Chapter III INFRASTRUCTURE PROJECTS DELIVERY PROCESS

1. (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.
2. (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. (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. (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. (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. (6) The Authority shall take the decision within such period as may be prescribed.
7. (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.

The Authority may reject the proposal if,-

1. (i) such proposal does not fulfil the eligibility criteria provided under section 13; or
2. (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
3. (iii) the information or documents submitted by such Person are not in accordance with the prescribed Forms; or
4. (iv) the contents or information or documents submitted are incomplete or deficient or found to be false; or
5. (v) the Person has failed to make payment of the fees in the manner as may be prescribed; or
6. (vi) any other grounds as may be prescribed.

1. (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. (2) The Authority shall also verify whether the proposal falls within the purview of any Government Authority or Government Agency or Local Authority.
3. (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.
4. (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. (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.

1. (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. (2) The nature of concessions and benefits to be granted to the Original Project Proponent shall be such as may be prescribed.

1. (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.
2. (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.

1. (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.
2. (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.

1. (1) The Authority shall direct the concerned Department to call the bid of the approved Project.
2. (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.

1. (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.
2. (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.

1. (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.
   • (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. (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. (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.

1. (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. (2) It shall be binding on the Project Entrepreneur to complete the Project within the period as per the agreement.

1. (1) The Authority may prescribe the model Concession Agreement for the purposes of the Act.
2. (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. (3) The details of the Concession Agreement specified in sub-section (1) shall be as prescribed in the regulations.

1. (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. (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.

1. (1) The concerned Government Authority or Government Agency or Local Authority may appoint a Transaction Advisor as per the requirements of the Project.
2. (2) The functions and duties of the Transaction Advisor shall be such as may be prescribed.