MINUTES OF THE THIRD MEETING OF THE BUSINESS FACILITATION COUNCIL (BFC) HELD ON 5TH MAY, 2010 AT 11.00 a.m.

Third meeting of the Business Facilitation Council, constituted to facilitate entrepreneurs in obtaining clearances from various departments / agencies for setting up industrial enterprises in the NCT of Delhi, was held under the Chairmanship of Secretary & Commissioner (Industries), Government of NCT of Delhi on 5th May, 2010 at 11.00 a.m. in the Conference Room of Chairman-cum-Managing Director – DSIIDC at N-36, Bombay Life Building, Connaught Place, New Delhi. The list of members/participants who attended the aforementioned meeting is placed at Annexure – I.

At the outset, Chairman welcomed the members and other participants to the third meeting of the Business Facilitation Council. Thereafter, agenda points were discussed as per details given below:-

1.Review of Action Taken on the decisions taken in the 2nd meeting of the BFC

(1)MCD related issues

(a)Grant of Factory Licence at all floors and basement :

Administrative Officer (Factory Licensing – MCD) informed that report of sub-committee, constituted by the Standing Committee of MCD, regarding grant of factory licence to run manufacturing activities on all floors, including basement, was yet to be finalized. Chairman requested that MCD should get report of the sub- committee expedited. It was also decided that the matter may be discussed again in the next meeting of the BFC.

(Action: Administrative Officer – MCD)

(a)Approval of building plans :

Representative of MCD informed that Town Planning Department of MCD has requested DDA to provide development control norms in respect of DSIIDC built sheds. He also informed that Technical Committee – DDA is empowered to formulate Development Control Norms for industrial areas including DSIIDC built up sheds.. After detailed discussion, it was decided that the Building Department of MCD may provide copy of the letter sent to DDA by the Town Planning Department. It was also decided that concerned officer in the Town Planning Department should also be invited to attend the next meeting of the BFC.

(Action : Building Department – MCD)

(c)Grant of NOC / Licence under household category to Khadi & Village Industries :

Shri R.K.Gupta, Deputy Director, DKV&I Board raised the issue regarding delay in grant of NOC / Licence by the Factory Licensing Department of MCD to applicants intending to set up household industries for items covered under Khadi & Village Industries. The Chairman mentioned that meeting of the High Power Committee (HPC), constituted to consider applications for grant of NOC under household category, is convened on request of MCD. Representative of MCD informed that the said meeting could not be organized frequently for want of adequate number of applications. It was decided that the meeting of the HPC should be organized atleast once every month irrespective of the number of applications to be placed for consideration of the Committee. Deputy Director – DKVI Board was requested to coordinate with Factory Licensing Department of MCD for processing of applications received for grant of NOC / licence from entrepreneurs intending to set up household industries in the trades covered under Khadi & Village Industries.

(Action : Factory Licencing Deptt. of MCD and Deputy Director – DKV&I Board)

(d)Approval of building plans in respect of industrial plots allotted under the Relocation Scheme :

Representative of the Building Department of MCD raised the issue regarding approval of building plans in respect of industrial plots allotted under the Relocation Scheme and invited attention of the members to the letter received from the DSIIDC stating that all allottees who were given NOC for construction of factory building upto August,2008 can directly approach MCD for getting their building plans approved before October, 2010. Representative of MCD sought clarification whether the allottees who had not been given NOC for construction of the factory building upto August, 2008 could also be considered for approval of building plans. GM – DSIIDC clarified that all the allottees who have not constructed their factory building may be considered for approval of building plans. It was also decided that necessary clarification in this regard shall also be sent to MCD. (Clarification sent subsequently)

(Action : GM – DSIIDC)

(2)DPCC related issues

(a)Consent to operate

Representative of DPCC informed that the DPCC has already started disposing all the fresh applications received with effect from 12th August, 2009 within the period of 120 days as stipulated in the Environment Laws provided such applications are complete in all respect.

Representative of DPCC further informed that the DPCC accepts single application for grant of consent to establish / operate under Air & Water Acts. There is no provision of deemed consent under the Water Act whereas such a provision exists in the Air Act and as such there is no system of formal issue of deemed consent where consent to establish / operate has not been issued within the maximum stipulated period. After detailed discussion, it was decided that units whose consent applications have not been decided by the DPCC can apply for renewal of consent for the subsequent periods.

