Himachal Pradesh Single Window (Investment, Promotion and Facilitation) Act, 2018
No: 5 Dated: May, 24 2018
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PROMOTION AND FACILITATION) ACT, 2018
(ACT NO. 5 OF 2018
An Act to provide for time bound clearances for setting up of an industrial undertaking, commencement of production therein and promotion of industrial development in the State.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Single Window (Investment, Promotion and Facilitation) Act, 2018.
(2) It shall come into force on such date as the Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint, and different dates may be appointed for different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Appellate Authority” means the Authority as empowered under section 25 of the Act;
(b) “Applicable laws” means Acts, Rules or Regulations, as may be prescribed;
(c) “Applicant” means a person including an entrepreneur, who himself or on behalf of a legal entity on being so authorized, makes an application for grant of requisite clearances for the setting up and commencement of production of his industrial undertaking or expansion of existing industrial undertaking;
(d) “Appropriate Authority” means any Department or Agency of the Government or statutory body which is entrusted with the powers and responsibilities to grant clearances for setting up and commencement of operations of an enterprise in the State;
(e) “Clearance” means granting of no-objection certificate, consent, approval, permission, registration, enrolment, license, concession and the like by any Appropriate Authority or a Departmental Nodal Officer in connection with the setting up and subsequent operation of an enterprise in the State and will include all such permissions as are required under any applicable laws;
(f) “Common Application Form (CAF)” means e-application form prescribed for applying for clearances through online State Single Window Portal;
(g) “Competent Authority” means a duly authorised officer of the Appropriate Authority who has been notified as an officer competent to grant all requisite clearances and the like which are required to be obtained from that Authority for the setting up an industry and commencement of production therein in the State;
(h) “Department” means a department of the State Government;
(i) “Departmental Nodal Officer” means an officer of the concerned Appropriate Authority, so designated and notified as Competent officer under this Act to specifically receive, process and convey the clearances, decision of such Authority to the applicant or to the State Single Window Nodal Officer;
(j) “Director” means the Director of Industries Department;
(k) “e-application” means Common Application submitted by the Applicant through online State Single Window Portal;
(l) “Government” or “State Government” means the Government of Himachal Pradesh;
(m) “Industrial Policy” means the Industrial Policy or schemes of the Central Government or the Government of Himachal Pradesh, as may be applicable and notified from time to time for industrial promotion, regulation or administration;
(n) “Industrial undertaking” means an undertaking engaged in manufacturing or processing or both, or providing service of doing any other business or commercial activity;
(o) “Notification” means a notification published in the Rajpatra (e-Gazette), Himachal Pradesh;
(p) “Notified time frame” means the timelines as prescribed for granting the specified clearances;
(q) “prescribed” means prescribed by rules made under this Act;
(r) “State Investment Promotion and Facilitation Cell” means a cell as constituted under sub-section (1) of section 10 of this Act, operating under the Department of Industries for receiving, processing and taking a decision on the eApplication;
(s) “State Review Committee” means a committee as constituted under section 8 of this Act;
(t) “State Single Window Clearance and Monitoring Authority” means the State Single Window Clearance and Monitoring Authority as constituted under Section 3 of this Act;
(u) “State Single Window Nodal Officer (SWNO)” means an officer appointed under section 5 of this Act; and
(v) “State Single Window Portal” or “Web Portal” means a webportal set up under section 15 of this Act.