ASSAM EASE OF DOING BUSINESS ACT, 2016
NOTIFICTION
The 14thjuly, 2016
No. LGL.262/2015/39.- The following Act if the Assam Legislative Assembly which received the assent of the Governor on 29th June, 2016 is hereby published for general information.
ASSAM ACT NO. V OF 2016
Received the assent of the Governor on 29th June, 2016
AN ACT
to provide for speedy processing of applications and issue of various clearances required to be issued by various competent authority of authorities of the state Government of Assam under various State enactments for setting up industrial or service sector undertaking in the State of Assam and for matters connected there with or incidental there to.
Preamble:- Whereas it is expedient to provide for speedy processing of application and issue of
1 Short title, extent and commencement:- (1) This Act may be called the Assam Ease of Doing Business Act, 2016.
(2) It extends to the whole of Assam.
(3) It shall be deemed to have come into force on the 26th day of February. 2016
2 Application:- This Act shall apply to various clearances required under various State enactments for setting up of industrial or service sector undertaking in the State if Assam but shall not apply to any clearance required under any central enactment
3 Definitions:- In this Act unless the context otherwise requires,-
(a) "Application" means application as mentioned in Sections 8 and 9 and the word "applicant" shall be construed accordingly;
(b) "Board of Governor" means the Board of Governors of the Bureau constituted under Section 5;
(c) "Bureau" means Assam Bureau of Investment Promotion established under Section 4;
(d) "Chief Executive Officer" means the Chief Executive Officer of the Single Window Agency constituted under Section 7;
(e) "Clearance" means grant or Issue of non-objection certificate allotment, consent, approval, permission, registration excluding registration required under taxing Acts of the State of the Central, enrollment, licenses and like, by any competent authority or authorities of the State enactments in connection with the setting up of an Industrial of Service sect
4 Establishment of Assam Bureau of Investment Promotion:- there shall be established a Bureau under the mane and style the Assam Bureau of Investment Promotion (ABIP) for the purpose of overall supervision and administration of the speedy processing of applications and issue of various competent authority or authorities of the State Government under various state enactments, for setting up of Industrial or service sector undertaking on the State of Assam, comprising of a board of Governors to be constituted under section 5.
5 Constitution of Board of Governors:- The State Government may, by notification, constitute a board of Governors for the Assam Bureau of Investment Promotion (ABIP) under the Chairmanship of Chief Minister of Assam The composition of the Board of Governors shall be as follow:-
6 Functions of the Board of Governors:- (1) The Board of Governors which shall the apex body all matters relating to Assam Bureau of Investment Promotion, shall be responsible for,-
(a) approving the regulation and procedures if the Bureau and the Single Window Agency and entrustment of any other functions to the Executive Committee and the Chief Executive Officer in conformity with this Act;
(b) creating, sanction, abolition and re-designation of posts required for effective functioning of the Bureau;
(c) approving the annual budget, account and reports including the adult reports of the Bureau.
(2) (a) The Board of Governors shall meet at least once in a year or such other times as may be directed by the Chairman;
(c) The Board of Governors may co-opt any members, if so required for assistance of the Board in any matter for proper and effective
7 Constitution of Single Window Agency and Executive Committee:- the Government may, by notification, constitute a Single Window Agency (SWA) for speedy clearances, for investment promotion in the State of Assam comprising of and Executive Committee of the Single Window Agency with the following members:-
(i) be responsible for creation of a dedicated Centralized Web Portal with connectivity, so that the investors may submit application form/s online, as required by them for obtaining various clearance;
(ii) be headed by a Chief Executive Officer to be appointed by the Government;
(iii) prepare a combined application form for online submission by the Investors for obtaining various clearances, which shall consist of,-
(i) forms under the relevant Central enactments without any change; and
(ii) existing forms of new forms in lieu of the existing forms under the relevant state enactments;
(iv) publish downloadable application form/s, comprehensive check list, etc. covering all activities in their portal;
(v) follow the re
9 Procedure for online application for obtaining:-
(i) The applicant seeking any clearance shall register through the Single Window portal created by the Single Window Agency for the purpose and on registration, applicant shall be given a unique ID and password for future reference;
(ii) The application form along with prescribed attachment shall be submitted/uploaded online, wherever feasible, Other attachments, wherever necessary, shall be sent to the concerned competent authority through curler, and can be tracked online through a built-in system as per guidance available in the Single Window Portal;
(iii) on receipt of the application form online, the system shall automatically forward it to the concerned competent authority, The Single Window Agency shall hand over hard copy or copies of such application/s to the officer under the disposal of the Chief Executive Officer to follow up a
10 Self Certification:- (1) Every applicant shall furnish a "Self Certificate" at the time of submitting Online application to the Single Window Agency in the format attached with the application form.
(2) The Self Certificate furnished by the applicant shall be taken into consideration and accepted by the competent authority as a reliable document to which the applicant shall be fully responsible.
Explanation: The word "applicant" mentioned in section 8 and 9 of this Act shall also mean Registered Technical Personal (RTPs) through whom the Building permission proposals are submitted in respect of Guwahati Metropolitan Development Authority (GMDA).
