The Odisha Industrial Infrastructure Development Corporation Act, 1980

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The Orissa Industrial Infrastructure Development Corporation Act, 1980

Act 1 of 1981

Keyword(s): Amenity, Development, Engineering Operations, Industrial Area, Industrial Estate, Means of Access, Premises, Land

Amendment appended: 4 of 1995

(1) The Corporation shall, by such date 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 detailed 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 variations and reappropriations out of the sanctioned budget are brought to the notice of the State Government by a supplementary financial statement. (4) A copy each of the annual financial statement and the programme of work and the supplementary financial statement, if any, shall be placed before the State Legislature as soon as may be after their receipt by the State Government.

(1) Notwithstanding anything contained in the last preceding section, the State Government 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 furnish to the person appointed under sub-section (1), such information as the said person may require for the purpose of audit.

(1) The State Government may, by notification, provide that from such date as is stated therein the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972, shall, subject to the provisions of sub-section (2), apply to the premises belonging to, vesting in, or leased by the Corporation. (2) On a notification being issued under sub-section (1), the aforesaid Act and the rules made thereunder shall apply to premises of the Corporation with the following modifications, namely: (a) the State Government shall appoint an officer of the Corporation who is holding or has held office whether under the Government or the Corporation, which in the opinion of the State Government is not lower in rank than that of a Deputy Collector or an Assistant Engineer, to be the Estate Officer for the purpose of the aforesaid Act and one or more officers may be appointed as Estate Officers for different areas or for the same areas;

(1) The Orissa House Rent Control Act, 1967 shall not apply— (a) to any premises belonging to or vesting in the Corporation under or for the purposes of this Act; (b) against the Corporation to evict 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 provisions of the Orissa Town Planning and Improvement Trust Act, 1956 shall not apply to the premises belonging to or vested in the Corporation or to any industrial estate for a period of ten years from the date of commencement of this Act. (3) The State Government may, by notification, exempt any such premises or estate as aforesaid from any of the provisions of the Orissa Municipal Act, 1950 for such period, not exceeding ten years, as may be specified in the notification.

(1) Whenever any land is required by the Corporation for any purpose in furtherance of the objects of this Act, but the Corporation is unable 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 lands were needed for a public purpose within the meaning of that Act. (2) The amount of compensation awarded and all other charges incurred in the acquisition of any such land shall be forthwith paid by the Corporation and thereupon, the land shall vest in the Corporation.

(1) Subject to any directions given by the State Government the Corporation may dispose of— (a) any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or (b) any such land after undertaking or carrying out such development as it thinks fit, to such person in such manner and subject to such terms and conditions, as it considers expedient for securing the purposes of this Act. (2) The powers of the Corporation with respect to the disposal of land under sub-section (1) shall be so exercised, as to secure, so far as practicable, that— (a) where the Corporation proposes to dispose of by sale any such land which is surplus to its requirement, the Corporation shall offer the land in the first instance to the persons from whom it was acquired, if they desired to purchase it, subject to such requirements as to its development and use as the Corporation may think fit to impose; (b) persons who are residing or carrying on business or other activities on any such land shall, if they desire to obtain accommodation on land belonging to the Corporation and are willing to comply with any requirements of the Corporation as to its development and use have an opportunity to obtain there on accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them. (3) Nothing in this Act shall be construed as enabling the Corporation to dispose of land by way of gift, but subject as aforesaid, reference in this Act, to the disposal of land, shall be construed as reference to the disposal thereof in any manner whether by way of sale, mortgage, exchange or lease or by the creation of any easement, right or privilege or otherwise.

