LexThe Assam Industrial Infrastructure Development Corporation Act, 1990
Assam · state statute
Open in Lexace · Ask the AI about this actRegist ered N o ’A— 12 * THE ASSAM GAZETTE W O T EXTRAORDINARY ai« ^ - r a w PUBLISH ED BY AUT HORIT Y sr 12 fewM ’i, iv n f iR R , 14 « rt< t 1991, 25 w , 19 12 (« r^ ) No. 12 Ui sp ar , Thursda y, 14th February, 1991, 25th Magha, 1912 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLA TIVE DEPAR TMENT LEGISLATIVE BRANCH DISPUR NOTIFICATIO N The 14th Febru ary , 1991 No. LGL. 142/89/112 : The following Act of t he Assam Leg islative Assembly which received the asse nt of the Governor is her eby published for g ene ral information. I 4 0 r H E . ASSAM GAZETTE, EXTRAORDINARY, FEB. 14 , 190 ASSAM ACT NO. I OF 1991 (Received t he asse nt of t he Governor of Assam on 8th Fe bru ary , 1991.) ASSAM INDUSTRIAL INFRASTRUCTURE DEVELO PMENT CORPORATION ACT’ 199 0 A n' Act to provide for the establishment of a Corpora tion for the develop men t of ind ustrial infra str uc ture in the Stale of Assam. Pr ea m bl e WHEREAS it is expedient to make special provision for securing t he or der ly establishment of ind ustries in ind ustrial areas, ind ustrial estates, gro wth centres and in establishment of commercial estates for the gro wth of in dustries in the Sta te of Assam and t 0 assist gen era lly in the orga nisation thereof, and for th at purpose to establish an In du str ial Infra str uc ture Development Corporation, and for purp oses connected w ith the m atte rs afo re said. It is her eby enacted in the Fortie th Year of the Repu blic of Ind ia as follows :— CHAP TER— 1 , • PREL IMINA RY K e x tc n V ’lnd L (1) This Act may be called the Assam Indus- c o m m e n ce- tri al In fra str uc ture D evelopment Corpora tion Act, we nt 199 0. (2) It extends to the whole of the Sta te of Assam. (3) It shall come into force at once. D e fin it io n s 2. In this Act, unle ss the context othe rwis e requ ire d: — (a) "am enity ” includes road, sup ply of wa ter or elec tricity, str eet lighting, drain age, sewe rages conserv ancy and such oth er convenience as the Sta te Governme nt may, by notification in the Official Gazette, spec ify to be an amenity for the purp oses of thi s Act. (b) "bu ilding ” means any str uc ture or ere c tion, or pa rt of a structur e or erection, which is . intended to be used for residential, indu stria l, commerc ial or oth er purposes, wh ether in actual use or no t; K 3 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14,1991 41 (c) "Collect or” means the Coll ecto r of a district, and include s any officer spe cially appoin ted by the State Gove rnment to perfo rm the functio ns of a Colle ctor under this A c t; (d ) "Corporation” means the Assa m Industrial Infrastructur e Development Corporation estab lished under Section 3 ; ..... ? (e ) "Com mercial estat e” means any site sele c ted by the State Governm ent where the Corpora tion constructs buildings and makes them avai labl e for the purpose of car rying out industria l and comm ercial ac tivi tie s; (f) "Court” means a princ ipal Civil Court of original jurisd iction , and includes court of any Add ition al District Judge or Assistant District Judge whom the State Gov ernm ent may appoint, by name or by virt ue of his offices, to perform , con currently wit h any such principal civil co urt all or any of the functions of the court under th is Act with in any specified local li m it ; (g) "developme nt” with its grammatical varia tions means the car rying out of building, engine ering, qua rry ing or other operations in, on over' or under land, or t he making of any material changes in any building or land, and includes re clama tion and re-develop ment, but does not In clude mining operations and "to develop ” shall be construed acco rdin gly ; (h) "eng ineering opera tions” includ e the for mation or lay ing out of means of access to a road or the lay ing out of means of water supply, gas supply and elec tric ity supp ly; (i) "gr ow th centre” means any site declared to be a gr owth centre by the State Governm ent by notification published in the Official Gazette, w hich is to be developed for indu str ies ; <2 THE AS SA M GAZE TTE. EXT RAORDIN ARY, FEB. 14 iS91 (j) "in du str y” means any business, trade, un derta king, man ufac ture or call ing of emp loyer s and includ es any calli ng, servic es, emplo yment , han dic raft or indu stria l occupat ion or avoca tion of wor kme n and the wor d "in dus tria l” sha ll be constr ued ac co rd in gly ; (k) "ind ustr ial are a” means anv area declar ed to be an indu stria l area by the Stat e Gove rnm ent by notifica tion publis hed in the Official Gazet te, wh ich is to b e develo ped and whe re indus tries and relat ed serv ices are to be acco mm odat ed; (1 ) "ind ustr ial esta te” means any site selected by the Stat e Gove rnme nt, whe re the Corpo ration build s facto ries and other build ings and makes them ava ilab le for any indus tries or class of in du str ies ; s 9 (m ) the expre ssion "la nd ” and expres sion "pers on inter este d” shal l hav e the meani ngs res pe cti vel y assigned to them in S ection 3 o f the Land Acq uisi tion Act, 1894; ____ (n) "mean s of access ” inclu des a road or any means of access, wh eth er priv ate or publi c, for vehi cles or for pedest rians or for rail or for wate r, powe r or commu nication sy st em ; (o ) "not ificat ion” means notificati on published in the Official Gaze tte ; (p ) "pre mis es” means any land or build ing or part of a buil ding and in clu de s:— (i) the garden, ground s and out-houses , if a ny, appe rtain ing to such build ing or part o f a building ; and (ii) any fittings aff ixed to such build ing or part of a build ing for the more benefi cial enjo yme nt th er eo f; (q) the "Le ase Deed” means the Agre eme nt exec uted betw een the Corpo ration and lessees of plots of land, build ing and amenitie s of the Co r poration contai ning the terms and con ditions of the le as e; THE AS SA M GAZETTE. EXTRAO RD INA RY FBB. 14, 19 91 43 (r) "pr esc rib ed” mean s prescribed by rules made under this A ct; (s) "State Government” means the S tate Gov ern me nt of Assam. I - ' ■ ■ ’• CHAPTER—II. ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION. » » Esta blu h- ment and in cor pora tio n Constitution I 3. (1) The re shall be established by the State Governme nt by notification, a Corporation by the name of t he Assam Ind ust ria l Infra str uc ture Deve lopm ent Corporation for the purp ose of securing and assisting in the rap id and ord erl y establish ment and organisation of industries in ind ust rial areas, ind ust rial estate , growth centres, and in establishment of comm ercial esta tes for gro wth of ind ustries in the Sta te of Assam. (2) The Corpora tion shall be a body co rporate with per pet ual succession and a common seal, and m ay sue and be sued in its corp orate nam e, and shall be competent to acquire hold and dispose of pro_ perty both mova ble and immovable and to con tra ct and do all thin gs necessary for the purposes of this Act.■ - —- ........... --- (3 ) The Corporation shall esta blis h its Head Offic e at such place in the Sta te as the State Governme nt may specify. 4. (1) The Corpora tion shall consist of the fol lowing mem bers : —• ;— — - ------'o (a) the Commissioner and Special Secre tary to the Gov ernmen t of Assam, Ind ustries Dep ar tm en t; fb) the Sec reta ry, Fina nce Dep artm ent, Gov ern me nt of Assam ;* ‘ - - * 4 « ? - . a - v J ® . s ? 5 ® ~ -» - « • , « > « . a - « x - x e > fc) the Sec reta ry, Reve nue Dep artm ent, Gov ern me nt of x4 .ss am ; *1 THE AS SA M GAZETTE , EXTRAORDINA RY. FEB. 14, 1991 (d ) the Chief Engineer, Assam State Ele ctri city Board ; (e ) the Manag ing Director, Assam Indus trial Development Corporation Li m ite d; > - (f) the Manag ing Director, Assam Sma ll In dustries Development Corporation Lim i ted ; (g) the Director of Industries, Gove rnment of Assam ; (h) the Director, Pub lic Enterprises, Gover n ment of Assam ; (i) the Mana ging Director, Assa m Industrial Infr astr uctu re Development. Corpor ation ; (j) two non-official Directors nominated by the State Governm ent who are, in the opinion of the State Government, quali fied as havin g the expe rience and capa city in, industr y or trade or finance or who in the opinion of the State Governm ent are capable of repre senting the interest of persons engaged or employed therein ;- — * ° (k) two Directors nominated by Financial In„ stitution s/Banks pursu ant to agreem ent with the corporation^ 5, Th e Commissioner and Special Secretary to the Gove rnment of Assam, Industries Dep art ment shall be the Chairman of the Corpo rat ion ; 6. A person shall be disqualified for being Dire ctor sh ip no m in at ed as a Director of the Corporation, if he—• « * (a) is an employee of the corporation, not being the Chief Execu tive Officer, or (b) is of unsound mind, and stands so declared by a competent court, or THE AS SA M GAZE TTE, EXTRAORDINA RY FEB. 14, 199J 45 (c) is an undischarged insolvent, or (d ) has been convicted by court on a charg e of crime involving moral turpitude. ceS r r aand?*- 7 - (1) ( a ) Ev ery Director of the Corporation d it io n s o f nominated under Clau se (j) of Section 4 shall hold D ka cw „of offices for a period of thre e yea rs from the date of his nomination, unless his term of office is termi nated earlier by the State Govern ment. (b) Where a v aca ncy of any such Direc tor oc curs due to comple tion of the term of office or due to termination of his term of office earlier, the vacanc y shall be filled in accordance with the pro. visions of Sectio n 10 . (c) An y person nominated as Director of one or more occasions shall unless disqualified, be elig ible for renomination; (d ) Where a person is nominated to be or become a Director of the Corporation by virtue of holding any office, he shall, notw ithsta nding any thing contained in this Act, cease to be a Director of the Corpor ation as soon as he ceases to hold that office. C o rp o r^ io nf 8 . The Corpo ration shall meet at such times and shall obser ve such rules of proced ures in r egar d to the trans action of its business as may be provided by regulations m ad e un de r this Kct, C e s s a t io n 9, (i) if a Di rec tor;— on Di rctor- ship (a) becomes subject to any of the disqu alifica tions mentioned in section 6, or (b) tenders his resign ation in wri ting to and such resign ation is accepted by the State 1 _ Government, or (c) is absent with out the Corp oration’s per mission from three conse cutive meetings of the Corporation, or 46 THE ASSAM GAZETTE. EXT RAORDIN ARY, FEB. 14; 1991 (d ) is convic ted of an offence involving moral turpitude, he shall cease to be a member of the