The Jharkhand State Housing Board Act 2000

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CONTENTS
THE
BIHAR STATE HOUSING BOARD ACT, 1982
Section Page
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 7
2. Definition 8
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. Creation and incorporation of the board 9
4. Constitution of the Board 10
4a Constitution of an Executive Committee 10
5. Disqualification for appointment as member of the Board 10
6. Terms of office of Chairman and non-official members 11
7. Terms of pay and allowances of the Chairman and the Managing Director 11
8. Leave of absence of the Chairman and Managing Director and appointment of
acting Chairman 11
9. Removal of the Chairman and other non-official members 12
10. Filling of casual vacancies in certain case 12
CHAPTER III
CONDUCT OF BUSINESS OF THE BOARD AND ITS COMMITTEES.
11. Board and the Executive Committee meeting 12
11 a.1 Executive Committee to deal with any matter 13
12. Temporary association of persons with the Board for particular purposes 13
13. Appointment and function of the Committee 13
14. Members of the Board or Committee or persons associated with the
Board not to take part in proceedings in which they are personally interested 14
15. Acts to the board or committee not to be invalidated by any infirmity, etc. 14
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CHAPTER IV
OFFICERS AND EMPLOYEES
16. Appointment of officers and employees 15
17. Conditions of service of officers and employees of the Board 15
18. Promotions and punishment of the officers and employees of Board 16
19. Service regulations 17
20. Statement of strength and remuneration of staff 17
21. Housing Units 17-18
22. Control and delegation by Managing Director 18
23. Power to set aside resolution or order of the Board 18-19
Chapter V
EXECUTION OF CONTRACTS
24. Execution of contracts and approval of estimates 19-20
25. Delegation of Board's power to sanction contracts 20
26. Further provisions as to execution of contracts 20
Chapter VI
FUNCTIONS AND POWERS OF THE BOARD
27. Powers and duties of the Board to undertake housing improvement schemes and their
expenditure 20
28. Types of Schemes 20-21
29. Matters to be provided by housing or improvement schemes 21-22
30. No Housing or improvement scheme to be inconsistent with the Master Plan 22-23
31. Preparation and submission of annual programme, budget and establishment
Schedule 23
32. Sanction of programme and establishment schedule 23
33. Publication of programme and budget 23-24
34. Supplementary programme and budget 24
35. Variation in programme and budget 24
36. Sanctioned housing scheme to be executed 24
37. Transfer to Board for purposes of housing or improvement
Scheme or land vested in local authority 24
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38. Compensation in respect of land vested in the Board 24-25
39. Power of Board to divert or close public street vested in it 25
40. Reference to Tribunal in case of dispute 25
41. Bar to application of certain laws of a local authority 25
Regarding closure
42. Repairs of streets vested in the Board 25
43. Transferring streets laid out or altered and open space
Provided by the Board under a housing or an improvement Scheme 25-26
44. Prevention or restriction of traffic in street vested in the Board
During progress of work 26
45. Other duties of the Board 26-27
46. Reconstitution of Plots 27
47. Supervision and centage charge 27
48. Power to exempt 27
CHAPTER VII
ACQUISITION AND DISPOSAL OF LAND
49. Power to acquire land 27-28
50. Power to purchase or lease by agreement 28
51. Power to dispose of land 28-29
CHAPTER VIII
CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
52. Constitution of a Tribunal for certain Purposes 29
53. Officers and servants of the Tribunal 30
54. Payments by Board on account of tribunal 30
55. Power to make rules for Tribunal 30
56. Appeals from award of Tribunal 30
57. Enforcement of the award or order of the Tribunal 30
CHAPTER IX
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EVICTION FROM AND RECOVERY OF RENT AND
DAMAGES RELATING TO BOARD PREMISES
58. Exclusion of the Bihar Buildings (Lease, Rent and Eviction)
Control Act III of 1947 30-31
59. Summary procedure for eviction and recovery of rents 31
59a. Recovery of rent premium or any kind of dues, or damages 36
59b. Cases filed under Govt. Premises Act, 1956 36
60. Appeal 36
61. Recovery of rent through deduction from salary of wages 37
62. Bar or jurisdiction of Courts 37
CHAPTER X
FINANCE
63. Debts and expenditure, etc. Till the Board is established 37-38
