Bihar Industrial Investment Promotion Rules, 2016

{
    "id": 15343,
    "slug": "bihar-industrial-investment-promotion-rules-2016",
    "title": "Bihar Industrial Investment Promotion Rules, 2016",
    "short_title": "Bihar Industrial Investment Promotion Rules, 2016",
    "act_number": "Published vide Notification No. 4 Tech./llP Rules,",
    "act_year": 2016,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Industrial Investment Promotion Rules, 2016",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) (a) \"Act\" means The Bihar Industrial Investment Promotion Act, 2016.\n(b) \"Board\" or \"State Board\" means State Investment Promotion Board as defined under Section 4 of the Act;\n(c) \"Clearance\" means grant or issue of no-objection certificate, allotments, consents, approvals, permissions, registrations, enrollments, licenses and the like, by any competent authority or authorities in connection with the setting up of an industrial undertaking in the State of Bihar and shall include all such clearances required till the industrial undertaking starts commercial production;\n(d) \"Commissioner\" means any person appointed by the State Government to act as Industrial Development Commissioner;\n(e) \"Common Application Form\" means combined application form for investment and clearances as notified by the State Government from time to time.\n(f) \"Company\" means any body corporate and includes a firm or other association of individuals;\n(g) \"Competent authority\" means any department or agency of the State Government, which is entrusted with the powers and responsibilities to grant or issue clearances, and shall include Gram Panchayats, Panchayat Samitis, Zila Parishads, Municipalities, Municipal Corporations and Development Authorities;\n(h) \"Department\" means the Department of Industries of the Government of Bihar;\n(i) \"Enterprise\" shall have the same meaning as in Section 2 (e) of The Micro, Small and Medium Enterprises Development Act, 2006 [No. 27 of 2006];\n(j) \"Fee\" and \"Deposits\" shall mean the amounts prescribed by Acts and Rules of the respective competent authorities for according clearance/ approval/consent or any other type of statutory permission which are within the competence of that authority.\n(k) \"Incentive\" means such financial and non-financial benefits provided to the investor from time to time under the Policy;\n(l) \"Online\" means connected by computer to one or more other computers or networks such as the Internet.\n(m) \"Policy\" means the Bihar State Industrial Investment Promotion Policy\n(n) \"Public Authority\" shall mean any office responsible for implementation of the various acts and it includes all Competent Authorities defined in section 2(f) of the Act;\n(o) \"Rule\" means The Bihar Industrial Investment Promotion Rules, 2016;\n(p) \"Secretariat\" means Secretariat of State Investment Promotion Board as defined under Section 5 of the Act;\n(q) \"State Government\" means the State Government of Bihar ;\n(r) \"Udyog Aadhar\" means such registration of industrial units as are laid down by the Union Ministry of Micro, Small and Medium Enterprises from time to time.\n(2) All other words and expressions used herein but not defined shall have the same meanings respectively assigned to them in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of State Investment Promotion Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Procedure of the State Investment Promotion Board.",
            "chapter": null,
            "content": "(i) Review the list of clearances to be provided by the Secretariat\n(ii) Review the list of clearances to be provided on the basis of self-declaration\n(iii) Approval of Common Application Form\n(iv) Review the Fees and Deposits for application under SIPB\n(v) Guide and advise the Department on issues and clarifications related to the Policy\n(i) Review the status of investment proposal and its approval status\n(ii) Review the status of investment proposals approved by the Board and their implementation status\n(iii) Review the status of clearances accorded to the approved investment proposal\n(iv) Review the number of investment proposals where deemed approval had to be granted and reason for according such deemed approval\n(v) Review the bottlenecks in obtaining clearances for approved proposals and undertaking necessary actions to resolve\n(vi) Review the status of loan sanctioned and approved by banks/ Financial Institutions to the approved proposals\n(vii) Review the implementation of the policy\n(viii) Review the status of financial incentives processed and disbursed\n(ix) Any other functions as assigned by the State Government from time to time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Secretariat of the State Investment Promotion Board.",
            "chapter": null,
            "content": "(i) receive, process and make available all required clearance to all new investment proposals including modernization, upgradation and expansion of existing industrial units.\n(ii) plan, design and implement campaigns to promote Bihar as investment destination within and outside the country;\n(iii) arrange to receive and process Common Application Forms and ensure that all clearances are given within the time limits to be prescribed under this rule;\n(iv) collect prescribed fees and deposits on behalf of the competent authority for grant of clearance and transfer the fees and deposits to the respective accounts.\n(v) convey such clearances to the applicant and where there are deficiencies in the application, convey such deficiencies to the applicant and get these rectified;\n(vi) collate and furnish statistical information on investment by sectors, product and scale, collect all relevant statistical information and provide to Union and state authorities as and when required; and\n(vii) prepare sector and product wise information for prospective investors and disseminate through web sites, print and visual media and other means as may be directed by the Department.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Integrated Clearance System.",
            "chapter": null,
            "content": "(i) Stage I Clearance. - Stage I clearances refers to examining the feasibility of the project by the State Board and providing necessary approval to the investor. The Secretariat shall examine the investment proposal in the manner prescribed by the State Board and place the proposal before the State Board for a decision as per provisions made in Rule 4. Stage I clearance will allow investor to apply for subsequent stages of approval. The Stage I shall necessarily identify the broad sector, quantum of investment and location etc. of the proposed investment. The Board may prescribe a list of information that may be required to be furnished along with the proposal for Stage I Clearance.\n(ii) Stage II Clearance. - Stage II clearance refers to clearances requested by an investor at the pre-establishment stage from the Secretariat before setting up of an industry. List of pre-establishment stage clearances will be notified by the Department from time to time. These clearances shall be provided as per the provisions made in Section 6(4) of the Act.\n(iii) Stage III Clearance. - Stage III clearance refers to clearances requested by an investor at the pre-operation stage from the Secretariat before commencement of commercial production. List of pre-operation stage clearances will be notified by the State Government from time to time. These clearances shall be provided as per the provisions made in Section 6(4) of the Act.\n(iv) Financial Incentive clearance. - Financial Incentive clearance refers to the clearance requested/accorded to an investor for availing financial incentives. The quantum of incentives to be given shall be decided at this stage as per the Policy. This clearance may be granted anytime after Stage I approval by the designated Authority of the State Government after completion of the required prerequisites as decided by the Board. This shall be an automatic process and no fresh application shall be required from the investor. The proposals shall be placed before the State Board in its next meeting on fulfilling of the prerequisites for a decision. The State Board shall recommend the quantum of incentives applicable to the investment proposal. The final approval of the Financial Incentives shall be given as per the provision of Rule 7. The actual disbursement of incentives shall be as per actual implementation of the investment proposal.\n(i) The common application form along with prescribed attachments shall be submitted/ uploaded online.\n(ii) The competent authority may ask for additional information from the applicant only once, within first 7 days, through the online portal only. The reply to the additional information shall only be submitted online by the applicant.\n(iii) In case the additional information is not sought for by the competent authority within the prescribed time limit from the date of receipt of application, it will be construed that no additional information is required and original time limit for clearance shall apply and the competent authority shall decide on the basis of the documents submitted by the applicant.\n(iv) In case the additional information is sought for by the competent authority within the prescribed time limit, the time limit prescribed in Section 5 and Section 6(4) of the Act shall be counted from the date on which the additional information is furnished by the applicant online.\n(v) The competent authority shall process the application and communicate the decision (approve/reject the request along with his comments) within the time limit prescribed in Section 5 and Section 6(4) of the Act to the applicant.\n(vi) Applicant will be allowed an option to file for all clearances at once or may choose to apply at various intervals. In case an application for clearance is rejected the applicant may be allowed to file application for the clearance afresh.\n(vii) Every approval/ certificate will be given a unique Single Window Clearance ID which can be used for third party verification of approvals in public domain.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Financial Incentives to eligible industrial units.",
            "chapter": null,
            "content": "(i) The Commissioner within a time limit of 15 days shall take a decision on the proposals, which involve investment of Rs. 2.5 Crore and less. If the decision on the proposal is not taken within the prescribed timeline, the reason for delay shall be recorded.\n(ii) Proposals which involve investment of more than Rs. 2.5 Crore and up to a limit of Rs. 10 Crore shall be decided by the Minister, Department of Industries within a time limit of 15 days.\n(iii) Proposals which involve investment of more than Rs. 10 Crore and up to a limit of Rs. 20 Crore shall be decided jointly by the Minister, Department of Industries and Minister, Department of Finance. The Minister, Department shall decide within 15 days and subsequently the Finance Minister shall take a decision within the next 15 days.\n(iv) Proposals above Rs. 20 Crore shall be decided by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Self-certification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Deemed Approval.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Grievance/ Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Miscellaneous.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 11th February, 2020 [bh694]",
        "Act Number": "Published vide Notification No. 4 Tech./llP Rules, 2016/151/2016-3074, dated 28.12.2016",
        "Enactment Date": "",
        "Act Year": "2016",
        "Short Title": "Bihar Industrial Investment Promotion Rules, 2016",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}