LexThe Haryana Housing Board Act, 1971 (20 of 1971)
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THE HARYANA HOUSING BOARD ACT, 1971
Act No. 20 of 1971
[ Received the assent of the President of India on the 14 th may,1971 and published in Haryana Government Gazette (Extraordinary) of
May 18, 1971 for general information.]
1 2 3 4
Year No Short title Whether repealed or
otherwise affected by later
Legislation
1971 20
The Haryana Housing Board Act, 1971
AN
ACT
To provide for measures to be taken to deal with and satisfy the need of housing accommodation .
Be it enacted by the Legislature of the State of Haryana in the Twenty- second year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title, extent 1. (1) This Act may be called the Haryana Housing Board Act, and commencement 1971.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may by
notification appoint in this behalf.
Definitions 2. In this Act, unless the context otherwise require:-
(a) '' Adjoining Area'' means such area as may be specified to be an adjoining area under section
21,
(b) '' Board'' means the Housing Board Haryana, established and constituted under section 3,
(c) ''Board premises'' means any premises belonging to or vesting in the Board or taken on
lease by the Board or, entrusted to the Board under this act for management and use
for the purposes of this Act.
(d) ''Building materials'' means such commodities or articles as are specified by the State
Government by notification to be building materials for the purposes of this Act,
(e) "Bye-laws'' means bye-laws made under section 75,
(f) '' Chairman'' means the Chairman of the Board,
(ff) ''Chief Administrator'' means the Chief Administrator of the Board,
(g) '' Competent authority'' means any person authorized by the State Government, by
notification, to perform the functions of the competent authority under Chapter VI for such
area as may be specified in the notification,
1. For statements of objects and reasons, see Haryana Govt. Gazette (extra-ordinary) 1971 Pages 122-123
2. This Act was enforced from 1 st August 1971 vide notification No. 2532 -HB-7112145 dated 20 th July 1971.
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(h) '' Housing Scheme'' means a housing scheme made under this Act,
(i) 'Land'' includes benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth,
(j) 'Local authority' means a municipality constituted under the Punjab Municipal Act, 1911
(Punjab Act 3 of 1911), or a Gram Panchayat constituted under the Punjab Gram
Panchayat Act, 1952 (Punjab Act 4 of 1953), or a Panchayat samiti or a Zila Parishad
constituted under the Punjab Panchayat samitis and Zila Parishads Act, 1961 (Punjab
constituted under the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act 3 of
1961), or an improvement Trust constituted under the Punjab Town improvement Act, 1922
(Punjab Act 4 of 1922 ),
(k) '' Member'' means a member of the Board and includes the Chairman and Chief
Administrator,
(I) '' Premises'' means land, any building or part of a building and includes,-
(i) Gardens, grounds and out-houses, 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,
(m) " Prescribed'' means prescribed by rules,
(n) '' Programme'' means the annual housing programme prepared by the Board under
section 23,
(o) '' Regulations'' means regulations made under section 74,
(p) '' Rent '' means the amount payable to the Board in respect of the occupation of
the Board's premises and includes the charges for water and electricity payable in respect of
water and electricity used or consumed in the premises,
(q) ''Secretary'' means the Secretary of the Board,
(r) '' Tribunal'' means the Tribunal specified under section 46,and
(s) 'Year' means the year commencing on the 1 st day of April and ending on the 31st day of March.
CHAPTER II
ESTABLISHMENT OF THE BOARD
Establishment and 3. (1) With effect from such date as the State Government may, by notification appoint in this behalf,
there shall be establishment for carrying out the purposes of this Act a Board to be known as
''the Housing Board Haryana'' with headquarters at such place as the State Government may
specify.
(2) The Board shall, by the name aforesaid, be a body corporate having perpetual succession and
a common seal, and subject to any restriction by or under this Act or the rules made
thereunder, shall have the power to acquire, hold, administer and transfer property, movable or
immovable, and to enter into contracts, and shall by the said name sue or be sued and do all
such things as are necessary for which it is constituted.
