LexThe Tamil Nadu Business Facilitation Act 2018
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21
An Act to support the State of Tamil Nadu, in its aspiration of being one of the
most preferred investment destination in the country, by ensuring adequate information
availability to the investors thereby enabling them to take informed decisions and to
ensure single point receipt of applications for securing clearances that are required to
establish or expand an enterprise and for clearances required during normal course
of business including renewals in a time-bound manner and to provide for effective
grievance redressal mechanism and fi ne in case of failure of Competent Authorities to
act within a time limit and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for time-bound processing of applications and
issue of clearances by various Competent Authorities of the State for establishing or
expanding an enterprise for the promotion of economic development of the State and
for an investor-friendly environment in the State and for matters connected therewith
or incidental thereto;
B
E it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Business Facilitation Act, 2018.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be deemed to have come into force on the 28 th day of October
2017.
2. In this Act, unless the context otherwise requires,—
(a) “applicant” means a person duly authorized by an enterprise to fi le an
application through Single Window Portal on behalf of the enterprise;
(b) “checklist” means the list of documents to be furnished by the applicant
along with the Combined Application Form as may be prescribed;
(c) “clearances” means grant or issue of no-objection certi fi cate, allotments,
consents, approvals, permissions, registrations, enrolments, licences and the like, by any
Competent Authority or authorities in connection with the setting up of an enterprise or
expansion of an existing enterprise in the State and shall include all such approvals
required till the enterprise starts commercial production and includes periodic renewals
that may be required for such clearances;
(d) “Competent Authority” means any Department or Agency of the Government,
Corporation, Board, Local Body or other authority established by the Government,
which are entrusted with the powers or responsibilities to grant or issue clearances or
incentives;
(e) “deemed approval” means a clearance deemed to have been given by
the Competent Authority on the expiry of time limit for providing such clearance in the
absence of suf fi cient and reasonable cause for not clearing the application within the
time limit:
Provided that the deemed approval shall be subject to the approval of the
Respective Committee under this Act;
(f) “department” means a department of the Government;
(g) “designated of fi cial” means an of fi cer identi fi ed by a Competent Authority
for processing of individual clearances in accordance with the rules made under this
Act;
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 25th January 2018, and is hereby published for general information:—
ACT No. 7 OF 2018.
Short title,
extent and
commence-
ment.
Defi nitions.
22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(h) “enterprise” means an undertaking that intends to engage in or is engaged in
any or all of the activities, namely, manufacturing, processing or providing services;
(i) “Government” means the State Government;
(j) “Grievance Redressal Authority” means the Authority referred to in
section 27;
(k) “Grievance Revisionary Authority” means the Authority referred to in
section 27;
(l) “Guidance Bureau” means the Tamil Nadu Industrial Guidance and Export
Promotion Bureau;
(m) “Incentive” means a fi nancial package or a speci fi c fi nancial grant as may
be speci fi ed by the Government;
(n) “MSME District Single Window Committee” means the Medium, Small and
Micro Enterprises District Single Window Committee constituted under section 21;
(o) “MSME State Single Window Committee” means the Medium,
Small and Micro Enterprises State Single Window Committee constituted under
section 22;
(p) “MSME Investment Promotion and Monitoring Board” means the Medium,
Small and Micro Enterprises Investment Promotion and Monitoring Board constituted
under section 23;
(q) “Nodal Agency” means the agency referred to in section 3;
(r) “Noti fi cation” means a noti fi cation published in the Tamil Nadu Government
Gazette and the word ‘noti fi ed’ should be construed accordingly;
(s) “prescribed” means prescribed by rules made under this Act;
(t) “pre-scrutiny” means the examination of applications received prior to its
acceptance to assess its completeness as per the checklist, in such manner as may
be prescribed;
(u) “Respective Committee” means one or more of the following, namely:—
(i) MSME District Single Window Committee;
(ii) MSME State Single Window Committee;
(iii) State Single Window Committee;
(iv) State Single Window Monitoring Committee;
(v) MSME Investment Promotion and Monitoring Board;
(vi) Investment Promotion and Monitoring Board;
(v) “State” means the State of Tamil Nadu;
(w) “single window portal” means the web portal developed and maintained by
the Nodal Agency;
(x) “time limit” means the number of working days within which a fi nal decision
regarding issue of clearance to an enterprise shall be taken by a Competent Authority
from the date of receipt of the application, complete in all aspects.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23
CHAPTER II.
