MAHARASHTRA INFRASTRUCTURE DEVELOPMENT ENABLING AUTHORITY RULES, 2018

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 24 of the Maharashtra Infrastructure Development Enabling Authority Act, 2018 (Mah. Act. XXVIII of 2018), and of all other powers enabling it in that behalf, the Government of Maharashtra is hereby makes the following rules, namely:-

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Maharashtra Infrastructure Development Enabling Authority Rules, 2018.

(2)     They shall come into force on the date of publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Competitive Bidder" means a Person or lead member (in case of joint venture or consortium), who participate in the competing bids for Infrastructure Project;

(b)      "Form" means form appended to the rules;

(c)      "Government Company" means the Government Company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);

(d)      "International Competitive Bidding" means a bidding process under which bidders from all over the world, except those having nationality of a country declared ineligible by the Government of India, are allowed to participate;

(e)      "National Competitive Bidding" means a bidding process in which bidders the territory of from within, India, are allowed to participate;

(f)       "Net Worth" shall have the same meaning as defined in clause (57) of section 2 of the Companies Act, 2013 (18 of 2013);

(g)      "Act" means the Maharashtra Infrastructure Development Enabling Authority Act, 2018 (Mah. Act, XXVIII of 2018);

(h)     "Portal" means such website that serves as gateway for electronic operation, processing of applications and competitive bids, specified in these rules;

(i)       "proposal" means an Unsolicited Proposal as defined in sub-section (21) of section 2;

(j)       "Schedule" means Schedule appended to these rules.

(2)     Words and expressions used but not defined herein shall have the same meaning respectively assigned to them under the Act. 

CHAPTER II OTHER MEMBERS OF THE AUTHORITY

Rule - 3. Appointment of other Members of the Authority.

(1)     For the purpose of sub-section (2) of section 4, the State Government may appoint the expert Members, from time to time, on the Authority, who have adequate knowledge of, or experience in, or shown capacity in, dealing with problems relating to,-

(a)      Infrastructure Sector;

(b)      law;

(c)      agriculture;

(d)      industry; and

(e)      finance.

(2)     The expert Members appointed under sub-rule (1), shall hold office for a period of three years or at the pleasure of the Government.

(3)     The expert Members appointed under sub-rule (1), shall not be more than five.

(4)     The remuneration and allowances payable to such expert Members shall be as provided by Government Order.

CHAPTER III INFRASTRUCTURE SECTORS

Rule - 4. Infrastructure Sector and value of projects.

(1)     The proposal for Infrastructure Project submitted under sub-section (1) of section 6 shall be within the Infrastructure Sectors and sub-sectors as specified in Schedule A.

(2)     The value of the proposal of the Infrastructure Project shall not be less than the value specified in Schedule A.

CHAPTER IV ELIGIBILITY CRITERIA

Rule - 5. Eligibility of applicant or bidder.

(1)     The eligibility criteria for submission of proposal for any Person under sub-section (1) of section 6 or for competitive bidder specified in sub-section (1) of section 13, shall be as under,

(a)      has minimum average turnover of 100% of the estimated project cost in the last three financial years, and in case of joint venture or consortium, average turnover of minimum 100% of project cost in last three financial years by lead Member;

(b)      net Worth of minimum 25% of the estimated project cost, and in case of joint venture or consortium a Net Worth of lead member shall not be less than 25% of the estimated project cost;

(c)      completed or substantially completed at least one Infrastructure Project, of which cost shall not be less than 50% of total estimated project cost over the last ten years and in case of joint venture or consortium, such project shall be completed by lead member. A project shall be considered as substantially completed, if at least 90% of such project is financially completed;

(d)      not been blacklisted by the Central Government or any State Government or any Government Authority or Government Agency or Local Authority or Government Company or statutory authority or public sector undertaking, or Financial Institution;

(e)      does not have a conflict of interest that affects the procedure for Infrastructure Projects delivery process under section 6 or the open competitive bidding process under rule 14. The conflict of interest shall be verified as per the criteria issued by the Ministry of Expenditure, Government of India, from time to time, or as prescribed by the Authority.

(2)     The eligibility criteria specified in sub-section (1) may be revised by the Authority as per the requirements of the specific Project.

