UTTAR PRADESH INDUSTRIAL AREA DEVELOPMENT (AMENDMENT) ACT, 2022

[Act No. 05 of 2022]

[03rd June, 2022]

PREAMBLE

An Act further to amend the Uttar Pradesh Industrial Area Development Act, 1976

It is hereby enacted in the Seventy third Year of the Republic of India as follows--

Section 1 - Short Title and Commencement

(1)     This Act may be called the Uttar Pradesh Industrial Area Development (Amendment) Act, 2022.

(2)     It shall be deemed to have come into force with effect from January 7, 2022.

Section 2 - Amendment of Section 7 of U.P. Act 6 of 1976

In Section 7 of the Uttar Pradesh Industrial Area Development Act, 1976 for the proviso the following proviso, shall be substituted, namely--

"Provided that,--

(a)      where any land has been allotted on lease before 28-7-2020 for setting up of an industrial unit and/or an Information Technology/Information Technology Enabled Services unit (IT/ITES); and

(b)      the land has not been utilized (functional/minimum completion) by 28-7-2020 as per the norms laid down by the Authority; and

(c)      a period of eight years from the date of execution of lease deed or the period fixed for such utilisation as per the terms and conditions of allotment, whichever is longer, has lapsed by 28-7-2020; and

(d)      a notice has been given by the Authority to such allottee at least three months prior to 31-12-2022 to utilise the said land by 31-12-2022 for the purpose for which it was allotted and apprising him of the consequences as mentioned hereafter of the failure to do so; and

(e)      the allottee does not utilise the land by 31-12-2022; then the allotment and lease deed will stand automatically cancelled and allotted land will vest with the Authority on 31-12-2022":

Provided further that the State Government may, by a general or special order, extend the date of such cancellation and vesting as mentioned in the above proviso, m the interest of promotion of investment and employment generation.

Explanation 1.--The aforesaid amendment does not entitle any allottee/unit to claim a minimum completion period of eight years. The period fixed for such utilisation shall continue to be governed by the terms and conditions of allotment and the policy of the concerned Authority, including the applicability of extension of time and other interests and charges.

Explanation 2.--The refund of money deposited by the allottee on such cancellation of allotment and lease deed, and vesting of land in Authority shall be as per the policy of the concerned Authority.

Section 3 - Repeal and Saving

(1)     The Uttar Pradesh Industrial Area Development (Amendment) Ordinance, 2022 (U.P. Ordinance 3 of 2022) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.