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Incentive Schemes
Sl. No. Description
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SHORT TITLE
This Scheme may be called 'The West Bengal State Support for Industries Scheme, 2008' (hereinafter referred to as the WBSSIS-2008) for Industrial Projects of large and medium-scale units (hereinafter referred to as Units) to be set up in the State
COMMENCEMENT AND DURATION
Unless specifically mentioned against the respective items of incentives sanctioned under the WBSSIS-2008, it shall come into effect on and from the 1st day of April 2008 in the whole of West Bengal and shall remain valid for the period ending on the 31st March 2013.
DEFINITIONS
Unless it is repugnant to the context, in the WBSSIS-2008,
3.1 "Approved Industrial Complex" means any industrial complex set up in the public or private sector in the State approved by the State or the Central Government;
3.2 "Approved Location" means any industrial complex set up in the public or private sector in the State approved by the State or the Central Government;
3.3 "Approved Project" means the industrial project of a unit for which registration certificate has been issued under the WBSSIS-2008;
3.4 "Authorized Agent" means the WBIDC, an agent specially authorized by the State Government, for operation 12 of the WBSSIS-2008 in respect of large and medium scale industries;
3.5 "Category of Industries" means and includes the units with investment in 'fixed capital' of different scales as noted hereunder, e.g.
Scale-1: Fixed Capital Investment of Rs 5 Cr and up to Rs 50 Cr.
Scale-2: Fixed Capital Investment of above Rs 50 Cr and up to Rs 500 Cr.
Scale-3: Fixed Capital Investment of above Rs 500 Cr and up to Rs 1000 Cr.
Scale-4: Fixed Capital Investment of above Rs 1000 Cr and up to Rs 5000 Cr

A unit, however, shall be treated in a particular scale according to the amount of initial investment and will graduate to next higher scale from the date on which actual investment in fixed capital crosses the threshold investment limit prescribed for that scale;
3.6

"Director of Industries" hereinafter referred to as DI, means the Director of Industries, West Bengal;

3.7

"Eligible Unit" means a unit in the large and medium scale sector set up for the purpose of manufacture of goods, having registration certificate issued by the Director of Industries;

3.8

"Existing Industrial Unit" means a unit in the large/medium scale sector that exists in West Bengal and had started commercial production of goods in such unit, before this scheme came into effect, and applied for registration with the DI before commencement of this scheme;

3.9 "Factory" means any premises including the precincts thereof -
3.9.1 Wherein ten or more workers are working or were working in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on; or
3.9.2 Wherein twenty or more workers are working or were working on any of the preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on but does not include a mine, subject to the operation of the Mines Act, 1952 (35 of 1952) or a Railways running-shed;
3.10 "Factory Workers" mean persons employed, directly or through any agency, whether for wages or not, in any manufacturing process for cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process;
3.11 "Financial Institution" hereinafter referred to as FI shall mean the "State Financial Institutions" and include Commercial Banks, Nationalized Banks and Financial Institutions constituted under the Acts of Parliament;
3.12

"Fixed Capital Investment" hereinafter referred to as FCI, means investment made in plant and machinery and also equipment installed for pollution control measures of the approved project by the eligible unit made after the date of obtaining the Registration Certificate in Part-I. While making calculation of "Fixed Capital Investment", investment made only on Plant & Machinery, as indicated below shall qualify:

3.12.1

Cost of plant & machinery/equipment including the cost of productive equipment such as jigs,dies, moulds, etc required directly for the purpose of manufacture of goods and erected at the approved location;

3.12.2

Cost of equipment pertaining to pollution control measures;

3.12.3

Cost of second hand plant & machinery required directly for the purpose of manufacture as also cost of equipment pertaining to pollution control measures as above, when imported from outside India by the unit itself and not previously used in any State in India;

3.12.4
Cost of plant & machinery required directly for the purpose of manufacture will include the cost of erection/installation of plant & machinery, cost of electrical accessories inside the plant and cost of generator set required directly for the purpose of manufacturing:

Provided that, cost of any second hand plant & machinery required directly for the purpose of manufacture and equipment installed for pollution control measures which are purchased from any place in India as well as cost towards purchase of land & development of such land; construction of approach road, building, water supply, sanitation, drainage & sewerage, Railway siding and infrastructure for drawing power connection upto the plant from the feeder of any electricity distribution company, consultancy fees and any item other than that not specifically indicated in the scheme shall not form a part of fixed capital investment and therefore, shall not be taken into account for calculating the Fixed Capital Investment;
3.12.5

Advances paid to the suppliers of plant and machinery for the approved project of the eligible unit on or after the 1st April 2007;

