DEC
(1) The State Government may by notification constitute committee at district level called as “District Executive Committee”.
(2) The District Executive Committee constituted under section 12.1 shall consist of the Chairman and the following members, namely:- Members Designation a. Deputy Commissioner of the District Chairman b.
Deputy Commissioner Commercial Tax Officer ofthe District Member c. Regional Officer, Jharkhand Pollution Control Board Member d. General Manager of DIC Member Secretary e. District Planning Officer Member f. District officer of Labour Department Member g.
Executive Engineer of the District of concerned Electricity Distribution Company under which district falls Member h. District Mining Officer Member i. Divisional Forest Officer Member
(3) The District Executive Committee may invite an officer of the concerned Department as a special invitee if so required Constituti on of District Executive Committe e Chairman and Member s of District Executive Committe e
13. Functions of District Executive Committee Functionin g of District 22 झारखÖड गजट (असाधारण) बुधवार, 1 जून, 2016
(1) The District Executive Committee shall regularly monitor, supervise and review the functioning of the District Level Nodal Agency for the effective implementation of the Act.
(2) It shall carry out such other functions as may be assigned to it by the High Powered Committee under section 7.
(3) The Committee may assign or revoke the functions / powers to the District Level Nodal Agency within the powers / functions assigned by the Act or by the High Powered Committee for effective implementation of this Act.
(4) The District Executive Committee shall meet at least once in every month at such place, as the Chairman of the Committee may decide, for performance review of the District Executive Committee; and for providing necessary recommendations wherever required.
(5) The District Executive Committee may also consider matters referred to it by the District Level Nodal Agency and take appropriate decisions.
(6) It shall further refer any case / issue / proposal to the Department of Industries with its recommendations and suggestions, if considered necessary.
(7) A member of the District Executive Committee shall personally attend its meeting and in case he/she is unable to attend, he/she may depute a Senior Level Officer with a written authorisation to take appropriate decisions in the meeting.
(8) The Committee shall be responsible for promoting investments in the District and other related activities.
(9) The District Executive Committee shall be responsible for preparation and submission of progress reports to the District Planning Committee.
Executive Committe e
14. District Level Nodal Agency District Industries Centre shall be the District Level Nodal Agencyof the Agency and District Executive Committee.
District Level Nodal Agency
15. Functions of District Level Nodal Agency
(1) It shall assist in investment promotional activities in the district.
(2) It shall guide and assist entrepreneurs in investment and setting up their projects or industrial units in the district.
(3) It shall guide the entrepreneurs on various clearances, including providing application forms and also to receive the filled up forms from them wherever authorised and facilitate the entrepreneur on required clearances from the departments and authorities within the stipulated time.
(4) It shall exercise all the powers/ functions assigned by the Single Window Clearance Committee and the District Executive Committee and as delegated time to time by the State Government by notification.
Functionin g of District Level Nodal Agency
16. Eligible Clearances
(1) All proposed or existing investments which need clearance under one or more of the applicable acts shall be eligible for facilitation through single window clearance web-portal, whenever facility for clearance is available Eligible Clearance s 23 झारखÖड गजट (असाधारण) बुधवार, 1 जून, 2016 in the web-portal for concerned applicable acts.
(2) For all clearances other than facilitated under sub section (1), officers of departments placed in the agency shall process for clearances within the time-line prescribed by appropriate authority.
17. Memorandum of Understanding
(1) The CEO of the SWCC or any authorised Officer shall sign memorandum of understanding (MoU) only for mega industries as provided under industrial policy and cases in which Government has given specific direction to do so.
(2) The CEO of the SWCC shall obtain the approval of High Powered Committee before signing such MoU for mega industries.
Memoran dum of Understan ding
18. Web- Portal The Agency shall maintain and operate web-portal for single window clearance of all clearances under various applicable Acts and Industrial Policy, as notified from time to time, under this Act.
Web portal
19. Combined Application Form(s) (CAF)
(1) The Combined Application Form(s) (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.
(2) 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.
Combined Applicatio n Form
20. Self-Certification
(1) Every entrepreneur shall furnish a self-certification, in such form as may be prescribed, at the time of submitting the duly completed CAF and thereafter the appropriate authority within in the prescribed time limit that he/she shall comply with the applicable provisions of the applicable Acts and rules made there under.
(2) The self-certification furnished as in sub-section (1) by the entrepreneurs(s) shall be accepted by the appropriate authorities for the purpose of granting and issuing of clearance and giving other benefits to the entrepreneur(s).
Self- Certificati on
21. Rationalisation of Inspections
(1) Inspections under the provisions of applicable Acts or Rules by different levels of authorities, shall be conducted jointly by the office of the Labour Commissioner and Jharkhand State Pollution Control Board and other, Rationalis ation of Inspection 24 झारखÖड गजट (असाधारण) बुधवार, 1 जून, 2016 once in a year.
(2) Department shall conduct inspection based on risk based assessment as maybe prescribed in their respective rules/bye-laws.However, inspection against specific complaints may be conducted with the authorisation of the Head of the Departments.
s
22. Third Party Inspections Inspections under the provisions of applicable Acts or Rules by different state authorities, wherever applicable, may be prescribed to conduct through empanelled third party inspection agencies of appropriate authorities. The Third Party Inspection Report shall be furnished in such from as may be prescribed.
Third Party inspection s
23. Procedure for Disposal
(1) The applications submitted for clearances shall be disposed of by following such procedure, as may be prescribed.
(2) The applications referred to in sub-section (1), shall be disposed of within such period as prescribed.
(3) While granting clearances, the Appropriate Authority may ask for any additional information from the applicants;
(4) Provided that such additional information shall be sought by the Appropriate Authority within the period prescribed for such clearances.
(5) Provided further that any additional informational shall be called for only at one time.
(6) If no additional information is sought by the Appropriate Authority from the applicant, it shall pass orders on the application with regard to clearances before the expiry of the stipulated period.
(7) In case, additional information is sought for clearances, the application shall be disposed of within the stipulated period, which shall be counted from the date of receipt of the additional information.
Procedure for Disposal
24. Deemed Approval The State Government may, by notification, notify the clearances in respect of which, failure by the appropriate authority to grant clearance or pass final order within the period specified shall be treated as a deemed approval. .
Deemed Approval
25. Appeals
(1)Any entrepreneur aggrieved by the decision of the District Executive Committee, District Level Nodal Agency and Agency disapproving the project, or any other grievances may make, within thirty days from the date of receipt of communication of the decision of the Committee, first appeal to theSingle Window Clearance Committeeas may be prescribed. Appeal against the order of Single Window Clearance Committee shall lie with High Powered Committee.
(2)The second appeal against the order of High Powered Committee shall lie Appeals 25 झारखÖड गजट (असाधारण) बुधवार, 1 जून, 2016 with Governing Body through Principal Secretary/Secretary Industries and decision of Governing Body is final and binding on all under this Act.
(3)The Appellate Authority shall, after following such procedure, as may be prescribed, dispose of the appeal within a period of one month from the date of its receipt or the next Body/Committee meeting whichever is later.