The rajasthan enterprises single window enabling and clearance act, 2011

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LAW (LEGISLATIVE DRAFTING) DEPARTMENT  
(GROUP-II) 
NOTIFICATION 
Jaipur, March 27, 2011  
No. F. 2 (14) Vidhi/2/2011 .—In pursuance of Clause (3) of 
Article 348 of the Constitution of India, the Governor is pleased 
to authorise the publication in the Rajasthan Gazette of the following 
translation in the English language of the Rajasthan Udyam Ekal 
Khirki Samarthyakari Aur Anugyapan Adhiniyam, 2011 (201 1 Ka 
Adhiniyam Sankhyank 7) : - 
(Authorised English Translation)  
THE RAJASTHAN ENTERPRISES SINGLE WINDOW  
ENABLING AND CLEARANCE ACT, 2011  
(Act No. 7 of 2011)   
[Received the assent of the Governor on the 25th day of March, 2011] 
An 
Act 
to provide for accelerated and time -bound grant of various 
licences, permissions and approvals and to enable an alternative 
single window clearance mechanism to be triggered in case of 
failure of competent authorities to act in time, to support an_ 
investo r friendly environment in the State of Rajasthan and for 
matters connected therewith or incidental thereto.  
Be it enacted by the Rajasthan State Legislature in the 
Sixty-second Year of the Republic of India, as follows:- 
1. Short title, extent and commencement. -(1) This Act 
may be called the Rajasthan Enterprises Single Window Enabling 
and Clearance Act, 2011.  
(2) It extends to the whole of the State of Rajasthan.  
(3) This section shall be deemed to have come into force on 
and from 26 th December, 2010 and other provisions of this Act 
shall come into force on such date as the Government may, by  
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notification, appoint and different dates may be appointed for 
different provisions, in or in relation to, different- 
(a) districts in the State; and  
(b) format of the application form - 
and any reference in any such provision to the commencement 
of this Act shall be construed as a reference to the coming into 
force of that provision in such districts, or in relation to such 
format of the application form. 
2. Definitions. -In this Act, unless the context otherwise 
requires,- 
(a) "Bureau of Investment Promotion" means the 
Bureau of Investment Promotion as declared under 
section 4; 
(b) "Competent Authority" means any department or 
agency of the Government, Local Authority, Statutory 
Body, State owned Corporation, .Gram Panchayat, 
Municipality, or any . other authority or Agency 
constituted or established under any Rajasthan ..law or 
Under administrative control of the Government, 
which is entrusted with the power's and 
responsibilities to grant or issue. permissions for setting 
up or commencement of operations of an enterprise in 
the State; 
(c) "District Empowered Committee" means the District 
Empowered. Committee constituted under section 3; 
(d) "enterprise" means an industrial undertaking or a 
business concern or any other establishment, by 
whatever name called, engaged in the manufacture or 
production of goods, in any manner, or engaged in , 
providing or rendering of any service or services; 
(e) "Government" means the State Government of 
Rajasthan; 
(t) "investor" means any person who invests capital in 
any new enterprise or in an existing enterprise 
fo r expanding, modernizing or diversifying for 
securing income or profit or common social good; 
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(g) "Nodal Agency" means the Nodal Agencies referred 
to in section 5; 
(h) "notification" means a notification published in the 
Rajasthan Gazette and the word 'notified' shall be 
construed accordingly; 
(i) "permission" means grant or issue of permission, 
no-objection certificate, clearance, allotment, consent, 
approval, registration,  enrolment, licence and the 
like, by any Competent Authority in connection with 
the setting up of an enterprise in the State of Rajasthan 
and shall include all such permissions as are required 
under any Rajasthan Jaw until the enterprise 
commences its operation; 
(j) "prescribed" means prescribed by the rules made under 
this Act; 
(k) "State" means the State of Rajasthan; and  
(1) "State Empowered Committee" means the State 
Empowered Committee constituted under section 3. 