Corporation. Vacancies how to be filled 10. An y vac anc y of a Director of the Corpora tion shall be filled as early as practicabl e, in like manner as if the appointment were being made or ig in al ly : Provided that durin g any such vacanc y the contin uing Directors may act as if no v aca ncy had occurred. a b S n c «ao f 11- If fhc Chairman of the Corpo ration is by Ch airm an , reason of illness or otherwise rendered temp orarily incap able of carrying out his duties, or is grante d leave of absence by the State Gove rnment or is otherwise unab le to attend to his duties in cir cumstances not involving the cessation of his Directo rship, the State Gove rnment may appoint any other Director to act as the Chairman of the Corpo ration and he shall carry out his duties and functions by or under this Ac t until the Chairm an resumes his duties. le s u m e d ”8 12. No disqualification of or defe ct in the v a if d °d and appointmen t o f any person acting as the Chairm an or a Director of the Corpo ration shall vitia te any act or proceedings of the Corporation, if such act or procee ding is otherwise in accordance with the provisions of this Act. em p1 oy een of 13. (1) The State Gove rnment shall appoint a th e c o rp o ra - Managing Director who shall be the Chief Execu tion. t |V e officer of the Corporation. #> - gigfl b -Z it 1 (2 ) The Corpo ration ma y appoint such other officers and emplo yees subordinate to the Manag ing Directo r as it considers nece ssar v for the effi cient perfo rman ce of its duties and functions. THE ASSAM GAZETTE, EXTRAORDINARY. FE B. 14 , 199i 47 (3) The conditions of appointment and service of the officers and emplo yees and thei r scales of pay shall— (a) as regards the Managing Director, be such as may be pr escribed ; and (b) as regards the other officers and emplo yees, be such as may be determined by regulations made under this Act. (4 ) If the Manag ing Dire ctor of the Corp ora tion is tem por arily absent, or rende red incapa ble of perform ing his duties for any reason whatso ever , not involving the vacation of his office, the State Gove rnment may appoint ano the r* person to act in his place during his absence. Such person shall vaca te office on the date the Manag ing Direc tor resumes his duties, C toPa ° b ? o An 1 4 - (1) The Corpo ration shall take over and c e r ta in sta ff employ such of the existing staff serv ing for sT m e^ b ^ g a -^ h e Infrastructur e develo pment purposes with the n o n of stat eA ssam Industrial Development Corporation Lim i- pec V or m at -t ed , the Assam Small Industries Develop- w h i hthi» m e n t Corpo ration Ltd. the Directora te of A ct T p p ii ’e s Industries a s the S tate Governm ent may direct and ev ery person so take n over and employed shall be sub ject to the provisions of this Ac t and the rule s and regulat ion made thereu nde r: Prov ided that the conditions of serv ice of the members of the staff who are taken by the Corpo ration shall in no wa y be less advan tageous than those which wer e applicable to them imm ediately prior to their absorption. (2 ) All permanent employees take n ove r and employed by the Corporation under sub-section (1) above shall have a lien, on thei r respe ctive posts M THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 19 91 in the service of the State Gove rnment and the respectiv e Corporation and the period of thei r services under the Corporation shall on thei r reser vatio n to the service of the State Governme nt and the parent Corporation be counted for their increments, pension and other matters rela ting to their service. (3) All obligations incurred, all contracts entered into and all matte rs and think s engaged to be done before the first constitution of the Corpo ration by, wit h or foi' the State Gove rnment or Assam Industrial Deve lopm ent Corpor ation Ltd., Assam Sm all Industries Development Cor poration Ltd. and Directorate of Industries for any of the purposes of this Ac t in respect of any schemes for the developme nt of indu stria l areas or indu stria l estates, comm ercial estates or gro wth centres entrusted to the Corpo ration shall be deemed to have been incurred, entered into or engaged to be done b y, with or for the Corporation; and accordingly all suits or other legal proce ed ings instit uted or whi ch migh t have been institu ted by or against the State Governm ent or the Assam Indu stria l Deve lopm ent Corpo ration Limited, the Assam Small Industries Development Corpo ration Limited and the Dire ctorate of Industries, as the case may be, ma y be continued or instituted by or against the Corporation. (4 ) A ll expenditure which the State Gov ern ment or the Assa m Industrial Development Cor poration Ltd. the Assa m Sm all Industries Dev e lopment Corporation Ltd., and the Directorate of Industries may have incu rred befo re the date of the coming into forc e of this Ac t in connection with any of th e purposes of th is Ac t shall be deem ed to be a grant to the Corp oratio n under section 22 of this Ac t on that date, and assets acquired by such expenditure shall vest in the Corporation. THE AS SA M GAZE TTE, EXTRAORDINA RY. FEB. 14, 1991 49 CH APTER III FUN CTI ONS AN D POW ERS OF THE CORPO RAT ION. 15. The functio ns of the Corporation shall Fu cctiooi. b e — (i) gene ral ly to promote and assist in the rapid and ord erly establishment, growth and