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. , - 0 ORISSA AC'r 1 OF 198 1 - *%HE ORlSSA D ~ S T I U A L INFRASTRUCTURE DEVELOPMENT CORPORATIONACT, 1980' , , . . , [Received rhc, assent of [he Presid~nt on rite 5th Ja~~sary 198I, firs1 publfihed in an exrrflorditrury i s ~ ~ l e ofthe Or issa Gazette, dated rhe 19th Jtnlrrary 1981 j AN ACT TO PROVIDE FOR THE ESThBLISHA1EN.T OF A CORPORATION FOR THE DEVRLOPFNT Op INDUSTRIAL INFRASTRUCTURE IN THE STATE OF ONSSA.
WHEREAS it is expedient to make special provision for securing the orderly cdablisbment of industrie: in industrial itreas aud industrill estates in thc State of Orissa and to mist generaly in rhc organisalion thereof, and for rhat pur pose to establish an Industrial Infrastructure Development Corporation, and for purposee mnnccted with the matters aforesaid.
It i s hereby cnactcd' by' tlrc Lc~islaturc'-of- thc State of Orissa in thc Thirty first Year of the Republic,af India, as folIows :- PRELIMINARY Short atsP1 trtl - , 1. ( I ) ThisAct may bc called . thc Orissa Industrial Inirastructurc Develop- Cam,, ment Corporalion Act, ,1980.
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(2) It oxtends to thc wholc of l,ic Stale of Orissa;
(3) It shall comc into force at oncc.
Dcfinltlona 2. In this Act, unless thc context oti\erwisc requires : -
(a) " amenity " includcs road, railway siding, air slri]), ware housing, supply . . of water or electricity, s trcer Iighl ing, drainage, sewcraze, conservancy . . ..
and such oll~cr convenlencc as the State Govcrnrnent may, by mtification specify to bc an amenity for t hz purposes of this Act ;
(b) '#Board" means the Board of <the Directors of the Cclrpo'ratibn ;
(c) "bdlding" meall.; any struciurc or crcdion, or part of a structure dr , erection, which i6 intcnded ro be used for rzsidenlial,, industrial, =dmmercial or other purposes, wlletbel in actual usc or not ;
( J ) "Colleclor" 'means the Collecior of a dirlrict, and i~~cludcs any officer speciaIIy empowered by the State. Gover~lucn t lo pcrlorrn the functions of a Collector under this Act ; -
(e) "Corporarionm means rhe Orissa Indndrial Infrastruct urc DcuelopmaJt Corporation established under scction 3';
( f ) ''develoPment" with its grammatical variations, means the carrying our of building, engineering quarrying or other .opcralions in, on, over or under land or the making of any material change in -any building or land, md includes re-development, but docs not include mining ;
.-and "to devcIopa* shall be constructed amordingl) ;
For 6laltm:nt or objcctm and reasons yce Orb- ..Gazcrtec, . Exlraordinary, ,&fed., the 1st mbcr, 1980 (NO. 1328)~:' ',,,- . -, ' ::! : c. . - , . I .
THE ORlSSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPOWTION ACT, 1980 [ Orissa Act 1 of 1980 1 ( Sees. 2 4 )
(g) "engineering operations" include Lhe f o r d o n 01 laying out. of m a & of access to a road, rail or water way' or the laying out of means water-supply, power supply, and communication sysmtem ;
(h)."industrial area " means. any area declared to be an industrial area by ' the State Government by notifiation, which is to be 'deveIoped where industries, industria1 housing and related services are to be accommodated ;
(i) 'indushhl -estate'* means any site selected by the State Governmentwhere the Corporation builds f~ctories and other burldings, service3 and amenities ..and makes them avaiIabIe for any industry or clds of :industries,';
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: (j3 '*means of access" includes a mad or any r e m a of access, whetberprivab or public, for vehicles or for pedestrians or for mil or for water, pow= . - or communicration systems ;
. , ~~~k)'bpremises"~meansanykndorbuMiagorpartofabuildingand~i&ludes- (I) the garden, grounds and out-houses, if any, appertaining' to s c h building or part of a building ; and (ig any fittings affixed to such building or part of a buiIding for the more beneficial enjoyment thereof ;
(I) "prescribed" means prescribed by mles made under this Act ;
- '. (m) the expression "land" and the expresAon "pm'on interested" shall have . , thc meanmgs respectively asbiped to them Under section 3 of ,the tand .
Acquisition Act, 1894. 1 of lmi;
ESTABLISHMENT OF THE CORPORATION mtibl hh- 3. ( I ) For the purpose of securing and assisting in the rapid and orderly 1-cnt and establishment and organisation of industries, trade and commerce in industrrial areas and I w O r a - bdustrial:estates in the State of Orissa, there shall be eslabxshed by the State tion. . Government, by notifiation, a Corporation by the name of the Orissa Industrial Tnfrn~truct~re Development .Corporation.
(2) The Corporation shall be a body corporate with, perpetual sucxession and n common seal, and may sue and be sued in it, corporate name, and shall ba competent to acquire, hold and dispcse OF property, both movable and immovable and to. contract and do all thingsnccessary for rhe pu@ose~ of this Act.
Constiludo~ 4. ( I ) The genenl supccintendence, daectibn and' ;m;lagement of the affairs oc Board of and- buiinesj of tire Corporation shall vest in a Board of Dire~tob, which .with the DLFtFfOra. as-ktance of an ExecuUve Cornmartee and a Managing ,Director, may exercise aU the powers and discharge all the fuctions which may be.exercised or d~sch~ged by thr: Corporation.
I - (2) The Board of Directors s h ~ l l w ~ h t of fifteen Directors, . namcly :- <i).Secretary to .Gdveritme;lt iu the Industries ,Department, ' .tii) Secretary to . Governmeat , in the Finance .
ifii)'Seaetafl 10 - Government In the Revkue D c w e - ( i l l ) Director af Industries, Ofisa, Chairman, Orissa Statc Elairicily ' Bolud, . . , iOMSSA :.lINoUSTRbkL LNFRASTRUCTW DEKELDAMEm CORPORATION ACT, 3980 [:Oria~ -Acf I : OP A94 I 1 Ai;Manag~ng Director, Industml Development Corpora~tron of Ocish Limited, - rl , !@i) Managing Dqectbl, Ipdustpil J?iornoti~s aud Jnvwtment Cgrpprstion of On's% Lirmted, piii) Managrng Director, Orissc Stgte ~inaociql Corpor$tiog
(ix) Managing Direptor, O r k s Small I n d ~ l r i e .Corporation Lbrted, . , .
(x) chiif Engineer, Public HeJm Department,
(xi) Managing Director 01 the Corporation, - IxCl four Directors nominated by the State Government horn amongst persons appearing to it to be qwli6ed as having had ' expenewe of, and having rhown capacity in, industry or trade 01 finance, or who, m the opinion of the State ' Golfernmeat, are capble of regesentiug the ' intatst of person3 mgagld or employed therein.
(3) The Srate Government , ,. ahdl wppoiet pne of :he D.iwto!s tu the- C w 0 - , os the Board. - -. . .. . > . ' .
M e q d ~ a r - 5. A person sh::ll be disqu@ifie for bing . . nolpinated <I , . . - . as .@ Director of the , don for Board. .IT % h,+ . ' , , Dira0isbl~ - '-- - .(a) is au employ- , , ok , the . Corpprdt ,. op, ' not bei y- the Mqwging .- Diractor; .
I , . . . or . . , , , .. . , . . (b) is .,of , unsound mi@, apd ends so. d?la# (by a -+mpe~fl . ( . . , .~u,;,:~.r .
( c ) is an un-dischargsd insolvent ; or {d) has a subsisting . cqntraqt , with the a , . C>o~oration. , . , Term of The Chairman and the Directors nominated unde~ clause .(xii) af eubof section 4 shaU holC office d the pleasure of the Governor.
Cmdit10~ o f ~ e i r i ~ or DIrsetors. (2) Subject to the provisions of sub-secdon (I), the term of uace J the d d .
Dpe~tors shall be tor a period .of three ,years from ahe dale nf thejr ;1.1,@nabcin and 8haU include any .[urlher per~od .wGch' . mrfy . .elapse I betwe- @e expjrstion of the said period of three years aid the d;ate of uoqnatlon of their, 9u.Ccessprs.
