LexThe UTTAR PRADESH NODAL INVESTMENT REGION FOR MANUFACTURING (NIRMAN) KSHETRA ACT, 2024
Uttar Pradesh · state statute
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No. 336(2)/LXXIX-V-1–2024-1-ka-18-2024
Dated Lucknow, August 13, 2024
IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the
Governor is pleased to order the publication of the following English translation of the Uttar Pradesh
Nodal Vinidhaan Region Vsinirmaan (NIRMAN) Kshetra Adhiniyam, 2024 (Uttar Pradesh Adhiniyam
Sankhya 9 of 2024) as passed by the Uttar Pradesh Legislature and assented to by the Governor on August
12, 2024. the Audyogik Vikas Anubhag-4 is administratively concerned with the said Adhiniyam.
THE UTTAR PRADESH NODAL INVESTMENT REGION FOR MANUFACTURING
(NIRMAN) KSHETRA ACT, 2024
(U.P. Act no. 9 of 2024)
[As passed by the Uttar Pradesh Legislature]
AN
ACT
to provide for the constitution of a UP Nodal Investment Region for
Manufacturing Kshetra Authority in the State of Uttar Pradesh for establishing,
operating, regulating, and managing large size Investment Regions or clusters in the State
of Uttar Pradesh,to ensure ease of doing business for the promotion of industrial
development and facilitation of new investments and to establish Uttar Pradesh as a
global manufacturing hub with key focus on exports.
IT IS HEREBY enacted in the Seventy Fifth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Nodal Investment Region fo r
Manufacturing (NIRMAN) Kshetra Act, 2024.
(2) It shall extend to the whole of the State of Uttar Pradesh:
(3) It shall come into force on such date as the State Government may, b y
notification in the Official Gazette, appoint :
Provided that different dates may be appointed for different provisions of this Act
and any reference in any such provision to the commencement of this Act shall be
construed as a reference to coming into force of that provision.
Definitions 2. In this Act, unless the context otherwise requires, -
(a) "abadi" or “village abadi” means land as defined in section 4 of the Uttar
Pradesh Revenue code, 2006 - such area in a village which, on the date of commencement
of this Code, is being used for the purposes of residence of its inhabitants or for purposes
ancillary thereto such as sahan and green trees, wells etc. or which may have been or be
hereafter reserved for such use;
(b) “agency” means any Department of the State Government or a local authority
or any statutory Board, Corporation or any other authority established by the State
Government and entrusted with the powers and responsibility for grant or issue o f
clearances in connection with the setting up or operation of an enterprise in the State.
(c) “amenities” means basic and essential services including but not limited to
road, bridge, by-pass and underpass, drainage, water supply, collection-treatment-
discharge and disposal of industrial, institutional and township waste, health, education,
transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality,
recreation, industrial parks, townships, institutional areas and other facilities o f
conveniences as the Board may specify;
(d) “Board” means the apex governing board constituted under section 7 of this
Act.
(e) "building" means any structure or erection, or any part of a structure or
erection which is intended to be used for residential, industrial, commercial or other
purposes whether in actual use or not;
(f) “clearances” means grant or issue of no objection certificate, allotment,
consent, approval, permission, registration, enrolment, licence by any authority in
connection with the setting up of enterprise in the State or expansion of existing enterprise.
(g) “concession agreement” shall have the same meaning as assigned to it in the
Public Private Partnership Projects;
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(h) “developer” means a person or entity with whom a concession agreement is
entered into or a project has been awarded and such other agreement is entered into for
furtherance of the objectives of this Act;
(i) "development", with its grammatical variations and connotations, means the
carrying out of building, engineering, mining or other operations in, or over, or under any
land (including land under river, lake or any other water) or the making of any material
change in any building or land or in the use of any building or land, and includes re-
development and lay-out, and sub-division of any land and also the provision of public and
civic facilities and projects and schemes for development of agriculture, horticulture,
floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding,
fisheries and other similar activities, and 'to develop' shall be construed accordingly;
(j) "development scheme" means a scheme for the purpose of implementation of
Master Development Plan or Zonal Development Plan or to provide for development of
any area.
(k) "economic activity" means the activity and service relating to market
transactions, including industrial and commercial sectors such as manufacturing, power,
water, financial, processing, packaging, retail and wholesale trade, logistics, transport,
tourism, hospitality, health, housing, entertainment, research, development, education,
training, skill development, information and communication, management, consultancy
and such other activities and services.
