LexThe Odisha Industrial Infrastructure Development Corporation Act, 1980
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The Orissa Industrial Infrastructure Development Corporation Act, 1980
Act 1 of 1981
Keyword(s):
Amenity, Development, Engineering Operations, Industrial Area, Industrial
Estate, Means of Access, Premises, Land
Amendment appended: 4 of 1995
26. Budget and programme of 1 ,wd& I i J 1 I J.:; ;\ ;: i : : :I I 1
I it I 1:) ,,lili 1
28. Concurrent and special audit of accounts ;!.III~~A:~~I'I
29. Application of Orissa Public Premises (Eviction) Act, 1972, to Corporation ~~ji~il-.~;?
premises.
!i7F 1 I !it13 :a 7lr.l *-I\,: 11,,t\: . 1
30. Nou-applicability of certain Acts
. l~411~111~~~~ t .'.
31. Acquisition of land
i~~)iJn~~lil~t~-,t~l t1ii6 II~~:u~~~,~II~I~~~~~~ 1 .i
33. Disposal of land by the Cvrporation ~~II\.~I,I~-I~II~~ 1~11 IILJI II;:~III~J;IJ~WL~I .<
34. Acquisition of unutilised . Surplus Uandsvinrifidustrial ~'s~ees 1 :and b~rallotmem.i:! 1' .,I
to other Industrial.
tblfi~!! 3114 I,, .~!~llil~l3~~ ,T
35. power of the Corporation in case of certain defaults. by omcr of land in
IndugtrirrI area. (11hit~hmiIt -:,, i~,~i~gi~a:> .;
36. Order of demolition of building 101l1t lltl %,I -t/t~l i:,i>~i,;:~~iV .('
!I., ,:.I - . :l,.:~:!, , 1. li:, , ,L.
37. Power to stop building operatims
,I . - . I, -' 11 . , , ,
38. Penally for construction of use of lard and buildinge contrary to terms
of holding. !, , I. , , , '8.1~~.j ,,, , ,( "I' ,7m ,, ' > -; , !
39. Power to lay - pipalines, ate.,.
, m
b ,' . . I,
.'- : 'I .,!
. o",. ,~r-, . ~,'hficr.~ 2- ' : i A:,; '-
-4
40. Power of entrg
-, . ,. '. ..li
41. Officers of the Corporation may be v~ntq%~yi$~pher powerr ,
J.
, ., : r 11 -.
42. Overriding powers of, Government to iasue directions .,to, 1-1 aathorit(c~ . :, I
43. Restriction of lcase permission in adjoining art&,-* cedn ms$ , . , r,
.!, .I
44, Executive Committee
46. Public notices how to be made known .,, ,,,* -l,tl JcmL~r,!:!>, ,J,?
,I 1 b' . ,*-
47. Notices. ctc. to fix reasonable timw
"'[,! I , ..! 'I
., ,, , J , :ii:-., Qttt, 10 i If) '1 -.g>
48. Fomisbing of returns, etc.
lo(:q<dx ,?k
49. ~ransfer of existing areas and estates to fie Corporation
(,,I :;~LAI, ,hj;-j :q , ILQ~ .&fi
50. Withdrawal of area or estate or part thereof
xiii
51. Default in performince of duty
52. Dissolution of Corporation
53. Authority for prosecution
54. Composition of offences by board
55. Offences by companies
56. Penalty for obsltaotion
57. Recovery of dues
58. Powor to make rules
59. Powor to make itgulatiom
60. Rejection of action taken in good fdth
61. Director, Officers ad staff of Corporation to be publio sertrante
62. EHst of provision inconsistent with othas lam
63. power^ to rtmovo doubta and Ujflicultios
.r... -- . -- . . .. .-.
. , - 0
ORISSA AC'r 1 OF 198 1
- *%HE ORlSSA D~STIUAL INFRASTRUCTURE DEVELOPMENT
CORPORATIONACT, 1980' , ,. . ,
[Received rhc, assent of [he Presid~nt on rite 5th Ja~~sary 198I, firs1
publfihed in an exrrflorditrury is~~le ofthe Or issa Gazette, dated rhe
19th Jtnlrrary 1981 j
AN ACT TO PROVIDE FOR THE ESThBLISHA1EN.T OF A CORPORATION FOR THE
DEVRLOPFNT Op INDUSTRIAL INFRASTRUCTURE IN THE STATE OF ONSSA.
WHEREAS it is expedient to make special provision for securing the orderly
cdablisbment of industrie: in industrial itreas aud industrill estates in thc State
of Orissa and to mist generaly in rhc organisalion thereof, and for rhat pur
pose to establish an Industrial Infrastructure Development Corporation, and for
purposee mnnccted with the matters aforesaid.
It is hereby cnactcd' by' tlrc Lc~islaturc'-of- thc State of Orissa in thc Thirty
first Year of the Republic,af India, as folIows :-
PRELIMINARY
Short atsP1 trtl - , 1. (I) ThisAct may bc called . thc Orissa Industrial Inirastructurc Develop-
Cam,, ment Corporalion Act, ,1980.
mmt
(2) It oxtends to thc wholc of l,ic Stale of Orissa;
(3) It shall comc into force at oncc.
