Haryana Right to Business Act, 2026
Haryana Right to Business Act, 2026
1. Short title and commencement
- (1) This Act may be called the Haryana Right to Business Act, 2026.
- (2) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions
In this Act, unless the context otherwise requires,-
- (a) “approval” means acknowledgment, no objection certificate, consent, registration, permission, license and such other similar instrument by whatever name called, required under any State law with regard to the establishment or operation of an eligible enterprise which is a manufacturing unit, whether new or existing which is undertaking expansion and shall include deemed approval or certificate of in-principle approval;
- (b) “certificate of in-principle approval” means an approval granted by the District Nodal Agency under section 9;
- (c) “competent authority” means any department or agency of the State Government or a local authority, statutory body, corporation or board, urban development authority or any other authority or agency constituted or established by any State law or is under administrative control of the State Government which is entrusted with the powers or responsibilities to grant or issue approval for the establishment or operation of an enterprise in the State;
- (d) “declaration of intent” means submission of relevant documents and requisite information by an eligible enterprise under any State law for the purposes of availing benefit under this Act;
- (e) “deemed approval” means an approval deemed to have been given on the expiry of a period specified under section 9 of this Act;
- (f) “eligible enterprise” means a Micro, Small and Medium Enterprise (hereinafter referred as MSME) which is a manufacturing unit, whether new or existing which is undertaking expansion and is registered on the Udyam portal of the Government of India;
- (g) “Government” means the Government of the State of Haryana in the administrative department;
- (h) “moratorium period” shall means the period of thirty-six months from the date of issuance of the certificate of in-principle approval during which no inspection shall be conducted nor any coercive measure shall be taken against an eligible enterprise;
- (i) “prescribed” means prescribed by the rules made under this Act;
- (j) “Schedule” means the Schedule appended to this Act;
- (k) “State” means the State of Haryana;
- (l) “State Government” means the Government of the State of Haryana.
3. State Nodal Agency
The Empowered Executive Committee constituted under section 4 of the Haryana Enterprises Promotion Act, 2016 (6 of 2016) shall be the State Nodal Agency for the purposes of this Act.
4. District Nodal Agency
The District Level Clearance Committee constituted under section 8 of the Haryana Enterprises Promotion Act, 2016 (6 of 2016) shall be the District Nodal Agency for the purposes of this Act and shall work under the overall superintendence, direction and control of the State Nodal Agency.
5. Powers and functions of State Nodal Agency
The State Nodal Agency shall have the following powers and shall perform the following functions, namely: -
- (a) to monitor, supervise and review the overall functioning of the District Nodal Agency;
- (b) to coordinate and liaise with the competent authority;
- (c) to take decision on the appeal filed under section 13;
- (d) to ensure time bound redressal of grievances;
- (e) any other powers and functions, as assigned to it by the Government.
6. Powers and functions of District Nodal Agency
The District Nodal Agency shall have the following powers and shall perform the following functions, namely: -
- (a) to examine and process the declaration of intent, irrespective of the investment;
- (b) to issue the certificate of in-principle approval within the stipulated period;
- (c) to maintain record of declaration of intent, certificate of in-principle approval and deemed approval issued to the eligible enterprise;
- (d) to ensure time bound redressal of grievances;
- (e) to coordinate and liaise with the State Nodal Agency and the competent authority for effective implementation of the provisions of this Act;
- (f) to suo motu monitor eligible enterprise who has been granted certificate of in-principle approval and take appropriate action in accordance with the provisions of this Act;
- (g) any other powers and functions as assigned to it by the Government.
7. Declaration of intent
An eligible enterprise intending to establish or expand its business in the State, shall furnish to the District Nodal Agency a declaration of intent, in such form and manner alongwith such fee, as may be prescribed for issuance of certificate of in-principle approval.
8. Certificate of in-principle approval
- (1) A certificate of in-principle approval may be issued to an eligible enterprise on receipt of a declaration of intent, in such form and manner, as may be prescribed.
- (2) The requirement of obtaining a certificate of in-principle approval shall be optional and an eligible enterprise may choose to avail regular approval from the concerned competent authority at any point of time.
- (3) A certificate of in-principle approval shall not entitle an eligible enterprise to use land or a portion thereof, in deviation of the land use or any stipulations specified under any State law governing land use.
9. Issuance of certificate of in-principle approval and deemed approval
- (1) The District Nodal Agency shall, upon receipt of a declaration of intent, issue a certificate of in-principle approval or reject the declaration of intent within fifteen working days, in such manner, as may be prescribed.
- (2) In case the certificate of in-principle approval is not granted within the stipulated period, the same shall be forwarded to the Deputy Chief Executive Officer of the Haryana Enterprises Promotion Centre in such manner, as may be prescribed.
- (3) The Deputy Chief Executive Officer of the Haryana Enterprises Promotion Centre may approve or reject the declaration of intent within a period of ten days, failing which, the same shall be deemed to be approved and the certificate of in-principle approval shall be issued by the District Nodal Agency within three days from the date of deemed approval.
10. Inspection during moratorium period
- (1) Notwithstanding anything contained in any other State law, an inspection during the moratorium period may be undertaken upon receipt of a complaint, in such manner, as may be prescribed: Provided that such inspection shall be ordered only by the Head of the concerned competent authority and be conducted by an officer not below the rank of Joint Director, upon recording reasons in writing, with prior intimation of such inspection to the Chairman of the District Nodal Agency.
