The Assam Industrial Infrastructure Development Corporation Act, 1990

Registered No’A—12* THE ASSAM GAZETTE W O T EXTRAORDINARY ai« ^ - r aw PUBLISHED BY AUTHORITY sr 12 fewM’i, ivnfiRR, 14 «rt<t 1991, 25 w , 1912 («r^) No. 12 Uispar, Thursday, 14th February, 1991, 25th Magha, 1912 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH DISPUR NOTIFICATION The 14th February, 1991 No. LGL. 142/89/112 : The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. I 40 rH E . ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 190 ASSAM ACT NO. I OF 1991 (Received the assent of the Governor of Assam on 8th February, 1991.) ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION ACT’ 1990 An' Act to provide for the establishment of Corporation for the a development of industrial infrastructure in the Stale of Assam. Preamble WHEREAS it is expedient to make special provision for securing the orderly establishment of industries in industrial areas, industrial estates, growth centres and in establishment of commercial estates for the growth of industries in the State of Assam and t assist generally in the organisation 0 thereof, and for that purpose to establish an In­ dustrial Infrastructure Development Corporation, and for purposes connected with the matters afore­ said. It is hereby enacted in the Fortieth Year of the Republic of India as follows :— CHAPTER—1 , • PRELIMINARY K extcnV’lnd L (1) This Act may be called the Assam Indus- comm ence- trial Infrastructure Development Corporation Act, went 1990. (2) It extends to the whole of the State of Assam. (3) It shall come into force at once. Definitions 2. In this Act, unless the context otherwise required: — (a) "amenity” includes road, supply of water or electricity, street lighting, drainage, sewerages conservancy and such other convenience as the State Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act. (b) "building” means any structure or erec­ tion, 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; 3K THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14,1991 41 (c) "Collector” means the Collector of a district, and includes any officer specially appoin­ ted by the State Government to perform the functions of a Collector under this Act; (d) "Corporation” means the Assam Industrial Infrastructure Development Corporation estab­ lished under Section 3 ; ..... (e) "Commercial estate” means any site selec­ ted by the State Government where the Corpora­ tion constructs buildings and makes them available for the purpose of carrying out industrial and commercial activities; ? (f) "Court” means a principal Civil Court of original jurisdiction, and includes court of any Additional District Judge or Assistant District Judge whom the State Government may appoint, by name or by virtue of his offices, 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 limit; (g) "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 changes in any building or land, and includes re­ clamation and re-development, but does not In­ clude mining operations and "to develop” shall be construed accordingly ; (h) "engineering operations” include the for­ mation or laying out of means of access to a road or the laying out of means of water supply, gas supply and electricity supply; (i) "growth centre” means any site declared to be a growth centre by the State Government by notification published in the Official Gazette, which is to be developed for industries; <2 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14 iS91 (j) "industry” means any business, trade, un­ dertaking, manufacture or calling of employers and includes any calling, services, employment, handicraft or industrial occupation or avocation of workmen and the word "industrial” shall be construed accordingly; (k) "industrial area” means anv area declared to be an industrial area by the State Government by notification published in the Official Gazette, which is to b developed and where industries and e related services are to be accommodated; (1) "industrial estate” means any site selected by the State Government, where the Corporation builds factories and other buildings and makes s them available for any industries or class of industries; 9 (m) the expression "land” and expression "person interested” shall have the meanings res­ pectively assigned to them in Section 3 of the Land Acquisition Act, 1894; ____ (n) "means of access” includes a road or any means of access, whether private or public, for vehicles or for pedestrians or for rail or for water, power or communication system; (o) "notification” means notification published in the Official Gazette ; (p) "premises” means any land or building or part of a building and includes:— (i) the garden, grounds and out-houses, if ny, a appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of building for the more beneficial a enjoyment thereof; (q) the "Lease Deed” means the Agreement executed between the Corporation and lessees of plots of land, building and amenities of the Cor­ poration containing the terms and conditions of the lease; THE ASSAM GAZETTE. EXTRAORDINARY FBB. 14, 1991 43 (r) "prescribed” means prescribed by rules made under this Act; (s) "State Government” means the State Gov­ ernment of Assam. I - '■ ■ ’• CHAPTER—II. ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION. 3. (1) There shall be established by the State Establuh- Government by notification, a Corporation by the ment and name of the Assam Industrial Infrastructure Deve­ in corpora­ tion lopment Corporation for the purpose of securing and assisting in the rapid and orderly establish­ » ment and organisation of industries in industrial areas, industrial estate, growth centres, and in establishment of commercial estates for growth of » industries in the State of Assam. (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 pro_ perty both movable and immovable and to con­ tract and do all things necessary for the purposes of this Act. ■ - —- ........... --- (3) The Corporation shall establish its Head Office at such place in the State as the State Government may specify. 4. (1) The Corporation shall consist of the fol­ Constitution lowing members : — • ;— —-------'o I (a) the Commissioner and Special Secretary to the Government of Assam, Industries Department; fb) the Secretary, Finance Department, Gov­ ernment of Assam ; *‘ - - * 4 «?