Assam Industrial Infrastructure Development Corporation Act, 1990

{
    "id": 13605,
    "slug": "assam-industrial-infrastructure-development-corporation-act-1990-1990",
    "title": "Assam Industrial Infrastructure Development Corporation Act, 1990",
    "short_title": "Assam Industrial Infrastructure Development Corporation Act, 1990",
    "act_number": "(Assam Act No. 1 of 1991)",
    "act_year": 1990,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Industrial Infrastructure Development Corporation Act, 1990",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent and commencement.",
            "chapter": null,
            "content": "2.\n(a) \"Amenity\" includes road, supply of water or electricity, street lighting, drainage, sewerages conservancy and such other convenience as the State Government may, by notification in the official Gazette, specify to be an amenity for the purposes of this Act.\n(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;\n(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;\n(d) \"Corporation\" means the Assam Industrial Infrastructure Development Corporation established under Section 3;\n(e) \"Commercial estate\" means any site selected by the State Government where the Corporation constructs buildings and makes them available for the purpose or carrying out industrial and commercial activities.\n(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 limit;\n(g) \"Development\" with its grammatical variations means the carrying out of building, engineering, quarrying or other operations in, on over or under land, or the making of any material changes in any building or land, and includes reclamation and re-development but does not include mining operations and \"to develop\" small be construed accordingly;\n(h) \"Engineering operations\" include the formation or laying out of means of access to a road or the laying out of means of water supply, gas supply and electricity supply;\n(i) \"Growth center\" means any site declared to be a growth center by the State Government by notification published in the official Gazette, which is to be developed for industries;\n(j) \"Industry\" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, services, employment, handicraft or industrial occupation or avocation of workmen and the word \"industrial\" small be construed accordingly;\n(k) \"Industrial area\" means any area declared to be an industrial area by the State Government by notification published in the official Gazette, which is to be developed and where industries and related services are to be accommodated;\n(l) \"Industrial estate\" means any site selected by the State Government, where the Corporation builds factories and other buildings and makes them available for any industries or class of industries;\n(m) The expression \"land\" and expression \"person interested\" shall have the meaning respectively assigned to them in Section 3 of the Land Acquisition Act, 1894.\n(n) \"Means of access\" includes a road or any means of access, whether private or public for vehicles or for pedestrians or for rail of for water power or communication system;\n(o) \"Notification\" means notification published in the official Gazette.\n(p) \"Premises\" meant any land or building or part of a building and includes:-\n(i)  The garden, ground and out-houses, if any, appertaining to such building or part of a building; and\n(ii) Any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;\n(q) The \"Lease Deed\" means the Agreement executed between the Corporation and lessees of plots of land, building and amenities of the Corporation containing the terms and conditions of the lease:\n(r) \"Prescribed\" means prescribed by rules made under this Act;\n(s) \"State Government\" means the State Government of Assam.\nChapter-II\nEstablishment and Constitution of the Corporation\n3.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "4",
            "title": "4. Constitution.",
            "chapter": null,
            "content": "(a) The Commissioner and special Secretary to the Government of Assam, Industries Department;\n(b) The Secretary, Finance Department Government of Assam;\n(c) The Secretary, Revenue Department Government of Assam;\n(d) The Chief Engineer, Assam State Electricity Board;\n(e) The Managing Director, Assam Industrial Development Corporation Limited;\n(f) The Managing Director, Assam Small Industries Development Corporation Limited;\n(g) The Director of Industries, Government of Assam;\n(h) The Director, Public Enterprises, Government of Assam;\n(i) The Managing Director, Assam Industrial Infrastructure Development Corporation;\n(j) Two non-official Directors nominated by the State Government who are, in the opinion of the State Government, qualified as having the experience and capacity in, Industry or trade or finance or who in the opinion of the State Government are capable or representing the interest of persons engaged or employed therein;\n(k) Two Directors nominated by Financial Institutions/Banks pursuant to agreement with the corporation.\n5.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "6",
            "title": "6. Disqualification for Directorship.",
            "chapter": null,
            "content": "(a) Is an employee of the corporation, not being the Chief Executive Officer, or\n(b) Is of unsound mind, and stands so declared by a competent court, or\n(c) Is an undischarged insolvent, or\n(d) Has been convicted by court on a charge of crime involving moral turpitude.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "7",
            "title": "7. Term of Offices and conditions of services of Directors.",
            "chapter": null,
            "content": "(b) Where a vacancy of any such Director occurs due to completion of the term of the office of due to termination of his term of office earlier the vacancy shall be filled in accordance with the provisions of Section 10.\n(c) Any person nominated as Director of one or more occasions shall unless disqualified, be eligible for renomination.\n(d) Where a person is nominated to be or become a Director of the Corporation by virtue of holding any office, he shall, notwithstanding anything contained in this Act, cease to be a Director of the Corporation as soon as he ceases to hold that office.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "8",
            "title": "8. Meetings of Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "9",
            "title": "9. Cassation on Directorship.",
            "chapter": null,
            "content": "(a) Becomes subject to any of the disqualifications mentioned in Section 6, or\n(b) Tenders his resignation in writing to and such resignation is accepted by the State Government, or\n(c) Is absent without the Corporation's permission from three consecutive meetings of the Corporation, or\n(d) Is convicted of an offence involving moral turpitude,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "10",
