Amendment status not verified — confirm the current text below against the official source.
Acquisition of unutilized surplus lands in industrial areas and allotment to other industries.-(1) With a view to ascertaining whether any industrial area, industrial estate or flatted factories complex developed by the Corporation originally or any other Government agency in the past or non-conforming clusters having industrial concentration notified by the Government for redevelopment has been fully utilized for industrial purposes or not, the Government may direct the Corporation to submit to it a six-monthly report containing the following information in respect of such area, namely- (a) the total number of plots or flats and the area of each plot or flat in the industrial area, industrial estate or flatted factories complex, as the case may be; c 16 (b) the number of plots or flats allotted to the plot or flat holders and the number of plots or flats, as the case may be, still in possession of the Corporation; (c) the date on which possession of each plot or flat was delivered to the plot or flat holder, the period for which the plot or flat is allotted and the premium or rent paid or payable by the plot or flat holder; (d) unutilized buildable area in each plot, having due regard to the building regulations of the Corporation or the local authority concerned within whose jurisdiction the industrial area or industrial estate is situated; (e) how much unutilized area of each plot is capable of sub- division and whether the unutilized area can be utilized for accommodating another industry, after sub-division; (fl the period for which the area of any plot (whether whole or part) remained unutilized from the date of delivery of possession to the plot holder and the reasons therefor as stated by the plot holder. (2) Upon receipt of such directions, the Corporation shall issue notices to the plot holder, in the industrial area or industrial estate calling upon them to furnish to it the information in the prescribed form and when so called upon each plot holder shall be bound to furnish true and correct information required within one month from the date of receipt of such notice by him/her. C Ras • 17 (3) For the purpose of enabling the Corporation to determine whether there is any unutilized portion of any plot in the industrial area or estate and whether such portion is capable of sub-division so as to make it useful for accommodating any other industry after sub-division, it shall be lawful for any officer of the corporation either generally or specially authorized by it in this behalf, and for his servants and workmen, at all reasonable hours - (i) to enter upon and survey the plot; (ii) to set out the boundaries of the unutilized portion of the plots; and i) to do all other acts necessary for the purposes aforesaid. (4) if upon the report submitted by the Corporation, the Government is satisfied that any plot holder has not utilized the maximum buildable area of his plot for a period of seven years or the period fixed by the Government from time to time from the date on which possession of the plot was delivered to him by the Corporation and the unutilized portion is capable of sub-division so as to make it useful for accommodating any other industry, the Government may, notwithstanding anything contained in any contract or in any law for the time being in force before the expiry of such period from the date of receipt of such report as may be prescribed, issue to the plot holder and all other persons interested in the plot notices to show cause why such unutilized portion should not be acquired for the purpose of being 18 (5) utilized for accommodating another industry. The Government shall also cause public notices to be given in the manner laid down in section 24. When any such notice is issued, the Government shall give a reasonable opportunity of being heard to the plot holder and other persons interested in the plot and it shall be open to the plot holder or any other persons interested in the plot to appear and object to such acquisition on the ground that the unutilized portion is required by the plot holder himself for the purpose of immediate expansion of his own industry and that he has already taken effective steps for utilizing such portion. Explanation.- For the purposes of this sub-section, the expression "effective steps" shall mean the following steps, namely :- (i) the plot holder has prepared the necessary project report in respect of the proposed expansion of his industry indicating the requirements of such expansion; and (ii) (a) the plot holder has obtained, whenever necessary, letter of intent or industrial licence or has got acknowledgement of Industrial Entrepreneurial Memorandum from the Government of India as required under the Industrial (Development and Regulation) Act, 1951 (LXV OF 1951); or (b) the plot holder has completed the negotiations with financial institutions for raising the required finance and sixty ( 19 c (12-r percent or more of the capital requirements for such expansion have been subscribed in the case of the company which has to go in for public issue where applicable; or (c) the plot holder has placed a firm order for purchase of at least fifty percent of the plant and machinery required for the purpose of expansion. (6) If after giving a reasonable opportunity of being heard, the Government is satisfied that the holder of the plot has failed to utilize or is not likely to utilize the unutilized portion for industrial purposes within a reasonable period, and such unutilized portion can be used for accommodating another industry, the Government may, notwithstanding anything contained in any contract or in any law for the time being in force for the purpose of enabling the Corporation to properly discharge its functions of promoting rapid growth and development of industries by accommodating another industry on such unutilized portion, acquire the land of such portion by publishing in the official Gazette, a notice specifying the purpose for which the land is required, and stating therein, that the Government had decided to acquire the land in pursuance of this section. When such a notice is published in the official Gazette, the land shall, on and from the date of such publication, vest absolutely in the Government, free from all encumbrances. 