The JAMMU AND KASHMIR SINGLE WINDOW (INDUSTRIAL INVESTMENTS AND BUSINESS FACILITATION) ACT, 2018

SINGLE WINDOW (INDUSTRIAL
INVESTMENTS AND BUSINESS
FACILITATION) ACT, 2018
(Governor Act No. X 2018)
THE JAMMU AND KASHMIR SINGLE WINDOW
(INDUSTRIAL INVESTMENTS AND BUSINESS
FACILITATION) ACT, 2018
(Governor Act No. X 2018)
CONTENTS
Section.
CHAPTER I
Preliminary
1. Short title and commencement.
2. Definitions.
CHAPTER II
Constitution, Powers and Functions of District Level Single Window
Clearance Committee, Divisional Level Sinle Window Clearance
Committee and the Apex Project Clearance Committee
3. District Level Single Window Clearance Committee.
4. Divisional Level Single Window Clearance Committee.
5. Apex Project Clearance Committee.
CHAPTER III
Single Window Nodal Officer, Departmental Nodal Officer and their
Functions
6. Single Window Nodal Officer.
7. Functions of the  Single Window Nodal Officer.
8. Departmental Nodal Officer.
CHAPTER IV
Common Application Form, Sinle Window Web Portal and Self
Certification
9. Common Application Form.
10. Investment, Promotion and Facilitation Cell.
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FACILITA TION) ACT, 2018
Section.
11. Self Certification by the Applicants.
CHAPTER V
Investment Promotion and Facilitation Cell, its Role and Functions
12. Investment Promotion and Facilitation Cell.
13. Role and Functions of Investment Promotion and Facilitation Cell.
CHAPTER VI
Procedure for Granting Clearances and Deemed Clearances
14. Procedure for Granting Clearances.
15. Deemed Clearances.
16. Timelines for granting clearances.
CHAPTER VII
Miscellaneous
17. Inspections.
18. Protection of action in good faith.
19. Confidentiality.
20. Transitional Provisions.
21. Appeal.
22. Act to have an overriding effect.
23. Bar of Jurisdiction of  Civil Court.
24. Processing and disposal of applications.
25. Grievance Redressal Mechanism.
26. Power to make rules.
27. Removal of Difficulties.
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THE JAMMU AND KASHMIR SINGLE WINDOW
(INDUSTRIAL INVESTMENTS AND BUSINESS
FACILITATION) ACT, 2018
(Governor Act No. X 2018)
[Received the assent of the Governor on 24th September, 2018 and
published in the Government Gazette dated 24 th September, 2018.]
Enacted by the Governor in the Sixty-ninth Year of the Republic of India.
An Act to provide for speedy process of issuance of various licenses,
clearances, registrations and/or no objection certificates and their renewals
required for setting up and operation of industrial and business enterprises in
the State of Jammu and Kashmir with the aim of providing for an investor and
business friendly environment in the State and matters connected therewith or
incidental thereto.In exercise of the powers vested under Proclamation No.P-
1/18 of 2018  dated 20th June, 2018, the Governor is pleased to enact as
follows:––
CHAPTER I
Preliminary
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Single Window (Industrial Investments and Business Facilitation)
Act, 2018.
(2) It shall come into force at once.
