Regd. No, NW/CFI-22
Regd. No. CHD/0092/20 I 5-20 I 7 Price : Rs 2.70
Funisb (5ousmmsnt (5azrffr
EXTRAORDINARY
Publlshed by Authortty
CHANDIGARH, WEDNESDAY NOVEMBER 9. 2016
(KAI(TIKA 18, 1938 SAKA)
Part - I
Part- II
Part - III
2.
l. t.
LEGISLATIVE SUPPLEMENT
Contents
Acts
The Punjab Bureau of Investment Promotion Act, 2016.
(Punjab Act No. 32 of l0l 6) The East Punjab l-loldings (Consolidation trnd Prevention of Fragmentation) Anrendnrent Act. 201 6.
(Punjab Act No. 33 of 2016)
Ordinances
' NiI
Delegated Legislation
Notification No.G.S.R. 7 4/P.A.l I 19 | 4/5.59/ Amd.( I 32)/20 1 6, dated the 9th November, 2016, containing amendment in the Punjab Liquor Libense Rules, 1956.
Notification N o,G. S.R. 7 5 /Const.l Art.309 / 2016, dated the 2nd November, 2016, containing the Punjab Health and Family Welfare Teclrnical (Group 'C') Service Rules, 2016.
( cxii )
Pages
..107-117
.. l19
..91s-916
2.
..917-957
1
cxiii PUNJAB GOVT. cAZ. (EXTRA), NOVEMBER 9,20t6 (KRTK t8, 1938 SAKA)
Part - IV Correction Slips, Republications and Replacements
NiI
2
PUNJAB GOVT GAZ. (EX'IRA), NOVEMBER 9,2016
(KRIK 18, 1938 SAKA)
PART I
GOVBRNMENT OF PUNJAB
DEPAT{TMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 9th Novernber. 2016 No. 39-Leg.l20l6.-The fbllowing Act of the Legislature of the State of Punjab received the assent of the Goverttot'of Punjab on the lst Day of November, 20 16, is heleby published for gerteral information:-
THB PUNJAB BUREAU OF INVESTMENT PROMOTIONACT,
2016.
(Punjab Act No. 32 of 2016'1
AN
ACT
to ltrovirle for expetlitious clearance of inveslment ptopo,sals (both regulatorlt and flscal) in the Stale of Punjuh and to itnplement inveslntent pronntion ltolicies lhot mu1' be cmnounced hy the Slale Governntent front tirne to time uncl .for the mallers connecletl thefeu'ilh or inciclental therelo. Be it enacted by the Legislature of the State of Punjab in the Sixty- Seventh year of the Republic of India as tbllows:-
1. (1) This Act nray be called the Punjab Bttreau of Investment Pronrotion Act,20l6.
(2) It shall come into force on and with effect from tlre date of its publicationin the Official Gazette.
2. In this Act, unless the context otlterwise requires,-
(a) "Board of Governors"or "BoG" means the Board of Governors of the Bureau;
(b) "Bureau" ltleans the Punjab Bureau of Investment Promotion;
(c) "Chief Executive Officer" Ineans the Chief Executive Officer of tlre Bureau;
(d) "entrepreneur" means an entity wlro decides to set up an enterprise and incl udes,-
(i) an individual;
(ii) a Hindu Undivided FarnilY;
107
Short title and commencelnent. Definitions.
3
r08 puNJAB GOV'I: CAZ. (EX1'|{A), NOVEMBER 9.l0l6
(KRTK 18, 1938 SAKA)
(iii) a conlPan)':
(it'l a registered firrn; n,) a Linritecl Liability Partnersltip as perthe Linrited Liability Partnersltip Act, 2008 (CentralAct 6 of 2009 ); (t,i)attassociationofpersonsorabodyofindividtrals,wltether incorporated or rlot, in India or outside lndia; - (t'ii) any corpopation established by ol under any Central or StateActoraGovertrntentCotnpanyasdefinedunder
clattse(15)ofsecticxr2oftheCornpaniesAct'2013
(Central Act l8 of 2013);
(t'iii) any bocly corporate ittcorpot'ated by or ttnder tlre laws ' of a cotttttrY outside India; and
(ix)aco-opelativesocietyregisteredtlnderanylawrelating to a co-oPelative societY;
(e) "Execrrtive Conrmittee" or "8.C." llleans the Executive Comnrittee of the Bureau;
.-
overntnent of the State of Punjab (l) "Government" mealrs the Cr in the Deparlntent of Investnlent Promotion;
q)'.policy''lneansanynotifiedpo|icy,regu|ation,packageor programme of the Government;
. (h) "prescribecl" ll'leans prescribed by rules made under this Act;
and
(i) "sectiol.l" llleans a sectiott of this Act' 3.(I)Theresha||beestablislredaBureautobeknownasthePunjab Bureau of Investment Prolnotiott'
Q) 'l'he Bureau shatl be a body'corporate as well as an authority, having perpetual succession and a common seal. It shall have the power to acquire, lrold and sellthe propefly, both moveable and itnlnoveable' and shall by the said name sue ol'be srred.
