INDUSTRIES (GR-I) DEPARTMENT NOTIFICATION The Rajasthan Enterprises Single Window Enabling and Clearance Rules, 2011 (Along with Insertions / Deletions incorporated in, Amendment Rules 2014 and Amendment Rules 2016) May 24, 2016 In exercise of the powers conferred by section 21 of the Rajasthan Enterprises Single Window Enabling and Clearance Ordinance, 2010 (Ordinance No.04 of 2010), the State Government hereby makes the following rules, namely:
(1) Short title and commencement: (1) These rules may be called The Rajasthan Enterprises Single Window Enabling and Clearance Rules, 2011 (and Amendment Rules 2014 and Amendment Rules 2016).
(2) They shall come into force on and from the date of their publication in the Official Gazette (May 24, 2016).
(2) Definitions - (1) In these rules unless the context otherwise requires:
(a) "Acknowledgement" means the acknowledgement issued for receipt of application under these rules;
(aa) ”Act" means the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No.07 of 2011);
(b) "Application Form" means the form either in physical or electronic format as prescribed under any Rajasthan Law/Order/Guide lines or as notified by the State Government;
(c) "Authorized Officer" means General Manager, District Industries Centre or an officer authorized by him not below the rank of District Industries Officer, in case of Nodal Agency for the District Empowered Committee and an officer authorized by Commissioner, Investment and NRI (Bureau of Investment Promotion) in case of Nodal Agency for the State Empowered Committee;
(d) "District Empowered Committee" means the committee constituted under subsection (3) of section 3 of the Ordinance;
(e) "Fee" means the fee prescribed under any Rajasthan Laws/Orders/Guidelines or as notified by the State Government, for submitting application for permissions/ no objection certificate/ clearance/ allotment/ consent/ approval/ registration/ License and the like;
(f) "Form" means Form appended to these rules;
(g) "Nodal Agency" means the agencies notified under sub-section (1) or (2) of section 5, as the case may be, of the Ordinance;
(h) "Official" means any employee of the department or agency of the Government, Local Authority, Statutory Body, State owned Corporation, Gram Panchayat, Municipality, or any other authority or Agency constituted or established under any Rajasthan law or under administrative control of the Government;
(hh) "Portal" means website that serves as gateway for electronic operation and processing of applications specified in these rules;
(i) "Register of Applications" means register of applications received by the authorized officer either in physical form or electronic form;
(j) "Schedule" means Schedule appended to these rules;
(k) "Section" means a section of the Ordinance;
(|) "State Empowered Committee" means the committee constituted under sub section
(1) of section 3 of the Ordinance; and
(m) "Time Limit" means the number of working days specified in Schedule-I or Schedule-II, as the case may be.
(2) Word or expression used in these rules but not defined in these rules have the same meaning as assigned to them in the Ordinance.
(3) Application:-
(1) Every application for seeking Permissions specified in Schedule-I shall be filed electronically on the Portal. The Application Form shall be duly filled and accompanied with required documents. However, in case of failure of electronic system due to unforeseen circumstances, the applicant may submit application in physical format to the Nodal Agency."
(2) Applicant shall furnish the self certification in Form-I at the time of registering on the Portal and it shall be deemed to have been furnished with every application for the Permissions within the meaning of sub-section (3) of section 8 of the Act."
(4) Processing and monitoring of applications at the level Nodal Agency-
(1) An automated acknowledgement shall be generated on the Portal for every application submitted electronically and the application shall be auto forwarded to the Competent Authority concerned under intimation to the Nodal Agency.
(2) All the applications auto forwarded on the Portal to the Competent Authority shall be deemed to have been forwarded by the Nodal Agency within the meaning of clause
(i) of section 6 of the Act.
(3) In case the application is submitted to Nodal Agency in physical format as specified in sub-rule (1) of rule 3, the Nodal Agency shall issue the acknowledgement and forward the application to the Competent Authority concerned, within the time specified in Schedule-2 of these rules.
