Uttarakhand Enterprises Single Window Facilitation and Clearance Act, 2012.
No: 5 Dated: Jan, 28 2013
Uttarakhand Enterprises Single Window Facilitation and Clearance Act, 2012
(Uttarakhand Act No. 05 of 2013)
An Act for provide necessary time bound licence, permissions and sanctions to the establishment of industry in the State of Uttarakhand;
Be it enacted by the Uttarakhand State Legislative Assembly in the Sixty-third Year of the Republic of India, as follows : -
1. Short title, extent and Commencement. - (1) This Act may be called the Uttarakhand Enterprises Single Window Facilitation and Clearance Act, 2012.
(2) It shall extend to the whole of the State of Uttarakhand.
(3) It shall come into force with effect from the date of notification in the official Gazette.
2. Definitions. - In this Act, unless the context otherwise requires : -
(a) "Act" means the Uttarakhand Enterprises Single Window Facilitation and Clearance Act, 2012;
(b) "Government" means the State Government of Uttarakhand;
(c) "Enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called engaged in the manufacture or production of goods, in any manner, or engaged in providing or rendering of any service or services;
(d) "District Empowered Committee" means the District Empowered Committee constituted under section 3;
(e) "State" means the State of Uttarakhand;
(f) "State Empowered Committee" means the State Empowered Committee constituted under section 3;
(g) "Nodal Agency" means the Nodal Agencies referred to in section4.
(h) "Investor" means any person who invests capital in any new enterprise or in an existing enterprise for expanding, modernizing or diversifying for securing income or profit or common social good;
(i) "Notification" means a notification published in the Uttarakhand Gazette and the word 'notified' shall be construed accordingly;
(j) "Permission" means grant or issue of permission, no-objection certificate, clearance, allotment, consent, approval, registration, enrollment, license and the like, by any Competent Authority in connection with the setting up of an enterprise in the State of Uttarakhand and shall include all such permissions as are required under any Uttarakhand law until the enterprise commences its operation;
(k) "Prescribed" means prescribed by the rules made under this Act;
(l) "concession" means the facility or incentive, given by the State Government to an industrial undertaking or group of industrial undertakings;
(m) "Competent Authority" means any department or agency of the Government, Local authority, statutory body, State owned Corporation, Gram Panchayat, Municipalities, or any authority or agency under administrative control of the Government which is entrusted with the powers and responsibilities to grant or issue permissions for setting up or commencement of operations of an enterprise in the State.
3. Constitution and Jurisdiction of State Empowered Committee and District Empowered Committee. - (1) The Government may by notification constitute a State Empowered Committee at the State level and District Empowered Committee for each District of the State consisting of such members as may be specified therein.
(2) Jurisdiction of the State Empowered Committee and the District Empowered Committee- The class of investment for which or investment limits up to which the State Empowered Committee or a District Empowered Committee shall have jurisdiction to consider and dispose off applications for permission shall be such as may be prescribed by State Government.
(3) Member of the Committee shall personally attend the meeting and in case he is unable to attend the meeting, he shall depute a senior level officer to attend the meeting with a written authorization to take appropriate decision in the meeting.
(4) (a) The State Empowered Committee, or as the case may be, District Empowered Committee, shall examine the proposals for setting up any enterprise and shall take a decision and communicate its decision to the entrepreneur and the concerned departments or authorities within such time as may be prescribed by State Government.
(b) The Committee shall meet at such times and in such places and shall adopt such procedure to transact its business as may be prescribed;
(c) The State Empowered Committee shall examine the applications for giving concessions or grant exemption or relaxation from the provisions of any State law, take into consideration the comments of the departments, if any, hold discussions with the investors, wherever necessary and make recommendations to the Government.