Chapter III FUNCTIONS AND POWERS OF THE CORPORATION

The functions of the Corporation shall be:-

1. (i) generally to promote and assist in the rapid and orderly establishment, growth and development of industries, trade and commerce in the State, and
2. (ii) in particular and without prejudice to the generality of clause
3. (i) to-

1. (a) establish and manage industrial estates at places notified by the State Government;
2. (b) develop industrial areas notified by the State Government for the purpose and make them available for undertakings to establish themselves;
3. (c) undertake schemes or works, either jointly with other corporate bodies or institutions, or with Government or local authorities, or on an agency basis, in furtherance of the purposes for which the Corporation is established and all matters connected therewith;
4. (d) 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 thereof;
5. (e) make available buildings on hire or sale to industrialists or persons intending to start industrial undertakings;
6. (f) construct buildings for the housing of the employees of such industries and employees of the Corporation.

Subject to the provisions of this Act, the Corporation shall have power-

1. (a) to acquire and hold such property, both movable and immovable, as the Corporation may deem necessary for the performance of any 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.
2. (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;
3. (c) to allot plots, factory sheds or buildings or part of buildings, residential tenements, to suitable persons in the industrial estates or developed by the Corporation;
4. (d) 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 the allotment;
5. (e) to constitute advisory committees to advice the Corporation;
6. (f) to engage suitable consultants or persons having special knowledge of skill to assist the Corporation in the performance of its functions;
7. (g) to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of its functions; and
8. (h) to do such other things and perform such acts as it may think necessary or expedient for the proper conduct of its functions and the wing into effect the purposes of this Act.

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.

Notwithstanding anything contained in any contract or any law for the time being in force, it shall be lawful for the Corporation to levy development cost, fees or service charges to cover its expenses on construction and maintenance of roads, drainage, water-supply and such other services and amenities as may be provided by it including provision of street lighting, at such rates as may be prescribed from time to time and such cost, fees and charges may be levied on the plot holders or other persons receiving benefit of the services or amenities.

The State Government may issue to the Corporation such general or special directions as to policy as it may think necessary or expedient for carrying out the purposes of this Act, and the Corporation shall be bound to follow and act upon such directions.

All property, fund and other assets vesting in the Corporation shall be held and applied by it, subject to the provisions and for the purposes of this Act.

The Corporation shall have and maintain its own fund, to which shall be credited-

1. (a) all amounts received by the Corporation from the State Government by way of grants, subventions, loans, advances or otherwise;
2. (b) all fees, costs and charges received by the Corporation under this Act;
3. (c) all amounts received by the Corporation from the disposal of lands buildings and other properties movable and immovable and other transactions;
4. (d) all amounts received by the Corporation by way of rents and profits or in any other manner or, from any other source;
5. (e) all amounts received by the Corporation from Government, Statutory Companies, Financial Institutions, Commercial Banks or from any other source.

The State Government may after due appropriation made by the State Legislature by law in this behalf, make such grants, subventions, loans and advances to the Corporation as it may deem necessary for the performance of the functions of the Corporation under this Act; and all grants, subventions, loans and advances made shall be on such terms and conditions as the State Government may after consulting the Corporation determine.

1. (1) The Corporation may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
2. (2) Such rules made by the State Government for the purposes of this section may empower the Corporation to borrow by the issue of bonds or stock or otherwise.
3. (3) The maximum amount which the Corporation may at any time have on loan under sub-section
4. (1) shall be fifty crores of rupees, unless the State Government, with the approval of the State Legislative Assembly, fixes a higher maximum amount.
5. (4) The State Government may guarantee in such manner as it thinks fit the payment of the principal and interest of any loan proposed to be raised by the Corporation or of either the principal or the interest: Provided that the State Government shall, so long as any such guarantees are in force, lay before the State Legislature in every year during the budget session of the Legislature, a statement of the guarantees, if any, given during the current financial year and an up-to-date account of the total sum, if any, which have been paid out of or into the State Revenues by reason of any such guarantees or paid into the State Revenues towards repayment of any money so paid out.

The Corporation may accept deposits on such terms and conditions as it deems fit from persons, authorities or institutions, to whom allotment or sale of land, buildings or sheds is made or is likely to be made in furtherance of the objects of the Act.

1. (1) The Corporation shall make provision for such reserve and other specially denominated funds as the State Government may from time to time, direct.
2. (2) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit thereof and the application of money comprised therein shall be determined by the Corporation.
3. (3) None of the funds referred to in sub-section
4. (1) shall be utilised for any purpose other than that for which it was constituted without the previous approval of the State Government.

1. (1) The Corporation shall have the authority to spend such sums as it thinks fit for the purposes authorised under this Act from out of the general fund of the Corporation referred to in section 20 or from the reserve and other funds referred to in section 24, as the case may be.
2. (2) Without prejudice to the generality of the power conferred by sub-section (1) the Corporation may contribute sums as it thinks fit, towards expenditure incurred or to be incurred by any local authority or statutory public undertaking in the performance, in relation to any of its industrial estates or industrial areas, of any of its statutory functions of such authority or undertaking, including expenditure incurred in the acquisition of land.
3. (3) The Corporation shall have authority to advance loans, with or without security or interest, to its employees.

1. (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. (2) The annual financial statement shall show the estimated receipts and expendi- ture during the succeeding financial year in such form and details as may be pres- cribed.
3. (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. (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

Accounts and audit

1. (1) The Corporation shall maintain books of accounts and other books in relation to its business and transanctions in such form, and in such manner, as may be prescribed.
2. (2) The accounts of the Carpoiation shall be audited by an Auditor appointed by the State Government. [ * * * ]
3. (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
4. (3) to be hid annually before the State Legislature.

(I) Notwithstanding zhything 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 fil of the accounts of the Corporadon relatins to any 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 puwse of audit.

1. (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. (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;
   • (b) references to "public premises" in that Act and the rules made thereunder shall be deemed to be references to premises of the Corporations and references to "the State Government" in sections 6, 12 and 15 thereof, shall be deemed to be references to the Corporation.

1. (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) as against the Corporation to any tenancies or like relationship created by the Corporation in respect of any premises; but shall apply to any premises let to the Corporation.
2. (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. (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.