Section 8 in The Maharashtra Infrastructure Development Enabling Authority Act, 2018
8. Declaration of Original Project Proponent.
(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.(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.