(3)     The Person shall fulfill the prequalification or qualification criteria or parameters for bidders, as above or as per the bid document issued by the Authority from time to time and for open bidding, Competitive Bidder shall fulfill the prequalification or qualification criteria as specified in bid document issued for competitive bids. The qualification criteria under this clause shall govern over the criteria prescribed in sub-rule 1 above.

CHAPTER V PROCEDURE FOR SUBMISSION OF PROPOSAL

Rule - 6. Procedure for submission of proposal.

(1)     The Person who fulfills the eligibility criteria specified in rule 5 shall eligible to submit the proposal under section 6.

Explanation.-The Person shall include the lead Member (in case of a joint venture or consortium).

(2)     Any Person, desirous of developing the infrastructure Project specified in Schedule A, shall submit the proposal under sub-section (1) of section 6, in Form 1, along with requisite documents, details of prefeasibility report in line with Form 2 and Certificates in Form 3.

(3)     The proposal shall be along with non-refundable fee of rupees ten thousand in the form of Demand Draft or any other method prescribed by the Authority, by the name of the Authority.

(4)     The Person shall upload the scanned copy of duly filled up and signed Forms 1, 2 and 3 (along with copies of all supporting documents annexed thereto), on the Web Portal designated by the Authority. The Person shall also within a period of seven working days from the date of such online submission, physically submit the duly filled up and signed uploaded documents to the Authority.

Explanation.-For the purposes of the Act and these rules, the date of submission of the duly filled up and signed Forms and documents with the Authority shall be considered as the date of submission of the proposal.

(5)     The Designated Officer of the Authority shall place the proposal before the Authority.

Rule - 7. Declaration of status of proposal.

(1)     If the Authority is satisfied that the proposal submitted under rule 6 is adequate to declare such proposal as Infrastructure Project, the Authority shall declare such Project as the Infrastructure Project.

(2)     The Authority shall issue a Certificate in Form 4 to such Person.

(3)     The Authority shall take the decision within thirty days from the date of receipt of the proposal under sub-rule (4) of rule 6.

CHAPTER VI ORIGINAL PROJECT PROPONENT AND OBJECTIONS

Rule - 8. Declaration of Original Project Proponent.

(1)     Upon grant of Certificate under sub-rule (2) of rule 7, the Authority shall ascertain whether such Person can be qualified as the Original Project Proponent for such Infrastructure Project or not.

(2)     If the Authority is satisfied that, the proposal submitted by the Person under rule 6 is adequate to declare such Person as the 'Original Project Proponent' under sub-section (3) of section 8, the Authority may, with the approval of the Government, declare such Person as 'Original Project Proponent' of such Infrastructure Project.

(3)     The decision of the Authority as to declaring the person as the Original Project Proponent of the Project, under sub-section (3) of section 8, shall be taken within a period of thirty days from the date of receipt of the proposal:

Provided that, if the Authority decides to reject the proposal, such decision shall be communicated within a period of thirty days from the date of receipt of the proposal.

(4)     If the Authority is satisfied that, it is necessary to seek the further information or detailed proposal under sub-section (7) of section 6 from such Person, the Authority may call the detailed proposal and financial offer as specified in rule 9.

(5)     Upon receipt of detail proposal including Detailed Project Report in Forms 5 and 6, if the Authority is satisfied that, the proposal and the information submitted is adequate, the Authority may, if such Person has not been declared as 'Original Project Proponent' under sub-rule (2), declare such person as Original Project Proponent, with approval of the Government, for such Infrastructure Project under sub-section (3) of section 8.

(6)     The Authority shall scrutinize the Detailed Project Report submitted by the Original Project Proponent and to give approval to such proposal.

(7)     No changes shall be permitted in the Detailed Project Report once it is approved by the Authority. However, it may seek clarifications with respect to the Detailed Project Report from such Original Project Proponent and these clarifications shall be attached as an addendum to such Detailed Project Report.

(8)     The Authority may independently carry out additional study for determining the project cost, project revenues, viability and risk analysis, etc., to ensure proper benchmarking.

Rule - 9. Calling of detailed proposal and financial offer.

