LexThe Trivandrum City Improvement Trust Act, 1960 (No.1 of 1961)
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE TIUVANDRUM CITY IMPROVEMENT TRUS1
ACT> 1960.
Preambu
Sections
ACI' 1 OF 1961
CONTENTS
CHAPTER I
Preliminary
1. Shott title, application and commencement~
2. Dcfiu it ions.
CHAPTER II
THE BoARD OF TRusTEEs.
Constitution of the Board
3. Creation and incorporation of Board.
1. Constitution of the Board.
5. Appointment and election ofTrustees to be notilled.
6. Appomtment in default of election.
7. Disqualifications for election or appointment a .. 'l Trustee;
8. Chairman to be whole·t1mc officer.
9. Remuneration of the Chairman.
10. Leave of absence for the Chairman.
ll. Appointment> etc., of actmg Chairman.
12. Leave of absence to other Trustees.
13. Removal of Chairman and other Trustees.
14. Filling of casual vacancies in certain cases.
15. Term of office of Chairman and other Trustees.
Conduct of Business
16. Meetings of Board. .
17. Power of Board to co.opt members for particulal' purposes;
18. Constitution and functions of Committees.
19. Meetings of Committees.
20. Truster-.s and associated members of Board or Committee not
to take part in proceedings in which they nre personally
interested. •
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Sections.
21. Power to make and perform contracts.
22. Execution of contracts and approval of estimates.
23. Further provisions as to execution of contracts.
24. Tenders.
25. Security for due performance of contract.
26. Supply for documents and information to the Government.
Officers and Servants
27. Statement of strength and remuneration of staff.
28. Service rules.
29. Appointing authorities.
30. Control by Chairman.
31. Delegation of certain of Chairman's functions ' i
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CHAPTER III
Improvement Schemes.
32. Power of Board to undertake works and incur expenditure for
improvement, etc.
33. Matters to be provided for by improvement scheme.
34. Types of improvement schemes.
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35. Provision of alternate site to displaced Kudik1dappukaran.
36. General improvement scheme.
37. Re-building scheme.
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38. Re-housing scheme.
39. Street scheme.
40. Deferred street scheme.
I 41. Development scheme.
·12. Housing accommodation scheme.
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43. Town expansion scheme.
· Procedure to be followed in framing an imptove-
ment scheme
44. Official representation.
45. Consideration of such representation.
• 46 • Matters to be considered when framing improvement schemes.
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Sections.
47. Preparation, publication and transmission of notice as to im
provement schemes and supply of documents to appli
cants.
48. Transmission to Board of representation by Corporation as to
improvement scheme.
49. Notice of proposed acquisition of land.
50. Furnishing of copies or extracts from the aSlleasment book of
the Corporation.
51. Abandonment of improvement scheme, or applicl\tion to Gov-
ernment to sanction it.
52. Power to sanction, reject or return improvemeut scheme.
53. Notification of sanction of improvement scheme.
54. Alteration of improvement scheme aft<'r sanction,
55. Combination of such scheme.
56. Width of streets and levelling, etc., thereof.
57. Transfer to Board for purposes of improvcmrnt scheme of
building or land vested in the Corporation or· in a munici
pality or in a Panchayat.
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58. Transfer of private street or square to Board fnr purpose of
improvement scheme.
~9. Provision of drain or water-work to replace anoth1•r situated on
lnnd vested in Board under Section 57 or Scclion 58.
60, Har to application of certain sectionS of the Trivnndrum City
Municipal Act, to streets.
61. Repair and watering of streets vested in Bonrcl.
62. Gua1 ding and lighting when street vested in Bonrd is opened
or broken up, or when street is under coustruction and
speedy completion of work.
63. Prevention or restriction of traffic in street vested in Board,
during progress of work.
64. Provision of facilities, and payment of compensation, when
work is executed by Board in pubhc street vested in it.
65. l'ower of Board to turn or close public street or aquare vested
in it.
66. Reference of disputes to Tribunal.
67. Veating in Corporation of streets laid out or altered, and
open space prov1ded, by the Board under nn improve
ment scheme.