2. Definitions.–– In this Act, unless the context, otherwise requires, ––
(1) “Act” means the Jammu and Kashmir Single Window (Industrial
Investments and Business Facilitation) Act, 2018 ;
(2) “Apex Project Clearance Committee” means the Committee
constituted under section 5;
(3) “Applicant” means a person including an entrepreneur, who himself
or on behalf of a legal entity, on being so authorised, makes an e-
application for grant of requisite clearances or renewal thereof for
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setting up or operation of an industrial enterprise, a business or its
expansion ;
(4) “Application” means e-application submitted on CAF by the
applicant through online single window portal of Jammu and
Kashmir ;
(5) “Clearances” mean grant or issue of no-objection certificate,
allotments, consents, approvals, permissions, registrations,
memorandum, enrolments, licenses and renewals thereof, by any
Competent Authority or authorities designated to grant such
clearances in connection with the setting up of an enterprise in the
State under the relevant laws and shall include all such clearances
required by an enterprise for its establishment and operation ;
(6) “CAF” means the prescribed Common Application Form required
to be filled in by the applicant/entrepreneur on single window web
portal of the State for requisite clearances ;
(7) “Committee” means the Apex Level Clearance Committee/
Divisional Level Committee/District Level Committee ;
(8) “Competent Authority” means any department, corporation,
statutory body or agency of the Central or State  Government, Halqa
Panchayat, Municipality or other Local Body, entrusted with the
powers and responsibilities of granting or issuance  of clearances
under any  law for the time being in force ;
(9) “Department” means any department or agency of the Government
of Jammu and Kashmir ;
(10) “District Level Single Window Clearance Committee” means the
Committee constituted under section 3 ;
(11) “Divisional Level Single Window Clearance Committee” means
the Committee constituted under section 4 ;
(12) “Departmental Nodal Officer” means the officer appointed under
section 14 ;
(13) “Director” means the Director of Industries and Commerce
Department, of the respective division ;
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(14) “Ease of Doing Business” means the Ease of Doing Business
initiative of the Department of Industrial Policy and Promotion,
Government of India ;
(15) “Enterprise” means a commercial unit engaged in manufacturing
or processing or both, or in providing of any service as defined
from time to time under the Micro, Small and Medium Enterprises
Development Act, 2006 (Central Act No. 27 of 2006) ;
(16) “Government” means Government of Jammu and Kashmir ;
(17) “Industrial/Service Unit” means Industrial/Service Unit as defined
by the Ministry of Commerce and Industries, Government of India
from time to time ;
(18) “Investment Promotion and Facilitation Cell” means a cell as
constituted under section  9 of this Act ;
(19) “Prescribed” means prescribed by rules made under this Act ;
(20) “Relevant  laws” means  Act, rules or regulations as may  be
prescribed ;
(21)  “Single Window Nodal Officer” means an officer appointed under
section 14 of this Act ;
(22) “Single Window Nodal Department” means Industries and
Commerce Department of Government of Jammu and Kashmir ;
(23) “State” means state of Jammu and Kashmir ;
(24) “Online Single Window Portal” or “Web Portal” means a web-portal
set up under section 13 of this Act ; and
(25) “Time line” means timelines as prescribed for granting specified
clearance(s) under the Jammu and Kashmir Public Service
Guarantee Act, 2011 or as may be prescribed under any law for the
time being in force.
CHAPTER II
Constitution, Powers and Functions of District Level Single Window
Clearance Committee, Divisional Level Sinle Window Clearance
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Committee and the Apex Project Clearance Committee
3. District Level Single Window Clearance Committee. ––(l) The
Government may constitute a District Level Single Window Clearance
Committee for each district which shall consist of,—
S. No Officer to be member of the District Level Designation
Single Window Clearance Committee
1 2 3
1. General Manager, District Industries Sector Chairman
(DIC) concerned
2. Superintending Engineer, EM&RE Wing, Member
Power Development Department Concerned
3. District Representative of State Pollution Member
Control Board
4. Estate Manager, SIDCO/SICOP as the case Member Secretary
may be
(2) The District Level Single Window Clearance Committee shall exercise
the following powers and functions :––
(i) to receive application(s) for clearance(s) for setting up industrial/
service unit with proposed investment  as may be notified by the
Government from time to time ;
(ii) to meet at such time and places at least once in a month as the
Chairman of the Committee may decide and shall transact business
as per the procedure as may be prescribed ;
(iii) to issue the required clearance(s) on behalf of different Competent
Authorities in respect of the applications received on Online Single
Window Portal within the time lines subject to compliance(s) by
the entrepreneur of the provisions of applicable laws and the  rules
made thereunder ;
(iv) to review all applications pending beyond timelines with various
Competent Authorities. The list of pending applications may be
procured from the Online Single Window Portal ;
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(v) to direct the concerned District Level Competent Authorities for
taking decision on applications pending beyond the prescribed
timelines ;
(vi) to scrutinize  cases where delay has occurred and if found wilful,