Dcfinltlona 2. In this Act, unless thc context oti\erwisc requires : -
(a) " amenity " includcs road, railway siding, air slri]), ware housing, supply . . of water or electricity, s trcer Iighl ing, drainage, sewcraze, conservancy . . ..
and such oll~cr convenlencc as the State Govcrnrnent may, by mtification
specify to bc an amenity for t hz purposes of this Act ;
(b) '#Board" means the Board of <the Directors of the Cclrpo'ratibn ;
(c) "bdlding" meall.; any struciurc or crcdion, or part of a structure dr
, erection, which i6 intcnded ro be used for rzsidenlial,, industrial, =dm-
mercial or other purposes, wlletbel in actual usc or not ;
(J) "Colleclor" 'means the Collecior of a dirlrict, and i~~cludcs any officer
speciaIIy empowered by the State. Gover~lucn t lo pcrlorrn the functions
of a Collector under this Act ;
-
(e) "Corporarionm means rhe Orissa Indndrial Infrastruct urc DcuelopmaJt
Corporation established under scction 3';
( f ) ''develoPment" with its grammatical variations, means the carrying our
of building, engineering quarrying or other .opcralions in, on, over or
under land or the making of any material change in -any building or land,
md includes re-development, but docs not include mining ;
.-and "to devcIopa* shall be constructed amordingl) ;
For 6laltm:nt or objcctm and reasons yce Orb- ..Gazcrtec, . Exlraordinary, ,&fed., the 1st
mbcr, 1980 (NO. 1328)~:' ',,,- . -, ' ::! : c. . - , .I.
THE ORlSSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
CORPOWTION ACT, 1980 [ Orissa Act 1 of 1980 1
( Sees. 24 )
(g) "engineering operations" include Lhe fordon 01 laying out. of ma&
of access to a road, rail or water way' or the laying out of means
water-supply, power supply, and communication sysmtem ;
(h)."industrial area " means. any area declared to be an industrial area by
' the State Government by notifiation, which is to be 'deveIoped
where industries, industria1 housing and related services are to be
accommodated ;
(i) 'indushhl -estate'* means any site selected by the State Governmentwhere
the Corporation builds f~ctories and other burldings, service3 and amenities
..and makes them avaiIabIe for any industry or clds of :industries,'; . . . .
: (j3 '*means of access" includes a mad or any rema of access, whetberprivab
or public, for vehicles or for pedestrians or for mil or for water, pow= . -
or communicration systems ;
., ~~~k)'bpremises"~meansanykndorbuMiagorpartofabuildingand~i&ludes-
(I) the garden, grounds and out-houses, if any, appertaining' to sch
building or part of a building ; and
(ig any fittings affixed to such building or part of a buiIding for the
more beneficial enjoyment thereof ;
(I) "prescribed" means prescribed by mles made under this Act ;
- '. (m) the expression "land" and the expresAon "pm'on interested" shall have . ,
thc meanmgs respectively asbiped to them Under section 3 of ,the tand .
Acquisition Act, 1894. 1 of lmi;
ESTABLISHMENT OF THE CORPORATION
mtibl hh- 3. (I) For the purpose of securing and assisting in the rapid and orderly
1-cnt and establishment and organisation of industries, trade and commerce in industrrial areas and
IwOra- bdustrial:estates in the State of Orissa, there shall be eslabxshed by the State tion. . Government, by notifiation, a Corporation by the name of the Orissa Industrial
Tnfrn~truct~re Development .Corporation.
(2) The Corporation shall be a body corporate with, perpetual sucxession and
n common seal, and may sue and be sued in it, corporate name, and shall ba
competent to acquire, hold and dispcse OF property, both movable and immovable
and to. contract and do all thingsnccessary for rhe pu@ose~ of this Act.
Constiludo~ 4. (I) The genenl supccintendence, daectibn and' ;m;lagement of the affairs
oc Board of and- buiinesj of tire Corporation shall vest in a Board of Dire~tob, which .with the
DLFtFfOra. as-ktance of an ExecuUve Cornmartee and a Managing ,Director, may exercise aU
the powers and discharge all the fuctions which may be.exercised or d~sch~ged
by thr: Corporation.
I - (2) The Board of Directors sh~ll w~ht of fifteen Directors, . namcly :-
<i).Secretary to .Gdveritme;lt iu the Industries ,Department,
' .tii) Secretary to . Governmeat , in the Finance .
ifii)'Seaetafl 10 - Government In the Revkue Dcwe
-(ill) Director af Industries, Ofisa,
Chairman, Orissa Statc Elairicily ' Bolud, . . ,
iOMSSA :.lINoUSTRbkL LNFRASTRUCTW DEKELDAMEm
CORPORATION ACT, 3980 [:Oria~ -Acf I : OP A94 I 1
Ai;Manag~ng Director, Industml Development Corpora~tron of Ocish Limited,
-
rl
, !@i) Managing Dqectbl, Ipdustpil J?iornoti~s aud Jnvwtment Cgrpprstion
of On's% Lirmted,
piii) Managrng Director, Orissc Stgte ~inaociql Corpor$tiog
(ix) Managing Direptor, Orks Small Ind~lrie .Corporation Lbrted, . ,.
(x) chiif Engineer, Public HeJm Department,
(xi) Managing Director 01 the Corporation,
- IxCl four Directors nominated by the State Government horn amongst persons
appearing to it to be qwli6ed as having had ' expenewe of, and having
rhown capacity in, industry or trade 01 finance, or who, m the opinion
of the State ' Golfernmeat, are capble of regesentiug the ' intatst
of person3 mgagld or employed therein.
(3) The Srate Government , ,. ahdl wppoiet pne of :he D.iwto!s tu the- Cw
0 -,
os the Board. -
-. . .. .>
. '.
Meqd~ar- 5. A person sh::ll be disqu@ifie for bing . . nolpinated <I ,.. -. as .@ Director of the ,
don for Board. .IT % h,+ . ' , ,
Dira0isbl~ -
'-- - .(a) is au employ- , , ok , the . Corpprdt ,. op, ' not bei y- the Mqwging .- Diractor; .
I ,... or . . ,, ,
.. . ,
. . (b) is .,of , unsound mi@, apd ends so. d?la# (by a -+mpe~fl .(.. , .~u,;,:~.r .
(c) is an un-dischargsd insolvent ; or
{d) has a subsisting . cqntraqt , with the a, . C>o~oration. ,.,
Term of The Chairman and the Directors nominated unde~ clause .(xii) af eub-
of section 4 shaU holC office d the pleasure of the Governor. Cmdit10~
of~eiri~ or DIrsetors. (2) Subject to the provisions of sub-secdon (I), the term of uace J the dd.
