Chapter II Chapter II

CONSTITUTION, POWERS, AND FUNCTIONS OF INVEST MEGHALAYA AUTHORITY, THE GOVERNING COUNCIL, HIGH-POWER COMMITTEE, STATE INVESTMENT COMMITTEE AND DISTRICT INVESTMENT COMMITTEE

Constitution of Invest Meghalaya Authority. - 3 (1) The Government may, by notification appoint a Nodal Agency called “Invest Meghalaya Authority” at the State level, which shall be an authority, that will be governed by the Governing Council constituted under Section 8;

(2) The Government may, by notification appoint the Chief Executive Officer

1. (CEO) who shall be responsible for the day-to-day operations and shall exercise the powers and perform functions of the Nodal

Functions of Invest Meghalaya Authority as the Nodal Agency Functions of Invest Meghalaya Authority as the Nodal Agency. - 4 (1) The Nodal Agency will be responsible for creation of a UIP, so that the investors may submit the application forms online as required by them for obtaining various clearances;

(2) The Nodal Agency shall provide secretarial support to the Governing Council, High Powered Committee, State Investment Committee and District Investment Committee, as the case may be;

(3) The Nodal Agency shall arrange in principle approval from the respective committees on the basis of investment amount for project kick off;

(4) Under the superintendence, direction and control of the respective committees, the nodal agency shall acknowledge all applications and shall forward the applications to the concerned competent authority;

(5) The Nodal Agency will facilitate in pursuing the clearance of the applications with the competent authorities;

(6) The Nodal Agency shall prepare a Combined Application Form as provided under section 13 for online submission by the investors for obtaining various clearances;

(7) The Nodal Agency shall upload downloadable application forms, comprehensive check lists and other requirements, as the case may be, covering all activities in the UIP;

(8)

Powers of Invest Meghalaya Authority Powers of Invest Meghalaya Authority. - 5 (1)

The administrative and financial power of the Invest Meghalaya

Authority shall be as prescribed by rules under the Act;

(2) The Chief Executive Officer shall be appointed by the State Government from amongst officers not below the rank of Joint Secretary or persons being distinguished experts with a demonstrated experience in industry or government;

(3) The Authority may engage such experts, consultants, advisors, or technology professionals, as may be required for efficient discharge of its powers and functions under this Act, on such allowances or remuneration and on such terms and conditions as may be prescribed.

Vacancies etc., of the Nodal Agency not to invalidate proceedings. - No act or proceeding of the Authority shall be invalid merely by reason of-

1. (a) any vacancy in or any defect in the constitution of the Authority;
2. (b) any defect in the appointment of a person as Chief Executive Officer; or
3. (c) any irregularity in the procedure of the Authority not affecting the merits of the case.

Officers and other staff of Invest Meghalaya Authority. - 7 (1) The Authority may depute Government officials or may appoint such other officers and employees of the Authority in such manner and with such qualifications, as may be prescribed.

(2) The salaries and allowances payable to and the other terms and conditions of service of officers and other employees of the Authority shall be such, as may be prescribed.

1. (1) The Government, may, by notification, constitute a ‘Governing Council’ which shall consist of the following members:

Sl. No. Members Designation

1. (a) Chief Minister Chairman
2. (b) Commerce & Industry Minister Vice-Chairman
3. (c) All Cabinet Ministers Member
4. (d) Chief Secretary to Government of Meghalaya, Member
5. (e) Senior most Secretary to Government of Meghalaya, Planning Investment Promotion & Sustainable Development Department, Member Secretary
6. (f) Senior most Secretary to Government of Meghalaya, Commerce & Industries Department Member
7. (g) Senior most Secretary to Government of Meghalaya, Finance Department Member
8. (h) Senior most Secretary to Government of Meghalaya, Revenue and Disaster Management Department Member
   • (i) Such number of member or members as may be notified by the Government from time to time Member

1. (2) The Governing Council shall be the Competent Authority at the State level and exercise the following powers and perform the following functions, namely: -
   • (a) Subject to the overall control and superintendence of the Government, the Governing Council shall provide overall policy guidance and directions under this Act;
   • (b) The Governing Council shall be responsible for setting the strategic directions and guidance for the UIP clearances and industries facilitation required for its effective functioning;
   • (c) The orders and decisions of the Governing Council shall be binding upon all Government Departments, Authorities and Agencies and such Departments, Authorities and Agencies shall issue requisite clearances and permissions within the stipulated time limit: provided that the relevant provisions of the applicable Acts and Rules of the Government or Central Government for investment clearances and permissions are complied by the investor or applicant;
   • (d) The Governing Council may assign or revoke its functions or powers to High-Powered Committee, State Investment committee, District Investment Committee and Chief Executive Officer as prescribed by rules under the Act for effective implementation of this Act;
   • (e) The Governing Council shall meet to carry out its functions, but it shall meet at least once annually or as needed at such place, as the Chairman may decide, for performance review of the High-Powered Committee, State Investment committee, District Investment Committee, and Invest Meghalaya Authority; and for providing necessary recommendations and approvals if required. The Governing Council may also consider matters referred by the High-Powered Committee, Invest Meghalaya Authority, and the Government, and take appropriate decisions;
   • (f) To invite competent authorities or expert or officials from other departments, who are not members of the Council, as special invitees for any meeting as desired by the Chairman of the Council;
   • (g) It shall be responsible for approval of any borrowings or hypothecation of any assets of the Authority, if required;
   • (h) It shall approve the annual budget, accounts and reports including the audit reports of the Authority.

