Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018
No: 10 Dated: Sep, 24 2018
THE JAMMU AND KASHMIR SINGLE WINDOW (INDUSTRIAL INVESTMENTS AND BUSINESS FACILITATION) ACT, 2018
(Governor Act No. X 2018)
An Act to provide for speedy process of issuance of various licenses, clearances, registrations and/or no objection certificates and their renewals required for setting up and operation of industrial and business enterprises in the State of Jammu and Kashmir with the aim of providing for an investor and business friendly environment in the State and matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th June, 2018, the Governor is pleased to enact as follows :-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018.
(2) It shall come into force at once.
2. Definitions. - In this Act, unless the context, otherwise requires,-
(1) "Act" means the Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018 ;
(2) "Apex Project Clearance Committee" means the Committee constituted under section 5 ;
(3) "Applicant" means a person including an entrepreneur, who himself or on behalf of a legal entity, on being so authorised, makes an e-application for grant of requisite clearances or renewal thereof for setting up or operation of an industrial enterprise, a business or its expansion ;
(4) "Application" means e-application submitted on CAF by the applicant through online single window portal of Jammu and Kashmir ;
(5) "Clearances" mean grant or issue of no objection certificate, allotments, consents, approvals, permissions, registrations, memorandum, enrolments, licenses and renewals thereof, by any Competent Authority or authorities designated to grant such clearances in connection with the setting up of an enterprise in the State under the relevant laws and shall include all such clearances required by an enterprise for its establishment and operation ;
(6) "CAF" means the prescribed Common Application Form required to be filled in by the applicant/entrepreneur on single window web portal of the State for requisite clearances ;
(7) "Committee" means the Apex Level Clearance Committee/ Divisional Level Committee/ District Level Committee ;
(8) "Competent Authority" means any department, corporation, statutory body or agency of the Central or State Government, Halqa Panchayat, Municipality or other Local Body, entrusted with the powers and responsibilities of granting or issuance of clearances under any law for the time being in force ;
(9) "Department" means any department or agency of the Government of Jammu and Kashmir ;
(10) "District Level Single Window Clearance Committee" means the Committee constituted under section 3 ;
(11) "Divisional Level Single Window Clearance Committee" means the Committee constituted under section 4 ;
(12) "Departmental Nodal Officer" means the officer appointed under section 14 ;
(13) "Director" means the Director of Industries and Commerce Department, of the respective division ;
(14) "Ease of Doing Business" means the Ease of Doing Business initiative of the Department of Industrial Policy and Promotion, Government of India ;
(15) "Enterprise" means a commercial unit engaged in manufacturing or processing or both, or in providing of any service as defined from time to time under the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act No. 27 of 2006) ;
(16) "Government" means Government of Jammu and Kashmir ;
(17) "Industrial/Service Unit" means Industrial/Service Unit as defined by the Ministry of Commerce and Industries, Government of India from time to time ;
(18) "Investment Promotion and Facilitation Cell" means a cell as constituted under section 9 of this Act ;
(19) "Prescribed" means prescribed by rules made under this Act ;
(20) "Relevant laws" means Act, rules or regulations as may be prescribed ;
(21) "Single Window Nodal Officer" means an officer appointed under section 14 of this Act ;
(22) "Single Window Nodal Department" means Industries and Commerce Department of Government of Jammu and Kashmir ;
(23) "State" means State of Jammu and Kashmir ;
(24) "Online Single Window Portal" or "Web Portal" means a web portal set up under section 13 of this Act ; and
(25) "Time line" means timelines as prescribed for granting specified clearance(s) under the Jammu and Kashmir Public Service Guarantee Act, 2011 or as may be prescribed under any law for the time being in force.