(1) With a view to ascertaining whether any plot allotted in an industrial area developed by the Corporation has been utilised for industrial purposes or not, the Board shall carry out six-monthly review as to how much unutilised area of each plot is capable of subdivision and whether the unutilised area can be utilised for any other purpose under this Act after subdivision, and shall issue notice to the plot holders in the industrial area calling upon them to furnish relevant information in the prescribed form and when so called upon each plot holders shall be bound to furnish true and correct information required within one month from the date of receipt of such notice by him. (2) For the purpose of enabling the Board to determine whether there is any unutilised portion of any plot in the industrial area and whether such portion is capable of subdivision so as to make it useful for any other purpose under this Act after subdivision, it shall be lawful for any officer of the Corporation, either generally or specially authorised by the Board in this behalf, and for his servants and workmen at all reasonable hours— (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 other acts necessary for the purposes aforesaid. (3) If the Board is satisfied that any plot holder has not utilised the maximum area of his plot suitable for construction or buildings for a period of three years or more from the date on which possession of the plot was delivered to him by the Board and the utilised portion is capable of subdivision so as to make it useful for any other purpose under this Act, the Board may, notwithstanding anything contained in any contract or in any law for the time being in force, issue to the plot holder and all other 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 reasonable opportunity of being heard to the plot holder and other persons interested in the plot and it shall be open to the plot holder or any other person interested in the plot, to appear and object to such resumption on the ground that 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 effective steps for utilising such portion. (5) If after giving a reasonable opportunity of being heard, the Board is satisfied that the holder of the plot has failed to utilise or is not likely to utilise the unutilised portion for industrial purposes within a reasonable period, and such unutilised portion can be used for any other purpose under this Act, the Board may notwithstanding anything contained in any contract or in any law for the time being in force, for the purpose of enabling the Corporation to properly discharge its functions or for promoting rapid growth and development of industries under this Act, on such unutilised portion, resume the unutilised portion of the land by giving a notice to the holder.

(1) If the Corporation, after holding a local enquiry, or upon receipt of any report or other information in its possession, is satisfied that the owner of any land in an industrial 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 permission 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 Government may by order fix, from the date which a demand for the expenses is made until payment shall be repayable by the owner to the Corporation.

(1) Where the erection of any building in an industrial estate or industrial area has been commenced or 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 erection or alteration shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the officer may himself cause the erection to be demolished and 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 Executive Committee of the Corporation. Such Committee may after hearing the parties to the appeal either allow or dismiss the appeal or reverse or vary any part of the order. (3) The decision of the Committee on the appeal and subject only to such decision, the order made by the officer under sub-section (1) shall be final.

(1) Where the erection of any building in an industrial estate or industrial area has been commenced, or is being carried on 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 in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the building operations 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 accordingly. (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 building is not continued. (4) Any person failing to comply with an order made under sub-section (1) shall, on conviction, 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 claimable to any person for any damage or loss which he may sustain in consequence of any order made under this section.

(1) Any person who, whether at his own instance or at the instance of any other person, undertakes or carries out construction of or alterations to any building in an industrial estate or industrial area contrary to the terms under which he holds such building or land under this Act, shall, on conviction, be punishable with fine 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 commission of the offence. (2) Any person who uses any land or building in an industrial estate or industrial area contrary to the terms under which he holds such land or building under this Act or in contravention of the provisions of any regulations made in this behalf shall, on conviction, be punishable with fine which may extend to five thousand rupees.

(1) Within any area taken up for development under paragraph (b) of clause (vi) of section 14, and for the purposes of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewer or drains necessary for carrying off the workings and waste liquids of an industrial process through any intervening area the Board or any person empowered in this behalf by the State Government by notification (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, on, under, over, along or across any land in such areas. (2) The Board or the authorised person may at any time enter upon any land in any such area and in such event the provisions of section 40 shall, mutatis mutandis, apply. (3) In exercising the power conferred by sub-section (1), the Board or the authorised person shall cause as little damage as possible to property and compensation for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid to all persons interested by the Corporation or, in the case of the authorised person, by the State Government.

Any Officer of the State Government, any Director of the Board, and any person either generally or specially authorised by the Board in this behalf, may enter into or upon any land or building with or without assistance or workmen 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; (ii) efficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building; and (iii) due regard shall always be had, so far as may be compatible with the exegencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

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 industrial estates or industrial areas entrusted to or developed by the Corporation and no such nomination shall be called into question merely on the ground that such officer is not an officer of the State Government.

Notwithstanding anything contained in any other law, or in any licence or permit or if the State Government is satisfied either on a recommendation made in this behalf by the Board 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 the State Government may consider fit, and thereupon the amenity shall be granted: Provided that the charge to be paid for granting or continuing such amenity to the local authority concerned shall not be less than the cost incurred by the local authority or licensee concerned for providing such amenity: provided further that, no such direction shall be made by the State Government without giving the local authority a reasonable opportunity to show cause why any such direction should not be made.

