Bare ActsThe Punjab Industrial and Business Development Policy 2022

Section 12

Addl

Amendment status not verified — confirm the current text below against the official source.

Addl. Dir/Joint Dir/Deputy Director Member Secretary 15.3.2 District level Single window committee/ District Level committee District Level single window Committee notified vide notification no 5232 dated 31.10.2018 under IBDP 1017 having following composition shall continue to District Level committee as competent authority for approval and sanction of fiscal incentives for Micro, Small & Medium Enterprises having Fixed Captial Investment up to 25 CRORES under this Policy. i. Deputy Commissioner Chairman 103 ii. General Manager, District Industries Centre Member-Secretary iii. Department of Finance Member iv. Department of Town and Country Planning Member v. Department of Labour Member vi. Department of Local Government Member vii. Department of Public Works Member viii. Department of Forests Member ix. Department of Taxation Member x. Department of Factories Member xi. Punjab Pollution Control Board Member xii. Chief Engineer (Electrical), PSPCL Member xiii. District Mandi Officer Member xiv. Lead District Manager Member xv. Concerned Financial Institution Member xvi. Two members from Industry Associations Member District level single window already notified will stand amended to above extent. 15.3.3 Time Limit A unit shall file its claim for Incentive with in stipulated time lines for each Scheme prescribed under this Policy. Director Industries will be competent to condone delay up to 6 months in submission of incentive applications and Administrative Secretary Industries and Commerce will be competent to condone delay beyond six months. 15.4 Interpretation of Policy, Guidelines and additional instructions Administrative Secretary Industries & Commerce, Punjab shall be competent to make interpretation of provisions of the Policy, Scheme and guidelines and can issue additional instructions. 15.5 Changes in the Forms and Standard Operating Procedures and Online Portal Administrative Secretary, Industries and Commerce, Punjab shall be competent to prescribe and amend relevant forms and standard operating procedures. He shall also be 104 competent to approve the necessary workflows, validations and other changes as may be required for Online Portal. Any changes in guidelines, procedures and other modalities will be made on the portal and no separate intimation would be required. The applicant is required to check the status of his application on the portal and the Department will update the status on portal only. 15.6 Appeals & Review Appeal against orders passed by the District Committee shall lie with the State Level Committee. Further, State Level Committee will be competent to review its orders on review petition filed by concerned applicant unit. The appeal / review shall be filed within 30 days from the date of communication of the order passed by District / State Level Committee. 15.7 Online Portal for Fiscal Incentives 15.7.1 The Invest Punjab Business First Portal (www.pbindustries.gov.in)shall continue for sanction and disbursement of fiscal incentives to the eligible units. The Portal has the following salient features: (i) Standardization of procedures and timelines for incentives (ii) Providing all incentives through online Portal of the State (iii) Combined Application Form for Incentive (I-CAF-) (iv) The incentive applications are processed online by the concerned officers / departments and status of the application is updated at each step (v) The status of all incentive applications is available online (vi) User manual for availing Incentive is available on the Portal. 15.7.2 Department shall launch mobile app for tracking and monitoring Applications for Regulatory Clearances/ Services and Fiscal incentives. 15.7.3 The Department will levy a processing fee to be fixed from time to time for the regulatory and fiscal services provided to the industry. 15.7.4 In case of portal not being in operation due to any technical, functional or any other reason, the Administrative Secretary, Industries and Commerce may allow offline processing of cases for a period by passing an order in writing. 105 Chapter 16 Procedure for Availing Fiscal Incentives 16.1 Scheme for Exemption from payment of Stamp Duty or Reimbursement thereof 16.1.1 Exemption from Stamp Duty i All the eligible units shall apply on web portal in the prescribed application form - SD along with attachments for seeking exemption from Stamp Duty on purchase/lease of land and building. 