LexThe UTTAR PRADESH INDUSTRIAL AREA DEVELOPMENT ACT, 1976
Uttar Pradesh · state statute
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THE UTTAR PRADESH INDUSTRIAL AREA DEVELOPMENT
ACT, 19761
(U. P. ACT No. 6 OF 1976)
Amended by
U. P. Act No. 18 of 1995
U. P. Act No. 02 of 1999
U. P. Act No. 04 of 2001
U. P. Act No. 20 of 2008
U. P. Act No. 10 of 2016
U. P. Act No. 06 of 2018
U.P. Act No. 25 of 2020
U.P. Act No. 05 of 2022
U.P. Act No. 10 of 2026
[ Passed in Hindi by the Uttar Pradesh Legislative Assembly
on April 1, 1976 and by the Uttar Pradesh Legislative Council on
April 6, 1976.
Received the assent of the Governor on April 16, 1976 under
Article 200 of the Constitution of India and was published in the
Uttar Pradesh Gazette Extraordinary, dated April 16, 1976. ]
AN
ACT
to provide for the constitution of an Authority for the
development of certain areas in the State into industrial and
urban township and for matters connected therewith.
IT IS HEREBY enacted in the Twenty-seventh Year of the Republic
of India, as follows :—
Short title
and extent 1. (1) This Act may be called the Uttar Pradesh Industrial Area
Development Act, 1976.
(2) It extends to the whole of Uttar Pradesh.
Definitions 2. In this Act, —
(a) “amenities” includes 2[roads, bridges, flyovers, underpasses]
water supply, street lighting, power supply, sewerage, drainage,
collection, treatment and disposal of industrial waste and town refuse
3[facilities relating to health, education, transport, disaster management,
fuel, power public transport, broad band connectivity and gas pipe-lines]
and such other community facilities, services or conveniences as the
State Government may, by notification, specify to be an amenity for the
purposes of this Act ;
(b) “Authority” means the Authority constituted under section 3
of the Act ;
——————————————————————————————————————————
1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated April 16, 1976.
2. Subs. by sec. 2 (a) (i) of U. P. Act 10 of 2016.
3. Add. by sec. 2 (a) (ii) of U. P. Act 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
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1[ (b-1) “building” includes any structure or erection or part
thereof which is used or is capable of being used for any residential
commercial, institutional, industrial or for any other like purpose, and
the same is occupied or is capable of occupation ; ]
(c) “Chief Executive Officer” means the officer appointed as such
under section 4 ;
2[(c-1) “company” for the purpose of this Act, means any
company incorporated under the Companies Act, 2013, or its statutory
modification in which the entire paid up share capital is held, directly or
indirectly, by the State Government or partly by the State Government
and partly by the Central Government ;
2[(c-2) “development” with its grammatical variations means,
carrying on any organized activity over any land or building, including
any changes which occur on account of spending of finances and may
result in increase of its rateable value and also includes re-development;
2[(c-3) “economic activities” shall include industrial,
manufacturing, commercial, financial, processing, packing, logistic,
transport, tourism, hospitality, health, housing, entertainment, research
and development, education and training, information and
communication, management and consultancy, activities and service
connected with development and maintenance of amenities and, such
other economic activities as may be specified by notification by the State
Government ; ]
(d) “Industrial development area” means an area declared as
such by the State Government by notification ;
3[(d-1) “industrial township” means an industrial township
specified as such by notification by the Governor under the proviso to
clause (1) of Article 243Q of the Constitution of India ;
3[(d-2) “infrastructure project” means any project undertaken or
to be undertaken for the development of infrastructure, amenities,
facilities, or service which are required for the smooth and efficient
functioning of Special Investments Region or the Industrial Development
Area ; ]
(e) “Occupier” means a person (including a firm or body of
individuals whether incorporated or not) who occupies a site or building
within the industrial development area and includes his successors and
assigns ;
4[ (e-1) “Site” means any demarcated portion of land or building
or both ;
