The Goa Rehabilitation Board Act, 2006

The Goa Rehabilitation Board Act, 2006
(Goa Act 9 of 2006) [19-4-2006]
AN 
ACT
to provide for the establishment of a Rehabilitation Board in the State of Goa and for
matters connected therewith.
BE it enacted by the Legislative Assembly of Goa in the Fifty-seventh Year of the Republic
of India as follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement.—  (1) This Act may be called the Goa
Rehabilitation Board Act, 2006.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “adjoining area” means such area as may be specified to be an adjoining area under
section 30;
(b) “appointed date” means such date as the Government may, by notification in the
Official Gazette, appoint;
(c) “Board” means the Goa Rehabilitation Board established under Section 3 of this
Act;
(d) “Board premises” means any premises belonging to or vesting in the Board, or
taken on lease or otherwise by the Board or entrusted to the Board under this Act for the
purposes of this Act;
(e) “building materials” means such commodities or articles as are specified to be
building materials for the purposes of this Act, by notification by the Government;
(f) “Chairman” means the Chairman of the Board;
(g) “competent  authority”  means  any  person  appointed  by  the  Government  to  as
competent authority to perform the functions of the competent authority under section 49;
(h) “co-operative society” means a society registered or deemed to be registered under
the law relating to co-operative societies for the time being in force in this State;
(i) “rehabilitation scheme” means a rehabilitation scheme framed under this Act and
includes any improvement thereof;
(j) “Government” means the Government of Goa;
(k) “land” includes benefits arising out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(1) “member” means a member of the Board and includes the Chairman thereof;
(m) “local authority” means a municipal council or a municipal corporation or a village
panchayat or a planning and development Authority constituted under any law for the
time being in force in the State of Goa;
(n) “notification” means a notification published in the Official Gazette;
(o) “premises” means any land or building or any part thereof and includes—
(i) garden, ground and out house, if any, appertaining to such building or to any part
thereof and
(ii) any fittings affixed to such building or to any part of a building for more
beneficial enjoyment thereof;
(p) “ prescribed” means prescribed by rules or regulations made under this Act;
(q) “rent” means the amount payable to the Board in respect of the occupation of any
Board premises and includes the charges for water and electricity used or consumed in
the premises;
(r) “Secretary” means the Secretary of the Board;
(s) “State” means the State of Goa;
(t) “Year” means the financial year;
(u) “displaced person” means any person including any member of his family, who on
account of force majeure, or any development scheme framed by the Government or local
authority,  or  eviction  on  the  ground  of  unauthorized  residential  occupation  on
Government lands or for such other cause has been, or may be, rendered shelterless from
his house where such person had a fixed habitation.
CHAPTER II
Establishment of Board
3. Establishment and incorporation of Board.—  (1) There shall be established a
Board to be called the Goa Rehabilitation Board.
(2) The Board shall be a body corporate having perpetual succession and a common
seal and may sue and be sued in it’s corporate name and shall, subject to the provisions of
this  Act,  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.
(3) For the purposes of this Act and the Land Acquisition Act, 1894 (Central Act of
1894), the Board shall be deemed to be a local authority.
Explanation:— The purposes of this Act referred to in sub-section (3) shall include
the management and use of lands and buildings belonging to or vesting in the Board and
the exercise of it’s rights over and with respect to such lands and buildings.
4. Composition  of  Board.—  The  Board  shall  consist  of  a  Chairman  and  other
members nominated by the Government by notification.
5. Term of office of Chairman and other members.— (1) Every member shall hold
office for a period of three years from the date of his nomination and shall be eligible for
re-nomination after the expiry of his term of office.
(2) Any member may, by writing under his hand addressed to the Government, resign
his office but he shall continue to hold office until his resignation is accepted by the
Government.
(3) Every member shall be entitled to receive such remuneration or allowances from
the funds of the Board as may be prescribed:
Provided that in the case of a member of the Legislative Assembly of Goa, he shall not
be entitled to any remuneration other than the travelling allowance and daily allowance at
the rate not exceeding those admissible to him as a member of the Legislative Assembly
under the Goa Salary, Allowances and pension of Members of the Legislative Assembly
Act, 2004 (Goa Act 20 of 2004).
