Section 6 in Bihar Industrial Investment Promotion Act, 2016
6. Constitution of Secretariat of the State Investment Promotion Board.
(1)Industrial Development Commissioner: There shall be an Industrial Development Commissioner who shall be the head of the Secretariat. Principal Secretary, Department of Industries, Government of Bihar shall ordinarily be the Industrial Development Commissioner unless otherwise decided by the State Government.(2)Constitution:The Secretariat of the State Board shall be constituted consisting of the following members:-(a)An officer of the Finance Department not below the rank of Joint Secretary,(b)An officer not below the rank of Environmental Engineer of the Bihar State Pollution Control Board,(c)An officer not below the rank of Town Planner/ Architect/ Urban Planner of the Urban Development and Housing Department(d)An officer not below the rank of Joint Labour Commissioner of the Labour Resources Department(e)An officer not below the rank of Deputy Commissioner of the Commercial Taxes Department(f)An officer not below the rank of Superintendent Engineer of the Bihar State Power Holding Corporation Limited(g)An officer not below the rank of Deputy Secretary to be deputed by Revenue and Land Reforms Department(h)An officer not below the rank of Deputy Chief Inspector of Factories of the Labour Resources Department(i)Such other officers and staffs as may be required by the Secretariat to be appointed either on deputation or contract by the State Government.(3)Functions of the Secretariat. The following shall be the functions of the Secretariat :-(a)receive, process and make available all required clearance to all new investment proposals including modernization, upgradation and expansion of existing industrial units.(b)plan, design and implement campaigns to promote Bihar as investment destination within and outside the country;(c)arrange to receive and process Common Application Forms and ensure that all clearances are given within the time limits to be prescribed under rules;(d)collect prescribed fees and deposits on behalf of the competent authority for grant of clearance and transfer the fees and deposits to the respective accounts.(e)convey such clearances to the applicant and where there are deficiencies in the application, convey such deficiencies to the applicant and get these rectified;(f)collate and furnish statistical information on investment by sectors, product and scale, collect all relevant statistical information and provide to Union and state authorities as and when required; and(g)prepare sector and product wise information for prospective investors and disseminate through web sites, print and visual media and other means as may be directed by the Department.(4)The members of the Secretariat shall examine and recommend for clearance to the respective competent authority online.The respective competent authority shall be bound to take a decision within 30 days of receipt of such recommendation or within a time limit prescribed by the concerned acts or rules under which the clearance is being granted. The clearance shall be communicated to the secretariat online within the stipulated time which shall be made available to the investor. In case the concerned department fails to grant clearance or take a decision, the clearance would be deemed to have been granted and the Secretariat shall issue a clearance in this regard. The concerned competent authority shall comply with the clearances issued by the Secretariat and shall not have any powers to review the decision of the Secretariat.The above mode of giving clearance shall be applicable as and when a request for clearance will be received from the investor through a common application form.(5)The Commissioner shall have powers to direct a public authority to carry out investigation, enquiry and seek a report on issues related to clearance under the various acts required for investment proposals within a specified time limit. The Commissioner shall have powers to give directions to public authority to take decisions within a prescribed time limit.
