The JAMMU AND KASHMIR HOUSING BOARD ACT, 1976

HOUSING BOARD ACT, 1976
(Act No. VII of 1976)
THE JAMMU AND KASHMIR HOUSING BOARD
ACT, 1976
(Act No. VII of 1976)
CONTENTS
Preamble.
Section
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Interpretation.
CHAPTER II
Establishment of Housing Board
3. Incorporation.
4. Constitution of Board and removal of members.
5. Term of office of the Chairman and members of the Board.
6. Appointment of Staff.
7. Conditions of service of officers and servants.
8. Meetings of Board.
9. Temporary association of persons with Board for particular purpose.
10. Authentication of orders and other instruments of the Board.
11. Power to make contracts.
12. Execution of contract.
13. Delegation of Board’s power to sanction contract.
490 HOUSING BOARD ACT, 1976
Section.
CHAPTER III
Housing Scheme
14. Powers and duties of the Board to undertake housing schemes.
14-A. Entrustment of other functions to the Board.
15. Matters to be provided for by housing schemes.
16. No housing scheme to be made for area included in improvement scheme or
be inconsistent with the town planning scheme.
17. Publication and sanctioning of scheme.
18. Power to alter or extend schemes.
19. Carrying out of scheme.
20. Vesting of lands etc. in the Board.
21. Compensation in respect of land vested in the Board.
22. Power of Board to turn or close public street vested in it.
23. Reference to Tribunal in case of dispute under section 21, 22, 26.
24. Vesting in Municipality of streets laid out or altered and open space provided
by the Board under housing scheme.
25. Other duties of the Board.
CHAPTER IV
Acquisition and disposal of land
26. Power to acquire.
27. Betterment charges.
28. Notice to persons liable for betterment charges.
29. Agreement for payment of betterment charges.
30. Recovery of betterment charges.
31. Power to dispose of land.
HOUSING BOARD ACT, 1976 491
Section.
32. Disputes regarding reconstitution of plots.
33. Constitution of Tribunal.
34. Duties of the Tribunal.
35. Powers of the President.
36. Powers of and procedure before tribunal.
37. Decision of Tribunal be final.
CHAPTER V
Power to evict persons from board premises.
38. Appointment of competent authorities.
39. Non-applicability of other laws.
40. Power to evict certain persons from Board premises.
41. Power to recover rent or damages as arrears of land revenue.
42. Rent to be recovered from deduction from salary or wages in certain cases.
43. Appeal.
44. Bar of jurisdiction of civil courts.
CHAPTER VI
Finance, accounts, budget and audit.
45. Expenditure etc. incurred by Government till Board takes over.
46. The Board Fund.
47. Application of the Fund.
48. Subventions and loans to the Board.
49. Power of Board to borrow.
50. Submission of Budget to Board.
51. Board’s sanction to budget.
492 HOUSING BOARD ACT, 1976
Section.
52. Accounts and audit.
53. Concurrent and special audits of accounts.
CHAPTER VII
Miscellaneous
54. Reports.
55. Other statements and returns.
56. Power of entry.
57. Notice of suit against Board.
58. Valuation of assets and liabilities of the Board.
59. Power to make rules.
60. Regulations.
61. Penalty for obstructing.
62. Penalty for obstructing exercise of powers under Chapter V .
63. Authority for prosecution.
64. Members, officers and servants of the Board to be public servants.
65. Protection of action taken under this Act.
66. Government’s powers to give directions to Board.
67. Power to order inquiries.
–––––––
HOUSING BOARD ACT, 1976 493
THE JAMMU AND KASHMIR HOUSING BOARD
ACT, 1976
(Act No. VII of 1976)
[Received the assent of the Governor on 31st March, 1976 and
published in Government Gazette dated 31st March, 1976 (Extra.)]
An Act to provide for measures to be taken to deal with and satisfy the
need for housing accommodation.
