The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014

THE ARUNACHAL PRADESH HOUSING BOARD ACT, 2014
(ACT NO. 14 OF 2014)
(Received the assent ol the Governor on 10th October, 2014 and
published in the Arunacal Pradesh E.O. Gazetle No 196, Vol. XXI
dated 29th october, 2014)
An
Act
to provide for the Constttution and Regulation of Housing Board for
Arunachal Prudesh; tor the puryose of hking measures to deal with the need
lor housing a@ommodation and tor futher amendment ol law rclating to
eviction of persons in unauthoised o@uption and tor the ludher amendment
of law relating to aquisi on of land aN for matters connected therewith.
BE it enacted by the Legislature ol Arunachal Pradesh in the
Sixty{ifth Year of the Republic of lndia as lollows :-
Short title,
Extent and
c0mmence-
ment.
Definition.
CHAPTER . I
PHELIMINARY
1 . (1) This Act may be called the Arunachal Pradesh
State Housing Board Acl,2014.
(2) lt extends to the whole of the State of Arunachal
Pradesh.
(3) lt shall come into force on such date or dates as
may be notified by the State Government.
2. ln this Act, unless the context otherwise requires, -
(a) "adjoining area' means such area as may be
specified to be an adloining area under
section 17 :
(b) 'Board" means the Arunachal Pradesh, State
Housing Board established and constituted under
section 3 ;
(c) "Board premises" means any premises belonging
to or vesting in the Board or taken on lease by
the Board orentrusted to or in possession orunder
the control of the Board under this Act ;
(d) "Building materials" means such commodities or
articles as are specified by the State Government
by notification to be building materials for the
purposes of this Act ;
(e)
(f)
(s)
(h)
"by+laws" means by*laws made under section Z ;
"Chairman" means the Chairman of the Board ;
"Competent authority" means any person
authorised by the State Government, by
notification, to perform the functions of the
competent authority under Chapter Vl for such
area as may be specilied in the notification;
"Housing scheme" means a housing scheme
made under this Act, the rules and regulations
made thereunder:
"Land" includes benerits to arise out of land and
things attached to the earth or permanently
fastened to anything attached to the earth;
(i)
196
197
(]) "local authority" means a i/unicipality constituted
undertheArunachal Pradesh [/unicipalAct, 2007
or Gram Panchayat constituted under the
Arunachal Pradesh Gram Panchayat Act, 2000;
(k) "lvlember" means a member of the Board including
the Chairman;
(l) "Premises" means any land or building or part of a
building and includes:-
(i) Gardens, grounds and outhouses, if any,
appurtenant to such building, any litting
affixed to such building or part of a building
for the more beneficial enjoyment thereof;
(ii) any fitting affixed to such building or part of
a building for the more beneficial enjoyment
thereof ;
(m) "prescribed" means prescribed by rules under this
Acti
(n)
(o)
(p)
(q)
(r)
3.(1)
(2\
"regulations" means regulations made under
section 76;
"rent" means the amount payable to the Board in
respect of the occupation of the Board's premises
and includes the charges for water and electricity
payable in respect of water and electricity used or
consumed in the premises;
''Secretary" means the Secretary of the Board;
"Tribunal" means the Tribunal specified under
section 44; and
"year" means the year commencing on the 1st
day of April and ending on the 31st day of l\,4arch.
CHAPTER - II
ESTABLISHMENT OF THE BOARD
The State Government may, by notification
establish a Board to be known as "the Arunachal
Pradesh State Housing Board".
The Board shall, by the name aforesaid, be a body
corporate having perpetual succession and a
common sealwith power subject to the provisions
Establish-
ment ol the
Board.
Constitution
of the Board.
198
of this Act, or the rules made, thereunder, shall
have the power to acquire, hold and dispose of
property, both movable and immovable, and to
enter into contract and may by the said name sue
orbe sued and do allsuch things as are necessary
for which it is constituted.
(3) For the purposes of this Act and the Land
Acquisition Act, 1894, the Board shall be deemed
to be a local authority.
Explanation: The purposes of this Bill
referred to in sub-section (3) include the
management and use of lands and buildings
belonging to or vesting in the Board under or ,or
lhe purposes ol this Acl and the exercise ol its
rights over and with respect to such lands and
buildings for the purposes of this Acl.
4. (1) The Boad shallonsislof a Chajrman, avrcechairman
and such other members not more than twelve
and not less than six as the State Government
may, from time to time, by notification, appoint:
Provided that the Chairman and the
Vice-Chairman shall be appointed lrom amongst
the officers ollhe rank ol Head of the Department
or Chief Secretary and Development
Commissioner of the State Government
respectively. The Chairman, Vice-Chairman and
all other official Members shall be Ex-officio.
(2) The Government may, by notification, remove
from otfice, the Chairman, Vice-Chauman and
non-otficial members.
