LexThe Kerala State Housing Board Act 1971
Kerala · state statute
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(OV ERNM.FN.[ OF K.IAJ A
1 :
••::;
.:,:,. LAW DEPARTMENT
1 SFAT1 HOUSING OAD ICT
c 1971
(/C1 19 OF 1911)
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GOVERN Mi3N'l' OF K ERALA
Ltw Dcpartincit(
NC)TJ Fl UA' I'iON
No: 3080/fl.. 1/71 fLaw. Dai'ed, 7 ;ivandrnm, 161/i ,7une 19711
26th Jyaisl/ta 11193.
• The following Act or tlic Kerala State Legislature is hereby published
for general information. The Bill as passcd by the Legislative Assembly
reivd the assent of the Prcidcnt on the 1 3t1i day of •Jinic, 1971
l)y order of tb c ( i \'C'i I 0 I
P. (;orAIAKiIsrrNn \iV.. no
l.aw Secretary.
ACT 19 OF 1971
THIS KER.ALA STAT!: FIOUSENG I)OARD AOT, 1971
An Act to provide fsr the organi.vcd direction and planning in the /aeparaiwn 40 and execuiwn qf housing and ;nproi'eineu1 .sc/lelnes and jot the i'sicbls/,meut
of a State I-lousing hoard in the StateI ICerala.
Preanthle:---Wiiinus,v it e u
is xpeclict to provide for die organised
direction and planning in I lie prcparatioll un1 eXecution cii housing and
ilnI)rovcmcnt schemes and for the establis! neat ol a State Housng Board
in the State of Kcrala
Bip it cnactcd in the iwcnty-sccnncl Yeai of the Republic oi iiidii
as follows
(i A L"1'iR
PRELIMJNAP.Y
1. Short 1itle extent and com?nencenzcnt._-( 1) '['his Ac may he
called the Kerala State liousing Board Act, 1971
It cxtnds to the whole of the State of Kerala.
It shall be deemed to have come into force iii the •Fr.ivandrum Taluk in Ti -ivandruin District on the 5th clay of March, 1971 kind in the remaining al -cas in the state it shall coirie ilito force on such date as the Govcrnn -sciit nia'i, by iiotilication in the Gazette, appoinl. ; anti ;di(Thrciit dates may be appointed for difThi-cnt areas.
2. Definilion.s..__40 this Act, unless (lie context otherwise lcquii-cs,---
(1) ubCttCt.lnCiit Ice" means the fic (lcc!arccl to be payable nuder
sCction 74 in rcsct öí an increase in the value of land resulting fioiii
the execution of a housing or improvement •cbemc
34/661/i).
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( 2 ) 130a1, 1 IlWiklls the Kcrtia State 11oustt lloaicl coriutuved
tinder 5(! tilt 'I ; -
Ltoar( t f)ilUt5CS'' ttt'ttfLs 41 I/ f)tCIIU.SCS I)Cl0iif,ilt. to, or Vesting
in, the (kctsl or cakeit on. lease by the Board or any prenises which is
ettriislcd 10, or it tite )OSseSsinit Or e;outroi of, the 3oard or the PU1'l)oSes
of , this Act ;
C (Ihairinan' means the Chaittisat of' the Board
'Cominittee" means any ,C0lItlltittee appointed nuder section 26 ;
'' (Jotnpctirtt authority" weamis any person 01' authority aut1iotise1
by the Oovctwctt by notification in time Qazetfe, to perfonn the
1muctions of the competeiit authority under (Ihapter Xl or such ;arca as
bit 5j)(CitLCd ill the notihcatiou
''Flousiiig Board Engineer means the l -lousiiig BoarcI Engiucer
apf)OiullcCI nit Icr SeCt!OU 17 ;
Ilousiiig or iiill)t'OVC 1OCI! t selicuic" tucails a scheme ftatiied uader
this Act aLid iueludes 1U1)' of the types of schemes rc!'erd to in section 41
'lud" IIICIILL[cs bciiehi to arise out or laud, and things att;tcliecl
to tile etrtli ut pertuatelitly htstciu:d to arytiting attached to the earth
titcombet' ' iueans it neutijer of the Board
J!CU1SCS incaits aity 1 and or building ol' part of a bLtilclLng
anti in.clude --
thit: garden, grounds lLitd Out-houses it any, appitutaimiiiig to such
I)uildntg or part of a building ; and
jilly fittings aflisecI to sitcit building or part 01' it builditig for
tie itOle bitciiCicul eflj0'J1leiit tliereoi '
( 1'2) "l'rcscriljed" nteaiss prescribed by rules made under this Act';
(1 '3) ''regulatioits'' means tlic rcgtdations made under this Act;
(14) "r tuics'' means the rules made tinder this Act ;
(IS) '1i,c1 tiled Castes" or ''ScILeclule(l Ttibest' shall Itayti the sant
tiit'liililg is UI tite CoitituIioii of , India
()6) ''i:cIeliry" itit:illLs the Secmctiry of the floard
I?) ''laLc'' incailS the state of Keralt
"ftibwtiil" fltciu& the Tribunal constituted itmicler sectiOn 80
19) "year" litcans the financial year
Cui'nm 1.1
CONSTITUTION 01' 'fl -lB BOARD
3 GieciltOit 11,1(1 uicor/ioiatioti of t/ii J?uit'd.---'I'1t ditty of carrying. Out the
)LOyisi011s of' this Act sh ~ hi, subject to the restrictions, cnditions auth
1i6IaUOils thereimi cOitLiijtcd, be vested itt a Bottid to be called ''The Ecraia
5tate Houtsim BoutcL and such Board shall be it body corporate aid
have perpectati sucC-a5iOil and a COAuiSIOil seal, and shall by the s'aic name
sue amid
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4 Gonstitulion of (he Board.–ThC Board shall cOnsiSt dU a (ihairmali
who shall he a non—official appointed by the Government and of tlic
following. other members, that is to my,--
1-tousing Commissioner to the Government, exoffiCiO, who shall
also be the Secretary of the Board,
fonr officials to be appointcd by the Government, and
nine non-officials to be nominaicdi by the Govcrniucist, one Of
whom shall be an Bnginccr . or. Architect who posesSCS
experiencc in 1iousin.q arid who is itot cmployed by the
Government or local a uthority or - a Corporation
Or cohtrollCd . by the Goveinment of whom at least two
shall he persons belonging to .,. Schedulod Castes or
• -. . Schcdled Tribes.
