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Section 7: (1) The District Level Clearance Committee at district level shall consist of following members, namely

Haryana Enterprises Promotion Rules, 2016State Rules of Haryana · 2016

Serial Number Particulars Designation

1. Deputy Commissioner of the concerned district Chairman

2. Superintending Engineer, Uttar Haryana Bijli Vitran Nigam/ Dakshin Haryana Bijli Vitran Nigam Member

3. Deputy Excise and Taxation Commissioner Member

4. District Town Planner Member

5. Regional Officer of the Haryana State Pollution Control Board.

Member

6. Deputy/Assistant Labour Commissioner Member

7. District Revenue Officer (DRO) Member

8. Assistant Director, Industrial Safety O/o Labour Commissioner-cum-Chief Inspector of Factories Member

9. Drug Inspector Member

10. Estate Officers of HSIIDC and HUDA Member

11. Executive Officer, Municipal Committee/Joint Commissioner Municipal Corporation Member

12. District Food and Supply Controller Member

13. District Level Officer of Ayush Department Member

14. District Level Officer from the Department of Nonconventional Energy and Renewable Energy Member

15. District Forest Officer Member

16. Joint Director/ Deputy Director, District Industries Centre Member Secretary

(2) The District Level Clearance Committees shall meet at least once in a month at district headquarters or at such interval or at such other place as the Chairman may specify from time to time to transact its business. Quorum of minimum three members would be required to convene a meeting.

(3) The District Level Clearance Committees may co-opt any other Member if so required, for proper and effective discharge of its functions. The District Level Clearance Committees may invite the concerned officer of such Department or any other person as a special invitee to discuss and finalize any specific proposal or issue.

(4) The District Level Clearance Committees shall make and observe such procedure and regulations as it may consider necessary and proper to transact its business to achieve the assigned task including matters concerning finance, accounts and personnel. Such procedure and regulations shall be notified to the State Government for information.

(5) The District Level Clearance Committees shall work under the overall supervision and guidance of the Empowered Executive Committee. The authorities shall delegate their powers to the respective members of the District Level Clearance Committees for grant of clearances under their respective Acts, rules or regulations, if any, for approval of projects with investment upto ` 10 crore or for grant of Change of Land Use permission for an area upto 1 acre in the conforming zone. The secretarial support to District Level Clearance Committee shall be provided by the District Industries Centre.

(6) The District Level Clearance Committees may from time to time appoint, such Sub-Committee(s) as may be considered necessary, to assist it in carrying out its functions and facilitate investments in the State.

(7) All the projects having investment upto ` 10 crore and involving Change of Land Use cases of up to one acre land in conforming zone shall be considered by the District Level Clearance Committee for grant of clearances and incentives. Details of all the Online Composite Application Forms received from entrepreneurs at least fifteen days prior the ensuing meeting shall be placed before the District Level Clearance Committees.

HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 324

(8) The Member Secretary of the District Level Clearance Committee shall by issuing a meeting notice, convene a meeting of District Level Clearance Committee indicating the date, time and place of the meeting. He shall enclose agenda and notes highlighting therein details of the applications cleared, applications cleared with modifications, rejected, information regarding the date on which application has deemed to have been approved in the case of deemed clearances and other observations, if any, received from the authority for the transaction of business in the said meeting. He shall send a notice of meeting at least three days in advance.

(9) The Member Secretary of the District Level Clearance Committee shall also send communication intimating the date, time and place of the District Level Clearance Committee meeting to the entrepreneurs, whose cases are included in the agenda. All the members and invitees of the District Level Clearance Committee shall attend the meeting in person. In case the member is pre-occupied with other important engagement or business, he shall depute the seniormost officer to attend the meeting on his behalf with full briefing of the departmental views.

(10) The District Level Clearance Committee shall examine all the proposals placed before it and take appropriate decisions regarding grant of clearances/ deemed clearances.

(11) The Member Secretary of the District Level Clearance Committee shall within three days circulate the proceedings of the meeting after taking approval of the Chairman.

(12) Within three days of circulation of the proceedings of the meeting, the Member Secretary of the District Level Clearance Committee shall communicate the decision of the District Level Clearance Committee to the authorities and the entrepreneur concerned.

(13) The District Industries Centre shall issue the clearances within three days of the receipt of decision of the District Level Clearance Committee.

8. (1) Every applicant seeking to apply for clearance(s) relating to such authorities required for establishment of a new project or expansion of an existing enterprise shall apply to the Nodal Agency in the relevant part(s) of the Online Composite Application Form. Maximum time limit for grant of the clearance(s) relating to services of such authorities as specified in Annexure-1 shall be 30 days.

(2) The application shall be accompanied by requisite fee as prescribed in the various laws/ Acts / regulations, applicable.

