The Meghalaya State Investment Promotion and Facilitation Act, 2024 (Act No. 6 of 2024)

 
The Gazette of Meghalaya 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
  No. 48                      Shillong,  Thursday,  March  14,  2024                                  24th  Phalguna,  1945  (S. E.) 
PART-IV 
GOVERNMENT OF MEGHALAYA 
LAW (B) DEPARTMENT 
------- 
NOTIFICATION 
The 14th March, 2024. 
No.LL(B)10/2024/61. – Meghalaya State Investment Promotion & Facilitation Act, 
2024 (Act No. 6 of 2024) is hereby published for general information. 
 
MEGHALAYA ACT NO. 6  OF 2024. 
 
(As passed by the Meghalaya Legislative Assembly)  
Received the assent of the Governor on the 12th March, 2024. 
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 14th March, 2024. 
 
 
 
 
 
 
 
 
 
 
 

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MEGHALAYA STATE INVESTMENT PROMOTION & FACILITATION ACT, 2024. 
An  
Act 
to provide an accelerated and time bound grant for various licenses, permissions and issuance of clearances required 
from various competent authority or authorities of the State Government of Meghalaya under various state 
enactments for setting up manufacturing or service sector undertakings and the promotion of economic 
development in the State; to simplify the regulatory framework by reducing procedural requirements and 
rationalizing documents; to improve ease of doing business, and thereby provide an investor friendly environment in 
the State of Meghalaya and for matters connected therewith and incidental thereto. 
Be it enacted by the Legislature of the State of Meghalaya in the Seventy-Fifth Year of the Republic of India as follows: 
– 
 
CHAPTER-I 
PRELIMINARY 
Short title, extent, 
and 
commencement. - 
1 (1) This Act may be called the Meghalaya State Investment Promotion & 
Facilitation Act, 2024. 
 
(2) It extends to the whole of the State of Meghalaya. 
 
(3) It shall come into force on the date of its publication in the Official 
Gazette. 
 
Definitions. - 2  In this Act, unless the context otherwise requires: 
 
(i)  "Appellate Authority" means an officer appointed by the 
Government by investing with the power to hear appeals against the 
orders passed by a Public Authority related to the delivery of service; 
 
(ii)  “Applicable laws” means Acts, Rules or Regulations pertaining to 
investment clearances, as may be prescribed from time to time; 
 (iii)  "Applicant " means a person including an entrepreneur, who himself 
or on behalf of a legal entity, on being so authorized, makes an e-
application for grant of requisite clearances or renewal thereof for 
setting up or operation of an industrial enterprise, a business or its 
expansion / diversification or availing incentives under the State 
Industrial Policy or sector specific policy; 
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 (iv)  "Application" means any application submitted by an applicant to 
avail the services scheduled under online UIP; 
 (v)  "Authority" means Invest Meghalaya Authority; 
 (vi)  “Clearance” means grant or issue of no-objection certificate, 
allotment, consents, approvals, permissions, registrations, 
enrolments, licenses, incentives and the like, by any Appropriate 
Authority in connection with the setting up of an enterprise in the 
State of Meghalaya and shall include all such permissions as are 
required under any applicable acts; 
 (vii)  "Competent Authority" means any department or agency of the 
Government, Local Authority, Statutory Body, State Owned 
Corporation, Urban Local Bodies or any other authority or Agency 
constituted or established under any Act or under administrative 
control of the Government, which is entrusted with the powers and 
responsibilities to grant or issue clearances; 
 (viii)  “Enterprise” means and includes an undertaking engaged in 
manufacturing and or processing or for providing service or doing any 
other business or any other commercial activity or a private industrial 
estate; 
 (ix)  “Entrepreneur or Investor” means a person or body of persons or a 
company, having or proposing to have majority investment or 
controlling interest in an enterprise and who brings forth a proposal 
for investment; 
 (x)  "Government" means Government of Meghalaya; 
 (xi)  “In principle approval” means a general approval to an investment 
proposal by the Board for facilitation purposes only which shall be 
subject to clearances from the concerned Competent Authorities 
under the relevant State laws; 
 (xii)  “Investment” means a fixed capital investment by an investor in 
industry or service or infrastructure or commercial project  and as 
defined in the States Industrial Policy; 
 (xiii)  "Local Authority" means District Industries Centre, Urban or Rural 
Local Body, Industrial parks, Municipal Boards, Meghalaya Urban 
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Development Authority or any other authority constituted by law and 
includes development authorities; 
 (xiv)  "Notification" means a notification published in Meghalaya Gazette, 
and the word "notified" to be construed accordingly; 
 (xv)  “Offence” means any submission or omission made by any person or 
entity, knowingly or unknowingly, that is in violation of the provisions 
of this Act, or any rules, regulations, or guidelines issued thereunder. 
This includes, but is not limited to, providing false, incorrect, or 
misleading information; forging, altering, or falsifying any document 
or part of a document; or using any such forged, altered, or falsified 
document with the intent to deceive, mislead, or defraud the nodal 
agency for investment approval during any stage of the application 
process. 
 (xvi)  "Person" shall include individuals or any company, or association or 
body of individuals, incorporated under relevant Acts of law; 
 (xvii)  "Prescribed" means prescribed by Rules made under this Act; 
 (xviii)  "Service" means services, including functions, obligations, 
responsibility, or duty, to be provided or rendered by a public 
authority. This may include licenses, approvals, renewals, no-
objection certificates, clearances, registrations, enrolments and the 
like, to be issued under various enactments in connection with the 
setting up of an industrial or service sector undertaking. 
 (xix)  "Unified Investment Portal (hereinafter referred to as UIP)" means 
an online system to provide all clearances to the investors under this 
Act; 
 
