Gujarat Industrial Development Act, 1962*
| [Gujarat Act No. 23 of 1962] | [16th January, 1962] |
An Act to make special provision for securing the orderly establishment of industries in industrial areas and industrial estates in the State of Gujarat, and to assist generally in the organization thereof, and for that purpose to establish an Industrial Development Corporation, and for purposes connected with the maters aforesaid.
It is hereby enacted in the Thirteenth Year of the Republic of India, as follows:-
* (Received the assent of the President on 16th January, 1962 and published in the "Gujarat Government Gazette" on the 9th August, 1962)
Chapter-I - Preliminary
CHAPTER I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Gujarat Industrial Development Act, 1962.
(2) It extends in the whole of the State of Gujarat.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "amenity" includes road, supply of water or electricity, street lighting, drainage, sewerage, conservancy and such other convenience as the State Government may, by notification in the Official Gazelle, 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;
(c) "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 Gujarat Industrial Development Corporation established under section 3;
(e) "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 change in any building or land, and includes re-development, but does not include mining operations; and "to develop" shall be construed accordingly;
(f) "engineering operations" include the formation or laying out of means of access to a road or the laying out of means of water supply;
(g) "industrial area" means any area declared to be an industrial area by the State Government by notification in the Official Gazette, which is to be developed and where industries are to be accommodated;
(h) "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;
(i) "means of access" includes a road or any means of access, whether private or public, for vehicles or for pedestrians;
(j) "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;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "regulation" means regulation made under section 54;
(m) "relevant land acquisition law" means-
(i) in the Bombay area and the Kutch area of the State of Gujarat, the Land Acquisition Act, 1894 (I of 1894) as in force in those areas;
(ii) in the Saurashtra area of the State of Gujarat, the Land Acquisition Act, 1894 (I of 1894) as applied to that area; and
(iii) the Gujarat Land Acquisition (Industrial Areas) Act, 1961 (Guj. XLVI of 1961);
(n) the expression "land" and the expression "person interested" shall have the meanings respectively assigned to them in the relevant land acquisition law.
Chapter-II - Establishment and Constitution of the Corporation
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION
3. ???.- (1) For the purposes of securing and assisting in the rapid and orderly establishment, and organization of industries in industrial areas and industrial estates in the State of Gujarat, there shall be established by the State Government by notification in the Official Gazette, a Corporation by the name of the Gujarat Industrial Development Corporation.
(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.
4. ???.- (1) The Corporation shall consist of the following seven members, that is to say-
(a) two official members nominated by the State Government, of whom one shall be the Financial Adviser to the Corporation;
(b) one member nominated by the State Electricity Board constituted under the Electricity (Supply) Act, 1948 (LIV of 1948);
(c) one member nominated by the Gujarat Housing Board constituted under the Gujarat Housing Board Act, 1961 (Guj. XXVIII of 1961);
(d) two members nominated by the. State Government, from amongst persons appealing to it either to be qualified by reason of experience of, and inability in, industry or trade or finance or to be suitable to represent the interests of persons engaged or employed therein; and
(e) the Chief Executive Officer of the Corporation, ex-officio, who shall also be the Secretary of the Corporation.
(2) The Shite Government shall appoint one of the members of the Corporation to be Chairman of the Corporation and may appoint one of the other members as Vice-Chairman.
5. Disqualification for ???.- A person shall be disqualified for being nominated as a member of the Corporation, if he-
(a) is an employee of the Corporation, not being the Chief Executive, Officer thereof, or
(b) is of unsound mind and stands so declared, by a competent court, or
(c) is an undischarged insolvent.
6. ??? of office and ??? of ???.- (1) The Chairman, Vice-Chairman (if any) and members of the Corporation nominated under clauses (a) to (d) of sub-section (1) of section shall hold office for a period upto the end of two years from the date of their nomination as members.
(2) The members of the Corporation nominated under clause (a) or (e) of sub-section (1) of section 4 shall be entitled to draw such salary and allowances as may be prescribed. Such reasonable additional remuneration, as may be fixed by the Slide Government, may be paid to any member for extra or special services required to be rendered by him.