NODAL AGENCY AT STATE AND DISTRICT LEVEL.
3. (1) For clearances that are required for setting up new enterprises or expansion
of existing enterprises with proposed investment exceeding the amount noti fi ed under
sub-section (1) of Section 5, the Guidance Bureau shall be the Nodal Agency at the
State level.
(2) For clearances that are required for setting up new enterprises or expansion
of existing enterprises with proposed investment upto the amount noti fi ed under
sub-section (1) of section 5, the Of fi ce of the Regional Joint Director of Industries and
Commerce in respect of Chennai district, and the District Industries Centre in respect
of other districts shall be the Nodal Agency at the district level.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Government
may notify any other authority or Board as a Nodal Agency, for any speci fi ed area with
such powers and functions as may be speci fi ed in the noti fi cation.
4. (1) Under the superintendence, direction and control of the Government and
Respective Committees, the Nodal Agency shall discharge the following functions,
namely:—
(i) act as a single point of contact for all enterprises that require
clearances and incentives as noti fi ed by the Government under section 6;
(ii) assist the applicants in completing the application forms;
(iii) arrange for pre-scrutiny of applications by convening meetings with
representatives of Competent Authorities and address queries of investors;
(iv) on completion of pre-scrutiny,—
(a) accept those applications which are complete; or
(b) ask for additional information in case of incomplete applications,
in accordance with the rules made under this Act;
(v) receive applications for clearances through single window portal;
(vi) act as a secretariat to the Respective Committees and support them
in discharging their functions;
(vii) receive orders, either rejecting or accepting the application, from the
Competent Authority and take appropriate action as may be prescribed;
(viii) redress the grievances of enterprises, if any, associated with the
process of securing clearances and incentives under this Act and the rules made
thereunder.
(2) The powers and functions of the Nodal Agency under this Act shall be
in addition to the powers and functions discharged by it.
5. (1) The Government may, by noti fi cation from time to time, specify the
investment limit upto which the application for clearances shall be made to the District
Level Nodal Agency. All applications exceeding the said investment limit shall be made
to the State Level Nodal Agency.
(2) Notwithstanding anything contained in sub-section (1), the Government
may prescribe that all applications from enterprises in a speci fi ed area noti fi ed under
this Act shall be made to the Nodal Agency noti fi ed for that speci fi ed area.
Nodal Agency
at State and
District level.
Powers and
functions of
Nodal Agency.
24 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6. The Government may prescribe the clearances and incentives in the rules
made under this Act and may add or vary the clearances and incentives, from time
to time.
7. Applications for clearances and incentives prescribed under section 6, shall be
submitted through single window portal with such fee, including the fee payable to the
Nodal Agency as may be prescribed and in such manner as may be prescribed.
8. (1) On receipt of an application, the Competent Authority shall have the powers
to seek additional information or clari fi cation, if required, from the applicant:
Provided that the additional information or clari fi cation shall be sought for
only once before the expiry of the time limit prescribed under section 11 and all
correspondences relating to the additional information or clari fi cation shall be routed
through the single window portal, in such manner as may be prescribed.
(2) The Competent Authority shall pass an order either accepting or rejecting
the application, through the single window portal.
9. (1) The Government shall prescribe a Combined Application Form, either in
physical or electronic format, which may consist of,—
(i) Forms under Central enactments without any change; and
(ii) existing Forms or new Forms in lieu of the existing Forms under
State enactments.