  
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CHAPTER-II 
CONSTITUTION, POWERS, AND FUNCTIONS OF INVEST MEGHALAYA AUTHORITY, THE GOVERNING 
COUNCIL, HIGH-POWER COMMITTEE, STATE INVESTMENT COMMITTEE AND DISTRICT INVESTMENT 
COMMITTEE 
Constitution of 
Invest Meghalaya 
Authority. - 
3 (1) The Government may, by notification appoint a Nodal Agency called 
“Invest Meghalaya Authority” at the State level, which shall be an 
authority, that will be governed by the Governing Council constituted 
under Section 8; 
 
(2) The Government may, by notification appoint the Chief Executive 
Officer (CEO) who shall be responsible for the day-to-day operations 
and shall exercise the powers and perform functions of the Nodal 
Agency as stated under this Act. 
 
 
Functions of Invest 
Meghalaya 
Authority as the 
Nodal Agency. - 
4 (1) The Nodal Agency will be responsible for creation of a UIP, so that the 
investors may submit the application forms online as required by 
them for obtaining various clearances; 
 
(2) The Nodal Agency shall provide secretarial support to the Governing 
Council, High Powered Committee, State Investment Committee and 
District Investment Committee, as the case may be; 
 
(3) The Nodal Agency shall arrange in principle approval from the 
respective committees on the basis of investment amount for project 
kick off;  
  (4) Under the superintendence, direction and control of the respective 
committees, the nodal agency shall acknowledge all applications and   
shall forward the applications to the concerned competent authority; 
  (5) The Nodal Agency will facilitate in pursuing the clearance of the 
applications with the competent authorities; 
  (6) The Nodal Agency shall prepare a Combined Application Form as 
provided under section 13 for online submission by the investors for 
obtaining various clearances; 
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  (7) The Nodal Agency shall upload downloadable application forms, 
comprehensive check lists and other requirements, as the case may 
be, covering all activities in the UIP; 
  (8) The Nodal Agency shall perform any other functions entrusted by the 
Government or Governing Council for carrying out the provisions of 
this Act. 
 