(3) The members of the Corporation nominated under clause (b), (c) or (d) of sub-section (1) of section 4 shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or of any Committee thereunder or appointed in connection with the work undertaken by or for the Corporation, as may be prescribed.
(4) Any person nominated as a member shall, unless disqualified, be eligible for renomination.
7. ??? of Corporation.- (1) The Corporation shall meet at such times and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transactions of its business as may be provided by regulations.
(2) A member, who is ??? indirectly concerned or interested in any contract, loan, arrangement or proposal entered bun or proposed to be entered info, by or on behalf of the Corporation, shall at the earliest possible opportunity disclose the nature of his interest the corporation and shall not be present at any meeting of the Corporation when the contract, loan, arrangement or proposal is discussed, unless his presence is required by the other members for the purpose of eliciting in format ion, and shall not vote thereon:
Provided that, a member shall not he deemed to be concorned or interested as aforesaid by reason only of his being a share-holder of a company concerned in any such contract, loan, arrangement or proposal.
8. Cessation of membership.- (1) If a member-
(a) becomes subject to any of the disqualifications mentioned in section 5, or
(b) tenders his resignation in writing to, and such resignation is accepted by, the State Government, or
(c) is absent without the Corporation's permission from three consecutive meetings of the Corporation, or from all meetings of the Corporation for three consecutive months, or
(d) is convicted of an offence involving moral turpitude, he shall cease to be a member of the Corporation.
(2) The State Government, may by order suspend from office for such period as it thinks fit, or remove from office any member of the Corporation, who in its opinion-
(a) has refused to act, or
(b) has become incapable of acting, or
(c) has so abused his position as member as to render his continuance on the Corporation detrimental to the interest thereof or of the general public, or
(d) is otherwise until to continue as a member.
9. Vacancies how to be filled.- Any vacancy of a member of the Corporation shall be filled as early as practicable, and in like manner as if the nomination were being made initially:
Provided that, during any such vacancy the continuing members may act as if no vacancy had occurred.
10. Temporary absent of members.- (1) If the Chairman or any other member, of the Corporation is by 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 circumstances not involving the creation of his membership under section 8, the State Government may appoint another person to act in his plate and carry out duties and functions entrusted to him by or under this Act ??? such Chairman or member, as the case may be, resumes his duties.
(2) If a Vice-Chairman has been appointed in the absence of the Chairman the, Vice-Chairman shall be competent to carry out the duties and functions of the Chairman.
11. Proceeding presumed to be good and valid.- No disqualification of, or defect in the appointment of any person acting as the Chairman or Vice-Chairman or a member of the Corporation, shall vitiate any act or proceeding of the Corporation, if such act or proceeding is otherwise in accordance with the provisions of this Act.
12. Officers and servants of corporation.- (1) The State Government shall appoint a Chief Executive Officer, and a ??? Accounts Officer of the Corporation.
(2) The Corporation may appoint such other officers and servants, subordinate to the officers mentioned sub-section (1), as it considers necessary for the efficient performance of its ??? and ???.
(3) The conditions of appointment and service of the officers and servants and their scales of pay shall-
(a) as regards the Cheif Executive Officer and the Chief Accounts Officer, be such as may be prescribed, and
(b) as regards the other officers servants, be such as may be determined by regulations.
Chapter-III - Functions and Powers of the Corporation
CHAPTER III
FUNCTIONS AND POWERS OF THE CORPORATION
13. Functions.- The functions of the Corporation shall be-
(i) generally to promote and assist in the rapid and orderly establishments growth and development of industries in the State of Gujarat and
(ii) in particular and without prejudice to the generality of clause (i) to-
(a) establish and manage industrial estates at place selected by the State Government;
(b) develop industrial area selected by the State Government for the purpose and make them available for undertakings to establish themselves;
(c) develop land on its own account or for the State Government for the purpose of facilitating the location of industries thereon;
(d) assist financially by loans industries to move their factories into sum estates or areas;
(e) 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.
