2018: Mah.  XXVIII]

Maharashtra Infrastructure Development Enabling Authority

1

    Act,  2018

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT NO. XXVIII OF 2018.

The  Maharashtra  Infrastructure  Development
Enabling  Authority  Act,  2018.

[ As modified upto 19th December 2018.]

*

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AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY
AND  PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004

2018

[Price—Rs.  29.00]

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Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

2018: Mah.  XXVIII]

  Act,  2018

THE  MAHARASHTRA 

INFRASTRUCTURE  DEVELOPMENT  ENABLING
AUTHORITY  ACT,  2018.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER 

I

PRELIMINARY.

1.

Short  title  and  commencement.

2. Definitions.

.  .

.  .

CHAPTER 

II

ESTABLISHMENT  AND  COMPOSITION  OF  AUTHORITY

3.

Establishment  of  Maharashtra  Infrastructure  Development
Enabling  Authority.

4. Composition  of  Authority.

5.

Powers  and  functions  of  Authority.

.  .

.  .

.  .

CHAPTER 

III

INFRASTRUCTURE  PROJECTS  DELIVERY  PROCESS

6.

Procedure  for  Infrastructure  Projects  delivery.

7. Grounds  of  rejection  of  proposal.

8. Declaration  of  Original  Project  Proponent.

9. Rights  of  Original  Project  Proponent.

10. Submission  of  details  of  Project

11. Publication  of  provisional  declaration  of  Project

12. Competitive  bids.

13. Eligibility  criteria.

14. Assignment  of  Project.

15. Agreement  with  Project  Entrepreneur.

16. Nature  of  Concession  Agreement.

17.

Implementation  of  Project.

18. Appointment  of  Transaction  Advisor.

CHAPTER 

IV

MISCELLANEOUS.

19.  Single  Window  Clearance.

20. Applicability  of  Information  Technology  Act,  2000.

21. Transparency.

22. Delegation  of  powers.

23. Act  to  have  overriding  effect.

24. Power  to  make  rules.

25. Power  of  Authority  to  make  regulations.

26. Protection  of  action  taken  in  good  faith.

27. Power  to  remove  difficulties.

28. Repeal  of  Mah.  Ord.  VII  of  2018  and  saving.

H 651–1

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2018: Mah.  XXVIII]

Maharashtra Infrastructure Development Enabling Authority

MAHARASHTRA ACT No. XXVIII OF 20181.

    Act,  2018

3
1

[THE  MAHARASHTRA  INFRASTRUCTURE  DEVELOPMENT  ENABLING
AUTHORITY ACT,  2018].

(This Act received the assent of the Governor on the 7th April 2018; assent
first published in the Maharashtra Government Gazette, Part IV, 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,  therefore,  promulgated  the  Maharashtra
Infrastructure  Development  Enabling  Authority  Ordinance,  2018,  on  the  23rd
February 2018 ;

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 :—

Mah.
Ord. VII
of 2018.

CHAPTER 

I

PRELIMINARY

Short title and
commence-
ment.

Definitions.

1.

(1) This Act may be called the Maharashtra Infrastructure Development

Enabling Authority Act, 2018.

(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;

1. For Statement of Objects and Reasons (in English) see Maharashtra  Government Gazette,  Part V-A,
Extraordinary No. 10, dated the 14th March 2018, pages 11 and 12.

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Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

  Act,  2018

(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 Reserve 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 Samitis Act, 1961;

(ii)  in  relation  to  the  Municipal  Corporation  means  the  Municipal
Corporations constituted under the Mumbai Municipal Corporation Act or,
as the case may be, the Maharashtra Municipal Corporations Act ;

(iii)  in  relation  to  the  Municipal  Council, Nagar  Panchayat
or Industrial Township means the Municipal Council, Nagar Panchayat or
Industrial  Township,  as  the  case  may  be,  constituted  under  the
Maharashtra  Municipal  Councils, Nagar  Panchayats  and  Industrial
Townships Act, 1965; or

(iv) any other authority treated as Local Authority under any other

law for the time being in force;

Mah. V
of 1962.