Whereas it is expedient to take such measures, to make such schemes
and to carry out such works as are necessary for the purposes of dealing
with and satisfying the need for housing accommodation, residential and
office accommodation in the Public Sector and with that objective in view it
is necessary to establish a Board and to make certain other provisions
hereinafter appearing ;
Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-seventh Year of the Republic of India as follows :––
CHAPTER I
Preliminary
1. Short title, extent and commencement. —(1) This Act may be called
the Jammu and Kashmir Housing Board Act, 1976.
(2) It extends to 
1
[whole of the Union territory of Jammu and Kashmir].
2
[(3) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint].
2. Interpretation.— In this Act, unless there is anything repugnant in
the subject or the context,—
(1) “Board” means the Jammu and Kashmir Housing Board
constituted under section 4 ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State of Jammu and
Kashmir”.
2. Enforced vide SRO-266 of 1976 w.e.f 11th May, 1976.
* Now Official Gazette.
494 HOUSING BOARD ACT, 1976
(2) “Betterment charges” means the charges leviable under section
27 ;
(3) “Board premises” means any premises belonging to or vesting in
Board or taken on lease by the Board or entrusted to the Board under
this Act for management or use for the purposes of this Act ;
(4) “Chairman” means Chairman of the Jammu and Kashmir Housing
Board ;
(5) “Financial institution” means any Scheduled Bank, Nationalised Bank,
Life Insurance Corporation of India, Housing and Urban Development
Corporation of India, or any other financial institution which lends
money for housing activity ;
(6) “Government” means the Government of Jammu and Kashmir ;
(7) “Government office” means any office of the government of Jammu
and Kashmir ;
(8) “housing scheme” means a housing scheme made under this Act ;
(9) “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 attached to the earth ;
(10) “Managing Director” means Managing Director appointed under
this Act ;
(11) “member” means a member of the Board and includes the Chairman
of the Board ;
(12) “Municipality” means a  Municipality and includes 
1
[a Municipal
Corporation or Council or Committee] ;
(13) “premises” means any land or building or part of a building
including any apartment therein and includes—
(i) gardens, grounds and out-houses, if any, appertaining to such
building or part of a building ; and
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “a Town Area Committee or a Notified
Area Committee”.
HOUSING BOARD ACT, 1976 495
(ii) any fittings affixed to such building or part of a building for
the more beneficial enjoyment thereof ;
(14) “prescribed” means prescribed by rules made under this Act ;
(15) “regulations” means regulations made by the Board under this Act.
CHAPTER II
Establishment of Housing Board
3. Incorporation.— The Government shall, by notification in the
*[Government Gazette] establish for the purposes of this Act a Board by
the name of the Jammu and Kashmir Housing Board.
(2) The Board shall be a body corporate having perpetual succession
and a common seal and may sue and be sued in its corporate name and shall be
competent to acquire and hold property both movable and immovable and to
contract and do all things necessary for the purposes of this Act.
(3) For the purposes of this Act 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 land 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. Constitution of Board and removal of members. —(1) The Board shall
consist of a Chairman, and such other members, not less than three and not
more than nine as the Government may appoint.
(2) The Government may at any time remove any member of the Board or
reconstitute the Board as it may consider necessary.
(3) In absence of the Chairman from any meeting, the members present
may nominate one amongst them to preside over the meeting.
5. Term of office of the Chairman and members of the Board.—The
Chairman and the other members of the Board shall hold office for such
period and shall be eligible for reappointment under such conditions, as may
prescribed.
* Now Official Gazette.
496 HOUSING BOARD ACT, 1976
6. Appointment of staff. —(1) The Board shall have a Managing Director
to be appointed by the Government on such terms and conditions as it may
specify.
(2) The Board may appoint a Secretary and such other officers and servants
as may be required to enable the Board to carry out its functions under this Act :
Provided that the appointment of the Secretary and other officers of the
Gazetted rank shall be subject to the approval of the Government :
Provided further that in making appointment of officers and servants
under this section, the rules and orders, from time to time, issued by the
government in making provision for reservation of appointments and posts
in favour of the Scheduled Castes and Backward Classes shall apply in the
same manner as they apply in respect of appointments and posts under the
Government.