(i) Otlicial llemberc
The following will be lhe members, namely;
(a) Secretary Housing - Member
Secretary
(b) Secretary Finance - Member
(c) Secretary Rural Development - Member
199
(d) Secretary Land Management - Member
(e) Director, Town Planning - Member
(f) Director, Housing - Member
(g) Director, UD - Member
(ii) l,l,on-Otficial llembers
(a) Three Non-Otticial Members to be appointed by
the State Government where one of the members
to be from Housing and Urban Development
Corporation (HUDCO) or a representative from the
ministry of Housing and Urban Poverty Alleviation,
Governmenl ol lndia, New Delhi.
(b) Until the Board is established and constituted in
accordance with the provisions of the preceding sub-
sections, the State Government may constitute a
Board consisling ol one person, who shall be an
officer of the $ate Government, to be appointed
, by the State Government, and a Board so
constituted shall, as from the commencement ol
this Bill and lor a period not exceeding one year
from such commencement, be deemed to be the
Board established and conslituted for the purpose
of carrying out all the provisions of this Act.
5. (1) The Chairman, Vice-Chairman and every non-
olficial member shall hold office for a period of
lhree years from the date ol his/her appointment
but shall be eligible for re-appointment as such
Chairman, Vice-Chairman or member.
(2) The Chairman, Vice-Chairman and the non-official
members will receive travelling allowances and
daily allowances and each member will receive a
sitting fee @ Rs.500 per sitting tor attending
meetings.
(3) The honorarium to the members shall be paid trom
the fund of lhe Board and such honorarium and
olher conditions of service shall be such as may
be prescribed.
Terms ol
ollice and
conditions of
service.
Resignation
of Chairman
and Mem-
bers.
200
6. (1) The Chairman, Vice-chairman or any other
member/non-official member may at any time
resign his/her office by tendering his/her
resignation to the State Government but shall
continue to remain in office until his/her resignation
is accepted.
(2) A person shall be disqualified lor being appointed
or for continuing as the Chairman, Vice-Chairman
or member of the Board, il he/she, -
(a) holds any olfice or place of prolit urder the
Board ;
is of unsound mind ;
is an undischarged insolvent ;
has, directly or indirectly by himselt/herself
or by any partner, any share or inlerest in
any contract or employment with by or on
behalf of, the Board ;
(e) isa Director or a Secretary, Managerorother
salaried officer o, any incorporated company
which has anyshareor interesl in any contract
or employment with, by or on behall of, the
Board : or
(f) has been convicted of any otlence involving
moral turpitude.
(g) in the opinion of the S1ate Government-
(i) has become incapable of acting;or
(ii) is otherwise unlil to continue as a
member.
(3) A person shall not be disqualified under clause
(d) or clause (e,) of sub-section (2) or be deemed
to have any share or interest in any conlract or
employment within the meaning of the said clause,
by reason only of his or the incorporated company
of which he is a Director, Secretary, Manager or
other salaried officer, having a share or interest in
any newspaper in which any advertisemenl relating
to the aflairs ol the Board is inserted.
(b)
(c)
(d)
201
(4) A person shall not also be disqualilied under clause
(d, or clause (e) ol sub-section (2) or be deemed
to have any share or interest in any incorporated
company which has any share or interest in any
contract or employment with, by or on behalf of,
the Board, by reason only of his being a
shareholder of such company:
Provided that such person discloses to the
State Government the nature and extent of the
shares held by him.
7. ln the event of any vacancy occurring in the
membership ol the Board, the vacancy shall be filled
up, as soon as may be by appointment of a new
memberwho shall hold oflice forthe unexpked portion
of the term ol hiYher predecessor.
8. The State Government may, lrom time to time, grant
to the Chairman such leave as may be admissible
undertr rules made urderffi Ad andttle VrcsChairman
to act lor the Chairman during such absence on leave,
while so acting, be deemed, for all purposes ol this
Act, to be the Chairman as the case may be.
9. No disqualification ol, or defecl in the appointment of,
any person acting as a Chairman, a Vice-Chairman or
a member shall be deemed to vitiate any act or
proceedings ol the Board il such act or proceeding is
otheMise in accordance with lhe provisions of this Act.
10. ll any member of the Board other than the Chairman
is by inlirmity or otherwise rendered temporarily
incapable of performing hiyher duties or is absent on
leave or on any other ground not resulting in the
cessation of his/her membership, the State
Government may appoint anolher person to olficiate
for him/her and perform his/her duties under lhis Act,
or any rule or regulation made thereunder.
11. (1) The Slate Government shall appoint a Housing
Secretary olthe Board and other otricers and shlf
of lhe Board on such terms and conditions of
service as it may deem fit.
(2) The Board may create such other posts and
appoint such other officers and stalf thereto as it
may consider necessary for the efficient discharge
of its duties:
Filling up of
Vacancies.
Leave of
absence of
Chairman.
Proceedings
presumed to
be good and
valid.
Temporary
absence of
members.
Appointment
ol Ofiicers
and staff ol
the Board.
