Immediate Update| Law and Legislative Department, Government of Haryana issues Haryana Enterprises Promotion (Amendment) Bill, 2017

Immediate Update| Law and Legislative Department, Government of Haryana issues Haryana Enterprises Promotion (Amendment) Bill, 2017

March 23, 2017 Operations 0

The Law and Legislative Department, Government of Haryana has recently issued the Haryana Enterprises Promotion (Amendment) Bill, 2017 (“the Bill”)  which proposes to amend the Haryana Enterprises Promotion Act, 2016 (“Principal Act”).

Any suggestion/ objection may be registered by concerned persons, online by logging in on the web portal of Department of Industries and Commerce, Haryana via the link given below –

https://haryanaindustries.gov.in/site/login

Last Date for submission of Feedback /Suggestion is 28th March, 2017.

The following are the changes that the Bill propose to bring about:

  1. Insertion of definitions

In Section 2

  1. The Bill proposes to insert a new clause (ba) to define ‘Business Entity’ as –

“business entity” means an existing enterprise which has set up an enterprise and includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a registered firm; (v) a Limited Liability Partnership; (vi) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; or (vii) any corporation established by or under any Central, State or Provincial Act or a Government Company as defined under section 2(45) of the Companies Act, 2013 or (viii) any body corporate incorporated by or under the laws of a country outside India; or (ix) a co-operative society registered under any law relating to cooperative societies;”

  1. The Bill proposes to amend clause (c) which defines ‘Clearances’ –

‘clearances’ means grant or issue of renewal of no objection certificate, allotment, consent, approval, permission registration, enrolment, license by any authority in connection with the business entity or setting up of enterprise or expansion of existing enterprise in the State; and”

Existing definition –

“clearances” means grant or issue of no objection certificate, allotment, consent, approval, permission, registration, enrolment, licence by any authority in connection with the setting up of enterprise in the State or expansion of existing enterprise;

The existing definition does not include renewal of no objection certificate, allotment, consent, approval, permission registration, enrolment, license by any authority in connection with the business entity or setting up of enterprise or expansion of existing enterprise in the State. The proposed amendment would include the renewal as well.

  1. Addition of Section 9A and Section 9B

“9A. For all clearances of business entities, online application forms will be made available through single window on the web portal of Industries and Commerce Department. The business entities shall fill in application forms available on the web portal for grant of clearances. On receipt of an application, the Haryana Enterprises Promotion Centre or the District Industries Centers shall process and secure clearances from the authorities as may be prescribed.”

“9B. Within six months of date of notification of this Amendment Act, all the services of all the departments relating to enterprises and business entities shall be made online and notified for time bound clearances.”

By virtue of the amendment, all clearances will be made available through single window on the web portal of Industries and Commerce Department and all the services of all the departments relating to enterprises and business entities will be made online and notified for time bound clearances.

  1. Amendment of Section 12 pertaining to Notified Services

“12. The Industries and Commerce Department may notify services and timelines thereof relating to promotion of enterprises in the State from time to time.”

Existing provision –

The Industries and Commerce Department may notify industrial services relating to industrial promotion in the State under the Haryana Right to Service Act, 2014 (4 of 2014).

After the proposed amendment, the Industries and Commerce Department will have the authority to notify the services along with the timelines for such services pertaining to promotion of enterprises in the State.

Source: Law and Legislative Department, Government of Haryana

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