LexThe Gujarat Housing Board Act, 1961
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Gujarat Housing Board Act, 1961 1 of 27 GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT Gujarat Act No. XXVIII of 1961 The Gujarat Housing Board Act, 1961 ( As modified upto 31st August, 2012) The Gujarat Housing Board Act, 1961 2 of 27 THE GUJARAT HOUSING BOARD ACT, 1961. CONTENTS. PREAMBLE. SECTIONS. PAGE. NO. CHAPTER I. PRELIMINARY. 1. Short title, extent and commencement. 2. Definition. CHAPTER II. ESTABLISHMENT OF THE BOARD. 3. Incorporation. 4. Non-applicability of Rent Act. 5. Constitution of the Board. 6. Grant of leave of absence to Chairman. 7. Disqualification for appointment on Board. 8. Term of office and conditions of service of members. 8A. Removal of member from office. 9. Cessation of membership. 10. Vacancies. 11. Proceedings presumed to be good and valid. 12. Temporary absence of members. 13. Appointment of officers and servants. 14. Conditions of service of officers and servants. 15. Provident Fund. 16. General disqualification of all officers and servants. 17. Appointment of committees. CONDUCT OF BUSINESS. 18. Meetings of Board. 19. Procedure of Committees. CONTRACTS. 20. Power to make contracts. 21. Execution of contracts. 22. Delegation of Board's power to sanction contracts. 23. Further provisions as to execution of contracts. The Gujarat Housing Board Act, 1961 3 of 27 SECTIONS. CHAPTER III. HOUSING SCHEMES. 24. Duty of Board to undertake housing schemes. 24A. Inclusion of area other than Urban area in scheme. 25. Matters to be provided for by housing schemes. 26. No housing scheme to be mad e for area included in improvement scheme or be inconsistent with town planning scheme. 27. Preparation and submission of annual housing programme, budget and establishment schedule. 28. [Deleted.] 29. Sanction to programme and budget. 30. [Deleted.] 31. Supplementary programme and budget. 32. Variation of programme by Board after it is sanctioned. 33. Sanctioned housing schemes to be executed. 34. [Deleted.] 35. Transfer to, for purposes of housing scheme of land vested in municipal body or local board. 36. Compensation in respect of land vested in the Board. 37. Power of Board to turn or close public street vested in it. 38. Reference to Tribunal in case of dispute under section 36 or 37. 39. Vesting in municipal body of streets laid out or al tered and open space provided by the Board under housing scheme. 40. Other duties of the Board. 41. [Deleted.] 42. Reconstitution of plots. 43. Power to exempt schemes from provisions of sections 27 to 34. CHAPTER IV. ACQUISITION AND DISPOSAL OF LAND. 44. Power to purchase or lease by agreement. 45. [Deleted.] 46. [ Deleted. ] 47. [Deleted.] 48. [ Deleted. ] 49. Power to dispose of land. The Gujarat Housing Board Act, 1961 4 of 27 SECTIONS. 50. Disputes regarding reconstitution of plots. CHAPTER V. TRIBUNAL. 51. District Judge to be the Tribunal. 52. Duties of the Tribunal. 53. [Deleted.] 54. Powers of and procedure before Tribunal. 55. Decision of Tribunal to be final. CHAPTER VI. POWER TO EVICT PERSONS FROM BOARD PREMISES. 56. Power to evict certain persons from Board Premises. 57. Power to recover rent or damages as arrears of land revenue. 58. Rent to be recovered from deductions from salary or wages in certain cases. 59. Appeal. 60. Bar of jurisdiction of Civil Courts. CHAPTER VII. FINANCE, ACCOUNTS AND AUDIT. 61. Board's fund. 62. Application of the fund. 62A. Revolving Fund. 63. Expenditure in case of urgency. 64. Subventions and loans to the Board. 65. Power of Board to borrow. 66. Accounts and audit. 67. Concurrent and special audit of accounts. CHAPTER VIII. MISCELLANEOUS. 68. Reports. 69. Other statements and returns. 70. Powers of entry. 71. Notice of suit against Board. 72. Quinquennial valuation of assets and liabilities of the Board. 72A. Power of Board to construct buildings intended for public pur pose on behalf of Government, Local authority or Corporation owned or controlled by Government or co-operative society. The Gujarat Housing Board Act, 1961 5 of 27 SECTIONS. 73. Power to make rules. 74. Regulations. 75. Power to make bye-laws. 76. Penalty for contravention of bye-laws. 77. Penalty for obstructing etc. 78. Penalty for obstructing exercise of powers under Chapter-VI. 79. Authority for prosecution. 80. Members, officers and servants of the Board to be public servants. 81. Protection of action taken under this Act. 82. Government's power to give directions to Board. 83. Default in performance of dury. 84. Dissolution of the Board. 85. Amendment of Bom. XXXI of 1948. 86. Repeal and consequential provisions. 87. Savings. The Gujarat Housing Board Act, 1961 6 of 27 GUJARAT ACT NO. XXVIII OF 1961 1 [THE GUJARAT HOUSING BOARD ACT, 1961.] [1st July, 1961]. Amended by Guj. 29 of 1964. Amended by Guj. 1 of 1973. Amended by Guj. 13 of 1973. Amended by Guj. 13 of 1979. Amended by Guj. 8 of 1985. Amended by Guj. 1 of 1999. 2[An Act to consolidate and amend the law relating to the Housing Board in the State of Gujarat and its functions]. It is hereby enacted in the Twelfth Year of the Republic of India as follows: CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Gujarat Housing Board Act, 1961. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless there is anything repugnant in the subject or context,— (1) "adjoining area" means such area as may be specified to be an adjoining area .under section 25; 3[(1A) "apartment" means an apartment within the meaning of the Gujarat Ownership Flats Act, 1973;] (2) "betterment charges" means the charges leviable under section 45 ; (3) "Board" means the Housing Board constituted under section 3 ; (4) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Boar d or entrusted to the Board under this Act for management and use for the purposes of this Act ; (5) "building materials" means such commodities or articles as are specified to be building materials for the purposes of this Act by the State Government by notification in the Official Gazette; 4[(5A) "building" includes a building within the meaning of the Gujarat Ownership Flats Act, 1973;] (6) "bye-laws" means bye-laws made under section 75; (7) "Chairman" means the Chairman of the Board ; (8) "competent authority" means any person authorised by the State Government by notification in the Official Gazette to perform the functions of the competent authority under Chapter VI for such area as may be specified in the notification and shall be a person who is holding or has ho ld an office, which is not lower in rank than that of a Deputy Collector or the Assistant Housing Commissioner under the Board; (9) "Housing Scheme" means a Housing Scheme made under this Act ; (10) "land" includes ben efits to arise out of land and things attached to the earth or permanently fastened and things attached to the earth or permanently fastened to anything attached to the earth ; Short title, extent and commencement. Definition. Guj. 13 of 1973. Guj. 13 of 1973. The Gujarat Housing Board Act, 1961 7 of 27 5[(10-A) "land acquisition law" means the Land Acquisition Act, 189 4 as in force in the State of Gujarat;] (11) "local board" means a local board constituted under the Bombay Local Boards Act, 1923; (12) "member" means a member of the Board ; (13) "municipal body" means— (1) a corpor ation constituted under the Bombay Provincial Municipal Corporations Act, 1949; or 6[(2) a municipality or a notified area committee constituted under the Gujarat Municipalities Act, 1963;] (14) "premises" means any land or building or p art of a building 7[including any apartment therein] and includes— (i) gardens, grounds and outhouses, if any, appertaining to such building or part of a building, and (ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ; (15) "prescribed" means prescribed by rules ; (16) "programme" means the annual housing programme prepared by the Board under section 27; 8[ * * * *] 9[(18) "regulations" means regulations made under section 74 ; (19) "Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as in force in the State of Gujarat;] (20) "rules" means rules made under section 73; (21) "Secretary" means the Secretary of the Board ; (22) "Tribunal" means the Tribunal constituted under section 51 ; 10[ 11[(22A) "urban area" means, an area which for the time being is within the limits of— (1) a city constituted under the Bombay Provincial Municipal Corporations Act, 1949 alongwith a peripheral area of five kilometres, or (2) a municipal borough constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963 alongwith a peripheral area of five kilometres, or (3) a notified area constituted under the Gujarat Municipalities Act, 1963 alongwith a peripheral area of five kilometres, or (4) a nagar constituted under the Gujarat Panchayats Act, 1961 alongwith a peripheral area of three kilometres, or (5) a development area or an urban development area declared under section 3 or 22 of the Gujarat Town Planning a nd Urban Development Act, 1976].]. (23) "year" means the year commencing on the 1st day of April and ending on the 31st day of March. I of 1894. Bom. VI of 1923. Bom. LIX of 1949. Guj. 34 of 1964. Bom. LVII of 1947. Bom. LIX of 1949. Guj. 34 of 1964. Guj. 34 of 1964. Guj. VI of 1962. President's Act. No. 27 of 1976. The Gujarat Housing Board Act, 1961 8 of 27 CHAPTER II. ESTABLISHMENT OF THE BOARD. 3. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf there shall be established for the purposes of this Act a Board by the name of the Gujarat 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 be competent to acquire and hold 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 12[ * ] land acquisition law 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 under or for the purposes of this Act and the exercise of its rights over and with respect to such. lands and buildings for the purposes of this Act. 4. The 13[ * ] Rent Act,— (a) notwithstanding anything contained therein shall not apply— (i) to any land or building belonging to or vesting in the Board under or for the purposes of this Act ; (ii) as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building ; (b) shall apply to any land or building let to the Board. 5. (1) The Board shall consist of the Chairman and 14[ten] other members appointed by the State Government : 15[Provided that out of such ten other members two members shall be persons who possess technical knowledge and experience in the matter of construction of buildings.] (2) Any member of the Board may at any time resign his office by submitting his resignation to the State Government : Provided that the resignation shall not take effect until it is accepted. 