——————————————————————————————————————————
1. Ins. by sec. 2 (b) of U. P. Act 10 of 2016.
2. Ins. by sec. 2 (c) of U. P. Act 10 of 2016.
3. Ins. by sec. 2 (d) of U. P. Act 10 of 2016.
4. Ins. by sec. 2 (e) of U. P. Act 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
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(e-2) “Special Investment Region” means an area declared as such
by the State Government by notification under sub-section (1-A) of
section 3 ; ] 1
(f) “transferee” means a person (including a firm or other body of
individuals, whether incorporated or not) to whom any land or building
is transferred in any manner whatsoever, under this Act and includes
his successors and assigns ;
2[(f-1) “Unit” means a unit or undertaking set up by a person for
the purpose of carrying on any economic activity in the Industrial
Development Area/Special Investment region ;
2(f-2) “User Charge(s)” means the charges levied by the Authority
or any other entity authorized by it; ]
(g) the words and expressions “building”, “development”, “to erect a
building” and “land” shall have the same meaning as assigned to them in
the Uttar Pradesh Urban Planning and Development Act, 1973.
Constitution
of the
Authority
3. 3[(1) the State Government may, by notification, declare an
area to be the industrial development area and constitute an authority to
be called “(name of the area) industrial development authority” for such
industrial development area.
3(1-A) The State Government, may by notification, declare any
area, determining its geographical boundaries falling within or outside
the industrial development area or partly within and partly outside as
Special Investment Region and empower the Authority constituted under
sub-section (1) for carrying out the purpose of this Act in respect of such
area. The Special Investment Region shall be called by such name as
may be specified by the State Government. ]
(2) The Authority shall be a body corporate.
(3) The Authority shall consist of the following :—
(a) 4[the Principal Secretary to the Govern-
ment] Uttar Pradesh, Public Works Department or
his nominee not below the rank of 3[Special
Secretary] — ex-officio
Member—
Chairman
5 [Provided that the Chairman of the Uttar Pradesh State
Industrial Development Corporation shall be ex-officio Chairman of the
Uttar Pradesh State Industrial Development Authority. ]
(b) 4[the Principal Secretary to the
Government] Uttar Pradesh, Public Works
Department or his nominee not below the rank of
4[Special Secretary] — ex-officio
Member
——————————————————————————————————————————
1. Ins. by sec. 2 (e) of U. P. Act No. 10 of 2016.
2. Ins. by sec. 2 (f) of U.P. Act No. 10 of 2016.
3. Subs. by sec. 3 (a) of U. P. Act No. 10 of 2016.
4. Subs. by sec. 3 (b) of U. P. Act No. 10 of 2016.
5. Ins. by sec. 2 of U. P. Act No. 20 of 2008.
[The Uttar Pradesh Industrial Area Development Act, 1976]
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(c) 1[the Principal Secretary to the Govern-
ment] Uttar Pradesh, Public Works Department or
his nominee not below the rank of 1[Special
Secretary] — ex-officio
Member
(d) 1[the Principal Secretary to the Govern-
ment] Uttar Pradesh, Public Works Department or
his nominee not below the rank of 1[Special
Secretary] — ex-officio
Member
(e) The Managing Director, U. P. State
Industrial Development Corporation — ex-officio
Member
(f) Five member shall be nominated by the
State Government by notification
Member
(g) Chief Executive Officer Member-Secretary
(4) The headquarters of the Authority shall be at such place as
may be notified by the State Government.
(5) The procedure for the conduct of the meetings for the
Authority shall be such as may be prescribed.
(6) No act or proceedings of the Authority shall be invalid by
reason of the existence of any vacancy in or defect in the constitution of
the Authority.
Chief
Executive
Officer
4. (1) The Chief Executive Officer of the Authority shall be
appointed by the State Government and he shall be a whole-time officer
of the Authority.
(2) The Chief Executive Officer shall be entitled to receive from
the funds of the Authority such salaries and allowances and be
governed by such conditions of service as may be determined by general
or special order of the State Government in this behalf.
(3) The Chief Executive Officer shall exercise such powers and
perform such duties as may be specified in the regulations or delegated
to him by the Authority.