III of 1888.
LIX of
1949.

Mah. XL of
1965.

(10)  “Maharashtra  Infrastructure  Projects  Policy”  means  the  policy
declared  by  the  State  Government,  from  time  to  time,  for  promotion  and
development of Infrastructure Projects, including Public Private Partnerships
in Infrastructure Sectors;

(11) “Original Project Proponent” means a person who has submitted the
Unsolicited Proposal to the Authority and declared as Original Project Proponent
under sub-section (3) of section 8 ;

(12)  “Person”  includes  any  Private  Sector  Participant  or  Public  Sector
Participant, company or body corporate or association or body of individuals,
whether incorporated or not ;

(13) “prescribed” means prescribed by rules made under the Act ;

2018: Mah.  XXVIII]

Maharashtra Infrastructure Development Enabling Authority

5
3

(14) “Private Sector Participant” means any Person other than a Public

    Act,  2018

Sector Participant;

(15) “Project Entrepreneur” means the Person to whom the project has

been  assigned  after  final  bid  and  declared  as  Project  Entrepreneur  by  the

Authority under sub-section (3) of section 14 ;

(16)  “Public  Private  Partnerships”  means  a  mode  of  procurement  of

Infrastructure Projects through a combination of public and private participation;

(17) “Public Sector Participant” means and includes,—

(a) Central Government, State Government, Government Agency,

Government Authority, Government Company or Local Authority; or

(b) any joint venture by any Public Sector Participant with Private

Sector Participant;

(18) “regulations” means regulations made by the Authority under the Act ;

(19) “rules” means rules made under the Act ;

(20) “Transaction Advisor” means a person appointed by the Government

Authority,  Government  Agency  or  Local  Authority  under  sub-section  (1)  of

section 18 ;

(21) “Unsolicited Proposals” means the proposals in Infrastructure Sectors,

for promotion and development of Infrastructure Projects as per the Maharashtra

Infrastructure Projects Policy of the Government with innovative ideas, new

concepts, new or modern technologies, submitted by any Person under sub-

section (1) of section 6.

CHAPTER  II

Establishment And Composition Of Authority.

3.

(1) As soon as may be, after the commencement of the Act, the State

Government shall, by notification in the Official Gazette, establish a Authority to be

called the Maharashtra Infrastructure Development Enabling Authority, to exercise

the powers conferred on it and perform the functions assigned to it under the Act.

Establishment of
Maharashtra
Infrastructure
Development
Enabling
Authority.

(2)  The  Authority  shall  be  a  body  corporate  by  the  name  aforesaid  having

perpetual succession and a common seal, with the power, subject to the provisions

of the Act, to acquire, hold and dispose of property, both moveable and immoveable,

to do all things incidental and necessary for the purposes of the Act, and to contract,

and shall, by name sue or be sued.

(3)  The  head  office  of  the  Authority  shall  be  at  such  place  as  the  State

Government may specify.
(G.C.P.) H 651—2 (4068—12-2018)

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4

Composition
of Authority.

Powers  and
functions of
Authority.

Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

  Act,  2018

4.

(1) The Authority shall consist of the Chief Secretary and Additional Chief
Secretary, Principal Secretary or Secretary, as the case may be, of the Departments
of the State Government, as may be specified by the Government, by notification in
the Official Gazette, from time to time.

 (2)  The Government may appoint such other expert Members in such field as

may be prescribed.

  (3)  The  Chief  Secretary  shall  be  the  Chairperson  and  Secretaries  of  the

Departments shall be the ex officio Members of the Authority.

 (4) The Secretary of the concerned Department, to which the project pertains

shall act as the Member-Secretary of the Authority.

5.