-. - v J®. s? 5® ~ « x-x e> a -» - «•,«>« .a- fc) the Secretary, Revenue Department, Gov­ ernment of x4.ssam ; *1 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 (d) the Chief Engineer, Assam State Electri­ city Board ; (e) the Managing Director, Assam Industrial Development Corporation Limited; > - (f) the Managing Director, Assam Small In­ dustries Development Corporation Limi­ ted ; (g) the Director of Industries, Government of Assam ; (h) the Director, Public Enterprises, Govern­ ment of Assam ; (i) the Managing Director, Assam Industrial Infrastructure Development. Corporation ; (j) two non-official Directors nominated by the State Government who are, in the opinion of the State Government, quali­ fied as having the experience and capacity in, industry or trade or finance or who in the opinion of the State Government are capable of representing the interest of persons engaged or employed therein ; - —* ° (k) two Directors nominated by Financial In„ stitutions/Banks pursuant to agreement with the corporation^ 5, Th Commissioner and Special Secretary e to the Government of Assam, Industries Depart­ ment shall be the Chairman of the Corporation; 6. A person shall be disqualified for being Directorshipnominated as a Director 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 THE ASSAM GAZETTE, EXTRAORDINARY FEB. 14, 199J 45 (c) is an undischarged insolvent, or (d) has been convicted by court on a charge of crime involving moral turpitude. cerraand?*- 7- (1) (a) Every Director of the Corporation S ditions of nominated under Clause (j) of Section 4 shall hold Dkacw„of offices for a period of three years from the date of his nomination, unless his term of office is termi­ nated earlier by the State Government. (b) Where a vacancy of any such Director oc­ curs due to completion of the term of office or due to termination of his term of office earlier, the vacancy shall be filled in accordance with the pro. visions of Section 10. (c) Any person nominated as Director of one or more occasions shall unless disqualified, be eligible 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, notwithstanding any­ thing contained in this Act, cease to be a Director of the Corporation as soon as he ceases to hold that office. Corpor^ionf 8. The Corporation shall meet at such times and shall observe such rules of procedures in regard to the transaction of its business as may be provided by regulations made under this Kct, Cessation 9, (i) if Director;— on Dirctor- a ship (a) becomes subject to any of the disqualifica­ tions mentioned in section 6, or (b) tenders his resignation in writing to and such resignation is accepted by the State 1 _ Government, or (c) is absent without the Corporation’s per­ mission from three consecutive meetings of the Corporation, or 46 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14; 1991 (d) is convicted of an offence involving moral turpitude, he shall cease to be a member of the Corporation. Vacancies 10. Any vacancy of a Director of the Corpora­ how to be filled tion shall be filled as early as practicable, in like manner as if the appointment were being made originally: Provided that during any such vacancy the continuing Directors may act as if no vacancy had occurred. abSnc«aof 11- If fhc Chairman of the Corporation is by reason of illness or otherwise rendered temporarily Chairman, incapable of carrying out his duties, or is granted leave of absence by the State Government or is otherwise unable to attend to his duties in cir­ cumstances not involving the cessation of his Directorship, the State Government may appoint any other Director to act as the Chairman of the Corporation and he shall carry out his duties and functions by or under this Act until the Chairman resumes his duties. lesumed”8 12. No disqualification of or defect in the vaifd °d and appointment of any person acting as the Chairman or a Director of the Corporation shall vitiate any act or proceedings of the Corporation, if such act or proceeding is otherwise in accordance with the provisions of this Act. emp1oyeenof 13. (1) The State Government shall appoint a the corpora- Managing Director who shall be the Chief Execu­ | officer of the Corporation. tion. t Ve > - gigfl b-Zit 1 # (2) The Corporation may appoint such other officers and employees subordinate to the Manag­ ing Director as it considers necessarv for the effi­ cient performance of its duties and functions. THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 199i 47 (3) The conditions of appointment and service of the officers and employees and their scales of pay shall— (a) as regards the Managing Director, be such as may be prescribed; 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 Managing Director of the Corpora­ tion is temporarily absent, or rendered incapable of performing his duties for any reason whatso­ ever, not involving the vacation of his office, the State Government may appoint another* person to act in his place during his absence. Such person shall vacate office on the date the Managing Direc­ tor resumes his duties, CtoPa°b?oAn 14- (1) The Corporation shall take over and certain staff employ such of the existing staff serving for sTme^b^ga-^he Infrastructure development purposes with the non of stateAssam Industrial Development Corporation Limi- pecVormat-ted, the Assam Small Industries Develop- whi hthi» m ent Corporation Ltd. the Directorate of Act Tppii’es Industries s the State Government may direct and a every person so taken over and employed shall be subject to the provisions of this Act and the rules and regulation made thereunder: Provided that the conditions of service of the members of the staff who are taken by the Corpo­ ration shall in no way be less advantageous than those which were applicable to them immediately prior to their absorption. (2) All permanent employees taken over and employed by the Corporation under sub-section (1) above shall have a lien, on their respective posts M THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 in the service of the State Government and the respective Corporation and the period of their services