Gujarat Single Window Clearances Rules, 2017

Published vide Notification No. GHU:102017-(39)-MIS-102017-456075-I, dated 18.10.2017

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No. GHU:102017-(39)-MIS-102017-456075-I - In exercise of the powers conferred by section 23 of the Gujarat Single Window Clearances Act, 2017, the Government of Gujarat makes the following rules, namely:-

1. Short title and Commencement.- (1) These rules may be called the Gujarat Single Window Clearances Rules, 2017.

(2) They shall come into force at once.

2. Definitions.- In these rules, unless the context otherwise requires,

(a) "IFP" means the Investment Facilitation Portal - www.ifp.gujarat.gov.in;

(b) "services" means the services mentioned in the Form I appended to these rules;

(c) "common application form" means the form as mentioned in Form II;

3. Procedure for filing applications.- The applicant shall register through the Single window mechanism on the Investor Facilitation Portal (www.ifp.gujaratgov.in). The detailed process flow as shown in Form no. III.

(a) On registration, applicant can login through e-mail ID and password for future correspondence and can upload set of common documents as mentioned in section 6 within Digilocker.

(b) The application form along with the prescribed attachments shall have to be submitted online. In case of application for seeking few approvals, the IFP may require that the attachment shall be sent to respective departments through courier that can be tracked online through built in online system. The applicant may also submit the documents related to respective applications by filling courier details like date, docket number, courier agency name, list of documents. The application shall be considered as submitted once the documents submitted through courier is received by competent authority.

(c) On receipt of application form, the same shall be automatically forwarded to respective department, Head of Departments (HoD) and Regional Office.

(d) All respective departments shall be given online access to the portal through a secure user id and password, to process the applications

(e) For additional attachments dispatched by the courier to respective departments, the concerned competent authority shall enter the date of receipt in the system which will be the reference date specific to that clearance/ department. The total time given to reach a courier to respective authority is 5 days. The SMS/Email will be sent to an applicant on receipt of a courier at Regional Office/ Head Office. The competent authority to update on the Investor Facilitation Portal on receipt of courier.

(f) In case the competent authority does not acknowledge the receipt of the attachments within 5 working days of dispatch as noted initially in the system, the day on which the courier has been received shall be construed as reference date specific to clearance by the concerned department.

4. Procedure to be followed for processing of applications.- (1) The competent authority shall scrutinize the application having regard to the provisions of the respective relevant Act and inform applicant regarding any query/ clarifications within 7 days of the receipt of an application on IFP.

(2) The competent authority shall process the application and communicate the decision of either approving or rejecting the application by giving reasons in writing and upload the same in the system within the prescribed time limit mentioned in Form No. I.

(3) Once the application is approved, the applicant may download the relevant approval certificate/ clearances/ licenses from the dashboard of Investor Facilitation Portal.

(4) Parallel processing of approvals/ clearances shall be done to expedite the process of approvals in case where the applicant requires to have more than one permissions by submitting the common application form.

(5) At each stage of the application, the applicant shall be kept informed by an email and an SMS showing the status of the application. The applicant can also view the status of application on applicant dashboard under the IFP.

(6) An applicant shall also be intimated through SMS regarding the payment, if any, that is required to be made at any stage of the approval process.

5. Online Common Application Form (CAF).- (1) The applicant has to fill in basic information in a Common Application Form (CAF) provided online for seeking various permissions/ clearances/ licenses.

(2) The applicant applying for Pre-Establishment clearances/ approvals for an enterprise/ industry shall apply through Common Application Form (CAF). If the specific approval is not covered under the Common Application Form the applicant shall have to fill other forms as prescribed under relevant Acts/ departments.

(3) Every applicant applying for Pre-operation clearance for an enterprise/ industry before commencement of commercial production shall apply in the Common Application Form (CAF). If a specific clearance is not covered by the Common Application Form the applicant shall file additional forms as prescribed under relevant Acts/ departments.

(4) The competent authority shall give permission to an applicant under IFP after all relevant information is provided under CAF and relevant documents are uploaded in Digilocker. The competent authority shall not request the applicant to resubmit the same documents. However, if required additional documents may be asked for related applications by the competent authority.