(3) For the purposes of this Act and the Land Acquisition Act 1894 the Board shall be deemed to
be a local authority.
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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 Board shall consist of a Chairman, a Chief Administrator and such other members not
more than twelve and not less than six, as the State Government may, from time to time by
notification, appoint: '' Provided that the Chief Administrator shall be appointed from amongst
officers of the rank of Head of the Department or Joint secretary of the State Government".
(5) The Chairman, the Chief Administrator or a member 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) Until the Board is established and constituted in accordance with the provisions of the
preceding sub-sections, the State Government may constitute a Board consisting of one
person, who shall be an officer of the State Government, to be appointed by the state
Government, and a Board so constituted shall, as from the commencement of this Act and for a
period not exceeding one year from such commencement, be deemed to be the Board
established and constituted for the purpose of carrying out all the provisions of the Act.
Non-applicability 4 The East Punjab Urban Rent Restriction Act, 1949, shall not East Punjab Act apply nor shall be deemed
to have ever applied, to any land or 3 of 1949 building belonging to or vesting in the Board under or
for the purposes of this Act, and as against the Board to any tenancies or other like relationship created
by the Board in respect of such land or building but shall apply to any land or building let to the Board.
Leave of absence 5 The State Government, may, from time to time, grant to the of Chairman and Chairman and the Chief
Administrator such leave as may be Chief Administrator admissible under the rules made under this Act
and any person whom the State Government appoints to act for the Chairman or the Chief Administrator
during such absence on leave shall, while so acting, be deemed for all purposes of this Act, to be the
Chairman or the Chief Administrator, as the case may be.
Disqualifications. 6 (1) A person shall be disqualified for being appointed or for 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 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,.
(e) is a Director or a 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, or
(f) has been convicted of any offence involving moral turpitude,
(g) in the opinion of the State Government -
(i ) has become incapable of acting, or
(ii) is otherwise unfit to continue as a member.
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(2) A person shall not be disqualified under clause (d) or clause (e) of sub-section (I) or be
deemed to have any share or interest in any contract or employment within the meaning of the
said clause, by reason only of his or the incorporated company of which he is Director,
Secretary, Manager or other salaried officer, having a share or interest in any newspaper
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 clause (e ) of sub-section (i) 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.
Terms of office and 7. (1) Every member shall hold office for a period of three conditions of service. Years from the date
of his appointment: Provided that after the expiry of the period of his appointment, a person
shall be eligible for reappointment as a member.
(2) Every member shall receive such salary and allowances as may be prescribed.
(3) The salary and allowances to the members shall be paid from the fund of the Board and such
salaries and allowances and other conditions of service shall be such as may be prescribed.
Chairman, Chief Ad 7A. Notwithstanding anything contained in section 3 or Administrator and other section 7 or any
other provision of this Act, the members to hold office Chairman, Chief Administrator and other
members of during pleasure of the Board shall hold office during the pleasure of the State
Government.
Filling of vacancies 8. (1) If a vacancy occurs in the office of Chairman, Chief Administrator or other member by death,
resignation, removal, disqualification or otherwise the vacancy shall be filled by the State
Government by appointing a new Chairman, Chief Administrator or other member to that office.
(2) Chairman, Chief Administrator or any other member appointed to fill the vacancy shall,
notwithstanding anything contained in section -7, hold office for the unexpired portion of the
term of his predecessor.
Proceedings 9. No disqualification of or defect in the appointment of, any person Presumed to be acting as a
Chairman, a Chief Administrator or a member shall be good and valid deemed to vitiate any act
or proceedings of the Board if such act or proceeding is otherwise in accordance with the
provisions of this Act.
Temporary absence10. If any member of the Board other than the Chairman of members and the Chief Administrator is
by infirmity or otherwise rendered temporarily incapable of performing 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 perform his duties under this
Act, or any rule or regulation made thereunder.
