The Gujarat Rural Housing Board Act, 1972.

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Gujarat Act No. 22 of 1972

The Gujarat Rural Housing Board
Act, 1972

[As modified upto the 31st August, 2007]

THE GUJARAT RURAL HOUSING BOARD ACT, 1972.
(Guj. Act No. 22 of 1972.)

CONTENTS.

PREAMBLE.

SECTIONS.

CHAPTER I.
PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

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.

9. Removal of member from office.

10. Cessation of membership.

11. Vacancies.

12. Proceedings presumed to be good and valid.

13. Temporary absence of members.

14. Appointment of officers and servants.

15. Conditions of Service of Officers and servants,

16. Provident Fund.

17. General disqualification of all officers and servants.

18. Appointment of Committees.

CONDUCT OF BUSINESS.

19. Meetings of Board.

20. Procedure of Committees.
SECTIONS.

CONTRACTS.
21. Power to make contracts.

22. Execution of contracts.

23. Delegation of Board's power to sanction contracts.

24. Further provisions as to execution of contracts.

CHAPTER III.
HOUSING SCHEMES.

25. Duty of Board to undertake housing schemes.

26. Inclusion of area other than rural area in scheme.

27. Matters to be provided for by housing schemes.

28. No hou sing scheme to be made for area included in improvement scheme or be
inconsistent with town planning scheme.

29. Preparation and submission of annual housing programme and budget.

30. Sanction to programme and budget.

31. Supplementary programme and budget.

32. Variation of programme by Board after it is sanctioned.

33. Sanctioned housing scheme to be executed.

34. Transfer for purposes of housing scheme of land vested in panchayat.

35. Compensation in respect of land vested in the Board.

36. Power of Board to turn or close public street vested in it.

37. Reference to the Tribunal in the matter of disputes under section 35 or 36.

38. Vesting in panchayat streets laid out or altered and open space provided by the Board
under housing scheme.

39. Other duties of the Board.

40. Reconstitution of plots.

41. Power to exempt schemes from provisions of sections 29 to 33.

CHAPTER IV.
ACQUISITION AND DISPOSAL OF LAND.

42. Powers to purchase or lease by agreement.

43. Power to dispose of land.
SECTIONS.

44. Disputes regarding reconstitution of plots.

CHAPTER V.
TRIBUNAL.

45. District Judge to be the Tribunal.

46. Duties of the Tribunal.

47. Power of and procedure before Tribunal.

48. Decision of Tribunal to be final.

CHAPTER VI.
POWER TO EVICTS PERSONS FROM BOARD PREMISES.

49. Power to evict certain persons from Board premises.

50. Power to recover rent or damages as arrears of land revenue.

51. Rent to be recovered from deductions from salary or wages in certain cases.

52. Appeal.

53. Bar of jurisdiction of Civil Courts.

CHAPTER VII.
FINANCE, ACCOUNTS AND AUDIT.

54. Board's fund.

55. Application of the fund.

56. Revolving Fund.

57. Expenditure in case of urgency.

58. Subventions and loans to the Board.

59. Power of Board to borrow.

60. Accounts and audit.

61. Concurrent and special audit of accounts.

CHAPTER VIII.
MISCELLANEOUS.

62. Reports.

63. Other statements and returns.

64. Powers of entry.

SECTIONS.

65. Notice of suit against Board.

66. Quinquennial valuation of assets and liabilities of the Board.

67. Power of Board to construct bulidings intended for public purpose on behalf of
Government, Local Authority or Corporation owned or controlled by Government.

68. Power to make rules.

69. Regulations.

70. Power to make bye-laws.

71. Penalty for contravention of bye-laws.

72. Penalty for obstructing, etc.

73. Penalty for obstructing exercise of powers under Chapter VI.

74. Authority for prosecution.

75. Members, officers and servants of the Board to be public servants.

76. Protection of action taken under this Act.

77. Government's power to give, directions to Board.

78. Default in performance of duty.

79. Dissolution of the Board.

80. Restriction on operation of Gujarat Housing Board.

GUJARAT ACT NO. 22 OF 1972. 1 

[THE GUJARAT RURAL HOUSING BOARD ACT, 1972.]
[10th November, 1972.]