6. Disqualification for appointment.— (1) A person shall be disqualified for being
nominated as, and for being, a member of the Board—
(a) if he holds any office of profit under the Board;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he has, directly or indirectly, by himself or by any partner, any share or interest
in any contract with, by or on behalf of, the Board;
(e) if  he  is  a  Director  or  Secretary,  Manager  or  other  salaried  officer  of  any
incorporated company which has any share or interest in any contract with, by or on
behalf of, the Board;
(f) if he has been convicted by a competent court for an offence involving moral
turpitude.
(2) A person shall not, however, be disqualified under clause (d) or clause (e) of sub-
section (1), or be deemed to have any share or interest in any contract or employment
within the meaning of the said clauses, 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—
(i) any newspaper in which any advertisement relating to the affairs of the Board is
inserted;
(ii) any sale, purchase, lease or exchange of immovable property or any agreement
for the same;
(iii) any agreement for any security for the payment of money only.
(3) A person shall not also be disqualified under clause (d) or clause (e) of sub section
(1), or be deemed to have any share or interest in any incorporated company which has
any share or interest in contract 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 Government the nature and extent of the
shares held by him.
Explanation:— For the purposes of clause (a) of sub-section (1), the Chairman shall
not be deemed to be an officer or employee of the Board.
7. Removal  of  Chairman  and  other  members.—  The  Government  may,  by
notification, remove from office the Chairman or any other member—
(a) who is, or has become, subject to any of the disqualification mentioned in section 6;
(b) who is absent without the permission of the Board from all the meetings of the
Board for three successive ordinary meetings;
(c) who has, in the opinion of the Government, been guilty of any misconduct or
neglect of duty or has so abused his position as to render his continuance as member
detrimental to the interests of the Board or of the general public, or is otherwise unfit to
become a member;
(d) who has refused to act or has become incapable of so acting:
Provided that no member shall be removed by the Government from office unless he has
been given prior opportunity to show cause against his removal.
8. Vacancy to be filled as early as practicable.—  (1) Any vacancy of a member of the
Board shall be filled as early as practicable.
(2) Notwithstanding anything contained in this Act, the continuing members may, during
such vacancy, act as if no vacancy had occurred.
9. Proceedings presumed to be good and valid.— No disqualification of or defect
in the appointment of, any person acting as a Chairman or a member of the Board or any
vacancy therein shall vitiate any act or proceeding of the Board if such act or proceeding is
otherwise in accordance with the provisions of this Act.
10. Temporary absence of members.— If any members of the Board is by infirmity
or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or
otherwise not available, the Government may appoint another person to officiate for him and
to carry out his functions under this Act or any rules or regulations made thereunder.
11. Leave of absence for Chairman.— The Government may grant to the Chairman
such leave as may be prescribed.
12. Officers and other employees of Board.— (1) The Board shall have a secretary, a
Housing Engineer, a Chief Accounts Officer and such other officers and employees as may
be necessary for the efficient performance of it’s functions.
(2) The appointment of the Secretary, Housing Engineer and Chief Accounts Officer shall
be made by the Government, and the appointments and other officers and employees shall be
made by the Board.
13. Conditions  of  services  of  officers  and  other  employees  of  Board.—  The
remuneration and other conditions of service of the Secretary, Housing Engineer, and Chief
Accounts Officer and other officers and employees of the Board shall be such as may be laid
down by regulations.
14. Promotions and punishments of officers and other employees of Board.— (1)
Subject to any regulations made under section 15, the power of making promotions to posts
in the service of the Board, of granting leave to officers and other employees holding such
posts, of censuring, imposing fines, withholding promotions from, reducing, suspending,
removing or dismissing such officers and other employees for any breach of departmental
rules or discipline or for carelessness, unfitness, or misconduct and of discharging such
officers and other employees from the service of the Board for any other sufficient reasons,
shall be exercised by such authority and in such manner as may be laid down by regulations:
Provided that an employee of the Central Government or State Government or of a
local authority, whose services have been lent to the Board shall not be so punished except
by an authority which would have been competent to do so if his services had not been so
lent, but the Board shall be entitled to make an enquiry and to report against such employee
to such authority.
(2) Any officer or employee of the Board who is aggrieved by an order passed under
sub-section (1) other than an order under the proviso thereto may, within two months from
the date of receipt by him of such order, appeal to the Government.