Officers & servants 11. (1) The State Government may appoint a Secretary of Board the Board on such terms and
conditions of service as it may deem fit.
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(2) The Board may create such other posts and appoint such other officers and servants thereto as
it may consider necessary for the efficient discharge of its duties: Provided that the previous
sanction of the State Government shall be obtained for this purpose in respect of such
categories of posts as may be specified by it from time to time, by notification''.
(3) Subject to the provisions of sub-section (1), the conditions of service, functions and duties of
the officers and servants of the Board shall be such as may be determined by regulations.
Provident Fund. 12. (1) The State Government shall establish a Contributory Provident Fund for the officers and
servants of the Board and as such Provident Fund (hereinafter called '' the Fund'') shall,
notwithstanding anything contained in section 8 of the Provident Fund 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 subscriber to the Fund, pay into the
Fund such portion of the contribution in such manner as the State Government may, from time
to time, determine.
General disqualification- 13. No Person who has, directly or indirectly, by himself tions of officers and or his partner or agent,
any share or interest in any servants contract, by or on behalf of the Board or in any
employment under, by or on behalf of the Board, otherwise than as an officer or servant
thereof, shall become or remain an officer or servant of the Board.
Appointment of 14. Subject to any rules made under this Act. The Board Committees may, from time to time, and
for any particular local area appoint one or more committees for the purpose of discharging
such duties or performing such functions as it may delegate to them and any such committee
may discharge such duties or perform such functions with due regard to the circumstances and
requirements of that local area.
Meetings of the 15. The Board shall meet and shall from time to time Board make such bye-laws 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 in three months,
(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 members present at the meeting for the occasion,
(d) The quorum for every meeting shall be one-third of the number of members actually serving for
the time being,
(e) All questions at any meeting shall be decided by a majority of the members present and voting
and in the case of equality of votes, the person presiding shall in addition to his vote as a
member, have 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 and a copy of such minutes shall be forwarded to the State Government in the
department concerned.
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Association of 16 (1) The Board may associate with itself, any person persons with Board. Whose assistance or
advice it may deem fit for carrying into effect any of the provisions of this Act.
(2) A person associated with the Board under section
(1) for any purpose shall have the right to take part in the meetings of the Board relevant to that
purpose, but shall not have the right to vote.
(3) The State Government may, by order, depute its representatives to attend any meeting of the
Board, on such items or subjects as the State Government may specify, but such
representatives shall not have the right to vote.
Power to make 17. The Board may enter into and perform or require the contracts. Performance of all such
acts as it may consider necessary or expedient for carrying out any of the purposes of the Act.
Execution of contracts 18. (1) Every contract shall be made in the name of the board by the Chief Administrator or such other
officer of the Board as may be authorized by it, Provided that no contract involving an
expenditure of twenty lacs rupees or more shall be made without the previous sanction of the
State Government.
(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.
(3) Every contract for and on behalf of the Board shall, subject to the provisions of this section, be
entered into in such manner and form as may be prescribed.
(4) A contract not made or executed as provided in this section and the rules made thereunder
shall not be binding on the Board.
Delegation of 19. Omitted Board's powers to Sanction contracts.
CHAPTER III
HOUSING SCHEMES
Duty of Board to un-20. Subject to the provisions of this Act and subject to the undertake housing control of the State
Government, the Board may incur schemes. Expenditure and undertake works in any area for the
framing and execution of such housing schemes as it may consider necessary from time to time or as
may be entrusted to it by the State Government.
