Assam Industrial Infrastructure Development Corporation Act, 1990

Regist ered N o ’A— 12* THE ASSAM GAZETTE W O T EXTRAORDINARY ai« ^ - r a w PUBLISHED BY AUT HORITY sr 12 fewM’i, iv n f iR R , 14 «rt<t 1991, 25 w , 1912 («r )̂ No. 12 Ui spar , Thursda y, 14th February, 1991, 25th Magha, 1912 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLA TIVE DEPARTMENT LEGISLATIVE BRANCH DISPUR NOTIFICATIO N The 14th Febru ary , 1991 No. LGL. 142/89/112 : The following Act of t he Assam Leg isla tive Assembly which received the assent of the Governor is her eby pub lished for g ene ral information . I 4 0 r H E . ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 190 ASSAM ACT NO. I OF 1991 (Received t he assent of t he Governor of Assam on 8th Febru ary , 1991.) ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION ACT’ 1990 A n' Act to provide for the establ ishment of a Corpora tion for the develop men t of ind ustrial infra str uc ture in the Sta le of Assam. Preamble WHEREAS it is expedient to make special prov ision for securing t he or der ly establ ishment of ind ust ries in ind us trial areas , ind ustrial estates, growth cent res and in establ ishment of commercial estates for the gro wth of in dustr ies in the Sta te of Assam and t 0 assis t gen era lly in the organisa tion thereof, and for th at purpose to establish an In ­ dustr ial In fra str uc ture Development Corporation, and for purp oses connec ted w ith the m atte rs afo re­ said. It is her eby enacted in the Fortie th Year of the Repu blic of Ind ia as follows :— CHAP TER— 1 , • PRELIMINA RY K extcnV’lnd L (1) This Act may be called the Assam Indus- comm ence- tri al In fra str uc ture D evelopment Corpora tion Act, we nt 1990. (2) It extends to the whole of the Sta te of Assam. (3) It sha ll come into force at once. Definitions 2. In this Act, unle ss the context othe rwis e requ ire d: — (a) "am enity” includes road, sup ply of wa ter or elec tric ity, str ee t light ing, drain age, sewerages conservancy and such oth er convenience as the Sta te Governme nt may, by notifi cation in the Official Gazette, spec ify to be an amenity for the purp oses of thi s Act. (b) "bu ild ing ” means any str uc ture or ere c­ tion, or pa rt of a struc tur e or erect ion, which is . intended to be used for residen tial, industria l, commerc ial or oth er purposes, whether in actual use or no t; K3 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14,1991 41 (c) "Collect or” means the Collector of a district, and includes any officer spe cially appoin­ ted by the State Gove rnment to perfo rm the functions of a Colle ctor under this A c t ; (d) "Corporation” means the Assa m Industrial Infrastructur e Development Corporation estab­ lished under Section 3 ; ..... ? (e) "Com mercial estate” means any site sele c­ ted by the State Governm ent where the Corpora ­ tion constructs buildings and makes them avai lable for the purpose of carrying out industria l and comm ercial ac tivi tie s; (f) "Court” means a princ ipal Civil Court of original jurisdiction, and includes court of any Addition al District Judge or Assistant District Judge whom the State Gov ernm ent may appoint, by name or by virtue of his offices, to perform , concurrently wit h any such principal civ il co urt all or any of the funct ions of the court under th is Act with in any specified local li m it ; (g) "developme nt” with its grammatical varia tions means the car rying out of building, engineering, qua rry ing or other operations in, on over' or under land, or the making of any materia l changes in any building or land, and includes re­ clama tion and re-development, but does not In­ clude mining operations and "to develop ” shal l be construed acco rdin gly ; (h) "eng ineering operations” includ e the for­ mation or lay ing out of means of access to a road or the lay ing out of means of water supply, gas supply and elec tric ity supply; (i) "gr owth centre” means any site declared to be a growth centre by the State Governm ent by notification published in the Official Gazette, which is to be developed for indu str ies ; <2 THE AS SAM GAZETTE. EXT RAORDIN ARY, FEB. 14 iS91 (j) "in dustry” means any business, trade, un­ dertaking, man ufac ture or call ing of employers and includes any calling, services, employment, handicraft or indu stria l occupat ion or avocation of workmen and the word "indus tria l” shall be construed acco rd ingly ; (k) "ind ustr ial area” means anv area declared to be an indu stria l area by the State Gove rnment by notification published in the Official Gazette, which is to be developed and whe re industries and related services are to be accommodated; (1) "ind ustr ial estate” means any site selected by the State Government, where the Corporation builds factories and other buildings and makes them ava ilab le for any industries or class of indu str ies ; s 9 (m) the expre ssion "land” and expression "person inter ested” shal l have the meanings res­ pectivel y assigned to them in Section 3 o f the Land Acquisi tion Act, 1894; ____ (n) "means of access” includes a road or any means of access, whether priv ate or public, for vehicles or for pedestrians or for rail or for water, power or communication sy stem ; (o) "notificat ion” means notification published in the Official Gaze tte ; (p) "pre mises” means any land or build ing or part of a building and inclu de s:— (i) the garden, grounds and out-houses, if a ny, appertaining to such build ing or part o f a building; and (ii) any fittings aff ixed to such build ing or part of a build ing for the more beneficial enjo yme nt th er eo f; (q) the "Lease Deed” means the Agre ement exec uted between the Corporation and lessees of plots of land, build ing and amenities of the Cor­ poration containing the terms and conditions of the le as e; THE AS SA M GAZETTE. EXTRAORDINA RY FBB. 14, 1991 43 (r) "pr esc ribed” means prescribed by rules made under this A ct; (s) "State Government” means the S tate Gov­ ern me nt of Assam. I - '■ ■ ’• CHAPTER—II. ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION. » » Esta blu h- ment and in corpora­ tio n Constitution I 3. (1) The re shall be established by the Sta te Governme nt by notifica tion, a Corporation by the name of t he Assam Ind ust ria l Infra str uc ture Deve­ lopm ent Corporation for the purp ose of securing and assist ing in the rap id and ord erly establ ish­ ment and organisation of indust ries in ind ust ria l areas , ind ust ria l estate , growth cent res, and in establ ishment of comm ercia l esta tes for growth of indust ries in the Sta te of Assam. (2) The Corpora tion shall be a body co rporate with per pet ual succession and a common seal, and m ay sue and be sued in its corp orate nam e, and shall be competent to acquire hold and dispose of pro_ perty both mova ble and immovab le and to con­ tra ct and do all thin gs necessa ry for the purposes of this Act.