16.1.2 Reimbursement of Stamp Duty i All the eligible industrial units shall apply on web portal of the department in the prescribed application form - SD along with attachments within three months from the date of approval of ICAF or commencement of commercial production whichever is later to seek refund. ii After approval of reimbursement claim by the competent authority of District Level Committee (DLC) / State Level Committee (SLC) as the case may be the sanction letter shall be issued by the convener of DLC/SLC. Disbursement of the sanctioned claim shall be made by the Department of Industries & Commerce out of the Budgetary Provision as per seniority in accordance with the Clause 15.1.9. 16.1.3 Other Conditions i In the case of Stamp Duty exemption, the applicant needs to submit a Bank Guarantee equivalent to the sum of stamp duty applicable, valid up to the date of commercial production/ operation, provided, the units already in production need not submit a Bank Guarantee. ii Reimbursement of stamp duty shall be allowed for land or building which has been purchased/leased up to 3 years prior to the date of submission of ICAF, by the same entity. The refund will be given only after the unit commences commercial production. 16.2 Scheme for Exemption/Reimbursement from payment of CLU/EDC 16.2.1 Procedure for Exemption from CLU/EDC 106 A Unit shall apply on web portal of the department in the prescribed application form – CLU/EDC along with attachments for seeking exemption from CLU/EDC charges. 16.2.2 Procedure for Reimbursement of CLU/EDC (i) All the eligible industrial units shall apply on web portal of the department in the prescribed application form – CLU/EDC along with attachments within three months from the date of approval of ICAF or commencement of commercial production whichever is later to seek refund. (ii) The amount of reimbursement of CLU/EDC shall be Reimbursed by concerned authority after issuance of eligibility certificate by the competent authority as per chapter 15. iii. Other Conditions For availing the incentive of CLU/EDC, in case of Ultra Mega/Mega/Anchor Unit availing incentive in phase wise investment in accordance with clause 13.6, the applicant needs to submit a bank guarantee equivalent to sum of EDC applicable, valid up to the date till the unit achieve the status of Ultra Mega/Mega/Anchor Unit on the basis of FCI or maintain the status of Anchor Unit on the basis of Direct Employment. 16.3 Scheme for Grant of Exemption from payment of Electricity Duty Application on prescribed Form – ED for the grant of electricity duty Exemption, along with listed documents would be submitted on the web portal within three months from the date of commencement of commercial production 16.4 Scheme for Grant of Exemption from payment of Property Tax Application on prescribed Form-PT for the grant of Property tax exemption, along with listed documents would be submitted on the web portal 16.5 Scheme for Investment Subsidy by Way of Reimbursement of VAT/SGST 16.5.1 Application on prescribed Form - SGST for the grant of Investment subsidy along with listed documents would be submitted on web portal of the department within twelve months of closing of the financial year. 107 16.5.2 The details of the net VAT /CST/SGST paid during the year and incentive admissible for which the claim is being made shall be verified by the competent authority declared by Department of Excise & Taxation as per the following online procedure: 16.5.3 Disbursement of Investment subsidy by way of reimbursement of net SGST/VAT i After the approval by DLC/SLC as the case may be eligibility certificate shall be issued by the convener of concerned DLC/SLC. ii After approval of incentive claim by the competent authority of DLC/SLC as the case may be the sanction letter shall be issued by the convener of DLC/SLC. iii Disbursement of the sanctioned claim shall be made by the Department of Industries & Commerce out of the Budgetary Provision as per seniority in accordance with the clause 15.1.19. 16.5.4 Standard Operating Procedure for Investment Subsidy by way of reimbursement of net SGST/VAT i After the issuance of Eligibility Certificate, a Passbook shall be created online in the format prescribed by the Department of Excise & Taxation. ii The Investor shall submit application form in accordance with Clause 16.5 for Reimbursement of GST in Form SGST along with the required documents under the prescribed time period. iii General Manager, District Industries Centre will forward the case to concerned Assistant Excise & Taxation Commissioner through online system at Invest Punjab Business First Portal for verification of the incentive claimed. iv The Assistant Excise & Taxation Commissioner shall confirm the amount of Reimbursement in form SGST 1 within 30 days to General Manager, District Industries Centre. v General Manager, District Industries Centre will forward the request of Sanction of Incentive claim in accordance with the report of Assistant Excise & Taxation Commissioner within 5 days to Incentive Branch. The passbook shall be updated online by the system & claim shall be entered in Seniority List of Sanctioned Cases. 