PUNJAB GOVT. GAZ. (EXTRA), MARCH 5, 2021
(PHGN 14, 1942 SAKA)
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( 1261 )
Regd. No. NW/CH-22
Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, MARCH 5, 2021
(PHALGUNA 14, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 5th March, 2021
No. 6-PLA-2021/8.- The Punjab Bureau of Investment Promotion
(Amendment) Bill, 2021 is hereby published for general information under the
proviso to rule 121 of the Rules of Procedure and Conduct of Business in the
Punjab Vidhan Sabha (Punjab Legislative Assembly):-
Bill No. 6-PLA- 2021
THE PUNJAB BUREAU OF INVESTMENT PROMOTION
(AMENDMENT) BILL, 2021
A
BILL
further to amend the Punjab Bureau of Investment Promotion Act, 2016,
with a view to promote the ease of doing business in the State of Punjab by
way of making the process of issuance of regulatory clearances time-bound,
so as to boost economic growth and development, and to promote
entrepreneurship and investments.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second Year of the Republic of India as follows: -
PUNJAB GOVT. GAZ. (EXTRA), MARCH 5, 2021
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1.
(1)
This Act may be called the Punjab Bureau of Investment Promotion
(Amendment) Act, 2021.
(2)
It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2.
In the Punjab Bureau of Investment Promotion Act, 2016 (hereinafter
referred to as the principal Act), in section 2,-
(i)
after clause (c), the following clauses shall be inserted, namely:-
"(ca) “clearance” means the grant or issue of no-objection
certificate, consent, allotment, approval, permission,
registration, enrolment, license and the like, granted or issued
by any competent authority; and
(cb) "competent authority" means any individual or body of
individuals or agency empowered under the relevant Act or
any rules, policy, guidelines framed thereunder, to issue
clearance in connection with the setting up of an industrial
undertaking or enterprise or such similar establishment, or
expansion of existing enterprise or industrial undertaking or
running an enterprise;";
(ii)
after clause (f), the following clause shall be inserted, namely:-
"(fa) “online portal” means the Single Window Portal notified by
the Government for the purpose of issuing clearance;";
(iii)
in clause (h), the word "and", occurring at the end, shall be omitted;
and
(iv)
in clause (i), for the sign ".", occurring at the end, the sign and word
"; and" shall be substituted and thereafter, the following clause
shall be added, namely:-
"(j)
“stipulated time” means the maximum time as notified
by the Government from time to time to provide
clearance, or to adjudicate on any appeal presented
before the Appellate Authority.".
3.
In the principal Act, after section 8, the following sections shall be inserted,
namely:-
"8-A.
The Government shall set-up a dedicated online portal which
shall serve as a single window for all clearances, and it shall
Short title and
Commencement.
Amendment in
section 2 of
Punjab Act 32 of
2016.
Insertion of new
sections in
Punjab Act 32
of 2016.
Online Portal.
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be incumbent upon all Departments of the Government to use this
online portal for the purpose of deploying all clearances that are
required for the purpose of establishing and carrying on business in
the State of Punjab, as notified by the Government from time to time.
8-B. (1)
Upon failure of the competent authority to issue clearance to
any application filed on the online portal, within the stipulated
time, the application shall be deemed to have been issued such
clearance:
Provided that the application is complete in all respects, including the
submission of requisite fees and an undertaking by the applicant to comply
with all provisions of the relevant Act or any rules, policy, guidelines framed
thereunder, and face penal action in case of non-compliance thereof.
(2)
Notwithstanding anything contained in sub-section (1), the competent
authority may, within the first seven days of the submission of the completed
application, ask for additional information from the applicant:
Provided that such request for additional information shall be made only
once by the competent authority.
(3)
In case the additional information furnished by the applicant to the
competent authority is found to be insufficient or unsatisfactory upon scrutiny,
the competent authority shall be at liberty to reject the application within the
stipulated time by issuing an order in writing, giving reasons for rejecting the
application:
Provided that in case no order is issued within the stipulated time by the
competent authority, the application shall be deemed to have been issued
clearance.
(4)
The deemed clearance shall, for all intents and purposes, carry the
weight of a clearance granted by the competent authority under the relevant
Act or any rules, policy, guidelines framed thereunder.
8-C. (1)
The Administrative Secretary concerned, may, through an
order issued in writing, delineating the reasons thereof, revoke
the deemed clearance granted under Section 8-B, within a
period of six months from the grant of deemed clearance, if
any submission made by the applicant in the Common Application Form or any
supporting document is found to be false or fraudulent, or the applicant’s business
being run or established on the basis of deemed clearance issued by the
Deemed
clearance.
Revocation
of deemed
clearance.
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Government is found to be in violation of any provision of the relevant Act or
any rules, policy, guidelines framed thereunder, and such a fact is brought to
the notice of the Department or agency concerned.
(2) In case of violation, action shall be initiated against the applicant by
the competent authority under the relevant law:
Provided that any such action shall be initiated after an opportunity of
being heard has been given to the applicant, and the orders are issued in writing
by the concerned Administrative Secretary.
8-D. Any appeal regarding any grievance(s) of an applicant, in respect of the
issuance or rejection or revocation of deemed clearance,
shall lie with the Government of the concerned department,
and all appeals shall be disposed of by passing a speaking order within thirty
days from the date of filing of the appeal.
8-E. Notwithstanding anything inconsistent contained in any other law
of the State Legislature for the time being in force, covering
the grant of clearance under section 8-B, or any rules, policy,
guidelines framed thereunder, the provisions of this Act shall
have an overriding effect.
8-F. All clearances granted under the relevant Act or any rules, policy,
guidelines framed thereunder, shall automatically be renewed
on submission of an undertaking by the applicant that there is
no change in the parameters against which renewal is sought and on submission
of requisite fee:
Provided that such renewals shall be online, automatic and non-
discretionary.
8-G. The provisions contained in section 8-B shall not debar the competent
authority from carrying out inspections to ensure compliance
of conditions of the relevant Act or any rules, policy, guidelines framed
thereunder.".
Appeal
Mechanism.
Overriding
effect on other
laws.
Auto renewal
of clearances.
Inspections.
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STATEMENT OF OBJECT AND REASONS
The Punjab Bureau of Investment Promotion (Amendment) Bill, 2021, is
aimed to amend the Punjab Bureau of Investment Promotion Act, 2016. It is
envisaged to promote the ease of doing business in the State of Punjab by way
of making the process of issuance of regulatory clearances time-bound, so as
to boost economic growth and development, and to promote entrepreneurship
and investments.
AMARINDER SINGH,
Chief Minister, Punjab.
_____________
CHANDIGARH
SHASHI LAKHANPAL MISHRA,
THE 5TH MARCH, 2021
SECRETARY.
_____________
2243/3-2021/Pb. Govt. Press, S.A.S. Nagar