(1)  The  Authority  shall  exercise  the  following  powers  and  perform  the

following functions, namely :—

 (a) to receive all proposals and certify whether the project qualifies to be
the Infrastructure Project,  keeping in mind the overall objectives of the State
Government  and  the  provisions  of  the  Maharashtra  Infrastructure  Projects
Policy;

 (b) to receive, consider and process the proposals for development of
the Infrastructure Projects and to recognize and grant the status of ‘Original
Project Proponent’ or ‘Project Entrepreneur’, as the case may be;

  (c)  to  facilitate  co-ordination  between  the  Government  Authority,
Government Agency, Local Authority or the concerned Department of the State
Government, and the Original Project Proponent or Project Entrepreneur, as
the case may be;

 (d) to promote the competitive bidding of the Infrastructure Projects;

 (e) to select Project Entrepreneur for the implementation of Infrastructure
Projects by making appropriate recommendations to the Government Authority,
Government Agency, Local Authority or the State Government;

 (f) to identify and leverage inter-sectorial or inter-project linkages;

 (g) to recommend and approve standard form of documents relating to

the Infrastructure Projects;

 (h) to identify and encourage use of new concepts, new technologies,

intellectual property rights in the Infrastructure Projects;

 (i) to resolve issues relating to the approvals of the Infrastructure Projects;

 (j) to recommend time limit for approval of Infrastructure Projects;

 (k) to periodically review the status of the Infrastructure Projects;

 (l) to approve sectorial policies and model contract principles;

 (m) to discharge such other functions as may be prescribed.

(2) The Authority may appoint officers of the Government as the Designated

Officers for the purposes of implementing the provisions of the Act.

(3) The Authority may in respect of the specific Infrastructure Project, delegate
its  functions  to  the  concerned  Department  of  the  Government  or  Government
Authority, the Government Agency or the Local Authority, as the case may be,  in
such manner as may be prescribed.

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Maharashtra Infrastructure Development Enabling Authority

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5

    Act,  2018
(4) The Authority shall advise the State Government on all or any of the following

matters, namely :—

 (a) formulation of the Maharashtra Infrastructure Projects Policy;

 (b) promotion and use of new concepts, new ideas, innovation, efficiency
and  economy  in  harnessing  the  proposals,  awarding  contracts  and  overall
development of Infrastructure Projects in the State;

 (c) promotion of investment in the Public Private Partnerships;

(d) any other matter referred to the Authority by the State Government.

(5) The Authority shall ensure transparency while exercising its powers and

discharging its functions.

CHAPTER  III

INFRASTRUCTURE PROJECTS DELIVERY PROCESS

6.

(1) Any Person desirous of developing any Infrastructure Project in the
Infrastructure Sectors, shall submit the proposal to the Authority in such form, in
such manner, with such documents and with such details along with such fee as
may be prescribed.

Procedure for
Infrastructure
Projects delivery.

 (2) On receipt of the proposal under sub-section (1), the Authority shall, on the
basis of the information furnished to it, ascertain whether such proposal  is, prima
facie, a Unsolicited Proposal and qualifies to certify as the Infrastructure Project
specified in the rules and is in consonance with the overall objectives of the State
Government and to the provisions of the Maharashtra Infrastructure Projects Policy.

 (3) The Authority shall not qualify such proposal as  Infrastructure Project, if

such proposal,—

(a) contravenes any existing laws;

(b) results in the creation of a monopoly;

(c) is less than the value of the Infrastructure Project as prescribed ;

(d) is out of the Infrastructure Sectors or sub-sectors as prescribed ;

(e) requires viability gap funding ; or

(f)  does  not  involve  use  of  modern  technology,  or  new  concept  or

innovative financing.

 (4)  If the  Authority is  satisfied  that the  proposal  is in  consonance with  the
overall objectives of the State Government and the provisions of the Maharashtra
Infrastructure Projects Policy, the Authority may grant a Certificate to the Person in
the prescribed format. If the proposal is not approved, the Authority shall communicate
its decision to such Person with reasons.

