section 2
Definitions
The Karnataka Industries (Facilitation) Act, 2002In this Act unless the context otherwise requires,-
(i) “Appellate Authority” means an appellate authority referred to in section 18;
(ia) "Applicable Acts" means the Factories Act, 1948, the Boilers Act, 1923, the Contract Labour (Regulation and Abolition) Act, 1970, the Employees State Insurance Act, 1948, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965, the Payment of Wages Act, 1936, the Maternity Benefit Act, 1961, Gratuity Act, 1972, the Equal Remuneration Act, 1976 and the Karnataka Shops and Commercial Establishments Act, 1961; the Legal Metrology Act, 2009 (Central Act 1 of 2010) or rules made there under, the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993), the Karnataka Industrial Area Development Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964), the Karnataka preservation of Trees Act, 1976 (Karnataka Act 76 of 1976), the Karnataka Forest Rules, 1969, the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), and the policies of the Karnataka State Small scale Industries Development Corporation.
(ii) “Authority” includes a local authority or any statutory Board, Corporation or other authority established by the State Government and which are entrusted with the powers or responsibility to grant or issue clearances;
(iii) “Clearances” means grant or issue of no-objection certificate, allotments consents, approvals, permissions, registration, enrolments, licences and the like, by any Authority or authorities in connection with setting up an industrial undertaking in the State. (iv) “Department” means, a department of the State Government. (v) "District Level Single Window Clearance Committee" means a Committee constituted under section 9; (vi) ‘Entrepreneur’ means a person or body of persons or a company, having majority investment or controlling interest in an industrial or undertaking. (vii) ‘Industrial undertaking’ means an undertaking engaged in manufacturing or processing or both or providing service or doing any other business or commercial activity as may be specified by the State Government; (vii-a) “Manufacturing Enterprise” means the enterprise engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951 or employing plant and machinery in the process of value addition to the final product having a distinct name or character or use. (vii-b) “Manufacturing industry” means the industry which involves in the manufacturing and processing of items and indulges in either creation of new commodities or in value addition. (viii) ‘Nodal Agency’ means the Nodal Agency at the State level or at the district level constituted under section 12; (ix) ‘State High Level Clearance Committee’ means the State High Level Clearance Committee constituted under section 3; (x) ‘State Level Single Window Clearance Committee’ means the State Level Single Window Clearance Committee constituted under section 6. (xi) “State Level Empowered Committee” means the State Level Empowered committee constituted under section 11A In the Karnataka Industries (Facilitation) Act, 2002 (Karnataka Act 45 of 2003), in section 19, for sub-section (2), the following shall be substituted, namely:- “(2) Any manufacturing industry or enterprise which fails to comply with the conditions specified in the undertaking or the self-certification given to the nodal agency while applying for acknowledgement certificate or for violating any clause in the applicable Act or rules while implementing the industrial projects, shall on conviction be punishable, based on contravention of service, severity of violation and category of industry, with penalty which may extend up to Rs. 2,00,000 for the first offence and for the second and subsequent offence, with penalty which may extend up to Rs. 4,00,000 and the department concerned shall initiate penal action under respective existing Act.”
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