15. Service regulations.— Subject to the provisions of this Act, the Board shall, with
the previous approval of the Government, make regulations,—
(a) fixing  the  salary  and  allowances  and  conditions  of  service  of  the  Secretary,
Housing  Engineer,  Chief  Accounts  Officer  and  other  officers  and  employees  of  the
Board;
(b) fixing the amount and nature of security to be furnished by any officer or other
employee from whom it may be deemed expedient to require security;
(c) for  regulating  the  grant  of  leave  of  absence,  leave  allowances,  and  other
allowances, to the officers and other employees of the Board:
Provided  that  an  employee  of  the  Central  Government  or  a  State  Government
employed by the Board shall not be entitled to leave or leave allowances, otherwise than as
laid  down  in  the  conditions  of  his  service  under  the  Central  Government  or  the  State
Government, as the case may be;
(d) for establishing and maintaining a provident fund, for compelling all or any of the
Officers or employees other than the employees of the Central Government or the State
Government in respect of whom a contribution is paid under section 108, to subscribe to the
fund at such rates and subject to such conditions as may be prescribed, and for paying into
the  said  fund  such  portion  of  the  contribution  of  the  Board  in  such  manner  as  the
Government may determine;
(e) for determining the conditions under which the officers and other employees or any
of them shall on retirement receive pension, gratuities and compassionate allowance and the
amount of such pensions, gratuities and compassionate allowances.
16. Control  and  delegation  by  Chairman.—  (1)  The  Chairman  shall  exercise
supervision and control over the acts and proceedings of all officers and other employees of
the Board, and, subject to the foregoing sections and subject also to such control, appeal and
revision as may be prescribed shall decide all questions relating to conditions of services of
the said officers and employees.
(2) The Chairman may, by general or special order in writing, delegate to any officer
of the Board, any of his powers, duties or functions under this Act or any rules or regulations
made thereunder, except those under sections 17, 62, 95 and 98.
(3) The  exercise  or  discharge  by  any  officer  of  any  powers,  duties  or  functions
delegated to him under sub-section (2) shall be subject to such restrictions and limitations as
may be imposed by the Chairman, and shall also be subject to his control and revision.
(4) Against any order of the nature referred to in sub-section (2) of section 14, passed
by an officer to whom the powers of the Chairman in that behalf have been delegated, an
appeal shall lie to the Chairman and if the Chairman has himself revised the order of such
officer, an appeal shall lie to the Board against the order of the Chairman.
CHAPTER III
Conduct of business of Board and Committees
17. Meetings of Board.— The Board shall make such regulations with respect to the
day, time, place, notice, management and adjournment of it’s meetings as it thinks fit,
subject to the following provisions, namely—
(a) an ordinary meeting shall be held at least once every month;
(b) the Chairman may, whenever he thinks fit, call for special meetings;
(c) every meeting shall be presided over by the Chairman and in his absence by any
member chosen by the members present at the meeting to preside for the said occasion;
(d) all questions at any meeting shall be decided by a majority of the votes of the
members present and voting and in the case of an equality of votes, the Chairman, or in his
absence, the person presiding, shall exercise a casting vote;
(e) the minutes of the meetings shall be recorded in a book to be provided for the
purpose and a copy of the minutes shall be forwarded to the Government within seven days
of approval of the minutes;
(f) the remarks, if any, of the Government on the minutes of the meetings of the Board
so received shall be communicated to the Board within two weeks from the date of receipt of
such minutes, and if no remarks are communicated, it shall be deemed that the Government
have no remarks to offer on the minutes.
18. Temporary association of persons with Board for particular purposes.— (1)
The Board may associate with itself in such manner and for such purpose as may be laid
down by regulations, any person whose assistance or advice it may desire for the purpose of
carrying into effect any of the provisions of this Act:
Provided that the number of persons so associated shall not be more than five.
(2) A person associated with the Board under sub-section (1) for any purpose shall
have the right to take part in the discussions of the Board relevant to that purpose, but shall
not have the right to vote and shall not be deemed to be a member for any other purpose.
(3) The Government may, by order, depute one or more officers of the Government to
attend any meeting of the Board, but such officer or officers shall not have the right to vote.
19. Appointment  and  functions  of  Committees.—  (1)  The  Board  may  appoint
committees consisting of such number of persons as it may think fit for the purpose of
discharging such duties or performing such functions and on such terms and conditions, as
may be laid down by regulations.
(2) The Chairman or such other person as he may nominate in this behalf shall preside
over the meetings of the committees and the committees shall observe such rules of
procedure in regard to transaction of business at these meetings as may be laid down by
regulations.
(3) All proceedings of the committees shall be subject to confirmation by the Board.