 (5) If the Authority is satisfied that the proposal submitted by the Person under
sub-section  (1)  is  adequate  to  declare  as  the  ‘Original  Project  Proponent’,  the
Authority may, with the prior approval of the Government, declare such Person as
the ‘Original Project Proponent’ under clause (b) of sub-section (3) of section 8, for
such Infrastructure Project.

  (6)  The  Authority  shall  take  the  decision  within  such  period  as  may  be

prescribed.

 (7) When the Certificate is granted under sub-section (4), the Authority shall
seek further information as may be prescribed, pertaining to such proposal from
such Person. Such Person shall submit the information online to the Authority in
such manner and within such period as may be prescribed.

H 651—2a

8
6

Grounds of
rejection of
proposal.

Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

7. The Authority may reject the proposal if,—

  Act,  2018

(i)  such proposal does not fulfil the eligibility criteria provided under section

13; or

 (ii) such Person fails to furnish the appropriate information or documents
or the clarifications sought by the Authority, within the time communicated to it;
or

 (iii) the information or documents submitted by such Person are not in

accordance with the prescribed Forms; or

 (iv)  the contents or information or documents submitted are incomplete

or deficient or found to be false; or

 (v) the Person has failed to make payment of the fees in the manner as

may be prescribed; or

 (vi) any other grounds as may be prescribed.

Declaration  of
Original
Project
Proponent.

8.

(1) The Authority shall within prescribed period, from the date of receipt of
the information sought under sub-section (7) of section 6, ascertain as to whether
the proposal submitted is an Unsolicited Proposal or not and as per the Maharashtra
Infrastructure Projects Policy. The Authority shall while ascertaining the said proposal
consider the following parameters :—

(a) whether such proposal addresses any public need;

(b) whether there is any on-going process (Public Private Partnership or

otherwise) that is addressing the same public need;

(c)  whether  such  proposal  envisages  substantial  new  technology  or
innovation  or  contains  proprietary  intellectual  property  rights  or  innovative
financing or financial structuring for Infrastructure Project of a value not less
than the value prescribed by the State Government, from time to time, in respect
of the Infrastructure Project; which in turn,—

(i) enables reduction of project cost; or

(ii) reduces project completion time; or

(iii) enhances the quality of infrastructure; or

(iv)  substantially  adds  value  in  respect  of  incremental,  emergent  or

revolutionary changes in products, services and processes; or

(v) substantially reduces financial burden on the State Government or

Government Authority or Government Agency or Local Authority.

(2) The Authority shall also verify whether the proposal falls within the purview

of any Government Authority or Government Agency or Local Authority.

(3) If the Authority is satisfied that,—

(a) the proposal is as per the provisions of the Act and the rules made

thereunder and as per the Maharashtra Infrastructure Projects Policy; and

(b) the proposal submitted by the Person under sub-section (1) of section

6, is adequate to declare such Person as the ‘Original Project Proponent’,

the Authority may, with the approval of the Government, declare such Person

as an ‘Original Project Proponent’ for such Infrastructure Project.

2018: Mah.  XXVIII]

Maharashtra Infrastructure Development Enabling Authority

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7

    Act,  2018

(4) In the event, when the Authority decides that the proposal is not,—

(i) an Unsolicited Proposal ;
(ii) as per the Maharashtra Infrastructure Projects Policy ; and
(iii) in accordance with the rules made under the Act,

the Authority shall communicate its decision to such Person alongwith reasons

thereof.

 (5) The declaration made by the Authority under sub-section (3), as the Original
Project Proponent of the Infrastructure Project shall be valid for a period of one
year.

9.

(1) If the Original Project Proponent agrees to the terms and conditions for
such  Infrastructure  Project,  the  Original  Project  Proponent  shall  enter  into  an
Agreement in such manner as may prescribed which inter alia, shall determine the
obligations of the Original Project Proponent, representations and penalties, liquidated
damages, liability, nature of concessions and benefits to be granted, etc. to the
Original Project Proponent.