(3) Before issuing acknowledgement, the authorized representative of the Nodal Agency shall allot an Identity Number on the Online Composite Application Form and ensure that;

(i) the application is complete in all respects;

(ii) all relevant and prescribed documents have been uploaded;

(iii) the prescribed fees receipts have been deposited;

(iv) undertaking as mentioned in Annexure-3 has been furnished by the applicant;

(v) the check list has been filed correctly and signed by the applicant.

(4) The authority shall process the application and send its orders sanctioning or rejecting the application, as the case may be, to the nodal agency so that the same can be given to the applicant. The authority may ask for additional information in one lot and not in piecemeal manner from the applicant within five working days only through the Nodal Agency. The responsibility of securing and obtaining additional information will rest with the Nodal Agency and in such cases the total time taken for deciding the application shall not exceed the time period prescribed for granting such clearances under the Right to Service Act, 2014 plus fifteen days at the most. In any case, the total additional time period (in addition to the time period prescribed under the Right to Service Act, 2014) shall not exceed 15 days, after which deemed clearance provision shall apply.

Online Composite Application Form.

(Section 9).

HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 325 Deemed clearances.

(Section 11).

9. The provision of deemed clearances under sub-section (1) of section 12 of the Act shall be applicable to the clearances as indicated in Annexure-1. In case the Concerned Authority fails to pass orders on the application within the time frame, the Empowered Executive Committee/ District Level Clearance Committees shall issue the letter of deemed clearance as indicated in Annexure-4.

10. The time limit for grant of clearance shall be applicable from the date of submission of the application for the grant of clearances.

Finances. 11. Financing of the Haryana Enterprise Promotion Board. –

(1) The Haryana Enterprise Promotion Board shall be funded by the State Government in the Department of Industries & Commerce, Haryana by way of Grant in Aid. Management of the funds received by the Haryana Enterprise Promotion Board shall be with the Haryana Enterprise Promotion Centre. The funds required for smooth functioning of the District Level Clearance Committees shall be provided by the Haryana Enterprise Promotion Centre.

(2) The Haryana Enterprise Promotion Centre may maintain a separate bank account of its receipts and expenditure which shall be audited annually by the statutory and Government auditors.

(3) The Haryana Enterprise Promotion Centre shall finalize its quarterly and annual receipts and expenditure accounts within thirty days from the close of the relevant quarter of the year.

(4) The delegation of financial powers shall be as under:

(a) Empowered Executive Committee level - full power;

(b) Chief Executive Officer level – Upto ` 1 crore;

(c) Additional Chief Executive Officer level – Upto ` 50 lakh;

(d) Deputy Chief Executive Officer level – Upto ` 30 lakh.

Appeals.

(Section 14).

12. (1) Every appeal shall be accompanied by a fee of rupees two thousand five hundred payable online. The appeal shall be presented either in person or by an agent duly authorized.

(2) The appellate authority shall, after giving a reasonable opportunity of being heard to the appellant, pass such order, as it deems fit. The orders of the appellate authority shall be final.

(3) Every order passed by the appellate authority shall be communicated to the appellant within a period of fifteen days from the date of the order.

HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 326 Annexure-1 List of services of 14 departments to be given in time bound manner.

[See rule 3 (6)] Stage I - Project Initiation Stage (14 Nos. of Services) Stage II - Before Construction Stage (15 nos. of Services) Stage III - Before Commencement of Commercial Production (15 nos. of Services) Sr.

No.

Name of Department Stage Services

1. Town and Country Planning Stage- I a. Change of land use in Industrial Zone;

b. NOC for establishment of unit under Urban Area Act;

c. NOC for unit falling outside controlled / urban area;

d. License for brick kilns, charcoal kilns, stone crushers.

Stage-II a. Building plan approval Stage-III a. Occupation/ completion certificate

2. Urban Local Bodies Stage-I a. Change of land use within Municipal Limit Stage-II a. Approval of building plan b. Issuance of temporary water connection c. Approval for scheme of fire NOC Stage-III a. NOC for fire service b. Issuance of Trade License under Section 330 for factory, workshop or trade remises. In which it is intended to employ steam, electricity, water or other mechanical power.

c. Issuance of permanent water/sewerage connection.

d. Occupation/completion certificate

3. Environment Department Stage-I a. Environmental clearance (EC) under Aravali Notification 1992 & 1999 b. Environment clearance from State/Central Environment Impact Assessment Authority

4. Haryana State Pollution Control Board Stage-I a. Consent for establishment under Water Act,1974 and the Air Act, 1981 b. Registration/Authorization under e-waste (Management & Handling) Rules, 2011 c. Registration for Recycle/reprocessing under Hazardous waste (Management Handling and Trans Boundary and Movement) Rules, 2008 d. Registration under Plastic Manufacture, Sale and Usage Rules, 1999 Stage-III a. Consent to operate under Water Act,1974 and the Air Act, 1981 b. Authorization under Bio Medical Waste (Management & Handling) Rules, 1998

5. Forest Department Stage-I a. Forest clearance for approach public entry/exit and diversion of forest land

6. Uttar Haryana Bijli Vitran Nigam/ Dakshin Haryana Bijli Vitran Nigam (Power Department) Stage-I a. Load sanctioning and agreement for temporary connection.