Matter to be 21. Notwithstanding anything contained in any other law for the provided for by time being in force, a housing
scheme may provide for all or housing schemes any of the following matters, namely:-
(a) acquisition by purchase, exchange or otherwise of any property necessary for or affected by the
execution of the scheme,
(b) acquisition by purchase, exchange or otherwise of any land, division of the same into plots and the sale
thereof after developing it or otherwise to co-operative societies or other persons, in accordance with the
scheme,
(c) Laying or re-laying out of any land comprised in the scheme,
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(d) distribution or re-distribution of sites belonging to owners of property comprised in the scheme,
(e) The closure or demolition of dwellings or portions of dwellings unfit for human habitation,
(f) demolition of obstructive buildings or portions of buildings,
(g) The construction and re-construction of buildings, their maintenance and preservation,
(h) Sale, letting or exchange of any property comprised in the scheme,
(i) Construction and alternation of streets and back lanes,
(j) Drainage, water- supply and lighting of the area included in the scheme,
(k) Parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the
enlargement of existing parks, playing- fields, open spaces and approaches,
(l) 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 or water- supply
(m) Accommodation for any class of inhabitants, industries, institutions, offices, local authorities, co-operative
or corporate bodies,
(n) Advance of money for the purpose of the scheme,
(o) Facilities for communication and transport,
(p) Collection of such information and statistics as may be necessary for the purpose of this Act, and
(q) any other matter for which, in the opinion of the State Government, it is expedient to make provision with
a view to provide housing accommodation and, or, to the improvement or development of any area
comprised in the scheme or any adjoining area or the general efficiency of the scheme.
Explanation- For the purposes of this section the State Government may, on the recommendation of the Board, by notification,
specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area.
No housing scheme 22(1) No housing scheme shall be made under this act for any to be made for area for which an
improvement scheme has been I included in improvement sanctioned by the State Government under
the scheme or scheme or be Punjab Town improvement Act, inconsistent with town 1922 or any other
enactment for the time being in force, nor planning scheme. Any housing scheme made under this Act
shall contain anything, which is inconsistent with any of the matter included in a town planning scheme
sanctioned by the State Government under the Haryana Municipal Act, 1973, or other enactment for the
time being in force.
(2) If any dispute arises whether a housing scheme made under this Act includes any area included in an
improvement scheme sanctioned under any enactment referred to in sub-section (1 ) or contains anything
inconsistent with any matter included in a town planning scheme sanctioned under the Haryana Municipal
Act, 1973 or any other enactment for the time being in force, the same shall be referred to the State
Government whose decision shall be final.
Preparation and 23. (1) Before the first day of December in each year, the Board submission of annual shall prepare and forward
to the State Government in such housing programme, form as may be prescribed,-
Budget and (i) a programme,
establishment (ii) a budget for the next year, and
schedule. (iii) a schedule of the staff of officers and servants already employed and to be employed during
the next year,
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(2) The programme shall contain-
(i) Such particulars of housing schemes which the Board proposes to execute whether in part or
whole during the next year as may be prescribed,
(ii) The particulars of any undertaking which the Board proposes to organize or execute during the
next year for the purpose of the production of building materials, and
(iii) 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.
Sanction to progra- 24. The state Government may sanction the programme, budget and es- budget and the schedule of the staff
of officers and servants forwarded to it with such modification as it deems fit.
Tablishment schedule 25. The State Government shall publish the programme Publication of sanctioned by it under section 24 in
the official Gazette.
Ioned programme 26. The Board may, at any time during the year, in respect of supplementary which a programme has been
sanctioned under section24, programme &budget submit a supplementary programme and budget and
the additional schedule of the staff, if any, to the State Government and the provisions of sections 24 and
25 shall apply to such supplementary programme.
Variation of 27. The Board may, at any time, vary any programme or any Programme by Board part thereof sanctioned by
the State Government, After it has been Provided that on such variation shall be made if it involves
sanctioned. an expenditure in excess of ten percent of the amount as originally sanctioned for
the execution of any housing scheme included in such programme or affects its scope or purpose.
Sanctioned housing 28 After the programme has been sanctioned and published scheme to be by the State Government under
section 24 and 25, the executed. Board, shall subject to the provisions of section27, proceed to execute
the housing schemes included in the programme.