under the Corporation shall on their reservation to the service of the State Government and the parent Corporation be counted for their increments, pension and other matters relating to their service. (3) All obligations incurred, all contracts entered into and all matters and thinks engaged to be done before the first constitution of the Corporation by, with or foi' the State Government or Assam Industrial Development Corporation Ltd., Assam Small Industries Development Cor­ poration Ltd. and Directorate of Industries for any of the purposes of this Act in respect of any schemes for the development of industrial areas or industrial estates, commercial estates or growth centres entrusted to the Corporation shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation; and accordingly all suits or other legal proceed­ ings instituted or which might have been institu­ ted by or against the State Government or the Assam Industrial Development Corporation Limited, the Assam Small Industries Development Corporation Limited and the Directorate of Industries, as the case may be, may be continued or instituted by or against the Corporation. (4) All expenditure which the State Govern­ ment or the Assam Industrial Development Cor­ poration Ltd. the Assam Small Industries Deve­ lopment Corporation Ltd., and the Directorate of Industries may have incurred before the date of the coming into force of this Act in connection with any of the purposes of this Act shall be deem­ ed to be a grant to the Corporation under section 22 of this Act on that date, and assets acquired by such expenditure shall vest in the Corporation. THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 49 CHAPTER III FUNCTIONS AND POWERS OF THE CORPO­ RATION. 15. The functions of the Corporation shall Fu cctiooi. be— (i) generally to promote and assist in the rapid and orderly establishment, growth and development of industries, trade and commerce, in the State of Assam; and (ii) in particular and without prejudice to the generality of clause (i)— (a) to establish and manage industrial and Commercial estates at places selected by the State Government; (b) to develop industrial areas and growth centres selected by the State Govern­ ment for the purpose and make them available for undertakings to establish themselves; (c) to undertake schemes or works, either jointly with other corporate bodies or institutions, or with local authorities, or on an agencv basis, in furtherance of the purposes for which the Corporation is established and all matters connected therewith ; (d) to provide or cause to be provided amen­ ities and common facilities in industrial estates, commercial estates and industri­ al areas and growth centres and cons­ truct and maintain or cause to be main­ tained works and buildings therefor; (e) to make available plots of land build­ ings, and amenities on lease/licence/hire or 50 THE ASSAM GAZETTE, EXTRAORDINARY, fEB. 14, 1981 sale to industrialists or persons intending to start industrial undertakings; (f) to construct buildings for the housing of the employees of such industries and employees of the Corporation; and (g) to diversify its activities with prior app­ roval of the Govt, if such diversification is deemed necessary for proper functioning of the Corporation. w^ra'ofthr S u b lect the other provisions of this Cpororation Act, the Corporation shall have power- ... • •; .. VK'-’W-- " r- -A. gr~y. (a) to acquire and hold such property, both movable and immovable, as the Corpora­ tion may deem necessary for the perfor­ o mance of any of its activities, and to lease, sell, exchange or otherwise trans­ fer any property held bv it on such con­ ditions as may be deemed proper bv the Corporation: fb) to purchase by agreement or to take on lease or under anv form of tenancy any land, to erect such buildings and to exe­ cute such other works as may be necess­ ary for the purpose of carrying out its duties and functions: (c) to allot plots, factory sheds or buildings or parts of buildings, including residen­ tial tenemants and amenities to suitable persons in the industrial and commercial estates growth centres, and industrial areas established or developed bv the Corporation and to execute lease deed or anv other agreement wherever necessarv; (d) to modify o rescind such allotments, r including the right and power to evict the allottees concerned on breach of any of THE ASSAM GAZETTE, EXTRAORDINARY, FEB, 14, 1991 51 the terms and conditions of the lease deed or any other agreement; w s s i (e) to constitute advisory committees to advise the Corporation ; ..ngn (f) to engage suitable consultants or persons having special knowledge or skill to ass­ ist the Corporation in the performance of its functions; " ' , z ■ \ ■ v (g) to enter into and perform all such con­ tracts as it may consider necessary or expedient for carrying out any of its functions ; and ..* ’.... - .. ” -..... —s—y....... (h) to do such other things and perform such acts as it may ihink necessary or expedient for the proper conduct of its functions and for carrying into effect the purposes of this Act. tlon^foXrs 17. All permissions, orders, decisions, notices and docu- other documents of the Corporation shall be auth- CorporaL>nenticated by the signature of the Managing Director of the Corporation or any other officer authorised by the Corporation in this behalf. Power to 18. Notwithstanding anything contained in levy service any contract or in any law for the time being in charge. force, it shall be lawful for the Corporation to levy development cost, fees or service charges to cover its expenses on construction and mainte­ nance of roads, drainage, water-supply and such other services and amenities as may be provided by it including provision of street lighting, at such rates as may be prescribed from time to time and such cost, fees or charges may be levied on the plot holders or other persons receiving benefit of the services or amenities. 