The Jharkhand Single Window Clearance Act, 2015

झारख ड गजट

असाधारण अंक

झारख ड सरकार ारा कािशत

11 ये , 1938 (श०) सं या 405 राँची, बुधवार,

1 जून, 2016 (ई०)

विध ( वधान) वभाग

---------अिधसूचना 6 अ ैल, 2016

सं या-एल0जी0-37/2015-69/लेज0 झारख ड वधान मंडल का िन निल खत अिधिनयम, जस पर रा यपाल दनांक 22 माच , 2016 को अनुमित दे चुके ह , इसके ारा सव साधारण क सूचना के िलये कािशत कया जाता है।

झारखंड िसंगल वंडो लीयर स अिधिनयम, 2015 (झारख ड अिधिनयम-10, 2016 )

औ ोिगक वकास के ो साहन के उ े य से विभ न अनु ि य , अनुमितय एवं वीकृ ितय को व रत एवम् समयब मंजूर दान करने, नए िनवेश को सुगम एवं सरल करने हेतु या मक आव यकताओं को कम करते हुए विनयामक ढाँचे को सरल बनाने सहज यापार यव था म सुधार लाने के िलए एवम् झारख ड रा य म िनवेशकोनुकू ल वातावरण उपल ध करने हेतु एक वधेयक एवम् यह वधेयक भारत गणरा य के 66व वष म िन नवत् प से झारख ड वधान सभा ारा अिधिनयिमत होता है:-

सं शीष क, सीमा एवं ारंभ

1. (1) यह अिधिनयम “झारखंड िसंगल वंडो लीयर स अिधिनयम, 2015“ के नाम से जाना जाएगा।
2. (2) यह अिधिनयम पूरे झारख ड रा य म भावी होगा।
3. (3) यह अिधिनयम झारखंड सरकार के राजप म अिधसूचना क ितिथ से भावी होगा।

Unless the context otherwise requires, in this Act: (1) "Agency" refers to Jharkhand Industrial Infrastructure Development Corporation (JIIDCO). (2) "Governing Body" refers to the committee constituted under Section-4. (3) "Appellate Authority" refers to the committee empowered under Section-25. (4) "Applicable Acts" means, (a) Bihar Shops and Commercial Establishments Act, 1953, (b) Central Sales Tax Act, 1956, (c) Maternity Benefit Act, 1961, (d) Payment of Bonus Act, 1965, (e) Contract Labour (Regulation and Abolition) Act, 1970, (f) Gratuity Act, 1972, (g) Equal Remuneration Act, 1976, (h) Jharkhand Value Added Tax Act, 2005, (i) Water (Prevention and Control of Pollution) Act, 1974, (j) Air (Prevention and Control of Pollution) Act, 1981, (k) Environment (Protection) Act, 1986, (l) Boilers Act, 1923, (m) Payment of Wages Act, 1936, (n) Factories Act, 1948, (o) Minimum Wages Act, 1948, (p) Bihar Electricity Act, 1948, (q) Jharkhand Entertainment Tax Act, 2012, or successor/amended Acts or any other relevant/applicable Act notified by the State Government. (5) "Competent Authority" means any department or agency of the Government, local authority, statutory body, State owned corporation, Panchayati Raj Institutions, Urban Local Bodies or any other authority or agency constituted or established under any Act or under the administrative control of the Government which has the power and accountability to grant or issue permissions to establish or operate an (industrial) unit in the State. (6) "Approval" means no-objection certificate, allotment, consent, permission, licence, registration, enrolment, issuance/granting of permission by any competent authority in connection with setting up an enterprise/unit in the State of Jharkhand and includes all such permissions which are necessary under the prevailing Acts. (7) "Department" means a Department of the Government of Jharkhand. (8) "District Executive Committee" means the committee constituted under Section-12. (9) "District Level Nodal Agency" means the agency directed under Section-14. (10) "Entrepreneur" means an individual or a body/group of individuals or a company who is interested or proposes to take the lead in investment or control in (any one) enterprise and who brings the investment proposal. (11) "Government" means the Government of Jharkhand. (12) "High Powered Committee" means the committee constituted under Section-6. (13) "Industrial Policy" means Jharkhand Industrial Policy or any other sector-specific policy of the Government of Jharkhand or such schemes of the Central or State (Jharkhand) Government as have been notified from time to time for industrial promotion. (14) "Notification" means a notification published in the Jharkhand Gazette and the word notified shall be construed accordingly. (15) "Prescribed" means rules provided under this Act and rules made under the prevailing Acts for the implementation of this Act. (16) "Web Portal" means the web portal maintained by the Agency.

