Himachal Pradesh Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019
No: 1 Dated: Jan, 17 2020
THE HIMACHAL PRADESH MICRO, SMALL AND MEDIUM ENTERPRISES (FACILITATION OF ESTABLISHMENT AND OPERATION) ACT, 2019
Act No. 1 of 2020
An Act to provide for exemption from certain approvals and inspections for establishment and operation of the micro, small and medium enterprises in Himachal Pradesh and matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventieth Year of the Republic of India as follows:—
1. Short titlt and commencement.—(1) This Act may be called the Himachal Pradesh Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Act, 2019.
(2) It shall be deemed to have come into force on 5th day of November, 2019.
2. Definitions.- In this Act, unless the Context otherwise requires,-
(a) “Acknowledgement Certificate” means the acknowledgement certificate issued under section 5;
(b) “approval” means any permission, no objection, clearance, consent, approval, registration, licence and the like, required under any State law as mentioned in THE SCHEDULE for the establishment or operation of an enterprise in the State;
(c) “Competent Authority” means any department or agency of the Government, a local authority, statutory body, State owned corporation, Panchayati Raj Institution, Municipality, Urban Development Authorities or any other authority or agency constituted or established by or under any State Law or under administrative control of the Government, which is entrusted with the powers or responsibilities to grant or issue approval for establishment or operation of an enterprise in the State;
(d) “Director” means Director or Commissioner of Industries Department of the Government;
(e) “enterprise” means a micro, small or medium enterprise;
(f) “Government” or “State Government” means the Government of Himachal Pradesh;
(g) “micro, small or medium enterprise” means the micro, small or medium enterprises, as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) ;
(h) “nodal agency” means the nodal agency referred to in Section 3; (i) “notification” means a notification published in the Rajpatra (e-Gazette), Himachal Pradesh;
(j) “prescribed” means prescribed by the rules made under this Act;
(k) “SCHEDULE” means THE SCHEDULE appended to this Act; and
(l) “State” means the State of Himachal Pradesh.
3. Nodal agency.—Subject to superintendence, direction and control of the Director, the General Manager, District Industries Centre; the Deputy Director of Industries, Single Window Clearance Agency, Baddi; and the Member-Secretary, Single Window Clearance Agencies of different areas, shall be the nodal agency for the areas under their jurisdiction for the purposes of this Act.
4. Powers and functions of nodal agency.—(1) Subject to the superintendence, direction and control of the Director, the powers and functions of the nodal agency shall be as follows :—
(a) to assist and facilitate establishment of enterprises in the State; and
(b) to maintain the record of declaration of intent received and Acknowledgement Certificate issued under this Act.
(2) The Government may assign such other powers and functions to the nodal agency as it may deem fit for giving effect to the provisions of this Act