52 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 1991 byrthe’state 19- The State Government may issue to the i Corporation such general or special directions as Government to policy as it may think necessary or expedient for carrying out the purposes of this Act, and the Corporation shall be bound to follow and act upon such directions. CHAPTER— IV FINANCE, ACCOUNTS AND AUDIT Application 20. All property, fund and other assets of Corpora­ tions assets. vesting in the Corporation shall be held and applied by it, subject to the provisions, and for the purposes of this Act. Corporation fund. 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 Government by way of grants, equity contribution, subventions, loans, advances or otherwise; (b) all fees, costs and charges received by the Corporation under this Act; (c) all moneys received by the Corporation from the disposal of lands, buildings and other properties movable and immovable and other transactions; (d) all moneys received by the Corporation by way of rents and profits or in any other manner or from any other sources; (e) all moneys received by the Corporation from Government undertakings, Compa­ nies, Financial Institutions, Commercial Banks or from any other sources. THE ASSAM GAZETTE. EXTRAORDINARY FEB. 14, 1991 53 Granteg, 22. The State Government may after due snbicripticns loans and appropriation made by the State Legislature by ^h”ccor-law in “this behalf make such equity capital, grants, to subscriptions, loans and advances to the Corpora­ poration. tion as it may deem necessary for the performance 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 Government may after consulting the Corporation, determines. Power of 23. (1) The Corporation may, from time to time, with the previous sanction of the State Corporation l°(ib°gu;^n-Government and subject to the provisions of this tee of loans. Act and to such conditions as may be prescribed in this behalf, borrow any sum from open market or from Bank o financial institution required for r the purposes of this Act. (2) Rules made by the State Govern­ ment for the purposes of this section may em­ power the Corporation to borrow by the issue of bonds or stock or otherwise. (3) The maximum amount which the Corpo­ ration may at any time Rave on loan under sub­ section (lj shall be rupees fifty crores unless the State Government with the approval of the State Legislative Assembly, fixes higher maximum amount- : ..... -• ' *1 (4) The State Government may guarantee in such manner as it thinks fit the payment of the principal and interest of any Ioan proposed to be raised by the Corporation or of either the principal or the interest: Provided that the State Government shall, as long as any such guarantees are in force, lay before the State Legislative Assembly in every year during the first session of the State Legisla­ tive Assembly, a statement of the guarantees, if any, given during the current financial year and an up-to-date account of the total sum, if any, which have been paid out of or Into the State 54 THE ASSAM GAZETTE, EXTRAORDINARY VFB. 1 19S1 Revenues by reason of any such guarantees or paid in to the State Revenues towards repayment of any money so paid out. Depowte. 24 The Corporation may accept deposits on such terms and conditions as it deems fit from persons, authorities, or institutions, to whom allotment or sale of land, building o shed is made r or is likely to be made in furtherance of the objects of this Act. «hCTrfundsn.d 25.(1) The Corporation shall make provisions for such reserve and other specially denominated funds as the State Government mav, from time to time, direct. .e (2) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit therein and the <e> application of money comprised therein shall be determined by the Corporation. (3) The funds referred to in sub-section (1) shall not be utilised for any purpose other than that for which it was constituted without the previous approval of the State Government. Expenditure 26 (1) The Corporation shall Have the from funds. authority to spend such' sums as it thinks fit for the purposes authorised under this Act from out of the general fund of the Corporation referred to in Section 22 or from the reserve and other funds referred to in Section 26, as the case may be (2) Without prejudice to the generality of the power conferred by sub-section (1), the Corpora­ tion may contribute 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 indus­ trial and commercial estates or industrial areas, and growth centres, of any of the statutory func­ tions of such authority or undertaking, including expenditure incurred in the acqusition of land, THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 55 (3) The Corporation shall have authority to advance loans, with or without security or inter­ est, to its employees on such terms as it deems fit. programme 27- C1) T he Corporation shall, by such date of work, in each year as may be prescribed, prepare and submit to the State Government for approval an annual financial statement and the 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) The Corporation shall be competent to make variations in the programme of work in the course of the year; provided that all such varia­ tions and reappropriations out of the sanctioned budget, are brought 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 may be prescribed. .....................' ....................................... (2) The accounts of the Corporation shall be audited bv an auditor appointed by the State Government in consultation with the Controller and Auditor-General of India. (3) As soon as the accounts of the Corpora­ tion are audited the Corporation shall send a copy thereof together with the copy of the report of the auditor thereon to the State Government. (4) The State Government shall cause to be forwarded the accounts of the Corporation together with the audit report thereon to it un­ der sub-section (3) to be laid annually before the State Legislative Assembly. 55 7 HE ASSAM GAZETTE EXTRAORDINARY, FEB- 14, 1991 Concurrent 29.(1) Notwithstanding anything contained and special audit of in the last preceding section, the State Govern­ accounts. ment may, by order, direct that there shall be concurrent audit by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactions or to a particular period. (2) When an order is made under sub-section (1), the Corporation shall present or cause to be presented for audit such accounts and shall fur­ nish to the person appointed under sub-section (1), such information as the said person nn; require for the purpose of audit. CHAPTER-V 9 APPLICABILITY OF CERTAIN LAWS <5 Application 30.