Chapter II NODAL AGENCY AT STATE AND DISTRICT LEVEL.

(1) For clearances that are required for setting up new enterprises or expansion of existing enterprises with proposed investment exceeding the amount notified under sub-section (1) of Section 5, the Guidance Bureau shall be the Nodal Agency at the State level. (2) For clearances that are required for setting up new enterprises or expansion of existing enterprises with proposed investment upto the amount notified under sub-section (1) of section 5, the Office of the Regional Joint Director of Industries and Commerce in respect of Chennai district, and the District Industries Centre in respect of other districts shall be the Nodal Agency at the district level. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Government may notify any other authority or Board as a Nodal Agency, for any specified area with such powers and functions as may be specified in the notification.

(1) Under the superintendence, direction and control of the Government and Respective Committees, the Nodal Agency shall discharge the following functions, namely:— (i) act as a single point of contact for all enterprises that require clearances and incentives as notified by the Government under section 6; (ii) assist the applicants in completing the application forms; (iii) arrange for pre-scrutiny of applications by convening meetings with representatives of Competent Authorities and address queries of investors; (iv) on completion of pre-scrutiny,— (a) accept those applications which are complete; or (b) ask for additional information in case of incomplete applications, in accordance with the rules made under this Act; (v) receive applications for clearances through single window portal; (vi) act as a secretariat to the Respective Committees and support them in discharging their functions; (vii) receive orders, either rejecting or accepting the application, from the Competent Authority and take appropriate action as may be prescribed; (viii) redress the grievances of enterprises, if any, associated with the process of securing clearances and incentives under this Act and the rules made thereunder. (2) The powers and functions of the Nodal Agency under this Act shall be in addition to the powers and functions discharged by it.

(1) The Government may, by notification from time to time, specify the investment limit upto which the application for clearances shall be made to the District Level Nodal Agency. All applications exceeding the said investment limit shall be made to the State Level Nodal Agency. (2) Notwithstanding anything contained in sub-section (1), the Government may prescribe that all applications from enterprises in a specified area notified under this Act shall be made to the Nodal Agency notified for that specified area.

The Government may prescribe the clearances and incentives in the rules made under this Act and may add or vary the clearances and incentives, from time to time.

Applications for clearances and incentives prescribed under section 6, shall be submitted through single window portal with such fee, including the fee payable to the Nodal Agency as may be prescribed and in such manner as may be prescribed.

(1) On receipt of an application, the Competent Authority shall have the powers to seek additional information or clarification, if required, from the applicant: Provided that the additional information or clarification shall be sought for only once before the expiry of the time limit prescribed under section 11 and all correspondences relating to the additional information or clarification shall be routed through the single window portal, in such manner as may be prescribed. (2) The Competent Authority shall pass an order either accepting or rejecting the application, through the single window portal.

(1) The Government shall prescribe a Combined Application Form, either in physical or electronic format, which may consist of,— (i) Forms under Central enactments without any change; and (ii) existing Forms or new Forms in lieu of the existing Forms under State enactments. (2) All Departments and the Competent Authorities concerned shall accept the Combined Application Form for processing and issue of required clearances.

(1) Every enterprise shall furnish a self-certification, together with an undertaking that it shall comply with the provisions of the relevant Acts and the rules, in such Form as may be prescribed along with the application through single window portal. (2) The self-certification furnished by the enterprise shall be accepted by the Competent Authority concerned for the purpose of grant of clearance. (3) The enterprise shall be made liable for fine under section 28, if the particulars furnished by it are found to be false or incorrect or if the enterprise fails to adhere to the declarations made in the self-certification, at any point of time.

(1) Notwithstanding anything contained in any State law for the time being in force, the Government may prescribe,— (a) the procedure for processing and disposal of applications; (b) the time limit for raising queries, processing and disposal of applications by the Competent Authority. (2) The Competent Authority shall pass orders on the application before the expiry of such time limit from the date of receipt of application, complete in all aspects.

(1) The Government shall prescribe the clearances in respect of which failure of the Competent Authority to pass final orders on the application within the prescribed time limit shall result in deemed approval. (2) The enterprise may proceed to execute the work or take other action following the deemed approval, without contravening any of the provisions of the Acts, rules, bye-laws, notifications, standing orders, executive instructions, guidelines and the regulations made by the Competent Authority concerned for such clearances and as per the self-certification furnished by the enterprise under section 10.

The Respective Committee shall inform 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 approved.

(1) The Government may, by notification, specify the clearances for which inspections under the provisions of the applicable Acts, rules, orders or instructions shall be conducted by the Competent Authorities in accordance with such guidelines as may be prescribed.

(2) The Government may, from time to time, by notification, specify the clearances for which exemption is granted from inspection and may also delegate the powers of inspection to any person or authority in respect of any specific clearance covered under this Act.