LexThe Maharashtra Industry, Trade and Investment Facilitation Act, 2023.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2023 : Mah. XXXIV] 1
THE MAHARASHTRA INDUSTRY, TRADE AND INVESTMENT
FACILITATION ACT, 2023
[Text as on 11th December 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Filing of application.
4. Disposal of application.
5. Transfer of application.
6. Constitution of Empowered Committee.
7. Powers of Empowered Committee.
8. Functions of Empowered Committee.
9. Decisions of Empowered Committee to be binding.
10. Constitution of Supervisory Committee.
11. Powers of Supervisory Committee.
12. Functions of Supervisory Committee.
13. Decisions of Supervisory Committee to be binding.
14. Nodal Agency.
15. Functions of Nodal Agency.
16. Rationalization of inspections.
17. Expenses.
18. Time limits.
19. Power to levy fees.
20. Online Wizard Module.
21. Public consultation on draft policies, rules and regulations.
22. Confidentiality.
23. Power to give directions.
24. Transitional provisions.
25. Overriding effect.
26. Protection of action taken in good faith.
27. Power to make rules.
28. Power to remove difficulty.
29. Repeal of Mah. Ord. IV of 2023 and saving.
2 The Maharashtra Industry, Trade [2023 : Mah. XXXIV
and Investment Facilitation Act, 2023
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and Investment Facilitation Act, 2023
MAHARASHTRA ACT No. XXXIV OF 20231
[THE MAHARASHTRA INDUSTRY, TRADE AND INVESTMENT
FACILITATION ACT, 2023.]
[This Act received the assent of the Governor on the 11th August 2023; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 42, Part IV, on the 14th August 2023.]
An Act to create an effective Single Window System for delivery of services
related to issuing of permissions required for establishing and
operating industries; to enhance State’s competitiveness on trade and investments;
to develop an ecosystem to ensure Ease of Doing Business including grievance
redressal mechanism in the State; and to develop and maintain
a portal for providing all necessary information required for
investment in the State of Maharashtra and for the matters
connected therewith or incidental thereto.
WHEREAS it is expedient to enact a law to create an effective Single Window System for
delivery of services related to issuing of permissions required for establishing and operating industries;
to enhance State’s competitiveness on trade and for investments; to develop an ecosystem to ensure
Ease of Doing Business including grievance r edressal mechanism in the State ; and t o develop and
maintain a portal for providing all necessary information required for investment in the State of
Maharashtra and for the matters connected therewith or incidental thereto;
WHEREAS, both Houses of the State Legislature were not in session;
AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to make a law for the purposes aforesaid and,
therefore, promulgated the Maharashtra Industry, Trade and Investment Facilitation Ordinance, 2023
(Mah. Ord. IV of 2023) on the 3rd July 2023;
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State
Legislature; it is hereby enacted in the Seventy-fourth Year of the Republic of India as follows :––
1. Short title and commencement. — (1) This Act may be called the Maharashtra Industry,
Trade and Investment Facilitation Act, 2023.
(2) It shall be deemed to have come into force on the 3rd July 2023.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Competent Authority” means any officer or authority, of any Department or agency of
the Government, Local Authority, State owned Corporation or any other authority or agency
constituted or established under any Act or rules or under administrative control of the
Government, competent to issue permissions for setting up or operating an industrial undertaking
in the State, including any officer or authority of statutory licensees providing uti lities to
industrial undertakings;
(b) “Empowered Committee” means the Empowered Committee constituted under
section 6;
(c) “entrepreneur” means a person or body of persons or a company, having majority
investment or controlling interest in an industrial undertaking;
(d) “Government” means the Government of Maharashtra;
(e) “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;
1 For Statement of Objects and Reasons of the L. A. Bill No. XXII of 2023 , see Maharashtra Government Gazette 2023,
Extraordinary No. 22, Part V-A, dated the 18th July 2023, pages 9-10.