(1)     As required by sub-section (7) of section 6 and sub-rule (4) of rule 8, the Authority may call the following information or detailed proposal from such Person or Original Project Proponent,-

(a)      the detailed and comprehensive proposal in Form 6;

(b)      the Detailed Project Report (except proprietary technology details) in line with the requirements specified in Form 5;

(c)      a self-declaration in the manner and as may be required by the Authority;

(d)      details of proprietary intellectual property rights, know-how and show-how pertaining to the new/modern technology in the Infrastructure Project, in the manner provided by the Authority;

(e)      total estimated cost of the proposed Infrastructure Project, including financial proposal, Financial Internal Rate of Return (IRR), etc;

(f)       the detail information about qualification of such Person or Original Project Proponent provided in rule 5 along with detail documents specified in rule 27;

(g)      project financial summary with offer in Form 7, to be submitted in separate envelope marked as "financial proposal";

(h)     such other documents as provided in check list in Form 8;

(i)       interest-free Earnest Security amount 0.05% of the total estimated cost of the Project through demand draft or bank guarantee or any other form prescribed by the Authority, with a validity period of not less than one hundred and eighty days commencing from the date of submission of detailed and Comprehensive Proposal (including claim period of sixty days), to be extended as may be mutually agreed, from time to time.

(j)       such other additional information as the Authority deems fit in connection with such Infrastructure Project.

(2)     The information specified in clauses (a) to (f) of sub-rule (1) shall be submitted in envelope marked as "Technical Proposal".

(3)     The Person or Original Project Proponent shall within a period of three months from the receipt of the communication under sub-rule (1) or within the extended period granted by the Authority, submit the detailed proposal along with such documents specified thereunder on the Web Portal designated by the Authority. The Person or Original Project Proponent shall also within a period of seven working days from the date of such online submission, physically submit the copies of the duly filled up and signed uploaded documents to the Authority.

(4)     The Person or Original Project Proponent shall ensure that the financial proposal and the documents relating thereto shall be duly verified by a qualified Chartered Accountant having minimum ten years of practice.

Rule - 10. Agreement with Original Project Proponent.

(1)     If the Original Project Proponent agrees to the terms and conditions for such Infrastructure Project, the Authority shall enter into an agreement with such Original Project Proponent as provided in sub-section (1) of section 9 in the form prescribed by the Authority.

(2)     The Authority shall enter into an agreement with such Person after declaration of such Person as Original Project Proponent under sub-rule (2) or (5) of rule 8.

Rule - 11. Nature of concession and benefits to Original Project Proponent.

The following concessions and benefits may be granted to the Original Project Proponent under sub-section (2) of section 9 by the Authority,-

(a)      if the proposal of the Original Project Proponent has deviation of less than ten per cent. compared to the lowest or most beneficial bidder, the Original Project Proponent has right to match his proposal with such lowest or most beneficial bid;

(b)      right to participate directly in the final round of the competitive bid;

(c)      entitle to reimbursement of the cost of the Detailed Project Report, if the Project is implemented; and

(d)      right to intellectual property shall be protected, he may license the intellectual property rights associated with the Unsolicited Proposal to the successful bidder.

Rule - 12. Procedure for publication.

Where the Authority has declared the proposal as Infrastructure Project under sub-rule (1) of rule 7 and a Person as the Original Project Proponent for such Infrastructure Project under sub-rule (2) or (5) of rule 8, the Authority shall through concerned Member-Secretary, publish a provisional declaration of such Infrastructure Project and Original Project Proponent on the Web Portal designated by the Authority and at least one daily newspaper in Marathi and English languages having circulation in that area in such form as directed by the Authority, for calling objections from affected persons.

Rule - 13. Procedure for dealing with objections.

(1)     The interested person or any person directly affected in connection with the declaration made under rule 12 may, within a period of thirty days from the date of such publication, may submit the objections to the Authority against such Infrastructure Project or against such Person as the Original Project Proponent for such Infrastructure Project, in the manner as may be required by the Authority, on the ground that, -

(a)      there is already ongoing process (Public Private Partnership or otherwise) that is addressing similar public need;

(b)      the Original Project Proponent has wrongfully obtained the proprietary intellectual property rights or know how or show how or any part thereof from itself or from a person under or from whom it claims;

(c)      the proprietary intellectual property rights or know how or show how or any part thereof has been published before the date of submission of such proprietary intellectual property rights or know how or show how or any part thereof, before the Authority by such Original Project Proponent;

(d)      the proposed Infrastructure Project obviously and clearly does not involve substantial new technology or new innovation or innovative financing;

(e)      the proposed Infrastructure Project involves technology or innovation which is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere;

(f)       affect any person;

(g)      any other ground related to the Project and its implementation.