14. Central powers of Corporation.- Subject to the provisions of this Act the Corporation shall have power-
(a) to acquire and hold such property, both movable and immovable as the Corporation may deem necessary for the performance of any of 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;
(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;
(c) to 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 therefor;
(d) to make available buildings on hire or sale to industrialists or persons intending to start industrial undertakings;
(e) to construct buildings for the housing of the employees of such industries;
(f) (i) to allot factory sheds or such buildings or pans of buildings, including residential tenements to suitable persons in the industrial estates established or the industrial areas developed by the Corporation;
(ii) 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 their allotment;
(g) to constitute committees from amongst its members to perform any of its functions;
(h) to constitute advisory committees to advise the Corporation;
(i) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its fund ions;
(j) subject to the previous permission of the State Government, to delegate any of its powers generally or specially to any of its committees or officers and to permit them to re-delegate specific powers to their subordinates;
(k) to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of its functions; and
(l) to do such other things and perform such nets as it may think necessary or expedient for the proper conduct of its business and the carrying in to effect the purposes of this Act.
15. ??? of ??? and ??? corporation.- 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 or any other Officer authorized by the Corporation in this behalf.
16. ??? any ??? as ??? area ??? Act.- Notwithstanding anything contained in sub-section (3) of section 187 of the Bombay District Municipal Act, 1901 (Bom. III of 1901), or any provision corresponding thereto in any law for the time being in force in any part of the State, the State Government may, by notification in the Official Gazette-
(a) declare, that the provisions of Chapter XIV and any other provisions of that Act, shall extend to and be brought into force in, any industrial area, and thereupon such area shall be deemed to be a notified area under Chapter XIV of that Act;
(b) appoint the Corporation or any officer or committee thereof for purposes of clause (c) of sub-section (1) of section 188 of thad Act;
(c) provide that the provisions of any other law relating to local authorities which is in force in that, area shall cease to apply, and thereupon such provisions shall cease to apply thereto;
(d) make such other provision as is necessary for the purposes of enforcement of Chapter XIV of that Act in that area.
17. ??? by ??? State Government.- The Stile Government may from time to nine issue to the Corporation such general or special directions of policy as it thinks necessary or expedient for the purpose of 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
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
18. ??? Corporation ???.- All properly funds and other assets nesting in the Corporation shall be held and applied by it, subject to the provisions of and for the purposes of this Act.
19. Corporation ???.- (1) The Corporation shall have and maintain its own funds, to which shall be credited-
(a) all moneys received by the Corporation from the State Government by way of grants, subventions, loans, advances or otherwise;
(b) all fees, costs and charges received by the Corporation under this Act;
(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 source.
(2) The Corporation may keep in current or deposit account with the State Bank of India or any other Bank approved by the State Government in this behalf such sum of money out of its fund as may be prescribed and any money in excess of the said be invested in such manner as may be approved by the State Government.
(3) Such account shall be operated upon by such officers of the Corporation as may be authorised by ???.
20. Grants, ??? and advances to Corporation.- The State Government may make such grants, ???, loans and advances to the Corporation as it may deem necessary for the performance of the functions of the Corporation ???, subventions, loans and advances made shall be on such terms and conditions as the State Government may after consulting the Corporation determine.
21. Power of Corporation to borrow.- (1) The Corporation may, subject to such conditions as may be prescribed in this behalf, borrow money in the open market or otherwise with a view to providing itself with adequate ???.
(2) All moneys borrowed under sub-section (1) may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rates and such conditions as the State Government may determine at the time the moneys are borrowed.
22. Deposits.- The Corporation may accept deposits on such conditions as it deems lit 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 this Act.
23. Reserve and ??? funds.- (1) The Corporation shall make provision for such reserve and other Specially denominated funds and in ??? and to such ??? as the State Government may, from time to time, ???.
(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) None of the funds referred to in sub-section (1) shall be utilised for any purpose other than that for which it was constituted, without previous approval of the State Government.
