Amendment in section 6 of the Bihar Act 16,1974.

1. (1) The following sub section (1a)

shall be added after sub section (1) of section 6 of the said Act, 1974:-

(1a) The Authority shall be the implementation agency for industrial planning of industrial area as mentioned in Section 4A.

1. (2) After the words “allotment of land” used in sub section (2) of section 6 of the said Act 16, 1974. The words “or factory shed or building or parts of buildings” and further after the words “execution of lease” the word “modification” shall be inserted.
2. (3) After the words “the Industry” used in clause (a) of sub section (2) of section 6 of the said Act, 1974, the words “or all dues, rent, charges of the Authority have not been paid within time or unregistered product is manufactured or any construction contrary to the approved plan has been carried out or an activity injurious to industries has been engaged into” shall be inserted.
3. (4) The following sub section (c) and (d) shall be inserted after sub section 2(b) of section 6 of the said Act, 1974:- “(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.”
4. (5) The following sub section (3a) shall be inserted after sub section (3) of Section 6 of the said Act, 1974:— “(3a) Authority may formulate Allotment Policy, Transfer Policy, Exit Policy, Cancellation Policy or such other Policy for better management of Industrial Area.”
5. (6) Section 6(4) shall be substituted with the following:"(a) The Managing Director of the Authority shall have the powers of the Collector under section 2 (1) of the Bihar Public Land Encroachment Act, 1956, for purposes of removal of encroachment on road, houses, gullies, any land in the development areas and properties of the Authority.
   • (b) Any person who encroaches upon road, houses, gullies, any land in the development areas and properties of the Authority or continues to possess or squat upon the cancelled plot or a portion of the plot shall be treated as encroacher and the Authority shall take necessary action in terms of this Act.”
6. (7) The following subsection (9) and (10) shall be added after sub section (8) of section 6 of the said Act, 1974:— “(9) The Authority may form an Industrial Area Management Committee for effectively managing the Industrial area. (10) The Authority shall have powers:—
   • (a) to acquire and hold such property, both movable and immovable as the Authority may deem necessary for the performance of any of its activities;
   • (b) to purchase by agreement or take on lease or rent or under any form of tenancy any property as per prescribed rules, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions;