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The Haryana Enterprises Promotion Act, 2016

Haryana · state statute
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Regd. No. CHD/0093/2015–2017 
 
 
 
 
 
Haryana Government Gazette 
EXTRAORDINARY 
Published by Authority 
© Govt.  of   Haryana  
55-2016/Ext] CHANDIGARH, MONDAY, APRIL  11, 2016  (CHAITRA  22, 1938  SAKA) 
LEGISLATIVE SUPPLEMENT 
  CONTENTS PAGES 
PART-I ACTS  
THE HARYANA ENTERPRISES PROMOTION ACT, 2016   33—38 
(HARYANA ACT NO. 6 OF 2016) 
PART-II ORDINANCES     
 NIL   
PART-III DELEGATED LEGISLATION  
NIL 
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND  
REPLACEMENTS 
NIL 
 
 
 
Price : Rs. 5.00 (xxiv)
 
 
 
 
 HARYANA  GOVT.  GAZ. (EXTRA.),  APR. 11,  2016  (CHTR.  22,  1938  SAKA) 33  
 
PART-I 
 
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification 
The 11th April, 2016 
No. Leg.9/2016.—  The following Act of the Legislatur e of the State of Haryana received 
the assent of the Governor of Haryana on the 7th April, 2016 and is hereby published for general 
information :— 
HARYANA ACT NO. 6 OF 2016     
 
                THE HARYANA ENTERPRISES PROMOTION ACT, 2016 
AN 
ACT 
to provide for simplification of regulatory framework and to assist the  
promoters in speedy implementation of industrial and other projects in 
 the State of Haryana by providing single point time bound clearances 
 required for setting up of enterprise under one roof and reducing the  
procedural requirements, rationalizing the documents and to ensure 
ease of doing business for the promotion of industrial development  
and facilitation of new investments and to provide for an investor 
 friendly environment in the State of Haryana. 
Be it enacted by the Legislature of the State of  Haryana in the Sixty-seventh Year of the 
Republic of India as follows:- 
 
1. (1)  This Act may be called the Haryana Enterprises Promotion Act, 2016. 
 (2) It shall be deemed to have come into force with effect from the  
14th  August, 2015.  
Short title and 
commencement. 
2. In this Act, unless the context otherwise requires, - 
(a) “any State law” means any law made or adopted by the State Legislature; 
(b) “authority” means any Department of the State Government or a local authority 
or any statutory Board, Corporation or  any other authority established by the 
State Government and entrusted with the powers and responsibility for grant or 
issue of clearances in connection with the setting up of an enterprise in the State; 
(c) “clearances” means grant or issue of no objection certific ate, allotment, consent, 
approval, permission, registration, enrolment, licence by any authority in 
connection with the setting up of enterprise in the State or expansion of existing 
enterprise; 
(d) “deemed clearance” means a clearance deemed to have been given on the expiry 
of a period specified under the rules prescribed under this Act or any State law; 
(e) “District Level Clearance Committee” me ans a Committee constituted under  
section 8; 
(f) “District Industries Centre” means the office of Joint Director or Deputy 
Director, Industries and Commerce Department, Haryana at district level; 
  
Definitions. 
 
 
34 HARYANA  GOVT.  GAZ. (EXTRA.),  APR.  11,  2016  (CHTR.  22,  1938  SAKA)
 
 (g)   “entrepreneur” means an entity who decides to set up an enterprise and includes 
(i) an individual; (ii) a Hindu undivided fa mily; (iii) a company; (iv) a registered 
firm; (v) a Limited Liability Partnership as per the Limited Liability Partnership Act, 
2008 (Central Act 6 of 2009); (vi) an association of persons or a body of individuals, 
whether incorporated or not, in India or outside India; (vii) any corporation 
established by or under any Central, State or Provincial Act or a Government 
Company as defined under clause (45) of section 2 of the Companies Act, 2013 
(Central Act 18 of 2013); (viii) any body corporate incorporated by or under the laws 
of a country outside India; or (ix) a co -operative society registered under any law 
relating to co-operative society;  
(h) “Empowered Executive Committee” means the Committee constituted 
under section 4; 
(i) “enterprise” means an undertaking engaged in manufacturing, processing or both or 
providing service including software development;  
(j) “Haryana Enterprises Promotion Board” means the Board constituted under 
section 3; 
(k) “Haryana Enterprises Promotion Centre” means the Centre constituted under 
section 5 ; 
(l) “prescribed” means prescribed by the rules made under this Act; 
(m) “State” means the State of Haryana; 
(n) “State Government” means the Go vernment of the State of Haryana.
 
