The Assam Industrial Infrastructure Development Corporation Act, 1990
**Registered N o’A— 12***

## THE ASSAM GAZETTE

##### W O T

# EXTRAORDINARY

##### ai« ^ - r a w

#### PUBLISHED BY AUTHORITY

sr 12 fewM’i, iv n fiR R , 14 «rt<t 1991, 25 w , 1912 («r^)

**No. 12** **Uispar, Thursday,** **14th** **February, 1991,** **25th** **Magha,**

**1912 (S. E.)**

##### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH
 DISPUR

 NOTIFICATION

 The 14th February, 1991

 No. LGL. 142/89/112 : The following Act of the Assam
 Legislative Assembly which received the assent of the
 Governor is hereby published for g eneral information.

 I


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4 0 r H E . ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 190

##### ASSAM ACT NO. I OF 1991
 (Received the assent of the Governor of Assam on 8th
 Febru ary , 1991.)
 ASSAM INDUSTRIAL INFRASTRUCTURE
 DEVELOPMENT CORPORATION ACT’ 1990
 A n'
 Act
 to provide for the establishment of
a Corporation for the
##### development of industrial infra structure in the Stale of Assam.

**Preamble** WHEREAS it is expedient to make special

##### provision for securing the orderly establishment of industries in industrial areas, industrial estates,
 growth centres and in establishment of commercial estates for the growth of industries in the State of Assam and t 0 assist generally in the organisation thereof, and for that purpose to establish an In­ dustrial Infrastructure Development Corporation, and for purposes connected w ith the matters afore­ said.
 It is hereby enacted in the Fortieth Year of
 the Republic of India as follows :—

 CHAPTER— 1
 , • PRELIMINARY K
 extcnV’lnd L (1) This Act may be called the Assam Indus-
 comm ence- trial Infra structure Development Corporation Act,

we nt 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
 require d: —
 (a) "am enity” 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 erec­
 tion, 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;


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THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14,1991 41

(c) "Collector” means the Collector of a

district, and includes any officer specially appoin­

ted by the State Government to perform the

functions of a Collector under this A ct;

(d) "Corporation” means the Assam Industrial

Infrastructure Development Corporation estab­

lished under Section 3 ; .....

(e) "Commercial estate” means any site selec­

ted by the State Government where the Corpora­
tion constructs buildings and makes them available
for the purpose of carrying out industrial and

commercial activitie s;

?

(f) "Court” means a principal Civil Court of

original jurisdiction, and includes court of any

Additional District Judge 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 lim it;

(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 re­
clamation and re-development, but does not In­
clude mining operations and "to develop” shall be
construed accordingly ;

(h) "engineering operations” include the for­

mation 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;


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**<2 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14 iS91**

(j) "industry” means any business, trade, un­

dertaking, 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 anv 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;

(1) "industrial estate” means any site selected

by the State Government, where the Corporation
builds factories and other buildings and makes s

them available for any industries or class of

industries;

_9_

(m) the expression "land” and expression

"person interested” shall have the meanings res­
pectively 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 inclu des:—

(i) the garden, grounds and out-houses, if a ny,

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 th er eo f;

(q) the "Lease Deed” means the Agreement

executed between the Corporation and lessees of
plots of land, building and amenities of the Cor­
poration containing the terms and conditions of the
leas e;


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**THE ASSAM GAZETTE. EXTRAORDINARY FBB. 14, 1991** **43**

##### (r) "prescribed” means prescribed by rules
 made under this A ct;

 (s) "State Government” means the State Gov­
 ernment of Assam.
 I - '■ ■ ’•
 CHAPTER—II.
 ESTABLISHMENT AND CONSTITUTION OF
 THE CORPORATION.

 3. (1) There shall be established by the State

**Esta blu h-** Government by notification, a Corporation by the

in ment corpora­and name of the Assam Ind ustrial Infra structure Deve­

**tio n** lopment Corporation for the purpose of securing

##### and assisting in the rapid and ord erly establish­

» ment and organisation 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 pro_ perty both movable and immovable and to con­ tra ct 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. (1) The Corporation shall consist of the fol­

##### lowing mem bers : —

_I_       - ;— —-------'o

##### (a) the Commissioner and Special Secretary
 to the Government of Assam, Industries Dep artm en t;

 fb) the Secretary, Finance Departm ent, Gov­
 ernment of Assam ;*‘ - - * 4 «?-. a - v J®. s? 5® ~ -» - « • ,« > « .a - « x-x e>
 fc) the Secretary, Revenue Departm ent, Gov­
 ernment of x4.ssam ;


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***1 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991**