3. Constitution, powers and functions of State Empowered 
Committee and District Empowered Committee. -(1) The 
Government may, by notification, constitute a State Empowered 
Committee to assist Council of Ministers in considering the 
proposals for benefits as  mentioned in section 11 for the purpose 
of promoting investment and for setting up of enterprises in the 
State and to consider and dispose of applications for permission 
required under Rajasthan laws in case the Competent Authority has 
failed to consider and dispose of such applications within the time 
limit prescribed under section 12. 
(2) The State Empowered Committee shall examine the 
applications for giving concessions or grant exemption or 
relaxation from the provisions of any Rajasthan law, take into 
consideration the comments of the departments, if any, 
hold  
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discussions with the investors, wherever necessary and make 
recommendations to the Council of Ministers. The time limit for 
submitting recommendations to the Council of Ministers shall be 
such as may be prescribed under section 12. 
(3) The Government may, by notification, constitute a 
District Empowered Committee for each district to consider and 
dispose of applications for permission required under Rajasthan 
laws in case the Competent Authority has failed to consider and 
dispose of such applications within the time limit prescribed under 
section 12. 
(4) Notwithstanding anything contained in any Rajast han 
law, the State Empowered -Committee or, as the case may be, the 
District Empowered Committee' shall, in - case the Competent 
Authority has failed to process and dispose of such applications 
within the time limit prescribed under section 12, have the po wer 
to consider and dispose of applications for permission under any 
Rajasthan law.' For this purpose, references to the Competent 
Authority in such law shall be construed as including reference to 
the State Empowered Committee or, as the case may be, the 
District Empowered- Committee: 
 Provided that where the Committee . is unable to meet or  
otherwise unable to consider the application - immediately, the 
Chairperson of the. concerned Committee may, for reasons to be 
recorded in writing, decide the application and report the action 
taken to the Committee in its next meeting and the decision of the 
Chairperson, subject to any decision of the Committee, on such 
application shall for all purposes be deemed to be the decis ion of 
concerned Committee under this section. 
(5) The State Empowered Committee and the District 
Empowered Committee may be assigned such other functions as 
may be prescribed. 
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(6) Where permission is issued by State Empowered 
Committee or any of the District Empowered Committees under 
sub-section (4), State Empowered Committee . or „ District 
Empowered Committee, as the case may be, may recommend to 
the Government for appropriat e action against the concerned 
Competent Authority, which has failed to dispose of the 
application within the time limit prescribed under section 12. 
4. Declaration of Bureau of Investment Promotion. -The 
existing Bureau of Investment Promotion, a society registered,  
under the provisions of the Rajasthan Societies Registration Act, 
1958 (Act No. 28 of 1958) shall be the Bureau of Investment 
Promotion for the purposes of this Act. 
5. Nodal Agency.-(1) The Bureau of Investment Promotion 
shall be the Nodal Agency for the State Empowered Committee. 
(2) The District Industries Centre shall be the Nodal 
Agency for the District Empowered Committee. 
6. Powers and functions of Nodal Agency. --Subject to the 
superintendence, direction and control of the . Government and the 
State Empowered Committee or the . District Empowered 
Committee, as the case may be, the powers and functions of the 
Nodal Agency shall be as follows:- 
(i) to assist the investors in completing the application 
forms. to acknowledge -completed applications and 
forward such application to the covemed Competent 
Authorities for processing and disposal within the time 
limit prescribed under section 12; 
(ii) to monitor the status of applications and place the 
report of the status of applications before the State 
Empowered Committee or the District Empowered 
Committee, as the case may be; 
(iii) to place the application of the investor before the State 
Empowered Committee or the District Empowered  
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Committee, as the case may be, for its decision, where 
the concerned Competent Authority has failed to 
consider and dispose of the application within the time 
limit prescribed under section 12; 
(iv) to receive applications for relaxations, exemptions and 
conces sions as mentioned in section 11 from the 
investor; 
(v) to seek comments of the concerned departments or 
authorities on the application for relaxations, 
exemptions and concessions as mentioned in section 11 
received from the investor; 
(vi) to submit the comments of  .the concerned department 
or authority, if any, to the State Empowered 
Committee within the time limit prescribed under 
section, 12; 
(vii) to submit the application for relaxations, exemptions 
and concessions as mentioned in section 11, received 
from the investor to the State Empowered Committee 
within the time limit prescribed under section 12, in 
case no Comments are received from the concerned 
department or authorities in the prescribed time limit. . 