If any person or Company applies to the Collector or any other competent authority for lease of Government land or for permission to convert agricultural land into non-agricultural use for setting up of an industrial undertaking or for locating a brick kiln, quarry or for any other use which may be detrimental to the orderly growth of an industrial area or industrial estate 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 Board: Provided that where the Collector or the competent authority overrides the objection of the Board, he will give reasons therefore in writing to the Board; whereupon the Board 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: Provided also that the provisions of this section shall not apply to any village industry, cottage industry or tiny sector industry. Explanation—For the purpose of this section— (i) the expressions "village industry" and "cottage industry" shall have the same meaning as assigned to them under the Orissa State-aid to Industries Act, 1978; (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.

Every public notice given under this Act, or any rule or regulation made thereunder shall be in writing over the signature of the officer concerned and shall be duly made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper, or by any two or more of those means, and by any other means that the officer may think fit.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder, requires anything to be done for the reasonable 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 therewith.

(1) The Board shall furnish to the State Government returns, statistics, reports, accounts, 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 Board shall, in addition to the audit report referred to in 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 prescribed; 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 State Government may by notification and subject to such terms and conditions as may be specified therein, place any industrial area or industrial estate 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 and industrial estate, as if, the industrial area were declared and the industrial estate were established under this Act.

Where the State Government is satisfied that 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 unnecessary, the State Government may, by notification, declare that such industrial estate or industrial area or part thereof has been removed from the jurisdiction of the Corporation, The State Government may also make such other incidental arrangements for the administration of such estate or area or part thereof as the circumstances require.

(1) If the State Government is satisfied that the Board has made a default in performing of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Board accordingly. (2) If in the opinion of the State Government the Board fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government to supersede and reconstitute the Board. (3) After the supersession of the Board and until it is reconstituted in the manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for this purpose from time to time. (4) All property vested in the Corporation shall, during the period of supersession, vest in the State Government.

(1) Where the State Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially 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, the Corporation shall vest in or be realisable by the State Government. (b) all liabilities which are enforceable against the Corporation shall be enforceable against the State Government.

Unless otherwise expressly provided, no Court shall take cognisance of any offence relating 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 Board or some persons authorised by the Board by general or special order in this behalf.

(1) The Board or any person authorised by the Board by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence punishable by or under this Act. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

(1) Whenever an offence under this Act has been committed by a company, by every person, who at the 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 proceeded 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.

(1) 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 purpose of this Act, and without prejudice to the generality of this power, such regulations may provide for-(a) the time and place of meetings, of the board and the procedure to be followed in regard to the transaction of business at such meetings; (b) the conditions of appointment and service and the scales of pay of officers and servants 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 lands, buildings and amenities; (e) the additional terms and conditions subject to which lands and buildings in industrial estates and industrial areas may be held or used; (f) the conduct of business of the Executive Committee; (g) any other matter which is to be or may be provided by regulations. (2) All regulations made under this Act shall, as soon as may be, after they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes modifications, if any, therein, the regulations shall thereafter have effect only in such modified form, so, however that such modification shall be without prejudice to the validity of anything previously done under the regulations.

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.

The Directors of the Board and the officers and servants 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 section 21 of the Indian Penal Code.

The provision of this Act, shall have effect notwithstanding anything inconsistent therewith contained in any other law.

