Maharashtra Infrastructure Development Enabling Authority Act, 2018
No: 28 Dated: Mar, 14 2018
THE MAHARASHTRA INFRASTRUCTURE DEVELOPMENT ENABLING AUTHORITY ACT, 2018
ACT No. XXVIII OF 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 :—
1. Short title and commencement:- (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. Definitions:- 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 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;
(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 ;
(14) “Private Sector Participant” means any Person other than a Public 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 subsection (1) of section 6.