Haryana 
Enterprise 
Promotion 
Board. 
3. (1) The State Government shall, by notification constitute the Haryana Enterprises Promotion 
Board under the Chairmanship of the Chief Mi nister and such other members, as may be 
prescribed.  
 (2) The Haryana Enterprises Promotion Board shall consist of a two tier system viz. the 
Empowered Executive Committee at State Level and the District Level Clearance Committee at 
district level for grant of project clearances.  
  (3) The Haryana Enterprises Promotion Board shall be the Apex body for all matters relating 
to the enterprise development and shall perform the following functions, namely:- 
(i)  to frame the regulations and procedures for conduct of its business and allocating 
functions to the Empowered Executive Committee;  
(ii)  to create, sanction, abolish and re-des ignate the posts in the Haryana Enterprises 
Promotion Centre and the  District Industries Centres;  
(iii) to monitor, supervise and review th e functioning of the Empowered Executive 
Committee and the District Level Clearance Committees; 
(iv)  to approve any incentives, relaxatio ns, exemptions or grant clearances on the 
recommendations of the Empowered Executive Committee in mega projects and 
ultra mega projects beyond the package of  fiscal incentives under the Enterprises 
Promotion Policy, 2015;  
(v) to grant clearance on the recommendations of the Empowered Executive 
Committee and the District Level Clear ance Committee, where the powers of 
approval are vested with the State Government; 
(vi) to approve the annual budget, accounts and reports including audit reports of the 
Haryana Enterprises Promotion Centre; and 
(vii) to adopt such procedure for transaction of its business, as may be prescribed.
  
 
 
 
 HARYANA  GOVT.  GAZ. (EXTRA.),  APR. 11,  2016  (CHTR.  22,  1938  SAKA) 35  
 
4.  (1) The State Government shall, by notification, constitute the Empowered Executive 
Committee for considering the projects with such investment and for grant of Change of Land Use 
permission for such area, as may be prescribed, un der the Chairmanship of Principal Secretary to 
the Chief Minister and such other members, as  may be prescribed. The Empowered Executive 
Committee shall exercise powers of  authority as devolved upon it under respective Acts, rules or 
regulations, if any, regarding grant of clearances and incentives in time bound manner upto the 
stage/ date of commencement of pr oduction/ operations of project. In case any authority is unable 
to devolve its power to the Empowered Executive Committee, it shall delegate such powers to its 
officer deputed in the Empowered Executive Committee. 
 (2) The Administrative Secret ary of Industries and Commerce Department shall be the 
Chief Executive Officer and shall perform such functions, as may be prescribed.  The Managing 
Director, Haryana State Industrial  and Infrastructure Development Corporation Limited shall be 
the Additional Chief Executive Officer and the Director General or Director, Industries and 
Commerce Department shall be the Deputy Ch ief Executive Officer.  The office of the 
Empowered Executive Committee shall be located in the Directorate of Industries and Commerce, 
Haryana, Chandigarh. The staff of  the Directorate of Industries and Commerce, Haryana, shall be 
suitably fortified with the deputationists from various departments to serve the Empowered 
Executive Committee. 
  (3) The Empowered Executive Committee shall work under the overall supervision and 
guidance of the Haryana Enterprise Promotion Board and shall perform the following functions:- 
(i) to adopt such procedure for transaction of its business, as may be prescribed; 
(ii) to process online composite appli cation forms for grant of clearances for 
setting up of new projects or expansion of existing units with such proposed 
investments, as may be prescribed;  
(iii) to inform the entrepreneur the date on which such application may be deemed 
to have been approved in the case of deemed clearances;  
(iv) to review and monitor the processing  of applications received by the Haryana 
Enterprises Promotion Centre; 
(v) to grant approvals for establishment of industrial parks in private sector; 
(vi) to act as single point agency for resolution of issues pertaining to multiple 
departments and settling the inter-departmental disputes of the existing 
industrial units; 
 (vii) to carry out such other functions, as may be assigned to it by the Haryana 
Enterprises Promotion Board or the State Government; 
 (viii) to refer any matter to Haryana Enterprises Promotion Board with its 
recommendations or suggestions. 
 (4) The Empowered Executive Committee shall be the final authority for granting 
clearances. The clearances given by the Committee shall be binding on the authority concerned.  
 (5) The  Empowered  Executive  Committee  may  appoint  from  time   to   time,   any  
sub- committee under the Chairmanship of Administrative Secretary to Government, Haryana, 
Industries and Commerce Department and experts from Industries or related fields as it considers 
necessary, to assist it in carrying out its functions and to facilitate investment in the State. 
Empowered 
Executive 
Committee.
 