(2) All Departments and the Competent Authorities concerned shall accept
the Combined Application Form for processing and issue of required clearances.
10. (1) Every enterprise shall furnish a self-certi fi cation, together with an undertaking
that it shall comply with the provisions of the relevant Acts and the rules, in such Form
as may be prescribed along with the application through single window portal.
(2) The self-certi fi cation furnished by the enterprise shall be accepted by the
Competent Authority concerned for the purpose of grant of clearance.
(3) The enterprise shall be made liable for fi ne under section 28, if the
particulars furnished by it are found to be false or incorrect or if the enterprise fails
to adhere to the declarations made in the self-certi fi cation, at any point of time.
11. (1) Notwithstanding anything contained in any State law for the time being
in force, the Government may prescribe,—
(a) the procedure for processing and disposal of applications;
(b) the time limit for raising queries, processing and disposal of applications
by the Competent Authority.
(2) The Competent Authority shall pass orders on the application before
the expiry of such time limit from the date of receipt of application, complete in all
aspects.
12. (1) The Government shall prescribe the clearances in respect of which failure
of the Competent Authority to pass fi nal orders on the application within the prescribed
time limit shall result in deemed approval.
(2) The enterprise may proceed to execute the work or take other action
following the deemed approval, without contravening any of the provisions of the Acts,
rules, bye-laws, noti fi cations, standing orders, executive instructions, guidelines and the
regulations made by the Competent Authority concerned for such clearances and as
per the self-certi fi cation furnished by the enterprise under section 10.
Clearances
and
incentives.
Application for
clearances
and
incentives.
Power to call
for additional
information.
Combined
Application
Form.
Self-
certifi cation.
Deemed
approval.
Procedure and
time limit for
processing
of applications.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25
13. The Respective Committee shall inform 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.
14. (1) The Government may, by noti fi cation, specify the clearances for which
inspections under the provisions of the applicable Acts, rules, orders or instructions
shall be conducted by the Competent Authorities in accordance with such guidelines
as may be prescribed.
(2) The Government may, from time to time, by noti fi cation, specify the
clearances for which exemption is granted from inspection and may also delegate the
powers of inspection to any person or authority in respect of any speci fi c clearance
covered under this Act.
CHAPTER III.
STATE LEVEL COMMITTEES AND BOARD.
15. (1) The Government shall, by noti fi cation, constitute a State Single Window
Committee with the Executive Vice-Chairperson, Guidance Bureau as the Chairman,
Company Secretary, Guidance Bureau as the Member Convener, the Competent
Authorities concerned and not exceeding two persons from Trade Associations, Chambers
of Commerce and Technical Experts, as members as may be prescribed.
(2) The Competent Authorities who are Members of the State Single Window
Committee shall attend all meetings personally and in case they are unable to attend
the meeting, they may depute a senior level of fi cer with a written authorization to take
appropriate decision in the meeting.
(3) The State Single Window Committee shall exercise the following powers
and perform the following functions, namely:—
(i) meet at such time and place, as the Chairman of the Committee
may decide and transact business as per the prescribed procedure;
(ii) review and monitor the processing of applications by the Competent
Authorities;
(iii) inform the applicant of the date on which the application was received
by the Competent Authority and the date on which such application shall be deemed
to have been approved under section 12;
(iv) forward cases with remarks and relevant documents to the State
Single Window Monitoring Committee for decision under section 18;
(v) invite Competent Authorities or experts, who are not members of the
committee, as special invitees for any meeting of the State Single Window Committee,
as desired by the Chairman of the Committee; and
(vi) exercise such other powers and perform such other functions as may
be prescribed.
16. (1) The Government shall, by noti fi cation, constitute a State Single Window
Monitoring Committee with the Chief Secretary to Government as the Chairman,
Secretary, Industries Department as the Member Convener and Secretaries of concerned
departments as members.