7. Conditions of service of officers and servants.— The conditions of service
of the officers and servants of the Board shall be such as may be determined
by regulations.
8. Meetings of Board. —(1) The Board shall meet and shall from time
to time make such arrangements with respect to the day, time, notice,
management and adjournment of its meetings as it thinks fit, subject to
the following provisions, namely :—
(a) the Chairman may, whenever he thinks fit, call special meetings ;
(b) all questions at any meeting shall be decided by a majority of the
members present and in case of equality of votes the person pre-
siding shall have and exercise a second or casting vote ;
(c) the minutes of the proceedings of each meeting shall be recorded
in a book to be provided for the purpose.
(2) The Board shall hold ordinary meeting at such intervals, as may be
provided in the regulations, and a meeting may be convened by the chairman at
any other time for the transaction of any urgent business.
(3) The number of members necessary to constitute a quorum at a
meeting shall be such as may be provided in the regulations.
HOUSING BOARD ACT, 1976 497
(4) If at any special or ordinary meeting of the Board a quorum is not
present, the Chairman shall adjourn the meeting to such other day as he may
think fit and the business which would have been brought before the original
meeting if there had been a quorum present, shall be brought before, and
transacted at, the adjourned meeting, whether there is a quorum present or not.
9. Temporary association of persons with Board for particular purpose. —
(1) The Board may associate with itself, any person whose assistance or advice it
may desire for carrying into effect any of the provisions of this Act :
Provided that the number of persons so associated shall not be more
than three.
(2) A person associated with the Board under sub-section (1) for any
purpose shall have the right to take part in the deliberations of the Board
relevant to that purpose but shall not have the right to vote.
10. Authentication of orders and other instruments of the Board.—All
orders, decisions and instruments of the Board shall be authenticated by the
signatures of the Managing Director or any other officer as may be authorised
by the Board in this behalf.
11. Power to make contracts.— 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.
12. Execution of contract.— Every contract shall be made on behalf of
the Board by the Managing Director or such other officer as the Board may
nominate.
13. Delegation of Board’s power to sanction contract.— Subject to any
rule which the Government may make in this behalf, the Board may by order
direct that the power conferred on it under section 11 to sanction a contract shall
be exercised by the Managing Director.
CHAPTER III
Housing Scheme
14. Powers and duties of the Board to undertake housing schemes.—
(1) Subject to the provisions of this Act and subject to the control of the
Government the Board may, from time to time, incur expenditure and undertake
498 HOUSING BOARD ACT, 1976
works in any area in which this Act is in force for the framing and execution of
such housing schemes as it may consider necessary.
(2) The Government may, on such terms and conditions as it may think fit
to impose, entrust to the Board the framing and execution of any housing
scheme whether provided for by this Act or not, and the Board shall thereupon
undertake the framing and execution of such scheme as if it had been provided
for by this Act.
(3) The Board may, on such terms and conditions as may be agreed upon
and with the previous approval of the Government, take over execution of any
housing scheme on behalf of a local authority or co-operative society or on
behalf of an employer when the houses are to be built mainly for the residence
of his employees, and the Board shall execute such scheme as if it had been
provided for by this Act.
1[14-A. Entrustment of other functions to the Board.— Notwithstanding
anything contained in this Act, the Government may, form time to time and
subject to such conditions, if any, as it may impose, entrust such other functions
to the Board as are not provided in this Act.]
15. Matters to be provided for by housing schemes.— 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 schemes ;
(b) the laying or relaying out of any land comprised in the scheme ;
(c) the distribution or redistribution of site belonging to owners of
property comprised in the scheme ;
(d) the closure or demolition of dwellings or portions of dwellings unfit
for human habitaion ;
(e) the demolition of obstructive buildings or portions of buildings ;
(f) the construction and reconstruction of buildings ;
