The Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011

Short title, extent and commencement.-(1) This Act may be called the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011.

1. (2) It extends to the whole of the State of Rajasthan.
2. (3) This section shall be deemed to have come into force on and from 26th December, 2010 and other provisions of this Act shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions, in or in relation to, different-
   • (a) districts in the State; and
   • (b) format of the application form- and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such districts, or in relation to such format of the application form.

Amendment of section 2, Rajasthan Act No. 7 of 2011.- In section 2 of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No. 7 of 2011), hereinafter referred to as the principal Act,-

1. (i) the existing clause

1. (a) shall be renumbered as clause
2. (aa) and before clause
3. (aa) so renumbered, the following new clause shall be inserted, namely:- "(a) "Board" means the Board of Investment established and constituted under section 2-A;" ;
   • (ii) after clause
4. (aa) so renumbered and before the existing clause (b), the following new clause shall be inserted, namely:- "(aaa) "Commissioner" means the Commissioner (Investment and NRIs) of Bureau of Investment Promotion;";
   • (iii) for the existing clause (b), the following shall be substituted, namely:- “
5. (b) “Competent Authority” means-
   • (i) in case, proposals falling under jurisdiction of District Empowered Committee, any department or agency of the Government, Local Authority, Statutory Body, State owned Corporation, Gram Panchayat, Municipality, or any other authority or Agency constituted or established under any Rajasthan law or under administrative control of the Government, which is entrusted with the powers and responsibilities to grant permission for setting up or commencement of operation of an enterprise in the State; and
   • (ii) in case, proposals falling under jurisdiction of State Empowered Committee, the Commissioner and/or officers of concerned departments/instrumentalities of the Government, deputed in the office of Bureau of Investment Promotion;”; and
   • (iv) after the existing clause
6. (h) and before the existing clause (i), the following new clause shall be inserted, namely:- “(hh) “One Stop Shop” means the comprehensive and hassle free assistance provided by the Government or its instrumentalities under one roof through Nodal Agency to investor from the time he submits viable investment proposal falling under the jurisdiction of the State Empowered Committee, till the commencement of operation of an enterprise;”.

Constitution, powers and functions of State Empowered Committee and District Empowered Committee.-(1) The Government may, by notification, constitute a State Empowered Committee to assist Council of Ministers in considering the proposals for benefits as mentioned in section 11 for the purpose of promoting investment and for setting up of enterprises in the State and to consider and dispose of applications for permission required under Rajasthan laws in case the Competent Authority has failed to consider and dispose of such applications within the time limit prescribed under section 12.

1. (2) The State Empowered Committee shall examine the applications for giving concessions or grant exemption or relaxation from the provisions of any Rajasthan law, take into consideration the comments of the departments, if any, hold discussions with the investors, wherever necessary and make recommendations to the Council of Ministers. The time limit for submitting recommendations to the Council of Ministers shall be such as may be prescribed under section 12.
2. (3) The Government may, by notification, constitute a District Empowered Committee for each district to consider and dispose of applications for permission required under Rajasthan laws in case the Competent Authority has failed to consider and dispose of such applications within the time limit prescribed under section 12.
3. (4) Notwithstanding anything contained in any Rajasthan law, the State Empowered Committee or, as the case may be, the District Empowered Committee shall, in case the Competent Authority has failed to process and dispose of such applications within the time limit prescribed under section 12, have the power to consider and dispose of applications for permission under any Rajasthan law. For this purpose, references to the Competent Authority in such law shall be construed as including reference to the State Empowered Committee or, as the case may be, the District Empowered Committee: Provided that where the Committee is unable to meet or otherwise unable to consider the application immediately, the Chairperson of the concerned Committee may, for reasons to be recorded in writing, decide the application and report the action taken to the Committee in its next meeting and the decision of the Chairperson, subject to any decision of the Committee, on such application shall for all purposes be deemed to be the decision of concerned Committee under this section.
4. (5) The State Empowered Committee and the District Empowered Committee may be assigned such other functions as may be prescribed.
5. (6) Where permission is issued by State Empowered Committee or any of the District Empowered Committees under sub-section (4), State Empowered Committee or District Empowered Committee, as the case may be, may recommend to the Government for appropriate action against the concerned Competent Authority, which has failed to dispose of the application within the time limit prescribed under section 12.

Amendment of section 3, Rajasthan Act No. 7 of 2011.- In section 3 of the principal Act,-

1. (i) in sub-sections

1. (1) and (2), for the existing expression "Council of Ministers" wherever occurring, the word "Board" shall be substituted; and
   • (ii) in sub-section (2), for the existing word "departments", the expression “departments including instrumentalities of the Government” shall be substituted.

Amendment of section 6, Rajasthan Act No. 7 of 2011.- In section 6 of the principal Act,-

1. (i) in clause (v), for the existing expression “concerned departments or authorities”, the expression “departments or instrumentalities of the Government” shall be substituted;
2. (ii) in clause (vi), for the existing expression “concerned department or authority”, the expression “department or instrumentality of the Government” shall be substituted;
3. (iii) in clause (vii), for the existing expression “concerned department or authorities in the prescribed time limit.”, the expression “department or instrumentalities of the Government in the prescribed time limit;” shall be substituted and after clause
4. (vii) so amended, the following new clause shall be added, namely:- “(viii) to discharge such other functions or directions, as may be assigned/given by the Government or the Board and/or the State Empowered Committee, as the case may be, from time to time.”.