the Divisional Level Single Window Clearance Committee may
recommend appropriate disciplinary action  against the concerned
Competent Authority ;
(vii) to take all necessary steps to facilitate industrial investments in the
district which includes review of Investment Intentions and shall
send report to the Apex Project Clearance Committee through
Investment Promotion and Facilitation Cell ;
(viii) to recommend policy level suggestions to the Divisional Level
Single Window Clearance Committee to improve the investment
atmosphere of the State ;
(ix) to review and monitor the processing of applications by the District
Level Competent Authorities ;
(x) to inform an applicant of the receipt of the application by a
Competent Authority and convey the date on which such application
has been approved or rejected ;
(xi) to invite Competent Authorities or experts, who are not members
of the Committee, as special invitees at any meeting of the District
Level Single Window Clearance Committee as desired by the
Chairman or the Member-Secretary of the Committee ;
(xii) a Member of the District Level Single Window Clearance
Committee shall attend the meeting convened under clause (ii)
personally and in case he is unable to attend the meeting, he may
depute a senior level officer with a written authorization to take
appropriate decision in the meeting ;
(xiii) the District Level Single Window Clearance Committee may  suo
motu or on a reference, examine an order passed by a Competent
Authority, rejecting any clearance or approving it with modification,
and if the Committee considers that there are valid grounds for a
change in such decision, it shall forward such case to the Divisional
Level Single Window Clearance Committee with remarks and
relevant documents for a decision ; and
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(xiv) such other powers and functions as may be prescribed.
4. Divisional Level Single Window Clearance Committee. ––(1) The
Government may constitute a Divisional Level Single Window Clearance
Committee for each district which shall consist of :––
S. No. Officer to be member of the Divisional Level Designation
Single Window Clearance Committee
1 2 3
1. Director, Industries and Commerce, Chairman
concerned
2. Chief Engineer, EM&RE Wing, Power Member
Development Department concerned
3. Representative of State Pollution Member
Control Board
4. Managing Director, SIDCO Member
5. Managing Director, SICOP Member
6. Representative of the Industrial Member
Association concerned
7. General Manager of the DIC Member Secretary
concerned
(2) The Committee shall exercise the following powers and functions:––
(i) to receive application(s) for clearance(s) for setting up industrial/
service unit with proposed investment as may be notified by the
Government from time to time ;
(ii) to meet at such time and place at least once in a month as the
Chairman of the Committee may decide and shall transact its
business as per such procedure as may be prescribed ;
(iii) to monitor and review the progress of granting required clearances,
the status of sanctioned projects, difficulties being faced in granting
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clearance(s),  the functioning of Online Single Window Portal and
working of  Investment Promotion and Facilitation Cell ;
(iv) to inform an applicant of the date on which the application was
received by the Competent Authority and the date on which such
application has been approved or rejected ;
(v) to invite Competent Authorities or experts, who are not members
of the Committee as special invitees  at any meeting of the State
Committee as desired by the Chairman or the Member-Secretary
of the Committee ;
(vi) to review all applications and grievances pending beyond the time
lines and give directions to the Competent Authority to take
necessary action ;
(vii) to ask for reasons of delay and call for necessary information and
personal appearance of the Competent Authority where applications
and grievances are pending beyond the prescribed timelines ;
(viii) after performing necessary inquiry, may recommend action against
the Competent Authority if the Committee is of the opinion that
there is wilful default in delaying the approval process of
applications and grievances ;
(ix) to appoint a senior officer to inquire into the reasons of delay in
disposal of applications by the Competent Authority or the
grievances raised by the applicant ;
(x) a Member of the Divisional Level Single Window Clearance
Committee shall attend the meeting convened under clause (ii)
personally and in case he is unable to attend the meeting, he may
depute a senior level officer with a written authorization to take
appropriate decision in the meeting ;
(xi) The Divisional Level Single Window Clearance Committee shall
examine all cases referred to it by the District Level Single Window
Clearance Committee and pass appropriate orders :
Provided that the cases which are beyond the competence of
Divisional Level Single Window Clearance Committee shall be
referred to Apex Project Clearance Committee for decision ;
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(xii) The Divisional Level Single Window Clearance Committee may,
either suo motu or on a reference, examine an order passed by a
Competent Authority, rejecting any clearance or approving it with
modification or the grievances relating to technical, procedural or
other issues relating to disposal of any application, and if the
Divisional Level Single Window Clearance Committee considers
that there are valid grounds for a change in such decision, it shall
forward such case to the Apex Project Clearance Committee with
remarks and relevant documents  for a decision; and
(xiii) such other powers and functions as may be prescribed.