■ - —- ........... --- (3) The Corporation sha ll establish its Head Office at such place in the Sta te as the Sta te Governme nt may specify. 4. (1) The Corpora tion shall consis t of the fol­ lowing mem bers : —• ;— —-------'o (a) the Commissioner and Special Secre tary to the Gov ernmen t of Assam, Ind ust ries Dep ar tm en t; fb) the Sec reta ry, Finance Dep artm ent, Gov­ ern me nt of Assam ;*‘ - - * 4 «?-. a - v J®. s? 5® ~ -» - « • ,« > « .a - « x-x e> fc) the Sec reta ry, Revenue Dep artm ent, Gov­ ern me nt of x4.ssam ; *1 THE AS SA M GAZETTE , EXTRAORDINA RY. FEB. 14, 1991 (d) the Chief Engineer, Assam State Ele ctr i­ city Board ; (e) the Managing Director, Assam Industrial Development Corporation Li mite d; > - (f) the Managing Director, Assam Sma ll In­ dustries Development Corporation Lim i­ ted ; (g) the Director of Industries, Gove rnment of Assam ; (h) the Director, Pub lic Enterprises, Govern­ ment of Assam ; (i) the Managing Director, Assa m Industrial Infrastructu re Development. Corporation ; (j) two non-off icial Directors nominated by the State Governm ent who are, in the opinion of the State Government, quali­ fied as having the expe rience and capa city in, industr y or trade or finance or who in the opinion of the State Governm ent are capable of repre senting the interest of persons engaged or employed therein ;- —* ° (k) two Directors nominated by Financial In„ stitutions/Banks pursu ant to agreement with the corporation^ 5, Th e Commissioner and Special Secretary to the Gove rnment of Assam, Industries Dep art­ ment shal l be the Chairman of the Corpo rat ion ; 6. A person shall be disqual ified for being Directorshipnominated as a Director of the Corporation, if he—•«* (a) is an employee of the corporation, not being the Chief Execu tive Officer, or (b) is of unsound mind, and stands so declared by a competent court, or THE AS SA M GAZETTE, EXTRAORDINA RY FEB. 14, 199J 45 (c) is an undischarged insolvent, or (d) has been convicted by court on a charge of crime involving moral turpitude. ceS rraand?*- 7 - (1) (a ) Ev ery Director of the Corporation ditions of nominated under Clau se (j) of Section 4 shal l hold Dkacw„of offices for a period of thre e yea rs from the date of his nomination, unless his term of office is termi­ nated earlier by the State Government. (b) Where a v acancy of any such Director oc­ curs due to completion of the term of office or due to termination of his term of office earlier, the vacanc y shall be filled in accordance with the pro. visions of Sectio n 10. (c) An y person nominated as Director of one or more occasions shall unless disqualified, be elig ible for renomination; (d) Where a person is nominated to be or become a Director of the Corporation by virtue of holding any office, he shall, notwithsta nding any­ thing contained in this Act, cease to be a Director of the Corporation as soon as he ceases to hold that office. Corpor̂ ionf 8. The Corpo ration shall meet at such times and shal l observe such rules of procedures in r egard to the trans action of its business as may be provided by regulations made under this Kct, Cessation 9, (i) if a Direc tor;— on Di rc tor- ship (a) becomes subject to any of the disqu alifica­ tions mentioned in section 6, or (b) tenders his resignation in wri ting to and such resignation is accepted by the State 1 _ Government, or (c) is absent with out the Corp orat ion’s per­ mission from three consecutive meetings of the Corporation, or 46 THE ASSAM GAZETTE. EXT RAORDIN ARY, FEB. 14; 1991 (d) is convic ted of an offence involving moral turpitude, he shall cease to be a member of the Corporation. Vacancies how to be filled 10. An y vac anc y of a Director of the Corpora ­ tion shall be filled as early as pract icable, in like manner as if the appointment were being made or ig in al ly : Provided that durin g any such vacanc y the continuing Directors may act as if no v acancy had occurred. abSnc«aof 11- If fhc Chairman of the Corpo ration is by Ch airm an , reason of i llness or otherwise rendered temp orarily incap able of carrying out his duties, or is granted leave of absence by the State Gove rnment or is otherwise unable to attend to his duties in cir­ cumstances not involving the cessation of his Directorship, the State Gove rnment may appoint any other Director to act as the Chairman of the Corporation and he shal l carry out his duties and functions by or under this Act unti l the Chairm an resumes his duties. lesumed”8 12. No disqualification of or defe ct in the vaifd °d and appointment o f any person acting as the Chairm an or a Director of the Corpo ration shall vitia te any act or proceedings of the Corporation, if such act or proceeding is otherwise in accordance with the provisions of this Act. emp1oyeenof 13. (1) The State Gove rnment shall appoint a the corpora- Managing Director who shal l be the Chief Execu ­ tion . t |V e off icer of the Corporation. #> - gigfl b-Zit 1 (2) The Corporation ma y appoint such other officers and emplo yees subordinate to the Manag­ ing Director as it considers nece ssarv for the effi­ cient perfo rman ce of its duties and functions. THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 199i 47 (3) The conditions of appointment and service of the officers and emplo yees and their scales of pay shal l— (a) as regards the Managing Director, be such as may be prescribed ; and (b) as regards the other officers and emplo­ yees, be such as may be determined by regulations made under this Act. (4) If the Managing Dire ctor of the Corp ora­ tion is tem por ari ly absent, or rendered incapable of performing his duties for any reason whatso­ ever , not involving the vacation of his office, the State Gove rnment may appoint another* person to act in his place during his absence. Such person shall vaca te office on the date the Managing Direc ­ tor resumes his duties, C toPa°b?oAn 1 4 - (1) The Corpo ration shal l take over and certain staff employ such of the exis ting staff serv ing for sTmê b̂ ga- ĥe Infrastructur e develo pment purposes with the non of stat eA ssam Industria l Development Corporation Lim i- pecVormat-ted, the Assam Small Industries Develop- whi hthi» m e n t Corporation Ltd. the Directora te of Act Tppii’es Industries a s the S tate Governm ent may direct and ev ery person so take n over and employed shall be subject to the provis ions of this Ac t and the rule s and regulat ion made thereunde r: Prov ided that the conditions of serv ice of the members of the staff who are taken by the Corpo­ ration shal l in no wa y be less advan tageous than those which wer e applicable to them imm ediately prior to their absorption. (2) All permanent employees take n over and employed by the Corporation under sub-section (1) above shal l have a lien, on their respe ctive posts M THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 in the service of the State Gove rnment and the respectiv e Corporation and the period of thei