The Manipur Industrial Single Window Clearance Act, 2021

1.

1. (1) This Act may be called the Manipur Industrial Single Window Clearance Act, 2021.
2. (2) It shall extend to the whole of the State of Manipur.
3. (3) It shall come into force with effect from the date of its publication in the Official Gazette of Manipur.

2. This Act shall apply to various clearances required under State enactments as well as clearances delegated to competent State Authorities under any central enactment for setting up of Service Sector or Industrial undertakings including infrastructure projects in the State of Manipur.

3. In this Act, unless the context otherwise requires,-

1. (a) "Chief Executive Officer" means the Chief Executive Officer of the Single Window Agency;
2. (b) "Clearance" means grant or issue of no-objection certificate, allotment, consent, approval, permission, registrations (excluding registration required under taxation Acts of the State or the Centre), enrolments, licenses and other similar matter, by any competent authority or authorities of the State Government, required to be issued under various State or Central enactments, in connection with the setting up of an industrial or service sector undertaking in the State of Manipur and shall include

4.

1. (1) There shall be established a Single Window Agency to be known as the Manipur Industrial Single Window Clearance Agency.
2. (2) The purpose of the Single Window Agency shall be overall supervision and administration for speedy processing of applications and issue of various clearances required to be issued by various competent authorities of the State Government under various State or Central enactments, for setting up of industrial or service sector undertakings in the State of Manipur, comprising of a Governing Body to be constituted under section 5.

5. There shall be a Governing Body of the Single Window Agency which shall be the apex body for all matters of the Single Window Agency. The constitution of the Governing Body shall be as follows, namely:-

1. (i) Chief Minister : Chairman
2. (ii) The Minister-in-charge (Textiles, Commerce & Industry) : Vice-Chairman
3. (iii) The Minister-in-charge (Finance) : Member
4. (iv) The Minister-in-charge (Labour) : Member
5. (v) The Minister-in-charge (Forest &Environment) : Member
6. (vi) The Minister-in-charge (MAHUD) : Member
7. (vii) The Minister-in-charge (Revenue) : Member
8. (viii) The Minister-in-charge (Power) : Member
9. (ix) The Minister-in-charge (TA& Hills) : Member
10. (x) Administrative Secretary (Textiles, Com. & Industry) : Member
11. (xi) Administrative Secretary (Finance) : Member
12. (xii) Administrative Secretary (Labour) : Member
13. (xiii) Administrative Secretary (Forest & Environment) : Member
14. (xiv) Administrative Secretary (MAHUD) : Member
15. (xv) Administrative Secretary (Revenue) : Member
16. (xvi) Administrative Secretary (Power) : Member

1. (xix) At least 3(three) representatives, 1(one) of which shall be a woman, from the Industries and Trade Associations of the State nominated by the Department of Textiles, Commerce & Industry for a term of two years : Members
2. (xx) Chief Executive Officer

1. (SWA) : Member-Secretary

6.

1. (1) The Governing Body which shall be the apex body for all matters relating to the Manipur Single Window Agency, and shall be responsible for :-
   • (a) approving the regulation and procedures of the Single Window Agency and entrustment of any other function to the Executive Committee and the Chief Executive Officer in conformity with this Act;
   • (b) creating, sanction, abolition and re-designation of posts required for effective functioning of the Single Window Agency;
   • (c) approving the annual budget, accounts and reports including the audit reports of the Single Window Agency;
   • (d) approval of any borrowings or hypothecation of any assets of the Single Window Agency, if required;
   • (e) approval and sanction, on behalf of the Government, of any fiscal incentives or other benefits to an investment proposal or project, falling outside the policies of the Government of Manipur by way of amendment of or addition to or exception to such policy;
   • (f) making such rules and regulations under this Act, as it may consider necessary and proper to transact its business and that of the Single Window Agency to achieve the assigned task, including matters concerning finance, accounts and personnel. (2)
   • (a) The Governing Body shall meet at least once in

