Chapter III MISCELLANEOUS

(1) On receipt of an application under sub-section (2) of section 8, the competent authority shall have power to obtain further additional information from the applicant as required by him, through Investor Facilitation Agency with advance copy of the same to the applicant.

(2) The applicant shall furnish the required information as expeditiously as possible to the competent authority and also to the Investor Facilitation Agency simultaneously.

(3) The competent authority shall send its orders sanctioning or rejecting the application, as the case may be, to the Investor Facilitation Agency.

(1) It shall be competent for the State Government to prescribe combined application forms which may consist of existing forms or new forms in lieu of the existing form under State enactments, and may prescribe the manner of submission of such forms.

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

(1) Every entrepreneur or authorized representative of applicant firm shall furnish a 'Self Certification' in such form as may be prescribed at the time of submitting application form to the Investor Facilitation Agency, undertaking that he shall comply with the applicable provisions of the relevant Acts and the rules made thereunder.

(2) The self-certification furnished by the entrepreneur or his authorized representative shall be accepted by the concerned Departments or the competent authorities for the purpose of issue and granting clearance.

Subject to the provisions of the relevant law for the time being in force -

(1) the State Government may prescribe the manner of processing and disposal of applications;

(2) the State Government may prescribe time limits for complete application, which shall be mandatory to process and dispose of applications by the competent authorities. The State Government may also prescribe time limit for dispose of the application where additional information is called for from the applicant;

(3) the competent authority may ask for additional information before the expiry of the period stipulated for the disposal of such clearance through Investor Facilitation Agency with advance copy of the same to the applicant:

Provided that the competent authority shall strictly ensure that all the required information is called for together in a single communication for avoiding delay in clearance and unnecessary harassment to the applicant;

(4) after receipt of the additional information, the competent authority shall pass an order on the application before the expiry of the prescribed time limit from the date of receipt of such additional information.

Subject to the provisions of any relevant law for the time being in force-

(1) the DLFC may, either suo motu or on a reference, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the District Level Facilitation Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the SWFC with remarks and relevant documents for a decision.

(2) the SWFC shall examine all cases referred to it by the District Level Facilitation Committee and pass appropriate orders:

Provided that the cases relating to the orders passed by the State Government as a competent authority shall be referred to the SLFC for decision.

(3) The decision taken by the SLFC shall be binding on the District Level Facilitation Committee and the competent authorities.

Subject to the provisions of any relevant law for the time being in force, the Single Window Facilitation Committee may, either suo motu or on a reference, examine any orders passed by the District Committee and pass appropriate orders as it deems fit and such orders shall be final.

Subject to any law for the time being in force, -

(1) The Single Window Facilitation Committee may, either suo motu or on a reference, examine any order passed by any competent authority, rejecting any clearance or approving it with modification or the grievances relating to technical, procedural or other issues relating to disposal of any application, and if the Single Window Facilitation Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the State Level Facilitation Committee with remarks and relevant documents for a decision.

(2) The State Level Facilitation Committee shall examine all cases referred to it by the Single Window Facilitation Committee and pass an appropriate order.

(3) The order passed by the SLFC shall be binding on the State Single Window Facilitation Committee, District Level Facilitation Committee and the competent authorities and shall be final.

Subject to any law for the time being in force, the SLFC may, either suo motu or on a reference, examine any order passed by the State Level Facilitation Committee and pass an appropriate order as it deems fit and such order shall be final.

(1) Any entrepreneur who fails to comply with the conditions or undertakings as per declaration submitted to the given Agency or furnishes false information the application shall be liable to be rejected and such entrepreneur shall be required to apply afresh with necessary documents. (2) A lump sum penalty may be imposed against an official who fails to provide approval or disposal of the application without any genuine reason within prescribed time limit, which shall not be less than one thousand rupees and may extend up to five thousand rupees.

(1) Inspections under the relevant Acts or the rules made thereunder by the different authorities shall be conducted jointly. (2) The department may conduct inspection based on computerized risk assessment prescribed under the relevant Act or the rules made thereunder. However, the inspection in respect of the complaints are may be conducted under the authorization of the Head of the Department. (3) The surprise inspections may be conducted with the specific permission of the concerned Department.

The provisions of this Act shall be in addition to and not in derogation of, any provision of any existing law.

The State Government shall have power to issue directions from time to time as may be required for compliance of the provisions of this Act, the rules made thereunder and under any other law for the time being in force and the SWFC or the DLFC shall be bound to comply with such directions.

No suit or legal proceedings shall lie against the Chairman or other members of any Committee under this Act or any employee of such Committee in respect of anything which is done or intended to be done in good faith under this Act or any rules made thereunder.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules. (3) All rules made under this section shall be laid for not less thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.