GOVERNMENT OF ANDHRA PRADESH
INDUSTRIES & COMMERCE (I.P.) DEPARMENT
G.O.Ms.No.336 Dated: 10-8-2002.
Read the following:
1. Government of Andhra Pradesh Act No.17 of 2002
2. G.O.Ms.Nos.266 to 272, Industries and Commerce (IP)
Department, dated 27.6.2002.
3. G.O.Ms.No.318, Industries and Commerce (IP)
Department, dated 20-7-2002.
O R D E R:
In exercise of the powers conferred by sub-section (2) of Section 14 and sub-section (1) of Section 15 read with sub-section (1) of Section 29 of the Andhra Pradesh Industrial Single Window Clearance Act, 2002 (Act No..17 of 2002) and in supersession of the orders issued in the reference 3rd cited, the Governor of Andhra Pradesh hereby makes the following rules.
1. Short Title, extent and Commencement:
i) These rules may be called ‘The Andhra Pradesh Industrial Single Window Clearance Rules, 2002.
ii. They shall extend to the whole of the State of Andhra Pradesh and shall come in to force with effect from the date of issue of notification in the Andhra Pradesh Gazettee.
iii. These rules shall come into force with effect from the date of issue of notification.
2. In these rules unless the context otherwise requires;-
i. “Act” means the Andhra Pradesh Industrial Single Window Clearance Act, 2002.
ii. “Common Application Form” means the form in Schedule I and Schedule II as the case may be.
iii. “Section” means a section of the Act.
iv. “District Level Nodal Agency” is the agency notified by the Government in the Andhra Pradesh Gazettee dated 27-6-2002.
v. “State Level Nodal Agency” is the agency notified by the Government in the Andhra Pradesh Gazettee dated 27-6-2002.
vi. “District Committee” is the committee notified under Sec 3(1) of the Act.
vii. “State Committee” is the committee notified under Sec 4(1) of the Act.
viii. “Empowered Committee” is the committee notified under Sec 6 (1) of the Act .
ix. “State Board” is the Board notified under Sec 7(1) of the Act.
x. “Acknowledgement” means the acknowledgement issued under these rules.
xi. “Check List” means check list included in the Common Application Form under these rules.
xii. “Form of Self-Certification” is the form appended to these rules in which certificate has to be furnished by the applicant .
xiii. “Form of Receipt by Competent Authority” means the form in which the Competent Authority acknowledges receipt of application or additional information from the nodal agency.
xiv. “Form for informing deemed approval “ means the format in which the deemed approval is informed under these rules.
xv. “Form of Authorization” means the authorization in which a member of the District Committee or the State Committee shall authorize a representative to attend the meeting of the respective committee on his / her behalf.
xvi. “Time Limit” means the number of working days within which a decision has to be taken by the Competent authority, from the date of receipt of application.
xvii. “Form of Reference” means the form in which the District Committee and State Committee shall forward cases for review or revision.
xviii. “Fees Receipts “ means original challan receipts issued by the Government Treasury as a proof of payment or demand drafts issued by a Scheduled Commercial Bank.
xix. “Authorised Representative of the Nodal Agency” means an Officer not below the rank of Asst. Director in the case of Nodal Agency attached to District Committee and an Officer not below the rank of Dy. Director in the case of Nodal Agency attached to the State Committee, as authorized by the Chairman of the representative committees.
xx. “Register of Applications” means the Register prescribed in these rules in which the details of the applications are entered.
xxi. “Form for communication of orders” means the form in which the District Committee and State Committee shall communicate orders to the applicant.
3. Common Application Form :-
1) Every applicant seeking to apply for clearances required for establishment of an industry shall apply in the Common Application Form in Schedule-I. Where the clearance(s) is not covered by the Common Application Form the applicant shall file additional form or forms, as the case may be, in the forms prescribed under the relevant enactment.
2) Every applicant seeking to apply for clearance required for operation of an industry before commencement of commercial production, shall apply in the Common Application Form prescribed in Schedule-II. Where the clearance is not covered by the Common Application Form the applicant shall file additional form or forms, as the case may be, in the forms prescribed under the relevant enactment.
