The Andhra Pradesh Industrial Single Window Clearance Act, 2002.

1
       THE ANDHRA PRADESH INDUSTRIAL SINGLE WINDOW CLEARANCE
ACT, 2002
(ACT NO. 17 OF 2002)
    ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSTITUTION, POWERS AND FUNCTIONS OF THE DISTRICT
COMMITTEES, STATE COMMITTEE, SPECIAL COMMITTEES,
EMPOWERED COMMITTEE, STATE BOARD AND NODAL AGENCIES
3. Constitution, powers and functions of District Committees
4. Constitution, powers and functions of State Committee
5. Constitution, powers and functions of Special Committees
6. Constitution, powers and functions of Empowered Committee
7. Constitution, powers and functions of State Board
8. Appointment of Nodal Agency
9. Powers and functions of Nodal Agency
CHAPTER III
MISCELLANEOUS
10. Filing of Application forms
11. Power to call additional information
12. Combined application forms (CAF)
13. Self certification
14. Time limits for processing of applications
15. List of deemed approval
16. Information of deemed approval
17. Review of District level cases
18. Revision of District level cases by Empowered Committee
19. Review of State level cases
20. Revision of State level cases by State Board
21. . Pecuniary jurisdiction of District Committees
22. Exemption
23. Penalty
24. Offences by companies, etc
25. Act to override other Laws
26. Powers to remove doubts or difficulties
27. Power to give directions
28. Savings -
29. Power to make rules
30. Repeal of Ordinance 6 of 2002
2
THE ANDHRA PRADESH INDUSTRIAL SINGLE WINDOW CLEARANCE ACT,
2002
(ACT NO. 17 OF 2002)
(Dated 3rd August, 2002)
AN ACT TO PROVIDE FOR SPEEDY PROCESSING TO ISSUE OF VARIOUS
LICENSES, CLEARANCES AND CERTIFICATES REQUIRED FOR
SETTING UP OF INDUSTRIAL UNDERTAKINGS FOR THE
PROMOTION OF INDUSTRIAL DEVELOPMENT AND ALSO TO
PROVIDE FOR AN INVESTOR FRIENDLY ENVIRONMENT IN THE
STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO-
Whereas, it is expedient to provide for speedy implementation of
industrial and other projects in the State, by providing single point clearances
to promoters and to ensure early commercial production of such projects:
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Fifty-third Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Industrial Single Window Clearance Act, 2002.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force with effect on and from the
22nd  June, 2002.
2. Definitions - In this Act, unless the context, otherwise requires,-
(1)"Clearances" means grant or issue of no-objection certificate,
allotments, consents, approvals, permissions, registrations, enrollments,
licences and the like, by any competent authority or authorities in connection
with the setting up of an industrial undertaking in the State of Andhra Pradesh
and shall include all such clearances required till the industrial undertaking
starts commercial production;
(2)"Competent Authority" means any department or agency of the
Government, Authorized Agency, Gram Panchayat, Municipality or other local
body, which are entrusted with the powers and responsibilities to grant or
issue clearances;
(3)"District Committee" means the District Single Window Clearance
Committee constituted under Section 3;
(4)"Empowered Committee" means the Committee notified by the
Government under Section 6;
(5)"Government" means the Government of Andhra Pradesh;
(6)"Industrial Undertaking" means an undertaking engaged in
manufacturing or processing or both or providing service or doing any other
business or commercial activity as may be specified by the State Government:
(7)"Nodal Agency" means the agency notified at the State level or at the
District level under Section 8;
3
(8)"Notification" means a notification published in the Andhra Pradesh
Gazette and the word 'notified' shall be construed accordingly;
(9)"Prescribed" means prescribed by rules made under this Act;
(10)"Special Committee" means the Special Single Window Clearance
Committee constituted under Section 5;
(11)"State Board" means the Board notified by the Government under
Section 7;
(12)"State Committee" means the State Single Window Clearance
Committee constituted under Section 4.