Powers of Invest 
Meghalaya 
Authority. - 
5 (1) The administrative and financial power of the Invest Meghalaya 
Authority shall be as prescribed by rules under the Act; 
 (2) The Chief Executive Officer shall be appointed by the State 
Government from amongst officers not below the rank of Joint 
Secretary or persons being distinguished experts with a 
demonstrated experience in industry or government; 
  (3) The Authority may engage such experts, consultants, advisors, or 
technology professionals, as may be required for efficient discharge 
of its powers and functions under this Act, on such allowances or 
remuneration and on such terms and conditions as may be prescribed. 
 
 
Vacancies etc., of 
the Nodal Agency 
not to invalidate 
proceedings. - 
6 No act or proceeding of the Authority shall be invalid merely by reason 
of- 
  (a) any vacancy in or any defect in the constitution of the Authority; 
 (b) any defect in the appointment of a person as Chief Executive 
Officer; or 
 (c) any irregularity in the procedure of the Authority not affecting 
the merits of the case. 
 
Officers and other 
staff of Invest 
7 (1) The Authority may depute Government officials or may appoint such 
other officers and employees of the Authority in such manner and 
with such qualifications, as may be prescribed.  
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Meghalaya 
Authority. -  (2) The salaries and allowances payable to and the other terms and 
conditions of service of officers and other employees of the Authority 
shall be such, as may be prescribed.  
 
 
Constitution, 
powers, and 
Functions of 
Governing Council. - 
8 (1) The Government, may, by notification, constitute a ‘Governing 
Council’ which shall consist of the following members: 
Sl. 
No. 
Members Designation 
(a)  Chief Minister Chairman 
(b)  Commerce & Industry Minister Vice-Chairman  
(c)  All Cabinet Ministers  Member 
(d)  Chief Secretary to Government of 
Meghalaya,  Member 
(e)  
Senior most Secretary to Government of 
Meghalaya, Planning Investment Promotion 
& Sustainable Development Department,  
Member 
Secretary 
(f)  
Senior most Secretary to Government of 
Meghalaya, Commerce & Industries 
Department 
Member 
(g)  Senior most Secretary to Government of 
Meghalaya, Finance Department Member 
(h)  
Senior most Secretary to Government of 
Meghalaya, Revenue and Disaster 
Management Department 
Member 
(i)  
Such number of member or members as 
may be notified by the Government from 
time to time 
Member 
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(2) The Governing Council shall be the Competent Authority at the State 
level and exercise the following powers and perform the following 
functions, namely: - 
  (a) Subject to the overall control and superintendence of the 
Government, the Governing Council shall provide overall policy 
guidance and directions under this Act; 
  (b) The Governing Council shall be responsible for setting the 
strategic directions and guidance for the UIP clearances and 
industries facilitation required for its effective functioning; 
  (c) The orders and decisions of the Governing Council shall be 
binding upon all Government Departments, Authorities and 
Agencies and such Departments, Authorities and Agencies shall 
issue requisite clearances and permissions within the stipulated 
time limit:  
provided that the relevant provisions of the applicable Acts and 
Rules of the Government or Central Government for investment 
clearances and permissions are complied by the investor or 
applicant; 
  (d) The Governing Council may assign or revoke its functions or 
powers to High-Powered Committee, State Investment 
committee, District Investment Committee and Chief Executive 
Officer as prescribed by rules under the Act for effective 
implementation of this Act; 
  (e) The Governing Council shall meet to carry out its functions, but it 
shall meet at least once annually or as needed at such place, as 
the Chairman may decide, for performance review of the High-
Powered Committee, State Investment committee, District 
Investment Committee, and Invest Meghalaya Authority; and for 
providing necessary recommendations and approvals if required. 
The Governing Council may also consider matters referred by the 
High-Powered Committee, Invest Meghalaya Authority, and the 
Government, and take appropriate decisions; 
  (f) To invite competent authorities or expert or officials from other 
departments, who are not members of the Council, as special 
invitees for any meeting as desired by the Chairman of the 
Council; 
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  (g) It shall be responsible for approval of any borrowings or 
hypothecation of any assets of the Authority, if required; 
  (h) It shall approve the annual budget, accounts and reports 
including the audit reports of the Authority. 
 
