Amendment status not verified — confirm the current text below against the official source.
In the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 (5 of 2000),-- (1) in the long title, for the words "required for setting up of industrial undertakings", the words "including renewal thereof required for setting up and for expansion, diversification and modernisation of enterprises" shall be substituted; (2) in the preamble,-- (i) after the word "industries" the words "and enterprises" shall be inserted; (ii) for the portion beginning with "AND WHEREAS, for the speedy issue of various licences" and ending with "industrial area level" the following shall be substituted, namely:-- "AND WHEREAS, for the speedy issue of various licences, clearances and certificate required for setting up and running of enterprises and for issue of clearances for expansion, diversification, modernisation and renewal of licences for enterprises in the State of Kerala and for that purpose it is necessary to establish Single Window Clearance Boards at the State, District and Industrial Area level"; (3) in section 2,-- (a) in clause (a),-- (i) after the word "Municipality", the words "any statutory bodies or service providers" shall be inserted; (ii) after the word "permits", the words "or consents or renewal thereof" shall be inserted; (iii) for the words "industrial undertaking", the word "enterprises" shall be substituted; (b) after clause (b), the following clause shall be inserted, namely:-- "(ba) "Clearances" means various clearances including licences, certificates, permits or consents required under various Central or State enactments and rules made thereunder, and for providing utility services and renewal thereof from, time to time, for setting up and running, expansion, diversification and modernisation of any enterprise in the State of Kerala;"; (c) after clause (d), the following clause shall be inserted, namely:-- "(da) "Enterprise" means any undertaking or factory or workshop or workplace or any other establishment or industry engaged in manufacturing or processing or providing services or any commercial activities including trade or investment in infrastructure;"; (d) clause (j) shall be omitted; (4) in section 3,-- (a) in sub-section (1), for the words "setting up of Industrial undertakings", the words "setting up, running, expansion, diversification and modernisation of enterprises" shall be substituted; (b) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) The State Board shall consist of the following members, namely:-- (a) Chief Secretary to the Government; (b) The Secretaries to the Government in charge of Industries, Finance, Labour, Local Self Government, Revenue, Taxes. Water Resources, Power, Forests, Environment. Tourism, Health, Investment Promotion and Public Works departments; (c) Managing Director, Kerala State Industrial Development Corporation Limited; (d) Director of Industries and Commerce, Government of Kerala; (e) Chairman and Managing Director, Kerala State Electricity Board Limited; (f) Chief Town Planner; (g) Chairman, Kerala State Pollution Control Board; (h) Chief Electrical Inspector; (i) Director of Factories and Boilers; (j) Director of Mining and Geology; (k) Director General, Fire and Rescue Services Department."; (c) in sub-section (5), for the words "at such times" the words "at such intervals not exceeding thirty days" shall be substituted; (5) in section 4,-- (a) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) Every District Single Window Clearance Board shall consist of the following members, namely:-- (a) District Collector concerned; (b) General Manager, District Industries Centre; (c) The President of the Village Panchayat concerned or Chairperson of the Municipality/Mayor of the Corporation concerned in cases where licence is required from local bodies; (d) The District Officer of the Kerala State Pollution Control Board or any other officer of the said Board nominated by the Chairman, Kerala State Pollution Control Board; (e) The District Officer of the Electrical Inspectorate or any other officer nominated by the Chief Electrical Inspector; (f) The District Officer of the Town and Country Planning Department or any other officer nominated by the Chief Town Planner; (g) District Medical Officer; (h) The Deputy Chief Engineer of the Electrical Circle of the Kerala State Electricity Board Limited having jurisdiction over the district; (i) District Officer, Factories and Boilers; (j) Divisional Officer, Fire and Rescue Services; (k) Divisional Forest Officer; (l) District Labour Officer; (m) Secretary, Urban Development Authority or Secretary, District Panchayat; (n) An Officer of the State Goods and Services Tax Department not below the rank of Deputy Commissioner; (o) An Officer of the Kerala Water Authority not below the rank of Executive Engineer nominated by the Managing Director, Kerala Water Authority; (p) An Officer of the Tourism Department not below the rank of Deputy Director nominated by the Director of Tourism Department; (q) An Officer of the Public Works Department not below the rank of Executive