Dpe~tors shall be tor a period .of three ,years from ahe dale nf thejr ;1.1,@nabcin
and 8haU include any .[urlher per~od .wGch' . mrfy . .elapse I betwe- @e expjrstion
of the said period of three years aid the d;ate of uoqnatlon of their, 9u.Ccessprs.
(3) The nominated Directws sbJl be entitled, to draw such fees ?,no aUowances
as may be presmibcd,
(fl Aw 9erson nomina~ed as Director on one pr more oc~siens shall, unless
&squalificd, be eligible for renomination.
\5) Where a person IS nomiqted to bc or becomes a Director by virtue of
ho~dirg . +n:, office, he shall, notkiths~tlding anythr ng conta?~~ed in this Act, me
to be -Director as goon' &s he ceases to hold that office. '
7. (1) The BaN shall mect at such times aqd places, aati,,sbaJ, sybjq $0
EF:~~:~ the provirioni d sub-bectian (2), observe such rules of procedure in regakd to the
trauqc$ion of its !us!nesa .., may . . be provided byregvhtitim macie . .. pnder this Act.
(2) :A Dj; ector, wile is,direc t13 or indirefitly concerned or ,intemsJ.ed :k any ~antufl,
a loan, atrangeLmeat' ,,or -proposal- enter& Into or proposeJ .to be,pn~rqd jet?, .by orgn
. kmlf of -'the Chrpo~.tton, shall .qt the earliest powble omrwpity ,,d!sBcl.qse 'fie
mture of hs interesr to the Bo~rd, and shall not be gresentrit any meetbof
the Bed when as3 such mntrtict, l~an~arrangement , or propqsal is dis:u:sed, -unless
,Ids. ,presence .is required ,bo -the other D~rectors for tht purpose df eliiitiq@.~dormatio~r, , '
'-but ub .Director so :required tojbe present -. ihshall vote, .on by such ,contradC-!o,&,
anangeaont . : or i ?roposal; . , ., I, ,... ,-'1,.
L ..
THE JIORISSX-' INDUSTRIAL INFRASTRUCTURE DEVELOP=
: CORPORATION Am, 1980 ['Oiissa-Act' of-1981'1
( Sea. 8 -13 1
egM",, ,: 8. If . s - Director- .
"- - (a) become3 subject to any of thc iceisqual16ition!: mentioned in section 5 ; or
(b) tenders his resi~;natica, m writing to, such resignatiau is acceptcd
by the Sbte Government ; or
. , -
(c) is absent without the Buud's petmidion from three consealive meetings
of the Board, or from all mectiw .of thc Board for three consecutive
montbs ; or . . . .
.. . (6) is convicted of an gffence involving mor..l hupi~ude, he shall cean
to be s member of ,.the goard.
Vd ' 9. Any d vam in' the Board shall befrlled is ur1y as pract~cdda
Wed. '"'O like manner as if the appointment were being made origuhlly-:
. . . ._ Prov~ded that during any auch vacancy the coathuiug members may ad a*,
If no vacancy had occurred.
Tmporar~ ' '10.- ~f th6 Chairman of tha ~omi is hy raon of ihess or otherwise, rendered
$- tunporarily inc~pable of mrriying our his duties, or is ganted lcavs of absencd -,
by .the State .Go~crnent .or i~ otherwise unable to attend to $is duties in , circum-
stances not involving the oessation of his Directorship, the State Govervent may
appoint the Managing Dimtor or any- other. Director. to act as the Cbmmn and
out his duties and functions 'by or under this Act until the Chairman resumes
his dutios.
-%?to 11. No disqualificatian of, or defeEt in the appointment of any person acti
rgoDd u tho Chkqan 01 B Director of the Bg?rd,shall vitiateanyact~r prowuding
md ~alld. of the Board, d such act or proceeding is o theda in accordance with the provisions
df this Act. .
m=a epd 12. (I) The State Government shall appoint a Managing Director who shall
Senants Of be the Chief Executive Officer of the Corporation. . .
thscorpo*
. ..
dm. (2) The Board may appoint such other dficers and servants, subordinate
. to the Mansging Director, as it consideis necessary for the acient perfor
mance of its duties and -functions.
(3) The conditions of appointment and service of the aficers and- servants
and their scales of pay shall-
(a) as regards the Managpg Director, be such as may be prescride ; and - -
. . .- -
(b) as re& ihe ither officers and servants, be such as may be determined
by reguIations made under this Act.
. .
(4) Zf. the Managing ~irector of the Corporation is tkrnporady absent or
' rendered gapable ?f performing his duties for any rhon whatsoever, not involving
the wbon of hs office, the State Government may, after consulation with tho
Board, appoint another penon to act in his place during his absence. Such person
sbaU vacate -0ffic8 on the'date the Managiog Director resumes his duties. ... . - .
-. .
Oorparation 13.(I)~The'Corpoiation shaUitake over and employsuch oftha existingstiff tu absorb for the puqoses of the Industrial Promotion and Investment Corporationof CCrlaInstoff
,d me Orissa. Limited and the Orissa Small Industdes Corporation, kited as the State
obli~ums .. C30vdnunent qiiy . direct and every: person so , taken over and employed shall ba
of Sat0 abject b tha provisidas of this Act and the rules and regulations made thereunder: amantrncol - .,. , ,-
IP re- of , ' -
-ro
rrm thlr , - provided that the conditions of service of the members of the sM who are
&I ~ppIiar, Cakep. aver : by the , Coqtorntion shall in no way be less adv&tageous than those
wHch were eppricable to them immediately prior to their absorption. , . : . . : .:
(2) All obligations incurred, all coo tract^ entered into and all matters and
fhing. ,engaged. to be dooc, before the first csrabfishment of the Corporation, by,
with or for theU.State Government or the Corporations aforesaia, for any 01 the
purposes of thls Act, in respect of any scherncs for the -deyelopmcnt of industrial
estates or industrial areas entrusted to the Corporation, shall be deemed to have
been. incurred, entered into or engagcd 10 be done, by, with or fcr thc Corporation,
,ind ' accordjngly -all suits or other legal prqcecdings inslitu red or which might have
been instituted by or against tbc Sfate Goveinment or. the Corporations aioresaid,
as the ase may be, may be continued or instituted by'or against the Corporation.