108 vi After the approval of the incentive claim, the sanction letter shall be issued by the convener of District Level Committee or State Level Committee as the case may be. The sanction letter shall be issued after obtaining the approval of the Deputy Commissioner of the concerned district in case of DLC and Director Industries & Commerce, Punjab in case of SLC. There shall be no need to place the SGST incentive claim before the DSC/DLC/SLC for approval after the issuance of Eligibility Certificate. vii The claim shall be disbursed by the Department of Industries & Commerce in accordance with Clause 15.1.9. 16.6 Schemes for Fiscal Incentives to MSMEs 16.6.1 Interest Subsidy Scheme for MSMEs, Start-ups The unit must be registered with the portal and submit application for approval of the project. Only after the approval of the competent authority, the unit shall proceed. Thereafter application on prescribed Form – IS for the grant of interest subsidy on the term loan, along with listed documents would be submitted on the portal of the department, within three months from the date of approval of ICAF or within three months of closing of financial year whichever is later for which incentive is being claimed. 16.6.2 Additional State Support under CLCSS for Technology Upgradation for MSMEs The unit must be registered with the portal and submit application for approval of the project. Only after the approval of the competent authority, the unit shall proceed. Thereafter application on prescribed Form (Annexure-CL) for the grant of Credit Linked Interest subsidy along with listed documents would be submitted to the competent Authority on the web portal of the department. 16.6.3 Additional State Support under CGTMSE scheme for MSEs The unit must be registered with the portal and submit application for approval of the project. Only after the approval of the project, the unit shall proceed. Thereafter application on prescribed Form - CGTMSE for the grant of additional State financial support under Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) of scheme of government of India along with listed documents would be submitted on the web portal of the department. 109 16.6.4 Financial Assistance for Emerge Exchange platform set up by NSE to SMEs The unit must be registered with the portal and submit application for approval. The unit shall proceed for public issue after approval of the application by the competent authority. Application on prescribed Form - EX for the grant of financial assistance on the expenses on registration with NSE, along with listed documents would be submitted on the web portal. The unit shall claim assistance within three months from the date of approval of ICAF or within 3 months of date of full and final subscription of public issue whichever is later. 16.6.5 Assistance for Technology Acquisition for MSME The unit must be registered with the portal and submit application for approval. The unit shall proceed for procurement after approval of the application by the competent authority. Application on prescribed Form-TA for the reimbursement of cost in technology acquisition along with listed documents would be submitted to the competent Authority, on the web portal. The unit shall claim assistance within three months from the date of approval of ICAF or within 3 month of acquiring technology and before the expiry of period of policy whichever is later. 16.6.6 Additional support to Zero Effect Zero Defect (ZED) scheme of GOI for MSMEs The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for procurement of machinery, equipment and testing equipment. After obtaining gold certification from QCI, application in Form-ZED for reimbursement of expenses incurred for the installation of Machinery, equipment & testing equipment along with listed documents would be submitted on the web portal of the Department. 16.6.7 Reimbursement of expenses incurred on Energy/Steam Audit to MSMEs The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for Energy/Steam Audit in accordance with the terms of approval. Application on prescribed Form - EA for the reimbursement of expenses incurred in conducting energy audit with listed documents would be submitted on the portal of the department within three months from the date of approval of ICAF or 110 within three months from the date of completion of energy/Steam audit whichever is later. 16.6.8 Reimbursement of expenses incurred on Water/Environment Audit for MSMEs The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for water/Environment Audit in accordance with the terms of approval. Application on prescribed Form - WA for the reimbursement of expenses incurred in conducting water audit along with listed documents would be submitted to the competent authority, on the web portal of the department within three months from the date of approval of ICAF or within three months from the date of completion of water/Environment audit whichever is later. 