60. Application of section 67 to mumcipalities or panchayats.
69. Power of Board to retain service passages ..
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Sections
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
S2.
83.
84.
85.
86.
87.
88.
89.
90.
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CHAPTER IV.
Acquisldon and DisposDI of Land.
Power to purchase or lease by agreement.
Power to acquire land under the Land Acquisition Act.
Tribunal to be constituted.
Modification of the Land Acquisition Act.
Constitution of Tribunal.
Remuneration of members of Tribunal.
Officers and servants of Tribunal.
Payments by Board on account of Tribunal.
Power to make rules for Tribunal.
Award of Tribunal how to be determined.
Payment of betterment fee.
Assessment of betterment fee by Board.
Settlement of betterment fee by arbitrator.
Fee for arbitrator.
Powers and duties of arbitrator.
Board to g1ve notice to persons liable to pa)'ment of better•
ment fee.
Agreement to make betterment fee a charge on land.
Recovery of money payable in pursuance of sections 81, 82,
85, or 86.
Board to appoint persons for enforcement of processes for
recovery of dues.
Agreement or payment not to bar acquisition under fresh
declaration.
Power to dispose of land.
CHAPTER v.
Fia.ance.
91. Annual grants and contributions.-
92. Board to be a local authority within the meaning of the Locnl
Authorities Loans Act.
93. Loans from banks.
94. Diversion of borrowed mC!>ney to purposes other than those
first approved.
95. Form, signature, exchange, transfer and effect of debenture..
96. Signature of coupons attached to debentures.
97. Payments to survivors of joint payees.
98. Receipt by joint holder for interest or dividend •
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Sections.
99. Priority of payments for interest and repayment of loans.
100. Repayment of loans taken under sect1on 95.
101. Establishment and maintenance of sinking fund~.
102. l'ower to discontinue payments into ainking fmul.
I 03. Investment of &inking funds.
104. Application of smking funds.
105. Annual statements by trustees.
lOG. Annual exammation of sinking funds.
107. Estimates of mcome and expend1ture to be laid annually
before the Board.
lOR. Sanction of Board to estimates.
109. Approval of Government to estimates.
110. Transmission of copy of estimate to the Commia,loner.
Ill. Supplementary estimates.
112. Adherence to estimate and maintenance of clo5iug balance
113. Rece1pt of moneys and deposit in Bank.
114, I nvestmcnt of surplus money.
115. Payments by cheques.
1 16. Signature of orders under section ll ~and chequr~.
117. Duty of Chairman and others before signing cheque.
118. Definition of" cost of management".
119. Keeping of capital account and revenue account.
120. Credits to cap1tal account.
121. Application of capital account.
122. Credits to revenue account.
123. Application of revenue account.
124. Power to direct sale of securities in which any au1 plus of the
revenue account is invested.
125. Advances from revenue account to capital account.
126. Advances from capital account to revenue nccounl.
127. Submission of abstracts of accounts to Governmeut.
128. Annual audit of accounts.
129. 11owers of auditors.
130. Remuneration of auditor
131. Reports and information to be furnished by audllor to the
Board.
132. Auditor's report to be sent to each Trustee anrl considered
by Board.
133. Board to remedy defects pointed out by audito1.
l31. Publication and tnmsmission of an abstract of tlu: accounu,
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CHAPTER VI.
Rules.
Sections.
135. Power of the Government to make tules.
136. Power of the Board to make rules.
137. Rules to be subject to previous publication and to be pub
lished in Gazette.
138. Printing and sale of copies of rules.
139. Power of Government to cancel rules made under section 136
CHAPTER VII
Supplemental Provisions.
140. Trustees, etc., deemed to be public servants.
141. Contnbutions by Board towards leave allowances and pen
sions of servants of the Central or State Government em
ployed under thlS Act.
142. Power to extend the Trivandrum City Municipal Act, to
areas near the C1ty to which provisions of the present Act
have been applied.
143. Publication of notifications under sections 1 (2) and 142 (1)
m draft for critic1sm.