developm ent of industries, trade and commerce, in the State of Assam; and (ii) in par ticu lar and with out prejudice to the gen era lity of clause (i)— (a) to establish and manage indu stria l and Commercial estates at places selecte d by the State Govern ment; (b) to develop indu stria l areas and growth centres selecte d by the State Gover n ment for the purpose and make them ava ilab le for unde rtakings to establish themselves; (c) to undertake schemes or works, either joi ntl y with other corporate bodies or institutions, or with local authorities, or on an agen cv basis, in furthera nce of the purposes for which the Corporation is established and all matte rs connected therew ith ; (d) to provide or cause to be provided amen ities and common facilitie s in industria l estates, commercial estates and indu stri al areas and growth centres and cons tru ct and maintain or cause to be main tained wo rks and bu ilding s there for; (e) to make availab le plots of land build ings, and amenities on lease/licence/hire or 50 THE ASSAM GAZETTE, EXTRAORDINARY, fEB. 14, 19 8 1 sale to industrialists or persons intending to star t indu stria l u nderta kings; (f) to construct buildings for the housing of the employees of such industries and employees o f the Corporation; and (g) to div er si fy its ac tiv itie s w it h pr io r ap p ro va l of th e Go vt, if such di ve rsifica tio n is dee me d ne ce ss ar y fo r pr op er fu nc tio ni ng of th e Co rp or ation. w^r a'o fth r S u b l e c t th e ot he r pr ov isi on s of thi s Cporora tion A ct , th e Co rp or at io n sh al l ha ve pow er -.. . • • ; .. V K '- ’W-- g r~ y . " r- - A . (a) to ac qu ire and hold suc h pr op er ty , bo th m ov ab le and im m ov ab le, as th e Co rp or a tion m ay de em ne ce ss ar y fo r th e per fo r man ce of an y of its ac tiv iti es , and to lea se, sell, ex ch an ge or ot he rw is e tr an s fe r an y pro per ty he ld b v it on suc h co n ditio ns as m ay be de em ed pr op er b v th e Co rp oration: fb) to pu rc ha se by ag re em en t or to ta ke on leas e or un de r an v form of te nan cy an y lan d, to er ec t such bu ild in gs and to exe cu te such ot he r wor ks as m ay be ne ce ss ary fo r th e pu rpos e of ca rr yi n g out its du tie s and fun ction s: (c) to al lo t plo ts, fa ct ory shed s or bu ild in gs or pa rts of bu ild ings , in cl ud in g re side n ti al tene m an ts and am en iti es to su ita bl e pe rso ns in th e in du st rial and com me rci al es tates gr ow th cen tre s, and in du stria l area s es ta bl ishe d or de ve lo pe d bv th e Co rp or at io n and to ex ec ut e lea se dee d or an v ot he r ag re em en t w her ev er ne ce ssa rv; (d) to m od ify o r rescind su ch all otmen ts, in cl ud in g th e ri gh t and po wer to ev ic t the al lo ttee s conc erne d on br ea ch of an y of o TH E ASSA M GAZETTE, EXTRAORDINARY, FEB, 14 , 1991 51 the terms and conditions of the lease deed or any ot her ag reem en t; w s s i (e) to con stitute advisory comm ittees to advise th e C orporation ; ..ng n (f) to enga ge suitable consultants or persons having special know ledge or skill to ass ist the Corporation in the performance of its functions;" ' , z ■ \ v ■ (g) to enter into and perf orm all such con tra cts as it may consid er necessary or exp edient for car rying out any of its functions ; and ..* ’.... - .. ” - ..... — s — y....... (h) to do su ch ot he r th in gs and pe rfor m such acts as it may ihi nk nece ssary or expedient for the pro per conduct of its functions and for car rying into effect the purp oses of thi s Ac t. tlo n^ foX rs 17 . All permissions, orders, decisions, notices a n d d o c u - oth er docu ments of th e Corporation shall be auth- C o rp o ra L > ne n ti c a t e d by the signature of the Managing Dir ector of the Corporation or any oth er officer aut horise d by the Corporation in this behalf. Power to levy service charge. 18. Notwi thstandin g any thing contained in any con tract or in any law for the time being in force, it shall be law ful for the Corpora tion to levy deve lopm ent cost, fees or service charges to cover its expenses on constru ctio n and ma int e nanc e of roads, drainage, wa ter -su pp ly and such oth er services and ame nitie s as may be provided by i t includin g provision of str eet lighting, at such rat es as may be pres crib ed from time to time and such cost, fees or charges may be levied on the plo t hold ers or oth er perso ns rece iving benefit of the servic es or amenities. 52 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 199 1 b yrt h e ’sta te i 1 9 - The State Gove rnment ma y issue to the Government Corporation such general or special directions as to pol icy as i t ma y thin k necessa ry or expedient for car ryi ng out the purposes of this Act, and the Corporation shall be bound to fol low and act upon such directions. CH AP TE R— IV FIN ANCE, ACCO UN TS AND AU DIT Application of Corpora tions assets. Corporation fund. 20 . All prop erty, fund and other assets vesting in the Corpo ration shall be held and applied by it, subj ect to the provisions, and for the purposes of this Act. 21. The Corporation shall have and maintain its own fund to which shall be credited— '1 © (a) all moneys received by the Corporation from the State Gove rnment by way of grants, equ ity contribution, subventions, loans, advances or otherwise; (b) all fees, costs and charg es