LexThe Himachal Pradesh Housing and Urban Development Authority Act, 2004
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH HOUSING AND URBAN
DEVELOPMENT AUTHORITY ACT, 2004
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title extent and commencement.
2. Definitions.
CHAPTER-II
ESTABLISHMENT AND CONSTITUTION OF THE
AUTHORITY
3. Establishment of the Authority.
4. Constitution of the Authority.
5. Term of office of the Chairman, the Vice-Chairman and the
non-official members.
6. Disqualifications.
7. Remuneration and allowances to the Chairman, the Vice-
Chairman and the non official members.
8. Acting Chairman.
9. Vacancy of a non-official member.
10. Filling up of vacancy.
11. Appointment of officers, officials and creation of posts.
12. Appointment of committee.
13. Meeting of the Authority.
14. Temporary association of person with the Authority for
particular purpose.
15. Power to make contracts.
16. Execution of contract.
CHAPTER-III
FARMING AND FINALISING OF SCHEMES FOR
EXECUTION
17. Powers and duties of the Authority to undertake housing and
development schemes.
18. Matters to be provided for in a development scheme.
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AUTHORITY ACT, 2004
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19. Provision for economically weaker section.
20. Publication of development scheme.
21. Transfer of management to the Authority, for the purposes of
housing and development schemes vested in a Local
Authority.
22. Power of Authority to turn or close public path or street.
23. Vesting in Local Authority of streets laid out or altered and
open space provided by the Authority under housing and
Development schemes.
24. Other duties of the Authority.
CHAPTER-IV
FINANCE, ACCOUNT AND AUDIT
25. Fund of the Authority.
26. Application of the fund.
27. Power of the Authority to borrow.
28. Accounts and audit.
29. Special audit of accounts.
30. Annual report and budget.
31. Provident fund.
CHAPTER-V
ACQUISITION AND DISPOSAL OF LAND BY THE
AUTHORITY
32. Acquisition of land.
33. Disposal of land.
34. Recovery of arrears as land revenue.
CHAPTER-VI
IMPLEM ENTATION OF SCHEMES
35. Implementation of the schemes by the promoter.
36. Power to grant licence to the Promoter.
37. Registration of the Promoter.
38. Application for grant of licence.
39. Allotment of building or plot by the Promoter.
40. Maintenance charges of amenities.
41. Reference to Arbitrator in case of dispute.
THE HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT 3
AUTHORITY ACT, 2004
CHAPTER-VII
RELATIONS BETWEEN THE STATE
GOVERNMENT, THE AUTHOERITY AND THE
LOCAL AUTHORITIES
42. Powers of Authority to require Local Authority to assume
responsibility for maintenance of amenities.
43. Power to give directions.
44. Revisional powers.
CHAPTER-VIII
LEVY OF DEVELOPMENT FEE AND PENALITY FOR
NON-CONSTRUCTION OF BUILDING OF PLOTS
45. Levy of development fees.
46. Penalty for non-construction of buildings.
CHAPTER-IX
DEVELOPMENT, CONTROL AND USE OF LAND
47. Power to stop construction.
48. Power of Chief Executive Officer to require alteration of
work.
CHAPTER-X
MISCELLANEOUS
49. Notice of suit against the Authority.
50. Valuation of assets and liabilities of the Authority.
50-A. Abolition of the Himachal Pradesh Housing Board and
transfer of its assets and liabilities.
51. Power to make regulations.
52. Power to make bye-laws.
53. Offences and penalties.
54. Authority for prosecution.
55. Members, officers and officials of the Authority to be public
servants.
56. Protection of action taken in good faith.
57. Authentication.
58. Relation of Authority with police.
59. Power to delegate.
60. Supersession of Authority.
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AUTHORITY ACT, 2004
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61. Power to make Rules.
62. Repeal and savings.
__________
THE HIMACHAL PRADESH HOUSING AND URBAN
DEVELOPMENT AUTHORITY ACT, 2004
(ACT NO. 9 OF 2004)1
(Received the assent of the Governor on the 1st May, 2004 and
published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 6th May, 2004, pp. 373-433).
An Act to re-enact the law to provide for the creation of a Development
Authority to plan and develop land and create infrastructure to
meet with the housing needs of different income groups and to
provide for development schemes for mobilizing public and
private resources for the promotion of housing colonies and
related infrastructure and to provide for the creation of
appropriate Authority and mechanism for planned development
of housing colonies.
