(1) The State Government, after consultation with the Corporation in regard to matters concerning it, may, by notification, make rules to carry out the purposes of this Act:
Provided that consultation with the Corporation shall not be necessary on the first occasion of the making of rules under this section but the State Government shall take into consideration any suggestions which the Corporation may make in relation to the amendment of such rules after they are made.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the allowances and honoraria of the non-official members of the Corporation referred to in section 6;
(b) the conditions of appointment and service and the scales of pay of the Chief Executive Officer and the Chief Accounts Officer of the Corporation referred to in section12;
(c) the sums of money to be kept by the Corporation in current and deposit accounts under sub-section (2) of section 18;
(d) the conditions subject to which the Corporation niay borrow money under sub-section CO of section 20;
(e) 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 detail of such statement, referred to in section 24;
(f) the form and the manner of maintaining books of accounts and other books under section 25;
(g) the form and detail of the annual report to be furnished to the State Government under section 51;
(h) the fees which may be charged by the Corporation;
(i) any other matter which has to be, or may be, prescribed.
(3) All rules made under this section shall be laid for not less than thirty days before the Legislative Assembly as soon as possible after they are made, and shall be subject to such modification, if any, whether by way of repeal or amendment, as the Legislative Assembly Power to make rules.
135 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
[West Ben. Act Power of the Corporation to make regulations.
Protection of action taken in good faith.
(Chapter VB.—Supplementary and miscellaneous provisions.—Sections 60, 61.)
may make during the session in which they are so laid, or the session immediately following and if the Legislative Assembly makes any modification in the rule by way of amendment or repeal, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or repeal shall be without prejudice to the validity of anything previously done under that rule.
60. The Corporation may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act and without prejudice to the generality of this power, such regulations may provide for—
(a) the times and places of meetings of the Corporation and the procedure to be followed in regard to the transaction of business at such meetings to be provided under sub-section
(2) of section 7;
(b) the conditions of appointment and service and the scales of pay of officers and employees of the Corporation, other than the Chief Executive Officer and the Chief Accounts Officer, to be determined under sub-section (3) of section 12;
(c) the officers of the Corporation who may operate its accounts, referred to in sub-section (3) of section 18;
(d) the manner in which Government lands shall be dealt with by the Corporation after development, under subsection (2) of section 35;
(e) the Committee of the Corporation and the procedure to be followed by it, to hear appeals under sub-section (2) of section 40;
(f) the additional terms and conditions referred to in subsection (2) of section 42, subject to which lands and buildings in industrial estates and industrial areas may be held or used;
(g) any other matter which has to be, or may be provided by regulations.
61. No suit, prosecution or other legal proceedings shall lie 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.
136 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
XXV of 1974.]
(Chapter VII—Supplementary and miscellaneous provisions.—Sections 62-65.)
62. All members, officers and employees of the Corporation shall, • when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Act 45 of section 21 of the Indian Penal Code.
1860.
63. The provisions or this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any custom, usage, decree or order of the Court or any agreement incorporated in any other instrument having effect by virtue of any law.
64. If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by order within a period not exceeding two years from the date of commencement of this Act, make such -provisions or give such directions not inconsistent with the expressed provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty, and the order of the State Government in such cases shall be final.
West Ben. 65. (1) The West Bengal Industrial Infra-structure Development Ord. IX of
1973.
Corporation Ordinance, 1973, is hereby repealed.
(2) Anything done or any action taken under the West Bengal Industrial Infra-structure Development Corporation Ordinance, 1973, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the -16th day of-November, 1973.
Members, officers and employees of Corporation to be public servants.
-Effect of provisions inconsistent with other laws.
Power to remove doubts and difficulties.
Repeal and savings.
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