West Bengal Industrial Infra-Structure Development Corporation Act, 1974
No: 25 Dated: Apr, 04 1974
THE WEST BENGAL INDUSTRIAL INFRA-STRUCTURE DEVELOPMENT CORPORATION ACT, 1974
West Bengal Act XXV of 1974
An Act to make special provision for securing development of trade, commerce and industries on well-planned basis in the State of West Bengal, and for that purpose to establish an Industrial Infrastructure Development Corporation, and for matters connected therewith or incidental thereto.
Whereas it is expedient to make special provision for securing development of trade, commerce and industries on well-planned basis in the State of West Bengal, and for that purpose to establish an Industrial Infra-structure Development Corporation, and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Industrial Infra-structure Development Corporation Act, 1974.
(2) It extends to the whole of West Bengal.
(3) This Act except the provisions of Chapter V shall come into force at once. The provisions of Chapter V shall come into force on such date as the State Government may, by notification, appoint and for this purpose different dates may be appointed for different areas to be specified in the notification.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "amenity" includes road, supply of water or electricity, street lighting, drainage, sewerage, conservancy and such other convenience as the State Government may, by notification, specify to be an amenity for the purposes of this Act;
(2) "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, where in actual use or not;
(3) "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;
(4) "Corporation" means the West Bengal Industrial Infrastructure Development Corporation established under sub-section (1) of section 3 of this Act;
(5) "Court" means a principal Civil Court of original jurisdiction, and includes the Court of any Additional District Judge or Subordinate Judge whom the State Government may appoint, by name or by virtue of his office, 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 limits;
(6) "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 reclamation and re-development, but does not include mining operation; and "to develop" shall be construed accordingly;
(7) "engineering operations" include the formation or laying out of means of access to a road or the laying our of means of water supply;
(8) "industrial area" means any area declared to be such by the State Government by notification:
Provided that before declaring any area, falling wholly or partly within the jurisdiction of a Municipal Corporation, Municipality, Gram Panchayat, Notified Area Authority or Development Authority (constituted under any law for the time being in force including the Durgapur Development Authority), as industrial area, the State Government shall consult the concerned Municipal Corporation, Municipality Gram Panchayat, Notified Area Authority or Development Authority, as the case may be;
(9) "Industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation 'or avocation of workmen, and the word "industrial" shall be construed accordingly;
(10) "industrial estate" means any site declared by the State Government by notification as such, which the Corporation develops, constructing roads, factory sheds and other buildings and providing amenities therein, to make the estate suitable for establishment and growth of industries :
Provided that before declaring any site, falling wholly or partly within the jurisdiction of a Municipal Corporation, Municipality, Gram Panchayat, Notified Area Authority or Development Authority (constituted under any law for the time being in force including the Durgapur Development Authority), as industrial estate, the State Government shall consult the concerned Municipal Corporation, Municipality, Gram Panchayat, Notified Area Authority or Development Authority, as the case may be;
(11) the expression "land" and the expression "person interested" shall have the meanings respectively assigned to them in section 3 of the Land Acquisition Act, 1894;
(12) "means of access" includes any road or other means of access, whether private or public, for vehicles or for pedestrians;
(13) "notification" means a notification published in the Official Gazette;
(14) "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, and
(ii) any fittings affixed to such buildings or part of a building for the more beneficial enjoyment thereof;
(15) "prescribed" means prescribed by rules made under this Act.
CHAPTER II
Establishment and Constitution of the Corporation
3. Establishment and incorporation. - (1) With effect from such date as the State Government may, by notification, appoint, there shall be established for the purposes of this Act a Corporation under the name of the West Bengal Industrial Infra-structure Development Corporation (hereinafter referred to as the 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. Composition of the Corporation. - (1) The Corporation shall consist of thirteen members (including ex-officio member) of whom not more than five shall be non-officials.
(2) The Chief Executive Officer of the Corporation shall be its ex-officio member.
(3) All the members of the Corporation shall be nominated by the State Government.
(4) The State Government shall appoint one of the members of the Corporation to be its Chairman. The State Government may, if it thinks fit, appoint one of the other members as Vice-Chairman.
5. Disqualifications for membership. - 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, or
(b) is of unsound mind, and stands so declared by a competent Court, or
(c) is an undischarged insolvent, or
(d) has been convicted by a Court on a charge of crime involving moral turpitude.