20. Members of Board or Committees or persons associated with Board not to
take part in proceedings in which they are personally interested.— (1) A member or  a
person associated with the Board or a member of any committee who—
(a) has, directly or indirectly, by himself or by any partner any such share or interest as
described in sub-section (1) of section 6 in respect of any matter, or
(b) has acted professionally, in relation to any matter on behalf of any person having
therein  any  such  share  or  interest  as  aforesaid,  shall  not  vote  or  take  part  in  any
proceedings of the Board or any committee relating to such matter.
(2) If any member or any person associated with the Board under section 18 or any
member of a committee appointed under section 19 has, directly or indirectly, any beneficial
interest in any land situated in an area comprised in any rehabilitation scheme framed under
this Act, or in an area in which it has proposed to acquire land for any of  the purposes of this
Act,—
(i) he shall at a meeting, relating to such area, of the Board or any committee inform
the person presiding over such meeting, of the nature of such interest; and
(ii) he shall not take part in any proceedings relating to such area at a meeting of the
Board or any committee.
(3) Nothing in sub-section (2) shall prevent any member or any person associated with
the Board under section 18 or any member of a committee appointed under section 19 from
voting on, or taking part in the discussion, of any resolution or question relating to any
subject other than a subject referred to in that sub-section.
CHAPTER IV
Powers of Board and Chairman to incur expenditure on schemes and enter
into contracts
21. Powers of Board and Chairman to incur expenditure.—  Subject to budget
provision and availability of funds, expenditure may be incurred on any single work or
scheme for carrying out any of the purposes of this Act,—
(1) by the Chairman, in case such expenditure does not exceed rupees twenty five
lakhs and
(2) by the Board, in other cases:
Provided that the Board shall not, without the previous approval of the Government,
incur any such expenditure exceeding rupees three crores:
Provided further that the Chairman shall report the expenditure incurred by him under
this section to the Board at it’s next meeting.
22. Powers of Board and Chairman to approve estimates.—  The Board or the
Chairman may accord approval to estimates for incurring expenditure on any work or scheme
for carrying out any of the purposes of this Act subject to the restrictions and conditions
imposed on the Board or the Chairman as the case may be, under section 21.
23. Emergency powers of Chairman.— The Chairman may, in cases of emergency,
direct the execution of any work or the doing of any act which requires the sanction of the
Board and the immediate execution or doing of which is, in his opinion, necessary for the
safety of the public, and may also direct that the expenses of executing the work or of doing
the act shall be paid from the funds of the Board:
Provided that—
(a) he shall not act under this section in contravention of any direction of the Board
or the Government prohibiting the execution of any particular work or the doing of any
particular act; and
(b) he  shall  report  the  action taken by him  under  this  section and the  reasons
therefore to the Board at it’s next meeting and shall also submit a copy of his report to
the Government, and the Board or the Government may issue such directions as it
deems fit on such report.
24. Power to make contracts.— The Board may make and perform all such contracts
as it may consider necessary or expedient for carrying out the purposes of this Act.
25. Agreements and security deposits.— (1) Every contract shall be made on behalf
of the Board by the Chairman, or any other person empowered by it in this behalf.
(2) The Chairman shall take sufficient security deposit for the due performance of the
contract.
(3) Written agreements shall be executed for all contracts, the value of which exceeds
rupees twenty-five lakhs.
26. Further provisions as to execution of contracts and agreements.— (1) Subject
to the  provisions  of  sections  24 and 25,  the  contracts  or  agreements  shall  be  made  or
executed in accordance with such rules as may be made.
(2) The provisions of sub-section (1) shall apply to every variation or abandonment of
a contract or estimate as well as to an original contract or estimate.
(3) A contract or agreement made or executed in contravention of the provisions of this
Act or the rules or regulations made thereunder shall not be binding on the Board.
27. Delegation of power of Board to sanction contracts.— Subject to such rules as
may be made, the Board may by order direct that the power conferred on it under sections 24
and 25 to sanction a contract shall be exercised by the Housing Engineer or any other Officer
specified by it in the order.
28. Power of the Board to take measures for disaster prevention.— The Board may
take such measures, as it may consider necessary to prevent or mitigate any disaster, which is
likely to cause displacement of persons.
29. Power  of  the  Board  to  undertake  rehabilitation  schemes  and  incur
expenditure.— (1) Subject to the provisions of this Act, the Board may, from time to time,
incur expenditure and undertake works for the framing and execution of such rehabilitation
schemes it may consider necessary.
