The West Bengal Industrial Infra-structure Development Corporation Act, 1974

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXV of 1974 
THE WEST BENGAL INDUSTRIAL INFRA-STRUCTURE 
DEVELOPMENT CORPORATION ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 4th April, 1974.] 
[4th April, 1974.] 
An Act to make special provision for securing development of 
trade, commerce and industries on well-planned basis in the State of 
West Bengal, and for that purpose to establish an Industrial Infra-
structure Development Corporation, and for matters connected 
therewith or incidental thereto. 
WHEREAS it is expedient to make special provision for securing 
development of trade, commerce and industries on well-planned basis 
in the State of West Bengal, and for that purpose to establish an 
Industrial Infra-structure Development Corporation, and for matters 
connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Industrial Infra-
structure Development Corporation Act, 1974, 
(2) It extends to the whole of West Bengal. 
(3) This Act except the provisions of Chapter V shall come into 
force at once. The provisions of Chapter V shall come into force on 
such date as the State Government may, by notification, appoint and 
for this purpose different dates may be appointed for different areas to 
be specified in the notification. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(I) "amenity" includes road, supply of water or electricity, 
street lighting, drainage, sewerage, conservancy and such 
other convenience as the State Government may, by 
notification, specify to be an amenity for the purposes of 
this Act; 
Short title, 
extent and 
commence-
ment. 
107 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West. Ben. Act 
(Chapter 1.—Preliminary.—Section 2.) 
(2) "building" means any structure or erection, or part of 
a structure or erection, which is intended to be used for 
residential, industrial, commercial or other purposes, 
whether in actual use or not; 
(3) "Collector" means the Collector of a district, and includes 
any officer specially appointed by the State Government 
to perform the functions of a Collector under this Act; 
(4) "Corporation" means the West Bengal Industrial Infra-
structure Development Corporation established under 
sub-section (1) of section 3 of this Act; 
(5) "court" means a principal civil court of original juris-
diction, and includes the court of any Additional District 
Judge or Subordinate Judge whom the State Govern-
ment may appoint, by name or by virtue of his office, to 
perform, concurrently with any such principal civil 
court, all or any of the functions of the court under this 
Act within any specified local limits; 
(6) "development", with its grammatical variations, means 
the carrying out of building, engineering, quarrying or other 
operations in, on, over or under land, or the making of any 
material change in any building or land, and includes 
reclamation and re-devolopment, but does not include 
mining operation; and "to develop" shall be construed 
accordingly; 
(7) "engineering operations" include the formation or laying 
out of means of access to a road or the laying out of means 
of water supply; 
(8) "industrial area" means any area declared to be such by the 
State Government by notification: 
Provided that before declaring any area, falling wholly or partly 
within the jurisdiction of a Municipal Corporation, Municipality, 
Gram Panchayat, Notified Area Authority or Development Authority 
(constituted under any law for the time being in force including the 
Durgapur Development Authority), as industrial area, the State 
Government shall consult the concerned Municipal Corpora-
tion, Municipality, Gram Panchayat, Notified Area Authority or 
Development Authority, as the case may be; 
(9) "Industry" means any business, trade, undertaking, 
manufacture or calling of employers and includes any 
calling, service, employment, handicraft or industrial 
occupation or avocation of workmen, and the word 
"industrial" shall be construed accordingly; 
108 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter IL—Establishment and Constitution of 
the Corporation.—Section 3.) 
(10) "industrial estate" means any site declared by the State 
Government by notification as such, which the Corporation 
develops, constructing roads, factory sheds and other 
buildings and providing amenities therein, to make the 
estate suitable for establishment and growth of industries: 
Provided that before declaring any site, falling wholly or partly 
within the jurisdiction of a Municipal Corporation, Municipality, 
Gram Panchayat, Notified Area Authority or Development Authority 
(constituted under any law for the time being in force including the 
Durgapur Development Authority), as industrial estate, the State 
Government shall consult the concerned Municipal Corporation, 
Municipality, Gram Panchayat, Notified Area Authority or 
Development Authority, as the case may be; 
(11) the expression "land" and the expression "person 
interested" shall have the meanings respectively assigned to 
I of 1894. 	 them in section 3 of the Land Acquisition Act, 1894; 
(12) "means of access" includes any road or other means of 
access, whether private or public, for vehicles or for 
pedestrians; 
(13) "notification" means a notification published in the 
Official Gazette; 
(14) "premises" means any land or building or part of a building 
and includes— 
(i) the garden, grounds and out-houses, if any, 
appertaining to such building or part, and 
(a) any fittings affixed to such building or part of a 
building for the more benificial enjoyment thereof; 
(15) "prescribed" means prescribed by rules made under this 
Act. 