64. Board's fund 38
65. Application of the Fund 39
66. Expenditure in case of urgency 39
67. Appropriation form one head to another 39
68. Subventions and loans to the Board 39
69. Power of the Board to borrow and lend 39
70. Establishment and maintenance of sinking funds 39-40
71. Power to discontinue payment into sinking fund 40
72. Investment of sinking Fund 40
73. Payment by cheque 40
74. Duty of Managing Director and other before signing cheque 40
75. Keeping of capital account and revenue account 40
76. Account and audit 41
77. Concurrent and special audit of accounts 41
CHAPTER XI
PENALTIES AND PROCEDURES
78. Penalty for unauthorised construction without approval or 41-42
Construction in violation of provision of rules/regulations
79. Penalty for failure to comply with requisition made by auditor 42
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80. Penalty for obstructing contractor or removing mark 42-43
81. Penalty for breach of the provisions of this Act 43
82. Compensation to be paid by offenders for damage caused by 43
them
83. Penalty for contravention of bye-laws 43
83A. In addition to and without prejudice to the rights available to
The Board under the provisions of this Act or any other law
or rules in force the Board shall be entitled to the following by
way of damages 43-44
84. Penalty for obstructing exercise of powers 44
85. Punishment for acquiring share or interest in contract, act,
with the Board 44
86. Offence by Companies 44
87. Procedure 44
88. Duties of police officers 44-45
89. Arrest of offenders 45
90. Power of the Managing Director as to institution, composition
etc. of legal proceedings and obtaining legal advice 45
91. Protection of action taken in good faith 45
92. Notice of suit against Board etc. 45
93. Proof of consent; etc. of Board or Managing Director
Officer or employees of the Board 45-46
94. Mode of proof of document of the Board 46
95. Copies from assessment books to be furnished by local
authorities to Board 46
96. Power of Managing Director to direct removal of
Unauthorised erection etc. within street assignment, etc. 46
97. General power of the Board to pay compensation 46
98. Public notices how to be made known 46
99. Newspapers in which advertisements or notice are to be
Published 46
100. Stamping signature of notice or bills 46-47
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101. Service how to be affected 47
102. Power to make surveys, or contribute towards their cost 47
103. Power of entry 47-48
CHAPTER XII
MISCELLANEOUS
104. Members, officers and employees of the Board, Committees
and Tribunals deemed to be public servants 48
105. Contributions by the Board towards leave, allowances and
Pension of servants of the Central or State Government
employed under this Act 48
106. The Board and Managing Director to exercise powers and
function under the Bihar and Orissa Municipal Act, 1922 48
107. Supply of documents and information to the Government 48
108. Submission of administration report to Government 48-49
109. Power of Government to give directions to the Board and
Local authorities 49-50
110. Supersession of the Board 50-51
111. Dissolution of the Board 51
112. The Board to be a local authority under Act 1 of 1894 and
Act 9 of 1914 51
113. Execution and registration of contracts, etc. 51
CHAPTER XIII
RULES AND REGULATIONS
114. Power to make rules 51-52
115. Power to make regulations 52
116. Power to make bye-laws 52-53
117. Power of Government to Cancel rules, regulation and
bye-laws made under section 114,115 &116 53
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118. Power to remove difficulties 53
119. Repeal and saving 53
Schedule 53-54
Bihar State Housing Board (Management and Disposal of Housing Estates),
Regulation, 1983 54-64
The
Bihar State Housing Board Act, 1982
(Bihar Act 57 of 1982)
An Act to provide for housing for the establishment of A State Housing Board
and for certain other matters connected therewith.
Be it enacted by the Legislature of the State of Bihar in the Thirty-third year of
the Republic of India as follows:-
Chapter I
PRELIMINARY
1. Short title, extent and commencement. --- (1) This Act may be called the
Bihar State Housing Board Act, 1982.
(2) It extends to the whole of the state of Bihar:
Provided that house-building activities of the Coal Mines Labour Housing Board under
the Coal Mines Labour Welfare Funds Act, 1947 (Act 32 of 1947) and similar house-
building activities of the Mica Mines and Iron Ore Mines Welfare Funds will remain
outside the scope of the Housing Board.
(3) It shall come into force at once.
