The Goa,1 Housing Board Act, 1968

The Goa,1 Housing Board Act, 1968
(Act No 12 of 1968)  [18th September, 1968]
An Act to provide for the establishment of a Housing Board in the  2[State of Goa], and for
matters connected therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth 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 3 Housing
Board Act, 1968.
(2) It extends to the whole of the [State of Goa].4
(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
29;
(b) ‘appointed day’ means such date as the Government may, by notification in the Official
Gazette, appoint;
(c) ‘betterment charges’ means charges leviable under section 54;
(d) ‘Board’ means the Goa5 Housing Board, established under this Act;
(e) ‘Board premises’ means any premises be longing to or vesting in the Board or taken on
lease or otherwise by the Board or entrusted to the Board under this Act for management and use
for the purposes of this Act;
(f) ‘building materials’ means such com modities or articles as are specified to be building
materials for the purpose of this Act by notification by the Government;
(g) ‘Chairman’ means the Chairman of the Board;
(h) ‘competent authority’ means any person authorised by notification by the Government to
perform the functions of the competent authority under section 60;
(i) ‘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 territory;
(j) ‘housing scheme’ means a housing scheme framed under this Act;
(k) 6‘Government’ means the Government of Goa;
(l) ‘land’ includes benefits arising out of land and things attached to the earth or perma nently
fastened to anything attached to the earth;
(m) ‘member’ means a member of the Board and includes the Chairman;
(n) ‘local authority’ means the area under the jurisdiction of a municipal council or a nagar
panchayat or a panchayat constituted under any law for the time being in force in the territory;
(o) ‘notification’ means a notification published in the Official Gazette;
(p) ‘premises’ means any land or building or part of a building and includes—
(i) gardens, ground and out-houses, if any, appertaining to such building or part of a
building, and
(ii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(q) ‘prescribed’ means prescribed by rules made under this Act;
(r) ‘regulations’ means regulations made under section 129;
(s) ‘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;
(t) 7‘Secretary’ means the Secretary–cum–Managing Director of the Board;
(u) ‘Territory’ means the Union Territory of Goa, Daman and Diu;
(v) ‘year’ means the financial year.
CHAPTER - II
Establishment of Board
3. Establishment and incorporation of Board. — (1) On and from the appointed day, there
shall be established a Board to be called the Goa8 Housing Board.
 (2) The Board shall be a body corporate having perpetual succession and a common seal and
may sue and be sued in its 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 of 1894 the Board shall be
deemed to be a local authority.
Explanation:— The purposes of this Act referred to in sub-section (3) include the management
and use of lands and buildings belonging to or vesting in the Board and the exercise of its rights
over and with respect to such lands and buildings.
4.  Constitution  of  Board.— (1)  The  Board  shall  consist  of  a  Chairman,  and  eight  other
members, nominated by the Government by notification:
Provided that at least one of the members shall be an officer of the Government.
5. Term of office of Chairman and other mem bers.— (1) 9[Every member shall hold office
during  the  pleasure  of   the  Government  and  shall  be  eligible  for  
renomination].
(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 if the Board so desires, he shall be entitled to receive both remuneration and
allowances at such rates as may be prescribed:
Provided further that in the case of a member of the Legislative Assembly of Goa, Daman and
Diu, he shall not be entitled to any remuneration other than the travelling allowance and daily
allowance at rates not exceeding those admis sible to him as a member of the Legislative Assembly
under the Goa, Daman and Diu Sala ries and Allowances of Members of the Legis lative Assembly
Act, 1964.
6. Disqualification for appointment. — (1) A per son 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 of an offence involving moral turpitude.
(2)  A  person  shall  not,  however,  be  disqualified  under  clause  (d)  or  clause  (c)  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 advertise ment  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  (c)  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 disqualifications 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 Govern ment been guilty of any misconduct or neglect of
duty or has so abused his position as to render his continuance as member detrimen tal 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 acting:
Provided that no member shall be removed from office unless he has been given an 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 accor dance
with the provisions of this Act.
10.  Temporary  absence  of  members.— If  any  member  of  the  Board  is  by  infirmity  or
otherwise  rendered  temporarily  incapable  of  carrying  out  his  duties  or  is  absent  on  leave  or
otherwise not involving the vacation of his appointment, 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 its functions.