5. Apex Project Clearance Committee. ––(1) The Government may
constitute a Apex Project Clearance Committee for each district which shall
consist of,––
S. No Officer to be member of the Apex Project Designation
Clearance Committee
1. Chief Secretary, Jammu & Kashmir Chairman
2. Administrative Secretary, Industries and Member
Commerce Department
3. Administrative Secretary, Power Member
Development Department
4. Administrative Secretary, Forest Department Member
5. Administrative Secretary, Housing and Member
Urban Development Department
6. Chairman J&K Pollution Control Board Member
7. Director, Industries and Commerce, concerned Member
8. Managing Director, JKDFC Member
9. Managing Director, J&K, SIDCO Member-Secretary
10. Representative of Industrial Association Member
concerned
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(2) The Apex Project Clearance Committee shall exercise the following
powers and perform the following functions, namely :––
(i) to receive application(s) for clearance(s) for setting up industrial/
service unit with proposed investment value as may be notified by
the Government from time to time ;
(ii) to meet at such time and place at least once in a month as the
Chairman of the Committee may decide and shall transact its
business as per such procedure as may be prescribed ;
(iii) to review and monitor the processing of applications by the
Competent Authorities, the Divisional Level Single Window
Clearance Committee and the District Level Single Window
Clearance Committee ;
(iv) to invite Competent Authorities or experts, who are not members
of the Committee as special invitees at  any meeting of the State
Committee as desired by the Chairman or the Member-Secretary
of the Committee ;
(v) to review applications and grievances pending beyond the timelines
and give direction to the Competent Authority to take necessary
action ;
(vi) to ask for reasons of delay and may call for necessary information
and personal appearance of Competent Authority where
applications and grievances are pending beyond the prescribed
timelines ;
(vii) after performing necessary inquiry, recommend action against the
Competent Authority if the Committee is of the opinion that there
is wilful default in delaying the approval process of applications
and grievances ;
(viii) to appoint a senior officer to inquire into the reasons of delay in
disposal of applications by the Competent Authority or the
grievances raised by the applicant ;
(ix) to review the industrial investment of the State and make necessary
recommendations to the Investment Promotion and Facilitation
Cell ;
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(x) a Member of the Apex Project Clearance Committee shall attend
the meeting convened under clause (ii) personally and in case he is
unable to attend the meeting, he may depute a senior level officer
with a written authorization to take appropriate decision in the
meeting ;
(xi) the decision taken by the Apex Project Clearance Committee shall
be binding on the District/Divisional Level Single Window
Clearance Committee and the Competent Authorities ;
(xii) to examine all cases referred to it by the Divisional Level Single
Window Clearance Committee and pass appropriate orders ;
(xiii) the orders passed by the Apex Project Clearance Committee shall
be final and binding on the Divisional Level Single Window
Clearance Committee, the District Level Single Window Clearance
Committee and the Competent Authorities ;
(xiv) the Apex Project Clearance Committee may suo  motu or on a
reference, examine any order passed by the Divisional Level Single
Window Clearance Committee or the District Level Single Window
Clearance Committee  and pass an appropriate order as it deems
fit and such order shall be final ; and
(xv) such other powers and functions as may be prescribed.
CHAPTER III
Single Window Nodal Officer, Departmental Nodal Officer and their
Functions
6. Single Window Nodal Officer.–– The Director of Industries, Kashmir/
Jammu shall be the Single Window Nodal Officer as the case may be. The
Government shall also appoint or designate any other officer(s), not below the
rank of the Joint Director, to assist the Single Window Nodal Officer for
discharging the functions as specified in this Act. The Single Window Nodal
Officer and other officers appointed or designated under this section shall
undertake the investment promotional activities and render necessary guidance
and assistance to the entrepreneurs to set up industrial/service unit in the State.