CHAPTER II 
Establishment and Constitution of the Corporation 
3. (I) With effect from such date as the State Government may, 
by notification, appoint, there shall be established for the purposes 
of this Act a Corporation under the name of the West Bengal 
Industrial Infra-structure Develpoment Corporation (hereinafter 
referred to as the Corporation). 
Establishment 
and 
incorporation. 
109 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter 1L—Establishment and Constitution of 
the Corporation.—Sections 4-7.) 
Composition 
of the 
Corporation. 
Disqualifications 
for 
membership. 
Term of office 
of members, 
their salaries, 
fees and 
allowances. 
Head office 
and other 
offices, 
transaction of 
the business of 
the 
Corporation. 
(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 Act. 
4. CO The Corporation shall consist of thirteen members (including 
ex-officio member) of whom not more than five shall be non-officials. 
(2) The Chief Executive Officer of the Corporation shall be its 
ex-officio member. 
(3) All the members of the Corporation shall be nominated by 
the State Government. 
(4) The State Government shall appoint one of the members of 
the Corporation to be its Chairman. The State Government may, if it 
thinks fit, appoint one of the other members as Vice-Chairman. 
5. A person shall be disqualified for being nominated as a member 
of the Corporation, if he— 
(a) is an employee of the Corporation not being the Chief 
Executive Officer, or 
(b) is of unsound mind, and stands so declared by a competent 
court, or 
(c) is an undischarged insolvent, or 
(d) has been convicted by a court on a charge of crime 
involving moral turpitude. 
6. (1) The Chairman, Vice-Chairman, if any and the members of 
the Corporation excepting the Chief Executive Officer shall hold 
office for such period as may be prescribed. 
(2) The non-official members of the Corporation shall draw 
such fees and allowances, as the State Government may prescribe, for 
attending the meetings of the Corporation or of any committee 
thereunder or for attending the work of the Corporation. 
(3) Any person nominated as a member of the Corporation 
shall, unless disqualified, be eligible for re-nomination, on the 
expiry of his term of office. 
7. (1) The Corporation shall establish its head office at such 
place in the State as the State Government may specify and may, 
with the previous sanction of the State Government, establish 
offices or agencies in any other place in the State. 
110 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter IL—Establishment and Constitution of 
the Corporation.—Section 8.) 
(2) The Corporation shall meet at such times and places, and 
shall, subject to the provisions of sub-section (3), observe such rules of 
procedure in regard to the transaction of its business as may be 
provided by regulations made under this Act. 
(3) When any contract or loan is proposed to be entered into or 
taken by or on behalf of the Corporation, such proposal shall be 
circulated amongst the members of the Corporation, and any member 
who is directly or indirectly concerned or interested in any such 
contract or loan shall, within a week from the date of such 
communication, disclose in writing to the Corporation the nature, kind 
and extent of his aforesaid interest in such contract or loan, and such 
member shall not be present at the meeting or meetings of the 
Corporation in which any such proposal is discussed, unless his 
presence is required by the other members for the purpose of eliciting 
information in connection therewith, but no member so required to be 
present shall vote on any such contract or loan : 
Provided that a member shall not be deemed to be concerned or 
interested as aforesaid by reason only of his being a shareholder of a 
company concerned or interested in any such contract or loan. 
S. (1) If a member— 
(a) becomes subject to any of the disqualifications mentioned 
in section 5, or 
(b) is absent, without the Corporation's permission, from 
three consecutive meetings of the Corporation, or from 
all meetings of the Corporation during any three 
consecutive months, 
he shall, with immediate effect, cease to be a member of the 
Corporation, and shall be deemed to have vacated his office from the date of such cessation. 
(2) The Chairman, or the Vice-Chairman, if any, or any other 
member of the Corporation may resign his office by giving notice in 
writing to the State Government and on such resignation being 
accepted, shall be deemed to have vacated his office. 
(3) The State Government may, by order, remove from office, 
any member of the Corporation, who, in its opinion,— 
(a) has refused to act, or 
(b) has become incapable of acting, or 
(c) has so abused his position as member as to render his 
continuance on the Corporation detrimental to the interest 
thereof or of the general public, or 
Cessation of 
membership 
and removal 
from office of 
members. 