(4) The Nodal Agency shall maintain a Register of Applications in electronic or physical form and the particulars of all the applications shall be entered in the Register of Applications.
(5) The Nodal Agency shall monitor the disposal of applications within the time limit specified in these rules and keep a record of the communication between applicant and the Competent Authority.
(6) The Application on which the Competent Authority has taken a decision within the prescribed time limit, the decision so taken shall be entered into the Register of Applications and the status of the applications shall be submitted by the Nodal Agency to the State Empowered Committee or the District Empowered Committee, as the case may be in the next meeting of the concerned Empowered Committee.
(7) The Application on which the Competent Authority has failed to take a decision within the prescribed time limit, the Nodal Agency shall place the application before the State Empowered Committee or the District Empowered Committee, as the case may be, for consideration in the next scheduled meeting of the concerned Empowered Committee within the prescribed time limit. In case the concerned Empowered Committee is unable to meet or otherwise unable to consider application, placed before it by the Nodal Agency, immediately, the Nodal Agency shall submit the application to the Chairperson of the concerned Committee. The Chairperson of the Committee, after recording the reasons in writing, may decide the application and such decision shall be placed before the concerned Committee in its next meeting. The decision taken by the Chairperson on the application shall be final subject to the decision of the Committee.
(8) The Nodal Agency of State Empowered Committee shall receive Application for relaxations, exemptions and concessions for grant of customized package and seek comments of the concerned Departments or Authorities. The Nodal Agency shall submit the application for the customized package before the State Empowered Committee after the expiry of the period as specified in these rules for the comments from the concerned departments or authorities along with the comments received and even when the comments are not received.
(5) Processing and monitoring of applications at the level of Competent Authority:-
(1) The Competent Authority, after receipt of the application for Permission, shall consider and take decision on the application within the time limit specified in these rules. If the application is incomplete and/or any additional information is prescribed in rules for taking a decision on the Permission, the Competent Authority may obtain such additional information from the applicant. The time taken by the applicant in submitting required information to complete the application or additional information shall not be counted in counting the time limit. In case the applicant fails to submit the required information to complete the application within thirty days, the registration for application shall be dropped from the Portal.
(2) The decision on the application within the specified time limit by the Competent Authority shall be communicated to the applicant and the Nodal Agency.
(3) In cases of applications in which the Competent Authority has failed to take a decision within the specified time limit, the record of processing of the application shall be forwarded to the concerned Nodal Agency."
(6) Time Limits for processing and disposal of applications:-
(1) The time limits for processing and disposal of applications shall be as specified in Part A and Part B of Schedule-I or Schedule-II, as the case may be. The time limits for the State Empowered Committee/District Empowered Committee for processing the application for Permissions, in case the Competent Authority has failed to take a decision in the specified time limit, shall be thirty working days counted from the last date of the time limit prescribed in Part A and Part B of Schedule I, for the Competent Authority to take the decision:
Provided that any decision by the State Empowered Committee/District Empowered Committee or Chairperson of State Empowered Committee/District Empowered Committee, in exercise of power conferred to it in sub-section (4) of section 3 of the Act and sub-rule (7) of rule 4 of these rules, shall be communicated to concerned Competent Authority within seven days and it shall be binding on the Competent Authority and the Competent Authority shall issue all the necessary orders for Permission within three days.
(2) The State Government may be notification in the Official Gazette, add to or omit from, or otherwise amend or modify the Schedules appended to these rules and thereupon the Schedule shall be deemed to have been amended accordingly.
(6A) Monitoring of applications for Permissions specified in Part C of Schedule-l.-
(1) The Permissions specified in Part C of Schedule-I shall be provided through Portal of Single Window System to ensure online filing, payments, tracking of status, approvals and issuance of certificates. The time limits for disposal of such applications shall be as prescribed in Part C of Schedule-I.
(2) The Applications on which the Competent Authority has failed to take a decision within the prescribed time limit, the applicant shall appeal to appropriate authority, specified in relevant law:
Provided that the Rajasthan State Pollution Control Board shall explicitly publish the provisions of deemed consent under the applicable Acts and procedure of appeal against the decision of Competent Authority on its Web Portal.