(3) The nominated Directws sbJl be entitled, to draw such fees ?,no aUowances as may be presmibcd, (fl Aw 9erson nomina~ed as Director on one pr more o c ~ s i e n s shall, unless &squalificd, be eligible for renomination.
\5) Where a person IS nomiqted to bc or becomes a Director by virtue of ho~dirg . +n:, office, he shall, notkiths~tlding anythr ng conta?~~ed in this Act, m e to be -Director as goon' &s he ceases t o hold that office. '
7. (1) The B a N shall mect at such times aqd places, aati,,sbaJ, s y b j q $0 E F : ~ ~ : ~ the provirioni d sub-bectian (2), observe such rules of procedure in regakd to the trauqc$ion of its !us!nesa . . , may . . be provided byregvhtitim macie . . . pnder this Act.
(2) :A Dj; ector, wile is,direc t13 or indirefitly concerned or ,intemsJ.ed :k any ~antufl, a loan, atrangeLmeat' ,,or -proposal- enter& Into or proposeJ .to be,pn~rqd jet?, .by orgn . kmlf of -'the Chrpo~.tton, shall .qt the earliest powble omrwpity ,,d!sBcl.qse 'fie mture of hs interesr to the Bo~rd, and shall not be gresentrit any m e e t b o f the B e d when as3 such mntrtict, l~an~arrangement , or propqsal is dis:u:sed, -unless ,Ids. ,presence .is required ,bo -the other D~rectors for tht purpose df eliiitiq@.~dormatio~r, , ' '-but ub .Director so :required tojbe present - . ihshall vote, .on b y such ,contradC-!o,&, anangeaont . : o r i ?roposal; . , . , I , , . . . , - ' 1 , .
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THE JIORISSX-' INDUSTRIAL INFRASTRUCTURE DEVELOP= : CORPORATION Am, 1980 ['Oiissa-Act' of-1981'1 ( S e a . 8 -13 1 egM",, , : 8. If . s - Director- .
"- - (a) become3 subject to any of thc iceisqual16ition!: mentioned in section 5 ; or
(b) tenders his resi~;natica, m writing to, such resignatiau is acceptcd by the Sbte Government ; or .
, - (c) is absent without the Buud's petmidion from three consealive meetings of the Board, or from all mect iw .of thc Board for three consecutive montbs ; or . . . .
.. . (6) is convicted of an gffence involving mor..l hupi~ude, he shall cean to be s member of ,.the goard.
V d ' 9. Any d v a m in' the Board shall befrlled is ur1y as pract~cdda Wed. '"'O like manner as if the appointment were being made origuhlly-:
. . . . _ Prov~ded that during any auch vacancy the coathuiug members may ad a*, If no vacancy had occurred.
Tmporar~ ' '10.- ~f th6 Chairman of tha ~ o m i is hy r a o n of ihess or otherwise, rendered $- tunporarily inc~pable of mrriying our his duties, or is ganted lcavs of absencd -, by .the State .Go~crnent .or i~ otherwise unable to attend to $is duties in , circumstances not involving the oessation of his Directorship, the State Govervent may appoint the Managing Dimtor or any- other. Director. to act as the Cbmmn and out his duties and functions 'by or under this Act until the Chairman resumes his dutios.
-%?to 11. N o disqualificatian of, or defeEt in the appointment of any person acti rgoDd u tho C h k q a n 01 B Director of the Bg?rd,shall vitiateanyact~r prowuding md ~alld. of the Board, d such act or proceeding is o t h e d a in accordance with the provisions df this Act. .
m = a epd 12. ( I ) The State Government shall appoint a Managing Director who shall Senants Of be the Chief Executive Officer of the Corporation. . .
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dm. (2) The Board may appoint such other dficers and servants, subordinate . to the Mansging Director, as it consideis necessary for the acient perfor mance of its duties and -functions.
(3) The conditions of appointment and service of the aficers and- servants and their scales of pay shall-
(a) as regards the Managpg Director, be such as may be prescride ; and - - . . .- -
(b) as re& ihe ither officers and servants, be such as may be determined by reguIations made under this Act.
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(4) Zf. the Managing ~irector of the Corporation is tkrnporady absent or ' rendered gapable ?f performing his duties for any r h o n whatsoever, not involving the w b o n of hs office, the State Government may, after consulation with tho Board, appoint another penon to act in his place during his absence. Such person sbaU vacate -0ffic8 on the'date the Managiog Director resumes his duties. . . . . - .
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Oorparation 13.(I)~The'Corpoiation shaUitake over and employsuch oftha existingstiff tu absorb for the puqoses of the Industrial Promotion and Investment Corporationof CCrlaInstoff ,d me Orissa. Limited and the Orissa Small Industdes Corporation, k i t e d as the State obli~ums .. C30vdnunent qiiy . direct and every: person so , taken over and employed shall ba of Sat0 abject b tha provisidas of this Act and the rules and regulations made thereunder:
amantrncol - . , . , ,- IP re- of , ' - -ro rrm thlr , - provided that the conditions of service of the members of the s M who are &I ~ p p I i a r , Cakep. aver : by the , Coqtorntion shall in no way be less adv&tageous than those wHch were eppricable to them immediately prior to their absorption. , . : . . : .:
(2) All obligations incurred, all coo tract^ entered into and all matters and fhing. ,engaged. to be dooc, before the first csrabfishment of the Corporation, by, with or for theU.State Government or the Corporations aforesaia, for any 01 the purposes of thls Act, in respect of any scherncs for the -deyelopmcnt of industrial estates or industrial areas entrusted to the Corporation, shall be deemed to have been. incurred, entered into or engagcd 10 be done, by, with or fcr thc Corporation, ,ind ' accordjngly -all suits or other legal prqcecdings inslitu red or which might have been instituted by or against tbc Sfate Goveinment or. the Corporations aioresaid, as the a s e may be, may be continued or instituted by'or against the Corporation.
(3) All expenditure which the State ~overnment or rh: Corporation arbresaid may- haye ,incurred before the date of-the coming into force of.ths Act ~ n ~ c o n n e c tion:.with. ariy of the purposes ,of this Act shall be: deemed to .be a-grant to the Co~omrions under seciton 21 on that date, and all assets acquircd by such expenditure sbaU ',vest in rhe' Corporation. , CHAP~ER' IfX FUNCrIONS AND POWERS OF THE CORPORATION
14. The functions of the Corporation shall be:- FnnctIon.
(i) generally to promote and assist in the rapid and orderIy establishment, growth . , and develo~ment of industries, trade and commerce in the State, and
(ii) in particular and without prejudice to the generality of clause (i) to-
(a) establish and manage industrial estates at places notifid by the State Government; .-
(b) develop industrialarasnotibed by the State Government for the purpose and make them available for underrakings to establish themselves;
(c) undertake schemes or works, either jointly with other corporate bodies or institutions, or with Government or IocaI authorities, or on an agency bclsis, in furthemce of the purposes for which the Corporation is established and all matters comected therewith;
(d) provide or =use to be provided nmenilies and common facilities in industria1 estates and industrial areas and construct and maintain or cause to be maintained works and buildings thereof;
(e) make available buildings on hire or sale to industria.1is.t~ or persfins intending to b t a r t industrial undertakings;
CT) constflct buiIdings for the housing of the employees of such industries and emkloyees of the Corporation.
Go;lcrat 15. Subject to the provisions .of this Act, the Corporation shall have powerp o ~ m or the Corporation. (a) to acquire and hold such property, both movabIe and immovable, as the Corporation may det m necessary for thr performance of any i ts activities, and to lase, sell, exchange or otherwise tmnsfer-any propwty.held by it on such conditions as may be deemed proper. by the Corporation.
(b) to purchase by agreement, or to take on lease or under ,any form of tenancy any land to erect such buildings and to execute such other works as may be necessary for the, purpose of carrying out its. duties and functions; . .
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TKR ORISSA INDUSTRIAL INFRASTRUCTURE DRVELO~MBNT CORPORATION ACT, 1980 I Orissa Act 1 OC 1981 ] . ' (c) to allot plots, factory sheds 'or buildings- .or part of buildings, , . , . or developed by the Corporation;
' rcsiddiiial tenemct~ts,'to s~itablc persons in the, industrial estates . .
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(d) t'o modify oi rescind such illotrnepts, including tho right andp(wei,% evict the allottees conmrned on breach of any. of the terms or wnditiona of the -allotment; , ,
(e) to constitute advisory committees to advice the Corporation;
Cfl to engage suitable consultants , or ,persons'. having special knowldge of skill to ,assist the' Corp'omtion in thu performance of its hnctions;. *,. ;. .