r serv ices under the Corporation shall on their reservatio n to the service of the State Government and the parent Corporation be counted for their increments, pension and other matters rela ting to their service . (3) All obligations incurred, all contracts entered into and all matte rs and think s engaged to be done before the first consti tution of the Corporation by, wit h or foi' the State Gove rnment or Assam Industria l Deve lopm ent Corporation Ltd., Assam Small Industries Development Cor­ porat ion Ltd. and Directorate of Industries for any of the purposes of this Ac t in respect of any schemes for the development of indu stria l areas or indu stria l estates, comm ercial estates or gro wth centres entrusted to the Corpo ration shal l be deemed to have been incurred, entered into or engaged to be done b y, with or for the Corporation; and accordingly all suits or other legal proceed­ ings instituted or which migh t have been inst itu­ ted by or against the State Governm ent or the Assam Indu stria l Deve lopm ent Corpo ration Limited, the Assam Small Industries Development Corpo ration Limited and the Directorate of Industries, as the case may be, ma y be continued or insti tuted by or against the Corporation. (4) A ll expenditure which the State Gov ern­ ment or the Assa m Industr ial Development Cor ­ poration Ltd. the Assa m Sm all Industries Dev e­ lopment Corporation Ltd., and the Directorate of Industries may have incurred befo re the date of the coming into force of this Act in connection with any of th e purposes of th is Ac t shal l be deem­ ed to be a grant to the Corporation under section 22 of this Act on that date, and assets acquired by such expenditure shall vest in the Corporation. THE AS SA M GAZETTE, EXTRAORDINA RY. FEB. 14, 1991 49 CH APTER III FUN CTI ONS AN D POW ERS OF THE CORPO­ RATION. 15. The functions of the Corporation shal l Fu cctiooi. b e — (i) general ly to promote and assist in the rapid and ord erly establ ishment, growth and development of industries, trade and commerce, in the State of Assam; and (ii) in particu lar and without prejudice to the gen era lity of clause (i)— (a) to establish and manage indu stria l and Commercial estates at places selected by the State Government; (b) to develop indu stria l areas and growth centres selected by the State Govern­ ment for the purpose and make them ava ilab le for undertakings to establish themselves; (c) to undertake schemes or works, either joi ntl y with other corporate bodies or institut ions, or with local authorities, or on an agen cv basis, in furthera nce of the purposes for which the Corporation is establ ished and all matters connected therew ith ; (d) to provide or cause to be provided amen­ ities and common faci litie s in industria l estates, commercial estates and indu stri­ al areas and growth centres and cons­ tru ct and maintain or cause to be main­ tained wo rks and bu ildings therefor; (e) to make availab le plots of land bui ld­ ings, and amenities on lease/licence/hire or 50 THE ASSAM GAZETTE, EXTRAORDINARY, fEB. 14, 1981 sale to industrialists or persons intending to star t indu stria l underta kings; (f) to construct buildings for the housing of the employees of such industries and employees o f the Corporation; and (g) to div er si fy its ac tiv it ie s w it h pr ior ap p­ ro va l of the Go vt , if such dive rs ifica tio n is dee me d ne ce ss ar y fo r pr op er fu nc tio ni ng of th e Co rp orat ion. w^ra'ofthr S u b l e c t the ot he r pr ov isi on s of this Cpororation A ct , the Co rp or at ion sh al l ha ve pow er -... • •; .. VK'-’W-- gr~y." r- -A. (a) to ac qu ire and hold such pr op er ty , both m ov ab le and im mov ab le, as th e Co rp or a­ tion m ay deem ne ce ss ar y fo r th e per fo r­ man ce of an y of its ac tiv iti es , and to lea se, sell, ex ch an ge or ot he rw ise tr an s­ fe r an y pro per ty he ld b v it on such con­ ditio ns as m ay be deem ed pr op er b v the Co rporation: fb) to pu rcha se by ag re em en t or to ta ke on leas e or un de r an v form of te nan cy an y lan d, to er ec t such bu ild in gs and to exe­ cu te such othe r wor ks as m ay be ne cess­ ary fo r the pu rpose of ca rr yi ng out its du tie s and fun ction s: (c) to al lo t plo ts, fa ct ory sheds or bu ild ings or pa rts of bu ild ings , in clud in g re side n­ ti al tene man ts and am en iti es to su ita ble pe rso ns in th e in du st rial and com me rci al es tates gr ow th cen tre s, and in du stria l area s es ta bl ishe d or de ve lope d bv th e Co rp or at ion and to ex ec ut e lea se dee d or an v othe r ag reem en t w her ev er ne cessa rv; (d) to m od ify or rescind such all otmen ts, in clud in g the righ t and po wer to ev ic t the al lo ttee s conc erne d on br ea ch of an y of o THE ASSAM GAZETTE, EXTRAORDINARY, FEB, 14, 1991 51 the terms and conditions of the lease deed or any other ag reem en t; w s s i (e) to con stitute advi sory comm ittees to advise the C orporat ion ; ..ngn (f) to engage sui table consult ants or persons having special know ledge or skill to ass­ ist the Corporation in the per formance of its functions; " ' , z ■ \ v ■ (g) to en ter into and perf orm all such con­ tracts as it may consider necessa ry or exp edient for car rying out any of its func tions ; and ..* ’.... - .. ” -..... —s—y....... (h) to do su ch ot he r th in gs and pe rfor m such acts as it may ihi nk nece ssary or expedient for the pro per conduct of its functions and for car rying into effect the purp oses of thi s Act. tlon f̂oXrs 17. All permissions , orders, decisions, notices and docu- oth er documents of th e Corporation sha ll be auth- CorporaL>ne n ti c a t e d by the signature of the Manag ing Dir ector of the Corporation or any oth er officer aut horise d by the Corporation in this behal f. Power to levy service charge. 18. Notwi ths tanding any thing contained in any con tract or in any law for the time being in force, it sha ll be law ful for the Corpora tion to levy deve lopm ent cost, fees or service charges to cover its expenses on construction and ma inte­ nanc e of roads, drainage, wa ter -su pp ly and such oth er services and amenitie s as may be provided by i t includin g prov ision of str ee t ligh ting , at such rat es as may be prescribed from time to time and such cost, fees or charges may be levied on the plo t hold ers or oth er persons rece iving benefit of the services or amenities. 