received by the Corporation under this A c t ; (c) all moneys received by the Corporation from the disposal of lands, buildings and other properties mova ble and immovable and other transactions; (d ) all moneys received by th e Corpo ration by wa y of rents and profits or in any other mann er or fro m any other sources; (e) all moneys received by the Corporation from Gove rnment undertakin gs, Comp a nies, Fina ncial Institutions, Comm ercial Banks or from any oth er sources. TH E AS SA M GA ZE TT E. EX TR AO RD IN AR Y FEB. 14, 1991 53 22 . The State Gove rnment may after due Legislature by Granteg, snb icr ipt icn s lo an s an d appro priation made by the State to ^ h ”cco r-l a w i n “ this b eha lf make such equ ity capital, grants, po ra tio n. subscriptions, loans and advances to the Corp ora tion as it m ay deem necessary for the performan ce of the functions of the Corporation under this Act, and all grants, subvention, loans and advances made shall be on such terms and conditions, as the State Gove rnment may after consu lting the Corporation, determines. P o w e r of 23 . (1) The Corpo ration may, from time to Co rp or at io n time, with the previous sanction of the State l° (ib°gu;^n-G overn ment and subject to the provisions of this t e e of l o a n s . Act and to such conditions as ma y be prescribed in this behalf, borrow any sum from open mar ket or from Ban k o r financial institution required for the purpose s o f this Act. (2 ) Rule s made by the State Gover n ment for the purposes of this section ma y em power the Corpo ration to borrow by the issue of bonds or stock or otherwise . (3 ) The max imum amount which the Corp o ration ma y at any time Rave on loan under sub section (l j shall be rupees fif ty crores unless the State Governm ent wit h the app roval of the State Leg isla tive Asse mbl y, fixes higher maximum amount - : .. ... - • ' * 1 (4 ) The State Gov ernm ent ma y guar antee in such man ner as it thinks fit the paymen t of the prin cipal and inte rest of any Ioan proposed to be raised by th e Corporation or o f e ither th e p rincipal or the i nte re st : Provide d tha t the State Gov ernm ent shall, as long as any such guara ntees are in force, lay befo re the State Leg islative Ass em bly in ev er y year during the first session of the State Legis la tive Asse mbly, a statem ent of the guarantees, if any, give n during the current financial year and an up-to-da te account of the total sum, if any, which have been paid out of or Into the State 54 THE AS SA M GAZETTE, EXTRA ORDIN ARY VFB. 1 19 S1 Reve nues by reason of any such guarantee s or paid in to the State Revenues towards repa yme nt of any mon ey so paid out. D e p o w te . 24 The Corporation ma y accept deposits on such terms and conditions as it deems fit from persons, autho rities , or institutions, to whom allotment or sale of land, build ing o r shed is made or is lik ely to be made in f urth eran ce of the objects of this Act. « h C Trf u n d sn.d 25.(1) The Corporation shall make provis ions for such rese rve and other spe cially denominated funds as the State Governm ent mav, from time to time, direct. .e (2 ) The mana gement of the funds refe rred to in sub-s ection (1), the sums to be tran sfer red from time to time to the cred it therein and the applic ation of mon ey comprised therein shall be determined by the Corporation. < e > (3 ) The funds refe rred to in sub-section (1) shall not be utilis ed for any purpose other than that for whi ch it was constituted withou t the previous approval of the State Government. Expenditure from funds. 26 (1) The Corporation shall Have the author ity to spend such' sums as it think s fit for the purpose s autho rised under this Ac t from out of the general fund of the Corporation refe rred to in Section 22 or from the rese rve and other funds refe rred to in Section 26 , as the case may be (2 ) Without prejudic e to the gen era lity of the powe r conferred by sub-se ction (1), the Corpora tion ma y contribute sums, as it thinks fit, towa rds expe ndit ure incu rred or to be incurred by any local aut hor ity or statutory pub lic undertaking in the performance in relation to any of its indu s tri al and comm ercial estates or industrial areas, and grow th centres, of any of the statuto ry func tions of such aut hor ity or undertaking, inclu ding expend itur e incurred in the acqusition of land, THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 19 91 55 (3 ) The Corporation shall hav e authority to advan ce loans, with or with out sec urity or inter est, to its employee s on such term s as it deems fit. p r o g r a m m e 2 7 - C1 ) T he Corporation shall, by such date o f work, in each year as may be prescribed, prepa re and submit to the State Governm ent for approval an annual financ ial statem ent and the program me of wor k for the succee ding financial year.