Staff of the
Authority 5. (1) Subject to such control and restrictions as may be
determined by general or special orders of the State Government, the
Authority may appoint such number of officers and employees as may
be necessary for the performance of its functions, and may determine
their grades and designations.
(2) Subject as aforesaid the officers and employees of the
Authority shall be entitled to receive from the funds of the Authority
such salaries and allowances and shall be governed by such other
conditions of service as may be agreed upon with the Authority.
——————————————————————————————————————————
1. Subs. by sec. 3 (b) of U. P. Act no. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
10
Creation of
Centralized
Services
1[ 5-A. (1) Notwithstanding anything to the contrary contained in
section 5 or in any other law for the time being in force, the State
Government may at any time, by notification, create one or more
“Industrial Development Authorities Centralized Services” for such
posts, as the State Government may deem fit, common to all the
Industrial Development Authorities, and may prescribe the manner and
conditions of recruitment to and the terms and conditions of service of
persons appointed to such service.
(2) Upon creation of an Industrial Development Authorities
Centralized Service, officer or employee serving on the posts included in
such service immediately before such creation, not being a person
governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1966
or serving on deputation, shall, unless he opts otherwise, be absorbed in
such service, —
(a) finally, if he was already confirmed in his post; and
(b) provisionally, if he was holding temporary or officiating
appointment.
(3) An officer or employee referred to in sub-section (2) may,
within three months from the creation of such Industrial Development
Authorities Centralized Service communicate to the Government in the
Industrial Development Department, his option not to be absorbed in
such Centralized Service, failing which he shall be deemed to have opted
for final or provisional, as the case may be, absorption in such
centralized Service.
(4) Suitability of officer or employee absorbed provisionally, for
final absorption in an Industrial Development Authorities Centralized
Service, shall be examined in the manner prescribed and if found
suitable he shall be absorbed finally.
(5) The services of officer or employee who opts against
absorption, or who is not found suitable for final absorption, shall stand
determined and he shall, without prejudice to his claim to any leave,
pension, provident fund or gratuity which he would have been entitled
to, be entitled to receive as compensation from the Industrial
Development Authority concerned, an amount equal to —
(a) three month’s salary, if he was a permanent employee ;
(b) one month’s salary, if he was a temporary employee.
Explanation— For the purposes of this sub-section the term
‘salary’ includes dearness allowance, personal pay and special pay, if any.
(6) It shall be lawful for the State Government or any officer
authorized by it in this behalf, to transfer any person holding any post
in an Industrial Development Authorities Centralized Service from one
Industrial Development Authority to another. ]
——————————————————————————————————————————
1. Ins. by sec. 2 of U. P. Act no. 6 of 2018.
[The Uttar Pradesh Industrial Area Development Act, 1976]
12
Functions of
the Authority 6. (1) The object of the Authority shall be to secure the planned
development of the industrial development areas.
(2) Without prejudice to the generality of the objects of the
Authority, the Authority shall perform the following functions :—
(a) to acquire land in the industrial development area, by
agreement or through proceedings under the Land Acquisition Act, 1894
for the purpose of this Act ;
(b) to prepare a plan for the development of the industrial
development area ;
(c) to demarcate and develop sites for industrial, commercial and
residential purposes according to the plan ;
(d) to provide infra-structure for industrial, commercial and
residential purposes ;
1[ (e) to provide amenities and municipal services ;]
1[(f) to allocate and transfer either by way of sale or lease or
otherwise plots of land for industrial commercial or residential purposes
and such other land uses as per master plan ;]
1[(g) to regulate the erection of buildings and setting up of
industries and land uses as per master plan ; and]
1[(h) to lay down the purpose for which a particular site or plot of
land shall be used, namely for industrial or commercial or residential
purpose or any other specified purpose in such area as per Master Plan.]1
2[(3) For carrying out or achieving the planned development
within the industrial development area, the Authority may incorporate a
company or more than one company owned by the Authority either
wholly or partly by the State Government and partly by the Central
Government, under the provisions of the Companies Act, 2013.