7. Functions of the  Single Window Nodal Officer.–– The powers and
functions of the  Single Window Nodal Officer shall be––
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(1) to receive e-application and forward the same to the Departmental
Nodal Officer of the Department concerned for approval by the
Competent Authority ;
(2) to place all the proposals before the appropriate Committee
constituted under the Act for setting up of new industrial/service
unit or expansion of the existing unit for decision ;
(3) to co-ordinate with all the Departmental Nodal Officers in
accordance with the procedure prescribed to obtain required
clearances ;
(4) to provide all necessary assistance to the applicant(s) to set up
industrial/service unit in the State ;
(5) to co-ordinate all efforts for promoting investments and other
related activities in the State ;
(6) to act as a Competent Authority to sign all documents, approvals,
sanctions or instructions required to be issued to the entrepreneur ;
(7) to monitor investments in various projects for which the approval
has been granted by the appropriate Committee constituted under
the Act ;
(8) to prepare and submit yearly progress reports to the State
Government ; and
(9) to perform any other job assigned by Apex Project Clearance
Committee or the Government, as the case may be.
8. Departmental Nodal Officer. ––(1) The Administrative Secretary of
concerned department(s) shall designate Departmental Nodal Officer for Single
Window Clearance Committee(s) at Divisional and District levels.
(2) The Departmental Nodal Officer shall be the single point of contact
for the  Investment Promotion and Facilitation Cell for granting clearance(s).
(3) The Departmental Nodal Officers as members representing various
Competent Authorities shall proceed to issue the required clearance within the
timeline subject to compliance  of  various provisions of the applicable Central
or State Acts and the rules made thereunder, by the entrepreneur.
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(4) For the purpose of this Act, the Departmental Nodal Officer shall
work under the supervision of the Single Window Nodal Officer.
CHAPTER IV
Common Application Form, Sinle Window Web Portal and Self
Certification
9. Common Application Form. ––(1) The Common Application Form
shall be used to file e-applications, along with fees, as shall be prescribed, in
lieu of existing multiple forms being used under various laws. All concerned
Competent Authorities shall accept such e-applications for processing and
granting requisite clearances.
(2) The Common Application Form shall be in a format as   prescribed
from time to time.
(3) Non-refundable processing fees of the Common Application Form
shall be prescribed based on the quantum of investment. These charges may
be revised by the Government from time to time. The charges so collected
shall be accrued in an account, to be maintained and operated by the Investment
Promotion and Facilitation Centre and shall be used for meeting all such
expenses as are required to implement the Act.
(4) Collected fee shall be deposited online with the concerned
Department/ Board to the extent prescribed.
(5) All Departments or Competent Authorities concerned shall accept
such application forms for processing and issue of required clearance.
10. Investment, Promotion and Facilitation Cell.–– The Investment,
Promotion and Facilitation Cell shall maintain and operate a web-portal for
filing of e-applications, for grant of clearances and for setting up an industrial/
service unit in the State under various applicable laws. All the Competent
Authorities  shall be connected online enabling them to sanction the clearances
online.
11. Self Certification by the Applicants. ––(1) In order to comply with
the provisions of the relevant  laws, every applicant shall furnish requisite
information with self-certification, in such form as shall be prescribed, at the
time of submitting the e-application.
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(2) The self-certification furnished as per sub-section (1) by the applicants
shall be accepted by the Competent Authority for the purpose of granting of
clearances and giving other benefits to the applicants.
CHAPTER V
Investment Promotion and Facilitation Cell, its Role and Functions
12. Investment Promotion and Facilitation Cell. ––(1) The Government
shall set up an Investment Promotion and Facilitation Cell in the Directorate
of Industries to provide support to various Single Window Clearances
Committee constituted under the Act. The Cell will also act as a centre, for
handholding and supporting the applicants or budding entrepreneurs.