2. Definitions. - In this Act unless there is anything repugnant it the subject or
context.-
(1) "adjoining area" means such area as may be specified to be and adjoining area
under section 29:
(2) "appointed day" in relation to any area. Means the day on which this Act
comes into force in that area:
(3) "Board" the Bihar State Housing Board constituted under section 3;
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(4) "Board premises" means any premises belonging to or vesting in, the Board or
taken on lease by the Board or any premises which is entrusted to the Board under this
Act for management and use for the purposes of this Act;
(5) "building" means house, outhouse, stable ,shed, hut (other than a hut made of
mud appurtenant to or situated in a cultivated field in any area outside the limit
of a  city municipality, town area or notified area) or other enclosure or
structure, whether or masonry, bricks, wood, mud, metal or any other material
whatsoever, and whether used as a human dwelling or other wise and
includes any veranda, platform plinth, staircase, doorstep or wall including
compound wall other than a boundary wall of a garden or of agricultural land
not appurtenant to a house but does not include a tent or other such portable
temporary shelter;
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(6) "building materials" means such commodities or articles as are specified to be
building materials for the purposes of this Act by the State Government by
notification in the official Gazette:
(7) "bye-laws" means bye-laws made under Section 116;
(8) "Chairman" Means the Chairman of the Board"
(9) "Managing Director "Means the Managing Director of the Board:
(10) "Committee" means any committee appointed under section 13;
(11) "competent authority" means any person or authority authorised by the
Government by notification to perform the functions of the competent authority
under Chapter IX for such area as may be specified in the notification;
(12) "Government" means the State Government;
(13) "housing or improvement scheme "means a scheme framed under this Act and
includes any one of the types of schemes referred to in section 28;
(14) "land" includes benefits to arise out of land, and things attached to the earth or
permanently fastened to anything attached to the earth"
(15) "member" means the member of the Board, and includes the Chairman of the
Board;
(16) "municipality" means any area to which the Bihar and Orissa Municipal Act,
1922(B. &O. Act VII of 1922) applied and includes any area comprised within
the limits of a municipal corporation established and constituted under any law
for the time being in force and a notified area constituted under XIV of the
Bihar and Orissa Municipal Act, 1922 (B.& O. Act VII of 1922)
Explanation.----- A  municipality includes a notified area constituted under
chapter XIV of The Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of
1922).
(17) "owner" includes the person for the time being receiving or entitled to receive,
whether on his own account or as agent trustee, guardian, manager or
receiver for another person or for any religious or charitable purpose the rents
or profits of the property in connection with which the word is used;
(18) "premises" means any land or building or part of a building and includes- (1) the
garden, grounds and outhouses, if any appurtaining to such building or part of
a building
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1. The garden, grounds and outhouses, if any appurtaining to such building
or part of building.
2. any fittings affixed to such building or part of a building for the more
beneficial enjoyment thereof ; and
3. roadside land adjoining park, garden, roads, drains, water lines, sewer
lines or area or vacant plot adjoining thereto;
(19) "prescribed' means prescribed by rules made under this Act;
(20) "regulations" means the regulations made under this Act;
(21) "rules" means the rules made under this Act;
(22) "secretary" means the person for the time being appointed by the state
Government to discharge the function of the secretary to the Board;
(23) "state" means the State of Bihar
(24) "tribunal" means the tribunal constituted under section 52;
(25) "unit" means a Housing unit established under section 21;
(26) "year" means the financial year; and
(27) Excepting clauses (6) and (17) references to a "city" or "municipality"  shall be
construed as including references to areas lying within a distance of five
kilometres beyond the limits of such city or municipality.
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. Creation and incorporation of the board.- (1) the duty of carrying out the
provisions of this Act shall subject to the restrictions, conditions and
limitations therein contained, be vested in a board to be called "The Bihar
state housing board" , and such board shall be a body corporate and have
perpetual succession and common seal, and shall by the said name sue and
be sued.
(2) For the purposes of the land Acquisition Act, 1894 (Act I of 1894), the Local
Authorities Loans Act, 1914(Act 9 of 1914), any other law for the time being in force
the Board shall be deemed to be a local authority.
(3) The Board shall have its head office at a place to be specified by the State
Government and also an office at the headquarters of each unit and may have
offices at such other places as it may consider necessary or be directed by the
State Government.
4. Constitution of the Board. - (1) The Board shall consist of the following members. Namely:-
(a) A Chairman appointed by the State Government.
(b) A Managing Director appointed by the State Government,
(C) A Secretary appointed by the State Government, who shall be the Member
Secretary of the Board,
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(d) Secretary to Government of Bihar, housing Department or the representative --
--- ex – officio.
(e) Finance Commissioner or a representative nominated by him who will not be an
officer below the rank of Special Secretary or Additional Secretary –ex officio,
(f) Special Secretary to Government of Bihar, Planning Department – ex-officio,
(g) Chief Engineer, Public Health Engineering Department –Ex-officio
(h) Chief Engineer, Housing Board- ex-officio
(j) Four non –official member, having knowledge of Housing Problems in the State
and Special qualification in this respect, appointed by the State Government
(2) The appointment of Chairman and members specified in clauses (a) to (j) of
sub-section (1) shall be notified in the Bihar Gazette.
