65B. [ Use of certain lands for bona fide industrial purpose. [Section 65B was inserted by Gujarat 6 of 1997, section 3 (w.r.e.f. 24-12-1996).]
(1)Notwithstanding anything contained in section 65 or 65A, where-(a)any land used or held for the purpose of agriculture or, as the case may be, for any non-agricultural purpose not being an industrial purpose is,-(i)designated for the use of industrial purpose in the draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976); or(ii)situated in the area where no plan or scheme referred to in subclause (i) is in force and is designated by the State Government, by notification in the Official Gazette, for the use of such industrial purpose as may be specified therein, having regard to such factors as may be prescribed by rules made under this Act in this behalf:Provided that nothing in this sub-clause shall render invalid the use of land for a bonafide industrial purpose in pursuance of the provisions of the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996 (Gujarat Ordinance 20 of 1996), during the period when the said Ordinance was in force notwithstanding that the said land is not designated for such use under this Act, and(b)the occupant of such land wishes to use such land or part thereof-(I)for a bonafide industrial purpose other than the purpose of manufacture or storage of any chemical or petrochemical,it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, namely:-(a)the occupant has a clear title to such land,(b)such land or part thereof,-(i)is not shown as reserved for a public purpose in draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976).(ii)is not notified for acquisition under the Land Acquisition Act, 1894 (I of 1984) or any other law for the time being in force.(iii)does not fall within the alignment of any road plan prepared by the State Government or the command area of any irrigation project;(iv)is not situated within thirty metres from the boundary of any land held for the purpose of railway by the Central Government or the Indian Railway Company Ltd., or(v)is not situated within fifteen metres of the high voltage transmission line;(vi)is not situated within five kilometres of the periphery of the area within the jurisdiction of any Area Development Authority or Urban Development Authority constituted under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976).Provided that nothing in this item shall render invalid the use of land for a bonafide industrial purpose in pursuance of the provisions of the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996 (Gujarat Ordinance 20 of 1996) when the said Ordinance was in force notwithstanding that the said land falls within five kilometres of the periphery of the area within the jurisdiction of any Area Development Authority or Urban Development Authority.[Provided further that the State Government may exempt, by notification in the Official Gazette, the use of land for such bonafide industrial purpose from the fulfilment of the condition mentioned at item (vi) above by an occupant or class of occupants as it may deem fit.] [This paragraph was substituted for the original paragraph by serial No. 4 Part II of Schedule II of the Bombay Repealing and Amending Act, 1910 (Bombay I of 1910).](II)for the purpose of manufacture or storage of any chemical or petrochemical.it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, in addition to the conditions mentioned in sub-clause (I), namely:-such land or part thereof is not situated within two kilometres from the boundary of-(i)an ancient monument declared as `protected monument' under subsection (1) of section 3 of the ancient Monuments Preservation Act, 1904 (7 of 1904);(ii)an ancient and historical monument declared as `protected monument' under sub-section (3) of section 4 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 (Gujarat 25 of 1965);(iii)a forest land or waste land declared as "reserved forest land' under section 3 of the Indian Forest Act, 1927 (XVI of 1927);(iv)a forest land or waste land known as `protected forest' under section 29 of the Indian Forest Act, 1927 (XVI of 1927);(v)an area declared as `sanctuary' under sub-section (1) of section 18 of the Wild Life (Protection) Act, 1972 (53 of 1972) or(vi)an area declared as `national park' under section 35 of the Wild Life (Protection) Act, 1972.(2)(a)The occupant shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority in relation to use of land for a bonafide industrial purpose under sub-section (1) before the land is put to use for such purpose.(b)Where an occupant commences the use of the land for a bonafide industrial purpose under sub-section (1), he shall within thirty days from the date of commencement of the use of land for a bonafide industrial purpose, send a notice of the date of commencement of such use, alongwith other particulars in such form a may be prescribed by rules made under this Act, to the Collector and endorse a copy thereof to the Mamlatdar.(3)Where, on the receipt of such notice alongwith other particulars sent by the occupant under clause (b) of sub-section (2), the Collector, after making such inquiry as he deems fit-(a)is satisfied that the occupant of such land has validly commenced the use of the land for a bonafide industrial purpose under sub-section (1), he shall issue a certificate to that effect to the occupant in such form and within such period as may be prescribed by rules made under this Act.(b)is not so satisfied, he shall, after giving the occupant an opportunity of being heard, refuse to issue such certificate:Provided that no such certificate shall be issued under clause (a) unless the conversion tax leviable under section 67A is paid.,(4)(a)Where the occupant fails to send the notice and other particulars under clause (b) of sub-section (2) within the period specified therein, he shall be liable to pay, in addition to the non-agricultural assessment leviable under this Act, such fine not exceeding ten thousand rupees as the Collector may, subject to rules made under this Act, direct.(b)(i)Where the occupant commences the use of such land for industrial purpose despite the non-fulfilment of any of the conditions specified in sub-section (1), or(ii)where certificate is refused to the occupant under clause (b) of sub-section (3),he shall be liable, in addition to the payment of non-agricultural assessment leviable under this Act, to restore such land to its original use within such period as the Collector may specify in a notice served on such occupant in this behalf.(c)Where such occupant does not restore the land to its original use within the period specified by the Collector in the notice served under clause (b),-(i)he shall be liable to pay such fine not exceeding five thousand rupees and in addition, such daily fine not exceeding one hundred rupees per hectare or part thereof of land not so restored for each day during which such land is not restored to its original use, after the expiry of the period specified in such notice as the Collector may, subject to rules made under this Act, direct, and(ii)the Collector shall take such steps as he thinks fit to get such land restored to its original use and collect the cost incurred in this behalf from such occupant as an arrear of land revenue.(5)(a)The occupant shall commence industrial activity on such land within three years from the date of the notice sent by him to the Collector under clause (b) of subsection (2) and commence production of goods or providing or services on such land within five years from such date:Provided that the period of three years or, as the case may be, five years may, on an application made by the occupant in that behalf, be extended from time to time by the Collector in such circumstances as may be prescribed by rules made under this Act.(b)Where the occupant fails to commence industrial activity or production of goods or providing of services within the period specified in clause (a) or the period extended under the proviso to clause (a), he shall be liable to pay, in addition to non-agricultural assessment leviable under section 48, non-agricultural assessment at the rate of five rupees per square metre of the land with effect from the date of expiry of the period of three years or five years or, as the case may be, the period extended under the proviso to clause (a) till he commences industrial activity or, as the case may be, commences production of goods or providing of services.Explanation I. - For the purposes of this section, section 48 and section 67A, the expression "bonafide industrial purpose" means an activity of manufacture, preservation or processing of goods, (other than the hazardous and toxic chemicals specified in Part II of the Schedule I to the Manufacture, Storages and Import of Hazardous Chemicals Rules, 1989 made under the Environment (Protection)Act, 1986 (29 of 1986), and for the time being in force) or any handicraft, or industrial business or enterprise, carried on by any person and includes construction of industrial buildings used for the manufacturing process or purpose, or power projects or port projects and ancillary industrial usage like research and development, godown, canteen, office building of the industry concerned, or providing housing accommodation to the workers of the industry concerned, or establishment of industrial estate including a co-operative estate or service industry or tourism or cottage industry.Explanation II. - For the purposes of this section, an occupant shall be deemed to have commenced the use of land for a bonafide industrial purpose from the date on which he ceases to use the land for agricultural or, non-agricultural purpose existing immediately before the date of such cesser.]
