Assam Ease of Doing Business Act, 2016
No: 5 Dated: Jul, 14 2016
THE ASSAM EASE OF DOING BUSINESS ACT, 2016
ASSAM ACT NO. V OF 2016
An Act to provide for speedy processing of applications and issue of various clearances required to be issued by various competent authority or authorities of the State Government of Assam under various State enactments for setting up industrial or service sector undertakings for the promotion of economic development of the State and for an investment friendly environment in the State of Assam and for matters connected therewith or incidental thereto.
Preamble:- Whereas it is expedient to provide for speedy processing of application and issue of various clearances required to be issued by various competent authority or authorities of the State Government of Assam under various state enactments for setting up Industrial or service sector undertakings for the promotion of economic development of the State and for an investment friendly environment in the State of Assam and for matters connected therewith or incidental thereto.
It is hereby enacted in the Sixty-seventh Year of the Republic of India as follows :-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Ease of Doing Business Act, 2016.
(2) It extends to the whole of Assam.
(3) It shall be deemed to have come into force on the 26th day of February, 2016.
2. Application:- This Act shall apply to various clearances required under various State enactments for setting up of industrial or service sector undertakings in the State of Assam, but shall not apply to any clearance required under any central enactment.
3. Definitions:- In this Act, unless the context otherwise requires,-
(a) "Application" means application as mentioned in Sections 8 and 9 and the word "applicant" shall be construed accordingly;
(b) "Board of Governor" means the Board of Governors of the Bureau constituted under Section 5 ;
(c) "Bureau" means Assam Bureau of Investment Promotion established under Section 4 ; (d) "Chief Executive Officer" means the Chief Executive Officer of the Single Window Agency constituted under Section 7 ;
(e) "Clearance" means grant or issue of no-objection certificate, allotment, consent, approval, permission, registrations (excluding registration required under taxing Acts of the State or the Centre), enrollments, licenses and like, by any competent authority or authorities of the State Government, required to be issued under various state enactments, in connection with the setting up of an Industrial or Service sector undertaking in the State of Assam and shall include all such clearances required till the industrial or service sector undertaking starts its commercial production or operation;
(f) "competent authority" means any department or agency or instrumentality of the Government, Corporation, Board, Panchayat, Municipality, Development Authority, Territorial Councils or Councils or other local body, or authority which are entrusted with the powers and responsibilities to grant or issue clearances;
(g) "Executive Committee" means the Executive Committee of the Single Window Agency constituted under section 7 ;
(h) "Government " means the Government of Assam;
(i) "industrial undertaking" means an undertaking engaged in manufacturing or processing or both or providing service or doing any other business or commercial activity as may be specified by the Government by notification, for the purposes of this Act;
(j) "Notification" means a notification published in the Assam Gazette and the word " notified" shall be construed accordingly ;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Single Window Agency" means a set up constituted under Section 7 to provide all clearances to the investors under this Act.
4. Establishment of Assam Bureau of Investment Promotion:- There shall be established a Bureau under the name and style the Assam Bureau of Investment Promotion (ABIP) for the purpose of overall supervision and administration of the speedy processing of applications and issue of various clearances required to be issued by various competent authority or authorities of the State Government under various state enactments, for setting up of industrial or service sector undertakings in the State of Assam, comprising of a Board of Governors to be constituted under Section 5.