6. The State Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the State Government appoints to act for the Chairman during such absence on leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman. 7. (1) A person shall be disqualified for being appointed or continuing as the Chairman or member of the Board, if he— (a) holds any office or place of profit under the Board, (b) is of unsound mind, (c) is an uncertificated bankrupt or an undischarged insolvent, (d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of the Board, or (e) is a director, secretary, manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board. Incorporation. Non applicability of 13[ *] Rent Act. Constitution of the Board. Grant of leave of absence to Chairman. Disqualification for appointment on Board. The Gujarat Housing Board Act, 1961 9 of 27 16[(1-A) For the purpose of clause (a) of sub -section (1), a person shall not be deemed to hold office or place of profit under the Board by reason only that he is a Housing Commissioner.] (2) A person shall not, however, be disqualified under clause (d) or (e) of sub- section (1) or be deemed to have any share or interest in any contract or employment within the meaning of these 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 any news -paper in which any advertisement relating to the affairs of the Board is inserted. (3) A person shall not also be disqualified under clause (d) or (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 any contract or employment with, by or on behalf of, the Board, by reason on ly 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. 8. 17[(1) The Chairman and the members shall hold office during the pleasure of the State Government.] (2) Every member shall receive such allowances as may be prescribed. (3) The Chairman may hold office in an hono rary capacity or on payment of remuneration. If any remuneration is to be paid to the Chairman such remuneration and other conditions of service shall be such as may be prescribed. (4) The allowances to the members and the remuneration if any, to the Chairman shall be paid from the fund of the Board. 18[8A. If a member has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his position or makes persistent default in the performance of his duties and functions under this Act or has become incapable of performi ng his duties under this Act, the State Government may remove him from office after giving him an opportunity of being heard.] 9. 19[(1)] If a member,— (a) becomes subject to any of the disqualifications mentioned in section 7, 19[(b) tenders his resignation in writing to the State Government and such resignation is accepted by the State Government, or] (c) is absent without the permission of the Board from all the meetings of the Board for a period of two successive months, he shall cease to be a member. 20[(2) In every case where dispute arises as to whether a member has ceased to be a member or not, it shall be decided by the State Government, after giving an opportunity of being heard to the member concerned.] 21[10. Any vacancy of a member, due to death, resignation, removal, disability or disqualification or any other reason shall be filled in as early as possible: Provided that during any such vacancy the continuing members may act as if no vacancy had occurred.] 11. No disqualification of or defect in the appointment of any person acting as a Chairman or a member of the Board shall be deemed to vitiate any act or proceedings of the Board, if such act or proceeding i s otherwise in accordance with the provisions of this Act. Term of office and conditions of service of members. Removal of member from office. Cessation of membership. Vacancies. Proceedings presumed to be good and valid. The Gujarat Housing Board Act, 1961 10 of 27 12. If any member of the Board other than the Chairman is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or on any other ground not resulting in the cessation of his membership, the State Government may appoint another person to officiate for him and carry out his functions under this Act or any rule or regulation made thereunder. 13. The Board may appoint a Secretary, one or more Assistant Housing Commissioners and a Housing Commissioner and such other officers and servants as it considers necessary for the efficient performance of its functions: 22[Provided that the appoi ntment of a Housing Commissioner and of any other officer whose salary exceeds rupees one thousands four hundred per mensem shall be subject to the previous approval of the State Government.] 14. The remune ration and other conditions of service of the Secretary, Housing Commissioner and other officers and servants of the Board shall be such as may be determined by regulations. 15. (1) The State Government shall establish a provi dent fund for the Secretary, Housing Commissioner and other officers and servants of the Board and such provident fund (hereinafter called the said fund) shall, notwithstanding anything contained in section 8 of the Provident Funds Act, 1925, be deemed to be a Government Provident Fund for the purposes of the said Act. (2) The Board shall in respect of each of its employees who is a subscriber to the said fund, pay into the said fund such portion of the contribution in such manner as the State Government may, from time to time, determine. 