¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

L. A. BILL No. IV OF 2023.

A BILL

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 new 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 redressal mechanism in the State;

¦ÉÉMÉ {ÉÉSÉ--+----4-1

(1)

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ--+

´É¹ÉÇ 9, +ÆEòú 2(2)]

¨ÉÆMÉ³ý´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

[{ÉÞ¹`äö 14, ËEò¨ÉiÉ : ¯û{ÉªÉä 36.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 4

|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉºÉ¦ÉäiÉ ´É ¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ{ÉÊ®ú¹ÉnäùiÉ ºÉÉnù®ú Eäò±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

28th February, 2023 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

RNI No. MAHBIL /2009/40123

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

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; it is hereby enacted in the Seventy-

fourth Year of the Republic of India as follows :—

(1) This Act may be called the Maharashtra Industry, Trade and

Investment Facilitation Act, 2023.

(2) It shall come into force on such date as the State Government may by

notification in the Official Gazette, appoint.

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 utilities 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;

(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

Chief Secretary to the Government;

(l) “Single Window System” means the Single Window state-level

web-enabled online portal or platform meant for submission and

processing of applications for permissions required by an industrial

undertaking;

Short title

and

commence-

ment.

Definitions.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

(m) “specified time limit” means the time limit specified under the

Maharashtra Right to Public Services Act, 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.

(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 operation 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.

(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.

(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 under 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.

(3) The Empowered Committee shall dispose off such application as

per the provisions of the relevant law.

(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.

Mah.

XXXI of

2015.

Filing of

application.

Transfer of

application.

Disposal of

application.

Constitution

of Empowered

Committee.

¦ÉÉMÉ {ÉÉSÉ--+----4-2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

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 concerned 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.

(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 appropriate 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

necessary, 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.

Notwithstanding anything contained in any relevant law, decisions

of the Empowered Committee shall be binding on applicants, authorities

and all other concerned persons.

10.

(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.

Powers of

Empowered

Committee.

Functions of

Empowered

Committee.

Decisions of

Empowered

Committee to

be binding.

Constitution

of Supervisory

Committee.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

11.

The Supervisory Committee shall have the following powers,

namely :—

(a) to examine the proposals referred by the Empowered Committee

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.

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.

Notwithstanding anything contained in any relevant law, decisions

of the Supervisory Committee shall be binding on applicants, authorities

and all other concerned persons.

14.

(1) The Maharashtra Industry, Trade and Investment Facilitation

Cell (MAITRI) shall be the Investment Promotion Agency and also 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.

Subject to the superintendence, direction and control of the

Empowered Committee, the functions of the Nodal Agency shall be as

follows :—

(a) to function as the State’s agency for Investment Promotion and

setting up business 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 applicationss before the Empowered Committee;

Powers of

Supervisory

Committee.

Functions of

Supervisory

Committee.

Decisions of

Supervisory

Committee to

be binding.

Nodal Agency.

Functions of

Nodal Agency.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

(e) to assist an entreprenuer or investor in obtaining permissions

from the Central Government or State Government or their statutory

and other bodies;

(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 draft 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 objective 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.

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.

(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.

(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 entrepreneur or investor

or any person within such time limit as may be prescribed.

19. The Nodal Agency may take such fees as may be prescribed for the

services to be availed through the Single Window System.

20. (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 operations in the State.

Rationalization

of inspections.

Expenses.

Time limits.

Power to levy

fees.

Online

Wizard

Module.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

(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.

21.

(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 Window

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.

No agency or authority of the Government or any local authority,

including any functionaries thereunder, shall disclose to any other

enterpreneur or investor or to a person not duly authorized, any information

forming the intellectual property of the entrepreneur or investor without

the consent of such entrepreneur or investor.

23. 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.

The provisions of this Act shall apply to all investment 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.

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.

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 direction

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.

(1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of the Act.

Public

consultation

on draft

policies, rules

and

regulations.

Confidentiality.

Power to give

directions.

Transitional

provisions.

Overriding

effect.

Protection of

action taken

in good faith.

Power to

make rules.

¦ÉÉMÉ {ÉÉSÉ--+----4-3

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

(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

should 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.

(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.

Power to

remove

difficulty.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

STATEMENT OF OBJECTS AND REASONS

The role of the Government in the overall business ecosystem has

changed due to rapid growth and innovation across industries and service

sectors. The Government is expected to not only play the role of a regulator,

but also as an business ecosystem developer.

In order to facilitate investments in the State, the Government of

Maharashtra has, in the year 2014, set up the Maharashtra Industry, Trade

and Investment Facilitation Cell (MAITRI) to redress grievances of

investors.

The Government of Maharashtra has, by Government Resolution,

converted MAITRI as a State Single Window System.

In order to effectively function as a State Single Window System,

MAITRI needs to be empowered with additional powers.

Establishment of

a robust Single Window System brings in multiple benefits. Creation of an

investor and entrepreneur-first environment in the State not only drives

the economy of the State as well as helps create jobs across a variety of sectors,

apart from ensuring the State becomes a preferred destination for domestic

and foreign investments. Hence, the Government considers it expedient to

enact a new law for the purposes of creating an effective Single Window

System for delivery of services related to the issuing of permissions,

approvals, clearances and no-objection certificate required for establishing

and operating industries under different laws.

The Government of India has also recently launched the National Single

Window System (NSWS) with the objective of ensuring Ease of Doing

Business across the country. MAITRI will help complement the efforts of

the Central Government and the State Government in this regard by ensuring

effective linkages between the Centre and the State portals.