Publication of29 (1) Before proceeding to execute any housing scheme under housing scheme in section 28, the Board shall
by notification publish the scheme. The Official Gazette. The notification shall specify that the plan
showing the area, which is proposed to be included in the housing scheme and the surrounding lands
shall be open to inspection of the public at all reasonable hours at the office of the Board.
(2) If within two weeks from the date of the publication of the housing scheme, any person communicates in
writing to the Board any suggestion, or objection relating to the scheme, the Board shall consider such
suggestion or objection and may modify the scheme as it thinks fit.
(3) The Board shall then by notification publish the final scheme. The notification shall specify that the plan
showing the area included in the final scheme and the surrounding lands and other particulars as may be
prescribed shall be open to inspection of the public at all reasonable hours at the office of the Board.
(4) The publication of a notification under sub-section (3) shall be conclusive evidence that the said scheme
has been duly framed.
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Transfer to Board 30 (1) Whenever any street, square or other land, or any part For purposes of thereof, situated in any area of a
local authority and vested housing scheme of in the local authority, is required for the purpose of any land
land vested in a local housing scheme sanctioned by the State Government, the authority
Board shall give notice accordingly to the local authority.
(2) Where the local authority 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 Government. The State Government
shall, after hearing the parties, 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 local authority in or over any drain or water
works in such street, square or land.
Compensation in 31. (1) Where any land vests in the Board under the provisions of respect of land section 30 and the Board
makes a declaration that such vested in Board land shall be retained by the Board only until it re-vests in
the local authority as part of a street or an open space under section 34, no compensation shall be
payable by the Board to the local authority in respect of that land.
(2) Where any land vests in the Board under section 30 and no declaration is made under sub-section (1) in
respect of the land, the Board shall pay to the local authority 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 re-
vest in the local authority, the Board shall pay to the local authority compensation in respect of such land
in accordance with the provisions of sub-section(2).
Power of Board to 32 (1) The Board may turn, divert, discontinue the public use of, turn or close public or permanently close, any
public street vested in it or any street vested in it, part thereof.
(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 or 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 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.
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Reference to Govern-33. If there is any dispute as to whether any compensation is meant in case of dis-payable under section 31
or section 32 or as to the amount dispute under section31 of compensation payable under section 31 or
section 32, as &32 the case may be, the matter shall be, referred to the Tribunal.
Vesting in the local 34.(1) Whenever the State Government is satisfied- Authority of streets
(a) that any street laid out or altered by the Board has laid out or altered and been duly leveled ,
paved, metalled, flagged, open spaces open provided channeled, sewered and drained in the
manner, By Board under provided in the programme sanctioned by the State housing scheme.
Government under section 24 or varied under section 27 or modified under section29,
(b) That such lamps, lamp- posts and other apparatus as the local authority considers necessary
for the lighting of such street and as ought to be provided by the Board have been so provided,
and
(c) That water and other sanitary conveniences have been duly provided in such street, the State
Government may 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.
(2) When any open space for the purpose 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.
(3) If any difference of opinion arises between the Board and the local authority in respect of any matter
referred to in the forgoing provisions of this section the matter shall be referred to the State Government
whose decision shall be final.
Other duties of 35. It shall be the duty of the Board to take measures with a Board 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) Organising 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.
Board to assume 36. The Board shall, if the State Government so directs, and management of subject to the general control of
the State Government, requisitioned assume management of all or any of the lands requisitioned lands.
by or under authority of the state Government.
Reconstitution of 37. A housing scheme may provide,-
Plots. (a) For the formation of a reconstituted plot by the alteration 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,
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(c ) for the allotment of a plot of any owner dispossessed of land in furtherance of the housing
scheme, and
(d) for the transfer of ownership of plot from one person to another Schemes entrusted 38. The
provisions of section 21 and sections23 to 29 (both To Board by State inclusive) shall not be
applicable to any housing scheme Government entrusted to the Board by the State
Government except to such extent and subject to such modifications as may be specified in any
general or special order made by the State Government and every such order shall be
published in the Official Gazette.