111 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter IL—Establishment and Constitution of the Corporation. — 
Sections 9-12.) 
(d) is otherwise unfit to continue as a member: 
Provided that a member shall not be removed from office unless he 
has been given reasonable opportunity to show cause against the 
proposed removal. 
9. If a casual vacancy occurs in the membership of the Corporation 
due to cessation of office, resignation or otherwise, such vacancy 
shall be filled up by fresh nomination under section 4, and the member 
so nominated shall hold office for the unexpired period of the term of 
office of the member whose place he fills. 
The Chairman 	 10. (1) If the Chairman or any other member of the Corporation is 
or the person appointed to 	
by infirmity or otherwise render temporarily incapable of carrying out 
act as 	 his duties, or is granted leave of absence by the State Government, or 
Chairman 	 is otherwise unable to attend to his duties in circumstances not 
his absenc 
 in 
involving the cessation of his membership, the State Governmentmay, 
after consultation with the Corporation, appoint another person to act 
for him during his absence. 
(2) The Vice-Chairman, if any, shall, in the absence of the 
Chairman, exercise the powers and perform the functions of the 
Chairman. 
11. No disqualification of, or defect in the appointment of, any 
person acting as the Chairman or Vice-Chairman or a member of the 
Corporation, shall vitiate any act or proceeding of the Corporation, if 
such act or proceeding is otherwise in accordance with the provisions 
of this Act. 
Officers and 	 12. (1) The State Government shall appoint a Chief Executive 
employees of 	 Officer and a Chief Accounts Officer of the Corporation. 
the Corporation. (2) The Corporation may appoint advisers, and such other 
officers and employees subordinate to the Chief Executive Officer, as 
it considers necessary for the efficient performance of its duties and 
functions. 
(3) The conditions of appointment and service of the officers 
and employees and their scales of pay shall,— 
(a) as regards the Chief Executive Officer and the Chief 
Accounts Officer, be such as may be prescribed, and 
(b) as regards the other officers and employees, be such as 
may be determined by regulations made under this Act. 
(4) The Chief Executive Officer shall be the executive head of 
the Corporation and all other officers and employees of the Corporation 
shall be subordinate to him. 
Filling up of 
casual vacancies. 
Proceeding 
presumed to 
be good and 
valid. 
112 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter III—Functions and Powers of 
the Corporatton.—Section 13.) 
(5) The Corporation may authorise the Chief Executive 
Officer, subject to such conditions and limitations as it may specify, 
to exercise such powers and perform such duties as it may deem 
necessary for the efficient administration of its business. 
(6) The Chief Accounts Officer shall have the right to record 
his views on every proposal involving expenditure from the funds of 
the Corporation, prior to the consideration of such proposal by 
the Corporation. 
CHAPTER III 
Functions and powers of the Corporation 
13. The functions of the Corporation shall be— 
(I) generally to develop industrial infra-structure for 
expeditious and orderly establishment, growth and development of 
industries, trade and commerce on well-planned basis in the State; and 
(2) in particular, and without prejudice to the generality of the 
provisions of clause (1),— 
(a) to develop industrial areas or part thereof, for the purposes 
of new growth centres and make the same available for 
industrial and commercial undertakings and trading 
concerns to enable them to establish industries and to 
carry on trade and commerce therein, 
(b) to frame any scheme to develop any industrial area and 
undertake any development work in respect thereof, 
particularly in relation to— 
(i) reclamation and improvement of land, 
(ii) water supply, 
(iii) drainage, 
(iv) captive power generation and supply, 
(v) roads, 
(vi) transport and communication, and 
(vii) housing accommodation; 
(c) to develop any area comprised in any industrial estate or 
development scheme in all or any of the following manners, 
namely:— 
(i) by acquisition of land or other immovable property 
within the said area by purchase, lease or otherwise, 
Functions of 
the Corpora-
tion. 
113 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter Ill.—Functions and Powers of 
the Corporation—Section 13.) 