3.13

"Incentive" shall mean financial support to be given to the industrial units in this scheme and shall include subsidies , waiver of duties and "Industrial Promotion Assistance";

3.14

"Large Scale Unit" means a unit as defined by the Government of India from time to time;

3.15

"Medium Scale Unit" means a unit as defined by the Govt. of India from time to time;

3.16 "New Unit" means,
 
3.16.1

A unit in the large/medium scale sector established and commissioned for the manufacture of goods in West Bengal for the first time and registered with the Director of Industries upon commencement of this scheme;

3.16.2

Expansion in a new location, of an existing unit already registered under a previous incentive scheme for the same or a different product;

3.16.3

Expansion for a new product in the same location, of an existing unit already registered under a previous scheme;

3.16.4

Expansion of production of a unit already registered with the DI under a previous incentive scheme, for production of same product(s), provided the duration of the admissible incentives under the respective Scheme is over;

3.17

"Negative list of industries" means the list of industries shown at Annexure-I hereto as may be amended by the State Government from time to time;

3.18

"Para" and "Sub-para" mean paragraph and sub-paragraph of this scheme;

3.19

"Registration Certificate", hereinafter referred to as RC, means a certificate issued by the DI clarifying, inter alia, the types of statutory clearance that the unit obtained, type and quantum of goods the unit is permitted to manufacture, the types of incentive the unit is allowed to enjoy, nature and amount of investment made in fixed capital, etc;

3.20 "Special Economic Zone" means an area notified as such by the Government of India;
3.21

"State Financial Institutions" mean and include the WBIDC, the WBFC and the West Bengal Sate Co-Operative Bank;

3.22
"Unit" means any industrial unit in large & medium scale sectors for the manufacture of goods as defined under 'manufacture' in the NIC Classification 1987 as amended from time to time, having approval in the form of letter of intent, industrial licence or registration certificate, as the case may be, under the Industries (Development and Regulation) Act, 1951 (65 of 1951) or an acknowledgement in the form of Secretariat for Industrial Assistance reference number from Central/State Government excluding those mentioned in the negative list of industries at Annexure-I of WBSSIS-2008, in the private, co-operative & joint sectors as also companies/ undertakings owned or managed by the State & the Central Governments.
3.23

"WBFC" means the West Bengal Financial Corporation;

3.24

"WBIDC" means the West Bengal Industrial Development Corporation Limited;

3.25 "Year" means, unless otherwise specifically stated and not repugnant to the context, the financial year commencing from the 1st April and ending on the 31st March following
APPLICABILITY OF THE WBSSIS-2008
Unless otherwise mentioned specifically, the WBSSIS-2008 shall normally be applicable to
4.1

All large and medium scale units to be set up in the state of West Bengal upon commencement of this scheme and also 'expansion of existing units';

4.2

All units that are not yet registered with the DI under any other incentive scheme of this government;

4.3
Irrespective of the date of issue of the RC, an eligible unit shall be entitled to the benefits of this scheme with effect from the date of having obtained all kinds of statutory clearance including 'consent to operate' from the Pollution Control Board/Authority, mutation and conversion of the character of land; and shall not be entitled to any benefit of WBSSIS-2008 for the period intercepted between the date of commercial
production and that of obtaining the last statutory clearance.
NON-APPLICABILITY OF THE WBSSIS-2008

The WBSSIS-2008 shall not be applicable to:

5.1
Those units that have been registered for and have been sanctioned incentives under any previous scheme. These will continue to be governed by the provisions of the registration and sanctions already issued under the respective schemes, provided the units which have been registered and for which eligibility certificate has been issued in terms of the WBIS-2004, but no disbursement of incentive has been made, may opt for registration under the WBSSIS-2008 if the projects otherwise fulfill the terms and conditions of this scheme.
5.2
A unit remaining closed for whatsoever reasons for a period covering more than continuous twelve months, provided the unit shall be entitled to the benefits of WBSSIS-2008 after it is reopened and on the merit of the case to be certified by the Public Enterprise & Industrial Reconstruction department of this Government and RC having been issued afresh;
5.3
A unit in respect of the period covered under closure for whatsoever reasons for less than continuous twelve months, provided the terms and conditions of the order of the BIFR or the court, as the case may be, shall apply if the unit is re-opened on the basis of any order of the BIFR or any Court of Law
5.4 Eligible units having obtained RC in Part-I shall have to complete investment in the unit for obtaining RC in Part-II as per time period, counted from the date of issuing RC in Part-I, as specified below:
Scale of Investment Time Limit
Scale- 1 & 2 2 years
Scale-3 3 years
Scale-4 4 years
Else, this scheme will not be applicable to the unit, provided the unit shall have the option to register de novo under any successor scheme operative at that point of time;
5.5 Industries listed in the negative list of industries as indicated in Annexure-I.
ELIGIBILITY CRITERIA FOR INCENTIVES UNDER THE WBSSIS-2008
6.1

