The Tripura_Industries_Facilitation_Act, 2018

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE TRIPURA INDUSTRIES 
(FACILITATION) ACT, 2018 
 
[THE TRIPURA ACT NO.5 OF 2019] 
 
Alongwith 
 
 THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 
2020 ; Act No-10 of 2020 dated 06-05-2020 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 
 
 
 
THE TRIPURA INDUSTRIES (FACILITATION) ACT, 2018 
 
An 
ACT 
 to provide for the constitution of clearance authorities at the District and 
State level for scrutiny, consideration and final disposal of the applications  of 
the entrepreneurs proposing to start indu stries in the State and for matters 
connected therewith or incidental thereto.   
 
BE it enacted by the Legislature of the State of Tripura in the sixty ninth 
year of the Republic of India as follows:- 
 
CHAPTER - I 
 
PRELIMINARY 
 
1. (a) This Bill may be called the “Tripura Industries (Facilitation) Act, 
2018”; 
 
(b) It shall come into force on the date of its publication in the Official 
Gazette.  
 
(c) It extends to the whole of Tripura 
 
2.   Application: This Act shall apply to various clearanc es required under 
various enactments for setting -up of industrial or service sector 
undertakings in the State of Tripura.  
 
3. Definitions: In this Act unless the context otherwise requires- 
 
(a) “Appellate Authority” means an appellate authority referred to in 
Section 23 of this Act. 
 
(b) “Authority” means any statutory body, corporation or other Authority 
established by the Government, which are entrusted with the powers 
or responsibility to grant or issue clearances; 
 
(c) “Clearances” means grant or issue  of no objection certificates, 
allotments, consents, approvals, permissions, registrations, 
enrolments, licenses, or the like, by any Authority or Authorities, or 
any other bodies  in connection with sett ing up of an industrial 
undertaking in the State of Tripura and shall include all such 
clearances required till the industrial undertaking starts commercial 
production; 
 
(d) “Department” means, a Department of the State Government; 
 
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(e) “District Level Single Window Clearance Committee” means a 
Committee constituted under Section 10 of this Act; 
 
(f) “Entrepreneur” means a person or body of persons or a company, 
having majority portion of investment or controlling interest in an 
industry or Enterprise; 
 
(g) “Government” means the State Government of Tripura ; 
 
(h) “High Level Single Window Clearance Committee” means a Committee 
constituted under Section 4 of this Act; 
 
(i) “Industrial Unit” means any Industrial Undertaking located inside the 
State and engaged in any manufacturing or processing or both or 
providing service or doing any other business or commercial activity 
as may be specified by the State Government. 
 
(j) “Nodal Agency” means the Nodal Agency at the State level or at the 
District level constituted under Section 14 of this Act; 
 
(k) “Notification” means a notification published in the Tripura Gazette 
and the word 'notify' will be construed accordingly 
 
(l) “Prescribe” means prescribed by rules made under this Act;  
 
(m) “Other Projects” means  projects for manufacturing  or processing or 
both or providing service or doing any other business or commercial 
activity as may be specified by the State Government 
 
(n) “State Level Single Window Clearance Committee” means a 
Committee constituted under Section 7 of this Act; and  
 
(o) “Special Single Window Clearance Committee ” means a Committee 
constituted under Section 13 of this Act. 
 
(p) 1 [“Single Window Clearance System” means a system for grant or 
time bound issue  of no objection certificates, allotments, consents, 
approvals, permissions, registrations, enrolments, licenses,  renewals 
or the like s, by any Authority or Authorities, or any other bodies in 
connection with setting up of an industrial undertaking in the State 
of Tripura.] 
____________________  
1 Inserted vide THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 2020  ; Act No-10 of 2020 
dated 06-05-2020  
 
 
 
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CHAPTER-II 
CONSTITUTIONS AND FUNCTIONS OF DIFFERENT CLEARANCE COMMITTEES 
 
4. High Level Single Window Clearance Committee: (1) Government may, 
by notification in the  Official Gazette, constitute from time to time, a 
committee known as the High Level Single Window Clearance Committee 
under the chairmanship of the Chief Minister  consisting of such other 
ex-officio members, as may be prescribed therein. 
 
(2) The Committee shall examine  and consider the proposals for 
industrial and other projects to be set up in the State where the  amount 
of investment is more than Rupees twenty five crores or such higher 
amount as may be fixed by the Government from time to time. 
 