(l)“Government” means the State Government of Uttar Pradesh;
(m) “Government agency” means a Corporation or a body owned or controlled by
the State Government or an authority established by or under any law of the State an d
includes a local authority and a Government Company formed under the Companies Act,
2013 (Act no. 18 of 2013);
(n) “industrial area” shall have the same meaning as assigned to it in the Utta r
Pradesh Industrial Area Development Act, 1976 (U.P. Act no. 6 of 1976);
(o) "infrastructure facility" means road, bridge, bypass, underpass, water supply,
drainage, collection-treatment-discharge and disposal of industrial, institutional and
township waste, transport, electricity, post, telecommunication, disaster management, gas
pipeline, and such other facility and includes any kind of public and civic facility;
(p) “infrastructure project” means any project or facility, utility, amenity or service
which is required for desirable, smooth, productive and efficient functioning of the
NIRMAN Kshetra and includes such project within the NIRMAN Kshetra, connecting the
NIRMAN Kshetra or required for it;
(q) “local authority” means a Panchayati Raj Institution, a municipality, Utta r
Pradesh Housing Board, an Urban Improvement Trust, or a Development Authority
constituted byor under any Uttar Pradesh law;
(r) "municipal services" means arrangement for public health, sanitation, solid
waste management, drainage and sewerage, cleaning public streets or places, sewers and
drains, lighting public streets or places, extinguishing fires, regulating offensive or
dangerous trades or practices, removing obstructions and projections in public streets o r
places, securing or removing dangerous buildings, regulating disposal of carcasses of dead
animals, naming streets and numbering houses, regulating the movement of dogs, cattle
and other animals, and includes arrangement for such other services as are provided by a
municipality in a municipal area;
(s) “NIRMAN Kshetra” means an industrial area declared under section 3 of this
Act;
(t) "NIRMAN Kshetra Authority" means a regional development authorit y
constituted for the NIRMAN Kshetra under section 10 of this Act.
(u) “NIRMAN Kshetra Committee” means the governing committee of the
NIRMAN Kshetra authority as constituted in section 12 of this Act.
(v) “occupant” means a person who is in the legal possession of a site or building
in the NIRMAN Kshetra and includes his successor, transferee and assignee;
(w) "periphery" means the adjoining area of a NIRMAN Kshetra declared as such
under section 4 of this Act.
(x) “person” means and includes an individual, an entity, a company, firm,
organization, association, society, establishment, institution including Government agency,
carrying on business or economic activity in the NIRMAN Kshetra or entrusted with any
work under the provisions of this Act;
(y) “prescribed” means prescribed by rules made by the Government under section
48 of this Act;
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(z) "public and civic facility" means open space, garden, zoological garden, natural
reserve, sanctuary, play ground, stadium, recreation ground, public assembly ground,
theater, place for public gathering or entertainment, museum, art gallery, public lavatory,
green belt, housing, school, college and other educational institution, hospital and other
health and medical facility, social welfare and cultural facility, parking facilities and all
other kind of facility for public and civic purpose as may be prescribed.
(aa) "rules" means the rules made by the Government under section 48 of this
Act;
(bb) “regulations” means the regulations of the Board made under section 49 of
this Act;
(cc) "stipulated time" means the maximum time as notified by the Government
from time to time to provide clearance, or to adjudicate on any appeal presented before the
Appellate Authority."
(dd) “unit” means a unit set up by a person for the purpose of carrying on any
economic activity in NIRMAN Kshetra and includes an existing unit whether established
before or after the commencement of this Act;
(ee) “user charges” mean the charges levied by the Regional development
authority, a developer or any other entity authorized for thatpurpose under this Act.
CHAPTER II
DECLARATION OF NIRMAN KSHETRA
Declaration of
NIRMAN
Kshetra
3. (1) The State Government may, by notification in the Official Gazette, declare
any area of land, including an industrial area to be a NIRMAN Kshetra:
Provided that the area declared should not be less in size than such minimum area
as is notified by the Government from time to time.
(2) Every notification issued under sub-section (1) shall be laid before the State
Legislature as soon as may be after it is issued.
(3) Upon any area being declared as NIRMAN Kshetra under the provision of
this Act, such area including its periphery, if included in the master plan or the zonal
development plan under the Uttar Pradesh Industrial Area Development Act, 1976 or
Uttar Pradesh Urban Planning and Development Act, 1973, or any 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.
Declaration of
periphery
4. (1) The State Government may, by notification in the Official Gazette, declare
such of the outer area on any side adjoining a NIRMAN Kshetra, to be the periphery of
the NIRMAN Kshetra as it deems fit.