(3) All expenditure which the State ~overnment or rh: Corporation arbresaid
may- haye ,incurred before the date of-the coming into force of.ths Act ~n~connec
tion:.with. ariy of the purposes ,of this Act shall be: deemed to .be a-grant to the
Co~omrions under seciton 21 on that date, and all assets acquircd by such expen-
diture sbaU ',vest in rhe' Corporation. ,
CHAP~ER' IfX
FUNCrIONS AND POWERS OF THE CORPORATION
14. The functions of the Corporation shall be:- FnnctIon.
(i) generally to promote and assist in the rapid and orderIy establishment, growth . ,
and develo~ment of industries, trade and commerce in the State, and
(ii) in particular and without prejudice to the generality of clause (i) to-
(a) establish and manage industrial estates at places notifid by the State
Government; .-
(b) develop industrialarasnotibed by the State Government for the purpose
and make them available for underrakings to establish themselves;
(c) undertake schemes or works, either jointly with other corporate bodies
or institutions, or with Government or IocaI authorities, or on an
agency bclsis, in furthemce of the purposes for which the Corporation
is established and all matters comected therewith;
(d) provide or =use to be provided nmenilies and common facilities in
industria1 estates and industrial areas and construct and maintain or
cause to be maintained works and buildings thereof;
(e) make available buildings on hire or sale to industria.1is.t~ or persfins
intending to btart industrial undertakings;
CT) constflct buiIdings for the housing of the employees of such industries
and emkloyees of the Corporation.
Go;lcrat 15. Subject to the provisions .of this Act, the Corporation shall have power-
po~m or the
Corporation. (a) to acquire and hold such property, both movabIe and immovable, as the
Corporation may det m necessary for thr performance of any its activities,
and to lase, sell, exchange or otherwise tmnsfer-any propwty.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 func-
tions; . .
.<-,,. 1
. ... 4,
1. , *, .
TKR ORISSA INDUSTRIAL INFRASTRUCTURE DRVELO~MBNT CORPORATION ACT, 1980 I Orissa Act 1 OC 1981 ]
. ' (c) to allot plots, factory sheds 'or buildings- .or part of buildings,
,.,
. or developed by the Corporation;
'
rcsiddiiial tenemct~ts,'to s~itablc persons in the, industrial estates . .
, -
I. . . ,,, ,
(d) t'o modify oi rescind such illotrnepts, including tho right andp(wei,%
evict the allottees conmrned on breach of any. of the terms or wnditiona
of the -allotment; , ,
(e) to constitute advisory committees to advice the Corporation;
Cfl to engage suitable consultants , or ,persons'. having special knowldge of
skill to ,assist the' Corp'omtion in thu performance of its hnctions;. *,. ;. . . , , -
(g) to enter into and perform all such wntracts as it may consider necessary, or
expe dient for mrrying out any of its functions; and
(h) to do such other things and ,peCform such acts as it may think nmsarSr
or eqdient for the proper .anduct of its functiofls add the wing
igto effect ,Lhe,purposes of this Act.
Anthcotl a- 16. AU permissions, orders, . decisions, netices . and other documents , of th6
tlon of Corporation shall be anthenticated by the signature of the Chief Excutive Offimr
orders and of the Corpomtion. . , , .,
dmmalr . , , , ,.. . . : ,.. .* ..
.of corpora-
tion-
Power to 17, Notwithhiding. anything contained 1 in any -contract or any Iaw for he timb
levy wtcc being in force, it shall be lawful for the Corporation to levy development cost, fee9
chargo. or service charges to mver its expenses on construction and maintenance of roads,
dminge, water-su;pIy and such other services and amenities as may be providd
by it including provision of street lighting, at such rates as may be prescribed fmm
time to time and such cost, fees and cbaeges may ba Ievied oh the plot hdders or other
persons receiving benefit of the services or amenities.
Dlrectlom . 18. The Stale Govemmcnt may isrue to the Corporation such geneml or specid
by the State directionS as to policy as it may think necessary or expedient for mtrying out tho
Government. purposes of:this Act, and the Corporation shall be bound to follow and act upon
such dfrecbons. , .. ,.
19. All property, fund and .other assets vesting in the Corporation shall be
2fpgFm- held and appIied by it, subject to ,the proyisio~~ and for the purposes of this Acf
tion's assets.
Corpo ia- 20. The Corporation . shaU have . and maintain its own fund, to which shall
,,-
Hoo.3 fund. be mditod--
(a) a11 amounts rewived by the Corporatian from the State Government by
way of grants, subventions, loam, advances or othemisa;
(b) all fees, costs and chargee r&ived by the Corporation under this Act;
(e) all amount, re&ved by the Corporation from the disposal, of lands buildings
,and othr piapedies movabli and movable and other transactions;
(d) alI amount3 received by the Corporation by way of rents and profits or
ia any other manner or,'from any other source; . ,
- 'tuj auj ahinn& &xi& by tbe &porntion from ~ovofnm&~t UII~M~S*
Qompanias, Fhmdd Institadom, Commeroial Banks or ftom any otha
amm.
. . - . ,.
7
8, , J !,.
THE ORISSA INDusTRIA-L' .'. INFRASTRUCTU~! DWELOPMENT
CORPOKATION ACT, 1980 [Orissa Act 1 of 1981 1
Grants. 21. The State Governmant may aRer due appropriation made by the State
rrnbVcnHdd9, Legi~laiure by law in this behdfg, mzke su~h grants, subventions, loans and advanm --. loam and to -the Corpbiatioa as.' iir:'hay' deem'%ieessary fdr the performance of the funclioqs . . sdvances to ths corpom. af the Corpsration under this Act; and a11 grants, bubventioos, roans aid adyki~ces
don. made shall be on such terms and conditions as the Ststs Government may
8fter .consulting , the,, '..Corparaticn : determine.