(2) The Government may, on such terms and conditions as it may think fit to impose,
transfer to the Board the execution of any rehabilitation scheme not provided for by this Act
or  any  previous  scheme,  programme  or  package  of  rehabilitation,  and  the  Board  shall
thereupon undertake the execution of such scheme as if it had been provided for in this Act.
(3) The Board may, on such terms and conditions as may be agreed upon and with the
previous approval of the Government, take over for execution any rehabilitation scheme on
behalf of a local authority or a co-operative society and the Board shall execute such scheme
as if it had been provided for in this Act.
(4) The Board may with previous approval of the Government, for the rehabilitation of
displaced persons, incur expenditure and undertake works for the framing and execution of
such rehabilitation schemes, as it may consider necessary.
CHAPTER V
Rehabilitation schemes
30. Matters  to  be  provided  for  in  rehabilitation  schemes.—  Notwithstanding
anything contained in any other law for the time being in force, a rehabilitation scheme may
provide for all or any of the following matters, namely:—
(a) the acquisition by purchase, exchange or otherwise of any property necessary for
or affected by the execution of the scheme; by following the provision of the land acquisition
Act, 1894;
(b) the laying or re-laying out of any land comprised in the scheme;
(c) the distribution or re-distribution of sites belonging to owners of the property
comprised in the scheme;
(d) the closure or demolition of dwellings or portions of dwellings unfit for human
habitation;
(e) the demolition of obstructive buildings or portion of buildings;
(f) the construction and reconstruction of any type of buildings, their maintenance
and preservation;
(g) the sale, lease or exchange of any property comprised in the scheme;
(h) the construction and alteration of roads, streets, back lanes, bridges, culverts and
causeways;
(i) the draining, water supply and lighting of the streets included in the scheme;
(j) the provision of open parks, playing fields and open spaces for the benefit of any
area comprised in the scheme or any adjoining area and the enlargement of existing parks,
playing fields, open spaces and approaches;
(k) the provision of sanitary arrangements required for the area comprised in the
scheme, including conservation and prevention of injury or contamination to reverse or other
sources and means of water supply;
(1) the provision of accommodation for any class of inhabitants;
(m) the provision of facilities for communication and transport;
(n) the collection of such information and statistics as may be necessary for the
purpose of this Act;
(o) the reclamation or reservation of lands for markets, gardens, playing fields and
afforestation;
(p) the provision of schools, parks, dispensaries, hospitals, swimming pools, cinema
houses, restaurant, shops, markets, fuel depots, laundries, hair dressing saloons and other
amenities; and
(q) any other matter for which, in the opinion of the Government, it is expedient to
make provision with a view to rehabilitate and for the improvement of any area comprised in
the scheme or of any adjoining area for the general efficiency of the scheme.
Explanation:— For the purposes of this section, the Government may, by notification,
specify  any  area  surrounding  or  adjoining the  area  included  in a  housing rehabilitation
scheme to be an “adjoining area”.
31. Rehabilitation Scheme.— Whenever the Board is of opinion that it is necessary
for persons who—
(a) are displaced by the execution of any scheme sanctioned by the Government; or
(b) are likely to be displaced by the execution of a scheme which the Government
intend to frame; or
(c) cannot be accommodated in any scheme; or
(d) the Board may frame a rehabilitation scheme for the construction, maintenance
and management of such number of dwelling houses and shops as may be required or for
providing  such  number  of  open  plots  with  roads,  streets  and  open  spaces  as  may  be
necessary.
32. Preparation,  publication  and  transmission  of  notice  as  to  rehabilitation
scheme.— (1) When any rehabilitation scheme has been framed, the Board shall cause the
preparation of a notice to that effect and specify—
(a) the boundaries of the area comprised in the scheme, and
(b) the place or places at which particulars of the scheme, a map of the area, and
details of the land which it is proposed to acquire and of the land in regard to which it
is proposed to recover betterment charges, may be seen at reasonable hours,
(c) and shall have the same published in the Official Gazette and also have a copy
sent to the local authority concerned.
(2) If within two weeks from the date of publication of a rehabilitation 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 modify the scheme.
33. Transmission to Board of representation by the concerned local authority as
to rehabilitation scheme.— The local authority concerned to whom a copy of the notice has
been sent under sub-section (1) of section 32 shall, within a period of sixty days from the
receipt of the said copy, forward to the Board any representation which the local authority
may wish to make regarding the scheme.