52 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 1991 byrthe’state i 1 9 - The State Gove rnment ma y issue to the Government Corporation such general or special directions as to pol icy as i t ma y thin k necessa ry or expedient for car ryi ng out the purposes of this Act, and the Corporation shal l be bound to fol low and act upon such directions. CH AP TE R— IV FIN ANCE, ACCO UN TS AND AUDIT Application of Corpora­ tions assets. Corporation fund. 20. All prop erty, fund and other assets vest ing in the Corpo ration shal l be held and applied by it, subject to the provisions, and for the purposes of this Act. 21. The Corporation shall have and maintain its own fund to which shal l be credi ted— '1 © (a) all moneys received by the Corporation from the State Gove rnment by way of grants, equ ity contribution, subventions, loans, advances or otherwise; (b) all fees, costs and charg es received by the Corporation under this A c t ; (c) all moneys received by the Corporation from the disposal of lands, build ings and other properties mova ble and immovable and other transactions; (d) all moneys received by th e Corpo ration by wa y of rents and profits or in any other mann er or fro m any other sources; (e) all moneys received by the Corporation from Gove rnment undertakings, Comp a­ nies, Fina ncial Institutions, Comm ercial Banks or from any oth er sources. TH E AS SA M GA ZE TT E. EX TR AO RD IN AR Y FEB. 14, 1991 53 22. The State Gove rnment may after due Legislature by Granteg, snb icript icns loans and appro priation made by the State to ĥ”ccor-l a w i n “this b eha lf make such equ ity capital, grants , poration. subscriptions, loans and advances to the Corp ora­ tion as it m ay deem necessary for the performance of the funct ions of the Corporation under this Act, and all grants, subvention, loans and advances made shall be on such terms and conditions, as the State Gove rnment may after consulting the Corporation, determines. Power of 23. (1) The Corpo ration may, from time to Corporation time, with the previous sanction of the State l°(ib°gu;̂ n-Government and subject to the provis ions of this tee of loans. Act and to such conditions as ma y be prescribed in this behalf, borrow any sum from open market or from Ban k or financial insti tution required for the purposes o f this Act. (2) Rules made by the State Govern­ ment for the purposes of this section ma y em­ power the Corpo ration to borrow by the issue of bonds or stock or otherwise . (3) The maximum amount which the Corp o­ ration ma y at any time Rave on loan under sub­ section (l j shall be rupees fif ty crores unless the State Governm ent wit h the approval of the State Leg isla tive Asse mbly, fixes higher maximum amount- : .. ...-• ' *1 (4) The State Gov ernm ent ma y guarantee in such manner as it thinks fit the paymen t of the prin cipal and interest of any Ioan proposed to be raised by th e Corporation or o f e ither th e principal or the i nte re st : Provide d that the State Gov ernm ent shall, as long as any such guarantees are in force, lay befo re the State Leg islative Ass embly in ev ery year during the first session of the State Legis la­ tive Assembly, a statem ent of the guarantees, if any, give n during the current financial year and an up-to-date account of the total sum, if any, which have been paid out of or Into the State 54 THE AS SA M GAZETTE, EXTRA ORDIN ARY VFB. 1 19S1 Revenues by reason of any such guarantee s or paid in to the State Revenues towards repa yment of any money so paid out. Depowte. 24 The Corporation ma y accept deposits on such terms and conditions as it deems fit from persons, autho rities , or institutions, to whom allotment or sale of land, build ing or shed is made or is l ikely to be made in f urth eran ce of the objects of this Act. «hCTrfundsn.d 25.(1) The Corporation shall make provis ions for such rese rve and other specially denominated funds as the State Governm ent mav, from time to time, direct. .e (2) The management of the funds refe rred to in sub-section (1), the sums to be tran sfer red from time to time to the cred it therein and the application of money comprised therein shall be determined by the Corporation. <e> (3) The funds refe rred to in sub-section (1) shall not be utilis ed for any purpose other than that for which it was consti tuted withou t the previous approval of the State Government. Expenditure from funds. 26 (1) The Corporation shal l Have the author ity to spend such' sums as it think s fit for the purposes autho rised under this Ac t from out of the general fund of the Corporation refe rred to in Section 22 or from the rese rve and other funds refe rred to in Section 26, as the case may be (2) Without prejudic e to the gen era lity of the power conferred by sub-section (1), the Corpora­ tion ma y contribute sums, as it thinks fit, towards expe nditure incurred or to be incurred by any local author ity or statutory public undertaking in the performance in relation to any of its indu s­ trial and comm ercial estates or industrial areas, and grow th centres, of any of the statuto ry func­ tions of such author ity or undertaking, inclu ding expenditure incurred in the acqusit ion of land, THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 55 (3) The Corporation shall have authority to advance loans, with or with out security or inter­ est, to its employee s on such term s as it deems fit. programme 2 7 - C1 ) T he Corporation shall, by such date of work, in each year as may be prescr ibed, prepa re and submit to the State Governm ent for approval an annual financial statem ent and the program me of wor k for the succeeding financial year. - - — - ’ (2) The annual financial statement shall show the estimated receipts and expenditu re durin g the succeeding financial yea r in such form and detai l as may be prescribed. (3) The Corporation shall be competent to make variation s in the programme of wor k in the course of the year; provided that all such varia ­ tions and reappropriations out of the sanctioned budget, are brought to the notice of the State Government. Accounts a ,d gg q ) The Corporation shall maintain books of accounts and other books in relat ion to its business and transaction in such form, and in such manner, as m ay be prescribed. .....................' ....................................... (2) The accounts of the Corporation shall be audited bv an auditor appointed by the State Gove rnment in consultation with the Con troller and A udi tor-Ge neral of India. (3) As soon as the accounts of the Corp ora­ tion are audited the Corporation shall send a copy th ereof together with the copy of the report of the auditor thereon to the State Government. (4) The State Gove rnment shall cause to be forwarded the accounts of the Corporation together with the audit report thereon to it un­ der sub-section (3) to be laid ann ual ly before the State Leg isla tive Assem bly. 55 7 HE ASSAM GAZETTE EXTRAORDINARY, FEB- 14, 1991 Concurrent and special audit of accounts . Appl ication of Assam publ ic pre­ mises (Ev ic­ tion o f un­ authori sed Occupants) Act, 1971. 29.(1) Notwi thst and ing anyth ing contained in the las t preceding section, the Sta te Govern­ me nt may, by order, direct that the re shall be con cur ren t aud it by such perso n as it thinks fit of the accounts of the Corporation relating to any pa rti cu lar transa ction or class or series of transaction s or to a p art icu lar period. (2) When an order is made under sub-section (1), the Corporation sha ll pre sen t or cause to be presen ted for aud it such accounts and shall fu r­ nish to the person appo inted under sub-section (1), such inform atio n as the said person nn; req uir e for the pu rpose of audit. CHAPTER-V APPLICABILITY OF CERTAIN LAWS 9 30.