(BHADRA
8, 1927 SAKA)
PART II
DEPARTMENT
OF ELGAL AND ELGISLATIVE AFFAIRS,
Notification
No.26-Leg./2005. – The following
Ordinance of the Governor of Punjab promulgated under clause (1) of Article 213
of the Constitution of India on the 29th August, 2005, is hereby
published for general information:-
THE
(
An
ORDINANCE
to provide for the measures for speedy
implementation of industrial projects and to ensure smooth functioning of the
existing industries in the State of Punjab by providing single point clearances
to the entrepreneurs with a view to provide facilitative environment and for
the matters connected therewith or incidental thereto.
Promulgated
by the Governor of Punjab in the Fifty-sixth Year of the
Whereas the Legislative Assembly of
the State of
Now, therefore, in exercise of the power conferred by Clause (1) of Article 213 of the Constitution of India, the Governor of Punjab is pleased to promulgate the following ordinance, namely:-
Short title and commencement
1. (1) This Ordinance may be called the Punjab Industrial Facilitation Ordinance, 2005.
Defini-tions
(2) It shall come into force at once.
2. In this Ordinance, unless the context otherwise requires:-
(a) “clearances” means no objection certificates, allotments, consents, approvals, permissions, registrations, enrolments and licences, granted or issued by the competent authority in connection with the setting up of an industrial undertaking in the State of Punjab;
(b) “competent authority” means any department or agency of the State Government or any other agency, Gram Panchayat, Municipality or other local body, which are entrusted with the powers and responsibilities to grant or issue clearances;
(c) “District Committee” means the District Single Window Clearance Committee constituted under section 3;
(d) “Empowered Committee” means the Committee constituted by the State Government under section 5;
(e) “industrial undertaking” means an undertaking engaged in manufacturing or processing or both or ‘providing service or doing other business or commercial activity; specified by the State Government;
(f) “Nodal Agency” means an agency, notified by the State Government at the District level or at the State level under sections 11 and 9 respectively;
(g) “notification” means a notification published in the Official Gazette of the State Government;
(h) “prescribed” means prescribed by rules made under this Ordinance;
(i) “section” means a section of this Ordinance;
(j) “State Board” means the State Board for Industrial Facilitation constituted by the State Government under section 7; and
(k) “State
Government” means the Government of the State of
Constitu-tion of District
Committ-ees
3. (1) There shall
be constituted a District Committee by the State Government, by notification
for each district in the State of
(2) The District Committee constituted under sub-section (1), shall consist of a Chairman and the senior-most officer in the district of the following departments, authorities and boards as members, namely:-
(a) Deputy Commissioner Chairman
(b) Department of Industries Member Secretary
(c)
(d)
(e) Department of Local Government Member
(f) Department of Public Works Member
(g)
(h) Department of Labour and Member
Employment
(i) Department of Housing and Member
Urban Development
(Town & Country Planning Wing)
(j) Department of Forests Member
(3) In addition to the members mentioned in sub-section (2), the Chairman may associate any other person as an expert on a particular subject under consideration of the District Committee, if he deems necessary.
Powers & functions of District
Committ-ees
4. Subject to the provisions of this Ordinance, the District Committee shall exercise the powers and perform the functions as mentioned below:-
(a) to receive applications for clearances for setting up industrial undertakings up to the investment limit as specified under section 19;
(b) to review and monitor the processing of applications received by the competent authority for clearances and forward the orders of the competent authority to the applicant;
(c) to inform the applicant of the date on which the application was forwarded by the District Committee to the competent authority and the date on which such application was received by the competent authority, and the date on which clearances on such application shall be deemed to have been granted in the case of deemed approval; and
(d) to forward cases to the Empowered Committee.
Constitu-tion of Empower-ed Committee
5. (1) There shall be constituted an Empowered Committee by the State Government, by notification, for the purposes of this Ordinance to be called the Empowered Committee on Industrial Facilitation.
(2) The Empowered Committee constituted under sub-section (1), shall consist of a Chairman and the following members, namely:-
(a) Chief Secretary to Government of
(b) Principal Secretary to Government of
Department of Industries & Commerce;
(c) Principal Secretary to Government of
Department of Finance;
(d) Principal Secretary to Government of
Department of Power;
(e) Principal Secretary to Government of
Department of Science, Technology and
Environment;
(f) Principal Secretary to Government of
Department of Labour and Employment;
(g) Principal Secretary to Government of
Department of Forests;
(h) Principal Secretary to Government of
Department of Public Works;
(i) Principal Secretary to Government of
Department of Excise and Taxation;
(j) Principal Secretary to Government of
Department of Local Government;
(k) Principal Secretary to Government of
Department of Housing and Urban
Development;
(l) Chairman, Member
(m) Chairman, Member
(n) Secretary-cum-Director Member
Industries & Commerce Secretary
3. In addition to the members mentioned in sub-section (2), the Chairman may associate any other person as an expert on a particular subject under consideration of the Empowered Committee, if he deems necessary.