Appointment
of Commi-
ttees.
Meetings of
the Board.
202
Provided that the previous sanction ol the
State Government shall be obtained lor this
purpose in respect ol such categories of posts as
may be specified by it from time to time, by
nolification.
(3) The Board shall prescribe the qualifications, satary
and condition of service of its employees.
12. Subject to any rules made under this Act, the Board
may, from time to time, and for any particular local
area, districl or sub-division, appoint one or more
committees forthe purpose ol discharging such duties
and lunctions as may be entrusted by the Board.
13. (1) The Board shall meet at least once in three months
to transact the business and a period of more than
three months shall not lapse between two con-
secutive ordinary meetings of the Board.
(2) For transacting urgent business, the Chairman
may, whenever he thinks fit, callspecial meetings
of the Board:
(3) Business at the meeting of the Board shall be
transacted in accordance with such regulations
as the Board may make in that behalf subject to
the lollowing conditions namelyt
(a) the quorum for every meeting shall be five
of the number of members actually serving
for the time being including the Chairman;
(b) every meeting shall be presided over by the
Chairman and in his absence, bY any
member selecled by the members present
at the meeting.
(c) if any ordinary or special meeting of the
Board there is no quorum, the Person
presiding over the meeling shall adjourn the
meeting to any oths day, not being laterthan
seven dayslrom the date ol adiournment and
no quorum shall be necessary for such
adjourned meeting.
(d) all questions at any meeting shall be decided
by a majority ol the members plesent and
voting other than the person plesiding who
shall have and exercise a casting vote only
in case ol a tie ; and
203
(e) the minutes of the proceedings of each
meeting shall be recorded in a book to be
provided lor the purpose and a copy of such
minules shall be lorwarded to the State
Government in the departmenl concerned.
(l) all such ordinary or special meetings shall
be attended by the members themselves
personally and not be represented by thek
subordinate officers.
14. (1) The Board may associate with itself, any person
whose assistance or advice it may deem fit for
carrying into effect any of the provisions of this
Act provided thatthe number olsuch persons shall
not, at any time be more than three.
(2) A person so associated with the Board under sub-
section (1) lor any purpose shall have the right to
take part in the meetings of the Board relevant to
that purpose, but shall not have the right to vote.
(3) The Slate Governmenl may, by order, depute its
represenlatives in addition to those who are
members of the Board to attend any meeting ot
the Board, on such items or subjects as the State
Government may specify, but such
representatives shall not have the right to vote.
15. Subject to the previous approval of the Board in each
case, all contracts and agreements for and on behalf
ol the Board shall be executed by the Housing
Secretary.
CHAPTER.III
HOUSING SCHEI'E
The Board may frame Housing Schemes and
execute works and incur expenditure in connection
therewith on such terms and conditions as the
State Government may direct.
The Board may, Subject to the approval ol the
State Government, underlake and execute any
housing scheme on behalt ol local Authority, Co-
operative Society or any Organisation or
Association for providing residences to their
employees.
16. (1)
\2)
Association of
persons wilh
the Board.
Execution ol
contracts.
Powers and
duties of the
Board to
undertake
housing
schemes.
Matters to be
provided tor
by housing
schemes.
204
17. A housing scheme may provide for all or any of the
lollowing matters, namely: -
(a) acquisition by purchase, exchange or otheMise
of land or any property necessary forthe execution
of lhe scheme ;
(b) division of the same into plots and the sale thereof
atter developing it or othen ise to co-operative
societies or other persons, in accordance with the
scheme ;
(c) laying or reJaying out of any land comprised in
the scheme :
(d) closure or demolition ol dwellings or portions of
dwellings unfit for human habitation within the land
owned by the Board;
(e) demolition of obstructive buildings or portions
thereof within the land owned or controlled by the
Board.
(l) construction and re-construction of buildings, their
maintenance and preservation within the land
owned or controlled by the Board.
(g) sell, letting out or exchange of any property
mmprised in the scheme ;
(h) construction and alleration ol streets and back
lanes within the land owned or controlled by the
Board;
(i) letting out management and use of the Board
premises or property owned or controlled by the
Board.
(j) drainage, water-supply and lighting of the area
included in the scheme ;
(k) parks, playing fields and open spaces for the
benefit of any area comprised in lhe scheme and
the enlargement of existing parks, playing-fields,
open spaces and approaches ;
(l) sanitary arrangemenl required for the area
comprised in the scheme, including the
conservation and prevention of any injury or
contaminalion lo rivers or other sources and
means of water-supply ;
205
(m) accommodation for any class of inhabitanls,
industries, institutions, oflices, local authorities,
Co-operatives or Corporate bodies ;
(n) advance ol money for the purpose of the scheme ;
(o) lacilities for communication and transport ;
(p) colleclion of such inlormation and statistics as may
be necessary lor the purpose of this Act ;
(q) necessary amenities and service to housing
colonies owned by the Board and
(0 any other matter for which, in the opinion ot the
State Government, it is expedient to make
provision with a view to provide housing
accommodation and, or, to the improvement or
development of any areacomprised in the scheme
or any adjoining area or the general elficiency ol
the scheme.