(d) the Chief Engineer, Assam State Electri­

city Board ;

(e) the Managing Director, Assam Industrial

Development Corporation Limite d;

           -            -

(f) the Managing Director, Assam Small In­

dustries Development Corporation Limi­
ted ;

(g) the Director of Industries, Government of

Assam ;

(h) the Director, Public Enterprises, Govern­

ment 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, quali­
fied 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 In„

stitutions/Banks pursuant to agreement

with the corporation^

5, Th e Commissioner and Special Secretary

to the Government of Assam, Industries Depart­
ment shall be the Chairman of the Corporation;

6. A person shall be disqualified for being

Directorshipnominated 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


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**THE ASSAM GAZETTE, EXTRAORDINARY FEB. 14, 199J** **45**

(c) is an undischarged insolvent, or

(d) has been convicted by court on a charge

of crime involving moral turpitude.

ceSrraand?*- 7 - (1) ([a] ) Every Director of the Corporation

ditions of nominated under Clause (j) of Section 4 shall hold

Dkacw„[of] offices for a period of three years from the date of

his nomination, unless his term of office is termi­
nated earlier by the State Government.

(b) Where a vacancy of any such Director oc­

curs 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 pro.
visions 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 shall, notwithstanding any­
thing contained in this Act, cease to be a Director
of the Corporation as soon as he ceases to hold

that office.

Corpor^ionf 8. The Corporation shall meet at such times and

shall observe such rules of procedures in regard to

the transaction of its business as may be provided
by regulations **made under this Kct,**

on Dirctor-Cessation 9, (i) if a Director;—
ship

(a) becomes subject to any of the disqualifica­

tions mentioned in section 6, or

(b) tenders his resignation in writing to and

such resignation is accepted by the State

1 _ Government, or

(c) is absent without the Corporation’s per­

mission from three consecutive meetings
of the Corporation, or


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**46 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14; 1991**

(d) is convicted of an offence involving moral

turpitude,

he shall cease to be a member of the
Corporation.

Vacancies 10. Any vacancy of a Director of the Corpora­
how to be

**filled** tion shall be filled as early as practicable, in like

manner as if the appointment were being made

originally:

Provided that during any such vacancy the

continuing Directors may act as if no vacancy had
occurred.

abSnc«aof 11- If fhc Chairman of the Corporation is by

Ch airm an , reason of illness or otherwise rendered temporarily

incapable of carrying out his duties, or is granted
leave of absence by the State Government or is
otherwise unable to attend to his duties in cir­

cumstances not involving the cessation of his

Directorship, the State Government may appoint
any other Director to act as the Chairman of the
Corporation and he shall carry out his duties and

functions by or under this Act until the Chairman

resumes his duties.

lesumed”[8] 12. No disqualification of or defect in the

vaifd °d and appointment of any person acting as the Chairman

or a Director of the Corporation shall vitiate any
act or proceedings of the Corporation, if such act

or proceeding is otherwise in accordance with the

provisions of this Act.

**emp1oyeen** **of** 13. (1) The State Government shall appoint a

the corpora- Managing Director who shall be the Chief Execu­

tion.
t [|]V e [ officer of the Corporation.]

#[>] - gigfl b-Zit 1

(2) The Corporation may appoint such other

officers and employees subordinate to the Manag­
ing Director as it considers necessarv for the effi­
cient performance of its duties and functions.


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THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 199i 47

(3) The conditions of appointment and service

of the officers and employees and their scales of

pay shall—

(a) as regards the Managing Director, be such

as may be prescribed; and

(b) as regards the other officers and emplo­

yees, be such as may be determined by

regulations made under this Act.

(4) If the Managing Director of the Corpora­

tion is temporarily absent, or rendered incapable
of performing his duties for any reason whatso­
ever, not involving the vacation of his office, the
State Government may appoint another* person to
act in his place during his absence. Such person

shall vacate office on the date the Managing Direc­
tor resumes his duties,

C toPa°b?oAn 1 4 - (1) The Corporation shall take over and

certain staff employ such of the existing staff serving for

sTme^b^ga-^he Infrastructure development purposes with the

non of stateAssam Industrial Development Corporation Limi-

pecVormat-ted, the Assam Small Industries Develop-

whi hthi» [m e n] t Corporation Ltd. the Directorate of

Act Tppii’es Industries a s the State Government may direct and

every person so taken over and employed shall

be subject to the provisions of this Act and the

rules and regulation made thereunder:

Provided that the conditions of service of the

members of the staff who are taken by the Corpo­
ration shall in no wa y be less advantageous than
those which were applicable to them immediately

prior to their absorption.