CHAPTER II
CONSTITUTION, POWERS AND FUNCTIONS OF THE DISTRICT
COMMITTEES, STATE COMMITTEE, SPECIAL COMMITTEES,
EMPOWERED COMMITTEE, STATE BOARD AND NODAL AGENCIES
3. Constitution, powers and functions of District Committees - (1) The
State Government may, by notification, constitute a District Single Window
Clearance Committee for each district, which shall consist of the District
Collector as the Chairman and eight other members for such term as may be
specified in the notification.
(2) The District Committee shall exercise the following powers and
perform the following functions namely: -
(i) to meet at such times and places as the Chairman of the
Committee may decide and shall transact business as per
the procedure as may be prescribed;
(ii) to receive applications for all clearances for setting up
industrial units with proposed investment upto the amount
notified under Section 21;
(iii) to review and monitor the processing of applications by
the competent authorities and to forward the orders of the
competent authorities to the applicant;
(iv) to inform the applicant of the date on which the
application was received by the competent authority and the
date on which such application may be deemed to have been
approved in the case of deemed approval;
(v) to forward cases with remarks and relevant documents to
the State Committee for decision under Section 17;
(vi) to invite competent authorities or experts, who are not
members of the Committee, as special invitees for any
meeting of the District Committee as desired by the
Chairman of the Committee;
(vii) the Member of the District Committee shall attend the
meeting convened under clause (i) personally and in case he
is unable to attend the meeting, he may depute a senior level
officer with a written authorisation to take appropriate
decision in the meeting;
(viii) such other powers and functions as may be prescribed.
4
4. Constitution, powers and functions of State Committee- (1) The
Government may, by notification, constitute a State Committee known as the
State Single Window Clearance Committee, which shall consist of the
Commissioner of Industries as the Chairman with ten other members for such
term as may be specified in the notification.
(2) The State Committee shall exercise the following powers and perform
the following functions namely:-
(i) to meet at such times and places as the Chairman of the
Committee may decide and shall transact business as per
the procedure as may be prescribed;
(ii) to receive all applications for clearances for setting up
industrial units with proposed investment more than the
amount notified under Section 21;
(iii) to review and monitor the processing of applications by
the competent authorities and District Committees and to
forward the orders of the competent authority to the
applicant;
(iv) to inform the applicant of the date on which the
application was received by the competent authority and the
date on which such application maybe deemed to have been
approved in the case of deemed approval;
(v) to forward cases with remarks and relevant documents to
the Empowered Committee for decision under Section 19;
(vi) to invite competent authorities or experts, who are not
members of the Committee, as special invitees for any
meeting as desired by the Chairman of the State Committee;
(vii) the Member of the State Committee shall attend the
meeting convened under clause (i) personally and in case he
is unable to attend the meeting, he may depute a senior level
officer with a written authorisation to take appropriate
decision in the meeting;
(viii) such other powers and functions as may be prescribed.
5. Constitution, powers and functions of Special Committees - (1) The
Government may, by notification, constitute Special Single Window Clearance
Committees for any specified purpose, specified area or specified sector and
delegate to them such powers and functions as the Government may deem fit.
(2) The Special Committee shall consist of such number of members of
whom one shall be nominated by notification as Chairman by Government.
6. Constitution, powers and functions of Empowered Committee - (1) The
Government may notify the State Investment Promotion Committee as the
Empowered Committee.
(2) The Empowered Committee shall, -
(i) review and monitor the disposal of applications by the
District Committees and State Committee, and competent
authorities;
5
(ii) consider and decide cases under Sections 18 and 19;
(iii) exercise such other powers and perform such other
functions as may be prescribed.
(3) The powers and functions entrusted to the State Investment
Promotion Committee as Empowered Committee under the provisions of this
Act shall be in addition to the regular powers exercised and functions
discharged by the State Investment Promotion Committee.
(4) The decisions of the Empowered Committee shall be binding on the
State Committee, District Committees and the Competent Authorities.
7. Constitution, powers and functions of State Board - (1) The Government
may notify the State Investment Promotion Board as the State Board.
