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State of Assam - Section

Section 43 in Assam Industrial Infrastructure Development Corporation Act, 1990

43. Restriction on lease permission in adjoining area in certain cases.

- If any person or Company applies to the Collector or any other competent authority for lease of Government land or for permission to convert Agricultural land into non-agricultural use for setting up of an industrial undertaking or for locating a brick link 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 center and if such Government land or agricultural land is situated within a radius of five kilometers 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 competent authority overrides the objection of the Corporation 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 of:Provided also that the provision 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.