Bare ActsThe Odisha Industrial Infrastructure Development Corporation Act, 1980

Section 33

( I ) Subjcct Lo any directions given by the Statc Governmenr the corporatioh ptpi&:!:na may disposc

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

( I ) Subjcct Lo any directions given by the Statc Governmenr the corporatioh ptpi&:!:na may disposc . of:- (a) any Iand acquircd by thc Statc Govcrnment and trinsferrcd to it, without , ,undertaking or carrying out any de~eloprnentthere~u; or i - (b) any such ,. land al'ter un~ertaking or carrying out such , devklopment is it thinks 61, ' . . 'c such pe&on in suc11 harmer and subject to such iennn and ' mnditioas, as 4 com'ders expedient for securing the purposcs of this Act. (2) Tha poweis of, the Corporation with rcspe'ct to the disposkl hf land.un&r , , mb-sectioa- (1) shall be bo exercihed, as to, sccurc, so Iar as practicable, tha+_, (a) whepc ' the ~oiporation prb'poses ,to aspose of by.sale any sueh hn# which i s surpllls tn its rcquiremept, thecorporation 'shall offer'the Iadd ., i~ tlie3sst instance .., t o . .) , the persons from -1vhom'it was a,qcqdred,, if they ! .: I . : , . . .. . - . dwird to pkqhhie ~ t , subject 10 ,such rcqairemqti a s 'to. its developmeqt - . , . . , . Gd!:-uso as.thtbe Cop,amtion,may ihink'fit mhpsk;,.. , : -.. . , , r - . , , . ,,... ,. . , . . * , . . ... .. .-., .,.. I . . . * 0 . :, - - , I - : ! - 4 : :,!.a:. :,:j , j ! -,>:; .:: :, 7 , f ! i . ,:-, . - Th6 O R h A INDUS'CRIfiL INFRASTRUCTURE DBVELQPMHNT CORPORATION ALT; 1981 [Orissa Act 1 of 19811 (b) parsons who are raiding or carrying on busmess or other activitieson . ' . . any -so& land shall, - if they desire to obtain accommodation on Iand belonging to tho Cr;rporation and are willing to comply with any ieauirements or the Corporation as to its developmtnt and use have an opportunity to obtain there on accommodation suitable to their reasonable requiremenu on ;erms settled with due. regard to the price at which any such land has been acquired from tbem. . . (3) ~ o f h i n g in this Act shill be construed as inabliog Lhc ~ o i p r a r i o i o dispose of land by way of gifr, but subject as aforesaid, reference in this Act, to the dispoq~l of ,land, shall be construed as reference to the disposaI thereof in any jmanner' whethb %y way OF sale, mortgage, exchange or lease or by the creation, of any easement, right or privilege or othemise. AqubItion - 34.-(1) Witha.view toascertaining whether any plot allotted in anindustrial . of unutilircd area .developed by the Corporation has been utilised for industrial purposes or not, nuplurlaod the Board shall carry out sk-monthly, riview as'. to how much nnutilisd +reaVof sw' each plot is capable of subdivision and whether the unutilised area a n beutilided alIogrne~t b for any other purpose under this Act after subdivision, end shalllissue_nctice to other the plot holders in ' the . industrial: a m calling upon- them to epish to it ,relevant ' :d~uiam hformauon in , tho prescribed form and when so called upon each plot holders shag . be bound to furnish true and correct information required within one month from the datc of receipt of such notice by him. (2) For the purpose of enabling the Board to deterinine -whether there is any unutilised portion of any plot in the industrial area and whether such portion is apablei of subdivision so as to make it usefuI for any other purpose under this Act after subdivision, it shall be Iawfull for any officer of the Corporation; +tfier generally or specially authorised by the - Board- in this behalf,, and for his-se~vanm and w o r h s n at all resonable hour* (i) to enter upon and survey the plot; , (ii) to set out the boundaries of the utilised portion