Keyword(s):
Clearances, District Level Single Window Clearance Authority, Entrepreneur,
High Level Clearance Authority, Industrial Policy Resolution, Industrial Unit,
Nodal Agency, State Level Single Window Clearance Authority
THE ORISSA INDUSTRIES (FACILITATION) ACT, 2004
[ ReceivedIhe assent of the Governor on the 241h December. 2004, first published in an
Exlraordinary issue of Ihe Orissa Gazette,dated the 31st December, 2004 (No. 1857)l
AN ACT TO PROVIDE FORTHE CONSTITUTIONOF CLEARANCEAU,TliORlTlES AT THE
DISTRICTAND STATE LEVELFORSCRUTINY, CONSIDERATIONAND FINAL
DISPOSAL OF THE APPLICATIONSOF THE ENTREPRENEURS
PROPOSINGTO START INDUSTRIES IN THE STATE AND
FORMATTERSCONNECTEDTHERNVITH
..
OR INCIDENTALTHERETO.
Shorl tille,
exlenl and
BEit enacted by the Legislature of the State of Orissa in the Fifty-fifthYear
of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1.(I)This Act may be called the Orissa industries (Facilitation) Act, 2004.
mmmwrzment . (2) It shall extend to the whole of the State of Orissa.
(3).It shall come into force at once.
- Definifions, – 2. Inthis Act unless the context otherwise requires,-
..
. under Seclion 3 of this Act;
(a) ‘Authority’ means anystatutory body, Corporation or other Aulhority
established by the Government, which areenlrusled with the powers
-.
or responsibility to grant or issue clearances;
(6) ‘Clearances’ means supply of No Objection Certificates, allo’tments,
consents. approvals, permissions, registrations, enrolments, licences
or.the like, by the Deparlments of Stale or Central Government,
Authorities or any other bodies;
(c) ‘Deparlrnent’ means a Department of ihe Stale Government;
(d) ‘DislriclLevel-SingleWindow Clearance Aulhority’ means an Authority
consliluled under Section 5 OF this Act;
(e) ‘Entrepreneur’ means a person or body of persons or a Company,
having majority portion of inveslrnent o; conrolling interest in an
industry or enterprise;
(0 r~overnment’means the State Government of Orissa;
(h) ‘Industrial Policy Resolution’ means the Pollcyissued by Industries
Department from time to time;
(4 ‘Industrial Unit’ means any industrial undertaking located inside the
Slate and engaged in any manufacturing or servicing activity as
‘ detailed in the Industrial Policy Resolutionfrom time to time;
liJ ‘Nodal Agency’ means the NodalAgency at Ihe State Levelor at the
District Level consliluted under Section 8 of this Act; ,
‘For the Bill, See Onssa Gazetle. Exlraordinary dated the 31st December 2004 (NO. 1857)70
(k) ‘Notification’ means a notificalion published in the Orissa Gazette
and the word ‘notify’ will be conslrued accordingIy;
(I) ‘Prescribed’ means prescribedby rules made under this Act; and
(m) ‘State Level SingleWindowClearanceAulhorit), means a committee
conslituled under Section.4 ofthis Act.
CONSTITUTIONSAND FUNCTIONSOF DIFFERENT
CLEARANCE AUTHORITIES
High Level
Clearance
Authority.
Slate Level
Single Window
Clearance
Aulharily. .
. 3. (1) Government may, by notification in the Oflicial Gazette, conslitute
from time to time, a Committee known as the High Level Clearance Authority
under the ChairmanshTpof the Chief Minister consisting of such other ex oficio
members,as maybespecified therein which shallexamineand considerproposals
for Industrial and other Projects to be set up in the State where lhe amount of
investment’is rupees fiftycrores or moreor such higher ainount as may fixed by
the Government from time to time and shall have the power to direct concerned
Departmentsor Aulhorities to issue the required clearances within the specified
lime limit subject to compliance of Ihe provisions of the applicable Acts and , ,
Rules or Orders and Inslructionsin force by the Industria!.Unit.
(2) The members of the Aulhority under this Seclion shall personally
allend the meetings and in case of exigencies may depute a senior levelofficial
with written authorisalionto take appropriate decisions in the meetings.
(3) The Authority under this Section shall,-
(a) meet at such times and places and shall adopt such procedures
to transact its business as may be prescribed;
(b) examine the proposals brought before it, for selling up Industrial
‘ Unils;and
(cJ take decisions and communicate its decisionsto the entrepreneurs
. and the Departments or Ihe Authorities concerned within the
prescribedtime li-mit.
(4) The Aulhwity under this Sectionshall bethe final Authority in granting
approvals for the projectsplaced before it and the approvals given by it shall be
binding on all the Departments or Authorities concernedand such Departments
or Authorities shall issuethe required clearances within the prescribed time limit.
- (I) Government may, by notification in the Official Gazette, conslitute,
from time to time, a Cornmillee under the Chairmanshipof the Chief Secretary
known as the State Level Single Window Clearance Authority hereinafterin lhis
Section, referred to as the said Authority consisting af such other ex ofich
members as may specified therein.
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