The salient features of the proposed law are as follows :—

(i) to provide that MAITRI shall be the Investment Promotion

Agency and Nodal Agency for Single Window System in Maharashtra

State;

(ii) to provide for making an application for any permission

required under relevant law electronically through Single Window

System;

(iii) to provide for constitution of the Empowered Committee

consisting of Development Commissioner (Industries) as a Chairman

to supervise the work of MAITRI, decide and dispose off such

applications which are not disposed off by the Competent Authorities

within specified time limits, to resolve grievances of applicants,

etc.;

(iv) to provide for constitution of the Supervisory Committee

consisting of Secretary (Industries) as a Chairman to examine the

proposal referred by the Empowered Committee, to give directions

on any issues regarding Ease of Doing Business, to make policy

recommendations to the concerned authorities, etc.;

(v) to provide that inspections under the provisions of relevant

laws by Competent Authorities, shall as far as practicable be

conducted jointly, based on random selection;

(vi) to provide for designing and developing of comprehensive

Online Wizard Module to assist the entrepreneur or investor to

set up industries in the State.

¦ÉÉMÉ {ÉÉSÉ--+----4-3+

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely:-

Clause 1(2).–Under this clause, power is taken to the State Government

to appoint, by notification in the Official Gazette, the date on which this Act

shall come into force.

Clause 3.–Under this clause, power is taken to the State Government,-

(a) under sub-clause (1), to specify, by notification in the Official

Gazette, the permissions required under the relevant law for which

application shall be made through the Single Window System;

(b) under sub-clause (2), to prescribe by rules the processing fees be

accompanied by an application made under sub-clause (1).

Clause 6.–Under this clause, power is taken to the State Government,-

(a) under sub-clause (1), to prescribe by rules, the members of the

Empowered Committee other than the Chairman thereof;

(b) under sub-clause (2), to prescribe by rules, the time and place of

conducting meetings of and the procedure to be adopted to transact

business of, the Empowered Committee.

Clause 7(e).–Under this clause, power is taken to the State Government

to prescribe by the rules, powers of the Empowered Committee other than

those specified in clause 7.

Clause 8(1)(h).–Under this clause, power is taken to the State

Government to prescribe by rules, the functions of the Empowered

Committee other than those specified in clause 8(1).

Clause 10.–Under this clause, power is taken to the State Government,—

(a) under sub-clause (1), to prescribe by rules, members of the

Supervisory Committee other than the Chairman thereof;

(b) under sub-clause (2), to prescribe by rules, the time and place of

conducting meetings of and the procedure to be adopted to transact the

business of, the Supervisory Committee.

Clause 11(c).–Under this clause, power is taken to the State

Government to prescribe by rules, the powers of the Supervisory Committee

other than those specified in clause 11.

Clause 12(d).–Under this clause, power is taken to the State

Government to prescribe by rules, the functions of the Supervisory

Committee other than those specified in clause 12.

Clause 15(n).–Under this clause, power is taken to the State

Government to prescribe by rules, the functions of the Nodal Agency other

than those specified in clause 15.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

Clause 18.–Under this clause, power is taken to the State Government,—

(a) under sub-clause (1), to prescribe by rules, the time limit to

exercise the powers and discharge the functions under this Act and the

rules made thereunder, by the Supervisory Committee and the

Empowered Committee;

(b) under sub-clause (2), to prescribe by rules, the time limit to

respond to queries raised by an entrepreneur or investor or any person,

by the Nodal Agency or Competent Authorities.

Clause 19.–Under this clause, power is taken to the State Government

to prescribe by rules, the fees for the services to be availed through the

Single Window System.

Clause 20(5).–Under this clause, power is taken to the State

Government to prescribe by the rules, the time limit to provide information

on additional new permission to be included as part of the Wizard Module,

by the concerned Department or Authority.

Clause 23.–Under this clause, power is taken to the State Government

to issue general or special directions, to the Empowered Committee in

respect of policy matters as it deems necessary or expedient for the purpose

of carrying out the objectives of this Act.

Clause 27.–Under this clause, power is taken to the State Government

to make rules, by notification in the Official Gazette, to carryout the purposes

of this Act.

Clause 28.–Under this clause, power is taken to the State Government

to issue an order published in the Official Gazette, for removing any difficulty,

which may arise in giving effect to the provisions of this Act, within a period

of two years from the date of commencement.

The above-mentioned proposals for delegation of legislative power

are of normal character.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

FINANCIAL MEMORANDUM

Clauses 3, 6, 10 and 20 of the Bill provides for filing of an application

by an entrepreneur or investor in electronic form through Single Window

System to set up a new industrial undertaking or continue operation of

an existing industrial undertaking in the State, constitution of

Empowered Committee, constitution of Supervisory Committee and to

design a comprehensive Online Wizard Module by the MAITRI to assist

entrepreneurs or investors in identification of permission required to

establish, setup or operationalize industrial, commercial or business

related operations in the State, respectively.

Thus, the Bill would involve approximately non-recurring

expenditure of rupees five crores and recurring expenditure of rupees

eight crores per year from the Consolidated Fund of the State on its

enactment as an Act of the State Legislature.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, ¡äò¥ÉÖ´ÉÉ®úÒ 28, 2023/¡òÉ±MÉÖxÉ 9, ¶ÉEäò 1944

GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF THE

CONSTITUTION OF INDIA

(Copy of Government of Maharashtra Order, Law and Judiciary

Department)

In exercise of the power conferred upon him by clause (3) of Article

207 of the Constitution of India, the Governor of Maharashtra is pleased

to recommend to both Houses of the State Legislature, the Consideration

of the The Maharashtra Industry, Trade and Investment Facilitation

Bill, 2023.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Mumbai,

Principal Secretary,

Dated the 28th February, 2023.

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.