The Chhattisgarh Audyogik Nivesh Protsahan Adhiniyam 2002

1. (1) This Act may be called the Chhattisgarh Audyogik Nivesh Protsahan Adhiniyam, 2002 (No. 7 of 2002).
2. (2) It extends to the whole of the State of Chhattisgarh;
3. (3) It shall come into force from a date as may be notified in the State Government Gazette.

1. (1) After clause (i) of section- 2 of the Chhattisgarh Audyogik Nivesh Protsahan Adhiniyam, 2002 (hereinafter referred to as Principal Act), the following clauses shall be inserted, namely:- "(i-a) "Advisory Board" means the State Industries Advisory Board constituted under section 9; (i-b) "Clearance" means and includes grant or issue of no objection certificate, consent, enrolment, registration, permission, approval, licence, allotment, and the like by any competent authority in connection with selling up of an industrial undertaking in the State or Chhattisgarh. (i-c) "Competent Authority" means and includes any Department or Agency of the State Government, Gram Panchayat, Municipality or other local body, which is entrusted with the powers and responsibilities to grant or issue any clearance;" (2) Clause (iii) of section 2 of the Principal Act, shall be omitted. (3) After clause (iv) of section 2 of the Principal Act, the following clause shall be inserted, namely :- "(iv-a) "Industrial Undertaking" means and includes an undertaking engaged in manufacturing or processing or both or providing service or doing any other business or commercial activity specified by the State Government; (4) After clause (x) of section 2 of the Principal Act, the following clause shall be inserted, namely :- "(x-a) "Nodal Agency" means the State level or the District level agency notified under sub section (1) of section 12;"

The Stale Government shall conslilutc for each District. a Committee to be designated as the District 1nvcstmcnt Promotion Committee for promoting :md facilicating the implementation of industrial or other pmJccts: A District Investment Pmmot1on Comm,tlcc shall consist or the following members, namely--

1. (a) A Chairperson, who shall be the Collector of the Revenue Di:mic1.
2. (b) Such number of persons from the District. not exceeding five. as the Stale Government may nominate from the fields of industry. trade and commerce. labour and education.
3. (c) General Manager of the District Trade and Industries Cen!rc, by whatever name designated, who shall be ex-officio the Convener of the Committee.
4. (d) Representative of the Chhattisgarh State Electricity Board, not below the rank of an Exccu!ive Engineer. by whatever name designated.
5. (e) Nominee of the Department of Labour of the $talc Government not below the rank of an Assistant Commissioner.
6. (f) Nominee of the Department of Forests of the Slate Government not below the rank of a Divisional Forest Officer.
7. (g) Nominee of the Department of Water Resources of !he Slate Government, not below the rank of an Executive Engineer.
8. (h) Nominee of the Department of Public Works of the State Government. not below the rank of an Execufrve Engineer.
   • (i) Nominee of the Department of Mineral Resources. of the State Government, being not below the rank of a District Mining Officer.
9. (j) Nominee of the Department of Agriculture of the State Government. no! below the rank of a Deputy Director.
10. (k) Chai rpersnn oft he relevant Local government in whose jurisdiction the Project is proposed to be located. or his nominee not below the rank of the Commissioner or Chief Municipal Officer in the case of an urban body, or 001 beh 1w the rank of a Chief Execut1 vc Officer in the case of a Zi la Pancha yat.
11. (l) Nominee of the Department of Housing and Environment of the State Government, not below the rank of an Assistant D1rector of the Town & Country Pbnning Organization.

1. (1) Notwithstanding any1hing contained in any law enacted by the Legislative Asscm b!y of the St ate and for 1 he time being in force, each Di strict Committee shal,1, for the purpose of promoting and facilitating investments in projects, exercise powers of any Local Governmem or of any authority or agency of the State Government within the District. m respect of the following;
   • (a) allotment of land in identified industrial area for the: project 01· projecls;
   • (b) Identification, allocation and facilitation of sources of water and other utilities inclu?ing electric power;
   • (c) all approvals in respect of matters relari ng to the imp I emcn tat ion of the project from the local governments; and
   • (d) approvals, if any, relating to matters concerning the welfare of labour.
2. (2) The District Committee shall hold at least one meeting every month;
3. (3) Provided that the Stale Government may at any time require in writing lhat a meeting of the District Commiucc be held. and the Committee. shall then proceed to hold meeting as cxpcnditiously as ii can. but not later than seven working day!'. in any case, to dispose such mauers as may be referred to it.
4. (4) The members of the District Comminee shall be jointly and severally responsible for providing the services specified in Schedule II within the time period prescribed therein, provided that if the ljme period can not be adhered-10 for any reason, the investor and the Divisional Committee shall be communicated in writing before the expiry of 1he period.