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(g) to enter into and perform all such wntracts as it may consider necessary, or expe dient for mrrying out any of its functions; and
(h) to do such other things and ,peCform such acts as it may think nmsarSr or eqdient for the proper .anduct of its functiofls add the w i n g igto effect ,Lhe,purposes of this Act.
Anthcotl a-
16. AU permissions, orders, . decisions, netices . and other documents , of th6 tlon of Corporation shall be anthenticated by the signature of the Chief Excutive Offimr orders and of the Corpomtion. . , , . , d m m a l r . , , , ,.. . . : ,.. .* . .
.of corporation- Power to 17, Notwithhiding. anything contained 1 in any -contract or any Iaw for h e timb levy wtcc being in force, it shall be lawful for the Corporation to levy development cost, fee9 chargo. or service charges to mver its expenses on construction and maintenance of roads, dminge, water-su;pIy and such other services and amenities as may be providd by it including provision of street lighting, at such rates as may be prescribed fmm time to time and such cost, fees and cbaeges may ba Ievied oh the plot hdders or other persons receiving benefit of the services or amenities.
Dlrectlom . 18. The Stale Govemmcnt may isrue to the Corporation such geneml or specid by the State directionS as to policy as i t may think necessary or expedient for mtrying out tho Government. purposes of:this Act, and the Corporation shall be bound to follow and act upon such dfrecbons. , .. , .
19. All property, fund and .other assets vesting in the Corporation shall be 2fpgFm- held and appIied by it, subject to ,the proy i s io~~ and for the purposes of this Acf tion's assets.
Corpo ia- 20. The Corporation . shaU have . and maintain its own fund, to which shall , , - Hoo.3 fund. be mditod--
(a) a11 amounts rewived by the Corporatian from the State Government by way of grants, subventions, loam, advances or othemisa;
(b) all fees, costs and chargee r&ived b y the Corporation under this Act;
(e) all amount, re&ved by the Corporation from the disposal, of lands buildings ,and othr piapedies movabli and movable and other transactions;
(d) alI amount3 received by the Corporation by way of rents and profits or ia any other manner or,'from any other source;
. , - ' t u j auj ahinn& &xi& by tbe &porntion from ~ o v o f n m & ~ t U I I ~ M ~ S * Qompanias, Fhmdd Institadom, Commeroial Banks or ftom any otha amm.
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THE ORISSA INDusTRIA-L' .'. INFRASTRUCTU~! DWELOPMENT CORPOKATION ACT, 1980 [Orissa Act 1 of 1981 1 Grants. 21. The State Governmant may aRer due appropriation made by the State rrnbVcnHdd9, Legi~laiure by law in this behdfg, mzke s u ~ h grants, subventions, loans and advanm - - . loam and to -the Corpbiatioa as.' iir:'hay' deem'%ieessary fdr the performance of the funclioqs . . sdvances to ths corpom. af the Corpsration under this Act; and a11 grants, bubventioos, roans a i d adyki~ces don. made shall be on such terms and conditions as the Ststs Government may 8fter .consulting , the,, '..Corparaticn : determine.
Power of 22. ( I ) -rI'tiz Coip~fation may, ffdm time to timc, with the previods sanction fation of the SLatc GovzrLlm:nt and subject L3 thi: pidvisions of this Act and LO such IO zmw oondicions as mly ba pnicribzd in this bshalf, barrow any sum required for tho andgurao- purpo,ses of thi9 Act.
, . , , Lte of loans. . . .. _ . . , , , , - . . .
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(2) ~ u l k &dc' by th5 ' ~ t a t c ' Givzr'nrrient' for' th.e'iurpajes of this secti--'.
may empower the Corporation to borrow by the issue of bjnds or sLock or otharfnise.
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(3) The malti&um, amdunt ' which the ~ o b o ~ a t i s n may at any time have' on loan uadar 3ub-3e:tion-'(I) slldl b : 6 fty. ~ r 3 r s 3 of rup3:5; unless 'tha Statc Govcrpmentwith the appraval of tho State hgislativa Assembly, fixes a higher maximum amount- , , . . I ' . , - - . . -.
(fl'The State b v i r n m e d t AD suanotee in r ~ c d ' manner ar it thinks 6t *j&, payment of the princrpal and interest of any 1031-1 proposed to be raised by the Corporation or of either tho principal .or the.interest; ,
Provided [hat the Stalo Cfovernment shall, so long as any such guarantees rn in form, -lay - 'befor the Stat? Legislature in every 'year during thc:6nt season of the LigisIature, a Statement of the' gurantees, if any, given-during the current financial yar and an u?-t~-3at3 acc3ant of the total sum, if any, 'which have bzenpaid out of or into , the Slate Revenues by r e a s o ~ o f any such Grantees or paid iutci the State Revenues towards. rcp1ym:nt of any money so paid., out.
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23. The Corporation may accept deposits on such terms and conditidns as it DePOBiQ deems fit from .persons, authorities or institutions,, to whom .allotment o r sale of Iand, buildings orsheds is made or is likely, to' be made in furtherance of the objects of th+ ,Act., . - .
- 24. (I)' The Corporation shall make provision for such feserve' -and other specially RBcrn &a funds. "* denominated . funds as tbe State Govo~nment may fiom time to trme, direct.
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(2) The management of the funds referred to ii sub-section (I), the SU& to be traosfeaed from time lo time to the credit thereof and the application of money comprised therein shall ba determined by 'the Corporation.
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(3) None of the fuods referred to in sub-section (I) shall be utllired for any purpose other ,than ' that for which it was watituted without the previous approval of the State Government. . ,. - . , , - ,
25. (1) The Corporation shall have the authority to spaad such sums as k -al:lum thi& -fit for the purpwosauthorised uodsr this Act from out of thc general fvnd hmfm4 of tho Corporation &erred to in rstion PO or from tho ro!errc and other fund.
referred to in seetion 24, as the ease may be.
. (2j., without prejudi& to the generality of the power '~pnferred by sub-sectiou(i) the ,, ~orpoktion may . contribute sums. : as - it - thinks fit, towards expenditure inc* :or. to : be ' incurred by and local., :authoFim br. statutory public undertaking in the:perfo0~ce , . in relationto~any..of~.its.~dusW mthtes- or induslrial a m , of 'any,' .Gf:,@ii ,s tat?~tov f ~ n c t i ~ n s 'of.'such-, authority- or undertaking; including e-diw" incuirad in " the aquid tion of land. - , ,
(3) The Corporation shU have authoritJ to advance loam, with or withoat d t y or interest, to its employess.
THE bRISSA t NDUSTRI AL INFRASTRUCTURE DEVELUPMENT , , ?
. , ,. -.'CORPORATION ACT, I980 ; , , , i - ' . , .
[Qrisbs Act '1 of 19811 a : , , (Sees. 26-29) Budget a d 26. (:) The Corporatjon shall, by. such datc in each ycar as may b e prwcrib~d, p r o m e prepare aud ,submit:, to the State Government for ..approval an . annual banciai m'mk si;lrrmcni. and r he progtamo!c of wpfk Tor 1 h i succeeding finanoi: I year.
(2) The annual financial sti!ement shall show the ntimaredreceipls and expen&- turr during the succeeding financial year in buch form and detailed as may be pres- . , . cribed: . .
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(3) The Corporation shall be competent to make variations in thc programme of wcrk in the course of thc year protpided iba t all such variations and reappropria'tions put OE the sanctioned, budget are broqght to the ,notice of the State Government !?Y a supplementary financial , statement.' , . , ($1 A copy each of, t 1 1 ~ ennyal fioanckl staremcni and the programme . of work and the supslementary financial satement, if any, shall be placed before the State ~aghlahlre as soon as may be akcr their receipt by the State Govcrnment, A ~ u o t s 27. (1) The Corporation shall maintain books of accounts and other books in and relation to its business and transanctions in such form, and in such manner, as may be prescribed.
(2) The account5 of the Carpoiation shall be audited by an Auditor appointed by the State Government. [ * * * * * 1
(3) As soon as the accounts of the Corporation are auditcd, the Corporation shall send a copy thereof together with the copy of the report of the Auditor therebh to the State Government.
(4 The State Government shall cause -the accounts of the Co~poration together with the audit report thereon fomarded to it under sub-5ection (3) to be hid annually before the State Legislature.
