Section 20 in Jharkhand Industrial Area Development Authority Regulations, 2016
20. Declaration of Industrial Premises As Functional.
- i. An industrial unit after submission of consent to operate, as applicable from Pollution Control Board (PCB) shall be declared functional, provided no dues to the Authority and submission of(a)Certified copy of EM Part-ll indicting date of production/ Trade Tax Exemption order/Trade Tax Assessment Order/STPI registration certificate along with documentary evidence of functioning.(b)Lease deed as applicable has been executed and registered.(c)In addition to the documents stated above, the following documents as applicable may also be required to be submitted by the allottee(s):• ESI registration certificate/ returns.• PF registration certificate/ returns.• Registration under Factories Act.• Electricity consumption bills for industrial usage.(d)A team of officer(s) duly constituted for the purpose by the Chief Executive Officer of the region may inspect the industrial Premises to determine the functioning.ii. That the industrial units should go into production or show substantial progress towards the implementation of the project within six months of the date of approval of plan. The entrepreneur will start construction work with the margin money shown in the project to be put in out of his own resources. Similarly on the installation of the machinery etc. the unit will start production with his share of the working capital.In case the proposed factory is not set up within the period mentioned above or within such extended period as the Authority may allow after considering the circumstances, or does not make satisfactory progress as indicated above, its deposit towards the premium of land along with the construction, installation. Fixtures and equipment thereupon shall be liable to be forfeited by the Authority. In case necessary effective steps are not taken within the fixed/extended period to establish the industry, the Chief Executive Officer of the region shall in such conditions, cancel the allotment of allotted plot/Shed and also forfeit the amount deposited in this connection. Chief Executive Officer of the region shall, before cancelling the allotment allows one month time to the allottee to put up his case. The allottee/applicant on being dissatisfied with the order of the Chief Executive Officer may file an appeal to the Managing Director of the Authority within one month from the order of the Chief Executive Officer of the region. The Managing Director shall, after due consideration, dispose it of within two months from the date of receipt of the appeal. The second appeal shall lie with Secretary/ Principal Secretary/ Additional Chief Secretary of the Department of Industries, Mines and Geology, Government of Jharkhand and such appeal should be made within one month of the order of the Managing Director. Secretary/ Principal Secretary/ Additional Chief Secretary of the Department of Industries, Mines and Geology shall dispose of such application within three months from the date of the receipt of the appeal. The authority shall, after cancellation of allotment of the plot/shed take possession of the said plot/shed.iii. That in the event of any construction without prior approval of the Chief Executive Officer of the region or any departure from the approved plan of construction or any non-industrial use of the land or construction thereon, or non-utilization of any part of the land according to the approved plan or otherwise, the Chief Executive Officer of the region will have the option to change the cost and rent of the land of the entire period of such use of land at the prevailing/current market rate as may be decided by the Chief Executive Officer of the region and also cancel the allotment and resume the land in consequence, thereof and no compensation will be payable to the allottee either for the unexpired period of the lease, or for the structure, building installation and immoveable assets in any shape form erected thereon.
