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RNI No. MAHENG/2009/35528
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——————-------
In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Maharashtra Infrastructure Development Enabling Authority Act,
2018 (Mah. Act No. XXVIII of 2018), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
——————-------
MAHARASHTRA ACT No. XXVIII OF 2018.
(first published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 9th April 2018).
An Act to provide for the establishment of the Maharashtra
Infrastructure Development Enabling Authority, to regulate the process
of submission and evaluation of unsolicited proposals, to promote and
facilitate infrastructure projects in the State of Maharashtra including
through Public Private Partnership and matters connected therewith or
incidental thereto.
WHEREAS, both Houses of the State Legislature were not in session ;
AND WHEREAS, the Governor of Maharashtra was satisfied that
circumstances existed which rendered it necessary for him to take immediate
action to make a law, for the establishment of the Maharashtra Infrastructure
Development Enabling Authority, to regulate the process of submission and
evaluation of unsolicited proposals, to promote and facilitate infrastructure
projects in the State of Maharashtra including through Public Private
Partnership; and matters connected therewith or incidental thereto ; and,
Mah. therefore, promulgated the Maharashtra Infrastructure Development
Ord. VII
of 2018. Enabling Authority Ordinance, 2018, on the 23rd February 2018 ;
(1)
¦ÉÉMÉ +É`ö 61------1
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 9, 2018/SÉèjÉ 19, ¶ÉEäò 1940
AND WHEREAS, it is expedient to replace the said Ordinance by an
Act of the State Legislature ; it is hereby enacted in the Sixty-ninth Year of
the Republic of India as follows :—
CHAPTER I
PRELIMINARY
Short title and 1. (1) This Act may be called the Maharashtra Infrastructure
commence- Development Enabling Authority Act, 2018.
ment.
(2) It shall be deemed to have come into force on the 23rd February 2018.
2. In this Act, unless the context otherwise requires,—
(1) “Authority” means the Maharashtra Infrastructure Development
Enabling Authority constituted under sub-section (1) section 3 ;
(2) “Designated Officer” means the officer of the State Government
appointed under sub-section (2) of section 5 ;
(3) “Government” or “State Government” means the Government of
Maharashtra;
(4) “Government Agency” means any instrumentality of the State
Government;
(5) “Government Authority” means the Authorities established by
the State Government;
(6) “Infrastructure Project” or “Project” means a Project in the
Infrastructure Sector, for any development, re-development or
restructuring of an existing Infrastructure Projects, or any under
construction Infrastructure Projects, including those have been awarded
prior to the commencement of the Act by any Government Authority or
Government Agency or Local Authority or Government Company; or
development, operation and maintenance ; or operation and maintenance
of any infrastructure facility in the Infrastructure Sector, for the
purposes of creation of infrastructure asset, or delivery of public services
and shall include a facility of similar nature and substantial expansion
thereof;
(7) “Infrastructure Sector” means the Infrastructure Sectors
prescribed in rules;
(8) “innovative financing” means the financing at the rate below Repo
Rate declared by the Reserved Bank of India, from time to time;
(9) “Local Authority”—
(i) in relation to the Zilla Parishad means the Zilla Parishad
constituted under the Maharashtra Zilla Parishads and Panchayats Mah. V
Samitis Act, 1961; of 1962.
(2) The procedure of the bid, notice period, technical aspects and the
terms and conditions for approval of such Project shall be such as may be
prescribed.
13. (1) The eligibility criteria for submission of proposal by any Person Eligibility
under sub-section (1) of section 6 or competitive bidder for the Project shall criteria.
be such as may be prescribed.
(2) The Person who fulfils the criteria specified in sub-section (1) shall
be eligible to submit the proposal or eligible for the bid of the Project.
14. (1) If in the bid,— Assignment of
(a) the proposal of the Original Project Proponent is in deviation of 10 Project.
per cent. or more, compared to the other competitive bids received, the
Authority shall grant the Project to the best competitive bidder and thereupon
the Original Project Proponent will lose its status as Original Project
Proponent of the said Project.
8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 9, 2018/SÉèjÉ 19, ¶ÉEäò 1940
(b) If the proposal of the Original Project Proponent has deviation
of less than 10 per cent. compared to the other bidders, the Authority
shall give opportunity to the Original Project Proponent to match his
proposal with the proposal selected in bid.
(2) If the Project is not assigned to the Original Project Proponent, he
shall be entitled to reimbursement of the cost of the Detailed Project Report
as prescribed:
Provided that, the Original Project Proponent shall be entitled to
reimbursement of the cost of the Detailed Project Report only if, the Project
is implemented:
Provided further that, the Original Project Proponent shall not be entitled
to reimburse the cost of the Detailed Project Report, if he unilaterally
withdraws the proposal.
(3) The Person to whom the Project has been assigned, the Authority
shall, with the approval of the Government, declare such Person as the Project
Entrepreneur of the Project.
(4) The procedural details of assignment of the Project to the Project
Entrepreneur shall be such as may be prescribed.
Agreement 15. (1) If the Authority and the Project Entrepreneur agrees to the
with Project
terms and conditions for such Infrastructure Project, the concerned
Entrepreneur.
