TS- iPASS Rules amendment

GOVERNMENT OF TELANGANA
ABSTRACT

Rules - Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules,2015 – Amendments – Issued.

-------------------------------------------------------------------------------------------------------------------------
INDUSTRIES & COMMERCE (IP & INF) DEPARMENT

G.O.MS.No. 92.

Dated: 23-12-2015.

Read the following:

1. Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No. 3 of 2014)
2. G.O. Ms No.35, Industries and Commerce (IP&INF) Dept., Dated:17-06-2015
3. G.O. Ms No.36, Industries and Commerce (IP&INF) Dept., Dated:17-06-2015

ORDER:

Whereas, in exercise of powers conferred under sub-section (1) of Section 26 of the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No.3 of 2014), Government has issued Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules , 2015 vide G.O.3rd read above for implementation of the provisions of the said Act.

And whereas, in order to facilitate the investors by providing investor friendly environment, Government further felt to amend the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules, 2015 issued in G.O.Ms.No.36 Industries & Commerce (IP&INF) Department, date 17-6-2015 suitably to strengthen the powers of Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Committees at State Level and District Level as specified in the said rules.

Accordingly, the following Amendments shall be published in the Extra-ordinary issue of the Telangana Gazette, dated the 23rd December, 2015

Notification

In exercise of the powers conferred by sub-section (1) of Section 12 and sub-section (1) of Section 12 read with sub-section (1) of Section 26 of the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No.3 of 2014), the Governor of Telangana hereby makes the following amendments to the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules, 2015 issued in G.O.Ms.No.36, Industries & Commerce (IP&INF) Department, dated 17-6-2015 and published in Rules supplement to Part-I Extra Ordinary issue of Telangana Gazette No.1, dated 17-7-2015 as follows:

Amendments

1.  In the said rules, after Section 2, the following shall be inserted, namely,

2.(a) Any business or commercial activity with an investment not less than Rs.50.00 Crores is an eligible activity for processing of applications under Telangana State Industrial Project Approval and Self Certification System (TS-iPASS).

2. In rule 3, (A) for sub-rule A(II), the following shall be substituted namely,

II. In exercise of the powers conferred by Section 5(2) of said Act, the Government of Telangana hereby notifies TS-iPASS District Level Nodal Agency which is a CELL (TS-iPASS cell) headed by the General Manager, District Industries Centre (DIC) for the respective district.

1. The cell shall be located in the o/o General Manager, DIC and all the departments shall delegate one nodal officer on deputation or secondment to the District TS-iPASS Cell that will function as single point of contact for issue of clearances/approvals/ permissions.
2. All the departments shall delegate powers to the concerned Nodal Officer delegated by them for issue of necessary clearances/approvals/permissions.
3. The Nodal Agency shall have the powers to grant clearances / approvals after getting approval of District Committee, in cases where the concerned department has rejected or accorded approval with modification, on reference by the applicant.

(B) for sub-rule B(II) the following shall be substituted, namely,

Contd.Page.2

Page.No. 2.

II.In exercise of the powers conferred by Section 5(1) of said Act, the Government of Telangana hereby notifies TS-iPASS State Level Nodal Agency which is a CELL (State TS-iPASS cell) headed by the Commissioner of industries.

1. The cell shall be located in the o/o Commissioner of Industries and all the departments shall delegate one nodal officer on deputation or secondment to the State TS-iPASS Cell that will function as single point of contact for issue of clearances/ approvals/ permissions.
2. All the departments shall delegate powers to the concerned Nodal Officer delegated by them for issue of necessary clearances/approvals/permissions.
3. The Nodal Agency shall have the power to grant clearances / approvals after getting approval of State Committee, in cases where the concerned department has rejected or accorded approval with modification, on reference by the applicant.

3. The following shall be added at the end of Rule 17 as rule 17A

17(A)In case of delay in issuance of approval/clearance within the time limit prescribed penalty can be levied against the Officer responsible for delay as provided in this Section.

