Section 6 in The Bihar Industrial Area Development Authority Act, 1974
6. General duties and powers of the Authority.
(1)Subject to the provisions of this Act. the Authority shall be responsible for the planned development of the Industrial Areas (including preparation of the Master Plan of the area) and promotion of industries in the area and other amenities incidental thereto.(1a)[ The Authority shall be the implementation agency for industrial planning of industrial area as mentioned in Section 4A.] [Added by Bihar Act No. 7 of 2018, dated 4.6.2018.](2)The Authority shall be responsible for planning, development and maintenance of the Industrial Area and amenities thereto and allotment of land, [or factory shed or building or parts of buildings] [Inserted by Bihar Act No. 7 of 2018, dated 4.6.2018.] execution of lease [Modification] [Inserted by Bihar Act No. 7 of 2018, dated 4.6.2018.] and cancellation of such allotment or lease, realisation of fees, rent charges and matters connected thereto.(a)In case necessary effective steps are not taken within the fixed period to establish the industry, [or all dues, rent, charges of the Authority have not been paid within time or unregistered product is manufactured or any construction contrary to the approved plan has been carried out or an activity injurious to industries has been engaged into] [Inserted by Bihar Act No. 7 of 2018, dated 4.6.2018.] the authority shall in such condition, cancel the allotment of allotted plot/shed and also forfeit the amount deposited in this connection. The authority shall, before cancelling the allotment allow one month time to the allottee to put up his case. The allottee on being dissatisfied with the order of the Authority may file an appeal to the State Government within one month and the State Government shall, after due consideration dispose it of within two months from the date of receipt of the appeal.(b)The authority shall, after cancellation of allotment of the plot/shed take possession of the said plot/shed.(c)[ The Authority shall regularly identify unutilized buildable area in each plot with regard to the building regulations. The Authority shall issue notices to the plot holders in the Industrial Area calling upon them to furnish details in a prescribed form. Upon the submission of the report if the Authority is satisfied that the plot holder has not utilized the maximum buildable area of his plot even after 3 (three) years or any other period notified by the State Government, from the date of taking over the possession for the purpose for which the land was allotted, the unutilized portion shall be cancelled for accommodating another industry. The portion of the plot that is not being utilized by an allottee/ lessee be demarcated and taken over by the Authority for accommodating a new allottee/lessee. [Inserted by Bihar Act No. 7 of 2018, dated 4.6.2018.](d)Commencement of business on allotted plot or area: No person shall commence business until an Occupation Certificate is issued by the Authority after implementation of Detailed Project Report filed by the allottee, and in accordance with the Development Control Regulations of the Authority. The Authority shall permit any deviations in the Detailed Project Report, provided such deviations shall be intimated and approved by the Authority before any such deviation implementation has commenced on the plot.](3)The State Government may from time to time entrust the Authority with any other work that is connected with planned development, or maintenance of the Industrial Area and its amenities and matters connected thereto.(3a)[ Authority may formulate Allotment Policy, Transfer Policy, Exit Policy, Cancellation Policy or such other Policy for better management of Industrial Area.] [Inserted by Bihar Act No. 7 of 2018, dated 4.6.2018.](4)[(a) The Managing Director of the Authority shall have the powers of the Collector under section 2 (1) of the Bihar Public Land Encroachment Act, 1956, for purposes of removal of encroachment on road, houses, gullies, any land in the development areas and properties of the Authority.(b)Any person who encroaches upon road, houses, gullies, any land in the development areas and properties of the Authority or continues to possess or squat upon the cancelled plot or a portion of the plot shall be treated as encroacher and the Authority shall take necessary action in terms of this Act.](5)The State Government may, by notification in the Official Gazette, vest the Authority or the Chairman or the Managing Director with powers under any other Act for planning development and maintenance of civil amenities like housing and schools and vacation of encroachment, etc. that are exercisable by any local authority or statutory body or State Agency under any law for the time being in force in this regard.(6)Where, in the opinion of the Authority, as a consequence of any development having been executed by the Authority in any development area, the value of any property in that area which has been benefited by the development has increased, the Authority may, with the prior approval of the State Government, levy upon the owners of the property or any person having interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:Provided that no betterment charge shall be levied in respect of lands owned by the State or the Central Government.(7)Such betterment charge shall be an amount, in respect of any property situated in a development area, equal to one-third of the amount by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of building exceeds the value of the property prior to such execution estimated in like manner.(8)The Authority may in addition to the grants, loans, advances or subsidies that may be received from the State Government also borrow from any source, with the prior approval of the State Government.(9)[ The Authority may form an Industrial Area Management Committee for effectively managing the Industrial area.(10)The Authority shall have powers: - (a) to acquire and hold such property, both movable and immovable as the Authority may deem necessary for the performance of any of its activities;(b)to purchase by agreement or take on lease or rent or under any form of tenancy any property as per prescribed rules, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions.]