• . 5. 4ppointinent of the Chairman and tue mem&i's to be uotificd.---l'hc
apointInent of the Gliairntan and tho inoinbcri shall be notified 10 the1.
Gactte,
6'. The term of OJ/icc of the G1o.i; innu and members the Board.--
Chairman and the members of the Board shall hold
&flice
(.1.uring the pleasure of the Government
l'roviciccl ti of office of the Chairman appointed under
cction 4 or a' member rlo1nntcct under clauC (b) of the said Section
shajl. nOt in ny case e0cdl hrce year.s front tlie.date of his appointment
jbr'notniriitiot, as thc case ma''. b..'1
(ti)' Tic Chairmn a or: any nmninatcd member may resign his
Citidri ta) Isnul) or membership by tdvi ng no lice in writing to the Govrnmen
ttt shall contii1tdC in office untif his resigitaUhn is accepted by the
Ic o'criLmont.
7. bisqLsahJiCatithtfOrhpoifliflteflt ac wenzbr of the Boafd.--(l ) A person
:ljJ1 1)0 dtsqu-ililicd 'for' being appointed as for being, a member
f Board, ii he-
(a) has been convictd, b a c;irninal court for any offcncc
iuvo1y moral dt:Iinquciicy and ecntenced to imprisonmCrt
for 1 pi - I iocl 9f not 1es than two ye srs, and a period of
yethu 'h hotc1aPscd from the date of expiry of the.
period of, scncpc, ;
rn nod iseliarged inoIvciit or
is of unsound A.Ililld, ; Or
I •(( l) is. an officer Os, suI)brdiliatc under the Board ; or
(e) his chirectlr or indirectly, by himself or by aiiy partner,
clriployer' or ctiiplciy; miy she 'c Or intel est in any con tract
• . '? coi1uyiuchit with, by or on behalf of, the Board ; or
(I)
a clirec'tor or a secretary, manager or other officer of any
incorporated company whir-li has any share or inteF st in any
- contract: 0r employtsient willi, by or on br_half of , the Bdard
1 Suhshtutd by 10i: -------- --•• -
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4. ..
0
(2) A peison shall not, liOwev(:i l)C di Ltali(kd wider cjanse (e) r clause (1') of sti section (1) or be decMCCI to have any spare or jntexes
ny contract or cinpIoyant within the meaning of' those clauses, b' i , qx only of Ins, or the ir1corporat.1 COmpany of whiéh he ri a dliretot.,:*. eta1.y manager or their oflicer, having a shine or intorest i 7.,-_. . . . any sale, purchase, lease or exclian.g of•immovale $opery or any ag(ecillow 104 the. same or
any agiee,iejjt 104' (l:loan of . nmey.oj
0
any fleW.wapet' in which aiy adyez'tisxin e! t Tatmng,o' th affairs of the Board is inse.i'nct ; or . .,
(iv) the Occasional sale to the lloard ) to. t. vaitte not exceed iu tw I thousand rupees in any one year, f' any article in which I or the umcorpoi'atecl cnpafly reguiam'Iy ti'ade., :
(3) A person shall not aho be dljsclualjfiec urjder clausc (c) o'ej,u (1') 01' tmb-sectioi (1) or be deemed to hVe aiy. si:e ol , jiltIU ,eft4h incorporated company which has any shaje or I int any Qnrct o LmplOymcnl with, by or on behalf, of, tbc Boatc by ie.asoxi only I Ins bun a shame-holder of' such Company ........... 0 ... I
Provided that such Jerso discloses totlte Co..Vq'ntsnt th xattii'e
u xtent of the shares held by him. ,, ..................... 0
I %planat ion —Foi the p1rposes of cu
,lae (d) of sul secttoJT the Uhai'nutn and the Secretary shall not be dceiedo b Mlrs ö subotdjnates of tile Board. 0 . 0• 0
8 HOFswa?j(wi anda 'llow(mees, of Ike irnja - .t b1e' Chai'mart}i4jL b paiti such hon tiam mum and alkewanccs As may, b hiceci by tI-c. UQvnrttent, 9 1 ecve ofabsenceftr I/me hqm,i,z an oznt,n( ofi OcIng Q/iairipian (I) The Government may, from time to t1e., gE4rt. to such leave as may be admisilbie unçier the t'ule, . 0 0, •0 0
(2) Whenever ihe.i'e is. a telnporiny vy lit, the Qlipeor tlme ' .
Chmakuman, the Governmnt may Appoiiit a non-oMcj rnlbe1. to 'at as
hami man dum mug the J)eL mod td such VACanCy xmcj hcUt J)cty to 1dI4 PerM?n .SLICII honarariumu and allowances as mry bn f1x..d by , . them. The 'person so ' al)pOjntecl shall be dee ned for all pnrposes of this Act to be. th cilkuirmafl/ 0 .
10. Removal of ' .ion-ojf icial Governmeiit 'mny 1. hy notifIcation iii the Gztt, remove any uonotfijal 1rmerber from qffice'
if he has, without the permsmjssii of' the, Bi'd been ahhnu from, tiLe uieetiimgs of tl.ie l3oa4j for any pem'io4 xcecIi,ug three consectmtive timonthi or if withjn the said period less than three nmçe.tings httvj been held
tie absents .iimsdi' from three COflSCCUtjVC. uleetiugs
if' he has been abseimt horn the maccLings of the Board for any
1eriod exceeding that pcn'illitted under sub. SeCtion (1) ot'cctiii 11 ; or 0
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3
h being a legal practitioner, acts or appears on bhail of any
1ron Qthev than the Board in any cvit,. Criminal Or other legal proceedings jfl which the Board is ioterestcçl either as party or otherwise ; or
(d) if he has, in the opjI1ion a! the GOVCI'flfllCj)l cOnLiavened the provisions of section 27 or
• (e) it' he, •n the opinion of the Government, is unsuitable or has
bc'cosne iicap.tbk ot 'icting as a int,rnbet Ot h is so 'ibuscd hi, position as a
• member as to render. Ith continuance as such member, detritneittal 10 the piblie interest
Pmoyded that before removing a ineitibci' wider this rubseetton, lie
•,. ; shall be given a reasonable opportunity to show cause why he should not be removed,
() Aotiofficia1 meiber rexnoved under iy of' the provisions of
- clauses (a) to (cl) of' ub.ectjoj (1). shall be disqualified for appointment as
a nieuibot' for a pej'ioct. of three years from the date of his removal uidcss
Otherwise: ordered by the Goveçnrnent.
• (3) A. uoofficia1 mcmber emoved under cladse (e) of subsection (I)
sli'iul not be eligible for ie appointment until hic is dccl ii cl by an ot d a! the Goveinment to be no Jongex ineligible
1! Ezl1ug .f, u€sual vac(ines —(1) 1 h e J3oaicl way pcliiut itily
son official sncrnbet to 4bsent lumnelJ fxoixi its n1etings lot t pci tod 1101
exceeding, six months.
(2) .rfj casual vacancy ii the office of a member who is pw'iuiu'cl 10
be absent tndr' subsection (1) may be filled by ts GovcrIlmeitt and aisy
person appoi,1ted o fill such vctncy shall enter upon office forthwith bit shtll hold office only so long as the vacancy lasts
'ovided that the person so appointed is eligible for being al)poiJs1c1 as
a xueinbev to th office of thc absent mcinbct iii acconjance with thi.
" t1'noz1s of section 4 and is not chscju tliflcd undei Scct ion 7
• CHASTER Ill
TRANSFER OF TFI ASSTS AWD LIABILITIES ('i;' THE CITY
MPRQvEMENT TRUST OR TOWN. PLANNING
TRUSTS TO THE BOARD
12, 'iransfer of Ossets and liabilities of the City Ziuproociacul 'Trust to 1Jt J.3aard.--(l) On the appointed day the Board of Ti'ustees fbi the ImproVe-
ment of the Gityof Tlii.ruvanutntJiapani (hercinaft.rcfèi'rect to as the City Improvement rlj.qt) shall stand dissolved and all it3 asSets an(A liabilities
shall staildi transfit'red to and vested in the 13arc1
(2) The assetS of the QLt.y IlnproveiileilL "l"riist sliull be (Immed to
inc1de all rights, and pows's' and 411 j)iOperty, whetlici' n'iovabl or
iinniovablc, heloIiging to oi' vested in the Ciy IitLpLovthilen( l'ruil iiicliidiiig in particular, cash balan rn ce, reserve llids, illvestents, deposits titd all
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6
other i Cls ;uid iights i0 ol. al'isiliff out of such propCi'ty as may be in the
)0S5CSl()Jl of the City Iinprovcmeiit Trust and all books of accotiflt or
cloculnen Is kept or in a intained by the City Improvement Trust ; and the
liabihitics of the t..ity ilfll)rOVc(TlCIlt' Tiust shah tiC deemed to imc1udcd all
dcbts hiahi hi tics and oN igatiotis of whatever kind then existitig and
pertaining to the City improvement Trust.
1xpi14iation. Jfl tILlS SeCtioti and in sectionS 13, 14 and 15, 'appoi14ed
clay'' means the (late on which this Act comes into forcc iii the City f
Tiiii'uvauantha purain.
1:3. lions/cr of pmaindcni, soperawwation andotlier li/cc fundr to 1/ic Board.-
(1) Whmee the City Jmpvovemcnt; Trust has cstabllhccl a provident fund
or superaiuumal iofl fund or any other like fund for the bencuit of its cinpioyCs
atiti r.olistillor.d a trust in respect: there of (he)-einafter refri'cd to. as the
existing t i'iist), the moneys standing to the crcdit of any such fmnid on the
appointed day, together with any other assctsbc]origing to sitch fund 5 shall
subject l's the pioviSiolls of subsection (2) StanCh translrrcd to ahd vcted
in the Board on the appointed day, free from any such existing trust.
'Flic Board shia hi, as soon as may be after the appohid ' day
COntitute iii respect of the moneys and other assets whhh are .{ram'cfrCc to
and vested ill it under subsection (1), one or rdoro trustq having ubjeOls a
similar to(1w objects of the (,xisting trust as mty bc rctiabhe. t' •1-
\'Vhe!c all the moneys and other ass'ts belonging to. the eitlng
(iust arc tritnsIered to and vested in the ]3oard tidci' tihSctitidfl . (I); ;thie
trustees ol such trust, shall, as from the appontedI day, he clisehargd, ftou-.
the trust, except as respects things done or omit ted to he dOnc bcftge the
appointed (lay. . •o
14 LfJ'ect of ves'wg' of aSselc and I biltcs of tiLe City Iinjnomtnc)t
(1) iJuiess otherwise expressly provided by or under this Pct aU çoIitrtct°
agreement5 and other instruments of whatcvct' uaure subsisting or haviti c
effect immediately bcforc thc appointed y cl aiid to hic1i tli Cit .,
TmproVrnlCllt Trust is a party or winch are n favoiti' f .t he n. pity
Improvenlent Trust shall be of as lull force lnd oSfrccClgA1llst or ifl lavoult.
of the Board, as the case may be and may be enforced or actd Up0k
fully and cflbctua] hy as ii, instead of the City Ipo'c1ncui Trust ;. th 3trd .
had been f)l] ty t1seit.O Or as ii they had licen 'cntcrd into oi issued in,
favour of the h3oird. . :
(2) ii oii (Lu; appOinted day any suit, appeal or other legal .roccUing
ofwhiateve.r nature by or against the Cit.y rfCpt'OVetflC11t Trust is pending
thei, it shall not abate, be discontinued Or - be 'in any way prcudeahy
afThc(cdl ly reason of the transfer to the l3oard of the asCtS and hiaI,ihi,tk of-
due City Tnipiovenient Trust or of' any(hung t1on under thus Act, but the
suit, appeal or other legal proiieediuigs ))lfly he eoiitni'icd, prosecuted and
cnforccd liy oi agaisst the Board. . .