Explanation. --+o( lhe purposes olthis section the
$ate Government may, on the recommendation
of the Board, by notification, specify area
surrounding or adjoining the area included in a
housing scheme to be the adjoining area.
18. No housing scheme shall be made under this Act for
any area lor which an improvement scheme has
akeady been sanctioned by the State Government, or
any other enactment lor the time being in force, nor
any housing scheme made under this Act shallcontain
anything which is inconsistent with any ol the matter
included in a town planning scheme ol the State
Government under any law for the time being in lorce.
19. A Housing or lmprovement scheme shall be one or
combination of any two or more ol the following types
or adaptation of any features thereof, namely:-
(a) supply of rooling materials to the villagers.
(b) a building scheme including colonisation scheme.
Types ol
Housing or
improvemenl
Scheme.
No housing
scheme to be
made for
area included
in the
lmprovement
Scheme or
be inconsis-
tent with
town plan-
ning scheme.
Preparation
and Submis-
sion of
annual
Housing
Scheme.
Budget and
establishment
schedule to
Government.
Sanction to
Scheme,
Budget and
establishment
schedule.
(c)
(d)
(e)
(f)
(s)
20. (1)
206
a rehabilitation housing scheme.
a city or town or village expansion scheme.
a road construction or development scheme
a land developmenl scheme.
a site development and service scheme.
(2)
The Chairman shall, at a special meeting to be
held in the month otJanuary each year, lay before
the Board the Budget ol the Board for the next
financial year.
The Budget shall be prepared in such form as
may be prescribed and shall:-
(a) include the housing scheme which the Board
proposes to execute in whole or in part.
(b) indicate full details of all the liabilities of the
Board: and
(c) contain a statement showing the estimated
receipts and expenditure on capital and
revenue accounts and such other particulars
as may be prescribed.
The Board shall consider the Budget laid before
it with or without modification.
(3)
21. (1) The Budget prepared by the Board under section
20 shall be submitted to the Government for
approval and the Government may approve it or
return it back to the Board for making moditication
as the Government may direct.
(2) When the Budget is returned to the Board by
Government Ior making any modification, the
Board shall make the modification and re-submit
the Budget so modilied to the Government for
approval.
22. The Slate Government may sanction the Budget and
the schedule of officers and staff orservants fonvarded
to it with such modilication as it deems fit.
Placing of
Budget
before the
Board.
207
23. The $ate Government shall publish the programme
sanctioned by it under section 22 in the OlficialGazette.
24. The Chairman may at any time during the year for
which the Budget has been approved by the
Government, lay before the Board a supplementary
Eudget and the provisions ol section 22 and 23 shall
apply to such Budget.
25. The Board may, atany time, vary any Housing Scheme
or any part thereof included in the Budget as sanctioned
by the State Government:
Provided thal no such variation shall be made
if it involves expenditure in excess of 10 per cent ol
the amount as originally sanctioned for lhe execution
o, that particular housing scheme included in the
Budget or if it affects the scope or purpose of such
scheme.
26. Alter the scheme has been sanctioned and published Sanctioned
by the State Government under sections 22 and 23, housing
the Board shall proceed to execute the housing scheme scheme to
included in the scheme. be executed.
Belore proceeding to execute any housing scheme
under section 26, the Board shall by notification
publish the scheme. The notilication shall specify
that the plan showing the area which is proposed
to be included in the housing scheme and the
surrounding lands shall be open to inspection of
the public at all reasonable hours at the office of
the Board.
lf within two weeks from the date ofthe publication
of the housing scheme any person communicates
in writing to the Board any suggestion or objection
relating to the scheme, the Board shall consider
such suggestion or objection and may modily the
scheme as it thinks fit.
Whenever any street, square or other land, or any
partthereol, situated in any area ol a localauthorily
and vested in the local authority, is required for
the purpose of any housing scheme sanctioned
by the Slate Government, the Board shall give
notice accordingly to the local authority.
Where the local authority concurs, such street,
square or other land, or part thereof, shall vest ln
the Board.
n.()
(2\
28. (1)
(2)
Publication
of sanclioned
scheme.
Supplemen-
tary Budget.
Variation of
Housing
Scheme by
the Board
afler it has
been sanc-
tioned.
Publication of
housing
scheme in
the ofiicial
Gazette.
Transfer to
the Board for
Purposes of
housing
scheme of
land vested
in a local
authority.
Compensa-
tion in
respect ol
land vested
in the Board.
Power of the
Board to turn
or close
Public Street
vested in it.
(3)
(4)
a.(1)
(2')
(3)
30.(1)
(2)
208
Where there is any dispute the matter shall be
referred to the State Government. The State
Governmenl shall, after hearing the parties,
decide the matter. The decision of the State
Government shall be linal. lf the State
Government decides that such street, square or
land shall vest in the Board, it shall vest
accordingly.