(1) The Sta te Gov ernment may, xx of 1976. by notification, prov ide th at from such date as is sta ted ther ein , the Assam Pu b­ lic Premises (Eviction of Unauth orised Occupants) Act, 1971, shall, sub ject to the provisions of sub-section (2). app ly to the prem ises belonging to ves ting in <5 or leased by the Corporation. ’ ■ ' ' ...’ .. "ATT... (2) On a notif ication being issued under sub-sec tion (1), the aforesaid Act and the rules made the reunder sha ll ap­ ply to premises of the Corporat ion with the following modif ication, nam ely :— (a) the Sta te Gov ernmen t shall ap­ poin t an officer of the Corpora­ tion who is holding or has held office wh eth er under the Govern­ ment or the Corpora tion, which in the ooining of the Sta te Go­ vernment. is not lower in ran k than that of a Dep uty Collector or an Execut ive Engineer , to be the Estate Officer for the purp oses Ifi E AS SAM GAZETTE, EXT RAORDIN ARY. FEB. 14, 1991 57 of the aforesaid Act and one or more officers may be appointed as Estate Officers for different areas or for the same area ; (b) reference to 'p ub lic premises” in that Act and those rules shall be deemed to be referenc e to premises of the Corporation and refer ences to the '"State Gov ern­ men t” in sections 6, 13 and 15 A thereof sha ll be deemed to be refer ences to th e Corporation. Non-appii- 31. (1) The Assam Urban Areas Assam Act cenain Acts Rent Control Act, 1972 shal l not of app ly - (a) to any premises belonging to or vest ing in or leased by the Cor­ poration under or for the pur­ poses of this Act; (b) as against the Corpo ration to any tenancies or like relationship created by the Corporation in respect of any premises; but shall apply to any premises let to the corporation. (2) The State Gove rnment may, by notification published in the official Ga z­ ette, decla re that such of the provisions of the Assam Town and Cou ntry Pla nn­ ing Act, 1959 shal l not app ly to the noFmo' premises belonging to or vested in the Corporation or to any indu stria l area, industria l estate, grow th centre or com­ mercial estate for a period of ten years from the date of commencement of this Act. . 58 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 (3) The State Governm ent may, by notification exem pt any such premises or estate as aforesaid from any of t he provi- 2^ 1̂957 sions of the Assam Municipal Act, 1956 or such period, not exceeding ten years, as may be specified in th e notification. CH APTER - VI. ACQUISITIO N AND DI SP OS AL OF LAN D. Acquisition of land. 32. Whenever any land is required by the Corporation for any purpose in furtherance of -the objects of this Act, but the Corporation is unable to acqu ire it by agreement, the State Government may upon an application of the Corporation in that behalf, order proceedings to be taken under the Land Acquisit ion Act, 1894 for acquiring the same on beh alf of the Corporation as if such land were needed for a public purpose with in the meaning of that Ac t and upon compliance of the provisions of that Act, the land so acquired shall vest in the Corporation. 9 Transfer of 33. For furtherance of the objects of this LandTThe Act, the State Governm ent may, upon such con- Corporation -ditions as ma y be agreed upon betw een the State Governm ent and the Corporation, place at the disposal of the Corpo ration any land vested in the State Government. fin’db'the $4. Subject to any direction give n by the Corporation.State Gove rnment the Corporation ma y dispose of any such land vested in the Corporation under Section 32 or placed at its disposal under Section 33 or acquired by it by agree ment to such person in such manner and subject to such terms and conditions as it considers expedient for serving the purposes of this Act. THE AS SA M GAZETTE, EXTRAORDINA RY FEB. , 14 1&91 59 CH APTER - VII . SU PP LE ME NT AR Y AND MISCELLANEOU S PRO VISION S. Power of the Corporation 35. (1) If the Corporation after holding a certXedefa-l°c a l e n Qu iry or upon report from any of its uhs by owner officers or other information in its possession, is indistHa'11 satisfied that the owne r of any land in an indus- area. trial area has faile d to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to car ry out any development of the land for which permis­ sion has been obtained under this Act the Corporation may serve upon the owne r a notice requ iring him to provide the amenity or car ry out the development with in a reasonable time to be specified in the notice. (2) If any such amenity is not provided or any such develo pment is not carr ied out with in the time specified in the notice, the Corpo ration ma y itse lf provide the amenity or carry out the develo pment or have it provided or carrie d out throu gh such agen cy as it deems fit: Provided that, befo re taking any action under this sub-section, the Corporation shal l afford reasonable oppo rtunity to the owner of the land to show cause as to wh y such action should not be taken. __..... (3) All expenses incurred by the Corporation or the agency emplo yed by it in providing the amenity or car rying out the development together wit h interest, at such rate as the State Govern­ ment may by order fix, from the date when demand for the expenses is made unti l payment, shal l be reco vera ble by the Corporation from the owner. o.derofde- 36. (j) Where the erection of any build ing in bSung.0 an industrial area, indu stria l estate, commercial estate or growth centre has been commenced or 60 THE ASSAM GAZETTE, EXTRAORDINARY. FEB. 14, 1991 is being carrie d on, or has been completed, or any- existing build ing is altered in contravention of the terms on which such build ing or the land on which it stands is held or granted under this Act, any officer of the Corpo ration empowered by it in this beh alf may, in addition to any prosecution that may be instituted under this Act, make an order directing that such an erection shall be demolished by the owner thereof within such period not exceeding two months as ma y be speci­ fied in the order, and on the failures of the owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be reco vera ble by the Corpo ration from the ow ne r: Provide d that no such order shal l be made unless the owner has been give n a reasonable oppo rtunity to show cause wh y the order should not be made. (2) An y person aggr ieved by an order made under sub-section (1) may pre fer an appeal against that order w ithin thirt y days from the date thereof to the Corporation, and the Corpo ration ma y after hear ing th'e parties to the appeal eithe r allo w or dismiss the appeal or reve rse or va ry any part o f th e order. (3) The decision of the Corporation on the appeal and subject only to such decision, the order made by the officer under sub-section (1) shal l be final. PoWhr -id? 37.