Amended by Guj. 18 of 1977.
Amended by Guj. 9 of 1985.
Amended by Guj. 1 of 1999.

An Act to provide for the establishment of a Gujarat Rural Housing Board in
the State of Gujarat.

It is hereby enacted in the Twenty-third Year of the Republic of India as follows : —

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Gujarat Rural Housing Board Act, 1972.

(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 the context otherwise requires,—

(1) "adjoining area" means such area as may be specified to be an adjoin ing area under
section 27;

(2) "agricultural labourer" means an agricultural labourer as defined in the Bombay
Tenancy and Agricultural Lands Act, 1948;

(3) "Board" means the Gujarat Rural 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 Board 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 Govern ment by notification in
the Official Gazette;

(6) "bye-laws" means bye-laws made under section 70;

(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 are a as may be specified in the notification and shall be a
person who is holding or has held an office which is not lower in rank than that of a
Deputy Collector or the Rural Assistant Housing Commissioner under the Board;

(9) "housing scheme" means a housing scheme made under this Act;

(10) "land" includes benefits 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
Short title, extent
and
commencement.
Definitions.
Bom. LXVII of
1948.
attached to the earth;

(11) "land acquisition law" means the Land Acquisition Act, 1894 as in force in the State
of Gujarat;

(12) "member" means a member of the Board;

(13) "panchayat" means a gram panchayat, nagar panchayat, taluka pan - chayat or, as the
case may be, a district panchayat as constituted under the Gujarat Panchayats Act, 1961;

(14) "premises" means any land or building or part of a building and includes —

(i) gardens, grounds and outhouses, if any, appertaining to such build ing or part
of a building; and

(ii) any fittings 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 29;

(17) "regulation" means regulation made under section 69;

(18) "Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act,
1947 as in force in the State of Gujarat;

(19) "rules" means rules made under section 68;

(20) "rural area" means an area which for the time being is not within the limits of a city,
municipal borough, cantonment or notified area constituted under any law for the time
being in force;

(21) "Scheduled Castes" means such castes, races or tribes or parts of or groups within,
such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State
of Gujarat under article 341 of the Constitution of India;

(22) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups
within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation
to the State of Gujarat under article 342 of the Constitution of India;

(23) "Secretary" means the Secretary of the Board;

(24) "Tribunal" means the Tribunal constituted under section 45;

(25) "year" means the year commencing on the 1st day of April and end ing on the 31st
day of March.

CHAPTER II.
ESTABLISHMENT OF THE BOARD.

3. (1) With effect from such date as the State Government may, by notifi -cation in the
official Gazette appoint in this behalf there shall be establish for the rural areas of the
State a Board by the name of the Gujarat Rural Housing Board.

I of 1894.
Guj. VI of 1962.
Bom. LVII of 1947.
Incorporation.
(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 land acquisitio n 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 Rent Act—

(a) notwithstanding anything contained therein shall not apply—

(i) to any land or building be longing 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 ten other members appointed by the
State Government :

Provided that out of such ten other members, five members shall be persons
belonging to Scheduled Castes, Scheduled Tribes or socially, economically and
educationally 2[backward classes, two members shall be persons who possess technical
knowledge and experience in the matter of construction of buildings, one member shall
be an officer of the Government and one member s hall be the Rural Housing
Commissioner.

(2) Any member of the Board may at any time resign his office by submit ting 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 as the
Chairman during such absence on leave shall while so actin g, 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 ;3 * * *

(b) is of unsound mind,

(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
Non-Applicability
of Rent Act.
Constitution of the
Board.
Grant of leave of
absence to
Chariman.
Disqualification for
appointment on
Board.