20 Where any land is vested in the Government under the last preceding sub-section, the Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the Government or any person duly authorized by it in this behalf within thirty days of the service of the notice. If any person refuses or fails to comply with an order made under the last preceding sub-section, the Government may take possession of the land, and may for that purpose use such force as may be necessary. Where any land is acquired by the Government under this section, the Government shall pay for such acquisition an amount, which shall as far as possible, be determined in accordance with the provisions of the Land Acquisition Act, 1894 (1 of 1894): Provided that the amount to be awarded and paid shall not in the case of a premium lease exceeds the proportionate amount of premium paid by the plot holder or his predecessor-in-title claiming under the Corporation in respect of the land so acquired, with interest thereon at six percent per annum from the date of payment of the premium, and where the lease is a rental lease, the amount to be awarded shall not exceed an amount equal to five times the net average yearly proportionate rent payable by the plot holder to the Corporation in respect of the land so acquired. /al (7) (8) (9) 21 CHAPTER VI SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS 16 Government lands.- (1) For the furtherance of the objects of this Act, the Government may by notification published in the official Gazette, upon such conditions as may be agreed upon between the Government and the Corporation, place at the disposal of the Corporation any lands vested in the Government. (2) After any such land has been developed by, or under the control and supervision of, the Corporation, it shall be dealt with by the Corporation in accordance with the regulations made, and directions given by the Government in this behalf (3) If any land placed at the disposal of the Corporation under sub-section (1) is required at any time thereafter by the Government, the Corporation shall replace it at the disposal of the Government upon such terms and conditions as may be mutually agreed upon. 17 Powers of the Corporation in case of certain defaults by owner of land in industrial area, etc.- (1) If the Corporation after holding a local inquiry, or upon report from any of its officers or other 22 C ((it. information in its possession, is satisfied that the owner of any land in an industrial area or industrial estate has failed to provide any amenity in relation to the land which, in the opinion of the Corporation ought to be provided or to carry out any development of the land for which penniss on has been obtained under this Act, the Corporation may serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice. (2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, then, the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: Provided that before taking any action under this sub-section, the Corporation shall afford reasonable opportunity to the owner of the land to show cause as to why such action should not be taken. (3) All expenses incurred by the Corporation or the agency employed by it in providing the amenity or carrying out the development together with interest, at such rate as the Government may by order fix, from the date when a demand for expenses is made until payment, shall be recoverable by the Corporation from the owner. 23 18 Penalty for construction or use of land and buildings contrary to terms of holding.- (1) Any person who whether at his own instance or at the instance of any other person undertakes or carries out construction of or alterations to any building in an industrial estate or industrial area or flatted factories complex contrary to the terms under which he holds such building or land under this Act shall, on conviction, be punished with fine which may extend to ten thousand rupees, and in the case of a continuing contravention, with a further fine which may extend: to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. (2) Any person who uses any land or building in an industrial estate or industrial area or flatted factories complex contrary to the terms under which he holds such land or building under this Act or in contravention of the provisions of any regulations made in this behalf shall, on conviction, be punished with fine which may extend to five thousand rupees and in case of continuing contravention with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. 19 Power to lay pipe lines, etc.- (1) (i) Within any area taken up eo for development under clause (b) of section 5, the Corporation, and 24 (ii) for the purposes of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers or drains necessary for carrying off the workings and waste liquids of an industrial process through, any intervening area, any person empowered in this behalf by the Government by notification in the official Gazette ( hereinafter in this section referred to as "the authorized person"), may lay down, place, maintain, alter, remove or repair any pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such areas. (2) The Corporation or the authorized persons may at any time enter upon any land in any such area and in such event the provisions of section 20 shall mutatis mutandis apply. (3) While exercising the powers conferred by sub-section (1), the Corporation or the authorized person shall- (i) where the land affected is a street, bridge, sewer, drain or tunnel, comply mutatis mutandis with the relevant provisions of the Gas Companies Act, 1863 (V of 1863), notwithstanding the fact that the Act is not in force in the area or that the Government has not issued a notification extending such provisions to such land, (ii) cause as little damage as possible to the premises, 25 • COI? and the full compensation to all persons entitled for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorized person, by the Government. (4) Nothing herein shall authorize or empower the Corporation or the authorized person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the Corporation or such person may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down: Provided that nothing in the aforesaid provisions shall he construed to mean that the Corporation or other person is forbidden from having the said land acquired at any time by the Government in the normal course. (5) Nothing contained in this Act or any rule or regulation made thereunder shall have effect in so far as it is inconsistent with any of the provisions of the Electricity Act, 2003 (36 of 2003).