The Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011

English — official source version

single_window_in_english.pdf.txt

THE RAJASTHAN ENTERPRISES SINGLE WINDOW ENABLING AND   

CLEARANCE ACT, 2011 

(Act No. 7 of 2011) 

 

[Received the assent of the Governor on the 25th day of March, 2011] 

 

An 

 

Act 

 

to provide for accelerated and time-bound grant of various licences, permissions and 

approvals and to enable an alternative single window clearance mechanism to be triggered in case 

of failure of competent authorities to act in time, to support an_ investor friendly environment in 

the State of Rajasthan and for matters connected therewith or incidental thereto.  

Be it enacted by the Rajasthan State Legislature in the Sixty-second Year of the Republic 

of India, as follows:-  

1. Short title, extent and commencement.-(1) This Act may be called the Rajasthan 

Enterprises Single Window Enabling and Clearance Act, 2011.  

(2) It extends to the whole of the State of Rajasthan.  

(3) This section shall be deemed to have come into force on and from 26th December, 2010 

and other provisions of this Act shall come into force on such date as the Government may, by 

notification, appoint and different dates may be appointed for different provisions, in or in relation 

to, different-  

(a) districts in the State; and  

(b) format of the application formand any reference in any such provision to the 

commencement of this Act shall be construed as a reference to the coming into force of that 

provision in such districts, or in relation to such format of the application form.  

 

2. Definitions.-In this Act, unless the context otherwise requires,-  

(a) "Bureau of Investment Promotion" means the Bureau of Investment Promotion as 

declared under section 4;  

(b) "Competent Authority" means any department or agency of the Government, Local 

Authority, Statutory Body, State owned Corporation, .Gram Panchayat, Municipality, or any . 

other authority or Agency constituted or established under any Rajasthan ..law or Under 

administrative control of the Government, which is entrusted with the power's and responsibilities 

to grant or issue. permissions for setting up or commencement of operations of an enterprise in the 

State;  

(c) "District Empowered Committee" means the District Empowered. Committee 

constituted under section 3;  

(d) "enterprise" means an industrial undertaking or a business concern or any other 

establishment, by whatever name called, engaged in the manufacture or production of goods, in 

any manner, or engaged in , providing or rendering of any service or services;  

(e) "Government" means the State Government of Rajasthan;  

(t) "investor" means any person who invests capital in any new enterprise or in an existing 

enterprise for expanding, modernizing or diversifying for securing income or profit or common 

social good;  

(g) "Nodal Agency" means the Nodal Agencies referred to in section 5;  

(h) "notification" means a notification published in the Rajasthan Gazette and the word 

'notified' shall be construed accordingly;  



(i) "permission" means grant or issue of permission, no-objection certificate, clearance, 

allotment, consent, approval, registration, enrolment, licence and the like, by any Competent 

Authority in connection with the setting up of an enterprise in the State of Rajasthan and shall 

include all such permissions as are required under any Rajasthan Jaw until the enterprise 

commences its operation;  

(j) "prescribed" means prescribed by the rules made under this Act;  

(k) "State" means the State of Rajasthan; and  

(1) "State Empowered Committee" means the State Empowered Committee constituted 

under section 3.  

 

3. Constitution, powers and functions of State Empowered Committee and District 

Empowered Committee.-(1) The Government may, by notification, constitute a State 

Empowered Committee to assist Council of Ministers in considering the proposals for benefits as 

mentioned in section 11 for the purpose of promoting investment and for setting up of enterprises 

in the State and to consider and dispose of applications for permission required under Rajasthan 

laws in case the Competent Authority has failed to consider and dispose of such applications within 

the time limit prescribed under section 12.  

(2) The State Empowered Committee shall examine the applications for giving concessions 

or grant exemption or relaxation from the provisions of any Rajasthan law, take into consideration 

the comments of the departments, if any, hold discussions with the investors, wherever necessary 

and make recommendations to the Council of Ministers. The time limit for submitting 

recommendations to the Council of Ministers shall be such as may be prescribed under section 12.  

(3) The Government may, by notification, constitute a District Empowered Committee for 

each district to consider and dispose of applications for permission required under Rajasthan laws 

in case the Competent Authority has failed to consider and dispose of such applications within the 

time limit prescribed under section 12.  

(4) Notwithstanding anything contained in any Rajasthan law, the State Empowered -

Committee or, as the case may be, the District Empowered Committee' shall, in - case the 

Competent Authority has failed to process and dispose of such applications within the time limit 

prescribed under section 12, have the power to consider and dispose of applications for permission 

under any Rajasthan law.' For this purpose, references to the Competent Authority in such law 

shall be construed as including reference to the State Empowered Committee or, as the case may 

be, the District Empowered- Committee:  

Provided that where the Committee. is unable to meet or otherwise unable to consider the 

applicationimmediately, the Chairperson of the. concerned Committee may, for reasons to be 

recorded in writing, decide the application and report the action taken to the Committee in its next 

meeting and the decision of the Chairperson, subject to any decision of the Committee, on such 

application shall for all purposes be deemed to be the decision of concerned Committee under this 

section.  

