Draft law for ensuring one-stop service ready
Doulot Akter Mala | Sunday, 16 April 2017
A maiden law on one-stop service to investors is ready for government approval with provisions for the state-owned entities to deliver investment-related support in a time-bound way.
The draft law is expected to be placed before the cabinet tomorrow (Monday) for its seal of approval, officials said.
Under the law, four relevant service providers -- Bangladesh Economic Zones Authority (BEZA), Bangladesh Investment Development Authority (BIDA), Bangladesh Export Processing Zones Authority (BEPZA) and Bangladesh High-tech Park Authority -- have been authorised to cater necessary services to investors.
Titled one-stop-service authorities (OSSA), the government entities will have to extend all-out support to entrepreneurs and investors in matters like getting licence, approval, permit, incentives or other facilities.
According to the draft, the OSS law can supersede some of the provisions of any other laws on implementation or operation of local and foreign investment, project or initiatives.
The provisions relate to providing services, incentives under other law, licences, permit, approval, clearance by any authority or organisation or any other services.
If any inconsistency is found between two laws on providing any kind of services, incentives, licences, approval, permit, clearance to the investors, conflicting part of that law would be considered inactive and OSS will override.
The OSS also provides for punitive measures in case of reluctance or noncompliance with the rules of the law. If the authority concerned fails to dispose of application of the investors in the given timeframe or shows reluctance citing example of another law, it would be considered "misconduct" under the government service rule.
However, criminal proceedings against government officials cannot be initiated at the time of discharging duties under the law.
OSSA will be formed with representatives of the relevant organisations and in a specific process under the leadership of chief executive officer (CEO) of the respective entities.
There will be focal point in the organisations for facilitating service delivery. Regional OSS centre comprising the focal points of the OSSA can also be set up.
Investors will have to apply to the OSSA in a prescribed way for getting services. They can, officially or unofficially, share investment plans with the members of OSSA before applying.
However, the investors won't be required to submit separate application for obtaining licence, approval, permit, clearance or incentives excepting to OSSA or regional centre. But all of the required documents should be submitted to the OSSA.
Under the OSS law, a committee titled 'One-stop Service Ensuring Committee' will be formed through gazette notification for supervising activity in such investment processing.
Central and regional OSS centres have some legal obligations under the OSS law. A regional centre will submit a quarterly performance report to the central committee. The central body will submit a half-yearly performance report to government.
The government will assess performance of the OSSA and take necessary steps accordingly.
The schedule can be amended, if necessary.
China, India and Vietnam are providing OSS to the investors online. India enacted enterprise single-window clearance act to attract investment in to its different states and provide investment assistance.
In the fourth governing-body meeting of BEZA, the authority placed BEZA (OSS) Act 2016. But, later the Prime Minister instructed framing a policy for all other similar types of organisations. Following recommendation of BEZA, the draft of the OSS law was prepared.
On January 5, 2017, the draft OSS law was approved by the BEZA governing body in its meeting.
BEZA executive chairman (secretary) Paban Chowdhury said the law would encourage investment and motivate local service-providing authorities in catering prompt services.
"Once it is approved, it would bring positive impact on investment scenario of the country," he added.
BEZA has already started providing many of the OSS facilities to the investors but there are some issues that need legal support.
The OSS law will smooth the path for the service-providing entities, he added.
doulot_akter@yahoo.com