            "title": "10. Vacancies how to be filled.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "11",
            "title": "11. Temporary absence of Chairman.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "12",
            "title": "12. Proceeding resumed to good and valid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "13",
            "title": "13. Officer and employee of the Corporation.",
            "chapter": null,
            "content": "(a) As regards the Managing Director, be such as may be prescribed; and\n(b) As regards the other officers and employees, be such as may be determined by regulations made under this Act.\n14.\nChapter III\nFunctions and Powers of the Corporation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "15",
            "title": "15. Function.",
            "chapter": null,
            "content": "(i) Generally to promote and assist in the rapid and orderly establishment, growth and development or industries, trade and commerce, in the State of Assam; and\n(ii) In particular and without prejudice to the generality of clause (i)-\n(a) To establish and manage industrial and Commercial estates at places selected by the State Government;\n(b) To develop industrial area and growth centers selected by the State Government for the purpose and make them available for undertakings to establish themselves;\n(c) To undertake schemes or works, either jointly with other corporate bodies or institutions, or with local authorities, or on an agency basis, in furtherance of the purposes for which the Corporation is established and all matters connected therewith;\n(d) To provide or cause to be provided amenities and common facilities in industrial estates, commercial estates and industrial areas and growth centers and construct and maintain or cause to be maintained works and buildings therefore;\n(e) To make available plots of land buildings, and amenities on lease/licence/hire or sale to industrialists or persons intending to start industrial undertakings;\n(f) To construct buildings for the housing of the employees of such industries and employees or the Corporation; and\n(g) To diversify its activities with prior approval of the Government if such diversification is deemed necessary for proper functioning of the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "16",
            "title": "16. General powers of the Corporation.",
            "chapter": null,
            "content": "(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.\n(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;\n(c) To allot plots, factory sheds or buildings or parts of buildings, including residential tenements and amenities to suitable persons in the industrial and commercial estates growth centers, and industrial areas established or developed by the Corporation and to executive lease deed or any other agreement wherever necessary;\n(d) To modify or resented such allotments including the right and power to evict the allottees concerned on breach of any of the terms and conditions of the lease deed or any other agreement;\n(e) To constitute advisory committees to advise the Corporation;\n(f) To engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions;\n(g) To enter into and performs all such contracts as it may consider necessary or expedient for carrying out any of its functions; and\n(h) To do such other things and perform such acts as it may think necessary or expedient for the proper conduct of its functions and for carrying into effect the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "17",
            "title": "17. Authentication of order and documents of Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "18",
            "title": "18. Power to levy service charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "19",
            "title": "19. Directions by the State Government.",
            "chapter": null,
            "content": "Chapter-IV\nFinance, Accounts and Audit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "20",
            "title": "20. Application of Corporation assets.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "21",
            "title": "21. Corporation fund.",
            "chapter": null,
            "content": "(a) All moneys received by the Corporation from the State Government by way of grants, equity contribution, subventions, loans advances or otherwise;\n(b) All fees, costs and charges received by the Corporation under this Act;\n(c) All moneys received by the Corporation from the disposal of lands, buildings and other properties movable and immovable and other transactions;\n(d) All moneys received by the Corporation by way of rents and profits or in any other manner or from any other sources;\n(e) All moneys received by the Corporation from Government undertakings, Companies, Financial Institutions, Commercial Banks or from any other sources.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "22",
            "title": "22. Grants, subscriptions loans, and advances to the Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "23",
            "title": "23. Power of Corporation to borrow and guarantee of loans.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "24",
            "title": "24. Deposit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "25",
            "title": "25. Reserved and other funds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "26",
            "title": "26. Expenditure from funds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "27",
            "title": "27. Budget and programme of work.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "28",
            "title": "28. Accounts and audit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "29",
            "title": "29. Concurrent and special audit of accounts.",
            "chapter": null,
            "content": "Chapter-V\nApplicability of Certain Laws",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "30",
            "title": "30. Application of Assam public premises Eviction of unauthorized Occupants Act, 1971.",
            "chapter": null,
            "content": "(a) The State Government shall appoint an officer of the Corporation who is holding or has held office whether under the Government or the Corporation which in the opining of the Sate Government 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;\n(b) Reference to \"public premises\" in that Act and those rules shall be deemed to be reference to premises of the Corporation and references to the \"State Government\" in section 6, 13 and 15 A thereof shall be deemed to be references to the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "31",
            "title": "31. Non-applicability of certain Acts.",
            "chapter": null,
            "content": "(a)To any premises belonging to or vesting in or leased by the Corporation under or for the purposes of this Act;\n(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.\nChapter-VI\nAcquisition and Disposal of Land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "32",