Stage-II a. Load sanctioning and Release of permanent electric connection HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 327 Sr.

No.

Name of Department Stage Services

7. Labour Department Stage-II a. Approval of factory plan under the Factories Act, 1948 – Safety Wing b. Registration of Principal Employers establishment and License for contractor under provision of Contract Labour Act, 1970 – Labour Wing Stage-III a. Factory registration/license under Factories Act, 1948 – Safety Wing b. Shop registration under Shops and Establishment Act – Labour Wing

8. Excise and Taxation Stage-I a. VAT Registration b. CST Registration

9. Department of Health Services Stage-II a. Drug License for Allopathic Medicine

10. Ayush Department Stage-II a. Drug License for Ayurvedic Medicine

11. Haryana State Industrial and Infrastructure Development Corporation Stage-I a. Allotment of plots Stage-II a. Building plan approval b. Issue of plinth level certificate c. Permission for mortgage of plot d. Temporary water connection Stage-III a. Issue of completion/occupation certificate b. Release of permanent water connection & Sewerage connection

12. Non-Conventional Energy/ Renewal Department Stage-II a. Registration & approval for setting up of Biomass based power projects in the State b. Registration & approval for setting up of Solar power projects in the State.

13. Industries and Commerce Department Stage-II a. Registration under Boiler Act

14. Power Department Stage-III a. Certification of Electrical installation by Chief Electrical Inspector.

HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 328 Annexure -2 Details of the officers/officials to be deputed on deputation /contractual basis in the Haryana Enterprise Promotion Centre [See rule 5(1)(d)] Sr. No. Name of Position/Post Nature of Employment Department Number of Posts

1. Chief Executive Officer, Chandigarh (Principal Secretary Industries, Department of Industries & Commerce) Regular Industries and Commerce Department 01

2. Additional Chief Executive Officer (MD,HSIIDC) Regular -do- 01

3. Deputy Chief Executive Officer (Director General or Director of Industries, Department of Industries & Commerce) Regular Industries and Commerce Department 01 Senior Officers

1. Chief Town Planner Deputation Department of Town & Country Planning 01

2. Additional Labour Commissioner Deputation Labour 01

3. Chief Town Planner Deputation Urban Local Bodies 01

4. Additional Excise & Taxation Commissioner Deputation Excise & Taxation 01

5. Additional Director Deputation Factories (Labour) 01

6. General Manager Deputation Haryana State Industrial and Infrastructure Development Corporation 01

7. Environmental Engineer Deputation Haryana State Pollution Control Board 01

8. Chief Conservator Deputation Forest 01

9. General Manager Deputation Uttar Haryana Bijli Vitran Nigam/ Dakshin Haryana Bijli Vitran Nigam 01

10. Joint Controller Deputation Finance Department 01

11. District Revenue Officer Deputation Revenue Department 01

12. Additional Director/ Joint Director Regular Industries and Commerce Department 01 Junior Officers/ Officials

13. Deputy Director (Labour) Deputation Labour Department 01

14. Assistant Town Planner Deputation Urban Local Bodies 01

15. DETC/ETO (Hq.) Deputation Excise & Taxation 01

16. Deputy Director (S&F) Deputation Labour Department (Factories Wing) 01

17. Deputy General Manager Deputation Haryana State Industrial and Infrastructure Development Corporation 02 HARYANA GOVT. GAZ., JULY 19, 2016 (ASAR. 28, 1938 SAKA) 329 Sr. No. Name of Position/Post Nature of Employment Department Number of Posts

18. Assistant Environmental Engineer Deputation Haryana State Pollution Control Board 01

19. Deputy General Manager Deputation Uttar Haryana Bijli Vitran Nigam/ Dakshin Haryana Bijli Vitran Nigam 01

20. Deputy Director/ Assistant Director Regular Industries Department 02

21. District Town Planner/ Assistant Town Planner Deputation Town and Country Planning 01

22. Assistant Town Planner Deputation Urban Local Bodies 01

23. Divisional Forest Officer Deputation Forest 01

24. Under Secretary Deputation Finance Department 01

25. Revenue Officer Deputation Revenue Department 01

26. Private Secretary (PS) Deputation From Secretarial Staff 02

Where this provision sits

ActHaryana Enterprises Promotion Rules, 2016
Section7
Marginal note(1) The District Level Clearance Committee at district level shall consist of following members, namely
JurisdictionState of Haryana
StatusIn force as published by the source

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