Amended, Repealed or otherwise effected by:-
H.P. Act No. 2 of 20052 assented to by the Governor on 23rd
January, 2005, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th January,
2005, pp. 3549-3555, effective from 15th May, 2004.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-fifth Year of the Republic of India, as follows:-
CHAPTER-I
Preliminary
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Housing and Urban Development Authority Act,
2004.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come in to force on such date as the State Government
may, by notification3, appoint.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 25th
February, 2004, pp. 3503-3504 and 3530-3531.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
20th December, 2004, pp. 2827 and 2832.
3. Act came into force from 15th day May, 2004 vide Notification. No. HSG-1A(3)-
3/95-I. 13th May, 2004 published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 15th May, 2004, p. 526.
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AUTHORITY ACT, 2004
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “adjoining area” means such area as may be specified to be
an ‘adjoining area’ under section 18 of this Act;
(b) “Authority” means the Himachal Pradesh Housing and
Urban Development Authority established under section 3
of this Act;
(c) “Authority’s premises” means any premises belonging to, or
vesting in the Authority or taken on lease by the Authority
or any premises which is entrusted to, or in the possession
or control of the Authority for the purposes of this Act;
(d) “building” includes any structure or erection or part of a
structure or erection, which is intended to be used for
residential, industrial, commercial or other purposes,
whether in actual use or not;
(e) “bye- laws” means bye-laws made under section 52 of this
Act;
(f) “Chairman” means the Chairman of the Authority;
(g) “Chief Executive Officer” means an officer appointed under
section 11 of this Act;
(h) “committee” means any committee appointed under section
12 of this Act;
(i) “Competent Authority” means any person or officer
appointed by the State Government by notification, to
exercise and perform all or any of the powers and functions
under this Act;
(j) “financial year” means the year commencing on the 1st day
of April and ending on the 31st day of March of the ensuing
year;
(k) “land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth;
(l) “Local Authority” means a Municipal Corporation, a
Municipal Council, a Town Improvement Trust, a
Cantonment Board, a Nagar Panchayat, a Zila Parishad, a
Gram Panchayat or any other Authority entrusted with the
functions of Local Authority under any law for the time
being in force;
(m) “member” means the member of the Authority and includes
its Chairman, Vice-Chairman and Acting Chairman;
(n) “notification” means a notification published in the Official
Gazette;
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(o) “premises” means any land occupied by any building or a
part of a building and includes,-
(i) the garden, 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;
(p). “prescribed” means prescribed by rules made under this
Act;
(q). “Promoter” means a person or a company or a society
who,-
(i) constructs or causes to construct a building consisting of
apartment or convert an existing building or a part
thereof into apartments, for the purpose of selling all or
some of the apartments to other persons and includes
his assigns; or
(ii) .develops land into a colony and also carves out plots,
for the purpose of selling to other persons;
(r) “regulations” means the regulations made under section 51
of this Act;
(s). “rules” means the rules made under section 61 of this Act;
(t). “scheme” means any scheme framed under this Act;
(u) “Secretary” means the Secretary of the Authority;
(v) “State Government” means the Government of Himachal
Pradesh; and
(w) “Vice-Chairman” means the Vice-Chairman of the
Authority.
CHAPTER-II
ESTABLISHMENT AND CONSTITUTION OF THE
AUTHORITY
3. Establishment of the Authority.- (1) With effect from such date
as the State Government may, by notification appoint in this behalf, establish
for carrying out the purposes of this Act, an Authority to be known as the
Himachal Pradesh Housing and Urban Development Authority with the
headquarter at such place as the State Government may specify.
(2)The Authority 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 there under, shall have the powers to
acquire, hold, administer and transfer property movable or immovable, and to
enter into contracts, and shall by the said name sue and be sued and do all
such things as are necessary for which it is constituted.
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AUTHORITY ACT, 2004
(3) For the purposes of this Act and the Land Acquisition Act, 1894,(
1 of 1894) the Authority shall be deemed to be a Corporation.
4. Constitution of the Authority.- (1) The Authority shall consist of
the following members:-
(a) Chairman and the Vice-Chairman to be
appointed by the State Government, by
notification.
