Uttar Pradesh Nodal Investment Region for Manufacturing (NIRMAN) Kshetra Act, 2024 (U.P. Act no. 9 of 2024)
صدر في 2024-08-12 · النص بتاريخ 2026-10-01
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- اللغة
- English
- النوع
- قانون
- الدولة
- الهند · Uttar Pradesh
- الموضوعات
- Agricultural and rural development, Livestock, Fisheries and aquaculture, Forestry, Land and soil
- الكلمات المفتاحية
- business/industry/corporations, investment, agricultural development, cattle, poultry, swine, birds, authorization/permit, classification/declassification, alternative dispute settlement, environmental audit, fees/royalties, financing, governance, inspection, institution, land consolidation, land-use planning, lease, liability/compensation, monitoring, offences/penalties, private land, public private partnership (PPP), risk assessment/management, survey/mapping, taxes, contracts, subsidy/incentive
- الفئات
- *
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النص
نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.
6. (1) A NIRMAN Kshetra declared under this Act and the periphery thereof Kshetra to be of abadi, of a village and except the abadi area, including land set apart for development out of the municipal area, shall cease to be under the jurisdiction extent of a local authority to the jurisdiction of local it relates to the provisions made in this Act. authority N Kshetra, the (2) While preparing the Master Development Plan for the NIRMA into account the develop ment plan, if any, Regional Development Authority shall take prepared by the respective local authorities CHAPTER 111 NIRMAN KSHETRA BOARD Establishment of this Act, the State
7. (1) As soon as may be after the commencement of Board establis h a “Board” to be called Government may, by notification in the Official Gazette, such date as may be specified in the the NIRMAN Kshetra Board with effect from notification. i or at such other place as (2)The headquarters of the Board shall be at Lucknow Gazette, specify. the State Government may, by notification in the Official (3) The State Government shall provide such officers and servants to the Board as dischar ge of function s of the Board. it may consider necessary for the efficient obtain from the State Governm ent, a Government agency, 2 (4) The Board may a developer, any information which is NIRMAN Kshetra Authority, a local authority or required for performing its functions under this Act. airperson, Member- (5) The Board shall consist of a Chairperson, Vice-Ch ed in sub-section (10) of section 7 of Secretary, and such number of members as prescrib this Act. other member of the Board (6) The Chairperson, Vice-Chairperson and every of the State Governm ent. shall hold office during the pleasure merely by reason of any (7) No Act or proceeding of the Board shall be invalid vacancy therein or any defect in the constitution thereof. whose assistance or advice is (8) The Board may associate with itself any person required in performing any of its functions under this Act. of service of the members (9) The remuneration, allowance and other conditions by the rules. of the Board shall be such as may be prescribed - (10)The constitution of the Board shall be as follows: Chairperson Chief Ministe r of Uttar Prades h pment. Uttar Pradesh Vice Chairperson | Minister for Industrial Develo Member Ministe r 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 Secretary, Government of Uttar Pradesh , Member Infrastructure & Industrial Development Commissioner Government of Uttar Pradesh Small and Member “Additional Chief Secretary /Principal Secretary, Micro ment of Uttar Pradesh Medium Enterprises Department, Govern & Industr ies Depart ment, Member Secretary | Principal Secretary, Infrastructure Government of Uttar Pradesh Member Chairman, Board of Revenue Member “Additional Chicf Sceretary/Principal Secretary. Labour and Employment Department Member Chief Executive Officers, NIRMAN Kshetra Authorities 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 24 IR T FHERY Toie, 13 3K, 2024 Powers and 8. The Board shall have the following powers and functions, namely:- functions of the Board (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 9. (1) The Board may appoint an Executive Committee and such other Executive committees and sub-committees consisting of such number of members for efficient Committee and other committees 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 Consitution of 10. (1) The State Government may, by notification in the Official Gazetre, NIRMAN Kshetra constitute a NIRMAN Kshetra Authority for a NIRMAN Kshetra, which shall be a Authority 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 Govefhment 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 (¢) two ex-officials of 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. (¢) 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. () 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 Gazerre, 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. 197 RPH Adhiniyam folder (vidhaika- 2021 -data 11 TR TS IR TSI, 13 A, 2024 NIRMAN Kishetra Authority shall Povers and