Concuront 28. ( I ) Notwithstanding zhything contained in the last preceding section, the and spedal State Government may, by order, direct that there shall be concurrent audit by a d i Of such person as it thinks fil of the accounts of the Corporadon relatins to any accounts. particuIar lmnsadion or class or series OF transactions or to a pafijalar pe r
(2) When an order is made under suhection (1), the Corporation shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (I), such information as the said person may require lbr the p u w s e of audit.
APPLICABTLITY OF CERTAIN LAWS Applicarion 29, (1) 7 I e State Government may, by notification, provide that from such date a9 of is stated therein the Orissa Public Premises (Eviction of Unauthorised Occupa- Public Pre miss vb pants) Act, 1972, shall, subject to the provisions of sub-section (21, apply to the ~ o n ) &, premises, belonging to, vc~tiog in, or lored by the Corporation.
1972, lo COP poration (2) On- .a 'notification being issued under sub-section (I), the aforesaid Act OrIssa Acl premises and the r u l ~ h d e thereunder sbaU appiy ta premises of the Cclrporation with 70f 1- the following modifications, namely:- ,
(a) the State Government shall appqint an officer of the Corporation who . is holding .or has. held office whether under he Government or the Corporation, which in the opinion of the Stale Government is iot lower in .rank than tbat of a. Deputy Collector . or an Assistant Engineer.
' to be the Estate O6cer for the:. purpose+ '-of the , a f o r e d Act and onr or hore officers may, be , app'oinled as :'Estate Omcers for different areas or for tho same areas; ' , , , . . 1 . Omitted by the O ~ S R . Act' 4 of 1995 -3. 2 , [Orissa' Act 1 ' o r . 198 I ] ' (b)-)-~nrenct to 'public premircs3'-in that ~ $ a ~ d t h q r c ~ u l c r ~ ~ ~ d l - b ~ d e c m s d , , , , t o . be reference, to predi+es of the Codorations and taTcrences to "the State Govcrment" in sections 6, 12 and 15 thereof, shall be deemed . to be references to the C~rpora~ioii.
Non-appliabil ity of -30.- (1) 'The Orissa House Rent Corkto1 Act, 1967 shall not applye- MP.
(a) to any premises belonging to or vesting in the Corporation undcr or for Lbe purposes of this AcC . . . ) , ' - . . . . .
. (b) 2; against the. Corporati& to cloy tenancies or 11kc reIatjonship'.creat~datd by the Corporation in respect of any prcmiscs; but ,shalI apply to any premises let to thc Corioration. . . .
-. .- (2) The provisions of the Orissa Town PIaming and ~mprbvement , ~ r u & Act, '- ,.:.-, . - !
. I . .
1956 shaU not apply to the prerriiscs belongink td- or vested ih the Corpofatibn ,. *. - '. * " - or to any industrial estate for a period of ten years f r p the, date of cmjmknccment ~ ~ ~ 1 $ ~ , . . . .
.of this Act. . . . , . . .. . ,
(3) The S h t e , Government ' may, '.by noti6catiq11, ' exempt any suil1' premises or ' ' - ..
-, -, m .
,estate as aforesaid from any of the provisions of the Onssa. Municipal Act, 1950 0-- A*- !
for such Rriod, not exceeding ten ye~, as may be speciqed in thc notification. .I lPK).
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CHAPTER VL . ACQUISITION AND DISPOSAL OF LAND . .
, . . . .
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Acquieitioa J ~ . ( I ) whenever any land is rcqu~rcd by iho Corporation for any purpose in of b n d . furtherance of thk objects. of this Act, but: thc Corporation , is unabIe lo acquire it by agreement, the. State Government may, upon an application of the-Corporatioh that behalf, order proceedings to bc taktn. under the land Acquisition Act, 1 of 1894.
1894 for aquiring the same on behalf of thc Corpomtion as i f such lands werc needed for a pubIic purpose within : the meaning' of that Act.
(2) The amount of compensation awarded a d ' a11 otlier cbafges incurred i, fhe acquisilion of any sueh land shall 61: forthwith paid by . the .Corporation and thereupon, the Iand shall vest in the Corpo~ation.
W e r of . , 32. (I) For the iurtherancc 'of the objects df this Act, tllc ~ t a t o . ~ o v e r n m e n ~ Governmeat lands to ---may, upon suci , , conditions as ,mqr bc agrcd upon behveen the Government and corporation. the Corporation, pIaco at the disposal of thc Corporation any land vested inthe Sbte Government. , . , .
(2) After any such land had bccn developed by or under the &trol a d supervision of the Corporation it shall be dealt ~vilh by thc Corporation in accordan@ with thc regulations madc undcr this Act and thc d i i~ t ions given by the S~atc . . Government in that, behalf. ' .
Dlspodof 33. ( I ) Subjcct Lo any directions given by the Statc Governmenr the corporatioh ptpi&:!:na may disposc . of:-
(a) any Iand acquircd by thc Statc Govcrnment and trinsferrcd to i t , without , ,undertaking or carrying out any de~eloprnentthere~u; or i - (b) any such ,. land al'ter un~ertaking or carrying out such , devklopment is it thinks 61, ' . .
'c such pe&on in suc11 harmer and subject to such iennn and ' mnditioas, as 4 com'ders expedient for securing the purposcs of this Act.
(2) Tha poweis of, the Corporation with rcspe'ct to the disposkl hf land.un&r , , mb-sectioa- (1) shall be bo exercihed, as to, sccurc, so Iar as practicable, tha+_,
(a) whepc ' the ~o ipo ra t ion prb'poses , t o aspose of by.sale any sueh hn# which i s surpllls tn its rcquiremept, thecorporation 'shall offer'the Iadd ., i~ tlie3sst instance .., t o . .) , the persons from -1vhom'it was a,qcqdred,, if they ! .: I . : , . . .. . - . dwird to pkqhhie ~ t , subject 10 ,such rcqairemqti a s 'to. its developmeqt - . , . . , . Gd!: -uso as.thtbe Cop,amtion,may ihink'fit mhpsk;,. . , : -.. .
, , r - . , , . ,,... ,. . , . . * , . . ... .. .-., .,.. I . . . * 0 . :, - - , I - : ! - 4 : :,!.a:. :,:j , j ! -,>:; .:: :, 7 , f ! i . ,:-, . - T h 6 O R h A INDUS'CRIfiL INFRASTRUCTURE DBVELQPMHNT CORPORATION ALT; 1981 [Orissa Act 1 of 19811
(b) parsons who are raiding or carrying on busmess or other activitieson . ' . . any - s o & land shall, - if they desire to obtain accommodation on Iand belonging to tho Cr;rporation and are willing to comply with any ieauirements or the Corporation as to its developmtnt and use have an opportunity to obtain there on accommodation suitable to their reasonable requiremenu on ;erms settled with due. regard to the price at which any such land has been acquired from tbem.
. .
(3) ~ o f h i n g in this Act shill be construed as inabliog Lhc ~ o i p r a r i o i o dispose of land by way of gifr, but subject as aforesaid, reference in this Act, to the dispoq~l of ,land, shall be construed as reference to the disposaI thereof in any jmanner' whethb %y way OF sale, mortgage, exchange or lease or by the creation, of any easement, right or privilege or othemise.
AqubItion - 34.-(1) Witha.view toascertaining whether any plot allotted in anindustrial . of unutilircd area .developed by the Corporation has been utilised for industrial purposes or not, nuplurlaod the Board shall carry out sk-monthly, riview as'. to how much nnutilisd +reaVof sw' each plot is capable of subdivision and whether the unutilised area a n beutilided alIogrne~t b for any other purpose under this Act after subdivision, end shalllissue_nctice to other the plot holders in ' the . industrial: a m calling upon- them to e p i s h to it ,relevant ' :d~uiam hformauon in , tho prescribed form and when so called upon each plot holders shag . be bound to furnish true and correct information required within one month from the datc of receipt of such notice by him.
(2) For the purpose of enabling the Board to deterinine -whether there is any unutilised portion of any plot in the industrial area and whether such portion is apablei of subdivision so as to make it usefuI for any other purpose under this Act after subdivision, it shall be Iawfull for any officer of the Corporation; +tfier generally or specially authorised by the - Board- in this behalf,, and for his-se~vanm and w o r h s n at all resonable hour*
(i) to enter upon and survey the plot;
, (ii) to set out the boundaries of the utilised portion of the plots; and
(iii) to do all otller acts necessary .for the purposes aforesaid.
