The Arunachal pradesh Ease of Doing Business Act, 2021

ffi
The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 110, Vol. XXV|ll, Naharlagun, Tuesday, April 27,2021, Vaisakha 7, 1943 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT
CIVILSECRETARIAT
ITANAGAR
NOTIFICATION
The 27th Aptil,2021
No. LaWLegn4/202'1.-The followingAct of the Arunachal pradesh LegislativeAssembly which
was passed in the Sixth Session of the Seventh Legislative Assem bly and received the assent of the
Governor ofArunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 23rd April,2021)
THE ARUNACHAL PRADESH EASE OF DOING BUSINESS ACT, 2021
(ACT NO. 5 OF 2021)
An
Act
to provide for delivery of transparent, efficient and timely services to the eligible persons in the
State of Arunachal Pradesh under various enactments applicable in the Staie for setting up of
lndustrial or service sector underlakings and for achieving the objective for easier implementAtion of
Ease of Doing Business a,d mallers connected therewith or incidental thereto:
Be it enacted by the Leg,s/arlye Asse mbly ofArunachal Pradesh in the Seventy-second year of
the Republic of lndia as follows,-
CHAPTER- I
PRELIMINARY
'1. Short title, extent and commencement : (1 ) This Act may be called the Arunachal pradesh
Ease of Doing Business Act, 2021 .
(2) lt extends to the whole of the State ofArunachal Pradesh.
(3) lt shall come into force on the date of its publication in the Official Gazette.
2. Definitions : ln this Act, unless the context otherwise requires:
(1 ) "Single Window Clearance Authority (hereinafter referred to as SWCA)" means an
Authority constituted under section 3 to provide all clearances to the investors under this Act;
(2) "Chief Executive Officer" means the Chief Executive Officer of the Single Window
Clearance Authority constituted under section 3;
(3) "Online Single Window Portal (hereinafter referred to as SWP)" means an online
system constituted under section 4;
(4) "Applicant" means a person who is eligible for obtaining services scheduled under the
SWCA established under provisions of this AcU
(5) "Person" shall include individuals or any company, or association or body of individuals,
incorporated under relevant Acts of law;
(6) "Application" means any application submitted by an applicant to avail the services
scheduled under SWP;
(7) "Service" means services, including funclions, obligations, responsibilityor duty, to be provided
or rendered bya public authority. This mayinclude licenses, approvals, renewals, no-objection
certificates, clearances, registrations, enrolments and the like, to be issued under various
enactments in connection with the setting up of an industrial or service sector undertaking.
The Arunachal Pradesh Extraordinary Gazette, April 2T ,2021 2
(8) "Public Authority,, means, -
(i) any Department or authorities of the Government and its designated officers;
(ii) any organisation or authority or body or corporation or institution or a local authority,
established or constltuted;
(1) by or under the Constitution of lndia in the State;
(2) by any other law made by the State Legislature;
(3) by nofification issued by the Government.
(iii) an institution, a co-operative society, a Government company or an authority owned,
controlled orfinanced bythe State Governmenu
(9) "Designated Office/'means Officer or Officers ofthe Government authorised bythe SWCA
to scrutinise and process applications submitted through the Online Single Window portal;
('l 0),,Government', means Government of Arunachal pladesh;
(11) "Local Authority" means District lndustries centre, urbanorRural LocalBody, lndustrial
Township, lndustrial and lnvestment Parks or Centres or any other authority constituted by
law and includes development aulhorities;
(12) "Notification" means a notification published in Arunachal pradesh Gazette, and the
word "notified" to be construed accordingly;
('l 3) "Prescribed" means prescribed by Rules made under this Act;
(14) "Appellate Authority" means an officer appointed by the Government by investing with
the power to hear appeals against the orders passed by a publicAuthority related to the
delivery ofservice;
CHAPTER - II
SINGLE WINDOW SERVICES
3. Establishment of singte window clearance Authority(swcA) : There shall be a Singte
Window Clearance Authority established for the purpose of providrng one-stop clearance/ grant
or approval to new industrial and service sector investment applications and overall supervision
and administration of speedy processing ofinvestment applications and issue ofvarious clearances
under the Department of Planning and lnvestment. The Government shall appoint an officer as
the chief Executive officer (cEo) of the swcA from the Department of planning and Investment.
4. online single window Portal (swp) : AJI appllcations shall be received, all decisions conveyed,
and relevant services delivered through an Online Single Wlndow Portal. The SWCA shall ensure
that there is no physical interface between applicant and concerned officers for delivery of the
services.
5. Functions of the SWCA :
The SWCA shall -
('1 ) Develop and maintain the SWp for the purpose of this Act;
(2) Receive, process and dispose of a[ applications through the swp and authorise
communications pertaining to the Single Window processes and procedures;
(3) coordinate all required approvals, Iicences, registrations and clearances among Departments
of the Government, based on the submitted application;
6. Power of the SWCA :
(1 ) Prescribe services to be made available on the SWp through notification.
(2) Delegate the responsibility of processing an application and carrying out relevant inspections
to a Designated Officer;
(3) Prescribe the mode and procedure for delivery of services and disposal of applicatjons
through the online portal through notification.
7. Right to Single Window Service : Every applicant shall have the right to avail services listed
by the SWCAwithin the time notified by Government under relevant provisions of the Arunachal
Pradesh Right to Public Services Act (APRTPS Act), 2016.