(b) Secretary (Finance) to the Government
of Himachal Pradesh-
-Ex-officio
member
(c) Secretary (Housing) to the Government
of Himachal Pradesh
-Ex-officio
member.
(d) Secretary (Urban Development) to the
Government of Himachal Pradesh-
-Ex-officio
member
(e) Secretary (Town and Country Planning)
to the Government of Himachal Pradesh
-Ex-officio
member.
(f) The Engineer-in-Chief ,Himachal
Pradesh Public Works Department
-Ex-officio
member.
(g) The Engineer- in- Chief, Himachal
Pradesh Irrigation and Public Health
Department
-Ex-officio
member.
(h) Three non-official members to be
appointed by the State Government, by
notification.
(i) The Chief Executive Officer shall be
the Member-Secretary of the Authority.
(2) The Chairman or the Vice-Chairman may at any time resign his
office by submitting his resignation to the State Government.
5. Term of office of the Chairman, the Vice-Chairman and the
non-official members.- (1) The Chairman, the Vice-Chairman and the non-
official members of the Authority shall hold office during the pleasure of the
State Government.
(2)The Chairman and the Vice-Chairman shall perform such duties
and exercise such powers as may be prescribed.
6. Disqualifications.- A person shall be disqualified for being
appointed or for continuing as the Chairman or the Vice-Chairman or the non-
official member of the Authority, if he-
(a) has been convicted by a Criminal Court for an offence
involving moral turpitude; or
(b) is an un-discharged insolvent; or
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8
(c) is a defaulter of the Authority or any other financial
institution established under any law; or
(d) is of unsound mind; or
(e) is the employee of the Authority; or
(f) directly or indirectly, himself or through any partner,
employer or employee has any share or interest in any
contract or employment with, by or on behalf of the
Authority; or
(g) is not a citizen of India.
Explanation.- For the purpose of clause (e) of this section, the
Chairman and the Vice-Chairman of the Authority shall not be deemed to be
an employee of the Authority.
7. Remuneration and allowance to the Chairman, the Vice-
Chairman and the non-official members.- (1) The Chairman and the Vice-
Chairman shall be paid such remuneration and allowances, as may be
prescribed.
(2) Every non-official member shall receive such allowances, as may
be prescribed.
(3) The remuneration and allowance to the Chairman, the Vice-
Chairman or non-official members, as the case may be, shall be paid from the
fund of the Authority.
8. Acting Chairman.-Whenever there occurs a temporary vacancy in
the office of the Chairman, the Vice- Chairman shall act as the Chairman
during the period of such vacancy and in the absence of both, the State
Government may appoint an acting Chairman out of the non-official members
of the Authority.
9. Vacancy of a non-official member.- If a non-official member,-
(a) becomes subject to any of the disqualifications mentioned in
section 6 of this Act; or
(b) tenders his resignation in writing to the State Government and
the same is accepted; or
(c) is absent without the permission of the Chairman from three
consecutive meetings of the Authority,
he shall cease to be a non-official member, from such date as the State
Government may declare.
10. Filling up of vacancy.- Any vacancy of the Chairman or the
Vice-Chairman or a non-official member shall be filled in as early as
practicable.
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AUTHORITY ACT, 2004
11. Appointment of officers, officials and creation of posts.- (1)
The State Government may appoint Chief Executive Officer of the Authority
on such terms and conditions, as may be prescribed.
(2) The Authority may create posts, as it may deem necessary, for the
efficient performance of its functions with the prior approval of the State
Government.
(3)The method of appointment, essential qualifications, the scale of
pay and allowances and other conditions of service of officers and employees
of the Authority shall be such, as may be determined by the regulations.
12. Appointment of committee.-(1) Subject to any rules made in this
behalf under this Act, the Authority may, from time to time, appoint one or
more committees for the purpose of securing the efficient discharge of its
functions and in particular for the purpose of securing that the said functions
are discharged with due regard to the circumstances and requirements of a
particular local area.
(2) Any committee appointed under sub-section (1) shall meet to
discharge the functions assigned to it in such manner, as may be directed by
the Authority.