24. Expenditure from funds.- (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 19 or from the, reserve and other funds referred to in section 23, as the case may be.
(2) Without prejudice to the generality of the power conferred by sub-section (1), the Corporation may contribute such 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 the ??? functions of such authority or undertaking, including expenditure incurred in the acquisition of land.
(3) No expenditure other Dion capital expenditure shall be incurred by the Corporation out of moneys borrowed or ??? by way of deposits.
25. ??? and ??? work.- (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 ??? statement and the ??? of work for the succeeding financial year.
(2) The annual financial statement shall show the ??? receipts and expenditure during the succeeding ??? year in such form and detail as may he prescribed.
(3) With the approval of the State Government the Corporation shall be competent to make variations in the ??? in the course of the year:
Provided that fill such variations and re appropriations out of the sanctioned budget are brought to the notice of the Stat Government by a supplementary financial statement.
(4) A copy each of the annual financial ??? and the program he of work and the ??? financial statement, if any, submission to the Stat Government as soon as may be, shall be placed before the State Legislature.
26. ??? audit.- (1) The Corporation shall maintain hooks of account and other bocks in relation to its business and transactions in such form and in such manner, as may be prescribed.
(2) The accounts of the Corporation shall be ??? by an auditor appointed by the State Government, in consultation with the Corporation and Auditor General of India.
(3) As soon as the accounts of the Corporation 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 the accounts of the Corporation together with the audit report thereon forwarded to it under sub-section (3) to be laid annually before the State Legislature.
27. ??? special ??? of ???.- (1) Notwithstanding anything contained in section 26, the State Government may order that there shall he concurrent audit of the accounts of the Corporation by such person as it thinks fit. The State Government may also direct a special audit to be made 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) The, State Government may pass such orders on the report of the ??? audit and the Corporation shall he hound to comply with such order.
(3) The report on the special audit shall be laid before the State Legislature.
(4) 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.
Chapter-V - Application of Government Premises (Eviction) Act, and Non-Application of Rent Control Acts to Corporation Premises
CHAPTER V
APPLICATION OF GOVERNMENT PREMISES (EVICTION) ACT, AND NON-APPLICATION OF RENT CONTROL ACTS TO CORPORATION PREMISES.
28. Application of Bombay Government Premises (Eviction) Act, 1955 to Corporation Premises.- (1) The State Government may, by notification in the Official Gazelle, provide from such date as is stated therein that the Bombay Government Premises (Eviction) Act, 1955 (Bom. of 1956) shall apply to premises belonging to, vesting in, or leased by, the Corporation as that Act applies in relation to Government promises, but subject to the provisions of sub-section (2).
(2) On a notification being issued under sub-section (1), the aforesaid Act and the rules under thereunder shall apply to Corporation premises with the following modifications, that is to say;-
(a) the State Government shall appoint an officer who is holding or has held other whether under the Government or the Corporation, which in the opinion of the State Government is not lower in rank ??? that of a Deputy Collector or an incentive ??? to be the competent authority for the purposes of the aforesaid Act;
(b) reference to "Government premises" in that Act, and those rules shall be deemed to be reference to "Corporation premises", and references to "the State Government" in sections 1, 5, 6 and 9 shall he deemed to be references to the Corporation.
29. Non-application of ??? Control Act to Corporation premises.- The Bombay Rents, Hotel and bodging House Rates Control Act, 1947 (Bom. LVII of 1947), or any other law corresponding thereto for the time being in force in any part of the State-
(a) shall not apply to any premises belonging to or vesting in the Corporation under or for the purposes of this Act;
(b) shall not apply as against the Corporation to any tenancies or like relationship created by the Corporation in respect of any such premises,
(c) but shall apply to any premises let to the Corporation.
Chapter-VI - Acquisition and Disposal of Land
CHAPTER VI
ACQUISITION AND DISPOSAL OF LAND
30. Compulsory acquisition of land for Corporation.- (1) Whenever any land is required by the Corporation for any purpose in furtherance of the objects of the Act, but the Corporation is unable to acquire it by agreement, the State Government ???, upon an application of the Corporation in that behalf order proceedings to be taken under the relevant land acquisition law for acquiring the same on behalf of the Corporation as it such lauds were needed for a public purpose within the meaning of the relevant land acquisition law.