6. Common Documents.- The following are the list of common documents which are required to be submitted by an applicant for getting necessary approvals, namely:-
7. Copy of Pan Card
8. Proof of residential address of signatory
9. Identity Proof of applicant (with authorization letter in case of firm / company/ enterprise)
10. Proof of Ownership/ Occupancy of the premises as per layout plan or Lease Deed/ Rent Deed
11. Copy of Memorandum and/ or Articles of Association of the Applicant (enterprise/ industry/ institution)
12. Document showing the proof of land ownership (7/12 form)
13. List of Partner/ Directors (names along with residential address) & Tel. No.
14. Ration Card/ Electricity Bill/ Telephone Bill/ Aadhar Card/ Gas Connection Bill
15. Copy of Registration of Organization/ Society/Association
16. Copy of Constitution of Organization/ Society/ Associations
17. Approval from Industries Commissionerate office (in case of obtaining water connection from GWIL, GWSSB, NWRD)
18. Role of the applicant.- (1) An applicant shall visit www.ifp.gujarat.gov.in website to know the set of approvals and documents required to be submitted while applying in IPF.

(2) The applicant shall view document checklist under 'One Stop Information tab of the IFP to know the list of documents required for getting any specific approval.

(3) An applicant shall make necessary e-payments as and when intimated by the IFP.

(4) An applicant can download relevant certificate/ clearance/ license from IFP.

(5) The applicant shall submit the Self Declaration form as prescribed in Form V.

8. Digital Signed/e-signed.- (1) The approval and rejection of the application shall be e-signed/ digitally signed and the same shall be uploaded on IFP so that they can be used by other appropriate authority for giving necessary approvals to an applicant.

(2) Once the application is approved (digitally signed/ e-signed), the applicant can view/ download certificate under the IFP.

9. Tracking and monitoring of applications.- (1) The applications shall be tracked and monitored by the Investor Facilitation Agency/ Competent authorities on the basis of a date-wise record along with all relevant details of applications captured on IFP. The competent authority has to approve applications received under IFP as per the prescribed time limit. In the wake of non-receipt of competent authority approval within the prescribed time limit, the Investor Facilitation Agency shall send reminders on following stages, namely:-

Category	Regional Officer	Nodal Officer for EoDB	Head of Department
30% of time passed and no action has been taken	√	√
60% of time passed and application is not at final stage	√	√	√
90% of time passed and application is not at final stage	√	√	√
Exceeds time limit	√	√	√

(2) The Investor Facilitation Agency shall have an end to end online system in place which will have all features pertaining to capturing of information, tracking and online payment. The status reports shall be placed through SMS/ MIS reports before the Head of Departments (HoDs) by nodal agency on regular basis. The status of disposal of applications shall be monitored by the HoDs and Investor Facilitation Agency on regular intervals.

(3) The monitoring committees appointed by the Government shall ensure there are no delays at any level, either at the regional level or Head of Department level. Cases involving delays shall be placed before Collector, HoDs of the department, Chief Secretary and Hon'ble Chief Minister Level at regular intervals.

(4) The Head of Departments may review the Investor Facilitation Portal and suggest necessary changes as and when required for the smooth functioning of online portal.

10. Central Inspection System (CIS).- (1) This Inspection System shall aim to achieve the objectives of simplifying business regulations, transparency and accountability in inspections. The main functions of CIS will be to develop transparent checklist, procedures, establish the parameters for risk based inspections, conduct surprise inspections, empanel & encourage third party certification and ensure synchronized inspections among various departments. The CIS shall be responsible for monitoring the performance of field visit and collecting regular reports at suitable intervals.

(2) The CIS shall monitor the following aspects, namely:-

(a) Inspection templates shared with the applicant;

(b) Inspection schedule as per the risk criteria and duration; and

(c) Inspection report uploaded within the prescribed time limit.

(3) The Departments concerned shall conduct inspection based on the risk based assessment as required by the respective rules/bye-laws. However, surprise inspections may be done based on complaints with specific permission from head of Department of the respective department.

(4) A CIS Planning Team is being set up to schedule and monitor inspections. The risk criteria for inspections are also mentioned in Form No. IV.

11. Third Party Inspections.- Inspections under the provisions of applicable Acts or rules by different State authorities, wherever applicable, may be conducted through empanelled third party inspection agencies of appropriate authorities.
12. Grievance Redressal Mechanism.- In case where any applicant raises any grievance in respect of the application ticket number gets generated, the said grievance shall, as far as practicable, be resolved within a period of seven working days by the appropriate authority or Nodal Agency. If the grievance is not resolved within prescribed time limit as mentioned, the same may be placed before the head of department of appropriate authority for necessary action. The Head of the Department to resolve the grievance within five working days.