(2) The General Managers of the concerned District Industries Centre of
Department of Industries and Commerce at the district and local level will act
as local nodes of Investment Promotion and Facilitation Cell for disposing of
all investment proposals in the State received through the Common Application
Form. The Cell shall work with the Officers of the Industries Department across
the State to establish a State wide hub which will address business concerns
and issues collectively.
13. Role and Functions of Investment Promotion and Facilitation Cell. ––
(1) The Investment Promotion and Facilitation Cell will be responsible for
receiving the e-applications, their subsequent processing as per the procedure
laid down in this Act and take the proposals to the Apex Project Clearance
Committee or the Divisional Level Single Window Clearance Committee or
the District Level Single Window Clearance Committee, as the case may be.
(2) The Investment Promotion and Facilitation Cell will function as a
project approval, monitoring and implementation group, which will act as a
single focal point of interface between applicants and the Government
Departments for facilitating the new investment proposal(s), providing
necessary assistance for setting of the projects approved by Apex Project
Clearance Committee or the Divisional Level Single Window Clearance
Committee or the District Level Single Window Clearance Committee assisting
the applicants in obtaining required clearances from the Departments
concerned, in a time bound manner.
(3) The Investment Promotion and Facilitation Cell will co-ordinate with
all Departments through concerned Departmental Nodal Officer or with the
officers of the Competent Authority deputed with the Cell to help in
implementation of the projects on ground.
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(4) The Investment Promotion and Facilitation Cell will also provide
handholding support to the industrial/service units in resolving any functional
difficulties throughout their lifecycle.
(5) The Investment Promotion and Facilitation Cell may set up and
maintain a help-line number and grievance redressal mechanism to facilitate
entrepreneurs and redress their grievances.
(6) The Investment Promotion and Facilitation Cell will issue Incentive
Eligibility Certificate, wherever required, and help the applicants in applying
for admissible incentives, concessions and facilities thereof.
(7) The Investment Promotion and Facilitation Cell shall facilitate the
functioning of industrial/service unit established in the State and present yearly
report to Apex Project Clearance Committee and the Divisional Level Single
Window Clearance Committee.
(8) The Investment Promotion and Facilitation Cell will maintain an
integrated web portal for providing relevant online sectoral information as
well as approvals to the potential investors such as Land-Banks, the State
Policies, Incentives, etc.
(9) The Investment Promotion and Facilitation Cell may organize
workshops, seminars, investment promotion activities outside the State or
abroad,  to promote investment in the State.
(10) The Investment Promotion and Facilitation Cell will exercise all or
any specific powers or functions assigned by Apex Project Clearance
Committee or the State Government from time to time.
CHAPTER VI
Procedure for Granting Clearances and Deemed Clearances
14. Procedure for Granting Clearances.–– Notwithstanding anything
contained in any other law, the following procedure shall be followed by the
applicants and all Departments for granting clearances subject to such
modification as may be notified by Government from time to time for setting
up of industrial/service unit(s) in the State :––
(1) all applicants shall apply through integrated e-applications (CAF) ;
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(2) all e-applications shall be assigned a reference number by the
system automatically which shall be used by the applicants to check
the status  online ;
(3) the applicants shall be kept informed at all stages of processing of
applications by way of Short Message Service (SMS) or email or
both ;
(4) e-applications, complete in all respects, received by the Single
Window Nodal officer shall be initially examined by him at the
Investment Promotion and Facilitation Cell ;
(5) the e-applications shall thereafter be forwarded electronically to
the concerned Departmental Nodal Officer ;
(6) the Departmental Nodal Officer shall access the e-application
through the web-portal, the link of which shall be made available
to him by the Investment Promotion and Facilitation Cell ;
(7) the Competent Authority shall also notify the procedure to grant
the required clearances and publish the same in their respective
departmental websites ;
(8) the Departmental Nodal Officer shall be assisted by such officials,
as shall be provided to him, by his parent Department ;
(9) the approvals by the Departmental Nodal Officer shall be sent
electronically to the Single Window Nodal Officer and shall be
accessible by the applicants also ;