 
Constitution, 
powers, and 
functions of High-
Powered 
Committee. - 
9 (1) The Government may, by notification, constituted a High-Powered 
Committee which shall consist of the following members: 
Sl. 
No. 
Members Designation 
(a)  Chief Minister Chairman 
(b)  Commerce & Industry Minister Vice-Chairman  
(c)  Minister of the concerned department for 
which Investment proposal will be discussed 
Member 
(d)  Chief Secretary Member 
(e)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Planning Investment 
Promotion & Sustainable Development 
Department 
Member 
(f)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Commerce & Industry 
Department 
Member  
(g)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Finance Department 
Member 
(h)  Senior most officer or authorized 
representative not below the rank of 
Member 
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Secretary of Forest & Environment 
Department 
(i)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of concerned department for 
which Investment proposal will be discussed 
Member 
(j)  Chief Executive Officer, Invest Meghalaya 
Authority 
Member-
secretary 
(k)  
Such number of member or members as 
may be notified by the Government from 
time to time 
Member 
  (2) The High-Powered Committee for Investments shall be the 
Competent Authority at the state level and exercise the following 
powers and perform the following functions, namely: - 
  (a) The High-Powered Committee for Investments shall regularly 
monitor, supervise, and review the functioning of the State 
Investment Committee, Invest Meghalaya Authority and District 
Committee for Investments for industries facilitation and UIP 
clearances; 
  (b) It shall carry out such other functions as may be assigned to it by 
the Governing Council or the Government; 
  (c) The Committee may assign or revoke the functions or powers to 
the State Investment Committee, Invest Meghalaya Authority 
and District Investment Committee within the powers or 
functions assigned under this Act or by the Governing Council for 
effective implementation of this Act; 
  (d) The High-Powered Committee for Investments shall meet at least 
once in a quarter or as needed, at such place, as the Chairman of 
the Committee may decide, for performance review of the State 
Investment Committee, District Investment Committee, and 
Invest Meghalaya Authority and for providing necessary 
recommendations and clearances where required; 
  (e) To invite competent authorities or expert or officials from other 
departments, who are not members of the Committee, as special 
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invitees for any meeting as desired by the Chairman of the 
Committee; 
  (f) Such other powers and functions as may be prescribed by the 
Government or Governing Council from time to time; 
  (g) The High-Powered Committee for Investments shall give in 
principle approval referred to it for investments more than ten 
crore rupees; 
  (h) The High-Powered committee shall grant approval of customized 
financial incentive packages for new projects under Industrial 
Policy or sector specific policies. 
 
Constitution, 
powers, and 
functions of State 
Investment 
Committee. - 
10 (1) The Government may, by notifications, constitute a "State Investment 
Committee" at state level which shall consist of the following 
members: 
Sl. 
No. 
Members Designation 
(a)  Chief Secretary Chairman 
(b)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Planning Investment 
Promotion & Sustainable Development 
Department 
Member 
(c)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Commerce & Industry 
Department 
Member  
(d)  
Senior most officer or authorized 
representative not below the rank of 
Secretary of Finance Department 
Member 
(e)  Senior most officer or authorized 
representative not below the rank of 
Member 
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Secretary of the concerned department for 
which Investment proposal will be discussed 
(f)  Chief Executive Officer, Invest Meghalaya 
Authority 
Member-
secretary 
(g)  Director, Commerce & Industries 
Department Member 
(h)  Director of the concerned department for 
which Investment proposal will be discussed  Member 
(i)  
Such number of member or members as 
may be notified by the Government from 
time to time 
Member 
  (2) The State Investment Committee shall be the Competent Authority at 
the State Level and exercise the following powers and perform the 
following functions, namely: - 
  (a) It shall carry out such other functions as may be assigned to it by 
the Governing Council or the High-Power Committee or 
Government; 
  (b) The State Investment Committee shall meet at least once in a 
month or as needed, at such place, as the Chairman of the 
Committee may decide, for performance review of the District 
Investment Committee and Invest Meghalaya Authority and for 
providing necessary recommendations where required; 
  (c) To meet at such times and places as the Chairman of the 
Committee may decide and shall transact business as per the 
procedure as may be prescribed; 
  (d) To invite competent authorities or expert or officials from other 
departments, who are not members of the Committee, as special 
invitees for any meeting as desired by the Chairman of the 
Committee; 
  (e) The Member of the State Investment Committee shall attend the 
meeting convened under clause (b) and in case he is unable to 
attend the meeting, he may depute an officer not below the rank 
of Joint Secretary to take appropriate decision in the meeting; 
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  (f) Such other powers and functions as may be prescribed from time 
to time by Government or Governing Council or High-Power 
Committee by rules under the Act; 
  (g) The State Investment Committee for Investments shall give in 
principle approval referred to it for investments more than one 
crore rupees to ten crore rupees; 
  (h)  State Investment committee shall grant approval of financial 
incentive packages for large, medium, small and micro projects 
under Industrial Policy or Sector specific Policies.  
 