23[(3) It shall be lawful for the Board to utilise the moneys in the said fund to defray the cost of executing any housing scheme, subject to such restriction as to the amount to be so utilised as the State Government may , from time to time, by order, specify, having regard to the probable requirements, within reasonable proximity of time, of the Board for paying the amount from the said fund to the depositors.] 16. No person who has directly or indirectly by himself or his partner or agent any share or interest in any contract, 24[by or on behalf of the Board or the Gujarat Rural Housing Board constituted under section 3 of the Gujarat Rural Housing Board Act, 1972], or in any employment under, 25[by or on behalf of any of the said two Boards], otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board. 17. (1) The State Gover nment may appoint a Housing Advisory Committee. The functions of the Housing Advisory Committee shall be advisory and such as may be determined by the State Government. (2) Subject to any rules made under section 73, the Board may from time to time appoint one or more other Committees for the purposes of securing the efficient discharge of its functions and in particular for the purpose of securing that the said functions are exercised with due regard to the circumstances and requirements of particular local areas. 26[(3) The members of a Committee appointed under this section shall receive such allowances as may be prescribed.] CONDUCT OF BUSINESS. 18. The Board shall meet and shall from time to time make such arrangements with respect to the day, time, notice, management and adjournment of its meetings as it thinks fit, subject to the following provisions, namely :— 27[(aa) The first meeting of the Board shall be called by the Chairman as soon as possible after its constitution under section 5,] (a) an ordinary meeting shall be held 28[once atleast every month.], Temporary absence of members. Appointment of officers and servants Conditions of service of officers and servants. Provident Fund. XIX of 1925. General disqualification of all officers and servants. Guj. 22 of 1972. Appointment of committees. Meetings of Board. The Gujarat Housing Board Act, 1961 11 of 27 (b) the Chairman may, whenever, he thinks fit, call special meetings, (c) every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the meeting to preside for the occasion, (d) all questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote, and (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose. 19. (1) The Housing Advisory Committee shall meet to discharge the functions assigned to it in such manner as may be directed by the State Government. (2) Any other Committee appointed under sub -section (2) of section 17 shall meet to discharge the functions assigned to it in such manner as may be directed by the Board. CONTRACTS. 20. The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act. 21. (1) Every contract shall be made on behalf of the Board by the Chairman : 29[Provided that no contract involving an expenditure of rupees twenty five thousand or more shall be made without the previous sanction of the Board.] (2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate. 22. Subject to any rules which the State Government may make in this behalf, the Board may by order direct that the power conferred on it under section 21 to sanction a contract shall be exercised by the Housing Commissioner or any other officer specified by it in the order. 23. (1) Every contract by the Chairman on behalf of the Board shall, subject to the provisions of this section, be entered in to in such manner and form as may be prescribed. (2) A contract not executed as provided in this section and the rules made thereunder shall not be binding on the Board. CHAPTER III. HOUSING SCHEMES. 24. Subject to the Provisions of this Act and subject to the control of the State Government, the Board may incur expenditure and undertake work 30[in such urban area] as the State Government may by notification in the Official Gazette specify for the framing and e xecution of such housing schemes as it may consider necessary from time to time or as may be entrusted to it by the State Government. 31[24A. If the Board while framing a housing scheme in respect of an u rban area considers it necessary for the purpose of construction of houses under the scheme to include in the scheme a part of an area which is contiguous to such urban area but which is not an urban area, then, notwithstanding anything contained in sectio n 24 or any other law for the time being in force, it shall be lawful for the Board, with the previous approval of the State Government, to include in the scheme such part and thereupon the part shall be deemed to be an urban area for the purpose of the scheme.] 