Haryana act 006 of 2006 : Haryana Industrial Promotion Act, 2005

Section 1. Short title, extent and commencement

Chapter-I

CHAPTER I

1. Short title, extent and commencement.- (1) This Act may be called the Haryana Industrial Promotion Act, 2005.

(2) It extends to the whole of the State of Haryana.

(3) li shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires:-

(a) "any State law" mams any Law of the Legislative of the State of Punjab as amended and adapted in its application to in State of Haryana and the law made by the Legislative of the State Haryana:

(b) "authority" means any department of the State Government a local authority or any statutory Board, Corporation or other authority established by the State Government and responsibility to grant or issue clearness:

(c) ??? State of Haryana.

(d) "Committee" means the High Powered Clearness Committee State level Clearance committee District Level Clearance committee as the case may be.

(e) "District Level Clearance Committee" means a Committee constituted under section 5;

(f) "entrepreneur" means person or a body of persons or a company, having majority investment or controlling, interest in an industrial ???

(g) "State Government" means the Government of the State of Haryana;

(h) "High Powered Clearance Committee" means the Committee constituted under ???

(i) ??? means in undertaking engaged in ??? or processing or both or providing, service of doing any other business or commercial activity as may be specified by the State Government;

(j) "???" means the Nodai Agency at the State level of at the district level constituted under section 7;

(k) "prescribed" means prescribed by rules made under this Act; and

(l) "State Level Clearance Committee" means the Committee constituted under section 4.

Section 3. Constitution ??? and powers of High Powered Clearance Committee

Chapter-II

CHAPTER II

3. Constitution ??? and powers of High Powered Clearance Committee.- (1) The State Government may, by notification, constitute a single point clearance committee called "High Powered Clearance Committee" consisting of such members as may be prescribed.

(2) The Committee shall perform the following ??? namely:-

(i) to meet at such times and at such places and adopt such procedure to ??? its business as may be prescribed;

(ii) to receive Composite Application Forms for grant of clearances for setting up industrial units with pressed investment of Rs. 30.00 crorcs and above;

(iii) ??? and ??? the ??? by the ??? authority and ??? the orders of the authority to the applicant;

(iv) to inform the ??? the date on which his implication may be deemed to have been approved in the case of deemed approval;

(v) the member of the Committee shall personally attend the meeting and in case he is unable to attend the meeting, he may depute a senior level officer to attend the meeting with a written authorization to lake appropriate decision in the meeting.

(3) The Committee shall be the final authority in granting clearances. The clearances given by the Committee shall be binding on all concerned authorities had such authorities shall issue the requited clearances to the entrepreneur when stipulated time.

Section 4. Constitution, functions and powers of state Level Clearance Committee

4. Constitution, functions and powers of state Level Clearance Committee.- (1) The State Government may by notification, constitute a single point ??? called the "State Level Clearance Committee" consisting of such members as may be prescribed.

(2) The Committee shall perform the following functions namely:-

(i) to meet at, such times and at such places and adopt such ??? to transact its business as may be prescribed;

(ii) receive Composite Application ??? for grant of clearances for selling in industrial ??? with proposed investment of above Rs. 5.00 crores and below Rs. 30.00 crores:

(iii) to review and monitor the processing of application by the authority and forward the orders of the authority to the applicant;

(iv) to inform the entrepreneur the date on which such applications may be deemed to have be approved in the case of deemed approval,

(v) the member of the Committee shall personally attend the meeting and in case he is unable to attend the meeting, he may depute a senior level officer to attend the meeting with a written authorisation to take appropriate decision in the meet in.

(3) The State Level Clearance Committee shall be the final authority in granting clearances. The clearances given by the Committee shall be binding on the authorities concerned and such authorities shall issue the required clearances to the entrepreneur within stipulated time.

Section 5. Constitution functions and powers ??? Clearance Committee

5. Constitution functions and powers ??? Clearance Committee.- (1) The State Government may, by notification constitute a single point clearance committee at the district level called the "District Level Clearance Committee" ??? of such members an may be prescribed.

(2) The Committees shall perform the following functions, namely:-

(i) to meet at such times and at such places and adopt such procedure to transact its business as may be prescribed;

(ii) to receive Composite Application Forms for grant of clearances for setting up industrial units with proposed investment upto Rs. 5.00 crores;

(iii) to review and monitor the processing of application by the authority and forward. The orders of the authority to the application;

(iv) to inform the ??? the date on which such applications may be deemed to have been approved in the case of deemed approval;

(v) the member of the Committee shall personally attend the meeting.

(3) The District level Clearance Committee shall be the final authority in granting the ??? The clearance ??? by the Committee at the district level shall be ??? the authorities concerned and such authorities shall issue the required ??? certificate to the entrepreneur within the stipulated time.