The Government of Jharkhand shall notify the “Jharkhand Industrial Infrastructure Development Corporation (JIIDCO) to provide secretariat support to single window clearance and industrial facilitation for the new investments in the State.

(1) There shall be constituted a ‘Governing Body’ for the purposes of this Act. (2) The Governing Body constituted under section 4.1 shall consist of the Chairman and the following members: Members Designation: a. Hon’ble Chief Minister - Chairman; b. Industry Minister - Vice Chairman; c. Finance Minister - Member; d. Revenue, Registration and Land Reforms Minister - Member; e. Chief Secretary - Member; f. Principal Secretary/Secretary, Industry - Member-Secretary; g. Other nominations by the State Government if any - Members. (3) The Governing Body may co-opt any other member if so required, for proper and effective discharge of its functions. The Apex Committee may co-opt any other member if so required, for proper and effective discharge of its functions.

Remaining under the overall control and supervision of the State Government, the Governing Body shall provide total policy guidance and directions under this Act. (1) The Governing Body shall be responsible for defining strategy, direction and guidance for necessary Single Window approvals and industry simplification for its effective functioning. (2) Orders passed and decisions taken by the Governing Body shall be final and binding on all government departments, authorities and agencies, and such departments, authorities and agencies shall issue the required approvals and permissions within the stipulated time limit, provided the investor/applicant complies with the relevant provisions of the prevailing Acts and rules of the State/Central Government. (3) For the effective implementation of this rule, the Governing Body may grant or withdraw its powers/functions to the "High Empowered Committee" and the "Single Window" approval committee. (4) Meetings of the Governing Body shall be called as needed to complete its functions, but to review the performance of the "High Empowered Committee" and "Single Window" approval committee and to provide necessary recommendations where necessary, the body shall meet at least twice a year at a place to be determined by the Chairperson of the body. (5) The Governing Body may consider and take appropriate decisions on matters referred by the "High Empowered Committee" and the State Government. (6) The Governing Body shall recommend the approval of the financial incentive package as prescribed for large and ultra-large industries. (3) The Governing Body may assign or revoke its functions / powers to High Powered Committee and Single Window Clearance Committee for effective implementation of this Act. (4) The Governing Body shall meet as often as required to carry out its functions but it shall meet at least twice in every year at such place, as the Chairman of the Governing Body may decide, for performance review of the High Powered Committee and the Single Window Clearance Committee; and for providing necessary recommendations where required. (5) The Governing Body may also consider matters referred by the High Powered Committee and the State Government, and take appropriate decisions. (6) The Governing Body shall grant approval of financial incentive packages for Mega and Ultra-mega projects on the recommendation of the High- Powered Committee.

(1) For the purposes of this Act, a High Powered Committee shall be constituted. (2) The High Powered Committee constituted under Section 6.1 shall consist of a Chairperson and the following members: (a) Chief Secretary - Chairperson, (b) Development Commissioner - Member, (c) Principal Secretary/Secretary, Industries - Member, (d) Principal Secretary/Secretary, Planning-cum-Finance Department - Member, (e) Director, Industries - Member-Secretary. (3) If it is necessary to do so, the "High Empowered Committee" may invite the concerned Administrative Secretary or any other departmental officer as a special invitee member.