Constitution, 
powers, and 
functions of District 
Investment 
Committee. - 
11 (1) The Government may, by notifications, constitute a "District 
Investment Committee " for each district which shall consist of the 
Chairman, and members as follows: - 
Sl. 
No. 
Members Designation 
(a)  Deputy Commissioner Chairman 
(b)  General Manager-District Commerce & 
Industries Centres (DCIC) 
Member-
Secretary 
(c)  Assistant Director of Commerce & Industries  Member 
(d)  Representative of Invest Meghalaya 
Authority Member 
(e)  District Planning Officer Member 
(f)  Pollution Control Board Officer of the 
District Member 
(g)  District Officer of Labour Department Member 
(h)  
Executive Engineer of the District of 
concerned Electricity Distribution Company 
under which district falls 
Member 
(i)  Divisional Forest officer Member 
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(j)  
Such number of member or members as 
may be notified by the Government from 
time to time 
Member 
  (2) The District Investment Committee shall be the Competent Authority 
at the district level and exercise the following powers and perform 
the following functions, namely: - 
  (a) To meet monthly or as needed at such times and places as the 
Chairman of the Committee may decide and shall transact 
business as per the procedure as may prescribed; 
  (b) To coordinate for all clearances for setting up of industrial units; 
  (c) To review and monitor the processing of applications by the 
competent authorities; 
  (d) To invite Competent authorities or experts or officials from other 
departments, who are not members of the Committee, as special 
invitees for any meeting of the District Investment Committee as 
desired by the Chairman of the Committee; 
  (e) The Member of the District Investment Committee shall attend 
the meeting convened under clause (a) and in case he is unable 
to attend the meeting, he may depute an officer to take 
appropriate decision in the meeting; 
  (f) Such other powers and functions as may be prescribed from time 
to time by Government or Governing Council or High-Powered 
Committee or State Investment Committee; 
  (g) The District Investment Committee shall coordinate with all line 
departments for getting all clearances; 
  (h) The District Investment Committee shall give in principle approval 
referred to it for investments up to one crore rupees; 
  (i) The District Investment committee shall provide 
recommendation of financial incentive packages for Micro units 
under Industrial Policy. 
 
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Unified Investment 
Portal. - 
12 All applications shall be received, all decision conveyed, and relevant 
services delivered through an online portal. It shall ensure that there 
is no physical interface between applicant and concerned officers for 
delivery of the services. 
 
Combined 
Application Forms. - 
13 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: 
  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. 
 