(2) All permanent employees taken over and

employed by the Corporation under sub-section (1)
above shall have a lien, on their respective posts


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_M THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991_

in the service of the State Government and the

respective Corporation and the period of their

services under the Corporation shall on their

reservation to the service of the State Government
and the parent Corporation be counted for their
increments, pension and other matters relating

to their service.

(3) All obligations incurred, all contracts

entered into and all matters and thinks engaged
to be done before the first constitution of the

Corporation by, with or foi' the State Government
or Assam Industrial Development Corporation

Ltd., Assam Small Industries Development Cor­

poration Ltd. and Directorate of Industries for

any of the purposes of this Act in respect of any
schemes for the development of industrial areas
or industrial estates, commercial estates or

growth centres entrusted to the Corporation shall
be deemed to have been incurred, entered into or
engaged to be done by, with or for the Corporation;
and accordingly all suits or other legal proceed­
ings instituted or which might have been institu­
ted by or against the State Government or the

Assam Industrial Development Corporation

Limited, the Assam Small Industries Development
Corporation Limited and the Directorate of

Industries, as the case may be, may be continued

or instituted by or against the Corporation.

(4) All expenditure which the State Govern­

ment or the Assam Industrial Development Cor­

poration Ltd. the Assam Small Industries Deve­

lopment Corporation Ltd., and the Directorate

of Industries may have incurred before the date

of the coming into force of this Act in connection

with any of the purposes of this Act shall be deem­

ed to be a grant to the Corporation under section 22

of this Act on that date, and assets acquired by
such expenditure shall vest in the Corporation.


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**THE AS SA M GAZETTE, EXTRAORDINARY.** **FEB. 14, 1991 49**

CHAPTER III

FUN CTIONS AND POW ERS OF THE CORPO­

RATION.

15. The functions of the Corporation shall

**Fu cctiooi. b e—**

(i) generally to promote and assist in the

rapid and orderly establishment, growth

and development of industries, trade and

commerce, in the State of Assam; and

(ii) in particular and without prejudice to

the generality of clause (i)—

(a) to establish and manage industrial and

Commercial estates at places selected by

the State Government;

(b) to develop industrial areas and growth

centres selected by the State Govern­

ment for the purpose and make them

available for undertakings to establish

themselves;

(c) to undertake schemes or works, either

jointly with other corporate bodies or

institutions, or with local authorities, or
on an agencv basis, in furtherance of

the purposes for which the Corporation

is established and all matters connected
therewith ;

(d) to provide or cause to be provided amen­

ities and common facilities in industrial

estates, commercial estates and industri­
al areas and growth centres and cons­

truct and maintain or cause to be main­
tained works and buildings therefor;

(e) to make available plots of land build­

ings, and amenities on lease/licence/hire or


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50 THE ASSAM GAZETTE, EXTRAORDINARY, fEB. 14, 1981

sale to industrialists or persons intending
to start industrial undertakings;

(f) to construct buildings for the housing of

the employees of such industries and

employees of the Corporation; and

(g) to div er sify its ac tiv ities with prior app­

ro va l of the Go vt, if such diversificatio n is

deemed ne cessary for prop er functio ning
of the Corporation.

w^ra'ofthr S u b l e c t the othe r provisions of this

Cpororation Act, the Co rporation sh all ha ve pow er -
... •                             - .. VK'-’W-- gr~y.
" [r]- -A.

(a) to acqu ire and hold such prop erty, both

mov ab le and im movable, as the Co rp ora­
tion may deem ne cessary for the per fo r­

o

mance of an y of its activ ities, and to

lease, sell, exch an ge or othe rw ise tran s­
fe r an y pro per ty held bv it on such con­
ditions as m ay be deemed prop er b v the
Corporation:

fb) to pu rcha se by ag reem en t or to take on

lease or un der an v form of tenan cy any

lan d, to erect such bu ild ings and to exe­

cute such other wor ks as may be necess­

ary for the purpose of ca rr yi ng out its

duties and fun ctions:

(c) to allot plots, fa ct ory sheds or bu ildings

or pa rts of buildings, includ ing reside n­
tial teneman ts and am enities to suita ble
perso ns in the indu strial and com mercial

estates gr ow th cen tres, and industria l

areas established or de velope d bv the

Co rporation and to ex ec ut e lea se deed or
an v other agreem ent wher ev er necessa rv;

(d) to mod ify or rescind such allotments,

includ ing the righ t and po wer to ev ict the

allottees concerned on brea ch of an y of


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**THE** ASSAM GAZETTE, EXTRAORDINARY, **FEB, 14, 1991 51**