S
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Jixplaization. —4or (he 1)t1 1P05e5 ot this sub scc:lioit, legal pmuea
includes any proceeding ttndcr the Kcral;i I .aiid Aeqtiisili it Act, I ')I I
(Act 21 of 1962).
15. 21'an3jer of service of existing einp1o3'ns of 1/se City Jmj;rootnwni .1 , usl 10
the Jioard.—( 1) 1vciy wliole-tinte employee, of this City Isliprove.nteuL Irusi
s1ill on and from the appointed day, become alt emp1yec of the Board
with such designation as the Board may determine, arid sItalt Liolsl his oIli:e
therein by the smwie termur; at the Same rejimmieratiomi and rem Lime Sante Irons
and conditions of service and with the same rights and pmmvilcges :is in
gratuity, if arty, and other matters as he tv,ti1d, limi ye lmctd lime sat lie ii'
-
Act had not been passed, and shall continue to do so unless tint mImmitI lie;
rcmurmerai ion, terms and conditions are diii y at icred by lit: Board
l'iovidecl that time icriUte, 1CflS1JLLCI1tti0mi nicE tetlits itid i:ititdiiioiu uI
-
servLCc of any such eniployce shall not be altered to his tlistc1vuttagr: rvi tituiti
the previous sanction of the Coverunient
Provided futUer that any service icmtdred by stiett citilitoyce, >eLii
the constiIutjofl of the Board shall be dccii mcd 10 be service i'i:mtrlercrl ii. uder
the Board.
11 any question arises as to whether any v;tsumt was a wltuL'-t I tic
employee ol the City Iniprovenmeimi 1 inst imimiedin tely hcture lime mtpfiilim uted
clay, time question shall he re6srrcd to time UOycrumm'kmmi Whilst; decision shalt
be final.
Notwithscam'tdiitgauytliing comttmiiuccl iii the lndi&stri;tl t)up:u-s
Act, 1047 (Central Act 14 of 19-1-7) 01111 iumi) t)thtem law tot tIn: dine mite; it
lot-ce the ttitnstsr oh the services 1)1 any e_Imuluyec ol , ilu: I ity
Itust to tIme Board shi ill not entitle any :miiclt wiiplOec, 10 any c0ni1c n ;t1ni
under thai Ai:t or oihtisr 1aw, and no sii:hm iliiimmt shall lie i:riteimanu:rt by .uiiy
i:ourt, tribunal or other mitti hmurily.
16. Yrau./r of assets and liabilities /t:. oji nice i'lanjmmne 1', ian. (, I
The Coycritnient may, by notification iii tIn: 1aze11c, clitei.;t Iltal any it itVui
Planning Irust constituted under the Town Plartnttig Act (ACL IV 01 1106)
or the Madras 'Fown Planning - Act, 1920, Marh-is (Act V II of I
its any area in which this Act comes into lore; shall ott amid fuani the d:il:
spccit'ted in such itotihleatiomi stand dissolved amu.l all its eecis .umid ittljilitie-,
shmLl! UpOn such dissolution, stand tramtshin'rcd io ammd vested mjt tIn- Iu.ud
Where any Town Planning Titist is diolvcd mmmd it5 :issi:i';,i mtil
liabilities bacotne trausterted 10 and vestei.l iii thti; - l3;ttrf tumdcr suIt n:, tm(,tm
(I), the provisions of cctiOns 12, 13, 11 mind 15 1)1 din Act tititil, n I:ir
may be, apply to such trmumskr amid vesting.
Wiih eflct Ott amid Irocu the Jaie spta;ilictl in tIm: umtuhu ii inn
tinder sub sectior (I) in respect olart area tIme proVisiOii:; 1)1 (ht:iptu:r
the Town I'Laimning Act (Act I V of 1108) or mis liii: IIGw he at
1X of the Madras I'Ovyll Planning Act, 19140 ( M:ailr;ts At:i VII at I t-i
slutli cease 10 be iii lbrctm itt such area.
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U
Uii s'rcR I
iI1i t ERS AND tvIBMJ3BRS Of' THE STAFF OF
TUB BOARJ')
I / (,apf /eao' In flee Socrefarj', (eppoil ceient of JJos,g Boii'd j'ni,zeer
and cif/Ie,' Il//very f//ui ceu'an.Is o/ the .Board.--'.( I) 'i'he Govcriucient may Ii'om - (1101: .J() liii F;nl( to the Sccary such leave as may he adnussible under I n rules
(.) WIuccvc,r then' is a temporary Vacancy in tim Office of the ' -'cciv, hr (haii'maic shaU report the l)lattcr to the Governeiit and (lii' C >Vri'iwir I lmty ke ;1IraueeJiIeJe(s (:0 fill UP kuchi Vacancy. p
(,) 'I ct lh Iac(h may with the prcvius al)1)rovah of I he Government: :Ip(luiiIt a 11111 II, tItlarri Faigiitcci'.
(1) 'hr lii.iaid lliiiy saitcliOii the 'creation of' such posts in tlim establish- 0111 hr hod as it considers necessary lbs (lie effIcient: performance OF 1 lit IttIJI c'
(5)'t'h1;ecretaIy shall have thepowers, in consulation with. the
Public Syavic.c ( oiuinis.sion, to make appointments to (lie posts in the
end tush tiieii I. of the .loard an(l he shall exercise (hic p0vci' ire such mauiier as Ii elY JIC preseli J,)CCI.
18. Power to &'ran. I leacie and /ncicish of/icars and servants of the Bofird.--'( I)
iuhert itt such regulations as nay hx made under section 19, Lite pOs'ei' 'to raci( leave to I lie officers aud servants or the Board steall vest in dic • 'ci cry.