(2)     The objections shall be heard by the Member-Secretary or his representative. Any objections in respect of sub-rule (1) shall be promptly conveyed to the Original Project Proponent for examination. The Original Project Proponent shall submit his clarification to the Member-Secretary or his representative within ten days.

(3)     The Authority shall take the final decision on such objections within fifteen days. 

CHAPTER VII OPEN COMPETITIVE BID

Rule - 14. Procedure of competitive bidding.

(1)     The Authority shall after publication of provisional declaration of the Project under rule 12 and after completion of hearing procedure under rule 13, take final decision on the Project with the approval of the Government. The Authority may direct the concerned Department or the Government Authority, Government Agency or Local Authority responsible for the implementation of the Project, to invite the competing bids.

(2)     The tender notice of competitive bids shall be uploaded on the Web Portal designated by the Authority and shall also be caused to be published in the newspapers in the following manner,-

(i)       District Level - one newspaper;

(ii)      State Level (Marathi and English) - two newspapers each;

(iii)     National Level (English and Hindi) - two newspapers each.

(3)     In case, when the bids are invited at International Level, the heading of International Competitive Bidding shall be used and necessary publicity for such bidding shall be made.

(4)     In the bidding documents, the following contents shall also be incorporated,-

(a)      the name of the administrative Department;

(b)      necessary clearances or approvals from respective Authority or Department to be obtained by the successful bidder;

(c)      the financial proposal and the documents relating thereto shall be duly verified by a qualified chartered accountant having minimum ten years of practice;

(d)      any other requirement relating to the bids.

(5)     The bidding documents shall clearly mention that the bidding process which is being taken up is pursuant to the Unsolicited Proposal received.

(6)     The detail information for qualification of competitive bidder provided in rule 5 along with detail documents specified in rule 27 shall be incorporated in bidding documents.

(7)     The Detailed Project Report (except for proprietary technology details) shall be shared with prospective bidders, so as to ensure fair competition and for providing an opportunity for a competitive bidding process.

(8)     The competitive bidding shall be by single stage bidding process.

(9)     The competing bidders shall submit the requisite Earnest Security of 0.05% of the cost of Project as per Detailed Project Report submitted by Original Project Proponent and approved by the Authority. The form and validity of the Earnest Security shall be as specified in clause (i) of sub-rule (1) of rule 9. The Earnest Security furnished by the successful bidder may be adjusted against the bid security.

(10)   The necessary clause relating to deposition of cost of Detailed Project Report with Member Secretary or his representative by the successful bidder and payment of such cost to the Original Project Proponent shall be incorporated in the bid document for the competitive bidding.

(11)   The Authority shall ensure that the competitive bid process in respect of such Infrastructure Project is conducted within the time frame specified in Schedule B.

(12)   The Government Authority or Government Agency or Local Authority responsible for implementation of the Infrastructure Project, as identified by the Authority under subsection (1) of section 17, shall adopt the National Competitive Bidding (NCB) process. The International Competitive Bidding (ICB) process may be adopted, if there is such a condition of adopting International Competitive Bidding for certain procurements under an obligation of an agreement with an Intergovernmental International Financing Institution, or the subject matter of procurement is such that, in the opinion of such Government Authority or Government Agency or Local Authority, it will be in the public interest to adopt International Competitive Bidding, after recording reasons.

(13)   The concerned Government Authority or Government Agency or Local Authority shall consider the competitive bids only if, minimum three qualified bids are received in respect of an Infrastructure Project in the first call. If in the second call, less than three qualified bids are received, the bids shall be considered. If in the second call, no qualified bid is received, the Authority shall take the final decision in respect of such Infrastructure Project.

(14)   The concerned Government Authority or Government Agency or Local Authority, after technical qualification of bidders in open competition, shall open the Financial Proposals of bidders in presence of Original Project Proponent and competitive bidders who prefers to remain present during opening of financial bids.