##### the terms and conditions of the lease deed
 or any other agreem ent;
 w s s i
 (e) to constitute advisory committees to
 advise the Corporation ; ..ngn
 (f) to engage suitable consultants or persons
 having special knowledge or skill to ass­ ist the Corporation in the performance of its functions; " ' , z ■ \ ■
v

##### (g) to enter into and perform all such con­
 tracts as it may consider necessary or
 expedient for carrying out any of its
 functions ; and ..* ’.... - ..
 ” -..... —s—y.......
 (h) to do such ot he r things and pe rfor m
 such acts as it may ihink necessary or
 expedient for the proper conduct of its
 functions and for carrying into effect the purposes of this Act.

 tlon^foXrs 17. All permissions, orders, decisions, notices
 and docu- other documents of th e Corporation shall be auth-
 CorporaL>ne n ti c a t e d by the signature of the Managing
 Director of the Corporation or any other officer
 authorised by the Corporation in this behalf.

**Power** **to** 18. Notwithstanding anything contained in

**charge.levy service** any contract or in any law for the time being in

##### force, it shall be law ful for the Corporation to
 levy development cost, fees or service charges to cover its expenses on construction and mainte­
 nance of roads, drainage, water-su pply 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 or charges may be levied on the
 plot holders or other persons receiving benefit of the services or amenities.


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52 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 1991

byrthe’state i 1 9 - The State Government may issue to the

Government 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.

CHAPTER— IV

FINANCE, ACCOUNTS AND AUDIT

**Application**
**of Corpora­** 20. All property, fund and other assets
**tions assets.** vesting in the Corporation shall be held and

applied by it, subject to the provisions, and for

the purposes of this Act.

**Corporation**
**fund.** 21. The Corporation shall have and maintain ©

its own fund to which shall be credited—
'1

(a) all moneys received by the Corporation

from the State Government by way of

grants, equity contribution, subventions,

loans, advances or otherwise;

(b) all fees, costs and charges received by the

Corporation under this A c t;

(c) all moneys received by the Corporation

from the disposal of lands, buildings and

other properties movable and immovable
and other transactions;

(d) all moneys received by the Corporation by

way of rents and profits or in any other

manner or from any other sources;

(e) all moneys received by the Corporation

from Government undertakings, Compa­

nies, Financial Institutions, Commercial

Banks or from any other sources.


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TH E ASSAM GA ZETTE. EX TR AO RD INAR Y FEB. 14, 1991 53

**Granteg,snbicripticns** 22. The State Government may after due

**loans and** appropriation made by the State Legislature by

l a w i n
to ^h”[c]cor- “this behalf make such equity capital, grants,

**poration.** subscriptions, loans and advances to the Corpora­

tion as it m ay deem necessary for the performance
of the functions of the Corporation under this Act,

and all grants, subvention, loans and advances

made shall be on such terms and conditions, as the
State Government may after consulting the

Corporation, determines.

Power of 23. (1) The Corporation may, from time to

**Corporation time, with the previous** sanction of the State

l°(ib°gu;^n-Government and subject to the provisions of this

tee of loans. Act and to such conditions as may be prescribed

in this behalf, borrow any sum from open market
or from Bank or financial institution required for
the purposes of this Act.

(2) Rules made by the State Govern­

ment for the purposes of this section may em­

power the Corporation to borrow by the issue of

bonds or stock or otherwise.

(3) The maximum amount which the Corpo­

ration may at any time Rave on loan under sub­
section (lj shall be rupees fifty crores unless the
State Government with the approval of the State
Legislative Assembly, fixes higher maximum

amount-
: .. ...
-• ' *1

(4) The State Government may guarantee in

such manner as it thinks fit the payment of the
principal and interest of any Ioan proposed to be
raised by the Corporation or of either the principal
or the intere st:

Provided that the State Government shall,

as long as any such guarantees are in force, lay

before the State Legislative Assembly in every

year during the first session of the State Legisla­

tive Assembly, 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


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**54 THE ASSAM GAZETTE, EXTRAORDINARY VFB. 1** **19S1**

Revenues by reason of any such guarantees or

paid in to the State Revenues towards repayment
of any money so paid out.

Depowte. 24 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, building or shed is made

or is likely to be made in furtherance of the objects
of this Act.

«hCTrfundsn.d 25.(1) The Corporation shall make provisions

for such reserve and other specially denominated

funds as the State Government mav, from time

to time, direct.

.e

(2) The management of the funds referred to

in sub-section (1), the sums to be transferred

from time to time to the credit therein and the <e>

application of money comprised therein shall be

determined by the Corporation.