7. The Government may, by notification, constitute an Executive Committee

1. (EC) of the Manipur Industrial Single Window Clearance Agency for speedy clearances, for investment promotion in the State of Manipur with the following members:-
   • (i) Chief Secretary, Government of Manipur : Chairman
   • (ii) Administrative Secretary, (Textiles, Commerce & Industry) : Vice-Chairman
   • (iii) Administrative Secretary (Finance) : Member
   • (iv) Administrative Secretary (Forest & Environment) : Member
   • (v) Administrative Secretary (Labour) : Member
   • (vi) Administrative Secretary (Power) : Member
   • (vii) Administrative Secretary (MAHUD) : Member
   • (viii) Administrative Secretary (Revenue) : Member
   • (ix) Administrative Secretary
2. (Law) : Member
   • (x) Secretary to Chief Minister, Manipur : Member
   • (xi) Chief Executive Officer
3. (CEO) : Member-Secretary

8.

1. (1) The Executive Committee shall perform the following:-
   • (a) regularly monitor, supervise and review the functioning of the Single Window Agency set up under this Act;
   • (b) sit at least once in a quarter or such other times as may be directed by the Chairman of the Committee;
   • (c) recommend to the Governing Body of the Single Window Agency regarding any critical clearance or relaxation in any matter of investment proposals and activities;
   • (d) refer any matter or issue to the Government or the Governing Body with its recommendation or suggestions, if considered necessary;
   • (e) invite the concerned administrative Head or Secretary or any other officer of a competent authority as a special invitee to discuss and finalize any specific proposal/s or issue/s of such competent authority;
   • (f) co-opt any other members, if so required, for assistance of the Executive Committee for proper and effctive discharge of its functions;
   • (g) appoint from time to time, such sub-committee and/or special committee as may be considered necessary, to assist it in carrying out its functions and facilitate investment in the State ; and
   • (h) carry out any other functions as may be entrusted to it by the Governing Body.
2. (2) In absence of the Chairman, in any meeting of the Committee of the Single Window Agency, the Vice Chairman shall preside over the meeting.
3. (3) The Quorum of the Executive Committee shall be 50% of the Members.

9.

1. (1) The Single Window Agency shall:-
   • (i) be responsible for creation of a dedicated Centralized Web Portal with connectivity, so that the investors may submit application forms online, as required by them for obtaining various clearances;
   • (ii) be headed by a Chief Executive Officer to be appointed by the Government;
   • (iii) prepare a common application form for online submission by the investors for obtaining various clearances, which shall consist of,-
   • (a) forms under the relevant central enactments without any change; and
   • (b) existing forms or new forms in lieu of the existing forms under the relevant state enactments;
     • (iv) publish downloadable application forms, comprehensive check lists, etc. covering all activities in their Portal;
     • (v) follow the required procedures to be observed under section 9;
     • (vi) perform any other functions as entrusted to them by the Single Window Agency for carrying out the provisions of this Act.
2. (2) The Single Window Agency shall exercise its functions under this Act upto the stage/date of commencement of production or operation of the undertaking or the service as the case may be. Any additional clearances as may be necessary thereafter shall be accorded by the competent authority.
3. (3) The Single Window Agency shall be responsible for organizing campaign, events, conferences and meetings both in India and abroad for promoting Manipur as an investment destination.
4. (4) The Single Window Agency shall monitor the grievance of new and existing industries in the state.
5. (5) The Single Window Agency shall work as an intermediary/facilitator for potential investors in the state providing information, guidance for their investment projects.

10.

1. (1) The applicant seeking any clearance shall register through the Single Window Agency portal created by the Single Window Agency for the purpose and on registration, applicant shall be given a unique identification number
   • (ID) and password for future reference.
2. (2) The application form along with prescribed attachment shall be submitted/ uploaded online, wherever feasible. Other attachments, wherever necessary, shall be sent to the Chief Executive Officer through courier, and can be tracked online through a built-in system in the Single Window Agency Portal.
3. (3) On receipt of the application form online, the system shall automatically forward it to the concerned competent authority. The Single Window Agency shall hand over hard copy or copies of such applications to the officer under the disposal of the Chief Executive Officer to follow up and get the clearance within the stipulated time.
4. (4) All competent authorities shall be provided online access to the Single Window Agency Portal through a secured user ID and password, to process the applications forwarded to them.
5. (5) For additional attachments despatched by courier to CEO, the CEO shall enter the date of receipt in their record

11.