(ii) by laying out or relaying out of the land in the said 
area, 
(iii) by raising, lowering or levelling of land in the said 
area, 
(iv) by laying out and constructing (including levelling, 
paving, metalling, flagging and channelling) roads 
in the said area (including bridges, cause-ways and 
culverts) and planting flower bushes or trees on both 
sides of such roads, 
(v) by sewering and draining of such roads, and making 
provisions, by the side of such roads, for water, 
lighting and other sanitary conveniences as are 
ordinarily provided within the Municipal areas, 
(vi) by providing supply of power to such area through 
installation of captive generating plants, 
(vii) by making provisions for housing facilities and good 
communications therein, 
(viii) by making provisions for gardens, parks, 
playgrounds, lakes, atheletic tracks, recreation 
buildings and other necessary aids to field or aquatic 
sports in such area and by taking special steps 
towards making such area attractive and beautiful, 
(ix) by making specific arrangements therein for 
entertainment of the public, 
(x) by controlling the use of land within such area, 
dividing the same into different zones, and reserving 
each of them exclusively for a specific purpose, 
(xi) by taking other suitable steps and making other 
provisions for purposes consistent with the objects 
of the Corporation; 
(d) to undertake execution of development schemes or works 
either jointly with persons, firms, companies, associa-
tions, Government or local Authorities, or as agents for 
furtherance of the objects of the Corporation; 
(e) to organise industrial areas or industrial estates by acquir-
ing suitable sites and providing them with roads, water 
supply, electricity and other amenities, to lease out plots 
thereof for industrial purposes and to control and manage 
the affairs of administrations of such areas or estates; 
114 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter 111—Functions and Powers of 
the Corporation.—Section 14.) 
(I) to advance loans to industries to enable them to shift their 
factories into aforesaid areas and estates. 
14. Subject to the other provisions of this Act, 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 and to erect thereon such buildings 
and to execute such other works as may be necessary for 
the purpose of exercising its powers and performing 
its functions; 
(c) to provide or cause to be provided amenities and common 
facilities in industrial estates and industrial areas, and 
construct and maintain or cause to be maintained works and 
buildings therefor; 
(d) to develop or cause to be developed land in industrial estates 
and industrial areas; 
(e) to make available buildings on hire or for sale to 
industrialists or persons intending to start industrial 
undertakings, trading units and commercial undertakings; 
W to construct buildings for the housing of the employees of 
such industrial, trading and commercial concerns; 
(g) (i) to construct factory sheds or buildings, including 
residential tenements, and allot such sheds or buildings 
to suitable persons in the industrial estates and the 
industrial areas established or developed by the 
Corporation; 
(ii) 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 such 
allotment; 
(h) to constitute one or more advisory committee or committees 
to advise the Corporation for the efficient discharge of its 
functions; 
(i) to engage suitable consultants or persons having special 
knowledge or skill to assist the Corporation in the 
performance of its functions; 
General powers to the Corporation. 
115 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter 111.—Functions and Powers of the Corporation.—
Sections 15, 16.—Chapter 1V.—Finance, Accounts and Audit.—
Sections 17, 18.) 
(j) subject to the previous permission of the State Government, 
to delegate any of its powers generally or specially to any of 
its committees or officers ; 
(k) to enter into and perform all such contracts as it may think 
necessary or expedient for performing any of its functions; 
and 
(I) to do such other things and perform such other acts as it may 
think necessary or expedient for the proper conduct of its 
functions, and for carrying into effect the purposes of this 
Act. 
15. All permissions, orders, decisions, notices and other documents 
of the Corporation shall be authenticated by the signature of the Chief 
Executive Officer of the Corporation or any other officer authorised 
by the Corporation in this behalf. 
16. (1) The Corporation, in discharging its functions, shall act on 
business principles, regard being had to the interest of industry, trade, 
commerce and the general public. 
(2) The State Government may, from time to time, issue, in 
writting, to the Corporation such general or special directions in 
matters of policy as it may think necessary or expedient for the purpose 
of carrying out the purposes of this Act, and the Corporation shall be 
bound to follow and act upon such directions. 
Authentication 
of orders and 
documents of 
Corporation. 
Directions by 
the State 
Government. 
CHAPTER IV 
Finance, Accounts and Audit 
17. All property, fund and other assets vesting in the Corporation 
shall be held and applied by it, subject to the provisions, and for the 
purposes, of this Act. 
18. (1) The Corporation shall have and maintain its own fund, to be 
called ; the West Bengal Industrial Infra-structure Development 
Corporation Fund, to which shall be credited— 
(a) all moneys received by the Corporation from the State 
Government by way of grants, subventions, loans, advances 
or otherwise; 
(b) all moneys received by the Corporation from borrowings 
in the open market or from banks and other financial 
institutions; 
(c) all fees, costs and charges received by the Corporation 
under this Act; 
Application of 
Corporation's 
assets. 
Corporation's 
fund. 
116 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter 1V.—Finance, Accounts and Audit.—Sections 19-22.) 