(3) If the Board is satisfied ihat any plot hode~ has notutilised the maximum a r k of his plot suitable for, construction or buidings Tor a period of there lyqs or more from the date on which possession of the plot was delivered to him by the Boiird and- the utilised portion, is wpabIe of subdivision so as to make ~t usefhl, far any other purpose under this Act, the Board may, not withstanding anything antained in any contracl or in any law Tor the time being in force, issue to the plot. .holder -and all o thcr persons interested in the plot notice to show cause why such unutilised . portion should not be acquired for the purpose of being utilised for any other purpose under this Act. The Board shall also cause public notice to be given in the manner laid down in section 46. .
(4) When - any such notice is issued, the Board shall give a rksonablc ..
opportunity of being heard LO the plot holder and other persons interested in Ihe glot and it . shall be open to the plot holder or any other person interested in Ihe plot, to appear and object to such resumption on theiground thal the unutilised portion is required by the plot holder himself for the purpose,of immediate expansion of his own industry and that he has already taken e f f d v e steps for, utilising such portion. . . . . .
(S),If-afrer giving a reasonable opporlunit y of berig h&d, rhe Board' is' satisfied -1Iiat-iihe holder of t - h ~ plot has failed to. ulilis~: .or is.noI likely . tb utilisd . tbe_uiiutiIised ,portioi~ for 'ndustrial purposes within a reasonable . . eriod, and such unutilised -poition en be used for any other purpose ~.qder this lct,-:the Board mayinotwith- ,standiiig anything b n ~ i n e d in any cont~act or In any law. for t h e t i m ~ being in force, 'for,the.,puiposi 6f enabling the. Corporation to properly dischaigk its functions or ; Bfi~moti'ng-iipid growh and,dkvelo+ment or industries under this Act,pn; such unutilised prtion, resume the'unutilised portion of'the land by' 'giviig a riotice to the holder THtl OR~SSA. IRDUWF~I~L I N F R A , S T R ~ ; ~ U R ~ ~~Vk~bp&&r '. ' ' ' CORPOR~TION ACT, 1980 [Orissa Act 1 of 19811 bf fhe#lot. OD and fraii the dare of iuch irbti* f h i .&lit&sed &hibii .bf lapd spcci6ed in the - no tide , shall vest absofutdy: in the' - Corpaiktion, free from & ~cncumbrsnces.
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(6) Where any land is vested in the Corporaion -under the lust preceding subs&tiobi the Board m y , by noti& in writing, o d e iny pmon fihu 'may ba in possession of the land to surrender of deliver possession thereof to the Board or any ~ r s o n duly authorised by it in this hhalf within thlfly ' &ys of the ;', ,' , ,, :', j a~ i ce ,o f the ~o~IE. ' . , ( - , .'I
(7) If any person rebnes or faibto Amply with an order aa& udder lfle faat p w n g sub-section, the Board way take posession of the Land, and rnd'for the the pmpose w such force as lnay be nec&ary. '
(8) Wherc any I d is resumed by tk Board undqr this *ion the Corporalion shall , p y &i such rksui~~fiirh an not cxcieding,the proportionate amount or.prbmiu,m paid tiy the plot holder or his pr+.eassorin-t@le claiming under the Corpoetiqn ,ia respect Qf the land so .resum@,,withintemt thereon at six psr &nt per; am' - poitt the date of paybeat of the premium, and where the h e : h a ieiital 1e&e tEe amount to be a w d e d s h l l not excg~d &a haunt a u a l to thrk times the net average yearly proportionate rent payable by the pIot holder to the Corpotitiqn in fesp&t of the, laha sd res'umtd.
SUPPLEMENTARY AND M I S C E L ~ N E ~ Z ~ S ' P~OV~SIONS power of t b ~ 35. (1): Tf the Forpomian, hftet holdiug a local, enq&ii , or ujiou reiott' ' froh arporation any of its oacers or other information in its poss&Bdn, i b satisfied that -the owner of Cam Of any laftd in an jndatrid area am failed to provicle any amenity ik ielhijon to the, land certain ddaults by which in the op~nion of thc Corporht~on ought to be provided or to carry out any devclop ~ w m of ment 0 f . h land tor which prmission has been obtaioed under this Act, the Catpara- - , , , ' h a t tion may serve upon the owner a nolice requiring'hiiii to1 pto%d&. the axhe* or . carj , , , ustnal out tbe develop~eut wbhln a reasonable time tb- be spkifitd,in.the noti&; ax=. , . '
(2) IF any such amemy is not prr iad . ol: any su&. deidopmebe is noi cstned .out wit hln, the time- specified LO the noticc; the Coipokr;ion ' may itselt provide the 4menility or carry out the develoyment or have it provided or carded out thloUgh such agency as it deems fit:
. Pravided that, before takiag any aktion under this mb:sectiori, the Corporadoh sW a o r d reasonable oppqrhrnity to the owner 6f rhe land ro show cause as to why @ch actrofi should not be kken..
(3 AU, expenses i ~ c u r r a by the Go'rpok tion or the aghcy employed by it in providmg the ammi& or mrying. out the devaopment togethe? with interest, af SUCH' dte &.the Siate- Government yay-byiy.order, fix , from th'edate which a d 4 d fo'f ttii'ex;
pens= ,is made until piymmt shslI be rhve-ble by tEe Corpbratton ' frok the, owner. , . .
Order of 36; ( I ) Where th@ e*tion of my budding in an industrial estate ur hdustrial area has I demolition .beeni commenced or i s being arried on, or has,been complete&.or ally .existing bliilding is - 0 f k[ld~f4 altered, in contravention of the terms on which such bnl1ding.o~ the h d on, whiall:it stands is held or granted under this Act, any officer of the Corporation cmpowerta bp-it in this behalf may, in addition to any prosecution that Gay ,be instituted under this Act.
inake b dider &&- tfiit iu'ch: e k d t i h i h d bq&ijjblishtdd by &6 awe? , mereof ulitfiih,sdch. &+ibd!no'kexcedidg-Wo 'fiont& a s h y tie s@iW iil ihe'oae?; a d dn the failure of the owner to comply with ,the order, the oBcer.may himself a ~ e . t n e ~ e r e a tion- to be d'emoliskkd : and expenits of SIX& d' holitiuii shall $5 $eco~er~'b:~t by the Gorporphh: fmrn%e owner: - . , . .
, - , .
: . . . . . . ;, - , , I. - .
I .
-;.: -,pibVu& &t db-subh:oakr & l ~ i b y&&. unfe$$tfie&nFrw hd-giv&i& ieB\j& . , ruble opportunity to show -use why the order shour6'1iot 6d d 6 i .
, (2) Any. ,person,, ~ g g r i e y a by as ,order made under suF-section (I) may prorer an : appeal &&st' that bider. widin, t h ~ m : days 1 o m the " date thereor LO -the Executive ' Codamittee 'of the Corpodtiou. .' Such Committee' hay after h'earing -the parties to the appeaI eithcr allow or dismiss the a-l or reverse vary any part or the order.
- . (3)-The decision' .of the Coimittek on the appeal and subject onlj tb such decis~on . the. -order,- made by,the -.officer undet sub-section (1) shall be find. .
, , - ' 37. (1) W h e ~ the erenion of &y building in an ind"rtria1 estate or indusvial a& Wp bdd- has been cummend, or is being cahied on or any existing building is altered, in bn- Om- trayention 01 the tenus on which such building qr,thc land on which i t srands is hdd dam.
:or! grantd under this Act any officer 'uI,~ he - Coipor-uon empowered in this bahalf may, .in, addition to any prosecution that may be inktitukd under in this A d make an order requinog the building operations in relation to such erection' to be discontinued on and frarn the date or the servrce of the order.
.,{ . . Q Wherr, such building operatiins rfe nol d i s & n ~ u @ pupuance of thl yu i s i - -don under sub-section (IT, the Corgoration 'or $6 officer empowered as aioremd may rqU& any poli&- officer'to remove the penon by '?horn the eredon of the budding h?
been mqenced. and all,his assistants and workmen from the Glace of the buiIding wdun dlch time as may, be speci6e.d in, the requisiticn and such. ' policc ; o f i ~ r shall-qrnply with :the, r e q ~ i s i ~ i o n ~ . : a ~ ~ i n g l y , . . , * , - .- . I .
