Nodal agency

3. Nodal agency 4. (1) Subject to superintendence, direction and control of the Government, Single Window Clearance Committee (SWCC) as defined in JHARKHAND SINGLE WINDOW CLEARANCE ACT,2015 (Jharkhand Act-10,2016), Directorate MSME shall be the State level Nodal Agency for the purpose of this Act. (2) Subject to superintendence, direction and control of the Government and the District Executive Committee (DEC) as defined in JHARKHAND SINGLE WINDOW CLEARANCE ACT, 2015 (Jharkhand Act-10,2016) District MSME Centre (DMC) of different areas, shall be the district level nodal agency for the areas under their jurisdiction for the purposes of this Act. 5. Powers and functions of nodal agency (1) Subject to the superintendence, direction and control of the Government, the powers and functions of the nodal agency shall be as follows: (a) to assist and facilitate establishment of enterprises in the State; and (b) to maintain the record of declaration of intent received and Acknowledgement Certificate issued under this Act. (c) State level Nodal Agency to direct the concerned department / agency for enquiry/inspection in case of information pertaining to deviation by Enterprise from the Responsibilities as mentioned in the Section 7 of this Act. (2) The Government may assign such other powers and functions to the nodal agency as it may deem fit for giving effect to the provisions of this Act. 6. Filing of declaration and Acknowledgement Certificate (1) Any person who intends to start an enterprise may furnish to the nodal agency a declaration of intent to start an enterprise. Explanation: Any enterprise that has moved to the Competent Authority to obtain allor any of the approval (s) before the commencement of this Act and has not received it on the date of commencement, may also opt to furnish declaration of intent to start an enterprise under this sub-section. (2) Enterprise can apply by submitting Declaration of Intent on the website of Single Window clearance system of Department of Industries. Alternatively, enterprise may fill the Declaration of Intent by visiting the Single Window office of Department of Industries, 3rd Floor, Nepal House Building along with either of the valid photo id proof issued by the Government, viz-a-viz bank photo passbook, voter ID Card, passport, driving license, PAN card. Only in case of special circumstances or failure of electronic system due to unforeseen circumstances, the enterprise may submit Declaration of Intent in prescribed form, in physical format to the Single Window Office of Department of Industries. (3) There will be no application or any other additional fee for applying under the Act. (4) On receipt of a declaration complete in all respects, the nodal agency shall, forthwith, issue an Acknowledgement Certificate, in such form as may be prescribed, to the enterprise. 7. Effect of the Acknowledgement Certificate (1) The enterprise will receive a computer-generated Acknowledgement Certificate for confirmation of receipt of declaration of intent. (2) An Acknowledgement Certificate issued under section 5 shall, for all purposes, have effect as if it is an approval for a period of three years from the date of its issuance till the date of commencement of commercial production or operation, whichever is earlier: a. Provided that subsequent to the issuance of the Acknowledgement Certificate, the enterprise shall adhere to all the requirements for such approval. b. Provided that the Acknowledgement Certificate shall not entitle a person to use a land in deviation to the land use specified in the master plan wherever such plan is in force. c. Provided further that in case the enterprise fails to adhere to the requirements of the preceding provison, action as required by or under the law may be initiated against the enterprise. (3) During the period of three years, no Competent Authority shall undertake any inspection under the laws as mentioned in schedule as appended for the purpose of, or in connection with, any approval unless there is threat to life and safety. In case an enterprise has to be inspected for certain reasons the permission of the District Magistrate/Director MSME shall be obtained. 8. Responsibilities of the Enterprise (1) After the expiry of the Acknowledgement Certificate, the enterprise will have to obtain required approvals, within six months from the validity date of Acknowledgement Certificate. (2) The enterprise shall maintain the standards prescribed in the relevant safety codes and maintain emergency preparedness for safety and health of the employees or workers. (3) The enterprise shall not engage in any manufacturing and service activity which is prohibited under any law or which may pose serious threat to public health or law and order. (4) The enterprise shall inform any change in the information provided by it in the Declaration of Intent. 9. Exemption Where the Government or any authority under it is empowered to exempt any enterprise from any approval or inspection or any provisions in relation thereto under any Central Act, the Government or any such authority, as the case may be, shall, subject to the provisions of such Central Act, exercise such powers to grant such exemption to an enterprise established in the State for at least a period of three years from the date of issuance of the Acknowledgement Certificate. 10. Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the Government or Nodal Agency employee of the Government, Nodal Agency or any person for anything which is done or intended to be done in good faith under this Act or any rules made thereunder. 11. Act to have an overriding effect The provisions of this Act shall have effect, not withstanding anything inconsistent therewith contained in any State law as mentioned in schedule appended for the time being in force. 12. Savings Subject to the provisions of Sections 6 and 7, nothing contained in this Act shall be construed as exempting any enterprise from the application of the provisions of any law for the time being in force, or any regulatory measures and standards specified thereunder, except to the extent expressly provided in this Act. 13. Power to amend THE SCHEDULE The State Government may, by notification add to or delete any entry of THE SCHEDULE, or otherwise amend THE SCHEDULE, and thereupon THE SCHEDULE shall be deemed to have been amended. 14. Power to revoke Acknowledgement Certificate Acknowledgement Certificate can be revoked under the following conditions: I. Wilful submission of wrong information in Declaration of Intent. II. Breach or contravention of any of the provisions of the Act and the rules. III. If the enterprise cease to be a micro, small or medium enterprise. IV. If the enterprise changes the location of manufacturing or service activity asmentioned in Declaration of Intent. V. If the enterprise ceases to exist due to merger or split or demerger or acquisition or amalgamation and the enterprise is a part of such arrangement. 15. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the said difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature. 16. Power to make rules (1) The State 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 be laid before the State Legislature by the State Government. 17. Repeal and savings. Anything done or any action taken under different industrial polices and rules regarding micro, small and medium enterprises, before the commencement of this act, shall be deemed to have been validly done or taken under the corresponding provisions of this Act. THE SCHEDULE [See section 2(k) and section 12] S N List of Clearances. Approvals, NOCs, Registration Name of the Department/ Agency Governing Act/ Rule/ Bye-laws/ Notification Trade License Urban Development and Housing Department Jharkhand Municipal Act 2011,Draft of Rule and regulation for Governing Municipal Trade Licence 2017 Registration under The Shops and Establishments Act, 1953 Department of Labour, Employment, Training Jharkhand Shops & Establishment Act 1953 झारखंड राÏयपाल के आदेश से, नीरज कुमार Įीवाèतव, Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची । --------- अधी¢क अधी¢क, झारखÖड झारखÖड राजकȧय मुġणालय राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत राँची ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण रण) ) 502 – 50