(1) The High Powered Committee for industry simplification and Single Window approvals shall regularly inspect, supervise and review the functions of the Single Window Clearance Committee, Agency, District Level Nodal Agency and District Executive Committee. (2) The Committee shall also perform other functions assigned by the Governing Body or the State Government. (3) For the effective implementation of this Act, the Committee may grant or withdraw its powers/functions to the Single Window Clearance Committee and the District Executive Committee under the powers/functions granted by this Act or the Governing Body. (4) To review the performance of the Single Window Clearance Committee and the District Executive Committee and to provide necessary recommendations where necessary, a meeting of the High Powered Committee shall be held at least once every quarter at a place to be determined by the Chairperson of the Committee. (5) On the recommendation of the Single Window Clearance Committee, the High Powered Committee shall grant approval for financial incentive packages for large projects. The High Powered Committee shall recommend financial incentive packages for all large and ultra-large projects to the Governing Body. (6) The High Empowered Committee may consider and take appropriate decisions on matters referred by the CEO of the Single Window Clearance Committee. (7) If necessary, the Committee shall refer/intimate any issue/matter/proposal to the Governing Body along with its recommendations and suggestions. (8) The Committee shall be responsible for the promotion of investment and other related activities in the State. (9) The High Empowered Committee shall recommend to the concerned department the time-limit for every service provided under various prevailing Acts. (10) The High Empowered Committee shall recommend to the concerned department the rationalization of self-certification, deemed approval, inspections and third-party inspections under various prevailing Acts applicable to the department.

(1) For the purposes of this Act, a Single Window Clearance Committee shall be constituted. (2) The Single Window Clearance Committee constituted under Section 8.1 shall consist of a Chief Executive Officer (CEO) and the following members: (a) Principal Secretary/Secretary, Industries - Chairperson, (b) Principal Secretary/Secretary, Planning-cum-Finance - Member, (c) Principal Secretary/Secretary, Revenue, Registration and Land Reforms - Member, (d) Principal Secretary/Secretary, Urban Development and Housing - Member, (e) Principal Secretary/Secretary, Labour, Employment and Training - Member, (f) Principal Secretary/Secretary, Forest, Environment and Climate Change - Member, (g) Principal Secretary/Secretary, Energy - Member, (h) Principal Secretary/Secretary, Water Resources - Member, (i) Principal Secretary/Secretary, Mines and Geology - Member, (j) Chairperson, Jharkhand State Pollution Control Board - Member, (k) Director, Industries - Member, Convener. (3) The Principal Secretary, Industries Department, shall be the Chairperson of the Single Window Clearance Committee. As per requirement, the Single Window Clearance Committee may invite any departmental secretary or any other departmental officer as a special invitee member.

Remaining under the overall control and supervision of the State Government, (1) The Single Window Clearance Committee shall exercise the power to grant approvals for the establishment of an enterprise and the commencement of operation of an enterprise, as notified by the State Government. Subject to overall control and superintendence of the State Government, (1) The Single Window Clearance Committee shall exercise powers of clearances for setting up of business and starting of business operations as notified by State Government. (2) The State Government may devolve upon it any other powers, if so required, through appropriate notification except the powers vested with the statutory bodies including ULBs and PRIs. The SWCC shall pursue the proposals with regards to ULBs and PRIs directly with them or through the Deputy Commissioner of the district concerned to facilitate their early clearance. (3) The delegations of powers shall be exercised by the SWCC up to the stage of clearances and approvals. All clearances and approvals, thereafter, shall be issued by the Appropriate Authority concerned. (4) Financial incentives for MSME projects shall be approved by this Committee and other than MSME projects, this committee shall recommend to the High Powered Committee for approval.