 
 
36 HARYANA  GOVT.  GAZ. (EXTRA.),  APR.  11,  2016  (CHTR.  22,  1938  SAKA)
 
Haryana 
Enterprises 
Promotion Centre. 
 
 
 
5.  (1) The State Government shall constitute the Haryana Enterprises Promotion Centre 
with Administrative Secretary to Government, Haryana, Industries and Commerce Department as 
the Chief Executive Officer and consisting of such other members, as may be prescribed.   
 (2) The Haryana Enterprises Promotion Centre  shall provide secretarial service to the 
Haryana Enterprises Promotion Board and the Empowered Executive Committee and shall have 
complete data base on availability of land, water, power, finance etc. and the Acts, rules, 
regulations and bye-laws of all the institutions engaged in industrial development. The Haryana 
Enterprises Promotion Centre shall showcase the St ate as an ultimate destination for investment 
and it shall perform the following functions, namely:-  
(i) to act as a single point contact agency under one roof to provide information 
and hand-holding services for venture location to prospective entrepreneurs 
particularly with regard to various cl earances needed for implementation of 
the projects, availability of land and present level of infrastructure in the State 
and to assist entrepreneurs in submission of applications for approvals/ 
registration to different organizations; 
(ii) to receive applications for the allotm ent of industrial plot to Non-Resident 
Indians and foreign investors under reserved quota of Haryana State Industrial 
and Infrastructure Development Corporation Limited and Haryana Urban 
Development Authority for processing;  
(iii) to keep close liaison with offices of Ministry of Commerce and Industry, 
Ministry of External Affairs, Ministry of Food Processing etc. to capture the 
projects at the initial stage especially with regard to foreign direct investment; 
  (iv)   to perform any other function, as may be prescribed.
  
Bureau of 
Industrial Policy 
and Promotion. 
6.     (1)  The Investment Promotion Centre constituted under the Haryana Industrial Promotion 
Act, 2005 (6 of 2006), shall be renamed as the Bureau of Industrial Policy and Promotion and 
shall function under the guidance of the Admini strative Secretary to Government, Haryana, 
Industries and Commerce Department. The Dir ector or Director General, Industries and 
Commerce Department shall be the Chief Executiv e Officer and shall have its offices at Delhi 
and Chandigarh. 
 (2) The objective of Bureau of Industrial Policy and Promotion shall be to policy 
outreach, continuous engagement with the indust ry in an ongoing basis, tracking investment 
proposals, investment promotion, resolving issues relating to Non-Resident Indian and foreign 
direct investment, hand-holding investors and converting investment queries into investment 
commitments.  
 (3) The officers not below the rank of Divisional Town Planner, Assistant General 
Manager, Haryana State Industrial and Infrastructure Development Corporation Limited, 
Environment Engineer, Assistant Director Industrial Safety and Deputy General Manager, Uttar 
Haryana Bijli Vitaran Nigam, Deputy General Ma nager, Dakshin Haryana Bijli Vitaran Nigam, 
Joint Director, Industries, consultants, professionals from the consultancy firms or such other 
officers as recommended by the Chief Executive Of ficer with the approval  of State Government 
shall be part of the Bureau of Industrial Policy and Promotion. 
Foreign 
Investment 
Promotion Board 
and Non 
Resident Indian 
Investment Cell. 
7. The State Government shall, by notification, constitute Foreign Investment Promotion 
Board and Non-Resident Indians Investment Cell for catalyzing foreign direct investments and 
non-residents investments in the State. 
 