(15)   The concerned Government Authority or Government Agency or Local Authority, with the approval of Authority, may negotiate the offer of the lowest or most beneficial competitive bidder.

(16)   The Financial Proposal of the Original Project Proponent in Form 7 shall be opened in the presence of Original Project Proponent and the competitive bidders who prefers to remain present during opening of financial proposal of the Original Project Proponent:

Provided that, the financial proposal of the Original Project Proponent shall be opened after negotiation of the offer of the lowest or most beneficial competitive bidder provided in sub-rule (15).

Rule - 15. Selection of Project Entrepreneur.

(1)     After opening of bids,-

(a)      if the financial proposal of the Original Project Proponent is in deviation of less than 10 per cent. compared to the lowest or most beneficial competitive bidders, the Authority shall give opportunity to the Original Project Proponent to match his proposal with the lowest or most beneficial competitive bid. If the Original Project Proponent has not matched his proposal within the period specified, the Authority shall select the lowest or most beneficial bidder in accordance with the evaluation criteria specified in the bidding documents;

(b)      if the proposal of the Original Project Proponent is in deviation of 10 per cent. or more, compared to the lowest or most beneficial competitive bid, the Authority may grant the project to the lowest or most beneficial competitive bidder and there upon the Original Project Proponent will lose its status as Original Project Proponent.

(2)     The Person or bidder who is selected in the bid and to whom the Project has been assigned shall be called as the Project Entrepreneur of the Project as declared under subsection (3) of section 14.

Rule - 16. Assignment of Project and security deposit.

After selection of the Project Entrepreneur of the Project under sub-rule (2) of rule 15, the selected Project Entrepreneur shall after receipt of Letter of Award, pay the security deposit within the period prescribed in the tender documents. If the selected Project Entrepreneur fails to submit the security deposit, his Earnest Security Deposit shall be forfeited. 

CHAPTER VIII CONCESSION AGREEMENT

Rule - 17. Concession Agreement.

(1)     The Project Entrepreneur and the concerned Government Authority or Government Agency or Local Authority may enter into Concession Agreement within fifteen days of issue of Letter of Award or within a period as specified in the bidding documents, whichever is earlier. The Model Concession Agreement issued by the Department of Expenditure, Ministry of Finance, Government of India with necessary modifications shall be used with the approval of the Authority for such Concession Agreement.

(2)     The terms and conditions of such Concession Agreement shall be in consonance with the agreement entered into with the Original Project Proponent under sub-section (1) of section 9 and rule 10.

Rule - 18. Implementation of Project.

The Government Authority or Government Agency or Local Authority, who is responsible for implementation of the Infrastructure Project shall, from time to time, report to the Authority, in the manner provided by the Authority.

CHAPTER IX DETAILED PROJECT REPORT

Rule - 19. Detailed Project Report (DPR) preparation cost.

(1)     The cost of preparing the Detailed Project Report shall be mentioned by the Original Project Proponent in Form 6 being the detailed and comprehensive proposal. Such cost shall be inclusive of any external pay out, internal cost, out of pocket expenses and taxes incurred by the Original Project Proponent while preparing the Detailed Project Report. The expenses incurred by the Original Project Proponent shall be submitted with original receipts.

(2)     The committee constituted by the concerned Member Secretary of the Infrastructure Project shall negotiate the cost of preparation of the Detailed Project Report with the Original Project Proponent and ensure that, such assessment of the Detailed Project Report preparation cost is reasonable and justifiable. The reimbursement of preparation cost of Detailed Project Report, to the Original Project Proponent shall not be more than 0.1% of the final accepted bid price of the Project.

(3)     In case the Project is allotted to a Person other than the Original Project Proponent, the amount of the cost of preparation of the Detailed Project Report shall be recovered from successful bidder and reimbursed to the Original Project Proponent by Member Secretary of the Infrastructure Project or the person authorized by him:

Provided that, the Original Project Proponent shall not be entitled for the cost of preparation of the Detailed Project Report, if he fails to pay the Earnest Security. 

CHAPTER X TRANSACTION ADVISOR

Rule - 20. Appointment of Transaction Advisor.