1. Delay, if any, can be pointed out by the industry applicant or has to be initiated suo moto by the concerned Head of Department (HOD) whenever there is a delay within his /her department from the time limit as prescribed.
2. Any aggrieved party shall submit a grievance through online/writing to the Nodal Agency or the concerned department. Any delay in granting licence / approval / clearance as per timelines can be Suo-moto taken up by the Nodal agency as a grievance.
3. iii) On receipt of the grievance from the nodal agency / applicant, the same shall be forwarded to the concerned HoD and the HoD shall examine and communicate the action taken within 7 working days to the aggrieved party duly marking a copy to the Nodal Agency. In case of non-redressal of any grievance beyond 7 days, fine will be levied against Concerned Officer by HOD duly informing the nodal agency.
4. It shall be the responsibility of the HOD to inform the Nodal Agency in writing about the details of the Officer who is accountable for causing delay in all such cases where delay has been occurred for reasons non-explainable. It shall be the Head of Department who shall submit reasons to the nodal agency in writing, if there is any explainable reason for delay within 7 days. On receipt of such explanation from HoD, if the nodal agency is not satisfied with the reason offered, it may impose penalty on the concerned official through the HoD.
5. In all such cases, a penalty of Rs.1000/- (Rupees one thousand only) for each day till approval is accorded or reason for rejection/delay in according approval is furnished. However, the total amount of such penalty shall not exceed Rs.25,000/- (Rupees Twenty Five Thousand only) in any particular case and all cases, where penalty exceeds this said amount shall be reported to T-SWIFT. The penalty is subject to revision by Government from time to time.
6. The penal amount so collected shall be credited into the Government Treasury in the head of account as shown at Annexure-IV.

4.  For “the self-certification as prescribed in Annexure-III” the revised annexure-III to this order” shall be added.

1. The self-certification as prescribed in Annexure-III (A) to this order in cases wherein the proposed activity involves felling only of exempted trees. In cases where both felling of exempted and non-exempted trees are involved, the provision of self-certification shall not apply.

Contd.Page.3

Page. 3.

5. The following additional services shall be included under TS-iPASS and shall be added to the Annexure – VI - Time Limits for Establishment

S.No.	Approval	Department	Time Limit
17.	Authorisation under hazardous waste	Telangana State Pollution Control Board (TSPCB)	21 Days
18.	NOC for Explosive Licence	The District Collector	7 Days
19.	NOC for Change of Land use	The District Collector	7 Days
20.	NOC for Change of Land use	Irrigation Department	7 Days
21.	Permission for felling Non-exempted trees under AP WALTA Act.	Forest Department	15 Days

6. Renewals of all the clearances/approvals/permissions from respective departments shall be filed under TS-iPASS only.

7. The time limits for such renewals are as follows:

S.No.	Renewal of	Department	Time Limit
1.	Consent for Operation (CFO)	TSPCB	7 Days
2.	Factory Licence	Factories Department	3 Days
3.	Boilers Licence	Boilers Department	7 Days

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

ARVIND KUMAR

SECRETARY TO GOVERNMENT & CIP

To,
The Commissioner, Printing Stationery & Stores Purchase (Printing wing), Chanchalguda, Hyderabad for publication in the extra ordinary issue of Telangana Gazette and to send 1000 copies of the notification to Government.
Copy to:
The Commissioner of Industries, Telangana, Hyderabad.
All Departments of Telangana Secretariat.
All Heads of Departments,.
All District Collectors.
All the General Managers of District Industries Centres
The Vice Chairman & Managing Director, Telangana State Industrial Infrastructure Corporation Ltd, Hyderabad.
Law (A) Department.
P.S. to Addl.Prl. Secretary to Hon’ble Chief Minister.
P.S. to Hon’ble Minister for Industries.
P.S. to Chief Secretary to Government.
PS to Spl. Chief Secretary to Government, Finance Department
P.S. to Secretary to Govt &CIP. Industries & Commerce Department
PS to Secretary to Govt. (FP&MSME), Industries & Commerce Department.
All Officers and Sections in Industries and Commerce Department.
SF/SC.

//FORWARDED::BY ORDER//

SECTION OFFICER

Contd.Page.4

Page.No. 4.