(10) the observations, if any, by the Departmental Nodal Officer shall
be sent electronically to the Single Window Nodal Officer within
five days of receipt of application on Single Window Portal and
shall be accessible to the applicants on the same day ;
(11) the applicants, in case of observations, shall send their reply to the
Single Window Nodal Officer who shall forward the same to the
concerned Departmental Nodal Officer. All observations of the
Department shall be conveyed by the Departmental Nodal Officer
in one go. Any subsequent clarification(s), if found absolutely
necessary, shall be obtained and settled within seven working days,
and the final decision shall be conveyed to the Single Window Nodal
Officer within the time period specified ;
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(12) while processing and granting clearance, the Competent Authority
shall ask for any additional information from the applicants :
Provided that such additional information shall be sought by
the Competent Authority within the period prescribed for granting
such clearance and that any additional information shall be called
for only once ;
(13) in case, additional information is sought for clearance (s), e-
application shall be disposed of within the stipulated period, which
shall be counted from the date of receipt of the additional
information ;
(14) the e-applications shall be disposed of at the earliest and under no
circumstances later than such period, as shall be prescribed ;
(15) in case of rejection of e-application by the Departmental Nodal
Officer, the same shall be conveyed within given time frame to the
Single Window Nodal Officer, by giving detailed reasons of
rejection ;
(16) the approval shall be conveyed by the Departmental Nodal Officer
electronically to the applicant(s) and the clearance letter duly signed
electronically or manually shall be uploaded on the web portal for
information and downloading ; and
(17) provision shall also be made in the web portal for verification of
clearance(s) for which the applicant(s) shall be liable to make
payments as prescribed from time to time.
15. Deemed Clearances. ––(1) In case, the Departmental Nodal Officer
or the Competent Authority does not respond to the application forwarded by
the Single Window Nodal Officer or the Investment Promotion and Facilitation
Cell, within the prescribed timeline, the requisite clearances applied for by
the applicant shall be deemed to have been granted and no further objection
will be raised :
Provided that if at a later stage it is found that any information submitted
by the applicant is false, the deemed approval shall be revoked.
(2) A Clearance Certificate under the sub-section (1) shall be issued to
the applicant by the concerned Department through the Departmental Nodal
Officer, after obtaining the fee as may be prescribed.
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(3) The granting of Deemed Clearance under sub-section (1) shall be
binding on the concerned Departments.
16. Timelines for granting clearances. ––(1) All new proposals or
proposals for expansion of existing industrial/service unit which need
clearances under one or more of the applicable laws shall be eligible to apply
under this Act.
(2) For all clearances, the Departmental Nodal Officer shall process such
applications, as and when received by him, within the time-line as may be
prescribed by the Government in this regard.
CHAPTER VII
Miscellaneous
17. Inspections. ––(1) Inspections under the relevant laws or the rules
made thereunder by the different Authorities shall be conducted jointly.
(2) The Department may conduct inspection based on computerized risk
assessment prescribed under the relevant Act or the rules made thereunder.
However, the inspection in respect of the complaints may be conducted under
the authorization of the Head of the Department.
(3) Surprise inspections may be conducted with the specific permission
of the concerned Department.
18. Protection of action in good faith.–– No suit, prosecution or other
legal proceedings shall lie against the Chairperson or the members of the
Committees constituted under the Act or any employee of the Government for
an Act done in good faith, under this Act or any rule made thereunder.
19. Confidentiality.–– No agency or authority of the Government or, any
local authority, including any functionaries thereunder, shall disclose to any
other applicant or to a person not duly authorized, any information forming
the intellectual property of the investor without the consent of such investor :
Provided that all information in respect of the terms and conditions of
the investment made in the State and the facilities, if any, provided to the
investor by the Government or Competent Authority shall be notified by the
Government, for information of the public.
198 SINGLE WINDOW (INDUSTRIAL INVESTMENTS AND BUSINESS
FACILITA TION) ACT, 2018
20. Transitional Provisions.–– The provisions of this Act shall apply to
all investment proposals that are under consideration of the Government or
Competent Authority on the date of commencement of this Act.