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and Investment Facilitation Act, 2023
(f) “investor” means any person who invests capital in the State in any new industrial
undertaking or in any existing industrial undertaking for expanding, modernizing or diversifying
with the intent of securing income or profit;
(g) “Nodal Agency” means the Nodal Agency declared under section 14;
(h) “permission” means any approval, no-objection certificate, clearance, allotment, consent,
registration, enrolment, license or the like, by any Competent Authority in connection with the
setting up or operating an industrial undertaking in the State and includes all such permissions as
are required under any relevant law;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “relevant law” means any Act, rules, regulations or any other statutory instrument which
is relevant for setting up or operating an industrial undertaking in the State;
(k) “Secretary” includes the Principal Secretary or the Additional Ch ief Secretary to the
Government;
(l) “Single Window Sy stem” means the Single Window state -level web -enabled online
portal or platform meant for submission and processing of applications for permissions requir ed
by an industrial undertaking;
(m) “specified time limit” means the time limit specified under the Maharashtra Right to
Public Services Act, 2015 (Mah. XXXI of 2015) or any other relevant law within which it is
mandatory to process and dispose off the applications for permissions;
(n) “State” means the State of Maharashtra;
(o) “Supervisory Committee” means the Supervisory Committee constituted under
section 10.
3. Filing of application. — (1) An entrepreneur or investor or any other person duly authorised
by entrepreneur or investor, desiring to set up a new industrial undertaking or continuing opera tion of
an existing industrial undertaking in the State, may make an application to obtain such permissions
required therefor under the relevant law as the State Government may by notification in the Official
Gazette specify, in electronic form, through the Single Window System.
(2) Any such application under sub -section (1) shall be accompanied by such processing fees, as
may be prescribed.
4. Disposal of application. — (1) The Competent Authority shall, on receipt of an application
made under sub-section (1) of section 3 through the Single Window System, take necessary action as
per the provisions of the relevant law.
(2) The Competent Authority may obtain additional information from the applicant, if required,
for disposal of such application within specified time limit.
(3) The Competent Authority shall take decision on such application within the specified time
limit. If such application is rejected, the Competent Authority shall specify the reasons for such
rejection.
5. Transfer of application. — (1) Notwithstanding anything contained in relevant law, if the
Competent Authority fails to dispose off an application within specified time limit, then the Nodal
Agency shall transfer such application to the Empowered Committee for taking necessary action u nder
the relevant law:
Provided that, only those applications, for which the powers for disposal of applications under the
relevant law are conferred on the competent authorities under the State Government, shall be
transferred to the Empowered Committee.
(2) On transfer of the application under sub -section ( 1) to the Empowered Committee, the
Competent Authority shall cease to have the powers to deal with such application under the relevant
law.
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and Investment Facilitation Act, 2023
(3) The Empowered Committee shall dispose off such application as per the provisions of the
relevant law.
6. Constitution of Empowered Committee. — (1) There shall be Empowered Committee
consisting of Development Commissioner (Industries), Government of Maharashtra, as a Chairman and
such other members, as may be prescribed.
(2) The Empowered Committee shall meet at such times and at such places and shall adopt such
procedure to transact its business, as may be prescribed.
7. Powers of Empowered Committee. — The Empowered Committee shall have the following
powers, namely :—
(a) to consider and dispose off applications for permission under any relevant law in cases
where the Competent Authority has failed to process and dispose off such applications, within the
specified time limit;
(b) to invite any officer or expert as it deems necessary, to participate in the meetings of the
Empowered Committee;
(c) to ask for reason for delay in disposal of application or rejection of application and to
call for necessary information and to require personal appearance of conce rned Competent
Authority;
(d) to appoint any officer to inquire into the reason for delay in disposal of applications by
the Competent Authority or the grievances raised by the applicant;
(e) such other powers as may be prescribed.
8. Functions of Empow ered Committee.— (1) The Empowered Committee shall perform the
following functions, namely :—
(a) to supervise the work of Nodal Agency and to issue necessary directions to it for
meeting the objectives of this Act;
(b) to supervise the functioning of Single Window System and review the status of all
applications from time to time;
(c) to review all applications pending beyond specified time limit and to pass appropri ate
orders for disposal thereof;
(d) to formulate guidelines and Standard Operating Procedures required for an effective
implementation of the Single Window System;
(e) to give directions to the concerned Departments and authorities for online enablement of
Government services and their integration with the Single Window System;
(f) to make policy recommendations to the Supervisory Committee as it deems appropriate
and to develop an ecosystem to ensure Ease of Doing Business and to enhance investment in the
State;
(g) to entertain all grievances raised by the applicants and if found nec essary, call for a
report from the concerned Competent Authority;
(h) such other functions as may be prescribed.