(e) is a director, secretary, manager or other salaried officer of any incor porated
company which has any share or interest in any contract or employment with, by
or on behalf of the Board.

4[(1A) 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 dee med to have any share or interest in any contract of 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) o r (e) of subsection (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 only
of his being a shareholder of such company:

Provided that such person discloses to the State Government the nature and
extent of the shares held by him.

8. 5[(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 o ffice in an honorary 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.

9. 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 performing his duties under this Act, the State
Government may remove him from office after giving him an opportunity of being heard.

10. (1) If a member—

(a) becomes subject to any of the disqualifications mentioned in section 7,

(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 th e Board from all the meetings of the
Board for a period of two successive mouths,

he shall cease to be a member.

(2) In every case where a 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.

Term of office and
conditions of
service of members.
Removal of
member from
office.
Cessation of
membership.
11. 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.

12. No disqualification of or defect in the appointment of any person acting as a Chairman or a
member of the Board shall be dee med to vitiate any act or proceeding of the Board, if such act or
proceeding is otherwise in accordance with the provisions of this Act.

13. If any member of the Board other than the Chairman is by infirmity or otherwise rend ered
temporarily incapable of carrying out his duties or is absent on leave or on any other ground not
resulting in the cessation of his member ship, the State Government may appoint another person to
officiate for him and carry out his functions under thi s Act or any rule or regulation made
thereunder.

14. The Board may appoint a Secretary, one or more Rural Assistant Housing Commissioners and
a Rural Housing Commissioner and such other officers and servants as it con siders necessary for
the efficient performance of its functions:

Provided that the appointment of a Rural Housing Commissioner and of any other officer
whose salary exceeds rupees one thousand and four hundred per mensem shall be subject to the
previous approval of the State Government.

15. The remuneration and other conditions of service of the Secretary, Rural Housing
Commissioner and other officers and servants of the Board shall be such as may be determi ned by
regulations.

16. (1) The State Government shall establish a provident fund for the Secretary, Rural
Housing Commissioner and other officers and servants of the Board, and such provident
fund (hereinafter called the said fund) shall, notwith standing 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 t he 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.

(3) It shall be lawful for the Board to utilize 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
utilized 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.

17. No person who has directly or indirectly by himself or his partner or general agent any share or
interest in any contract, by or on behalf of the Board, or the Gujarat Housing Board constituted
under section 3 of the Gujarat Housing Board Act, 1961, or in any employment under, by or on
behalf of any of the said two Boards otherwise than as an officer or servant thereof, shall becom e
or remain an officer or servant of the Board.

18. (1) The State Government may appoint a Rural Housing Advisory Committee. The
functions of such Rural Housing Advisory Committee shall be advisory and such as may
be determined by the State Government.

(2) Subject to any rules made under section 68, the Board may from time to time appoint
one or more other Committees for the purpose of secuting the efficient discharge of its
Vacancies.
Proceedings
presumed to be
good and valid.
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. XXV III of
1961.
Appointment of
Committees.
functions and in particular for the purpose of securi ng that the said functions are
exercised with due regard to the circumstances and requirements of particular local areas.

(3) The members of a Committee appointed under this section shall receive such
allowances as may be prescribed.

CONDUCT OF BUSINESS.

19. The Board shall meet and shall from time to time make such arrange ments with respect to the
day, time, notice, management and adjournment of its meetings as it thinks fit, subject to the
following provisions, namely : —

(a) the f irst meeting of the Board shall be called by the Chairman as soon as possible
after its constitution under section 5;

(b) an ordinary meeting shall be held once at least [in every three months];

(d) 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;

(e) 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

(f) the minutes of the proceedings of each meeting shall be recorded in a book to be
provided for the purpose.

20. (1) The Rural Housin g 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 18 shall meet to
discharge the functions assigned to it in such manner as may be directed by the Board.