7. Obligations of concerned department or authority.-(1) The 
Competent Authority shall consider and dispose of the application 
forwarded to it by the Nodal Agency under clause (i) of section 6 
within the time limit prescribed under section 12. 
(2) The concerned department or authority shall provide 
comments sought by the Nodal Agency under clause (v) of section 
6, within the prescribed time limit, and, if the concerned 
department or authority fails to provide comments within the 
prescribed time limit, it shall be deemed that the concerned 
department or authority has no objection or suggestion regarding  
  
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the requisite relaxations, exemptions and concessions as mentioned, 
in section 11. 
8. Application form. -(1) The Government shall be 
competent to prescribe an application form, either in physical or  
electronic format, which may consist of- 
(a) forms under Central laws ; and 
(b) existing forms or new forms in lieu of existing forms or 
modified forms under Rajasthan laws. 
(2) All departments or authorities concerned shall accept 
such application form for processing and issue of required 
permission. 
(3) Every investor shall furnish a 'Self Certification', in the 
prescribed form, at. the time of submitting application form to the 
Nodal Agency, certifying that he shall comply with the applicable 
provisions of the relevant laws. The Self Certification furnished by 
the investor shall be accepted by the Competent Authority for the 
purpose of issuing and granting permission. 
9. Filing of application .-(1) All applications  for 
permissions shall be submi tted in the prescribed manner to the 
Nodal Agency mentioned in sub-sections (1) and (2) of section 5. 
(2) For the purpose of availing customized packages, 
concessions, exemptions or relaxations as provided in section 11, 
the application shall be submitted to t he Nodal' Agency mentioned 
in sub-section (1) of section 5. 
(3) The application under sub-section (1) and (2) shall be in 
such form and be 'accompanied with such fees as may be 
prescribed. 
10. Power of Competent Authority to call for additional 
information.-(1) On receipt of an application for permissions, the 
Competent Authority shall have powers to obtain additional 
information, if required, from the applicant: 
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Provided that the additional information under this section 
shall be requisitioned only once and requisition letter shall be sent 
through the Nodal Agency. 
(2) The applicant shall furnish the required information to 
!lie concerned Nodal Agency. 
(3) The Competent Authority shall, after sanctioning or 
rejecting;,with reasons, the application, send its orders to the 
concerned investor and endorse a copy thereof to the concerned 
Nodal Agency. 
11 . Grant of customized packages, 
concessions, exemptions or relax ations.-The Government may, 
with a view to facilitate investment in the State, grant customized 
packages, concessions, exemptions or relaxations to any 
enterprise or category of enterprises in the State, subject to such 
conditions as it may deem fit, where the Government, or any 
other authority subordinate to it, is empowered under any 
Rajasthan Law to grant such customized packages, concessions, 
exemptions or relaxations. 
12 . Time limits for processing of applications .-(l) 
Notwithstanding anything contained in any 'Rajasthan law,  policy 
or orders for the time being in force, the Government may 
prescribe time limit for processing and disposal of applications by 
the Competent Authority. 
(2) The Government may prescribe time limit for Nodal 
Agency t o process the application and the comments from  the 
Competent Authority, concerned department or authority, and 
submissions of the same to the State Empowered Committee and 
District Empowered Committee, as the case may be. 
(3) The Government may prescribe time limit for the State 
Empowered Committee for submitting its recommendations to the 
Council of Ministers. 