(2) On declaration of an area under sub-section (1) as periphery of a NIRMAN
Kshetra, -
(a) the NIRMAN Kshetra Authority of the NIRMAN Kshetra shall be the
NIRMAN Kshetra Authority for the periphery of the NIRMAN Kshetra;
(b) the powers and functions of the NIRMAN Kshetra Authority, Committees
and the Board shall extend to the periphery of the NIRMAN Kshetra.
(3) In order to regulate the developments in the periphery area, the NIRMAN
Kshetra Authority may prepare separate Master Development Plan and Development
Scheme for the periphery area in accordance with the provisions of this Act.
NIRMAN
Kshetra to be an
industrial
township
5. (1) Notwithstanding anything contained to the contrary in any Uttar Pradesh
Act, where a NIRMAN Kshetra including its periphery 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 NIRMAN Kshetra 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
NIRMAN Kshetra 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 assigned to them in Part IX of the Constitution.
(2) On and from the date of notification under sub-section (1), subject to
prior permission and any general or special orders which the State Government may
make in this regard, the NIRMAN Kshetra Authorityshall Act as the authorityfor local
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administration, taking decisions and steps for assessment, imposition, and recovery of
taxes under this section, for the said region and no other local authority shall have
jurisdiction for this purpose.
(3) The assessment, imposition, and recovery of property tax under this Act by
the NIRMAN Kshetra Authority shall be in such manner, as may be prescribed.
(4) Defined percentage of the property tax collected by the NIRMAN Kshetra
authority shall be remitted to the Local Authority from which the area of NIRMAN
Kshetra is carved out. This percentage shall be defined by the NIRMAN Board from time
to time.
6. (1) A NIRMAN Kshetra declared under this Act and the periphery thereof
except the abadi area, including land set apart for development of abadi, of a village and
the municipal area, shall cease to be under the jurisdiction of a local authority to the extent
it relates to the provisions made in this Act.
NIRMAN
Kshetra to be
out of
jurisdiction
of local
authority
(2) While preparing the Master Development Plan for the NIRMAN Kshetra, the
Regional Development Authority shall take into account the development plan, if any,
prepared by the respective local authorities
CHAPTER III
NIRMAN KSHETRA BOARD
7. (1) As soon as may be after the commencement of this Act, the State
Government may, by notification in the OfficialGazette, establish a “Board” to be called
the NIRMAN Kshetra Board with effect from such date as may be specified in the
notification.
Establishment
of Board
(2)The headquarters of the Board shall be at Lucknow or at such other place as
the State Government may, by notification in the Official Gazette, specify.
(3) The State Government shall provide such officers and servants to the Board as
it may consider necessary for the efficient discharge of functions of the Board.
(4) The Board may obtain from the State Government, a Government agency, a
NIRMAN Kshetra Authority, a local authority or a developer, any information which is
required for performing its functions under this Act.
(5) The Board shall consist of a Chairperson, Vice-Chairperson, Member-
Secretary, and such number of members as prescribed in sub-section (10) of section 7 of
this Act.
(6) The Chairperson, Vice-Chairperson and every other member of the Board
shall hold office during the pleasure of the State Government.
(7) No Act or proceeding of the Board shall be invalid merely by reason of any
vacancy therein or any defect in the constitution thereof.
(8) The Board may associate with itself any person whose assistance or advice is
required in performing any of its functions under this Act.
(9) The remuneration, allowance and other conditions of service of the members
of the Board shall be such as may be prescribed by the rules.
(10)The constitution of the Board shall be as follows:-
Chairperson Chief Minister of Uttar Pradesh
Vice Chairperson Minister for Industrial Development, Uttar Pradesh
Member Minister of Micro Small and Medium Enterprises, Uttar Pradesh
Member Minister of Revenue, Uttar Pradesh
Member Minister of Labour and Employment, Uttar Pradesh
Member Minister of Finance, Uttar Pradesh
Member Chief Secretar y, Government of Uttar Pradesh
Member Infrastructure & Industrial Development Commissioner,
Government of Uttar Pradesh
Member
Additional Chief Secretary /Principal Secretary, Micro Small and
Medium Enterprises Department, Government of Uttar Pradesh
Member Secretary Principal Secretary, Infrastructure & Industries Department,
Government of Uttar Pradesh
Member Chairman, Board of Revenue
Member Additional Chief Secretary/Principal Secretary, Labour and
Employment Department
Member Chief Executive Officers, NIRMAN Kshetra Authorities
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Powers and
functions of the
Board
8. The Board shall have the following powers and functions, namely:-
(1) to exercise all powers conferred on it and discharge all functions
assigned to it for any NIRMAN Kshetra declared under the provisions of this Act.