A unit in the large and medium scale sector to which this scheme applies, shall be eligible for securing a RC: Provided that

6.1.1

The project is covered by a detailed feasibility report/project report prepared for the purpose;

6.1.2

The project has been approved and sanctioned by any FI;

6.1.3

While in the case of projects with arrangement of finance from own resources, issue of RC shall be considered only if the WBIDC is satisfied with the arrangement and recommends issuing RC.

PROCEDURE FOR OBTAINING "REGISTRATION CERTIFICATE" (RC) AND CANCELLATION THEREOF
7.1
A unit having obtained the IEM shall be required to submit application in Form No-1 accompanied by requisite fees to the DI for registration of the unit for being qualified for the incentives under the WBSSIS- 2008. Upon receipt of such application, the DI shall cause an enquiry if considered necessary and upon being satisfied with the information furnished by the unit he shall issue RC in Part-I. Part-I of the RC shall contain, inter alia, information as to the estimated amount of FCI, approved capacity of production of individual item of finished goods, expected date of commencement of commercial production as would be indicated by the unit in line with other provisions of the WBSSIS-2008, types of statutory clearance obtained by the unit, and the period of validity of the certificate.
7.2
The unit shall be required to submit application in Form-No. 1A to the DI for RC, Part-II at least one month ahead of commencement of commercial production and the application shall have to be supported with authentic documents/certificates on actual investment in fixed capital on the date of application, estimated quantum of production of each individual item of finished goods and balance sheet of the unit for the preceding three years duly certified by any Chartered Accountant Firm, and such other documents as are considered necessary by the DI.
7.3
Upon receipt of such application the DI shall obtain the views of the WBIDC and after such enquiry as is considered necessary shall issue Final RC in part-II within 45 days stating therein the approved capacity of production of each item of finished goods, actual FCI made by the unit, scale and eligibility period for each item of incentives, period of validity of the certificate and other terms and conditions as would be considered appropriate.
7.4 RC, Part-II shall stand revoked if the unit fails to start commercial production and report it in writing to the DI within the period prescribed in this scheme;
7.5

Notwithstanding anything contained in the scheme, the DI shall have the authority to revoke the RC,

 
7.5.1

If at any stage it is found on enquiry that the particulars furnished by the unit are incorrect or false; and the unit concerned shall remain liable to refund the incentives enjoyed earlier and will be disqualified for enjoying further benefits of this scheme upon revocation of RC;

7.5.2

If a unit remains closed for whatsoever reasons for a period covering more than continuous twelve months:

Provided that the unit concerned shall have to be offered an opportunity of being heard before revocation of RC, and de novo registration may be considered only on the merit of individual case.

CLASSIFICATION OF AREAS
8.1 For the purpose of determination of types and quantum of incentive available under this Scheme for the approved projects, according to their location, the districts/areas in the state shall be classified in the following groups:-

Group A - Kolkata Municipal Corporation, Bidhannagar Municipality and Nabadiganta Industrial Township.

Group B - North 24 Parganas (excluding the area under the jurisdiction of Bidhannagar Municipality and Nabadiganta Industrial Township), South 24 Parganas (excluding the area under the jurisdiction of the Kolkata Municipal Corporation), Howrah, Hooghly, Burdwan, Nadia and Purba Medinipur districts.

Group C - Murshidabad, Birbhum, Purulia, Bankura, Malda, Coochbehar, Uttar Dinajpur, Dakshin Dinajpur, Jalpaiguri, Darjeeling and Paschim Medinipur districts.
8.2 No incentive will be granted to any unit set up in the area under Group A except to the extent provided in this Scheme.
ELIGIBLE INCENTIVES FOR INVESTMENT UNDER SCALE-1
9.1 Fixed Capital Investment Subsidy [FCIS]: An eligible unit with investment under scale 1 will be entitled to the FCIS as per the standard set out below,
Incentive Area/Group Percentage of subsidy
Incentive as percentage of FCI B 12
C 15
Financial Cap in Rs lakh B 350
C 450
9.1.1

Units with investment under any other scale shall not be entitled to this FCIS.

9.1.2

No change in the 'Fixed Capital Investment' for any unit registered under any of the previous incentive schemes or WBSSIS-2008 shall be allowed without the concurrence of the State Government.