Nothing in this section shall affect the righb or powers
of the local authority in or over any drain or waler
works in such street, square or land.
Where any land vests in the Board under the
provisions ot section 28 and the Board makes a
declaration that such land shall be retained by
the Board only until it revesls in the localauthority
as part of a streel or an open space undersection
32, no compensation shall be payable by the
Board to the localauthority in respect of that land.
Where any land vests in the Board under section
28 and no declaration is made under sub-section
(r) in respect of the land, the Board shall pay to
the local authority as compensation a sum equal
to the value of such land.
lf, in any case where the Board has made a
declaration in respect of any land under sub-
section frl, the Board retains or disposes of the
land contrary to the terms of the declaration so
that the land does not revest in the localauthority,
the Board shall pay to the local authority
compensation in respect of such land in
accordance wilh the provisions of sub-section (2).
The Board may turn, divert, discontinue the public
use of, or permanently close, any public street
vested in rt or any part thereof.
Whenever the Board discontinues the public use
of, orpermanently closes, any public street vested
in it or any part lhereot, it shall, as far as
practicable, provide some other reasonable
means of access to be substituted in lieu of the
use, by those entitled, ol the street or part thereol
and pay reasonable compensation to every person
209
who is entitled, otherwise than as a mere member
of the public, to use such street or part as a means
of access and has suffered damage from such
discontinuance or closing.
(3) ln determining the compensation payable to any
person under sub-section (2.), the Board shall
make allowance for any benefit accruing to him/
her from the construction, provision or
improvement of any other public street at or about
the same time thatthe public street or partthereof,
on account of which the compensation is paid, is
discontinued or closed.
(4) When any public street vested in the Board is
permanently closed under sub-section (1), the
Board may sell or lease so much of the same as
is no longer required.
31. ll there is any dispute as to whether any compensation
is payable under section 29 or section 30 or as to the
amount of compensation payable under section 29 or
section 30, as the case may be, the matter shall be
relerred to the Tribunal.
Flelerence to
Governmenl
in case of
dispute under
sections 29
and 30.
Vesting in the
local
authority ol
streets laid
out or altered
and open
spaces
provided by
the Board
under
housing
scheme.
32. f7) Whenever the State Government is satisfied, -(a) that any street laid out or altered by the Board
has been duly levelled, paved, metalled,
flagged, channelled, sewered and drained in
the manner provided in the scheme
sanctioned by the $ate Government under
section 22 or varied undel section 25 or
modified under section 27;
(b) that such lamps, lamp-posts and other
apparatus as the local authority considers
necessary for the lighting of such street and
as ought to be provided by the Board have
been so provided ; and
(c) that water and other sanitary conveniences
have been duly provided in such street ; the
Sate Government may declare the street to
be a public street, and the street shall
thereupon vest in the localauthority and shall
thencelorth be maintained, kept in repair,
lighted and cleaned by the local authority.
Other Duties
of the Board.
210
(2) When any open space for the purposes of
ventilalion or recreation has been provided by the
Board in executing any housing scheme, it shall
on completion be transferred to the local authority
concerned, by resolution of the Board, and shall
thereupon vest in, and be maintained at the
expense ol the local authority.
(3) lt any ditlerence ol opinion arises between the
Board and the local authority in respect ol any
matter relerred to in the toregoing provisions of
this section the matter shall be referred to the State
Government whose decision shall be final.
33. (1) lt shall be the duty of the Board to take measures
with a view to expedite matters and to reduce the
cost olconstruction of building and the Board shall,
for the purpose do all things such as :-
(a) unification, simplificalion and standardisation
of building materials ;
(b) encouraging pre-fabrication and mass
production of building components ;
(c) organising or undertaking the production ol
building materials required for housing
scheme ;
(d) encouraging research lor discovering cheap
building materials and evolving new methods
of economic construction ; and
(e) securing a steady and sutficient supply of
workmen trained in the work of construction
of buildings.
(2) The Board may provide lechnical advice to the
Government and scrutinise prolects under Housing
Scheme as and when required bythe Government
to do so.
(3) The Board may undertake research on various
problems connected with housing in general and
in particular to find out the economical method ot
construcling houses suited to local condition and
to undertake comprehensive surveys of problems
of housing.
211
34. The Board shall, il the State Government so directs,
and subject to the general control of the State
Government, assume management of all or any of
the lands requisitioned by or under authority of the
State Government.
35. A housing scheme may provide, -(a) for the formalion ot a reconstituted plot by the
alteration of the boundaries ol an original plol ;
(b) with the consent of the owners that two or more
original plots each ol which is held in ownership
in severalty or in joint ownership shall, with or
without alteration of boundaries, be held in
ownership in common as a reconstituted plot ;
(c) for the allotrnent of a plol of any owner
dispossessed ol land in furtherance of lhe
housing scheme ; and
(d) lor the transfer of ownership of plot from one
person to another.