( 1) Where the erection of any building op°elraHon.in sin a n indu stria l area or indu stria l estate or com­ mercial estate op growth centre has been comme­ nced, or is being carr ied on, or any existin g bu­ ildin g is altered, in contraven tion 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 Corpo ration empowered in this beh alf may, in addition to any prosecution that may be institu ted under this Act, make an order THE ASSAM GAZETTE. EXTRAORhlNARV FEB 14 1991 61 requiri ng the building operation in relat ion to such erect ion to be discontinued on and from the date of the serv ice of the order. (2) Where such build ing operat ions are not discontinued in pursuance of the requis ition under sub-section (1), the Corporation or the officer empow ered as aforesaid may requ ire any police officer to remove the person by whom the erection of the build ing has been commenced and all his assistants and workm en from the place of the building within such time as may be specified in the requis ition and such police officer shall comply with the requisition accor- dinrtlv >5̂ « (3) Af ter a requis ition under sub-section (2) has been complied with, the Corporation or the officer empowered as aforesaid may depute by a wri tten order, a police officer or an officer, or employee of the Corporation to watch the place in order to ensure that the erection of the buil­ ding is not continued. (4) An y person fail ing to comply with an order made under sub-section (1) shall, on con­ viction, be punishable with fine which may exten d to two hundred rupees for every day during which such non-compliance continues after the serv ice of the order- (5) No compensation shall be pay able to any person for any demage or loss which he may sustain inconsequence of any odrer made under this section. who, whether at hisconstrucUon 38. (1) An y person, u aandbu-o w n n̂ s â n c e o r at the instance of any other per- adingcont- son, unde rtaken or carries out construction of, rary to termsO r alteration s to any building in an industria l ° ° area or indu stria l estate or commercial estate or grow th centre, con trar y to the terms under which he holds such building or land under this Act, shal l on conviction, be punishable with fine 62 THE AS SAM GAZETTE. EXTRAORDINARY, FEB. 14 1991 which may extend to ten thousand rupees and in the case of a continuing contravention, with a fur the r fine which may exten d to two hundred rupees for every day during which such offence continues afte r conviction for the first commi­ ssion of the offence. (2) An y person who uses any land or build ing in an industria l area or industria l estate or com­ mercial estate or growth centres con trary to the terms under which he holds such land or building under this Act, or in contravention of the pro vi­ sions of any regulations made in this beh alf shal l, on convict ion, be punishable with fine which' may extend to five thousand rupees. prunese ĉ 9̂. (1) Within any area taken up for dev e­ lopment under para grap h (b) of clause (ii) of sec­ tion 14, and for the purpose o f (a) carrying gas, water or ele ctr icity from a source of sup ply to, or (b) construct ing any sewers, or drain necessary for car ryi ng off the wor king and waste liquids of an indu stria l process through any interven ing area, the Corporation or any person empowered in this beh alf by the State Gove rnment by notifica­ tion (hereinafter in this section refe rred to as "the authorised person”) may lay down, place, maintain, alter, remo ve or repair any pipes, pipelines, conduits, supply or service­ lines, posts or other applian ces or apparatus in, under over, along or across any land_ in such areas. - (2) The Corpo ration or the authorised person may at any time enter upon any land in any such area and in such event the provisions of section 49 shall, mutatis mutandis apply. (3) While exercis ing the power conferred b y sub-section (1), the Corporation or the auth o­ rised person shall where the land effected in a street, bridge, sewer, drain or tunnel, cause as lit tle damage as possible to such property, and ful l compensation to all persons interested for THE AS SA M GAZETTE, EXTRAORDINA RY, FEB 14, 1991 63 any damage sustained by them in consequence of the exercise or such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorised persons, by the State Government. (4) Nothing in this section shall authorise or empower the Corporation or the authorised person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except tha t the Corporation or such person may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alt er any pipe so laid down : Provided that nothing in the aforesaid provi­ sion shall be construed to mean tha t the Corpora­ tion or other person is forbidden from having the said land acquired at any time by the State Govern­ ment in the normal course. Po w er of 40. Any officer of the State Governm ent, any entry - member of the Corporation , and any person either generally or specially authorised by the Corporation in this behalf, may enter into or upon any land or building with or without assistance of workmen for the purpose of— (a) making any inspection, survey, measure­ ment, valuation or enquiry or taking levels of such land or building ; (b) examining works under construction and ascertaining the course of sewers and drains ; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended linse of work; 64 fHE ASSAM GAZETTE, EXTRAORDINARY, FEB. 14, 1991 (e) markin g such levels, bou nda ries an d lines by plac ing mar ks and cuttin g tren che s; (f) doing any oth er thing necessary for the efficient adm inistration of this Act: Provided th at — (i) no such entry shall be made except bet­ ween the hours of sunr ise and suns et and withou t giving reasonable notice to the occupier, or if the re be no occupie r, to the owner of the lan d or build ing ; (ii) sufficient opp ortuni ty shall in every in­ stance be given to enab le wom en, if any, to withdraw from such land or building; (iii) due regard should always be ha d, so far as may be com pat ible with the exigeni- ous of the purpos e for which the entry' is made, to the social and relig ious u sa­ ges of the occupant of the lan d or bui ldin g entered. th ĉorpora- 41. The State Government may, by noti fica­ tion nay.be tio n, nom ina te any officer of the Co rpo rat ion to be o?hwd Pw«s a con tro lle r or licensing autho rity under any law ■for the time being in force rela ting to the procu­ rem ent or dis tribu tio n of any com modity in res­ pect of the industrial und erta kings exta blished or to be established in ind ust ria l area , ind ust ria l estates or commerc ial esta te or growth cent re entru ste d to or deve lope d