34. Abandonment, modification or sanction of rehabilitation scheme.— (1) After
considering the suggestions or objections received in pursuance of sections 32 and 33, the
Board may either abandon or modify or sanction the scheme, or apply to the Government for
sanction with such modifications, if any, as the Board may consider necessary if the cost of
the scheme exceeds one crore of rupees.
(2) The Government may sanction with or without modification, or may refuse to
sanction, or may return for reconsideration any rehabilitation scheme costing over one crore
of rupees submitted to it under sub-section (1).
(3) If a scheme returned for reconsideration under sub-section (2) is modified by the
Board, it shall be republished in accordance with section 32,—
(a) in  every case  in which  the  modification  affects  the  boundaries  of  the  area
comprised  in  the  scheme  or  involves  the  acquisition  of  any  land  not  previously
proposed to be acquired; and
(b) in every other case, where the modification is, in the opinion of the Board, of
sufficient importance to require republication.
35. Publication of sanction of a rehabilitation scheme.— (1) Whenever the Board or
the Government sanctions a rehabilitation scheme, it shall be published by notification.
(2) The publication of the notification in respect of any scheme shall be conclusive
evidence that the scheme had been duly framed and sanctioned.
(3) Any person aggrieved by the decision of the Board sanctioning a rehabilitation
scheme may, within fifteen days from the date of publication of the said scheme, appeal
to the Government and the decision of the Government on such appeal shall be final:
Provided that the Government may before it’s decision grant a stay, in whole or part on
execution of the said scheme.
(4) The scheme shall come into force and shall have effect,—
(a) where no appeal is preferred under sub-section (3), on and from the expiry of the
said fifteen days referred to in that sub-section; and
(b) where such appeal is preferred, an absolute stay is granted on execution of the
scheme by the Government, on and from the date of the decision of the Government on
such appeal dismissing such appeal.
36. Board to execute rehabilitation scheme soon after sanction.— As soon as may
be after a rehabilitation scheme has come into force, the Board shall proceed to execute
the same.
37. Variation of rehabilitation scheme.—  The Board may, at any time, vary any
rehabilitation  scheme  or  any  part  thereof  included,  in  the  budget  approved  by  the
Government:
Provided that such variation shall be made if it involves an expenditure in excess of ten
percent  of  the  amount  as  included  in  the  budget  approved  by  the  Government  for  the
execution of any rehabilitation scheme or if it affects the scope or purpose of any such
scheme.
38. Transfer to Board for purposes of rehabilitation scheme of building, or land
vested in local authority.—  (1) Whenever any building or land or any street or any part
thereof, which is situated within the jurisdiction of a local authority and is vested in such
local authority, is within the area of any rehabilitation scheme, the Board shall give notice
accordingly to that local authority and such building, land, or any part thereof shall thereupon
vest in the Board.
(2) Where any land situated within the jurisdiction of a local authority vests in the
Board under the provisions of sub-section (1), and the Board makes a declaration that such
land will be retained by the Board only until it revert to the local authority as part of a street
or any open space under section 40, no compensation shall be payable by the Board to the
local authority in respect of that land.
(3) Where any land or building vests in the Board under the provisions of sub-section
(1) and no declaration is made under sub-section (2) in respect of the land, the Board
shall pay to the local authority as compensation, a sum equal to the market value of such land
or building as on the date on which the scheme comes into force under section 35, and where
any building situated on the land in respect of which a declaration has been made by the
Board under sub-section (2) is vested in the Board under sub-section (1), like compensation
shall be payable in respect of such building by the Board.
(4) If, in any case, where the Board has made a declaration in respect of any land
under sub-section (2), the Board retains or disposes of the land contrary to the terms of
declaration, so that  the  land does  not  revert to the local authority,  the  Board shall pay
compensation to the local authority in respect of such land in accordance with the provisions
of sub-section (3).
(5) If any question or dispute arises as to whether compensation is payable under
sub--section (3) or sub-section (4) or as to the amount of such compensation or as to
whether any building, land or street, or any part thereof, is required for the purposes of the
scheme, the matter shall be referred to the Government whose decision thereon shall be final:
Provided that where the compensation payable is under dispute or under reference, the
land shall continue to be in the possession of the Board if such possession was with the
Board immediately prior to such dispute over the compensation.