(3) The members of the Committee under this section shall personally 
attend the meetings and in  case of exigencies may depute a senior level 
official with written authorization to take appropriate  decisions in the 
meetings. 
 
5. Functions of the Committee : (1) The High Level Single Window 
ClearanceCommittee shall meet at such time and place  and shall adopt 
such procedures to transact its businessas may be prescribed. 
 
(2) The Committee shall examine the proposals for setting -up any 
Industrial Unit referred to  in Sub Section (2) of Section 4  and shall take 
decisions and communicate its decisions  to the entrepreneurs and the 
concerned departments or the authorities within such time as may be 
prescribed.  
 
6. Powers of Committee : (1) The High Level Single Window Clearance 
Committee shall be the final authority in granting approvals for the 
projects placed before it. 
 
(2) The approvals given by it shall be binding on all the departments or 
authorities concerned and such departments or a uthorities shall issue 
the required clearances  within the stipulated time and subject to 
compliances by entrepreneur undertaking of the provisions of the  
applicable Acts and the Rules made there under.  
 
(3) The Committee shall review the proposals referred to it by the State 
Level Single Window Clearance Committee for granting approvals.  
 
(4) To exercise such other powers and perform such other functions as 
may be prescribed. 
 
7. State Level Single Window Clearance Committee: (1) The State  
Government may, by notification in the official Gazette, constitute  from 
time to time, a committee under the Chairmanship of the Chief Secretary 
 
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known as the State Level Single Window Clearance Committee consisting 
of such other members as may be specified therein. 
 
(2) The State Level Single Window Clearance Committee shall examine 
and consider proposals received from the entrepreneurs relating to 
Industrial and other projects to be set up in the State where the amount 
of investment is more than Rupees three crores and up to Rupees twenty 
five crores or such amount  as may be fixed by Government  from time to 
time. 
 
(3) Every member of the said Committee shall personally attend the 
meetings and in case of  exigencies he may depute a senior level official 
with written authorization to take appropriate decisions in the meetings. 
 
8. Functions of the Committee : (1) The State Level Single Window 
Clearance Committee shall meet at such time  and such place and shall 
adopt such procedures to transact its business as may be prescribed.  
 
(2) The Committee shall examine the proposals for setting -up any 
Industrial Unit referred to  in Sub Section (2) of Section 7  and shall take 
decisions and communicate its decisions  to the entrepreneurs and the 
concerned departments or the a uthorities within such time as may be 
prescribed.  
 
9. Powers of the Committee:(1) The State Level Single Window Clearance 
Committee shall be the final authority in granting approvals for the 
projects placed before it.  
 
(2) The approvals given by it shall be binding on all the departments or 
authorities concerned and such departments or a uthorities shall issue 
the required clearances  within the stipulated time and subject to 
compliances by entrepreneur undertaking of the provisions of the  
applicable Acts and the Rules made there under.  
 
(3) The Committee shall review the proposals  referred to it by the District 
Level Single Window Clearance Committee for granting approvals.  
 
(4) To exercise such other powers and perform such other functions as 
may be prescribed. 
 
10. District Level Single Window Clearance Committee: (1) The State  
Government may, by notification in the official Gazette, constitute  from 
time to time, a committee  under the Chairmanship of the District 
Magistrate & Collector known  as the District Level Single Window 
Clearance Committee consisting of  such other members as may be 
specified therein. 
 
 
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(2) The District Level Single Window Clearance Committee shall examine 
and consider proposals received from the entrepreneurs relating to 
Industrial and other projects to  be set up in the respective Districts  
where the amount of investment up to Rupees three crores or such 
amount as may be fixed by Government from time to time. 
 
(3) Every member of the said Committee shall personally attend the 
meetings and in case of  exigencies he may depute a senior level official 
with written authorization to take appropriate decisions in the meetings. 
 
11. Functions of the Committee  (1) The District Level Single Window 
Clearance Committee shall meet at such time and such place and shall 
adopt such procedures to transact its business as may be prescribed.  
 
(2) The Committee shall examine the proposals for setting -up any 
Industrial Unit referr ed to in Sub Section (2) of Section 10 and shall 
take decisions and communicate its decisions to the entrepreneurs and 
the concerned departments or the authorities within such time as may 
be prescribed.  
 