Form No. I

List of permissions and the stages for obtaining permissions

Sr. No	Department Name	Application Name	Number of Days
1	Agriculture Department	Registration of Co-operative Societies	60
2	Energy & Petrochemical Department	Certification of Electrical Installation by Chief Electrical Inspector	30
3	CTD Department	Registration of Profession Tax	1
4	CID Department	Registration of Partnership Firms	1
5	Gujarat Industrial Development Corporation	Land Allotment	90
6	Gujarat Industrial Development Corporation	Building Plan Approval - GIDC	30
7	Gujarat Industrial Development Corporation	Water Application	60
8	Gujarat Industrial Development Corporation	Drainage Application	60
9	Labour & Employment Department	License for Contractors under the Contract Labour Act, 1970	90
10	Labour & Employment Department	Registration of Boilers under The Boilers Act, 1923	30
11	Labour & Employment Department	Registration of establishment under the Inter State Migrant Workmen Act, 1979	90
12	Labour & Employment Department	Registration of Principal Employer's establishment under the Contract Labour Act, 1970	90
13	Labour & Employment Department	Registration under The Building and Other Construction Workers Act, 1966	15
14	Labour & Employment Department	Renewal of License for Contractors under the Contract Labour Act, 1970	90
15	Forest and Environment Department	Tree Cutting Permission	60
16	Forest and Environment-Department	Tree Transit Permission	30
17	R&B Department	Granting road cutting permissions	7
18	Urban Development & Urban Housing Department	Granting road cutting permissions	7
19	Urban Development & Urban Housing Department	NOC for Fire from Fire Department	7
20	Urban Development & Urban Housing Department	Registration under The Shops and Establishment Act	1
21	Urban Development & Urban Housing Department	Renewal under The Shops and Establishment Act	1
22	Water Supply, Water Resources and SSNNL Department	Water Connection (4 departments)	60
23	FDCA Department	Granting of Drug Manufacturing License	60
24	FDCA Department	Renewal of Drug Manufacturing License	60
25	FDCA Department	Renewal of Retail / Bulk Drug License (Pharmacy)	30
26	FDCA Department	Retail / Wholesale drug sale license	30
27	Labour & Employment Department	Approval for Boiler erector	30
28	Labour & Employment Department	Approval for Boiler manufacturer	30
29	Labour & Employment Department	Factory Plan Approval under the Factories Act, 1948	90
30	Labour & Employment Department	Factory License under the Factories Act, 1948	90
31	Labour & Employment Department	Renewal of-Boiler erector	30
32	Labour & Employment Department	Renewal of Boiler manufacturer	30
33	Labour & Employment Department	Renewal of Boilers under The Boilers Act, 1923	15
34	Labour & Employment Department	Renewal of license under The Factories Act, 1948	90
35	Revenue Department	Land Application for NA under article-65	90
36	Revenue Department	Land Permission under article-63	60
37	Revenue Department	Land Permission under article-63AA	90
38	Revenue Department	Tree Cutting Permission	60
39	Revenue Department	Tree Transit Permission	30
40	Revenue Department	Permission for Bonafide Industrial Purpose 65B	90
41	Revenue Department	Tenancy Act article 43 - Conversion from New Tenure to Old Tenure	90
42	Food, Civil Supplies & Consumer Affairs Department	Alteration in licence of Manufacturer/ Repairer/ Dealer/ PCR	20
43	Food, Civil Supplies & Consumer Affairs Department	Application for shorter address	7
44	Food, Civil Supplies & Consumer Affairs Department	Certificate of Registration under Package Commodity Rules (PCR), 2011	20
45	Food, Civil Supplies & Consumer Affairs Department	Licence as dealer of weight & measures under the L.M. Act' 09	20
46	Food, Civil Supplies & Consumer Affairs Department	Licence as manufacturer of weight & measures under the L.M. Act' 09	50
47	Food, Civil Supplies & Consumer Affairs Department	Licence as repairer of weight & measures under the L.M. Act' 09	50
48	Food, Civil Supplies & Consumer Affairs Department	Renewal for Dealer of weight & measures under the L.M. Act' 09	20
49	Food, Civil Supplies & Consumer Affairs Department	Renewal for Manufacturer of weight & measures under the L.M. Act' 09	35
50	Food, Civil Supplies & Consumer Affairs Department	Renewal for Repairer application of weight & measures under the L.M. Act' 09	35
51	Food, Civil Supplies & Consumer Affairs Department	Verification & Reverification of weights & measures under the L.M. Act' 09	7 (inside office) 15 (outside office)
52	Energy & Petrochemical Department	Electricity Connection 7 (No RoW) 15 (RoW)
53	GPCB	Consent to Establish under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981	120
54	GPCB	Consent to Operate under the Water & Act, 1981 and Authorization under the Hazardous and Other Wastes Rules	120
55	GPCB	Renewal of Consent to Operate	120
56	Urban Development & Urban Housing Department	Building Plan Approval - UDD	30
57	Urban Development & Urban Housing Department	Professional Tax Registration	3
58	Urban Development & Urban Housing Department	New Property Registration	9
59	Panchayat and Rural Housing	Professional Tax Registration	45
60	Panchayat and Rural Housing	New Property Registration	30