- - — - ’ (2 ) The annual financial statement shall show the estimated receipts and expe nditu re durin g the succeeding financial yea r in such form and detai l as may be prescribed. (3 ) The Corporation shall be competent to make variation s in the programme of wor k in the course of the year; provid ed that all such varia tions and reapp ropriations out of the sanctioned budget, are broug ht to the notice of the State Government. Accounts a , d gg q ) The Corporation shall maintain books of accounts and other books in relation to its business and transaction in such form, and in such manner, as m ay be prescribed. .....................' ....................................... (2 ) The accounts of the Corporation shall be audited bv an auditor appointed by the State Gove rnment in consultation with the Con troller and A udi tor-Ge ner al of India. (3 ) As soon as the accounts of the Corp ora tion are audited the Corporation shall send a copy th ereof together with the copy of the report of the auditor thereon to the State Government. (4 ) The State Gove rnment shall cause to be forw arded the accounts of the Corpor ation together with the audit report there on to it un der sub-section (3 ) to be laid ann ually before the State Leg isla tive Assem bly. 55 7 HE ASSAM GAZETTE EXTRAORDINARY, FEB- 14 , 19 91 Concurrent and special audit of acco unts . Applicatio n o f Assam public pre mises (Ev ic tion o f un authorised Occupants) Act, 1971. 29.(1) Notwi thst and ing anyth ing contained in the last precedin g section, the Sta te Govern me nt may, by order, direct th at the re shall be con cur ren t aud it by such perso n as it thinks fit of th e accounts of the Corporation relating to any parti cu lar transa ction or class or series of tran saction s or to a p art icu lar period. (2) When an order is made under sub-section (1), the Corporation shall pre sen t or cause to be presen ted for aud it such accounts and shall fu r nish to the person appo inted under sub-section (1), such inform atio n as the said person nn; req uir e for the pu rpos e of audit. CHAPTER-V APPLICABILITY OF CERTAIN LAWS 9 30.(1) The Sta te Gov ernment may, xx of 1976. by notific ation, prov ide th at from such date as is stated ther ein , the Assam Pu b lic Premises (Eviction of Unauth oris ed Occupants) Act, 1971, shall, sub ject to the provisions of sub-section (2). apply to the prem ises belonging to ves ting in < 5 or leased by the Corporation.’ ■ ' ' ...’ .. "ATT... (2) On a notification being issued under sub-section (1), the afor esaid Act and the rules made the reun der shall ap ply to prem ises of the Corp oration with the following modification, nam ely :— (a) the State Gov ernmen t shall ap poin t an officer of the Cor pora tion who is holding or has held office wh eth er under the Govern ment or the Corporation, which in the ooining of the Sta te Go vernment. is not lower in ran k than th at of a Dep uty Collector or an Exe cutive Engineer, to be the Estate Officer for the purp oses Ifi E AS SA M GAZE TTE, EXT RAORDIN ARY. FEB. 14, 1991 57 of the aforesaid Ac t and one or more officers may be appointed as Estate Officers for different areas or for the same area ; (b) refer ence to 'p ub lic premises” in that Ac t and those rules shall be deemed to be referenc e to premises of the Corporation and refer ence s to the '"State Gov ern men t” in sections 6, 13 and 15 A thereof sha ll be deemed to be refer ence s to th e Corporation. Non-appii- 31. (1) The Assam Urban Areas A s s a m Act cenain Acts Rent Cont rol Act, 1972 shall not of app ly - (a) to any premises belonging to or vesting in or leased by the Cor poration under or for the pur poses of this Act; (b) as against the Corpo ration to any tenancies or like relationship created by the Corpo ration in respect of any premises; but shall app ly to any premises let to the corporation. (2 ) The State Gove rnment may, by notification published in the official Ga z ette, decla re that such of the provisions of the Assam Tow n and Cou ntry Pla nn ing Act, 1959 shall not app ly to the noFmo' premises belonging to or vested in the Corporation or to any indu stria l area, industria l estate, grow th centre or com mer cial estate for a period of ten years from the date of commencement of this Act. . 58 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14 , 199 1 (3 ) The State Governm ent may, by notification exem pt any such premises or estate as aforesaid from any of t he provi- 2^^ 1957 sions of the Assam Muni cipal Act, 1956 or such period, not exceeding ten years, as may be specified in th e notification. CH APTER - VI. ACQU ISITIO N AND DI SP OS AL OF LAN D. Acquisition of land. 32 . Whenever any land is requ ired by the Corporation for any purpose in furtherance of -t he objects of this Act, but the Corporation is unable to acqu ire it by agreement, the State Governme nt may upon an applic ation of the Corporation in that behalf, order proceedings to be taken under the Land Acquisit ion Act, 1894 for acqu iring the same on beh alf of the Corporation as if such land were needed for a public purpose with in the meaning of that Ac t and upon compliance of the provisions of that Act, the land so acquired shall vest in the Corporation. 