(2) The appointment of the Secretary, Housing Engineer and Chief Accounts Officer shall be
made by the Government, and the appointments of other officers and employees shall be made by
the Board.
13. Conditions of service of officers and other employees of Board.—  The remuneration and
other conditions of service of the Secretary, Housing Engineer, 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 care lessness,
unfitness, neglect of duty or miscon duct, 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 acting 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 State Government relating to transfer
to foreign service;
 (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 State Gov ernment
in respect of whom a contribution is paid under section 120 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  allowances  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, 74, 107 and 110.
 (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 orders 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 Boards.— The Board shall make such regulations with respect to the day, time,
place, notice, management and adjournment of its 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 have and 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 commu nicated, it shall be deemed that the Govern ment 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 and to take part in the discussions 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 all 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 is
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 housing, improvement or building scheme framed under this
Act, or in an area in which it is 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 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 10[three lakh rupees]; and
(2) by the Board, in other cases:
11[Provided that the Board shall not, without the previous approval of the Government, incur any
expenditure exceeding ten lakhs of rupees if the funds are linked to any Government Guarantee and
one crore of rupees in other cases.]
Provided further that the Chairman shall report the expenditure incurred by him under this
section to the Board at its 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 service of 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 therefor to the
Board at its 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 12[Secretary] , or any other person empowered by it in this behalf.
(2)  The  13[Secretary]  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 five
hundred rupees.
26. Further provisions as to execution of con tracts 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 powers 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.
CHAPTER - V
Housing, improvement or building schemes
28. Power of the Board to undertake housing, improvement or building 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 fram ing and execution of such housing, improvement or
building schemes as 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 housing, improvement or building scheme not provided for by this
Act, 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 con ditions as may be agreed upon and with the previous
approval of the Government, take over for execution any housing, improvement or building 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.
29.  Matters  to  be  provided  for  in  housing,  improvement  or  building  
schemes.— Notwithstanding anything contained in any other law for the time being in force, a
housing, improvement or building 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;
(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 pres -
ervation;
(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 cause -
ways;
(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 rivers or other sources and
means of water supply;
(l) 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 purposes of
this Act;
(o)  the  reclamation  or  reservation  of  lands  for  market,  gardens,  playing  fields  and
afforestation;
(p) the provision of schools, parks, dispen saries, hospitals, swimming pools, cinema houses,
restaurants, 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 providing housing accommodation 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, improvement or building scheme
to be an “adjoining area”.
30. Types of housing, improvement or building schemes.—  Any housing, improvement or
building scheme shall be of one of the following types, or combination of any two or more such
types or of any special features thereof, that is to say—
(a) a housing accommodation scheme;
(b) a rebuilding scheme;
(c) a rehousing or rehabilitation scheme;
(d) a city or town or village expansion scheme;
(e) a street scheme;
(f) a deferred street scheme;
(g) a land development scheme; and
(h) a general improvement scheme.
31.  Housing accommodation scheme. — (1) Whenever the Board is of the opinion that it is
expedient or necessary to meet the needs for housing accommodation in any area, the Board may
frame a housing accommodation scheme.
(2) Such scheme shall specify the layout of the area where the houses are to be constructed.
(3) Such scheme may provide for the construc tion of houses and for the sale, leasing out or
sale on hire purchase basis of any house so constructed.
(4) The Board may provide in the area roads, streets, drainage, water-supply, street lighting
and other amenities.
32. Rebuilding scheme.—  (1) Whenever it appears to the Board that any area is an insanitary
area, within the meaning of section 38 and that, having regard to the comparative value of the
buildings in such area and of the sites on which they are erected, the most satisfactory method of
dealing with the area or any part thereof is a rebuilding scheme, the Board may frame a rebuilding
scheme for the whole area or any part of it in accordance with the provisions of this section.
(2) A rebuilding scheme may provide for—
(a) the reservation of roads, streets, lanes and open spaces and the enlargement of the existing
roads, streets, lanes and open spaces to such extent as may be necessary for the purposes of the
scheme;
(b) the re-laying out of the sites of the area upon roads, streets, lanes and open spaces so
reserved or enlarged;
(c) the payment of compensation in respect of any such reservation or enlargement, and the
formation of roads, streets, lanes and open spaces so reserved or enlarged;
(d)  the  reconstruction,  alteration  or  demolition  of  the  existing  buildings  and  their  
appurtenances by the owners, or by the Board in default of the owners, and the erection of
buildings in accordance with the scheme by the said owners, or by the Board in default of the
owners, upon the sites as defined under the scheme;
(e) the advance to the owners, upon such terms and conditions as to interest, sinking fund
and other matters as may be provided for under the scheme, of such sums as may be necessary to
assist them to reconstruct or alter existing buildings or to erect new buildings in accordance with
the scheme; and
(f) the acquisition by the Board of any site or building comprised in the area included in the
scheme.