 
 
 HARYANA  GOVT.  GAZ. (EXTRA.),  APR. 11,  2016  (CHTR.  22,  1938  SAKA) 37  
 
8.  (1)  The State Government shall, by notification, constitute District Level Clearance 
Committee under the Chairmanship of the Deputy Commissioner having such members, as may 
be prescribed. The authority shall delegate its  power to the members of the District Level 
Clearance Committee for grant of clearances under its respective Acts, rules or regulations, if any, 
for approval of projects with such investment or for grant of Change of Land Use permission for 
such area, as may be prescribed. 
(2) The District Level Clearance Committee shall perform the following functions, 
namely:— 
(i) to adopt such procedure for transaction of its business, as may be 
prescribed; 
(ii) to process online composite applica tion forms for grant of clearances for 
setting up industrial units with proposed investment; 
(iii) to review and monitor the processing of applications by the District 
Industries Centres;  
(iv) to inform the entrepreneur the date on which such application may be 
deemed to have been approved in the case of deemed clearances; and 
(v) such other functions, as may be prescribed. 
(3) The District Level Clearance Committee shall be the final authority to grant 
clearances. The clearances given by the District Level Clearance Committee shall be binding on 
the authority. 
(4) The District Level Clearance Committ ee shall examine the order passed by any 
authority, rejecting any clearance or approving it with modification and if the District Level 
Clearance Committee considers that there are valid grounds for a change in such decision, it shall 
take a decision after recording the reasons, which shall be binding on the authority. 
District Level 
Clearance 
Committee. 
9.  There shall be an online composite application form for the use of entrepreneurs on the 
web portal of the Industries and Commerce Department for receiving online composite 
applications forms.  On receiving an application, the Haryana Enterprises Promotion Centre or the 
District Industries Centre shall collate, process,  secure clearances from the authorities in such 
manner, as may be prescribed. All the processing  and clearances shall be given in respect of 
authority through the web portal. 
Online Composite 
Application Form. 
10.  Every entrepreneur shall furnish an undertaking in such form, as may be prescribed at the 
time of submitting the duly completed online composite application form that he shall comply 
with the provisions of this Act and the rules made thereunder, and in case of non compliance of 
any provisions of the Act or rules made thereunder, the entrepreneur shall be liable to penalties as 
provided under section 15. 
Undertaking. 
11. (1) The Haryana Enterprises Promotion Centre and the District Industries Centre shall 
issue clearances within such time  limit, as may be prescribed after obtaining approval of the 
Haryana Enterprises Promotion Board, Empower ed Executive Committee or District Level 
Clearance Committee, as the case may be, failing which such clearances shall be deemed to have 
been issued. 
 (2) The entrepreneur may proceed to execute the work or take other action following 
the deemed clearance, but no t so as to contravene any of the pr ovisions of this Act or rules made 
thereunder. 
Deemed 
clearances. 
12.  The Industries and Commerce Department may notify industrial services relating to 
industrial promotion in the State under the Haryana Right to Service Act, 2014 (4 of 2014). 
Notified services. 
13. The State Government shall create a grieva nce redressal mechanism for resolving the 
grievances of the entrepreneurs. 
Grievance 
Redressal 
Mechanism. 
 