4.(t)Theresha||beaBoardofGovernot.softheBureauwhich
shall be the apex governirrg body for all matters oftlre Bureau. The constitution of the Board of Governors shallbe as follows, namely:-
Establishment of
lluleau.
Board of
Covelnot's.
(i) ChiefMinister; : Chairman
4
PUNJAII Gov'r. GAZ. (EX'l'ltA), NovElvllllll{ 9' 2016 (KRI-K 18. 1938 SAKA)
r09
(lil Mirrister-irt-Cltarge,
De' pa rt ttte ttt tt 1' I tt t'esf tllettt Protttot i o tl ; /iiil lrrdtrstries Ministerl
/ir'l Finattce M iltisterl
/r',/ Agrictrltttt'e Mittister;
1r'i) Flealth and Fanrily Wellirre Minister; (r'lil 'forrrisnl M itristerl
r'r'lill Laborrl Minister;
/n) Food Processing Mirtister;
/.r/ ln fbrrttation'l'ecltnology M inister; /,tl/ llotrsirrg and [Jlban Developntetrt Minister'; /riil Local Covertltrtettt Minister';
/.xiil) Science, 1-ecltnology and Envilontnetlt Mirrister;
(-ri v/ Chief Secletary to Governtlrent of Prrryiab; (.rr,/ Irinancial Cotnnrissioner, Revetrtte; t'-rvl) Finarrcial Contrnissioner, Developtnent; /.rlill Principal Secretary, Finance;
(xt,i ii) Finattcial Colrtntissioner, Fot'ests; (rrV Principal Secletary to Chief Minister; (x.rJ Principal Secretary, tlealth and Farnily Welf-are;
/.rrf Principal Secretary, Tottt'ism;
(xx ii) Principal Secretaly, Flotrsingand
Urban DeveloPrnent;
(xx i i i ) Financial Cornnr issione; Taxation; (xx iv) Principal Secretary, Labour;
(xxt,) Principal Secretary, Inlbrmation
Technolory;
(rxvi) PrinciPal SecretarY, Power;
(xxt,ii) Principal $gcretary, lndustriesand Comtnerce:
(xxviii) Principal Seoretaly, Local Government; Seniol Vice-
Chailntan
Vice-Chairrnan
Menrbel
Mentber
Menrber
Meurber
Mernber
Mernber
Mernber
Menrber
Memtrer
Member
Mernber
Member
Merlber
Mernber
Member
Member
Mernber
Member'
Member
Member
Member
Member
Member
Member
Member
5
ll0 PUNJAB GOVT. GAZ. (llXTRA), NOVIIMBER 9,2016 (KK|K 18, I938 SAKA)
(.r-r19 Principal Secretary, Science, Technology and Environment;
(rrx/ Principal Secretary, Investment Plomotion; (-r'-xxf Three technical expefts to be nominated by the Covefr.rnent;
(xxxii) Five replesentatives of ttade, irrdustry and courmerce to be nominated by the Governrnent; and
ftxxiii) Chief Executive Officer. Member- Secretary
(2) Subject to the overall control and superintendence of the Covernment, the Board of Governors shall provide overall policy guidance and direction to the Bureau and shall be the apex body for all matters relating to the Bureau. It shall be responsible l'or,-
(a) approving the regulations and procedures of the Bureau and allocating such fttnctions to the Executive Committee and the Chief Executive Officet which are not otherwise specified;
(b) creation, sanction, abolition and re-designation of posts required for efTective functioning of the Bureau;
(c) approval ofany borrowings or hypothecation ofany assets of the Bureau, if required;
(d) approval and sanction, on behalf of the Goverutnent, of any fiscal incentives or other benefits to an investment proposal or project, falling outside the policies of the Government of Punjab by way of anrendment of, addition to exception to such policy;
(e) applovalofthe annual budget, accout.tts and teports, including tlre audit repofts of the Bureau; and
(fl nrakirrg such rules and regulations under this Act, as it may consider necessaly and proper to transact its businessand that of the Bureau to achieve the assigned task, including matters concerning finance, accounts and personnel.