(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.
31. Amendment of section 17 of Land Acquisition Act for purposes of Act.- Where in ??? of section any proceedings are taken for acquiring any land for the Corporation, then in respect of such proceedings-
(1) section 17 of the Land Acquisition Act, 1894 (I of 1894) as in force in the Bombay and Kutch areas of the State, and
(2) section 17 of the Lund Acquisition Act, 1894 (I of 1894) as applied to the Saurashtra area of the State,
shall have effect as if the words waste "waste or arable" were deleted from sub-section (1) thereof.
32. Government lands.- (1) For the furtherance of the objects of this Act the State Government may, upon such ??? as may he agreed upon between it and the Corporation, place at the disposal of the Corporation any lands vested in the State Government.
(2) After any such land has been ??? by, or under the control and supervision of the Cprporation, ??? shall be dealt with by the Corporation in accordance with the regulation ??? and ??? by the State Government in this hehalf.
(3) If any land placed at the disposal of the Corporation under sub-section (1) is required at any time thereafter by the State Government, the Corporation shall replace it at the disposal of the State Government upon such ??? and conditions as the State Government may after consultation with the Corporation determine.
Chapter-VII - Supplementary and Miscellaneous Provisions
CHAPTER VII
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS
33. Powers of Corporation in case of certain defaults by owner of land in industrial area.- (1) If the Corporation after holding a local inquiry, or upon a report from any of its officers or oiler 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 ??? to be provided, or to carry out any development, of the land for which permission has been obtained under this Act the Corporation may, after giving the owner a reasonable opportunity of being heard, serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may 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 action under this sub-section, the Corporation shall afford reasonable opportunity to the owner of the land to show cause 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 ??? from the date when a demand for the expenses is made from the owner until payment, shall be ??? by the Corporation from the owner.
(4) An owner aggrieved by a notice issued in him under sub-section (1) may within a period of sixty days from the ??? on which ??? is served on him ??? an appeal to the President of the Gujarat ??? in the Bombay Revenue ??? Act, 1957 (Bom. XXXI of 1958).
(5) In deciding an appeal under sub-section (1), the President of the Gujarat Revenue Tribunal shall exercise all the powers which a ??? has and ??? the same procedure which a ??? in deciding appears from a ??? order of an original court under the Code of Civil procedure, 1908 (V of 1908).
(6) A decision in such appeal shall be final and ???.
34. Order of demolition of building.- (1) Where the erection of any building in an industrial estate or industrial area has been ???, or is being carrial on, or has been completed, or any existing building is ???, in contravention of the ??? 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 Act make an addition to any prosecution that may be institution under this Act make an order directing that may be institution by the owner thereof withim such period not esceeding two months as may be specified in the order, ans on the failure of the owner to comply with the order, the officer may himself cause the creation to be demolished and the expenses of such ??? shall be recoverable by the Corporation from the owner:
Provided that, no such order shall be made unless the owner been given a reasonable opportunity to show cause why the order should not be made.
(2) Any person aggrieved by an order under sub-section (1) may appeal against that order within thirty days from the date thereof to a Committee of the Corporation set up for the purpose by regulations mode in this behalf such Committee may after hearing the parties to the appeal other allow, or dismiss 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 fine.
35. Power to stop building operations.- (1) Where the erection of any building in an industrial caste to or industrial area has been commenced, or is being earned 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 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 portion 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 order or an officer, or employee of the Corporation to watch the plate in order to ensure that the ??? of the building is not continued.
(4) Any person ??? to comply with an order made under sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred rupees for every day during which such non-compliance continues after the service of the older.
(5) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of any order made under this section.
(6) The cost of employing any police officer under this section shall initially be ??? by the Corporation but it shall be recoverable from the person who failed to comply with an order made under sub-section (1).