4A. Constitution of an Executive Committee.- - There shall be an Executive
Committee consisting of five members including the Managing Director who shall
be the Chairman of the Committee. Other four members shall be the following:-
(i) One non-official member nominated by the State Government ort of the non –
official members of the Board.
(ii) Chief Engineer of the Housing Board; and
(iii) Two members nominated by the State Government out of the remaining ex-
officio members of the Board.
5. Disqualification for appointment as member of the Board – (1) A person
shall be disqualified for being appointed as, and for being a member of the
Board if he-
(a) Has been convicted by a criminal court for an offence involving moral
turpitude, unless, such conviction has been set aside,
(b) is an applicant to be adjudicated a bankrupt or insolvent or is an
uncertificated bankrupt or undischarged insolvent,
(c) holds any office or place of profit under the Board,
(d) Has directly or indirectly, by himself or by any partner, employer or
employee any share or interest in contract or employment with, by or on behalf
of, the Board.
(e) is a director or a secretary manager or other  salaried officer or any
incorporated company which has any share or interest in   contract or
employment with by or on behalf of the Board, or
(f) Is of unsound mind :
Provided that nothing contained in clause (c) shall apply to the Chairman.
(2) A person shall not however, be disqualified under clause (d) or clause
(e) of sub-section (1) or be deemed to have any share or interest in any contract
or employment within the meaning of those clause, by reason only of his or the
incorporated company of which he is a director, secretary, manager or other
officer, having a share or interest in
(i) Any sale, purchase, lease or exchange of immovable property or any
Agreement for the same
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(ii) Any agreement for the loan of money or any security for the payment
of money only,
(iii) Any newspaper in which any advertisement relating to the affairs of
The Board of inserted, and
(iv) The occasional sale to the Board to a value not exceeding two thousand
rupees in any one year, of any article in which he or the incorporated
company regularly trades.
(3)         A person shall not also be disqualified under clause (d) or clause (e) of sub
section (1) or be deemed to have any share or interest in incorporated
company which has any share or interest in any contract or employment
will, by on behalf of the Board, the board by reason only of his being a
share holder of such company:
Provided that such person discloses to the Government the nature and
extent of the Shares held by him.
6. Term of office of Chairman and non-official members.-(1) Subject to
the provisions of section 10 the term of office of members including the
Chairman but not including the ex-officio members shall be three years
commencing on the data on which their appointment is notified:
Provided in case of an official Chairman he shall be deemed to have
vacated his office on transfer, resignation or retirement:
Provided further that the State Government may by notification extend the
said period by an period not exceeding six months.
(2) A member shall, if not disqualified for any of the reasons mentioned in section 5, be
eligible for re-appointment at the end of his terms of office.
(3) Any non- official member may resign his office by giving notice in writing to the
Government but he shall continue in office until his resignation is accepted by the Government,
7. Terms of pay and allowances of the Chairman and the Managing Director- (1)
Chairman and the Managing Director shall be paid such salary and allowances as may be fixed by
the Government;
Provided in the event of non-official person being appointed as Chairman, he shall be part
time officer and his chief function shall be to preside over meeting of the Board.
8. Leave of absence of the Chairman and Managing Director and appointment of acting
Chairman- (1) The Government may, from time to time, grant to the Chairman and Managing
Director such leave as may be admissible under the rules.
(2) whenever the Chairman is out of the state and the period of his absence exceeds 15 days
or the Chairman for some reasons, is unable to perform his duties or for some reasons the post of
Chairman is vacant, or the Chairman has resigned from his post, the Managing Director shall
perform all the duties of the Chairman till such time that regular appointment is not made to the
post of the Chairman under the provisions of this Act.
(3) The Chairman and Managing Director shall draw their tour programme with the approval of the
State Government.
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9. Removal of the Chairman and other non-official members. - (1) If at any time it appears to
the Government that the Chairman has shown himself to be unsuitable for his office or has been guilty of
any misconduct or neglect which renders his removal expedient, they may notification, remove the
Chairman from office.
(2) The Government may, by notification, remover any non-official members from office-
(a) If he has, without the permission of the Board, been absent for more than three consecutive
meeting of the Board, or
(b) if he has been absent from the of the Board for any period exceeding that permitted under
section 10, or
(c) if he being a legal practitioner, acts or appears on behalf of any person other than the Board in
any civil criminal or other legal proceedings in which the Board is interested, either as a party or
otherwise, or
(d) if he, in the opinion of the Government contravened the provisions of section 14, or
(e) if he has , in the opinion of the Government, is unsuitable or has become incapable of acting as
a member, or has so abused his position as a member as to render his continuance as such member
detrimental to the public interest.