Power of 22. (I) -rI'tiz Coip~fation may, ffdm time to timc, with the previods sanction
fation of the SLatc GovzrLlm:nt and subject L3 thi: pidvisions of this Act and LO such
IO zmw oondicions as mly ba pnicribzd in this bshalf, barrow any sum required for tho
andgurao- purpo,ses of thi9 Act.
, . , ,
Lte of loans. .. .. _ . .,,,, -...
'I II . (2) ~ulk &dc' by th5 '~tatc ' Givzr'nrrient' for' th.e'iurpajes of this secti--'.
may empower the Corporation to borrow by the issue of bjnds or sLock or otharfnise.
I.
(3) The malti&um, amdunt ' which the ~obo~atisn may at any time have' on
loan uadar 3ub-3e:tion-'(I) slldl b : 6 fty. ~r3rs3 of rup3:5; unless 'tha Statc Govcrpment-
with the appraval of tho State hgislativa Assembly, fixes a higher maximum amount-
, ,
. . I' .,- -. . -.
(fl'The State bvirnmedt AD suanotee in r~cd' manner ar it thinks 6t *j&,
payment of the princrpal and interest of any 1031-1 proposed to be raised by the
Corporation or of either tho principal .or the.interest; ,
Provided [hat the Stalo Cfovernment shall, so long as any such guarantees rn
in form, -lay - 'befor the Stat? Legislature in every 'year during thc:6nt season of
the LigisIature, a Statement of the' gurantees, if any, given-during the current financial
yar and an u?-t~-3at3 acc3ant of the total sum, if any, 'which have bzenpaid
out of or into , the Slate Revenues by reaso~of any such Grantees or paid iutci
the State Revenues towards. rcp1ym:nt of any money so paid., out.
, ,
23. The Corporation may accept deposits on such terms and conditidns as it DePOBiQ deems fit from .persons, authorities or institutions,, to whom .allotment or sale of
Iand, buildings orsheds is made or is likely, to' be made in furtherance of the objects
of th+ ,Act., . -.
- 24. (I)' The Corporation shall make provision for such feserve' -and other specially
RBcrn &a funds. "* denominated . funds as tbe State Govo~nment may fiom time to trme, direct.
I , :- . .
(2) The management of the funds referred to ii sub-section (I), the SU&
to be traosfeaed from time lo time to the credit thereof and the application of money
comprised therein shall ba determined by 'the Corporation.
- -.I .
(3) None of the fuods referred to in sub-section (I) shall be utllired for any
purpose other ,than ' that for which it was watituted without the previous approval
of the State Government. . ,. - . , ,- ,
25. (1) The Corporation shall have the authority to spaad such sums as k
-al:lum thi& -fit for the purpwosauthorised uodsr this Act from out of thc general fvnd
hmfm4 of tho Corporation &erred to in rstion PO or from tho ro!errc and other fund.
referred to in seetion 24, as the ease may be.
. (2j., without prejudi& to the generality of the power '~pnferred by sub-sectiou(i)
the ,, ~orpoktion may . contribute sums. : as - it - thinks fit, towards expenditure
inc* :or. to : be ' incurred by and local., :authoFim br. statutory public undertaking
in the:perfo0~ce,.in relationto~any..of~.its.~dusW mthtes- or induslrial am,
of 'any,' .Gf:,@ii ,stat?~tov f~ncti~ns 'of.'such-, authority- or undertaking; including
e-diw" incuirad in " the aquid tion of land. - , ,
(3) The Corporation shU have authoritJ to advance loam, with or withoat
dty or interest, to its employess.
THE bRISSA t NDUSTRI AL INFRASTRUCTURE DEVELUPMENT
,, ?
. , ,. -.'CORPORATION ACT, I980 ; , , , i -'
., .
[Qrisbs Act '1 of 19811
a :,,
(Sees. 26-29)
Budget ad 26. (:) The Corporatjon shall, by. such datc in each ycar as may be prwcrib~d,
prome prepare aud ,submit:, to the State Government for ..approval an . annual banciai m'mk si;lrrmcni. and r he progtamo!c of wpfk Tor 1 hi succeeding finanoi: I year.
(2) The annual financial sti!ement shall show the ntimaredreceipls and expen&-
turr during the succeeding financial year in buch form and detailed as may be pres- . ,.
cribed: . .
. ,
(3) The Corporation shall be competent to make variations in thc programme
of wcrk in the course of thc year protpided iba t all such variations and reappropria'tions
put OE the sanctioned, budget are broqght to the ,notice of the State Government
!?Y a supplementary financial , statement.' , .,
($1 A copy each of, t11~ ennyal fioanckl staremcni and the programme . of work
and the supslementary financial satement, if any, shall be placed before the State
~aghlahlre as soon as may be akcr their receipt by the State Govcrnment,
A~uots 27. (1) The Corporation shall maintain books of accounts and other books in
and relation to its business and transanctions in such form, and in such manner, as may
be prescribed.
(2) The account5 of the Carpoiation shall be audited by an Auditor appointed
by the State Government. [ * * * * * 1
(3) As soon as the accounts of the Corporation are auditcd, the Corporation
shall send a copy thereof together with the copy of the report of the Auditor therebh
to the State Government.
(4 The State Government shall cause -the accounts of the Co~poration together
with the audit report thereon fomarded to it under sub-5ection (3) to be hid
annually before the State Legislature.