(d) all moneys received by the Corporation from the disposal 
of lands, buildings and other properties, movable and 
immovable and other transactions; 
(e) all moneys received by the Corporation by way of rents 
and profits or in any other manner or from any other source. 
(2) The Corporation may keep in current and deposit account 
with the State Bank of India, or any other bank approved by the State 
Government in this behalf, such sums of money out of its fund as 
may be prescribed, and any money in excess of the said sum 
shall be invested in such manner as may be approved by the State 
Government. 
(3) Such accounts shall be operated upon by such officers 
of the Corporation as may be authorised by it by regulations 
made in this behalf. 
19. The State Government may, after due appropriation made by 
the Legislative Assembly by law in this behalf, make such 
grants, subventions, loans and advances to the Corporation as it 
may deem necessary for the purposes of the functions of the 
Corporation under this Act, and all grants, subventions, loans and 
advances made shall be, on such terms and conditions, as the 
State Government may, after consulting the Corporation, determine. 
20. (1) The Corporation may, subject to such conditions as may be 
prescribed in this behalf, borrow money in the open market or from 
banks and financial institutions or otherwise with a view to providing 
itself with adequate resources. 
(2) All moneys borrowed under sub-section ( I ) may 
be guaranteed by the State Government as to the repayment of 
principal and the payment of interest at such rates and on such 
conditions as the State Government may determine at the time 
the moneys are borrowed. 
21. The Corporation may accept depostits, on such conditions as it 
deems fit, from persons, authorities or institutions, to whom allotment 
or sale of land, buildings or sheds is made or is likely to be made in 
furtherance of the objects of this Act. 
22. (1) The Corporation shall make provision for such reserve and 
other specially denominated funds, as the State Govemment may, from 
time to time, direct. 
(2) The management of the funds referred to in sub-section (1), 
the sums to be transferred from time to time to the credit thereof and 
the application of money comprised therein shall be determined by the 
Corporation. 
(3) None of the funds referred to in sub-section (1) shall, 
without the previous approval of the State Government, be utilised for 
any purpose other than that for which it was constituted. 
Grants, 
subventions, 
loans and 
advances to 
the Corpora-
tion. 
Power of the 
Corporation to 
borrow. 
Deposits. 
Reserve and 
other funds. 
117 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter 1V.—Finance, Accounts and Audit—Sections 23, 24.) 
23. (1) The Corporation shall have the authority to spend such 
sums as it thinks fit for the purposes authorised under this Act from out 
of the fund of the Corporation referred to in section 18 or from the 
reserve and other funds referred to in section 22, as the case may be. 
(2) Without prejudice to the generality of the power conferred 
by sub-section (1), the Corporation may contribute such sums, as it 
thinks fit, towards expenditure incurred or to be incurred by any local 
authority or statutory public undertaking in the performance, in relation 
to any of its industrial estates or industrial areas, of any of the statutory 
functions of such authority or undertaking, including expenditure 
incurred in the acquisition of land. 
24. (1) The Corporation shall, by such date in each year as may be 
prescribed, prepare and submit to the State Government for approval 
an annual financial statement and programme of work for the 
succeeding financial year. 
(2) The annual financial statement shall show the estimated 
receipts and expenditure during the succeeding financial year in such 
form and detail as may be prescribed. 
(3) (a) The State Government shall, within one month of the 
receipt of the annual financial statement, either accord its approval to 
the same or return it to the Corporation with such comments and 
suggestions as it deems necessary. 
(b) If the financial statement is returned, the Corporation 
shall, within one month of receiving it from the State Government,— 
(i) revise the financial statement in the light of the 
comments and suggestions made by the State Govern-
ment and re-submit the same so revised to the State 
Government, or 
(ii) if it dose not think fit to revise the financial statement, 
re-submit it in its original form to the State Govern-
ment together with its replies on the comments and 
suggestions made by the State Government. 
(c) If the State Government does not approve of the financial 
statement as revised by the Corporation or if the financial statements 
is re-submitted by the Corporation without revision, the State 
Government may, within one month from the date of re-submission 
thereof, amend the financial statement as it considers fit and proper 
and forward the same so amended to the Corporation, and it shall 
be accepted by the Corporation. 
(4) The Corporation shall be competent to make variations in 
the programme of work in the course of the year, provided that all such 
variations and reappropriations out of the sanctioned budget are 
brought to the notice of the State Government by a supplementary 
financial statement. 