(2) The members of the State Single Window Monitoring Committee shall
attend all meetings personally and in case they are unable to attend the meeting,
they may depute a senior level of fi cer with a written authorization to take appropriate
decision in the meeting.
Information
of deemed
approval.
Inspection,
exemption
and
delegation of
powers.
Constitution,
powers and
functions of
State Single
Window
Committee.
Constitution,
powers and
functions of
State Single
Window
Monitoring
Committee.
26 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) The State Single Window Monitoring Committee shall exercise the following
powers and perform the following functions, namely:—
(i) meet at such time and place, as the Chairman of the Committee
may decide and transact business as per the prescribed procedure;
(ii) review and monitor the status of processing of applications received
through single window portal by the Competent Authorities and the State Single Window
Committee;
(iii) review and monitor the status of resolution of enterprises’ grievances
that were registered using the single window portal with respect to clearances and
incentives from the Competent Authorities concerned;
(iv) issue suitable directives to the Competent Authorities, wherever
applicable which shall aid in resolution of the enterprises’ grievances;
(v) consider and decide cases under sections 18 and 19;
(vi) forward cases with remarks and relevant documents to the Investment
Promotion and Monitoring Board for decision under section 20;
(vii) review and monitor the approval status for incentives to all such
categories of projects as speci fi ed by the Government, by noti fi cation;
(viii) invite Competent Authorities or experts, who are not members of the
Committee, as special invitees for any meeting, as desired by the Chairman of the
Committee; and
(ix) exercise such other powers and perform such other functions as may
be prescribed.
17. (1) The Government shall, by noti fi cation, constitute an Investment Promotion
and Monitoring Board with the Chief Minister as the Chairman, Secretary, Industries
Department as the Member Convener and such other members as may be prescribed.
(2) The Investment Promotion and Monitoring Board shall perform the following
functions, namely:—
(i) meet at such time and place as the Chairman of the Board may
decide and transact business as per the prescribed procedure;
(ii) review and monitor the disposal of applications by the State Single
Window Committee, State Single Window Monitoring Committee and the Competent
Authorities;
(iii) provide strategic direction and oversee the functioning of both the State
Single Window Committee and the State Single Window Monitoring Committee;
(iv) periodically review the implementation and operational ef fi ciency of
the Single Window Mechanism in the State;
(v) consider and decide cases under section 20;
(vi) review any other issue related to investor facilitation as put forth by the
State Single Window Committee or the State Single Window Monitoring Committee;
(vii) review policy issues related to investment promotion, facilitation and
grounding;
(viii) review and monitor the approval status for incentives to all such
categories of projects as speci fi ed by the Government, by noti fi cation; and
(ix) exercise such other powers and perform such other functions as may
be prescribed.
Constitution,
powers and
functions of
Investment
Promotion
and
Monitoring
Board.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 27
(3) The orders passed by the Investment Promotion and Monitoring Board
for issuing clearances to enterprises exceeding investment limits as may be noti fi ed
under sub-section (1) of section 5 shall be fi nal and binding on the State Single
Window Committee, the State Single Window Monitoring Committee and the Competent
Authorities.
18. (1) Notwithstanding anything contained in any State law for the time being in
force, the State Single Window Committee may, either suo motu or on an application,
examine any order passed by any Competent Authority, rejecting any clearance or
approving it with modi fi cation, and if the State Single Window Committee considers that
there are valid grounds for a change in such decision, it shall forward such case to
the State Single Window Monitoring Committee with remarks and relevant documents
for a decision.
(2) The State Single Window Monitoring Committee shall examine
all cases referred to it by the State Single Window Committee and pass
appropriate orders.
(3) The decision taken by the State Single Window Monitoring Committee shall
be binding on the State Single Window Committee and the Competent Authorities.
19. Notwithstanding anything contained in any State law for the time
being in force, the State Single Window Monitoring Committee may, either
suo motu or on a reference, examine any order passed by the State Single Window
Committee and pass appropriate orders as it deems fi t and such orders shall be
fi nal.