CHAPTER IV
ACQUISITON AND DISPOSAL OF LAND
Power to purchase,39 (1) The Board may enter into an agreement with any person or lease or acquire land the State Government
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, " Provided that the previous approval
of the State Government shall be obtained in case of purchase or exchange involving land worth more
than fifty lakhs rupees or lease for more than five years : Provided further that in case the land is
purchased from or exchanged with the Haryana Urban Development Authority, no approval of the State
Government shall be necessary ''
(2) The Board may, from such date as the state Government may appoint by notification in this behalf, 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 Act, 1894 as modified by this Act, and
the acquisition for a public purpose, within the purpose of this Act shall be deemed to be acquisition for a
public purpose, within the meaning of the Land Acquisition Act, 1894. Betterment charges.40.(1) When by
the making of a housing scheme the value of any land in the area comprised in the scheme will, in the
opinion of the Board, be increased, the Board in framing the scheme may declare that betterment
charges shall be payable by the owner of the land or any person having an interest therein in respect of
the increase in value of the l and from the execution of the scheme.
(2) Such increase in value shall be the amount by which the value of the land on the completion of
the execution of the scheme estimated as if the land were clear of the buildings exceeds the
value of the land prior to the execution of the scheme estimated in like manner and the
betterment charges shall be one-half of such increase in value.
(3) Such betterment charges shall also be leviable in respect of any land not comprised in the
scheme but adjacent to the area comprised in the scheme.
(4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for
agricultural purposes at the time of the execution of the schemes the betterment charges shall
be leviable by the Board in accordance with such procedure as may be prescribed, only after
such land is used, or converted for use for non-agricultural purposes.
Notice to person41. (1) The Board shall give notice in the prescribed form to any liable for betterment person, who is
the owner of or has interest in the land in charges. Respect of which the betterment charges
are to be levied and shall give such person an opportunity to be heard.
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(2) After hearing such person or if such person fails to appear after the expiry of the period within
which such person is required to appear before the Board, the Board shall proceed to assess
the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Board is accepted by the person
concerned within the period prescribed, the assessment shall be final.
(4) If the person concerned does not accept the assessment proposed by the Board, the matter
shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an enquiry and after hearing the person concerned, assess the
amount of the betterment charges payable by the person.
Agreement for 42 (1) Any person liable to pay betterment charges in respect of payment of better-any land may, at
his option instead of paying the same to ment charges the Board, execute an agreement with
the Board to leave the payment outstanding as a charge on his interest in the land, subject to
the payment in perpetuity of interest at such rate as may be prescribed.
(2) Every payment due form any person in respect of betterment charges and every charge
referred to is sub-section (1) shall, notwithstanding anything contained in any other enactment
and notwithstanding the execution of any mortgage or charge, created either before or after the
commencement of this Act, be the first charge upon the interest of such person in such land.
Recovery of better- 43. All sums payable in respect of any land by any person in ment charges respect of betterment charges
under section 40 or by any person under an agreement under section 42 shall be recoverable on behalf
of the Board as arrears of land revenue.
Power to dispose of 44. Subject to any rules made by the State Government under land this Act, the Board may retain, lease,
sell, exchange or otherwise dispose of any land, building or other property vested in it and situated in the
area comprised in any housing scheme sanctioned under this Act.
Disputes regarding 45. (1) Where by the making of a housing scheme, any plots re-constitution of comprised in the area
included in the scheme are plots reconstituted or any person is dispossessed, the Board shall
after making such inquiry as it thinks fit award to the person affected by such re-constitution or
dispossession such compensation as it deems reasonable. 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.
(2) The Tribunal shall then after making an inquiry determine the amount of compensation and
direct the Board to pay the same to the person concerned.
CHAPTER V
TRIBUNAL
Tribunal 46. The Tribunal shall be the District Judge having jurisdiction in the area concerned.
