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UTTAR PRADESH INDUSTRIAL AREA DEVELOPMENT ACT, 1976
(1) This Act may be called the Uttar Pradesh Industrial Area Development Act, 1976.
(2) It extends to the whole of Uttar Pradesh.
[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.
[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[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,
[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
residen
1 [ 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. ]
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:
1 [ 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 fi
[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 ;
[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]
[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 :
[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 intend
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.
1 [[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
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, ton 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. ]
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. ]1
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
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
[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.
[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.
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.
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 ;
1 [ [C-1] digging or boring into the sub soil ;
1 [16-A. Any person who obstructs the entry of a person authorized under section 16 upon any land or building shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
[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.
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.
The State Government may by notification, make rules for carrying out the purposes fo this Act.
[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 permiss
In this Act,
(a) "amenities" includes 1[roads, bridges,flyovers, underpasses] water supply, street lighting, power supply, sewerage, drainage,collection, treatment and disposal of industrial waste and town refuse 2[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 ;
2[ [b-1] "building" includes any structure or erection or part thereof which is used or is capable of
1[[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.
1[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 s
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,— Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976 (UPIAD Act) is a pivotal provision that deals with the powers and functions of the State Government in relation to industrial development areas. It incorporates provisions from the U.P. Urban Planning and Development Act, 1973, by reference, and plays a crucial role in the planned development, regulation, and control of industrial areas in Uttar Pradesh. The section has been the subject of numerous judicial interpretations, particularly concerning its constitutional validity, the powers it vests in the State Government, and its interplay with other statutory frameworks. Section 12 of the UPIAD Act primarily deals with the following aspects:- It incorporates by reference the provisions of the U.P. Urban Planning and Development Act, 1973, specifically Chapter VII and Sections 30, 32, 40 to 47, 49, 50, 51, 53 and 58, making them applicable to the UPIAD Act mutatis mutandis.- It provides for the power of the State Government to control and direct the Industrial Development Authority.- It deals with the declaration of areas as industrial development areas and the exclusion of such areas from the purview of Panchayati Raj institutions.- It provides a mechanism for the State Government to call for records and issue directions to the Authority or Chairman for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued. Based on the judicial interpretations, the essential ingredients of Section 12 include:- Incorporation by ** Section 12 incorporates provisions of the U.P. Urban Planning and Development Act, 1973, making them applicable to the UPIAD Act. [Source: SATENDRA KUMAR VS VICE CHANCELLOR DR. B. R. AMBEDKAR UNIVERSITY AGRA - 2010 0 Supreme(All) 2753]- Power of State Government Control: It empowers the State Government to issue directions to the Industrial Development Authority for efficient administration. [Source: SATENDRA KUMAR VS VICE CHANCELLOR DR. B. R. AMBEDKAR UNIVERSITY AGRA - 2010 0 Supreme(All) 2753]- Exclusion from Panchayat Area: It allows the legislature to exclude an area from the Panchayat area once it is designated as an industrial township. [Source: RAKAM SINGH VS STATE OF U. P. - 2015 0 Supreme(All) 429]- Power to Call for Records: The State Government may call for the records of any case disposed of or order passed by the Authority or Chairman to satisfy itself as to the legality or propriety of any order. [Source: NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY VS SARVPRIYA SEHKARI AVAS SAMITI LTD. - 2013 0 Supreme(SC) 353]- Overriding Effect:** The Act has an overriding effect over the provisions of the 1973 Act. [Source: I. T. C. LTD VS STATE OF UTTAR PRADESH - 2008 0 Supreme(All) 1160] The scope of Section 12 is broad and encompasses:- Constitutional Validity: The constitutional validity of Section 12-A (which is related to the declaration of industrial development areas) has been upheld. The court held that the legislature had chosen to enact a general provision of the nature in Section 12-A not affecting the legitimacy of the statutory enactment. [Source: RAKAM SINGH VS STATE OF U. P. - 2015 0 Supreme(All) 429]- Applicability to Development Authorities: Section 12 makes the provisions of the U.P. Urban Planning and Development Act, 1973 applicable to the UPIAD Act, thereby bringing industrial development areas under the regulatory framework of the 1973 Act. [Source: SATENDRA KUMAR VS VICE CHANCELLOR DR. B. R. AMBEDKAR UNIVERSITY AGRA - 2010 0 Supreme(All) 2753, Allure Developers Private Limited VS State of U. P. - 2022 0 Supreme(All) 1652]- Control by State Government: The section serves as a mechanism for the State Government to exercise control over the Industrial Development Authority, ensuring that the Authority acts within the bounds of the law and the directions issued by the State Government. [Source: SATENDRA KUMAR VS VICE CHANCELLOR DR. B. R. AMBEDKAR UNIVERSITY AGRA - 2010 0 Supreme(All) 2753, NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY VS SARVPRIYA SEHKARI AVAS SAMITI LTD. - 2013 0 Supreme(SC) 353]- Quashing of Orders: The High Court can exercise its power under Article 226 to quash orders passed by the Authority or Chairman if they are found to be illegal or improper. [Source: Pan Realtors Pvt. Ltd. VS State Of U. P. Thr. Addl. Chief Secy. Infra. & Industrial Dev. - 2021 0 Supreme(All) 1270] While Section 12 itself does not prescribe direct punishments, it creates a framework for regulatory action and control. The consequences for violations of the provisions incorporated by reference or the directions issued under Section 12 can include:- Quashing of Orders: Orders passed by the Authority or Chairman can be quashed by the High Court if they are found to be illegal or in excess of jurisdiction. [Source: Pan Realtors Pvt. Ltd. VS State Of U. P. Thr. Addl. Chief Secy. Infra. & Industrial Dev. - 2021 0 Supreme(All) 1270]- Directions for Compliance: The State Government can issue directions to the Authority or Chairman to comply with the law, and failure to do so can result in legal action. [Source: SATENDRA KUMAR VS VICE CHANCELLOR DR. B. R. AMBEDKAR UNIVERSITY AGRA - 2010 0 Supreme(All) 2753]- Prosecution: In cases of violations of building regulations or other provisions, prosecution can be initiated under the relevant sections. [Source: Supertech Limited VS Emerald Court Owner Resident Welfare Association - 2022 3 Supreme 232]
[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.Legal Comments on Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976
Introduction
What Does Section 12 Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
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