33.  Rehousing  or rehabilitation Scheme. — Whenever the Board is of opinion that it is
necessary for persons who—
(a)  are  displaced  by  the  execution  of  any  housing,  improvement  or  building  scheme
sanctioned under this Act, or
(b) are likely to be displaced by the execu tion of any housing, improvement or building
scheme which it is intended to frame under this Act, or
(c) cannot be accommodated in any scheme area, the Board may frame a rehousing scheme
for the construction, maintenance and management of such number of dwelling houses and
shops as may be required, or may frame a rehabilitation scheme for providing such number of
open plots with roads, streets and open spaces as may be necessary.
34. City, town or village expansion schemes. — (1) Whenever the Board is of opinion that it is
expedient to control and provide for the future expansion or development of a city, town or village,
the Board may frame an expansion scheme and specify the time limit for the execution of such
scheme.
(2) The expansion scheme may be framed in respect of an area which lies wholly within or
wholly outside the limits of the city, town or village or in respect of an area which lies partly within
and partly outside the city, town or village.
(3) Such scheme shall specify the proposed layout of the area to be developed and the purposes
for which particular portions thereof are to be utilized.
(4) After any such scheme has come into force, no person shall, without the previous permission
of the Board, erect, re-erect, add to or alter any building or wall within the area comprised in the
scheme.
(5) If the Board refuses to grant permission to any person to erect, re-erect, add to or alter any
building or wall on his land in the area aforesaid and does not proceed to acquire such land within
one year from the date of such refusal, the Board shall pay reasonable compensation to such
person, for any damage sustained by him in consequence of such refusal.
35. Street Scheme.— (1) Whenever the Board is of opinion that for the purposes of—
(a) providing building sites, or
(b) remedying defective ventilation, or
(c) creating new or improving existing means of communication and facilities for traffic, or
(d) affording better facilities for conservancy,
It is expedient to lay out new streets or alter existing streets (including bridges, causeways and
culverts) in any area, the Board may frame a street scheme for such area.
(2) A street scheme may, within the limits of the area comprised in the scheme, provide for all or
any of the following matters, namely:—
(a) the acquisition of any land which, in the opinion of the Board, is necessary for the street
scheme;
(b) the re-laying out of all or any of the lands so acquired, including the construction and
reconstruction of buildings by the Board or by persons authorised by the Board in that behalf,
and the laying out, construction and alteration of streets and thoroughfares;
(c)  the  draining,  water-supply  and  lighting  of  streets  and  thoroughfares  so  laid  out,
constructed or altered;
(d) the raising, lowering or reclaiming of any land vested in, or to be acquired, by the Board;
(e) the provision of open spaces for the better ventilation of the area comprised in the scheme;
and
(f) the acquisition of any land adjoining any street thoroughfare or open space to be formed
under the scheme.
36. Deferred street scheme. — (1) Whenever the Board is of opinion that it is necessary to
provide for the ultimate widening of any street by altering the existing alignments of such street to
improved alignment to be specified by the Board but that it is not necessary immediately to acquire
all or any of the properties lying within the proposed improved alignment, the Board may frame a
deferred street scheme specifying an alignment on each side of the street and the time limit for the
execution of such scheme.
(2) A deferred street scheme shall provide for all or any of the following matters, namely:—
(a) the acquisition of the whole or any part of any property lying within the street alignment
within the time limit specified in the Scheme which may be extended by the Board:
Provided that such time limit including the extensions granted by the Board shall in no case
exceed twenty years from the date of sanction of this scheme;
(b) the re-laying out of all or any such property including the construction and reconstruction
of building by the Board or by any other person and the formation and alignment of the street;
(c) the draining, water-supply and lighting of the streets so formed or altered.