(3) Notwithstanding anything contained in the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No.7 of 2011), the State Empowered Committee or the District Empowered Committee shall not take any decision in the cases where the Competent Authority of Rajasthan State Pollution Control Board has failed to take a decision within the specified time limit, but the State Empowered Committee shall be empowered to monitor the applications submitted on Portal for the Permissions specified in Part C of Schedule-I and redress the grievances of applicant.
(7) Monitoring:— Status report of processing of the application for permissions and/ or customized packages, concessions, exemptions or relaxations, shall be placed before the District Empowered Committee and the State Empowered Committee, as the case may be by the respective Nodal Agency.
(8) Jurisdiction of the State Empowered Committee and the District Empowered Committee-
(1) The District Empowered Committee shall be competent to consider and dispose of the application for permissions for investment proposals from Rs. 1 crore to Rs. 10.00 crores.
(2) The State Empowered Committee shall be competent to consider and dispose of the application for permission for investment proposals above Rs.10.00 crores.
(3) All applications for customized packages, concessions, exemptions or relaxations shall be considered by the State Empowered Committee and this committee shall submit its recommendations to the Council of Ministers.
(9) Grievance Redressal Mechanism.-
(1) An Grievance Redressal Cell shall be constituted in Industries department consisting of the following, namely:-
(1) Commissioner, Industries, Rajasthan Chairperson
(2) Two officers of the Industries department, Member not below the rank of Deputy Director, Industries department, nominated by the Secretary incharge of the Industries department, Government of Rajasthan.
(2) Any aggrieved person or applicant shall register his grievance on the Portal in Form-
2. All grievances registered on portal shall be received and processed by the Grievance Redressal Cell and take appropriate measures for addressing the grievances within forty five days of registration of grievance:
Provided that in all such cases where Competent Authority has failed to decide the application for Permission within time limit specified in these rules, shall be processed by the Nodal Agency for decision as specified in sub-rule (7) of rule 4 and shall be communicated to the aggrieved applicant.
(3) All grievances received shall be presented in the next meeting of State Empowered Committee by the Grievance Redressal Cell and the decision of State Empowered Committee shall be final and shall be binding on all concerned. However if the grievance refers to any order of State Empowered Committee, it shall be submitted to the State Government and the decision of State Government shall be final and shall be binding on all concerned.
(4) In cases where State Empowered Committee finds that any Official has failed to comply with the provisions of the Act and these rules, the State Empowered Committee may recommend the Disciplinary Authority concerned to initiate appropriate action or disciplinary proceedings against the official for imposing penalties specified in rule 14 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958:
Provided that official who fails to comply with the provisions of the Act and these rules belongs to of any agency of the Government, Local Authority, Statutory Body, Gram Panchayat, Municipality, State owned Corporation, or any other authority or Agency constituted or established under any Rajasthan law or under administrative control of the Government, the State Empowered Committee may recommend, the appropriate Disciplinary Authority to initiate appropriate action or disciplinary proceedings against the official for imposing penalties mentioned in applicable service rules.
(5) Notwithstanding anything contained, the State Government shall be competent to initiate appropriate action or disciplinary proceedings against any official who fails to comply with the provisions of Act and these rules.
(10) Removal of doubt:— If any difficulty arises in the application or interpretation of these rules, it shall be decided by the State Government in the Industries Department whose decision thereon shall be final.
Schedule-l (See rule 3 (1) 6 and 6(A)) Part - A Time Limit for Various Permissions/Clearances No.