11. (1) The powers and the functions of the fi‘;{:’z;"f be as follows — gohetra of the NIRMAN Kshetra and take St€ps (a) to secure planned development Authority gement; for its effective regulation and efficient mana val, with or without modification, for any (b) to grant permission and appro the NIRMAN Kshetra and its periphery economic activity to be established in ra; area in the NIRMAN Kshet including integrated development in large hold land within the NIRMAN Kshetra by (c) to acquire, procure and agreement or any other legal means as purchase, land pooling, lease, exchange, required to expediate the process; ra in accordance with Chapter (d) to procure land for the NIRMAN Kshet X5 nt agency Or persons functioning in (e) to give directions to any Governme thereof in matters pertaining to plans and the NIRMAN Kshetra or the periphery " schemes prepared; development and private secto r parti cipat ion in (f) to promote implementation of Development Schemes; including financial and multilateral (g) to raise finance from market institutions; allotment of land; (h) to allot land or to withdraw/ cancel to develop subject to the provisions of (i) to modify or cancel permission the Act and rules; ties in the NIRMAN Kshetra in (j) to regulate the development activi prepared and the building regulations aceordance with the plans and schemes this behalf; made by the NIRMAN Kshetra Authority in to carry out surveys, make enquiry, (k) to enter upon any land or building with due process as prescribed in the inspection, examination, or measurement, rules; and promotion of safety, order, (1) to make arrangements for observance disaster management for the NIRMAN health and environmental safeguards, Kshetra; g special knowledge or skill to (m) to engage consultants or persons havin assist it in performance of its functions; of public any contract including by way (n) to negotiate and enter into private partnership; (0) to administer its funds; regulation of traffic, environment, (p) to constitute committees for proper ts of this Act; building, land uses and any other purposes to achieve the objec any with the prior approval of the (q) to subscribe for shares in a comp into joint venture agreement with any “NIRMAN Kshetra Committee” and enter tions as may be approved by the State person or body upon such terms and condi Government; (r) to enter into concession agreements with the approval of the State Government; (s) to accept grants and donations; execute plans and schemes prepared (t) to carry out surveys and prepare and ra for development of the NIRMAN Kshet (u) to classify, earmark, demar cate and develop the NIRMAN Kshetra and ty, s, inter alia, for any economic activi the periphery for purposes and usage publi c and civic ng and industrial arcas and infrastructure facility including housi ues prom ote aesthetics, efficiency and generate reven facility and to encourage and in the process of development; structure facility and public and (v) to ensure provision of sufficient infra ate maintenance civic facility and to make sustainable arrangements for adequ thereof} 11 197 RPH Adhiniyam folder (vidhaika- 2021)-data 26 SR YO SR TE, 13 SR, 2024 (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. (2) 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 parametérs issucd by the State Government and the Board on matters relating thereto; i (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 (ij) 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 devclopment 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. 197 RPH. Adhiniyam folder (vidhaika- 2021)-data 11 MTIRY TSie, 13 377, 2024 27 * IR USW CHAPTER V NIRMAN KSHETRA COMMITTEE Constitution of in the Official Gazette,
12. (1) The State Government may, by notification NIRMAN Kshetra shall consist of the following as Committee constitute a “NIRMAN Kshetra Committee” which appointed by the State Government:- Chairperson Infrastructure and Industrial Development Commissioner, Government of Uttar Pradesh Vice Chairperson Principal Secretary, Infrastructure and Industrial h Development Department, Government of Uttar Prades Member Additional Chief Secretary/ Principal Secretary,Finance Department, Government of Uttar Pradesh Member ‘Additional Chief Secretary/ Principal Secretary, Stamp and Registration Departhent, 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 ity Member Secretary Chief Executive Officer, NIRMAN Kshetra Author Powers and