16.6.9 Reimbursement of expenses incurred on Safety Audit for MSMEs The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for Safety Audit in accordance with the terms of approval. Application on prescribed Form - SA for the reimbursement of expenses incurred in conducting safety audit for safety measures along with listed documents would be submitted to the competent authority, on the web portal of the department within 3 months from the date of approval of ICAF or within 3 months of date of installation whichever is later. 16.6.10 Assistance for Environment Compliance for MSEs The unit shall register under ZED scheme and get assessed. In line with the recommendations of QCI for new Effluent Treatment Plant, Water Pollution Control Devices, the unit will apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for installation of ETP/Water pollution control devices and equipment in accordance with the terms of approval. Thereafter unit will get assessed to minimum bronze level under ZED certification. Thereafter application on prescribed Form - EC for reimbursement of assistance on the purchase and installation of ETP/Water pollution control devices and equipment and installing Zero liquid discharge technology along with listed documents would be submitted to the competent Authority, on the web portal of the department within 3 111 months from the date of approval of ICAF or within 3 months of date of installation whichever is later. 16.6.11 Reimbursement of expenses incurred on Patent Registration The unit shall apply on the portal for approval by the competent authority. After the approval of competent authority, unit shall proceed for patent in accordance with the terms of approval. Application on prescribed Form-PR for the reimbursement of expenses incurred in acquiring patent registration along with listed documents would be submitted, on the web portal of the Department within 3 months from the date of approval of ICAF or within 3 months of the acquiring patent whichever is later. 16.6.12 Additional Support for Performance and Credit Rating Scheme of Ministry of MSME The unit shall apply on the portal for approval by the competent authority. After the approval of competent authority, unit shall proceed for credit rating in accordance with the terms of approval. Application on prescribed Form-PCR for the grant of Credit Rating Assistance along with listed documents would be submitted to the competent authority, on the web portal of the department within 3 months from the date of approval of ICAF or within 3 months of the issue of letter of rating by the credit rating agency whichever is later. 16.6.13 Reimbursement of expenses incurred on Quality Certification The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for Quality Certification in accordance with the terms of approval. Application on prescribed Form QC for reimbursement of the expenses incurred in acquiring ZED Certification along with listed documents would be submitted on the web portal of the department within 3months from the date of approval of ICAF or within 3 months of acquiring quality certificates whichever is later. 16.6.14 Design Clinic Scheme The Applicant shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for Design workshop in accordance with the terms of approval Application on prescribed Form – DC for refund of contribution of industries under Design Clinic Scheme along with listed documents shall be 112 submitted to the competent authority on the web portal of the department within 3 months from the date of approval of ICAF or within 3 months of conducting Awareness Programme whichever is later. 16.6.15 Marketing Support for MSMEs The unit shall apply on the portal for approval of the competent authority. After approval of the competent authority, the Unit shall proceed for Participating in exhibition in accordance with the terms of approval. Application on prescribed Form-MDA for the grant of Market Development Assistance for the participation in exhibition along with listed documents would be submitted to the competent authority on the web portal of the department before three months of the event and shall submit the Claim in form MDA 1. within three months from the date of approval of ICAF or within 3 months of the closing date of the exhibition participate whichever is later. 16.6.16 Freight Assistance Scheme for Exports from MSMEs The unit has to get registered on the portal. It should submit the necessary information as required on the portal. Application in Form-FS for the grant of freight assistance on export undertaken along with document mentioned therein will be submitted on the web portal of the department within 3 months of date of approval of ICAF or within 3 months from the date of closing of the financial year in which, the products were shipped for exports whichever is later. 