Government Authority or Government Agency or Local Authority may enter
into Concession Agreement with the Project Entrepreneur as prescribed
which inter alia, shall determine the obligations of the Project Entrepreneur,
representations and warranties, penalties, liquidated damages, liabilities,
nature of concession and benefits to be granted, etc.
(2) It shall be binding on the Project Entrepreneur to complete the Project
within the period as per the agreement.
Nature of 16. (1) The Authority may prescribe the model Concession Agreement
Concession for the purposes of the Act.
Agreement.
(2) The following Concession Agreement with their variations and
combinations may be made,—
(a) design-build-operate-and-transfer ; or
(b) design-build-own-operate-and-transfer ; or
(c) design-build-own-and-operate ; or
(d) develop-operate-and-transfer ; or
(e) any other Concession Agreement as may be prescribed.
(3) The details of the Concession Agreement specified in sub-section (1)
shall be as prescribed in the regulations.
Implementation 17. (1) The concerned Government Authority or Government Agency
of Project. or Local Authority, identified by the Authority shall be responsible for
implementation of the Project either on its own or through any agency.
(2) The Authority shall oversee that the actions carried out by such
Government Authority or Government Agency or Local Authority are
transparent and cause such Government Authority or Government Agency
or Local Authority, report to the Authority in the manner as may be
prescribed.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 9, 2018/SÉèjÉ 19, ¶ÉEäò 1940 9
18. (1) The concerned Government Authority or Government Agency Appointment
or Local Authority may appoint a Transaction Advisor as per the requirements of Transaction
Advisor.
of the Project.
(2) The functions and duties of the Transaction Advisor shall be such as
may be prescribed.
CHAPTER IV
MISCELLANEOUS
19. (1) The Authority shall provide Single Window Clearance for Single Window
administering the proposals in relation to the Infrastructure Project under Clearance.
the Act.
(2) The procedural details of the Single Window Clearance shall be such
as may be prescribed.
(3) The Authority shall from time to time, accept all documents, proposals
and applications under the Act through online mode designated by the
Authority or designated by the State Government for this purpose and any
such document, proposal or application so uploaded shall constitute a valid
submission for the purposes of the Act.
(4) The Government and the Authority shall promote digital system and
e-governance in respect of all matters of the Act.
21 of 20. The provisions of the Information Technology Act, 2000 shall apply Applicability
2000. to the information submitted by any Person or exchanged with any Person in of Information
Technology
respect of any matters relating to the Act.
Act, 2000.
21. (1) The Authority or Government Authority or Government Agency Transparency.
or Local Authority shall ensure transparency in their functioning under the
Act.
(2) Any Person while submitting the proposal to the Authority under
sub-section (1) of section 6 of the Act shall enter into integrity pact with the
Authority.
(3) The details of the integrity pact shall be such as may be prescribed.
22. The State Government may, by notification in the Official Gazette, Delegation of
direct that any power exercisable by the State Government under this Act powers.
(except the power to make rules under section 24) shall be exercisable by an
officer of the State Government, subject to such terms as may be specified in
such notification.
23. The provisions of this Act or the rules made thereunder shall have Act to have
effect notwithstanding anything to the contrary contained in any other law overriding
effect.
for the time being in force.
24. (1) The State Government may, by notification in the Official Power to
Gazette, make rules to carry out the purposes of the Act. make rules.
(2) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session
for a total period of thirty days, which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in
making any modification in rule or both Houses agree that the rule should
not be made, and notify their decision to that effect in the Official Gazette,
the rule shall, from the date of publication of such decision in the Official
Gazette, have effect only in such modified form or be of no effect, as the case
10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 9, 2018/SÉèjÉ 19, ¶ÉEäò 1940
may be ; so however that, any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done
under that rule.
Power of 25. (1) The Authority may, with previous sanction of the Government,
Authority to by notification in the Official Gazette, make regulations consistent with the
make
Act, generally to carry out the purposes of the Act.
regulations.
(2) The Authority shall make the regulations for the following purposes,-
(a) the procedure to be followed by the Authority;
(b) provide the standard forms of agreements and documents;
(c) direction to be issued to the concerned Government Authority
or Government Agency or Local Authority;
(d) any other matters as may be prescribed.
Protection of 26. No suit, prosecution or other legal proceeding shall lie against the
action taken Government, Government Authority or Government Agency or Local
in good faith.
Authority or, any officer or employee of the Government, Government
Authority, Government Agency or Local Authority, for anything done or
purported to have been done in good faith, in pursuance of the provisions of
this Act or rules or regulations made thereunder.
Power to 27. (1) If any difficulty arises in giving effect to the provisions of this
remove Act, the Government may, as occasion arises, by an order published in the
difficulties.
Official Gazette, do anything not inconsistent with the provisions of this Act,
which appears to it to be necessary or expedient for the purposes of removing
the difficulty :
Provided that, no such order shall be made after expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
Repeal of 28. (1) The Maharashtra Infrastructure Development Enabling Mah.
Mah. Ord. VII Authority Ordinance, 2018, is hereby repealed. Ord.
of 2018 and VII of
saving. (2) Notwithstanding such repeal, anything done or any action taken 2018.
(including any notification or order issued) under the said Ordinance, shall
be deemed to have been done, taken or issued, as the case may be, under the
corresponding provisions of this Act.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.