13. Meeting of the Authority.- (1)The Authority shall meet at such
time and place as it deems fit, subject to the following:-
(a) an ordinary meeting shall be held once in every three months;
(b) the Chairman may, whenever he thinks fit, call special
meeting either himself or on the directions of the State
Government;
(c) every meeting shall be presided over by the Chairman and in
his absence by the Vice-Chairman and in the absence of both,
by acting Chairman;
(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 over the meeting shall be entitled to exercise
a casting vote; and
(e) the minutes of the proceedings of every meeting shall be
recorded in a book to be provided for the purpose under the
signature of the Chairman of the meeting and the Chief
Executive Officer.
(2) The quorum for a meeting of the Authority shall be two-third of
the total members of the Authority.
14. Temporary association of person with the Authority for
particular purpose.- (1) The Authority may take the advice of any expert in a
specialized field, as it may deem necessary, on such terms and conditions and
on payment of such fees, as may be decided by the Authority.
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(2) A person associated with the Authority under sub-section (1) for
any purpose shall have the right to take part in the deliberations of the
Authority 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 Authority and to take part in the deliberations of the
Authority, on such items as the State Government may specify, but such
representatives shall not have the right to vote.
(4) The Authority may appoint a consultant as may be considered
necessary, for specialized or specific job(s), for a limited period on such terms
and conditions and on payment of such fees, as may be decided by the
Authority.
15. Power to make contracts.- The Authority may enter in to such
contracts as it may consider necessary or expedient for carrying out any
purpose of this Act.
16. Execution of contract.- Every contract shall be signed on behalf
of the Authority by the Chief Executive Officer or by any other officer
authorized by the Authority, by a special or general order:
Provided that no contract shall be signed by any officer unless the
contents of the contract are approved by the Authority.
CHAPTER-III
FRAMING AND FINALISING OF SCHEMES FOR
EXECUTION
17. Powers and duties of the Authority to undertake housing and
development schemes.- (1) Subject to the provisions of this Act and the
control of State Government, the Authority may,-
(a) frame the schemes on its own;
(b) frame a scheme on the request of a Promoter;
(c) adopt a scheme proposed by a Promoter; and
(d) incur expenditure and undertake works in any area in which
this Act is enforced for the framing and execution of such
housing and development schemes, as it may consider
necessary.
(2). The housing and development schemes may be of one of the
following types combination of any two or more of such types of schemes or
of any special features thereof, namely:-
(a) a land development scheme;
(b) a city or town or village development scheme;
(c) a housing scheme;
(d) an industrial area development scheme;
THE HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT 11
AUTHORITY ACT, 2004
(e) a commercial/tourism scheme; and
(f) an infrastructure development scheme.
(3) The State Government may, on such terms and conditions, as it
may think fit to impose, entrust to the Authority the framing and execution of
any deposit work or any housing and development scheme whether provided
by this Act or not and the Authority shall thereupon, undertake the framing
and execution of such schemes as if it had been provided for by this Act.
(4) The Authority may, with the previous approval of the State
Government, on such terms and conditions, as may be agreed upon, take up
framing or execution of any deposit work or any housing and development
scheme, on behalf of a Local Authority or a Co-operative Society or a person.
18. Matters to be provided for in a development scheme.-Subject
to the provisions of this Act, a development scheme may provide for all or 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 itself or through a Promoter, in accordance with
the scheme;
(c) laying or re-laying out of any land comprised in the scheme;
(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 alteration 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
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injury or contamination to rivers or other sources and means
of water supply;
(m) accommodation for any class of inhabitants, industries,
institutions, offices, Local Authorities, Co-operative Societies
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 purposes 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.
Explanation.-For the purposes of this section, the State Government
may on the recommendation of the Authority, by notification, specify the
area, surrounding or adjoining area of a housing scheme, to be the “adjoining
area”.
19. Provision for economically weaker section.- The State
Government may reserve atleast 5% of the developed area or built up houses
for economically weaker section on such terms and conditions, as may be
prescribed by regulations.
20. Publication of development scheme.- (1) Before finalization of
any development scheme, the Authority shall, by notification, publish the
draft scheme and the same shall specify the plan showing the area proposed to
be included in the development scheme alongwith surrounding lands and shall
be open to inspection for the public during office hours at the office of the
Authority for 30 days from the date of publication thereof.
(2) If within 30 days from the date of publication of the draft scheme,
any person communicates in writing to the Authority any suggestion or
objection relating to the scheme, the Authority shall consider such suggestion
or objection and may modify the draft scheme as it may deem fit.