(2) to identify difficulties in development of NIRMAN Kshetra in the State
and to make recommendations on any matter or proposal requiring action by the State
Government, Central Government, any Government agency, or the National Capital
Region Planning Board including coordination with them for achieving the purposes
of this Act or in furtherance of the objects thereof, including making of or
amendments to any policy or law;
(3) to propose, with recommendations, to the State Government,for making
such provisions as may be necessary for proper development, operation, regulation,
and management of NIRMAN Kshetra
(4) to facilitate provision of timely clearances and approvals by the
NIRMAN Kshetra Authority
(5) to promote the development of NIRMAN Kshetra and the periphery and
issue necessary instructions to the agencies involved;
Appointment of
Executive
Committee and
other committees
9. (1) The Board may appoint an Executive Committee and such other
committees and sub-committees consisting of such number of members for efficient
performance and exercise of its powers conferred under this Act, as may be specified
by regulations.
(2) The executive committee would be chaired by the Chairperson of the
Board, unless otherwise specified by the Board.
CHAPTER IV
NIRMAN KSHETRA AUTHORITY
Constitution of
NIRMAN Kshetra
Authority
10. (1) The State Government may, by notification in the Official Gazette,
constitute a NIRMAN Kshetra Authority for a NIRMAN Kshetra, which shall be a
body corporate, having perpetual succession and a common seal, with power to
acquire, hold and dispose of movable and immovable property and to contract, and by
its name, to sue and be sued.
(2) Notwithstanding anything contained in sub-sections (1), (3),(5),(6), the
State Government may, by notification in the Official Gazette, constitute a NIRMAN
Kshetra Authority for a NIRMAN Kshetra by designating an existing development
authority or any other Government agency or Government Company as the NIRMAN
Kshetra Authority for that NIRMAN Kshetra.
(3) The remuneration, allowances, and other conditions of service of the
non-official members of NIRMAN Kshetra Authority as well as the “NIRMAN
Kshetra committee” shall be such as may be prescribed by rules.
(4) The NIRMAN Kshetra Authority shall consist of the following:-
(a) Chief Executive Officer to be appointed by the State Government:
Provided that the officer is not below the rank of Secretary.
(b) two or more Additional CEO’s to be appointed by the State
Government
(c) twoex-officialsof the Central Government or Pollution Control
Board, who have experience in dealing with Environmental aspects.
(d) two representatives from the industry or service or business sector
to be nominated by the State Government.
(e) members on deputation from respective “agency” of the State
Government to carry out the functions of the Act and to grant clearances in a
time bound manner.
(f) other official or non-official members to be nominated or appointed
by the State Government.
(5) The headquarters of a NIRMAN Kshetra Authority shall be at such place
as the State Government may, by notification in the Official Gazette, specify.
(6) No act or proceeding of the NIRMAN Kshetra Authority shall be invalid
merely by reason of any vacancy therein or any defect in the constitution thereof.
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11. (1) The powers and the functions of the NIRMAN Kshetra Authority shall
be as follows –
(a) to secure planned development of the NIRMAN Kshetra and take steps
for its effective regulation and efficient management;
(b) to grant permission and approval, with or without modification, for any
economic activity to be established in the NIRMAN Kshetra and its periphery
including integrated development in large area in the NIRMAN Kshetra;
(c) to acquire, procure and hold land within the NIRMAN Kshetra by
purchase, land pooling, lease, exchange, agreement or any other legal means as
required to expediate the process;
(d) to procure land for the NIRMAN Kshetra in accordance with Chapter
IX;
(e) to give directions to any Government agency or persons functioning in
the NIRMAN Kshetra or the periphery thereof in matters pertaining to plans and
schemes prepared;
(f) to promote private sector participation in development and
implementation of Development Schemes;
(g) to raise finance from market including financial and multilateral
institutions;
(h) to allot land or to withdraw/ cancel allotment of land;
(i) to modify or cancel permission to develop subject to the provisions of
the Act and rules;
(j) to regulate the development activities in the NIRMAN Kshetra in
accordance with the plans and schemes prepared and the building regulations
made by the NIRMAN Kshetra Authority in this behalf;
(k) to enter upon any land or building to carry out surveys, make enquiry,
inspection, examination, or measurement, with due process as prescribed in the
rules;
(l) to make arrangements for observance and promotion of safety, order,
health and environmental safeguards, disaster management for the NIRMAN
Kshetra;
(m) to engage consultants or persons having special knowledge or skill to
assist it in performance of its functions;
(n) to negotiate and enter into any contract including by way of public
private partnership;
(o) to administer its funds;
(p) to constitute committees for proper regulation of traffic, environment,
building, land uses and any other purposes to achieve the objects of this Act;
(q) to subscribe for shares in a company with the prior approval of the
“NIRMAN Kshetra Committee” and enter into joint venture agreement with any
person or body upon such terms and conditions as may be approved by the State
Government;
(r) to enter into concession agreements with the approval of the State
Government;
(s) to accept grants and donations;
(t) to carry out surveys and prepare and execute plans and schemes prepared
for development of the NIRMAN Kshetra
(u) to classify, earmark, demarcate and develop the NIRMAN Kshetra and
the periphery for purposes and usages, inter alia, for any economic activity,
infrastructure facility including housing and industrial areas and public and civic
facility and to encourage and promote aesthetics, efficiency and generate revenues
in the process of development;
(v) to ensure provision of sufficient infrastructure facility and public and
civic facility and to make sustainable arrangements for adequate maintenance
thereof;
Powers and
functions of
NIRMAN
Kshetra
Authority
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(w) to conduct, prepare and assess the techno-commercial, economic and
environmental feasibility studies relating to infrastructure projects;
(x) to regulate, grant, suspend, withdraw or cancel approvals and permissions
for economic activity in accordance with the provisions of this Act.