(g) the sale, letting or exchange of any property comprised in the
1. Inserted by Act XXI of 1985, s. 2.
HOUSING BOARD ACT, 1976 499
scheme ;
(h) the construction and alteration of street and back lanes ;
(i) provision of the drainage, water supply and lighting of the area
included in the scheme ;
(j) provision of parks, playing-fields and open space for the benefit
of any areas comprised in the scheme or any adjoining area, and
the enlargement of existing parks, playing-fields, open spaces
and approaches ;
(k) reclamation or reservation of lands for markets, gardens, playing-fields,
schools, dispensaries, hospitals and other amenities in the scheme ;
(l) letting out, management and use, of the Board premises ;
(m) provision of 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 ;
(n) provision of accommodation for any class of inhabitants ;
(o) advance of money for the purpose of the scheme on such terms and
conditions as may be determined by the resolutions ;
(p) provision of facilities for communication and transport ;
(q) collection of such information and statistics as may be necessary
for the purposes of this Act ;
(r) any other matter for which in the opinion of the Government, it is expe-
dient to make  provision with a view to provide housing accommodation
and 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 Government may, on the
recommendation of the Board, by notification in the *[Govern-
ment Gazette], specify such area surrounding or adjoining the
area included in a housing scheme to be an adjoining area.
* Now Official Gazette.
500 HOUSING BOARD ACT, 1976
16. No housing scheme to be made for area included in improvement
scheme or be inconsistent with the town planning scheme.—(1) No housing
scheme shall be made under this Act for any area for which an improvement
scheme has been sanctioned by the Government under any enactment for the
time being in force nor any housing scheme made under this Act, shall contain
anything which is inconsistent with any of the matters included in a town
planning scheme sanctioned by the Government under the Jammu and
Kashmir State Town Planning Act, 1963 or which is sanctioned by or under
the Jammu and Kashmir Development Act, 1970 or in any town planning
scheme duly made by or under any other law for the time being in force.
(2) If any dispute arises whether a housing scheme made under this Act
includes any area included in any 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 Jammu and Kashmir
State Town Planning Act, 1963 or which is sanctioned by or under the Jammu
and Kashmir Development Act, 1970 or in any two planning scheme duly made
by or under any corresponding law for the time being in force, the decision of the
Government thereon shall be final.
17. Publication and sanctioning of scheme. —(1) Unless otherwise directed
by the Government, the Board shall send a copy of  every scheme prepared under
section 14 to the Government and shall cause every such scheme to be published
in the *[Government Gazette] and in such local newspapers as it may consider neces-
sary, and shall give public notice of the date, not being less than one month after
the date, of the notice, by which any person interested may make representation
there on and when publishing such a scheme, the Board shall indicate estimates of
the capital involved and of the initial and ultimate revenues anticipated from the
said implementation of the scheme.
(2) The Board, after considering any such representation and after
making such inquiries, if any, as it thinks fit, may sanction the scheme
either without modification or subject to such modification as it thinks fit,
and either generally or in respect of any part of the area specified in the
published scheme, and shall publish the scheme as sanctioned by it, and
where the scheme has been sanctioned in respect of part of the said area, it
may subsequently be sanctioned in respect of other parts of that area :
Provided that no sanction shall be accorded by the Board to any scheme or
part of a scheme estimated to result in a capital expenditure exceeding one crore of
rupees without prior consultation with the Government.
* Now Official Gazette.
HOUSING BOARD ACT, 1976 501
(3) In respect of any scheme to which the proviso to sub-section (2) applies,
the Board shall, within one month after being advised by the Government to do so,
supply the Government with all such information incidental or supplementary to
the scheme as may be specified.
18. Power to alter or extend schemes.—The Board may, from time to time
alter or extend a scheme by a supplementary scheme made and sanctioned in
the manner hereinbefore provided :
Provided that any alterations or extensions of a scheme which are in the
opinion of the Board and the Government minor in character may be made
without preparing a supplementary scheme.
19. Carrying out of scheme.—The Board shall carry out and give effect
to a scheme as soon as reasonably practicable after it has been sanctioned and
published.
20. V esting of lands etc. in the Board. —(1) Whenever any land or part thereof
vested in any Municipality or Development Authority is included in any housing
scheme sanctioned under this Act and is required for the purposes of carrying out
such housing schemes in accordance with the programme, the Board shall give
notice accordingly to the Municipality or the Development Authority as the case
may be.