Procedure for 
online application 
for obtaining 
clearance in Unified 
Investment Portal. - 
14 (1) The applicant seeking any investment clearance shall register through 
the UIP created by the Invest Meghalaya Authority for the investment 
facilitation and on registration, applicant shall be given a unique ID 
and password for future reference; 
 (2) The Combined Application Form (CAF) as constituted under section 
13, along with prescribed attachment shall be uploaded online as per 
guidance available in the UIP; 
 (3) On receipt of the Combined Application Form (CAF), the system shall 
automatically forward it shall be processed directly through UIP to the 
concerned department for vetting of the project; 
 (4) Upon approval with remarks from the concerned departments, the 
Authority shall present the project proposal to the High-Powered 
Committee or State Investment Committee or District Investment 
Committee (based on the size of the investment) for in principle 
approval. 
 (5) Post in principle approval, based on the nature of investment, the 
applicant can apply for relevant requisite clearances or pre-
establishment approvals through the UIP with additional necessary 
information; 
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 (6) On receipt of the additional information and payment of prescribed 
fees, the UIP shall automatically forward the same to the concerned 
competent authority; 
 (7) The Competent Authority shall be provided online access to the UIP 
through secured user ID and password, to process the application 
forwarded to them; 
 (8) The competent authority shall process the application and 
communicate the decision regarding approval or rejection of the 
request along with comments and upload the same in the UIP within 
the prescribed time limit as notified by the Government from time to 
time;  
 (9) At each stage of the application, an e-mail and SMS alerts shall be sent 
to the applicant; 
 (10)Post obtaining clearance on the application, the applicant can set up 
the investment and apply for pre-operational approval or clearances 
as per guidance available in UIP; 
  (11) Post pre- operational approvals and commencement of production or 
service, the applicant can apply for incentives under concerned 
sectoral policies or Industrial Policy of the Government as per 
guidance available in UIP. 
 
CHAPTER III 
FINANCIAL MATTERS 
 
Invest Meghalaya 
Authority Fund. - 
15 (1) There shall be constituted a Fund to be called the Invest Meghalaya 
Fund and shall be credited thereto-  
   (a) all grants, fees and charges received by the Authority under this 
Act; and  
   (b) all sums received by the Authority from such other sources, as 
may be decided by the Government.  
  (2) The Fund shall be used for-  
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   (a) the remuneration and other allowances payable to the Chief 
Executive Officer and the members, and the administrative 
expenses including the salaries or remuneration of employees, 
Unified Investment Portal maintenance, hiring of consultancy 
firms or Consultants, third party vendors, allowances, pension, 
and day-to-day operations payable to or in respect of officers and 
other employees of the Authority; and  
   (b) the expenses incurred for meeting out the objectives and 
purposes authorized by this Act.  
  
Annual grants, loans, 
and advances. - 
16 The Government may make to the Authority grants, loans, or 
advances of such sums of money annually, on such terms and 
conditions, as it may deem fit. 
 
Budget. - 17 (1) The Chief Executive Officer shall submit a budget in respect of the 
financial year next ensuing, showing the estimated receipts and 
expenditures of the Authority in such form, as may be prescribed; 
  (2) The Authority shall, subject to such modifications and revisions, as it 
may decide, approve the budget submitted under sub-section (1); 
  (3) The budget, as modified or revised by the Authority, shall be 
forwarded to the Government along with such number of 
authenticated copies, as may be required by the Government; 
  (4) The Chief Executive Officer shall cause the budget, as modified, or 
revised by the Invest Meghalaya Authority, to be placed on the 
website of the Authority. 
 
Accounts and audit. - 18 (1) The Authority shall maintain proper accounts and other relevant 
records and prepare an annual statement of accounts including the 
balance sheet, in such form, as may be prescribed; 
  (2) The accounts of the Authority shall be subject to audit annually by the 
Accountant General of Meghalaya and any expenditure incurred in 
connection with such audit shall be payable by the Authority to the 
Accountant General of Meghalaya; 
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  (3) The Accountant General of Meghalaya and any person appointed by 
her in connection with the audit of accounts of the Authority shall 
have the same rights, privileges, and authority in connection with 
such audit as the Accountant General of Meghalaya has in connection 
with the audit of the Government accounts and, in particular, shall 
have right to demand the production of books, accounts, connected 
vouchers, other documents and papers and to inspect the office of 
the Authority; 
  (4) The accounts of the Authority as certified by the Accountant General 
of Meghalaya or any other person appointed by her in this behalf 
together with the audit report thereon and an explanatory 
memorandum on the action so taken or proposed to be taken, shall 
be forwarded annually to the Government and the Government shall 
cause a copy of the same to be laid before the State Legislature; 
  (5) The Chief Executive Officer shall cause the accounts of the Authority 
together with the audit report and the explanatory memorandum, to 
be placed on the website of the Authority after the report has been 
laid before the State Legislature. 
 