Amendment of section 7, Rajasthan Act No. 7 of 2011.- In section 7 of the principal Act,-

1. (i) in heading, for the existing expression “department or Authority”, the expression “department or instrumentality of the Government” shall be substituted;
2. (ii) in sub-section (1), for the existing expression “Competent Authority”, the expression “department or instrumentality of the Government” shall be substituted; and
3. (iii) in sub-section (2), for the existing expression "department or authority" wherever occurring, the expression "department or instrumentality of the Government" shall be substituted.

Amendment of section 8, Rajasthan Act No. 7 of 2011.- In sub-section

1. (2) of section 8 of the principal Act, for the existing expression "departments or authorities", the expression "departments or instrumentalities of the Government" shall be substituted.

Amendment of section 10, Rajasthan Act No. 7 of 2011.- In section 10 of the principal Act,-

1. (i) in sub-section (1), for the existing proviso, the following shall be substituted, namely:- “ Provided that the additional information under this section shall be requisitioned only once. In case of matters falling under the jurisdiction of District Empowered Committee, such requisition letter shall be sent through the Nodal Agency only.”; and
2. (ii) in sub-section (3), after the existing expression “Nodal Agency” and before the existing punctuation mark “.” appearing at the end, the expression “or the department or instrumentality of the Government concerned, as the case may be” shall be inserted.

Amendment of section 12, Rajasthan Act No. 7 of 2011.- In section 12 of the principal Act,-

1. (i) in sub-section (2), for existing expression "department or authority", the expression “department or instrumentality of the Government" shall be substituted; and
2. (ii) in sub-section (3), for the existing expression "Council of Ministers", the word "Board" shall be substituted.

Power of Competent Authority to call for additional information.-(1) On receipt of an application for permissions, the Competent Authority shall have powers to obtain additional information, if required, from the applicant: Provided that the additional information under this section shall be requisitioned only once and requisition letter shall be sent through the Nodal Agency.

1. (2) The applicant shall furnish the required information to the concerned Nodal Agency.
2. (3) The Competent Authority shall, after sanctioning or rejecting, with reasons, the application, send its orders to the concerned investor and endorse a copy thereof to the concerned Nodal Agency.

Grant of customized packages, concessions, exemptions or relaxations.-The Government may, with a view to facilitate investment in the State, grant customized packages, concessions, exemptions or relaxations to any enterprise or category of enterprises in the State, subject to such conditions as it may deem fit, where the Government, or any other authority subordinate to it, is empowered under any Rajasthan Law to grant such customized packages, concessions, exemptions or relaxations.

Time limits for processing of applications.-(1) Notwithstanding anything contained in any Rajasthan law, policy or orders for the time being in force, the Government may prescribe time limit for processing and disposal of applications by the Competent Authority.

1. (2) The Government may prescribe time limit for Nodal Agency to process the application and the comments from the Competent Authority, concerned department or authority, and submissions of the same to the State Empowered Committee and District Empowered Committee, as the case may be.
2. (3) The Government may prescribe time limit for the State Empowered Committee for submitting its recommendations to the Council of Ministers.

Appeal.-Any investor aggrieved by the orders of –

1. (i) the Competent Authority may appeal to the State Empowered Committee;
2. (ii) the District Empowered Committee may appeal to the State Empowered Committee;
3. (iii) the State Empowered Committee may appeal to the Government,- within thirty days from the date of the receipt by the investor of the order appealed against.

Revision.-

1. (1) Notwithstanding anything contained in any Rajasthan law, the Government may, either suo motu or on an application made to it in this behalf, call for the record of any proceeding before any Competent Authority or the State Empowered Committee or a District Empowered Committee and examine the propriety of the proceedings or orders passed therein so as to ensure that the orders are not against public policy nor against the provisions of law and make therein such orders as it may think fit within one year of issuance of the orders being so revised in cases of rejection of the application for permissions and within three months in cases of grant of permissions .
2. (2) The orders passed by the Government under this section shall be final and shall be binding on all concerned.

Jurisdiction of the State Empowered Committee and the District Empowered Committee.-The class of investment for which or investment limits up to which the State Empowered Committee or a District Empowered Committee shall have jurisdiction to consider and dispose of applications for permission under section 3 shall be such as may be prescribed.

Protection of action taken in good faith.-No suit, prosecution or legal proceedings shall lie against the Chairperson or other members of State Empowered Committee or District Empowered Committee or any employee of the Government acting under the direction of such committee in respect of anything which, in good faith, is done or intended to be done under this Act or any rules made thereunder.

Confidentiality.-No agency or authority of the Government or, any local authority, including any functionaries thereunder, shall disclose to any other investor or to a person not duly authorized, any information forming the intellectual property of the investor without the consent of such investor: Provided that all information in respect of the terms and conditions of the investment 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 authority, shall be notified by the Government for information of the public.

Transitional provisions.-The provisions of this Act shall apply to all investment proposals that have been under consideration of the Government or any of its agencies, authorities or undertakings on the date of commencement of this Act, if the concerned investor so opts by submitting an application to the Nodal Agency in the prescribed form and manner.

Act to override other laws.-Save as otherwise provided in this Act, the provisions of this Act shall have overriding effect, notwithstanding anything inconsistent therewith contained in any other Rajasthan law, for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law.

Power to remove difficulty.-

1. (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 provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the House of the State Legislature.

Power to make rules.-

1. (1) The Government may, by notification, make rules generally for carrying out the purposes of this Act.
2. (2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days, which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

Repeal and savings.-

1. (1) The Rajasthan Enterprises Single Window Enabling and Clearance Ordinance, 2010 (Ordinance No. 04 of 2010) is hereby repealed.
2. (2) Notwithstanding such repeal, all things done, actions taken, notification issued or orders made under the said Ordinance shall be deemed to have been done, taken, issued or made under this Act.