CM to introduce EoDB bill in Assembly today, industrial units to get approval within 3 days

No inspection without DC’s nod for 3 years

Major relaxations for educational institutions, healthcare professionals

Enterprises to fix percentage of vacancies for J&K domiciles

Sanjeev Pargal

JAMMU, Sept 27: In a major step aimed at facilitating businesses in Jammu and Kashmir including industry, educational institutions, Health Centres etc, Chief Minister Omar Abdullah, who is also Incharge Department of Law, Justice and Parliamentary Affairs, will be introducing Ease of Doing Business (EoDB) bill in the Legislative Assembly tomorrow.

The bill proposed three-year moratorium to all enterprises i.e. no competent authority without permission of the Deputy Commissioner shall conduct an inspection of enterprise or take any coercive measures for up to three years while for new enterprises being set up in Approved Industrial Parks, the District Empowered Committees will issue a certificate of in-principle approval within three working days.

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Excelsior had earlier exclusively reported that the EoDB will be introduced in autumn session of the Legislature after being cleared by the Cabinet in two meetings as some Ministers had sought clarifications in the first meeting.

The bill, a copy of which is in possession of the Excelsior, aimed to replace permission-based control with rule-based governance and to enable citizens and enterprises to plan, invest, and work with confidence; and to foster Ease of Doing Business and Ease of Living in a manner that generates employment, attracts investment and sustains long-term economic growth in Jammu and Kashmir.

``An enterprise may undertake any activity excepting which is expressly prohibited by law. No prior permission, approval, or restriction shall be imposed except where justified by law. Further purposes of regulatory compliance, the Government shall function as a single entity. No authority shall require duplication of information, documentation, approvals or processes that are available with, or have already been furnished to any other authority of the UT, '' the provisions of the bill stated.

There will be a Council to be known as the UT of J&K (EoDB) Council headed by the Chief Minister and comprising Ministers of different departments, the Chief Secretary, the Secretaries. Principal Secretaries, Additional Chief Secretaries of different departments, Divisional Commissioners of Jammu/Kashmir and Chairman State pollution Control Board as Members and Administrative Secretary Industries and Commerce as the Member Secretary. Similarly, there will be an Executive Committee headed by the Chief Secretary as the Chairman and Administrative Secretaries and others from different departments as Members. The District Empowered Committee (DEC) will be headed by the DC of concerned district as the CEO and will have many officers as Members.

For new enterprises being set up in Approved Industrial Parks, the District Empowered Committee, shall forthwith issue a certification of in-principle approval within three working days while for new enterprises to be set up outside Approved Industrial Parks, the in-principle approval will be given by the DEC within 30 days for new enterprises and for existing enterprises within 45 days.

Significantly, in case the decision to issue the certificate of in-principle approval is not taken within stipulated period, it shall be deemed to have been issued by the DEC. The certificate of in-principle approval shall act as an approval under the Acts/Regulations/Bye-laws of Jammu and Kashmir for a period of three years from the date of its issuance.

``No competent authority without permission of the Deputy Commissioner shall conduct an inspection of enterprise, nor shall take any coercive measures against any enterprise up to three years from the date of its registration for the purposes of, or in connection with, any approval like no objection certificate, consent, registration, permission, license and similar instrument,'' the bill proposed.

Further, the Executive Committee with the approval of Chairman of the Council shall be competent to extend moratorium to such number of years to such category of enterprise as it may deem, fit. An inspection will, however, be undertaken if complaints of serious nature are received by the competent authority or an officer or officers authorized by him after obtaining approval of the Deputy Commissioner or Additional DDC in writing after recording reasons for such an inspection. However, the inspection report has to be made available online to the enterprise and the concerned department within 48 hours of the inspection.

On private schools, the EoDB proposed that the Executive Committee with the approval of Chairman of the Council shall be competent to ease or relax, any restriction relating to minimum land requirement, either on purchase, lease or rent, to set up private schools from Kindergarten to Class 12, requirement of infrastructure like playgrounds, lands, equipments, classroom sizes, built up areas, computers, libraries, book etc and minimum security deposit or endowment fund.

Almost similar relaxations will be available for establishing private higher educational institutions.

The Executive Committee with approval of the Chairman of the Council shall be competent to allow private schools and private higher educational institutions to enter into an arrangement with and Government/private entity for use, on sharing basis, of facilities like playgrounds, libraries, computer labs and, common service centers etc subject to payments.

On medical front, the EoDB proposed that a medical practitioners/health care professional registered in any other State/UT shall be deemed to have been registered in the UT of J&K to allow him to conduct his profession.

``Where any professional or consultant or consultancy firm, offering third-party services like approvals of building plans, fire safety certificates, pollution related approvals and any other services, have been empanelled in any other States/UT, such professional shall be deemed to have been empanelled in J&K for the said purpose,'' as per the bill proposals.

If any enterprises wishing to set up its unit which is not in conformity with the Master Plan or outside the notified industrial areas, the Executive Committee may subject to approval of the Chairman of the Council relax conditions of the Master Plan and consider approving the proposal provided the enterprise is not located in the areas mentioned in the negative list. However, where there is no Master Plan, any activity by the enterprise may be allowed by the DEC.

On the request of the enterprise, the Industrial Area Development Authority shall allow freehold conversion of the land with the enterprise subject to the condition that the unit has been operational and functional for a period of five years.

“The Executive Committee with the approval of Chairman Council may by order direct that every enterprise employing more than 10 employees has to reserve certain percentage of vacancies for domicile candidates of Jammu and Kashmir. The Committee shall ensure uniformity of percentage of reservation for enterprises engaged in similar trade or commercial activity. Any enterprise which violates the order shall be liable for penalty,'' the bill proposed but said in the event of adequate number of domicile candidate of J&K of desired skill, qualification or proficiency are not available, the enterprise may apply for exemption from the reservation order.