39. Power of the Board to turn, divert or close public street vested in it.— (1) The
Board may turn, divert, discontinue the public use of, or permanently close, any public street
or any part thereof vested in it.
(2) Whenever the Board discontinues the public use of, or permanently closes, any
public street or any part thereof vested in it, it shall as far as practicable provide some other
reasonable means of access to be substituted in lieu of the use, by those entitled, of the street
or part thereof and pay reasonable compensation to every person 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 liquidated damages from such discontinuance or closing.
(3) In determining the compensation payable to any person under sub-section (2), the
Board shall make allowance for any benefit accruing to him from the construction, provision
or improvement of any public street at or about the same time that the public street or part
thereof on account of which the compensation is paid is discontinued for public use 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.
40. Transferring streets laid out or altered and open spaces provided by Board
under a rehabilitation scheme.— (1) The Board may hand over any road or street to the
local authority concerned after giving one month’s notice, when,—
(a) any such road or street, laid out or altered by the Board has been duly levelled,
metalled, flagged, channelled, sewered and drained in the manner provided in the
scheme sanctioned by the Board or the Government under section 34;
(b) lamp posts and other apparatus necessary for the lighting of such streets have
been provided by the Board; and
(c) water and other sanitary conveniences have been duly provided in such streets.
(2) The local authority concerned may, after receiving notice from the Board under
sub-section (1), declare the street to be a public street, and the street shall thereupon vest in
the local authority and shall henceforth be maintained, kept in repair, lighted and cleaned by
the local authority.
(3) When any open space for the purpose of ventilation or recreation has been provided
by  the  Board  in  executing  any  rehabilitation  scheme,  it  shall,  on  the  completion,  be
transferred to the local authority concerned by resolution of the Board and it  shall thereupon
vest in the said local authority and thereafter be maintained by that local authority at it‟s
expense:
Provided that the local authority may require the Board, before any such open space is
so transferred, to enclose, level, turf,  drain and layout such space and provide footpath
therein, and, if necessary, to provide lamps and other apparatus for lighting it.
(4) If any difference of opinion arises between the Board and the local authority in
respect of any matter referred to in the foregoing provisions of this section, the matter shall
be referred to the Government whose decision thereon shall be final.
41. Prevention or restriction of traffic in street vested in Board during progress of
work.— (1) When any work which may lawfully be done is being executed by the Board in
any street vested in it, the Board may direct that such street shall, during the progress of such
work, be either wholly or partially closed to traffic generally or to traffic of any specified
description.
(2) When any such direction has been given, the Board shall put up, in a conspicuous
position in or near the street, an order prohibiting traffic to the extent so directed, and fix
such bars, chains or posts across or in the street as it may think proper for preventing or
restricting traffic therein.
42. Provision of facilities when work is executed by Board in public streets vested
in it.— (1) When any work is being executed by the Board in any public street vested in it
the Board shall, so far as may reasonably be practicable, make adequate provision for—
(a) the passage or diversion of traffic;
(b) securing access to all premises approached from such street; and
(c) any drainage, water supply, or means of lighting, which is interrupted by reason
of the execution of the work.
(2) The Board shall pay reasonable compensation to any person who sustains special
damage by reason of the execution of any such work.
43. Power of the Government to call for the records of Board and to modify
rehabilitation  scheme.—  (1)  Notwithstanding  anything  contained  in  the  foregoing
provisions of this Chapter, the Government may, at any time, in the case of any rehabilitation
scheme, which is proposed to be framed or which has been framed by the Board or which is
being executed by it, call for and examine the records of the Board relating to such scheme
and if, after making the examination and after considering the representations, if any, of the
Board and the local authority concerned, it appears to the Government that such scheme
should be  modified,  annulled or  remitted for  reconsideration to the  Board or  that  such
scheme should be executed with modifications, it may pass orders accordingly.
(2) The Government may stay the execution of any such scheme pending the exercise
of it’s powers under sub-section (1) in respect thereof.
(3) Any  rehabilitation  scheme  which  has  already  come  into  force  but  had  been
modified by the Government under sub-section (1) shall have effect as if it has been duly
sanctioned by the Board or the Government, as the case may be, under section 34. The
scheme as modified shall be published in accordance with the provisions of section 35 and on
such publication, the scheme so modified shall come into force and have effect accordingly.
44. Power  to  exempt.—  The  Government  may,  by  notification,  exempt  either
generally  or  subject  to  such  conditions  and  restrictions  as  may  be  specified  in  such
notification and for reasons to be recorded therein, any rehabilitation scheme, or schemes,
from all or any of the provisions of this Chapter.
