Rule, 2020

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Government of Kera la dated 05-09-2012 with RNI Reg No.KlffV(N)/634/2018-20 Vol. IX u <:dbm~ cncrug

KERALA GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

1195 wmi 21 Thiruvananthapuram, 21st Dhanu 1'195 Monday 1941 Qn.J'!>,ajo 16

GOVERNMENTOFKERALA

NOTIFICATION

} mcrurn 43 No.

G. 0. (P) No. 2/.2020/ID. Dated, Thiruvananthapuram, 6th January, 2020. In exercise of the powers conferred by section 14 of the Kerala Micro Small Medium Enterprises Factlitation Act, 2019 (16 of 2019) the Government of Kerala hereby makes the following rules, namely:- II This is a digitally s·{in~:Gazette.

Authenticity may i;c.vcri'ti&J through https://compose.kerala.gov.in/ I

RULES

1. Short title 'and commencement.-{l) T~ese rules may be called the Kerala Micro Small Medium Enterprises Facilitation Rules, 2020.

(2) They shall come into force at once.

2. Definitions.--{!) In these rules, unless the context otherwise requires:-

(a) "Act" means the Kerala Micro Small Medium Enterprises Facilitation Act, 2019 (16 of

(b) "Authorized officer" means person authorized by Nodal Agency for cm-Ying out the functions assigned in these rules;

(c) "Form" means the form appended to these rules.

(2) Words and expressions used not defined in these rules, but defined in the Act, shall have the .. . same meaning assigned 'to them in the Act.

3. Procedure for Grant of Acknowledgment Certificate.--{l) Every.enterprises other than those not ' .J included as Red Category by the Kerala State Pollution Control Board seeking Acknowledgment Certificate under sub-section (3) of section 5 of the Act shall furnish a duly filled Self Certification before t~e No$1 Agency in Form-I, electronically on the web portal designed for the purpose along with a fee calculated at the rate of 0.0 l per cent of.the total project cost (excluding the value of the land) for each Self Certification submitted by the enterprise. However, in case of special circumstances or due to failure of .web portal to accept the Self Certification, the enterprise may submit Self Certification, in physical form to 1the Nodal Agency.

(2) The fees shall be remitted to the designated bank account of the Nodal Agency through online or internet banking or National Electronic Fund Transfer (NEFn or credit card/debit card.

(3) On the receipt of Self Certification, completed in all respects, the Acknowledgment Certificate shall be issued fostantly by the electronic web portal in Form-II, stating the date of receipt of Self Certification and the period of validity of Acknowledgment Certificate. This is a digitally $'igoki·tJfutte.

Authenticity may !Se' ~t'iiJi°td through https://oompose.kerala.gov.in/ I• ••. ,o t ~ 11 . · 1·-. r;;i ., . W i i . ., . ... . • .

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(4) The Self Certification shall be submitted by,- ·(a) thj proprietor, in case of proprietary enterprise;

I

(b) the authorized partner in case of partnership enterprise; I ( c) Dfrector or the Principal Officer or any person duly authorized by the board in the case of I a company; and ( d) the: authorized person in case of other forms of enterprises.

(5) In case the enterprise is having commercial operations on more than one set of premises, a I separate Self Certification shall be submitted for each such set of premises. I

4. Functiod of the Nodal Agency.-{l) The Nodal Agency shall act as the co-ordinating and implementing agen~y for carrying out the purposes of the Act. I

(2) The Nodal Agency shall appoint one or more Authorized Officers for the purpose of verification and is suance of Acknowledgement Certificate under the Act in case there is failure of I

(3) The ~odal Agency shall receive and address the grievances and queries of the enterprise related to anything ldone or omitted to be done under the Act and rules.

(4) The Nodal Agency shall maintain the electronic portal for carrying out the purposes of the Act and keep recor~ of Self Certification and the Acknowledgment Certificate. I

(5) Nodal Agency shall, on issuance of Acknowledgment Certificate, forward the Self Certification and ~cknowledgement Certificate of enterprise to aB Competent Authorities. I

(6) Nodal,Agency shall be responsible for coordination between the Competent Authorities and the enterprise. In case of dispute between enterprise and Competent Authority, the Nodal Agency shall resolve the dispute:and for that purpose may seek directions from the State Board, as and when required.

5. Effect of Acknowledgement Certifzcate.-Acknowledgment Certificate issued under section 5 of the Act shall have 1effect as if an approval as defined in clause ( c) of section 2 of the Act, for a period of three years in suchlcase as mentioned in the schedule to these rules.

6. Procedure for filing appeal before the Appellate Authority.-The appeal filed before the Appellate Authori~ under sub-section (2) of section 12 of the Act shall be in Form Ill.

7. Removal hf doubts.-If any difficulty arises in the application or interpretation of the Act and these rules the maher shall be referred by the Nodal Agency to the State Board, whose decision thereon shall be final, in su ch matters.

I This is a digitally signed· azctte.

Authenticity may be verifitd through https://compose.kerala.gov.in/

I II

FORM I

[See rule 3(1)] Form of Self Certification (submitted under sub-section (1) of section 5 of the Kerala Micro Sn:iall Medium Enterprises Facilitation Act, 2019) A. Details of the Aoolicant

2) Aadhaar Number of Applicant B. Address for Communication

1) Plot No/House No.

2) · Name of premise/building

5) Village

6) Town

7) City

8) District

9) State

10) PIN Code

3) Telephone ,

4) Email Id

1) Name of the Undertaking/Enterprise

2) Type of Organization Proprietary/Hindu Undivided Family

4) Type of Enterpr.ise Micro/Small/Medium

5) Major Activity of Enterprise Manufacturing/Service

6) Estimated Project Cost

7) Products to be ' Manufactured/Services to be orovided

8) Expected date of commencement of operation This is a digitally signe9 Gµette.

Authenticity may ~:v~rifi~'through https://compose.kerala.gov.in/ E. Location of Manufacturine/Service Activity of Enterprise

1) Total P~©ject Area (in

2) Nature of title of Land Owned/Lease/Rent

3) Plot No.{House No.

4) Name o~premise/building

6) District

7) Taluk

8) Village

9) Block Nhmber I

10) Survey lilumbers with Subdivision

11) PIN Code Certification IfW e . . . . . . . . . . . . . . ........... residing at. ....................... state that 1 am authorized signatory for Mis ............... l ......... , and hereby give the following self declaration and undertake that:- i. UWe cetify that the infonnation furnished in Self Certification under these Rules is true and correct to the best of my/our knowledge & belief and no material information bas been ii. I/We hale read the Kerala Micro Small Medium Enterprises Facilitation Act, 2019 and the Rules mkde thereunder and undertake to abide by them. In case of changes in above details, the samd will be intimated to the Nodal J\gency at the earliest. iii. I/We heJeby agree and undertake that I/We shall comply and observe the various Rules and Regulatibns prescribed under various enactments which are required to be complied with for setting u~ and operation of the enterprise in the State including but not limited to the Kerala PanchayLt Building Rules, 2019 or the Kerala Municipality Building Rules, 2019, as the case mat be and National Building Code and any amendment thereof and if a violation is I noticed by the Nodal J\gency or there is any suppression of material facts or the information furnisheh in the Self Certification is found to be false, the Nodal J\gency has the power to cancel tJe J\cknowledgement Certificate after affording an opportunity of being heard to the applicanlenterprise by giving 15 days' notice seeking his explanation, if any, and impose a penalty !n the applicant/enterprise. · iv. IfW e heleby undertake that for development of the plot for setting up the enterprise IfW e shall cotply with the provisions contained in the Kerala Conservation of Paddy Land and Wetland J\ct, 2008, the Kerala Land J\ssignment J\ct, 1960, the Kerala Town and Country PlanninJ J\ct, 2016 and Rules framed thereunder and any other conditions . or restrictions I Authenticity may be veritiJd through https://compose.kerala.gov.in/ contained.in any other Act/Rules·applicable for setting up the enterprise. v. I/We hereby declare that the proposed construction of the project building shall be in conformity with the Kerala Panchayat Building Rules, 2019 or the Kerala Municipality Building Rules, 2019 as the case may be and Master Plan and Detailed Town Planning Scheme notified under the Kerala Town and Country Planning Act, 2016 (9of2016) where the case is applicable.

VI. I/We am/are furnishing the Self Certification for the enterprise which is a new enterprise as defined in the Act.

vii. I/We have not previously obtained any Acknowledgement Certificate as defined under sub-section 3 of section 5 of the Act for the land or building or premises as mentioned in 'Location of Manufacturing/Service Activity of Enterprise' in Self Certification. VUI. I/We will maintain the safety standards prescribed under various enactments specified under section 1 o·(2) of the Act in the operation of the enterprise to ensure safety and health of the 'IX. I/We will not engage in any manufacturing activity or provide any services which are prohibited under any law or rules.

Name Date Place Signature This is a digitally sjgneil Gazette.

Authenticity may tie' ve'rified through hnps://compose.kerala.gov.in/ . . ~ : ol :m "' ... .

FORM II

[See rule 3(3)] Acknowledgement Certificate (issued under su -section (3) of se·ction 5 of the Kerala Micro Small Medium Enterprises Facilitation Act, 2019) Mis..... ................................ has filed a Self Certification under the Kerala Micro Small Medium Enterprises Fiacilitation Rules, 2020 to set up a ................................ (Manufacturing/Service) enterprise. The receipt of the Self Certification for the enterprise is hereby acknowledged with following deraJils as contained in the Self Certification:

Acknowledgement Details

1. Acknorledgment Number

2. Date or Acknowledgment

3. Validity of Acknowledgment I

4. Name pf the Enterprise

6. Addref s for Communication

(a) Plft No/House No

(b) Name of premise/building I

(e) vipage

(g) City I

(h) Dirtrict

(i) State I

7. Major jActivity of Enterprise

8. Produdt(s) to be Manufactured/Service(s) to be providbd

9. Locatipn of the Proposed Enterprise

(a) N~me of premise/building < c) oirtrict Authenticity may be vef.ifit through https://compose.kerala.gov.in/

(e) Village

(g) Survey Numbers with Subdivision

10. Estimated project cost

1. Subject to provisions of the Act and Rules, this Acknowledgement Certificate shall entitle the enterprise:

(a) Exemption from approval under the various enactments mentioned in the Act.

(b) Exemption from inspection for the purpose of, or in connection with, any approval under various enactments mentioned in the Act.

( c) It can be presented to any Competent Authority or Bank or Financial Institution as and when required who shall treat it as valid approval as defined in sub-section ( c) of section 2 of the Act for all the purposes.

2. This Acknowledgement Certificate is issued, subject to following conditions:

(a) The provisions of the Kerala Micro Small Mediwn Enterprises Facilitation Act, 2019 and its applicability shall be limited to Acts mentioned in the Act and the activities mentioned in the Ackn9wledgement Certificate.

(b) The Acknowledgement Certificate is valid for a period of three years from the date of issue

(c) After the expiry of Acknowledgement Certificate, the enterprise shall have to obtain required approvals, for which no further intimation shall be provided. ( d) In case of willful submission of false information in Self Certification or suppression of material fact, or breach or contravention of any of the provisions in the Act & the Rules, the Nodal Agency can revoke/cancel the Acknowledgement Certificate as per provisions of the Act and Rules.

(e) The Acknowledgement Certificate will become void, if the enterprise ceases to exist due to merger or division of enterprise or acquisition or amalgamation of the enterprises or if it ceases to be a Micro, Small or Medium enterprise as defined under the Act. Dated on this the ....... (date) day of ... . ... (month) .. .. . ...... (year) Signature of Issuing Authority.

This is a digitally signed G!izette.

Authenticicy may be verified through llttps://coropose.kerala.gov .in/ FORM Ill [See rule 6] Appeal submitted to the Appellate Authority (filed under the su 1-section (2) of section 12 of the Kerala Micro Small Medi~m Enterprises Facilitation Act, 2019) I . Name of the applicant with mobile number

3. Contact dekils of Enterprise

4. Details of ~dustrial Unit

5. Details of t provals sought for by the applicant

6. Details of the application rejected by the Nodal Agency

7. Date ofrejlction of application by the Nodal Agency

8. Reason fortejection of the application

9. Grounds. olappeal

10. Details of the records enclosed :

Note:- Tbe . appelllnt should enclose a copy of the order of the Nodal Agency appealed against in addition to any othJr document(s).

Place:

Date:

Name and Signature of the applicant This is a digitally signed·'.G ne.

.,. ···t!l ' ' . ' .is : ; : -l!i· . (I) Approval 1 Issue of Development Permit 2 Issue of Building Permit 3 Layout Approval Permission for construction of factories and installation of machinery Issue of Licence to Factories, Trades, Entrepreneurship activities and other services Registration of Private Hospitals, Clinics and Paramedical Institutions Issue of Development Permit issue of Building Permit Layout Approval Permission for construction of factories artd installation M machinery Issue of Licence to Factories, Trades, Entrepreneurship activities and other services Registration of Private Hospitals, Clirlics atid Paramedical Institutions This is :l tligitally signed Gazette.

SCHEDULE

The Kerala Panchayat Raj Act, 1994 ( 13 of The Kerala Municipality Act, 1994 (20of1994) Authenticiiy may be v6rified through https:/lcompose.kerala.gov.in/ Category For constructions of building with plinth area up to 20,000 Sq. ft. and height up to 15 m.

For constructions of building with plinth area up to 20,000 Approval NOC -Jnder Item 12, 13 of sub-rul;I< 4) of rule 5 under the Rules, 2019 and Kerala Panchay~t Building Rules, 2b 19.

License ~or working lifts and escalatots I I The Kerala Panchayat Building Rules, 2019 Municipality Building Rules, 2019 The Kerala Lift and Escalators Act, 2013 Travancore - Cochin Public Health Act, Madras Public Health Act, 1939 The Kerala Shops and Commercial Establishments Act, Category For constructions of building with plinth area up to 20,000 Sq. ft. and height up to 15 m.

(It shall not be applicable for assembly and hazardous occupancy) For working lifts and escalators up to three floors By order of the Governor, Principal Secretary to Government Explanatory Note (This does not form part of the notification, but it is intended to indicate its general purport.) As per sec!on 14 of the Kerala Micro Small Medium Enterprises Facilitation Act, 2019 (16 of 2019) the GovenJent may make rules prospectively or retrospectively for the purpose of carrying into effect the provisionlof the Act.

According!~, the Government have decided to make rules for the purpose of carrying into effect the provision of theiAct.

The notific tion is intended to achieve the above opject.

1 PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS :. . AT THE GOVERNMENT CENTRAL PRESS, THIRUV ANANTHAPURAM, 2020 ; ·.·, · This is a digitally signed{} ette.

Authenticity may be verifieli through https://compose.kerala.gov.in/ I