(2) The Empowered Committee shall submit its quarterly report to the Supervisory Committee,
about its activities under this Act.
9. Decisions of Empowered Committee to be binding. — Notwithstanding anything contained
in any relevant law, decisions of the Empowered Committee shall be binding on applicants, authorities
and all other concerned persons.
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and Investment Facilitation Act, 2023
10. Constitution of Supervisory Committee. — (1) There shall be a Supervisory Committee
consisting of Secretary, Industries as the Chairman and such other members as may be prescribed.
(2) The Supervisory Committee shall meet at such times and at such places and shall adopt such
procedure to transact its business, as may be prescribed.
11. Powers of Supervisory Committee.— The Supervisory Committee shall have the following
powers, namely :—
(a) to examine the proposals referred by the Empowered Commit tee and take a decision
thereon;
(b) to invite any officer or expert, as it deems necessary, to participate in the meetings of the
Supervisory Committee;
(c) such other powers as may be prescribed.
12. Functions of Supervisory Committee. — The Supervisory Committee shall perform the
following functions, namely :—
(a) to give directions to the Empowered Committee on any issues regarding Ease of Doing
Business in the State;
(b) to make policy recommendations to the concerned authorities as it deems appropriate;
(c) to recommend disciplinary action, upon its satisfaction, in cases referred to by the
Empowered Committee where the Competent Authority has failed to dispose of the application
within the specified time limit or rejected the application without sufficient reason, to the
concerned disciplinary authority of the Department;
(d) such other functions as may be prescribed.
13. Decisions of Supervisory Committee to be binding.— Notwithstanding anything contained
in any relevant law, decisions of the Supervisory Committee shall be binding on applicants, authorities
and all other concerned persons.
14. Nodal Agency. — (1) The Maharashtra Industry, Trade and Investment Facilitation Cell
(MAITRI) shall be the Nodal Agency for Single Window System in Maharashtra, for the purposes of
this Act.
(2) The Nodal Agency may appoint or take assistance from experts from various fields such as
Information Technology (IT), law, finance, economics or any other experts as may be required, from
time to time.
15. Functions of Noda l Agency.— Subject to the superintendence, direction and control of the
Empowered Committee, for investment promotions the functions of the Nodal Agency shall be as
follows :—
(a) to function in co -ordination with the Maharashtra Industrial Development Co rporation
for investment promotions and setting up businesses or industrial undertakings in the State;
(b) to guide and assist entrepreneurs or investors to set up industrial undertakings in
the State;
(c) to place the applications of the entrepreneurs or investors before the Empowered
Committee, for its decision, where the concerned Competent Authority has failed to consider and
dispose off the applications within the specified time limit;
(d) to monitor the status of applications and place the report of the status of applications
before the Empowered Committee;
(e) to assist an entrepreneur or investor in obtaining permissions from the Central
Government or State Government or their statutory and other bodies;
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(f) to coordinate with various Competent Authorities for entrepreneurs’ or investors’
applications, integration of other websites with MAITRI and any such support as may be required
for the smooth functioning of the Single Window System;
(g) to d raft guidelines and Standard Operating Procedures for new investments and to
review and modify them from time to time;
(h) to respond to queries raised by entrepreneurs or investors;
(i) to render necessary assistance in policy formulation for industrial progress;
(j) to promote environment friendly and technology-enabled production practices;
(k) to prepare and issue Application Form or Combined Application Form or Common
Application Form for making application through the Single Window System;
(l) to propose, facilitate or introduce regulatory reforms for establishing industrial
undertakings and their operations in the State based on user feedback with the obje ctive of Ease
of Doing Business;
(m) to assist the entrepreneurs or investors in completing the application forms;
(n) such other functions as may be prescribed.
16. Rationalization of inspections. — The inspections under the provisions of relevant law by
the concerned authorities shall, as far as practicable, be conducted jointly, based on random selection.