21. Appeal.–– Any applicant aggrieved by the orders  of––
(i) The District Level Clearance Committee constituted under the Act
shall file an appeal to Divisional Level Single Window Clearance
Committee within thirty days from the date of the receipt of the
order ;
(ii) The Divisional Level Single Window Clearance Committee
constituted under the Act shall file an appeal to  Apex Project
Clearance Committee within thirty days from the date of the receipt
of the order.
22. Act to have an overriding effect.–– The provisions of this Act shall
have effect notwithstanding anything inconsistent contained in any other State
law, for the time being in force :
Provided that fine, penalty or duty etc., if any, shall be imposed as per
provisions of such applicable laws.
23. Bar of Jurisdiction of  Civil Court.–– No Civil Court shall have
jurisdiction to entertain any suit on any matter relating to clearance of Industrial
Investment or against any order issued under the provisions of this Act.
24. Processing and disposal of applications.–– Subject to the provisions
of the relevant law for the time being in force,––
(a) The Government may prescribe the manner of processing and
disposal of applications ;
(b) The Competent Authority may ask for additional information before
the expiry of the period stipulated for the disposal of such clearance
through Single Window Nodal Officer with advance copy of the
same to the applicant :
Provided that the Competent Authority shall ensure that all the
required information is asked for together in a single communication
for avoiding delay in clearance and unnecessary harassment to the
applicant ;
SINGLE WINDOW (INDUSTRIAL INVESTMENTS AND BUSINESS 199
FACILITA TION) ACT, 2018
(c) After receipt of the additional information, the Competent Authority
shall pass an order on the application before the expiry of the
prescribed time limit from the date of receipt of such additional
information ;
(d) The District Level Single Window Clearance Committee may suo-
motu or on a reference, examine any order passed by any Competent
Authority, pertaining to this Act rejecting any clearance or
approving it with modification, and if the Committee considers that
there are valid grounds for a change in such decision, it shall forward
such case to the Divisional Level Single Window Clearance
Committee with remarks and relevant documents for a decision ;
(e) The Divisional Level Single Window Clearance Committee shall
examine all cases referred to it by the District Level Single Window
Clearance Committee and pass appropriate orders ;
(f) The decision taken by the Apex Project Clearance Committee shall
be binding on the District/Divisional Level Single Window
Clearance Committee and the Competent Authorities ;
(g) Subject to the provisions of any relevant law for the time being in
force, the Divisional Level Single Window Clearance Committee
may suo motu or on a reference, examine any orders passed by the
District Committee and pass appropriate orders as it deems fit and
such orders shall be final ;
(h) The Divisional Level Single Window Clearance Committee may
suo-motu or on a reference, examine any order passed by any
Competent Authority, pertaining to this Act rejecting any clearance
or approving it with modification or the grievances relating to
technical, procedural or other issues relating to disposal of any
application, and if the Divisional Level Single Window Clearance
Committee considers that there are valid grounds for a change in
such decision, it shall forward such case to the Apex Project
Clearance Committee with remarks and relevant documents  for a
decision ;
(i) The Apex Project Clearance Committee shall examine all cases
referred to it by the Divisional Level Single Window Clearance
Committee and pass an appropriate order.
200 SINGLE WINDOW (INDUSTRIAL INVESTMENTS AND BUSINESS
FACILITA TION) ACT, 2018
25. Grievance Redressal Mechanism.–– The Government may notify a
mechanism for redressal of grievances arising out of and in relation to Single
Window Clearance for industrial investments and business facilitation under
the provisions of this Act.
26. Power to make rules. ––(1) The Government may, by notification,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any of the matters expressly
required or allowed by this Act to be prescribed by rules.
(3) All rules made under this section shall be laid before the State
Legislature within thirty days and shall be subject to rescission by the State
Legislature or to such modification as the State Legislature may make during
the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall
be published in the Government Gazette, and shall there upon take effect.
27. Removal of Difficulties. ––(1) If any difficulty arises in giving effect
to the provisions of this Act, the State Government may, by order, make such
provisions as are  necessary or expedient for removing the difficulty :
Provided that no such order shall be made under this section after the
expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be,
after it is made, before the State Legislature.
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