(3) The funds referred to in sub-section (1)

shall not be utilised for any purpose other than

that for which it was constituted without the

previous approval of the State Government.

Expenditure
from funds. 26 (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 22 or from the reserve and other

funds referred to in Section 26, as the case may be

(2) Without prejudice to the generality of the

power conferred by sub-section (1), the Corpora­
tion 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 indus­
trial and commercial estates or industrial areas,

and growth centres, of any of the statutory func­
tions of such authority or undertaking, including

expenditure incurred in the acqusition of land,


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THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 55

(3) The Corporation shall have authority **to**

advance loans, with or without security or inter­
est, to its employees on such terms as it deems fit.

programme 2 7 - C1 ) T he Corporation shall, by such date

**of work,** 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 yea r in such

form and detail 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 varia­

tions and reappropriations out of the sanctioned
budget, are brought to the notice of the State

Government.

**Accounts a ,d** gg q ) The Corporation shall maintain books

of accounts and other books in relation to its

business and transaction in such form,

and in such manner, as m ay be prescribed.

_.....................'_ _......................................._

(2) The accounts of the Corporation shall be

audited bv an auditor appointed by the State

Government in consultation with the Controller

and A uditor-General of India.

(3) As soon as the accounts of the Corpora­

tion are audited the Corporation shall send a

copy thereof together with the copy of the report of

the auditor thereon to the State Government.

(4) The State Government shall cause to be

forwarded the accounts of the Corporation

together with the audit report thereon to it un­
der sub-section (3) to be laid annually before

the State Legislative Assembly.


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55 7 HE ASSAM GAZETTE EXTRAORDINARY, FEB- 14, 1991

**Concurrentand special** 29.(1) Notwithstanding anything contained
**audit** **of** in the last preceding section, the State Govern­

**accounts.** ment may, by order, direct that the re 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 particu lar 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 fur­
 nish to the person appointed under sub-section
 (1), such information as the said person nn;
 req uire for the purpose of audit.

 CHAPTER-V 9
 APPLICABILITY OF CERTAIN LAWS

**Application** <5
**of Assam** 30.(1) The State Government may, xx of 1976.
**public pre­** by notification, provide that from such
**mises (Evic­**
**tion of un­** date as is stated therein, the Assam Pub­
**authorised** lic Premises (Eviction of Unauthorised
**Occupants)**

**Act, 1971.** Occupants) Act, 1971, shall, subject to

##### the provisions of sub-section (2). apply
 to the premises belonging to vesting in
 or leased by the Corporation. ’ ■ ' ' ...’ .. "ATT...
 (2) On a notification being issued
 under sub-section (1), the aforesaid Act and the rules made the reunder shall ap­ ply to premises of the Corporation with the following modification, nam ely :—

 (a) the State Government shall ap­
 point an officer of the Corpora­ tion who is holding or has held office whether under the Govern­ ment or the Corporation, which
 in the ooining of the State Go­
 vernment. is not lower in rank
 than that of a Deputy Collector or an Executive Engineer, to be the
 Estate Officer for the purposes


-----

of the aforesaid Act and one or
more officers may be appointed

as Estate Officers for different

areas or for the same area ;

(b) reference to 'pub lic premises”

in that Act and those rules shall
be deemed to be reference to

premises of the Corporation and
references to the '"State Govern­
ment” in sections 6, 13 and 15 A
thereof shall be deemed to be

references to the Corporation.

Non-appii- 31. (1) The Assam Urban Areas AssamAct

of
cenain Acts Rent Control Act, 1972 shall not

apply -

(a) to any premises belonging to or

vesting in or leased by the Cor­

poration under or for the pur­

poses 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) The State Government may, by

notification published in the official Gaz­

ette, declare that such of the provisions
of the Assam Town and Country Plann­
ing Act, 1959 shall not apply to the noFmo'
premises belonging to or vested in the

Corporation or to any industrial area,

industrial estate, growth centre or com­

mercial estate for a period of ten years

from the date of commencement of this

Act. .


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58 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991

(3) The State Government may, by

notification exempt any such premises or

estate as aforesaid from any of the provi- 2^^1957

sions of the Assam Municipal Act, 1956 or
such period, not exceeding ten years, as

may be specified in the notification.

CHAPTER - VI.

ACQUISITION AND DISPOSAL OF LAND.

Acquisition
of land. 32. Whenever any land is required by the

Corporation for any purpose in furtherance of -theobjects of this Act, but the Corporation is unable _9_

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 land
were needed for a public purpose within the

meaning of that Act and upon compliance of the
provisions of that Act, the land so acquired shall
vest in the Corporation.