12. Powers of the Committee :(1) The District Level Single Window 
Clearance Committee shall be the final authority in granting approvals 
for the projects placed before the Committee.  
 
(2) The approvals given by the Committee  shall be binding on all the 
departments or  authorities concerned and such departments or 
authorities shall issue the required clearances  within the stipulated 
time and subject to compliances by entrepreneur undertaking of the 
provisions of the applicable Acts and the Rules made there under.  
 
(3) To exercise such other powers and perform such other functions as 
may be prescribed. 
 
 13.   Special single window clearance committee : (1) Government may, by 
notification, constitute Special Single Window Clearance Committees for 
any specified purpose, specified area or specified sector and delegate to 
them such powers and functions as the government may deem fit. 
 
(2) The Special Single Window C learance C ommittees shall consist of 
such number of members of whom one shall  be nominated by 
Government as Chairman by way of issuing notification. 
 
 14.  State Level and District Level Nodal Agency: (1) The State 
Government may, by notification, appoint a nodal agency at the State  
level, which shall be headed by an officer of Director of Industries & 
Commerce including such sup ervisory and secretarial staff as may be 
required.  
 
 
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  (2) The State Government may notify the District Industries Centre as 
Nodal Agency at the district level. 
 
 15.  Functions of the State level Nodal Agency shall be as follows:- 
(i) Investment promotional activities at the State,  National and 
International level; 
(ii) Render necessary assistance and feed back in policy formulation for 
industrial progress; 
(iii) Guide and assist entrepreneurs to set-up industries in the State; 
(iv) Prepare a combined application form for on -line /off –line submission 
by the investors for obtaining various clearances. 
(v) Issue and receive application form from entrepreneurs and arrange 
required clearances from the departments or authorities concerned, 
within the specified time limit; 
(vi) To communicate the decision regarding approval/rejection/deemed 
approval to the applicant.  
(vii) Provide secretarial and other support services to High Level C learance 
Committee, State Level Single W indow Clearance Committee and 
Special Single Window Clearance Committees. 
(viii) Set up task force from key departments and  Authorities to review 
periodically the status of implementation of large projects and to sort  
out problems, if any. 
(ix) The State Level Nodal Agency shall exercise its functions under this 
Act up to the stage/date of commencement of production or operation 
of the undertaking or the services as the case may be. Any additional 
clearances as may be necessary thereafter shall b e accorded by the 
respective competent authority.  
 
16.  Functions of District Level Nodal Agency shall be as follows:- 
(i) Investment promotional activities at the District Level. 
(ii) Image building of the District to attract investment. 
(iii) Investment climate improvement exercises. 
(iv) Guide and assist entrepreneurs to set up industries in the District. 
(v) Issue and receive application form from entrepreneurs and arrange 
required clearance from the departments or Authorities concerned 
within the specified time limit. 
(vi) To communicate the decision regarding approval/rejection/  deemed 
approval to the applicant.  
(vii) Provide secretarial and other support services to District Level Single 
Window Clearance Committee. 
(viii) Set up a task force from key departments or Authorities to review 
periodically the status of implementation of the project and to sort 
out problems, if any; 
(ix) The District Level Nodal Agency shall exercise its functions under 
this Act up to the stage/date of commencement of production or 
operation of the undertaking or the services as the case may be. Any 
additional clearances as may be necessary thereafter shal l be 
accorded by the respective competent authority.  
 
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17. Combined Application Form:(1) The State Government may prescribe 
the combined application form  for the use of entrepreneurs whose  
projects are to be approved by any of the Clearance Committees as an 
alternative to the existing forms prescribed under any applicable Acts or 
Rules or Orders or Instructions for obtaining  the required clearances 
and all Departments and authorities concerned shall accept the  
combined application form for processing and i ssue of required 
clearances. 
 
(2) Entrepreneurs intending to set up Industries may submit the 
application, duly filled -in alongwith required documents along with 
prescribed fees, either to the State Level Nodal Agency or to the District 
Level Nodal Agency depending upon the amount of investment proposed 
to be made in setting up the Industries as defined in this Act. 
 
(3) The applicant/s shall submit the application with the prescribed fee 
in the prescribed manner to the State/District Level Nodal Agency. 
 
18. Time limit for issue of Clearances: Notwithstanding anything contained 
in any  Acts or Rule s for the time being in force, the Government may 
prescribe time limits for processing of applications and issuance of 
clearance/s by different competent authorities under this Act.  
 