(3) After a deferred street scheme has been sanctioned by the Board,—
(a)  no  person  shall,  except  with  the  written  permission  of  the  Board,  erect,  re-
-erect, add to or alter any building or wall so as to make the same project into the specified
alignment of the street;
(b) if the Board fails to acquire or to institute proceedings for the acquisition of any prop erty
within the specified alignment of any street and within the time limit specified in the scheme or
extended by it, the owner of such property may, at any time thereafter, give the Board notice
requiring it to acquire the same or to institute proceedings for the acquisition of such property
before the expiration of six months from the date of such notice and thereupon the Board shall
acquire, or institute such proceedings and acquire, the property accordingly, and if the Board
fails to do so, it shall pay reasonable compensation to the owner for any damage sustained by
him in consequence of such failure;
(c) before instituting proceedings to acquire any property lying within a specified alignment
of the street other than property regarding which it has received a notice under clause (b), the
Board shall give six months’ notice to the owner of its intention to acquire such property.
37. Land development scheme.—  (1) Whenever the Board is of opinion that it is expedient to
provide building sites in any area, the Board may frame a land development scheme.
(2) Such scheme shall specify the proposed lay out of the area to be developed and the purposes
for which particular portions thereof are to be utilized.
(3) The Board may provided for roads, streets, open spaces, drainage, water supply and street
lighting and other amenities for the scheme area.
(4) The Board may lease out or sell, by outright sale or on hire purchase basis, the building sites
in the scheme area.
38. General improvement scheme.— Wherever it appears to the Board—
(a) that in any area, any buildings used or likely to be used as dwelling houses are unfit for
human habitation, or
(b) that danger to the health of the inhab itants of buildings in any area, or to buildings in the
neighbourhood of such area, is likely to be caused by—
(i) the narrowness, closeness, or bad arrangement or condition of streets or buildings or
groups of buildings in such area, or
(ii) the want of light, air, ventilation or proper conveniences in such area, or
(iii) any other sanitary defects in such area, the Board may frame a general improvement
scheme in respect of such area.
39. Preparation, publication and transmission of notice as to housing, improve-ment or
building schemes.— (1) When any housing, improvement or building 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,
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 the housing, improvement or building
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.
40.  Transmission  to  Board  of  representation  by  the  concerned  local  authority  
as  to  housing,  improvement  or  building  scheme.— The  local  authority  concerned  
to  whom  a  copy  of  the  notice  has  been  sent  under  sub-section  (1)  of  section  39  
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.
41. Abandonment, modification or sanction of a housing, improvement or building scheme.
— (1) After considering the suggestions or objections received in pursuance of sections 39 and 40,
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 ten lakhs of rupees.
(2) The Government may sanction with or without modification, or may refuse to sanction, or
may return for reconsideration any housing, improvement or building scheme costing over ten
lakhs 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 39—
(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.
42. Publication of sanction of housing, improvement of building schemes.—  (1) Whenever
the Board or the Government sanctions a housing, improvement or building 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 has been duly framed and sanctioned.
(3) Any person aggrieved by the decision of the Board sanctioning a housing, improvement or
building 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.
(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, on and from the date of the decision of the Govern ment on
such appeal.
43. Board to execute housing, improvement or building scheme soon after sanction.—  As
soon as may be after a housing, improvement or building scheme other than a deferred street
scheme or expansion scheme has come into force, the Board shall proceed to execute the same.
44. Variation of housing, improvement or build ing schemes.— The Board may at any time
vary any housing, improvement or building scheme or any part thereof included in the budget
approved by the Government:
Provided that no such variation shall be made if it involves an expenditure in excess of ten per
cent of the amount as included in the budget approved by the Government for the execution of any
housing, improvement or building scheme or if it affects the scope or purpose of any such scheme.
45.  Transfer  to  Board  for  purposes  of  housing,  improvement  or  building  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 housing, improvement or building scheme, the Board shall
give notice accordingly to that local authority and such building, land or street 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 revests in the local authority as part of a street or any open space under
section 47, 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 42, 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 the declaration, so that
the land does not revest in 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.
46. Power of Board to turn 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  damage  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 other 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.
47. Transferring streets laid out or altered and open spaces provided by Board under a
housing, improvement or building 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 41,
(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 thenceforth 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 housing, improve ment or building scheme, it shall, on 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 its expense:
Provided that the local authority may require the Board, before any such open space is so
transferred, to enclose, level, turf, drain and la

Excerpt shown. Open the full act in Lexace.

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