2(4) The share capital, the Memorandum of Association and the
Articles of Association of the company referred to in sub-section (3) shall
be such as may be approved by the Authority from time to time :
Provided that, in cases where the share capital is partly held by
the State Government, the share capital, the Memorandum of the
Association and the Articles of Association under this sub-section shall
be approved by the State Government.
(5) The company formed under sub-section (3) shall carry out
such functions as may be entrusted to it by the Memorandum of
Association.
(6) Where in the opinion of the Authority, as a consequence of
any development scheme having been executed by the Authority in the
——————————————————————————————————————————
1. Subs. by sec. 4(a) of U. P. Act no. 10 of 2016.
2. Ins. by sec. 4 (b) of U. P. Act no. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
14
special investment region or the industrial development area, the value
of any property in that area which has been benefited by the
development, has increased or is likely to increase, the Authority shall
be entitled to levy upon the owner of the property or any person having
an 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
land owned by the Government :
Provided further that, where any land belonging to the
Government has been granted by way of lease or license by the
Government to a person, whether any building situate thereon or not,
shall be subject to a betterment charge under this sub-section. ]1
Power to
authorize a
person to
provide
infrastructure
or amenities
and collect
tax or fee
2[ 6-A. 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. ]
Power to the
Authority in
respect of
transfer of
land
7. 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:
3[ Provided that,-
(a)where any land has been allotted on lease before 28.07.2020
for setting up of an industrial unit and/or Information Technology/
Information Technology Enabled Services unit(IT/ITES); and
(b)the land has not been utilized (functional/minimum
completion) by 28.07.2020 as per the norms laid down by the Authority;
and
(c) a period of eight years from the date of execution of lease deed
of the period fixed for such utilization as per the terms and conditions of
allotment, whichever is longer has lapsed by 28.07.2020; and .
(d) a notice has been given by the Authority to such allottee
atleast three months prior to 31.12.2022 to utilize the said land by
31.12.2022 for the purpose for which it was allotted and apprising him
of the consequences as mentioned hereafter of the failure to do so; and
(e) the allottee does not utilize the land by 31.12.2022
then the allotment and lease deed will stand automatically
cancelled and allotted land will vest with the Authority on 31.12.2022
Provided further that the State Government may, by a general or
special order, extend the date of such cancellation and vesting as
mentioned in the above proviso, in the interest of promotion of
investment and employment generation.
Explanation-1:-The aforesaid amendment does not entitle any
allottee/unit to claim a minimum completion period of eight years. The
period fixed for such utilization shall continue to be governed by the
terms and conditions of allotment and the policy of the concerned
Authority, including the applicability of extension of time and other
interests and charges.
——————————————————————————————————————————
1. Ins. by sec. 4(b) of U.P. Act No. 10 of 2016.
2. Ins. by sec. 2 of U. P. Act No. 2 of 1999.
3. Subs. by sec. 2 of U.P. Act No. 05 of 2022.
[The Uttar Pradesh Industrial Area Development Act, 1976]
16
le; o`f) vkSj vU; fgrksa rFkk izHkkjh dh mi;ksT;rk lfEefyr gSA
Explanation-2:- The refund of money deposited by the allottee
on such cancellation of allotment and lease deed, and vesting of land in
Authority shall be as per the policy of the concerned Authority.]
8. (1) For the purposes of proper planning and development of
the industrial development area, the Authority may issue such direction
as it may consider necessary, regarding —
(a) architectural features of the elevation or frontage of any
building ;
(b) the alignment of buildings on any site ;
(c) the restrictions and conditions in regard to open spaces to be
maintained in and around building and height and character of
buildings ;
Power to issue
directions in
respect of
erection of
building
(d) the number of residential buildings that may be erected on
any site ;
(e) regulation of erection of shops, workshops, warehouses
factories or buildings ;
(f) maintenance of height and position of walls, fences, hedges or
any other structure or architecture constructions ;
(g) maintenance of amenities ;
(h) restriction of use of any site for a purpose other than that for
which it has been allocated ;
(i) the means to be provided for proper
(ii) drainage of waste water ;
(iii) disposal of industrial waste, and disposal of town refuse.