(y) to remove encroachments and constructions not duly authorized or which
are made in violation of this Act or rules or regulations made thereunder.
(z) to update NIRMAN Kshetra Board and/ or NIRMAN Kshetra Committee
on planning, development, operation, maintenance, management and regulation of the
NIRMAN Kshetra and its projects and implement the directions, policies, guidelines
and parameters issued by the State Government and the Board on matters relating
thereto;
(aa) to draft rules under such Acts which shall be applicable to the NIRMAN
Kshetras and their periphery only, using powers given to the State Government under
the respective State and Central Acts, rules, regulations, notifications, as the case may
be and submit to State Government for approval
(bb) to draft the regulations on matters specified in section 49;
(cc) to globally market the NIRMAN Kshetra and its projects
(dd) to provide public and civic facilities within the NIRMAN Kshetra;
(ee) to provide municipal services within the NIRMAN Kshetra;
(ff) to plan, develop, operate, maintain, manage and regulate the periphery in
accordance with the provisions of this Act;
(gg) to provide urban transport facility for the NIRMAN Kshetra;
(hh) to levy and collect such fees, development charges, or user charges as
may be ascertained and fixed by the NIRMAN Kshetra Authority. The NIRMAN
Board or NIRMAN Kshetra Committee may from time to time suggest changes,
recommendations on said fees, user charges;
(ii) to appoint such officers and staff subordinate to the NIRMAN Kshetra
Authority as it may consider necessary for the efficient discharge of its functions, on
such conditions of appointment and service and with such powers, functions and duties
as it may determined by the provisions of the Act and the regulations thereunder; and
(jj) to exercise such other powers and discharge such other functions as may
be necessary or expedient to carry out provisions of this Act and such other functions
as may be assigned to it by the State Government or the Board.
(2) Notwithstanding anything contained in the relevant Acts, rules or any
existing instructions of the State Government, the NIRMAN Kshetra Authority may
frame its own general development regulations and the same shall prevail for
developments in the NIRMAN Kshetra;
(3) For the purpose of this section and with any other requirement for proper
planning, management and development of the NIRMAN Kshetra, the NIRMAN
Kshetra Authority may issue such direction or instruction as it may consider necessary
to any person, unit, entity, developer or any other stakeholder in the NIRMAN Kshetra
and the person, unit, entity, developer or the stakeholder, as the case may be, shall be
bound by such directions or instructions.
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CHAPTER V
NIRMAN KSHETRA COMMITTEE
12. (1) The State Government may, by notification in the Official Gazette,
constitute a “NIRMAN Kshetra Committee” which shall consist of the following as
appointed by the State Government:-
Chairperson Infrastructure and Industrial Development
Commissioner, Government of Uttar Pradesh
Vice Chairperson Principal Secretary, Infrastructure and Industrial
Development Department, Government of Uttar Pradesh
Member Additional Chief Secretary/ Principal Secretary,Finance
Department, Government of Uttar Pradesh
Member Additional Chief Secretary/ Principal Secretary, Stamp
and Registration Department, Government of Uttar
Pradesh
Member Additional Chief Secretary/ Principal Secretary, Public
Works Department, Government of Uttar Pradesh
Member Additional Chief Secretary/ Principal Secretary, Housing
and Urban Planning Department, Government of Uttar
Pradesh
Member Divisional Commissioners of the Divisions in which
NIRMAN Kshetra falls
Member District Magistrates of the Districts in which Nirman
Kshetra falls
Member Secretary Chief Executive Officer, NIRMAN Kshetra Authority
13. (1) The “NIRMAN Kshetra Committee” shall have the following powers
and functions:-
(a) sanction, reject, amend, or return with recommendations/ suggestions to the
draft master plan submitted by the NIRMAN Kshetra Authority for approval;
(b) monitor the development of NIRMAN Kshetra and exercise powers of
appellate authority as given to it under this Act;
(c) exercise powers to grant relevant approvals as given to it under this Act.
