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FARIDABAD DEVELOPMENT CORPORATION ACT

Ministry of Law and Justice

Act nº 90 of 1956


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Schedules
  • Act nº 90 of 1956

Preamble

THE FARIDABAD DEVELOPMENT CORPORATION ACT, 1956

[Act, No. 90 of 1956]

[28th December, 1956]

PREAMBLE

An Act to provide for the establishment and regulation of a trading Corporation for the purpose of carrying on and promoting trade and industry in the town of Faridabad, assisting in the rehabilitation of displaced persons settled therein and for matters connected therewith.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:

Chapter I

Section 1. Short title

This Act may be called the Faridabad Development Corporation Act, 1956.

Section 2. Definitions

In this Act, unless the context otherwise requires, -

(a) "Corporation" means the Faridabad Development Corporation established under section 3;

(b) "displaced person" means any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has, after the 1st day of March, 1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India;

(c) "Faridabad" means the new township at Faridabad in the district of Gurgaon in the1[State of Haryana] the area of which is described in the Schedule;

(d) "member" means a member of the Faridabad Development Corporation and includes its Chairman;

(e) "prescribed" means prescribed by rules made under this Act.

1. Substituted for "Punjab" by the Punjab Re-Organisation and Delhi High Court (Adaption of Laws on Union Subjects) Order, 1968 w.e.f. 01-11-1966.


Chapter II

Section 3. Incorporation

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Corporation by the name of the Faridabad Development Corporation.

(2) The said Corporation shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.

Section 4. Constitution of the Corporation

The Corporation shall consist of a Chairman and such other members, being not less than four and not more than eight, as the Central Government may, by notification in the Official Gazette, appoint.

Section 5. Term and conditions of service of member

(1) The term of office and conditions of service of the Chairman and other members shall be such as may be prescribed.

(2) The chairman or any other member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until the appointment of his successor is notified in the Official Gazette.

(3) A casual vacancy created by the resignation of the Chairman or any other member under sub-section (2) or for any other reason shall be filled by fresh appointment.

Section 6. Disqualification for being appointed, or for continuing as, member of the Corporation

A person shall be disqualified for being appointed, or for continuing as a member of the Corporation if he has, directly or indirectly, any interest in a subsisting contract mad with, or in any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company;

Provided that where he is a shareholder, he shall disclose to the Central Government the nature and extent of shares held by him in such company.

Section 7. Temporary absence of any member

If any member of the Corporation is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the Central Government may appoint another person to act in his place during his absence.

Section 8. Vacancies amongst members or defect in the constitution not to invalidate acts or proceedings of the Corporation

No act or proceeding of the Corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

Section 9. Committees of the Corporation

The Corporation may constitute such committees for general or special purposes as the Corporation deems necessary to carry out the purposes of this Act.

Section 10. Meetings of the Corporation

(1) The Corporation shall meet for the transaction of business at such times and places as may be prescribed:

Provided that the Chairman may, whenever he thinks fit, and shall, upon the written requisition of not less than two members, call a special meeting.

(2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Corporation.

(3) All questions which come before any meeting of the Corporation shall be decided by majority of votes of the members present, and in the case of an equality of votes, the Chairman, or in his absence, any other person presiding, shall have a second or casting vote.

Section 11. Authentication of orders and other instruments of the Corporation

All orders and decisions of the Corporation shall be authenticated by the signature of the Chairman or any other member authorised by the Corporation in this behalf, and all other instruments issued by the Corporation shall be authenticated by the signature of the Administrator or any other officer of the Corporation authorised in like manner in this behalf.

Section 12. Appointment of Administrator and other officer of the Corporation

(1) There shall be an Administrator of the Corporation who shall be appointed by the Central Government.

(2) The Administrator shall be the chief executive officer of the Corporation and all other officers of the Corporation shall be subordinate to him.

(3) The Administrator shall have the right to take part in the discussions of the Corporation or of any of its committees but shall not have the right to vote at the meetings of the Corporation or of any of its committees:

Provided that when one of the members of the Corporation is appointed under sub-section (1) as the Administrator, such Administrator shall have the rights and privileges of a member.

(4) The Corporation may appoint such other officers as it may consider necessary for the efficient performance of its functions under this Act.