, . ... , . Acquieitioa J~.(I) whenever any land is rcqu~rcd by iho Corporation for any purpose in of bnd. 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 if such lands werc needed for a pubIic purpose within : the meaning' of that Act. (2) The amount of compensation awarded ad' 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. Wer of . , 32. (I) For the iurtherancc 'of the objects df this Act, tllc ~tato.~overnmen~ 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 ad supervision of the Corporation it shall be dealt ~vilh by thc Corporation in accordan@ with thc regulations madc undcr this Act and thc dii~tions 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 it, 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 ~oiporation prb'poses ,to aspose of by.sale any sueh hn# which is surpllls tn its rcquiremept, thecorporation 'shall offer'the Iadd ., i~ tlie3sst instance .., to . .) , the persons from -1vhom'it was a,qcqdred,, if they ! .: I.: ,. . .. . - . dwird to pkqhhie ~t, subject 10 ,such rcqairemqti as 'to. its developmeqt -. ,. .,. Gd!:-uso as.thtbe Cop,amtion,may ihink'fit mhpsk;,.. , : -.. . , ,r- . , , . ,,... ,. . , . . * , . . ... .. .-., .,.. I... * 0. :, --,I-:! -4: :,!.a:. :,:j ,j! -,>:; .:: :, 7,f!i . ,:-, .- Th6 ORhA 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 -so& 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) ~ofhing in this Act shill be construed as inabliog Lhc ~oiprarioio 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 an beutilided alIogrne~t b for any other purpose under this Act after subdivision, end shalllissue_nctice to other the plot holders in ' the . industrial: am calling upon- them to epish 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 worhsn 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 ark 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 effdve 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 bn~ined in any cont~act or In any law. for thetim~ 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 INFRA,STR~;~UR~ ~~Vk~bp&&r '. ' ' ' CORPOR~TION ACT, 1980 [Orissa Act 1 of 19811 bf fhe#lot. OD and fraii the dare of iuch irbti* fhi .&lit&sed &hibii .bf lapd spcci6ed in the - no tide , shall vest absofutdy: in the' - Corpaiktion, free from & ~cncumbrsnces. . . (6) Where any land is vested in the Corporaion -under the lust preceding sub- s&tiobi the Board my, by noti& in writing, ode iny pmon fihu 'may ba in possession of the land to surrender of deliver possession thereof to the Board or any ~rson duly authorised by it in this hhalf within thlfly ' &ys of the ;', ,' , ,, :', ja~ice,of the ~o~IE.' . , (-, .'I (7) If any person rebnes or faibto Amply with an order aa& udder lfle faat pwng 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 Id is resumed by tk Board undqr this *ion the Corporalion shall ,py &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 he:h a ieiital 1e&e tEe amount to be awded shll not excg~d &a haunt aual 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 MISCEL~NE~Z~S ' P~OV~SIONS power of tb~ 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, ib 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 ~wm of ment 0f.h land tor which prmission has been obtaioed under this Act, the Catpara- - , , , ' hat 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 prriad. 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 aord reasonable oppqrhrnity to the owner 6f rhe land ro show cause as to why @ch actrofi should not be kken.. (3 AU, expenses i~curra by the Go'rpok tion or the aghcy employed by it in pro- vidmg 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 d4d 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 is 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 hd 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: ekdtih ihd bq&ijjblishtdd by &6 awe? , mereof ulitfiih,sdch. &+ibd!no'kexcedidg-Wo 'fiont& as hy tie s@iW iil ihe'oae?; ad dn the failure of the owner to comply with ,the order, the oBcer.may himself a~e.tne~erea 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~ib y&&. unfe$$tfie&nFrw hd-giv&i& ieB\j& . , ruble opportunity to show -use why the order shour6'1iot 6d d6i . , (2) Any. ,person,, ~ggrieya by as ,order made under suF-section (I) may prorer an : appeal &&st' that bider. widin, th~m: days 1 om 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) Whe~ 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 it 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 Ad 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 dis&n~u@ pupuance of thl yuisi- -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 ;ofi~r shall-qrnply with :the, req~isi~ion~.:a~~ingly,. . , * , -.- . I. : (3) Ahr er~ uisi~ion under sub-section (2) has been complied with, ihc 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 to 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 may 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 .. .. won .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 ' - _ ' . ,- ', .,. _ bdd~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 ha yhich may extend to two .hundred rupces for every day during which such offence can- lmldins. tinues , after conviction for tbb fmt commission of the - offcoce. (2) Any person who uses any Iand or building in ao industrial estate or 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 the State Governmet by poti- fication, -(hereigafter in this section referred to 'as "the authorised ,personm') - may lay -.: • - , . . .