**Transfer of** 33. For furtherance of the objects of this

LandTThe Act, the State Government may, upon such con-

**Corporation -ditions as may be agreed upon between the State**

Government and the Corporation, place at the

disposal of the Corporation any land vested in the

State Government.

fin’db'the _$4. Subject to_ any direction given by the

**Corporation.State** Government the Corporation may dispose

of any such land vested in the Corporation under

Section 32 or placed at its disposal under Section
33 or acquired by it by agreement to such person
in such manner and subject to such terms and
conditions as it considers expedient for serving

the purposes of this Act.


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**THE AS SAM GAZETTE, EXTRAORDINARY FEB. ,** 14 1&91 59

CHAPTER - VII.

SUPPLEME NTAR Y AND MISCELLANEOUS

PROVISIONS.

**Power of the**

**Corporation** 35. (1) If the Corporation after holding a

certX[e]defa-l°c a l e n Qu iry or upon report from any of its

uhs by owner officers or other information in its possession, is

indistHa'[11] satisfied that the owner of any land in an indus-

area. trial 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 permis­

sion 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 Govern­

ment may by order fix, from the date when

demand for the expenses is made until payment,
shall be recoverable by the Corporation from the
owner.

o.derofde- 36. (j) Where the erection of any building in

bSung.[0] an industrial area, industrial estate, commercial

estate or growth centre 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 an erection shall be

demolished by the owner thereof within such

period not exceeding two months as may be speci­
fied in the order, and on the failures of the owner
to comply with the order, the officer may himself
cause the erection to be demolished and the

expenses of such demolition shall be recoverable

by the Corporation from the ow ne r:

Provided that no such order shall be made

unless the owner has been given a reasonable

opportunity to show cause wh y the order should
not be made.

(2) An y 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 Corporation, and the Corporation

may after hearing th'e parties to the appeal either
allow or dismiss the appeal or reverse or vary

any part of the order.

(3) The decision of the Corporation on the

appeal and subject only to such decision, the

order made by the officer under sub-section (1)
shall be final.

PoWhr -id? 37.(1) Where the erection of any building

op°elraHon.[ins]i[n a n] industrial area or industrial estate or com­

mercial estate op growth centre has been comme­

nced, or is being carried on, or any existing bu­
ilding 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


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THE ASSAM GAZETTE. EXTRAORhlNARV FEB 14 1991 61

requiring the building operation 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 accor-
dinrtlv >5^

«
(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 buil­

ding is not continued.

(4) An y person failing to comply with an

order made under sub-section (1) shall, on con­

viction, 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 payable to any

person for any demage or loss which he may

sustain inconsequence of any odrer made

under this section.

construcUon 38. (1) An y person, who, whether at his

u aandbu-[o w n] ^n s ^a n c e o r at the instance of any other per-

adingcont- son, undertaken or carries out construction of,

rary to termsO [r alterations to any ] building in an industrial

° ° area or industrial estate or commercial estate

or growth centre, contrary to the terms under

which he holds such building or land under this
Act, shall on conviction, be punishable with fine


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**62 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14 1991**

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 commi­

ssion of the offence.

(2) Any person who uses any land or building

in an industrial area or industrial estate or com­

mercial estate or growth centres contrary to the
terms under which he holds such land or building
under this Act, or in contravention of the pro vi­
sions of any regulations made in this behalf shall,
on conviction, be punishable with fine which' may
extend to five thousand rupees.

prunese^c ^9. (1) Within any area taken up for deve­

lopment under paragraph (b) of clause (ii) of sec­
tion 14, and for the purpose of (a) carrying gas,

water or electricity from a source of supply to,

or (b) constructing any sewers, or drain necessary
for carrying off the working and waste liquids of
an industrial process through any intervening

area, the Corporation or any person empowered in
this behalf by the State Government by notifica­
tion (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,

under over, along or across any land_ in such

areas.           -

(2) The Corporation or the authorised person

may at any time enter upon any land in any

such area and in such event the provisions

of section 49 shall, mutatis mutandis apply.

(3) While exercising the power conferred

b y sub-section (1), the Corporation or the autho­
rised person shall where the land effected in a

street, bridge, sewer, drain or tunnel, cause as

little damage as possible to such property, and

full compensation to all persons interested for


-----

**THE AS SA M GAZETTE, EXTRAORDINARY, FEB** 14, 1991 63

#### any damage sustained by them in consequence of the exercise or such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorised persons, by the State Government.