13. (1) The “NIRMAN Kshetra Committee” shall have the following powers functions of NIRMAN Kshetra and functions:- Committee ons/ suggestions to the (a) sanction, reject, amend, or return with recommendati a Authority for approval; draft master plan submitted by the NIRMAN Kshetr (b) monitor the development of NIRMAN Kshetra and exercise powers of appellate authority as given to it under this Act; under this Act. (c) exercise powers to grant relevant approvals as given to it ity” Appellate
14. (1) The NIRMAN Kshetra Committee shall be the “Appellate Author Authority for the purposes of this Act. NIRMAN Kshetra Authority (2) Any person aggrieved by the decision of the of receipt of communication of the may within a period of thirty days from the date ty in such manner, as may be decision of the Committee, appeal to the appellate authori prescribed. such procedure as may be (3) The appellate authority shall, after following one month from the date of its " prescribed, dispose of the appeal within the period of receipt. 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 28 TR Y2 MRTTWIE, 13 3FTR, 2024 CHAPTER VI NIRMAN KSHETRA AUTHORITY TO FACILITATE EASE OF DOING BUSINESS Constitution of 15. The NIRMAN Kshetra Authority may constitute an Executive Committee committees 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. NIRMAN Kshetra 16. (1) The NIRMAN Kshetra Authority shall exercise, within the NIRMAN Authority to grant Kshetra and its periphery, all powers of any “agency” as devolved upon the agency clearances 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. Deemed 17. (1) Upen failure of the NIRMAN Kshetra Authority to issue clearance to clearances 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: 197 RPH. Adhiniyam folder (vidhaika- 2021)-data 11 2024 29 O, 13 T, TR TSI FEERY d within the stipulated time by Provided that in case mo order is issue been issued application shall be deemed to have theNIRMAN Kshetra Authority, the clearance. intents and purposes, carry the weight (4) The deemed clearance shall, for all Act or Kshetra Authority under the relevant of a clearance granted by the NIRMAN Autho rity shall thereunder.The NIRMAN Kshetra any rules, policy, guidelines framed the day any certificate through an online portal on provide an automatically generated issued clearance. application is deemed to have been policy, (5) All clearances grant ed under the relevant Act or any rules, on submi ssion of an automatically be renewed guidelines framed thereunder, shall agains t which is no change in the parameters undertaking by the applicant that there online, of requisite fee: Such renewals shall be renewal is sought and on submission automatic, and non-discretionary. through an order issued in writing, (6) NIRMAN Kshetra Authority may, 17, deemed clearance granted under section delineating the reasons thereof, revoke the for by the NIRMAN Board from fime to time within an inspection period, as defined made by the clearance, if any submission each clearance, from the grant of deemed or any supporting document is found to applicant in the Common Application Form lished on the basis s ‘business being run or estab be false or fraudulent, or the applicant’ of any rnment is found to be in violation of deemed clearance issued by the Gove there under , and rules, policy, guidelines frame d provision of the relevant Act or any rned. the Department or agenc y conce such a fact is brought to the notice of n 17 shall not debar the NIRMAN (7) The provisions contained in sectio to ensure out inspections with due process Kshetra Authority from carrying lines framed Act or any rules, policy, guide compliance of conditions of the relevant . thereunder. CHAPTER VIL TRA PLANNING FOR THE NIRMAN KSHE MASTER DEVELOPMENT PLAN Preparation of consti!ution.of a NIRMAN Kshetra