Powers and functions of Empower-ed
Committee
6. (1) Subject to the provisions of this Ordinance, the Empowered Committee shall exercise the powers and perform the functions as mentioned below:-
(a) to receive applications for clearances for setting up industrial undertakings alongwith the proposed investment beyond the limit specified under section 19;
(b) to review and monitor the disposal of applications made to the District Committees and the competent authorities;
(c) to examine and review the order under section 17;
(d) to grant exemption or relaxation to any existing or proposed industrial undertaking or category of industrial undertakings or cluster of undertakings from the operation of any of the provisions of this Ordinance or rules made there under;
(e) to grant exemption or relaxation from the provisions of any other law made by the Punjab State Legislature relating to industrial development under which an authority subordinate to the State Government has been empowered under that law to grant such exemption or relaxation; and
(f) to resolve inter departmental matters pertaining to industrial undertakings.
(2) The decisions of the Empowered Committee shall be final and binding on the District Committees and the competent authorities and if there is any conflict between the decisions of the Empowered Committee, the District Committee, or the competent authority, the decision of the Empowered Committee shall prevail.
Constitu-tion of Board
7. (1) There shall be constituted a Board by the State Government, by notification for the purposes of this Ordinance to be called the State Board.
(2) The Board constituted under sub-section (1), shall consist of a Chairman and the following members, namely:-
(a) Chief Minister of
(b) Minister of Finance; Member
(c) Minister of Power; Member
(d) Minister of Labour and Employment; Member
(e) Minister of Science, Technology and Member
Environment;
(f) Minister of Forests; Member
(g) Minister of Public Works; Member
(h) Minister of Excise and Taxation; Member
(i) Minister of Local Government; Member
(j) Minister of Housing and Urban Member
Development;
(k) Minister of Industries; and Member
(l) Chief Secretary Member
(m) Principal Secretary to Government of Member
and Commerce
Powers and functions of the Board
8. (1) Subject to the provisions of this Ordinance, the Board shall exercise the powers and perform the functions as mentioned below:-
(a) to review and monitor the disposal of applications made to the District Committees, Empowered Committee and the Competent Authority for grant of clearances;
(b) to examine and review order under section 18;
(c) to grant exemption or relaxation to any existing or proposed industrial undertaking or category of industrial undertakings or cluster of undertakings from the operation of any of the provisions of this Ordinance or rules made there under; and
(d) to grant exemption or relaxation from the provisions of any other law made by the Punjab State Legislature relating to industrial development, wherein such powers of exemption or relaxation is vested with the State Government.
(2) The orders passed by the Board shall be final and binding on the Empowered Committee, District Committee and the competent authority, and if, there is any conflict between the decisions of the Board and the Empowered Committee, the decision of the Board shall prevail.
District Level Nodal Agency
9.
The State Government shall, by notification,
notify each District Industry Centre in the State of
Func-tions of District Level Nodal Agency
10. (1) The District Level Nodal Agency shall provide official support or any other relevant information to the District Committees and forward applications complete in all respects for clearances to the concerned competent authority within a period of three working days from the date of their receipt.
(2) On the receipt of application for clearances, the Nodal Agency shall issue an acknowledgement in token thereof to the applicant.
(3) The Nodal Agency shall pursue the applications sent to the concerned competent authority for clearances.
State Level Nodal Agency
11. (1) The State Government shall by notification, notify the Udyog Sahayak of the Directorate of Industries as a Nodal Agency, which shall be called as a State Level Nodal Agency.
(2) The State Level Nodal Agency shall be headed by the Director of Industries and Commerce who shall be assisted by an officer not below the rank of an Additional Director of Industries and Commerce and such other persons, as the Government may consider necessary.
Functions of the State Level Nodal
Agency
12. (1) The State Level Nodal Agency shall provide official support or any other relevant information to the Empowered Committee and the State Board.
(2) On the receipt of application for clearances, the State Level Nodal Agency shall issue an acknowledgement in token thereof to the applicant.
(3) The State Level Nodal Agency shall pursue the applications sent to the concerned competent authority for clearances.
Applica-tion form and fee for
clearances
13. The applications for clearances shall be submitted by the applicants in such form (technically called as combined application form) alongwith such fee, as may be prescribed.
Provided that where any form and fee has been prescribed for such clearances in any Central law, the applications shall be submitted in that very form alongwith that fee only.