 (4) Nothing in this section shall authorise
 or empower the Corporation or the authorised
 person to lay down or place any pipe or other
 works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof,
 except that the Corporation or such person may
 at any time enter upon and lay or place any new
 pipe in the place of an existing pipe in any land
 wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down :

##### Provided that nothing in the aforesaid provi­
 sion shall be construed to mean that the Corpora­ tion or other person is forbidden from having the
 said land acquired at any time by the State Govern­ ment in the normal course.

**Po wer** of 40. Any officer of the State Government, any

entry- member of the Corporation, and any person either

##### generally or specially authorised by the Corporation in this behalf, may enter into or upon any land or
 building with or without assistance of workmen for the purpose of—

 (a) making any inspection, survey, measure­
 ment, 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 linse
 of work;


-----

(e) marking such levels, boundaries and lines

by placing marks and cutting trenches;

(f) doing any other thing necessary for the

efficient adm inistration of this Act:

Provided th at —

(i) no such entry shall be made except bet­

ween 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) sufficient opportunity shall in every in­

stance be given to enable women, if any,
to withdraw from such land or building;

(iii) due regard should always be had, so far

as may be compatible with the exigeni-
ous of the purpose for which the entry'

is made, to the social and religious u sa­
ges of the occupant of the land or
building entered.

th^corpora- 41. The State Government may, by notifica­

**tion nay.be tion, nom inate any officer of the Corpo ration to be**

o?hwd P[w«s ] [a][ controller or licensing authority under any law]

            - or the time being in force relating to the procu­
rem ent or distribution of any com modity in res­
pect of the industrial undertakings extablished or to

be established in industrial area, industrial estates

or commercial estate or growth centre entrusted to
or developed by the Co rporation, and no such no ­
mination shall be called into question merely on
the ground that such officer is not an officer of the
State Government.

**Overriding** 42. Notwithstanding anything contained in any

G^Vernment other law, or in any licence or permit, if the State

to issue direc-Government is satisfied either on a recommendation

authoHriOsal made in this behalf by Corpo ration or otherwise,

that the setting up of an industrial undertaking

(whether within an industrial area or outside) is

impeded by a local autho rity’s insistence on con­
ditions which the State Government considers


-----

THE ASSAM GAZETTE. EXTRAORDINARY **FBB 14, 1591 65**

##### 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 there­
 upon the amenity shall be granted :

 Provided that the charge to be paid for grant­
 ing or continuing such amenity to the local autho­
 rity concerned shall not be less than the cost in­
 curred by the local authority or licenses concerned for pioviding such amenity:

 Provided further that no such direction shall
 be issued by the State Government without giving the local authority a reasonable opportunity to show cause against the proposed direction.

 oekr Ceioer a n V P[e r s o n o r] Company applies to the
 missbnB [P]fn’ Collector or any other competent authority for lease

adjoining
o [f Government land or for permission to convert ]

##### uta[8]cases.*' Agricultural land into non-agricultural use for
 setting up of an industrial undertaking or for locating a brick kiln guary or for any other
 use which may be detrimental to the orderly
 growth of an industrial area or industrial estate or 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 com­
 petent authority overrides the objection of the Cor­ poration he shall give reasons therefore in writing to the Corporation, whereupon the Corporation 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 o f:


-----

66

##### Provided also that the provisions of this section
 shall not apply to any village industry, cottage industry or tiny sector industry.

 Explanation :—For the purposes of this
 Section

 (i) the expression “village industry” and
 “cottage industry” shall have the same meaning as assigned 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. 44. Where any notice, order or other document
 n°abie tFmX" i[s s u e] ^ [o r] made under this Act, or any rule or re­
 gulation 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 there­ with.

 Cretins8 45.(1) The Corporation shall furnish to the State

**etc.** ’ 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 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 pres­ cribed 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.


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THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 67

##### ristingareis ^6. The State Government may by notification

**estates and** and subject to such terms and conditions as may be

**GorporaUonf** [s]P[e c] ih[e] d therein, place any industrial area or in-

##### °[n]’dustrial 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 centre
 were established under this Act,

 ^f’^reL’ or' 47. Where the State Government is satisfied
 or paidhat 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 unne­ cessary, the State Government may, by notification declare that such industrial estate or industrial area or part thereof has been removed from the jurisdi­ ction 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 48. (1) Where the State Government is satis-
 °knlorpora fied that the purposes for which the Corporation
t

##### was established under this Act have been substan­
 tially 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, shall vest in or be realisable by, the State Government;

 I

Ua

#### I


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**68** FPE ASSAM GAZETTE EXTRAORDINARY, **FEB,** 14, 1991

(b) all liabilities which are enforceable

against the Corpoartion shall be enfor­

ceable against the State Govrnment.