18. (1) As soon as may be after the ct to Master NIRMAN Kshetra Authority shall, subje Development Plan Authority for a NIRMAN Kshetra, the out, or State Government or the Board, carry general or specific directions of the an existing to conduct a civic survey and prepare appoint an agency as it may deem fit decla red as the r Develdpment Plan for the area land use map and prepare a draft Maste provi sions of this if any, in accordance with the NIRMAN Kshetra and the periphery, Act. r shall on preparation of the Draft Maste (2) The NIRMAN Kshetra Authority and Kshetra invite comm ents , objec tions Development Plan for the NIRMAN The ra Board , the State Government and public. suggestions from the NIRMAN Kshet e such der the comments and may incorporat NIRMAN Kshetra Authority may consi master development Plan. changes as it may deem fit in the draft Official /(3) The “NIRMAN Kshet ra Comm ittee” may, by notification in the either without , Development Plan submitted to it, Gazette sanction the draft Master n the ons as it may consider proper or retur modification, or subject to such modificati MAN Kshetra Auithority for modifying the draft Master Development Plan to the NIR the , or refuse to accord sanction and direct Master Development Plan as it may direct Master Development Plan. NIRMAN Kshetra Authority to prepare a fresh e shall decide on the draft master (4) The NIRMAN Kshetra Committe master the date of preparation of the draft development within sixty days from sions of sub-section (3). development plan in accordance wit_h provi 157 RPH Adhiniyam folder (vidhaika- 2021)-data 11 30 TR YR SRTHC, 13 3R, 2024 Applicability of 19. (1) If, before the coming into force of this Act, the State Government has existing Master notified a Master Development Plan for any area of the NIRMAN Kishetra, the Master Development Plans 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 Committec”. Power to give 20. (1) A NIRMAN Kshetra Authority may give directions to any directions to Government agency or person, with regard to implementation of any plan or scheme Government prepared under this Chapter, as it thinks fit and such agency or person shall be bound agency to comply with such directions. (2) Where any direction is given to any agencyor 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, CHAPTER VI PROCEDURE FOR SETTING UP OF UNITS IN THE NIRMAN KSHETRA AND ITS PERIPHERY Setting up of units 21. (1) The NIRMAN Kshetra Authority shall be the single point of contact and amenities in for approvals for starting any economic activity or setting up a unit, amenity or the NIRMAN Kshetra 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 22. The NIRMAN Board may set up or designate a “Government agency”, development including a Government company, formed under the Companies Act, 2013 (Act no. 18 agency 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 23. (1) The NIRMAN Kshetra Authority may transfer the possession of its possession of assets, including the land granted by the State Government, its agencies or local assets to the Government authority, as the case may be, to a Government company for development of company for infrastructure and amenities in the NIRMAN Kshetra, with the approval of NIRMAN infrastructure Kshetra Committee. development 197 RPH. Adhiniyam folder (vidhaika- 2021)-data 11 TR Y SRTOIC, 13 ITHI, 2024 31 possession (2) Public assets, including land and rights thereon shall be given or as the case may be, for or conferred to a private entity for a project as per agreement Kshetra as the purpose of development of infrastructure and amenities in the NIRMAN ip guidelines. per the concession agreement approved under Public Private Partnersh enter into agreemen t with a Agreement with 24, The NIRMAN Kshetra Authority may developer i developer for carrying out any project or work in the NIRMAN Kshetra. under his possession, the minimum Integrated
25. A person or an entity, having development of & from time to time contiguous area in the NIRMAN Kshetra as specified by the Board, large area in the said area with economic NIRMAN Kshetra and intending to undertake integrated development of the y or the agency activity and amenities, may apply to the NIRMAN Kshetra Authorit specified by it: v Provided that such development shall be subject to the development plan, as the NIRMAN the general development regulations and such other conditions Kshetra Authority or the agency specified by it, may deem fit. CHAPTER IX LAND PROCUREMENT Revenue Vesting of land in