144. Board and Chairman to exercise powers and functions under
the Travancore Town Plannmg Act, 1108.
145. Board and Chairman to exercise powers and fun.ctions under
the Trivandrum C1ty Mumcipal Act.
H6. Powers of the Board for facilitating movement of the
population.
147. Saving of Telegraph, Railways and Electricity Acts.
148. Cognisance of offences.
149. Limitation of time for prosecution.
1~0. Powers of Chairman as to institution, composition, etc., of
legal proceedmgs and obtai'!ing legal advice.
151. Indemnity to Board, etc.
152. Notice of sUit against Board, etc.
153. Co-operation of the Police.
154. Arrest of offende1s.
155. Proof of consent, etc, of Board or Chairman or officer or
~ervant of Board.
156. Validation of at:ts and proceedings.
157. General power of Board to pay compensation.
158. Compensation of be paid by offenders for damage caused by
them .
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S~etions.
159. Public notices how to be made known.
160.
161.
162.
163.
164.
165.
166.
167 • .
168.
169.
I 70.
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172.
Newspapers in which advertisements or
published.
Stamping signature on notices or bills.
Service how to be effected.
notices are to be
Power to make surveys or contribute toward• their cost,
Power of entry.
Punishment for acquiring share or interest in cuntract, etc.,
with the Board.
Penalty for removing fence, etc., in street.
Penalty for building within atreet alignment or building
line.
Penalty for fllilure to comply with requisition made by
auditor.
Penalty for obstructing contractor or removing mark.
Penalty for breach of the provisions of the Act, etc.
Dissolution of Board and transfer of its aasets nnd liabilities
to the Government and the Corporation.
Submission of Administration Report to Govermnent.
THE ScHEDULE
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THE TRIV AND RUM CITY IMPROVEMENT TRUST
ACT, 1960 *
(ACT I OF 1961)
An Act to provide for the improvement and expansion of the City of T rivandrum
and the constttutzon of an Improvement Trust therefor.
Preamble.-WHEREAs it is expedient to rna~ provision for the
improvement and expansion of the City ofTrivandrum by opening up
conge~ted areas, clearing slums, laying out or altering streets, providing
open spaces for purposes of ventilation or recreation, demohshing or
constructing buildings, acquiring land for the said purposes and for the
rehousing of persons displaced by the execution of improvement
schemes and otherwise as hereinafter appearing ;
AND WHEREAS it is expedient that a Board of Trustees should be
constituted and invested with special powers for carrying out the objects
aforesaid;
BE it enacted in the Eleventh Year of the Republic of India as
ollows:-
CHAPTER I
PRELIMINARY
I. Short title, application and commencement.-( I) This Act may be
called the Trivandrurn City Improvement Trust Act. 1960.
(2) It applies to the City of Trivandrum, but the Government
may, subject to the provisions of section 143, by notification in the
Gazette and from such date as may be specified therem, apply all or
any of the provisions of this Act to any specified area in the neighbour
hood of the said City.
(3) It shall come into force at once.
2. Definitions.-In this Act, unless the context otherwise requires,
( I) "betterment fee" means the fee declared to be payable under
section 80 in respect of an mcrease in the value of land resulting from
the execut10n of an Improvement Scheme;
(2) "Board'' means the Board of Trustees for the Improvement of
the City ofTrivandrum, constituted under section 3;
{3) "Chairman" means the Chairman of the Board;
( 4) "Corporation" means the Corporation of Trivandrurn con.