Engineer nominated by the Secretary, Public Works Department; (r) District Officer of the Department of Mining and Geology."; (b) in sub-section (5), for the words "at such times" the words "at such intervals not exceeding twenty days" shall be substituted; (6) in section 5,-- (a) in sub-section (1), for the words, "setting up of small scale industrial undertaking or industrial undertakings" the words, "setting up and running of enterprises" shall be substituted; (b) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) Every Industrial Area Single Window Clearance Board shall consist of the following members, namely:-- (a) Principal Secretary to Government, Industries Department or his nominee; (b) District Collector; (c) Chief Executive of the Agency owning or managing the industrial area; (d) Designated Authority of industrial area concerned; (e) District Officer of the State Pollution Control Board; (f) District Officer of the Electrical Inspectorate; (g) District Officer of the Town and Country Planning Department; (h) District Medical Officer; (i) Deputy Chief Engineer of the Kerala State Electricity Board Limited; (j) District Officer, Factories and Boilers; (k) Divisional Officer, Department of Fire and Rescue Services; (l) Divisional Forest Officer; (m) District Labour Officer; (n) An officer of the State Goods and Service Tax Department not below the rank of Deputy Commissioner; (o) Executive Engineer, Kerala Water Authority; (p) Secretary, District Tourism Promotion Council; (q) General Manager, District Industries Centre; (r) Designated authority of Industrial Area concerned and in case of private park, General Manager, District Industries Centre of the district concerned."; (c) for sub-section (4), the following sub-section shall be substituted, namely:-- "(4) District Collector shall be its Chairman and the Designated Authority of the industrial area concerned or in the case of private park, General Manager, District Industries Centre of the district concerned shall be the Convener of the Industrial Area Board."; (7) in section 6,-- (a) for the words "all industrial undertakings being established or proposed to be established", the words "all enterprises being established or proposed to be established or operating" shall be substituted; (b) after the words "for the construction of the building", the words "including expansion, diversification, modernisation and issue of trade licences" shall be inserted; (8) in section 7,-- (a) in sub-section (1),-- (i) for the words "an industrial undertaking or small scale industrial undertaking", the word "enterprises" shall be substituted; (ii) after the word "certificates" the words "or renewal of licences" shall be inserted: (b) in sub-section (2),-- (i) the word "as" after the word "decision" shall be omitted; (ii) in clause (a), for the words "to recommend to the authority concerned, the issue of the licence", the words "to issue the licence, renewal of licences" shall be substituted; (c) in sub-section (3), after the words "designated authority of the Industrial Area Board", the words "if no communication is received by the applicant within thirty days from the date of submission of application to the Board, the permission applied for shall be deemed to have been granted by the Board for such period requested for in the application" shall be inserted; (9) in section 8,-- (a) in sub-section (1), for the words "small scale industrial undertaking having capital investment of more than two lakh", the words "enterprises having capital investment up to fifteen crores" shall be substituted; (b) in sub-section (2),-- (i) for the words "sixty days", the words "thirty days" shall be substituted; (ii) the word "as" after the word "decision" shall be omitted; (iii) in clause (a), for the words "to recommend to the authority concerned the issue of the licence", the words "to issue the licence," shall be substituted; (c) in sub-section (3), after the words "Convener of the District Board", the words "and the same shall be binding on the authority concerned, and if no clearance, licence or certificate or renewals thereof, as the case may be, is issued within thirty days from date of submission of application to the Board, the clearance, licence or certificate-or renewals thereof applied for, shall be deemed to have been issued after the expiry of said period of thirty days" shall be inserted; (d) for sub-section (4), the following sub-section shall be substituted, namely:-- "(4) Notwithstanding anything contained in any other law for the time being in force, the application for clearance, licence or certificate or any renewal thereof, submitted before the District Board concerned for establishing or running of an enterprise having a capital investment of less than fifteen crore rupees is rejected or granted with conditions, the person aggrieved may file an appeal before the State Board against such order of refusal or grant of license with conditions within thirty days from the date of receipt of order from the District Board, in the manner prescribed, and appeal shall be disposed of by the State Board within