(!) Sllbi ccl II, sitrle rule:; as itia' l.)C prhei'ihcd if aIy OfJiccs' lit servant its Cite i1%'Vile iii 11w Board is guilty ot' any breach of cicpai-t:mental, ritles or yI5( pole' ,t' of rtUrlCSSiitas, neglect of ' duty or other misconduct or is unfit fir /lcIflorLtv coitepc(enl to appoint .si.tcls offirei' or servant may itItf)II' till llli'iti )eIeslttLcs ott feint, iiainclv
I :t :1151 ire
(hi) withileoltliag oh ilbel,'Ciueul.s or promoUors including stoppage I: iii y'tl iCielecy beti' ; tedttet.ioii to a lower O.5i 01' tune-scale or to :1 lower stage iii a Ljtiie-caJe ; S
line
(t') recovery (rolls pay of the whole 01' part of' au' pecuniary loss caused to the Board
(1) removal (Ions the service oF (lie Board whic)i shall 1101' be a disquaiiflealic)1s fbi' lutui'c esrlpIl))rnlcnt ;
(v) (Iislrtissaj from (he scrvice of' the Board which shall be ' a;
(hr/qua lil1ciLo for future employment ;
t'i'i>vi,lcyl that the punishment of fine shall be imposed only On the
fltc;I1l)CrS 01 the last gi'adc' SCYVICC and that infliction of' heavy ftics ailcl
ireqisent inflict ion of flues sheath be asioidcd.
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Provided curuier that a sOk'vant of the Cciitral or State .Govcrnmcnt or
• •f a local authority whose ervkcs. have been knt to the Board shah not be
punished er.ept by n atthorlty 'which would have been competent to (10 so
'if his servies were tiotso lent, but the Ghairma9 orthe Board shall be
•
entitled to: make an cnquify ahd report against such servant to such
authority.
' (3) The Sccrctaty my, pcncling enquiry, suspeudany oflicer or
Scrvalit of the J3ord 0
Provided that he 'shall forthwith report the matter to the authority
• '. competent to inflict punishnicnt on such officer or servant under sub-section
2) if he ts not, such authoty. "
• •, 4) Aiis' Oflice'r Orservant of th&Board who is aggrieved by an order
. passc.d under sub-sctioii (2) or sub.sctioi (3) may, within two rmonths from
time (late of' receipt by him of sitch order, appeal 'to the Chairman if the
order is passed by the Secretary; and to the Govemment if the order is
pahcd by the Board, atid the Chairman of the Government as the
case. nay bc may pass sucla order cm the appeal as ho or they thinks or
think fit,
(5) The Board may cithem' sue nw/ui or on application, call for and
eamine the record of any order I)ICCL by the CJiair,iIan under sub-section
(4) for the pum'psn of' sisf'ying itself as to the correctness legaiity propriety
or i'cgularity of such order and may pasc such ordee with respect thereto
• as ii thinks fit
Provided that no application for revision shall be cntcitairtcd after the
expiration of thirty days ' from th' datc ou which the order sought to. be
tcvsed was re(-eived by 't1e aj)plicant.
() The Government may either suo.motu or on application call for the
rccri of auy order passed by thc Board under subscction (5), and
rcv3csV any such order and pass such order with respect thereto as they
exI
thi - '
'0
re
8110
ofli
anc
5CC
k lit
Pkovided that.ltc application for review shali.'bc' entertained, after the
m'atox of, thirty , days frOm the date on which the order sought to be
:cd.wàrec'èivcd'by the applicant; •
Serce reguimonr —'Subject to the plovismons o.f.this Act, thc Boaxcl
,ritlj thm, previous approval of the Govornment make regula.tion$
(a). .fiii'thc sa1ar/ and allo 1warccs Of the .Sccictary Housing Board
ncr aT other oflhei at servas of the Boird
(b) •fi*ing the ihohut and nathre oI.security.to he furnished by any
or servant from wiioi it may be dcied expedient to require
c) .. fort regulating the grant of ieav of ubcIice, leave allowancs
adting.allowanccs..to the office'aud acrvants pfthCBoard:
/dGl/13. • • ' '
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Pi ovicit d r!i%t a sl V411L QI the Central 01 Ut' St4t( (;0viffl1q
ciuploycci as all ofiiccr Ut servant Of the Jit rd studl not be .entjtied (ii leave allowance s, othu wise thall, its laid dowi in th codtciossf hjs ',ci vice widet die ( entrai or the 5tttc Govuuiten l4tiç to trxsfcr to mi cigri set vice , r
(d) lot establishing arid illAi li taillijig a pr0vidnt fund, for çJJi 411 01 any of the Qfficors or suboi dinates othet chan ex yrt th (.'riiu ii 01 the State Govcriitnexit ii tespect o whom ctitibntci tuide, section 151 to lubsci il)e to the fund at such rat6 and subject tc conditions as may be piescxibrd and fottppJrrnentin sc&clj sbcijptioi
out of thi_ funds of thu. Boat d
(c) loi detel"Ilining the conditions uidex which the othc ts4 servants ui any of' then.i shall on retirement* (4'eci'C pensions or
or cOiilpussiuiiate ah)owances, and the aiziount 1' (such perIsioiis giivi) and compassionate allowanceS, ,
Maintaining ScIledule if es10Ijs/o,i,.-.Th&e Uoai'd 1a1l: prep and inauttam it sch duk of establishment befot e the lt of,'?vy of y year t
!iowIng the nutrib< i (I( signauons arid gi 4des of thc.Offi er and iuhox diit'ttt
(other than the employees who are paid hy the day oi'. Whosis iy d eIargeç •. to teriipOi'ary work), whom t conic1cx's .nessçu'y and pcop to . I employ lot' the jurposcs of this Ac and also the 'amount and the pa[tttrc of the salaiy, ke't anti ai1owance to be paid to '4tch sitc othççr or subc)L!ti (tinti ibut'o1is 1)4yab1c undt secttoi 151. in i es usct of' qth oflicet and rv irç its Oft iItc, 1st iil Api lb ofthe 'same yeai
flowing Un LI - , 1) 1 hc lImo ci 4hall c,',tablish t housing uutt r- for the area comprising tic city of'l'ivatxcJrtw and
areas specified by he Qoveriunent 1?Y Iiotffi/C4tiOii itt thc Qei b) thti., itainc .1 he Ii iwindi ion hiQus ug Unit
Ibi' the area COMPI -iSillg the city of Cuchiti and any çthieare . sjicciltecl by the (_,ovrx nm(nç by itotilicatiQii in the (
lot the a.a coinpirsln the ity of C abteit 01d inytlet are i spccifiect by the Gov i litilOtIt by ftoOfcattQn (jaztte dfld
With the approval of' t.hxi,. Gov uftortit yt any oçlici an, fix Ehc dlicit perioi ziiancc of iN fiincçioi,s in it ai a
1 vuy housing unit sit ill foni jai of the cs1ab1is1 ner1t1o1 thee ( Boazd and shall consist of sticE officeis anti sci VaiIt's a may ?fl.idei cd u y by the Board. 0,r 4
rvei y . 1lousix1g, utlit shib1 be iii i_it uge 01 all ofhci who 's}x'xhl b' Ullder the xdniinntj attyc coiuo1 of the Ui iii iiian a nd siaii also cicet ci uch powi_is and Pu loi such dutie and I u'i tiofls, as nay be di lcgatci4 to hun
by the Clian man undet seotioii 22 r
22 (_ o,it,oé avd illgnwii by (/tairman .-,'( 1 Lite Lha,imnyiii sh &lf j'ciç ovi11 supci vision such outzo1 o\cr the acts 4n1 plOCcCdWg'i 1of ull QJcez5 and siiboidi.uatesofthcj3oaid
* Substituted by section 2 of Act I of 1991
II
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• (2) 'I'lio Chairman may by general or special orcicr hi writing delegate
• to any officer of the Board, any of his powers, duties or functions under this
Act or any rules Or regulations macic there undcr except tlioe under sections
• -. 24, 94, 105 and 140.