DEPARTMENTS /ORGANIZATION PERMISSIONS/ CLEARANCES TIME LIMIT (WITHIN WORKING DAYS) Factories and Boilers Inspectorate a) Factory building plan approval’ (under the Factories Act, 1948) i) Factories as defined under section 2m(ii) and involving non hazardous process as defined under rule 2(m) 10 days ii) Other factories 30 days b) Factories license i) Factories as defined under section 2m(ii) and involving non hazardous process as defined under rule 2(m) 7 days Factories involving non hazardous process as defined under rule 2(m) 15 days Factories involving hazardous process as defined under section 2(cb) 21 days Factories involving dangerous operations as defined under section 87 21 days V) MAH factories as defined under Rajasthan Control of Major Accident Hazard Rules, 1991 60 days C) Renewal under 'Factories license i) Factories as defined under section 2m(ii) and involving non hazardous process as defined under rule 2(m) 7 days Factories involving non hazardous process as defined under rule 2(m) 15 days iii) Factories involving hazardous process as defined under section 2(cb) 21 days iv) Factories involving dangerous operations as defined under section 87 21 days v) MAH factories as defined under Rajasthan Control of Major Accident Hazard Rules, 1991 60 days d) Registration under Boiler Act After the receipt of complete application i) Provisional order Exempted (under the Boilers Act, 1923) ii) Final order 30 days (under the Boilers Act, 1923) e) Renewal under ‘Registration under Boiler Act’ i) In cases in which the Competent 48 hours Person is empowered to issue a certificate under section 8 without further reference.
ii) In any other case 15 days f) Steam Pipeline Drawing approval 15 days (under the Boilers Act, 1923) Labour Department a) Permission for engaging contractor for labour Under Contract Labour (Regulation and Abolition) Act, 1970 i) Registration of Principal Employers 30 days Establishments ii) Issuance of Licence to Contractor for 15 days employment of contract labours b) Registration of Establishments under 15 days Building and other Construction Workers (Regulation of. Employment and conditions of Services) Act, 1996 c) ‘Registration under Shops and 30 days Establishments Act’ d) Renewal under ‘Shops and 15 days Establishments Act’ Revenue Department a) Land conversion—Conversion of land use Sending applications under Rajasthan Land Revenue (Conversion of Agricultural Land for Non- Agricultural Purposes in Rural Areas) Rules, 2007 directly to the concerned District Collectors under intimation to Revenue Department, Jaipur, to save time. Revenue Department would issue on line receipt and update online status of the application.
All communication would be addressed to PS, Revenue for early action.
up to 10 hectares 60 days from submission of completed application to District Collector ii) above 10 hectares 90 days from submission of completed application to State Government Energy Department (All Vidhyut Vitran Nigam Ltd.)
a) Release Connection (where no extension in Distribution Mains is required) Electricity connection 1) Release of Connection
Explanation:
i) If LT supply of electricity can be provided to a premises by existing service line or by laying service line up to 50 meters, from an existing overhead line or underground cable where a cable box, junction box pillar box etc. has been provided, shaH be deemed to require no extension.
the distribution mains ii) In case of HT supply of electricity the distribution system shall be deemed to require to a premises, augmentation and procedure laid down in Clauses b) & c) hereunder shall be followed.
Within one month of the receipt of completed application b) Supply where distribution mains require extension 1) Notice to the applicant to deposit additional expenses Within one month of the receipt of application (for a period ofone month) 2) Where extension of distribution mains is required but no additional sum is required to be deposited The Nigam shall complete the extension work within 15 days 3) the mains shall of distribution The Nigam complete extension within the time specified below for different voltage levels after deposit of additional sum by the applicant i) L.T. line 15 days ii) 11 KV line-first 5 Kmp 30 days Next 5 Km each 15 days iii) 33 KV line-first 5 Km 60 days Next 5 Km each 30 days iv) 132 KV line-first 5 Km 180 days Next 5 Km each 45 days Note: After extension work connection will be released within 15 days after inspection of the installation.