twenty days from the date of receipt of the appeal."; (10) in section 9,-- (a) in sub-section (1),-- (i) for the words "industrial undertaking other than a small scale undertaking", the words "enterprise having total investment above fifteen crore rupees" shall be substituted; (ii) after the word "certificates", the words "or renewals thereof" shall be inserted; (b) in sub-section (2),-- (i) for the words "forty five days", the words, "thirty days" shall be substituted; (ii) the word "as" after the word "decision" shall be omitted; (iii) in clause (a) for the words "to recommend to the concerned authority the issue of licence", the words "to issue licence, clearance or renewal" shall be substituted; (c) in sub-section (3), after the words "Convener of the State Board", the words "and the same shall be binding on the authorities concerned and if no clearance, licence, certificate or renewals thereof, as the case may be, is issued within thirty days from date of submission of application to the Board, the clearance, licence, certificate or renewals thereof applied for shall be deemed to have been issued after the expiry of said period of thirty days" shall be inserted; (d) after sub-section (3), the following sub-section shall be inserted, namely:-- "(4) The State Board is also empowered to recommend to the Government on policy matters concerning various issues and problems faced by any entrepreneur in establishing any enterprise or for the development, diversification of modernisation or implementation or operation or running of such enterprises in the State and suggest remedial measures to address such issues and problems in good industrial practice to promote investment opportunity in the State."; (11) for section 10, the following section shall be substituted, namely:-- "10. Issuing of clearances, licences, certificates or renewal thereof.-Notwithstanding anything contained in any other law for the time being in force or any other provisions of this Act, the State Board, District Boards or Industrial Area Board shall issue the clearance, licence, certificate or renewal thereof, as the case may be, within thirty working days from the date of receipt of the application by the Board concerned, and if no clearance, licences, certificates or renewal thereof, as the case may be, is issued or the said application is not rejected within the said time limit, the clearance, licence, certificate or renewal thereof, as the case may be, shall be deemed to have been issued after the expiry of said period of thirty days."; (12) in section 11,-- (a) in sub-section (1),-- (i) for the words "recommended with modification", the words "issued with such conditions" shall be substituted; (ii) for the words "such refusal or recommendations", the words "issued with such conditions" shall be substituted; (b) in sub-section (2), for the words "thirty days", the words "twenty days" shall be substituted; (c) after section 11, following section shall be inserted, namely:-- "11 A. Overriding powers of the State Board, District Boards and Industrial Area Boards.-- (1) Notwithstanding anything contained in any other law for the time being in force, or other provisions of the Act, the State Board, the District Boards or the Industrial Area Boards as the case may be, on receipt of composite application prescribed under rules along with recommendations of the departments concerned, shall issue a composite licence to the applicant in the form prescribed for establishing and running an enterprise in the State and such composite licence issued by the respective Board shall be binding on all authorities concerned and shall be valid for a period of five years from the date of its issue: Provided that if an enterprise is being established on a rented or leased premises the validity of the composite licence shall expire on the expiry of the lease or rental period or five years whichever, is earlier and such authorities shall not cancel such license without the consent of the respective Board. (2) The authorities concerned, shall have the right to conduct inspection of the enterprise periodically, but not exceeding one year at a time, and enquire whether the enterprise has violated any provisions of the Act or rules made thereunder, and if any violation is noticed by the authorities concerned or the information given in the application for the grant of composite licence is found to be false, the authority concerned may recommend to the Board concerned to cancel the composite licence for non-compliance of any conditions imposed on issue of such licences or violation of any provisions of Act or rules, and on receipt of such recommendation, the Board concerned shall cancel the composite licence and may impose a penalty, as may be prescribed, on such enterprises after issue of a show cause notice and after considering any submission, if any, made by such enterprises. (3) All composite licences issued under this section shall be renewed for a period of five years at a time on submission of an application along with the prescribed fee, within seven days from the date of receipt of such application.".