(2) Every transferee shall comply with the directions issued
under sub-section (1) and shall as expeditiously as possible erect any
building or take such other steps as may be necessary to comply with
such directions.
9. (1) No person shall erect or occupy any building in the
industrial development area in contravention of any building regulation
made under sub-section (2).
(2) The Authority may, by notification and with the prior
approval of the State Government make regulations to regulate the
erection of buildings and such regulations may provide for all or any of
the following matters, namely :—
Ban on
erection of
buildings in
contravenetion
of regulation
(a) the materials to be used for external and partition walls,
roofs, floors and other parts of a building and their position or location
or the method or construction ;
(b) lay-out plan of the building whether industrial, commercial
or residential ;
(c) the height and slope of the roofs and floors or any building
which is intended to be used for residential or cooking purposes ;
(d) the ventilation in, or the space to be left about any building
or part thereof to secure circulation of air and for the prevention of fire;
[The Uttar Pradesh Industrial Area Development Act, 1976]
18
(e) the number and height of the story’s of any building ;
(f) the means to be provided for the ingress and aggress to and
from any building ;
(g) the minimum dimension of rooms intended for use as living
rooms and sleeping rooms and the provision of ventilation ;
(h) any other matter in furtherance of the proper regulation of
erection, completion and occupation of buildings ; and
(i) the certificates necessary and incidental to the submission of
plans amended plans and completion reports;
1[(j) the time limit within which any building shall be required to
be erected or repairs, additions, modifications is to be made in an
existing building, shall be carried out and after completion thereof a
notice of completion of construction of building or repairs, additions or
modifications as the case may be, shall be lodged with the Authority and
completion certificate obtained therefrom. ]
Power to
require
proper
maintenance
of site or
building
10. If it appears to the Authority that the conditions or use of
any site or building is prejudicially 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.
Levy of tax 11. 2[(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. ]
——————————————————————————————————————————
1. Ins. by sec. 5 of U. P. Act no. 10 of 2016.
2. Subs. by sec. 2 of U. P. Act 18 of 1995.
[The Uttar Pradesh Industrial Area Development Act, 1976]
20
(2) If the State Government considers it necessary or expedient in
the public interest, it may, by a general or special order, exempt wholly
or partly—any such transferee or occupier or any class thereof from the
taxes levied under sub-section (1).
Power to levy
toll etc.
1[11-A. The Authority shall have power to levy and collect toll, for
the use of approach roads and other Amenities at such rate and in such
manner as may be notified by the State Government, from visitors, to
such places of popular resort (including any ancient and historical
monuments) within the industrial development area ;
Provided that State Government may by notification, exempt any
classes of visitors from the payment of the toll and fix any day in which
no toll shall be charged. ]
Levy of
Additional
Stamp Duty
11-B. (1) The duty imposed by the Indian Stamp Act, 1899 on
any deed of transfer of immovable property situated within the
Industrial Development Area or Special Investment Region, or any part
thereof, as the State Government may, by notification, declare, shall be
increased by two percent on the amount or value of the consideration
with reference to which the duty is calculated under the said Act.
(2) All collections resulting from the said increase, after the
deduction of incidental expenses, if any, and as may be determined from
time to time by the State Government, shall be transferred to and
appropriated towards suitable head or Fund as notified by the State
Government. ]2
Applications
of certain
provisions of
President’s
Act XI of
1973
12. 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 (Re-enactment with Modifications) Act, 1974,
shall mutatis mutandis apply to the Authority with adaptation that,—
(a) any reference to the aforesaid Act shall be deemed to be a
reference to this Act ;
(b) any reference to the Authority constituted under the aforesaid
Act shall be deemed to be a reference to the Authority constituted under
this Act ; and
(c) any reference to the Vice-Chairman of the Authority shall be
deemed to be a reference to the Chief Executive Officer of the Authority.
——————————————————————————————————————————
1. Ins. by sec. 6 of U. P. Act 10 of 2016.
2. Ins. by sec. 6 of U.P. Act No. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
22
No Panchayat
for industrial
township
1[ 12-A. 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. ]
2[12-B. (1) The Governor may, by notification, specify under
Article 243Q of the Constitution of India, the whole of Special Investment
Region or the Industrial Development Area or any part thereof to be an
Industrial Township.
