayment shall be considered to have been
made after three days (excluding Saturdays, Sundays and Bank Holidays)
from the actual date of realization of payment and interest will be
levied accordingly The State Government, in such cases, shall be liable
to pay a pre-payment charge equivalent to difference between cost of
funds of NABARD at the time of disbursement and prevailing yield on 10
year G-Sec. on the date of prepayment plus taxes as applicable, for the
period for which it is preponed / advanced, irrespective of three days'
notice given to NABARD.
Explanation :
The balance in the state government account means the amount held in such
account including the minimum balance required to be maintained in the
account under the RBI / Principal Banker agreement, and the authorized limit
of the normal ways and means advances, the operative time of the special
ways and means advances, or any other authorized advances that may be
made by RBI / Principal Banker to the State Government but not including any
unauthorised overdraft that may have emerged in such account.
(xii) Notwithstanding the provisions of the RBI Agreement / Agreement
with its Principal Banker (to the modified as per actual position), the
State Government hereby undertakes not to exercise the option of
terminating the RBI Agreement / Agreement with its Pricipal Banker
while this Agreement remains in force, and the State Government
accepts that the option of the State Government under the RBI
Agreement / Agreement with Principal Banker stands modified to this
extent.
(xiii) While this Agreement is in force, the State Government will fully
indemnify NABARD against any loss or liability caused by any act or
omission of the State Government that may prove harmful or
prejudicial to the interest of NABARD. Further, the Stats Government
will fully indemnify NABARD against any forma or manner of
revocation of this Agreement during the entire duration of this
Agreement.
(xiv) The liability of the State Government to NABARD under this
Agreement shall not be impaired or discharged by reason of any time
or other indulgence, which may be granted by NABARD or by a
forbearance whether as repayment, time or performance.
(xv) The State Government shall not by its act, omission or otherwise
revoke, withdraw or in any manner render this Agreement ineffective
either wholly or partially so long as it is in force.
(xvi) All the amounts repayable under this agreement shall be paid by the
State Government to NABARD ant shall be deemed as "debt charges
for which the State Government is liable. The repayment of such"
debt charges "shall be carefully chargeable to the Consolidated Fund
of the State of --------- in terms of Article 202(3) of the Constitution of
India.
(xvii) As a separate and alternative stipulation, the State Government
irrevocably agrees that any suns expressed to be payable by it under
this Agreement, but which for any reason whatsoever whether
existing new or in future are not recoverable from the State
Government on the basis of this Agreement, shall nevertheless be
payable by and recoverable from the State Government, and the
State Government shall indemnify NABARD and hold harmless
accordingly
(xviii)
3. RIGHTS AND OBLIGATIONS OF NABARD NABA
(i) NABARD hereby undertakes that:
(a) NABARD shall have the absolute discretion to approve / reject any
project proposal NABARD shall convey its decision per training to
such approval / rejection of proposals to the State Government
and CAMC within 45 days of receipt of proposal complete in all
respects.
(b) NABARD shall be at liberty to sanction / release the loans as per
their lending norms / policies and in compliance with the
regulatory guidelines as notified by RBI from time to time. The
operational and credit related decisions like process of
repayment, rate of interest, additional interest in case of default,
security and extent of finance will be decided by NABARD.
(ii) NABARD shall inform the cost of its funds along with interest
subvention claims for financing under FDF, to GOI on a quarterly
basis, so as to arrive at the eligible subvention amount.
(iii) NABARD shall have the right to independently appraise, inspect /
cause to inspect, and monitor the projects funded under this
Agreement on a selective basis, including site visits.
(iv) NABARD shall be entitled to call upon the State Government to repay
the entire loan in one lump sum together with interest in case
NABARD is convinced that the State Government has committed
breach of any of the material terms and conditions of the sanction.
(v) NABARD may subject to its internal / regulatory policies to consider
providing additional loan against justified cost escalations of the
approved projects, as recommended by CAMC.
(vi) No failure to exercise and no delay in exercising, on the part of
NABARD, any right, power or privilege under this agreement shall
operate as a waiver thereof, nor shall any single or partial exercise of
any right, power or privilege preclude any other or further exercise
thereof, or the exercise of any other power or right. The rights and
remedies herein provided to NABARD are cumulative and not
exclusive of any rights or remedies provided by law.
(vii) NABARD shall under no circumstance, be liable for any claims for
non-receipt or delayed receipt of interest subvention arising out of,
resulting from or may be payable by virtue of any unavailability or
delay or failure of Gol in releasing the interest subvention amount
(viii) NABARD reserves the right to modify the terms and conditions of
project specific loan sanction.
4. RIGHTS AND OBLIGATIONS OF GOVERNMENT OF INDIA (GOI)
(i) Gol shall make adequate annual budget provision for providing
interest subvention until all loans are sanctioned by NABARD in
favor of the State Government and SPV if any under FIDF are
repaid in full to NABARD. In case the repayment of any loan is
extended for any reason whatsoever, Gol shall make necessary
budgetary provision for the extended period also.
(ii) Gol agrees to compensate by vay of subvention to NABARD to the
extent of difference between the cost of funds to NABARD
including NABARD's margin of 0.60% and the lending rate under
FIDE.
(iii) Gol shall ensure that NIA wall undertake desk and field
monitoring, and identify critical issues and bottlenecks such as
non-starter projects, slow progressing projects, geographical
distribution of projects, compilation of project - wise progress
report, outcomes etc., and place it before the CAMC for approval.
In addition to the above, Gol shall also ensure that CAMC will
carry out project-wise mid-term corrections, if any required due to
technical administrative compulsions.
(iv) Gol, shall through Department of Fisheries, pay the interest
subvention amount to NABARD till outstanding dues and interest
amount are fully paid.
(v) in the event of default by the State Government in honoring its
repayment obligation under this Agreement. Gol shall not release
any further amounts to the State Government under its centrally
assisted schemes, till the default to NABARD by the State
Government is cleared. Further, NABARD shall have the "First
Charge" on the amount due or becoming due from Gol to the
State Government on account of central plan assistance and
grants, including Finance Commission Grants, evolution of States
share in Central taxes and any other amount payable to the State
Government. The aforementioned amounts could be deducted by
Gol in case of state share of central taxes as and when that state's
share is credited to the State Government's account with RBI /
Principe Banker subject to provisions of para 2 (x) above.
5. DISPUTE RESOLUTION
In the event of any dispute or difference relating to the interpretation
and application of the provision of commercial contract (s) between
Central Public Sector Enterprises (CPSE) / Port Trust inter se and also
between CPSES and Government Departments / Organizations
(excluding disputes concerning Railways, Income Tax, Customs &
Exercise Departments): such disputes or difference shall be taken up by
either party for resolution through AMRCD as mentioned in DPE OM NO.
4 (1) / 2013 - DPE (GM / FTS - 1835 dated 22.05.2018
Signature of Shri
Principal Secretary / Secretary, Department of Fisheries,
Government of the State of Jharkhand
Acting in the premises for and on behalf of and under the
Authority of Governor of the State of Jharkhand
Place Date:
In presence of
1.
2.
Signed, sealed and delivery by the said NABARD
By the hands of its duly authorized official
Shri ________________
Chief General Manger
National Bank for Agriculture and Rural Development
…………………….. Regional Office,
(Address ……………………………….
……………………………………………...)
Place: Date:
In presence of
1.
2.
Signature of Shri
Joint Secretary, Department of Fisheries, Ministry of Fisheries, Animal
Husbandry and Dairying
Government of India, New Delhi 110 001
Acting in the premises for and behalf of and under the
Authority of President of India
Place: Date:
In presence of
1.
2.