Constitution of
NIRMAN Kshetra
Committee
Powers and
functions of
NIRMAN Kshetra
Committee
14. (1) The NIRMAN Kshetra Committee shall be the “Appellate Authority”
for the purposes of this Act.
(2) Any person aggrieved by the decision of the NIRMAN Kshetra Authority
may within a period of thirty days from the date of receipt of communication of the
decision of the Committee, appeal to the appellate authority in such manner, as may be
prescribed.
(3) The appellate authority shall, after following such procedure as may be
prescribed, dispose of the appeal within the period of one month from the date of its
receipt.
Appellate
Authority
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CHAPTER VI
NIRMAN KSHETRA AUTHORITY
TO FACILITATE EASE OF DOING BUSINESS
Constitution of
committees
15. The NIRMAN Kshetra Authority may constitute an Executive Committee
and such other committees consisting of such number of its members for performance
of its functions as may be specified by regulations:
Provided that the core functions of the NIRMAN Kshetra Authority such as
preparation of the development plan, town planning scheme and the general
development regulations shall not be delegated to any committee of the NIRMAN
Kshetra Authority.
16. (1) The NIRMAN Kshetra Authority shall exercise, within the NIRMAN
Kshetra and its periphery, all powers of any “agency” as devolved upon the agency
under respective Acts, rules or regulations or notifications, if any, regarding grant of
clearances and incentives in time bound manner and specifically mention such powers
in the rules prescribed.
(2) The “agency” shall devolve its power to the members of the NIRMAN
Kshetra Authority for grant of clearances and incentives under its respective Acts,
rules or regulations, notifications, if any, as may be prescribed.
(3) In case any agency is unable to devolve its power to the NIRMAN
Kshetra Authority, it shall delegate such powers to its officer deputed in the NIRMAN
Kshetra Authority.
(4) The NIRMAN Kshetra Authority shall perform the following functions
within the NIRMAN Kshetra to facilitate ease of investment, namely: -
(a) to adopt such procedure for transaction of its business, as may be
prescribed;
(b) to process online composite application forms for grant of clearances for
setting up of new projects or expansion of existing units with such proposed
investments, as may be prescribed.
(c) to inform the entrepreneur the date on which such application may be
deemed to have been approved in the case of deemed clearances;
(d) to Act as single point agency for resolution of issues pertaining to
multiple departments and settling the inter-departmental disputes of the existing
industrial units;
(e) to carry out such other functions, as may be assigned to it by the
NIRMAN Board or the State Government.
(5) The NIRMAN Kshetra Authority shall be the final authority for granting
clearances. The clearances given by the NIRMAN Kshetra Authority shall be binding
on the agency concerned.
(6) The NIRMAN Kshetra Authority may appoint from time to time, any sub-
committee under the Chairmanship of the Chief Executive Officer to assist it in
carrying out its functions and to facilitate investment in the NIRMAN Kshetra.
NIRMAN Kshetra
Authority to grant
clearances
Deemed
clearances
17. (1) Upon failure of the NIRMAN Kshetra Authority to issue clearance to
any legitimate application filed in compliance with the relevant Acts or rules, policy,
guidelines, within the stipulated time, the application shall be deemed to have been
issued with such clearance.
(2) Notwithstanding anything contained in sub-section (1), the NIRMAN
Kshetra Authority may, within the first thirty days of the submission of the completed
application, ask for additional information from the applicant:
Provided that such request for additional information shall be made only
twice by the NIRMAN Kshetra Authority.
(3) In case the additional information furnished by the applicant to the
NIRMAN Kshetra Authority is found to be insufficient or unsatisfactory upon
scrutiny, the NIRMAN Kshetra Authority shall be at liberty to reject the application
within the stipulated time by issuing an order in writing by giving reasons for rejecting
the application:
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18. (1) As soon as may be after the constitution of a NIRMAN Kshetra
Authority for a NIRMAN Kshetra, the NIRMAN Kshetra Authority shall, subject to
general or specific directions of the State Government or the Board, carry out, or
appoint an agency as it may deem fit to conduct a civic survey and prepare an existing
land use map and prepare a draft Master Development Plan for the area declared as the
NIRMAN Kshetra and the periphery, if any, in accordance with the provisions of this
Act.
