“10A.(1) Notwithstanding anything contained in sections 9 and 10, a person other than the State Government, Government agency or specified Government agency, may submit a proposal and proposed concession agreement for direct negotiation to the State Government, Government agency or the specified Government agency for any of the project specified in Schedule III.
(2) If the State Government, Government agency, or, as the case may be, the specified Government agency is satisfied that the project is of a nature specified in Schedule III, it may, -
(a) consider the proposal from all aspects (including technical and financial) and if necessary modify the same in consultation with the Amendment o f section 10 of Guj.
11 of 1999.
Insertion of new section 10A in Guj. 11 of 1999.
Selection by direct negotiation.
person who has submitted the proposal and the proposed concession agreement, and
(b) submit the proposal and the proposed concession agreement to the Board, if the cost of the project exceeds the limit provided by the regulations.
(3) On acceptance of the recommendation of the Board made under subsection (2) of section 5, the State Government, Government agency or, as the case may be, the specified Government agency may enter into a concession agreement with a person who has submitted the proposal under sub-section (1).”.
11. In the principal Act, in section 16,-
(1) for sub-section (1), the following sub-section shall b e substituted, namely :- “(1) The State Government may, by notification in the Official Gazette, add to, amend or omit therefrom any project in Schedule I or Schedule III which falls within the executive power of the State and on issue of such notification, the Schedule I or, as the case may be, Schedule III shall be deemed to have been amended accordingly.”;
(2) for the marginal note, the following shall be substituted, namely :- “ Power to amend Schedules I and III. ” .
12. In the principal Act, in section 37, in sub-section (2) -
(1) clauses (a) and (b) shall be deleted ;
(2) for clause (c), the following clauses shall be substituted, namely:- “(c) the matters relating to competitive public bidding, inviting comparative bids and direct negotiation under sub-section (2) of section 8;
(cc) the manner in which the developer for the project shall be selected under section 9;”.