ANNEXURE-III

SELF CERTIFICATION

TO BE SUBMITTED ALONG WITHCOMMON APPLICATION FORM
(Under TS-iPASS Act - Rule 11 of Act No. 3 of 2014)
(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 :

1. Our firm / Company is proposing to set up a project at _____________________________ ____________________________ DISTRICT, to manufacture / to provide services as mentioned below.
(i)
(ii)
(iii)
2. We certify that the particulars furnished in the Common Application Form are true, correct and complete to the best of our knowledge and undertake to adhere to the declarations made there under.
3. We hereby specifically confirm that we are fully aware of the Acts / Rules / Regulations of each department from which approvals/clearances are requested and undertake to strictly comply with all the provisions of Acts / Rules / Regulations as applicable to our industry.
4. We also hereby categorically certify that in the event of our Firm / Company failing to comply with the requirements / conditions of the Acts / Rules / Regulations or any conditions that may be required to be fulfilled by any authority in connection with our present application, the same 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 our Firm / Company shall be made directly liable for penal action as proposed under Section 21(1) of TS iPASS Act No. 3 of 2014 and any other Law in force also if the particulars furnished are found to be false / incorrect or incomplete and on our failure to adhere to the declarations made.
5. We also certify that we take complete responsibility and liability against any losses to personal or public property caused due to wrong certification by our firm / company and further confirm that the same shall be liable to be borne by our firm / company unconditionally.
6. We hereby certify that our proposed site / industry do not fall in any of the banned / restricted area / category as notified by both the Central & State Governments.
7. We hereby certify that our proposed site complies with the citing guidelines of the TSPCB.
8. That the unit is not located in the vicinity of Oil/Gas Pipeline.
9. The site is not located within 500 mts distance from the boundary of Defence Area/ Military Airport.
10. The site is not falling within 30 mts from the Railway boundary line.
11. The site is not falling within 100 mts from Heritage Sites.

Place :

For . M/s. _______________________________

Date :

Authorised signatory .............................................

Name .........................................................

Designation ................................................

Contd.Page.5

Page.No. 5.

5

ANNEXURE – III (A)
(See rule 11(1) of Act no. 3 of 2014)
Format for Self-Certification (Applicable only if felling of exempted trees is involved)

I, Sri....................... S/O ............................Aged....... R/O................... (Address) hereby state the details of trees in my premises that I intend to cut for the --------------------------purpose.

1. 1. Category of Premises:
   1. Residential
   2. Institutional
   3. Commercial
   4. Agriculture
   5. Industrial
   6. Others-specify
2. Area of the premises:
3. Number of trees existing in the premises:
4. No. of trees and species proposed to be felled:

   S.no	Species	Number of trees to be cut	Age of tree
   1.

5. In case, the applicant cannot take up replantation activities, then details of payment made to the department towards cost of raising seedlings and their maintenance as per rules.
   Details of DD / Payment receipt / Online payment details:
6. I hereby certify that the species and other details of trees as disclosed above are correct to the best of my knowledge and other information furnished above is true and correct.

I undertake that I shall take up replantation in lieu of the trees proposed to be felled as per rule.

Name of the applicant

Signature

Contd.Page.6

Page.No. 6.

Annexure – IV

USER CHARGES
Sl. No.	Project Cost (Land+Building+Plant& M/c.)	Processing Fees (Rs.)*
		Establishment	Operation
1	Nil to Rs.25 Lakhs	500	500
2	Above Rs.25 Lakhs and upto Rs.1.00 Crore	2500	2500
3	Above Rs.1.00 Crore and upto Rs.5.00 Crore	5000	5000
4	Above Rs.5.00 Crore and upto Rs.10.00 Crore	7500	7500
5	Above Rs.10.00 Crore and upto Rs.25.00 Crore	10000	10000
6	Above Rs.25.00 Crore and upto Rs.50.00 Crore	15000	15000
7	Above Rs.50.00 Crore and upto Rs.100.00 Crore	20000	20000
8	Rs.100.00 Crore and above	25000	25000
NODAL OFFICE FOR SUBMISSION OF COMMON APPLICATION FORMS
1	For Projects whose investment on Plant & M/c is upto Rs.5.00 Crore	GM, DIC, Concerned District
2	For Projects whose investment on Plant & M/c is above Rs.5.00 Crore	Commissioner of Industries,Chirag-ali-lane, Abids,Hyderabad
* Processing Fee to be paid in the form of DD favouring "Commissioner of Industries, Hyderabad" or Challan: 0851-Village and Small Industries, MH-102- Small Scale Industries, SH(81)-Other Receipts, 800-User Charges DDO Code - 25001305001

6

Pages: 1 2 3 4 5 6