(1) The Corporation shall establish its head office at such place in the State as the State Government may specify and may, with the previous sanction of the State Government, establish offices or agencies in any other place in the State.
110 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
XXV of 1974.]
(Chapter IL—Establishment and Constitution of the Corporation.—Section 8.)
(2) The Corporation shall meet at such times and places, and shall, subject to the provisions of sub-section (3), observe such rules of procedure in regard to the transaction of its business as may be provided by regulations made under this Act.
(3) When any contract or loan is proposed to be entered into or taken by or on behalf of the Corporation, such proposal shall be circulated amongst the members of the Corporation, and any member who is directly or indirectly concerned or interested in any such contract or loan shall, within a week from the date of such communication, disclose in writing to the Corporation the nature, kind and extent of his aforesaid interest in such contract or loan, and such member shall not be present at the meeting or meetings of the Corporation in which any such proposal is discussed, unless his presence is required by the other members for the purpose of eliciting information in connection therewith, but no member so required to be present shall vote on any such contract or loan :
Provided that a member shall not be deemed to be concerned or interested as aforesaid by reason only of his being a shareholder of a company concerned or interested in any such contract or loan.
S. (1) If a member—
(a) becomes subject to any of the disqualifications mentioned in section 5, or
(b) is absent, without the Corporation's permission, from three consecutive meetings of the Corporation, or from all meetings of the Corporation during any three consecutive months, he shall, with immediate effect, cease to be a member of the Corporation, and shall be deemed to have vacated his office from the date of such cessation.
(2) The Chairman, or the Vice-Chairman, if any, or any other member of the Corporation may resign his office by giving notice in writing to the State Government and on such resignation being accepted, shall be deemed to have vacated his office.
(3) The State Government may, by order, remove from office, any member of the Corporation, who, in its opinion,—
(a) has refused to act, or
(b) has become incapable of acting, or
(c) has so abused his position as member as to render his continuance on the Corporation detrimental to the interest thereof or of the general public, or Cessation of membership and removal from office of members.
111 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
[West Ben. Act (Chapter IL—Establishment and Constitution of the Corporation.
— Sections 9-12.)
(d) is otherwise unfit to continue as a member:
Provided that a member shall not be removed from office unless he has been given reasonable opportunity to show cause against the proposed removal.
9. If a casual vacancy occurs in the membership of the Corporation due to cessation of office, resignation or otherwise, such vacancy shall be filled up by fresh nomination under section 4, and the member so nominated shall hold office for the unexpired period of the term of office of the member whose place he fills.
The Chairman 10. (1) If the Chairman or any other member of the Corporation is or the person appointed to by infirmity or otherwise render temporarily incapable of carrying out act as his duties, or is granted leave of absence by the State Government, or Chairman is otherwise unable to attend to his duties in circumstances not his absenc in involving the cessation of his membership, the State Governmentmay, after consultation with the Corporation, appoint another person to act for him during his absence.
(2) The Vice-Chairman, if any, shall, in the absence of the Chairman, exercise the powers and perform the functions of the Chairman.
11. No disqualification of, or defect in the appointment of, any person acting as the Chairman or Vice-Chairman or a member of the Corporation, shall vitiate any act or proceeding of the Corporation, if such act or proceeding is otherwise in accordance with the provisions of this Act.
Officers and 12. (1) The State Government shall appoint a Chief Executive employees of Officer and a Chief Accounts Officer of the Corporation.
the Corporation. (2) The Corporation may appoint advisers, and such other officers and employees subordinate to the Chief Executive Officer, as it considers necessary for the efficient performance of its duties and functions.
(3) The conditions of appointment and service of the officers and employees and their scales of pay shall,—
(a) as regards the Chief Executive Officer and the Chief Accounts Officer, be such as may be prescribed, and
(b) as regards the other officers and employees, be such as may be determined by regulations made under this Act.
(4) The Chief Executive Officer shall be the executive head of the Corporation and all other officers and employees of the Corporation shall be subordinate to him.
Filling up of casual vacancies.
Proceeding presumed to be good and valid.
112 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
XXV of 1974.]
(Chapter III—Functions and Powers of the Corporatton.—Section 13.)
(5) The Corporation may authorise the Chief Executive Officer, subject to such conditions and limitations as it may specify, to exercise such powers and perform such duties as it may deem necessary for the efficient administration of its business.
(6) The Chief Accounts Officer shall have the right to record his views on every proposal involving expenditure from the funds of the Corporation, prior to the consideration of such proposal by the Corporation.