36. The Fovisions of section l7andseclions21 to 27 (both
inclusive) shall not be applicable to any housing scheme
entrusted to the Board by the Sale Govemment except
to such extent and subject to such modifications as may
be specilied in any general or special order made by
the Sate Government and every such order shall be
published in the Official Gazetle.
CHAPTER. IV
ACQUISITION AND DISPOSAL OF LAND
37. (1) Board may enter into an agreement with any
person orthe State Government forthe acquisition
Irom him by purchase, lease or exchange, o, any
land which is needed lorthe purposes of a housing
scheme or any inlerest in such land or for
compensating the owners of any such right in
respect of any deprivation thereof or interference
therewith :
Provided that the previous approval of the
State Government shall be obtained in case ol
purchase or exchange involving land worth more
than rupees one hundred lakhs or lease lor more
lhan five years:
Board to
assume
management
of requisi-
tioned lands.
Reconstitution
ol plots.
Schemes
entrusted to
the Board by
Sate Gov-
ernment.
Power to
purchase,
lease or
acquire land
12\
38. (1)
212
Board may, lrom such date as the State
Government may appoint by notificalion in this
behalf, also take steps for the compulsory
acquisition ol any land or any interest therein
required forthe execution of a housing scheme in
the manner provided in the Land Acquisilion Act,
1894, as modilied by this Act, and the acquisition
of any land or any interest lherein lor lhe purpose
of this Act shall be deemed to be acquisition for a
public purpose within the meaning of the Land
Acquisition Act, 1894.
When by the making of a housing scheme the
value ol any land in the area comprised in the
scheme will, in the opinion of the Board, be in-
creased, the Board in framing the scheme may
declare that betterment charges shall be payable
by the owner of the land or any person having an
interest lherein in respecl of the increase in value
of the land from the execution ol the scheme.
(2) Such increase in value shall be lhe amount by
which the value ol the land on the completion ol
the execution of the scheme estimated as if the
land were clearolthe buildings exceeds the value
of the land prior to the execution ol lhe scheme
estimated in like manner and the betterment
charges shall be one-half ol such increase in
value.
(3) Such betterment charges shall also be levi-
able in respect of any land not comprised in
the scheme but adjacent to the area com-
prised in the scheme.
(4) Notwithstanding anything contained in sub-
sections (1) and (3), in respect of any land used
Ior agricultural purposes at the time of the
execution of the schemes the betterment charges
shall be leviable by the Board in accordance with
such procedure as may be prescribed, only alter
such land is used, or converted for use ,or non-
agricullural purposes.
Betterment
charges.
213
39. Subject to any rules made by the State Government
under this Act, the Board may retain, lease, sell, ex-
change or otherwise dispose of any land, building or
other property vested in it and situate in the area com-
prised in any housing scheme sanctioned under this
Act, provided that the land, building or other property
are not transferrable to the persons other lhan the
domiciles of Arunachal Pradesh.
40. (1) The Board shall give notice in the prescribed form
to any person, who is the owner of or has interest
in the land in respect of which the betterment
charges are to be levied and shall give such per-
son an opportunity to be heard.
(2) After hearing such person or if such person fails
to appear after the expiry of the period within which
such person is required to appear before the
Board, the Board shall proceed to assess lhe
amount of betterment charges.
(3) Where the assessmenl o, bettermenl charges
proposed by the Board is accepted by the person
concerned within the period prescribed, the
assessment shall be final.
(4) ll the person concerned does not accept the
assessment proposed by the Board, the matter
shall be referred to the Tribunal.
(5) The Tribunal shall, atter holding an enquiry and
alter hearing the person concerned, assess the
amount of the betterment charges payable by the
person.
41. (1) Any person liable to pay betterment charges in
respecl of any land may at his option, instead of
paying the same to the Board, execute an
agreement with the Board to leave the payment
outstanding as acharge on his interest in the land,
subject to the payment in perpetuity ol interest at
such rate as may be prescribed.
(2) Every payment due from any person in respect
of betterment charges and every charge relerred
to in sub-section (1/ shall, notwithstanding
anything contained in any other enactment and
notwithstanding the execution of any mortgage
Power to dis-
pose of land.
Notice to
person Iiable
lor better
ment
charges.
Agreement
for payment
of betterment
charges.
Disputes
regarding
reconstitu-
tion of plots.
Tribunal
Duties of
Tribunal.
or charge, created either before or atter the
commencement of this Act, be the lrrst charge
upon the interest of such person in such land.
42. All sums payable in respect of any land by any person
in respect of betterment charges under section 38 or
by any person under an agreement under section 41
shall be recoverable on behall of the Board as arrears
of land revenue.
