Bihar Industrial Area Development Authority Act, 1974
No: 16 Dated: Apr, 01 1974
Bihar Industrial Area Development Authority Act, 1974
Bihar Act 16 of 1974
An Act to provide for planned Development of Industrial Areas and Promotion of Industries and Matters Appertenent thereto.
Be it enacted by the Legislature of the State of Bihar in the twenty-fifth year of Republic of India as follows:
CHAPTER I
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Industrial Areas Development Authority Act, 1974
(2) It extends to the whole of the State of Bihar.
2. Definition. - In this Act unless the context otherwise requires-
(a) "Amenity" include roads, water-supply, street lighting, drainage, sewerage, school, housing, hospital common effluent treatment plant, provision of common facility centre, solid waste management system and recreation facilities and such other convenience and facility as the State Government may, by Notification in the Official Gazette, specify to be an amenity for the purposes of this Act;
(b) "Building" includes any structure or creation or part of structure or creation which is intended to be used for residential, industrial, commercial, or other purpose, whether in actual use or not;
(c) "Development" with its grammatical variations means the carrying out of building engineering or any other operations in, on, over or under land or the making of any material change in any building or land including the provision of accommodation for carrying on industrial activities with or without accommodation for residential purposes or other activities and with all proper facilities for public works, recreation, amenity and other basic requirements for establishment of industries, and includes re-development;
(d) the word "industry" would have the same meaning as has been assigned to it under Section 2, clause (3) of the Bihar State Aid to Industries Act, 1956;
(e) "Development Area" means any area declared to be a development area under Section.4:
(f) "Industrial Area" means an area for which an Authority is constituted under Section 3;
(g) "Regulation" means a Regulation made under this Act by the Authority constituted under Section 3;
(h) "Rule" means a Rule made under this Act by the State the Government;
(i) "Prescribed" means prescribed in the Rules framed by the State Government under this Act.
CHAPTER-II
3. Industrial areas development authority aims and object. - (1) The State Government may at any time after commencement of this Act constitute by notification, an Authority for any area or areas for development and promotion of industry (hereinafter in this Act, referred to as the Authority).
Explanation.-The State Government may set up one or more Authorities, or one Authority for one or more areas in the State under this Act such an Authority will be known as "(name of the area) Industrial Area Development Authority."
(2) The Authority shall be a body corporated by name aforesaid having perpetual succession and a common seal with powers to acquire, hold and dispose of properties, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) (i) Any such Authority shall consist of a Chairman, a Managing Director and five other Directors who shall be appointed by the State Government and who shall hold their office, on terms and conditions to be prescribed in this behalf, at the pleasure of the State Government.
(ii) The Chairman of the Authority shall be a Government servant not below the rank of a Commissioner or any other person who may be nominated by the Government.
(iii) The State Government may, if it is found to be expedient, appoint the same person as Chairman and Managing Director of the Authority.
(4) The Managing Director shall be a whole-time officer and the Chief executive of the Authority and shall perform, among others, the following duties under, the general guidance of the Chairman-
(a) he shall receive all the moneys on behalf of the Authority and issue receipt and maintain proper account for the same;
(b) he shall draw money from the fund of the Authority for disbursement of salaries, allowances and meeting the expenses of the Authority;
(c) he shall authenticate any order of the Authority;
(d) he shall perform any order, duty that may be assigned to him by the Authority or the State Government from time to time.
(4a) The Authority may, by general or special order in writing delegate to any officer of the Authority subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.