25. (1) Notwithstanding anything contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, namely:— Procedure of Committees. Power to make contracts. Execution of contracts. Delegation of Board's power to sanction contracts. Further provisions as to execution of contracts. Duty of Board to undertake housing scheme. Inclusion of area other than urban area in scheme. Matters to be provided for by housing schemes. The Gujarat Housing Board Act, 1961 12 of 27 (a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme ; (b) the laying out or relaying out of any land comprised in the scheme; (c) the distribution or re -distribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation ; (e) the demolition of obstruct buildings or portions of buildings that are an obstruction ; (f) the construction and re-construction of building; (g) the sale, letting or exchange of any property comprised in the scheme; 32[(gg) the sale of apartment in any building or buildings constructed by the Board on such terms and conditions as the Board may determine;] (h) the construction and alteration 33[of roads, streets, back lanes bridges, culverts and causeways] ; (i) drainage, water supply and lighting of the area included in the scheme; (j) 34[shops, schools, parks, playing fields] and open spaces for the benefit of any area comprise d in the scheme or any adjoining area, and the enlargement of existing parks, playing fields, open spaces and approaches; (k) sanitary arrangements required for the area comprised in the scheme, including the conservation and prevent ion of any injury or c ontamination to rivers or other sources and means of water supply ; (l) accommodation for any class of inhabitants ; (m) the advance of money for the purposes of the scheme ; (n) facilities for communication and transport ; (o) the collection of such i nformation and statistics as may be necessary for the purposes of this Act; (p) any other matter for which, in the opinion of the State Government it is expedient to make provision with a view 35[ to provide housing accommodation in any urban area ] and t o the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. (2) For the purposes of this section, the State Government may, on the recommendation of the Board, by notification in the Official Gazette, specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area 36[ (3) The Board may execute any of the matters provided in a housing scheme through any independent agency. ] 26. (1) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under any enactment for the time being in force for the constitution of a municipal corporation for any area in the State of Gujarat, nor shall any housing scheme made under this Act contain anything which is inconsistent with any of the matters included in a town planning scheme sanctioned by the State Government under the Bombay Town Planning Act, 1954 or any corresponding law in force in any part of the State. No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme. Bom. XXVII of 1955. The Gujarat Housing Board Act, 1961 13 of 27 (2) If any dispute arises whether a housing scheme made under this Act in cludes any area included in an improvement scheme sanctioned under any such enactment as aforesaid or contains anything inconsistent with any matter included in a town planning scheme sanctioned under the Bombay Town Planning Act, 1954, or any correspondin g law in force in any part of the State, the decision of the State Government shall be final. 37[ Such decision shall be taken within a period of three months. ] 27. (1) Before the first day of December in each year, the Board shall prepare and forward to the State Government in such form as may be prescribed — (i) a programme, (ii) a budget for the next year. 38[ * * * ] (2) The programme shall contain,— (a) su ch particulars of housing schemes which the Board proposes to execute whether in part or whole during the next year as may be prescribed, (b) the particulars of any undertaking which the Board proposes to organize or execute during the next year for the p urpose of the production of building materials, and (c) such other particulars as may be prescribed. (3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year. 28. [Programme to be published for inviting suggestions and objections], — Deleted by Guj. 1 of 1973, s. 21. 39[29. The State Government may sanction the programme and the budget forwarded to it with such modifications as it deems fit. The programme and the budget so sanctioned shall be laid before the State Legislature as soon as may be after they are sanctioned]. 30. [Publication of sanctioned Programme].—Deleted by Guj. 1 of 1973 S. 23. 31. The B oard may, at any time during the year, in respect of which a programme has been sanctioned under section 29, submit a supplementary programme and budget to the State Government and the provisions of 40[section 29] shall apply to such supplementary programme. 32. The Board may at any time vary any programme or any part thereof included in the programme sanctioned by the State Government; 41[Provided that no such variation as affects the scope or purpo se of any housing scheme included in such programme shall be made without the previous sanction of the State Government]. 33. After the programme has been sanctioned 42[ * * ]by the State Government 43[under section 29] the Board shall, subject to the provisions of section 32, proceed to execute the housing schemes included in the programme. 34. [Publication of housing scheme in the Official Gazette].—Deleted by Guj. 1 of 1973, s. 27. 