(3) A non-official member removed under any of the provisions of clauses (a) to (c) of sub-section
(2) shall be disqualified for appointment as a member for a Period of three years from the date of
his removal unless otherwise ordered by the Government.
(4) A non-official member removed under clause (e) of sub- section (2) shall not be eligible for
reappointment until he is declared by an order of the Governed to be no longer eligible,
(10) Filling of casual vacancies in certain case.- if any member other than the ex-officio member
is permitted by the Board to absent himself from its meeting for a period exceeding six months, or if
any such member dies, resigns his office, or is removed from office under section 9, the vacancy
shall be filled within two months by a fresh appointment and any person appointed to fill such
vacancy shall enter upon office forthwith but shall hold office only so long as the vacancy lasts in
case of absence, and for the unexpired portion of the term of office in other cases:
Provided that the person so appointed is eligible for being appointed as a member to the
provisions of section 4 of the Act and is not disqualified under: - section 5.
CHAPTER III
CONDUCT OF BUSINESS OF THE BOARD AND ITS COMMITTEES.
11. (1) The Board and the Executive Committee shall meet at such times and places and shall
observe such rules of procedure in regard to transaction to business at its meetings as may
be provided by reregulation made under this Act.
(2) All questions at a meeting shall be decided by a majority of votes of the members
presents, and in the case of equality of votes, the Chairman or in his absence, any other
person presiding, shall have a second or casting vote.
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(3) If any reason the Chairman of the Board or the Chairman of the Executive Committee
is unable to attend any meeting of the Board or, as the case may be, of the Executive
Committee - -
(a) in the case of the meeting of the Board, a Director, not being the Managing Director,
authorised by the Chairman of the Board in writing, shall preside at such meeting but if the
Director so authorised is absent or if no such authorisation has been made, the Board may
elect a Director to preside at that meeting, and
(b) in the case of the meeting of the Executive Committee a member authorised in writing
by the Chairman of the t Committee shall president at the meeting but if the  member so
authorised is absent or if no such authorisation has been made , the Committee may elect any
of its members to president at that meeting.
11A. (i) Subject to such general or special directions as the Board may from time to time give,
the Executive Committee may deal with any matter within the competence of the Board.
(ii) The minutes of every meeting of the Executive shall be laid before the Board at the
next following meeting of the Board.
12. Temporary association of persons with the Board for particular purposes. – (1)
The board may associate with itself in such manner and for such purpose as  may be
prescribed by regulations, any person whose assistance or advice it may desire for the
purpose of carrying into effect any of the provisions of the Act.
Provided that number of persons so associated shall not be more than five.
(2) A person associated with the Board under sub-section (1) for any purpose shall have the
right to take part in the deliberation of the Board relevant to that purpose but shall not have the
right to vote.
(3) The Government may by order depute one or more of its officers to attend any meeting of
the Board and to take part in the deliberations of the Board but such officer or officers shall not
have the right to vote.
13. Appointment and functions of the Committee. (1) Subject to any rules made under this
Act. The board 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 function as it may
delegate to them and any such Committee may discharge such duties or perform such
function with due regard to the circumstances and requirements of that particular areas.
Provided that no Committee shall consist of less than three and more than seven members.
(2) The Managing Director or such other person, as he may nominate in this behalf, shall be
the President of He Committee and the Committee shall observe such rule of procedure in
regard to transaction of business at its meetings as may be prescribed by regulations.
(3) Every Committee shall carry out any instructions given to it by the Board and every final
decision of such committee shall subject to any rule to the Contrary be laid before the board
for confirmation.
(4) The Board may at any time, for reasons to be recorded in writing, dissolve or subject to the
provisions of sub-section (1) after the constitution of any such committee to modify or set
aside the decision of the Committee.
(5) No business shall be transacted at any meeting of the Committee unless there be present
at least one half of the number of the members constituting the Committee.
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14. Member of the Board or Committee or persons associated with the Board not to
take part in proceedings in which they are personally interested. –
(1) A member or a person associated with the Board under section 12 or a member of any
Committee who –
(a) has, directly or indirectly by himself or by any partner, employee or employed any such
share or interest as is described in sub-section (2) of section 5 in respect of any matter, or
(b) has, acted professionally, in relation to any matter, on behalf on any person having therein
any such share or interest as aforesaid, shall not vote or take part in any proceedings of the
Board or any Committee relating to such matter.