(2) The NIRMAN Kshetra Authority shall on preparation of the Draft Master
Development Plan for the NIRMAN Kshetra invite comments, objections and
suggestions from the NIRMAN Kshetra Board, the State Government and public. The
NIRMAN Kshetra Authority may consider the comments and may incorporate such
changes as it may deem fit in the draft master development Plan.
(3) The “NIRMAN Kshetra Committee” may, by notification in the Official
Gazette sanction the draft Master Development Plan submitted to it, either without
modification, or subject to such modifications as it may consider proper or return the
draft Master Development Plan to the NIRMAN Kshetra Authority for modifying the
Master Development Plan as it may direct, or refuse to accord sanction and direct the
NIRMAN Kshetra Authority to prepare a fresh Master Development Plan.
(4) The NIRMAN Kshetra Committee shall decide on the draft master
development within sixty days from the date of preparation of the draft master
development plan in accordance with provisions of sub-section (3).
Preparation of
Master
Development Plan
Provided that in case no order is issued within the stipulated time by
theNIRMAN Kshetra Authority, the application shall be deemed to have been issued
clearance.
(4) The deemed clearance shall, for all intents and purposes, carry the weight
of a clearance granted by the NIRMAN Kshetra Authority under the relevant Act or
any rules, policy, guidelines framed thereunder.The NIRMAN Kshetra Authority shall
provide an automatically generated certificate through an online portal on the day any
application is deemed to have been issued clearance.
(5) All clearances granted under the relevant Act or any rules, policy,
guidelines framed thereunder, shall automatically be renewed on submission of an
undertaking by the applicant that there is no change in the parameters against which
renewal is sought and on submission of requisite fee: Such renewals shall be online,
automatic, and non-discretionary.
(6) NIRMAN Kshetra Authority may, through an order issued in writing,
delineating the reasons thereof, revoke the deemed clearance granted under section 17,
within an inspection period, as defined by the NIRMAN Board from time to time for
each clearance, from the grant of deemed clearance, if any submission made by the
applicant in the Common Application Form or any supporting document is found to
be false or fraudulent, or the applicant’s business being run or established on the basis
of deemed clearance issued by the Government is found to be in violation of any
provision of the relevant Act or any rules, policy, guidelines framed thereunder, and
such a fact is brought to the notice of the Department or agency concerned.
(7) The provisions contained in section 17 shall not debar the NIRMAN
Kshetra Authority from carrying out inspections with due process to ensure
compliance of conditions of the relevant Act or any rules, policy, guidelines framed
thereunder.
CHAPTER VII
PLANNING FOR THE NIRMAN KSHETRA
MASTER DEVELOPMENT PLAN
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Applicability of
existing Master
Development Plans
19. (1) If, before the coming into force of this Act, the State Government has
notified a Master Development Plan for any area of the NIRMAN Kshetra, the Master
Development Plan prepared by that agency, with such alterations and modifications as
the NIRMAN Kshetra Authority may consider appropriate, shall be the Master
Development Plan for that area of the NIRMAN Kshetra after sanction from the
“NIRMAN Kshetra Committee”.
(2) If any area of any local authority is included in the NIRMAN Kshetra, the
Master Development Plan prepared by that local authority or the development
authority shall, with such alterations and modifications as the NIRMAN Kshetra
Authority may consider appropriate, be the Master Development Plan for that area of
the NIRMAN Kshetra after sanction by the “NIRMAN Kshetra Committee”.
20. (1) A NIRMAN Kshetra Authority may give directions to any
Government agency or person, with regard to implementation of any plan or scheme
prepared under this Chapter, as it thinks fit and such agency or person shall be bound
to comply with such directions.
(2) Where any direction is given to any agency or person under
sub-section (1), such Government agency or person may, within fifteen days from the
date of receipt of such direction, appeal to the NIRMAN Kshetra committee against
such direction, and the decision of the NIRMAN Kshetra committee thereon shall be
final.
(3) A NIRMAN Kshetra Authority shall exercise such powers as may be
necessary to ensure that every plan and scheme sanctioned under this Chapter is
executed in the interest of achieving the purposes of this Act.
Power to give
directions to
Government
agency
CHAPTER VIII
PROCEDURE FOR SETTING UP OF UNITS
IN THE NIRMAN KSHETRA AND ITS PERIPHERY
Setting up of units
and amenities in
the NIRMAN
Kshetra
21. (1) The NIRMAN Kshetra Authority shall be the single point of contact
for approvals for starting any economic activity or setting up a unit, amenity or
infrastructure in the NIRMAN Kshetra and shall also be the nodal agency for
providing single window clearance.
