Section 16, The Public Private Partnership Act, 2014

(1) A contracting authority shall have the right, underthe prescribed circumstances set out in a PPP Agreement, to take over the PPP Project, for the purpose of ensuring the effective and uninterrupted delivery or timely completion of the PPP Project in the event of– (a) a material default by the private partner in the performance of its obligations; and (b) a failure by the private partner to rectify the breach within a period of time, as provided by the PPP Agreement, after having been given notice by the contracting authority to do so. (c) a clear and present danger to life, liberty, health, the environment or national security, having obtained approval of the President or the Cabinet. (2) The duration of a takeover referred to in subsection (1) and the residual rights (if any) of the private partner shall be as set out in the PPP Agreement. (3) When a contracting authority elects to take over a PPP Project under subsection (1), the contracting authority, in accordance with the terms of the PPP Agreement– (a) shall collect and pay any revenues that are subject to lien to satisfy any obligation; Revision of a men t Compensation for specific changes in legislation Takeover of a PPP Project No. 11 Public Private Partnership Act 2014 No. 11 Public Private Partnership Act 201418 19 (b) may perform works and provide services, impose user levies and comply with any existing service contracts; and (c) may solicit proposals, as appropriate, for the construction, maintenance or operation of the assets under the PPP Agreement.