Gujarat Industrial Development Act, 1962
[Gujarat Act, No. XXIII of 1962]1*
[9th August, 1962]
Preamble
2[An Act to make special provision for securing the orderly establishment and organisation of industries in industrial areas and industrial estates in the state of Gujarat and for the purpose of establishing commercial centres in Connection with the establishment and organisation of such industries] and for that purpose to establish an Industrial Development Corporation, and for purposes connected with the matters aforesaid.
It is hereby enacted in the Thirteenth Year of the Republic of India, as follows:-
Footnotes:
-
For Statement of Objects and Reasons See Gujarat Government Gazette, 1962, Part V, Pages 47, 48.
* First published, after having received the assent of the President in the "Gujarat Government Gazette" on the 9th August, 1962.
-
These words were substituted for the words" An Act to make special provision for securing the ord erly establishment of industries in industrial areas and industrial estates in the State of Gujarat, and to assist generally in the organisation there of" by Guj. 11 of 1986, S. 2.
Chapter: 1 - PRELIMINARY
Section 1 - Short title, extent and commencement
(1) This Act may be called the Gujarat Industrial Development Act, 1962.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
Section 2 - Definitions
In this Act, unless the context otherwise requires,--
(a) "amenity" includes road, supply Of water or electricity, street lighting, drainage, sewerage, conservancy and such other convenience as the State Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;
(b) "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, whether in actual use or not;
(c) "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;
1[(ca) "commercial centre" in relation to any industrial area or industrial estate means any site selected by the State Government where the Corporation builds shops and other buildings and makes them available for any commercial activity;]
(d) "Corporation" means the Gujarat Industrial Development Corporation established under section 3;
(e) "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 re-development, but does not include mining operations; and "to develop" shall be constructed accordingly;
(f) "engineering operations" include the formation of laying out of means of access to a road or the laying out of means of water supply;
(g) "Industrial area" means any area declared to be an industrial area by the State Government by notification in the Official Gazette, which is to be developed and where industries are to be accommodated;
(h)"Industrial estate" means any site selected by the State Government, where the Corporation builds factories and other buildings and makes them available for any industries or class of industries;
(i) "means of access" includes a road for any means of access, whether private or public, for vehicles or for pedestrians;
(j) "premises" means any land or building or part of a building and includes-
(i) the garden, ground sand out-houses, if any, appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "regulation" means regulation made under section 54;
(m) "relevant land acquisition law" means--
(i) in the Bombay area and the Kutch area of the State of Gujarat, the Land Acquisition Act, 1894 as in force in those areas;
(ii) in the Saurashtra area of the State of Gujarat, the Land Acquisition Act, 1894 as applied to that area; and
(iii) the Gujarat Land Acquisition (Industrial Areas) Act, 1961;
(n) the expression "land" and the expression "person interested" shall have the meanings respectively assigned to them in the relevant land acquisition law.
Footnotes:
-
Clause (ca) was inserted, Guj. 11 of 1986, s.3.
Chapter: 2 - ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION
Section 3 - Establishment and incorporation
(1) For the purposes of securing and assisting in the rapid and orderly establishment, and organisation of industries in industrial areas and industrial estates in the State of Gujarat 1[and for the purpose of establishing commercial centres in connection with the establishment and organisation of such industries], there shall be established by the State Government by notification in the Official Gazette, a Corp oration by the name of the Gujarat Industrial Development Corp oration.
(2) The Corp oration 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.
Footnote:
-
These words were inserted by Guj. 11 of 1986, s. 4.
Section 4 - Constitution
(1) The Corporation shall consist of the following 1[twelve] 2[Directors], that is to say-
(a) 3[Three] official 2[Directors] nominated by the State Government, of whom one shall be the Financial Adviser to the Corporation;
(b) one 4[Director] nominated by the State Electricity Board constituted under the Electricity (Supply)Act, 1948;
(c) one 4[Director] nominated by the Gujarat Housing Board constituted under the Gujarat Housing Board Act, 1961;
(d) 5[six] 2[Directors] nominated by the State Government, from amongst persons appearing to it either to be qualified by reason of experience of, and capability in, industry or trade or finance or to be suitable to represent the interest of persons engaged or employed therein; and
(e) the 6[Managing Director] of the Corporation, ex-officio, who shall also be the Secretary of the Corporation.
(2) The State Government shall appoint one of the 2[Directors] of the Corporation to be Chairman of the Corporation and may appoint one of the other 2[Directors] as Vice-Chairman.
Footnotes:
-
This word was substituted for the word "ten" by Guj. 14 of 1968, s. 2 (i).
-
This word was substituted for the word "members" by Guj. 11 of 1986, s. 5(1)
-
This word was substituted for the word "two" by Guj. 14 of 1964,s 2, (ii).
-
This word was substituted for the word "member" by Guj. 11 of 1986, s. 5(2).
-
This word was substituted for the word "four" by Guj. 14 of 1968, s. 2 (ii).
-
These words were substituted for the words "Chief" Executive Officer" by Guj. 11.of 1986, S. 5(3).
Section 5 - Disqualification for directorship
5. Disqualification for 1[directorship]
A person shall be disqualified for being nominated as a 2[Director] of the Corporation, if he--
(a) is an employee of the Corp oration, not being the 3[Managing Director] thereof, or
(b) is of unsound mind and stands so declared, by a competent court, or
(c) is an un discharged insolvent.
Footnotes:
-
This word was substituted for the word "member ship", Guj. 11. o f 1986, 5 (6 (3).
-
This word was substituted for the word "members" Guj. 11. o f 1986, s. 6 (1).
-
These words were substituted for the words "Chief Executive Officer", Guj. 11. of 1986, s. 6 (2).
Section 6 - Term of office and conditions of service of directors
6 . Term of office and conditions of service of 1[directors]
(1) The Chairman, Vice-Chairman (if any) and 2[Directors] of the Corp oration nominated under clauses (a) to (d) of sub -section (1) of section 4, shall hold office for a period upto the end of two years from the date of their nomination as 2[Directors].
(2) The 1[Directors] of the Corporation nominated under clause (a) or (e) of sub -section (1) of section 4 shall be entitled to draw such salary and allowances as may be prescribed. Such reasonable additional remuneration, as may be fixed by the State. Government, may be paid to any 3[Director] for extra or special services required to be rendered by hi m.
(3) The 2[Directors] of the Corp oration nominated under clause (b), (c) or (d) of sub -section (1) of section 4 shall be entitled to draw such honorarium of compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corp oration or4[of any Committee thereof or in doing or for performing any work connected with the functions of the Corp oration which may be specially entrusted to them by the Corp oration or by any Committee thereof] as may be prescribed.
(4) Any person nominated as a 3[Director] shall, unless disqualified, be eligible for renomination.
Footnotes:
-
This word was substituted for the word "members", Guj. 11. o f 1986, s. 7.(4).
-
This word was substituted for the word "members", Guj. 11. o f 1986, s. 7 (1).
-
This word was substituted for the word "members"., Guj. 11. o f 1986, s. 7. (2).
-
These words were substituted for the words "of any Committee thereunder or appointed in connection with the work undertaken by or for the Corp oration"., Guj. 11. o f 1986, s. 7 (3).
Section 7 - Meetings of Corporation
(1) The Corporation shall me et at such times and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transactions of its business as may be provided by regulations.
(2) A 1[Director], who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Corporation, shall at the earliest possible opportunity disclose the nature of hi s interest to the Corporation, and shall not be present...
To continue reading
Request your trial