 
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13. Appeal.-Any investor aggrieved by the orders of — 
(i) the Competent Authority may appeal to the 
State  
Empowered Committee; 
(ii ) the District Empowered Committee may 
appeal to the State Empowered Committee; 
(iii ) the State Empowered Committee may appeal to 
the Government,- 
within thirty days from the date of the receipt by the investor of the 
order appealed against. 
14. Revision. - (1) Notwithstanding anything 
contained in any Rajasthan law, the Government may, either suo 
niotu or on an application made to it in this behalf, call for t he 
record of any proceeding before any Competent Authority 
or the State Empowered Committee or a District Empowered 
Committee and examine the propriety of the proceedings or 
orders passed therein so as to ensure that the orders are not 
against public policy nor against the provisions of law and make 
therein such orders as it may think fit within one year of 
issuance of the orders being so revised in cases of rejection of the 
application for permiss ions and within three months in cases of 
grant of permissions . 
(2) The orders passed by the Government under this section 
shall be final and shall be binding on all concerned. 
15. Jurisdiction of the State Empowered Committee 
and the District Empowered Commit tee.- The class of 
investment for which or investment limits up to which the 
State Empowered  Committee or a District Empowered 
Committee shall have jurisdiction to consider and dispose of 
applications for permission under section 3 shall be such as may be 
prescribed. 
16. Protection of action taken in good faith. - No suit, 
prosecution or legal proceedings shall lie against the Chairperson 
or other members of State Empowered Committee or District  
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Empowered Committee or any employee of the Government acting 
under the direction of such committee in respect of anything 
which, in good faith, is done or intended to be done under this Act or 
any rules made thereunder. 
17. Confidentiality. -No agency or authority of the 
Government or, any local authority, including any functionaries 
thereunder, shall disclose to any other investor 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 any of its 
agencies or authorities, or by any local authority, shall be notified by 
the Government for information of the public. 
18.  Transitional provisions. -The provisions of this Act 
shall apply to all investment proposals 'that have been under 
consideration, of the Government' or any of its agencies, authorities or 
undertakings on the date of commencement of this Act, if the 
concerned investor so opts by submitting an application to the 
Nodal Agency in the prescribed form and manner. 
19. Act to override other laws. -Save as otherwise 
provided in this Act, the provisions of this Act .shall have 
overriding effect, notwithstanding anything inconsistent therewith 
contained in any other Rajasthan law, for the time being in force, or 
any custom or usage or any instrument having effect by virtue of any 
such law. 
20. Power to remove difficulty .-(1) If any difficulty arises 
in giving effect to the provisions of this Act, the Government may, 
by order published in the Official Gazette, make provisions, not 
inconsistent with the provisions of this Act, as appears to it to be 
necessary or expedient for removing the difficulty: 
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Provided that no order under this section shall be made 
after the expiry of a period of two years from the 
commencement of this Act. 
(2) Every order made under this section shall be laid, as 
soon as may he, after it is made, before the House of the State 
Legislature. 
21. Power to make rules. -(1) The Government may,  
by notification, make rules generally for carrying out the purposes 
of this Act. 
(2) All rules made under this Act shall be laid, as soon z: 
may be after they are so made, before the House of the State 
Legislature, while it is in session, for a period of not less than 
fourteen days, which may be comprised in one session or in two 
successive sessions and, if before the expiry of the session in 
which they are so laid or of the session immediately following , the 
House of the State Legislature makes any modification in any of 
such rules or resolves that any such rule should not be made, such 
rule shall thereafter have effect only in such modified form or be of 
' no effect, as the case may be, so however that any modification or 
annulment shall be without prejudice to the validity of anything 
previously done thereunder. 
22. Repeal and savings. -(1) The Rajasthan Enterprises - 
s Single Window Enabling and Clearance Ordinance, 
2010 (Ordinance No. 04 of 2010) is hereby repealed. 
(2) Notwithstanding such repeal, all things done, actions 
taken, notification issued or orders made under the said Ordinance 
shall be deemed to have been done, taken, issued or made under 
this Act. 
lR; nso Vkd]  
Principal Secretary to the Government.  
 
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Government Central Press, Jaipur.  
 

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