(2) If any member or any person associated with the Board under section 12 or any member
of a Committee appointed under section 13 has, directly or indirection, any beneficial interest
in any land situated in an area comprised in any housing or improvement scheme framed
under this Act or in an area in which it is proposed to acquire land for any of the purpose of
this Act –
(i) He shall at a meeting relating to such area of the Board or any Committee inform the
person presiding of the nature of such interest, and
(ii) Nothing in sub-section (2) shall prevent any member or any person associated with the
board under section 12 or any member of a Committee appointed under section 13form voting
on or taking part in, the discussion of any resolution or question relating to any subject other
than a subject referred to in that sub-section.
15. Act of the Board or Committee no to be invalidated by any infirmity, etc. - No Act
done or proceedings taken under the Act by the Board or any Committee shall be
invalidated merely on the ground.
(a) Of any vacancy or defect in the constitution of the Board or the Committee; or
(b) Of any defect or irregularity in the appointed of a person acting as a member thereof; or
(c) Of any defect or irregularity in such act or proceeding not affecting the merits of the
case.
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CHAPTER IV
OFFICERS AND EMPLOYEES
16. Appointment of officers and employees. ------ (1) The Board shall have a Chairman, a
Managing Director, a Secretary, a Housing Chief Engineer, a Chief Accounts Officers and
such other officers and employees, as it considers necessary for the efficient performance
of its functions.
(2) (a) The appointment of the Chairman, Managing Director, Secretary, the Housing Chief
Engineer and Chief Account and employees of the Board shall be made by the Board,
(b) The Secretary to the Board shall perform the following functions:-
(i) Submission of matters for consideration or orders of the Board,
(ii) Communication of orders and resolutions of the Board,
(iii) Control over the general administration of the Board, and
(iv) Functions prescribed by the State Government from time to time,
(3) Subject to the provision of sub-section (1) ---
(i) The Board may, with the previous approval of the State Government sanction the creation
of any post the maximum scale of which exceeds rupees one thousand five hundred and
eighty per month provided appointment to such a post will be made in consultation with the
Public service Commission of the State, and prior approval of the Government.
(ii) The Board shall have power to create posts in its establishment the maximum pay- scale
which does not exceed rupees one thousand five hundred and eighty per month provided
the appointment to a post above the monthly income of rupees eight hundred and forty will
be made in consolation with the Public Service Commission of the State.
(iii) (a) The Managing Director may appoint temporarily for a period not exceeding three
months, such officers or employees, as may, in his opinion, be required for the purposes of
this Act, and the employment of whom for any particular work has not been prohibited by
any resolution of the Board. The Managing Director shall not appoint or extend the
services of any such officer beyond three months without the prior approval of the Board
and the prior sanction of the Government.
(b) Every appointment made under clause (a) shall be reported by the Managing Director
to the Board at its next meeting.
17. Conditions of service of officers and employees of the Board.- The remuneration and
other conditions of service of the Managing Director, Secretary, Housing Chief Engineer,
Chief Accounts Officer other Officers and employees of the Board shall be such as may be
prescribed by regulations approved by the Government.
18. Promotion and punishment of the officers and employees of Board.
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(1) subject to any regulation made under section 19 the power of making promotions to posts in the
service of the Board, fining ,withholding promotions from reducing, suspending, emoting or
dismissing such officers and employees for any breach of departmental rules or discipline or
for carelessness, unfitness neglect of duty or misconduct, and of discharging such officers and
employees from the service of the Board for any other sufficient reasons shall be exercised by
the following authorities, namely:-
(a) by Managing director in the case of posts, the maximum monthly pay-scale of which does not
exceed [eight hundred and forty rupees and the employees holding such posts;
(b) by the Board after consultation with the public service commission of the
State, in the case of post, the maximum monthly pay-scale of which exceeds eight hundred and forty
rupees but does not exceed [one thousand five hundred and eighty rupees and officers and employees
holding such posts;
(c) by the Board after consultation with the public service commission of the state and with the previous
sanction of the government in the case of posts ,the maximum salary of which exceeds [one thousand five
hundred eighty rupees and officers and employees holding such posts:
Provided that any officer employees of the central or state Government or local authority, whose services
have been lent to the Board, shall not be so punished except by an authority which would have been
competent to do so, if his service, had not been so lent ,but the managing director of the Board as the case
may be shall entitled to make an enquiry and to report with a recommendation in that behalf against such
employees to such authority:
Provided further that in consultation with the Public Service Commission under clause (b) or (c)
shall not be necessary in the case of appointment of technical personnel made for a period not exceeding
six-months:
Provided further also that it shall not be necessary to consult State Public Service commission in
case of censuring, fining or suspending and further that the provision of this section shall not apply in case
of reverting back to original post from officiating promotions and termination of service from after
completion of term of temporary appointment.