Concuront 28. (I) Notwithstanding zhything contained in the last preceding section, the and spedal State Government may, by order, direct that there shall be concurrent audit by
adi Of such person as it thinks fil of the accounts of the Corporadon relatins to any accounts. particuIar lmnsadion or class or series OF transactions or to a pafijalar pe r
(2) When an order is made under suhection (1), the Corporation shall present
or cause to be presented for audit such accounts and shall furnish to the person
appointed under sub-section (I), such information as the said person may require
lbr the puwse of audit.
APPLICABTLITY OF CERTAIN LAWS
Applicarion 29, (1) 7Ie State Government may, by notification, provide that from such date a9
of is stated therein the Orissa Public Premises (Eviction of Unauthorised Occupa- Public Pre miss vb pants) Act, 1972, shall, subject to the provisions of sub-section (21, apply to the
~on) &, premises, belonging to, vc~tiog in, or lored by the Corporation.
1972, lo COP
poration (2) On- .a 'notification being issued under sub-section (I), the aforesaid Act OrIssa Acl
premises and the rul~ hde thereunder sbaU appiy ta premises of the Cclrporation with 70f 1-
the following modifications, namely:- ,
(a) the State Government shall appqint an officer of the Corporation
who . is holding .or has. held office whether under he Government or
the Corporation, which in the opinion of the Stale Government is iot lower
in .rank than tbat of a. Deputy Collector . or an Assistant Engineer.
'
to be the Estate O6cer for the:. purpose+ '-of the , afored Act and onr
or hore officers may, be , app'oinled as :'Estate Omcers for different areas
or for tho same areas;
'
, , , . . 1. Omitted by the O~SR. Act' 4 of 1995 -3. 2 ,
[Orissa' Act 1 'or. 198 I]
' (b)-)-~nrenct to 'public premircs3'-in that ~$a~dthqrc~ulcr~~~dl-b~decmsd
, ,
, , to. be reference, to predi+es of the Codorations and taTcrences to "the
State Govcrment" in sections 6, 12 and 15 thereof, shall be deemed
. to be references to the C~rpora~ioii.
Non-appli-
ability of -30.- (1) 'The Orissa House Rent Corkto1 Act, 1967 shall not apply-
e- MP. (a) to any premises belonging to or vesting in the Corporation undcr or for
Lbe purposes of this AcC . . .)
,'- . . ...
. (b) 2; against the. Corporati& to cloy tenancies or 11kc reIatjonship'.creat~datd
by the Corporation in respect of any prcmiscs; but ,shalI apply to any
premises let to thc Corioration. ...
-. .- (2) The provisions of the Orissa Town PIaming and ~mprbvement ,~ru& Act, '- ,.:.-, . - !
. I..
1956 shaU not apply to the prerriiscs belongink td- or vested ih the Corpofatibn ,. *. - '. * " -
or to any industrial estate for a period of ten years frp the, date of cmjmknccment ~~~1$~
, . ...
.of this Act. . . . ,. . .. . ,
(3) The Shte , Government ' may, '.by noti6catiq11, ' exempt any suil1' premises or '
' - ..
-, -, m .
,estate as aforesaid from any of the provisions of the Onssa. Municipal Act, 1950 0-- A*- !
for such Rriod, not exceeding ten ye~, as may be speciqed in thc notification. .I lPK). . -
CHAPTER VL
. ACQUISITION AND DISPOSAL OF LAND . .
, . ...
, .
Acquieitioa J~.(I) whenever any land is rcqu~rcd by iho Corporation for any purpose in
of bnd. furtherance of thk objects. of this Act, but: thc Corporation , is unabIe lo acquire
it by agreement, the. State Government may, upon an application of the-Corporatioh
that behalf, order proceedings to bc taktn. under the land Acquisition Act, 1 of 1894.
1894 for aquiring the same on behalf of thc Corpomtion as if such lands werc
needed for a pubIic purpose within : the meaning' of that Act.
(2) The amount of compensation awarded ad' a11 otlier cbafges incurred i,
fhe acquisilion of any sueh land shall 61: forthwith paid by . the .Corporation and
thereupon, the Iand shall vest in the Corpo~ation.
Wer of . , 32. (I) For the iurtherancc 'of the objects df this Act, tllc ~tato.~overnmen~
Governmeat lands to ---may, upon suci , , conditions as ,mqr bc agrcd upon behveen the Government and
corporation. the Corporation, pIaco at the disposal of thc Corporation any land vested inthe
Sbte Government. , . ,.
(2) After any such land had bccn developed by or under the &trol ad
supervision of the Corporation it shall be dealt ~vilh by thc Corporation in accordan@
with thc regulations madc undcr this Act and thc dii~tions given by the S~atc . . Government in that, behalf. '.
Dlspodof 33. (I) Subjcct Lo any directions given by the Statc Governmenr the corporatioh
ptpi&:!:na may disposc . of:-
(a) any Iand acquircd by thc Statc Govcrnment and trinsferrcd to it, without
, ,undertaking or carrying out any de~eloprnentthere~u; or
i
- (b) any such ,. land al'ter un~ertaking or carrying out such , devklopment is
it thinks 61, ' . .
'c such pe&on in suc11 harmer and subject to such iennn and ' mnditioas, as 4
com'ders expedient for securing the purposcs of this Act.
(2) Tha poweis of, the Corporation with rcspe'ct to the disposkl hf land.un&r , ,
mb-sectioa- (1) shall be bo exercihed, as to, sccurc, so Iar as practicable, tha+_,
(a) whepc ' the ~oiporation prb'poses ,to aspose of by.sale any sueh hn#
which is surpllls tn its rcquiremept, thecorporation 'shall offer'the Iadd
., i~ tlie3sst instance .., to . .) , the persons from -1vhom'it was a,qcqdred,, if they
! .: I.:
,. . .. . - . dwird to pkqhhie ~t, subject 10 ,such rcqairemqti as 'to. its developmeqt
-. ,. .,. Gd!:-uso as.thtbe Cop,amtion,may ihink'fit mhpsk;,.. , : -.. .