(3) The Authority shall, by notification, publish the scheme finalized
under sub-section (2).
(4) The publication of a notification under sub-section (3) shall be
conclusive evidence that the said scheme has been framed.
21.Transfer of management to the Authority, for the purposes of
housing and development schemes vested in a Local Authority.- (1)
Whenever any street, square or other land or any part thereof, owned and
possessed by a Local Authority is required for the purposes of any housing or
development scheme as published in the Official Gazette under section 20 of
this Act, the Authority shall give notice to the concerned Local Authority to
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AUTHORITY ACT, 2004
transfer the management of such street, square or other land or part thereof, as
the case may be, to the Authority.
(2) Where the Local Authority agrees the transfer of the management
of such street, square or other land or part thereof, the same shall vest in the
Authority.
(3)Where there is any dispute, the matter shall be referred to the State
Government and the State Government shall, after hearing the parties
concerned decide the matter, whose decision thereon shall be final.
(4)Notwithstanding such vestment, the Local Authority concerned
shall continue to render the municipal services as usually provided by it and
such vestment shall not affect the duties and obligations of such Local
Authority in or over any drain or water works falling in the management
vested in the Authority.
22. Power of Authority to turn or close public path or street.- (1)
The Authority may turn, divert, discontinue the public use of or permanently
close, any public path or street or any part thereof vested in it.
(2) Whenever the Authority discontinues the public use of or
permanently closes any public street or any part thereof, vested in it, it shall as
far as practicable provide some other reasonable means of access to be
substituted in lieu of the use by those entitled to the use of the street or part
thereof.
(3) When any public street vested in the Authority is permanently
closed under sub-section (1), the Authority may utilize the same as per the
scheme.
23. Vesting in Local Authority of streets laid out or altered and
open space provided by the Authority under housing and development
schemes.- (1) Whenever the State Government is satisfied,-
(a) that any street laid out or altered by the Authority has been
duly levelled, paved, metalled, fledged, channeled, sewered
and drained as required for the housing and development
scheme;
(b) that such lamps, lamp posts, and other apparatus as the Local
Authority concerned considers necessary for the lighting of
such street as ought to be provided by the Authority have
been so provided; and
(c) that water and other sanitary conveniences have been duly
provided in such street,
it may declare the street to be a public street, and the street shall thereupon
vest in the Local Authority concerned and shall thereafter be maintained,
repaired, lighted and cleaned by the Local Authority concerned.
(2) When any open space for the purposes of ventilation or recreation
has been provided by the Authority in executing any housing and
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14
development scheme, the Authority shall transfer such open space to the
Local Authority concerned on completion of the scheme and thereupon such
open space shall vest in and be maintained by the Local Authority:
Provided that the Local Authority may require the Authority before
any such open space is so transferred, to enclose, level, turf, drain and layout
such space and provide footpath therein and if necessary, provided lamps and
other apparatus for lighting it.
(3)If any difference of opinion arises between the Authority and the
Local Authority in respect of any of the matters referred to in this section, the
matter shall be referred to the State Government whose decision thereon shall
be final.
24.Other duties of the Authority.- (1) It shall be the duty of the
Authority to take necessary measures to maintain, allot, lease or otherwise use
the Authority premises and to collect rents, compensation and damages in
respect thereof.
(2) The Authority may,-
(i) provide technical advice to the State Government and
scrutinize projects under other housing schemes, when
required by the State Government to do so;
(ii) undertake research on various problems connected with
housing schemes in general and find out in particular the
economical methods of constructing houses suited to local
conditions ;
(iii) undertake comprehensive survey of problems of housing; and
(iv) do all the things for,-
(a) unification, simplification and standardization of
building materials;
(b) encouraging prefabrication and mass production of
house components;
(c) organization or undertaking the production of building
materials; and
(d) securing a steady and sufficient supply of workmen
trained in the work of design and construction of
housing infrastructure including buildings.
CHAPTER –IV
FINANCE, ACCOUNT AND AUDIT
25. Fund of the Authority.- (1) The Authority shall have its own
fund.
THE HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT 15
AUTHORITY ACT, 2004
(2) The Authority may accept grants, subsidies and donations from
the Central or the State Government or a Local Authority or any individual or
body, whether incorporated or not, for all or any of the purposes of this Act.