(2) Any officer or employee of Board who is aggrieved by an order passed under sub-section (1) may,
within two months from the date of receipt by him of such order, appeal-
(a) To the Board, if the order was passed by the Managing Director, and
(b) to the Government, if the order was passed by the Board: provided that in all cases the order of
the Government shall be final
(3) For the purposes of this section, an order of suspension only shall not be deemed to be an order of
punishment.
19. Service regulations. - Subject to the provisions of this Act, the Board shall with the previous approval
of the Government, make regulations-
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(a) fixing the salary and allowances of the Chairman, Managing director, Secretary, chief Engineer,
chief Accounts Officer and other officers and employees of the Board;
(b) Fixing the amount and nature of the security to be furnished by an officer or employee of the
Board from whom it may be deemed expedient to require security;
(c) For regulating the grant of leave of absence, leave allowances and acting allowances to the
officers and employees of the Board;
Provided that employee of the Central or State Government employed as an officer or employee of the
Board shall not be entitled to leave allowances, otherwise than as laid down in the conditions of his service
under the Central or State Government relating to transfer to foreign service;
(d) for establishing and maintaining a provident and annuity fund, for compelling all or any of the officers or
employees of the board other than any employee of the Central or State Government in respect of whom a
contribution is paid under section 105 to subscribe to such fund at such rates and subject to such
conditions as may be prescribed, and for supplementing out of the funds of the Board; and
(e) For determining the conditions under which the officer and employees of the Boards or any of them
shall on retirement receive gratuities or compassionate allowances and the amount of such gratuities and
compassionate allowances:
Provided that it shall be at the discretion of the Board to determine whether all such officers and employees
or any of them and if so which of them shall become entitled on retirement to any such gratuities or
compassionate allowances as aforesaid.
20. Statement of strength and remuneration of staff:-On the first day of May every year the Board shall
prepare and maintain a schedule of establishment as on the first day of April of the year showing-
(a) the number ,designation and grades of the officers and employees other than employees who are paid
by the day or whose pay is charged to temporary work, home it considers necessary and proper to employ
for the purposes of the Act,
(b) The amount and nature of the salary, fees and allowances to be paid to each such officer and
employee, and
(c) The contributions payable under section 105 in respect of each such officer and employee.
21. Housing Units.- (1) The board may with the previous approval Government establish by resolution a
Housing Unit for any city or for any other area for the efficient performance of its function in that area:
(2) Every Housing Unit shall form part of the establishment of the Board and shall consist of such officers
and servants as may be admissible according to standards prescribed by the government.
(3) Every Housing Unit shall be under the charge of an officer who shall exercise such power and perform
such duties and functions which may be assigned to him by the Managing Director under section 22 of the
Act. Such officer shall be under administrative control of the Managing Director
22. Control and delegation by Managing Director- (1) The Managing director shall exercise supervision
and control over the acts and proceeding of all officers and employees of the Board, and , subject to the
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foregoing sections and Subject also to such control and revision as may be prescribed , s hall decide all
questions relating to the services of the said officers and employees and their salaries , allowances,
benefits and privileges.
(2) The Managing Director may, by general or special order in writing delegate to any officer of the
Board, any of this powers, duties or functions under this Act, or any rules or regulations made hereunder,
except those under sections under sections 11, 90 and 93:
Provided that –
(a) The Managing Director shall not delegate his powers under sections 24 and 65 to incur
expenditure and to approve estimates for any single work or scheme, the value of which exceeds fifty
thousand rupees;
(b) The Managing Director shall not delegate his power under section 16 to make appointments on
posts the maximum monthly pay-scale of which exceeds three 1[hundred seventy –five rupees; and
(c) The Managing Director with the prior approval of the Board may delegate any of his powers,
duties and functions under section 18.
(3) The exercise of discharge by any officer of any powers, duties or functions delegated to him
under sub-sections(2) shall be subject to such restrictions and limitations as may be imposed by the
Managing Director and shall also be subject to his control and revision.
(4) Against any order of the nature, referred to in sub-section (2) of section 18 passed by officer to
whom the Managing Director's powers in that behalf has been delegated , an appeal shall lie to the Board,
and if the Managing Director has himself revised the order of such officer, an appeal shall lie to the Board
against the order of the Managing Director.
23. Power to set aside resolution or order of the Board.- The Government may stay or set
aside any resolution of the Board or any order of the Managing Director or the Board , if in the opinion of
the resolution or order is in excess of the power conferred by law, or is not in consonance with the public
interest.
