All-powerful J&K IDC is born; to take over industrial estates, manage all lands, assets

27 October 2020

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ZIRAAT TIMES TEAM REPORT

Srinagar: With the birth of Jammu & Kashmir Industrial Development Corporation (J&K IDC), stage is all set for the takeover of the industrial estates, including their land and asset development and management in the union territory of Jammu & Kashmir.

Moreover, IDC is also designed as the central agency for the acquisition of lands and other assets for industrial and other types of development in Jammu & Kashmir.

Documents accessed by Ziraat Times, and notified in the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, provide detailed insights into the nature, powers and future functions of the corporation.

Here is a summary of the key roles and functions of the corporation compiled by Ziraat Times:

Establishment and Constitution of the Corporation

(1) For the purposes of securing and assisting in the rapid and orderly establishment, and organization of industries in industrial areas and industrial estates in the Union Territory of Jammu and Kashmir and for the purpose of establishing commercial centers in connection with the establishment and organization of such industries, there shall be established by the Government by notification in the Government Gazette, a Corporation by the name of the Jammu and Kashmir Industrial Development Corporation or any other corporation (s) as notified by Jammu and Kashmir Government.

(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name, and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract, and do all things necessary, for the purposes of this Chapter.

Functions of Corporation
The functions of the Corporation shall be—

(i) generally to promote and assist in the rapid and orderly establishment, growth and development of Industries in the Union Territory of Jammu & Kashmir, and

(ii) in particular and without prejudice to the generality ofclause (i) to—(a) establish and manage industrial estates at place selected by the Government;

(b) develop industrial area selected by the Government for the purpose and make them available for undertakings to establish themselves;

(c) develop land on its own account of for the Government for the purpose of facilitating the location of industries and commercial centers thereon;

(d) assist financially by loans industries to move their factories into such estates or areas;

(e) undertake schemes for providing industrial units and commercial establishments with such structures and facilities as may be necessary for their orderly establishment, growth and development;

(f) promote, organize, sponsor or undertake schemes or works, either jointly with other corporate bodies or institutions, or with Government or local authorities, or on an agency basis, in furtherance of the purposes for which the Corporation is established and all matters connected therewith.

Powers of Corporation

The Corporation shall have power —

(a) to acquire and hold such property, both movable and immovable as the Corporation may deem necessary for the performance of any of its activities, and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;

(b) to purchase by agreement or to take on lease or under any form of tenancy any land, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions;

(c) to provide or cause to be provided amenities and common facilities in industrial estates, commercial centers and industrial areas and construct and maintain or cause to be maintained works, buildings, amenities and common facilities thereof;

(d) to make available buildings on hire or sale to industrialists or persons intending to start industrial undertakings or commercial establishments or both the industrial undertakings and commercial establishments;

(e) to construct buildings for the housing of the employees of such industries or commercial establishments.;

(f) (i) to allot factory sheds or such buildings or parts of buildings, including residential tenements to suitable persons in the industrial estates established or the industrial areas developed by the Corporation;

(ii) to allot shops and other buildings to suitable persons incommercial centers established by the Corporation;

(iii) to modify or rescind such allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of their allotment;

(g) to constitute committees from amongst its Directors to perform any of its functions;

(h) to constitute advisory committees to advise the Corporation;

(i) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions;

(j) to delegate any of its powers generally or specially to any of its committees or officers and to permit them to re-delegate specific powers to their subordinates;

(k) to enter into and perform all such contracts as it may considernecessary or expedient for carrying out any of its functions; and

(l) to do such other things and perform such acts as it may thinknecessary or expedient for the proper conduct of its business and thecarrying into effect the purposes of this Chapter.

(m) Notwithstanding anything contained in any other law in force, the powers under Jammu and Kashmir Town Planning Act, 1963, Jammu and Kashmir Municipal Act, 2000 and Jammu and Kashmir Municipal Corporation Act, 2000 shall be exercised by the Corporation wherever necessary.

Acquisition and Disposal of Land.

(1) Whenever any land is required by the Corporation for any purpose in furtherance of the objects of this Act, but the Corporation is unable to acquire it by agreement, the Government may, upon an application of the Corporation in that behalf, order proceedings to be taken under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation andResettlement Act, 2013 for acquiring the same on behalf of the Corporation as if such lands were needed for a public Purpose within the meaning of the saidAct.