: (3) A h r e r ~ uisi~ion under sub-section (2) has been complied with, ihc 7 poration or the o cer smpowered as aforesaid Tiiay d@ute by a writ~en order a *lice officer or an offier or emgloyee o! the Corporation to watch the placc in order ro ensure that the erection of the building is not i con~isued.
(41 Any peeon failing to comply wjth an ,order made under suksection (I) shall on convictiori, be'punishablc with fin'e'which may extend t o two hundiesmpees Fol every .day during,which such pon-ccrmpliancc continues $er the service of the order. : . . . .. . .. . .
' , . (5) NS kmpenstibn .shnl l 'bc &able ta any person for my damage ar lass which . '. . - ' - - >.
:he m a y sustain in wnsequcnce of4 any. order made; ,under this section: ' - , , - . . . ?. _- . . . .
P&@ for . ' 38. (1) Any person whp, whether at his own iosbnca or at thc instance of any other . . ..
w o n .pergon;undert+es or carries out .gnstruction of or alterations to any building in an indu- . 7 .. .- grzi atrial es@& or industrial area contrary to the terms under which he holds such building or ' - _ ' . , - ' , .,. _ b d d ~ m land under this Act, shall, on conviction, be punishable with be which may extend to muaq to ten thousand rupees and in the case 01 a continning antravcotion, with a further h a yhich may extend to two .hundred rupces for every day during which such offence canlmldins. tinues , after conviction for tbb fmt commission of the - offcoce.
(2) Any person who uses any Iand or building in ao industrial estate o r industrial area contrary to the terms under which he holds such land or buiIding under tbis Act or tn contravention of the provisions of any regulations made in this behalf shall, on cbnvie tion, be punishable with fine w'hich may extend to fivc thous,and' rupees.
. . : 39, (13- Within any #area taken up for dovclopmeat uqdcr paragraph (b) of clause @i);6fF,ictios 14, gnd fbr the purposes ot (a) mrrying gas, water or efectricity Irom a 50119 ofisupply to, or (6) const!udng any s.wee or drains necessary for carrying off th?, workings apd,wvte liquids of an industrial - proceess' through any .intwvening area the Board or any person empowered in this behalf by t h e State Governmet by potification, -(hereigafter in this section referred to 'as "the authorised ,personm') - may lay -.: - - , . . .%.
dowqplace!, maintain alter, removc or repair any pipes, pipelines; conduits, supply or , - , . ' : ' s i ~ i c e lines, posts.or other appliances or app-hls in, on, under, , . over, 'along or:abosS ' "' ' ' ' any, ,land in such' areas. , -. , . . ,. , .. - , , - - . . . , , . .
. ' I ' .
. ;,,:- ' , ( ~ ' . T h e ~ o k r d ,,, or t h i a u t h ~ r i k d ~ i & n lnpyar any,timoenkr,i~~Pny land inany s ~ , e k ~ ! - ,w'*d .A . .in . such ._ event- , the:provisiop ., . of section 40, s.hal A, mutafi4, m,u!andis, apply:
, . . -, ' ,-, , - , , , m - , ' , > ' a , - , - . , : . - : . -"2'" . (3) ' - d ~ e ex&iidg .th'e'*powdr coiferred pupsedjon (I) the BO*, oi the gutho+ fed person shall d s e l ' a s Iitde damage as possibIe to proptitfand Cimpensation for-any damage sustained by them in comcquence of the exerciso of such power as aforesaid ?pall $paid to .all e q n s iptkyted by: the ,Qlpoqgon, 9 in 1 h e . a ~ ~ .of,lhb. ~autharised . , p&i~; Iiy' b e ' -State. . . Y ..__ G,owmm+f+. ,:- ;, . . : 1 ,, :, L : :. .... : ,::. : - :::,,, .: -. . ( < . :.. . ::t .. !* T I E ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION ACT, 1980 [Orissa Act 1 of 1981 J
(4) Nothing herein shall suthorise or empowcr the Corporation or the authorised person to lay down or pIacc any pipe or other works rnto, through or against any buiIding or in any land not dedicated to pubIic use without the conscnt of the owners and occupiers thereof, except that thc Corporation or such person may at any timo enter upon and lay or place any new pipe in tho pIace of an existhg pipc in av land whereill any pipe has been already lawfully laid down or placcd in pursuance of t h ~ s Act, and may repar or altcr any plpe so laid down :
Provided that, nothing in lhe aforesaid provision shall be mnstmed to mean that the Co'rporation or other person is forbidden from having the said land acquired at any time by tho Statc Government in thc normal course.
Powera of 40. Any Officer of the Statc Government, any Director of the Board, and any person enw. eithcr generally or specially authorised by the Board in this behalf, may enter into or upon any land or building with or without assistancc: or workmen for the purpose or- . . (a) making any inspection, survey, measurement, valuation or enqulry or taki~g levels of such land or building ;
( b ) examining works undel constmclion and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
, - (d) scttiog out boundaricb and intended lines of work; -
(e) marking such levels, boundaries and lines by placing marks and cutting t reuches;
V) doing any other thing necessary for the eficient administration ofthis Act:
Provided that- ( i ) nosuch entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to tho occupier, or if there bc no occupier, to the owner of the land or building ;
(ii) dticient opportunity shall in every instance be given to enable women, if any, to with oca w from such land or building ; and
(iii) due regard ski1 always be had, so far as may be compatible with the exegencies of the purpo be for wbich the entry is made, to the social and religious us ages of . thc accupaots of the land or building entered.
mcere of 41. The State Government may, by notification, nominate any officcr of the Cort thecorpora. pration to bc a ~ntrouer or licensing authority undcr any law for the timc being in tion may be vested w,h force rclkting lo the procurement or distribution of any commodity in respect of the otbcr industrial undefiakies established or b bc established in industrial estates or induslrial powers. areas entrusted to or devrlopcd by the Corporation and no such nomination sbdl be called into qumtion merely on lhe groundrhat such officcr is not an officer of the State Govern- . ment.
Oqcrridiag 42. Notwithstanding anything cantaincd in any other law, or in any licence or permit wwam or if the State Government is satisfied either on a recommendation made in this behalf by Goriaorncnt th,: Board or otherwise, that thc setting up 01' an industria1 underaking, whether within to hsue dirtci~onstD an industrial area or outside, is impeded by a local authority's refusal to grant, or by 1-1 such auihorily's' , insistence on conditions which the Statc Govamment considers unauthor1t[ts. reasonable for the grant of, 'any amenib, the State Government may direct the I& authority to grant the said amenity on such conditions as the Stata Goverment majl consider 61, and thereupon the amenity shall be granted:
Provided that the charge to be paid for granting or continuing such amenity to t h e low1 authority conacned shall not be less than the cost incurred by the IocaI authority ,,r licensee concerned for providing such amenity:
provided futher that, no such ,direction shall be made by the State Government without giving the local authority a reasonabie opportunity to show cause why any su& direction should not be made.
14 - ... , , . . , m 8 T& OR ~SSA INDUSTRIAL 'INFRASTRUCTURE DEVELOPMENT .CORPURATION ACT. 1980 ' " ' [ Orissa Re1 i' or 1981 ] (Secs.; 43-45) Rmtricdon . 43. I i any person or Company applies to -the Collector or any other competent O n 'authority for lcase df, Goveroment land or for permission to convert agricultural land pcrmisslon in - a ~ o i n i n s into non~gricultural usc for setting up of an industrial undertaking or for locating a arm i~ brick klin, quarry or for an) other use which may be detriment~l l o the orderlb growth certain,c&s. of Ln industrial area or industrial estate and if such Government land or agricuILura1 land is situated within' a iedius of five kilomeires of the outerboundary of the said indu- .strial area or estate, the Coliecmr or the competent authority shaI1 not grant such lease or permission without prior consultation with the Board :
. . ' ' ' prbvidcd that - where the ' Cdlid~t?r a i tho canipstint authority overrides the o b j a tion of [he Bogrd, he will give, reasons therefore in writing to the Board; whereupon the Board may appeal to Lhc prescribed ' authority:
, . Provided furher that no 'action shall be faken on the order of the Collector or the ., , competent authority till such appeal is disposed of:...'' : .
r : ' ,, , . ,. . . ' _ .
Pro~idcd also thal the provisions of this section sha I1 riot apply to any village industry.
kttagk::industry or tiny sector ' , industry. - 'I I , I . . ,o ' !
, 8 I .: . , . , Erplanatirm-For the putposa of this section- ' . j r ' , , , .
