Chapter IV MISCELLANEOUS

Filling of Application Forms. - 20 (1) All applications for clearances shall be submitted with the required fees in the prescribed manner to the Nodal Agency;

(2)

Power to call additional information Power to call additional information. - 21 (1) On receipt of application under section 20, the competent authority shall have power to obtain further additional information from the applicant, 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 Applicant or Nodal Agency;

Self--Certification. - 22 (1) Every Applicant or Entrepreneur shall furnish a Self-Certification at the time of submitting the application form, undertaking in such form and manner as may be prescribed that he shall comply with the applicable provisions of the applicable laws made there under;

(2)

Rationalization of Inspections Rationalization of Inspections. - 23 (1) Inspections under the provisions of applicable laws by different levels of authorities, shall be conducted jointly by the office of the Labour Commissioner and State Pollution Control Board and other departments;

(2) Department shall conduct inspection based on risk-based assessment as maybe prescribed in their respective rules or byelaws.

Third Party Inspections Third Party Inspections. - Inspections under the provisions of Applicable Laws by different state authorities, wherever applicable, may be prescribed to be conducted through empaneled third-party inspection agencies of competent authorities.

Time Limits for processing of applications Time Limits for processing of applications. - Notwithstanding anything contained in any State law for the time being in force,

(1) The Government may lay down the procedure for processing and disposal of applications;

(2) The timelines for clearances at all levels for all approvals will be notified from time to time;

(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;

(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;

(5)

Deemed Approvals Deemed Approvals. - The Government may, by notification, notify the clearances in respect of which, failure by the competent authority to grant clearance or pass final order within the period specified shall be treated as a deemed approval.

Information of Deemed Approval. -

Fees Fees. - The application for such clearances shall be submitted by the applicants in such Combined Application Form or any other form prescribed under applicable laws thereof along with such fee, as may be prescribed.

Appeal of State or District level cases. - Any person aggrieved by the decision of any competent authority or the Invest Meghalaya Authority on any clearance, may file an appeal before the Government in the Planning Investment & Sustainable Development 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.

Pecuniary Jurisdiction of the Governing Council, High-Powered Committee, State Investment Committee, and District Investment Committee. - 30 (1) For investment up to one crore rupees, District Investment Committee, for investment more than one crore rupees and up to ten crore rupees, State Investment Committee, and investment more than ten crore rupees, High-Power Committee will provide in principle approval.

(2)

Exemptions Exemptions. -

Penalty Penalty. - 32 (1) Any entrepreneur who fails to comply with the conditions or undertakings in the self-certification given the Agency or Department or competent authorities shall face penalty.

(2)

Offences by Companies, etc Offences by Companies, etc. - 33 (1) Where an offence under this Act is committed by a company or an industrial unit, the company or the industrial unit as well as every person in charge of and responsible to the company or the industrial unit 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 purpose of this section:

1. (a) "Company" means any "Corporate" and includes a firm or other association of individuals.
2. (b) "Director" in relation to a firm means a partner in the firm.

Act to override other Laws. - 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.

Powers to remove difficulties. - 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:

Powers to give directions Powers to give directions. -

for the purpose of carrying out the objectives of this Act.

Savings Savings. -

Powers to make rules Powers to make rules. - 38 (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 Legislature of the State if it is in session and if it is not in the session in 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 Legislature 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.

Protection of action taken in good faith. - No suit or legal proceeding shall lie against the Chairman or other members of the Governing Council or High-Powered Committee or State Investment Committee or District Investment Committee or Nodal Agency or any employees of such committee in respect of anything which is done or intended to be done in good faith under this Act or any Rule made there under.