6. (1) Notwithstanding anything contained in the Uttar Pradesh the NIRMAN land, Code 2006 (Act no. 8 of 2012), the land excluding private and non-government Kshetra Authority, set apart for and its disposal situated in a NIRMAN Kshetra, shall(except abadi area and the land the municipa l area and the land vested in any development of abadi of a village and prior to the commenc ement of this Act), local authority by virtue of a State Act Authorit y under section 10, be immediately on constitution of the NIRMAN Kshetra Kshetra deemed to have been vested in and placed at the disposal of the NIRMAN Authorit y may Authority on behalf of the State Government and the NIRMAN Kshetra same subject to such use the same for the purposes of this Act and may dispose of the and in such conditions as the State Government may, from time to time, lay down ‘manner, as it may, from time to time, prescribe by rules, - or (a) without undertaking or carrying outany development thereon; out such develop ment as it thinks fit, to (b) after undertaking or carrying covenant s and condition s, as it may such person, in such manner and subject to such consider proper. any local (2) If the State Government is satisfied that any land vested in at any time by the authority or Department of the State Government is required may, notwiths tanding NIRMAN Kshetra Authority for carrying out its functions, it Pradesh law, by notificat ion in the Official Gazette, anything contained in any Uttar the NIRMAN Kshetra Authorit y on such terms and place such land at the disposal of conditions as it may deem fit: on, the State Provided that before taking any action under this sub-secti local authority concerne d. Government shall give an opportunity of hearing to the y is required at any (3) If any land vested in the NIRMAN Kshetra Authorit the State Governm ent time by any local authority for carrying out its functions or by Official for any other purpose, the State Government may, by notification in the or any Department of Gazette, place such land at the disposal of such local authority and conditio ns as it may deem fit: the State Government on such terms Provided that before taking any action under this sub-secti on, the State to the NIRMAN Kshetra Authority Govemnment shall give an opportunity of hearing concerned. acquire land in (4) The State Government may, for the purposes of this Act, acquisition, in accordance with the provisions of the law or policy relating to land force, at the time of acquisition. controlled (5) The State Government may transfer land owned, acquired, or as per laws by it to the NIRMAN Kshetra Authority for the purposes of this Act relating to land revenue. 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 32 TR TR SIRYT TSE, 13 3R, 2024 (6) Where any land or any other property of the Government agencies are transferred and vested in the NIRMAN Kshetra Authority under this Act, and compensation, if any, for such land and other property is to be paid to such Government agencies, the compensation shall be such as may be decided by the State Government. Procurement of 27. A NIRMAN Kshetra Authority may, on such terms and conditions as it land from private may decide, procure by purchase. lease, exchange, agreement or any other legal parties. ¥ means, including by way of land pooling, any land required by the NIRMAN Kshetra Authority for carrying out its functions. Disposal, etc. of 28. Any land vested in, transferred to or placed at the disposal of a NIRMAN centain lands Kshetra Authority or procured by it under the provisions of this Act shall be available for disposal by the NIRMAN Kshetra Authorify under this Act in accordance with the rules made in this behalf. CHAPTER X DEVELOPMENT IN NIRMAN KSHETRA Use and 29. (1) The State Government may, by notification in the Official Gazette, development of declare the whole or any part of the NIRMAN Kshetra and the periphery, if any, to be land before the coming into force controlled arca for the purposes of this Act. of Master (2) No land within the controlled area, for which a Master Development Plan Development Plan has not been notified. shall, except with the permission of the NIRMAN Kshetra Authority granted in the manner prescribed by the regulations. be used for purposes other than those for which it was used on the date of notification under sub-section (1). Restriction on 30. (1) From the date of notification of the Master Development Plan, no grant of “agency” or Govgrnment agency orany other person shall, within the area included in permissionfor the Master Development Plan, institute or change the use of any land or building or development after the coming into undertake, or grant any permission for any development unless the NIRMAN Kshetra force of Master Authority has given specific approval for the same in the manner specified by the Development Plan regulations. (2) No local authority shall undertake. or grant any permission for any development within the area included in the Master Development Plan, unless it has obtained the approval of the NIRMAN Kshetra Authority in the manner specified by the regulations. Power to modify 31. If it appears to a