CHAPTER V
EXECUTION OF CONTRACTS
24. Execution of Contracts and approval of estimates.- (1) The Board may enter into and
perform such contracts as it may consider necessary or expedient for carrying out any of the purposes of
this Act.
(2) Every contract shall be accepted and executed on behalf of the Board by the Managing
Director or if so, authorised by the Board, by the Chief Engineer, Superintending Engineer or Executive
Engineer provided that the Board shall determine the maximum value of contracts to be executed and
sanctioned by such authorised officers.
(3) Administrative approval for execution of schemes or for the expenditure for carrying out any of
the purposes of this Act, shall be accorded-
(a) by the Managing Director amount not exceeding rupees fifty thousand,
(b) by the Board, amount exceeding rupees fifty thousand but administrative approval for schemes
as per expenditure exceeding rupees two hundred lakhs shall not be accorded without the prior approval
of the State Government.
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(4) Sub-sections (2) and (3) shall apply to every variation or abandonment of a contract or
estimate, as well as to original contract or estimate.
25. Delegation of Board's power to sanction contracts.-(1) Subject to any rules that may be
made in that behalf, the Board may, by order delegate any of its powers under section 24 to the Managing
Director or to any other officer of the Board.
(2) The exercise of any powers delegated under this section shall be subject to such restrictions,
limitations and conditions and to such control by the Board as may be specified in the order.
26. Further Provisions as the execution of contracts.-(1) every contract by the managing
Director 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.
(2) A contract not executed as provided in this section and rules made thereunder shall not be
binding on the Board.
CHAPTER VI
FUNCTIONS AND POWERS OF THE BOARD
27. Power and duties of the Board to undertake housing improvement schemes and their
expenditure.-(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 work, 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) Government may, on such terms and conditions as he may think fit to impose, entrust to the
Board the framing and execution of any housing or improvement scheme whether provided for by this
Act or not, and the Board shall thereupon undertake the framing and execution of such scheme as it 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 State Government , take over for execution any housing or improvement scheme on behalf
of a local authority or co-operative society on behalf of an employer when the houses are to be built
mainly for the residence of the employees of the concerned local authority , members of the co-operative
society or employess of the employers and the Board shall execute such scheme as it had been provided
for by this Act.
28. Types of schemes.- (1) The Board shall undertake the following types of housing and
improvement scheme:-
(a) The integrated Subsidised Housing Scheme for industrial worker and the economically weaker
sections of the community;
(b) The Low Income Group Housing Scheme;
(c) The Middle Income Group Housing Scheme;
(d) The Rental Housing Scheme;
(e) The Land Acquisition and Development Scheme;
(f) The Slum Clearance and Improvement Scheme;
(g) The Rural Housing; and
(h) A general town improvement and such other schemes as may be entrusted to it by the State or
Central Government.
(2) The schemes specified in clauses (a) to (d), clauses (f) to (g) of sub-section(1) provided for the
construction of houses so constructed.
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(3) The Board may provide for renting out , leasing out , outright sale or sale on hire purchase of
houses or house-sites, constructed under the schemes specified in sub-section(1). However, the Board
shall prepare regulations for the allotment of houses/flats/sites with the approval of the Government and
allotments are not in accordance with such regulations the allotment shall be considered to be illegal.
(4) The Board may provide in the area where the scheme mentioned in sub-section(1) is in force,
roads , streets, drainage water-supply, street lighting and other amenities as necessary.
29. Matters to be provided by housing or improvement schemes –Not –withstanding anything
contained in any other law for the time being in force the aforesaid housing or improvement scheme may
provide for all or any of the following matters; namely:--
(a) the acquisition by purchase ,exchange ,of otherwise of any property necessary for the affected by the
execution of the scheme;
(b) the laying or re-laying out of any land comprised in the scheme;
(c) the distribution or re-distribution of sites belonging to owners of the property comprised in the scheme;
(d) the closure of demolition of dwellings or portions of dwelling unfit for human habitation,
(e) the demolition of obstructive buildings or potion of buildings;
(f) the construction and re-construction of building;
(g) the sale ,lase or exchange of any property comprised in the scheme;
(h) the construction and alteration of roads ,streets, back lane ,bridges, culverts, and causeways;
(i) the draining ,water-supply and lighting of the streets included in the scheme;
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(j) the provision of open parks, playing fields and open spaces for the benefit of any area comprised in the
scheme or any adjoining area and the enlargement of existing parks, playing fields open spaces and
approaches;
(k) the provision of sanitary area arrangements required of the area comprised in the scheme ,including the
conservation of and prevention of injury or contamination to rivers or other sources

Excerpt shown. Open the full act in Lexace.

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