5. (l) There slrall be an Executive Cornnrittee which shall report to tlre Board of Governors.
(2) The constitution of the Executive Committee shall be as follows, Member
Member
Members
Mernbers
Dxecutivc
Comrnittee.
6
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 9,2016 lll (Kr{rK r8. re38 SAKA)
r)anrely:-
(i) Chief Secretary, Puniab;
(ii) Principal Secretary, Finance;
(iii) Principal Secretary to Clrief Minister; (it,) Principal Secretary, Industries and Conrnrerce:
(t,) Plincipal Secretary, Investment
. Promotion; and (t,i) Chief Executive OtIcer. Chairman
Member
Member
Member
Mernber
Member-
Secretary
(3) The Executive Committee nray invite the concerned Administrative Secretary or any othel otJjcel of a Departrnent as a special invitee to discuss and finalize any specific ploposal or issue of such Departrnent.
(J) The Executive Cornrnittee may co-opt any other membeq if so required, for proper and effective discharge. of its functions.
(5) The Executive Committee shall regularly guide, monitor, supervise and review the I'unctioning of the Bureau.
(6) The Executive Comnrittee slrall be responsible for recommending to the Board of Governors regarding investnrent proposals that seek fiscal or other incentives outside the policies oftlte Governntent, notified or fonnulated fl'orn tirne to tirne.
(7) The Executive Comrnittee shall carry out such other functions, as rnay be assigned to it by tlre Covernment or the Board of Governors.
(B) The Executive Comnrittee may ref'er any matter or issue to the Government or to the Board of Governors with its recomnrendations or suggestions, if considered necessary; and
(9) The Executive Comrnittee may delegate any of its powers to the Ch ief Executive Offi cer.
6. The Executive Committeemay constitute from time to time, such Speciat Special Committee(s), as may be considered necessary to assist it in carrying committee(s)' out its functions and facilitate investments in the State.
7 . Functions of the Chief Executive Officer shall be.-
(a) to receive, process and approve all investment proposals in officer the State:
Functions ofthe
Chief Executive
7
I'UNJAB GOVI. GAZ. (trxl'ttA), NOVEMBIjR 9.20t6 (Klil'l( |8, le38 SAKA)
(b) t. coordinate rvith the Gover*rle't to encourage new inveslttlelrt ancl its actualization in the State in respect of all sectors ol'trade, conllterce and iltdustry;
(t') lo grarrt requisite approvals if the proposal is coverecl under tlre ptrn jab Fiscal rrcrustriar r'cerrtives package, 20 r3 or any srrcrr sinrirar poricy, package or plogmrnrne of the Gove'rne't, subject to the f trlfllmertt of conditions specified fbr lecessary statutoty and other approvals;
(d1 to grallt appror)ars i' cases rvhere ail necessary statrtory and otherapprovals are Ieceived ordeerned to have been received;
(e) to issue Ce'tificate of Eligibirity rbr incentives as per policy; (./) to ref'er cases which are not firlly coverecl uncler the policy of Covernnrent to the Executive Comrnittee:
k) to assist various administrative/rine crepartments whose powers arc devolved tlpon him ttnder various Legislations /Acts/Rules/ Regulatiorrs in evorving a procedure fbr carrying out annual audit ofthe p'oposars approvecr by the Bureau during a financial yeaf;
(h) to resolve inter-departnrental rnatters and coordinate with the concer'ed clepaftl,ents, q'a any investnre't proposal, through various ol'r]cers or'line depiirtnrents wor.king in the Bureau;
(i) to guide a pro.ject proposer/applicant with regard to any investme'ts in the State in such a Inarlner, as he may consider ' appropriate to eDsufe that the investment is rnade at the earliest;
(j) to authenticate ail documents on behalf oi'trre Bureau;
(k) to make such procedures, as may be required forthe efficient functioning ofthe Bu'eau. The Board of Governors shail be notified of such procedrres as it deems fit fiorn time to time:
and
o to discrrarge such other functions, as may be assigned to him by the covernment or the Board ofGoverlor-s or the Executive Colnmittee from time to time.
8. (1) Subject to the overail contror and superintendence ofthe Government, the Bureau shall exercise powers of all the Departments of the covernment of Punjab as devorved upon it under their rcspective rures or ill
Porvels of the
Burearr.