by the Co rporati on , and no such no ­ mina tio n shall be called into que stio n merely on the grou nd that such officer is no t an officer of the Sta te Gov ernment. Overriding 42. No twithstanding any thin g con tain ed in any Ĝ Vernment oth er law, or in any licence or permit, if the State to issue direc-Government is satisfied either on a recommenda tion authoHriOsal mad e in this behalf by Co rpo rat ion or otherwise, th at the setti ng up of an indust rial undertakin g (wh ether within an ind ust ria l are a or outs ide) is im peded by a loca l a utho ri ty ’s insis tence on con­ dit ion s which the State Government conside rs THE ASSAM GAZETTE. EXTRAORDINARY FBB 14, 1591 65 unreasonable for the grant of any amenity, the State Government may direct the local authority to grant the said amenity on such conditions as the State Government may consider fit and there­ upon the amenity shall be granted : Provided that the charge to be paid for grant­ ing or continuing such amenity to the local autho­ rity concerned shall not be less than the cost in­ curred by the local authori ty or licenses concerned for pioviding such amenity: Provided further that no such direction shall be issued by the State Government without giving the local authority a reasonable opportunity to show cause against the proposed direction. oB ekr Ceioer a n V Pe r s o n o r Company applies to the missbnPfn’ Collector or any other competent authority for lease adjoin ing o f Government land or for permission to convert uta8cases.*' Agricultural land into non-agricultural use for setting up of an industrial undertaking or for locating a brick kiln guary or for any other use which may be detrimental to the orderly growth of an industrial area or industrial estate or commercial estate or growth centre and if such Government land or agricultural land is situated within a radius of five kilometres of the outer boundary of the said industrial area or estate, the collector or the competent authority shall not grant such lease or permission without prior consultation with the Corporation: Provided that where the Collector or the com­ petent authority overrides the objection of the Cor­ poration he shall give reasons therefore in writing to the Corporation, whereupon the Corporation may appeal to the prescribed authority : Provided further that no action shall be taken on the order of the Collector or the competent authority till such appeal is disposed o f : 66 THE ASSAM GAZETTE, EXTRAORDINARY FEB. 14, 1991 Provided also that the provisions of this section shall not apply to any village industry, cottage industry or tiny sector industry. Explanation :—For the purposes of this Section (i) the expression “village industry” and “cottage industry” shall have the same meaning as assigned to them by the Government; (ii) “tiny sector industry’ shall mean such industry as may be declared by the State Government from time to time to be a tiny sector industry. Notices etc. 44. Where any notice, order or other document n°abie tFmX" is s u e ^ o r made under this Act, or any rule or re­ gulation made thereunder, requires anythings to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice order, or other document shall specify a reasonable period of time for doing the same or complying there­ with. Cretins8 45.(1) The Corporat ion shall furnish to the State etc. ’ Government returns, statistics, reports, accounts and other information with such respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the State Government may from time to time require. (2) The Corpora tion shall, in addition to the audit report referred to the section 27, furnish to the State Government an annual report of its working as soon as may be after the end of each financial year in such form and with such details as may be pres­ cribed and a copy of the annual report shall be placed before the State Legislature as soon as may be after it is received by the State Government. THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14, 1991 67 ristingareis ^6. The State Government may by notification estates and and subject to such terms and conditions as may be GorporaUonf sPe c ihe d therein, place any industrial area or in- °n’dustrial estate, commercial estate, growth centre established prior to the date of commencement of this Act under the management and control of the Corporation and thereupon the provisions of this Act, shall apply to such industrial area, industrial estate, commercial estate and growth centre as if the industrial areas were declared and the industrial estate, commercial estate and growth centre were established under this Act, ^f’̂ reL’ or' 47. Where the State Government is satisfied or paidhat with respect to any particula r industrial estate or industrial area^ or any par t thereof, the purpose for which the Corporation was established under this Act, has been substantially achieved so as to render the continued existence of such estate or area or part thereof under the Corpora tion unne ­ cessary, the State Government may, by notification declare that such industrial estate or industrial area or part thereof has been removed from the jurisdi­ ction of the Corporation. The State Government may also make such other incidental arrangement for the administration of such estate or area or part thereof as the circumstances require. Dissolution 48. (1) Where the State Government is satis- t°knlorp ora fied that the purposes for which the Corporation was established under this Act have been substan­ tially achieved so as to render the continued existence of the Corporation in the opinion of the State Government unnecessary, it may, by notification, declare that the Corpora tion shall be dissolved with effect from such date as may be specified in the notification and the Corporation shall be deemed to be dissolved accordingly. (2). From the said date — (a) all properties, funds and dues which are vested in or realisable by, shall vest in or be realisable by, the State Government; I Ua I 68 FPE ASSAM GAZETTE EXTRAORDINARY, FEB, 14, 1991 (b) all liab ilities which are enforceable against the Corpoartion shall be enfo r­ ceable against the State Govrnment. prosecution, 49. Unless otherwise exp ressly provided no Court shal l take cognisance of any offence rel at­ ing to any property belonging to or vested by or under this Act, in the Corporation, punishable under this Act, except on the complaint of, or upon inform ation received from, the Corporation or some person authorised by the Corporation by general or special order in this behalf. Compensation 5 0 . (1) The Corpo ration or any person autho- by corportr i s e c l by the Corpo ration by gen eral or special tion, order in this beh alf may, eithe r before or after the institu tion of the proceedings, compound any offence punishable by or under this Act. (2) Where an offence has been componded the offender, if in custody, shal l be discharged and no furthe r proceedings shall be taken against him in respect of the offence so compounded. offence# by 5 1 . ( 1 ) Whe neve r an offence under this Act, companies. p,a s be e n committed by a company, every person who at that time the offence was committed was in charge of, or was responsible to the company as well as the company, shal l be deemed to be gu ilty of the offence and shall be liab le to be pro­ ceeded against and punished acc ord ing ly: Provided that nothing contained in this sub­ section shall render any such person liab le to any punishm ent under this Act if he proves that the offence was committed with out his knowledge and that he exercised all due diligence to prev ent the commission of such offence. (2) Notw ithst anding any thin g contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with' the con­ sent or connivance of, or is attr ibutable to any neglect on the part of any director, manager secre­ tary or other officer of the company, such director, 5 THE AS SA M GAZETTE. EXTRAORDINA RY FEB. 14, 1991 69 manager , sec ret ary or other officer sha ll also be deemed to be gui lty of that offence and shall be liab le to be proceeded against and punished accord ingly. Explanation—for the purposes of this section— (a) “company” means any body corporate, and includes a firm or other association of individuals ; and (b) “direc tor” in relation to a firm, means a partner in the firm. penait for Pe r s o n who obstructs the entry of a obs"ruction, person authorised under Section 49 to enter into or upon any land or building or molestes such per­ son after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. duesVery °f m o n e y payable to the Corpora tion in respect of which the person liable to pay the same has agreed by a written instrument that it shall be recoverable as a public demand, shall, on an appli­ cation made by the Corpora tion in that behalf, be recoverable as such demand. Power to 54. (1) The State Government, may by notifica- make rules. tion, make rules to carry out the purposes of this Act: Provided that where the State Government feel it necessary, it shall except on the first occasion of making rules under the section, take into consi­ deration any suggestion made by the Corporation relating to amendment of such rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may 70 THE AS SA M GAZETTE, EXTRAO RDINA RY FEB. 14, 1991 provide for all or any of the following matters, namely:— :;' e . v ; ■ (a) the fees and allowanceTpayable to the directors of the Corpora tion ; (b) the conditions of appointment and ser­ vice and the scale of pay of the Mana­ ging Director of the Corporation; (c) the conditions subject to which the Cor­ poration borrow money ; (d) the date by which the annual financial statement and programme of work shall be submitted by the Corporation to the State Government and the form and manner of preparing such statement referred to in section 27 ; (e) the form and the manner of maintaining books accounts and other books under section 28 ; (f) the form of, and the details to be given in the annual report under section 45 ; (g) the fees which may be charged by the Corporation ; (h) the conditions subject to which the Cor­ poration may dispose of laud, buildings and amenities ; (i) any other matter which has to be or may be prescribed. (3) All rules made by the State Government under an Assam Act shall, as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two o r more successive sessions, and shall unless some later date is appointed, take effect THE AS SA M GAZETTE . EXTRAORDINA RY. FEB. 14, 1991 71 from the date of their publication in the official Gazette subject to such modifications or annulments as the Legislature may, during the said per iod agree to make, so however, that any such modification or annulment shall be without prejudice to the vali­ dity of anything previously done thereunder. 2 X r '° 55. (1) The Corporation may, with the previous ”rion.regu" approval of the State Government, make regulation consistant with this Act, and the rules made there­ under, to carryout the purposes of th;s Act and without prejudice to the generality of this power, such regulations may provide for :— (a) the time and place of meetings of the Corpora tion and the procedure to be followed in regard to do the transaction of business o f such meetings to be provided; (b) the conditions of appointment and ser­ vice and the scales of pay of officers and employees of the Corporation other than the Managing Director; (c) deployment of funds of the Corporation and the officers of the Corporat ion who may operate its accounts ; (d) the terms under which the Corporation may dispose of land, buildings and ame­ nities; (e) the additional terms and conditions sub­ ject to which lands and building industri­ al area, industrial estate, commercial estate and growth centre, may be held oi used; (f) the procedure and conditions of allotment 3 of premises and modification cancella­ tion and recession thereof ; (g) the manner of publication of public notice and the manner of Service of Notices, Orders, Documents of the Corp oration; (h) any matter which has to be or may be provided by regulation- n THE ASSAM GAZETTE. EXTRAORDINARY FE8, 14, 1991 (2) All regulation made by the Corporation under the Act shall as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall, unless, some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without preju­ dice to the validity of anything previously done thereunder Protection or 56 No suit, prosecution or other legalprocee- Fn goodff îtĥ ’n 8s shall he against any person for anything .which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. Members 57. The members of the Corpora tion and the staffeofCor d-Offic e r s a n d employee of the Corporat ion shall, pcation to when acting or perporting to act, in pursuance o f ' <£fvan"sbhc any of the provisions of this Act be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Effect of 58 The provision of this Act shall have effect notwithstanding anything inconsistent therewith “ th other contained in any other law- law s. Power to r«- 59. If any doubt or difficulty arises in giving “°VdifficuU e ffe c t t o the provisions of this Act, State Govern- ties. ment may, by order make provision or give such direction not inconsistent with the express provi­ sions of this Act, as may appear to it to be nece­ ssary or expedient for the removal of the doubt or difficulty and the order of the State Government, in such cases, shall be final : Provided that no such order shall be mad* or direction shall be given after the expiration of a period of two years from the date of commence­ ment of this Act. K. LASKAR, Secre tary to the Govt, of Assam, Legi slative Departm ent. G U W a H ATI - i" '( it e d a, d published by thr Oy. Director (P), Directorate of Ptg. an? Sty. ->« -n . ■ owa ii. ,i —21 (E x -- .az eti e) a 23—*<75—,'CC— ’ 4 2 I-9i