45. Rehabilitation grants to displaced persons.— The Board may, for the relief and
rehabilitation of displaced persons, direct payment of any rehabilitation grant to a displaced
person under such condition and to such extent and in such form and manner as may be
prescribed.
CHAPTER VI
Acquisition and disposal of land
46. Power to purchase or lease the land by agreement.— (1) The Board may enter
into  an  agreement  with  any person  for  the  acquisition from  him  by purchase,  lease  or
exchange of any land which is needed for the purposes of a rehabilitation scheme, or any
interest 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 Government shall be obtained in case of
purchase or exchange involving land worth more than rupees five lakhs or lease for more
than five years.
(2) The Board may also take necessary steps for the compulsory acquisition of any
land or any interest therein required for the execution of a rehabilitation scheme in the
manner provided in the Land Acquisition Act, 1894 (Central Act of 1894) and the acquisition
of any land or  any interest  therein for the purposes of this  Act shall be  deemed to be
acquisition for a public purpose within the meaning of the said Land Acquisition Act, 1894.
47. Power  to  dispose  of  land.—  Subject  to  such  rules  as  may  be  made  by  the
Government under this Act, the Board may retain, lease, sell, exchange or otherwise dispose
of any land, building or other property vested in it and situated in the area comprised in any
rehabilitation scheme sanctioned under this Act.
48. Disputes regarding reconstitution of plots.— (1) (a) Where by the making of a
rehabilitation  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  reconstitution  or  dispossession  such
compensation as it deems reasonable.
(b) If the person is dissatisfied with the decision of the Board in the matter, he may
inform the Board accordingly within one month.
(c) The Board shall within thirty days thereof refer the matter to the Government.
(2) The Government shall then after making an inquiry, if necessary, determine the
amount of compensation and direct the Board to pay the same to the person entitled thereto.
CHAPTER VII
Power to evict persons from Board premises
49. Appointment of competent authorities.— The Government may, by notification,
appoint an officer who holds or has held an office, which in it‟s opinion is not lower in rank
than that of a Deputy Collector or an Executive Engineer, to be the competent authority
under this Chapter in such area, or in respect of such premises or class of premises, as may
be specified in the notification and more than one officer may be appointed as competent
authority in the same area in respect of different premises or different classes of premises.
50. Power to evict certain persons from Board premises.—  (1) If the competent
authority is satisfied—
(a) that the person authorized to occupy any Board premises has—
(i) not paid rent lawfully due from him in respect of such premises for a period of
more than two months, or
(ii) sub-let, without the permission of the Board, the whole or any part of such
premises, or
(iii) otherwise acted in contravention of any of the terms, express or implied, under
which he is authorized to occupy such premises, or
(b) that  any  person  is  in  unauthorized  occupation  of  any  Board  premises,  the
competent authority may, notwithstanding anything contained in any law for the time being
in force, by notice served—
(i) by post, or
(ii) by affixing a copy of it on the outer door or some other conspicuous part of such
premises, or
(iii) 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 of the premises, to
vacate them within one month from the date of the service of the notice:
Provided that no such order shall be passed unless the person has been afforded an
opportunity to show cause why such order should not be made.
(2) If any person refuses or fails to comply with an order made under sub-section (1),
the competent authority may evict that person from, and take over the possession of the
premises and may for that purpose use such force as may be necessary.
(3) If  any  property  belonging  to  the  evicted  occupant  is  found  deposited  in  the
premises  at  the  time  of  taking  possession  of  the  premises  under  sub-section  (2),  the
competent authority shall take possession of such property, and after giving reasonable time
to the owner to recover it, dispose it of by public auction and the Board shall not be liable to
pay any compensation for the alleged loss on the property left behind by the evicted person.
The net proceeds realized from the disposal of the property belonging to the evicted occupant
shall be returned to him.
(4) If a person, who has been ordered to vacate any premises under sub-clause (i) or
sub-clause (iii) of clause (a) of sub-section (1) within thirty days of the date of service of the
notice or such longer time as the competent authority may allow, pays to the Board the rent
in arrears or carries out or otherwise complies with the terms contravened by him to the
satisfaction of the competent authority, as the case may be, the competent authority shall, in
lieu of evicting such person under sub-section (2), ca

Excerpt shown. Open the full act in Lexace.

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