(3) The State Government may give such grants, as it may consider
necessary, to the Authority.
(4) All money received by or on behalf of the Authority by virtue of
this Act, all proceeds of land or any other kind of property sold by the
Authority, all rents and interests, profits and other money accruing to the
Authority including the loans raised by it shall constitute the fund of the
Authority.
(5) Except as otherwise directed by the State Government, all money
and receipts specified in this section and forming part of the fund of the
Authority shall be deposited in any Nationalized Bank or any other Bank
having National Computerized network or in Himachal Pradesh State Co-
operative Bank or invested in such securities as may be approved by the State
Government.
(6) Such account shall be operated upon by such officers, as may be
authorized by the Authority.
26. Application of the fund.- Subject to the provisions of this Act, all
property, fund and all other assets vested in the Authority shall be applied by
it for the purpose of this Act.
27. Power of the Authority to borrow.- (1) The Authority may,
from time to time, with the previous sanction of the State Government,
borrow money from any source by issue of bonds, debenture, loans or such
other instruments, on such terms and conditions, as it may deem fit, for the
purposes of this Act.
(2) Every debenture, bond or instrument shall be signed by the officer
duly authorized by the Authority.
(3) The Authority may, from time to time, on the request of the State
Government, raise loans to it for execution of any work or scheme.
(4).The State Government may give guarantee subject to such
conditions as it think fit, for the repayment of the principal and the payment of
interest thereon with respect to the money borrowed under sub-section (1) or
loan raised under sub-section (3), by the Authority.
28. Accounts and audit.- (1) The accounts of the Authority shall be
prepared and maintained in such form and in such manner, as may be
prescribed.
(2) The Authority shall cause to be prepared for each financial year an
annual statement of accounts in such form, as may be prescribed.
(3) The accounts of the Authority shall be audited by an agency as
may be authorized by the State Government or by an auditor duly qualified to
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act as an auditor of Companies under section 226 of the Companies Act, 1956
( 1 of 1956).
(4) The auditor shall send copy of the report together with audited
copy of accounts to the Authority, which shall, as soon as may be, after the
receipt of the audit report forward the same to the State Government.
(5) The State Government shall cause the audit report together with
audited copy of accounts to be laid before the State Legislature, as soon as
may be, after the receipt of the same under sub-section(4).
29. Special audit of accounts.- (1) Notwithstanding anything
contained in section 28 of this Act, the State Government may order special
audit of accounts of the Authority by such person as it thinks fit.
(2) Where an order is made under sub-section (1), the Authority shall
present or cause to be presented for special audit such accounts and shall
furnish to the person appointed under sub-section (1), such information as the
said person may require.
30. Annual report and budget.- (1) The Authority shall during each
financial year prepare, in such form and at such time, as may be prescribed, an
annual administrative report giving a true and full account of its activities
during the previous financial year, and an account of the activities likely to be
undertaken by it in the current financial year and copies of such report shall be
forwarded to the State Government.
(2) The State Government shall cause every such report to be laid
before the State Legislature, as soon as may be, after the receipt of the report
under sub-section (1).
(3)The Authority shall prepare the annual budget in the prescribed
manner for every financial year and the same shall be approved by it and sent
to the State Government within 15 days from its approval.
31. Provident fund.- (1)The Authority shall established Contributory
Provident Fund for the officers and officials of the Authority and such
Provident Fund shall be deemed to be the Authority’s Provident Fund for the
purpose of the Provident Fund Act, 1925 (19 of 1925) and shall be
administered by the officers of the Authority.
(2) The Authority shall, in respect of each of its employees, who is a
subscriber to the said fund, pay to the said fund such portion of the
contribution, in such manner, as the State Government may, from time to
time, prescribe.
CHAPTER-V
ACQUISITION AND DISPOSAL OF LAND BY THE
AUTHORITY
32. Acquisition of land.-When any land is required for the purposes
of this Act, the State Government may, at the request of the Authority,
proceed to acquire it under the provisions of Land Acquisition Act, 1894 ( 1
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of 1894) and on payment by the Authority of the compensation awarded under
that Act and of any other charges incurred in acquiring the land and thereupon
the land shall vest in the Authority.
