gazette

Restriction on lease permission in adjoining areas in certain cases

43. 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 guary or for any other in use which may be detrimental to the orderly growth of an industrial area or industrial estateor commercial estate or growth centre 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 Corporation:

Provided that where the Collector or the competent authority overrides the objection of the Corporation he shall give reasons therefore in writing to the Corporation, where upon the Corporation may appeal to the prescribed authority:

Provided further that no action shall be taken o 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.

Transfer of rising areas, Estate and Centre to the Corporation

Explanation:- For the purposes of this Section:-

(i) The expression "village industry" and "cottage industry" shall have the same meaning as as- signed to them by the Government;

(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.

Notices etc. to fix reasonable times

44. where any notice, order or other document issued or made under this Act, or any rule or regulation made thereunder, requires anythings to be done for the 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.

Furnishing of returns, etc.

45. (1) The Corporation shall furnish to the State Government returns, statistics, reports, accounts and other information with such respect to its conduct of affairs, properties or activites or in regard to any proposed work or scheme as the State Government may from time to time require.

(2) The Corporation shall in addition to the audit report referred to the 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.

46. The State Government may be notification and subject to such terms and conditions as may be specified therein, place any industrial area or industrial estate, commercial estate, growth centre 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, industrial estate, commercial estate and growth centre as if the industrial areas were declared and the industrial estate, commercial estate and growth centres were established under this Act.

Withdrawl of area or estate or part thereof

47. Were the State Government is satisfied that with respect to any of 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 arrangement for the administration of such estate or area or part thereof as the circumstances require.

Dissolution of Corporation

48. (1) Where the State Government is satisfied that the purpose 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 realizable by, shall vest in or be realizable by, the State Government;

(b) All liabilities which are enforceable against the Corporation shall be enforceable against the State Government.

Authority for prosecution

49. Unless otherwise expressly provided no court shall take cognizance 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 corporation or some person authorized by the corporation by general or special order in this behalf.

Compensation of offences by Corporation

50.(1) The Corporation or any person authorized by the Corporation 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.

Offence by companies.

51. (1) Whenever an offence under this Act, has been committed by a company every person who at that time the offence was committed was in charge of or was responsible to the company as well as the company shall be deemd 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.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly

(a) "Company" means any body corporate and includes a firm or other association of individuals: and

52. Any person who obstructs the entry of a person authorized under Section 49 to enter into or upon any land or building or molestes such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act, shall on conviction, be punishable with imprisonment for term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

53. Any money payable to the Corporation in respect of which the person liable to pay the same has agreed by a written instrument that it shall be recoverable as a public demand, shall, on an application made by the Corporation in that behalf, be recoverable as such demand.

54. (1) The State Government, may by notification, make rules to carry out the purposes of the Act:

Provided that where the State Government feel it necessary, it shall expcept on the first occasion of making rules under the section, take into consideration any suggestion made by the Corporation poration relating to amendment of such rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may,

(a) The fees and allowance payable to the directors of the Corporation:
(b) The conditions of appointment and service and the scale of pay of the Managing Director of the Corporation;
(c) The conditions subject to which the Corporation borrow money:
(d) The date by which the annual financial statement and programme of work shall be submitted by the Corporation to the State Government and the form and manner of preparing such statement referred to in section 27:
(e) The form and the manner of maintaining books accounts and order books under section 28:
(f) The form of, and the details to be given in the annual report under section 45:
(g) The fees which may be charged by the Corporation;
(h) The conditions subject to which the corporation may dispose of land, buildings and amenities:
(i) Any other matter which has to be or may be prescribed.

(3) All rules made by the State Government under an Assam act shall, as soon as may be after they are made, be laid before the State legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions and, shall unless some later date is appointed, take effect from the date of their publication in the official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

55. (!) The Corporation may, with the previous approval of the State Government, make regulation consistants with this Act, and the rules made there under, to carryout the purposes of this Act and with out prejudice to the generality of this power, such regulations may provide for:-

(a) The time and place of meetings of the Corporation and the Procedure to be followed in regard to do the transaction of business of such meetings to be provided;

(b) The conditions of appointment and services and the scales of pay of officers and employees of the Corporation other than the Managing Director;

(c) Development 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 land, buildings and amenities;

(e) The additional terms and conditions subject to which lands and building, industrial area, industrial estate commercial estate and growth centre, may be held or used;

(f) The procedure and conditions of allotment of premises and modification cancellation and recession thereof;

(g) The manner of publication of public notice and the manner of service of Notices, Orders, Documents of the Corporation;

(2) All regulation made by the Corporation under the Act shall as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall, unless, some later date is appointed take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder;

56. 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.

57. The members of the Corporation and the Officers and employee of the Corporation shall, when acting or perporting 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.

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

59. If any doubt of difficultly arises in giving effect to the provisions of this Act, State Government may, by order make provisions or give such direction not inconsistent with the express provisions of this Act, as may appear it to be necessary or expedient for the removal of the doubt or difficultly and the order of the State Government, in such cases, shall be final:

Provided that no such order shall be made or direction shall be given after the expiration of a period of two years from the date of commencement of this Act.

40 THE ASSAM GAZETTE,