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Duties of 47. The Tribunal shall-
Tribunal (a) Decide whether any compensation is payable under section.31,
(b) Decide the amount of compensation in matters referred to it under section33,
(c) Decide disputes relating to betterment charges referred to it under section 41,
(d) Decide disputes and the amount of compensation to be awarded under section 45, and
(e) Decide such other matters as may be prescribed by the rules made in this behalf.
Powers of and 48 (1) In making enquiries the Tribunal shall have and exercise, as far as procedure before may be,
the same powers and follow the same procedure as under the Tribunal code of civil Procedure,
1908.
(2) Every order made by the Tribunal for the payment of money and for the delivery of the
possession or removal of any structure shall be enforced by the District Court as if it were the
decree of the said Court.
(3) 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.
Decision of 49. The decision of the Tribunal on any matter referred to it under this Tribunal Act shall, subject to the
provision of section 50, be final.
To be final.
Appeal to the 50. The Board or any Person aggrieved by the decision of the Tribunal High Court. may within three months
form the date of the decision, or such further time as the High court may for sufficient cause allow,
appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit.
CHAPTER VI
POWER TO EVICT PERSONS FROM BOARD PREMISES
Power to evict 51. (1) If the competent authority is satisfied,-
Presons from (a ) That the person authorized to occupy any Board premises has-
Board premises.
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two
months, or
(ii) Sublet, 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, expressed or implied, under which he
is authorized to occupy such premises, or
(b) That any person is in unauthorized occupation of any
Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in
force, by notice served by post or by affixing a copy of it on the other door or some other conspicuous part of such
premises, or in such other manner as may be prescribed, order that person as well as any other person who may
be in occupation of the whole or any part of the premises, shall vacate them within one month from the date of the
service of the notice: Provided that no such order shall be passed unless the person has been afforded an
opportunity to show cause why such order should not be made.
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(2) If any person refuses or fails to comply with an order made under sub-section (1), the
competent authority may evict that person from, and take possession of the premises and may
for that purpose use such force as may be necessary.
(3) If a person, who has been ordered to vacate any premises under sub clause (I ) or sub-clause
(iii) of clasue (a) of sub-section (1), within thirty days of the date of service of the notice or such
longer time as the competent authority may allow, pays to the Board the rent in arrears or
carries out or otherwise complies with the terms contravened by him to the satisfaction of the
competent authority, as the case may be , the competent authority shall, in lieu of evicting such
person under sub-section (2), 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.
Power to recover 52. (1) Subject to any rules made by the State Government rent, loan or in this behalf and without
prejudice to the provisions damages as arrears of section 51, where any person is in arrears of
rent of land revenue payable in respect of any Board premises, or arrears of installments
payable in respect of any loan advanced by the Board for construction, reconstruction or repair
or a house, the competent authority, may by notice served by post or by affixing a copy of it on
the outer door or some other conspicuous part of such premises, or in such other manner as
may be prescribed, order that person to pay the same within such time not being less than
thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of
rent or the arrears of installments of loan within the time specified in the notice, such arrears
may be recovered as arrears of land revenue.
(2) Where any person is in unauthorized occupation of any Board premises, the competent
authority may, in the prescribed manner, assess such damages on account of the use and
occupation of the premises as it may deem fit and may by notice served by post, or by affixing
a copy of it on the outer door or some other conspicuous part of such premises or in such other
manner as may be prescribed, order that person to pay the damages within such time not being
less than thirty days as may be specified 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.
Rent to be recovered 53. (1) Without prejudice to the provisions of section51 any by deduction from person, who is an
employee of the State Salary or wages in Government or a local authority and who has been
certain cases allotted any Board premises, may execute an agreement in favour of the State
Government providing that the State Government or the, local authority as the case may be,
under or by whom he is employed, shall be competent to deduct from the salary or wages
payable to him such amount as may be specified in the agreement and to pay the amount so
deducted to the Board in satisfaction of thExcerpt shown. Open the full act in Lexace.