20. Notwithstanding anything contained in any State law for the time being in
force, the Investment Promotion and Monitoring Board may, either suo motu or on a
reference, examine any order passed by the State Single Window Committee or the
State Single Window Monitoring Committee and pass appropriate orders as it deems
fi t and such orders shall be fi nal.
CHAPTER IV.
CONSTITUTION OF MSME DISTRICT SINGLE WINDOW COMMITTEE AND MSME
STATE SINGLE WINDOW COMMITTEE.
21. (1) The Government shall, by noti fi cation, constitute an MSME District Single
Window Committee with the District Collector as the Chairman, Regional Joint Director
of Industries and Commerce as the Member Convener in respect of Chennai district,
General Manager, District Industries Centre as the Member Convener for other districts
with the Competent Authorities concerned and not exceeding two persons from Trade
Associations, Chambers of Commerce and Technical Experts as members, as may be
prescribed.
(2) The Competent Authorities who are members of the MSME District Single
Window Committee shall attend all meetings personally and in case they are unable to
attend the meeting, they may depute a senior level of fi cer with a written authorization
to take appropriate decision in the meeting.
(3) The MSME District Single Window Committee shall exercise the following
powers and perform the following functions, namely:—
(i) meet at such time and place as the Chairman of the Committee may
decide and transact business as per the prescribed procedure;
(ii) review and monitor the processing of applications by the Competent
Authorities;
(iii) forward cases with remarks and relevant documents to the MSME
State Single Window Committee for decision under section 24;
(iv) inform the applicant of the date on which the application was received
by the Competent Authority and the date on which such application shall be deemed
to have been approved under section 12;
Review of
cases by
State Single
Window
Committee.
Revision of
cases by
Investment
Promotion
and
Monitoring
Board.
Revision of
cases by
State Single
Window
Monitoring
Committee.
Constitution,
powers and
functions
of MSME
District Single
Window
Committee.
28 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(v) invite Competent Authorities or experts, who are not members of the
Committee, as special invitees for any meeting of the MSME District Single Window
Committee, as desired by the Chairman of the Committee; and
(vi) exercise such other powers and perform such other functions as may
be prescribed.
22. (1) The Government shall, by noti fi cation, constitute an MSME State Single
Window Committee with the Industries Commissioner and Director of Industries and
Commerce as the Chairman, the Additional Director of Industries and Commerce as
the Member Convener, and such other members from Competent Authorities concerned,
as may be prescribed.
(2) The Competent Authorities, who are members of the MSME State Single
Window Committee shall attend all meetings personally and in case they are unable to
attend the meeting, they may depute a senior level of fi cer with a written authorization
to take appropriate decision in the meeting.
(3) The MSME State Single Window Committee shall exercise the following
powers and perform the following functions, namely:—
(i) meet at such time and place as the Chairman of the Committee may
decide and transact business as per the prescribed procedure;
(ii) review and monitor the processing of applications by the Competent
Authorities;
(iii) review and monitor the disposal of applications by the MSME District
Single Window Committee;
(iv) consider and decide cases under sections 24 and 25;
(v) forward cases with remarks and relevant documents to
the MSME Investment Promotion and Monitoring Board for decision under
section 26;
(vi) invite Competent Authorities or experts, who are not members of
the Committee, as special invitees for any meeting of the MSME State Single Window
Committee, as desired by the Chairman of the Committee; and
(vii) exercise such other powers and perform such other functions as may
be prescribed.
23. (1) The Government may, by noti fi cation, constitute an MSME Investment
Promotion and Monitoring Board with the Minister for Rural Industries, Government of
Tamil Nadu as the Chairman, Industries Commissioner and Director of Industries and
Commerce as the Member Convener, and such other members as may be prescribed.