(2) Where the Municipality or the Development Authority concurs, such
land or part thereof shall vest in the Board.
(3) Where the Municipality or the Development Authority concerned,
refuses to give any such land for the purposes of sub-section (1), the matter
may be referred to the Government by the Board and the Government may after
giving hearing to both the parties issue any direction in the matter which shall
be binding on both the parties.
21. Compensation in respect of land vested in the Board. —(1) Where
any land vests in the Board under the provisions of section 20 and the Board
makes a declaration that such land shall be retained by the Board only until it
revests in the Municipality or the Development Authority as part of street or
an open space under section 24 no compensation shall be payable by the
Board to the Municipality or the Development Authority, as the case may be,
in respect of that land.
502 HOUSING BOARD ACT, 1976
(2) Where any land vests in the Board under section 20 and no declaration is
made under sub-section (1), in respect of the land, the Board shall pay to the
Municipality or the Development Authority, as the case may be, as compensation
a sum equal to the value of such land.
(3) If in any case in which 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 revest in the
Municipality or the Development Authority of such land in accordance with
the provisions of sub-section (2).
22. Power of Board to turn or close public street vested in it.—(1) The
Board may turn, divert, discontinue the public use of, or permanently close any
public street or any part thereof, vested in it.
(2) Whenever the Board discontinues the public use of, or permanently
closes, any public street or any part thereof vested in it, it shall, as far as
practicable, provide some other reasonable means of access to be substituted
in lieu of the use, by those entitled, of the street or part thereof and pay
reasonable compensation to every person who is entitled, otherwise than as a
mere member of the public, to use such street or part as a means of access and
has suffered damage from such discontinuance or closing.
(3) In determining the compensation payable to any person under sub-
section (2), the Board shall make allowance for any benefit accruing to him
from the construction, provision or improvement of any other public street at
or about the same time that the public street or part thereof, on account of
which the compensation is paid, is discontinued 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.
23. Reference to Tribunal in case of dispute under sections 21, 22, 26.— If
there is any dispute as to whether any compensation is payable under section 21
or as to the amount of compensation payable under section 22 or section 26 as
the case may be, the matter shall be referred to the Tribunal.
24. Vesting in Municipality of streets laid out or altered and open space
provided by the Board under housing scheme.—(1) Whenever the Government
is satisfied,—
HOUSING BOARD ACT, 1976 503
(a) that any street laid out or altered by the Board has been duly
levelled, paved, metalled, flagged, channelled, sewered and
drained as required for any housing scheme included in the
budget approved by the Board ; and
(b) that such lamps, lamp posts and other apparatus as the Municipality
considers necessary for the lighting of such street 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 Government may declare the street to be a public
street and the street shall thereupon vest in the Municipality and shall
thenceforth be maintained, kept in repair, lighted and cleared by the
Municipality.
(2) When any open space for purposes of ventilation or recreation has
been provided by the Board in executing any housing scheme, the Board may
at its option by resolution 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 at the expenses of, the local authority :
Provided that the local authority may require the Board, before any such
open space is so transferred to enclose, level, turf, drain and lay out such
space and provide footpaths therein, and if necessary, to provide lamps and
other apparatus for lighting it.
(3) If any difference of opinion arises between the Board and the Municipality
in respect of any matter referred to in the foregoing provisions of this section, the
matter shall be referred to the Government whose decision shall be final.
25. Other duties of the Board. —(1) It shall be the duty of the Board to
take necessary measures to maintain, allot, lease and otherwise use the Board
premises and to collect rents, compensation and damage in respect thereof.
(2) The Board may—
(i) provide technical advice to the Government and scrutinise projects
under housing scheme in the area to which this Act extends when
required by the Government to do so ;
(ii) under take research on various problems connected with housing
in general and find out in particular the economical methods of
constructing houses suited to local conditions ;
504 HOUSING BOARD ACT, 1976
(iii) undertake comprehensive surveys of problems of housing ;
(iv) do all things for,—
(a) unification, simplification and standardisation of building
materials ;
(b) encouraging or undertaking pre-fabrication and mass
production of house components ;
(c) organising or undertaking the production of building materials
for residential or non-residential house ;
(d) securing a steady and sufficient supply of workmen trained
in the work of construction of buildings.
