(1) Application form and fee for clearance:--
(a) any applicant, who desires to set up an enterprise in the State of Uttarakhand, shall apply in Combined Application Form along with a fee, as may be prescribed by the Government, to the Nodal Agency;
(b) the fee, prescribed as above, shall be in addition to the fee, if any, prescribed under any Central law by any authority or department, and shall be submitted along with the form, prescribed by any such authority under that law;
(c) suitable exemption from fee may be notified by the Government for applicants belonging to SC/ST/Women/ Physically Handicapped categories and Micro Enterprises may also be exempted from paying the fee.
Rates for fee:-- Small : Rs. 1000/- Medium : Rs. 5000/- Large/Heavy : Rs. 10000/-
(2) After the receipt of application for clearances, the authorized representative of the Nodal Agency shall satisfy himself that the application given by the applicant is complete in all respect. If it is so, he shall give an acknowledgement in token of the receipt of the application.
(3) After an acknowledgement is given by the authorized representative of the Nodal Agency, he shall enter the application for clearances in the register of applications. The register of applications shall be checked up and certified to be correct by the Head of the Nodal Agency at the end of each working day.
(4) The relevant parts of the application form shall be sent to the concerned Competent Authority within a period as prescribed under section 10.
(5) The concerned Competent Authority shall process application form and communicate its decision to the Nodal Agency within the period, as prescribed under section 10.
(6) The concerned department or authority shall provide comments sought by the Nodal Agency, within the period as prescribed, and, if the concerned department or authority fails to provide comments within the aforesaid period, it shall be deemed that the concerned department or authority has no objection regarding the application for clearance.
(7) Power of Competent Authority to call for additional information:-
(a) before communicating its decision, if the Competent Authority deems it necessary to ask for any additional information from the applicant, it may seek the same within a period as prescribed under section-10 after the receipt of application for clearances under intimation to the Nodal Agency;
(b) the additional information, sought, shall be furnished by the applicant direct to the Competent Authority under intimation to the Nodal Agency within the period, specified in this regard by the competent authority.
However, such additional information would be sought once only, and not time and again in piecemeal;
(c) in the case of seeking any additional information, the period, specified for communicating the decision by the competent authority to Nodal Agency, shall be counted from the date of receipt of additional information;
(d) in case, it is found by the Nodal Agency that the additional information, sought by the Competent Authority, is uncalled for or the same is sought after the expiry of the period, specified under clause (a) above, then it shall be construed that the additional information was not required at all, and the period for communicating the decision in this regard, shall be reckoned from the date, the application for clearances was originally submitted;
(e) the status report of the applications for clearances shall be placed before The State Empowered Committee, or as the case may be, District Empowered Committee by the respective Nodal Agencies;
(f) the State Empowered Committee, or as the case may be, District Empowered Committee shall respectively, communicate its decision of approval or rejection;
(g) the status report of the applications for clearances shall be monitored by The State Empowered Committee, or as the case may be, District Empowered Committee once in a month.
1 { Effect of in principle approval 8A Approval (in-principle approval) issued by the State Empowered Committee or District Empowered Committee, as the case may be, in accordance with section 8(7)(F) of the Act, except to the approvals/licenses /permissions/acknowledgment to be issued at the level of the Central Government or any of its departments/ organizations and appropriate Government or Competent authority under Central Laws as laws related to environment conservation Labour Industry etc. shall be effective for all purposes except for micro and small enterprises as if it were an approval/licenses /permission/acknowledgment as defined in section 10(1) of the Act for a period of three years from the date of its issue. The approval (inprinciple approval) shall be effective for all purposes for medium enterprises as if it were an approval/licenses/permission /acknowledgment as defined in section 10(1) of the Act for a period of three years from the date of its issue or the date of commencement of commercial production, whichever occurs earlier:
Provided that within the said period of three years, the applicant shall has to obtain the requisite approvals licenses/permissions/acknowledgments as defined under section 10(1) and if applicable under the Central Acts for the establishment/operation of the concerned enterprise.
It shall be mandatory for the applicant to attach a self-attested affidavit of fulfilling the standards of the Uttarakhand Building bye laws in force for the time being after getting the map of the project checked through an authorized architect or online software along with the Application Form:
Provided further that during the said period, the applicant shall have to ensure necessary compliance for obtaining the necessary approvals licenses /permissions/ acknowledgments for the establishment/operation of the enterprise concerned. In case the necessary compliance is not ensured, legal action shall be taken against him:
Provided also further that the letter of approval (in-principle approval) shall not entitle any person/institution or organization to use land other than the land use specified in the master plan, wherever such plan is in force. It shall also not be entitled to use a restricted category as specified in section 132(a) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Adaptation and Modification Order, 2001) i.e. pasture or such land on which water is used and which is used to grow water chestnut or other produce or such land which is not covered by riverbed and occasionally used for agricultural purposes.} ---------------------------------------------------------------------- 1- Inserted by section 6 of Uttarakhand Act no 08 of 2022.
Deemed approval
9. Every department or authority notwithstanding anything contained in any other law shall issue clearance within the stipulated time limit. If the cases in which application fulfills all prescribed eligibility and terms, the concerned Departments or authorities have delayed issuing approval/clearance, in that case such clearances shall be deemed to have been issued. In such cases total transparency would be ensured by the Department.
Time limits for processing of application