The Uttar Pradesh Nodal Investment Region for Manufacturing (Nirman) Kshetra Act, 2024
Chapter VI CHAPTER VI
TO FACILITATE EASE OF DOING BUSINESS
15. Constitution of committees
15. The NIRMAN Kshetra Authority may constitute an Executive Committee and such other committees consisting of such number of its members for performance of its functions as may be specified by regulations: Provided that the core functions of the NIRMAN Kshetra Authority such as preparation of the development plan, town planning scheme and the general development regulations shall not be delegated to any committee of the NIRMAN Kshetra Authority.
TO FACILITATE EASE OF DOING BUSINESS
16. NIRMAN Kshetra Authority to grant clearances
16. (1) The NIRMAN Kshetra Authority shall exercise, within the NIRMAN Kshetra and its periphery, all powers of any "agency" as devolved upon the agency under respective Acts, rules or regulations or notifications, if any, regarding grant of clearances and incentives in time bound manner and specifically mention such powers in the rules prescribed.
- (2) The "agency" shall devolve its power to the members of the NIRMAN Kshetra Authority for grant of clearances and incentives under its respective Acts, rules or regulations, notifications, if any, as may be prescribed.
- (3) In case any agency is unable to devolve its power to the NIRMAN Kshetra Authority, it shall delegate such powers to its officer deputed in the NIRMAN Kshetra Authority.
- (4) The NIRMAN Kshetra Authority shall perform the following functions within the NIRMAN Kshetra to facilitate ease of investment, namely: -
- (a) to adopt such procedure for transaction of its business, as may be prescribed;
- (b) to process online composite application forms for grant of clearances for setting up of new projects or expansion of existing units with such proposed investments, as may be prescribed.
- (c) to inform the entrepreneur the date on which such application may be deemed to have been approved in the case of deemed clearances;
- (d) to Act as single point agency for resolution of issues pertaining to multiple departments and settling the inter-departmental disputes of the existing industrial units;
- (e) to carry out such other functions, as may be assigned to it by the NIRMAN Board or the State Government.
- (5) The NIRMAN Kshetra Authority shall be the final authority for granting clearances. The clearances given by the NIRMAN Kshetra Authority shall be binding on the agency concerned.
- (6) The NIRMAN Kshetra Authority may appoint from time to time, any subcommittee under the Chairmanship of the Chief Executive Officer to assist it in carrying out its functions and to facilitate investment in the NIRMAN Kshetra.
TO FACILITATE EASE OF DOING BUSINESS
17. Deemed clearances
17. (1) Upon failure of the NIRMAN Kshetra Authority to issue clearance to any legitimate application filed in compliance with the relevant Acts or rules, policy, guidelines, within the stipulated time, the application shall be deemed to have been issued with such clearance.
- (2) Notwithstanding anything contained in sub-section (1), the NIRMAN Kshetra Authority may, within the first thirty days of the submission of the completed application, ask for additional information from the applicant: Provided that such request for additional information shall be made only twice by the NIRMAN Kshetra Authority.
- (3) In case the additional information furnished by the applicant to the NIRMAN Kshetra Authority is found to be insufficient or unsatisfactory upon scrutiny, the NIRMAN Kshetra Authority shall be at liberty to reject the application within the stipulated time by issuing an order in writing by giving reasons for rejecting the application: Provided that in case no order is issued within the stipulated time by theNIRMAN Kshetra Authority, the application shall be deemed to have been issued clearance.
- (4) The deemed clearance shall, for all intents and purposes, carry the weight of a clearance granted by the NIRMAN Kshetra Authority under the relevant Act or any rules, policy, guidelines framed thereunder.The NIRMAN Kshetra Authority shall provide an automatically generated certificate through an online portal on the day any application is deemed to have been issued clearance.
- (5) All clearances granted under the relevant Act or any rules, policy, guidelines framed thereunder, shall automatically be renewed on submission of an undertaking by the applicant that there is no change in the parameters against which renewal is sought and on submission of requisite fee: Such renewals shall be online, automatic, and non-discretionary.
- (6) NIRMAN Kshetra Authority may, through an order issued in writing, delineating the reasons thereof, revoke the deemed clearance granted under section 17, within an inspection period, as defined by the NIRMAN Board from time to time for each clearance, from the grant of deemed clearance, if any submission made by the applicant in the Common Application Form or any supporting document is found to be false or fraudulent, or the applicant’s business being run or established on the basis of deemed clearance issued by the Government is found to be in violation of any provision of the relevant Act or any rules, policy, guidelines framed thereunder, and such a fact is brought to the notice of the Department or agency concerned.
- (7) The provisions contained in section 17 shall not debar the NIRMAN Kshetra Authority from carrying out inspections with due process to ensure compliance of conditions of the relevant Act or any rules, policy, guidelines framed thereunder.
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