CHAPTER IV
Acquisition and disposal of land
26. Power to acquire.—Notwithstanding anything contained in any law
for the time being in force the Board may,—
(1) 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; and
(2) 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 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 Land
Acquisition Act.
27. Betterment charges.—(1) When by making of a housing scheme any
land in the area comprised in the scheme will, in the opinion of the Board, be
increased in value, the Board in framing the scheme may declare that better-
ment 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 land from the
execution of the scheme.
HOUSING BOARD ACT, 1976 505
(2) Such increase in value shall be the amount be the amount of 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 subject to maximum of one-half of such increase in value as the Board
may determine.
(3) Such betterment charges shall also be leviable in respect of any land
not comprised in the scheme but declared by the Government to be adjacent to
the area comprised in the scheme.
28. Notice to persons liable for betterment charges.—(1) The Board
shall give notice in the prescribed form to any person who is the owner of or
has interest in the land in respect of which the betterment charges are to be
levied and shall give such person an opportunity to be heard.
(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 inquiry and after hearing the person
concerned, assess the amount of the betterment charges payable by that person.
29. Agreement for payment of betterment charges. —(1) Any person
liable to pay betterment charges in respect of any land may at his option
instead of paying the same to 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 from any person in respect of betterment charges
and every charge referred to in 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.
506 HOUSING BOARD ACT, 1976
30. Recovery of betterment charges.— All sums payable in respect of
any land by any person in respect of betterment charges under section 27 or
by any person under an agreement under section 29 shall be recoverable on
behalf of the Board as an arrear of land revenue.
31. Power to dispose of land.— Subject to any rules made by the
Government under this Act, the Board may retain, lease, sell, exchange or
otherwise dispose of any land, any building or other property vesting in it
and situated in the area comprised in housing scheme permitted under this
Act.
32. Disputes regarding reconstitution of plots. —(1) Where by making
of a housing scheme any plots comprised in the area included in the scheme
are reconstituted or any person is dispossessed, any person affected by such
reconstitution or 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.
(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.
33. Constitution of the Tribunal. —(1) The Tribunal shall consist of
President and two assessors. The President and assessors shall be appointed
by the Government.
(2) Each assessor of the Tribunal shall receive such remuneration as the
Government may determine. The remuneration shall be paid by the Board to
the President of the Tribunal for distribution.
34. Duties of the Tribunal.—It shall be the duty of the Tribunal to—
(a) decide whether any compensation is payable under section 21;
(b) decide the amount of compensation in matters referred to it under
section 22;
(c) decide disputes relating to betterment charges referred to it under
section 28 ;
(d) decide disputes relating to the reconstitution of plots referred to it
under section 32 and the amount of compensation to be awarded in
consequence thereof ;
HOUSING BOARD ACT, 1976 507
(e) decide such other matters as may be prescribed by rules made in
this behalf.
35. Powers of the President. —(1) In hearing and deciding any matters
referred to the Tribunal under this Act,––
(a) if there is any disagreement between the President and the assessors
of the Tribunal on a point of fact, the opinion of the majority shall
prevail ; and
(b) if there is any disagreement between the President and the assessors
of the Tribunal on a point of law or procedure, the assessors shall be
bound by the opinion of the President.
(2) The decision of the President as to what is the question of law or fact
shall be final.
36. Powers of and procedure before Tribunal. —(1) In making inquiries
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
examining him on oath ;
(c) compelling the production of documents ; and
(d) issuing commissions for the examination of witnesses.
(2) In all proceedings before the Tribunal, the Tribunal shall follow the
procedure as may be prescribed by rules made by the Government in this
behalf.