Annual Report. - 19 The Chief Executive Officer shall prepare a report of its activities 
during that year and submit the report to the Government in such 
form, as may be prescribed and the Government shall cause the 
report to be laid before the State Legislature. 
 
 
CHAPTER - IV 
MISCELLANEOUS 
 
Filling of 
Application Forms. - 
20 (1) All applications for clearances shall be submitted with the required 
fees in the prescribed manner to the Nodal Agency; 
  (2) The applications shall be forwarded by the Nodal Agency to the 
competent authority for processing and disposal. 
 
 
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Power to call 
additional 
information. - 
21 (1) On receipt of application under section 20, the competent authority 
shall have power to obtain further additional information from the 
applicant, while furnishing a copy of the same to the Nodal Agency; 
  (2) The applicant shall furnish the required information to the competent 
authority and also to the Nodal Agency simultaneously; 
  (3) The competent authority shall send its orders sanctioning or rejecting 
the application, as the case may be, to the Applicant or Nodal Agency; 
 
Self--Certification. - 22 (1) Every Applicant or Entrepreneur shall furnish a Self-Certification at the 
time of submitting the application form, undertaking in such form and 
manner as may be prescribed that he shall comply with the applicable 
provisions of the applicable laws made there under; 
  (2) The self-certification furnished by the entrepreneur shall be accepted 
by the concerned Departments and authorities for the purpose of 
issue and granting clearance. 
 
Rationalization of 
Inspections. - 
23 (1) Inspections under the provisions of applicable laws by different levels 
of authorities, shall be conducted jointly by the office of the Labour 
Commissioner and State Pollution Control Board and other 
departments; 
  (2) Department shall conduct inspection based on risk-based assessment 
as maybe prescribed in their respective rules or byelaws. However, 
inspection against specific complaints may be conducted with the 
authorization of the Head of the Departments. 
 
Third Party 
Inspections. - 
24 Inspections under the provisions of Applicable Laws by different state 
authorities, wherever applicable, may be prescribed to be conducted 
through empaneled third-party inspection agencies of competent 
authorities. The Third-Party Inspection Report shall be furnished in 
such from as may be prescribed. 
 
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Time Limits for 
processing of 
applications. - 
25 Notwithstanding anything contained in any State law for the time 
being in force, 
  (1) The Government may lay down the procedure for processing and 
disposal of applications; 
  (2) The timelines for clearances at all levels for all approvals will be 
notified from time to time; 
  (3) The competent authority may ask for additional information at any 
time before the expiry of the period stipulated for the disposal of such 
clearance; 
  (4) After receipt of the additional information, the competent authority 
shall pass orders on the application before the expiry of the stipulated 
time from the date of receipt of such additional information; 
  (5) The Government may, by notification, change the prescribed limit 
from time to time. 
 
Deemed  
Approvals. - 
26 The Government may, by notification, notify the clearances in respect 
of which, failure by the competent authority to grant clearance or 
pass final order within the period specified shall be treated as a 
deemed approval. 
  
Information of 
Deemed Approval. - 
27 The appropriate competent committee 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 
approved. 
 
Fees. - 28 The application for such clearances shall be submitted by the 
applicants in such Combined Application Form or any other form 
prescribed under applicable laws thereof along with such fee, as may 
be prescribed. 
 
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Appeal of State or 
District level cases. - 
29 Any person aggrieved by the decision of any competent authority or 
the Invest Meghalaya Authority on any clearance, may file an appeal 
before the Government in the Planning Investment & Sustainable 
Development 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. 
 