(2) The State Board shall,-
(i) review and monitor the disposal of applications by the
District Committees, State Committee and competent
authorities;
(ii) consider and decide cases under Section 20 and cases
referred under proviso to Section 17(2) and proviso to
Section 19(2);
(iii) exercise such other powers and perform such other
functions as may be prescribed.
(3) The powers and functions entrusted to the State Investment
Promotion Board as State Board under the provisions of this Act shall be in
addition to the regular powers exercised and functions discharged by the State
Investment Promotion Board.
(4) The orders passed by the State Board for issuing clearances shall be
final and binding on the Empowered Committee, State Committee, District
Committees and the Competent Authorities.
8. Appointment of Nodal Agency - (1) The State Government may, by
notification, appoint a nodal agency at the State level, which shall be a cell
headed by an officer not below the rank of Additional Director of Industries and
including such supervisory and secretarial staff as may be required.
(2) The State Government may notify the District Industries Centre as
Nodal Agency at the district level.
9. Powers and functions of Nodal Agency - (1) The Nodal Agency shall
provide secretarial support to the District Committees and the State
Committee, as the case may be.
(2) Under the superintendence, direction and control of the respective
committees, the nodal agency shall acknowledge all applications filed before
the Committee and shall forward the applications to the concerned competent
authority within three working days. The Nodal Agency shall pursue the
clearance of the applications with the competent authorities.
6
CHAPTER III
Miscellaneous
10. Filing of Application forms - (1) All applications for clearances shall be
submitted with the required fees in the prescribed manner to the appropriate
committee.
(2) The applications shall be forwarded by the Committee to the
competent authority for processing and disposal.
11. Power to call additional information - (1) On receipt of application under
sub-section (2) of Section 10. the competent authority shall have power to
obtain further additional information from the applicant as required by him,
while furnishing a copy of the same to the Nodal Agency.
(2) The applicant shall furnish the required information to the competent
authority and also to the Nodal Agency simultaneously.
(3) The competent authority shall 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.
12. Combined application forms (CAF) - (1) It shall be competent for the
Government to prescribe combined application forms which may consist of,-
(a) forms under Central enactments without any change; and
(b) existing forms or new forms in lieu of the existing forms under
State enactments.
(2) All Departments or authorities concerned shall accept such
application forms for processing and issue of required clearances.
13. Self certification- (1) Every enterpreneur shall furnish a 'Self Certification'
at the time of submitting application form to the Nodal Agency, undertaking in
such form as may be prescribed that he shall comply with the applicable
provisions of the relevant Acts and the rules made thereunder.
(2) The self certification furnished by the entrepreneur shall be accepted
by the concerned Departments and authorities for the purpose of issuing and
granting clearance.
14. Time limits for processing of applications- Notwithstanding anything
contained in any State law for the time being in force,-
(1) the Government may lay down the procedure for processing and
disposal of applications.
(2) the Government may prescribe time limits for processing and disposal
of applications by the competent authorities.
(3) the competent authority may ask for additional information at any
time before the expiry of the period stipulated for the disposal of such
clearance:
Provided that such request for additional information should be made
only once by the competent authority.
(4) After receipt of the additional information, the competent authority
shall pass orders on the application before the expiry of the stipulated time
from the date of receipt of such additional information.
7
15. List of deemed approval - (1) While prescribing time limits under Section
14, the State Government may notify the clearances in respect of which failure
of the competent authority to pass final orders on the application within the
stipulated time shall result in deemed approval.
(2) The applicant may proceed to execute the work or take other action
following the deemed approval, but not so as to contravene any of the
provisions of the Acts or rules or bye-laws applicable to such clearances.
16. Information of deemed approval - The appropriate Committee shall
inform to the applicant the date on which the application was received by the
competent authority and the date on which it was deemed to have been
approved.
17. Review of District level cases - Notwithstanding anything contained in
any State law, for the time being in force, -
(1) The District Committee may, either suo motu or on an application,
examine any order passed by any competent authority, rejecting any clearance
or approving it with modification, and if the District Committee considers that
there are valid grounds for a change in such decision, it shall forward such
case to the State Committee with remarks and relevant documents for a
decision.
