LexThe Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE INDUSTRIAL PROJECT APPROVAL AND
SELF CERTIFICATION SYSTEM (TS-iPASS) ACT, 2014.
(ACT NO. 3 OF 2014)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF THE
DISTRICT COMMITTEES, STATE COMMITTEE AND
NODAL AGENCIES
3. Constitution, powers and functions of District
Committee.
4. Constitution, powers and functions of State Committee.
5. Constitution, powers and functions of Nodal Agency.
6. Powers and functions of Nodal Agency.
7. Constitution, powers and functions of Apex Committee.
CHAPTER - III
MISCELLANEOUS
8. Combined Application Forms (CAF).
9. Filling of Application Forms.
10. Power to call additional information.
11. Self-Certification.
12. Time Limits for processing of applications.
13. List of Deemed Approvals.
2 [Act No. 3 of 2014]
14. Information of Deemed Approval.
15. Review of District level cases.
16. Review of State level cases.
17. Pecuniary Jurisdiction of District Committee and the
State Committee.
18. Exemption.
19. Penalty.
20. Right to clearances under TS-Ipass.
21. Offences by Companies, etc.,
22. Act to override other Laws.
23. Powers to remove doubts or difficulties.
24. Powers to give directions.
25. Savings.
26. Powers to make rules.
27. Repeal.
THE TELANGANA STATE INDUSTRIAL PROJECT
APPROVAL AND SELF CERTIFICATION SYSTEM
(TS-iPASS) ACT, 2014.
ACT No. 3 OF 2014.
[4th December, 2014]
AN ACT TO PROVIDE SPEEDY PROCESSING FOR ISSUE
OF VARIOUS LICENSES, CLEARANCES AND
CERTIFICATES REQUIRED FOR SETTING UP OF
INDUSTRIAL UNDERTAKINGS FOR THE PROMOTION
OF INDUSTRIAL DEVELOPMENT AND ALSO TO
PROVIDE FOR AN INVESTOR FRIENDLY
ENVIRONMENT IN THE STATE OF TELANGANA AND
FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Whereas, it is expedient to provide for speedy
implementation of industrial and other projects in the State,
by providing single point clearances to promot ers and to
ensure early commercial production of such projects;
BE it enacted by the Legislature of the State of
Telangana in the Sixty -fifth Year of the Republic of India as
follows:-
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the “TELANGANA STATE
INDUSTRIAL PROJECT APPROVAL AND SELF
CERTIFICATION SYSTEM (TS- iPASS) Act, 2014”.
(2) It extends to the whole of the State of Telangana.
Received the assent of the Governor on the 3rd December, 2014.
Short title, extent
and
commencement.
2 [Act No.3 of 2014]
(3) It shall come into force on such date as the State
Government may, by notification, in the Telangana State
Gazette, appoint.
2. In this Act, unless the context, otherwise requires,-
(1) “Clearances” means grant or issue of no -objection
certificate, allotments, consents, approvals, permissions,
registrations, enrollments, licences and the like, by any
competent authority or authorities in connection with the
setting up of an industrial undertaking in the State o f
Telangana and shall include al l such clearances required till
the industrial undertaking starts commercial production;
(2) “Competent Authority ” means any department or
agency of the Government, Authorized Agency, Gram
Panchayat, Municipalit y or other local body, which are
entrusted with the powers and responsibilities to grant or
issue clearances;
(3) “District Committee ” means the “District TS -iPASS
Committee” constituted under section 3;
(4) “Government” means the Government of
Telangana;
(5) “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;
(6) “Check List ” means the list of documents to be
furnished by the applicant with Common Application Form
(CAF);
Definitions.
[Act No.3 of 2014] 3
(7) “Pre-Scrutiny” means examination of applications to
see the completeness of CAF along with Check Slip by all
means, prior to issue of acknowledgement by the Nodal
Agency;
(8) “Nodal Agency ” means the agency notified at the
State level or at the District level under section 5;
(9) “Notification” means a notification published in the
Telangana Gazette and the word „notified‟ should be
construed accordingly;
(10) “Prescribed” means prescribed by rules made
under this Act;
(11) “Right to Clearances under TS -iPASS” means a
system bestowed for clearances, same as in the lines of
Right to Information Act, which enables imposing of pena l
action on officers responsible for delay;
(12) “State Committee ” means the “State TS -iPASS
Committee” constituted under section 4.
CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF THE
DISTRICT COMMITTEES, STATE COMMITTEE AND NODAL
AGENCIES
3. (1) The State Government may, by notifications,
constitute a “District TS-iPASS Committee” for each district,
which shall consist of the District Collector as the Chairman,
Joint Collector as Vice -Chairman and District Level/
Regional Level officials of relevant departments as members
for such term as may be specified in the notification.
Constitution,
powers and
functions of
District
Committee.
4 [Act No.3 of 2014]
(2) The District Committee shall be the Competent
Authority at the district level and exercise the following
powers and perform the following functions, namely:-
(i) to meet at such times and places as the Chairman
of the Committee may decide and shall transact business as
per the procedure as may prescribed;
(ii) to receive applications for all clearances for setting
up industrial units with proposed investment u p to the
amount notified under section 17;
(iii) to inform the applicant of the date on which the
application was received by the competent authority,
department wise date by which the approvals should be
accorded and date on which such application may be
deemed to have been approved in the case of deemed
approval;
(iv) to review and monitor the processing of
applications by the competent authorities and to forward the
orders of the competent authorities to the applicant;
(v) to forward cases with remarks and relevant
documents to the Stat e Committee for decision under
section 15;
(vi) to invite Competent authorities or experts, who
are not members of the Committee, as special invitees for
any meeting of the District Committee as desired by the
Chairman of the Committee;
(vii) the Member of the District Committee shall attend
the meeting convened under clause (i) 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;
[Act No.3 of 2014] 5
(viii) such other powers and functions as may be
prescribed;
(ix) Based on the self -certification provided by the
Applicant, the District Committee will provide a single point
TS-iPASS approval on beha lf of a ll relevant departments
instead of individual departmental approvals;
(x) The District C ommittee shall give all clearances
referred to it within a period of 30 days.
4. (1) The Government may, by notification, constitute a
State Committee known as the “State TS -iPASS
Committee”, which shall consist of Secretary of Industries as
the Chairman and the Commissioner of Industries as the
Member-Convener with HODs of the relevant departments
as other members for such term as may be specified in the
notification.
(2) The State Committee shall be the Competent
Authority at the State Level and exercise the following
powers and perform the following functions, namely:-
(i) to meet at such times and places as the Chairman
of the Committee may decide and shall transact business as
per the procedure as may be prescribed;
(ii) to receive all applications for clearances for setting
up industrial units with proposed investment more than the
amount notified under section 17;
(iii) to organize Pre -Scrutiny of the applications twice
in a week to verify and guide the applicant in submission of
application in full shape prior to acceptance and issue of
acknowledgement by the Nodal Agency;
Constitution,
powers and
functions of State
Committee.
6 [Act No.3 of 2014]
(iv) to inform the applicant of the date on which the
application was received by the competent authority, and
date on which such application may be deemed to have
been approved in the case of applicability of deemed
approval under section 13 (1);
(v) to review and monitor the processing of
applications by the Competent authorities and District
Committees a nd to forward the orders of the competent
authority to the applicant;
(vi) to forward cases with remarks and relevant
documents to the State Government for decision under
section 16;
(vii) to invite competent authorities or experts, who
are not members of the Committee , as special invitees for
any meeting as desired by the Chairman of the State
Committee;
(viii) the Member of the State Committee shall attend
the meeting convened under clause (i) personally and in
case he is unable to a ttend the meeting, he may depute a
senior level officer with a written authorization to take
appropriate decision in the meeting;
(ix) such other powers and functions as may be
prescribed from time to time;
(x) Based on the self -certification provided by the
Applicant, the State Committee will provide a single point
TS-iPASS approval on behalf of all relevant departments
instead of individual departmental approvals;
(xi) The State Committee shall give all clearances
referred to it within a period of 30 days.
[Act No.3 of 2014] 7
5. (1) The State Government may, by notification, appoint
a Nodal Agency at the State level, which shall be a cell,
headed by an officer not b elow the rank of Additional
Director of Industries, and including such supervisory and
secretarial staff as may be required.
(2) The State Government may notify the District
Industries Centre as Nodal Agency at the district level.
6. (1) The Nodal A gency shall provide secretarial support
to the District Committees and the State Committee, as the
case may be.
(2) Under the superintendence, direction and control of
the respective committees, the nodal agency shall
acknowledge all applications filed before the Committee and
shall forward the applications to the concerned competent
authority within three working days.