• 3) 'Fhe exercise or discharge by any officer of any powers, duties or
functions delegated to him under sub-section (2) shall be subject to such
• rCstrictions and limitations as may be imposed by the Chairman, and shall
- also be subject to his control and revision.
23. G/iaiian may refet a,y question decided by the flord to the Goverumen t.-
• The Chairman may, in cases where he is satisfied that any dccision of the
- Board cannot in public interest be implemented,, refer such matter to
the Government and the Government shall have, power to issue such
directiong thereon as they deem fit. Such directions shall he binding on the
Board.
• - CHAPTER V
CONDUCT OF BUSINESS- OF TI-IF; 'BOARD AND ITS
COMMITTEES
-: - 24. Meaius of the BoardL•..( 1)' The Board shall meet at such times and
.placs' and shah, subject to the, provisions of sub-sections (2) and (3) observe
• sttch. ru lc,s,of procedure in rcgird to transaction- of business at its. meeting
(including the quorum at mcctngs) as may be prescribed by regulations
- 'I'rovidcd that the Board shall meet at least once in 'a month.
Elm Gb urman ot m his obscncc such member as may be chosen
by the members prcsett from 'tmnong thcnisclve sh'iul preside at a mrung of
ithe -Board.
- All •qucstiotis"1at any meeting of the Bord shall he decided by
s misjorit' of the votes of Alic members pi esent and voting 'cod, in the
* 'iso of all equ-chty of votcc the Chairm'sn, or in his absence the pci son
•; rdsiding 1ialI have a second vote in addition to his first vote as a triember
- of the Board.- -
- (4) 'rite proceedings of the meeting of the Board sb-til be fbi waided
the Government in die de1trrnient in ch'srgo of housing within seven , - pays of eVerymeeting.
• • 5 .,- Temporay assoja(iou of persohs with the /Jpard for particular purposes.---
I ) I he Board may associate with itself in such rnannei and for such
•pul?posc as- may be prcsciibed. by regulations, any. person whosc assistance
çr advice it may desite for the puepsoc of carrying into effect an of the
• provisions of this Act
• Provided that the numbr of' per.soiis so - associated shall not be rTiOçci
• than five. • . • - •
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A person associated with the Boaid undçr sub,scctioii (1) fqr any PurPose shall have' the.right to take p- lit the, di uiious. yf th J3nrc relevant to that purpose, but shall not be muiied, a ,. miber other purpose. '
The Governuient may, by ordei' depue onq Qs xort. 'QBce!.
of- th Goyernneiit to attend, any meeting of t. Bi ii, j-t t4 -- in the dhcussion of. the' Board, bttt such oIiez:s. not have the right to yote.
26. Appbintment amtfunctions'ofCmiteees.l) T?e flaidthy fzri
time' to time, appoint committees cQmzsisting' of such:' iunther' of per'ors".'h',
as it in ty think fit for the purpose of dischu gm'such 4utmes or pem fo mtu
such functions, and ox such terms and co litions ; as- may' )t'ribd' I by regulations. "
(2) The Clutirinari or such other person as he, may Oair14te'. 'in
this behalf shall be the president, of the committee and the Cormiittee
shall observe such rules of procedure in regard to tnausacnio of' business at its meetings as may be puescribed by ret1s.
(3) All proceedings of the committee s1all be stbjeçt to conf)r.,.'
ination by the. Board.
27.. Members of Board or Committee om person associated witfr'(/" Boa -d"
mio( to make ftart z1s.rOeeedifl'.l' in which they are- p.rsonaIy intereste..—(Iy A
iiiemnber or person associated with the BOard Or a - ' member of' . nny: comliljttee who--
- (a) has directly or indirectly, by himself or -by any partnei
erispjoyer or employee, aily such sluu'e or interest as in described. 'in
sub-section (1) of section 7 in respect of ally iruttlu, or -
(b) - has acted piokssiomntlly in rehttiori to any matter, or hieliami!'
of any pemsomt' having therein any such share or interest - as aforesaid;
shall not vote or take J)art in any proceeding o1 the Board or arty eomuumittec -
relating to such imiatter.
(2) If any member or any person associated with IJic Board, uflder
sectjn 25 or any member of a conunitteeappoiuted under secti'o 243 has, directly or indirectly, aimy beneficial iimterdst in any laud situated in an area coilIprised in any housing or impm'oveinent scIlelite fritiii:d under this Acr
or iu an atca in which' it is proposed to acquire land for any of the
PLRPoses of this Act,---
he shall at a x'neeting rclatin .to such area, of the Boad or
any committee, ililorm the person presiding - of the naturC of such iiterest;'
a nd
he shall not take pai't in any proceeding relating to-such area -
at a meeting of the Board or any committee.
4
a -
-I.