35. (1) Wherever any street, square or other land, or part thereof which is situated in any area within the jurisdiction of a municipal body 44[ * * * ] and is vested in that municipal body 44[ * * * ], is w ithin the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme, the Board shall give notice accordingly to the municipal body Bom. XXVII of 1955. Preparation and submission of annual housing programme, budget and establishment schedule. Sanction to programme and budget. Supplementary programme and budget. Variation of programme by board after it is sanctioned. Sanctioned housing scheme to be executed. Transfer to, for purposes of housing scheme of land vested in municipalbody. The Gujarat Housing Board Act, 1961 14 of 27 45[ * * * ]. (2) Where the municipal body 46[ * * * ] concur s, such street, square or other land or part thereof shall vest in the Board. (3) Where there is any dispute the matter shall be referred to the State Government. The State Government shall after hearing the municipal body 46[ * * * ] concerned, decide th e matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the rights or powers of the municipal body 46[ * * * ] in or over any drain or water works in such street, square or land. 36. (1) Where any land vests in the Board under the provisions of section 35 and the Board makes a declaration th at such land shall be retained by the Board only until it revests in the municipal body 47[ * * ] as part a street or an open space under section 39, no compensation shall be payable by the Board to the municipal body 48[ * * * * ], in respect of the land. (2) Where any land vests in the Board under section 35 and no declaration is made under sub section (1) in respect of the land, the Board shall pay to the municipal body 48[ * * * * ], as compensation a sum equal to the value of such land. (3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revests in the municipal body, 48[ * * * ], the Board s hall pay to the municipal body 47[ * * ] compensation in respect of such land in accordance with the provisions of sub-section (2). 37. (1) The Board may turn, divert, discontinue the public use, of , or permanently close, any public street vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently as closes, any public street vested in it or any part thereof, it shall as far 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 pa rt 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 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 by it. 38. If there is any dispute as to whether any compensation is payable under section 36 or as to the amount of compensation payable under section 36 or section 37, as the case may be, the matter shall be referred to the Tribunal. 39. (1) 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 programme sanctione d by the State Government under section 29, and (b) that such lamps, lamp -posts and other apparatus as the municipal body 49[ * * * * ] considers necessary for the lighting of such street and as ought to be provided by the Board has been so provided, and Compensation in respect of land vested in the Board. Power of Board to turn or close public street vested in it. Reference to Tribunal in case of dispute under section 36 or 37. Vesting in municipal body 51[* * * *] of streets laid out or altered and open space provided by the Board under housing scheme. The Gujarat Housing Board Act, 1961 15 of 27 (c) that water and other sanitary conveniences have been duly provided in such street, the State Government may declare the street to be a public street and the street shall thereupon vest in municipal body 50[ * * * * ] and shall thenceforth be maintained, kept in repair, lighted and cleaned by the municipal body 51[ * * * ]. (2) When any open space for purposes of ventilation 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 of the local authority : Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay -out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the Board and the Municipal body, 49[ * * * ] in respect of any matt er referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final. 40. It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for— (a) unification, simplification and standardisation of building materials ; (b) encouraging pre-fabrication and mass production of house components; (c) organisi ng or undertaking the production of building materials required for the housing schemes ; (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction; (e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings. 41. [Board to assume management of requisitioned lands.] Deleted by Guj. 1 of 1973, s. 31. 42. A housing scheme may provide— (a) for the formation of a reconstituted plot by the alterations of the boundaries of an original plot, (b) with the consent of the owners that two or more original plots, each of 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 allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme, and (d) for the transfer of ownership of a plot from one person to another. 