(1) The Officers of various departments shall be placed in the Agency on deputation/ secondment by concerned administrative department /organizations, include: a. An Officer not below the rank of a Chief Engineer in the Jharkhand State Pollution Control Board. b. An Officer not below the rank of the Chief Town Planner in the Department of Urban Development and Housing. c. An Officer not below the rank of Joint Labour Commissioner in the Department of Labour. d. An Officer not below the rank of the Joint Commissioner Commercial Tax in the Department of Commercial Tax. e. An Officer not below the rank of Chief Conservator of forests in the Department of Forest, Environment and Climate Change. f. An Officer not below the rank of Chief Engineer in Jharkhand Bijli Vitran Nigam Ltd. g. An Officer not below the rank of Director of Land Acquisition in the Department of Revenue, Registration and Land Reforms. h. An officer not below the rank of Additional Director of Mines from the Department of Mines and Geology. (2) In case the department/organizations is unable to provide the officers of the rank mentioned in sub-section-1, the deputed/secondment officer shall be deemed to be in the rank mentioned in sub-section-1 till he remains on deputation with Agency. However, this will not entitle him any additional financial benefits on this account. (3) All regulatory departments who grants approvals/clearances shall empower their depute/secondment senior officer in the JIIDCO through notification to grant approvals within a time-frame for all new projects to setting-up of business and starting business operations. Till such notification, the deputed/seconded officers shall be responsible for disposal of applications for such clearances applications within the time-limit. (4) The Chief Executive Officer of the SWCC shall exercise the powers of supervision and control over all the officers on deputation/secondment to the Agency. However, the Officers as mentioned in sub-section-1 whose services are placed with the Agency on deputation or secondment shall continue to be governed under the relevant rules and regulations of their respective cadres in their parent departments/organizations. (5) The Agency shall provide other staff requirement to discharge responsibility under this Act through contact or outsourcing mode.

(1) CEO will also be in-charge of Principal Secretary/Secretary of the Department of Industries. (2) CEO will examine, consider and take action on the proposals received from an entrepreneur regarding industrial and other projects to be set up in the State, from time to time. (3) The powers/functions given by the Governing Body, "High Empowered Committee" and the State Government from time to time by notification shall be exercised by the CEO. (4) CEO will coordinate all efforts to encourage investment and other related activities in the State. (5) CEO shall be the competent authority (authority) to sign all documents, approvals and allocation of grants or directives issued by SWCC. (6) CEO may refer any matter/issue/proposal to the "High Empowered Committee" with his recommendations and suggestions, if he deems it necessary. (7) CEO will review and monitor the approvals given by SWCC in various projects. (8) CEO will be responsible for preparing and submitting monthly, quarterly and half-yearly progress reports for the Governing Body and "High Empowered Committee". (9) CEO shall coordinate with all departments through various officers of departments deputed in JIIDCO for implementing investment proposals on the ground and for granting approvals/clearance. (10) CEO shall coordinate with all departments/authorities/offices who have not deputed their officers in JIIDCO for implementing investment proposals on the ground and for granting approvals/clearance. (11) CEO will provide all necessary assistance to the entrepreneurs for setting up industries in the State. (12) CEO will monitor, review and evaluate the functions of the Single Window Clearance web-portal, maintained and operated by JIIDCO. (9) The CEO shall coordinate with all departments through various officers of departments deputed or seconded in the JIIDCO to grant approval/clearances and to implement the investment proposals on ground. (10) The CEO shall also coordinate with all departments/authorities/offices who are not deputed or seconded their officers in the JIIDCO to grant approval/clearances and to implement the investment proposals on ground. (11) The CEO shall provide all necessary assistance to entrepreneurs to set up industries in the State. (12) The CEO shall regularly monitor, review and evaluate the functioning of web-portal of Single Window Clearance maintained and operated by the JIIDCO.

(1) The State Government may by notification constitute committee at district level called as “District Executive Committee”. (2) The District Executive Committee constituted under section 12.1 shall consist of the Chairman and the following members, namely:- Members: (a) Deputy Commissioner of the District - Chairman, (b) Deputy Commissioner Commercial Tax Officer ofthe District - Member, (c) Regional Officer, Jharkhand Pollution Control Board - Member, (d) General Manager of DIC - Member Secretary, (e) District Planning Officer - Member, (f) District officer of Labour Department - Member, (g) Executive Engineer of the District of concerned Electricity Distribution Company under which district falls - Member, (h) District Mining Officer - Member, (i) Divisional Forest Officer - Member. (3) The District Executive Committee may invite an officer of the concerned Department as a special invitee if so required.