 
38 HARYANA  GOVT.  GAZ. (EXTRA.),  APR.  11,  2016  (CHTR.  22,  1938  SAKA)
 
 Appellate 
authority. 14.  (1) Any person aggrieved by the decision  of the Empowered Executive Committee may 
within a period of thirty days from the date of  receipt of communication of the decision of the 
Committee, appeal to the Haryana Enterprises Promotion Board in such manner, as may be 
prescribed. 
 (2) Any person aggrieved by the decision of the District Level Clearance Committee may 
within a period of thirty days from the date of  receipt of communication of the decision of the 
Committee appeal to the Empowered Executive Committee in such manner, as may be prescribed. 
 (3) The appellate authority shall after follow ing such procedure, as may be prescribed, 
dispose of the appeal within the period of one month from the date of its receipt. 
Penalties. 15.  Any entrepreneur who fails to comply with the conditions of undertaking, for the first 
instance of non-compliance shall be liable to pay fine which shall be fifty thousand rupees and for 
subsequent non-compliance, shall be liable to pay fine which may extend to one lakh rupees. 
Act to over-ride 
other laws. 
16. The provisions of this Act and the rules made thereunder shall have effect notwithstanding 
anything inconsistent therewith contained in any other State Law. 
Power to make 
rules. 
17.  (1) The State Government may, by notification, make rules to carry out the purposes of this 
Act. 
 (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before 
the House of the State Legislature while it is in session. 
Protection of 
action taken in 
good faith. 
18.  No suit or legal proceedings shall lie against the Chairman of the Haryana Enterprises 
Promotion Board, the Empowered Executive Comm ittee, the District Level Clearance Committee 
or other members of the Board or Committees or any officer or employee of such Board or 
Committees in respect of anything which is in good faith done or intended to be done under this 
Act or any rule made thereunder. 
Power to 
remove 
difficulties. 
19.  If any difficulty arises in giving effect to the provisions of this Act, the State Government 
may, by order, not inconsistent with the provisions of this Act, remove such difficulty. 
Repeal and 
savings. 
20. (1)  The Haryana Industrial Promotion Act, 2005 (6 of 2006), is hereby repealed. 
 (2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed 
shall be deemed to have been done or taken under the corresponding provisions of this Act.  
 
 
_____________ 
 
KULDIP JAIN, 
Secretary to Government Haryana, 
Law and Legislative Department. 
 
 
 
54245—L.R.—H.G.P., Chd. 
 
 
 
 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
APR
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PART 
-
 
I
 
HARYANA GOVERNMENT
 
LAW AND LEGISLATIVE 
DEPARTMENT
 
Notification
  
 
The 
5
th
 
April
, 20
2
1
 
No.
 
Leg.
 
1
4
/20
2
1
.
—
 
The following Act of the Legislature of the State of Haryana 
received the assent of the Governor of Haryana on the 31st March, 2021 and is here
by published 
for general information:
-
 
HARYANA ACT
 
NO. 
1
4
 
OF 20
2
1
 
 
THE HARYANA 
ENTERPRISES PROMOTIO
N
 
(AMENDMENT) ACT, 2021
 
A
N
 
ACT
 
further to amend the Haryana Enterprises Promotion Act, 2016.
 
Be it enacted by the Legislature of the State of Haryana in the 
Seventy
-
second
 
Year of the 
Republic of India as follows:
-
 
1.
 
This
 
Act may be called the Haryana Enterprises Promotion (Amendment) Act, 2021.
 
Short title.
 
2.
 
In section 2 of the Haryana Enterprises Promotion Act, 2016 (hereinafter called the 
principal Act)
,
-
 
(i)
 
after clause (b), the following clause shall be inserted, namely:
-
 
‘(ba)
 
“business entity” means an existing enterprise engaged in manufacturing, 
processing or rendering service which has been set up by an entrepreneur;’;
 
(ii)
 
for clause (c), the fo
llowing clause shall be substituted, namely:
-
 
‘(c)
 
“clearances” means grant or issue of no objection certificate, allotment, 
consent, approval, permission, registration, enrolment, license, authorization 
and renewal thereof by any authority in connection w
ith setting up of 
enterprise or expansion of existing enterprise or business entity in the 
State;’;
 
(iii)
 
for clause (i), the following clause shall be substituted, namely:
-
 
‘(i)
 
“enterprise” means an undertaking engaged in manufacturing, processing or 
bot
h or rendering service including software development and infrastructure 
development projects;’;
 
(iv)
 
after clause (l), the following clause shall be inserted, namely:
-
 
‘(la)
 
“Single Window System” means a setup under single roof comprising of 
officials fr
om various departments exercising powers of the concerned Head 
of the Department or official deputed as Empowered Officer to grant 
clearances to existing business entities and enterprises;’.
 
Amendment of 
section 2 of 
Haryana Act 6 of 
2016.
 
3.
 
In sub
-
secti
on (3) of section 3 of the principal Act,
-
 
(i)
 
in clause (vi), the word “and” existing at the end, shall be omitted;
 
(ii)
 
in clause (vii), for the sign “.” existing at the end, the sign “;” shall be substituted; 
and
 
(iii)
 
the following clause shall be adde
d at the end, namely:
-
 
“(viii)
 
to delegate any power exercisable by the Haryana Enterprise Promotion 
Board under this Act, to its Chairman or any other member of the Haryana 
Enterprise Promotion Board, subject to such conditions and limitations, as 
may be 
specified.”.
 