1. (1) The Government may, by notification, constituted a High-Powered Committee which shall consist of the following members:

Sl. No. Members Designation

1. (a) Chief Minister Chairman
2. (b) Commerce & Industry Minister Vice-Chairman
3. (c) Minister of the concerned department for which Investment proposal will be discussed Member
4. (d) Chief Secretary Member
5. (e) Senior most officer or authorized representative not below the rank of Secretary of Planning Investment Promotion & Sustainable Development Department Member
6. (f) Senior most officer or authorized representative not below the rank of Secretary of Commerce & Industry Department Member
7. (g) Senior most officer or authorized representative not below the rank of Secretary of Finance Department Member
8. (h) Senior most officer or authorized representative not below the rank of Secretary of Forest & Environment Department Member
   • (i) Senior most officer or authorized representative not below the rank of Secretary of concerned department for which Investment proposal will be discussed Member
9. (j) Chief Executive Officer, Invest Meghalaya Authority Member-secretary
10. (k) Such number of member or members as may be notified by the Government from time to time Member

1. (2) The High-Powered Committee for Investments shall be the Competent Authority at the state level and exercise the following powers and perform the following functions, namely: -
   • (a) The High-Powered Committee for Investments shall regularly monitor, supervise, and review the functioning of the State Investment Committee, Invest Meghalaya Authority and District Committee for Investments for industries facilitation and UIP clearances;
   • (b) It shall carry out such other functions as may be assigned to it by the Governing Council or the Government;
   • (c) The Committee may assign or revoke the functions or powers to the State Investment Committee, Invest Meghalaya Authority and District Investment Committee within the powers or functions assigned under this Act or by the Governing Council for effective implementation of this Act;
   • (d) The High-Powered Committee for Investments shall meet at least once in a quarter or as needed, at such place, as the Chairman of the Committee may decide, for performance review of the State Investment Committee, District Investment Committee, and Invest Meghalaya Authority and for providing necessary recommendations and clearances where required;
   • (e) To invite competent authorities or expert or officials from other departments, who are not members of the Committee, as special invitees for any meeting as desired by the Chairman of the Committee;
   • (f) Such other powers and functions as may be prescribed by the Government or Governing Council from time to time;
   • (g) The High-Powered Committee for Investments shall give in principle approval referred to it for investments more than ten crore rupees;
   • (h) The High-Powered committee shall grant approval of customized financial incentive packages for new projects under Industrial Policy or sector specific policies.

1. (1) The Government may, by notifications, constitute a "State Investment Committee" at state level which shall consist of the following members:

Sl. No. Members Designation

1. (a) Chief Secretary Chairman
2. (b) Senior most officer or authorized representative not below the rank of Secretary of Planning Investment Promotion & Sustainable Development Department Member
3. (c) Senior most officer or authorized representative not below the rank of Secretary of Commerce & Industry Department Member
4. (d) Senior most officer or authorized representative not below the rank of Secretary of Finance Department Member
5. (e) Senior most officer or authorized representative not below the rank of Secretary of the concerned department for which Investment proposal will be discussed Member
6. (f) Chief Executive Officer, Invest Meghalaya Authority Member-secretary
7. (g) Director, Commerce & Industries Department Member
8. (h) Director of the concerned department for which Investment proposal will be discussed Member
   • (i) Such number of member or members as may be notified by the Government from time to time Member

1. (2) The State Investment Committee shall be the Competent Authority at the State Level and exercise the following powers and perform the following functions, namely: -
   • (a) It shall carry out such other functions as may be assigned to it by the Governing Council or the High-Power Committee or Government;
   • (b) The State Investment Committee shall meet at least once in a month or as needed, at such place, as the Chairman of the Committee may decide, for performance review of the District Investment Committee and Invest Meghalaya Authority and for providing necessary recommendations where required;
   • (c) To meet at such times and places as the Chairman of the Committee may decide and shall transact business as per the procedure as may be prescribed;
   • (d) To invite competent authorities or expert or officials from other departments, who are not members of the Committee, as special invitees for any meeting as desired by the Chairman of the Committee;
   • (e) The Member of the State Investment Committee shall attend the meeting convened under clause
   • (b) and in case he is unable to attend the meeting, he may depute an officer not below the rank of Joint Secretary to take appropriate decision in the meeting;
   • (f) Such other powers and functions as may be prescribed from time to time by Government or Governing Council or High-Power Committee by rules under the Act;
   • (g) The State Investment Committee for Investments shall give in principle approval referred to it for investments more than one crore rupees to ten crore rupees;
   • (h) State Investment committee shall grant approval of financial incentive packages for large, medium, small and micro projects under Industrial Policy or Sector specific Policies.