**prosecution,** 49. Unless otherwise expressly provided no

Court shall take cognisance of any offence relat­
ing 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 authorised by the Corporation by
general or special order in this behalf.

**Compensation** **5 0 .** (1) The Corporation or any person autho-

by corport[r is e c l] by the Corporation by general or special

tion, order in this behalf may, either before or after
the institution of the proceedings, compound any 5
offence punishable by or under this Act.

(2) Where an offence has been componded

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** **5 1 .** **( 1 )** Whenever an offence under this Act,

companies. p,a s be e n 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 deemed to be
guilty of the offence and shall be liable to be pro­
ceeded 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 con­
sent or connivance of, or is attributable to any

neglect on the part of any director, manager secre­
tary or other officer of the company, such director,


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**THE ASSAM GAZETTE. EXTRAORDINARY FEB.** 14, 1991 **69**

##### 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.

 Explanation—for the purposes of this section—

 (a) “company” means any body corporate,
 and includes a firm or other association of individuals ; and

 (b) “director” in relation to a firm, means
 a partner in the firm.

 penait for P[e r s o n] who obstructs the entry of a obs"ruction, person authorised under Section 49 to enter into
 or upon any land or building or molestes such per­ son 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 a term which may extend to six
 months or with fine which may extend to one
 thousand rupees, or with both.

 dues[Very] °[f] m o n e y 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 appli­ cation made by the Corporation in that behalf, be recoverable as such demand.

 Power to 54. (1) The State Government, may by notifica-

make rules. tion, make rules to carry out the purposes of this

##### Act:

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

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


-----

**70 THE ASSAM GAZETTE, EXTRAORDINARY FEB.** 14, 1991

##### provide for all or any of the following matters, namely:— :;' e . v ; ■
 (a) the fees and allowanceTpayable to the
 directors of the Corporation ;

 (b) the conditions of appointment and ser­
 vice and the scale of pay of the Mana­ ging Director of the Corporation;

 (c) the conditions subject to which the Cor­
 poration 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 other 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 Cor­
 poration may dispose of laud, 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


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**THE AS SAM GAZETTE. EXTRAORDINARY. FEB. 14, 1991 71**

##### 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 vali­
 dity of anything previously done thereunder.

 2 X r'°  55. (1) The Corporation may, with the previous
 ”rion.[regu]" approval of the State Government, make regulation
 consistant with this Act, and the rules made there­ under, to carryout the purposes of th[;]s Act and
 without 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 ser­
 vice and the scales of pay of officers and employees 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 land, buildings and ame­ nities;
 (e) the additional terms and conditions sub­
 ject to which lands and building industri­
 al area, industrial estate, commercial
 estate and growth centre, may be held oi used;
 (f) the procedure and conditions of allotment
 of premises and modification cancella­
3
##### tion and recession thereof ;
 (g) the manner of publication of public
 notice and the manner of Service of Notices, Orders, Documents of the
 Corporation;
 (h) any matter which has to be or may be
 provided by regulation-


-----

_n THE ASSAM GAZETTE. EXTRAORDINARY FE8, 14, 1991_

##### (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 preju­ dice to the validity of anything previously done thereunder

**Protection or** 56 No suit, prosecution or other legalprocee-

##### Fn goodff^ith^’n 8s shall he 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.
 Members 57. The members of the Corporation and the
 staffeofCod-Offic e r s a n d employee of the Corporation shall,
r

**pcation to when acting or perporting to act, in pursuance o f'**
##### <£ "bhc any of the provisions of this Act be deemed to be
fva[n] s

##### public servants within the meaning of section
 21 of the Indian Penal Code.
 Effect of 58 The provision of this Act shall have effect
 notwithstanding anything inconsistent therewith
 “ th other contained in any other law-

**laws.**

**Power to r«-** 59. If any doubt or difficulty arises in giving

##### “°[V]difficuU[e] ff[e c t t o] the provisions of this Act, State Govern-
 ties. ment may, by order make provision or give such direction not inconsistent with the express provi­ sions of this Act, as may appear to it to be nece­ ssary or expedient for the removal of the doubt or difficulty and the order of the State Government, in such cases, shall be final :
 Provided that no such order shall be mad* or
 direction shall be given after the expiration of a period of two years from the date of commence­ ment of this Act.
 K. LASKAR,
 Secretary to the Govt, of Assam,
 Legislative Departm ent.

G U W a H ATI - i" '( it ed a, **d published by thr Oy. Director (P), Directorate of Ptg. an?**

Sty. ->« -n .                        - owaii. ,i —21 (E x --.azetie) a 23—*<75—,'CC— ’ 4 2 I-9i


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