Chapter IV Chapter IV

Establishment and Constitution of the Sub-Committee

The Government may, by notification in the Official Gazette, constitute a Sub-Committee consisting of,—

1. (i) Minister for Industries — Chairperson.
2. (ii) Secretary (Industries) or his nominee — member.
3. (iii) Secretary (Environment) or his nominee — member.
4. (iv) Secretary (Town and Country Planning) or his nominee — member.
5. (v) All the members of the Board nominated under clause (xii) of section 4 — members.
6. (vi) Chief Executive Officer of the Board- Member Secretary.

The Sub-Committee shall have the power to decide the proposals referred to it by the Board under sub-section (2) of section 5.

A person shall be disqualified for being nominated as a member of the Sub-Committee, if he,

1. (a) is an employee of the Board, not being the Chief Executive Officer; or
2. (b) is of unsound mind and stands so declared by a competent court; or
3. (c) is an undischarged insolvent; or
4. (d) is convicted of an offence involving moral turpitude within a period of five years

immediately before he being nominated/appointed as the Chairperson or the Member of the Sub-Committee.

Committee.— The Chairperson or a member shall hold office of the Sub-Committee as long as he is a Vice-Chairperson or member of the Board, as the case may be, or till the appointment is terminated by the Board.

1. (1) The Sub-Committee shall meet at such

time and at such place as it may determine and shall subject to the provisions of sub-

section (2) observe such rules or procedure for transaction of its business as may be provided by regulations made under this Act. However, the Sub-Committee shall meet at least once a month.

1. (2) A member who is directly or indirectly concerned or interested in any proposal,

arrangement, subsidy etc., shall, at the earliest possible opportunity, disclose the nature of his interest to the Sub- Committee when any such proposal is discussed.

1. (3) The Chairperson of the Sub-Committee shall preside at all meetings of the Sub-

Committee and in the absence of the Chairperson, the members present shall choose the presiding officer to preside over the meeting.

1. (4) The quorum for meeting of the Sub-Committee shall be six members.
2. (5) The Sub-Committee may invite a person or expert who is not a member of the Board, as special invitee or co-opt any person as an advisor for any meeting of the Sub-

Committee, except that a person so co-opted shall have no right to vote on any matter before the Sub-Committee for a decision.

1. (1) If a member,—
   • (a) becomes subject to any of the disqualifications mentioned in section 19, or
   • (b) tenders his resignation in writing to, and such resignation is accepted by, the Government; or
   • (c) is absent, without the Sub-Committee’s permission, for three consecutive meetings of the Sub- Committee; or
   • (d) is convicted of an offence involving moral turpitude, he shall cease to be a member of the Sub-Committee.
2. (2) The Board may, by an order, suspend or remove any member from his office on the ground of proved misbehaviour, incapacity or misuse of position: Provided that a member shall not be suspended or removed unless he has been given a reasonable opportunity of being heard.

Any vacancy of a member of the Sub- Committee shall be filled as early as practicable, in the like manner as if the appointment/nomination was being made originally.

If the Chairperson or any other member of the Sub-Committee is by reason of illness or otherwise rendered temporarily incapable of carrying out his duties, or is granted leave of absence by the

Government, or is otherwise unable to attend his duties in the circumstances not involving the cessation of his membership, the Government may appoint/nominate another person to act for him and carry out his duties and functions under this Act. Such person shall vacate office on the date when the member for whom he is acting resumes his duties: Provided that in case of members specified in clause (v) of section 17, such temporary appointment shall be done only after receipt of nomination from the respective bodies.

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the Sub-Committee, if such act or proceeding is otherwise in accordance with the provisions of this Act. Functions and Powers of the Sub-Committee

The functions of the Sub-Committee shall be,—

1. (i) to decide on any matters related to the approved projects including but not limited to name change, address change, change in constitution or shareholding, review,

cancellation and revocation of proposals referred to it by the Board, subject to ratification of the decision by the Board;

1. (ii) to evaluate investment proposals referred to it by the Board;
2. (iii) in particular and without prejudice to the generality of the provisions of clause (i) to,—

1. (a) forward the application of the investor within its jurisdiction, to the concerned person, officer or Competent Authority for processing and disposal;
2. (b) monitor the status of the applications;
3. (c) suo moto examination and review any decision taken by any person, officer or

Competent Authority with respect to the proposal within the jurisdiction of the Sub-

Committee.

1. (1) Notwithstanding anything contained in any other State law but subject to the provisions of this Act, the Sub-Committee, with the previous sanction of the Government may, in exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any Competent Authority and such person, officer or Competent Authority shall be bound to comply with such directions. Explanation: The power to issue direction under this sub-section shall be limited to a

may deem fit and proper in the nature and circumstances of the case.

1. (2) The Sub-Committee shall have the power to,—
   • (a) review and monitor the processing of applications by any person, officer or Competent Authority;
   • (b) direct any person, officer or Competent Authority for taking decision on applications pending beyond the time limit stipulated in sub-section (1) of section 39.
2. (3) Notwithstanding anything contained in any State law and subject to the provisions of this Act, the Sub-Committee shall in case any person, officer or the Competent

Authority fails to process and dispose of any application within the time limit stipulated under sub-section (1) of section 39, place the respective case before the Board to consider and dispose of application for permission in terms of sub- section (3) of section 14.