(2) Notwithstanding anything to the contrary contained in any
Uttar Pradesh Act, where an special investment region or industrial
development area or any part thereof is specified to be an Industrial
Township under the proviso to clause (1) of Article 243Q of the
Constitution of India, such industrial development area or part thereof,
falling in a Municipality shall from the date of notification stand
excluded from that Municipality area and all powers and functions
performed with respect to such area shall be exercised or performed by
the Authority.
Explanation :— The expression “Municipality” shall have the
meaning assigned to it in Part IX or Part IX-A of the Constitution of
India. ]
——————————————————————————————————————————
1. Ins. by sec. 2 of U. P. Act No. 4 of 2001.
2. Ins. by sec. 7 of U. P. Act No. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
24
Imposition of
penalty and
mode of
recovery of
arrears
13. Where any transferee makes any default in the payment of
any consideration money or installment 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 1[Occupier makes any default in payment of any amount of] 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.
2[13-A. Any amount payable to the Authority under section 13
shall constitute a charge over the property and may be recovered as
arrears of land revenue or by attachment and sale of property in the
manner provided under sections 503, 504, 505, 506, 507, 508, 509,
510, 512, 513 and 514 of the Uttar Pradesh Municipal Corporations Act,
1959 (Act no. 2 of 1959) and such provisions of the said Act shall
mutatis mutandis apply to the recovery of dues of an authority as they
apply to the recovery of a tax due to a Municipal Corporation, so
however, that references in the aforesaid sections of the said Act to
‘Municipal Commissioner’, ‘Corporation Officer’ and ‘Corporation’ shall
be construed as references to ‘Chief Executive Officer’ and ‘Authority’
respectively :
Provided that more than one modes of recovery shall not be
commenced or continued simultaneously. ]
For feature
for breach of
conditions of
transfer
14. (1) In the case of non-payment of consideration money or any
installment thereof on account of the transfer by the Authority of any
site or building or in case of breach of any condition of such transfer or
breach of any rules or regulations made under this Act, the Chief
Executive Officer may resume the site or building so transferred and
may further forfeit the whole or nay part of the money, if any, paid in
respect thereof.
——————————————————————————————————————————
1. Subs. by sec. 8 of U. P. Act No. 10 of 2016.
2. Ins. by sec. 9 of U. P. Act No. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
26
(2) Where the Chief Executive Officer orders resumption of any
site or building under sub-section (1) the Collector may, on his
requisition, cause possession thereof to be delivered to him and may for
that purpose use or cause to be used such force as may be necessary.
Penalty 15. 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 1[fifty thousand rupees] and in the case of a continuing offence with
further fine which may extend to one hundred rupees for every day
during which such offence continues after conviction for the first
commission of the offence.
Powers of
entry etc. 16. The Chief Executive Officer may authorize any person to
enter into or open any land or building with or without assistance, for
the purposes of,—
(a) making any inquiry, inspection, measurement or survey or
taking levels of such land or building ;
(b) examining works under construction or of ascertaining the
course of sewers or drains ;
(c) ascertaining whether any building is being or has been
erected or re-erected without sanction or in contravention of any
sanction given under this Act or the rules and regulations made
thereunder and to take such measurements and do any such other acts
as may be necessary for such purpose ;
2[ (C-1) digging or boring into the sub soil ;
(C-2) setting out boundaries or intended lines of work ;
(C-3) making such level, boundaries and lines by placing marks
and cutting trenches ;
(C-4) ascertaining whether any land is being or has been
developed in accordance with the Plan and in accordance with the terms
and conditions stated in the permission. ]2
(d) doing any other thing necessary for the efficient
administration of this Act :
Provided that —
(i) no such entry shall be made except between the hours of
sunrise and sunset and without giving reasonable notice to the occupier,
or if there be no occupier, to the owner of the land or building ;
(ii) sufficient opportunity shall in every instance, be given to
enable women, if any, to withdraw from such land or building ;
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1. Subs. by sec. 10 of U. P. Act no. 10 of 2016.
