(1) (a) Any officer of the Corporation empowered by it in his behalf (hereinafter in this section referred to as "the empowered officer"), may, within any area taken up for development under section 13 and section 14, and
(b) any person empowered in this behalf by the State Government by notification (hereinafter in this section referred to as "the authorised person"), may, for the purposes of—
(i) carrying gas, water or electricity from a source of supply to the area referred to in clause (a), or
(ii) constructing any sewers or drains necessary for carrying off the working and waste liquids of an industrial process through any intervening area, lay down, place maintain, alter, remove or repair any pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such areas.
(2) The empowered' officer or the authorised person may at any time enter upon any land in any such area, and in such even the provisions of section 44 shall mutatis mutandis apply.
' (3) 'While exercising the power conferred by sub-section (1), the eitipoWered officer or the authorised person shall, where the land affected is a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such property.
[ (4) Full Compensation to all persons, to whom damage has been caused in consequence of the exercise of the power conferred under sub-section (1) shall be paid,—
(i) where such power is exercised by the empowered officer, by the.Corporation, or
(ii) where such power is exrcised by the authorised person, by the State dovemment.
(5) Nothing in this section shall authorise or empower any officer or person referred to in sub-section (2) to lay down or place any pipe or other works into, through or against any building or any land, not dedicated to public use, without the consent of the owners and occupiers thereof, except that such officer or person may, at any time, enter upon and layer !Mate any new pipe in the place of an existing pipe in any land in vvhichlany pipe has been already lawfully Maid down or [ 128 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
XXV of 1974.)
(Chapter VII—Supplementary and miscellaneous provisions.—Section 44.)
placed in pursuance of this Act, and may repair or alter any pipe so laid down:
Provided that nothing in the aforesaid provision shall be construed to mean that the Corporation or the authorised person is debarred from having the said land acquired at any time by the State Government in the normal course.
CHAFFER VII Supplementary and miscellaneous provisions
44. Any officer of the State Government, any 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 assistants or workmen in any industrial estate or industrial area for the purpose of—
(a) making any inspection, survey, measurement, 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 lines of work;
(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 between 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;
sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;
(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages and customs of the occupants of the land or building entered.
Power of entry.
129 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
[West Ben. Act Officers of the Corporation may be vested with other powers.
Overriding powers of State Government to issue directions to local authorities.
Recovery of sums due to the Corporation as an-ears of land revenue.
Service of notices, etc.
(Chapter VII—Supplementary and miscellaneous provisions.—Sections 45-48.)
45. The State Government may, by notification, nominate any officer of the Corporation to be a controller or licensing authority, under any law for the time being in force, relating to the procurement or distribution of any commodity in respect of the industrial undertakings established or to be established in the industrial estates or industrial areas entrusted to or developed by the Corporation, and such nomination shall not be called into question merely on the ground that such officer is not an officer of the State Government.
46. Notwithstanding anything contained in any other law, or in any licence or permit, if the State Government is satisfied, either on a recommendation made in this behalf by the 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 refusal to grant, or by such authority's insistence on conditions which the State Government considers unreasonable for the grant of, any amenity, the State Government may direct the local authority to grant the said amenity, on such conditions as it may consider fit and thereupon the amenity shall be granted:
Provided 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:
Provided further that the charge for granting or continuing such amenity (which shall not be less than the cost incurred by the local authority or the licensee concerned for providing such amenity) shall be paid to such local authority.
47. All sums payable by any person to the Corporation or recoverable by it or under this Act shall, without prejudice to any other mode of recovery, be recoverable, on the application of the Corporation, as an arrear of land revenue.