(1)     The Government Authority or Government Agency or Local Authority may appoint the Transaction Advisor under sub-section (1) of section 18, for the Project as per their requirements.

(2)     The expenses to be incurred on Transaction Advisor shall be paid by the concerned Government Authority or Government Agency or Local Authority, as the case may be.

Rule - 21. Functions and duties.

The functions and duties of the Transaction Advisor shall be as under:-

(a)      examining the Detailed Project Report submitted under sub-section (1) of section 10 and rule 9, with respect to technology, technical specifications, cost estimates, drawings, Internal Rate of Return (IRR), Net Present Value (NPV), Debt-Equity Ratio, value for money analysis, necessary approvals (statutory or otherwise) required for the implementation of such Infrastructure Project, etc;

(b)      if required by the concerned Government Authority or Government Agency or Local Authority, carrying out additional studies for independently determining the project cost, project revenues, viability and risk analysis, etc., including value-for-money analysis to ensure proper benchmarking;

(c)      specifying broad parameters regarding environment and social safeguards that need to be adhered during implementation of the Infrastructure Project;

(d)      assisting the concerned Government Authority or Government Agency or Local Authority in procuring necessary approvals and approvals for utility shifting from appropriate authorities for the implementation of the Infrastructure Project;

(e)      preparation of the bidding documents and Concession Agreement by incorporating necessary terms and conditions for open competition and submitting it to the concerned Government Authority or Government Agency or Local Authority and obtain approvals;

(f)       assisting the concerned Government Authority or Government Agency or Local Authority in activities of the competitive bid process, including the launch of bidding documents, formulation of responses to bidder queries, bid evaluation and recommendations as per the criteria mentioned in the bidding documents, contract negotiations and bid closure which are required to be undertaken, for bringing technical closure of the Infrastructure Project;

(g)      submission of all documents for approval to the Administrative Department. He shall not provide any document to the bidders or any other person without explicit consent from the administrative Department concerned; and

(h)     any other functions or duties assigned to it by the Authority and the concerned Government Authority or Government Agency or Local Authority.

CHAPTER XI SINGLE WINDOW CLEARANCE

Rule - 22. Single Window Clearance.

(1)     The Authority shall designate the Web Portal for submission of proposal, communication regarding proposal, calling additional information and submission of detailed proposal along with financial proposal from the Person and for inviting the competing bids.

(2)     In case of failure of electronic system due to unforeseen circumstances, the Authority shall provide alternative facilities for submission or communication with the Persons in relation to the Infrastructure Projects.

Rule - 23. Processing and monitoring of applications.

(1)     An automated acknowledgement shall be generated on the Web Portal designated by the Authority for every such proposal and information submitted electronically and such automated acknowledgment shall be electronically forwarded to the Person submitting such proposal and information.

(2)     In case such proposal, and such other information sought by the Authority is submitted to Authority in physical format as specified in sub-rule (4) of rule 6 and sub-rule (3) of rule 9, the Authority shall cause an acknowledgement to be issued on the web Portal designated by the Authority within a period of seven working days of such submission.

(3)     The Authority shall maintain the register of the proposals received and such other information sought by the Authority, in electronic or physical form. The particulars of all the proposals, and such other information sought by the Authority, shall be entered in the register.

(4)     The Authority shall monitor the disposal of such proposals within the time limit specified in the rules and keep record of the communication between the Person submitting the proposals and the Government Authority, Government Agency and Local Authority.

(5)     The proposal on which the Authority has taken a decision within the prescribed time limit, such decision shall be entered into the register of applications and the status of the proposals shall periodically uploaded on Web Portal designated by the Authority.

(6)     Status report of all approvals, orders and certificates, to be issued by the Authority shall be provided through the Web Portal to ensure online filing, payments, tracking of status, approvals and issuance of certificates.

Rule - 24. Maintenance of record by Government Authority or Government Agency or Local Authority.

(1)     The concerned Government Authority or Government Agency or Local Authority implementing the Project shall maintain the record and other details as directed by the Authority from time to time.

(2)     The concerned Government Authority or Government Agency or Local Authority shall report the status of the Project to the Authority from time to time.

CHAPTER XII INTEGRITY PACT

Rule - 25. Details of integrity pact.

