Assam Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) (Amendment) Act, 2021

Registered No.-768/97 THE ASSAM GAZETTE ~~et EXTRAORDINARY ett~ <tS'i~~ ~ ~ PUBLISHED BY THE AUTHORITY ~~ 53 firer~. ~!ifG1<q1"C, I C~'41~. 2022, 12 ~ 1943 ~) No. 53 Dispur, Tuesday, Ist February, 2022, 12th Magha, 1943 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 29th January, 2022 No. LGL.166/2021/13.-The following Act of the Assam Legislative Assembly which received the assent of the Governor of Assam on 24th January, 2022 is hereby published for general information . ASSAM ACT NO. XLVIII OF 2021 (Received the assent of the Governor on 24th January, 2022) THE ASSAM MICRO, SMALL AND MEDIUM ENTERPRISES (FACILITATION OF ESTABLISHMENT AND OPERATION) (AMENDMENT) ACT, 2021 202 THE ASSAM GAZEITE, EXTRAORDINARY, FEBRUARY 0 I,. 2022 AN l ACT further to amend the Assam Micro, Small and Medium Enterprises (Facilitation of E-;tablishment and Operation) Act. 2020. Preamble Whereas, it is expedient further to amend the Assam Micro. ASiam Att No•.x1v Small and Medium Enterprises (Facilitation of Establishment and of2010 Operation) Act, 2020, hereinafter referred to as the principal Act. in the manner hereinafter appearing; It is hereby enacted in the Seventy- second Ycar of the Republic of India as follows: • Short title, I. (I) This Act may be called Assam Micro. Small and ~t Medium Enterprises (Facilitation of Fstablishment and Operation) (Amendment) Act. 2021. (2) It extends to the whole of the State of Assam. (3) It shall come into force at once. Amendment of 2. Jn the principal Act, in section 2. after clause (k), the ~on 2 following new clauses (I). (m) and (n) shall be inserted, namely: - ..(I) ..Notified Industrial Area" means delineated enclave designated b} the Government of Assam for setting up of Micro, Small and Medium Enterprises. l (m) .. Deemed Industrial Arca" means any area where large number of lndustnes have been growing up and can clearly be d1stmgui£hcd as Industrial Cluster. which shall be notified as ··Deemed Industrial Arca" by the Office of Commissioner of Industries and Commerce. Asl><lfD. (n) "Designated Officer" in respect of 'Notified Industrial Arca• means such Officers not below the rank of Deputy General Manager, of the Assam Industrial Development Corporation Limited,. the Assam Small Industries Devcloponent Corporation Limited and the Assam Industrial Infrastructure Development Corporation Limited. to be notified by

' the respective Corporations. "Designated Officer". in respect of 'Deemed Industrial Area' means such Officers not below the rank of General Manager, District Industries and Commerce Centre to be notified by the Office of Commissioner of Industries and Commerce. Assam". THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 0 I , 2022 203 Amendment of 3. In the principal Act. in section 4. after sub-section (~). a section 4 new sub -section ( 3) shall he inserted. namcl y: - .. (3) In respect of ·Notified Industrial Arca· and·· Deemed Industrial Area'. the Des1gna,ed Officer shall have the followmg powers and functions, narnel) (i) An) person or enterprise Y. ho intend~ to ~t up an Industrial Unit in the "Notified lndu:,trial Area" or ''Deemed Industrial Arca" shall apply for necessaf) clearances/ pcnn1ss1ons/ NOCs through the Ease of Doing Business portal m an application tonn as ma) be prescribed. (ii) I he Ocsignated Officer shall for-Ward that appltcat1on to the concerned G<Hemrnent rkpartments or agencies If Go,cmmcnt t r><rartments and a gene ies foi I to recommend the licenses. pennission. ctc or they don't provide their objections to the Designated Officer "ithm 30 days from the date of receipt of the application, such penniss1ons, clearances. ctc shall be deemed to be recommendcd!appro,cd h) them. I IO\\e\er. apprm.al of Power Connection. Fire Clearance for mdustnal units shal) not be incl uded m the pun ic\\ of this time limit. (iii) The Designated Olliccr shall issue NOC. ' clearance, permissions. etc. for setting up and operating the 1ndustnal unit in a fonnat as ma) be prescntled (1v) Approval shall not be given b) the Designated Oflker to the units dealing with hu,ardous items or industries of a specific category to be notified by the Go\'emment. .. ' .' ' 204 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 0 I, 2022 Amendment of 4. In the pnncipal l\ct, for scctmn R. the follo'' ing ~hall be section 8 substituted. namcl~ - ' .. 8. No ~uit. prosecutmn or other legal proceeding ~hall lir agam.;;t the ( wv...:mmcnt ur '\loJ.ll \gene~ Designated <>fflccr or ...:ompctcnt .1uthor1t' \ppro\al Committee or an~ empln~ee of the Go\ l'mml'nt Ill rc~pcct of anything ''h1ch 1s Jone or inh:nJed to he done in good faith under tht~ Al:t or an~ rule:. made thereunder ··

' GEETANJALI DAS SAIKIA, Secretary to the Government of Assam, Legislative Department. Dispur. Guwahati-6. ' Guwahati : Printed and Published by the Director. Directorate of Printing & Stationery, A~sam. Guwahati-21. Extraordinary Gazette No. 105 -200 + 10- 01 - 02 - 2022. (visit at- dpns.assam.gov.in)