, ,r- . , , . ,,... ,. . , . . * , . . ... .. .-., .,.. I... * 0. :, --,I-:! -4: :,!.a:. :,:j ,j! -,>:; .:: :, 7,f!i . ,:-, .-
Th6 ORhA INDUS'CRIfiL INFRASTRUCTURE DBVELQPMHNT
CORPORATION ALT; 1981
[Orissa Act 1 of 19811
(b) parsons who are raiding or carrying on busmess or other activitieson
. ' . . any -so& land shall, - if they desire to obtain accommodation on Iand
belonging to tho Cr;rporation and are willing to comply with any ieauirements or the Corporation as to its developmtnt and use have
an opportunity to obtain there on accommodation suitable to their
reasonable requiremenu on ;erms settled with due. regard to the price
at which any such land has been acquired from tbem.
. .
(3) ~ofhing in this Act shill be construed as inabliog Lhc ~oiprarioio
dispose of land by way of gifr, but subject as aforesaid, reference in this Act, to
the dispoq~l of ,land, shall be construed as reference to the disposaI thereof in any
jmanner' whethb %y way OF sale, mortgage, exchange or lease or by the creation,
of any easement, right or privilege or othemise.
AqubItion - 34.-(1) Witha.view toascertaining whether any plot allotted in anindustrial
. of unutilircd area .developed by the Corporation has been utilised for industrial purposes or not,
nuplurlaod the Board shall carry out sk-monthly, riview as'. to how much nnutilisd +reaVof
sw' each plot is capable of subdivision and whether the unutilised area an beutilided
alIogrne~t b for any other purpose under this Act after subdivision, end shalllissue_nctice to
other the plot holders in ' the . industrial: am calling upon- them to epish to it ,relevant ' :d~uiam hformauon in , tho prescribed form and when so called upon each plot holders shag
. be bound to furnish true and correct information required within one month from
the datc of receipt of such notice by him.
(2) For the purpose of enabling the Board to deterinine -whether there is any
unutilised portion of any plot in the industrial area and whether such portion is
apablei of subdivision so as to make it usefuI for any other purpose under this
Act after subdivision, it shall be Iawfull for any officer of the Corporation; +tfier
generally or specially authorised by the - Board- in this behalf,, and for his-se~vanm
and worhsn at all resonable hour*
(i) to enter upon and survey the plot;
, (ii) to set out the boundaries of the utilised portion of the plots; and
(iii) to do all otller acts necessary .for the purposes aforesaid.
(3) If the Board is satisfied ihat any plot hode~ has notutilised the maximum
ark of his plot suitable for, construction or buidings Tor a period of there lyqs
or more from the date on which possession of the plot was delivered to him by
the Boiird and- the utilised portion, is wpabIe of subdivision so as to make ~t usefhl,
far any other purpose under this Act, the Board may, not withstanding anything
antained in any contracl or in any law Tor the time being in force, issue to the
plot. .holder -and all o thcr persons interested in the plot notice to show cause why
such unutilised . portion should not be acquired for the purpose of being utilised
for any other purpose under this Act. The Board shall also cause public notice
to be given in the manner laid down in section 46. .
(4) When - any such notice is issued, the Board shall give a rksonablc ..
opportunity of being heard LO the plot holder and other persons interested in Ihe
glot and it . shall be open to the plot holder or any other person interested in Ihe
plot, to appear and object to such resumption on theiground thal the unutilised
portion is required by the plot holder himself for the purpose,of immediate expansion
of his own industry and that he has already taken effdve steps for, utilising such
portion. . .. . .
(S),If-afrer giving a reasonable opporlunit y of berig h&d, rhe Board' is' satisfied
-1Iiat-iihe holder of t-h~ plot has failed to. ulilis~: .or is.noI likely . tb utilisd . tbe_uiiutiIised
,portioi~ for 'ndustrial purposes within a reasonable . . eriod, and such unutilised
-poition en be used for any other purpose ~.qder this lct,-:the Board mayinotwith-
,standiiig anything bn~ined in any cont~act or In any law. for thetim~ being in force,
'for,the.,puiposi 6f enabling the. Corporation to properly dischaigk its functions or
; Bfi~moti'ng-iipid growh and,dkvelo+ment or industries under this Act,pn; such unutilised
prtion, resume the'unutilised portion of'the land by' 'giviig a riotice to the holder
THtl OR~SSA. IRDUWF~I~L INFRA,STR~;~UR~ ~~Vk~bp&&r
'. ' ' ' CORPOR~TION ACT, 1980
[Orissa Act 1 of 19811
bf fhe#lot. OD and fraii the dare of iuch irbti* fhi .&lit&sed &hibii .bf lapd
spcci6ed in the - no tide , shall vest absofutdy: in the' - Corpaiktion, free from &
~cncumbrsnces.
. .
(6) Where any land is vested in the Corporaion -under the lust preceding sub-
s&tiobi the Board my, by noti& in writing, ode iny pmon fihu 'may ba in
possession of the land to surrender of deliver possession thereof to the Board or
any ~rson duly authorised by it in this hhalf within thlfly ' &ys of the ;', ,' , ,, :',
ja~ice,of the ~o~IE.' . , (-,
.'I
(7) If any person rebnes or faibto Amply with an order aa& udder lfle faat
pwng sub-section, the Board way take posession of the Land, and rnd'for the
the pmpose w such force as lnay be nec&ary. '
(8) Wherc any Id is resumed by tk Board undqr this *ion the Corporalion
shall ,py &i such rksui~~fiirh an not cxcieding,the proportionate amount
or.prbmiu,m paid tiy the plot holder or his pr+.eassorin-t@le claiming under the
Corpoetiqn ,ia respect Qf the land so .resum@,,withintemt thereon at six psr &nt
per; am' - poitt the date of paybeat of the premium, and where the he:h a
ieiital 1e&e tEe amount to be awded shll not excg~d &a haunt aual to thrk
times the net average yearly proportionate rent payable by the pIot holder to the
Corpotitiqn in fesp&t of the, laha sd res'umtd.