43. (1) Where by the making ol a housing scheme, any
plots comprised in the area included in the scheme
are reconstituted or any person is dispossessed,
the Board shall after making such inquiry as it
thinks fit award to the person affected by such re-
constitution or dispossession such compensation
as itdeems reasonable. lfthe person is dissatisfied
with the decision ol the Board in the matter, he
may inlorm the Board accordingly. The Board shall
lhereupon refer the matter to the Tribunal.
(2) The Tribunal shall then, after making an inquiry
determine the amount of compensation and direct
the Board to pay the same to the person
concerned.
CHAPTER - V
TRIBUNAL
44. The Tribunal shall be the District Judge having
jurisdiction in the area concerned.
45. The Tribunal shall-
(a) decide whelher any compensation is payable
under section 29 ;
(b) decide the amount ot compensation in matters
referred lo it under section 31 ;
(c) decide disputes relating to betterment charges
referred to it under section 40 ;
(d) decide disputes and the amount ol compensation
to be awarded under section 43 ; and
(e) decide such other matters as may be prescribed
by the rules made in this behalf.
Recovery of
betterment
charges.
214
215
46. (1) ln making enquiries the Tribunal shall have and Powers and
exercise, as far as may be, the same powers and procedure
follow the same procedure as under the Code of belore
Civil Procedure, 1908. Tribunal.
(2) Every order made by the Tribunal for the payment
of money and lor the delivery of the possession
or removal of any struclure shall be enforced by
the District Court as il it were the decree of the
said Court.
(3) The proceedings belore the Tribunal shall be
deemed to be judicial proceedings within the
meaning of sections 193 and 228 ol the lndian
Penal Code.
47. The decision of the Tribunal on any matter relerred to Decision of
it under this Act shall, subject to the provision of section Tribunal to be
48, be final. final.
48. The Board or any person aggrieved by a decision of Appeal to the
the Tribunal may within three months lrom the date of High Court.
the decision, or such further lime as the High Court
may forsufficient cause allow appealto the High Court
and the High Courtshallpass such orders on the appeal
as it thinks fit.
CHAPTER. VI
POWER TO EVICT PERSONS FROM BOARO PRE.
MISES
49. (1) lf the competent authority is satisfied, -
(a) that the person authorised to occupy any
Board premises has-
(i) not paid rent lawlully due from him in
respect ol such premises for a period of
more than two months ; or
(ii) sublet, without the permission ol the
Board the whole or any part ot such
premises ; or
(iii) otheMise acted in contravention of any
ol the terms, expressed or implied, under
which he is authorised to occupy such
premises ; or
Power to
evict persons
lrom Board
premises.
Power to
recover
rent, loan or
damages as
arrears of
land
revenue.
(b) that any person is in unauthorised occupation
of any Board premises; the competent
aulhority may, notwithstanding anything
contained in any law for the time being in
force, by notice served by post or by affixing
a copy of it on the outer door or some other
conspicuous part of such premises, or in such
other manner as may be prescribed, order
that person as well as any other person who
may be in occupation of the whole or any
part ofthe premises, shallvacate them within
one month from the date of the service of
the notice :
Provided that no such order shallbe passed
unless the person has been afforded an
opportunity to show cause why such order should
not be made.
(2) lf any person refuses or fails to comply with an
order made under sub-section f7J, the competent
authority may evict that person from, and take
possession of the premises and may for that
purpose use such force as may be necessary.
(3) lf a person, who has been ordered to vacale any
premises under sub-clause (, or sub-clause (ir)
of clause (a) of sub-section f7r, within thirty days
of the date of service of the notice or such longer
time as lhe competent authority may allow, pays
to the Board the rent in arrears or carries out or
otheMise complies with the terms contravened
by him to the satislaction of the competent
authority, as the case may be, the competent
authority shall, in lieu of evicting such person
under sub-section (2), cancel its order made
under sub-section (7) and thereupon such person
shall hold the premises on the same terms on
which he held them immediately before such
notice was served on him.
50. (1) Subject to any rules made by lhe State
Government in this behalf and without prejudice
to the provisions of section 48, where any person
is in arrears of rent payable in respectofany Board
premises or arrears ol instalments payable in
respect of any loan advanced by the Board for
construction, reconslruction or repair of a house
216
(21
s1. (1)
(2\
217
the competent authority may, by notice served by
post or by atfixing a copy of it on lhe outer door or
some other conspicuous part of such premises or
in such other manner as may be prescribed, order
that person to pay the same within such time not
being less than thirty days as may be specified in
the notice. lf such person refuses or fails to pay
the arrears of rent or the arrears of instalments of
loan within the time specilied in the notice. such
arrears may be recovered as arrears of land
revenue.
Where any person is in unauthorised occupation
of any Board premises, the competent authority
may, in the prescribed manner, assess such
damages on account of the use and occupation of
the premises as it may deem fit, and may by notice
served by post, or by affixing a copy ol it on the
outerdoor or some other conspicuous part ol such
premises or in such other manner as may be
prescribed, order that person to pay the damage
within such time not being less than thirty days as
may be specified inthe notice.ltany person refuses
orfails to pay the damages wilhin thetime specilied
in the notice, the damages may be recovered from
him as per the provisions of law.