(2) The MSME Investment Promotion and Monitoring Board shall exercise the
following powers and perform the following functions, namely:—
(i) meet at such time and place as the Chairman of the Board may
decide and transact business as per the prescribed procedure;
(ii) review and monitor the disposal of applications by the MSME District
Single Window Committee, MSME State Single Window Committee, and the Competent
Authorities;
(iii) provide strategic direction and oversee the functioning of MSME District
Single Window Committee and MSME State Single Window Committee;
(iv) consider and decide cases under section 26;
Constitution,
powers and
functions
of MSME
State Single
Window
Committee.
Constitution,
powers and
functions
of MSME
Investment
Promotion
and
Monitoring
Board.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 29
(v) review any other issue related to investor facilitation as put forth
by the MSME District Single Window Committee or MSME State Single Window
Committee;
(vi) exercise such other powers and perform such other functions as may
be prescribed.
(3) The orders passed by the MSME Investment Promotion and Monitoring
Board for issuing clearances to enterprises upto investment limits as may be noti fi ed
under sub-section (1) of section 5, shall be fi nal and binding on the MSME District
Single Window Committee, MSME State Single Window Committee and the Competent
Authorities.
24. (1) Notwithstanding anything contained in any State law for the time being
in force, the MSME District Single Window Committee, may, either suo motu or on
an application, examine any order passed by any Competent Authority, rejecting any
clearance or approving it with modi fi cation, and if the MSME District Single Window
Committee considers that there are valid grounds for a change in such decision, it
shall forward such case to the MSME State Single Window Committee with remarks
and relevant documents for a decision.
(2) The MSME State Single Window Committee shall examine all cases referred
to it by the MSME District Single Window Committee and pass appropriate orders.
(3) The decision taken by the MSME State Single Window Committee shall
be binding on the MSME District Single Window Committee and the Competent
Authorities.
25. Notwithstanding anything contained in any State law for the time being in force,
the MSME State Single Window Committee may, either suo motu or on a reference,
examine any orders passed by the MSME District Single Window Committee and pass
appropriate orders as it deems fi t and such orders shall be fi nal.
26. Notwithstanding anything contained in any State law for the time being in force,
the MSME Investment Promotion and Monitoring Board may, either suo motu or on a
reference, examine any orders passed by the MSME District Single Window Committee
or MSME State Single Window Committee and pass appropriate orders as it deems fi t
and such orders shall be fi nal.
CHAPTER V.
MISCELLANEOUS.
27. (1) All grievances related to processing of applications under this Act shall,
in the fi rst instance, be referred to such Grievance Redressal Authority as may be
prescribed, within such period as may be prescribed.
(2) The Grievance Redressal Authority shall, after following such procedure as
may be prescribed, dispose of the appeal within such time as may be prescribed, either
rejecting the appeal or taking such remedial action as may be prescribed, including
imposition of fi ne under section 29.
(3) The enterprise or the Designated Of fi cial of the Competent Authority
aggrieved by any order of the Grievance Redressal Authority may make an application
for revision to the noti fi ed Grievance Revisionary Authority, within such time and in such
manner as may be prescribed.
(4) The Grievance Revisionary Authority shall, after following such procedure
as may be prescribed, dispose of the revision within such time as may be prescribed,
either rejecting the revision or taking remedial action as may be prescribed including
imposition of fi ne under section 29.
Review of cases
by MSME
District Single
Window
Committee.
Revision
of cases
by MSME
State Single
Window
Committee.
Revision
of cases
by MSME
Investment
Promotion
and
Monitoring
Board.
Appeal and
revision.
30 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
28. (1) Any enterprise that fails to comply with the conditions or undertaking in the
self-certifi cation given to the Nodal Agency or other Department or authorities shall be
punishable with fi ne which may extend to fi fteen thousand rupees for the fi rst offence
and upto twenty- fi ve thousand rupees for the second or subsequent offences. The fi ne
so imposed shall be in addition to any other recourse which may be available under
the applicable law.
(2) Where an offence under this Act is committed by an enterprise, the
enterprise as well as every person in charge of, and responsible to, the enterprise for
the conduct of its business at the time of commission of the offence, shall be deemed
to be guilty of the offence and liable to be punished under this section.