 (2) The nature of concessions and benefits to be granted to the Original Project

Proponent shall be such as may be prescribed.

Rights of
Original  Project
Proponent.

10.

(1) The Authority shall direct the Original Project Proponent to submit
such Detailed Project Report (DPR), and other details within such period as may be
prescribed.

Submission
of details of
Project.

 (2) If the Original Project Proponent fails to submit the details of Project within
the prescribed period, the Original Project Proponent will have no right over the said
Project.

11.

(1) The Authority shall, with the approval of the Government, publish the
information about the provisional declaration of the Original Project Proponent for
such Infrastructure Project, on the website designated by the Authority and also
simultaneously  in  the  newspapers  (one  in  English  and  one  in  Marathi)  having
circulation in the area, for calling objections from the affected persons, in the manner
prescribed.

Publication  of
provisional
declaration  of
Project.

 (2) If objections are received from the affected persons, the Authority shall
hear such objections in such manner as may be prescribed and shall take the final
decision on the said Project.

12.

(1) The Authority shall direct the concerned Department to call the bid of

the approved Project.

Competitive
bids.

  (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 under
sub-section (1) of section 6 or competitive bidder for the Project shall be such as
may be prescribed.

Eligibility
criteria.

 (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,—

(a) the proposal of the Original Project Proponent is in deviation of 10 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.

Assignment of
Project.

10
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Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

  Act,  2018

(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.

15.

(1) If the Authority and the Project Entrepreneur agrees to the terms and
conditions for such Infrastructure Project, the concerned 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.

16.

(1) The Authority may prescribe the model Concession Agreement for

the purposes of the Act.

(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

Agreement
with Project
Entrepreneur.

Nature of
Concession
Agreement.

(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
of  Project.

17.

(1) The concerned Government Authority or Government Agency 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.

2018: Mah.  XXVIII]

Maharashtra Infrastructure Development Enabling Authority

    Act,  2018

18.

(1) The concerned Government Authority or Government Agency or Local
Authority may appoint a Transaction Advisor as per the requirements of the Project.

(2) The functions and duties of the Transaction Advisor shall be such as may

be prescribed.

11
9

Appointment
of Transaction
Advisor.

CHAPTER  IV

MISCELLANEOUS

19.

(1) The Authority shall provide Single Window Clearance for administering

the proposals in relation to the Infrastructure Project under the Act.

Single  Window
Clearance.

(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
2000.

20. The provisions of the Information Technology Act, 2000 shall apply to the
information submitted by any Person or exchanged with any Person in respect of
any matters relating to the Act.

Applicability  of
Information
Technology
Act, 2000.

21.

(1)  The  Authority  or  Government  Authority  or  Government  Agency  or

Transparency.

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, direct
that any power exercisable by the State Government under this Act (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.

Delegation  of
powers.

23. The provisions of this Act or the rules made thereunder shall have effect
notwithstanding anything to the contrary contained in any other law for the time
being in force.

Act to have
overriding
effect.

24.

(1) The State Government may, by notification in the Official Gazette,

make rules to carry out the purposes of the Act.

Power to
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 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.

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10

Maharashtra Infrastructure Development Enabling Authority

[2018: Mah.  XXVIII

  Act,  2018

Power of
Authority to
make
regulations.

25.

(1)  The  Authority  may,  with  previous  sanction  of  the  Government,  by
notification in the Official Gazette, make regulations consistent with the Act, generally
to carry out the purposes of the Act.

 (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
action taken in
good faith.

26. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the
Government, Government Authority or Government Agency or Local 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
remove
difficulties.

27.

(1) If any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion arises, by an order published in the 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.

28.

(1) The  Maharashtra  Infrastructure  Development  Enabling  Authority

Ordinance, 2018, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (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.

Mah.
Ord.  VII
of
2018.

Repeal  of
Mah. Ord. VII
of 2018 and
saving.

GOVERNMENT CENTRAL PRESS, MUMBAI