CONTRACTS.

21. 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.

22. (1) Every contract shall be made on behalf of the Board by the Chairman :

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 con tract or
estimate as well as to an original contract or estimate.

23. 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 22 to sanction a contract shall be
exercised by the Rural Housing Commissioner or any other officer specified by it in the order.

24. (1) Every contract by the Chairman on behalf of the Board shall, subject to the provision
of this section, be entered into in such manner and form as may be prescribed.
Meetings of Board.
Procedure of
Committees.
Power to make
contracts.
Execution of
contracts.
Delegation of
Board's power to
Eanction contracts.
Further provisions
as to execution of
the contracts.

(2) A contract not executed as provided in this section and the rules made thereun der
shall not be binding on the Board.

CHAPTER III.
HOUSING SCHEMES.

25. Subject to the provisions of this Act and subject to the control of the State Government the
Board may incur expenditure and undertake works in such rural area as the State Government may
by notification in the Official Gazette specify for the framing and execution of such housing
schemes, includ ing the housing schemes administered by the Social Welfare department of the
State Government a t the commencement of this Act, as it may consider neces sary from time to
time or as may be entrusted to it by the State Government.

26. If the Board while framing a housing scheme in respect of a rural 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 rural area but which is not a rural area, then, notwithstanding
anything contained in section 25 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 a rural area for the purposes of the scheme.

27. (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 : —

(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;

(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 buildings;

(g) the sale, letting or exchange of any property comprised in the scheme;

(h) the construction and alteration of roads, streets, backlanes, bridges, culverts
and cause-ways;

(i) drainage, water supply and lighting of the area included in the scheme;

(j) shops, schools, 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) sanitary arrangements required for the area comprised in the scheme,
including the conservation and prevention of any injury or contamination to
rivers or other sources and means of water supply;

(l) accommodation for members of Scheduled Cases, Scheduled Tribes, any
Duty of Board to
undertake housing
schemes.
Inclusion of area
other than Rural
area in scheme.
Matters to be
provided for by
housing schemes.
socially and educa tionally backward classes of people, agricultural labourers,
economically weaker sections of the people and any other 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 information 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 to provide housing accommo dation in
rural areas and to 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.

(3) The Board may execute any of the matters provided in a housing scheme through any
independent agency.

28. (1) No housing scheme shall be made under this Act for any area for which an
improvement scheme has been sanctioned by the State Go vernment under any enactment
for the time being in force for the constitution of a muni cipal 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 i ncluded in a town planning scheme
sanctioned by the State Govern ment under the Bombay Town Planning Act, 1954 or any
corresponding law in force in any part of the State.

(2) If any dispute arises whether a housing scheme made under th is Act includes 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 Plann ing Act, 1954 or any cor responding law in
force in any part of the State, the decision of the State Government shall be final. Such
decision shall be taken within a period of three months.

29. (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.

(2) The programme shall contain—

(a) such 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 purpose of the production of buildi ng
materials; and

(3) The budget shall contain a statement showing the estimated receipts and expenditure
No housing scheme
to be made for area
included
inimprovement
scheme or be
inconsistent with
town planning
scheme.
Bom. XXVII of
1955.
Bom. XXVII of
1955.
Preparation and
submission of
annual housing
programme and
budget.
on capital and revenue accounts for the next year.

30. The State Government may sanction the programme and the budget for warded 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.

31. The Board may, at any time, during the year, in respect of which a programme has been
sanctioned under section 30 submit a supplementary programme and budget to the State
Government and the provisions of section 30 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 :

Provided that no such variation as affects the scope or purpose 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 by the State Gover nment under section 30, the
Board shall, subject to the provisions of section 32 proceed to execute the housing schemes
included in the programme.