- (2) The Head of the concerned competent authority may suo motu for reasons to be recorded in writing, order an inspection to be conducted in cases of land use violations, unauthorized construction or issues relating to public safety, structural integrity or fire safety.
- (3) The inspection report shall be made available online to the eligible enterprise and the concerned competent authority within forty-eight hours after the inspection and the concerned competent authority shall initiate appropriate action as per the applicable law.
11. Requisite approval
During the moratorium period, an eligible enterprise shall initiate the process of obtaining all requisite approvals from the concerned competent authority mandatorily through the Invest Haryana Single Window Portal of the Haryana Enterprises Promotion Centre:
12. Provided that an eligible enterprise shall within the last six months preceding the expiry of the said moratorium period ensure that all pending approvals have been obtained.
Contravention, violation and penalty
- (1) In case of submission of any false or fraudulent information or misrepresentation of facts in the declaration of intent or violation of any provisions of this Act or rules made thereunder, the District Nodal Agency may revoke the certificate of in-principle approval after giving an opportunity of being heard to the eligible enterprise.
- (2) In case of violation of any of the provisions of applicable law with respect to the approval, the concerned competent authority may impose penalty upon the eligible enterprise as per the applicable law.
- (3) Where an eligible enterprise fails to obtain the requisite approval from the concerned competent authority within the moratorium period, the concerned competent authority shall, upon the expiry of such moratorium period, initiate such action, including coercive measures, against such eligible enterprise in accordance with the provisions of the applicable law.
13. Appeal
- (1) An eligible enterprise aggrieved by an order of rejection passed under sub-section (1) of section 9 may prefer an appeal before the State Nodal Agency within a period of thirty days from the date of rejection of declaration of intent: Provided that the State Nodal Agency may entertain an appeal after the expiry of such period if it is satisfied that there were sufficient reasons for not filing it within that period.
- (2) An eligible enterprise aggrieved by an order of rejection passed under sub-section (3) of section 9 may prefer an appeal before the Chief Executive Officer of the Haryana Enterprises Promotion Centre within a period of thirty days from the date of rejection of declaration of intent: Provided that the Chief Executive Officer of the Haryana Enterprises Promotion Centre may entertain an appeal after the expiry of such period if it is satisfied that there were sufficient reasons for not filing it within that period.
14. Grievance Redressal
- (1) Subject to the action taken in pursuance of the provisions of sub-sections (1) and (2) of section 10, if an eligible enterprise having a valid certificate of in-principle approval under this Act is aggrieved by an action initiated during the moratorium period, an eligible enterprise may file an application for redressal of grievance before the District Nodal Agency, in such manner, as may be prescribed. The District Nodal Agency shall resolve such grievance within a period of thirty days.
- (2) If the District Nodal Agency fails to resolve the grievance or is unable to take appropriate action under sub-section (1) within the stipulated period, the grievance shall be forwarded to the State Nodal Agency, in such manner, as may be prescribed.
- (3) The State Nodal Agency shall decide the grievance within a period of fifteen days.
15. List of approval
The list of approval for the purposes of this Act and the concerned competent authority for such approval shall be as specified in the Schedule.
16. Power to amend Schedule
The Government may, by notification, add to or alter or amend the Schedule appended to this Act.
17. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the State Nodal Agency, District Nodal Agency, competent authority or any officer performing functions under this Act or any official acting under the directions of such officer, for anything which is done in good faith or intended to be done in pursuance of this Act or any rules made thereunder.
18. Public servant
All officers/officials acting or purporting to act in pursuance of the provisions of this Act or any rule made thereunder shall be deemed to be public servant within the meaning of clause (28) of section 2 of the Bhartiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).
19. Overriding effect
Notwithstanding anything inconsistent therewith contained in any other State law, the provisions of this Act shall have an overriding effect.
20. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be, after it is made, be laid before the State Legislature.
21. Power to make rules
- (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) Every rule made under this Act shall, as soon as possible, after it is made, be laid before the State Legislature.
PDF: pending for this language.
List of Approvals
(see section 15 and 16) List of Approvals
- (i) Change of land use in industrial zone
- (ii) NOC for establishment of unit under urban area act
- (iii) NOC for unit falling outside controlled/urban area
- (iv) Building plan approval (for all low-risk industries)
2. Urban Local Bodies Department
- (i) Change of land use in industrial area within municipal limit
- (ii) Approval of building plan (for all low-risk industries) 3. Fire Department
- (h) Fire Fighting Scheme for White and Green category Industries (for all low-risk industries)
- (ii) NOC for Fire Service (for all low-risk industries)
4. Haryana State Pollution Control Board
- (i) Consent for establishment under the Water (Prevention And Control Of Pollution) Act, 1974 (Central Act 6 of 1974) and the Consent for establishment under the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) (for all White and Green Category Industries and additionally Orange Category Industries inside Industrial Area)
- (j) Consent to operate under the Water (Prevention And Control Of Pollution) Act, 1974 (Central Act 6 of 1974) and the Air (Prevention And Control Of Pollution) Act, 1981 (Central Act 14 of 1981) (for all White and Green Category Industries and additionally Orange Category Industries inside Industrial Area)
5. Haryana State Industrial and Infrastructure Development Corporation Ltd.
- (i) Building plan approval (for all low-risk industries)
- (ii) Issue of plinth level certificate 6. Labour Department
- (i) Shop registration under the Haryana Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958).