33. Disposal of land.-(1) Subject to any direction issued by the State
Government under this Act, the Authority may dispose of by way of sale,
exchange, lease or auction any land acquired by it or transferred to it by the
State Government after undertaking or carrying out such development as
provided in housing and development scheme, in such manner, as may be
prescribed and subject to such terms and conditions, as it thinks fit.
(2) Subject to the provisions, of sub-section (1), the Authority may
sell, lease or otherwise transfer whether by auction or allotment any land or
building belonging to it on such terms and conditions as it may, from time to
time, determine.
(3) The consideration money for any transfer under this section shall
be paid to the Authority, in such manner, as may be prescribed by regulations.
(4) Any land or building, or both, as the case may be, shall continue
to belong to the Authority until the entire consideration money together with
interest and any other amount, if any, due to the Authority, on account of the
transfer of such land or building or both, is paid.
(5) Subject to the provisions of regulations, the transfere shall not
further transfer any of his rights in the land or buildings except with the prior
permission of the Authority on an application accompanied by such fees, as
may be prescribed.
34. Recovery of arrears as land revenue.- Where any person makes
any default in the payment of any sum due to the Authority under this Act or
the rules or regulations made thereunder, which is not paid on demand on the
date on which it becomes due or on the day fixed by the Authority, shall be
recovered from him, as arrears of land revenue.
CHAPTER-VI
IMPLEMENTATION OF SCHEMES
35. Implementation of the schemes by the promoter.- Subject to
the provisions of this Act and the rules or regulations made there under, the
Authority may, for the implementation of the scheme, permit a Promoter to
undertake any housing and development scheme.
36. Power to grant licence to the Promoter.- (1) The Authority
may, with the prior approval of the State Government, grant a licence, in the
prescribed form, to the Promoter to undertake a scheme on such terms and
conditions as may be mutually agreed upon after the following such procedure
and on payment of such licence fee, as may be prescribed.
(2) If the licence is granted, the Promoter shall execute the scheme as
finalized by the Authority under section 20 of this Act.
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(3) After the scheme has been executed, necessary completion
certificate shall be issued by the Authority that the scheme has been executed
as finalized by it under section 20 of this Act.
(4) Upon the issue of the completion certificate by the Authority, it
shall transfer the ownership of the land, in the manner prescribed, to the
Promoter.
37. Registration of the Promoter.-The Authority shall register a
Promoter for the execution of any housing and development scheme for such
period and on such terms and conditions, as may be prescribed.
38. Application for grant of licence.- (1) Any registered Promoter
may make an application in writing for grant of a licence to undertake or carry
out any scheme to the Authority in such form accompanied by such
documents and fee and in such manner, as may be prescribed.
(2) The Authority may, after making such enquiry as it considers
necessary, by an order in writing,-
(a) award the execution of scheme after the applicant has
furnished to it a bank guarantee equivalent to 10% of the
estimated cost of the development work and has entered into
an agreement on such terms and conditions as may be agreed
upon including the provisions to ensure-
(i) that the development work shall be within the
framework of the approved scheme and shall confirm to
the provisions of the regulations and building bye-laws;
and
(ii) that the time schedule within which the housing and
development work is to be completed shall be adhered
to; or
(b) refuse to award the execution of scheme after affording the
applicant an opportunity of being heard.
39. Allotment of building or plot by the Promoter.- Subject to the
provisions of this Act and rules made thereunder, the Promoter may transfer
the building or plot, to the prospective allottees, on such terms and conditions,
as may be prescribed by regulations.
40. Maintenance charges of amenities.- Where the Authority is
providing or maintaining any amenities, utility, service or facility, the
Authority shall charge from the allottee maintenance charges, in the manner
prescribed.
41.Reference to Arbitrator in case of dispute.- If any dispute arises
out of any agreement entered into between the Authority and the Promoter or
between the Promoter and the allottee, the same shall be referred for
arbitration in accordance with the provisions of the Arbitration and
Conciliation Act, 1996(26 of 1996).
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CHAPTER-VII
RELATIONS BETWEEN THE STATE GOVERNMENT, THE
AUTHORITY AND THE LOCAL AUTHORITIES
42. Powers of Authority to require Local Authority to assume
responsibility for maintenance of amenities.- (1) Where any area has been
developed by the Authority or by the Promoter, the same shall be entrusted to
the Local Authority within whose limits the area so developed is situated for
discharging its municipal functions.
