Short
title extent and commencement: 1. (1) This act may be called the Assam
Industrial Infrastructure Development Corporation Act. 1990. (2) It extends
to the whole of the State of Assam. (3) It shall come into force at once.
Definitions:
2. In this Act, unless the context otherwise required:- (a) "amenity"
includes road, supply of water or electricity, street lighting, drainage, sewerages
conservancy and such other convenience as the State Government may, by notification
in the Official Gazette, specify to be an amenity for the purposes of this Act.
(b) "building means any structure or erection or part of a structure
or erection, which is intended to be used for residential, industrial, commercial
or other purposes, whether in actual use or not; © "Collector"
means the Collector of a district, and includes any officer specially appointed
by the State Government to perform the functions of a Collector under this Act;
(d) "Corporation" means the Assam Industrial Infrastructure Development
Corporation established under Section 3; (e) "Commercial estate"
means any site selected by the State Government where the Corporation constructs
buildings and makes them available for the purpose of carrying out industrial
and commercial activities; (f) "Court" means a principal Civil
Court of original jurisdiction, and includes court of any Additional District
Judges or Assistant District Judge whom the State Government may appoint, by name
or by virtue of his offices, to perform, concurrently with any such principal
civil Court all or any of the functions of the court under this Act within any
specified local limit; (g) "Development "with its grammatical
variations means the carrying out of building, engineering, quarrying or other
operations in, on over or under land, or the making of any material changes in
any building or land, and includes reclamation and re-development, but does not
include mining operations and "to develop" shall be construed accordingly;
(h) "Engineering operations" include the formation or laying
out of means of access to a road or the laying out of means of water supply, gas
supply and electricity supply; (i) "Growth centre" means any
site declared to be a growth centre by the State Government by notification published
in the Official Gazette, which is to be developed for industries; (J) "Industry"
means any business, trade, undertaking, manufacture or calling of employers and
includes any calling, services, employment, handicraft or industrial occupation
or avocation of workmen and the word "Industrial" shall be construed
accordingly; (k) "Industrial area" means any area declared to
be an industrial area by the State Government by notification published in the
Official Gazette, Which is to be developed and where industries and related services
are to be accommodated; (l) "Industrial estate" means any site
selected by the State Government; where the Corporation builds factories and other
buildings and makes them available for any industries or class of industries;
(m) "The expression "land" and expression "person interested"
shall have the meanings respectively assigned to them in section 3 of the Land
Acquisition Act, 1894; (n) "means of access" includes a road
or any means of access, whether private or public, for vehicles or for pedestrians
or for rail or for water, power or communication system; (o) "Notification"
means notification published in the Official Gazette; (p) "Premises"
means any land or building or part of a building and includes:-(i) the garden,
grounds and out-houses, if any, appertaining to such building or part of a building;
and (ii) any fittings affixed to such building or part of a building for the more
beneficial enjoyment thereof; (q) the "Lease Deed" means the
Agreement executed between the Corporation and lessees of plots of land, building
and amenities of the Corporation containing the terms and conditions of the lease;
(r)"Prescribed" means prescribed by rules made under this Act;
(s) "State Government" means the State Government of Assam;
CHAPTER
- II
ESTABLISHMENET
AND CONSTITUTION OF THE CORPORATION
Establishment
And in corporation
3. (1) There shall be established by the State Government by notification,
a Corporation by the name of the Assam Industrial Infrastructure Development Corporation
for the purpose of securing and assisting in the rapid and orderly establishment
and organization of industries in industrial areas, industrial estate, growth
centres, and in establishment of commercial estates for growth of industries in
the State of Assam.
(2) The Corporation shall be a body corporate with perpetual succession
and a common seal, and may sue and be sued in its corporate name and shall be
competent to acquire hold and dispose of property both movable and immovable and
to contract and do all things necessary for the purposes of this Act.
(3) The Corporation shall establish its Head Office at such place in the
State as the State Government may specify.
Constitution
(4)
The Corporation shall consist of the following members:
(a)
The Commissioner and Special Secretary to the Government of Assam, Industries
Department;
(b) The Secretary, Finance Department, Government of Assam;
(c)The Secretary, Revenue Department Government of Assam;
(d)The Chief Engineer,
Assam State Electricity Board;
(e)The Managing Director, Assam Industrial
Development Corporation Limited;
(f)The Managing Director, Assam Small Industries
Development Corporation Limited;
(g)The Director of Industries, Government
of Assam;
(h)The Director, Public Enterprises, Government of Assam;
(i)The
Managing Director, Assam Industrial infrastructure Development Corporation;
(j)Two non-Official Directors nominated by the State Government who are in the
opinion of the State Government, qualified as having the experience and capacity
in, industry or trade or finance or who in the opinion of the State Government
are capable of representing the interest of persons engaged or employed therein;
(k)Two Directors nominated by Financial Institutions/Banks pursuant to agreement
with the corporation.
5.
The Commissioner and Special Secretary to the Government of the Assam, Industries
Department shall be the Chairman of the Corporation;
Disqualification
for Directorship
6.
A person shall be disqualified for being nominated as a Director of the Corporation,
if he -
(a)
Is an employee of the corporation, not being the Chief Executive Officer, or
(b) Is of unsound mind and stands so declared by a competent court, or
(c) Is an undischarged insolvent, or
(d) Has been convicted
by court on a charge of crime involving moral turpitude.
Terms
of Offices And conditions of services of Directors
7.(1)
(a) Every Director of the Corporation nominated under Clause (j) of Section
4 small hold offices for a period of three years from the date of his nomination,
unless his term of office is terminated earlier by the State Government.
(b) Where a vacancy of any such Director occurs due to completion of the term
of office or due to termination of his term of office earlier, the vacancy shall
be filled in accordance with the provisions of Section 10.
(C) Any
person nominated as Director of one or more occasions shall unless disqualified,
be eligible for renomination;
(d) Where a person is nominated to be
or become a Director of the Corporation by virtue of holding any office, he small,
notwithstanding anything contained in this Act, cease to be a Director of the
Corporation as soon as he ceases to hold that office.
