Government Circular dt. 11th December, 2015- Department of Rural Development- Sub- Issue of NOC by Village Panchayat for industrial or commercial purposes*
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Regarding Issue of No-Objection Certificate by a Village
Panchayat for Industrial or Commercial purposes
Government of Maharashtra
Department of Rural Development
Government Circular No:- VPM-2015/Pra.Kra.306/Pa.Ra-4,
Bandhkam Bhawan, 25, Marzaban Street,
Mumbai-400 001
Date:- 11th December, 2015
Preface:-
Where industries providing various services of productive nature are to be set up in rural area, No-Objection Certificates touching upon various aspects are sought from the Village Panchayats within whose jurisdictional limits such industries are to be set up by various State Government machineries pursuant to the provisions of existing Acts/Rules within the domain of administrative departments of the concerned machineries before the grant of permission for such industries. It is noticed that a prolonged delay is caused by the concerned Village Panchayats in issuing such No-Objection Certificates. Moreover, in some instances it is also noticed that the No-Objection Certificate is revoked after the grant thereof. There is a provision to seek No-Objection of the Gram Sabha in the Notified Village Panchayats in the PESA area, before such an industry is started. However, except such notified areas, there is no provision either in the Village Panchayat Act or the Rules made thereunder for seeking permission of Village Panchayats in other areas. However, as No-Objection Certificates are sought pursuant to the provisions of Acts within the domain of other administrative departments following instructions are hereby issued regarding the issue of No-Objection Certificates by the Village Panchayats, with a view to facilitating setting up of industry in rural areas.
Government Circular:-
Generally, a separate No-Objection Certificate from Village Panchayats is sought by various machineries of the State Government for availing following permissions:-
[1] Department of Revenue and Forest:- Non-Agricultural permission, sanction for building construction, as well as to permit extraction of minor mineral.
[2] Pollution Control Board:- To seek environmental and pollution related permission for setting up an industry.
[3] Department of Water Supply:- To take permission for laying drinking water pipelines.
[4] By MGL/GAIL companies for setting up a network of Gas pipelines.
[5] Maha Distribution Company:- For the use of electricity and spreading network of high pressure power cables.
[6] Department of Water Resources:- For reservation of water.
[7] To seek permission for the construction of industrial building.
Presently, when a No-Objection Certificate for the grant of aforesaid permissions is sought from a Village Panchayat, a Resolution to that effect is taken up in the monthly meeting of the Village Panchayat and thereafter a No-Objection Certificate for the concerned industry is issued by the Village Panchayat. In furtherance thereof, when a person is setting up a new industry within the limits of the concerned Village Panchayat or the existing industry is sought to be expanded following action for the grant of No-Objection Certificate should be taken by the concerned Village Panchayat on the receipt of an application seeking grant of No-Objection Certificate for setting up such industry:-
1] Where a No-Objection Certificate of the Village Panchayat is made mandatory under any Act, only in such cases action should be initiated by the concerned Village Panchayat for the grant of its No-Objection Certificate.
2] Where any Act which insists on the No-Objection Certificates of Village Panchayats prescribes certain period for the issue of such No-Objection Certificates then in such cases the concerned Village Panchayat would be obliged to issue such No-Objection Certificate within the aforesaid prescribed period on the receipt of application therefor. Where no such period is prescribed, in such cases such No-Objection Certificate should be made available within 30 (thirty) office days of the receipt of such application. If a No-Objection Certificate is not issued to the applicant applying for such No-Objection Certificate within the aforesaid prescribed period or within 30 (thirty) office days as the case may be, then it shall be deemed to have been issued, subject to the terms and conditions not being prejudicial to the interests of the concerned Village Panchayat.
3] Where the concerned Village Panchayat wants to refuse a No-Objection Certificate, it would be required to state cogent reasons therefor.
4] Once a Village Panchayat issues a No-Objection Certificate to the concerned applicant, it cannot be revoked for any reason, whatsoever.
5] Where a No-Objection Certificate is sought for setting up an industry in the Notified Area, the concerned Village Panchayat should follow the procedure prescribed under the PESA Act, 1996 as well as the provisions of PESA Act related Rules published by the Department of Rural Development thereunder, while issuing such No-Objection Certificate.
6] The No-Objection Certificate to be issued by a Village Panchayat would be issued under the signature of Village Secretary with the approval of Village Panchayat.
This Government Circular is made available on the website of the Government of Maharashtra, viz. www.maharashtra.gov.in and its Code Number is 201512111227016820. This circular is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
Girish Dinkar Bhalerao-Digital Signature
[Girish Bhalerao]
Deputy Secretary, Government of Maharashtra
To,
Chief Executive Officers, Zilla Parishads of all Districts, who are requested to bring this circular to the attention of all Panchayat Samitis, Village Panchayats subordinate to them.
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Copy Despatched for Information:-
1] The Private Secretary to the Hon’ble Minister (Rural Development),
2] The Private Secretary to Hon’ble Minister of State (Rural Development),
3] The Principal Secretary (Industry), Department of Industry, Power and Labour, Mantralaya, Mumbai,
4] Divisional Commissioners, Pune/Konkan/Nashik/Aurangabad/Amravati/Nagpur,
5] All Deputy Chief Executive Officers (Panchayat), Zilla Parishads in all districts,
6] Section Officers, Sangram cell/Computer cell, Department of Rural Development and Water Harvesting, Bandhkam Bhawan, Mumbai,
7] Select File (Pa.Ra-4), Department of Rural Development and Water Harvesting, Bandhkam Bhawan, Mumbai.
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*[Translated work:- Translated by Adv. Prakash Manohar Chalke-
Copyright Reserved]©
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