36. ??? for ??? of ??? and ??? to ??? of ???.- (1) Any person who whether at his own instance or at the instance of any other person undertakes or ??? out construction of or alterations to any building in or industrial estate or ??? area contrary to the terms under which he holds such building or land under this Act shall, on conviction, be punished 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 five hundred rupees for every day dining which such offence continues after conviction for the first commission of the offence.
(2) Any person 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 punished with fino which may extend to five thousand rupees.
37. ??? to lay ??? lines.- (1)(i) Within any area taken up for development under paragraph (b) of clause (ii) of section 13, the Corporation, and
(ii) in the case of any area intervening between the areas or adjoining any ares so taken up for development, for the purpose of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers or drains necessary for carrying off the workings and waste liquids of an industrial process, through such intervening ami or us the case may be, adjoining area any person empowered in this himself by the State Government, by notification in the Official Gazette (??? in this ??? referred to us "the authorised person") may, after giving reasonable notice to the owner or occupier, lay down, place, maintain, ???, remove or ??? any pipes, pipe lines, conduits, supply or service lines, poses or other appliances or apparatus in, on, under, over, along or across any land in such areas.
(2) The Corporation or as the case may be, the authorised person may at any time enter upon any land in any such area and in such event the provisions of section 38 shall mutatis mutandis apply.
(3) While exercising the power conferred by sub-section (1), the Corporation or the authorised person shall-
(i) where the land affected is a street, bridge, sewer, drain or tunnel, comply mutatis mutandis with the relevant ??? of the ??? Act, 1863 (Bom. V of 1863), notwithstanding the fact that the Act is not in force in the area or that the State Government has issue a notification extending such provisions to such land,
(ii) cause as little damage as possible to property.
Compensation to all persons interested for ??? or modification of rights in property and any ??? ??? by them in consequence of the exorcise of such powers as aforesaid shall be paid, as the case may be by the Corporation or, in the case of the authorised person, by the State Government.
Provided that the ??? of ??? in the form of annual rent ??? the ???, shall be fixed and when ??? be the Collection ??? with the provision of the ??? land ??? law.
(4) Nothing heroin 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 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 provision shall be construed to mean that the Corporation or other person is forbidden from having the said land acquired at any time by the State Government in the normal course.
38. Power of entry.- Any officer of the State Government, any 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 assistants or workmen for the purpose of-
(a) making any inspection, survey, measurement, valuation or enquiry or taking levels of such land or buildings;
(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) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;
(iii) due regard shall always be had, so far as may be company with the exigencies of the purpose for which the entry is made, to the social and religions usages of the occupants of the land or building entered.
39. ??? of the ??? be ??? with ??? powers.- The State Government may, by notification in the Official Gazette, nominate any officer if the Corporation to be a ??? or licensing authority under any law for the ??? in force relating to the procurement or distribution of any commodity in respect of the industrial undertakings established or to be established in the industrial estates or industrial areas entrusted to or developed by the Corporation and no such nomination shall be called in question merely on the ground that such officer is not an officer of the State Government.
40. ??? riding ??? of ??? to ???.- Notwithstanding anything contained in any other law, or in any licence or permit, if the State Government is satisfied either on a recommendation made in this behalf by the Corporation or otherwise, that the setting up of an industrial undertaking (whether within an industrial are a 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 ??? for the grant of, any amenity the State Government may direct the local Authority to grant the said amenity on such conditions as it considers fit; and thereupon the amenity shall be granted:
Provided that, the charge to be paid for granting or continuing such amenity to the local ??? is not less than the cost, to the local authority or licensed concerned for ??? such amenity:
Provided further that no such direction shall he made by the State Government unless the local authority shall have been given reasonable opportunity to show cause why any such direction should not be made.
41. ??? of ??? due to ??? arrears of ??? revenue.- All burns payable by any person to the Corporation or recoverable by it by or under this Act and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue on the application of the Corporation.