The State Government shall constitute for each Revenue Division, a Committee to be designated as the Divisional Investment Promolion Commiuee for promoting and facilita1ing the implementa1ion of industrial and other projects; A Divisional Investment Promotion Committee shall consisl of the following members, namely

1. (a) A Chairperson, who shall be the Commissioner of the Revenue Division.
2. (b) Such number of persons, not exceeding five, as the State Government may nominate from the fields of industry, trade and commerce. labour and education.
3. (c) Collector of the Dislrict in which the Project is proposed.
4. (d) Chairperson of the Chhauisgarh State Ele-etricity Board or his nominee not below the rank of a Chief Engineer.
5. (e) Secretary in charge of matter relating to Labour, or his nominee not below the rank of a Deputy Commissioner.
6. (f) Secretary in charge of matter relating to Forests, or his nominee not below the rank of a Conservator of Forests.
7. (g) Secre1ary in charge of matter relating to Water Resources. or his nominee not below the rank of a Chief Engineer.
8. (h) Secretary in charge of matter relating to Public Works, or his nominee not below the rank of a Superintending Engineer.
   • (i) Secretary in charge of matler relating to Mining, or his nominee not below the rank of a Joint Director.
9. (j) Secretary in charge of matter relating to Agriculture, or his nominee not below the rank of a Joinl Director.
10. (k) Chairperson of the relevant Loca I Government in whose jurisdiction the Proj eel is proposed to be located. or his nominee not below the rank of the Commissioner or Chief Municipal Officer in the case of an urban body. or not below the rank of Chief Executive Officer in the case of a Zila Panchayat.
11. (l) Secretary 1n charge of m·auer relating to Housing and Environmenr, or his nominee not below the rank of a Deputy Director of the Town and Counrry Planning Organization.
12. (m) A nominee of the Secretary· in charge of the matter relating to Industries, not below the rank of a Joint Director; who shall be the ex-officio Convener.of the Committee.

1. (1) Notwithstanding anything contained- in any law enacted by the Legislative Assembly of the State and for the time being in force. each Divisional Committee shall, for the purpose of promoting and facilitating investments, exercise powers of any local government or of any authority or agency of the State Government within the Division, in respect of the following:-
   • (a) identification and allotment of land for the project or projects;
   • (b) idenlification. allocation and facilitation or sources of waler and other utilities including electric power;
   • (c) all approvals in respect of mailers relating to . the i mplemeni ation nf the project from the local governments;
   • (d) approvals, if any, relating to the Chhattisgarh Environment Protection Board; Explanation-for the purposes of this clause the Divisional Committee shall be deemed tn he an Officer or the Board for the exercise of powers delegated by it, and
   • (e) approvals, if any, relating to matters concerning the welfare of labour.
2. (2) The Divisional Committee shall hold at least one meeting every month; Provided that upon requesl in writing by an investor, a meeting of the Divisional Committee may be held within two weeks of such rc.quisition; Provided further that if no meeting is held upon such request and within the said period, the i nvcstor sh all be m formed in writing the reasons therefor; Provided also that_ the Stale Government may at any time require in writing that a meeting of the Divisional Comminee be held, and the Committee shall then proceed to hold a mee1ing as expenditiously as it can, but not later than seven working days in any case, to dispose of such matters as may be referred lo ii.
3. (3) The members nf 1he Divisional Committee shall be jointly and severally responsible for providing the services specified in Schedule II wit_hin the time period prescribed therein: provided that if rhe time period can not be t1dhered-10 for any reason the investor and the State Board shall be communil;.i1ed in writing before the expiry of the time period.