(5) A copy of each of the annual financial statements as made 
final under sub-section (3) and the programme of work and the 
supplementary financial statement, if any, shall be placed before the 
Legislative Assembly, as soon as may be, after their receipt by the 
State Government. 
Expenditure 
from funds. 
Budget and 
programme of 
work. 
118 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter IV.—Finance, Accounts and Audit—Sections 25, 26.) 
25. (I) The Corporation shall maintain books of accounts and other 
books in relation to its business and transactions, in such form and in 
such manner, as may be prescribed. 
(2) The Accounts of the Corporation shall be audited by an 
auditor duly qualified to act as an auditor under sub-section (1) of 
I of 1956. 
	
	 section 226 of the Companies Act, 1956, to be appointed by the State 
Government in consulation with the Comptroller and Auditor General 
of India. 
(3) The Corporation shall supply its auditor with a list of all 
books of accounts and other books maintained by it and the auditor 
shall, at all reasonable times, have access to the books, accounts, 
vouchers and other documents of the Corporation. 
(4) The auditor may, in relation to the accounts of the Corporation 
of which he is the auditor, examine any member or any officer or 
employee of the Corporation, and shall be entitled to require from any 
officer of the Corporation such information or explanation, as he may 
think necessary, for the performance of his duties. 
(5) The auditor shall make a report to the Corporation upon the 
accounts examined by him, and in every such report he shall state,— 
(a) in the case of books of accounts and other books maintained 
by the Corporation, whether in his opinion the accounts 
exhibit a true and fair view of the state of affairs of the 
Corporation at the end of the year, and 
(b) in case he had called for an explanation or information from 
the Corporation, whether it has been given and whether it 
is satisfactory. 
(6) As soon as the accounts of the Corporation are audited, the 
Corporation shall send a copy thereof together with the copy of the 
report of the auditor thereon to the State Government. 
(7) The State Government shall cause the accounts of the 
Corporation, together with the audit report thereon forwarded to it 
under sub-section (6), to be laid annually before the Legislative 
Assembly. 
26. (1) Notwithstanding anything contained in section 25, the State 
Government may order that there shall be concurrent audit of the 
accounts of the Corporation by such person as it thinks fit. The State 
Government may also direct a special audit to be made, by such person 
as it thinks fit, of the accounts of the Corporation relating to any 
particular transaction or to a particular period. 
(2) When an order is made under sub-section(/), the Corporation 
shall present or cause to be presented for audit such accounts and shall 
furnish to the person referred to in sub-section (1) such information as 
the said person may require for the purpose of audit. 
(3) Without prejudice to anything contained in the preceding 
sub-sections, and in section 25, the Comptroller and Auditor-General 
of India may, if so requested by the State Government, examine, and 
report upon, the accounts of the Corporation, and any expenditure 
incurred by him in connection with such examination and report shall 
be payable by the Corporation to the Comptroller and Auditor-General 
of India. 
Accounts and 
audit. 
Concurrent 
and special 
audit of 
accounts. 
119 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter V.—Acquisition and disposal of land.—Section 27.) 
Acquisition of 
land. 
CHAPTER V 
Acquisition and disposal of land 
27. (1) If at any time, in the opinion of the State Government, any 
land is required by it for the purpose of development by the Corporation 
or for any other purpose in furtherance of the objects of this Act, the 
State Government shall serve a notice upon the owner of the land and 
any other person who, in the opinion of the State Government, may be 
interested therein, to show cause, within such time as may be 
Specified in the notice, why the land shall not be acquired: 
Provided that nothing in this sub-section shall apply to land 
belonging to the Union of India. 
(2) After considering the cause, if any, shown by the owner of 
the land and by any other person interested therein, and after giving 
such owner and person an opportunity of being heard, the State 
Government may pass such orders as it deems fit. 
(3) If the State Government decides to acquire the land, it shall 
publish in the Official Gazette a notice specifying the particular 
purpose for which such land is required and stating therein that the 
State Government has decided to acquire the land. 
(4) When a notice under sub-section (3) is published in the 
Official Gazette, the land shall, on and from the date of such publication, 
vest absolutely in the State Government free from all encumbrances. 
(5) Where any land is vested in the State Government under 
sub-section (4), the State Government may, by notice, order any 
person who may be in possession of the land to deliver possession 
thereof, within thirty days of the service of the notice, to the State 
Government or any person duly authorised by it in this behalf. 
(6) If any person refuses or fails to comply with an order under 
sub-section (5), the State Government may take possession of the 
land and may for that purpose use such force as may be necessary. 