of the plots; and (iii) to do all otller acts necessary .for the purposes aforesaid. (3) If the Board is satisfied ihat any plot hode~ has notutilised the maximum a r k of his plot suitable for, construction or buidings Tor a period of there lyqs or more from the date on which possession of the plot was delivered to him by the Boiird and- the utilised portion, is wpabIe of subdivision so as to make ~t usefhl, far any other purpose under this Act, the Board may, not withstanding anything antained in any contracl or in any law Tor the time being in force, issue to the plot. .holder -and all o thcr persons interested in the plot notice to show cause why such unutilised . portion should not be acquired for the purpose of being utilised for any other purpose under this Act. The Board shall also cause public notice to be given in the manner laid down in section 46. . (4) When - any such notice is issued, the Board shall give a rksonablc .. opportunity of being heard LO the plot holder and other persons interested in Ihe glot and it . shall be open to the plot holder or any other person interested in Ihe plot, to appear and object to such resumption on theiground thal the unutilised portion is required by the plot holder himself for the purpose,of immediate expansion of his own industry and that he has already taken e f f d v e steps for, utilising such portion. . . . . . (S),If-afrer giving a reasonable opporlunit y of berig h&d, rhe Board' is' satisfied -1Iiat-iihe holder of t-h~ plot has failed to. ulilis~: .or is.noI likely . tb utilisd . tbe_uiiutiIised ,portioi~ for 'ndustrial purposes within a reasonable . . eriod, and such unutilised -poition en be used for any other purpose ~.qder this lct,-:the Board mayinotwith- ,standiiig anything b n ~ i n e d in any cont~act or In any law. for thetim~ being in force, 'for,the.,puiposi 6f enabling the. Corporation to properly dischaigk its functions or ; Bfi~moti'ng-iipid growh and,dkvelo+ment or industries under this Act,pn; such unutilised prtion, resume the'unutilised portion of'the land by' 'giviig a riotice to the holder THtl OR~SSA. IRDUWF~I~L I N F R A , S T R ~ ; ~ U R ~ ~~Vk~bp&&r '. ' ' ' CORPOR~TION ACT, 1980 [Orissa Act 1 of 19811 bf fhe#lot. OD and fraii the dare of iuch irbti* fhi .&lit&sed &hibii .bf lapd spcci6ed in the - no tide , shall vest absofutdy: in the' - Corpaiktion, free from & ~cncumbrsnces. . . (6) Where any land is vested in the Corporaion -under the lust preceding sub- s&tiobi the Board m y , by noti& in writing, o d e iny pmon fihu 'may ba in possession of the land to surrender of deliver possession thereof to the Board or any ~ r s o n duly authorised by it in this hhalf within thlfly ' &ys of the ;', ,' , ,, :', ja~ice,of the ~ o ~ I E . ' . , ( - , .'I (7) If any person rebnes or faibto Amply with an order aa& udder lfle faat p w n g sub-section, the Board way take posession of the Land, and rnd'for the the pmpose w such force as lnay be nec&ary. ' (8) Wherc any I d is resumed by tk Board undqr this *ion the Corporalion shall , p y &i such rksui~~fiirh an not cxcieding,the proportionate amount or.prbmiu,m paid tiy the plot holder or his pr+.eassorin-t@le claiming under the Corpoetiqn ,ia respect Qf the land so .resum@,,withintemt thereon at six psr &nt per; am' - poitt the date of paybeat of the premium, and where the h e : h a ieiital 1e&e tEe amount to be awded shll not excg~d &a haunt a u a l to thrk times the net average yearly proportionate rent payable by the pIot holder to the Corpotitiqn in fesp&t of the, laha sd res'umtd. SUPPLEMENTARY AND M I S C E L ~ N E ~ Z ~ S ' P~OV~SIONS power of t b ~

Section 33 – The Odisha Industrial Infrastructure Development Corporation Act, 1980 | DailyLaw.ai