8
f)UNJAB GOV'|. CAZ. (UXTRA), NOVEMBEI{ 9.20t6 (KKI'K t8, l918 SAKA)
regulations or Acts or nolitications, as the case nra;, be, to cany out tlre olrjectives ofthisAct, including but not limited tt'r the krllorvinq:-
il3
Serial Narne of the
Nt'1. Departinent
Regulatory
Authority
Porvers vcsted in
llte Burenu
I Science,
Punlab Pollution Teclrnology and Control Board Environrnent
(i/ Corrsent to establish and consent to operate under the Water (Prevention and Control of Pollution) A ct, | 97 4 and the Air'(Prevention and Control of Pollutiorr)Act, 198 l;
(ii) Anthorization under fhe Hazarclous Waste (Management alrd Transboundary Movement) Rules, 2016.
(lir,/ ttegistration fbr Recyling under ihe Ilazardous and Other Waste
. (Managernent and Transboundary Movement) Rilles,20l6.
(iry' Conrpetent Stare Authority Clearance/ Site appraisals / approvals (under lhe Factories Act, 1948).
Authorization under the E-waste (Management)
Rules, 20 16.
Registration under the Plastic Waste Management Rules, 20 I 6. Authorization for B io-Medical Waste Management Rules, 2016. VAT incentives.
Registration,
GST incentives,
Shop Registration.
Permission for engaging contractor for labour.
Annual t'eturns under Labour Laws.
- Factories License.
(v)
Excise and
Taxation
Labour
(vi)
(vii)
Excise and
Thxatiorr
Conrmissioner -
o) Director of - Factories
b) Labour Cornmissioner -
9
il4 PUNJAB COVT. CAZ. (EXTRA), NOVEMBER 9,20t6 (KRTK t8, t938 SAKA)
- Annual Filing under the Factories Act, 1948.
- Factory building Plan Approval. 4 lndustlies DirectololBoilers - Registration under the Boilers Act. 1923.
5 Housing and Departnrent of - Change of land use. Urban llousing and - Approvalof building plans. Developrnent Urban Development
6 Local Covernnrent Regional Deputy - Change of land use. Directorand - Approval of building plans and Commissioner, Conrpletion Certitlcate.
Urban Local Bodies - Waiver of property and other local taxes.
7 Foresrs and nrincipar.rie, - :ffi:il:""T*Jij"",, Wildlitb Conservator of - Wlrere approach/entry/exit Forests and Wildlife involves fbrest land. - Diversion of forest land
(less llran one hectare).
8 Power The Punjab State - Load sanction and issue ofnew Power e lectricity connection.
Corporation Lirnited - Agreement fbr High Tension/ and the Punjab Extra High Tension (above State Transmission 100 KV)wires.
Corporation Lirnited
9 Power Chief Electrical - Certification of electrical Inspector infrastructure.
- Electricity Duty exemption.
l0 Revenue Financial Stamp Duty exenrption. Conrmissioner,
Revenue, District
Collector, District
Revenue Officer
and Sub-Registrar.
(2) The Governlnent may by notification devolve upon the Bureau such other powers, as may be required from time to time.
(3) These powers shall be exercised by the Chief Executive Officer on behalf of the Bureau till the commencement of production/oper.ations of the
10
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 9,2016
(KRTI( r8, 1938 SAKA)
project. Thereafter, all clearances shall be accorded by the concerned Depaftrnent /Regulator'/Agency, as the case maybe.
(l) The Burcau shall be the nodal agency of the State to organize exh ibitions, conventions, coufelences and Investors' Surnnrits for the investrnent promotion (both within and outside the State) in various sectors. 9 . ( I ) The Head of the Department of Investtnent Promotion shalI be the Chief Executive Officer of the Bureau. Suclr att officer shall not be Lrelow the rank of an IAS Officer in the Supertime scale.
(2) The Bureau nray create such other posts and appoint such other officers and enrployees, as it rnay deem necessary fbr efficient discharge of its functions.
(3) As far as possible, tlre officers and ernployees of the Bureau, shall be drarvn on deputation/ secondment or recruited on contractual basis on such ternrs and conditions, as maybe approved by the Board of Govemors.
(1) The Chief Executive Officer shall.exercise the power of supervision and control over all the officers and employees of the Bureau. He shall sign all the contracts for engaging the ernployees on contract basis. He shall also be the competent authority to sign all docut'ttents, approvals and sanctions granted ol' issued by the Bureau.
10. (l) The Board of Covernors shall t'neet as o{ten as required to carry out its lirnctions..
(2) Likewise, the Executive Cornmittee of the Bureau sliall meet as often as rnay be required to carry out the task assigned to it.
11. (l) The Bureau shall be financedby ll5
Offlcers and
employees ol the
Brrreau.
Meetings.
the Government by way of Financingofthe IJureau. an annual Grant-in-Aid.