1. (1) Every application and related documents shall be self attested by the applicant at the time of submitting online application to the Single Window Agency in the format attached with the application form.
2. (2) The Self Certified application and related documents furnished by the applicant shall be taken into consideration and accepted by the competent authority as a reliable document to which the applicant shall be fully responsible.

12.

1. (1) There shall be a permanent set up of the Single Window in an appropriate location as may be decided by the Department of Textiles, Commerce and Industry with all basic required infrastructure, officers and staff as may be prescribed: Provided that no post of the Single Window Agency shall be created without prior approval of the Governing Body and the Government.
2. (2) The State Government shall appoint a Senior All India Services Officer as the Chief Executive Officer for carrying out the day to day functions of the Single Window Agency.
3. (3) The staffing pattern, qualifications, salary and allowances and other conditions of service of the officers and staff of the Single Window Agency shall be such as may be prescribed.
4. (4) Initially, to start with its functions till the completion of the recruitment process on a regular-basis, the concerned departmental staffs and officers of the relevant Department shall be placed under the disposal of the Chief Executive Officer by the Government by notification, for such time as it may appear to be necessary for smooth functioning of the Single Window Agency: Provided that such officers and staff shall draw salaries and allowances from the parent department as admissible to them.
5. (5) Subject to such condition and for such time as may be ordered from time to time, the competent authorities involved in the Single Window Clearance system under this Act shall place at least one Senior Officer

13.

Functions of the Chief Executive Officer 14. The functions of the Chief Executive Officer shall be as follows:-

1. (a) he shall receive and process all investment proposals including new investment as well as proposal of modernization, expansion of existing industries;
2. (b) he shall be responsible to run the Web Portal of Single Window Agency efficiently, liaise with all competent authorities, preparation of monthly report and get clearances from the competent authority in time ;
3. (c) he shall coordinate with all concerned authorities of the State Government to encourage new investment and its implementation in the state in respect of all sectors of trade, commerce and industry;
4. (d) he shall receive or cause to be received applications online for new investment from private and public sector, and examine and process the same for all necessary statutory and other approvals;
5. (e) he shall issue notices to the competent authority , in case of their failure to provide necessary clearances within the stipulated time and same be intimated to the concerned administrative departments for taking

15. Notwithstanding anything contained in any state law for the time being in force, the Government may prescribe time limits for processing of applications and issuance of clearances by different competent authorities under this Act.

16.

1. (1) In the event of failure of the respective competent authority to issue the clearance within the time limit prescribed, the requisite clearance shall be deemed to have been accorded to the concerned applicants under various State enactments, provided the applicants have paid requisite fees, if any, the applications are complete in all respect and are free from any material defect: Provided that provisions of this section shall not be applicable in the matter of allotment of land, approval for change of land use for industrial purpose and registration of land documents under the Revenue Department of the State Government: Provided further that the deemed clearance under this section shall not guarantee issue of subsequent statutory documents unless the entire process of enquiry required for the same is complete.
2. (2) The Single Window Agency 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 cleared under sub-section
3. (1) of this section.
4. (3) The applicant may proceed to execute the work or take other necessary action after receiving the information from the Single Window Agency under sub-section
5. (2) of this section, but not so as to contravene any of the provisions of the relevant Acts, rules or bye-laws made there under, applicable to such clearances.
6. (4) The Single Window Agency shall prepare a list of applications receiving deemed clearances on monthly basis and inform the respective competent authority from time to time for their information and record.

17.

Fund 18.