16.6.17 Scheme for Digital Marketing Support The unit must be registered with the portal and submit application for approval. Application on prescribed Form-DM for the reimbursement of cost incurred in on boarding on e- commerce plate form of NSIC along with listed documents would be submitted to the competent Authority, on the web portal. The unit shall claim assistance within three months from the date of approval of ICAF or within 3 months of on boarding of its products on NSIC platform whichever is later and before the expiry of period of policy 16.6.18 Scheme for Grant of Exemption from payment of Ground water extraction Charges 113 Application on prescribed Form-GW for the grant of Ground water charges exemption, along with listed documents would be submitted on the web portal 16.7 Scheme for providing Fiscal Incentives to Incubators in Public & Private sector 16.7.1 Eligibility i Eligible Incubator for the purposes of this policy means an organisation registered as an incubator in the State of Punjab, engaged in accelerating the growth of start-ups through host of support services and resources such as space, funding support, mentoring, market linkages and business management services, which propose to incubate minimum 10 incubatees at a time. ii Preference will be given to the incubators in the field of Digital manufacturing, life sciences and bio technology, agro & food processing and information technology to be set up in and around the existing/envisaged industry cluster in the state. iii An incubator must be a registered entity falling under one of the following categories: 1 Society (under The Societies Registration Act, 1860) 2 Section 8 Company (under The Companies Act, 2013) 3 Private Limited Company (under The Companies Act, 2013) 4 Public Company (under The Companies Act, 2013) 5 Limited Liability Partnership (under The Limited Liability Partnership Act, 2008) 16.7.2 Procedure for Making Application and Approval of Assistance: The following procedure is prescribed for seeking assistance i Application for availing assistance A legal entity or eligible incubator intending to avail the assistance under this scheme shall intimate the Competent Authority in Government for registration by an Expression of Interest as per Form-IN1 to this scheme on the web portal. ii Evaluation of applications 114 The applications shall be got evaluated by Expert Committee. iii In-principle Approval 1 The competent authority, on receipt of the evaluation report, shall convey to the applicant its decision granting in-principle approval, its registration number along with the indicative list of eligible assistance or alternatively convey the rejection and causes in brief thereof; the conditions, time lines that the applicant has to comply for availing assistance, the obligations of the applicant as well as of the competent authority in relation to disbursement of the assistance and the likely disbursement schedule. The in-principle approval by the competent authority shall be conveyed in a format as per Form-IN2, within one month from the receipt of application. 2 Communication of in-principle approval doesn't confer any entitlement to the applicant. Entitlement and actual disbursal of the assistance will be an outcome pursuant to formal application in format as in para 16.22.2(v), and in accordance with decision of the competent authority subject to fulfilment of conditions specified therein. iv Validity of In-principle Approval: The in-principle approval shall be valid for a period of one year. However, subject to fulfilment of conditions a and b as indicated in para 5 of Annexure-IN2 to this scheme and subject to satisfactory reasons for non-fulfilment of conditions c, d and e as indicated in para 4 of Form -IN2 to this scheme within one year, in-principle approval can be extended by the competent authority for a period of, at the most one year. After the said period of validity, in-principle approval shall lapse and eligible applicant will have no claim for any incentive or benefit against the Government. However, the intending applicant will be free to reinitiate process by filing a fresh Application for availing assistance under the scheme, which will then be treated as a separate and a new application. v Filing of Formal Application by an Incubator An eligible incubator intending to avail assistance has to register by filling IN1 form as a first step, thereafter the application shall be got evaluated by the Expert Committee. The in- principle approval by the Competent authority shall be conveyed in the format as per Form- 115 IN2 as per the specified timelines. After that, the applicant for availing assistance has to fill in the Form IN3.

Section 12 – The Punjab Industrial and Business Development Policy 2022 | DailyLaw.ai