Chapter II ESTABLISHMENT AND COMPOSITION OF AUTHORITY

Infrastructure201828 sections4 chapters

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3. Establishment of Maharashtra Infrastructure Development Enabling Authority.

Statutory text

(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.
(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.

Chapter II ESTABLISHMENT AND COMPOSITION OF AUTHORITY

4. Composition of Authority.

Statutory text

(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.

Chapter II ESTABLISHMENT AND COMPOSITION OF AUTHORITY

5. Powers and functions of Authority.

Statutory text

(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.
(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.

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