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(3) Nothing in sub-section (2) shall prevent any member . or au
• person associated with the Board 1.1114er section 25 or any ruesithes' 0! r
: CQmflkittce. appointed uhdr. sction 26 from voting on, or taking part in
- th6 discussion of any resol4tion1 or question relatin to any subject other
thn a subject referred to in. that subsection.
28 4th of the Board or (.oinrnittee to be invalidated by infoniality,
• 'v4cany etc---No act dcsne orproeecting taken under this Act by thc Board • ov any committee shall be invalidated merely on the ground-
(a) of any vacancy o dfect in the constitution of the Board or
the ejnmittee'; Or
of any defect or irregularity in the appointment of' a person
acti a a member thereofr
of any d,efecr or lrreg.Uarity in such act or proceeding not
• -affecting the' mnrts pf the case.
CIrAPTER Vi
POWERS OF BO'\tU) CH.TRMAN AND SECRETARY TO
INCUS 1>CPEt'TDITUR ON SCHEMES AND ENTER
INTO CONTRACTS
29 Powers of Board' and iSecrrtary to incur expenditure—Subject to provision and availability of funds, expenditure may be incurred Ott my
single work or scheme for carrying out any of th e purposes of' this Act- by the Secretary, in case such expeudeure does not. exceed One lakh, of rupees.; and
by the Board in other cases
Provided that the Secretary shall rcfY)rt the expenditure iucitrrecl by
him under this section to the Board at this next meeting lot' approval.
30 Powers of Board and Secretary to approve esUmates. -•--- 'l'iie lSoat'd or the Secretary may accord approval to estimates br incurring cxpmditui'c
Oil any world or schemes for carrying out any of the purposes of this Act
ubjet to the like restrictioiCs and conditions imposed Ott the Board, or the ,Secrctary, as the ease uiy be, under SCCtiOii 29.
31. J?rnergensy towers of c'hair,nan.—The Chairman may in cases of emergency, djit the execution of any work or the doing of' any act which
requires the sanction of the Board and the iimnediatc execution or doing of which is, in his opinion necessary for the service or sality of the public
nd may also direct that the expenses of executing the work or u! doing
the act shall 'be: paid from- the funds of' the Board -- Provided t'haL'---.
(a)- he shall- not act under this sectionn, in contravention or any direction oI'the Board or the' Government prohibithg the CXCCtLtOfl of
any particular work or the doing of any particular act
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(b) lie shall report the action takeis by him under this section
and the reasons therefhr to the Board at its next meeting and shall also
sul)Imt a copy of his report to the Government and the Board or the
Government: may issue suck directions as it or they may deem fit on such
report.
Power to ma/ce and perform co'ntracts.-.--(l) The Board may enter
Into and porforill alt such. contracts as it may consider necessary or oxpedicut
for ci Iryi 1mg out the purposci of this Adt. •. S
dgree'ncuts and security deposits. (1) Every . contract shall be made on
l)ellalf of the Board by the Secretary or any other officer of the Board
authorised by t lie Board.
['he secretary or the officer authoriscfl under sm.tb-scctiou (1)
shall take sulliciemit security deposit for the (fue performance of the
contract.
Wro ten agrccmen,ts .shaU be executed for every contract, trtc value of which excc.ccis five hundred rupees.
Every contract made by the Secretary or the offiocr authoriscd
wirier 5111)-section (I) the value of which exceeds ten thousand. rupees,
shall be reported to the Board at its next mctiflg.
:34 lu ri/ic, provisions as to execuimo,z of, contracts and agreements.— (1)1.Subject to the provisions of' Sections 32 and 33 contracts oiz agienettts -
shall be muiacic on executed in accordance with such nles 'y: be
prcscrtbcd,
(2) A contract oragrccnicmil mttde or e.xcutcd in corttavèutlon of •.
the provisions of this Act or the Rules or . regulations mztde thçb. .under., 1
shall not he binding on the Báard.
35. Signing oJ instruments and the . rgi.rtration qf such ins(rurn'hts.'----0)
'I'lic Secretary or any officer of the Boar4 atzthoriscd it ivriting b
the. Board in this behalf may sign on bchalf of the Botrd any, agrcmpent I.
or other i nsf rwnent to be executed on behi[f of the .I3oa,-th S
Nolwit hs[anding anything contained in the [udian Reghü'atiot
Act, 1908 (Central' Act 16 of 1.908) it shall not bencccssar the
Secretary or an ofhcer of the Board referred to in sub-section (I) to appeal' in PC50' 1 or by agent at any registration office in any proreebug ,coiusecte.ct,
with the registration of any instrument exeeu(cd by him in hii Oflici4l -'
capacity or to sign as provided in Section 58 of that Aci, .
Where any ihstrument is so c>tecutcd, the rcgisVring oicer. to.:
whom such instrument is Ptc:e1tccl for registration may, if he. thinks fit,
refer to the Secretary Or an officer of. t he Board referred to in sub-tcetion
(1) for iiilori'nat.ion respecting the StOne and shall, on being muatisficd of the
cxeCutioU thereof register the. instrument, S S
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Giv's vu
MOUSING Q :1M?0VEM'1 SUMEs
36 Potçr of tIi Boay4 ( undertake housing or iniroveme,it bchemes and w incir x&nd;iz4rI (I) Subjcct to th ovisions of tius Act, the Bo rid in'> 11 on tune to tlrrke, lcur expendituzie and undertaki woi ks lot liii pi-cparation and C cutton of such housing or tmptov tuent schemes as it iii ty cortsidei necessary. ..:.
.Thc QQVCVIIIuCOt. nlay pn such terms and conch lions a1 they may 'tl1ink fit to impose, traisfer to the Board tite execution of arty • thoujng or iirtproyezuet scheme not 'provided for by' this Act, and the
- Boatd ha1l thereupon uudet''oke the execution of such schemes as if it had been provided for by this Act.
The Board niy, on jUch teiis and conditions as ma y he agreed upon, take over fbr execution any 'lOusing Or improvement scheme undertaken by a local authority and the Board shall execute such SuIjcj ljc as ifit had been provided for by this Act.