(7) Where the land has been acquired in the aforesaid manner 
for the purposes referred to in sub-section (1), the State Government 
shall, after it has taken possession of the land,— 
(a) where the Corporation pays the amount of compensation 
determined under section 28 and other charges incurred by 
the State Government in connection with the acquisition, 
transfer the land to the said Corporation for the purpose for 
which the land has been acquired, or 
120 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter V. Acquisition and disposal of land—Section 28.) 
(b) where the Corporation does not proposed to pay the aforesaid 
compensation and charges, hand over possession of the land 
to the Corporation for the purpose for which it has been 
acquired. 
28. (1) Where any land is acquired by the State Government under Compensation. 
this Chapter, the State Government shall pay for such acquisition 
compensation the amount of which shall be determined in accordance 
with the provisions of this section. 
(2) Where the amount of compensation has been determined by 
agreement between the State Government and the person to be 
compensated, it shall be determined in accordance with such agreement. 
(3) Where no such agreement can be reached, the State 
Government shall refer the case to the Collector for determination of 
the amount of compensation to be paid for such acquisition, as also the 
person or persons to whom such compensation shall be paid. 
(4) Before finally determining the amount of compensation, 
the Collector shall give an opportunity to every person to be compensated 
to state his case as to the amount of compensation. 
(5) In determining the amount of compensation, the Collector 
shall be guided by the provisions contained in section 23 and section 
	
1 of 1894. 	 24 of the Land Acquisition Act, 1894. 
(6) For the purpose of determining the amount of 
compensation— 
(a) the Collector shall have power to require any person to 
deliver to him such return and assessments as he considers 
necessary; 
(b) the Collector shall also have power to require any person 
known or believed to be interested in the land to deliver to 
him a statement containing, as far as may be practicable, the 
name of every other perosn having any interest in the land 
as co-owner, mortgagee, tenant or otherwise, the nature of 
such interest and the amount of the rents and profits (if any) 
received or receivable on account thereof for three years 
next preceding the date of the statement. 
(7) Every person required to deliver a return, assessment or 
statement under sub-section (6) shall be deemed to be legally bound to 
	
45 of 1860. 	 do so within the meaning of section 175 and section 176 of the Indian 
Penal Code. 
(8) The Collector may hear expert witness if he considers it 
necessary to do so in any particular case. 
121 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
[West Ben. Act 
(Chapter V.—Acquisition and disposal of land.—Sections 29-31.) 
Appeal. 
Disputes as to 
apportionment. 
Payment of 
compensation 
(9) The Collector or any officer authorised by him in this behalf 
shall be entitled to enter upon and inspect any land which is subject of 
proceedings before him. 
(10) The Collector shall dispose of every ease referred to him 
under sub-section (3) for determination of compensation as 
expeditiously as possible and in any case within six months from the 
date of receipt of the reference from the State Government. 
(//) The Collector shall determine the amount of costs incurred 
in any case disposed of by him under this section, and by what persons 
and in what proportions they are to be paid. 
29. (1) Any person aggrieved by the decision of the Collector 
determining the amount of compensation may, Within sixty days from 
the date of such decision, in so far as it affects him appeal to the Court 
having jurisdiction over the area in which the land is situate. 
(2) The decision of the Court on such appeal,and subject only 
to such decision, the decision of the Collector determining the amount 
of compensation, shall be final. 
30. When the amount of compensation has been settled under 
section 28, if any dispute arises as to the apportionment of the same or 
any part thereof, or as to persons to whom the same or any part thereof 
is payable, the Collector may refer such dispute for the decision of the 
Court, which shall be final. 
31. (1) Where the amount of compensation is determined by 
agreement, the State Government shall pay such amount to the person 
or persons entitled thereto. 
(2) Where the amount of compensation is determined by the 
Collector under the provisions of section 28, the State Government 
shall tender payment of the compensation determined to the persons 
entitled thereto according to such determination and shall pay to them 
unless prevented by one or more of the contingencies mentioned in 
sub-section (3). 
(3) If the persons entitled to compensation according to the 
decision of the Collector do not consent to receive it, or if there be no 
person competent to alienate the land or if there be any dispute as to the 
title to receive the compensation, the State Government shall deposit 
the amount of the compensation, so determined, in the Court: 
Provided that any person admitted to be interested may receive 
such payment under protest as to the sufficiency of the amount of 
compensation: 
122 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter V.—Acquisition and disposal of land.—Sections 32-34.) 