9.2 Interest Subsidy
9.2.1

Subject to the provisions of WBSSIS-2008 an eligible unit with investment under scale-1, for its approved project will be entitled to Interest Subsidy to the extent of 25% of the annual interest liability on the term loan borrowed from an FI for implementation of the approved project, subject to a limit of Rs.150.00 lakh per year depending on the location of the unit as follows:

Group 'B' area: 5 years
Group 'C' area: 7 years.

9.2.2

The Interest Subsidy will be payable annually subject to submission of a statement / certificate by the FI to prove that the unit paid the interest in full to the FI within the due dates; and the interest paid only on the term loan for investment on plant and machinery shall be qualified for this purpose and that for purchasing any second hand plant and machinery and equipment for pollution control measures installed under the hire purchase agreement shall not qualify for being considered under the amount of interest subsidy.

9.2.3 Units with investment under any other scale shall not be entitled to this Interest subsidy.
9.2.4 Any additional interest on delayed payment of the principal amount shall not come under the purview of interest subsidy.
9.3 Waiver of Electricity Duty
An eligible unit with investment under scale-1 for the approved project will be entitled to waiver of electricity duty on the electricity consumed for its production activity for a period of 5 years from the date of commencement of commercial production; provided the unit has obtained all kinds of statutory clearance; provided, no such benefit will be granted to any unit set up in the area under Group-A except to the extent
provided in this Scheme.
9.4 Additional Incentive on Generation of Employment
 
9.4.1

The units will be entitled to reimbursement of the undernoted expenditure incurred by it if at least 50% of the employees in the unit are recruited from amongst the persons registered with the Employment Exchanges of the State and Employment Exchange registration cards (original or attested photocopies) are produced at the time of claiming this incentive. 'Employee' will have the same meaning as defined under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees' State Insurance Act, 1948.

9.4.2

Subject to condition as at Para 9.4.1 an eligible unit in the large sector will be entitled to reimbursement to the extent of 50% of the expenditure incurred by it for paying its contribution towards Employees State Insurance (ESI) and Employees Provident Fund (EPF) depending on the location of the unit as follows:

Group 'B' area : 5 years;
Group 'C' area : 7 years.

9.4.3 However, any eligible unit in the large scale sector with direct employment generation of 200 and more will be entitled to get reimbursement to the extent of 60% of the expenditure by it for paying its contribution towards Employees State Insurance (ESI) and Employees Provident Fund (EPF) in respect of its employees.
9.4.4 The reimbursement of the expenditure prescribed above will be payable annually based on minimum statutory limit and subject to the condition that the unit has paid its contribution towards ESI & EPF on due dates.
ELIGIBLE INCENTIVES FOR INVESTMENT UNDER SCALE-2, 3 & 4
10
10..1

Industrial Promotion Assistance (IPA)

Industrial units falling in the scales of 2, 3 & 4 will be granted Industrial Promotion Assistance (IPA). The total IPA (TIPA) for which an industrial unit would be eligible shall be equivalent to certain percentage of the Value Added Tax (VAT) paid by the unit in the previous year. The percentages proposed for units with different scales of investment are:

Scale 2: 70%, Scale 3: 75%, Scale 4: 80%,

10.1.1

The TIPA admissible to an industrial unit will be broken up into two components, with equal weightage of 50% of TIPA to each, i.e.

IPA against Fixed Capital Investment, called Capital IPA (CIPA), and
IPA against employment creation, called Employment IPA (EIPA).

10.1.2 CIPA will be disbursed to an eligible project for the number of years indicated below, or till 50% of FCI is reached, whichever is earlier:

Scale 2 : 8 years
Scale 3 : 10 years
Scale 4 : 12 years
10.1.3
As far as EIPA is concerned, the entitlement of the unit shall be assessed on the basis of employment created by the unit after having verified the statement of monthly contribution towards EPF for the employees in Form No. 12 under the provisions of Paragraph 38(2) of the Employees' Provident Funds Scheme, 1952. Monthly average of the number of employees as reported in Form-12 for the 12 months in the year will be taken as the parameter for employment creation and EIPA will be extended only to the extent the employment for the persons belonging to the State of West Bengal are created.
10.1.4
In order to ascertain the residential status of the employee, the unit shall be required to submit photocopies of Electoral Photo Identity Card (EPIC), issued by the appropriate registering authorities within the state of West Bengal and a list showing residential address of all the employees. The List of employees in Form No 12 as indicated above shall contain the EPIC Number against the respective name of employee. Such documents shall be required to be furnished every time it submits claim in regard to EIPA.
10.1.5 EIPA would be released on an ascending scale, depending on the volume of local employment creation as per the following 5 slabs:
 
