Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Jharkhand - Section

Section 55 in Jharkhand Industrial Area Development Authority Regulations, 2016

55.

% of allotment price, in case of surrender within three years from date of allotment of land.The aforementioned payment by Authority shall be released only after peaceful surrender of full or partial land (unutilized land) by the allottee/lessee. However, no request for surrender shall be accepted by the Authority beyond three years of allotment of land. In such cases Authority shall cancel the allotment order, terminate the lease deed and forfeit the lease premium and take possession by observing the principles of natural justice.ii. The application for surrender of allotted plot shall be disposed with 60 days from the date of submission of application to the Authority.iii. No entrepreneur shall be entitled to sublease or hand over physical possession of the industrial plot allotted to him by the Authority, either upon cancellation or upon surrender, to any person or any organization except to the Authority.iv. In the event of any entrepreneur handing over physical possession of industrial plot allotted to it/him, to any other person or entity without having being authorized by the Authority, the Authority shall treat possession of that person or entity as unauthorized and take recourse for recovery of possession including invoking the provisions of Public Premises (Eviction and Unauthorized Occupants) Act, 1971 for recovery of possession. Original allottee shall be liable to pay irregularity charges @Rs. 5.00 (Rupees five) per sq. ft. per month to Jharkhand Industrial Area Development Authority besides initiation of cancellation proceeding.v. In the event of the allottee either not utilizing or under-utilizing the land for the purpose for which it was allotted, shall make himself/itself liable for cancellation of allotment in case of not utilizing the land for the purpose for which it was allotted. In the event of under-utilizing the land, action shall be initiated for cancellation of under/unutilized portion of land in accordance with the principles of natural justice. In reply to the show cause, if the allottee gives undertaking with time frame to utilize the unutilized portion of land, then in the event of violation of undertaking, the allottee shall be liable for non-action charges @ Rs. 10=00 per sq. ft. per month. Even after imposition of non-action charges, if the allottee fails to abide by the undertaking, the concerned portion of the plot shall be cancelled by observing the principles of natural justice and action shall be taken for recovery of non-action charges under Public Demand Recovery Act and Rules framed there under.vi. If an allottee continues to be in possession of the cancelled plot and carry out any activity either alone or with cooperation of somebody else, possession by such allottee shall be treated unauthorized for which he/it shall be liable for penalty @ Rs. 15=00 per sq. ft. per month until he/it hands over vacant possession of the allotted plot to the Authority or the Authority recovers possession by invoking the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971.vii. No allottee shall be permitted to use the allotted plot for any other purpose including residential or any other commercial activities, than for which the plot has been allotted. Violation of this condition shall be treated as violation of this regulation; conditions of allotment and lease deed and entail cancellation of plot.