(1) The State Government may, xx of Assam of 1976. public pre­ by notification, provide that from such mises (Evic­ date as is stated therein, the Assam Pub­ tion of un­ authorised lic Premises (Eviction of Unauthorised Occupants) Occupants) Act, 1971, shall, subject to Act, 1971. the provisions of sub-section (2). apply to the premises belonging to vesting in or leased by the Corporation. ’ ■ ' ' ...’ .. "ATT... (2) On a notification being issued under sub-section (1), the aforesaid Act and the rules made thereunder shall ap­ ply to premises of the Corporation with the following modification, namely :— (a) the State Government shall ap­ point an officer of the Corpora­ tion who is holding or has held office whether under the Govern­ ment or the Corporation, which in the ooining of the State Go­ vernment. is not lower in rank than that of a Deputy Collector or an Executive Engineer, to be the Estate Officer for the purposes IfiE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 57 of the aforesaid Act and one or more officers may be appointed as Estate Officers for different areas or for the same area ; (b) reference to 'public premises” in that Act and those rules shall be deemed to be reference to premises of the Corporation and references to the '"State Govern­ ment” in sections 6, 13 and 15 A thereof shall be deemed to be references to the Corporation. Non-appii- 31. (1) The Assam Urban Areas Assam Act cenain Acts Rent Control Act, 1972 shall not of apply - (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 Corporation to any tenancies or like relationship created by the Corporation in respect of any premises; but shall apply to any premises let to the corporation. (2) The State Government may, by notification published in the official Gaz­ ette, declare that such of the provisions of the Assam Town and Country Plann­ ing Act, 1959 shall not apply to the noFmo' premises belonging to or vested in the Corporation or to any industrial area, industrial estate, growth centre or com­ mercial estate for a period of ten years from the date of commencement of this Act. . 58 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 (3) The State Government may, by notification exempt any such premises or estate as aforesaid from any of the provi- 2^^1957 sions of the Assam Municipal Act, 1956 or such period, not exceeding ten years, as may be specified in the notification. CHAPTER - VI. ACQUISITION AND DISPOSAL OF LAND. Acquisition 32. Whenever any land is required by the of land. Corporation for any purpose in furtherance of -the objects of this Act, but the Corporation is unable 9 to acquire it by agreement, the State Government may upon an application of the Corporation in that behalf, order proceedings to be taken under the Land Acquisition Act, 1894 for acquiring the same on behalf of the Corporation as if such land were needed for a public purpose within the meaning of that Act and upon compliance of the provisions of that Act, the land so acquired shall vest in the Corporation. 33. For furtherance of the objects of this Transfer of LandTThe Act, the State Government may, upon such con- -ditions as may be agreed upon between the State Corporation Government and the Corporation, place at the disposal of the Corporation any land vested in the State Government. fin’db'the $4. Subject to any direction given by the Government the Corporation may dispose Corporation.State of any such land vested in the Corporation under Section 32 or placed at its disposal under Section 33 or acquired by it by agreement to such person in such manner and subject to such terms and conditions as it considers expedient for serving the purposes of this Act. THE ASSAM GAZETTE, EXTRAORDINARY FEB. , 14 1&91 59 CHAPTER - VII. SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS. Power of the 35. (1) If the Corporation after holding a Corporation certXedefa-l°cal enQuiry or upon report from any of its uhs by owner officers or other information in its possession, is indistHa'11 satisfied that the owner of any land in an indus- area. trial area has failed to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to carry out any development of the land for which permis­ sion has been obtained under this Act the Corporation may serve upon the owner a notice requiring him to provide the amenity or carry out the development within a reasonable time to be specified in the notice. (2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: Provided that, before taking any action under this sub-section, the Corporation shall afford reasonable opportunity to the owner of the land to show cause as to why such action should not be taken. __..... (3) All expenses incurred by the Corporation or the agency employed by it in providing the amenity or carrying out the development together with interest, at such rate as the State Govern­ ment may by order fix, from the date when demand for the expenses is made until payment, shall be recoverable by the Corporation from the owner. o.derofde- 36. (j) Where the erection of any building in bSung.0 an industrial area, industrial estate, commercial estate or growth centre has been commenced or 60 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 is being carried on, or has been completed, or any- existing building is altered in contravention of the terms on which such building or the land on which it stands is held or granted under this Act, any officer of the Corporation empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order directing that such an erection shall be demolished by the owner thereof within such period not exceeding two months as may be speci­ fied in the order, and on the failures of the owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable by the Corporation from the owner: Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made. (2) Any person aggrieved by an order made under sub-section (1) may prefer an appeal against that order within thirty days from the date thereof to the Corporation, and the Corporation may after hearing th'e parties to the appeal either allow or dismiss the appeal or reverse or vary any part of the order. (3) The decision of the Corporation on the appeal and subject only to such decision, the order made by the officer under sub-section (1) shall be final. PoWhr-id? 37.