11 Office, Officers and staff of the Single window Agency:- (1) There shall be a permanent set up the Single Window Agency in an appropriate location as may be decided by the Government in the Industries and Commerce Department, with all basic required infrastructure, officers and staff as may be prescribed;
Provided that no posts of the Single Window Agency shall be created without prior approval of the Bureau and the Government.
(2) The State Government shall appoint a Senior all India Services Officer as the Chief Executive Officer for carrying out the day function of the Single Window Agency.
(3) The staffing pattern qualifications, salary and allowances and other conditions of service of the officers and staff of the Single Window Agency shall be such as may be prescribed.
(4) Initially to start with its functions till the completion the recruitment process on a r
12 power to engage of outsource persons:- The Single Window Agency may engage or outsource any person of persons while performing its activities with the approval of the Executive Committee
13 Function of the Executive Committee:-
(a) Shall regularly monitor supervise and review the functioning of the Single Window Agency set up under this Act;
(b) shall sit at least once in a quarter or such other times as may be the Chairman of the Committee;
(c) shall be Responsible for recommending to the Board of Governors of the Bureau regarding any critical clearance or relaxation in any matter of investment proposals and activities of the Single Window Agency;
(d) shall be responsible for organizing campaign, events, conferences and meetings both in India and abroad for promoting Assam as an investment destination;
(e) may refer any matter or issue to the Government of the Board of Governors with its recommendation of suggestions, considered necessary;
(f) may invite the concerned administrative Head of Secretary of an
14 Functions of the Chief Executive Officer:- the functions of the Chief Executive Officer shall be as follows:-
(a) ha shall receive and process all investment proposals including new investment as well proposal of modernization, expansion of existing industries;
(b) he shall be responsible to run the Web Portal of Single Window Agency efficiently llaise with all competent authorities, preparation of monthly in time;
(c) he shall coordinate with all efforts of the State Government to encourage new investment and its actual implementation in the state in respect of all sectors of trade, commerce and industry;
(d) he shall receive or cause to be received applications online for new investment from Private and Public sector, and examine and process the same for all necessary statutory and other approvals;
(e) he shall issue notices to the competent
15 Time limit for issues of different clearances:- Notwithstanding anything contained in any state law for the time being in force the Government may prescribe time limits for processing of application and issuance of clearance/s by different competent authorities under this Act.
16 Deemed clearance:- (1) In the event of failure of the respective competent authority to issue the clearances within the time limit prescribed the requisite clearance Shall be deemed to have been accorded to the concerned applicants under various State enactments provided the applicants have paid requisite fees if any, the applications are complete in all respects and they ate free from any material defect;
Provided that provisions of this of section shall not be applicable in the matter of allotment purpose and Disaster Management Department of the State Government;
Provided futher that the deemed clearance under this section shall not guarantee issue of subsequent enquiry required for the same is complete
(2) The Single Window Agency shall Inform to 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 cl
17 The State Government may, by notification for good and sufficient reason to be recorded in writing, exempt any clearance from the purview of this Act.
18 (1) For smooth functioning of the Single Window Agency entire fund shall be provided by the Government through budgetary support.
(2) The Single Window Agency shall maintain a separate Bank Account of its receipts and expenditures in a Scheduled Bank.
(3) the Found under sub-section (1) shall be utilized for the following-
(a) Procurement of IT Hardware/Software, cost towards development of software, maintenance of Hardware/Software, payment towards connectivity charges, Annual charges if leased land, furniture and fixtures, procurement of electrical equipments, printing paper, postage and stamps, contingencies, mid term study, preparation of Request for Proposal (RFP) and to defray any other statutory dies etc.
(b) Salary for the officers and staff of the Single Window Agency including outsourced and contractual staff engaged by the Single Window Agency;
19 Account and Audit:- (1) The Single Window Agency shall cause to be maintained proper books of account and other books as may be prescribed and prepare an annual statement of accounts.
(2) The Single Window Agency shall cause its account to be audited annually by the statutory and Government auditors The auditors shall have the right to demand the production of books, accounts, connected vouchers, document and to papers and inspect the office of the Single Window Agency.
(3) As soon as the account of the Single Window Agency have been audited, the Single Window Agency shall send a copy thereof together with a copy of the report of the auditor thereon the State Government.
(4) The Single Window Agency shall comply with such directions as the State Government may, after the perusal of the report of the auditor thinks fit to issue.
20 Fees:- The State Government may by notification, impose such fees of charges in respect of any services provided under this Act if so desired.
21 Delegation of financial power:- The delegation of Financial power of different authorities for making expenditure under this Act shall be as under:-
| 22 Suspension or cancellation of clearance:- Any clearance issued by the competent authority of any deemed clearance shall be liable to be suspended of cancelled at any time by the competent authority if it is detected at any point of time the clearance has been obtained by false self certification, corrupt use of false of fabricating document, use of forged certificates of documents etc., after giving a reasonable opportunity of being heard, in addition to taking appropriate penal action under Section 23. |
23 Penalty:- (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 of by issuing of signing such Certificate Knowing to be false and fabricate 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 (Act No.45 of 1860)
(2) Any entrepreneur who falls 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
24 Offences by Companies, etc:- (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 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 offence was committed without his knowledge of 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 of connivance of, of that committed of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence shall
25 Action against officer and Staff:- any officer of staff working under the Single Window Agency of 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 section under the relevant rules applicable to him.
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