In section 10 of the Principal Act, - (1) clause (c) of sub section (1) shall be omitted. (2) after clause (m) of sub-section (1) the following clause shall be inserted, namely :- "(mm) Minister in charge of matters relating to Revenue." (3) in clause (p) of sub-section (1), for the word "Committee" the word "Board" shall be substituted. (4) After sub section (2) the following sub sections shall be added, namely :- "(3) The State Board may constitute one or more Committee and may delegate any of its powers and functions to such Committee. (4) The State Industry Advisory Board shall consist of the following members, namely:- (a) A Chairperson, who shall be the Chief Minister of the State. (b) A Vice-Chairperson, who shall be the Minister in charge of matters relating to Industries. (c) Ministers in charge and secretaries of such other Departments of the State Government, as the State Government may specify. (d) Such number of persons, not exceeding five, as the State Government may nominate from amongst the office bearers of the organisations representing commerce, trade and industry. (e) Such number of eminent persons and experts, not exceeding five, as the State Government may nominate from the fields of commerce, trade and industry. (f) Such number of persons, not exceeding five, as the State Government may nominate from the fields of labour and human resource development. (g) Secretary in charge of matters relating to Industries, by whatever name designated, shall ex-officio be the Convener of the Advisory Board."

In section 11 of the Principal Act, - (!) for clauses (a) to (g) of sub section (!), the following clauses shall be substituted, namely :- "(a) Cases referred to it by any District Committee in respect of which there is difference of opinion amongst members of such Committee. (b) Cases referred to it by the State level nodal agency in respect of which any competent authority has failed to take decision within the time limit prescribed under clause (b) of sub section (5) of section 12. (c) Cases referred to it by any competent authority for decision in connection with any approval required under any enactment of the State Legislature for implementation of investor's project. (d) Cases requiring recommendation of the State Government or any State Government Agency for obtaining approval of the Central Government under any enactment of Parliament for implementation of investor's project, referred to the Board by;- (i) the competent authority itself, or (ii) the State level nodal agency where a competent authority has failed to take decision within the time limit prescribed under clause (b) of sub section (5) of section 12. (e) Representations received from investors against decisions of District Committees. (f) Suo motu examination and review of any decision taken by a District Committee or the Committee constituted under sub section (3) of section 10. (g) Such other matters as may be prescribed. Provided that the Board, while proceeding to decide any matter that ought to have been decided by any Department or Agency of the State Government, shall call for the views or comments, as the case may be, of the concerned Department or Agency. Provided further that if no views or comments are received by the Board within the time limit fixed by it, it shall be competent for the Board to proceed and decide the matter. Provided also that the Board shall not decide any matter which involves a financial grant or tax concession if such grant or concession, as the case may be, is not provided for in the appropriate policy of the State Government. (2) for sub-section (2), the following sub section shall be substituted, namely :- "(2) The Board shall ordinarily meet once a month or at such intervals as may be necessary for expeditious approval of investment proposals."

For section 12 of the Principal Act the following section shall be substituted, namely:- "12. (1) The State Government may, by a notification to be published in the Official Gazette, appoint a State level nodal agency and a District level nodal agency for each District. (2) The State level nodal agency shall be a cell under the State's Industries Department headed by the Convener of the State Board and the District Industries Centre shall be the District level nodal agency. (3) The State level nodal agency and the District level nodal agencies shall be the Points of Investor Contact and shall be responsible for obtaining clearances required by an investor for establishing industrial undertaking in the State. (4) The State level nodal agency and District level nodal agencies shall provide secretarial support to the State Board and District Committees, respectively. (5) Notwithstanding anything contained in any law enacted by the State legislature for the time being in force, the State Government may prescribe,- (a) the procedure for processing and disposal of applications received by the State level and District level nodal agencies; and (b) time limits for processing and disposal of applications by competent authorities. Provided that the State Government shall not prescribe anything under this sub section which is inconsistent with any enactment of Parliament or has been or ought to be prescribed by the Central Government under such enactment. (6) All proposals of expression of interest and applications in connection with investment in the State shall be submitted to, and received by, an authorized officer of the concerned nodal agency as per jurisdiction laid down in Schedule-I. (7) The applications received by the nodal agency shall be processed and disposed off in the manner prescribed."

1. (1) The application for grant of incentives shall be made in such form as may be prescribed. (2) The Board or the committee authorized by it shall decide on the application within the prescribed time limit.