(3) Notwithstanding anything contained in sub-section (2), 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 proprietor, managing partner, any
director, manager, secretary or any other of fi cer or authorized signatory, such proprietor,
managing partner, director, manager, secretary or any other of fi cer or authorized signatory
shall also be deemed to be guilty of that offence and shall be liable to be punished
under this section.
Explanation.— For the purpose of this section—
(a) “enterprise” means any body corporate and includes a fi rm or other
association of individuals; and
(b) “director”, in relation to a fi rm, means a partner in the fi rm.
29. (1) Every Competent Authority shall identify the Designated Official for
processing of individual applications received in accordance with the rules made under
this Act.
(2) All grievances shall be initially examined by the noti fi ed Grievance
Redressal Authority and where the Grievance Redressal Authority is of the opinion
that the Designated Of fi cial of the Competent Authority has failed to meet committed
service levels without suf fi cient and reasonable cause, a fi ne not exceeding twenty- fi ve
thousand rupees may be imposed on the Designated Of fi cial:
Provided that the Designated Of fi cial of the Competent Authority shall be given
a reasonable opportunity of being heard before any fi ne is imposed.
(3) Any fi ne imposed under sub-section (2) shall be collected in such manner
as may be prescribed and shall be in addition to any other recourse available to the
Government or the Competent Authority under applicable Service Rules:
Provided that no fi ne shall be imposed on the Designated Of fi cial of the
Competent Authority more than once for the same case of non-provision or delay in
provision of services.
30. No suit, prosecution or other legal proceedings shall be instituted against, or
damage claimed from, the Respective Committees or any employee of the Government
acting under the direction of such Committee, for any action, which is in good faith,
carried out or intended to be carried out, or for any order passed in good faith, in
pursuance of this Act and the rules made thereunder.
31. 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.
Offences and
penalties.
Imposition
of fi ne for
non-provision
or delayed
services.
Act to override
other laws.
Protection of
action taken
in good faith.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 31
32. If any dif fi culty 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 dif fi culties:
Provided that no such order shall be issued after the expiry of two years
from the date of commencement of this Act.
33. The Government may, from time to time, issue to the Respective Committees
such general or special directions as they may deem necessary or expedient for the
purpose of carrying out the objects of this Act and the said Committee shall be bound
to follow and act upon such directions.
34. (1) The Government may, by noti fi cation, make rules for carrying out all or
any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers, the Government may make rules relating to the matters which may be or is
required to be prescribed by rules.
(3) (a) All rules made under this Act shall be published in the Tamil Nadu
Government Gazette and unless they are expressed to come into force on a particular
day shall come into force on the day on which they are so published.
(b) All noti fi cations issued under this Act shall, unless they are expressed
to come into force on a particular day, come into force on the date on which they are
so published.
(4) Every rule made or noti fi cation or order issued under this Act shall, as
soon as possible after it is made or issued, be placed on the table of the Legislative
Assembly and if, before the expiry of the session in which it is so placed or the next
session, the Assembly makes any modi fi cation in any such rule or noti fi cation or order
or the Assembly decides that the rule or noti fi cation or order should not be made or
issued, the rule or noti fi cation or order shall thereafter have effect only in such modi fi ed
form or be of no effect, as the case may be, so, however that any such modi fi cation
or annulment shall be without prejudice to the validity of anything previously done under
that rule or noti fi cation or order.
35. (1) The Tamil Nadu Business Facilitation Ordinance, 2017 is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken or any
direction given under the said Ordinance, shall be deemed to have been done, taken
or given under this Act.
Power to give
directions.
Power to
remove
diffi culties.
Power to make
rules.
Tamil Nadu
Ordinance
7 of 2017.
Repeal and
saving.
(By order of the Governor)
S.S. POOVALINGAM,
Secretary to Government,
Law Department.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU