HOW CAN I APPLY?

Use link https://bioscope.rajasthan.gov.in or User Manual

What is the objective of “The Rajasthan MSME (Facilitation of Establishment and Operation) Act, 2019”?

The objective is to promote livelihoods, inclusive economic growth and entrepreneurship in the State by giving exemption to MSMEs from approvals under any Rajasthan Law and inspections for establishment and operation of enterprise.

What is the definition of MSME?

In exercise of the powers conferred by sub-section (1) sub-section (9) of section 7 of the 'Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) and in supersession of the notification of the Government of India, Ministry of Small Scale Industries, dated the 29th September, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(ii), vide S.O. 1642(E), dated the 30th September 2006 except as respects things done or omitted to be done before such supersession, the Central Government, hereby notifies the following criteria for classification of micro, small and medium enterprises, namely:-

(i) a micro enterprise, where the investment in Plant and Machinery or Equipment does not exceed one crore rupees and turnover does not exceed five crore rupees.
(ii) a small enterprise, where the investment in Plant and Machinery or Equipment does not exceed ten crore rupees and turnover does not exceed fifty crore rupees.
(iii) a medium enterprise, where the investment in Plant and Machinery or Equipment does not exceed fifty crore rupees and turnover does not exceed two hundred and fifty crore rupees.

What are the eligibility criteria under the given Act?

The exemptions under the Act are applicable only on the new enterprise and that includes an enterprise set up or proposed to be set up by an existing enterprise for manufacturing products or providing services at a location which is separately identifiable and different from location of the existing enterprise.

Is there any list of documents required with the application?

No documents are required for filing of Declaration of Intent. But, the applicant (representative of enterprise) must have Aadhaar number linked with registered mobile number for OTP based authentication.

Is there any fee for applying?

No, there is no application or any other additional fee for applying under the Act.

What is the validity period of the Acknowledgement Certificate?

The validity period of the Acknowledgement Certificate is 3 years from the date of issuance of the Acknowledgement Certificate.

What will happen after completion of effective period of the Acknowledgement Certificate?

The Enterprise will have to obtain approvals/clearances from the concerned departments within six months from the date of completion of effective period the Acknowledgement Certificate.

Will Acknowledgement Certificate be applicable on more than one set of premises?

No, Acknowledgement Certificate will be valid on single set of premises mentioned in Declaration of Intent.

A separate Declaration of Intent shall be submitted in case the enterprise is having commercial operations on more than one set of premises.

How can the competent authority or third person do instant verification of the validity or the details mentioned in the Acknowledgement Certificate?

The verification of the validity or the details mentioned in the Acknowledgement Certificate can be done by scanning the QR Code available on the Acknowledgement Certificate or by entering the Acknowledgement Certificate number of the enterprise at website https://rajudyogmitra.rajasthan.gov.in/ .

Can enterprise take approvals from departments during the validity period of Acknowledgement Certificate?

The enterprise can take approvals from departments during the validity period of Acknowledgement Certificate and it does not have to wait for the expiry of validity period.

Who will authenticate the information submitted by the enterprise? What will happen if the enterprise submits the wrong information?

Acknowledgement Certificate will be issued based on applicant’s self-declaration and the information submitted by the enterprise will not be authenticated by any authority. If the applicant willfully submits the wrong information or breach any of the provisions of the Act, its Acknowledgement Certificate can be revoked immediately..

What are the provisions for change in information submitted in Declaration of Intent?

The enterprise can alter the information in the Declaration of Intent during the validity period of the Acknowledgement Certificate. The modification/ alteration shall be effective only after the issuance of Acknowledgement Certificate for such modification or alteration.

Can enterprise change all the information previously submitted in the Declaration of Intent?

No, the enterprise cannot change the name of the enterprise, type of organization and the location of manufacturing/service activity of enterprise.

How does the enterprise change the information in Declaration of Intent?

The enterprise can click on update/edit and can edit the details of Declaration of Intent. The new Acknowledgement Certificate with updated information will be generated.

If the enterprise that has received the Acknowledgement Certificate under the Act, become non-MSME enterprise (Large Enterprise) by making further investment then what will be the status of exemptions granted?

The validity and applicability of Acknowledgement Certificate of such enterprise will stand null and void i.e. the validity of the certificate will cease to exist.

What will happen if enterprise fails to get approvals after five years and six months?

If the enterprise fails to get approvals after 5.5 years then the competent authority will act as per the provisions of the concerned Acts and Rules.

Who will be the facilitating agency for the Act?

Bureau of Investment Promotion will be the State Level Nodal Agency and the District Industries Centre will be the District Level Nodal Agency for assisting and facilitating the establishment of the enterprise for availing the exemptions under the Act.

Is there a helpdesk available for the queries?

Yes, the helpdesk will be available in the State Level Nodal Agency (Bureau of Investment Promotion), Udhyog Bhawan, Jaipur.

What are the contact details of the helpdesk?

Help desk can be contacted at bip.raj@nic.in or 0141-2227274/ 7812/ 7713.

Is there provision for grievance redressal?

Yes, the State Level Nodal Agency (Bureau of Investment Promotion) will be responsible for grievance redressal.

What is the mechanism for grievance, queries, dispute resolution?

Grievance, queries, disputes etc. shall be submitted online to the State Level Nodal Agency (Bureau of Investment Promotion).

How will the competent authority get the information of the enterprises that are exempted under the Act?

The information of Declaration of Intent and Acknowledgement Certificate of the enterprise will be auto forwarded online to the Competent Authorities by the State Level Nodal Agency. Competent Authority can view the list of enterprises who has availed exemptions under the Act.

What are the exemptions from the approvals and inspections mentioned in the Act?

The Acknowledgement Certificate will have effect as if it is an approval (as per section 2-b of the Act), under any Rajasthan law, for the period of five years. No competent authority of the State shall undertake any inspection for the purpose of such approvals for the period of five years. (Section 6 of the Act) Also, section 9 of the Act provides that for the applicability of provisions of the Act following Acts shall be read as amended in conformity with the provisions of the Act:

• (a) Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955);

  (b) Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956);

  (c) Rajasthan Urban Improvement Act, 1959(Act No. 35 of 1959);

  (d) Rajasthan Gram Dan Act, 1971(Act No. 12 of 1971);

  (e) Jaipur Development Authority Act, 1982 (Act No. 25 of 1982);

  (f) Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994);

  (g) Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009);

  (h) Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009);

  (i) Ajmer Development Authority Act, 2013 (Act No. 39 of 2013);

What is the indicative list of approvals and inspections there under for which the enterprise shall be exempted under the said Act after availing the Acknowledgement Certificate?

The indicative list of approvals and inspections there under, for which the enterprise shall be exempted under the said Act after availing the Acknowledgement Certificate, is following:

• (i) Registration under the Rajasthan Shops and Commercial Establishments Rules, 1959

  (ii) Building Plan Approval, Completion Certificate and Occupancy Certificate under Unified Building Byelaws- 2017 (Rajasthan Building Byelaws- 2017)

  (iii) Building Plan Approvals under RIICO Disposal of Land Rules, 1979

  (iv) Conversion of land (section 90 A) under The Rajasthan Urban Areas (Permission for use of Agricultural Land for Non - agricultural Purposes and Allotment) Rules – 2012

  (v) Change in land use under The Rajasthan Urban Areas Change in Land Use Rules – 2010

  (vi) Sub-division reconstitution and improvement of plots under The Rajasthan Urban Areas (Subdivision, Reconstitution and Improvement of Plots) Rules, 1975

  (vii) Land Conversion under (Section 90A) of Land Revenue Act 1956

  (viii) Layout plan approval under Rajasthan Township Policy 2010

  (ix) Change in land use under Rajasthan Land Use Change Rules 2010

  (x) Issuance of Trade license for Hotel, restaurants etc. under Rajasthan Municipality Act, 2009

  (xi) Conversion of Land under Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes) Rules, 2007

  (xii) Transfer of interest in the land, as per section 27 under Rajasthan Gram Dan Act, 1971(Act No. 12 of 1971);

This is indicative list and not the exhaustive list of approvals & inspections under Rajasthan Law which are covered under the Act. Besides these, the State Government or any authority under it is empowered to exempt enterprises from any approval or inspection or any provisions relating thereto under any Central Act as mentioned in section 7 of the Act by publishing in gazette notification.

What will happen to the approvals of various Central Acts after the Act is passed?

The Act gives power to State Government Departments or any authority under it, to exempt any enterprises from any approval or inspection under any Central Act, if the Central Act allows State Government to exercise such powers. Using the power given by this Act, the State Government Departments will further notify exemptions from Approvals under Central Acts.

Is it mandatory to have Aadhaar Card for filing the Declaration of Intent?

The ‘Declaration of Intent’ can be filed online by individuals (representative of the enterprise) themselves in case they have an Aadhaar number. However, in all exceptional cases, including those of not having Aadhaar number, can still file ‘Declaration of Intent’ in offline mode, in the State Level Nodal Agency (Bureau of Investment Promotion).

What will happen if enterprise is unable to file Declaration of Intent electronically?

Then the enterprise may fill the Declaration of Intent by visiting the State Level Nodal Agency (Bureau of Investment Promotion) along with either of the valid photo id proof issued by the Government, viz-a-viz bank photo passbook, voter ID Card, passport, driving license, PAN card, employee photo identity card Only in case of special circumstances or failure of electronic system due to unforeseen circumstances, the enterprise may submit Declaration of Intent in prescribed form, in physical format to the State Level Nodal Agency (Bureau of Investment Promotion).

What all information will be included in Acknowledgement Certificate?

The computer-generated Acknowledgement Certificate will include the information of the enterprise and validity period of the Acknowledgement Certificate.

What are the responsibilities of the enterprise?

Following are the responsibilities of the Enterprise

• i. After the expiry of the Acknowledgement Certificate, the enterprise will have to obtain required approvals, within six months from the validity date of Acknowledgement Certificate.

  ii. The enterprise shall maintain the standards prescribed in the relevant safety codes and maintain emergency preparedness for safety and health of the employees or workers.

  iii. The enterprise shall not engage in any manufacturing and service activity which is prohibited under any law or which may pose serious threat to public health or law and order.

  iv. The enterprise shall inform any change in the information provided by it in the Declaration of Intent.

What are the conditions of non-eligibility of the enterprise for exemption under the Act?

The enterprises engaged in manufacturing, trade, commerce, supply, distribution and sale of tobacco products or alcoholic drinks or explosives including detonating fuses, safety fuses, gun powder, nitrocellulose, crackers and matches may not be allowed to avail exemptions under the Act.

Under what conditions Acknowledgement Certificate is subject to cancellation/revocation?

Under following conditions Acknowledgement Certificate can be revoked:

• i. Willful submission of wrong information in Declaration of Intent.

  ii. Breach or contravention of any of the provisions of the Act and the rules.

  iii. If the enterprise cease to be a micro, small or medium enterprise.

  iv. If the enterprise changes the location of manufacturing or service activity as mentioned in Declaration of Intent.

  v. If the enterprise ceases to exist due to merger or split or demerger or acquisition or amalgamation and the enterprise is a part of such arrangement.