State of Uttar Pradesh - Act
The U. P. Industrial Area Development Act, 1976
UTTAR PRADESH
India
India
The U. P. Industrial Area Development Act, 1976
Act 6 of 1976
- Published on 6 January 2018
- Commenced on 6 January 2018
- [This is the version of this document from 6 January 2018.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and extent.
2. Definitions.
- In this Act-3. Constitution of the Authority.
| (a) | The Secretary to the Government, Uttar Pradesh, IndustriesDepartment or his nominee not below the rank of Joint Secretary -ex officio | Member-Chairman. |
| (b) | The Secretary to the Government, Uttar Pradesh, Public WorksDepartment or his nominee not below the rank of Joint Secretary -ex officio | Member |
| (c) | The Secretary to the Government, Uttar Pradesh, LocalSelf-Government Department or his nominee not below the rank ofJoint Secretary -ex officio | “ |
| (d) | The Secretary to the Government, Uttar Pradesh, FinanceDepartment or his nominee not below the rank of Joint Secretary -ex officio | “ |
| (e) | The Managing Director, U. P. State Industrial DevelopmentCorporation -ex officio | “ |
| (f) | Five members to be nominated by the State Government bynotification | Member |
| (g) | Chief Executive Officer | Member-Secretary. |
4. Chief Executive Officer.
5. Staff of the Authority.
5A. [ Creation of Centralised Services. [Inserted by U.P. Act No. 6 of 2018, 6.1.2018.]
6. Functions of the Authority.
6A. [ Power to authorize a person to provide infrastructure or amenities and collect tax or fee. [Inserted by U. P. Act No. 2 of 1999, Section 2 (w.e.f. 14-8-1998).]
- Notwithstanding anything to the contrary contained in any other provisions of this Act and subject to such terms and conditions as may be specified in the regulations, the Authority may, by agreement, authorize any person to provide or maintain or continue to provide or maintain any infrastructure or amenities under this Act and to collect taxes or fees, as the case may be, levied therefor.]7. Power to the Authority in respect of transfer of land.
- The Authority may sell, lease or otherwise transfer whether by auction, allotment or otherwise any land or building belonging to the Authority in the industrial development area, on such terms and conditions as it may, subject to any rules that may be made under this Act, think fit to impose.8. Power of issue directions in respect of erection of building.
9. Ban on erection of buildings in contravention of regulations.
10. Power to require proper maintenance of site or building.
- If it appears to the Authority that the condition or use of any site or building is pre-judicially affecting or is likely to affect the proper planning of, or the amenities in any part of the industrial development area or the interests of the general public there, it may serve on the transferee or occupier of that site or building, a notice requiring him to take such steps and within such period as may be specified in the notice and thereafter to maintain it in such manner as may be specified therein and in case such transferee or occupier fails to take such steps or to maintain it thereafter, the Authority may itself take such steps or maintain it, and realize the cost incurred on it from such transferee or occupier.11. Levy of tax.
- [(1) For the purposes of providing, maintaining or continuing any amenities in the industrial development area, the Authority may, with the previous approval of the State Government, levy such taxes as it may consider necessary in respect of any site or building on the transferee or occupier thereof, provided that the total incidence of such tax shall not exceed one per cent of the market value of such site, including the site of the building.Explanation. - For the purposes of this sub-section, the expression 'market value' means, the amount of-(a)consideration, in the case of sale; or(b)premium, in the case of lease; or(c)the minimum value determined in accordance with the rules made under the Indian Stamp Act, 1899, whichever is more.]12. Applications of certain provisions of President's Act XI of 1973.
- The provisions of Chapter VII and Sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58 of the Uttar Pradesh Urban Planning and Development Act, 1973, as re-enacted and modified by the Uttar Pradesh President's Act (Re-enactment with Modifications) Act, 1974, shall mutatis mutandis, apply to the Authority with adaptation that-12A. [ No Panchayat for Industrial Township. [Inserted by U. P. Act No. 4 of 2001, Section 2 (w.e.f. 24-3-2001).]