42. ??? of ???.- (1) All notices, orders and other documents required by this Act, or any rule, or regulation made thereunder to be served upon any person shall save as otherwise provided in this Act, or such rule or regulation, be deemed to be duly served-
(a) where the person to be served is a company the service is effected in accordance with the provisions of suction of the Companies Act, 1956; (I of 1958).
(b) where the person to lie served is a firm, if the document is addressed to the firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-
(i) sent under a certificate of posting or by registered post, or
(ii) left at the said place of business;
(c) where the person to be served is a statutory public body or a corporation or a society or other body, if the document is addressed to the secretary, treasurer or other head officer of that, body, corporation or society at its principal office, and is either-
(i) sent under a certificate of posting or by registered post, or
(ii) left at that office;
(d) in any other case, if the document is addressed to the person to ??? and
(i) is given nr tenderad ??? or
(ii) if such person ??? be found, is ??? on ??? part ??? his last known place of residence or ??? or ??? adult member of his family or is affixed on some conspicuous pan of the land or building to which it relates, or
(iii) is sent under a certificate of posting or by registered post to that poison.
(2) Any document which is required or authorised to ??? owner or occupier of any land or building may be addressed "??? owner" or "the occupier" the case may be, of that land or building (naming ??? hand or building) without further name or description, and shall be deemed to be duly served-
(a) if the document so addressed in scut or ??? in ??? with clause (d) of sub-section (1); or
(b) if the document no addressed or a copy therefore ??? so addressed, is ??? or tendered to some person on the land or building or, where there is no person on the land or building to whom it eon be delivered is affixed to some conspicuous part of the land or building.
(3) Where a document is served on a ??? in accordance with this section, the document shall be demand to be served on such partner.
(4) For the purpose of ??? any document to be served on the owner of any property, the occupier (if any) of the property may be required by notice in writing by the Sate Government or the Corporation as the caw may be, to state the ??? and address of the owner thereof.
43. Public ??? how ??? made ???.- Every public notice given under this Act or any rule or regulation made thereunder shall be in writing over the signal are of the officer coneerued and shall be widely made known in the locality to ??? thereby by affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by be at of drum or by advertisement in a local newspaper, or by any two or more of these ??? and by other as the officer may think fit.
44. ??? to ???.- Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder ??? anything 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.
45. ??? of ??? etc.- (1) The Corporal ion shall furnish to the State Government such returns, statistics, reports, accounts and other information with 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 in section 26 furnish to the State Government an annual report on its working an noon as may be after the ??? of each financial year in such form and detail 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. Withdrawal of area or estate or part thereof.- Where the State Government is satisfied that in respect of 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 existance of such estate or area or part thereof under the Corporation unnecessary, the State Government may, by notification in the Official Gazette, declare that such industrial estate or industrial area or part thereof has been removed from the jurisdiction of the Corporation. Thereupon the State Government may after consulting the Corporation pass such orders in respect or consequential financial arrangements with the Corporation, and the transfer or apportionment of any assets and liabilities of the Corporation as it may deem fit. The State Government may also make such other incidental arrangements for the administration of such estate or area or part thereof as the State Government thinks fit.
47. Default in performance of duly.- (1) If the State Government after giving the Corporation an opportunity to render an explanation is satisfied that the Corporation has made a default in performance any duty or obligation imposed or cast on it by or under this Act the ??? Government may fix a ??? for the performance of that duty or ??? and give notice to the Corporation accordingly.
(2) If ??? opinion of the State Government the Corporation fails or neglects to perform ??? duty or obligation within the period so fixed for its performance, it shall be ??? for the State Government after having given the Corporation to show ??? against such order, by order supersede the Corporation and thereafter recon ??? the Corporation, as it deems fit.
(3) After the supersession of the Corporation 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, and the cost thereof shall be met from the funds of the Corporation.
(4) All property ??? in the Corporation shall, during the period of supersession, vest in the State Government.
48. Dissolution of Corporation.- (1) The State Government if satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved so as to rentier its ??? it may by notification in the Official Gazette declare that, the Corporation shall be dissolved with effect from such date as may be specified in the notification, and thereupon the Corporation shall stand 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; and
(b) all liabilities which are enforceable against the Corporation shall be enforceable against the State Government.
