Chapter III Chapter III

Miscellaneous

submitted with the required fees in the prescribed manner to the appropriate committee.

1. (2) The applications shall be forwarded by the Committee to the competent authority for processing and disposal.

(1) On receipt of application under sub-section (2) of Section 10. the competent authority shall have power to obtain further additional information from the applicant as required by him, while furnishing a copy of the same to the Nodal Agency. (2) The applicant shall furnish the required information to the competent authority and also to the Nodal Agency simultaneously. (3) The competent authority shall send its orders sanctioning or rejecting the application, as the case may be, to the Nodal Agency so that the same can be given to the applicant.

1. (2) The applicant shall furnish the required information to the competent authority and also to the Nodal Agency simultaneously.
2. (3) The competent authority shall send its orders sanctioning or rejecting the application, as the case may be, to the Nodal Agency so that the same can be given to the applicant.

Government to prescribe combined application forms which may consist of,-

1. (a) forms under Central enactments without any change; and
2. (b) existing forms or new forms in lieu of the existing forms under State enactments.

1. (2) All Departments or authorities concerned shall accept such application forms for processing and issue of required clearances.

at the time of submitting application form to the Nodal Agency, undertaking in such form as may be prescribed that he shall comply with the applicable provisions of the relevant Acts and the rules made thereunder.

1. (2) The self certification furnished by the entrepreneur shall be accepted by the concerned Departments and authorities for the purpose of issuing and granting clearance.

contained in any State law for the time being in force,-

1. (1) the Government may lay down the procedure for processing and disposal of applications.
2. (2) the Government may prescribe time limits for processing and disposal of applications by the competent authorities.
3. (3) the competent authority may ask for additional information at any time before the expiry of the period stipulated for the disposal of such clearance: Provided that such request for additional information should be made only once by the competent authority.
4. (4) After receipt of the additional information, the competent authority shall pass orders on the application before the expiry of the stipulated time from the date of receipt of such additional information.

14, the State Government may notify the clearances in respect of which failure of the competent authority to pass final orders on the application within the stipulated time shall result in deemed approval.

1. (2) The applicant may proceed to execute the work or take other action following the deemed approval, but not so as to contravene any of the provisions of the Acts or rules or bye-laws applicable to such clearances.

The appropriate Committee shall inform to the applicant the date on which the application was received by the competent authority and the date on which it was deemed to have been approved.

Notwithstanding anything contained in any State law, for the time being in force, - (1) The District Committee may, either suo motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the District Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the State Committee with remarks and relevant documents for a decision. (2) The State Committee shall examine all cases referred to it by the District Committee and pass appropriate orders: Provided that the cases relating to the orders passed by the Government as competent authority shall be referred to the State Board for decision. (3) The decision taken by the State Committee shall be binding on the

1. (1) The District Committee may, either suo motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the District Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the State Committee with remarks and relevant documents for a decision.
2. (2) The State Committee shall examine all cases referred to it by the District Committee and pass appropriate orders: Provided that the cases relating to the orders passed by the Government as competent authority shall be referred to the State Board for decision.
3. (3) The decision taken by the State Committee shall be binding on the

Revision of District level cases by Empowered Committee - Notwithstanding anything contained in any State law, for the time being in force, the Empowered Committee may, either suo motu or on a reference, examine any orders passed by the State Committee and pass appropriate orders as it deems fit and such orders shall be final.

State law, for the time being in force, -

1. (1) The State Committee may, either suo motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification and if the State Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the Empowered Committee with remarks and relevant documents for a decision.
2. (2) The Empowered Committee shall examine all cases referred to it by the State Committee and pass appropriate orders: Provided that the cases relating to the orders passed by the Government as competent authority shall be referred to the State Investment Promotion Board for decision.
3. (3) The decision taken by the Empowered Committee shall be binding on the State Committee, District Committees and the competent authorities.

Notwithstanding anything contained in any State law, for the time being in force, the State Board may, either suo motu or on a reference, examine any orders passed by the

Pecuniary jurisdiction of District Committees - The Government may by notification specify the investment limit upto which the applications for clearances shall be made to the District Committees.

The State Government may, by notification, exempt any clearances from any of the provisions of the Act.

Any entrepreneur who fails to comply with the conditions or undertaking in the self certification given to the Nodal Agency or other department or authorities shall on conviction be punishable with fine which may extend to five thousand rupees for the first offence and for the second or subsequent offences with fine which may extend to ten thousand rupees.

(1) Where an offence under this Act is committed by a company, the company as well as every person in-charge of and responsible to the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other officer, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section: - (a)"Company" means any body corporate and includes a firm or other association of individuals; and (b)"Director" in relation to a firm means a partner in the firm.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other officer, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section: - (a)"Company" means any body corporate and includes a firm or other association of individuals; and (b)"Director" in relation to a firm means a partner in the firm.

Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.

If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty.

The State Government may, from time to time, issue to the State Committee or the District Committees such general or special directions of policy as they may deem necessary or expedient for the purpose of carrying out the objects of this Act and the said State Committee or the District

Savings - The provisions of Sections 13 to 20 of this Act shall not apply to any clearances required under Central enactments.

(1) The Government may by notification make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act, shall immediately after it is made be laid before the Legislative Assembly of the State, if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (2) Every rule made under this Act, shall immediately after it is made be laid before the Legislative Assembly of the State, if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Window Clearance Ordinance, 2002 is hereby repealed. K.G.SHANKAR, Secretary to Government (FAC), Legislative Affairs & Justice, Law Department.