. . . , t i ) the expressions "v!llage industry" and . "cottage industry" shaU have the same Orha kL mcaning as assigned to them undcr the Orissa State-aid to Industsies Act, 32 of 1978.
- . . , , 1978; . .
. . , , I .. I (ii)'?'tiriyiector industry"shaU&an~~ch ikdusti$,asmay'be'declared,by th" State Government, from time to time, to be i, tiny sector indudry.
.. . ! . ' . , , ,, ' I ' , , . , , , m 8 . - , r .
, , , Becutivc ' 44. ti) Them shall be an ~iecutive committee which s h d consist of- Committee. , , . . . ;
the Chairmzn of Lhc Board of Director;. . .
I , , ' 8 , . . . tb) the Managing Direc'tor oolthe Corporation ; and . I . (c) three, othg mmbers elected by the Board from among the Directors of whom .: , a : . , !, , I!'.
,at , loast .onc,shall bc 8 Director nominated under, Claue ' (x i i ) of Sub-section , (2) ' of Secion 4: I . I , i . 1 . I ' .
- , , . ' I _ ' , I .
' . (2) :?he ~ b ~ r m a n , o,f the Board shall preside over the. )meetings of the Committee and the busjqss of the .Committee shall be ccducted in such manncr as may be provided in tho Regulations madc under this Act.
.. , . , J , , . ,, ' 8 . ' 1 L .
. . , . , .
,. . . (3)' Thc committee shalI render all .such' assistance io the. Board as it may &q&re i r ~ m time to time,qd shall 2erfocm such other functions as are assigned to it by or I .> , ,: , . . ,under this Act. , , , .
, , , , . .I: . , I S V i ~ ~ m o f * l * ; ; ' 45 . (1) All noti=er,'brdeq a d othir dd&&Pt r{$ujkd;by this ~ c t : ~ r a & rvls or g!'.. keguIation dade theidunder 'to b& seried u$ohl anj Pirsoo shall, savc as &thewise providld in this Act or such rule or gregulation, be deemed to be duly semedll" ' ,;, , (a) whom thc person to be scrved is a +pany, iF the serviks'ii'e~ceted in acca-Iof19ra , , , . ! , . , : dance with i the provisions"~~ secion 51 of the Companies Ad , 1956:
I , , . : 1 , . . , _ . L , - , , . ! , , : , , I ' ' "' (h) $here 'thcperron 6 b served, jr a,, . firm, if the documont : l :ad&eassd to Lho ' . . , , . ( , , , . , firm at its principal plaq,of businks, indentifying ib by thc namc or style under , , ,: . ' .which its bugncss is on, and, is either- . , . ... ... . , ",, . ., : , (i) ,sent 'by . regi5tefed r o r ' " ' I " . 'J" ' ; ' - .! , ,,I 1 , . , , . . ' . I I , I 0 ( i i) lcft at 'thc , said ph=e of'd;usiness ; . , , ' - , , :l:'*,!,i , . . . . (c) where thepkrson (0 b= servcdm)if'a slat?ofi,qub;lic body dr, a: idrpotation or : i : : ! . socich or other body, i f the ~ocuben!, isaddressc* to tho sec~ebry, trasurer or other chief exccu'tiv~~"offikir df that body, corporation or society at it;
. , . , , , . , , , : . , I . , , , t principal , . ,;,: offrco, , and is.; eirher-. . . , , 1 . , I , , ;(:; , , . a . ,, . ) ~ i * ~ f , i ~ , , , , . I : .. -;I , :,; ( i)~entby"re~istt 'red'~ost;or , . ; ) J , f , . . - , .,,: . , . j , i ! r , , . .. . ; . , ,
(ii) left at that office ;
' ' ' THE-ORISS&, , , :TNDUSTRI L .- INFRASTRUC~IURE ~~EVELOPMENT CORP~~RATION ACT, 1980 :I (Secs. 45-49) , , .(d) in anyothor cesc, if t h ~ document is addressed to the person to bc,served nnd- ( i ) is given o;r tehdered to him ; or , (ii) if such pcr on cannot bo found, is amxed .on some,con:pjcuous part of . - , his last known placo of ruidence or b~sincss or is given or tendeicd to . . ., some, adult mcmbcr of his, ramily or is axed on somc cunspicuous part of the land or buiIding to ,which iL relates ; or , , , ' , I . , , , 8 I . . I,, .-.I, . . . (ic) is ,sent by registered post to that pcqson.
(2') Any documcit which isr reQuired or authdrjsed to be svired on tho oworr or ' , ' 'occupier of any-land'or building whosc namr is not'known, m;ry be addressed to "the owner" or "the occupier," as the case may be, of that Iand or building (naming that.
: land or building) without furrher name of doscription, apd shall be -deemed to be duly . - :: . served- , . , - # , , , .
, .
, . ' . ' ' (h) , i f the documc& sb addressed is ient or delivered ik accordance 'with Clause ,-,@I of s~b-sec$o,n, : (11, ; or l , . r . (b) if the ' document so' :addressed dr a COPY thereof so addreiied, is g i~cn . ' or' 'tendered 'to some person on' the land or building who appears to be ' ' ' ,5cc'ilpy1ng,'the same or, ihcre there is -no such person on the land or building to whom i t can be dclkvcrcd, is affixed ro some knspicuous ' , , I , i , , ,part, of the land or building . ,
(3) Where a document is s e ~ d on Lhe firm in accordance with this section , , the doument .shall be deemed to be s e n d on cach partner. , . , , . I ' . , , , , , , , . . . r n L . I , , .. .. . . s . , :'.: (4) For the purpose of enabling any document to be sewed on the owner of any property, tbe occupier, if any of the property may #be required by notice in writing by ..ltho State ,Governrncnt or the Corporation,,as the case may be, to , stab the ,namep and address of the owner thereof;.
j , 1 . , r , . . . , . , Public notrees how
46. Emry public noticc given under this Act,, ar any rule or ryulation to bemale made thereunder sball be in writing over thc sigaature of the oKcer codcern~d and hewn. !shall be1 rwiduly madev,known .rn - the locality to 4 be affdcted thcrcby by &fixrug copies , , # : 3 theraf in c o n s ~ i c ~ o ~ s ' pu b11c places, within the saiii local!ty, or by publishng the !;. samz by bwt ,of drum or ;by adycrtisarncnt ;in a locallhewspaper, or by any two or more of those m,ean>, and by any other< mMns that thc officer may think fir , Noliws, etc, 47.. Where any nolice, order ,,or other document issued or madc undor this AcL 0 f i ' or ,any:. rule or ]'regulation made [hereunder, requires anything to be ..done for the reOsOnhblc doing <.of, ,w;!icl~ n o time is fixed in this Act or the . rule or rcgul+tio~, tho notice, tl,..es. ; , ' I , r , . . , , :, , , ,,*ider, or ,other: document sh$ specify a reasonable perloci of time fdr doing the >ame or compIying thercw~th. . . . , . . . : , ! ' ' . . , Furnishins ; , 48,. (1) The . Board ;shall furnish Lo the State Government returns, statistics 0faium8; report?, aeoaunLa, qnd , other, i n f ~ r m a l ~ ~ ~ with such rcspecr to i ts tonduct of affairs,- elc. . # , , rapert ties or activities ,,or: in regard to ;any proposed work or scheme as the Statc:
Government, may, from time to time, requlre. . . , .
, 8 , I ' 1 - . , * , , - 1 , - : ; .!,',;,,,:.':;l,, , .
. .-, I ~ I , , : (2),The ~ o a r d .sh'allJ in ad'dir ionm to,~.the audit report refwed to th&Section 27, furnish Lo the State Govcrnment an a ~ r l d l report of its working 'as soon as may be aRer thc end of .ach financial ycar in such fo1 rn and with ,such details as may . , : , . be p?cscribed;' and . a copy of the aunual ieport.shall be placed before the: State . , .
, , , . ' Legislature, as soon as! ' may be, affter it is received by [he State Goyqirmeot. , . , , , I :I., ,. -.. : , , I I , .