SUPPLEMENTARY AND MISCEL~NE~Z~S ' P~OV~SIONS
power of tb~ 35. (1): Tf the Forpomian, hftet holdiug a local, enq&ii, or ujiou reiott' ' froh
arporation any of its oacers or other information in its poss&Bdn, ib satisfied that -the owner of
Cam Of any laftd in an jndatrid area am failed to provicle any amenity ik ielhijon to the, land certain
ddaults by which in the op~nion of thc Corporht~on ought to be provided or to carry out any devclop
~wm of ment 0f.h land tor which prmission has been obtaioed under this Act, the Catpara- - , , ,
'
hat tion may serve upon the owner a nolice requiring'hiiii to1 pto%d&. the axhe* or . carj , , ,
ustnal out tbe develop~eut wbhln a reasonable time tb- be spkifitd,in.the noti&; ax=. ,. '
(2) IF any such amemy is not prriad. ol: any su&. deidopmebe is noi cstned
.out wit hln, the time- specified LO the noticc; the Coipokr;ion ' may itselt provide the
4menility or carry out the develoyment or have it provided or carded out thloUgh such
agency as it deems fit:
. Pravided that, before takiag any aktion under this mb:sectiori, the Corporadoh sW
aord reasonable oppqrhrnity to the owner 6f rhe land ro show cause as to why @ch
actrofi should not be kken..
(3 AU, expenses i~curra by the Go'rpok tion or the aghcy employed by it in pro-
vidmg the ammi& or mrying. out the devaopment togethe? with interest, af SUCH' dte
&.the Siate- Government yay-byiy.order, fix , from th'edate which a d4d fo'f ttii'ex;
pens= ,is made until piymmt shslI be rhve-ble by tEe Corpbratton 'frok the, owner. ,
. .
Order of 36; (I) Where th@ e*tion of my budding in an industrial estate ur hdustrial area has
I demolition .beeni commenced or is being arried on, or has,been complete&.or ally .existing bliilding is -
0 f k[ld~f4 altered, in contravention of the terms on which such bnl1ding.o~ the hd on, whiall:it
stands is held or granted under this Act, any officer of the Corporation cmpowerta bp-it
in this behalf may, in addition to any prosecution that Gay ,be instituted under this Act.
inake b dider &&- tfiit iu'ch: ekdtih ihd bq&ijjblishtdd by &6 awe? , mereof
ulitfiih,sdch. &+ibd!no'kexcedidg-Wo 'fiont& as hy tie s@iW iil ihe'oae?; ad dn
the failure of the owner to comply with ,the order, the oBcer.may himself a~e.tne~erea
tion- to be d'emoliskkd : and expenits of SIX& d' holitiuii shall $5 $eco~er~'b:~t by the
Gorporphh: fmrn%e owner: -
. , . .
, -
, .
: . . .... ;, - , , I. - .
I.
-;.: -,pibVu& &t db-subh:oakr &l~ib y&&. unfe$$tfie&nFrw hd-giv&i& ieB\j& . ,
ruble opportunity to show -use why the order shour6'1iot 6d d6i .
, (2) Any. ,person,, ~ggrieya by as ,order made under suF-section (I) may prorer an
: appeal &&st' that bider. widin, th~m: days 1 om the " date thereor LO -the Executive
' Codamittee 'of the Corpodtiou. .' Such Committee' hay after h'earing -the parties to the
appeaI eithcr allow or dismiss the a-l or reverse vary any part or the order.
- . (3)-The decision' .of the Coimittek on the appeal and subject onlj tb such decis~on
. the. -order,- made by,the -.officer undet sub-section (1) shall be find. .
, ,
- ' 37. (1) Whe~ the erenion of &y building in an ind"rtria1 estate or indusvial a&
Wp bdd- has been cummend, or is being cahied on or any existing building is altered, in bn- Om- trayention 01 the tenus on which such building qr,thc land on which it srands is hdd dam. :or! grantd under this Act any officer 'uI,~ he - Coipor-uon empowered in this bahalf may,
.in, addition to any prosecution that may be inktitukd under in this Ad make an order
requinog the building operations in relation to such erection' to be discontinued on
and frarn the date or the servrce of the order.
.,{ . .Q Wherr, such building operatiins rfe nol dis&n~u@ pupuance of thl yuisi-
-don under sub-section (IT, the Corgoration 'or $6 officer empowered as aioremd may
rqU& any poli&- officer'to remove the penon by '?horn the eredon of the budding h?
been mqenced. and all,his assistants and workmen from the Glace of the buiIding wdun
dlch time as may, be speci6e.d in, the requisiticn and such. ' policc ;ofi~r shall-qrnply with :the, req~isi~ion~.:a~~ingly,. . , *
, -.- . I.
: (3) Ahr er~ uisi~ion under sub-section (2) has been complied with, ihc
7 poration or the o cer smpowered as aforesaid Tiiay d@ute by a writ~en order a *lice
officer or an offier or emgloyee o! the Corporation to watch the placc in order ro ensure
that the erection of the building is not i con~isued.
(41 Any peeon failing to comply wjth an ,order made under suksection (I) shall
on convictiori, be'punishablc with fin'e'which may extend to two hundiesmpees Fol every
.day during,which such pon-ccrmpliancc continues $er the service of the order. : .. . .. . .. . .
' , . (5) NS kmpenstibn .shnl l'bc &able ta any person for my damage ar lass which . '. . - '- - >.
:he may sustain in wnsequcnce of4 any. order made; ,under this section: '
-,
, -. . . ?.
_- . .. .
P&@ for . ' 38. (1) Any person whp, whether at his own iosbnca or at thc instance of any other .. ..
won .pergon;undert+es or carries out .gnstruction of or alterations to any building in an indu- . 7 .. .-
grzi atrial es@& or industrial area contrary to theExcerpt shown. Open the full act in Lexace.