(1) For the effective implementation of this Act, the District Executive Committee will monitor, supervise and review the working of the district level nodal agency regularly. (2) Under section-7, this committee will perform other functions assigned by the "High Empowered Committee". (3) For the effective implementation of this Act, the committee may grant or take back functions/powers to the district level nodal agency under the powers/functions granted by this Act or the High Empowered Committee. (4) For the review of its (District Executive Committee) functions (performance) and where necessary, providing necessary recommendations, the meeting of the District Executive Committee shall be called at least once in a month at a place which will be determined by the Chairman of the committee. (5) The District Executive Committee can take appropriate decisions by considering the matters referred by the district level nodal agency. (6) If necessary, the committee shall send any matter/issue/proposal to the Department of Industries along with its recommendations and suggestions. (7) A member of the District Executive Committee shall personally participate in its meetings and if he is unable to attend the meeting, he shall depute a senior officer by giving a written authorization letter to take appropriate decisions in the meeting. (8) The committee shall be responsible for the promotion of industries and other activities in the District. (9) The District Executive Committee shall be responsible for preparing progress reports and submitting them to the District Planning Committee.

District Industries Centre shall be the District Level Nodal Agency of the Agency and District Executive Committee.

(1) It shall provide assistance in investment promotion activities in the district. (2) It shall provide assistance and guidance to entrepreneurs in the district in investment and establishment of their projects or industrial units. (3) It shall provide guidance for various clearances including providing application forms to entrepreneurs and receiving filled forms from entrepreneurs wherever authorized and shall facilitate necessary clearances from departments and authorities for entrepreneurs within the stipulated time. (4) It shall exercise the delegated powers/functions assigned by the Executive Committee and District Executive Committee and by the State Government through notification from time to time.

(1) All proposed or existing investments which require approval under one or more prevailing/applicable Acts shall be eligible for facility through the Single Window Clearance web-portal whenever the facility for approval under the relevant prevailing Act is available on the web-portal. (2) In cases of all clearances other than those facilitated under sub-section-1, the officer appointed in the Agency shall take action to grant approval through the competent authority within the stipulated time-frame.

(1) The CEO of the SWCC or any authorised Officer shall sign memorandum of understanding (MoU) only for mega industries as provided under industrial policy and cases in which Government has given specific direction to do so. (2) The CEO of the SWCC shall obtain the approval of High Powered Committee before signing such MoU for mega industries.

The Agency shall maintain and operate web-portal for single window clearance of all clearances under various applicable Acts and Industrial Policy, as notified from time to time, under this Act.

(1) A combined application form shall be issued with a fee in place of the current application form prescribed under the prevailing Acts and the industrial policy notified from time to time. All competent authorities shall accept such form (Combined Application Form) for action and grant necessary approval. (2) Provided that where any application form and fee are provided in the Central Acts for such clearances, the application shall be submitted in the same form and with the same fee with which the fee is to be deposited.

(1) Every entrepreneur shall have to submit a self-certification in the prescribed form at the time of submitting the fully prepared CAF and thereafter shall have to self-certify before the competent authority within the prescribed time-frame that he shall comply with the applicable provisions of the prevailing Acts and the rules made thereunder. (2) The self-certification submitted by the entrepreneur under sub-section-1 shall be accepted by the competent authority for the purpose of granting grants and approvals and giving other benefits to the entrepreneurs.

(1) Inspections under the provisions of applicable Acts or Rules by different levels of authorities, shall be conducted jointly by the office of the Labour Commissioner and Jharkhand State Pollution Control Board and other, once in a year. (2) Department shall conduct inspection based on risk based assessment as maybe prescribed in their respective rules/bye-laws.However, inspection against specific complaints may be conducted with the authorisation of the Head of the Departments.

Inspections under the provisions of applicable Acts or Rules by different state authorities, wherever applicable, may be prescribed to conduct through empanelled third party inspection agencies of appropriate authorities. The Third Party Inspection Report shall be furnished in such from as may be prescribed.