Size of employment for investment of every Crore of Rupees Percentage of EIPA to be released
<2 Nil
2-4 60%
5-8 80%
9-12 90%
>12 100%
  Explanation : Local employment shall mean that the person is ordinarily a resident of West Bengal and holds an EPIC issued by the appropriate registering authorities within the state of West Bengal.
10.1.6 EIPA can be availed by the unit upto 50% of the FCI or 15 years from the date of commencement of Commercial Production, whichever is reached earlier.
10.1.7 Units under the "Heavy Investment Category" shall be entitled to the IPA as provided in the scheme.
10.2 No benefit of IPA will be granted to any unit set up in the area under Group A except to the extent provided in this Scheme.
ADDITIONAL INCENTIVE FOR CERTAIN SECTORS
New units in the area of Electronics, Agro and Food Processing Industry, HPL Downstream Projects, Newspaper Industry, Bio-Technology, Jute Diversification, Agricultural implements, Power generation by using non-conventional energy sources including municipal solid waste, Solar energy, Gas based fuel plants and distribution pipelines, Pollution Control Equipment, Export oriented Jewellery units, Sports-goods and accessories, cost-effective Building Materials, Cardboard and Jute based packaging industry including corrugated boxes and Hosiery goods located in Group A area shall be eligible to the same incentives as are normally admissible to a new unit located in Group B area. Any benefit enjoyed by the unit from any other department of the State/Central Government shall, however be adjusted. In case of any doubt as to their entitlement, clarifications from the respective department(s) of this Government shall be final.
Explanation I : Agro and Food Processing Industries will include the manufacturing activities in the large and medium scale sectors as detailed in Annexure-II. In case of any doubt or clarification about any item or manufacturer the matter should be referred to the Director of Food Processing Industries & Horticulture, Government of West Bengal, whose decision shall be final.
Explanation II : Agro and Food Processing Industry should be de-coded by the Director of Industries on examination of raw materials input of the proposed activities. It can be defined on examination of the activities together with scrutiny where IEM Acknowledgement of the Article bears NIC code no. relating to agro and food products.
Explanation III : Bio-Technology: The Director of Industries should examine the activities together with the scrutiny where IEM Acknowledgement of the Article bears NIC code no. relating to bio-technology. Clarification, if required, with regard to Bio-Technology will be taken from the Department of Science and Technology or Bio-Technology, Government of West Bengal.
Explanation IV : Haldia Petrochemicals Ltd. (HPL) Downstream Projects: A project will be specified as HPL Downstream only on the basis of a certificate issued to this effect by HPL, based on long-term supply contract or MOU.
Explanation V : Agricultural implements will mean the item as detailed in Annexure-III. In case of any doubt, clarification with regard to identification of agricultural implements will be taken from the Director of Agriculture,Government of West Bengal.
Explanation VI : Diversified jute products will mean the items as detailed in Annexure-IV. Clarification in this regard if required will be taken from the Jute Development Commissioner, concerned.
Explanation VII : For any clarification as to the entitlement of any unit to the incentives as admissible in the WBSSIS-2008 regarding generation of power by using non-conventional energy sources, solar energy, etc the matter would be referred to the department of Power & Non-Conventional Energy Sources of this Government and their decision shall be final.
INCENTIVES FOR LEATHER UNITS BOTH IN THE TANNING AND MANUFACTURING SECTORS ON RELOCATION ACCOMPANIED WITH MODERNIZATION:
12
12.1

Leather units, both in the tanning and manufacturing sectors, to be relocated in the Calcutta Leather Complex will be entitled to FCIS upon commencement of commercial production if relocation is accompanied with modernization. The quantum of subsidy will be 15% of fresh investment in plant and machinery, subject to maximum of Rs.250.00 lakh in case of medium & large scale units. All tanneries in the medium and large scale sectors of Kolkata falling within the jurisdiction of Topsia, Tangra, Tiljala Police Stations under Kolkata Police and Karaya Police Station under the South 24 Parganas district, required to be shifted and relocated to the Calcutta Leather Complex should be registered with the DI. The relocated tanneries will also be eligible for additional incentive under para 17.1 of the West Bengal Incentive Scheme- 2000 and subject to the directions of the Hon'ble Supreme Court of India.

12.2

Other industrial units on their relocation to approved industrial complex, if such relocation is accompanied with modernization, may be considered by the State Government for extending similar benefits as prescribed for units mentioned at sub-para 12.1 above, on merit of each case.

 
 
 
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