NIRMAN Kshetra Authority that it is necessary or permission to expedient having regard to the general development. operation, maintenance and develop management of the NIRMAN Kshetra or periphery. that the permission or approval granted under this Act should be revoked or modified. it may by an order revoke or modify the permission to such extent as it appears to be necessary after approval from the Board. CHAPTER XI OFFENCES, RECOVERY OF DUES, FUNDS, AND AUDIT Encroachment or 32. (1) A NIRMAN Kshetra Authority or any officer authorized by it in this obstruction upon behalf shall have the power to remove any obstruction or encroachment and the land and building expenses of such removal shall be recovered from the person who has caused the said obstruction or encroachment. (2) Whoever makes any encroachment on any land or building owned by or vested ina NIRMAN Kshetra Authority or on any land or building not being a private property, whether such land or building belongs to or vests in the NIRMAN Kshetra Authority.shall, on conviction. be penalized with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees. Power of a 33.(1) A NIRMAN Kshetra Authoritymay,- NIRMAN Kshetra (a) institute, defend or withdraw from any legal proceeding; or Authority as to legal matters (b) admit, compromise or withdraw any claim made in any legal proceedmg or otherwise: 197 RPH Adhiniyam folder (vidhaika- 2021 )-data 11 TR TR AR [oie, 13 37T, 2024 (c) Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the Court.
34. (1) The NIRMAN Kshetra Authority shall make provisions and take steps Recovery of dues for recovery of dues, rent and charges from the occupants of premises and amenities in the NIRMAN Kshetra and its periphery. (2) The pending dues, if any, on proposal and certification in this regard by the NIRMAN Kshetra Authority, shall be recovered or collected as arrears of land revenue.
35. The NIRMAN Kshetra Authority may.in consultation with the NIRMAN Power of NIRMAN Kshetra Kshetra Committee, may make provisions by regulations for eviction of the occupants Authority to evict from any premises in the NIRMAN Kshetra for violation of any guidelines or occupants regulations issued under this Act or non-compliance of the provisions of this Act. Funds, accounts,
36. (1) Subject to the provisions of this Act, a NIRMAN Kshetra Authority audit and Annual may create such funds for such purposes as it may determine from time fo time, to Reports of the which. shall be credited all moneys received by it. including. - NIRMAN Kshetra (a) initial contribution by the State Government towards a revolving fund Authority of 2500 crores to be established by every NIRMAN Kshetra Authority under this Act; (b) all money received from the Central Government, State Government, or any other person by way of grants, donations, loans, advances or otherwise; (c) all fees and user charges received by the NIRMAN Kshetra Authority under this Act; and (d) all moneys received by the NIRMAN Kshetra Authority towards lease, premium or cost of land and/or building. (2) The fund shall be applied towards meeting the cxpenses incurred by the NIRMAN Kshetra Authority in performing its functions and for administration of the provisions of this Act. (3) The accounts of the Regional Development Authority shall be prepared and maintained in such form and in such manner as may be prescribed by rules. (4) The Accounts of every NIRMAN Kshetra Authority shall be subject to audit in the manner as may be prescribed by rules. (5) The Regional Development Authorities shall pay from their funds the charges for their respective audit as may be prescribed by rules. (6) The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government (7) The State Government shall cause the annual report and auditors’ report to be laid, as soon as may be after they are received, before each House of the State Legislature. Power of the
37. Subject to approval of the Board, a NIRMAN Kshetra Authority may NIRMAN Kshetra borrow and raise loans from any source including by issue of bonds, debentures and Authority to other instruments for carrying out the purpose of this Act or for servicing any loan ‘borrow and raise obtained by it, up to such limits and on such rates and other conditions as the State loans Government may specify. Power of the