- Notwithstanding anything contained to the contrary in any Uttar Pradesh Act, where an industrial development area or any part thereof is specified to be an industrial township under the proviso to clause (1) of Article 243-Q of the Constitution, such industrial development area or part thereof, if included in a Panchayat area, shall, with effect from the date of notification made under the said proviso, stand excluded from such Panchayat area and no Panchayat shall be constituted for such industrial development area or part thereof under the United Provinces Panchayat Raj Act, 1947 or the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, as the case may be, and any Panchayat constituted for such industrial development area or part thereof before the date of such notification, shall cease to exist.Explanation. - The expression "Panchayat and Panchayat area" shall have the meanings respectively assigned to them in Part IX of the Constitution.] [Substituted by U. P. Act No. 18 of 1995, Section 2 (w.e.f. 15-5-1995).]13. Imposition of penalty and mode of recovery of arrears.
- Where any transferee makes any default in the payment of any consideration money or instalment thereof or any other amount due on account of the transfer of any site or building by the Authority or any rent due to the Authority in respect of any lease, or where any transferee or occupier makes any default in the payment of any fee or tax levied under this Act, the Chief Executive Officer may direct that in addition to the amount of arrears, a further sum not exceeding that amount shall be recovered from the transferee or occupier, as the case may be, by way of penalty.14. Forfeiture for breach of conditions of transfer.
15. Penalty.
- Any person who contravenes any provisions of this Act, or rules or regulations made thereunder or any directions issued under Section 8, shall, on conviction be punishable, with fine which may extend to five thousand rupees and in the case of a continuing offence with further fine which may extend to one thousand rupees for every day during which such offence continues after conviction for the first commission of the offence.16. Powers of entry, etc.
- The Chief Executive Officer may authorise any person, to enter into or open any land or building with or without assistance, for the purposes of-17. Overriding effect of the Act.
- Upon any area being declared an industrial development area under the provisions of this Act, such area, if included in the master plan or the zonal development plan under the Uttar Pradesh Urban Planning and Development Act, 1973, or any other development plan under any other Uttar Pradesh Act, with effect from the date of such declaration, be deemed to be excluded from any such plan.18. Power to make rules.
- The State Government may, by notification, make rules for carrying out the purposes of this Act.19. Power to make regulations.
1. Notification No. 4157 III/XVIII-II, dated 17th April, 1976, published in U. P. Gazette (Extraordinary), dated 17th April, 1976.
In exercise of the powers under clause (d) of Section 2, read with Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act No. 6 of 1976), the Governor is hereby pleased to declare the area comprising the villages mentioned in Schedule; annexed hereto shall be an 'industrial development area', to be called the 'New Okhla Industrial Development Area'.2. The Governor is hereby further pleased, in exercise of the powers under Section 3 of the said Act, to constitute, in respect of the above-mentioned Industrial Development Area, for the purposes of the said Act, an Authority to be called the 'New Okhla Industrial Development Authority', consisting of the following, namely:
| (i) | Secretary of the Government, Uttar Pradesh, IndustriesDepartment,ex officio | Member-Chairman[Under clause (a)] |
| (ii) | Secretary to the Government, Uttar Pradesh, Public WorksDepartment,ex officio | Member[Under clause (b)] |
| (iii) | Secretary to the Government, Uttar Pradesh, LocalSelf-Government Department,ex officio | Member[Under clause (c)] |
| (iv) | Secretary to the Government, Uttar Pradesh, Finance,exofficio | Member[Under clause (d)] |
| (v) | Managing Director, U. P. State Industrial DevelopmentCorporation Ltd.,ex officio | Member[Under clause (e)] |
| (vi) | Chairman, U. P. State Electricity Board,ex officio | Member[Nominated under clause (f)] |
| (vii) | Managing Director, U. P. Jal Nigam,ex officio. | Member[Nominated under clause (f)] |
| (viii) | Chief Engineer, Irrigation Department, U. P.ex officio. | Member[Nominated under Clause (f)] |
| (ix) | Chief Town and Country, Planner, U. P.,ex officio. | Member[Nominated under clause (f)] |
| (x) | District Magistrate, Bulandshahrex officio. | Member[Nominated Under clause (f)] |
| (xi) | Chief Executive Officer,ex officio. | Member-Secretary[Nominated Underclause (g)] |