Provided further that nothing herein contained shall affect the 
liability of any person, who may receive the whole or any part of any 
compensation determined under this Chapter, to pay the same to the 
person lawfully entitled thereto. 
32. Where any amount of compensation has been deposited in Court 
under section 31, the Court may, either of its own motion or on the 
application made by or on behalf of any party interested or claiming to 
be interested in such amount, order the same to be invested in such 
Government or other securities approved by the State Government as 
it may think proper, and may direct the interest or other proceeds of any 
such investment to be accumulated and paid in such manner as will, in 
its opinion, give theparties interested therein the same benefit therefrom 
as they might have had form the land in respect of which such amount 
has been deposited or as near thereto as may be. 
33. When the amount of such compensation is not paid or deposited 
on or before taking possession of the land, the State Government shall 
pay the amount of compensation determined with interest thereon at 
the rate of four per cent. per annum from the time of so taking 
possession until it shall have been so paid or deposited. 
34. (1) Subject to any directions given by the State Government 
under this Act, the Corporation may dispose of— 
(a) any land acquired by the State Government and 
transferred to it, without undertaking or carrying out any 
development thereon; or 
(b) any such land after undertaking or carrying out such 
development as it thinks fit, 
to such persons, in such manner and subject to such terms and 
conditions, as it considers expedient for securing the purposes of this 
Act. 
(2) The powers of the Corporation with respect to the disposal 
of land under sub-section (1) shall be so exercised as to secure, so far 
as practicable, that— 
(a) where the Corporation proposes to dispose of by sale 
any such land without any development having been 
undertaken or carried out thereon, the Corporation shall 
offer the land in the first instance to the persons from 
whom it was acquired, if they desire to purchase it, 
subject to such conditions as to its development and use 
as the Corporation may think fit to impose; 
(b) persons who are residing or carrying on business or 
other activities on any such land shall, if they desire to 
obtain accommodation on land belonging to the 
Corporation and are willing to comply with any 
Investment of 
amount 
deposited in 
Court. 
Payment of 
interest. 
Disposal of 
land by the 
Corporation. 
123 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
Government 
lands. 
Right of land 
owner to 
compel 
Corporation to 
acquire his 
interest. 
Delegation of 
powers of the 
State Govern-
ment. 
Control of 
development of 
land and 
building 
operation. 
[West Ben. Act 
(Chapter V.—Acquisition and disposal of land.—Sections 35-37.— 
Chapter VL—Powers of the Corporation in case of certain defaults 
by owner of land in industrial area.—Section 38.) 
requirements of the Corporation as to its development 
and use, have an opportunity to obtain thereon 
accommodation suitable to their reasonable requirements 
on terms settled with due regard to the price at which any 
such land has been acquired from them. 
(3) Nothing in this Act shall be construed as enabling the 
Corporation to dispose of land by way of gift, mortgage or charge, but 
subject as aforesaid, reference in this Act to the disposal of land shall 
be construed as reference to the disposal thereof in any manner, 
whether by way of sale, exchange or lease or by the creation of any 
easement, right or privilege or otherwise. 
35. (1) For the furtherance of the objects of this Act, the State 
Government may, upon such conditions as may be agreed upon 
between that Government and the Corporation, place at the disposal 
of the Corporation any lands vested in the State Government. 
(2) After any such land has been developed by, or under the 
control and supervision of, the Corporation, it shall be dealt with by the 
Corporation in accordance with the regulations made, and directions 
given by the State Government 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 State Govern-
ment shall replace it at the disposal of the State Government upon such 
terms and conditions as may be mutually agreed upon. 
36. Where any land within any area is not acquired within a period 
of ten years from the date on which Chapter V takes effect in such area, 
owner of such land may by notice in writing served on the State 
Government require it to purchase his interest therein; and thereupon 
the State Government shall proceed to acquire that land under this 
Chapter. 
37. The State Government may, if it thinks fit, delegate, by 
notification, any of its powers under this Chapter to any of its officers. 
CHAPTER VI 
Powers of the Corporation in case of certain defaults by owner of 
land in industrial area 
38. (1) No person shall— 
(a) erect any new building, or 
(b) alter any existing building, or 
(c) undertake any specific development of land, 
124 
The West Bengal Industrial Infra-structure Development Corporation Act, 1974. 
XXV of 1974.] 
(Chapter VI—Powers of the Corporation in case of certain defaults 
by owner of land in industrial area—Section 39.) 
in any industrial est

Excerpt shown. Open the full act in Lexace.

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