38. A NIRMAN Kshetra Authority may give loans to or share expenses with NIRMAN Kshetra any person for any project, including an infrastructure project, subject to such Authority to limitations and conditions as the State Government may, from time to time, specify. finance project and impose conditions therefor 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 34 IR TR SR T, 13 I, 2024 CHAPTER XII . GRIEVANCE REDRESSAL AND DISPUTE SETTLEMENT Grievance 39. (1) The NIRMAN Kshetra Authority shall set up a Grievance Redressal redressal Committee comprising of three of its members and officers including a law officer of committee appropriate designation as may be decided by it to redress the grievances and resolve the Civil disputes originating in the NIRMAN Kshetra and its periphery. (2) Any person aggrieved by the decision of the Grievance Redressal Committee may appeal to the Dispute Settlement Committee formed under section 41. (3) For the purpose of deciding the Grievances Redressal dispute, the Committee and the Dispute Settlement Committee shall frame the guidelines, including the time frame in this regard and both the Committees shall follow the principles of natural justice while dealing with the grievances. Disputes with 40. Notwithstanding anything contained in any law of the State of Uttar local authority Pradesh, any dispute relating to territorial or functional jurisdiction between a NIRMAN Kshetra Authority and any local authority, if not amicably settled, shall be referred to the State Government and the decision of the State Government thereon shall be final. Dispute Settlement 41. The State Government may, by notification, form a Dispute Settlement Committee Committee consisting of such number of members as may be specified by it, to deal . with the disputes against the NIRMAN Kshetra Authority or those arising in any manner in the NIRMAN Kshetra and brought before it or those which could not be resolved or settled by the Grievance Redressal Committee. CHAPTER XIII MISCELLANEOUS Act to override 42. Save as otherwise provided in this Act, the provisions of this Act shall other State laws have effect, notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force or any instrument having effect by virtue of any such law. Land deemed to be The land needed for the purposes of a town planning scheme, 43. for public purpose development plan or an infrastructure project under this Act shall deemed to be the land needed for public purpose under clause (za) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30 of 2013). Members, officers, 44. All members, officers and employees of the board, the NIRMAN Kshetra and employees to Authority, the nodal company and other Government company or project development be public servants agency shall, while acting or purporting to Act in pursuance of the provisions of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of clause (28) of section 2 of the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023): Provided that until the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023) is brought into force, section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860) shall be applicable in place of the said Act. Protection of 45, No suit, prosecution or other legal proceeding shall lie against the board, action taken in the NIRMAN Kshetra Authority, NIRMAN Kshetra Committee, nodal company, other good faith Government company or project development agency or any of their committees, members, officers and employees, for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or any rules and regulations made thereunder. 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 TSR Y IR TSIE, 13 IR, 2024 35 anything contained in this Act or the rules or Units and
46. (1) Notwithstanding Infrastructure regulations made thereunder, units and amenities set up in any Special Economic Zone facility of Special falling under NIRMAN Kshetra shall continue to be governed by and shall avail the Economic Zone in benefits under the Special Economic Zones Act, 2005 (Central Act no. 28 of 2005). NIRMAN Kshetra to be governed (2) The developer of a Special Economic Zone shall take into account the under the relevant plans and schemes prepared by the NIRMAN Kshetra Authority in accordance with Acts Chapter VII while finalizing any activity within the Special Economic Zone. Bar of jurisdiction
47. (1) No civil Court shall have jurisdiction to entertain any suit or of civil Court proceeding in respect of any mater related to civil disputes in the NIRMAN Kshetra and its periphery in respect of any order made or to be made or any action taken or to be taken by the State Government, NIRMAN Kshetra Board, NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee in the exercise of any power conferred by or under this Act. (2) No injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under thus Act. (3) An order passed, or a direction given by the State Government to the Board, NIRMAN Kshetra Authority, NIRMAN committee or the appellate authority, the Grievance Redressal Committee and Dispute Settlement Committee under provisions of this Act or an order passed, or notice issued by the NIRMAN Kshetra Board. NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate under authority, Grievance Redressal Committee and Dispute Settlement Committee the provisions of this Act shall be final and binding. Power of State