(2) The Bureau shall receive processed by it, as may be prescribed such fee or clrarges on tlre proposals by the Board of Governors.
(3) The Bureau may maintain a separate bank accottnt of its receipts and expenditure.
(1) The accounts oftlre Bureau shall be audited annually by the statutory and governrnent aud itors.
(5) The Bureau shafl finalize its quarterly and annual receiptsand experrditure accourtts within thirty days and sixty days, respectively from the close of the relevant quarter/year.
11
l6 r)r.JN.rAll cov'l" GAZ. (EXl'tl.A), NOVIiMIIER9. l0l6 (Kl{l'K 18, 1938 SAKA)
(6) 1'[e delegation ol'fltrrrrcial po\\,ers shall be sttclt. as tttay lre approved b1'the lixecutive Cottttttittee fl'tlltt tiltre to tittte'
12. lf an1'dilliculty arises irr propel discharge of firnctions, the Chief Executive Olllcer shall ntake a ret'ererrce to tlte Exectrtive Cottttttittee rvitlr suggcstions/ proposals to len)ove srrclr cliftlcuities artd the decision of the llxecutive Conluittee in this regard slrall lre bindirrg, strb.iecl to the ratif]cation by tlre Board of Covelltors.
I J. l'lre Governurent slra ll, ilso lequ iled, ltave tlte power to isstre policy clirections to tlre Bureau on llre nratters assigned to it ancl all strclt directions slrall be birrciing ott tlte Ilttl'eatt.
l{.The Board t'rf Govet'ttot's tnay delegate any ofits powers tcl the Executive' Cotutttittee ttr tlre Chief llxectttive Oftrcer, as the case tnay be. ' 15. ( t ) 'I'lte Cttvet'ntttettt tnay, by notificaticlll, lnake rtrles fbrcanying out tlre pufposes of tlris Act.
(2 ) llvery rttle macle ttnder this section slrall be laid, as soon as may be, aliel it is rnatlc, befbre the lkruse ol'the State I-egislature while it is itt session fbr a total period of ten days, which nray be cotnprised in otte session or in two or urole successive sessiotts and if, belbre the expiry of tlte session in which it is so laid ortlre successive sessiotts as afbresaid, the l-lorrse agrees in making atry nrodification in the rule or tlre Ilouse agrees that the rttles should not be lnade, the rules shall thelealler have ell'ect only in suclt rnoclified tbrrn or be of no efl-ect, as the case nray be, ltowever, any such modifrcation or annulnrent shal,l be without pre.iuclice to the validity of anyth ing previously done or omitted to be done uttder tltat lttle.
16 . On and rvith effect fi'orl the date of conrtnettcernent of thisAct, the Government may, by notificatiotl, Inergc alty cotnmittee or boatd, firnctioning on tlre Inatters relating to indttstries with the Btlreau. Upon such nrerger, the flnctions hitlrerto being pelfbrmed and tlte powers being exercised by srrch comrnittees or boalds, as the case uray be, shallvest in tlte Btlt'eau' 17 . No suit or' legal proceedings shall I ie against the Chairman or other members of the Boald of Governors or the Exectrtive Conrmittee or any officer or employee of the Bureau in respect ofanythirrg whiclr is in good faith done or irrtended to be done in pursuance of the provisions of this Act or ally rule made thereunder.
I 8. Al I actions taken under Notifrcationno. I I l7l I 3 AS| / 1998 dated 5 I 1212013 shall be deemed to have been taken under this Act. l)r)\\ cl' t() l'Cllro\ e
tliIlicuItir's.
l)oucr to issrrc
tlircct iorts.
l)ott ct ttt
(lclcgiltc,
l)()\vL'r'to nlakc
lrr l cs.
Ir4crgcl o['cxistirrg
bod ics.
l)r'otection ol'
iLction tiikcn in
good laith.
Saving.
12
\-/ l)l.JNJAll COV'I. CAZ. (liX1'RA), NovllMlltil{ 9.2016 ll7 (KRTK t8, 1938 SAKA)
19.( I ) The Punjatr lnclustrial Facilitation Act. 2005 (Puqjab Act No. Repbat antl 23 of 2005), is lrerebl' repealed. sirvrrrs'
(2) Notrvithstartdiug such repeal, anylhing dorte or arty action taken under the Actr ref'erred to in sutr-section ///, shall be deenred to have been clone or taken under tlre corresponcling provisions of this Act. VIVEK I'URI.
Secletary to Goverrrrnent of Puqjab,
Departnrerrt of Legal and Legislative Af'fairs.
I 133/ I l-2016/Pb. Got. Pre.rs, S.J..5'. Nrrgrr
13