(1)     Any Person while submitting the proposal to the Authority shall enter into integrity pact with the Authority as provided in sub-section (2) of section 21. The Authority shall adopt the model draft of Integrity Pact issued by the Central Vigilance Commission, from time to time.

(2)     The conditions specified in the integrity pact shall be binding on the Authority and the Person submitting the proposal and competing bids.

Rule - 26. Duties of officers and employees dealing with the proposals.

All the officers and employees of the Authority, Government Authority, Government Agency and Local Authority shall,-

(a)      maintain an unimpeachable standard of integrity both inside and outside their office;

(b)      act in accordance with the provisions of the Act and the rules;

(c)      not allow any bidders to have access to any information in relation to any proposal submitted by a Person, before such information is available to the public at large in normal course;

(d)      not solicit or accept any bribe, reward or gift or any material benefit or any direct or indirect promise of future employment from anyone, who has submitted a proposal under the Act;

(e)      not have any financial interest in any Person or in any proposal submitted under the Act;

(f)       not disclose proprietary and source selection information, directly or indirectly, to any Person other than a Person authorized to receive such information;

(g)      treat all Persons who has submitted the proposal in a fair and equitable manner in line with the principle of fairness, integrity and transparency;

(h)     apply the same criteria of evaluation of the proposals submitted by a Person or competing bidder;

(i)       not entertain any favor, recreation, presents, services, etc., from any Person;

(j)       protect the interests of the concerned Government Authority or Government Agency or Local Authority under all circumstances while dealing with information and information sources;

(k)      maintain confidentially of all proposals as prescribed by the Authority;

(l)       disclose conflict of interest, if any;

(m)    any other duties assigned by the Authority.

CHAPTER XIII MISCELLANEOUS

Rule - 27. Other conditions for submission of proposal.

(1)     In addition to the provisions of rule 6, the Original Project Proponent or the competitive bidder shall submit the following information or documents,-

(a)      In case of joint venture or a consortium, a person authorized through power of attorney executed by all the members in his favour, shall sign the proposal to be submitted under sub-section (1) of section 6, such power of attorney shall be submitted along with proposal.

(b)      The documents in respect of eligibility criteria specified in rule 5,-

(i)       in respect of clause (a) of sub-rule (1) of rule 5, the audited balance sheets of last three financial years and Net Worth Certificate;

(ii)      (ii) in respect of clause (b) of sub-rule (1) of rule 5, the audited balance sheets of last three financial years;

(iii)     in respect of clause (c) of sub-rule (1) of rule 5, the Work Done Certificate issued by the Competent Authority;

(iv)    in respect of clause (d) of sub-rule (1) of rule 5, undertaking in the format specified therein;

(v)      attested copies of Certificate of Incorporation or Registration Certificate or Partnership Deed or any relevant document in respect of the Project Proponent or the competitive bidder, as the case may be.

Rule - 28. Taking up Infrastructure Project by the State in case of failure of Project Proponent to submit detailed proposal.

(1)     If the Person or the Original Project Proponent fails to submit the detailed and comprehensive proposal within a specified period or extended period, as the case may be, or any other reason, the Authority may, at its discretion exercise the option to develop the Project, through the concerned Government Authority or Government Agency or Local Authority or through any third party, without having any claims of such Person or Original Project Proponent, in such project.

(2)     If the Authority exercises the option in the manner specified above, it shall declare such decision on the Web Portal of the Authority and inform the same to the Person or Original Project Proponent.

Rule - 29. Removal of doubt.

If any difficulty arises in the application or interpretation of these rules, it shall be decided by the State Government and the decision of the State Government thereon shall be final.

Rule - 30. Repeal.

Existing rules, orders, notifications or instruments issued by any Government Department or Government Authority or Government Agency or Local Authority, in respect of Unsolicited Proposal for development of Infrastructure Sectors covered under this rules shall hereby repealed.

SCHEDULE A of Maha IEA Rules

(See Rule 4)

Sub:- Statement showing the Sectors, Sub-sectors and minimum value of unsolicited proposal of infrastructure projects permissible to be received under Maha IDEA Act-2018

SCHEDULE B

[See Rule 14(11)]

Time Schedule