(2) The amount of compensation awarded and all other charges incurred inthe acquisition of any such land shall be forthwith paid by the Corporationand thereupon the land shall vest in the Corporation.

Land to be Placed at the Disposal of the Corporation

For the furtherance of the objects of this Act, the Government may, upon such conditions as may be agreed upon between it and the Corporation, place at the disposal of the Corporation any lands vested in theGovernment.

(2) After any such land has been developed by, or under the control andsupervision of the Corporation, it shall be dealt with by the Corporation inaccordance, with the regulations made, and directions given by theGovernment in this behalf.

(3) If any land placed at the disposal of the Corporation under sub-section (1) is required at any time thereafter by the Government, the Corporation shall replace it at the disposal of the Government upon such terms and conditions as the Government may after consultation with theCorporation determine.

Demolition of Erection of any Building in Certain Cases

Where the erection of any building in an industrial estate, commercial centre or industrial area has been commenced, or is being carried on, or has been completed, or any existing building is altered, in contravention of the terms on which such building or the land on which it stands is held orgranted under this Chapter to any Officer of the Corporation empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Chapter make an order directing that such erection shall be demolished bythe owner/allotee/lessee thereof within such period not exceeding two monthsas may be specified in the order, and on the failure of the owner/allotee/lesseeto comply with the order, the Officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable by theCorporation from the owner/allotee/lessee:

Provided that, no such order shall be made unless theowner/allotee/lessee has been given a reasonable opportunity to show causewhy the order should not be made.

(2) Any person aggrieved by an order under sub-section

(1) may appealcagainst that order within thirty days from the date thereof to a Committee ofthe Corporation set up for the purpose by regulations made in this behalf andsuch Committee may after hearing the parties to the appeal either allow ordismiss the appeal or reverse or vary any part of the order.

(3) The decision of the Committee on the appeal and subject only to suchdecision the order made by the officer under sub-section (1) shall be final.

Discontinuation of Erection of any Building in Certain Cases

(2) Where such building operations are not discontinued in pursuance ofthe requisition under sub-section (1), the Corporation of the officerempowered as aforesaid may require any police officer to remove the personby whom the erection of the building has been commenced and all his
assistants and workmen from the place of the building within such time asmay be specified in the requisition, and such police officer shall comply withthe requisition accordingly.

(3) After a requisition under sub-section (2) has been complied with, theCorporation or the officer empowered as aforesaid may depute by a writtenorder a police officer or an officer, or employee of the Corporation to watchthe place in order to ensure that the erection of the building is not continued.

(4) Any person failing to comply with an order made under sub-section(1) shall, on conviction, be punished with fine, which shall not be less thanfive thousand rupees, but may extend to ten thousand rupees, during whichsuch non-compliance continues after the service of the order.

(5) No compensation shall be claimable by any person for any damage orloss which he may sustain in consequence of any order made under thissection.

(6) The cost of employing any police officer under this section shallinitially be borne by the Corporation but it shall be recoverable from theperson who failed to comply with an order made under sub-section (1).

Power to Enter into/or upon any Land or Building

Any officer of the Government, any Director of the Corporation and any person either generally or specially authorized by the Corporation in thisbehalf, may enter into or upon any land or building with or without assistantor workmen for the purpose of —

(a) making any inspection, survey, measurement, valuation or enquiry or taking levels of such land orbuildings;

(b) examining works under construction and ascertainingthe course of sewers and drains;

(d) setting out boundaries and intended lines of work;

(e) marking such levels, boundaries and lines by placingmarks and cutting trenches;

(f) doing any other thing necessary for the efficientadministration of this Chapter:

Provided that,-

(i) no such entry shall be made except betweenthe hours of sunrise and sunset and without givingreasonable notice to the occupier, or if there be nooccupier, to the owner of the land or building;

(ii) sufficient opportunity shall in every instancebe given to enable women (if any) to withdraw fromsuch land or building;

(iii) due regard shall always be had, so far as maybe compatible, with the exigencies of the purpose forwhich the entry is made, to the social and religioususages of the occupants of the land or building entered.