C) Supply where new sub-station or augmentation of transformer substation is required 1) Supply where new substation is to The Nigam will intimate be commissioned within two month of receipt of application, the date of commencement of work, to the consumer and complete the work within time limit specified below i) 11/O.4 KV sub-station 30 days ii) 33/11 KV sub-station 120 days iii) Extension of bay at 33/11 KV sub- 30 days station iv) 132/33/11 KV sub-station 12 month v) Extension of bay at 132 KV sub- 45 days station 2) Supply where augmentation of transformer sub-station capacity is required i) 11/O.4 KV sub-station 15 days ii) 33/11 KV sub-station 60 days iii) 132/33/11 KV sub-station 6 months After commencement of work of sub-station i) Intimation to the consumer if any additional sum is to be deposited by the applicant.
Intimation— Time of deposition— Release of connection— Within 15 after commencement of work.
days 1 month or such extended period as the Nigam may allow.
Within 15 of commissioning days of substation.
0') Supply in localities where no provision for supply exists Once electrification of such locality is completed supply shall be provided to the applicant in accordance with the provisions of subclauses a) to c) above as may be applicable to him.
e) electric line/plant is by Supply where provided applicant The Nigam shall provide supply of electricity within 15 days of intimation given by the applicant regarding completion of work.
RIICO Allotment of plots in Industrial Areas Form A—3O days Form A(Preferential) —90 days b) Approval of building plans 15 Days (After complete receiving modification/ correction in submitted drawing) Water Connection 20 days (After receiving of complete information) UDH (JDA/UlTs) Department a) 90A of Agriculture Land/ Conversion of land under Rules 2012 Rajasthan Land Revenue 60 days b) Change of Land use/Conversion of land use from residential to commercial Matters to be decided at Local level committees- 60 days
(i) Matters to be decided at State level committees-120 days
(ii) c) Issuance of Lease Deed for institutional (i) To be issued at local plots level-30 days
(ii) When approval of State Govt. is required- 60 days d) Allotment of institutional land except the 90 days allotment of land through lottery/auction and of the developed land given as compensation for Government/ Semi-Government departments/ institutions and acquired land—under instruction of Urban Development and Local Self Department dated 4.1.2010 e) Building map approval of all kinds of 60 days institutional buildings
7. Local Self Government a) NOC from Fire Department 30 Days (LSG) b) 90A of Agriculture Land/ Conversion of 60 Days land under Rajasthan Land Revenue Rules 2012 c) Change of Land use/Conversion of land (i) Matters to be decided use from residential to commercial at Local level committees- 60 days
(ii) Matters to be decided at State level committees - 120 days d) Building map approval of all kinds of 60 days institutional buildings
8. Public Health a) Water Connection 07 days as per availability of Engineering water and after deposition Department (PHED) ofall fees
9. Tourism Department a) Project Approval 45 days from the date of submission of complete application 10 Industries Department a) Incentives under Industrial Policy/ As perSchedu/el(b) Investment Promotion Scheme Part - B Time Limit for Incentives under RIPS-2014 Rules S. Department Application for Benefits under Time Limit for disposal of No. Rajasthan Investment Promotion application Scheme -2014 (Decision on eligibility under RIPS-2014)
1. Industries Department a) Exemption from stamp dUtY and 07 days from date of conversion charge submission of complete application b) Exemption from land tax 45 days from date of submission of complete application c) Investment subsidy and 45 days from date of Employmentsubsidy submission of complete application d) Exemption from 45 days from date of
(1) Electricity dUtY submission of complete
(ii) Entertainment tax application
(iii) Luxury tax
(iv) Mandi fee (V) Entry tax e) Interest subsidy 45 days from date of submission of complete application f) Reimbursement ofVAT 45 days from date of submission of complete application g) Capital subsidy on ZLD treatment 45 days from date 0f plant submission of complete application Part-C Time Limit for Various Permissions/Clearances S. ORGANISATION PERMISSIONS/ TIME LIMIT No. CLEARANCES (WITHIN WORKING DAYS)
1. Rajasthan Pollution a) Consent to Establish (under Water Act & 120 Days Control Board (RPCB) Air Act) b) Consent to Operate (under Water Act & 120 Days Air Act) c) Renewal of 'Consent to Operate (under 120 Days Water Act & Air Act) d) Authorization under Hazardous Waste 120 Days