(5) The State Empowered Committee and the District Empowered Committee may be 

assigned such other functions as may be prescribed.  

(6) Where permission is issued by State Empowered Committee or any of the District 

Empowered Committees under sub-section (4), State Empowered Committee . or „ District 

Empowered Committee, as the case may be, may recommend to the Government for appropriate 

action against the concerned Competent Authority, which has failed to dispose of the application 

within the time limit prescribed under section 12.  

 

4. Declaration of Bureau of Investment Promotion.-The existing Bureau of Investment 

Promotion, a society registered, under the provisions of the Rajasthan Societies Registration Act, 



1958 (Act No. 28 of 1958) shall be the Bureau of Investment Promotion for the purposes of this 

Act.  

 

5. Nodal Agency.-(1) The Bureau of Investment Promotion shall be the Nodal Agency for 

the State Empowered Committee. (2) The District Industries Centre shall be the Nodal Agency for 

the District Empowered Committee. 6. Powers and functions of Nodal Agency.--Subject to the 

superintendence, direction and control of the. Government and the State Empowered Committee 

or the . District Empowered Committee, as the case may be, the powers and functions of the Nodal 

Agency shall be as follows:-  

(i) to assist the investors in completing the application forms. to acknowledge -completed 

applications and forward such application to the covemed Competent Authorities for processing 

and disposal within the time limit prescribed under section 12;  

(ii) to monitor the status of applications and place the report of the status of applications 

before the State Empowered Committee or the District Empowered Committee, as the case may 

be;  

(iii) to place the application of the investor before the State Empowered Committee or the 

District EmpoweredCommittee, as the case may be, for its decision, where the concerned 

Competent Authority has failed to consider and dispose of the application within the time limit 

prescribed under section 12;  

(iv) to receive applications for relaxations, exemptions and concessions as mentioned in 

section 11 from the investor;  

(v) to seek comments of the concerned departments or authorities on the application for 

relaxations, exemptions and concessions as mentioned in section 11 received from the investor;  

(vi) to submit the comments of .the concerned department or authority, if any, to the State 

Empowered Committee within the time limit prescribed under section, 12;  

(vii) to submit the application for relaxations, exemptions and concessions as mentioned in 

section 11, received from the investor to the State Empowered Committee within the time limit 

prescribed under section 12, in case no Comments are received from the concerned department or 

authorities in the prescribed time limit. .  

 

7. Obligations of concerned department or authority.-(1) The Competent Authority 

shall consider and dispose of the application forwarded to it by the Nodal Agency under clause (i) 

of section 6 within the time limit prescribed under section 12.  

(2) The concerned department or authority shall provide comments sought by the Nodal 

Agency under clause (v) of section 6, within the prescribed time limit, and, if the concerned 

department or authority fails to provide comments within the prescribed time limit, it shall be 

deemed that the concerned department or authority has no objection or suggestion regarding the 

requisite relaxations, exemptions and concessions as mentioned, in section 11.  

 

8. Application form.-(1) The Government shall be competent to prescribe an application 

form, either in physical or electronic format, which may consist of-  

(a) forms under Central laws ; and  

(b) existing forms or new forms in lieu of existing forms or modified forms under Rajasthan 

laws.  

 

(2) All departments or authorities concerned shall accept such application form for 

processing and issue of required permission.  

 

(3) Every investor shall furnish a 'Self Certification', in the prescribed form, at. the time of 

submitting application form to the Nodal Agency, certifying that he shall comply with the 



applicable provisions of the relevant laws. The Self Certification furnished by the investor shall 

be accepted by the Competent Authority for the purpose of issuing and granting permission.  

 

9. Filing of application.-(1) All applications for permissions shall be submitted in the 

prescribed manner to the Nodal Agency mentioned in sub-sections (1) and (2) of section 5.  

(2) For the purpose of availing customized packages, concessions, exemptions or 

relaxations as provided in section 11, the application shall be submitted to the Nodal' Agency 

mentioned in sub-section (1) of section 5.  

(3) The application under sub-section (1) and (2) shall be in such form and be 'accompanied 

with such fees as may be prescribed.  

 

10. Power of Competent Authority to call for additional information.-(1) On receipt of 

an application for permissions, the Competent Authority shall have powers to obtain additional 

information, if required, from the applicant:  

Provided that the additional information under this section shall be requisitioned only once 

and requisition letter shall be sent through the Nodal Agency.  

(2) The applicant shall furnish the required information to !lie concerned Nodal Agency.  

(3) The Competent Authority shall, after sanctioning or rejecting;,with reasons, the 

application, send its orders to the concerned investor and endorse a copy thereof to the concerned 

Nodal Agency.  