            "title": "32. Acquisition of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "33",
            "title": "33. Transfer of Government Land to the Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "34",
            "title": "34. Disposal of Land by the Corporation.",
            "chapter": null,
            "content": "Chapter-VII\nSupplementary and Miscellaneous Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "35",
            "title": "35. Power of the Corporation in case of certain defaults by owner of land in industrial area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "36",
            "title": "36. Order of demolition of building.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "37",
            "title": "37. Power to stop building operation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "38",
            "title": "38. Penalty for construction or use of land and building contrary to terms of holding.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "39",
            "title": "39. Power to lay pipelines etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "40",
            "title": "40. Power of entry.",
            "chapter": null,
            "content": "(a) Making any inspection, survey, measurement, valuation or enquiry or taking levels of such land or building;\n(b) Examining works under construction and ascertaining the course of sewers and drains;\n(c) Digging or boring into the sub-soil;\n(d) Setting out boundaries and intended lines of work;\n(e) Marking such level, boundaries and lines by placing marks and cutting trenches;\n(f)   Doing any other thing necessary for the efficient administration of this Act:\n(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;\n(ii) Sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building;\n(iii) Due regards should always be had, so far as may be compatible with the exogenous of the purpose for which the entry is made, to the social and religious usages of the occupant of the land or building entered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "41",
            "title": "41. Officers of the Corporation may be vested with others powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "42",
            "title": "42. Over reading power of Government to issue direction to local authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "43",
            "title": "43. Restriction on lease permission in adjoining area in certain cases.",
            "chapter": null,
            "content": "(i) The expression \"village industry\" and \"cottage industry\" shall have the same meaning as assigned to them by the Government;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "44",
            "title": "44. Notices etc. to fix reasonable times.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "45",
            "title": "45. Furnishing of returns, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "46",
            "title": "46. Transfer of existing areas, estates and centres to the Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "47",
            "title": "47. Withdrawal of area or estate or part there of.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "48",
            "title": "48. Dissolution of Corporation.",
            "chapter": null,
            "content": "(a) All properties, funds and dues which are vested in or realizable by, shall vest in or be realizable by, the State Government;\n(b) All liabilities which are enforceable against the Corporation shall be enforceable against the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "49",
            "title": "49. Authority for production.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "50",
            "title": "50. Compensation of offences by Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "51",
            "title": "51. Offences by companies.",
            "chapter": null,
            "content": "(a) \"Company\" means any body corporate, and includes a firm or other association of individuals; and\n(b) \"Director\" in relation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "52",
            "title": "52. Penalty for obstruction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "53",
            "title": "53. Recovery of dues.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "54",
            "title": "54. Power to make rules.",
            "chapter": null,
            "content": "(a) The fees and allowance payable to the directors of the Corporation;\n(b) The conditions of appointment and service and the scale of pay of the Managing Director of the Corporation;\n(c) The conditions subject to which the Corporation borrow money;\n(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;\n(e) The form and the manner of maintaining books accounts and other books under section 78;\n(f) The form of and the details to be given in the annual report under section 45;\n(g) The fees which may be charged by the Corporation;\n(h) The conditions subject to which the Corporation may dispose of land, buildings and amenities;\n(i) Any other matter which has to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "55",
            "title": "55. Power to make regulation.",
            "chapter": null,
            "content": "(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;\n(b) The conditions of appointment and service and the scales of pay of officers and employees of the Corporation other than the Managing Director;\n(c) Deployment of funds of the Corporation and the officers of the Corporation who may operate its accounts;\n(d) The terms under which the Corporation may dispose of land, buildings and amenities;\n(e) The additional terms and conditions subjects to which lands and building industrial area, industrial estate, commercial estate and growth center, may be held or used;\n(f) The procedure and conditions of allotment of premises and modification cancellation and recession thereof;\n(g) The manner of publication of public notice and the manner of Service of Notices, Orders Documents of the Corporation;\n(h) Any matter which has to be or may be provided by regulation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "56",
            "title": "56. Protection or action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "57",
            "title": "57. Members, Officers and Staff or Corporation to be Public Servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "58",
            "title": "58. Effect of Provision inconsistent with other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "59",
            "title": "59. Power to remove doubt and difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [ass347]",
        "Act Number": "(Assam Act No. 1 of 1991)",
        "Enactment Date": "",
        "Act Year": "1990",
        "Short Title": "Assam Industrial Infrastructure Development Corporation Act, 1990",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}