(2) If any amenity has not been provided by the Authority or by the
Promoter which otherwise should have been provided, the Authority or the
Promoter, as the case may be, shall pay an amount equivalent to the cost of
such amenities to the Local Authority.
(3) Where money has been collected by the Authority or by the
Promoter for the proposed amenities but not utilized, the same shall be
transferred to the Local Authority for providing the same.
43. Power to give directions.- The State Government may give to
the Authority such directions as in its opinion are necessary or expedient for
carrying out the purposes of this Act and it shall be the duty of the Authority
to comply with such directions.
44. Revisional powers.- The State Government may, at any time
either on its own motion or on application made to it in this behalf, call for the
records of any case disposed of, or order passed by the Authority, for the
purpose of satisfying itself as to the legality or propriety or correctness of any
order passed or direction issued and may pass such order or issue such
direction in relation thereto, as it thinks fit:
Provided that the State Government shall not pass an order without
affording an opportunity of being heard to the aggrieved party.
CHAPTER-VIII
LEVY OF DEVELOPMENT FEE AND PENALTY FOR
NON-CONSTRUCTION OF BUILDING ON PLOTS
45. Levy of development fees.- Subject to the provisions of this Act
and the rules made thereunder, the Authority may, with the previous sanction
of the State Government, by order, levy development fee to recoup the
expenditure incurred by it on the amenities provided or to be provided in
future by the Authority:
Provided that different rates of development fees may be levied for
different parts of the scheme area.
46. Penalty for non-construction of buildings.- Subject to the
provision of this Act and the rules made thereunder, the authority may impose
penalty, not exceeding 5 percentum of the cost of the plot per year, on the
allottee if he fails to construct the building on the plot within the specified
period:
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Provided that before passing any order under this section, the
Authority shall provide reasonable opportunity of being heard.
CHAPTER-IX
DEVELOPMENT, CONTROL AND USE OF LAND
47. Power to stop construction.- (1) where any encroachment on
Authority’s land is made, erection of any building or execution of any work
has been commenced or is being carried on ( but has not been completed),
without or contrary to the sanctioned building plan or in contravention of any
condition subject to which such sanction has been accorded or in
contravention of any provisions of this Act or bye-laws made thereunder, the
Chief Executive Officer or any other officer authorized by him in addition to
any other action that may be taken under this Act, by order, require the person
at whose instance erection of the building or the work has been commenced or
is being carried on, to stop the same forthwith.
(2) If an order made under sub-section (1) is not complied with, the
Chief Executive Officer or any other officer authorized by him may require
any police officer to remove such person and all his assistants and workmen
from the premises within such time, as may be specified in the requisition, and
such police officer shall comply with the requisition accordingly.
(3) After the requisition under sub-section (2) has been complied
with, the Chief Executive Officer or any other officer authorized by him may,
if he thinks fit, deploy by written order, a police officer or officer or other
employee of the Authority, to watch the premises in order to ensure that the
erection of the building or the execution of the work is not continued and the
cost of such deployment shall be paid by the person at whose instance such
erection or execution is continued or against whom an order under sub-section
(1) is made.
(4) Where the owner of the building submits the revised plan, after the
work has been stopped by him or the work is completed by him and the
deviations from the sanctioned plan are minor in nature, the Chief Executive
Officer may, subject to the special or general directions of the State
Government, compound the cases of deviations on payment of such sum, as
may be prescribed.
Explanation.- For the purpose of sub-section (4), the expression “
minor in nature” in relation to deviations shall not include,-
(a) addition of a storey beyond the sanctioned plan; and
(b) erection of building,-
(i) on any land vested in the Authority; or
(ii) by covering any public road, street, path or drain.
(5) Notwithstanding anything to the contrary contained in this Act, the
Authority may, after affording a reasonable opportunity of being heard, refuse
or withdraw the civic amenities including water and sewerage connection, if
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the owner of the building make deviation from the sanctioned plan by addition
of a storey beyond the sanctioned plan, erection of a building on any land
vested in the Authority, or by covering any public road, street, path or drain.
48. Power of Chief Executive Officer to require alteration of
work.- (1) The Chief Executive Officer may, at any time, during the erection
of any building or execution ofExcerpt shown. Open the full act in Lexace.