(1) Where the erection of any building op°elraHon.insin an industrial area or industrial estate or com­ mercial estate op growth centre has been comme­ nced, or is being carried on, or any existing bu­ ilding is altered, in contravention 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 Corporation empowered in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order THE ASSAM GAZETTE. EXTRAORhlNARV FEB 14 1991 61 requiring the building operation in relation to such erection to be discontinued on and from the date of the service of the order. (2) Where such building operations are not discontinued in pursuance of the requisition under sub-section (1), the Corporation or the officer empowered as aforesaid may require any police officer to remove the person by whom the erection of the building has been commenced and all his assistants and workmen from the place of the building within such time as may be specified in the requisition and such police officer shall comply with the requisition accor- dinrtlv >5^ « (3) After a requisition under sub-section (2) has been complied with, the Corporation or the officer empowered as aforesaid may depute by a written order, a police officer or an officer, or employee of the Corporation to watch the place in order to ensure that the erection of the buil­ ding is not continued. (4) Any person failing to comply with an order made under sub-section (1) shall, on con­ viction, be punishable with fine which may extend to two hundred rupees for every day during which such non-compliance continues after the service of the order- (5) No compensation shall be payable to any person for any demage or loss which he may sustain inconsequence of any odrer made under this section. construcUon 38. (1) Any person, who, whether at his u aandbu-ow n ^ns^ance or at the instance of any other per- adingcont- son, undertaken or carries out construction of, rary to terms r alterations to any building in an industrial O ° ° area or industrial estate or commercial estate or growth centre, contrary to the terms under which he holds such building or land under this Act, shall on conviction, be punishable with fine 62 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14 1991 which may extend to ten thousand rupees and in the case of a continuing contravention, with a further fine which may extend to two hundred rupees for every day during which such offence continues after conviction for the first commi­ ssion of the offence. (2) Any person who uses any land or building in an industrial area or industrial estate or com­ mercial estate or growth centres contrary to the terms under which he holds such land or building under this Act, or in contravention of the provi­ sions of any regulations made in this behalf shall, on conviction, be punishable with fine which' may extend to five thousand rupees. prunese^c ^9. (1) Within any area taken up for deve­ lopment under paragraph (b) of clause (ii) of sec­ tion 14, and for the purpose of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers, or drain necessary for carrying off the working and waste liquids of an industrial process through any intervening area, the Corporation or any person empowered in this behalf by the State Government by notifica­ tion (hereinafter in this section referred to as "the authorised person”) may lay down, place, maintain, alter, remove or repair any pipes, pipelines, conduits, supply or service­ lines, posts or other appliances or apparatus in, under over, along or across any land_ in such areas. - (2) The Corporation 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) While exercising the power conferred by sub-section (1), the Corporation or the autho­ rised person shall where the land effected in a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such property, and full compensation to all persons interested for THE ASSAM GAZETTE, EXTRAORDINARY, 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 that 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 alter 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. 40. Any officer of the State Government, any Po wer of 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 sewers and drains ; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended linse of work; 64 fHE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 1991 (e) marking such levels, boundaries and lines by placing marks and cutting trenches; (f) doing any other thing necessary for the efficient administration of this Act: Provided that— (i) no such entry shall be made except bet­ ween the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building; (ii) sufficient opportunity shall in every in­ stance be given to enable women, if any, to withdraw from such land or building; (iii) due regard should always be had, so far as may be compatible with the exigeni- ous of the purpose for which the entry' is made, to the social and religious usa­ ges of the occupant of the land or building entered. th^corpora- 41. The State Government may, by notifica­ tion nay.be tion, nominate any officer of the Corporation to be o?hwd w«s a controller or licensing authority under any law P ■for the time being in force relating to the procu­ rement or distribution of any commodity in res­ pect of the industrial undertakings extablished or to be established in industrial area, industrial estates or commercial estate or growth centre entrusted to or developed by the Corporation, and no such no­ mination shall be called into question merely on the ground that such officer is not an officer of the State Government. Overriding 42. Notwithstanding anything contained in any G^Vernment other law, or in any licence or permit, if the State to issue direc-Government is satisfied either on a recommendation authoHriOsal made in this behalf by Corporation or otherwise, that the setting up of an industrial undertaking (whether within an industrial area or outside) is impeded by a local authority’s insistence on con­ ditions which the State Government considers THE ASSAM GAZETTE. EXTRAORDINARY FBB 14, 1591 65 unreasonable for the grant of any amenity, the State Government may direct the local authority to grant the said amenity on such conditions as the State Government may consider fit and there­ upon the amenity shall be granted : Provided that the charge to be paid for grant­ ing or continuing such amenity to the local autho­ rity concerned shall not be less than the cost in­ curred by the local authority or licenses concerned for pioviding such amenity: Provided further that no such direction shall be issued by the State Government without giving the local authority a reasonable opportunity to show cause against the proposed direction. oekr Ceioer anV Person or Company applies to the mBissbnPfn’ Collector or any other competent authority for lease f Government land or for permission to convert adjoining o uta8cases.