' , - ' ' I . . . rrank.ar'or 49. ~ $ 2 St& Gbvkinmcnt nihy b y nokfi&n ' hnd subject. to such tenas and existing arms estatca conditions as may be specified thercin, pbceany industrial area or industrral estate and ro th? ,.:, ,established prior to .the' datol of commencement 'of this Acl under the management Corpomtlon., a d control -of the Corpolation, and thereupo6,- the . provisions of ,this Act shall ,:. i . i. appl$ to such[ indusrrial area and industrial eslale, as if, the industria1 area were declared u d Lhe industrid estetc were established undcr this act. .' - . ' TtiBORISSA,INDBSTmLINFKASTRUCTURB DEVELOPMENT CORPORATION ACT, lD8O [ Otissa Act I of 1981 j (Sea. 50--55) Withdrawal 50. Where the Statc Government is satisried that with rcspcct to any particular or area o r , , , industrial estate or industrial area, or any part thereof, the purbose For which the Or ' Corporation was established under this Act has been substan~idy achreved sa as to part thereoF, render the continued existence of such estate or a m oi, part thereof under the Corportion unnecessary, tbe State Government mayh, by n~tifjcatiun, dechre that such indus~jal estatc or industrid area or part thckeof has been removed from the juiisdiction of the Corporation, The State Government may alsomake such other incidental arrangements for the administration oFsuch estate or arm or part thereof as the circumstances require.
Default in 51. (1) Lf the State Govohcat is satisfied that the Board has made a default p~rformenec in performing of any duty or obligation imposed or cast on it by or under ~ ~ * y ' y # - thisAct,the Slate Governmentmayfixaper~odforthe~erformaneeofthat duty or obligation and give notice to the Board accordingly.
. . - ,
(2) 1f In the opiniou of the State Government the Board fails or ' neglects to perform such duty or obligation withn the period so fixed for its pezioimance, it shall bp lawful for the State Government to supersede and reconstitute theBoard.
(3) Aftex the supersession of the Board and until it is dnstituled in thc mamcr, laid down in Chapter LI, the powers, duties and functions of the Corporation under this Act shalt be carricd on by the State Gov~rnment or by such ofiimr or , , , .
' officers or body or onicers as the State Goveinrnent,may appoint for this purpose from t ime to time.
(4) All property vested in the Corporation shaIl, during the period of 2 .
supersession, . . vcsl in the State Government.
Disso~ur~on 52. (1) Where the Stale Government is safiskd that the'p~rposes for which af Cor~o- the ,Corporation was . established under. this Act have been substantially achieved 'ation. so8*as to .render the continued existence of thc Corporation in Ihe opinion of the . State Government unnecessary, it may, by notification, declare that the Corporntion shall be dissolved with cliect from such Jaw as -may by spif7ed ia the notification, and the Corporation shaU be deemcd to be drssolved accordingly,
(2)' Froin the' said d a t b :
, (a) all properties, funds aud dues whlch are vested in, or rcaIisablc by, the Corpora~ion shsll vest in br be realisable by the State Government.
(b) all liabilities which are enfombfe ageinst the Corporation shall be enforceable against the State Goverameot.
~ u t h o r i t ~ 53. Unlcss otherwise expressly provided,' no Court shall take cognisance of any or prme- offencc relating to any property belonging to, or vested by or under this Act in, ution. , thc Corporation, punishable under this Act, except- on the complaint of, or upon , information rewived from, the Board or somc person5 uauthorised by the Board by general or special order in this behalf. .... . , ' .
com~asl- 54. ( 1 ) The Board or aoy person authorised by the Board by general or special r rooo~ 1 1 . ordcr in thismbehaIf may, either before or after the institution of the proceediogs, ;= bY compound any offence punishable by or under this Ad . --- --
(2) Where an offence h b been compounded, the' offendel, if in custody, . shall be discharged apd no further proceedings sMl be taken adnst him iu respect , , . . . of thc offenco so compounded. , -
55. (lJ Whenever b n bffen& under this Act bes been solmittedby a company, ''enb6 by every parion,', who st the Limo thc offence was committed, was in charge of, or co~p;mler, was responsible to'the eompany, as )veil as the company shall be deemed to bc guilty of the offence and shall be liable to be proceeded against and punished - accordingly : , . . , , ' I I . , ' I prpvided that, m&ng contaiied in this rub-:allon shall under iny such person . hablc to any punishment under this Act iF he proves - that, the offence, - 1 . . . was committed without his knowledge and that he exercised all due , diljgence to prevent the, commission o f such offence. . ; I . .
THE ORISSA' INDUSTRLAL MFRASTKUWRE f DEVELOPMENT CORPORATION. ACT, 1 D80 [ flddsa. Act .I .or 1981..j t (S&~:,59-63) Powcrto . 59.(1)TheCorporationmay,wi~~thk'previousapporo.val of the State Goyern- - m&t. make regulations ,mnsisteint , with this Act, and ,the Rules made thereunder, la t ions. to carry out the purposv of this Act, and Without prejudice to the generality of this .power, such fegulattoas may provide for- : m ,
(a) the time and place-of meetings,-of the bard and the proceduie to ba iollowed in rogard to the transaction of business at such mettin@;
(b) the conditions of appointment And seiviee a id the scales of pay of Ofificers and servants of the, Corporation, other than the Managing Director; , , . . .
(c) deployment of funds of the Corpor+tion and the officers of the Cowofation who may operate i ts accounts;
(4 the .terms under which the Corpofation may dispose of lands, buildings - and amenities; - a ' , . ! :;,.:'
. , : ' . , m . ' (a) the Additional tcr& and wnqitions subje.ct 'to which lands and b u i l d w in industrial estates and industrial areas.[may be held or used; , .:
.
(f) the conduct of bus'iness of the Executive ~o&mittae;
, - , . . , , , I . . ' ' (g) a& othcr - matter w ~ c k h i ' ;o bo or may be povided by regulations.
- 1 . .
'(2) All regulations mad& 'under this A ~ L shall, a& &on as may be, after they are made, be laid beforc the State LegisIature for a totat period of fourteen day9 which may be comprised in one or more s w a s and if during the said period the Sta,k Legislature makes rnodifiutions, if any, therein, tha regulations shall t h e d e r - ' have effect only in such modified form, so, howevcr that such modification ahall be without prejudia to the validity of cnything previously done under the regulatiom.
. -.
Protection '60. N& suit, prosecution or other legal shaIl lie against any pcrsonj o f d e n for anything which is in good faith done or inmded to be done under this taken In Act or any rule or regulation mado thereunder.
good raitb.
Direcbrs, 61. The Directors of the Board and the, oacers snd servants of the Corporati~n lSoflBdO O f i e ~ i s and shaU, when acting or purporting to act, in piusuance of any of the provisions Staff af this Act, be deemed to be public servants within the meaning of section 21 of the Corporatiup public Indian Penal Code.
scivahh.
EHea 01 - 62. The provision of this Acl, shall have effect notwithstanding anylhing in proViSiong in mnsisrent therewith wntained In any other law.( consistent with other l am Powas to 63. If any doubt or difficulty arises in givink'effect to' the provisions of this Act rcmm the State Government may, by order, make provision or give such direction not doubtsand inconsistent wi-th tha express provisions of this Act, ss may appear to it to be necessary diE6culties. expedient for the removal of the doubt or difficulty and the order of the State Government, in such cases, shall be final:
.:-Pioiided that,& such order shall be made or direction ;ha11 be given aft& the expiration- of a period of ' tyo years frdm %a date of commencament of this Act.
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. . ., : , , , :, I ' , I : ' L: I . . .
. -.[ 1 . ' , 1; ' I . , I , . , , . , .. .
m E O R ~ ~ ~ N D U S T R I . ~ . L LWBASTRUCrURE DEVELI)P:MENT CORPORAT~ON .
(AMENDMENT) ACT, 1994 , [Received the assent of the Governor on the 3rd Feb~uaty 1995, 6r;t published in aQ extraordinary issueof the OrisSo Gazelle, dated the 17th February 1995. J t h ACT M AMEND THR ORISGA INDUSTRIAL INFRASTRUCTURE DaVBGOPMBNT CCRPORAT~O?I Am, 1gfl0.
BE it anacted by the Legislature of tho Ststc of Orlrra in the Forty-fifth Y ~ F a1 the Rlpublie of India, as follows:- ' Shmt tltlc. ' 1. This Act may bc csllcd the Orissa Industrial Infcastructure Development Corporation (Amendment) Act, 1994. .
Ama& 2 In. the Orim Iaduptrial ~nfnstnloturC ~ ~ v a l o ~ r n e a t Corporation Act, 19t0, in oriw Ad of sub-sect@ (2) of sstion 27, the comma and. words " in consultation wlth tho lofissl.
Complmllcr and Audito~Oenerral of 1ndia'"shlll be omltted.
1981OR1.pdf 1995OR4.pdf