Amendment of 
section 3 of 
Haryana Act 6 of 
2016.
 
4.
 
In section 4 of the principal Act,
-
 
(i)
 
in sub
-
section (3),
-
 
(a)
 
in clause (viii), for the sign “.” existing at the end, the sign “;” shall be 
substituted; and
 
Amendment of 
section 4 of 
Hary
ana Act 6 of 
2016.
 
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(b)
 
the following clause shall be added at the end, namely:
-
 
“(ix)
 
to process online application forms for grant of clearances to existing 
business entities.”;
 
(ii)
 
after sub
-
section (5), the following sub
-
section shall be added, namel
y:
-
 
 
 
“(6)
 
To delegate any power exercisable by the Empowered Executive Committee 
 
under this Act, to its Chairman or any other member of the Empowered Executive 
 
Committee, subject to such conditions and limitations, as may be specified.”.
 
Amendment of 
s
ection 5 of 
Haryana Act 6 
of 2016.
 
5.
 
After sub
-
section (1) of section 5 of the principal Act, the following sub
-
section shall be 
inserted, namely:
-
 
 
 
“(1A)
 
The officials on deputation from various departments shall act as Nodal 
 
Officers in Haryana Enterp
rise Promotion Centre. The administrative department concerned 
 
shall make provision for delegating such powers, as necessary for enabling the said officer to 
 
discharge his function as Head of Department.”.
 
Amendment of 
section 6 of 
Haryana Act 6 
of 2016
.
 
6.
 
For sub
-
section (2) of section 6 of the principal Act, the following sub
-
section shall be 
substituted, namely:
-
 
 
 
“(2)
 
The objective of Bureau of Industrial Policy and Promotion shall be to policy 
 
outreach, continuous engagement with the industry in 
an ongoing basis, tracking investment 
 
proposals, investment promotion, obtaining user feedback, resolving issues relating to 
 
 
Non
-
Resident Indian and foreign direct investment, hand
-
holding investors and converting 
 
investment queries into investment com
mitments. The working procedure shall be as 
 
notified by the State Government from time to time.”.
 
Amendment of 
section 8 of 
Haryana Act 6 
of 2016.
 
7.
 
In sub
-
section (2) of section 8 of the principal Act,
-
 
 
(i)
 
in clause (iv), the word “and” existing at t
he end, shall be omitted; and
 
(ii)
 
for clause (v), the following clauses shall be substituted, namely:
-
 
 
“(v)
 
to process online application forms for grant of clearances to existing business 
entities;
 
  
(vi)
 
such other functions, as may be prescribed.”.
 
S
ubstitution of 
section 9 of 
Haryana Act 6 
of 2016.
 
8.
 
For section 9 of the principal Act, the following section shall be substituted, namely:
-
 
 
 
“9.
 
Online composite application form.
-
 
(1)
 
There shall be an online composite 
 
application form for the use of
 
entrepreneurs on the web portal of the Industries and 
 
Commerce Department for receiving online composite applications forms.  On receiving an 
 
application, the Haryana Enterprises Promotion Centre or the District Industries Centre shall 
 
collate, process
, secure clearances from the authorities in such manner, as may be 
 
prescribed. All the processing and clearances shall be given in respect of authority through 
 
the web portal.
 
 
 
(2)
 
For all clearances of business entities, online application forms shall 
be made 
 
available through single window on the web portal of Industries and Commerce Department. 
 
The business entities shall fill in application forms available on the web portal for grant of 
 
clearances.
 
 
 
(3)
 
From the commencement of this amendment Act
, all the concerned departments 
 
within thirty days shall publish their services online along with check lists and procedures. 
 
These departments shall align the timelines for granting these clearances as notified under 
 
this Act. They shall also secure fe
edback of the services from the entrepreneurs availing 
 
services.”.
 
 
Substitution of 
section 11 of 
Haryana Act 6 
of 2016.
 
9.
 