CHAPTER III Functions and powers of the Corporation
13. The functions of the Corporation shall be— (I) generally to develop industrial infra-structure for expeditious and orderly establishment, growth and development of industries, trade and commerce on well-planned basis in the State; and
(2) in particular, and without prejudice to the generality of the provisions of clause (1),—
(a) to develop industrial areas or part thereof, for the purposes of new growth centres and make the same available for industrial and commercial undertakings and trading concerns to enable them to establish industries and to carry on trade and commerce therein,
(b) to frame any scheme to develop any industrial area and undertake any development work in respect thereof, particularly in relation to—
(i) reclamation and improvement of land,
(ii) water supply,
(iii) drainage,
(iv) captive power generation and supply,
(v) roads,
(vi) transport and communication, and
(vii) housing accommodation;
(c) to develop any area comprised in any industrial estate or development scheme in all or any of the following manners, namely:—
(i) by acquisition of land or other immovable property within the said area by purchase, lease or otherwise, Functions of the Corporation.
113 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
[West Ben. Act (Chapter Ill.—Functions and Powers of the Corporation—Section 13.)
(ii) by laying out or relaying out of the land in the said area,
(iii) by raising, lowering or levelling of land in the said area,
(iv) by laying out and constructing (including levelling, paving, metalling, flagging and channelling) roads in the said area (including bridges, cause-ways and culverts) and planting flower bushes or trees on both sides of such roads,
(v) by sewering and draining of such roads, and making provisions, by the side of such roads, for water, lighting and other sanitary conveniences as are ordinarily provided within the Municipal areas,
(vi) by providing supply of power to such area through installation of captive generating plants,
(vii) by making provisions for housing facilities and good communications therein,
(viii) by making provisions for gardens, parks, playgrounds, lakes, atheletic tracks, recreation buildings and other necessary aids to field or aquatic sports in such area and by taking special steps towards making such area attractive and beautiful,
(ix) by making specific arrangements therein for entertainment of the public,
(x) by controlling the use of land within such area, dividing the same into different zones, and reserving each of them exclusively for a specific purpose,
(xi) by taking other suitable steps and making other provisions for purposes consistent with the objects of the Corporation;
(d) to undertake execution of development schemes or works either jointly with persons, firms, companies, associations, Government or local Authorities, or as agents for furtherance of the objects of the Corporation;
(e) to organise industrial areas or industrial estates by acquiring suitable sites and providing them with roads, water supply, electricity and other amenities, to lease out plots thereof for industrial purposes and to control and manage the affairs of administrations of such areas or estates;
114 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
XXV of 1974.]
(Chapter 111—Functions and Powers of the Corporation.—Section 14.)
(I) to advance loans to industries to enable them to shift their factories into aforesaid areas and estates.
14. Subject to the other provisions of this Act, the Corporation shall have power— '
(a) to acquire and hold such property, both movable and immovable, as the Corporation may deem necessary for the performance of any of its activities, and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;
(b) to purchase by agreement or to take on lease or under any form of tenancy any land and to erect thereon such buildings and to execute such other works as may be necessary for the purpose of exercising its powers and performing its functions;
(c) to provide or cause to be provided amenities and common facilities in industrial estates and industrial areas, and construct and maintain or cause to be maintained works and buildings therefor;
(d) to develop or cause to be developed land in industrial estates and industrial areas;
(e) to make available buildings on hire or for sale to industrialists or persons intending to start industrial undertakings, trading units and commercial undertakings;
W to construct buildings for the housing of the employees of such industrial, trading and commercial concerns;
(g) (i) to construct factory sheds or buildings, including residential tenements, and allot such sheds or buildings to suitable persons in the industrial estates and the industrial areas established or developed by the Corporation;
(ii) to modify or rescind such allotments, including the right and power to evict the allottees concerned on breach of any of the terms or conditions of such allotment;
(h) to constitute one or more advisory committee or committees to advise the Corporation for the efficient discharge of its functions;
(i) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions;
General powers to the Corporation.
115 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.
[West Ben. Act (Chapter 111.—Functions and Powers of the Corporation.— Sections 15, 16.—Chapter 1V.—Finance, Accounts and Audit.— Sections 17, 18.)
(j) subject to the previous permission of the State Government, to delegate any of its powers generally or specially to any of its committees or officers ;
(k) to enter into and perform all such contracts as it may think necessary or expedient for performing any of its functions;
and (I) to do such other things and perform such other acts as it may think necessary or expedient for the proper conduct of its functions, and for carrying into effect the purposes of this Act.
15. All permissions, orders, decisions, notices and other documents of the Corporation shall be authenticated by the signature of the Chief Executive Officer of the Corporation or any other officer authorised by the Corporation in this behalf.