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State of Jammu-Kashmir - Section

Section 5 in Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018

5. Apex Project Clearance Committee.

(1)The Government may constitute a Apex Project Clearance Committee for each district which shall consist of,-
S. No Officer to be member of the Apex ProjectClearance Committee Designation
1. Chief Secretary, Jammu and Kashmir Chairman
2. Administrative Secretary, Industries andCommerce Department Member
3. Administrative Secretary, Power DevelopmentDepartment Member
4. Administrative Secretary, Forest DepartmentMember  
5. Administrative Secretary, Housing and UrbanDevelopment Department Member
6. Chairman, J&K Pollution Control Board Member
7. Director, Industries and Commerce, concerned Member
8. Managing Director, JKDFC Member
9. Managing Director, J&K, SIDCO Member-Secretary
10. Representative of Industrial Associationconcerned Member
(2)The Apex Project Clearance Committee shall exercise the following powers and perform the following functions, namely :-
(i)to receive application(s) for clearance(s) for setting up industrial/ service unit with proposed investment value as may be notified by the Government from time to time ;
(ii)to meet at such time and place at least once in a month as the Chairman of the Committee may decide and shall transact its business as per such procedure as may be prescribed ;
(iii)to review and monitor the processing of applications by the Competent Authorities, the Divisional Level Single Window Clearance Committee and the District Level Single Window Clearance Committee ;
(iv)to invite Competent Authorities or experts, who are not members of the Committee as special invitees at any meeting of the State Committee as desired by the Chairman or the Member-Secretary of the Committee ;
(v)to review applications and grievances pending beyond the timelines and give direction to the Competent Authority to take necessary action ;
(vi)to ask for reasons of delay and may call for necessary information and personal appearance of Competent Authority where applications and grievances are pending beyond the prescribed timelines ;
(vii)after performing necessary inquiry, recommend action against the Competent Authority if the Committee is of the opinion that there is wilful default in delaying the approval process of applications and grievances ;
(viii)to appoint a senior officer to inquire into the reasons of delay in disposal of applications by the Competent Authority or the grievances raised by the applicant ;
(ix)to review the industrial investment of the State and make necessary recommendations to the Investment Promotion and Facilitation Cell ;
(x)a Member of the Apex Project Clearance Committee shall attend the meeting convened under clause (ii) personally and in case he is unable to attend the meeting, he may depute a senior level officer with a written authorization to take appropriate decision in the meeting ;
(xi)the decision taken by the Apex Project Clearance Committee shall be binding on the District/Divisional Level Single Window Clearance Committee and the Competent Authorities ;
(xii)to examine all cases referred to it by the Divisional Level Single Window Clearance Committee and pass appropriate orders ;
(xiii)the orders passed by the Apex Project Clearance Committee shall be final and binding on the Divisional Level Single Window Clearance Committee, the District Level Single Window Clearance Committee and the Competent Authorities ;
(xiv)the Apex Project Clearance Committee may suo motu or on a reference, examine any order passed by the Divisional Level Single Window Clearance Committee or the District Level Single Window Clearance Committee and pass an appropriate order as it deems fit and such order shall be final ; and
(xv)such other powers and functions as may be prescribed.