1. (1) Notwithstanding anything contained in any law enacted by the Legislative Assembly of the State and for the time being in force, the State Board shall, for the purpose of promoting and facilitating investments, exercise powers of the State Government or any authority or agency under it, in respect of the following: (a) All proposals that may be referred to it by the District and Divisional Committees; (b) All proposals that are brought before it by the investor. (c) To hear and decide representations from Investors against any decision of the Divisional Investment Promotion Committee. (d) Nothing contained in the foregoing clauses of this sub-section shall prevent the Board from considering suo motu proposals in regard to investments in projects; (e) Simplification of procedures of the State Government in respect of any or all matters relating to the investment and the operations of the project. (f) Fixation of Minimum Wages consistent with the welfare of labour and competitiveness of investment in the State; (g) To take action according to Government policies in respect of all matters relating to promotion of investment in all sectors of the economy of the State. (2) The Board shall hold at least one meeting every months; Provided that upon a request in writing by an investor, a meeting of the State Board may be held within two weeks of such requisition; Provided further that if no meeting is held upon such request and within the said period, the investor shall be informed in writing the reasons therefor;

1. (1) All proposals for investment in the State, of various categories as mentioned in Schedule-I, or any expression of interest in respect of any project proposed to be located therein, shall be received by the Conveners of the District Committee, the Divisional Committee or the State Board, as the case may be; and, each such Convener shall be designated the Point of Investor Contact at the level of the District Committee or Divisional Committee or the State Board, as the case may be. (2) The Point of Investor Contact at each level shall cause to furnish all information in respect of the proposal as may be necessary for assisting the investor to complete all documentation in respect of the project, and shall thereafter, as soon as may be and in any case not later than fifteen working days from the date of receipt of the proposal, proceed to bring the proposal before the District Committee, or Divisional Committee or the State Board, as the case may be. (3) The Point of Investor Contact shall cause the District Committee or Divisional Committee or the State Board, as the case may be, to process, and give approvals where necessary, to the proposal within the time period specified in Schedule II. (4) The Point of Investor Contact at the level of the District Committee or the Divisional Committee, as the case may be, shall convey to the State Board all such approvals that may have been granted by the Committee, stating therein reasons for not processing or approving other proposals, if any; and it shall be the responsibility of the Point of Investor Contact in his capacity as the Convener of the State Board to place before it all such proposals, as well as any proposals required to be presented before the Board for its approval in terms of sub-section (1) of Section 11. (5) The Point of Investor Contact at the level of District Committee or Divisional Committee or the State Board, as the case may be, shall ensure that the investor shall not be required to contact any other agency or authority of the Government in respect of any activity required for the successful establishment of the project in the State, unless so required under any law of the Parliament for the time being in force; and, to inform the status of the proposal to the investor at such regular intervals of time as the State Board may decide. (6) The Point of Investor Contact shall obtain and forward the appropriate approvals of the State Investment Promotion Board to the Central Government, all such proposals as may require the recommendations of the State Government or any of its agencies for any decision to be made by the Central Government. (7) All communications in respect of the investment proposals that may be entered in to with investors, for and on behalf of the agencies or authorities of the Government, including that on behalf of the Local Government as well as the District Committee or Divisional Committee or the State Board, as the case may be, shall only be made by the appropriate Point of Investor Contact and none other.

1. (1) The appropriate Point of Investor Contact shall cause to provide to the investor, free of any charges, such person or persons, being officers of the Government or any of its agencies or authorities, to assist the investor in any or all such activities as may be incidental to the purpose of investment: Provided, that any service as may be required, other than the Investor Facilitation Services, shall be paid for by the investor, on such fee, charges or terms as may be laid down or prescribed by the appropriate authority under any law, or rules thereof, for the time being in force. (2) The District Committee or Divisional Committee or the State Board, as the case may be acting through the appropriate Point of Investor Contact, shall at every stage in the implementation of the project, and after its completion, continue to assist the investor, or where appropriate, the project authorities, for the maintenance of a work environment conducive to successful project activities.

