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Section 8

The Punjab Bureau of Investment Promotion Act, 2016State Act of Punjab · Act 32 of 2016

(1) Subject to the overall control and superintendence of the Government, the Bureau shall exercise powers of all the Departments of the Government of Punjab as devolved upon it under their respective rules or regulations or Acts or notifications, as the case may be, to carry out the objectives of this Act, including but not limited to the following: - Serial No.

Name of the Regulatory Authority Department Powers vested in the Bureau 1 Science, Technology and Environment Punjab Pollution Control Board

(i) Consent to establish and consent to operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

(ii) Authorization under the Hazardous Waste (Management and Transboundary Movement) Rules,

2016.

(iii) Registration for Recycling under the Hazardous and Other Powers of the Bureau.

Waste (Management and Transboundary Movement) Rules, 2016.

(iv) Competent State Authority Clearance/ Site appraisals / approvals (under the Factories Act, 1948).

(v) Authorization under the E-waste (Management) Rules,

2016.

(vi) Registration under the Plastic Waste Management Rules,

2016.

(vii)Authorization for Bio- Medical Waste Management Rules,

2016.

2 Excise and Taxation Excise and Taxation Commissioner - VAT incentives.

- Registration.

- GST incentives.

3 Labour a) Director of Factories b) Labour Commissioner - Shop Registration.

- Permission for engaging contractor for labour.

- Annual returns under Labour Laws.

- Factories License.

- Annual Filing under the Factories Act, 1948.

- Factory building Plan Approval.

4 Industries Director of Boilers - Registration under the Boilers Act, 1923.

5 Housing and Urban Development Department of Housing and Urban Development - Change of land use.

- Approval of building plans.

6 Local Government Regional Deputy Director and Commissioner, Urban Local Bodies - Change of land use.

- Approval of building plans and Completion Certificate.

- Waiver of property and other local taxes.

- NOC of Fire Services.

7 Forests and Wildlife Principal Chief Conservator of Forests and Wildlife - Grant of NOCs/approvals.

- Where approach/entry/exit involves forest land.

- Diversion of forest land (less than one hectare).

8 Power The Punjab State Power Corporation Limited and the Punjab State Transmission Corporation Limited - Load sanction and issue of new electricity connection.

- Agreement for High Tension/Extra High Tension (above 100 KV) wires.

9 Power Chief Electrical Inspector - Certification of electrical infrastructure.

- Electricity Duty exemption.

10 Revenue Financial Commissioner, Revenue, District Collector, District Revenue Officer and Sub-Registrar.

-Stamp Duty exemption.

(2) The Government 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/operations of the project. Thereafter, all clearances shall be accorded by the concerned Department /Regulator/Agency, as the case may be.

(4) The Bureau shall be the nodal agency of the State to organize exhibitions, conventions, conferences and Investors' Summits for the investment promotion (both within and outside the State) in various sectors.

1[8-A. The Government shall set-up a dedicated online portal which shall serve as a single window for all clearances, and it shall be incumbent upon all Departments of the Government to use this online portal for the purpose of deploying all clearances that are required for the purpose of establishing and carrying on business in the State of Punjab, as notified by the Government from time to time.

8-B. (1) Upon failure of the competent authority to issue clearance to any application filed on the online portal, within the stipulated time, the application shall be deemed to have been issued such clearance:

Provided that the application is complete in all respects, including the submission of requisite fees and an undertaking by the applicant to comply with all provisions of the relevant Act or any rules, policy, guidelines framed thereunder, and face penal action in case of non-compliance thereof.

(2) Notwithstanding anything contained in sub-section (1), the competent authority may, within the first seven days of the submission of the completed application, ask for additional information from the applicant:

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

(3) In case the additional information furnished by the applicant to the competent authority is found to be insufficient or unsatisfactory upon scrutiny, the competent authority shall be at liberty to reject the application within the stipulated time by issuing an order in writing, giving reasons for rejecting the application:

Provided that in case no order is issued within the stipulated time by the competent authority, the application shall be deemed to have been issued clearance.

(4) The deemed clearance shall, for all intents and purposes, carry the weight of a clearance granted by the competent authority under the relevant Act or any rules, policy, guidelines framed thereunder.

1 Inserted by Punjab Act No.15 of 2021, Section 3 Online Portal.

Deemed Clearance.

8-C. (1) The Administrative Secretary concerned, may, through an order issued in writing, delineating the reasons thereof, revoke the deemed clearance granted under section 8-B, within a period of six months from the grant of deemed clearance, if any submission made by the applicant in the Common Application Form or any supporting document is found to be false or fraudulent, or the applicant’s business being run or established on the basis of deemed clearance issued by the Government is found to be in violation of any provision of the relevant Act or any rules, policy, guidelines framed thereunder, and such a fact is brought to the notice of the Department or agency concerned.

(2) In case of violation, action shall be initiated against the applicant by the competent authority under the relevant law:

Provided that any such action shall be initiated after an opportunity of being heard has been given to the applicant, and the orders are issued in writing by the concerned Administrative Secretary.

8-D. Any appeal regarding any grievance(s) of an applicant, in respect of the issuance or rejection or revocation of deemed clearance, shall lie with the Government of the concerned department, and all appeals shall be disposed of by passing a speaking order within thirty days from the date of filing of the appeal.

8-E. Notwithstanding anything inconsistent contained in any other law of the State Legislature for the time being in force, covering the grant of clearance under section 8-B, or any rules, policy, guidelines framed thereunder, the provisions of this Act shall have an overriding effect.

8-F. All clearances granted under the relevant Act or any rules, policy, guidelines framed thereunder, shall automatically be renewed on submission of an undertaking by the applicant that there is no change in the parameters against which renewal is sought and on submission of requisite fee:

Provided that such renewals shall be online, automatic and non-discretionary.

8-G. The provisions contained in section 8-B shall not debar the competent authority from carrying out inspections to ensure compliance of Revocation of deemed clearance.

Appeal mechanism.

Overriding effect on other laws.

Auto renewal of clearances.

Inspections.

conditions of the relevant Act or any rules, policy, guidelines framed thereunder.]

Where this provision sits

ActThe Punjab Bureau of Investment Promotion Act, 2016
Section8
JurisdictionState of Punjab
StatusIn force as published by the source

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