Chapter IV 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.

1. (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.
2. (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.
3. (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 CEOs to be appointed by the State Government.
   • (c) 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.
   • (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.
4. (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.
5. (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.

11. (1) The powers and the functions of the NIRMAN Kshetra Authority shall be as follows

1. (a) to secure planned development of the NIRMAN Kshetra and take steps for its effective regulation and efficient management;
2. (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;
3. (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;
4. (d) to procure land for the NIRMAN Kshetra in accordance with Chapter IX;
5. (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;
6. (f) to promote private sector participation in development and implementation of Development Schemes;
7. (g) to raise finance from market including financial and multilateral institutions;
8. (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;
9. (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;
10. (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;
11. (l) to make arrangements for observance and promotion of safety, order, health and environmental safeguards, disaster management for the NIRMAN Kshetra;
12. (m) to engage consultants or persons having special knowledge or skill to assist it in performance of its functions;
13. (n) to negotiate and enter into any contract including by way of public private partnership;
14. (o) to administer its funds;
15. (p) to constitute committees for proper regulation of traffic, environment, building, land uses and any other purposes to achieve the objects of this Act;
16. (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;
17. (r) to enter into concession agreements with the approval of the State Government;
18. (s) to accept grants and donations;
19. (t) to carry out surveys and prepare and execute plans and schemes prepared for development of the NIRMAN Kshetra
20. (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;
21. (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.
22. (y) to remove encroachments and constructions not duly authorized or which are made in violation of this Act or rules or regulations made thereunder.
23. (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;
24. (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
25. (bb) to draft the regulations on matters specified in section 49;
26. (cc) to globally market the NIRMAN Kshetra and its projects
27. (dd) to provide public and civic facilities within the NIRMAN Kshetra; (ee) to provide municipal services within the NIRMAN Kshetra;
28. (ff) to plan, develop, operate, maintain, manage and regulate the periphery in accordance with the provisions of this Act;
29. (gg) to provide urban transport facility for the NIRMAN Kshetra;
30. (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
31. (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.

1. (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;
2. (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.