Bare ActsThe Assam Industrial Infrastructure Development Corporation Act, 1990

Section 38

Amendment status not verified — confirm the current text below against the official source.

(1) An y person, u aandbu-o w n ^n s^a n c e o r at the instance of any other per- adingcont- son, undertaken or carries out construction of, rary to termsOr alterations to any building in an industrial ° ° area or industrial estate or commercial estate or growth centre, contrary to the terms under which he holds such building or land under this Act, shall on conviction, be punishable with fine 62 THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 14 1991 which may extend to ten thousand rupees and in the case of a continuing contravention, with a further fine which may extend to two hundred rupees for every day during which such offence continues after conviction for the first commi­ ssion of the offence. (2) Any person who uses any land or building in an industrial area or industrial estate or com­ mercial estate or growth centres contrary 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 behalf shall, on conviction, be punishable with fine which' may extend to five thousand rupees. prunese^c ^9. (1) Within any area taken up for deve­ lopment under paragraph (b) of clause (ii) of sec­ tion 14, and for the purpose of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers, or drain necessary for carrying off the working and waste liquids of an industrial process through any intervening area, the Corporation or any person empowered in this behalf by the State Government by notifica­ tion (hereinafter in this section referred to as "the authorised person”) may lay down, place, maintain, alter, remove or repair any pipes, pipelines, conduits, supply or service­ lines, posts or other appliances or apparatus in, under over, along or across any land_ in such areas. - (2) The Corporation 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 exercising the power conferred b y sub-section (1), the Corporation or the autho­ rised person shall where the land effected in a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such property, and full compensation to all persons interested for THE AS SA M GAZETTE, EXTRAORDINARY, 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 that 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 alter any pipe so laid down : Provided that nothing in the aforesaid provi­ sion shall be construed to mean that 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 wer of

Section 38 – The Assam Industrial Infrastructure Development Corporation Act, 1990 | DailyLaw.ai