Form No. II

Common Application Form

Applicant Details
First Name
Middle Name
Last Name
Designation
Phone Number
Fax
Mobile Number
Email ID
Address of Applicant
District
Taluka
State
Country
PIN Code
Company Details
Name of Enterprise
Registered Company Address
District
Taluka
State
Country
PIN Code
Date of Incorporation (DD/MM/YY)
Type: a. Proprietorship b. Partnership LLP c. Private Ltd. d. Public ltd. e. Cooperative f. Government g. Semi Government h. Other
PAN Number of Company
Registration No. in case of Co-operative Society
No. given by the registrar of Companies in case of private/public limited companies.
In case of partnership firm, whether the deed of partnership is registered? A. Yes b. No
Website
Project Details
Name of Project
Whether proposed work is for : a. New b. Expansion c. Diversification d. Modernization
Site Address
Survey Number
Plot / Sub Plot / Shed No.
Ward No.; Nearest Landmark
District
Taluka
Village
PIN Code
Type of Industry: a. Manufacturing b. Service
NIC Code
Does your industry unit fall under the category of white industries exempted from obtaining Consent to Establish under GPCB? A. Yes b. No
Consent from GPCB is required for: a. Air b. Water c. Hazardous
Do you need Building Plan Approval? a. Yes, from ULB b. Yes, from GIDC c. No
Phone Number
Fax
Mobile Number
Email ID
Relevant Urban Local Body
Expected Date of Commencement
Is your project situated in: a. GIDC b. Private Land c. Government Land d. Urban Local Body e. Private Industrial Park f. SEZ / SIR
Investment Details
Investment in Land (INR)
Investment in Plant and Machinery (INR)
Investment in equipment (INR)
Udyog Aadhar Number / Entrepreneurship Memorandum Number / SSI Registration Number / IEM Number
Other Details
Power Required a. Yes b. No
Type of power connection required: a. New HT Connection b. New LT Connection c. Load Extension d. Temporary Connection
Power Category: a. UGVCL b. PGVCL c. DGVCL d. MGVCL
Do you need electrical plan approval? a. Yes b. No
Do you require a water connection? a. Yes b. No
Water Connection category? a. GIDC b. GWSSB / GWIL / SSNNL / Water Resource Department
Do you need building plan approval? a. Yes, from ULB b. Yes from GIDC c. No
Will your enterprise have steam boilers? A. Yes b. No
Do you intend / employ 10 or more contract laborers? A. Yes as a Principal Employer b. Yes as a Contractor c. No
Will you be felling trees on your premises? A. Yes b. No

Form No. III

Investor Facilitation Portal - Application Process Flow

Form No. IV

Central Inspection System - Planning Team

CIS Planning Team
Industries Commissioner	Chairperson
Commissioner, Labour Commissionerate	Member
Director, DISH	Member
Director, Boilers	Member
Member Secretary, GPCB	Member
GM - IT, INDEXT-b	Member
Joint / Deputy Commissioner, IC	Member
Nodal Officer - Gujarat Pollution Control Board/ Labour and Employment Department	Member Secretary

Form V

Self Declaration Form

To be Submitted Along with Combined Application Form

(To be executed on a non-judicial stamp paper of Rs.100/-)

I............S/o.............Aged............years, Residing at............who is the............(Designation) of M/s............., hereby give the following undertaking:

Entry Level:

• Our firm / Company is proposing to set up a project at........................District, to manufacture / to provide services as mentioned below.

(i)

(ii)

(iii)

• We certify that the particulars furnished in the Combined Application Form are true, correct and complete to the best of our knowledge and undertake to adhere to the declarations made there under.
• The Firm / Company hereby undertake that we are aware of the Acts / Rules / Regulations of each department from which approvals/clearances are sort and abide by to comply with all the provisions of applicable Acts / rules / Regulations to our industry.
• The Enterprise/ Firm / Company failure to comply with the requirements / conditions of the departmental Acts / Rules / Regulations shall result in withdrawal / cancellation of the clearances and further will make us liable for legal action as specified under the respective Acts / Rules / Regulations and the Firm / Company shall be made liable for penal action as proposed under RCPS Act.
• Any losses to personal or public property caused due to wrong certification by the firm / company shall be liable to be borne by the firm / company.

Place:

Partner

Date:

Proprietor/ Managing Director/

M/s................ Name: Designation