3) The Common Application Form duly filled in shall be submitted in required number of copies along with relevant enclosures, certificates, fees receipts and attachments.
4) All applicants shall furnish the form of self certification as prescribed in Schedule-III along with the application at the time of submission of application forms;
5) There shall be a check list appended to the common application forms which shall be completed and signed by the applicant and scrutinized and accepted by the authorized representative of the nodal agency before issuing the acknowledgment;
6) Before issuing the acknowledgement, the authorized representative of the nodal agency, shall satisfy himself /herself that :
I. The application is in complete shape;
II. Required number of copies of application have been submitted;
III. All the relevant and prescribed documents have been enclosed;
IV. The prescribed fees receipts have been enclosed;
V. Self declaration has been furnished by the applicant;
VI. The check list has been filled correctly and signed by the applicant;
4. Processing and Monitoring of applications:
i) Immediately after issue of the acknowledgement the particulars of the application shall be entered in the register of applications by the authorized representative of the nodal agency as at Schedule-IV
ii) The Register of applications shall be scrutinized and approved by the Head of the Nodal Agency at the end of each working day.
iii) The relevant parts of the common application form shall be served on the competent authorities within three working days from the date of filing and a receipt with date shall be obtained from the competent authority.(as in Schedule-V ).
iv) The competent authority shall process the application and communicate the decision to the nodal agency within the prescribed time limit.
v) Under the provisions of Section 14(3), the competent authority may ask for additional information from the applicant once before the expiry of the time limit, under intimation to the nodal agency.
vi) In the case covered under sub rule (v) of rule 4, the time limit will be applicable from the date the additional information has been furnished.
5.Time limits for processing and disposal of applications:
The time limits for processing and disposal of applications by the competent authority under the provisions of sub section (2) of section 14 of the said Act, shall be as indicated in schedule VI.
6. Notifying of clearances where the provision of deemed approval shall apply:
The provisions of deemed approval under sub-section (1) of Section 15 of the Act shall be applicable to the clearances as indicated in Schedule VII, in case the competent authority fails to pass final orders on the application within the time limit stipulated in Schedule VI.
7. Monitoring :
i) Status reports shall be placed before the District Committee and the State Committee by the respective nodal agency.
ii) The status of disposal of applications shall be monitored by the District
Committee and the State Committee once in a fortnight.
iii) The District Committee and the State Committee shall communicate the approvals and rejections in the format in Schedule-VIII or IX as the case may be.
iv) In the case of deemed approvals the respective committees shall inform the deemed approval in the form prescribed in Schedule-X.
v) The District Committee shall submit a monthly report on the processing of applications to the State Committee.
vi) The State Committee shall submit a monthly report on the processing of applications to the Empowered Committee.
8. Review and Revision of decisions of competent authorities:
i. In case of rejections of clearances or approvals with modification under the state laws by the competent authority, the District Committee shall examine the issues involved and forward appropriate cases in the form of reference to the State Committee(Schedule-XI).
ii. In case of rejections of clearances or approvals with modification under the state laws by the competent authority, the State Committee shall examine the issues involved and forward appropriate cases in the form of reference to the Empowered Committee(Schedule-XI).
If the competent authority referred in sub rule (i) and sub rule (ii) of rule 8 is the State Government the case shall be referred to the State Board for decision.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
PRINCIPAL SECRETARY TO GOVERNMENT AND
COMMISSIONER FOR INDUSTRIAL PROMOTION
The Commissioner of Industries, A.P. Hyderabad.
All Heads of Departments,.
All District Collectors.
Law (E) Department.
P.S. to Prl. Secretary to Chief Minister.
P.S. to Chief Secretary to Government.
P.S. to Minister (Major Industries)
P.S. to Principal Secretary & CIP. I&C Dept.
All Sections in Industries and Commerce Department.
// FORWARDED :: BY ORDER //