(3) The Nodal Agency shall pursue the clearance of the
applications with the competent authorities.
7. (1) The State Government may, by notification, appoint
a TELANGANA STATE -WIDE INVESTMENT FACILITATION
BOARD (T -SWIFT) at the State Level to be chaired by the
Chief Secretary and the Secretary Industries as the Member-
Convener and including such supervisory and secretarial
staff as may be required to deal with the clearances of mega
projects. The Commissioner of Industries shall be the Nodal
Officer for the T-SWIFT Board.
(2) The T -SWIFT Board, on receipt of self -certification
by the applicant shall arrange in principle approval to the
Mega Projects which shall serve as deemed approval for a ll
provisional practical purposes for project kick off.
Constitution,
powers and
functions of Nodal
Agency.
Powers and
functions of Nodal
Agency.
Constitution,
powers and
functions of Apex
Committee.
8 [Act No.3 of 2014]
Explanation: The definition of Mega Project will be
decided by the State Government from time to time.
(3) The Provisional approvals shall be given by the
T-SWIFT Board within 15 days of receipt of self -certified
applications after a preliminary scrutiny.
(4) The T-SWIFT Board will pursue the clearances with
departments through the Nodal Officer. The Nodal Officer of
the T-SWIFT Board will then obtain final approvals from the
respective departments, if so required, before the
commencement of commercial production. The approvals
arranged through T -SWIFT Board shall be final and bindin g
on the departments.
CHAPTER - III
MISCELLANEOUS
8. (1) It shall be competent for the Government to
prescribe combined application forms which may consist
of,-
(a) forms under Central enactments without any
change; and
(b) Existing forms or new forms in lieu of the existing
forms under State enactments.
(2) All Departments or authorities concerned shall
accept such application forms for processing and issue of
required clearances.
9. (1) All applications for clearances shall be submitted
with the required fees in the prescribed manner to the Nodal
Agency of appropriate committee.
Combined
Application Forms
(CAF).
Filling of
Application
Forms.
[Act No.3 of 2014] 9
(2) The applications shall be forwarded by the Nodal
Agency to the competent authority for processing and
disposal.
10. (1) On receipt of application under sub -section (2) of
section 9, the competent authority shall have power to
obtain further additional information from the applicant as
required by him , while furnishing a copy of the same to the
Nodal Agency.
(2) The applicant shall furnish the required information
to the competent authority and also to the Nodal Agency
simultaneously.
(3) The competent authority shall send its orders
sanctioning or rejecting the application, as the case may be,
to the Nodal Agency so that the same can be given to the
applicant.
11. (1) Every entrepreneur shall furnish a „Self Certification‟
at the time of submitting application form to the No dal
Agency, undertaking in such form and manner as may be
prescribed that he shall comply with the applicable
provisions of the relevant Acts and the rules made there
under.
(2) The self -certification furnished by the entrepreneur
shall be accepted by th e concerned Departments and
authorities for the purpose of issue, and granting clearance.
12. Notwithstanding anything contained in any State law
for the time being in force,-
(1) The Government may lay down the procedure for
processing and disposal of applications.
Power to call
additional
information.
Self-Certification.
Time Limits for
processing of
applications.
10 [Act No.3 of 2014]
(2) The District Committee shall give all clearances
referred to it within a period of 30 days.
(3) The State Committee shall give all clearances
referred to it within a period of 30 days.
(4) The Competent Authority may ask for additional
information at any time before the expiry of the period
stipulated for the disposal of such clearance:
Provided that such request for additional information
should be made only once by the competent authority.
(5) After receipt of the additional information, the
Competent Authority shall pass orders on the application
before the expiry of the stipulated time from the date of
receipt of such additional information.
13. (1) While prescribing time limits under s ection 12, the
State Government may notify the clearances in respect of
which failure of the competent authority to pass final orders
on the application within the stipulated time shall result in
deemed approval.
(2) The applicant may proceed to execute the work or
take other action following the provisional or deemed
approval given at by the Competent Authority, but not so as
to contravene any of the provisions of the Acts or rules or
bye-laws applicable to such clearances.
14. The appropriate Competent Committee shall inform to
the applicant the date on which the application was received
by the Competent Authority and the date on which it was
deemed to have been approved.
15. Notwithstanding anything contained in any State law,
for the time being in force,-
List of Deemed
Approvals.
