THE KARNATAKA INDUSTRIES (FACILITATION) (AMENDMENT) ACT, 2013
(Received the assent of the Governor on the Third day of January, 2014) An Act to amend the Karnataka Industries (facilitation) Act, 2002.
KARNATAKA ACT NO. 03 OF 2014
(First published in the Karnataka Gazette Extra-ordinary on the Fourth day of January, 2014)
Whereas it is expedient to amend the Karnataka Industries (facilitation) Act, 2002 (Karnataka Act 45 of 2003) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-fifth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Industries (Facilitation) (Amendment) Act, 2013.
(2) It shall come into force at once.
2. Amendment of section 2.- In the Karnataka Industries (Facilitation) Act, 2002 (Karnataka Act 45 of 2003) (hereinafter referred to as the principal Act,) in section 2, after clause (x), the following shall be inserted, namely:-
“(xi) “State Level Empowered Committee” means the State Level Empowered committee constituted under section 11A”.
3. Amendment of section 3.- In section 3 of the principal Act, in sub-section (2), for the words ‘fifty crores’, the words ‘one hundred crores’ shall be substituted.
4. Amendment of section 6.- In section 6 of the principal Act, in sub-section (2), for the words “three crores rupees and less than rupees fifty crores each”, the words “fifteen crores rupees and less than rupees one hundred crores each” shall be substituted.
5. Amendment of section 9.- In section 9 of the principal Act, in sub-section (1), for the words "rupees three crores", the words “rupees fifteen crores" shall be substituted.
6. Insertion of new section 11A.- After section 11 of the principal Act, the following shall be inserted, namely:-
“11A State level Empowered committee.- (1) The Government may constitute a State Level Empowered Committee, consisting of the following, namely:-
(f) The Principal Secretary to Government, Information and Technology
Department, - Member
(g) The Principal Secretary to Government, Urban Development Department, - Member
(h) The Secretary to Government, Department of Forest, Environment and
Ecology, -
Member
(i) The Secretary to Government, Department of Commerce and Industries
(Small Scale Industries, Textiles and Mines), - Member
(j) The Principal Secretary/Secretary to Government, Agriculture Department
(k) The Principal Secretary/Secretary to Government, Infrastructure Development Department
(l) The Principal Secretary/Secretary to Government, Tourism Department -
-
- Member Member
Member
(m) The Chairman, The Karnataka State Pollution Control Board, - Member
(n) The Director General and Inspector General of Police, The Karnataka State
Fire Extinguishing and Emergency Services,
-
Member
(o) The Chief Executive Officer and Executive Member Karnataka Industrial Area
Development Board, Bangalore, - Member
(p) The Commissioner for Industrial Development and Director for Industries
and Commerce, - Member
Secretary
Note: For the purpose of this section, The Principal Secretary to Government, Commerce and Industry Department, means the officer in charge of the subject "industries (Facilitation)", who is either Secretary or Principal Secretary or Additional Chief Secretary to Government.
(2) The Committee may co-opt an expert or knowledgeable person as co-opted member, if necessary.
(3) The functions of the State Level Empowered Committee are,-
(i) to monitor the status of implementation of the projects cleared by the State Level Single Window Clearance Committee and State High Level clearance committees; and
(ii) to perform such other functions as may be prescribed.”
7. Substitution of section 14.- For section 14 of the principal Act, the following shall be substituted, namely:-
"14. Combined Application Forms (CAF).- The State Government may, prescribe Combined Application Form for the use of entrepreneurs for obtaining clearance from the State High Level Clearance Committee or State High level Single Window Clearance Committee or District level Single Window Committee. This Combined Application Form shall also be used in lieu of existing forms prescribed under applicable Central or State Acts except the application for Licensing of a Factory as provided in section 41A of the Factories Act, 1948 and the rules made thereunder for obtaining the required clearances. All Departments or Authorities concerned shall accept such Combined Application Form for processing and issue of required clearances."
8. Omission of section 16.- Section 16 of the principal Act shall be omitted.
9. Insertion of section 18A.- After section 18 of the principal Act, the following shall be inserted, namely:-
"18A. Review.- (1) Any applicant aggrieved by the decision of the State High Level Clearance Committee may appeal to the State High Level Clearance Committee for review of its decision given earlier, if the applicant,-
(a) has any new facts or grounds on which the decision has to be reconsidered by the Committee;
(b) points out an apparent error on the face of the decision.
(2) The State High Level Clearance Committee may consider such appeal and take appropriate decision, which shall be final."
|