19. Self-Certification: (1) Every entrepreneur shall furnish a “Self-
Certification” at the time of submitting the duly completed  application 
form to the Nodal Agency, undertaking that he would comply with the 
provisions of applicable Acts and Rules or Orders or Instructions. 
 
(2) Such undertaking shall be furnished in the prescribed format on a 
non-judicial stamp paper of  the value as fixed by the Government from 
time to time. 
 
(3) All Departments or Authorities concerned shall accept the self-
certification for the purpose of issuing the required clearances. 
 
 20.  Deemed approval: (1) Every Department or authority concerned, shall 
issue the required clearances after processing the application as required 
under the applicable law within the specified time limit and in  case of 
failure to issue the required clearances within the specified time limit, 
such clearances shall  be deemed to have been issued provided the 
applicants have paid requisite fees, if any, the applications ar e free from 
any material defect.  
(2) The deemed approvals shall continue to be in force until the formal 
clearance is issued by the departments or authorities concerned. 
(3) Provided further that the deemed clearance under this Section shall 
not guarantee issue of subsequent statutory documents unless the entire 
process of enquiry required for the same is complete.  
 
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(4) The Nodal Agency shall communicate in writing to the entrepreneurs 
allowing the deemed approval as per the provision and a copy marked to 
the department or authority concerned. 
 
21.  Exemption: The State Govern ment may, by notification for g ood and 
sufficient reasons to be recorded in writing, exempt any clearance from 
the purview of this Act.  
 
22.   Suspension or cancellation of clearances: Any clearance issued by the 
competent authority or any deemed clearance shall be liable to be 
suspended or cancelled at any time by the competent authority if it is 
detected at any point of time that the clearance has been obtained by 
false self-certification, corrupt use of false or fabricated documents, use 
of forged certificates or documents etc., after giving a reasonable 
opportunity of being heard, in addition to taking appropriate penal action 
under section 24 of this Act.  
 
23.  Appeal: (1) Any person aggrieved by the decision of the High Level Single 
Window Clearance Committee, State Level Single Window Clearance 
Committee, District Level Single Window Clearance Committee or Special 
Single Window Clearance Committees may, within 30 days from the date 
of receipt of communication of the decision of the authorities,  appeal to 
the appellate authority as may be prescribed. 
 
(2) The Appellate Authority shall after following such procedure, as may 
be prescribed, dispose of the appeal within a period of one month from 
the date of receipt. 
 
1[23A. Right to Clearances and Grievance Redressal  Mechanism: (1) The 
State Government may by framing rules under the provisions of this Act, 
create a suitable Grievance Redressal Mechanism to effectively deal with 
the grievances filed by the applicants in relation to delay in clearances of 
applications. 
 
(2) Willful delay, if any, on the part of an official involved in the process of 
according clearance, beyond the time limit fixed under the provisions of 
section 18, pointed out either by the industry applicant or by the 
concerned Head of Department (HOD) , shall attract a penalty of 
Rs.1000/-(Rupees One Thousand only), for each day of such delay, till 
approval is accorded or reasons of rejection or delay is furnished, subject 
to a maximum of Rs.25,000/ - (Rupees Twenty Five Thousand only) in 
any particular matter. The state government shall, by framing rules, in 
accordance with the provisions of law in force, prescribe a fair and 
reasonable mechanism of impositions of such penalty. The amount of 
money, so collected as penalty, shall be credited to the consol idated fund 
of the state.] 
____________________ 
 
1 Inserted vide THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 2020  ; Act No-10 of 2020 
dated 06-05-2020  
 
10 
 
24. Penalty:(1) Any applicant who makes an application for obtaining 
clearance under Section 17, Sub -section (2)  and signs and furnishes a 
Self-Certificate to the State Level Nodal Agency or to the District Level 
Nodal Agency under Section 19 by corruptly using or attempting to use 
false or fabricated documents or by issuing or signing such Certi ficate 
knowing to be false and fabricated and using or attempting to use such 
certificate as true knowing to be false and/or indulge in any activities of 
forgery in order to get clearance under this Act, he/she shall be liable to 
be prosecuted and punished  under appropriate section/s of the Indian 
Penal Code 1860.  
 