(3) Every order made by the Tribunal for the payment of money except that
for the recovery of which provision has been made in section 29 and for the
delivery of the Possession or removal of any structure shall be enforced by the
District Court in the jurisdiction of which the land comprised in the housing
scheme is 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 
1
[sections 193 and 228 of the Indian Penal Code
(45 of 1860)].
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “sections 193 and 228 of the Ranbir Penal
Code”.
508 HOUSING BOARD ACT, 1976
37. Decision of Tribunal to be final.— 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.
CHAPTER V
Power to Evict Persons from Board Premises
38. Appointment of competent  authorities.—The Government may by
notification in the *[Government Gazette], appoint an officer who holds or
has held office, which in its opinion is not lower in rank than that of an
Assistant Commissioner or an Executive Engineer, to be the competent
authority for performing the functions of the competent authority under
this Act in such area or in respect of such premises or class of premises, as
may be specified in the notification, and more than one officer may be
appointed as competent authority in the same area in respect of different
premises or classes of premises.
39. Non-applicability of other laws.— Nothing in 
1
[the Jammu and Kash-
mir Residential and Commercial Tenancy Act, 2012] shall apply to the Board
premises under this Act.
40. Power to evict certain persons from Board premises.—(1) If the
competent authority is satisfied,—
(a) that the person authorised to occupy any Board premises has—
(i) not paid rent lawfully due from him in respect of such
premises for a period of more than two months, or
(ii) subject, without the permission of the Board, the whole or
any part of such premises, or
(iii) committed, or is committing any act contrary to the provisions
of clause (o) of section 108 of the 
2
[Transfer of the Property
Act, 1882 (4 of 1882)], or
(iv) made, or is making, material additions to or alteration in such
premises without previous written permission of the Board, or
* Now Official Gazette.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “the Jammu and Kashmir Houses and
Shops Act, 1966”.
2. Substituted ibid for “Transfer of Property Act, Svt. 1977”.
HOUSING BOARD ACT, 1976 509
(v) otherwise acted in contravention of any of the terms, ex-
press or implied, under which he is authorised to occupy
such premises ; and
(b) that any person is in unauthorised occupation of any Board premises
the competent authority may, by notice served—
(i) by post,
(ii) by affixing a copy of it on the outer door or some other con-
spicuous part of such premises,
(iii) in such other manner as may be prescribed,
order that person as well as any other person who may be in occupation of the
whole or any part of the premises, shall vacate them within one month of the
date of the service of the notice.
(2) Before an order under sub-section (1) is made against any person the
competent authority shall inform the person by notice in writing of the grounds for
which the proposed order is to be made and give him a reasonable opportunity of
tendering an explanation and producing evidence, if any, and to show cause why
such order should not be made, within a period to be specified in such notice. If such
person makes an application to the competent authority for extension of the period
specified in the notice, the competent authority may grant the same on such terms as
to payment and recovery of amount claimed in the notice as he deems fit. Any
written statement put in by such person and documents produced in pursuance of
such notice shall be filed with the record of the case and such person shall be
entitled to appear before the officer proceeding in this connection by the 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 the purpose use such force as may
be necessary.
Explanation :— For the purposes of this section and section 41 the expression
“authorised 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.
510 HOUSING BOARD ACT, 1976
41. Power to recover rent or damages as arrears of land revenue.—
(1) Subject to any rules made by the Government in this behalf and without
prejudice to the provisions of section 40 where any person is in arrears 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 of it on the outer door or some other conspicu-
ous part of such premises, or
(iii) in such other manner as may be prescribed,
order that person to pay the same within such time not less than ten days as
may be specified in the notice. If such 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 manner, and having regard to
the principles of assessment of damages, prescribed in this behalf assess
such damages on account of the use and occupation of the premises as it
may deem fit, and may 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 specified in
the notice. If any person refuses or fails to pay, the damages may be recovered
from him as arrears of land revenue.
(3) No order shall be made under sub-section (2) until after the issue of a
notice in writing to the person calling on him to show cause within a reasonable
period to be specified in such notice, why such order should not be made and
until his objections, if any and any evidence he may produce in support of the
same have been considered by the competent authority.