34. (1) Whenever any street, square or other land or part thereof which is situated in any area
within the jurisdiction of a panchayat and is vested in that panchayat is within the area
included in the programme sanctioned by the State Government and is required for the
purposes of such housin g scheme, the Board shall give notice accordingly to that
panchayat.

(2) Where the panchayat concurs, 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 Gove rnment. The
State Government shall, after hearing the panchayat con cerned, decide the 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 panchayat in or over
any drain or water-works in such street, square or land.

35. (1) Where any land vests in the Board unde r the provisions of section 34 and the Board
makes a declaration that such land shall be retained by the Board only until it revests in
the panchayat as part of a street or an open space under section 38 no compensation shall
be payable by the Board to the panchayat in respect of the land.

(2) Where any land vests in the Board under section 34 and no declaration is made under
sub-section (1) in respect of the land the Board shall pay to the panchayat 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 con trary to the terms of the
declaration so that the land does not revest in the panchayat, the Board shall pay to the
panchayat compensation in respect of such land in accordance with the provisions of sub -
section (2).

36. (1) The Board may turn, divert, discontinue the public use, or per manently cl ose, any
public street vested in it or any part thereof.
Sanction to
programme and
budget.
Supplementtary
programme and
budget.
Variation of
programme by
Board after it is
sanctioned.
Sanctioned housing
scheme to be
executed.
Transfer for
purposes of housing
scheme of land
vested in panchayat.
Compensation in
respect of land
vesed in the Board.
Power of Board to
turn or close public
street vested in it.

(2) Whenever the Board discontinues the public use of, or permanently closes any public
street vested in it or any part thereof, it shall as far as practicable, provide some other
reasonable means o f access to be substituted in lieu of the use, by those entitled, of the
street or part thereof and pay reasonable compen sation 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 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.

37. If there is any dispute as to whether any compensation is payable under section 35 or as to th e
amount of compensation payable under section 35 or section 36, as the case may be, the matter
shall be referred to the Tribunal.

38. (1) Whenever the State Government is satisfied—

(a) that any street laid out or altered by the Board has been duly levelled, payed,
metalled, flagged, channelled, sewered and drained in the manner pro vided in
the programme sanctioned by the State Government under section 30, and

(b) that such lamps, lamp -posts and other apparatus as the panchayat considers
necessary for the lighting of such street and as ought to be provided by the
Board has been so provided, and

the Government may declare the street to be a public street, and the street shall thereupon
vest in panchayat and shall thenceforth be maintained, kept in repair, lighted and cleaned
by the panchayat.

(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
panchayat concerned by resolution of the Board, and shall thereupon vest in and be
maintained at the expense of the panchayat :

Provided that the panchayat may require the Board before any such open space
is so transferred to enclose, level, turf, drain and lay out such space and provided
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 panchayat in respect of
any matter referred to in the foregoing provision of this section, the matter shall be
referred to the State Government whose decision shall be final.

39. It shall be the duty of the Board to take measure 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;

Reference to the
Tribunal in the matter
of disputes under
section 35 or 36.
Vesting in
panchayat treets
laid out or altered
and open space
provided by the
Board under
housing scheme.
Other duties of the
Board.
(b) encouraging pre-fabrication and mass production of house components:

(d) encouraging research for discovering che ap 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.

40. A housing scheme may provide—

(a) for the form ation 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 severally or in joint ownership shall, with or without alterat ion of
boundaries be held in ownership in common as a reconstituted plot;

(d) for the transfer of ownership of a plot from one person to another.

41. The State Government may, by general or special order published in the Official Gazette,
exempt any housing scheme from all or any of the provi sions of sections 29 to 33 (both inclusive)
subject to such conditions, if any, as it may impose or may direct that any such provision shall
apply to such scheme with such modifications as may be specified in the order.

CHAPTER IV.
ACQUISITION AND DISPOSAL OF LAND.

42. (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 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 land 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.