(2) Any e ntrepreneur who fails to comply with the conditions or 
undertaking as furnished in the Self Certification given to the State Level 
Nodal Agency or to the District Level Nodal  Agency or to the competent 
authority as the case may be , be punishable with fine which may extend 
to twenty thousand rupees for the first offense and for the second or 
subsequent offenses with fine which may extend to thirty thousand 
rupees. 
 
(3) The relevant provisions of the Code of Criminal Procedure, 1973 shall 
apply in case of the offenses committed under sub -section (1) and (2) of 
this section. 
 
25. Rationalization of Inspection: (1) Inspections under the provisions of 
applicable Acts and Rules or orders or instructions by  different 
Authorities shall be conducted jointly 1 [by two or more authorities from 
among] the L abour Commissioner, Chief Inspector of Factories and 
Boilers, Tripura State Pollution Control Board, Municipal Authorities 
2[and such other authorities as the State Government by notification 
specify] once in a year and  such inspections shall be based on random 
selection and shall be organized in the manner as may be prescribed. 
 
(2) Inspections against specific complaints may be conducted with 
authorization by the Heads ofthe Departments.  Further, inspections in 
respect of pollution and safety aspects may be conducted as required 
under the relevant Acts or rules. Other inspections under other laws or 
rules as may be specified by the State G overnment from time to time 
shall be waived and self-certification shall be accepted.  
 
3[25A.Clearances from Tripura Urban Planning and Development Authority 
(TUDA): The State Government may by notification specify the clearance 
process, for  according layout and building approval  by Tripura Urban 
Planning and Development Authority (TUDA)  and issue of permission for 
change of land use, for industrial or manufacturing purposes.] 
___________________ 
1 Substituted vide THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 2020 ; Act No-10 
of 2020 dated 06-05-2020  
2 Inserted vide THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 2020  ; Act No-10 of 
2020 dated 06-05-2020  
3 Inserted vide THE TRIPURA INDUSTRIES (FACILITATION) (Amendment) ACT, 2020  ; Act No-10 of 
2020 dated 06-05-2020  
 
11 
 
 
26.   Government may, from time to time, is sue policy directions as deemed 
necessary to the  clearance committees for the purpose of carrying out 
the objective of this Act and the concerned  clearance committee shall be 
bound to follow and act upon such direction. 
 
 
 
CHAPTER -III 
MISCELLANEOUS 
 
 
 27.   Offences by Companies etc .: (1) Where an offence under this Act has 
been 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 offense, shall be deemed to be guilty of 
the offense and shall be liable to be proceeded against and punished  
accordingly.  
 
Provided that nothing contained in this sub -section shall render 
any such person liable to any punishment if he proves that the offense 
was committed without his knowledge or that he exercised all due 
diligence to prevent the commission of such offense.  
 
(2) Notwithstanding anything contained in sub -section (1), where an 
offense 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 
authorized in that behalf of the company, such Director,  Manager, 
Secretary or such other officer shall also be deemed to be guilty of that 
offence and  shall be liable to be proceeded against and punished 
accordingly. 
 
Explanation: For the purposes of this section:- 
(a) "Company" means any body Corporate and includes a firm or other 
association ofindividuals; and 
 
(b) 'Director" in relation to a firm means a partner in the firm 
 
 
28.   Power to make Rules: 
 
(a) The State Government may, by Notification, after previous publication 
make Rules to carry out the purpose of this Act. 
 
(b) Every Rule made under this Act shall be laid as soon as may be, after 
it is made before the House of the State Legislature while it is in session  
 
 
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29.   Savings: Save as otherwise provided in this Act the provisions of this Act 
shall have effect not withstanding  anything in consistent therewith 
contained in any, other state law or rules or orders or instructions for the 
time being in force or any custom or usage or any instruments having 
effect by virtue of any such law. 
 
30.  Protection of action taken in good faith : No suit or legal proceedings 
shall be instituted against, or damage claimed from the clearance  
authorities or members or employees of such authorities for anything, 
which is in good faith,  done or intended to be done, or for any order 
passed in good faith in pursuance of this act and  the rules made there 
under. 
 
31.  Power to remove difficulties: If any doubt or difficulty arises in giving  
effect to the provisions of this Act, the Government may, by order, not 
inconsistent with the provisions of this Act, remove the difficulties. 
 
Provided that, no such order shall be made under this section after the 
expiry of two years from the date of commencement of this Act. 
 
 
 
 
 

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