(Action : DPCC)

(b)Issue of Acknowledgement Number in terms of MSMED Act, 2006

The matter regarding grant of Acknowledgement Number in terms of MSMED Act, 2006 without insisting for renewal of consent to operate was again discussed. The representative of the DPCC informed that requisite clarification regarding the provisions of the Act alongwith activities listed in Green / Orange categories had already been sent to the Industries Department. He also stated that as most of the service enterprises do not come within the ambit of Pollution Control Acts, such enterprises do not require consent under the Air / Water Act.

(Action : Industries Department)

(c)Review of negative list of industries

Representative of DPCC informed that the matter pertains to the Union Ministry of Urban Development and DDA. However, the DPCC would provide comments / technical inputs if any specific case is referred to them.

Chairman informed that the report of IIT regarding functioning of stainless steel industrial units engaged in the activity of pickling had been discussed in a meeting convened by him wherein DPCC was requested to offer its comments on the said report. Representative of DPCC was requested to expedite the desired comments.

(Action : DPCC)

(d) Allotment of land for developmentof site for disposal of hazardous waste

Chairman requested representative of DPCC to expedite response to the letter from Commissioner of Industries regarding the quantum of land required for development of site for disposal of hazardous waste.

(Action : DPCC)

(e)Functioning of CETPs

It was reiterated that the CETP societies / associations of industries would be involved before any final view is taken on the recommendations of the Shriram Institute for Industrial Research regarding measures to improve functioning of CETPs in the industrial areas of Delhi.

(Action : Industries Department)

(f)Closure of polluting industries and industries covered under negative list

Chairman observed that Action Plan for closure of polluting industries and the industries covered under negative list of MPD – 2021 is to be prepared by the DPCC, if needed by DPCC, and closure action required, if any, is also to be taken by the DPCC.

(Action : DPCC)

(3)DDA related issues

(a)Redevelopment of planned / unplanned industrial areas in Delhi

Representative of DDA informed that guidelines for redevelopment of planned / unplanned industrial areas formulated by the DDA had already been sent to the Government of India, Ministry of Urban Development for approval . Chairman desired to know whether provision for ‘Transfer of Development Rights’ (TDRs) have been incorporated in the draft guidelines formulated by the DDA. Representative of DDA informed that he would ascertain the position and inform the BFC in the next meeting.

(Action : DDA)

(b)Maximum number of workers allowed in industrial areas .

Representative of Apex Chamber of Commerce pointed out that under para 7.3 of MPD – 2021, the maximum number of workers in industrial use premises where plotted development is there has been mentioned as “as per need” whereas para 7.8 puts a limit of 50 workers in such areas. Chairman desired that the Chamber should give a self-contained note on the subject for examination and taking up the matter with DDA and Government of India.

2.Grant of consent to operate to industrial units in non-conforming industrial clusters notified for redevelopment

The issue regarding grant of consent to industrial units functioning in non-conforming industrial clusters notified for redevelopment was also discussed. The representative of the DPCC informed that DPCC had stopped issuing consents in Anand Parbat, Samaipur and North of GT Road, Shahdara Industrial areas as they reappeared in the list of non-conforming clusters of industrial concentration notified for redevelopment as per MPD – 2021. He further informed that DDA has furnished clarification regarding functioning of units covered under ‘public utility’ as per MPD – 2021 and engaged in the processing and treatment of hazardous waste and also renewal / grant of licences to the existing industrial units operating in areas of industrial concentration notified by the Government of NCT of Delhi.

Copy of the note containing the aforementioned clarifications submitted by the representative of the DPCC during the meeting is placed at Annexure – II.

(Action : DPCC)

3.Measures to improve ranking of NCT of Delhi as business destination in India

Members took note of the measures taken to improve ranking of NCT of Delhi as business destination in India. Members were also requested to suggest measures to further improve the ranking.

4.Meetings of the BFC

It was decided that meetings of the BFC shall be held on every 1st Tuesday of the month. In case the first Tuesday of the month happens to be a holiday, it would be held on the next working day of the month.

Meeting ended with a vote of thanks to the Chair.