Section 6: Public-private partnership agreement

6. Public-private partnership agreement (1) Notwithstanding any other enactment but subject to this Act, a contracting authority may enter into an agreement with a private party for the performance of one or more of the functions of that contracting authority. (2) Every agreement shall— (a) identify the responsibilities of the contracting authority and the private party; (b) specify the relevant financial terms; (c) ensure the management of performance of the private party; (d) provide for the return of assets, if any, to the contracting authority, at the termination or expiry of the agreement, in such manner as may be provided for in the agreement; (e) provide for the sharing of risks between the contracting authority and the private party; P55 – 5 [Issue 9] (f) provide for the payment to the private party by way of compensation from a revenue fund or of charges or fees collected by the private party from users or customers of a service provided by it; (g) provide for its duration; and (h) contain such other information as may be prescribed. (3) Every agreement shall be governed by and construed in accordance with the laws of Mauritius. (4) Every agreement shall provide for disputes between the private party and the contracting authority to be settled by arbitration, according to the rules defined in the agreement. 7. — [S. 7 repealed by s. 41 (g) of Act 18 of 2016 w.e.f. 7 September 2016.]