The Arunachal Pradesh Extraordinary Gazette, Aptil 27,2021
8. Procedure of Application :
(1 ) The applicant seeking any clearance shall register through the SWp For the purpose
and of registration, applicant shall be given a unique lD;
(2) A person may apply for delivery of service online in the prescribed form wjth necessary
particulars and supporting documents;
(3) The application complete in ali respects shall be submitted with the prescribed fees,
online through the SWP;
(4) The applicants can monitor the status of their applications online through the SWP
9. Disposal of Application :
(1 ) The Designated Officer, on receipt of the application, shall dispose of the same by either
causing the service applied for to be delivered or communicating the rejection of the
application through the SWP within the stjpulated time as notified for the service under the
APRTPS Act, 2016;
(2) The Designated Officer shall record reasons in the order, in case the application is rejected,
and upload the same onto the SWP
(3) lf the designated officer does not communicate the approval or rejection of application
within a stipulated time, the application shall be considered as deemed approval. This shall
be done automatically by SWP
10. Failure to deliver service in time : The SWCA shall ensure that every Designated Officer
who fails to deliver a notified service or communicate reasons of rejection to the concerned
applicant within the stipulated time, shall be penalised by way of mandatory payment of
compensation at such rates as may be prescribed by notification.
CHAPTER - III
GRIEVANCE REDRESSAL
11- Appellate Authority: Government shallappoint an Appellate Authorityfor the purpose of receiving
and redressing grievances made by the applicant under the provisions of this Act and for providing
approvalto concerned applications in the event offailure ofthe SWCA in doing so.
12. Appeal by the aggrieved person: Any person whose application is rejected under sub-
section (2)of section 9 orwho is not provided the service within the stipulated time, mayfile an
appeal before the Appellate Authority within such time and in such form as may be prescribed;
13. Functions of the Appellate Authority :
(1 ) The Appellate Authority shall scrutinise the grievances submitted by the applicant and
based on the examination of the submitted application, such matters shall be brought to
the notice ofthe State Government and thereafter convey his decision on the order passed
by the Designated Officer of the SWCA within the stipulated time as notified under lhe
APRTPS Act, 2016.
(2) The AppellateAuthority shall interalia instructthe Chief Executive Officer SWCAto ensure
timely disposal of the application in case of the first failure by a Designated Officer, or
himself dispose ofthe application on a subsequent instance offailure;
(3) ln case of any Designated Officer or public authority who is a habitual and wilful defaulter,
without any reasonable cause and persistently fails to receive an application or has failed
to provide the public service within the stipulated time or intentionally denied the request
for the public service or delayed inordinately, the appellate authority shall be competent to
take appropriate disciplinary action.
CHAPTER - IV
MISCELLANEOUS
14. Powers of Appellate Authority, Chief Executive Officer SWCA, Designated Officer :
(1) The Appellate Authority, Chief Executive Officer SWCA and Designated Officer shall,
for the purposes of their functions under this Act, assume powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters,
namely, -
(i) discovery and production of any document or other material object producible as
evidence;
(ii) receiving evidence on affidavits;
The Arunachal Pradesh Extraordinary Gazette, Aptil 27 ,2021
(iii) such other matter which may be prescribed.
(2) The AppellateAuthority shall not be bound by the procedure laid down in the Code of Civil
Procedure, 1908butshall be guided by the principles of naturaljustice and subject to the
other provislons of this Act and of any rules made thereunder, the Authority shall have the
power to regulate its own procedure.
15. Establishment of lnvest ArunachalAgency : There shall be anArunachal Pradesh lnvestment
Agency established for the purpose of investment promotion, industrial faciljtatron, regulatory
reforms, entrepreneurial development and obtaining investor feedback. TheArunachal Pradesh
lnvestment Agency shall function as the sole point of contact in the State for the purpose of
setting up a business. The Chief Executive Officer (CEO) appointed under thisAct shall also
be the Chief Executive OfficerforArunachal Pradesh lnvestmentAgency and Arunachal Pradesh
lnnovation and lnvestment Park (AP Start-ups). The Government may prescribe the composition,
roles and responsibilities of the Agency through notification.
16. Revision : The Appellate Authority, the SWCA and the Government may at any time for the
purposes of satisfying itself or themselves as to the correctness, legality, propriety or regularity
of proceeding or order passed by the Designated Officer or the Appellate Authority, as the case
may be, either suo moto or on an application made to it or them, call for and examine the
records and pass such orders with reference thereto as it or they think fit.
17. Protection of action taken in good faith : No suit, prosecution or other legal proceedings
shall lie against an employee of Public Authority for anything which is done or purported to
have been done in good faith in pursuance of the provisions of this Act or the rules made
thereunder.
18. Act to override other Laws : ln relation to the services prescribed under this Act and the
procedure of service delivery and disposal of applications prescribed by notification under this
Act the provisions made under thisAct shall have effect not withstanding anything inconsistent
therewith contained in any other law for the time being in force or in any rules having effect by
virtue of any law other than this Act.
19. Power of Government to issue directions : The Government may issue to the Public
Authoritysuch general or special directions in writing for the purpose of effective implementation
of this Act and the Public Authority shall be bound to follow and Act upon such directions.
20. Power to remove difficulties :
lf any difficulty arises in giving effect to the provisions of this Act, the State Government, as
and when the occasion arises, may by an order published in theArunachal Pradesh Gazette,
make such 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 purpose of removing the difficulty.
21 . Power to make rules :
The Government may, by notification, make rules to carry out the provisions of this Act;
All rules made under this Act shall, as soon as, may be it is made, be laid before the State
legislature when it is in session.
Onit Panyang, IAS
Commissioner to the
Government of Arunachal
Pradesh,
Itanagar.
4
Published and Printed by Directorate of Printing, Naharlagun.-22412021-O,P-Z5O +Secy (APLA) - 50+
Secy (L&J)-1 0o+Secy. (P&l)-1 00 4-2021.

‹ Prev All Arunachal Pradesh acts Next ›