17. Expenses. — (1) The Directorate of Industries, Government of Maharashtra shall incur all
expenses necessary for the purposes of this Act.
(2) The directions received from Supervisory Committee and Empowered Committee including
any such directions regarding cost, expenses or financial implications, etc., shall be duly fulfilled by
the Directorate of Industries by making adequate provisions in the budget.
18. Time limits. — (1) The Supervisory Committee and the Empowered Committee shall
exercise their powers and discharge their functions under this Act and the rules made thereunder within
such time limit as may be prescribed.
(2) The Nodal Agency or Competent Authorities or Empowered Committee shall respond to
queries raised by an entrepre neur or investor or any person within such time limit as may be
prescribed.
19. Power to levy fees. — The Nodal Agency may take such fees as may be prescribed for the
services to be availed through the Single Window System.
20. Online Wizard Module.— (1) The Nodal Agency shall design and develop a comprehensive
Online Wizard Module to assist entrepreneurs or investors in identification of permissions that are
required to establish, set up or operationalize industrial, commercial or business related operati ons in
the State.
(2) The Wizard Module shall be equipped to accept certain inputs from the entrepreneurs or
investors, such as, type of industrial undertaking, number of employees, location, etc.
(3) The Wizard Module shall provide links to application forms for permissions and their relevant
notifications that may be required by entrepreneurs or investors for information.
(4) The concerned Department or authority shall endeavour to include all existing permissions
under the Wizard Module, from time to time.
(5) The concerned Department or authority shall provide information on additional new
permission to be included as part of the Wizard Module within such time limits as may be prescribed.
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and Investment Facilitation Act, 2023
21. Public consultation on draft policies, rules and regulations.— (1) The Nodal agency may
make online provisions for publication of draft of any policies, rules and regulations with the feature to
accept public comments or feedback on such drafts.
(2) The concerned authorities may make use of the Single W indow System for publication of
draft policies, rules and regulations and duly consider the public comments or feedback on such
policies, rules, regulations.
(3) The concerned authorities may also display the proposed new or amended policies, rules and
regulations along with the need or objectives of such policies, rules and regulations and the way by
which such proposed policies, rules and regulations shall reduce burdens on business or industries.
22. Confidentiality. — No agency or authority of the Government or any local authority,
including any functionaries thereunder, shall disclose to any other entrepreneur or investor or to a
person not duly authorized, any information forming the intellectual property of the entr epreneur or
investor without the consent of such entrepreneur or investor.
23. Power to give directions. — The State Government may, from time to time, issue such
general or special directions, to the Empowered Committee in respect of policy matters as it deems
necessary or expedient for the purposes of carrying out the objectives of this Act, and the Empowered
Committee shall be bound to follow and act upon such directions.
24. Transitional provisions. — The provisions of this Act, shall apply to all inves tment
proposals which are under consideration of the Government or any of its agency, authorities or
undertakings on the date of commencement of this Act, if the concerned entrepreneur or investor so
opts by submitting an application through the Single Window System.
25. Overriding effect.— Save as otherwise provided in this Act, the provisions of this Act or the
rules made thereunder shall have overriding effect, notwithstanding anything to the contrary contained
in any law of the State for the time being in force.
26. Protection of action taken in good faith. — No suit, prosecution or legal proceedings shall
lie against the Chairman or other members of the Supervisory Committee or Empowered Committee or
any employee of the Government acting under the dire ction of such committee in respect of anything
which is, in good faith, done or intended to be done under this Act or any rules made thereunder.
27. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of the Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of thirty days, which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, both Houses agree in making any
modification in rule or both Houses agree that the rule shou ld not be made, and notify their decision to
that effect in the Official Gazette, the rule shall from the date of publication of such decision in the
Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
28. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of
this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do
anything not inconsistent with the provisions of this Act, which appears to it to be necessary or
expedient for removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.
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and Investment Facilitation Act, 2023
29. Rep eal of Mah. Ord. IV of 2023 and saving. — (1) The Maharashtra Industry, Trade and
Investment Facilitation Ordinance, 2023 (Mah. Ord. IV of 2023), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notifica tion or
order issued) under the said Ordinance, shall be deemed to have been done, taken or issued, as the case
may be, under the corresponding provisions of this Act.