*' Agricultural land into non-agricultural use for setting up of an industrial undertaking or for locating a brick kiln guary or for any other use which may be detrimental to the orderly growth of an industrial area or industrial estate or commercial estate or growth centre and if such Government land or agricultural land is situated within a radius of five kilometres of the outer boundary of the said industrial area or estate, the collector or the competent authority shall not grant such lease or permission without prior consultation with the Corporation: Provided that where the Collector or the com­ petent authority overrides the objection of the Cor­ poration he shall give reasons therefore in writing to the Corporation, whereupon the Corporation may appeal to the prescribed authority : Provided further that no action shall be taken on the order of the Collector or the competent authority till such appeal is disposed of: 66 THE ASSAM GAZETTE, EXTRAORDINARY FEB. 14, 1991 Provided also that the provisions of this section shall not apply to any village industry, cottage industry or tiny sector industry. Explanation :—For the purposes of this Section (i) the expression “village industry” and “cottage industry” shall have the same meaning as assigned to them by the Government; (ii) “tiny sector industry’ shall mean such industry as may be declared by the State Government from time to time to be a tiny sector industry. Notices 44. Where any notice, order or other document etc. n°abie tFmX" issue^ or made under this Act, or any rule or re­ gulation made thereunder, requires anythings to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice order, or other document shall specify a reasonable period of time for doing the same or complying there­ with. Cretins8 45.(1) The Corporation shall furnish to the State ’ Government returns, statistics, reports, accounts etc. and other information with such respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the State Government may from time to time require. (2) The Corporation shall, in addition to the audit report referred to the section 27, furnish to the State Government an annual report of its working as soon as may be after the end of each financial year in such form and with such details as may be pres­ cribed and a copy of the annual report shall be placed before the State Legislature as soon as may be after it is received by the State Government. THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 67 ristingareis ^6. The State Government may by notification and subject to such terms and conditions as may be estates and sPecihed therein, place any industrial area or in- GorporaUonf °n’dustrial estate, commercial estate, growth centre established prior to the date of commencement of this Act under the management and control of the Corporation and thereupon the provisions of this Act, shall apply to such industrial area, industrial estate, commercial estate and growth centre as if the industrial areas were declared and the industrial estate, commercial estate and growth centre were established under this Act, ^f’^reL’or' 47. Where the State Government is satisfied or paidhat with respect to any particular industrial estate or industrial area^ or any part thereof, the purpose for which the Corporation was established under this Act, has been substantially achieved so as to render the continued existence of such estate or area or part thereof under the Corporation unne­ cessary, the State Government may, by notification declare that such industrial estate or industrial area or part thereof has been removed from the jurisdi­ ction of the Corporation. The State Government may also make such other incidental arrangement for the administration of such estate or area or part thereof as the circumstances require. Dissolution 48. (1) Where the State Government is satis- °knlorpora fied that the purposes for which the Corporation t was established under this Act have been substan­ tially achieved so as to render the continued existence of the Corporation in the opinion of the State Government unnecessary, it may, by notification, declare that the Corporation shall be dissolved with effect from such date as may be specified in the notification and the Corporation shall be deemed to be dissolved accordingly. (2). From the said date — (a) all properties, funds and dues which are vested in or realisable by, shall vest in or be realisable by, the State Government; I Ua I 68 FPE ASSAM GAZETTE EXTRAORDINARY, FEB, 14, 1991 (b) all liabilities which are enforceable against the Corpoartion shall be enfor­ ceable against the State Govrnment. 49. Unless otherwise expressly provided no prosecution, Court shall take cognisance of any offence relat­ ing to any property belonging to or vested by or under this Act, in the Corporation, punishable under this Act, except on the complaint of, or upon information received from, the Corporation or some person authorised by the Corporation by general or special order in this behalf. (1) The Corporation or any person autho- Compensation 50. by corportrisecl by the Corporation by general or special tion, order in this behalf may, either before or after the institution of the proceedings, compound any 5 offence punishable by or under this Act. (2) Where an offence has been componded the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. Whenever an offence under this Act, offence# by 51. (1) companies.