48. (1) The State Government may, by notification in the Official Gazette, Goyemment to make rules to carry out the purposes of this Act. make rules (2) In particular, and without prejudice to the generality of the foregoing - power, such rules may provide for all or any of the following matters, namely: (a) the activities and services to be prescribed under clause K of section 2; (b) the facilities for public and civic purposes to be prescribed under clause Z of Section 2; (c) the remuneration, allowance and other conditions of service of members of the Board under sub-section (9) of Section 7; non- (d) the remuneration, allowance and other conditions of service of Authority under sub-section (3) of section 10; official members of a NIRMAN Kshetra Plan to be prescribed under sub- (e) the contents of Master Development section (1) of section 18; (f) the conditions and restrictions subject to which and the manner in which the land may be disposed of under section 28; which, user (g) the services on which, rates at which. and the manner in 11; charges may be imposed under clause (gg) of sub-section (1) of section (h) the form and manner in which accounts of the NIRMAN Kshetra the other manner in which accounts of the Authority shall be prepared and maintained, and the charges of audit to be paid by the NIRMAN Kshetra Authority may be audited and (5) of section 36; NIRMAN Kshetra Authority under sub-sections (3), (4) respect of (i) any other matter which is to be or may be prescribed or in which provision is to be, or may be, made by rules. be after (3) All rules made under this section shall be laid, as soon as may while it is in session for they are so made, before each House of the State Legislature, session or in two a period of not less than fourteen days, which may comprise in one the expiry of the session in which they are so laid or successive sessions and, if before any of the session immediately following, the House of the State Legislature makes ‘modification in any of such rules or resolves that any such rule should not be made, 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11 36 TR YR SRR TSI, 13 TR, 2024 such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder. Power to make 49. The Board may make regulations not inconsistent with the provisions of regulations this Act and the rules made thereunder to carry out the purposes of this Act and for enabling it to discharge its functions under this Act, including the following, namely: - (a) for development, operation, regulation and management of tht NIRMAN Kshetras within the State and for development of infrastructure within the NIRMAN Kshetra; (b) form, particulars, manner and fee of proposal by a person who intends to start an economic activity or set up a unit, amenity or infrastructure project in the NIRMAN Kshetra or who intends to undertake integrated development. Power of State 50. If any difficulty arises in giving effect to the provisions of this Act. the Government to State Government may, by order published in the Official Gazette, make such remove difficulties provisions not inconsistent with the provisions of this Act, as may appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. STATEMENT OF OBJECTS AND REASONS There has been felt a need to provide for the constitution of a Uttar Pradesh Nodal Investment Region for Manufacturing Kshetra Authority in the State of Uttar Pradesh to establish operate, regulate and manage large investment regions or clusters in the State of Uttar Pradesh, to promote industrial development and to ensure ease of doing business for facilitating new investment and to establish Uttar Pradesh as a global manufacturing hub with a primary focus on exports. In view of the above, it has been decided to enact a law to meet the aforised objectives. The Uttar Pradesh Nodal Investment Region for Manufacturing (NIRMAN) Kshetra Bill, 2024 is introduced accordingly. By order, ATUL SRIVASTAVA, Pramukh Sachiv. Hogwogodio—voto 197 RIGTU-2024—(556)—599 HRM—(F¥eR / Eo / SwRIE) | ogogodio—gotio 77 w0 fETd—2024—(557)-300 HRMII— (@GR / SN0 / 3HhRIE) | 197 RPH Adhiniyam folder (vidhaika- 2021)-data 11