(2) The State Committee shall examine all cases referred to it by the
District Committee and pass appropriate orders:
Provided that the cases relating to the orders passed by the Government
as competent authority shall be referred to the State Board for decision.
(3) The decision taken by the State Committee shall be binding on the
District Committee and the competent authorities.
18. Revision of District level cases by Empowered Committee -
Notwithstanding anything contained in any State law, for the time being in
force, the Empowered Committee may, either suo motu or on a reference,
examine any orders passed by the State Committee and pass appropriate
orders as it deems fit and such orders shall be final.
19. Review of State level cases - Notwithstanding anything contained in any
State law, for the time being in force, -
(1) The State Committee may, either suo motu or on an application,
examine any order passed by any competent authority, rejecting any clearance
or approving it with modification and if the State Committee considers that
there are valid grounds for a change in such decision, it shall forward such
case to the Empowered Committee with remarks and relevant documents for a
decision.
(2) The Empowered Committee shall examine all cases referred to it by
the State Committee and pass appropriate orders:
Provided that the cases relating to the orders passed by the Government
as competent authority shall be referred to the State Investment Promotion
Board for decision.
(3) The decision taken by the Empowered Committee shall be binding on
the State Committee, District Committees and the competent authorities.
8
20. Revision of State level cases by State Board - Notwithstanding anything
contained in any State law, for the time being in force, the State Board may,
either suo motu or on a reference, examine any orders passed by the
Empowered Committee and pass appropriate orders as it deems fit and such
orders shall be final.
21. Pecuniary jurisdiction of District Committees - The Government may by
notification specify the investment limit upto which the applications for
clearances shall be made to the District Committees.
22. Exemption - The State Government may, by notification, exempt any
clearances from any of the provisions of the Act.
23. Penalty - Any entrepreneur who fails to comply with the conditions or
undertaking in the self certification given to the Nodal Agency or other
department or authorities shall on conviction be punishable with fine which
may extend to five thousand rupees for the first offence and for the second or
subsequent offences with fine which may extend to ten thousand rupees.
24. Offences by companies, etc - (1) Where an offence under this Act is
committed by a company, the company as well as every person in-charge of
and responsible to the company for the conduct of its business at the time of
commission of the offence, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed with the consent or connivance of,
or that commission of the offence is attributable to any neglect on the part of
any Director, Manager, Secretary or other officer, such Director, Manager,
Secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation: For the purposes of this section: -
(a)"Company" means any body corporate and includes a firm or
other association of individuals; and
(b)"Director" in relation to a firm means a partner in the firm.
25. Act to override other Laws - Save as otherwise provided in this Act, the
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other State law for the time being in force or any
custom or usage or any instrument having effect by virtue of any such law.
26. Powers to remove doubts or difficulties - If any doubt or difficulty arises
in giving effect to the provisions of this Act, the Government may, by order,
make provisions or give such directions, not inconsistent with the provisions of
this Act, as may appear to it to be necessary or expedient for the removal of the
doubt or difficulty.
27. Power to give directions - The State Government may, from time to time,
issue to the State Committee or the District Committees such general or special
directions of policy as they may deem necessary or expedient for the purpose of
carrying out the objects of this Act and the said State Committee or the District
Committees, as the case may be, shall be bound to follow and act upon such
directions.
9
28. Savings - The provisions of Sections 13 to 20 of this Act shall not apply to
any clearances required under Central enactments.
29. Power to make rules - (1) The Government may by notification make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act, shall immediately after it is made be
laid before the Legislative Assembly of the State, if it is in session and if it is
not in session in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions and
if before the expiry of session in which it is so laid or the session immediately
following, the Legislative Assembly agrees in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
30. Repeal of Ordinance 6 of 2002- The Andhra Pradesh Industrial Single
Window Clearance Ordinance, 2002 is hereby repealed.
K.G.SHANKAR,
  Secretary to Government (FAC),
Legislative Affairs & Justice,
Law Department.

‹ Prev All Andhra Pradesh acts Next ›