Constitution, powers, and functions of District Investment Committee. - 11 (1) The Government may, by notifications, constitute a "District Investment Committee " for each district which shall consist of the Chairman, and members as follows: - Sl. No. Members Designation

1. (a) Deputy Commissioner Chairman
2. (b) General Manager-District Commerce & Industries Centres
3. (DCIC) Member-Secretary
4. (c) Assistant Director of Commerce & Industries Member
5. (d) Representative of Invest Meghalaya Authority Member
6. (e) District Planning Officer Member
7. (f) Pollution Control Board Officer of the District Member
8. (g) District Officer of Labour Department Member
9. (h) Executive Engineer of the District of concerned Electricity Distribution Company under which district falls Member
   • (i) Divisional Forest officer Member
10. (j) Such number of member or members as may be notified by the Government from time to time Member (2) The District Investment Committee shall be the Competent Authority at the district level and exercise the following powers and perform the following functions, namely: - (a) To meet monthly or as needed at such times and places as the Chairman of the Committee may decide and shall transact business as per the procedure as may prescribed; (b) To coordinate for all clearances for setting up of industrial units; (c) To review and monitor the processing of applications by the competent authorities; (d) To invite Competent authorities or experts or officials from other departments, who are not members of the Committee, as special invitees for any meeting of the District Investment Committee as desired by the Chairman of the Committee; (e) The Member of the District Investment Committee shall attend the meeting convened under clause
11. (a) and in case he is unable to attend the meeting, he may depute an officer to take appropriate decision in the meeting; (f) Such other powers and functions as may be prescribed from time to time by Government or Governing Council or High-Powered Committee or State Investment Committee; (g) The District Investment Committee shall coordinate with all line departments for getting all clearances; (h) The District Investment Committee shall give in principle approval referred to it for investments up to one crore rupees; (i) The District Investment committee shall provide recommendation of financial incentive packages for Micro units under Industrial Policy.

Unified Investment Portal. - All applications shall be received, all decision conveyed, and relevant services delivered through an online portal. It shall ensure that there is no physical interface between applicant and concerned officers for delivery of the services.

Combined Application Forms. - The Combined Application Forms

1. (CAF) shall be prescribed, along with such fees, in lieu of existing forms prescribed under applicable Acts and Industrial Policy, as notified from time to time. All appropriate authorities shall accept such CAF for processing and issue of required clearances: Provided that where any form and fee has been prescribed for such clearances in any Central law, the applications shall be submitted only in that very form along with that fee to be submitted.

Procedure for online application for obtaining clearance in Unified Investment Portal. - 14 (1) The applicant seeking any investment clearance shall register through the UIP created by the Invest Meghalaya Authority for the investment facilitation and on registration, applicant shall be given a unique ID and password for future reference;

(2) The Combined Application Form

1. (CAF) as constituted under section 13, along with prescribed attachment shall be uploaded online as per guidance available in the UIP; (3) On receipt of the Combined Application Form (CAF), the system shall automatically forward it shall be processed directly through UIP to the concerned department for vetting of the project; (4) Upon approval with remarks from the concerned departments, the Authority shall present the project proposal to the High-Powered Committee or State Investment Committee or District Investment Committee (based on the size of the investment) for in principle approval. (5) Post in principle approval, based on the nature of investment, the applicant can apply for relevant requisite clearances or pre- establishment approvals through the UIP with additional necessary information; (6) On receipt of the additional information and payment of prescribed fees, the UIP shall automatically forward the same to the concerned competent authority; (7) The Competent Authority shall be provided online access to the UIP through secured user ID and password, to process the application forwarded to them; (8) The competent authority shall process the application and communicate the decision regarding approval or rejection of the request along with comments and upload the same in the UIP within the prescribed time limit as notified by the Government from time to time; (9) At each stage of the application, an e-mail and SMS alerts shall be sent to the applicant; (10) Post obtaining clearance on the application, the applicant can set up the investment and apply for pre-operational approval or clearances as per guidance available in UIP; (11) Post pre- operational approvals and commencement of production or service, the applicant can apply for incentives under concerned sectoral policies or Industrial Policy of the Government as per guidance available in UIP.