42. Rent to be recovered from deduction from salary or wages in certain
cases. —(1) Without prejudice to the provisions of section 41 any person who
HOUSING BOARD ACT, 1976 511
is an employee of the Government or of a local authority who has been allotted
any Board premises may execute an agreement in favour of the Government
providing that the 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 agreement and to
pay the amount so deducted to the Board in satisfaction of the rent due by him
in respect of the Board premises allotted to him.
(2) On the execution of the agreement, the Government or local authority,
as the case may be, shall if so required by the Board by requisition in writing
make the deduction of the amount specified in the requisition from the salary
or wages of the employee specified in the requisition in accordance with the
agreement and pay the amount so deducted to the Board.
43. Appeal. —(1) Any person aggrieved by an order of the competent
authority under section 40 may within one month of the date of the service of
the notice under section 40 or section 41, as the case may be, prefer an appeal
to the Government :
Provided that the Government may entertain the appeal after the expiry of
the said period of one month, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1) the Government may
after calling for a report from the competent authority and after making such
further inquiry, if any, as may be necessary, pass such order as it thinks fit and
the order of the Government shall be final.
(3) Where an appeal is preferred under sub-section (1) the Government
may stay the enforcement of the order of the competent authority for such
period and on such conditions as it thinks fit.
44. Bar of jurisdiction of Civil Court.— No Civil Court shall have
jurisdiction to entertain any suit or proceeding in respect of the eviction of
any person from any Board premises under this Chapter or the recovery of
the arrears of rent or damages for use or occupation of such premises, or in
respect of any order made or to be made or any action taken or to be taken
by the competent authority or the Government in exercise of any power
conferred by or under this chapter or to grant any injunction in respect of
such order or action.
512 HOUSING BOARD ACT, 1976
CHAPTER VI
Finance, Accounts, Budget and Audit
45. Expenditure etc. incurred by Government till Board takes over. —
(1) The Government may transfer any of the existing housing schemes either
completed or being undertaken by it to the Housing Board. The value of the
assets thus transferred will be treated as a loan to the Housing Board from the
Government on such terms and conditions as may be laid down in that behalf.
(2) All debts raised and expenditure incurred, all contracts entered into
and all matters and things engaged to be done by, with or for the Government
for the purposes of the housing scheme transferred to the Housing Board shall
be deemed to have been incurred, entered into or engaged to be done by, with
or for the Board ; and also suits and other legal proceedings instituted or
which may be instituted by or against the Government shall be contained or, as
the case may be instituted by or against the Board.
(3) All the assets in respect of the housing scheme referred to in
sub-section (1) and all assets acquired by the expenditure referred to in
sub-section (2) upon the declaration made by the Government under that
sub-section shall vest in the Board for the purposes of this Act.
46. The Board Fund. —(1) The Board shall have its own fund.
(2) The Board may accept grants, subventions, donations and gifts from
the Central or *[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) All moneys received by or on behalf of the Board by virtue of this Act,
all proceeds of land or any other kind of property sold by the Board, all rents,
betterment charges and all interest, profits and other moneys accruing to the
Board shall constitute the fund of the Board.
(4) Except as otherwise directed by the Government, all moneys and receipts
specified in the foregoing provisions and forming part of the fund of the Board
shall, be deposited in the Jammu and Kashmir Bank, or in any Scheduled Bank or
invested in such securities as may be approved by the Government.
(5) Such account shall be operated upon by such officers as may be
authorised by the Board.
* Now Government of the Union territory of Jammu and Kashmir.
HOUSING BOARD ACT, 1976 513
47. Application of the fund.— All property, fund and all other assets
vesting in the Board shall be held and applied by it, subject to the provisions
and for the purposes of this Act.
48. Subventions and loans to the Board. —(1) The Government may
from time to time make subventions to the Board for the purposes of this Act
on such terms and conditions as the Government may determine.
(2) The Government may from time to time advance loans to the Board on
such terms and conditions not inconsistant with the pro

Excerpt shown. Open the full act in Lexace.

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