For section 11 of the principal Act, the following section shall be substituted, namely:
-
 
 
 
“11.  Deemed clearances.
-
 
(1) The Noda
l Officers in the Haryana Enterprises 
 
Promotion Centre and the District Level Clearance Committees shall decide applications 
 
within such time limit, as may be notified from time to time, after obtaining approval of the 
 
Empowered Executive Committee or t
he District Level Clearance Committee or the 
 
respective authorities exercising delegated powers, as the case may be, and grant clearances
 
 
or reject the applications giving reasons in writing, failing which such clearances shall 
 
 
be
 
 
deemed
 
 
to have 
 
bee
n issued by the competent authority 
 
as prescribed on the
 
following
 
 
day after expiry of the prescribed time limit. 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
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(2)
 
The entrepreneur or business entity may proceed to execute the work or take 
 
other 
 
action following the deemed clearance, but not so
 
as to contravene any of the 
 
provisions of the relevant Act or rules made thereunder.”.
 
 
10.
 
For section 12 of the principal Act, the following section shall be substituted, namely:
-
 
 
 
“12. Notified services.
-
  
The Industries and Commerce Department in c
onsultation 
 
with the concerned department, may notify various services and timelines for grant of 
 
clearances thereof relating to promotion of enterprises in the State, from time to time, 
 
under the Haryana Right to Service Act, 2014 (4 of 2014).”.
 
Substi
tution of 
section 12 of 
Haryana Act 6 of 
2016.
 
11.
 
For section 15 of the principal Act, the following section shall be substituted, namely:
-
 
 
 
“15.   Penalties.
-
  
(1)
 
Any enterprise whose application for a service is rejected or 
 
is delayed beyond the pre
scribed time limit, may file an appeal before the Deputy Chief 
 
Executive Officer, Haryana Enterprises Promotion Centre within thirty days from the date 
 
of rejection or expiry of prescribed time limit, as the case may be:
 
 
 
Provided that the Deputy Chief 
Executive Officer may admit the appeal after the 
 
expiry of thirty days, if he is satisfied that the appellant was prevented by sufficient cause 
 
from filing the appeal in time.
 
 
 
(2)
 
On receiving such appeal, Deputy Chief Executive Officer may either hims
elf 
 
or through the Chairman of the concerned District Level Clearance Committee to which 
 
the application pertains, or any other authority, as the case may be, call for necessary 
 
information and seek assistance in order to determine whether the applicati
on pertains to 
 
the official deputed by the concerned department in the Haryana Enterprises Promotion 
 
Centre (Nodal Officer) or the Designated Officer of the service notified by the concerned 
 
department under the Haryana Right to Service Act, 2014 (4 of 
2014) within a period of 
 
ten days of receipt of such appeal. The appeal shall then be forwarded to the first appellate 
 
authority as per the procedure defined in sub
-
section (3).
 
 
 
(3)
 
The mechanism for filing and processing of appeal and timelines for di
sposing 
 
off the appeals shall be such as defined in the Haryana Right to Service Act, 2014 
 
 
(4 of 2014). The Designated Officer, first appellate authority and second appellate 
 
authority as required under the Haryana Right to Service Act, 2014 (4 of 2014
) shall be 
 
determined as follows:
 
(a)
 
for all such cases pertaining to the official deputed by the concerned 
department in the Haryana Enterprises Promotion Centre, the Nodal Officer 
shall be considered as the Designated Officer, Chief Executive Officer s
hall 
be designated as the first appellate authority and the Chairman, Empowered 
Executive Committee setup under the Haryana Enterprises Promotion Act, 
2016 as the second appellate authority;
 
(b)
 
for all such cases pertaining to the Designated Officer of th
e service notified 
by the concerned department, under the Haryana Right to Service Act, 2014 
(4 of 2014), first appellate authority and second appellate authority shall be 
such as notified by the concerned department under the Haryana Right to 
Service Act,
 
2014 (4 of 2014).
 
 
 
(4)
 
The mechanism and amount of the penalties to be imposed in case of any 
 
default on the part of the Nodal Officer or Designated Officer, as the case may be, shall be 
 
as per 
 
the applicable provisions under the Haryana Right to Serv
ice Act, 2014 
 
 
(4 of 
 
2014).
 