p, b committed by a company, every person as een who at that time the offence was committed was in charge of, or was responsible to the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be pro­ ceeded against and punished accordingly: Provided that nothing contained in this sub­ section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with' the con­ sent or connivance of, or is attributable to any neglect on the part of any director, manager secre­ tary or other officer of the company, such director, THE ASSAM GAZETTE. EXTRAORDINARY FEB. 14, 1991 69 manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation—for the purposes of this section— (a) “company” means any body corporate, and includes a firm or other association of individuals ; and (b) “director” in relation to a firm, means a partner in the firm. penait for Person who obstructs the entry of a obs"ruction, person authorised under Section 49 to enter into or upon any land or building or molestes such per­ son after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. duesVery °f m oney payable to the Corporation in respect of which the person liable to pay the same has agreed by a written instrument that it shall be recoverable as a public demand, shall, on an appli­ cation made by the Corporation in that behalf, be recoverable as such demand. Power to 54. (1) The State Government, may by notifica- tion, make rules to carry out the purposes of this make rules. Act: Provided that where the State Government feel it necessary, it shall except on the first occasion of making rules under the section, take into consi­ deration any suggestion made by the Corporation relating to amendment of such rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may 70 THE ASSAM GAZETTE, EXTRAORDINARY FEB. 14, 1991 provide for all or any of the following matters, namely:— :;' e . v ; ■ (a) the fees and allowanceTpayable to the directors of the Corporation ; (b) the conditions of appointment and ser­ vice and the scale of pay of the Mana­ ging Director of the Corporation; (c) the conditions subject to which the Cor­ poration borrow money ; (d) the date by which the annual financial statement and programme of work shall be submitted by the Corporation to the State Government and the form and manner of preparing such statement referred to in section 27 ; (e) the form and the manner of maintaining books accounts and other books under section 28 ; (f) the form of, and the details to be given in the annual report under section 45 ; (g) the fees which may be charged by the Corporation ; (h) the conditions subject to which the Cor­ poration may dispose of laud, buildings and amenities ; (i) any other matter which has to be or may be prescribed. (3) All rules made by the State Government under an Assam Act shall, as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall unless some later date is appointed, take effect THE ASSAM GAZETTE. EXTRAORDINARY. FEB. 14, 1991 71 from the date of their publication in the official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the vali­ dity of anything previously done thereunder. 2X r'° 55. (1) The Corporation may, with the previous ”rion.regu" approval of the State Government, make regulation consistant with this Act, and the rules made there­ under, to carryout the purposes of th;s Act and without prejudice to the generality of this power, such regulations may provide for :— (a) the time and place of meetings of the Corporation and the procedure to be followed in regard to do the transaction of business of such meetings to be provided; (b) the conditions of appointment and ser­ vice and the scales of pay of officers and employees of the Corporation other than the Managing Director; (c) deployment of funds of the Corporation and the officers of the Corporation who may operate its accounts ; (d) the terms under which the Corporation may dispose of land, buildings and ame­ nities; (e) the additional terms and conditions sub­ ject to which lands and building industri­ al area, industrial estate, commercial estate and growth centre, may be held oi used; (f) the procedure and conditions of allotment of premises and modification cancella­ 3 tion and recession thereof ; (g) the manner of publication of public notice and the manner of Service of Notices, Orders, Documents of the Corporation; (h) any matter which has to be or may be provided by regulation- n THE ASSAM GAZETTE. EXTRAORDINARY FE8, 14, 1991 (2) All regulation made by the Corporation under the Act shall as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall, unless, some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without preju­ dice to the validity of anything previously done thereunder 56 No suit, prosecution or other legalprocee- Protection or Fn goodff^ith^’n8s shall he against any person for anything .which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. Members 57. The members of the Corporation and the staffeofCod-Officers and employee of the Corporation shall, r when acting or perporting to act, in pursuance of' pcation to <£ n"bhc any of the provisions of this Act be deemed to be fva s public servants within the meaning of section 21 of the Indian Penal Code. Effect of 58 The provision of this Act shall have effect notwithstanding anything inconsistent therewith “th other contained in any other law- laws. 59. If any doubt or difficulty arises in giving Power to r«- “°VdifficuU effect to the provisions of this Act, State Govern- ties. ment may, by order make provision or give such direction not inconsistent with the express provi­ sions of this Act, as may appear to it to be nece­ ssary or expedient for the removal of the doubt or difficulty and the order of the State Government, in such cases, shall be final : Provided that no such order shall be mad* or direction shall be given after the expiration of a period of two years from the date of commence­ ment of this Act. K. LASKAR, Secretary to the Govt, of Assam, Legislative Department. GUWaHATI - i"'(ited a, d published by thr Oy. Director (P), Directorate of Ptg. an? Sty. ->« -n. ■ owaii. ,i—21 (Ex--.azetie) a 23—*<75—,'CC— ’4 2 I-9i