37, iawer of Government to transfer any land belonging to or vested in them
or acquirtd uneler.e/me Kern 1c'Lad Acqui,c'itjon Act, to the Board. ---Wliemieyer the
Government conskki' it expedient or necessary, for the purpose of
Clearance, or improvement of aiy 4um area, to transfer any land in such
area belonging to or vested in them or acquired under the provisiolts Of
the Kerala Land Aquisitiori Act, 1061 (Act 21 of 1962), fiji the l)U1Poscs
of slwne1,ance they 'may do so on such terms and conditions as they may thinkfit to •ir1pose ;' and direct the Board to undertake tiit; clearance or ilnprovejneiit of that area and to frame and execute such housing or improvemen t sche -ne under this Act as the Government may, specify ?, and he Board shall thereupon undertake the same f'or
execution' as ifit had been prOvided for by this Act.
IJous&ig r. iniproveiint scheme when to be framed by the board—A
housjng, or improvement sIiene may be framed by the Board on its own
•zflotjon or at th instance of.. the 'Government ui i local authority.
• 39. Boardmay''igree or ref irse iv frame and execute a /wusmn or improve- ment sc/ic,ne.—Th .oard may agree to frame and execute a housing or
inprpvement scheme at the instance of a local authority if the Board is satisfied that uch 'scheme is necessary and the funds at its disposal permit •
the firaxiii,4 and thç c?decutiQn of such scheme, or may refine to frame and ececute sac,h scheme if it is satisfied that it is either unnecessary or not
• ;feasiblc qz'. ttat it i otherwise unexcutble, -
(2) 4ny local authority' deeniing itself agg'4eved by the refusal
'of the Bodrd' under'.qbseetjon (1) may,. within two months from the date
of receipt of.the order fsuch refual, appeal to the Government who
may 'pass such 1ordcrs thereon as they think fit ,'and it shall he the.' duty of the Board 'to give effect to such ordcr3, accordingly.
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'It). Mel frr.c o be provided by housing vi impi ovemeiii.sc/ie,nes..--.NotWith-
standing anything contained in any other law for the time being in f(?rcc,
a housing or improvement schemes may provide for all or any of the
following matters, namely :
the acquisition by l5urchase, exchange, or otherwise, ' -
property nccesary for or affected by the execution of Ihq. scheme ; . •
the laying or re-laying out of any, land comprised . ii the
scheme ;
the distribution or re-distribution of sites bcloniitg to "oWners' "
of the P1'peity comprised in the schçme
(ci) the closure or demolition of dwellings or portions of. .clw0ii98
unfit For human habitation
(c) the deuiolitioii of obstructive buildings or portion oi,btildiiigs ;
(I') the construction and re-construction of buildings ;
(g) the sale, lease or exchange of any' property colnprisedlh the 1
(ii) the construction and alteration of roads, streets, back1ipics,'
bridgcs. culvert s 2111(1 causeways ' 4
(i) the dI'41 milk , water supply and lighting of the streets includcd
in the scheme
the provision of open parks, playing ficlçls and open space. for
the benefit of any area comprisod in the scheme or ahy adjoining asea, .arrd :1 the enlargement of existing Parks, playing 'fields, open 'spaccS. and
approaches
the pi'o'isioii oSaiiitnry arrangements rctluirC 'for the area 'corn-
prised in the scheme, including the conscevaciomi of and proveiltioli' OF m-
iry or cofliaminatien to rivers or other sources and Indans of water supply ;
Oic provision of accoinmnodatioji for any class of iti1'iabitiits 1..
(mu) the advance of money for the purposes of the sclicfle ' . s
'. the 1provision ol' facilities for communication and transIt '...
. 4.'. the collection. ol such inIbrmatmon and: statistics as sti' i.i
necessary for the p irposes of this Act
the reclamation or reservation of lands for rnarkets, garscns ,.
playing Fields and afl'orest'at ion
Oic pi ovision of schools, parks, swmlucmmg pools, rest 1urants I,
shops, markets, fuel depo)s, laundries, hair drcssimig 'aloc'ns amenities ill the scheme and
(i) ally othet initter for which in th opssriin OFhe(GDtC1
it is expeclmciit to in skr 1)10vnmo1 with. a vww to piov.icle hense '.aOOni 1, j modation aid to the iml)rOvCflicllt of aiiy arci ceinl1rised lin,.;th&.me.
or of any adjoining area or the general efficieny'of tJc.chc.'
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ExPlanation-_For the purposes of this section, the Government may,
by notification iii the Gazette specify such arca Surrounding or adjoirnrig
the area included in a housing or improvemcrjcchcinc to be the adjoining
Type.r of IwtIsing or imrovnze,,( scIieins.(J) Any housing or inip),overrie) I it. scheme shall be of btic of the lolh)wing types, or Conibination of my two or more such
tosay
types. 01. of any special fcaturcs thereof that is
(a) a -house accommodation sclIcmc
(1) for the poor scctions of the people having i an income not cx-.ceecling Rs .2,000 per annum especially for scheduled castes and
schcluled tiibes,
(ii) for others.
a rcbujJdjn. scheme
a rehousing or rehabilitation scheme
a city or town or 'illagc Cpansion schcme
a streot chcme
a deferred street scheme
a land development: scheme
a gprieral improve merit scheme
an oco accothiodatjon scheme
an icclucational i:istitution accom: nocjatj on schemes
a health iastituijóiiaccoiniflocla( ion scheme ; and
(I) a tourjs accommodtjon scheme,
(2) Notwi'hstanding anything contained in sub-section (1), the Board 1iy UO tfloIU or at tho i!jSttOCC of the Govcrjllndjnt iriine a scheme or schenios o tlo grant of loari atvaiices to priv.tte individuals, local bodies
)r otjier organitions for housing purposes subject to such term Ii s and con-ios as may be laid dowri in thc chcine or schemes
.4
yidcd that thc terms and conditions of the schemes framed at the
of the government shall be subject to their approval
vicicd further that the provisions in .sction 50 to 57 shall not the Schms .tratned tinder this sub-scctjn,
House Accoinniodajo,z Sc/zcme.__(I) Whcncver the Board is of that'it.i oxPc(Iicnt Or necessary to meet, the need I'or house acconi- . ariy area, the Bdard may frarric a house accommodatio n
Such Scheme shall specify the lay out of the arExcerpt shown. Open the full act in Lexace.