The Bihar Industrial Investment Promotion Act, 2016

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(1) Registration of any industrial unit shall be voluntary, except for those for which license is mandatory for industrial manufacturing items under the Industries (Development and Regulation) Act, 1951. (2) However, such units which require clearance/assistance prescribed by the Central Government or State Government shall submit a Common Application Form (CAF) through electronic medium. (3) After commencement of production, Micro, Small and Medium enterprise units shall also submit Udyog Aadhaar Memorandum online.

(1) A State Investment Promotion Board shall be constituted under the chairmanship of the Development Commissioner, in which the Principal Secretary of Industries, Finance, Commercial Taxes, Environment and Forest, Energy, Labour Resources, Urban Development and Housing and Revenue and Land Reforms shall be members. The Principal Secretary, Industries Department shall be the Member-Secretary of the Board. The State Government shall nominate five members in this Board, in which two members shall be representatives of industries. (2) The functions and powers of the State Investment Promotion Board shall be as follows: (a) All proposals presented by the Secretariat of the State Investment Board shall be approved by it or appropriate decisions shall be taken on the proposal; (b) The State Board shall meet at least once in a month; (c) It shall provide guidance and advice to the Department on the Bihar State Industrial Investment Policy; (d) The State Board, in every meeting, shall also review the work progress of the Secretariat of the State Board for investment promotion and shall provide appropriate guidance to ensure action on investment proposals at a rapid pace; (e) If the responsibility prescribed under this Act has not been discharged by the competent authority, then the State Investment Promotion Board shall recommend action against the competent authority.

Secretariat of the State Investment Promotion Board shall be constituted, which shall assist the Chairman and the Board Members in examining and appraising the investment proposals received. The Secretariat shall be bound to place the investment proposal before the State Board within a period of 30 days from the date of receipt of such proposal. The composition of the Secretariat, its functions in regard to promotion and facilitation of investment, its remuneration and incidental matters shall be as laid down in the rules.

(1) Industrial Development Commissioner: There shall be an Industrial Development Commissioner who shall be the head of the Secretariat. Principal Secretary, Department of Industries, Government of Bihar shall ordinarily be the Industrial Development Commissioner unless otherwise decided by the State Government. (2) Constitution: The Secretariat of the State Board shall be constituted consisting of the following members:- (a) An officer of the Finance Department not below the rank of Joint Secretary, (b) An officer not below the rank of Environmental Engineer of the Bihar State Pollution Control Board, (c) An officer not below the rank of Town Planner/ Architect/ Urban Planner of the Urban Development and Housing Department (d) An officer not below the rank of Joint Labour Commissioner of the Labour Resources Department (e) An officer not below the rank of Deputy Commissioner of the Commercial Taxes Department (f) An officer not below the rank of Superintendent Engineer of the Bihar State Power Holding Corporation Limited (g) An officer not below the rank of Deputy Secretary to be deputed by Revenue and Land Reforms Department (h) An officer not below the rank of Deputy Chief Inspector of Factories of the Labour Resources Department (i) Such other officers and staffs as may be required by the Secretariat to be appointed either on deputation or contract by the State Government. (3) Functions of the Secretariat: The following shall be the functions of the Secretariat :- (a) receive, process and make available all required clearance to all new investment proposals including modernization, upgradation and expansion of existing industrial units. (b) plan, design and implement campaigns to promote Bihar as investment destination within and outside the country; (c) arrange to receive and process Common Application Forms and ensure that all clearances are given within the time limits to be prescribed under rules; (d) collect prescribed fees and deposits on behalf of the competent authority for grant of clearance and transfer the fees and deposits to the respective accounts. (e) convey such clearances to the applicant and where there are deficiencies in the application, convey such deficiencies to the applicant and get these rectified; (f) collate and furnish statistical information on investment by sectors, product and scale, collect all relevant statistical information and provide to Union and state authorities as and when required; and (g) prepare sector and product wise information for prospective investors and disseminate through web sites, print and visual media and other means as may be directed by the Department. (4) The members of the Secretariat shall examine and recommend for clearance to the respective competent authority online. The respective competent authority shall be bound to take a decision within 30 days of receipt of such recommendation or within a time limit prescribed by the concerned acts or rules under which the clearance is being granted. The clearance shall be communicated to the secretariat online within the stipulated time which shall be made available to the investor. In case the concerned department fails to grant clearance or take a decision, the clearance would be deemed to have been granted and the Secretariat shall issue a clearance in this regard. The concerned competent authority shall comply with the clearances issued by the Secretariat and shall not have any powers to review the decision of the Secretariat. The above mode of giving clearance shall be applicable as and when a request for clearance will be received from the investor through a common application form. (5) The Commissioner shall have powers to direct a public authority to carry out investigation, enquiry and seek a report on issues related to clearance under the various acts required for investment proposals within a specified time limit. The Commissioner shall have powers to give directions to public authority to take decisions within a prescribed time limit.

The Secretariat shall ensure the timely sanction and disbursement of financial incentives to eligible industrial units in terms of the Policy as notified from time to time. The investors shall apply for all financial incentives through the Common Application Form to the Secretariat. The Secretariat shall process the application for financial incentives. The competent authority for sanction and the timeframe within which it shall be sanctioned shall be prescribed in rules.

(1) Application for clearances and any accompanying document may be self-certified by the applicant or authorized person. (2) Clearances will be issued on the basis of self-certification, and verification, where necessary, shall be conducted after the issue of such clearances. (3) The State Government may also by a notification indicate those provisions under which where self-declaration shall be deemed to be a sufficient document for compliance. (4) If on verification, the self-certification is found to be incorrect, clearances issued on the basis of such self-certification shall be cancelled and the person/s responsible for false self-certification shall be liable for prosecution under Section 197 of the Indian Penal Code.

The State Government may, by a notification exempt any clearance from any of the provision of the Act.

The State Government may, by a notification authorise the secretariat for grant of any clearance required for investment.

Notwithstanding anything contained in section 3(2) of this act, every investor is free to apply directly to the relevant Statutory Authority for obtaining necessary clearances for establishing and commencing operation of their enterprises.

An online system shall be developed for giving clearances and approvals. Common application form and documents provided in support thereof shall be received online and clearance shall be communicated online.

The State Government may, from time to time, issue such general or specific directions to the State Board, State Board Secretariat, Public Authority, which are not inconsistent with the provisions of this Act and are necessary and expedient for the purpose of implementing the objectives of this Act and the respective Board, Secretariat and Public Authority shall be bound to follow such directions and take action thereupon.

No suit, prosecution or other legal proceeding shall lie against any person or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

(1) The State Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters: (a) Procedure for approval of proposals by the State Board; (b) Work-procedure of State Board Secretariat and concept of staff strength, recruitment, method and service conditions including the disciplinary and appellate powers of the Commissioner; (c) Manner and form of filing common application form and the procedure thereof by the State Board Secretariat; (d) Responsibility and time limit for providing service by the State Board Secretariat; (e) Period and manner of verification by inspecting agencies under various laws and the period and manner of penalty to be imposed for false and inaccurate self-declaration; and (f) Online monitoring system and issuance of clearance/approval. (3) Every rule made under this Act shall be laid before the State Legislature by the State Government.

(1) The Bihar Single Window Clearance Act, 2006 (Bihar Act 9, 2006) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or such action was taken.