1. (1) There shall be formed, upon a request to be made in writing by the investor, a Local Co-ordination Committee for a project for the purpose of resolving local issues that arise in the timely implementation of the project. (2) Each such Committee shall consist of such persons as may be nominated by the investor, the Local Government, and the State Government or the Collector of the District. (3) The Local Co-ordination Committee shall meet at such time and place as the Committee may decide. (4) The Local Co-ordination Committee shall, as expeditiously as it may, bring to the notice of the District Committee or Divisional Committee or the State Board, as the case may be, all matters requiring attention of the concerning Committee or the board; which shall thereupon proceed expeditiously to remove such difficulties. (5) The nominee of the Collector of the District shall maintain records of the business transacted by the Local Co-ordination Committee and take necessary follow up action.

No agency or authority of the Government or the Local Government, as the case may be, including functionaries therein, shall disclose to any other investor or to a person not duly authorized, any information forming the intellectual property of the investor or any other information regarding the project without the consent of such investor. Provided, that all information in respect of the terms and conditions of the investment being made in the State and the facilities, if any, provided to the investor by the Government or any of its agencies or authorities, or by any Local Government, shall be notified by the State Board for information of the public.

The provisions of this Act shall apply to all investment proposals that have been under consideration of the State Government or any of its agencies, authorities or undertakings on the date the Act comes into force.

The investor shall proceed to take action under Chapter Ill of this Act only after satisfying himself of the feasibility of investing in the State.

The investor shall undertake to discharge his obligations for the Project Affected Persons whose land is acquired for the project by training at least one member of each family of such persons in skills that would ensure employment to the person so trained, either under the investor or otherwise.

The District Committee or Divisional Committee or the State Board, as the case may be, shall not reject any proposal except for reasons to be communicated in writing to the investor within seven working days of such rejection. Provided-further, that the investor may submit a revised proposal redressing the grounds of rejection of the initial proposal within a further period of fifteen working days; and any such revised proposal shall be deemed to be a new proposal for the purpose of Schedule-II of the Act.

The State Government may make rules for carrying out the purpose of this Act.

The investor shall he entitled to services from the Investment Promotion Authorities under Chapter Il, with in the periods of time indicated against each activity:- 1. Preliminary Meeting with Convener of the Board or the Committee as 1hc case may be within 7 working days from date of expression of intent. 2. Response to investor's proposal within 7 working days from the date of expression of intent or 3 working days from 1hc date of the Preliminary Meeting which ever is later to be conveyed by the Point of Investor Con1act. 3. Meroorandum of Understanding to be signed within IS working days from the date of communication of response to the proposal followed by firm agreement as convenient to !he investo.r between the investor and the appropriate agency or authority or undertaking of the Government. 4. Land transfer in the case of government revenue lands, 45 working days from the date of identification and application 10 the Point of Investor Contact and payment of value thereof: and Section 4 notification for Land Acquisition to be made within_ 15 working days: land transfer through pri vatc negotiations would be foci litaled and.._tincc settled between the investor and the private land owners the mutation and registration formalities shall be c:1mplclcd within 30 working days all land transfers have to be consistent with Constitutional and statutory provisions in regard to land i_n the Vth Schedule areas . 5. Clearances in respect of other Local Government, or statutory requirements of 1he Stale Government or its agencies or authorities shall be obtained within a period of 30 working days from the date of land transfer, or 75 working days from the date of identification or the silc; which ever is earlier. 6. Arrangement for requirements of infrastructure such as power shall be made within 45 working days from the ~ate of transfer, or 75 working days from the date of identification of the site for the project; which ever is earlier. 7. All recommendations such as for mining or environmcnlal clearances, where ever required to be forwarded 10 the Central Government, shall be so forwardaj, complete in all respects of documentation, within 45 working days from the date of transfer of land. or 75 working days from the date of identification of the site; which ever is earlier, 8. Preliminary Site visit for deciding on the location may be arranged free of cost if so required by the investor wi1hin .2 working days for the preliminary meetings with the members or the Board or the Committees .

Notwithstanding anything contained in any law enacted by the State legislature for the time being in force, the State Government may prescribe the clearances required by an investor in respect of which failure of the competent authority to pass final order on investor's application within the prescribed time limit shall result in deemed approval.

The nodal agency shall inform the applicant the date of receipt of his application referred to in sub section (8) by the competent authority and the date on which the application was deemed to have been approved under sub section (8).

The applicant may proceed to execute the work or take other action following the deemed approval referred to in sub section (8), but not so as to contravene any of the substantive provisions of Acts or rules or bye laws applicable to such clearances.