9 Tr an sf er of 33. For furtherance of the objec ts of this Lan dTThe Act, the State Governm ent may, upon such con- Co rp or at io n -ditions as ma y be agreed upon betw een the State Governm ent and the Corpor ation, place at the disposal of the Corpo ration any land veste d in the State Government. fin ’db 'the $4 . Subje ct to any direction give n by the Corp oratio n.Sta te Gove rnment the Corporation ma y dispose of any such land veste d in the Corporation under Section 32 or placed at its disposal under Section 33 or acquired by it by agree ment to such person in such manner and subj ect to such terms and conditions as it considers expedient for serving the purposes of this Act. THE AS SA M GAZETTE, EXTRAO RD INA RY FEB. , 14 1&91 59 CH APTER - VII. SU PP LE ME NT AR Y AND MISCELLANE OU S PRO VIS ION S. Power of the C or po ra ti on 35 . (1) If the Corpor ation after holding a cer tXede fa -l°c a l e n Qu iry or upon report from any of its u h s b y o w n e r officers or other information in its possession, is in d is tH a '1 1 satisfied that the owne r of any land in an indus- a r e a . tri al area has faile d to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to car ry out any developm ent of the land for whic h permis sion has been obtained under this Act the Corporation may serve upon the owne r a notice requ iring him to provide the amenity or car ry out the developme nt with in a reasonable time to be specified in the notice. (2 ) If any such amenity is not provid ed or any such develo pment is not carr ied out with in the time specified in the notice, the Corpo ration ma y itse lf provide the amenity or carry out the develo pment or have it provid ed or carrie d out throu gh such agen cy as it deems fit: Provided that, befo re taki ng any action under this sub-section, the Corporation shall afford reasonable oppo rtunity to the owner of the land to show cause as to wh y such action should not be taken. _ _ ..... (3) All expenses incurred by the Corporation or the agency emplo yed by it in providing the amenity or car rying out the developme nt together wit h interest, at such rate as the State Gover n ment may by order fix, from the date when demand for the expenses is made until payment, shall be reco vera ble by the Corporation from the owner. o. de ro fd e- 36. (j) Where the erection of any build ing in bSung.0 an industrial area, indu stria l estate, commercial estate or growth centre has been commenced or 60 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14 , 1991 is being carrie d on, or has been completed, or an y- existin g build ing is alter ed in contravention of the terms on whi ch such build ing or the land on whi ch it stands is held or granted under this Act, any officer of the Corpo ration empowered by it in this beh alf may, in addition to any prosecution that may be instituted under this Act, make an order direc ting that such an erection shall be demolished by the owner thereof within such period not exceedin g two months as ma y be speci fied in the order, and on th e failures of the owner to com ply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be reco vera ble by the Corpo ration from the ow ne r: Provide d that no such order shall be made unless the owner has been give n a reason able oppo rtunity to show cause wh y the order should not be made. (2 ) An y person aggr ieved by an order made under sub-section (1) may pre fer an appeal against that order w ithin thirt y days from the date thereof to the Corporation, and the Corpo ration ma y aft er hear ing th' e parties to the appeal eithe r allo w or dismiss the appeal or reve rse or va ry any part o f th e order. (3) The decision of the Corpo ration on the appeal and subject only to such decision, the order made by the officer under sub-section (1) shall be final. Po Whr - i d? 37.( 1) Where the erection of any building o p ° elr a H o n .in sin a n indu stria l area or indu stria l estate or com mercial estate op growth centre has been comme nced, or is being carr ied on, or any existin g bu ildin g is altered, in contraven tion of the terms on which such building or the land on which it stands is held or granted under this Act , any officer of the Corpo ration empowered in this beh alf may, in addition to any prosecution that may be institu ted under this Act, make an order THE ASSAM GAZETTE. EXTRAORhlNARV FEB 14 19 91 6 1 req uiri ng the buil ding operat ion in relat ion to such erect ion to be discont inued on and from the date of the serv ice of t he order. (2 ) Whe re such build ing operat ions are not discont inued in pursu ance of the requis ition unde r sub-se ction (1), the Corp orati on or the officer empow ered as aforesa id ma y requ ire any police officer to remo ve the person by whom the erecti on of the build ing has been commenced and all his assistant s and workm en from the plac e of the buil ding wit hin such time as may be specified in the requis ition and such police officer shall com ply wi th the requi sition accor- dinrtlv >5 ^ « (3) Af te r a requis ition under sub-se ction (2 ) has been complie d with, the Corp orati on or the officer empo wered as afores aid ma y depute by a wri tte n order, a police officer or an officer, or emp loye e of the Corpo ration to wa tch the place in orde r to ensure tha t the erecti on of the bu il ding is not continued. (4) An y person fail ing to com ply wit h an orde r made unde r sub-s ection (1) shall, on con victio n, be punis hable wit h fine wh ich may exten d to two hundre d rupees for ev er y day duri ng whi ch such non-c ompli ance continues aft er the serv ice of the order- (5 ) No compensatio n shall be pay abl e to any person for any demage or loss whi ch he may sustai n inconse quence of any odrer made unde r t his section. who, wh eth er at hisc o n s t r u c U o n 38. (1) An y person, u aa n d b u -o w n ^n s ^a n c e o r at the instance of any other per- ad in gc o n t- son, unde rtak en or carr ies out constr uction of, ra r y t o t e r m sO r alter ation s to any buil ding in an indu stria l ° ° area or indu stria l estate or comm ercial estate or grow th centre, con trar y to the terms under whi ch he holds such buil ding or land under this Act, shal l on convictio n, be punis hable wit h fine 62 THE AS SA M GAZE TTE. EXTRAORDINA RY, FEB. 14 19 91 which may extend to ten thousand rupees and in the case of a continuing contravention, with a fur the r fine whic h may exten d to two hundred rupees for every day during whi ch such offence continues afte r conviction for the first commi ssion of the offence. (2 ) An y person who uses any land or build ing in an industria l area or industria l estate or com mer cial estate or growth centr es con trary to the terms under which he holds such land or building under this Act, or in contravention of the pro vi sions of any regulations made in this beh alf shall, on conviction, be punishab le with fine which' may extend to fiv e thousand rupees. pr un es e^ c ^ 9. (1) Within any area taken up for dev e lopment under para grap h (b) of clause (ii) of sec tion 14, and for the purpose o f (a) car rying gas, water or ele ctr icity from a source of sup ply to, or (b) constructing any sewers, or drain necessary for car ryi ng off the wor king and waste liquids of an indu stria l process thro ugh any inte rven ing area, the Corporation or any person empowered in this beh alf by the State Gove rnment by notifica tion (hereinafter in this section refe rred to as "the authorised person ”) may la y down, place, maintain, alter, remo ve or repair any pipes, pipelines, conduits, supply or ser vice lines, posts or other applian ces or appar atus in, under over, along or across any land_ in such areas. - (2 ) The Corpo ration or the authorised person may at any time enter upon any land in any such area and in such event the provisions of section 49 shall, mutatis mutandis apply. (3 ) Whil e exercis ing the powe r conferred b y sub-se ction (1), the Corporation or the auth o rised person shall whe re the land effected in a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such prop erty, and ful l compensation to all persons intere sted for THE AS SA M GAZE TTE, EXTRAORDINA RY, FEB 14, 1991 63 any damage sustained by them in consequence of the exercise or such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorised persons, by the State Government. (4 ) Nothing in this section shall authorise or empower the Corporation or the authorised person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except tha t the Corporation or such person may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alt er any pipe so laid down : Provided that nothing in the aforesaid provi sion shall be construed to mean that the Corpora tion or other person is forbidden from having the said land acquired at any time by the State Govern ment in the normal course. Po w er of 40. Any officer of the State Governm ent, any entry - member of the Corporation, and any person either generally or specially authorised by the Corporation in this behalf, may enter into or upon any land or building with or without assistance of workmen for the purpose of— (a) making any inspection, survey, measure ment, valuation or enquiry or taking levels of such land or building ; (b) examining works under construction and ascertaining the course of sew ers and drains ; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended linse of work; 64 fH E ASSAM GAZETTE, EXTRAORDINARY, FEB. 14 , 19 91 (e) markin g such levels, bou nda ries an d lines by plac ing mar ks and cuttin g tren che s; (f) doing any oth er thing necessary for the efficient adm inistration of this Act: Pro vid ed th at — (i) no such entry shall be mad e except bet ween the hours of sunrise and suns et and withou t giving reas onable notice to the occupier, or if the re be no occupie r, to the owner of the lan d or building ; (ii) sufficient opp ortuni ty shall in every in stance be given to enab le wom en, if any, to withdraw from such land or building; (iii) due regard should always be ha d, so far as may be com patible with the exigeni- ous of the pur pos e for which the entry' is made, to the social and religious u sa ges of the occ upa nt of the lan d or buildin g entered. th^ cor pora- 41. The State Gover nment may, by notifica tion nay.be tio n, nom inate any officer of t he Co rpo rat ion to be o ?h wd Pw«s a con troller or licensing autho rity under any law ■f or the time being in force rela ting to the proc u rem ent or dis tribu tio n of any com mo dity in res pect of the industrial und erta kings exta blished or to be esta blished in ind ustrial area , ind ust rial estates or commerc ial esta te or growth cent re entru ste d to or deve lope d by the Co rporati on , and no such no minatio n shall be calle d into que stio n merely on the grou nd th at such officer is not an officer of the State Gov ernment. Overriding 42. No twithstandi ng anythin g con tain ed in any G ^V ern m en t oth er law, or in any licence or permit, if the State to is su e direc-Government is satisfied eith er on a recommenda tion au th o H ri O sal mad e in this behalf by Co rpo rat ion or otherwise, th at the setti ng up of an ind ustrial undertakin g (wh ether wit hin an ind ust rial are a or outs ide) is im peded by a local a ut ho rity ’s insistence on con dition s which the State Gover nment con side rs THE ASSAM GAZETT
Excerpt shown. Open the full act in Lexace.