 

11. Grant of customized packages, concessions, exemptions or relaxations.-The 

Government may, with a view to facilitate investment in the State, grant customized packages, 

concessions, exemptions or relaxations to any enterprise or category of enterprises in the State, 

subject to such conditions as it may deem fit, where the Government, or any other authority 

subordinate to it, is empowered under any Rajasthan Law to grant such customized packages, 

concessions, exemptions or relaxations.  

 

12. Time limits for processing of applications.-(l) Notwithstanding anything contained 

in any 'Rajasthan law, policy or orders for the time being in force, the Government may prescribe 

time limit for processing and disposal of applications by the Competent Authority.  

(2) The Government may prescribe time limit for Nodal Agency to process the application 

and the comments from the Competent Authority, concerned department or authority, and 

submissions of the same to the State Empowered Committee and District Empowered Committee, 

as the case may be.  

(3) The Government may prescribe time limit for the State Empowered Committee for 

submitting its recommendations to the Council of Ministers.  

 

13. Appeal.-Any investor aggrieved by the orders of —  

(i) the Competent Authority may appeal to the State Empowered Committee;  

(ii) the District Empowered Committee may appeal to the State Empowered Committee;  

(iii) the State Empowered Committee may appeal to the Government,- within thirty days 

from the date of the receipt by the investor of the order appealed against.  

 

14. Revision.- (1) Notwithstanding anything contained in any Rajasthan law, the 

Government may, either suo niotu or on an application made to it in this behalf, call for the record 

of any proceeding before any Competent Authority or the State Empowered Committee or a 

District Empowered Committee and examine the propriety of the proceedings or orders passed 

therein so as to ensure that the orders are not against public policy nor against the provisions of 

law and make therein such orders as it may think fit within one year of issuance of the orders being 



so revised in cases of rejection of the application for permissions and within three months in cases 

of grant of permissions .  

(2) The orders passed by the Government under this section shall be final and shall be 

binding on all concerned.  

 

15. Jurisdiction of the State Empowered Committee and the District Empowered 

Committee.- The class of investment for which or investment limits up to which the State 

Empowered Committee or a District Empowered Committee shall have jurisdiction to consider 

and dispose of applications for permission under section 3 shall be such as may be prescribed.  

 

16. Protection of action taken in good faith.- No suit, prosecution or legal proceedings 

shall lie against the Chairperson or other members of State Empowered Committee or District 

Empowered Committee or any employee of the Government acting under the direction of such 

committee in respect of anything which, in good faith, is done or intended to be done under this 

Act or any rules made thereunder.  

 

17.Confidentiality.-No agency or authority of the Government or, any local authority, 

including any functionaries thereunder, shall disclose to any other investor or to a person not duly 

authorized, any information forming the intellectual property of the investor without the consent 

of such investor:  

Provided that all information in respect of the terms and conditions of the investment made 

in the State and the facilities, if any, provided to the investor by the Government or any of its 

agencies or authorities, or by any local authority, shall be notified by the Government for 

information of the public.  

 

18. Transitional provisions.-The provisions of this Act shall apply to all investment 

proposals 'that have been under consideration, of the Government' or any of its agencies, 

authorities or undertakings on the date of commencement of this Act, if the concerned investor so 

opts by submitting an application to the Nodal Agency in the prescribed form and manner.  

 

19. Act to override other laws.-Save as otherwise provided in this Act, the provisions of 

this Act .shall have overriding effect, notwithstanding anything inconsistent therewith contained 

in any other Rajasthan law, for the time being in force, or any custom or usage or any instrument 

having effect by virtue of any such law.  

 

20. Power to remove difficulty.-(1) If any difficulty arises in giving effect to the 

provisions of this Act, the Government may, by order published in the Official Gazette, make 

provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or 

expedient for removing the difficulty:  

Provided that no order under this section shall be made after the expiry of a period of two 

years from the commencement of this Act.  

(2) Every order made under this section shall be laid, as soon as may he, after it is made, 

before the House of the State Legislature.  

 

21. Power to make rules.-(1) The Government may, by notification, make rules generally 

for carrying out the purposes of this Act.  

(2) All rules made under this Act shall be laid, as soon z: may be after they are so made, 

before the House of the State Legislature, while it is in session, for a period of not less than fourteen 

days, which may be comprised in one session or in two successive sessions and, if before the 

expiry of the session in which they are so laid or of the session immediately following, the House 



of the State Legislature makes any modification in any of such rules or resolves that any such rule 

should not be made, such rule shall thereafter have effect only in such modified form or be of ' no 

effect, as the case may be, so however that any modification or annulment shall be without 

prejudice to the validity of anything previously done thereunder.  

 

22. Repeal and savings.-(1) The Rajasthan Enterprisess Single Window Enabling and 

Clearance Ordinance, 2010 (Ordinance No. 04 of 2010) is hereby repealed.  

(2) Notwithstanding such repeal, all things done, actions taken, notification issued or orders 

made under the said Ordinance shall be deemed to have been done, taken, issued or made under 

this Act.