(a) Board of Governors Full power
(b) Executive Committee Upto Rs. 1 Cr.
(c) Chief Executive Officer level Upto Rs. 20 lakh.
Suspension or cancellation of clearance.
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.
Penalty. 23.
(1) Any applicant who makes an application for obtaining clearance under Section 9 and signs and furnishes a Self Certificate to the Single Window Agency under Section 10 by corruptly using or attempting to use false or fabricating documents or by issuing or 12 signing such Certificate knowing to be false and fabricated and using or attempting to use such certificate as true knowing to be false and/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 section/s of the Indian Penal Code,
1860.
(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, be punishable with fine which may extend to twenty thousand rupees for the first offence and for the second or subsequent offences with fine which may extend to thirty thousand rupees.
(3) The relevant provisions of the Code of Criminal Procedure, 1973 shall apply in case of the offences committed under sub-section (1) and (2) of this section.
Central Act No.48 of 1860 Central Act No.2 of 1974 Offences by Companies, etc.
24.
(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) 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 ,-
(a) "Company" means any body Corporate and includes a firm or other association of individuals ; and
(b) "Director" in relation to a firm means a partner in the firm.
Action against Officer and Staff.
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 service/s under this Act shall be liable for disciplinary action under the relevant rules applicable to him.
13 Power to remove difficulty.
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 Board of Governors.
Power to delegate.
27.
The Board of Governors may delegate any of its powers to the Executive Committee or the Chief Executive Officer, as the case may be, through a specific resolution in this respect.
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 in the Industries and Commerce 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) The Government may, by notification, make rules for carrying out the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made before the Assam Legislative Assembly while it is in session for a total period of fourteen 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 Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree 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 .
Repeal and savings.
30.
(1) The Assam Ease of Doing Business Ordinance, 2016 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act had come into force on the date on which the said Ordinance came into force.
Assam Ordinance No.1 of 2016 s.M. BUZAR BARUAH, Secretary to the Government of Assam, Legislative Department, Dispur.