(1) The applications submitted for clearances shall be disposed of by following such procedure, as may be prescribed. (2) The applications referred to in sub-section (1), shall be disposed of within such period as prescribed. (3) While granting clearances, the Appropriate Authority may ask for any additional information from the applicants; (4) Provided that such additional information shall be sought by the Appropriate Authority within the period prescribed for such clearances. (5) Provided further that any additional informational shall be called for only at one time. (6) If no additional information is sought by the Appropriate Authority from the applicant, it shall pass orders on the application with regard to clearances before the expiry of the stipulated period. (7) In case, additional information is sought for clearances, the application shall be disposed of within the stipulated period, which shall be counted from the date of receipt of the additional information.

The State Government may, by notification, notify the clearances in respect of which, failure by the appropriate authority to grant clearance or pass final order within the period specified shall be treated as a deemed approval.

(1) ǔजला काय[कारणी सिमित, ǔजला èतरȣय नोडल एजɅसी और एजɅसी Ʈारा पǐरयोजना को रƧ Ǒकये जाने के िनण[य या कोई अÛय िशकायत से पीǔ़डत उƭमी सिमित के िनण[य कȧ सूचना ĤािƯ ितिथ के 30 Ǒदन के अÛदर Single Window मंजूरȣ सिमित से जैसा Ǒक ǒवǑहत हो सकता है (Ĥथम अपील कर सकता है)। Single Window मंजूरȣ सिमित के आदेश के ǒवǽƨ अपील उÍच शǒƠ ĤाƯ सिमित के पास हɉगे। (2) High Powered Committee के आदेश के ǒवǾƨ Ĥधान सिचव/सिचव, उƭोग के माÚयम से ǑƮतीय अपील शासी िनकाय के सम¢ Ǒकया जाएगा और इस अिधिनयम के तहत् शासी िनकाय का िनण[य अंितम और सभी के िलए बाÚय होगा। (3) ǒवǑहत ĤǑĐया का पालन करते हुए, अपीलीय Ĥािधकार अपील ĤािƯ के एक माह के अÛदर या सिमित के आगामी बैठक जो बाद मɅ हो अपील का िनçपादन करेगा। (1)Any entrepreneur aggrieved by the decision of the District Executive Committee, District Level Nodal Agency and Agency disapproving the project, or any other grievances may make, within thirty days from the date of receipt of communication of the decision of the Committee, first appeal to theSingle Window Clearance Committeeas may be prescribed. Appeal against the order of Single Window Clearance Committee shall lie with High Powered Committee. (2)The second appeal against the order of High Powered Committee shall lie

The Application for such clearances shall be submitted by the applicants in such Combined Application Form – CAF or any other form prescribed under applicable Act or rules thereof along with such fee, as may be prescribed.

(1) The State Government shall have the power to make rules to carry out the purposes of this Act. (2) The State Government may, by notification, exempt from the operation of any of the provisions of this Act relating to clearances, if it considers necessary to do so in public interest. (3) Every rule made under this Act shall be laid immediately before the Jharkhand Legislative Assembly if it is in session, and if it is not in session, in the session immediately following the date on which such rule is notified.

Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsisitent therewith contained in any other state law for the time being in force. Provided that fine, penality, duty and other similar provisions if any under applicable Act, shall be imposed as per provisions of the applicable Act, and shall be deposited as prescribed.

(1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty.

(1) Any entrepreneur who fails to comply with the conditions or undertakings in the self-certification given the Agency or Department or appropriate authorities shall face penalty which may extend to fifteen thousand rupees for the first offence and up to twenty five thousand for the second or subsequent offences. (2) The appropriate authority shall be competent for enforcement of the above sub-section (1) as per law according to the prescribed rule under the applicable Act. (3) The appropriate authority imposing the penalty shall communicate the same to the entrepreneur concerned with intimation to the Agency. The entrepreneur shall deposit the amount of such imposed penalty with the Agency within thirty days of the issue of communication. (4) The amount of penalty may be changed from time to time by government through notification.

No suit or legal proceeding shall lie against the Chairman or other members of the Governing Body or High Powered Committee or Single Window Clearance Committee or District Executive Committee or Agencyor District Level Nodal Agency or any employees of such committee in respect of anything which is done or intended to be done in good faith under this Act or any Rule made there under.