Procedure for disposal
14. (1) The applications submitted for clearances shall be disposed of by following such procedure, as may be laid down in the rules.
(2) The applications referred to in sub-section (1), shall be disposed of within such period as may be specified by the Government keeping in view the nature of clearance.
(3) While granting clearances, the competent authority may ask for any additional information from the applicant.
Provided that such an additional information shall be sought by the competent authority within the period stipulated for such clearances.
Provided further that any additional information shall be called for only at one time.
(4) If no additional information is sought by the competent authority from the applicant, the Competent Authority shall pass orders on the application with regard to clearances before the expiry of the stipulated period.
(5) In case, an additional information is sought by the competent authority from the applicant , the application for clearances shall be disposed of within the stipulated period, which shall be counted from the date of receipt of the additional information.
Deemed approval.
15. The State Government may, by notification, notify the clearances in respect of which, failure by the competent authority to grant clearance or pass final order within the period, specified under sub-section(2) of section 14, shall be treated as a deemed approval.
Review of district level cases
16. Notwithstanding anything contained in any law passed by the Punjab State Legislature, for the time being in force, the District Committee may, either suo moto or on application made to it, examine any order passed by the competent authority, rejecting any clearance or approving the same, and pass a revised order, if the District Committee considers that there are valid reasons for doing so. It may also forward such an order to the Empowered Committee for taking necessary action, if it deems appropriate.
Review of order by the Empower-ed Committee
17. Notwithstanding anything contained in any law, passed by the Punjab State Legislature, for the time being in force, the Empowered Committee may either suo moto or on an application made to it, examine any order passed by the competent authority, rejecting any clearance or approving the same and pass a revised order, if the Empowered Committee considers that there are valid reasons for doing so;
Provided that where an order of clearances has been passed by the State Government as a competent authority, the same shall be referred to the State Board for appropriate decision.
Review of order by the State Board
18. Notwithstanding anything contained in any law, passed by the Punjab State Legislature, for the time being in force, the State Board may, either suo moto or on a reference made to it, examine any order passed by the Empowered Committee, rejecting any clearance or approving the same and pass a revised order, as it may deem fit and such orders shall be final.
Pecuniary jurisdic-tion of District
Commi-ttees.
19. The State Government may, by notification, specify the investment limit up to which, the applications for clearances shall be made to the District Committees. The applications for clearances beyond the specified investment limit, shall be made to the Empowered Committee.
Power to exempt.
20. The State Government may, by notification, exempt any of the provisions of this Ordinance relating to clearances, if it considers necessary to do in public interest.
Ordi-nance to over ride other laws.
21. The provisions of this Ordinance shall have overriding, effect notwithstanding anything inconsistent therewith contained in any other law passed by the Punjab State Legislature for the time being in force.
Power to remove difficult-ties
22. (1) If any difficulty arises in giving effect to any of the provisions of this Ordinance, the State Government may, by an order published in Official Gazette, make such provisions not inconsistent with the provisions of this Ordinance, as may appear to it to be necessary for removing the difficulty;
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Ordinance.
(2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the Punjab State Legislature.
Power to give direc-tions.
23. The State Government may from time to time, issue to the Empowered Committee or to the District Committees such general or special directions of policy, as it may deem necessary or expedient for the purpose of carrying out the provisions of this Ordinance and the Empowered Committee or the District Committees, as the case may be, shall be bound to follow and act upon such directions.
Merger of existing bodies.
24. On and with effect from the date of commencement of this Ordinance, the State Government may, by notification, merge any committee or board, functioning on the matters relating to industries with the District Committees, Empowered Committee or the State Board, as the case may be. Upon such merger, the functions hitherto being performed and powers being exercised by such committees or boards, shall vest in the District Committees or the Empowered Committee or the State Board, as the case may be, in which these are merged.
to an
entrepre-neur
25. Notwithstanding anything contained in this Ordinance, an entrepreneur, shall be at liberty to apply for clearances direct to the concerned competent authority instead of following the procedure, laid down under this Ordinance.
Power to make rules
26. (1) The State Government may, by notification, make rules for carrying out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) prescription of the form in which the applications for clearances shall be submitted under section 13;
(b) prescription of fee for the submission of form under section 13;
(c) laying down the procedure for disposal of the applications submitted for clearances under section 14; and
(d) any other matter which is to be or may be prescribed under this Ordinance.
(3) Every rule made under this Ordinance, shall be laid, as soon as may be, after it is made, before the House of the Punjab State Legislature, while it is in session, for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rule, or the House agrees, that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Dated
_________________________
H. S. BHALLA,
Secretary
to Government of
Department of Legal and Legislative Affairs