1. (1) For smooth functioning of the Single Window Agency, entire fund shall be provided by the Government through budgetary support.
2. (2) The Single Window Agency shall maintain a separate Bank Account of its receipts and expenditures in a Scheduled Bank.
3. (3) The Fund under sub-section
4. (1) shall be utilized for the following:-
   • (a) procurement of IT hardware/ software, cost towards development of software, maintenance of hardware/ software, payment towards connectivity charges, annual charges of leased land, furniture and fixtures, procurement of electrical equipments, printing paper, postage and stamps, contingencies, midterm study, preparation of Request for Proposal
   • (RFP) and to defray any other statutory dues, etc.
   • (b) salary for the officers and staff of the Single Window Agency including outsourced and contractual staff engaged by the Single Window Agency.
   • (c) cost towards payment of rent, travelling allowances for the Chief Executive Officer and other officers and staff.
   • (d) cost towards printing and stationery, payment of electricity bills, telephone bills, mobile bills, bill for helpline telephone number, etc. and any other head of expenditure approved by the Executive Committee.
   • (e) any other expenditure with the approval of the Executive Committee.

19.

1. (1) The Single Window shall maintain proper books of accounts and other books as may be prescribed and prepare an annual statement of accounts.
2. (2) The Single Window shall cause its accounts to be audited annually by the statutory and Government auditors. The auditors shall have the right to demand the production of books, accounts, connected vouchers, documents, papers and inspect the office of the Single Window Agency.
3. (3) As soon as the accounts of the Single Window Agency have been audited, the Single Window Agency shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government.
4. (4) The Single Window Agency shall comply with such directions as the State Government may, after the perusal of the report of the auditor thinks fit to issue.

20.

Delegation of Financial power 21. The delegation of Financial power of different authorities for making expenditure under this Act shall be as under :-

1. (a) Governing Body : Full power
2. (b) Executive Committee : Upto Rs.2.5 crore
3. (c) Chief Executive Officer level : Upto Rs. 25 lakh

22. Any clearance issued by the competent authority or any deemed clearance shall be liable to be suspended or cancelled at any time by the competent authority if it is detected at any point of time that the clearance has been obtained by false self certification, corrupt use of false or fabricating documents, use of forged certificates or documents etc., after giving a reasonable opportunity of being heard, in addition to taking appropriate penal action under section 23.

23.

1. (1) Any applicant who makes an application for obtaining clearance under section 10 and signs and furnishes a self certified documents to the Single Window Agency under section 11 by corruptly using or attempting to use false or fabricated documents or indulge in any activities of forgery in order to get clearance under this Act, he shall be liable to be prosecuted and punished under appropriate sections of the Indian Penal Code, 1860.
2. (2) Any entrepreneur who fails to comply with the conditions or undertaking in the self certification given to the Single Window Agency or the competent authority as the case may be, shall be punishable with fine which may extend to twenty thousand rupees and shall also be debarred for a period of 5(five) years from the date of such punishment in obtaining any clearance from the State Government.
3. (3) The relevant provisions of the Code of Criminal Procedure, 1973 shall apply in case of the offences committed under sub-section
4. (1) and
5. (2) of this section.

24.

1. (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. (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 any other Officer, he shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: - For the purpose of this section,-
   • (a) "Company" means anybody Corporate and includes a Firm or other association of individuals; and
   • (b) "Director" in relation to a firm means a partner in the firm.

25. Any officer or staff working under the Single Window Agency or under the competent authority as the case may be, who fails or neglects to discharge his duty or deliver services under this Act shall be liable for disciplinary action under the relevant rules applicable to him.

26. If any difficulty arises in giving effect to any of the provisions of this Act, the Chief Executive Officer shall make a reference to the Executive Committee with its suggestions/ proposals to remove such difficulty and the decision of the Executive Committee in this regard shall be final and binding, subject to ratification by the Governing Body.

27.

Appeal 28. Any person aggrieved by the decision of any competent authority or the Single Window Agency on any clearance, may file an appeal before the Government addressed to the Administrative Secretary, Textiles, Commerce and Industry Department within 30 (thirty) days from the date of receipt of such clearance or any information or communication rejecting the application, as the case may be, and the decision of the Government thereon shall be final and binding on all concerned:

Power to make rules 29.

1. (1) The State Government may, by notification in the Official Gazette, make rules, consistent with this Act, for carrying out the purposes of this Act.
2. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Manipur Legislative Assembly, while it is in session for a total period of seven days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Manipur Legislative Assembly agree in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 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.

30.

1. (1) The Manipur Industrial Single Window Clearance Ordinance, 2020 (Manipur Ordinance No. 7 of 2020) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.