Bihar Industrial Area Development Authority (Amendment) Act, 2017

Jun 05, 2018 | by Avantis RegTech Legal Research Team

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General Compliance

The State Government of Bihar vide notification dated June 04, 2018  has notified  the Bihar Industrial  Area Development Authority(Amendment ) Act, 2017  to further amend  the Bihar Industrial Area Development Authority Act, 1974.

·         Section 2(2)(a) has  been amended as following:

“Amenity” include roads, water-supply, street lighting, drainage, sewerage, school, housing, hospital, common effluent treatment plant, provision of common facility Centre, solid waste management system and recreation facilities and such other convenience and facility as the State Government may, by Notification in the Official Gazette, specify to be an amenity for the purposes of this Act;

·         Sub section (c) and (d) shall be inserted after sub section 2(b) of section 6 as follows:

(c)     The Authority shall regularly identify unutilized buildable area in each plot with regard to the building regulations. The Authority shall issue notices to the plot holders in the Industrial Area calling upon them to furnish details in a prescribed form. Upon the submission of the report if the Authority is satisfied that the plot holder has not utilized the maximum buildable area of his plot even after 3 (three) years or any other period notified by the State Government, from the date of taking over the possession for the purpose for which the land was allotted, the unutilized portion shall be cancelled for accommodating another industry. The portion of the plot that is not being utilized by an allottee/ lessee be demarcated and taken over by the Authority for accommodating a new allottee/lessee.

(d)   Commencement of business on allotted plot or area: No person shall commence business until an Occupation Certificate is issued by the Authority after implementation of Detailed Project Report filed by the allottee, and in accordance with the Development Control Regulations of the Authority. The Authority shall permit any deviations in the Detailed Project Report, provided such deviations shall be intimated and approved by the Authority before any such deviation implementation has commenced on the plot.”

·         Section 12(1) has been amended as following:

“Any person who violates any order of the Authority in respect of removal of any structure or encroachment or uses any land or building in contravention of any Regulation framed by the Authority in this behalf shall be punishable with fine which may extend up to Rs. 5,00,000/- or 300% of all costs incurred by the Authority whichever is higher or simple imprisonment for a term which may extend to six months or both and in case of a continuing offence with further fine which may extend to Rs. 5,000/- for every day after conviction.”

[S.L.G. 01-30/2017-37]





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