Information of
Deemed
Approval.
Review of District
level cases.
[Act No.3 of 2014] 11
(a) The Di strict Committee may, either suo motu or on
an application, examine any order passed by any
competent authority, rejecting any clearance or approving it
with modification, and if the District Committee considers
that there are valid grounds for a change in such decision, it
shall forward such case to the State Committee with
remarks and relevant documents for a decision.
(b) The State Committee shall examine all cases
referred to it by the District Committee a nd pass appropriate
orders:
Provided that the cases relating to the orders passed
by the Government as competent authority shall be referred
to the State Board for decision.
(c) The decision taken by the State Committee shall be
binding on the District Committee and the respective
Competent Authorities.
16. Notwithstanding anything contained in any State law,
for the time being in force, the State Committee may, either
suo motu or on an application, examine an y order passed
by any competent authority, rejecting any clearance or
approving it with modification, and if the State Committee
considers that there are valid grounds for a change in such
decision, it shall forward such case to the Government with
remarks and relevant documents for a decision.
17. The Government may, by notification, specify the
investment limit upto which the applications for clearances
shall be made to the District Committees and the State
Committees.
18. The State Government may, by notification, exempt
any clearances from any of the provisions of the Act.
Review of State
level cases.
Pecuniary
Jurisdiction of
District Committee
and the State
Committee.
Exemption.
12 [Act No.3 of 2014]
19. Any entrepreneur who fails to comply with the
conditions or undertaking in sel f-certification given to the
Nodal Agency or other department or authorities shall be
punishable with fine as prescribed by Government from time
to time as well as rectification of the defect.
20. (1) Provision of “Right to Clearances under TS -iPASS”
system to the applicant to know the reasons for delay and to
cause the imposition of penalties to the designated officers
of the competent authority.
(2) The State Government may, by notification, create a
“Grievance Redressal Mechanism” to effectively deal with
the grievances th at may be filed by applicants under the
TS-iPASS process.
21. (1) Where an offence under this Act is committed by a
company, the company as well as every person in charge of
and responsible to the company for the conduct of its
business at the time of commission of the offence, shall be
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub -section
shall render any such person l iable to any punishment if he
proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1), where an offence under this Act has been committed
with the consent or connivance of, or that commission of the
offence is attributable to any neglect on the part of any
Director, Manager, Secretary or other Officer, such Director,
Manager, Secretary or other officer shall also be deemed to
be guilty, of that offence and shall be liable to be proceeded
against and punished accordingly.
Penalty.
Right to
clearances under
TS-iPASS.
Offences by
Companies, etc.,
[Act No.3 of 2014] 13
Explanation:- For the purpose of this section:-
a) “Company” means any “Body Corporate ” and
includes a firm or other association of individuals; and
b) “Director” in relation to a firm means a partner in
the firm.
22. Save as otherwise provided in this Act, the provisions
of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other State law for
the time being in force or any custom or usage or any
instrument having effect by virtue of any such law.
23. If any doubt or difficulty arises in giving effect to the
provisions of this Act, the Government may, by order, make
provisions or give such directions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or
expedient for the removal of the doubt or difficulty.
24. The State Government may, from time to time, issue to
the State Board, State Committee or the District Committees
such general or special directions of policy as they may
deem necessary or expedient for the purpose of carrying
out the objects of this Act a nd the said State Board, State
Committee or the District Committees, as the case may be,
shall be bound to follow and act upon such directions.
25. The provisions of sections 13 to 20 of this Act shall not
apply to any clearances required under Central enactments.
26. (1) The Government may, by notification make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act, shall immediately
after it is made be laid before the Legislature of the State, if it
is in session and if it is not in session in the session
Act to override
other Laws.
Powers to remove
doubts or
difficulties.
Powers to give
directions.
Savings.
Powers to make
rules.
14 [Act No.3 of 2014]
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if before the expiry of session in
which it is so laid or the session immediately following, the
Legislature agrees in making any modification in the rule or
in the annulment of the rule, the rule shall, from the date on
which the modification or annulment is notified, have effect
only in suc h modified form or shall stand annulled, as the
case may be, so however, that any such modification or
annulment sh all be without prejudice to the validity of
anything previously done under that rule.
27. The Andhra Pradesh Industrial Single Window
Clearance Act, 2002 is hereby repealed in Telangana State.
* * *
Repeal.