43. Subject to any rules made by the State Government under this Act, the Board may retain,
lease, sell, exchange or otherwise dispose of, any land , building or other property vesting in it and
situate in the area comprised in any housing scheme sanctioned under this Act.

44. (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 dis possessed, any person affected by
such reconstitution or dispossession 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 in the matter he may inform the Board accordingly. The Board shall
thereupon refer the matter to the Tribunal.

Reconstitution of
plots.
Power to exempt
schemes from
provions of sections
29 to 33.
Powers to purchase
or lease by
agreement.
Power to dispose of
land.
Disputes regarding
reconstitution of
plots.
(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.

45. 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.

46. The Tribunal shall—

(a) decide whether any compensation is payable under section 35;

(b) decide the amount of compensation in matters referred to it under section 37;

(c) decide disputes relating to the reconstitution of plots referred to it under section 44
and the amount of compensation to be awarded in consequence thereof;

(d) decide such other matters as may be prescribed by rules made in this behalf.

47. (1) In making inquiries under sections 35, 37 and 44, the Tribunal shall have and exercise
the same powers as are vested in a Civil Court in respect of—

(a) proof of facts by affidavits,

(b) summoning and enforcing the attendance of any person and examin ing him
on oath,

(d) issuing commissions for the examination of witnesses.

(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 and for the deliv ery 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 situated as if it was the
decree of the said court.

(4) The proceedings before the Tribunal shall be deemed to be judicial pro ceedings
within the meaning of sections 193 and 228 of the Indian Penal Code.

48. (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.

(2) The Tribunal shall endeavour 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.

49. (1) If the competent authority is satisfied—

(a) that the person authorised to occupy any Board premises has—

District Judge to be
the Tribunal.
Duties of the
Tribunal.
Power of and
procedure before
Tribunal.
XLV of 1860.
Decision of
Tribunal to be final.
Power to evict
certain persons
from Board Pre-
mises.
(i) not paid rent lawfully due from him in respect of such premises for a
period of more than six months, or

(ii) subject, 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 authorised to occupy such premises, or

(b) that any person is in unauthori sed 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 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 notice in writing of the grounds on which the
proposed order is to be made and give him a reasonable oppor tunity of tendering a n
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 n otice
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 wit h the
records 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 evict that person from and take possession of, the premises and
may for that purpose use such force as may be necessary.

(4) If a person, who has been ordered to vacate any premises on the grounds mentioned in
sub-clause (i) or (iii) of clause (a) of sub -section (1) within one month 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 (3), cancel its
order made under sub -section (1) and thereupon such person shall hold the premises on
the same terms on which he held them immediately before such notice was served on
him.

Explanation.—For the purposes of this section and section 54 the expressi on
"unauthorised occupation" in relation to any person authorised to occupy any Board
premises, includes the continuance in occupation by him or by any person claiming
through or under him of the premises after the authority under which he was allowed to
occupy the premises has been duly determined.

50. (1) Subject to any rules made by the State Government in this behalf without prejudice to
the provisions of section 49 where any person is in arr ears of rent payable in respect of
any Board premises, the competent authority may, by notice served, (i) by post, or (ii) by
affixing a copy for it on the outer door or some other conspicuous part of such premises,
or (iii) in such other manner as may be prescribed, order such person to pay the same
within such time not being less than ten days as may be specified in the notice. If such
Power to recover
rent or damages as
arrears of land
revenue.
person refuses or fails to pay the arrears of rent within the time specified in the notice
such arrears may be recovered as arrears of land revenue.

(2) Where any person is in unauthorised occupation of any Board, premises the
competent authority may, in the prescribed manner assess such damages, on account of
the use and occupation of the premises as it may deem fit, and m ay 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 to
pay the damages within such time as may be specifi ed in the notice. If any person refuses
or fails to pay the damages within the time specified in the notice, the damages may be
recovered from him as arrears of land revenue.

(3) No order shall be made under sub -sectio

Excerpt shown. Open the full act in Lexace.

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