Section 6. Appeal

6. Appeal.- (1) Any person aggrieved by the decision of the High Powered Clearance Committee. State Level Clearance Committee, and District Level Clearance Committee disapproving the project may, within thirty days from the date, of receipt til communication of the decision of the Committee appeal to the appellate authority as may be prescribed and different appellate authorities may be prescribed in respect of the ??? against the decision of different level of Committees.

(2) The appellate authority shall after following such procedure as may be prescribed, dispose of the appeal within the period of one month from the date of its receipt.

Section 7. Appoint and functions of Nodal Agency

7. Appoint and functions of Nodal Agency.- (1) The State Government may by notification, appoint the "Investment Promotion Centre Chandigarh as a "Nodal Agency" at the State level and ‘District industries Centre’ as the "District Nodal Agency" at the District level.

(2) The Nodal Agency shall provide secretarial support to the District Level Clearance Committee. State Level Clearance Committee and High Powered Clearance Committee.

(3) The functions of Nodal Agency at the District level and State level shall among others include the following namele:-

(a) to ??? out investment ???:

(b) to guide and assist ??? to up industries in the ??? State;

(c) to guide regarding procedure to obtain the required clearances from the authorities;

(d) to issue Composite Application form to the entrepreneurs and also to receive lite forms from them and to arrange required clearances from authorities within stipulated time;

(e) to provide secretarial support to the High Powered Clearance Committee, State Level Clearance Committee and the District Level Clearance Committee; and

(f) to perform any other function as may be entrusted to it by the State Government.

Section 8. Composite Application Forms

8. Composite Application Forms.- The State Government shall prescribe Composite Application Forms for the use of entrepreneurs.

Section 9. Processing and disposal of Composite Application Forms

9. Processing and disposal of Composite Application Forms.- Notwithstanding, anything contained in any State law for the time being in force,-

(a) the State Government may prescribe the procedure for processing and disposal of Composite Application Forms;

(b) the State Government may prescribe true limit for processing and disposal of Composite Application Forms by the authorities;

(c) the authority may ask for additional information before the expiry the period stipulated for the disposal of such clearance with a copy to Nodal Agency:

Provided that such request for additional information shall be made only once by the authority;

(d) the entrepreneur shall furnish the required information to the authority and also to be Nodal Agency simultaneously;

(e) after receipt of the additional information, the authority shall pass orders on the applications before the expiry of the stipulated time from the elate of receipt of such additional information and send the same to the Nodal Agency so that the same can be given to the applicant;

(f) the Committee shall examine the order passed by any authority, rejecting any clearance or approving it with modification and if the Committee ??? that there are valid grounds for a change in such decision, it shall take a decision which shall be binding on the authority.

Section 10. ???

10. ???.- (1) Every ??? shall ??? an undertaking at the time of ??? the ??? Composite Application From and thereafter once in a year to the Nodai Agency that he shall ??? with the provisions of this Act and the rules of made thereunder. The undertaking shall be furnished in such form as may he proscribed.

(2) The undertaking ??? the entrepreneur shall be, accepted by the authorities for the purpose of issuing and granting clearance and giving cither benefits to the entrepreneur.

Section 11. Deemed approval

11. Deemed approval.- (1) The authority notwithstanding anything contained in any State law for the time being in force, shall issue clearances within the stipulated time limit failing which such clearances shall be deemed to have been issued.

(2) The entrepreneur may proceed to execute the work or take other action following the deemed approval, but not so as to contravene any of the provisions of this Act or rules or bye-laws made thereunder to such clearances.

Section 12. Penalty

12. Penalty.- Any entrepreneur who ??? to comply with the conditions of undertaking given to the Nodal Agency, shall on conviction be punishable with fine which may extend to live thousand rupees on first offence and for the second or subsequent offence with fine which may extend to ten thousand rupees.

Section 13. Offences by Companies etc.

13. Offences by Companies etc.- Where an offence under this Act is committed by a company, the company, as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence ??? shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with me consent or connivance of, or that commission of the offence is ??? to any neglect on the part of any director, manager secretary or other officer, shall director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section,-

(a) "company" means any body corporate, and includes a proprietorship, firm or other association of individuals; and

(b) "director" in relation to a firm means an individual in case of proprietorship and a partner in case of partnership firm.

Section 14. Power to make rules

14. Power to make rules.- The State Government may by notification, make rules in carry and the purposes of this Act.

(2) Every rule made under Act shall be laid soon as may be ??? it is made ??? the ??? State shall be is in session. If the House agrees in making any modilicaltion in the rule ??? me ??? House agrees that the rule should not he made, the rule, shall there ??? effect only in such modified form of the of ??? as the ??? however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 15. Protection of action taken in good faith

15. Protection of action taken in good faith.- No suit or legal proceedings shall lie against the chairman or other members of the Committee or any employee of such Committee in respect of anything which is in good faith done or intended to be done under this Act or ??? rule made thereunder.

Section 16. Power to remove difficulties

16. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act remove such difficulty:

Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.