Pecuniary 
Jurisdiction of the 
Governing Council, 
High-Powered 
Committee, State 
Investment 
Committee, and 
District Investment 
Committee. - 
30 (1) For investment up to one crore rupees, District Investment 
Committee, for investment more than one crore rupees and up to ten 
crore rupees, State Investment Committee, and investment more 
than ten crore rupees, High-Power Committee will provide in principle 
approval. 
 (2) The Government may, by notification, change the investment limit 
from time to time. 
 
Exemptions. - 31 The Government may, by notification, with approval of Governing 
Council, exempt any clearances from any of the provisions of the Act. 
 
 
Penalty. - 32 (1) Any entrepreneur who fails to comply with the conditions or 
undertakings in the self-certification given the Agency or Department 
or competent authorities shall face penalty. 
  (2) The competent authority shall be competent for enforcement of the 
above sub-section (1) as per law according to the prescribed rule 
under the applicable Act. 
 
Offences by 
Companies, etc. - 
33 (1) Where an offence under this Act is committed by a company or an 
industrial unit, the company or the industrial unit as well as every 
person in charge of and responsible to the company or the industrial 
unit for the conduct of its business at the time of commission of the 
PART-IV]             THE  GAZETTE  OF  MEGHALAYA (EXTRAORDINARY) MARCH 14, 2024              298 
 
 
 
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 "Corporate" and includes a firm or 
other association of individuals.  
and 
(b) "Director" in relation to a firm means a partner in the firm. 
 
Act to override 
other Laws. - 
34 Save as otherwise provided in this Act, the provisions of this Act shall 
have effect notwithstanding anything inconsistent therewith 
contained in any other State law for the time being in force or any 
custom or usage or any instrument having effect by virtue of any such 
law. 
 
Powers to remove 
difficulties. - 
35  If any doubt or difficulty arises in giving effect to the provisions of this 
Act, the Government may, by order, make provisions or give such 
directions, not inconsistent with the provisions of this Act, as may 
appear to it to be necessary or expedient for the removal of the doubt 
or difficulty:  
Provided, that, no such order shall be made after the expiry of a 
period of two years from the date of commencement of this Act. 
 
PART-IV]             THE  GAZETTE  OF  MEGHALAYA (EXTRAORDINARY) MARCH 14, 2024              299 
 
 
 
Powers to give 
directions. - 
36 The Government may, from time to time, issue general or special 
directions as they may deem necessary or expedient for the purpose 
of carrying out the objectives of this Act. 
 
Savings. - 37 This Act shall not apply to any clearances required under Central 
enactments. 
 
Powers to make 
rules. - 
38 (1) The Government may, by notification make rules for carrying out all 
or any of the purposes of this Act. 
  (2) Every rule made under this Act, shall immediately after it is made be 
laid before the Legislature of the State if it is in session and if it is not 
in the session in session immediately following for a total period of 
fourteen days which  may be comprised in one session or in two 
successive sessions and if before the expiry of session in which it is so 
laid or the session immediately following, the Legislature agrees in 
making any modification in the rule or in the annulment of the rule, 
the rule shall, from the date on which the modification or annulment 
is notified, have effect only in such modified form or shall· stand 
annulled, 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. 
Protection of action 
taken in good faith. - 
39 No suit or legal proceeding shall lie against the Chairman or other 
members of the Governing Council or High-Powered Committee or 
State Investment Committee or District Investment Committee or 
Nodal Agency or any employees of such committee in respect of 
anything which is done or intended to be done in good faith under this 
Act or any Rule made there under. 
 
L. A. LYNDEM, 
Deputy Secretary to the Govt. of Meghalaya, 
Law (B) Department. 
 
 
 
 
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. 
(Extraordinary Gazette of Meghalaya) No. 95 - 730 + 100 — 14 - 3 - 2024. 
website:- http://megpns.gov.in/gazette/gazette.asp 

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