%. dowqplace!, maintain alter, removc or repair any pipes, pipelines; conduits, supply or , - , . ' : ' si~ice lines, posts.or other appliances or app-hls in, on, under, , . over, 'along or:abosS ' "' ' ' ' any, ,land in such' areas. , -. , . . ,. , .. - , ,- -. .., ,. . .'I' . . ;,,:- ' ,(~'.The~okrd ,,, or thiauth~rikd~i&n lnpyar any,timoenkr,i~~Pny land inany s~,ek~ ! - ,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 dsel'as 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 eqns iptkyted by: the ,Qlpoqgon, 9 in 1he.a~~ .of,lhb. ~autharised . , p&i~; Iiy' be' -State. . . Y ..__ G,owmm+f+. ,:- ;, . . : 1 ,, :, L : :. .... : ,::. : - :::,,, .: -. . ( <. :.. . ::t .. !* TIE 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 occu- piers 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 th~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 un- author1t[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 the 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. • ... , , . . , m 8 T& OR ~SSA INDUSTRIAL 'INFRASTRUCTURE DEVELOPMENT .CORPURATION ACT. 1980 ' " ' [ Orissa Re1 i' or 1981 ] (Secs.; 43-45) Rmtricdon . 43. Ii any person or Company applies to -the Collector or any other competent On 'authority for lcase df, Goveroment land or for permission to convert agricultural land pcrmisslon in - a~oinins 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 lo 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 ai tho canipstint authority overrides the obja 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- ' .jr ' , , , . . .., ti) 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 shd 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 '(xii) of Sub-section , (2) ' of Secion 4: I.I, i.1 . I' . • ,, .'I _ ' , I. ' . (2) :?he ~b~rman, 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 ir~m time to time,qd shall 2erfocm such other functions as are assigned to it by or I .> , ,: ,.. ,under this Act. , , ,. , , ,, . .I: .,I SVi~~mof*l*;;' 45. (1) All noti=er,'brdeq ad othir dd&&Pt r{$ujkd;by this ~ct:~ra& rvls or g!'.. keguIation dade theidunder 'to b& seried u$ohl anj Pirsoo shall, savc as &thewise pro- vidld 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 ror ' " ' I". 'J"' ; ' - .! , ,,I 1 , ., ,. .'.I I, I 0 (ii) 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, if 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 th~ 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) ,if 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 gi~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 it can be dclkvcrcd, is affixed ro some knspicuous ', ,I, i, , ,part, of the land or building . , (3) Where a document is se~d on Lhe firm in accordance with this section , , the doument .shall be deemed to be send on cach partner. ,.,, . I '.,, , ,,,, . ..rnL . 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 cons~ic~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 fi ' or ,any:. rule or ]'regulation made [hereunder, requires anything to be ..done for the reOsOnhblc doing <.of, ,w;!icl~ no 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, inf~rmal~~~ with such rcspecr to its 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 ~oard .sh'allJ in ad'dir ionm to,~.the audit report refwed to th&Section 27, furnish Lo the State Govcrnment an a~rldl 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. ~$2 St& Gbvkinmcnt nihy by nokfi&n ' hnd subject. to such tenas and existing arms estatca conditions as may be specified thercin, pbceany industrial area or industrral estate and ro th? ,.:, ,established prior to .the' datol of commencement 'of this Acl under the management Corpomtlon., ad control -of the Corpolation, and thereupo6,- the . provisions of ,this Act shall ,:. i. i. appl$ to such[ indusrrial area and industrial eslale, as if, the industria1 area were declared ud 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 or,, , 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 am 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 time 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 datb : , (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. ~uthorit~ 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 rrooo~ 11. 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 hb 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 bn 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 of 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 ofthe 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 aid 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 its 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 buildw 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~ck hi ' ;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 swas and if during the said period the Sta,k Legislature makes rnodifiutions, if any, therein, tha regulations shall theder • ' 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 ofden 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 Ofie~is 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 Govern- ment, 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. . , .< .. ,, ., , ,.. ,., ,,. . - . , , :. , .r,. ... ,,, . . . . ., :,,, :, I' , I:' L: I. . . . -.[ 1 . ' , 1; ' I., I, . , , ., .. . mE OR~~~NDUSTRI.~.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 ~~valo~rneat 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.