43. The State Government may, by general or special order published in the Official Gazette, exempt any housing scheme 52[ * * * *] from all or any of the provisions of sections 27 to 34 (both inclusive) subject to such co nditions, if any, as it may impose or may direct that any such provision shall apply to such scheme with such modification as may be specified in the order. CHAPTER IV. ACQUISITION AND DISPOSAL OF LAND. 44. (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 Other duties of the Board. Reconstitution of plots. Power to exempt schemes from provisions of sections 27 to 34. Power to purchase or lease by agreement. The Gujarat Housing Board Act, 1961 16 of 27 purposes of a housing 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. (2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the 53[ * * *] l and acquisition law and the acquisition of any land or any interest thereto for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the said law. 45. [Betterment charges]. Deleted by Guj. 1 of 1973, s. 34. 46. [Notice to persons liable for betterment charges.] Deleted by Guj. 1 of 1973, s. 34. 47. [Agreement for payment of betterment charges.] Deleted by Guj. 1 of 1973, s. 34. 48. [Recovery of betterment charges.] Deleted by Guj. 1 of 1973, s. 34. 49. 54[The Board] may retain, lease, sell, exchange or otherwise dispose of, any land, building 55[or any apartment therein] or other property vesting in it and situate in the area comprised in any housing scheme sanctioned under this Act. 50. (1) Where by the making of a housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, any person affected by such reconstitution or dispos session may apply to the Board, for compensation. The Board may after making such inquiry as it thinks fit decide whether the applicant is entitled to any compensation and if so to what extent. If the person is dissatisfied with the decision of the Board i n the matter, he may inform the Board accordingly. The Board shall thereupon 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 entitled. CHAPTER V. TRIBUNAL. 56[51. The District Judge for each district shall constitute the Tribunal for the purpose of exercising the powers and discharging the duties of the Tribunal under this Act.] 52. The Tribunal shall— (a) decide whether any compensation is payable under section 36 ; (b) decide the amount of compensation in matters referred to it under section 38 ; 57[* * * ]; (d) decide disputes relating to the reconstitution of plots referred to it under section 50 and the amount of compensation to be awarded in consequence thereof; (e) decide such other matters as may be prescribed by rules made in this behalf. 53. [Powers of President.] Deleted by Guj. 1 of 1973, s. 37. 54. (1) In making inquiries under sections 36, 38, 46 and 50, the Tribunal shall have and exercise the same powers as are vested in a Civil Court in respect of— (a) a proof of facts by affidavits, (b) summoning and enforcin g the attendance of any person and examining him on oath, (c) compelling the production of documents, and (d) issuing commissions for the examination of witnesses. Power to dispose of land. Disputes regarding reconstitution of plots. District Judge to be the Tribunal. Duties of the Tribunal. Powers of and procedure before Tribunal. The Gujarat Housing Board Act, 1961 17 of 27 (2) In all proceedings before the Tribunal, the Tribunal shall follow such procedure as may be prescribed. (3) Every order made by the Tribunal for the payment of money, 58[ * * * * * * * ] and for the delivery of the possession or removal of any structure shall be enforced by the District Court in the jurisdiction of which the land comprised in the housing scheme is situate as if it was the decree of the said Court. (4) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. 55. 59[(1)] The decision of the Tribunal on any matter referred to it under this Act shall be final and shall not be questioned in any court of law. 59[(2) The Tribunal shall endeavor to give its decision within six months from the date of the reference made to it.] CHAPTER VI. POWER TO EVICT PERSONS FROM BOARD PREMISES. 56. (1) If the competent authority is satisfied- (a) that the person authorised 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 60[six months], or (ii) sab-let, without the permission of the Board, the whole or any part of such premises, or 61[(ii-a) committed any a ct contrary to the provisions of the Gujarat Ownership Flats Act, 1973, or of any Declaration, Deed of Apartment or of the bye -laws made under that Act or of any rules or regulations made under such bye-laws or;] (iii) otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises, or (b) that any person is in unauthorised 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, shall vacate them within one month of the date of the service of the notice. (2) Before an order under sub -section (1) is made against any person the competent authority shall inform the person by no tice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the competent authority for extension of the period specified in the notice the competent authority may grant the same on such terms as to payment and recovery of the amount claimed in the notice as it deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the authority proceeding in this connection by advocate , attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub - section (1). (3) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may
Excerpt shown. Open the full act in Lexace.