(2) On approval of the proposal, the NIRMAN Kshetra Authority or the
agency specified by it shall issue a letter of approval to the person who has made a
proposal under this section.
(3) After issuance of the letter of approval, the NIRMAN Kshetra Authority
or the agency specified by it, shall offer the concerned part of the land, premises,
facilities or amenities to the concerned unit or person.
(4)The NIRMAN Kshetra Authority or the agency specified by it may offer
the package, scheme or incentives for an economic activity, amenity or infrastructure
in the NIRMAN Kshetra as per existing policy or direction of the State Government.
(5)“NIRMAN KshetraAuthority” may, depending upon the availability of
land and/or building and the requirements of the person who has received a letter of
approval, allot land and/or building and allow the applicant to use the infrastructure
facility and public and civic facility in accordance with this Act.
Project
development
agency
22. The NIRMAN Board may set up or designate a “Government agency”,
including a Government company, formed under the Companies Act, 2013 (Act no. 18
of 2013) as the project development agency and assign it the powers and functions
relating to project development of a NIRMAN Kshetra and its periphery.
Transfer of
possession of
assets to the
Government
company for
infrastructure
development
23. (1) The NIRMAN Kshetra Authority may transfer the possession of its
assets, including the land granted by the State Government, its agencies or local
authority, as the case may be, to a Government company for development of
infrastructure and amenities in the NIRMAN Kshetra, with the approval of NIRMAN
Kshetra Committee.
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24. The NIRMAN Kshetra Authority may enter into agreement with a
developer for carrying out any project or work in the NIRMAN Kshetra.
Agreement with
developer
25. A person or an entity, having under his possession, the minimum
contiguous area in the NIRMAN Kshetra as specified by the Board, from time to time
and intending to undertake integrated development of the said area with economic
activity and amenities, may apply to the NIRMAN Kshetra Authority or the agency
specified by it:
Provided that such development shall be subject to the development plan,
the general development regulations and such other conditions as the NIRMAN
Kshetra Authority or the agency specified by it, may deem fit.
Integrated
development of a
large area in the
NIRMAN Kshetra
CHAPTER IX
LAND PROCUREMENT
26. (1) Notwithstanding anything contained in the Uttar Pradesh Revenue
Code 2006 (Act no. 8 of 2012), the land excluding private and non-government land,
situated in a NIRMAN Kshetra, shall(except abadi area and the land set apart for
development of abadi of a village and the municipal area and the land vested in any
local authority by virtue of a State Act prior to the commencement of this Act),
immediately on constitution of the NIRMAN Kshetra Authority under section 10, be
deemed to have been vested in and placed at the disposal of the NIRMAN Kshetra
Authority on behalf of the State Government and the NIRMAN Kshetra Authority may
use the same for the purposes of this Act and may dispose of the same subject to such
conditions as the State Government may, from time to time, lay down and in such
manner, as it may, from time to time, prescribe by rules, -
(a) without undertaking or carrying out any development thereon; or
(b) after undertaking or carrying out such development as it thinks fit, to
such person, in such manner and subject to such covenants and conditions, as it may
consider proper.
(2) If the State Government is satisfied that any land vested in any local
authority or Department of the State Government is required at any time by the
NIRMAN Kshetra Authority for carrying out its functions, it may, notwithstanding
anything contained in any Uttar Pradesh law, by notification in the Official Gazette,
place such land at the disposal of the NIRMAN Kshetra Authority on such terms and
conditions as it may deem fit:
Provided that before taking any action under this sub-section, the State
Government shall give an opportunity of hearing to the local authority concerned.
(3) If any land vested in the NIRMAN Kshetra Authority is required at any
time by any local authority for carrying out its functions or by the State Government
for any other purpose, the State Government may, by notification in the Official
Gazette, place such land at the disposal of such local authority or any Department of
the State Government on such terms and conditions as it may deem fit:
Provided that before taking any action under this sub-section, the State
Government shall give an opportunity of hearing to the NIRMAN Kshetra Authority
concerned.
(4) The State Government may, for the purposes of this Act, acquire land in
accordance with the provisions of the law or policy relating to land acquisition, in
force, at the time of acquisition.
(5) The State Government may transfer land owned, acquired, or controlled
by it to the NIRMAN Kshetra Authority for the purposes of this Act as per laws
relating to land revenue.
Vesting of land in
the NIRMAN
Kshetra Authority,
and its disposal
(2) Public assets, including land and rights thereon shall be given possession
or conferred to a private entity for a project as per agreement or as the case may be, for
the purpose of development of infrastructure and amenities in the NIRMAN Kshetra as
per the concession agreement approved under Public Private Partnership guidelines.
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