49. ???.- ??? otherwise ??? provided ??? shall ??? any offence ??? or ??? Corporation ??? under this Act, except on the ??? Corporation ??? the Corporation or ??? Corporation by ???.
50. ???.- (1) The Corporation ??? or any ??? or special order in this bah elf may, other before or ??? Act.
(2) Where an officer is compounded, the office ??? and ??? of the offence ???.
51. ???.- (1) Where an offence under this Act has been ??? shall be demand to be ??? the ??? and ???.
Provided that ??? in this ??? under this Act if ??? and that he ??? the ??? of such offence.
(2) ??? sub-section (1) ??? under this Act has been ??? offence has been ??? with the ??? any ??? on the part of, any ??? such ??? be guilty of that offence and shall be ??? of ??? accordingly.
Explanation.-For the purposes of this section-
(a) "company" means any body ??? and ??? a firm or order association of ??? and
(b) "director" in relation to a firm, means a ??? in this fairm.
52. ??? Penal ???.- Any person who ??? be punished with ??? for ??? which may extend to six months, or fine which may extent to one those rupees, or with both.
53. Power to make rules.- (1) The State Government, after with the Corporation in to matters ??? it, may, by notification in the Official Gazette make rules to carry out the ??? of this Act.
Provided that, consultation with the Corporation shall not be ??? on the first occasion of the making of rules under this section, but the state Government shall ??? any suggestions which the Corporation may make in ??? such rules after they are made.
(2) ??? without prejudice to the generality of the forgoing power ??? mailers expressly required or allowed by this Act to ??? which may be charged by the Corporation.
(3) ??? this section shall be laid for not less than thirty days??? they are made and shall be ??? modification as the Legislature ??? in which ??? are so laid, or the session ???.
(4) Any ??? so made by the State Legislature shall be ??? Official Gazette and shall ??? take effect.
54. ???.- (1) Corporate may, with the previous approval of the State Government ??? with this Act and the rules made thereunder, and this Act.
(2) ??? without prejudice to the generality of the forgoing power ??? all mutters ??? allowed by this ???.
(3) ??? made under this section shall he published in the Official Gazette less than thirty days before the State Legislature are made, and shall be subject to ??? on by as the Legislature may make, dining the so laid, or the session immediately following.
(4) ??? or modification so made, by the State Legislature shall be ??? and shall thereupon take effect.
55. ???.- No ???, prosecution or other legal proceedings shall lie against any person ??? is in good faith ??? to be done under this Act or ??? or ??? made there under.
56. ???.- All members, officers and servants of the Corporation shall, when acting or ??? to act in pursuance of any of the provisions of this Act be deemed ??? within the meaning of section 31 of the Indian Penal Code (XLV of 1860).
57. ???.- The provision of this Act shall have effect notwithstanding anything ??? in any other law.
58. ???.- If any doubt or difficulty arises in giving effect to the provisions of this Act ??? State Government may, by order, make provision or give ??? with the express provisions of this Act as may appear ??? for the removal of the doubt or difficulty, and ??? Government, in such cases, shall be final.
59. Amendment of Schedule to Guj. I of 1960.- In the Gujarat Legislature Members (Removal of Disqualifications) Act, 1960 (Guj. I of 1960), in the Schedule after entry 13 the following entry shall be inserted, namely:-
"13A. The office of a member of the Gujarat Industrial Development. Corporation nominated under clause (b), (c) or (d) of sub-section (1) of section 4 of the Gujarat Industrial Development Act, 1962 (Guj. XXIII of 1962), by reason only of his holding such office.".
60. Repeal of Guj. Ord. No. IV of 1962.- The Gujarat. Industrial Development Ordinance, 1962 (Guj. Orl. No. IV of 1962) is hereby repealed and the provisions of suctions 7 and 25 of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall apply to such repeal as if that Ordinance were an enactment.