2. Ins. by sec. 11 of U. P. Act no. 10 of 2016.
[The Uttar Pradesh Industrial Area Development Act, 1976]
28
(iii) due regard shall always be had, so far as may be compatible
with the exigencies of the purposes for which the entry is made, to the
social and religious usages of the occupants of the land or building
entered.
Punishment
for
obstruction,
imposition of
penalty,
sealing etc.
1[16-A. Any person who obstructs the entry of a person
authorized under section 16 upon any land or building shall be 2[liable
to a penalty which may extend to twenty-five thousand rupees].
3[For the purposes of this section, the Chief Executive Officer or
any officer authorised by him shall have the power to hold inquiry and
impose the penalty in such manner as may be prescribed].
Power to
levy, assess,
recover user
charges
16-B. (1) When it appears to the Chief Executive Officer or the
officer authorized by him that any particular development scheme is
sufficiently advanced to enable the amount of the user charge to be
determined, the Chief Executive Officer or the officer authorized by him
may be an order made in that behalf, declare that for the purpose of
determining the User Charges the execution of the scheme shall be
deemed to have been completed and shall thereupon give notice in
writing to the owner of the property or person having an interest therein
that it is proposed to assess the amount of the User charge in respect of
the property mentioned in the notice.
(2) The Chief Executive Officer or the officer authorized by him
shall assess the amount of User Charges payable by the person
concerned after giving such person an opportunity of being heard.
(3) Any person aggrieved by the order of assessment passed
under sub-section (2), am, within ninety days from the date of the notice
in writing of such assessment inform the Chief Executive Officer or the
officer authorized by him in that behalf by a declaration in writing that
he accepts the assessment or objects to it.
(4) Where the order of assessment passed under sub-section (2)
is accepted by the person concerned within the period specified in such
assessment shall become final and the person concerned shall make
payment of the User Charges within the time specified in the assessment
order.
(5) If the person concerned objects to the Assessment order
passed under sub-section (2), then the person concerned may file an
appeal before the Appellate Authority within a period of ninety days from
the date of receipt of the assessment order passed under sub-section (2)
and the Appellate Authority may dispose of the appeal within a period of
six months from the date of receipt of the appeal. The order passed by
the Appellate Authority in appeal shall be final.
(6) The State Government may nominate an officer not below the
rank of the Principal Secretary to the State Government as the Appellate
Authority.
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1. Ins. by sec. 12 of U. P. Act no. 10 of 2016.
2. Subs. by THE SCHEDULE of U.P. Act No. 10 of 2026.
3. Ins.. by THE SCHEDULE of U.P. Act No. 10 of 2026.
[The Uttar Pradesh Industrial Area Development Act, 1976]
30
(7) The User Charges levied under this Act shall be payable in
such number of installments, as may be fixed by regulations made in
that behalf.
(8) The arrears of User Charges shall be recoverable as the
arrears of land revenue, and shall constitute a charge over such
property. ]1
Overriding
effect of the
Act
17. 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, shall, with effect from the date of
such declaration be deemed to be excluded from any such plan.
Power to
make rules 18. The State Government may by notification, make rules for
carrying out the purposes fo this Act.
Power to
make
regulations
19. (1) The Authority may with the previous approval of the State
Government, make regulation not inconsistent with the provisions of
this Act or the rules made thereunder for the administration of the
affairs of the Authority.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulation may provide for all or any of the
following matters, namely :—
(a) the summoning and holding of meetings of the Authority, the
time and place where such meetings are to be held, the conduct of
business at such meetings, and the number of members necessary to
form a quorum thereat ;
(b) the powers and duties of the Chief Executive Officer ;
(c) the form of register of application for permission to erect a
building ;
(d) the management of properties of the Authority ;
(e) fees to be levied in the discharge of its functions ;
(f) such other matters as are to be provided for in regulation.
————
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1. Ins. by sec. 12 of U.P. Act No. 10 of 2016.
2