Deemed clearances

§17

Summary

17. (1) Upon failure of the NIRMAN Kshetra Authority to issue clearance to any legitimate application filed in compliance with the relevant Acts or rules, policy, guidelines, within the stipulated time, the application shall be deemed to have been issued with such clearance. (2) Notwithstanding anything contained in sub-section (1), the NIRMAN Kshetra Authority may, within the first thirty days of the submission of the completed application, ask for additional information from the applicant: Provided that such request for additional information shall be made only twice by the NIRMAN Kshetra Authority. (3) In case the additional information furnished by the applicant to the NIRMAN Kshetra Authority is found to be insufficient or unsatisfactory upon scrutiny, the NIRMAN Kshetra Authority shall be at liberty to reject the application within the stipulated time by issuing an order in writing by giving reasons for rejecting the application: Provided that in case no order is issued within the stipulated time by theNIRMAN Kshetra Authority, the application shall be deemed to have been issued clearance. (4) The deemed clearance shall, for all intents and purposes, carry the weight of a clearance granted by the NIRMAN Kshetra Authority under the relevant Act or any rules, policy, guidelines framed thereunder.The NIRMAN Kshetra Authority shall provide an automatically generated certificate through an online portal on the day any application is deemed to have been issued clearance. (5) All clearances granted under the relevant Act or any rules, policy, guidelines framed thereunder, shall automatically be renewed on submission of an undertaking by the applicant that there is no change in the parameters against which renewal is sought and on submission of requisite fee: Such renewals shall be online, automatic, and non-discretionary. (6) NIRMAN Kshetra Authority may, through an order issued in writing, delineating the reasons thereof, revoke the deemed clearance granted under section 17, within an inspection period, as defined by the NIRMAN Board from time to time for each clearance, from the grant of deemed clearance, if any submission made by the applicant in the Common Application Form or any supporting document is found to be false or fraudulent, or the applicant’s business being run or established on the basis of deemed clearance issued by the Government is found to be in violation of any provision of the relevant Act or any rules, policy, guidelines framed thereunder, and such a fact is brought to the notice of the Department or agency concerned. (7) The provisions contained in section 17 shall not debar the NIRMAN Kshetra Authority from carrying out inspections with due process to ensure compliance of conditions of the relevant Act or any rules, policy, guidelines framed thereunder.

17. (1) Upon failure of the NIRMAN Kshetra Authority to issue clearance to any legitimate application filed in compliance with the relevant Acts or rules, policy, guidelines, within the stipulated time, the application shall be deemed to have been issued with such clearance. (2) Notwithstanding anything contained in sub-section (1), the NIRMAN Kshetra Authority may, within the first thirty days of the submission of the completed application, ask for additional information from the applicant: Provided that such request for additional information shall be made only twice by the NIRMAN Kshetra Authority. (3) In case the additional information furnished by the applicant to the NIRMAN Kshetra Authority is found to be insufficient or unsatisfactory upon scrutiny, the NIRMAN Kshetra Authority shall be at liberty to reject the application within the stipulated time by issuing an order in writing by giving reasons for rejecting the application: Provided that in case no order is issued within the stipulated time by theNIRMAN Kshetra Authority, the application shall be deemed to have been issued clearance. (4) The deemed clearance shall, for all intents and purposes, carry the weight of a clearance granted by the NIRMAN Kshetra Authority under the relevant Act or any rules, policy, guidelines framed thereunder.The NIRMAN Kshetra Authority shall provide an automatically generated certificate through an online portal on the day any application is deemed to have been issued clearance. (5) All clearances granted under the relevant Act or any rules, policy, guidelines framed thereunder, shall automatically be renewed on submission of an undertaking by the applicant that there is no change in the parameters against which renewal is sought and on submission of requisite fee: Such renewals shall be online, automatic, and non-discretionary. (6) NIRMAN Kshetra Authority may, through an order issued in writing, delineating the reasons thereof, revoke the deemed clearance granted under section 17, within an inspection period, as defined by the NIRMAN Board from time to time for each clearance, from the grant of deemed clearance, if any submission made by the applicant in the Common Application Form or any supporting document is found to be false or fraudulent, or the applicant’s business being run or established on the basis of deemed clearance issued by the Government is found to be in violation of any provision of the relevant Act or any rules, policy, guidelines framed thereunder, and such a fact is brought to the notice of the Department or agency concerned. (7) The provisions contained in section 17 shall not debar the NIRMAN Kshetra Authority from carrying out inspections with due process to ensure compliance of conditions of the relevant Act or any rules, policy, guidelines framed thereunder.

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