 
 
(5)
 
Any entrepreneur who fails to comply with the conditions of undertaking, for 
 
the first instance of non
-
compliance shall be liable to pay fine which shall be fifty 
 
thousand rupees and for subsequent non
-
compliance, shal
l be liable to pay fine which may 
 
extend to one lakh rupees.”.
 
Substitution of 
section 15 of 
Haryana Act 6 of 
2016.
 
 
 
 
 
BIMLESH TANWAR
,
 
 
Administrative 
Secretary to Government
,
 
Haryana, 
 
 
Law and Legislative Department.
 
 
9
1
40
—
L.R.
—
H.G.P., 
Pkl
.
 
HARYANA   GOVT.   GAZ.   (EXTRA.),  SEPT.  6, 2021  (BHDR.  15, 1943   SAKA) 
 
191
 
PART-I 
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification 
The 6th September, 2021 
No. Leg.22/2021.— The following Act of the Legislature of the State of Haryana received 
the assent of the Governor of Ha ryana on the 4th September, 202 1 and is hereby published for 
general information:- 
HARYANA ACT NO. 22 OF 2021 
THE HARYANA ENTERPRISES PROMOTION (SECOND AMENDMENT) ACT, 2021 
AN 
ACT 
further to amend the Haryana Enterprises Promotion Act, 2016. 
Be it enacted by the Legislature of the State of Haryana in the  Seventy-second Year of the 
Republic of India as follows:- 
1. This Act may be called the Haryana Enterprises Promotion (Seco nd Amendment) Act, 2021. Short title. 
2. In section 2 of the Haryana Ent erprises Promotion Act, 2016,- 
(i) after clause (k), the following clauses shall be inserted, namely:- 
‘(ka) “medium enterprise” means the enterprise as defined under  c l a u s e  ( g )  o f  
section 2 of the Micro, Small and Medium Enterprises Developmen t  
Act, 2006 (Central Act 27 of 2006); 
(kb) “micro enterprise” means the enterprise as defined under c lause (h) of 
section 2 of the Micro, Small and Medium Enterprises Developmen t  
Act, 2006 (Central Act 27 of 2006);’; 
(ii) after clause (l), the follo wing clause shall be inserted, namely:- 
‘(ll) “small enterprise” means the enterprise as defined under clause (m) of 
section 2 of the Micro, Small and Medium Enterprises Developmen t  
Act, 2006 (Central Act 27 of 2006);’. 
Amendment of 
section 2 of 
Haryana Act 6  
of 2016. 
 
 
 
 
 BIMLESH TANWAR, 
 Administrative Secretar y to Government, Haryana,  
 Law and Legislative Department. 
 
 
 
 
9312—L.R.—H.G.P., Pkl. 
HARYANA   GOVT.   GAZ.   (EXTRA.),   JAN.  24,   2023 (MAGH.  4,  1944   SAKA) 
 
15
 
PART - I 
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification   
The 24th January, 2023 
No. Leg. 4/2023.— The following Act of the Legislature of the State of Haryana re ceived 
the assent of the Governor of Haryana on the 16th January, 2023  and is hereby published for 
general information:- 
HARYANA ACT NO. 4 OF 2023  
THE HARYANA ENTERPRISES PROMOTION (AMENDMENT) ACT, 2022 
AN 
ACT 
further to amend the Haryana Enterprises Promotion Act, 2016. 
Be it enacted by the Legislature of the State of Haryana in the  Seventy-third Year of the 
Republic of India as follows:- 
1. This Act may be called the Hary ana Enterprises Promotion (Amendment) Act, 2022. Short title. 
2. For clause (iv) of sub-section (3) of section 3 of the Haryana  Enterprises Promotion Act, 
2016, the following clause shall be substituted, namely:- 
“(iv) to approve any incentives, relaxations, exemptions or gra nt clearances on the 
recommendations of the Empowered Executive Committee in mega pr ojects and 
ultra mega projects beyond the  package of fiscal incentives und er any policy for 
industrial development or for indu strial development of any sec tor in force as 
notified by the State Government from time to time;”. 
Amendment of 
section 3 of 
Haryana Act 6 of 
2016. 
 
 
 BIMLESH TANWAR, 
 ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,  
 LAW AND LEGISLATIVE DEPARTMENT. 
 
 
10149—L.R.—H.G.P., Pkl. 

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