Without prejudice to the provisions of section 49
any person, who is an employee of the State
Governmentor a localauthority and who has been
allotted any Board premises, may execute an
agreement in lavour of the Slate Government
providing that the State Government or the local
authority, as the case may be, under or by whom
he/she is employed, shallbe competent to deduct
trom the salary or wages payable to him/her such
amount as may be specified in the agreement and
to pay the amount so deducted to the Board in
satisfaction cf the rent due from him in respect of
the Board premises allotted to him/her.
On the execulion of such agreement, the State
Government or local authority, as the case may
be, shall, if so required by the Board by requisition
Rent to be
recovered by
deduction
from salary
or wages in
certain
cases.
218
in writing make the deduction of the amount
specified in the requisition from the salary or
wages ofthe employees specified in the requisition
in accordance with the agreement and pay the
amount so deducted to the Board.
Penalty s2. (1)
(2)
s3. (1)
lf any amount due undertheAct or the rules made
thereunder is nol paid by any person in compliance
with the orders of the competent authority, such
authority may, after giving such person an
opportunity of being heard, impose upon him a
penalty not exceeding twenty{ive per cent of the
amount due, if it has reason to believe that the
person liable to pay the amount has wilfully failed
to pay the same.
It the penalty imposed under sub-section (7,) is
not paid within a period ol thirty days the same
shall be recoverable as arrears of land revenue.
Any person aggrieved by an order of the
competent authority may within thirty days from
the date of-
(i) the service of notice under section 49 or
seclion 50 ; or
(ii) the imposition ol penalty under section 52,
preferan appealto the Deputy Commissioner
ol the District in which the premises ol the
Board are situated or lo any other officer, as
the State Government may appoint in this
behalf :
Provided that the appellate officer may
entertain the appeal after the expiry ol the said
period ol thirty days, if he is satisfied that lhe
appellant was prevented by sufficient cause from
filing the appeal in time.
(2) Where an appeal is preferred under sub-section
frl, the appellate officer may stay the enforcement
of the order of the competent authority for such
period and on such conditions as he deems fit.
(3) Every appeal under this section shall be disposed
of by the appellate officer as expeditiously as
possible.
Appeal.
s4.(1)
(2)
219
Save as othen ise expressly provided in thisAct,
every order made by a competent authority or an
appellate officer under this chapter shall be final
and shall nol be called in question in any original
suit, application or execution proceedings.
No Civil Court shall have jurisdiction to entertain
any suit or proceeding in respect of any matter ol
which the cognizance can be taken of and disposed
of by any authority, empowered by this Act or the
rules made thereunder.
Finality of
orders and
bar of
jurisdiction of
Civil Courts.
CHAPTEH. VII
FINANCE, ACCOUNTS AND AUDIT
55. (1) The Board shall have ils own lund called the Board's Fund.
Housing Board Fund into which shall be credlted
all monies received as under:-
(a) by way of grants, donations, subventions and
gilts from the central Government or any Sate
Government, Local Authority or anybody or
individuals for all or any of the purposes ol
this Act; and
(b) by or on behalf of the Board under the
provisions of this Act as all proceeds from
the sale of land or any other kind of property
ol the Board, all rents, interests, profits and
other monies accruing to lhe Board.
(2) Except as otherwise directed by the State
Government, all monies and receipts specilied in
the loregoing provisions and lorming part of the
lund of the Board shall be deposited in the State
Bank of lndia or in any Scheduled Bank or a Co-
operative Bank or invested in such securities as
may be approved by the State Government.
(3) The accounts of the Board shall be operated upon
by such officers as may be authorised by the Board
by a general or special order.
Explanation. -Fot 
the purposes of this section, a
Scheduled Bank shall mean a bank included in
the Second Schedule to the Reserve Bankof lndia
Act, '1934.
Application
of the
Housing
Board Fund
Subventions 57. (1)
and loans to
the Board.
Power of the 58. (1)
Board to
bonow.
220
56. All properties, Funds and all other assets of the Board
shall be held and applied by it, subject to the provisions
and for the purpose of this Act.
The State Government may from time to time
make subventions or advance to the Board for
the purpose of this Act on such terms and
conditions as the State Government may
determine.
\2)
The Board may from time lo time, with the
previous sanction of the Sate Government and
subject to the provisions of this Act and to such
conditions as may be prescribed in this behalf,
borrow any sum required lor the purposes of this
Act from the public or from any corporation owned
or controlled by the central or any Government.
Whenever the borrowing of any sum of money
has been approved by the Government, the Board
may, instead of borrowing such sum from or any
part thereof from the public, take credit from Bank
or financial institution owned or controlled by the
central or any Government on cash-account to
be kept in the name ofthe Board may the previous
sanclion of the Government, mortgage all or any
ol the properties vested in the Board as security
lor

Excerpt shown. Open the full act in Lexace.

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