stituted under the Tnvand1 urn City Munic1pal Act (Travancore Act
IV of 1116);
*Received the assent ofthe President on 13th january 1961 and
published if! the Gazette Extraordmary dated 24thjan~ary 1961 •
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(5) "land" has the same meaning as in clause (a) of section 3 or
the Land Acquisition Act (Travancore Act XI of 1089)
(6)
(7)
Act;
"notification" means a notification published in the Gazette ;
"prescnbed" means prescribed by rules mado under this
(fl) "Secretary to the Board" means the person for the time being
appomtcd by the Board to discharge the functions of the Secretary to
the lloard;
(9) uTribunal" means the Ttibunal constituted undrr section 72,
and until tl i~ constttuted, the court having junsdiction to perform the
functions of the court under the Land Acqu1sttton Act (Trnvancore Act
XI of 10119), and all reference to the Tribunal shall he construed
accordingly ;
(10), "Trustee" means a member of the Board and "ex-officio
Trustee ' means the Dtstrict Collector ofTrivandrum or the Commis
sionct· of the Corporation of Trivandrum or the Chief Town Planner or
the Director of Health ServiCes ;
(II) all words and expressions not defined in this Ar.t but defined
in thr: Trivnndrum Ctty Mumcipal Act (Travancore Act IV of 1116),
shall have the meanings respectiVely assigned to them by the said
Municipal Act.
CHAPTER II
THE BoARD oF TRUSTEE!.
Constitution of the Bollt'd
3. Creation and incorporation of Board.-The duty of carrying out the
provisiom of thts Act shall, subject to th~ restrictiom, co1Jdit10ns and
limitntions thercm contamed, be vested m a Board to he 1·alled "The
Board of Tt us tees for the Improvement of the Ctty ofTrivalldrum"; and
such lloarc.l shall be a body corp01 ate and have perpectuul succession
und n common seal, and shall by the said name ~ue and hn sued.
4. Constitution of the Board.- The Board shall consist of lr,n Trustees,
as follows:-
(n) u Chairman with such qualifications as may be prr.scribed who
shall be appointed by the Government ;
(b) the D1stnct Collector, Trivandrum, ex-qfficio;
(c) 1he Commissioner of the Corporation of Trivnndrum, U•
qfficio ;
(d) the ChiefTown Planner, ex-officio;
{e) the Director of Health Services, ex-officio ;
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(f) two members of the Council of the Corporation of Trivan
drum, elected by the Council ;
(g) three persons appointed by the Governnient.
5. Appointment and election of Trustees to be notified.-The appointment
or election of the Chairman and the other Trustees shall be notified in
the Gazette.
6. Appointment in default of election.-lfthe Council of the Corpo
ration ofTrivandrum does not, withm such time as may be prescnbed
by the Government, elect one or both of the Trustees referred to in
clause (f) of section 4, the Government shall, by notificatiOn, appoint a
member or two members, as the case may be, of the said Council to be
a Trustee or Trustees ; and every member so appointed shall be deemed
to be a Trustee duly elected by the Council.
7. Disqualifications for election or appointment as Trustee.-( 1) A person
~ohall be disqualified for elect10n or appointment as a Trustee, if he-
(a) has been sentenced by a criminal court to imprisonment for
a period of not less than two years, such sentence not having been re
versed or the offence pardoned :
Provided that the Government may direct that such sentence shall
not operate as a disqualification ;
(b) is an applicant to be adjudi~ted an insolvent or is an Wl•
discharged 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 mterest in any contract or employ
ment with, by, or on behalf of, the Board ; or
(e) is a director, or a secretary manager or other salaried officer
of any incorporated company which has any share or interest in any
contract or employment with, by, or on behalf of, the Board.
(2) A person shall not however be disqualified under clause (d) or
clause (e) of sub-section (I) or be deemed to have any share or intereit
in any contract or employment within the meaning of those clauses, by
reason only of his, or the incorporated company of which he is a direc
tor, secretary, manager or other salaried officer, havmg a share or in
terest in-
(1) any sale, purchase, lease, or exchange of immovable property
or any agreement for the same ;
(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 is inserted ;
(iv) the occasi~nal sale to the Board, to a value n<?t exceeding
two thousand rupeef many one financ1al year, of any arucle m which
he or the incorporated company regularly trades ;
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or by reason only ofhis having a share or interest, othe1wise than as
director, or secretary, manager or other salaried officer, In any incor
porated company which has any share or inter<>st in any contract or
employment with, by, or on behalf of, the Board.
13. Chairman to be whole-lime ojJicer.-The Chairman shnll be a whole"
time officer of the Board and shall not undertake any work unconnected
with his office wtthout the sanction of the Government.
9. Remuneration of the Chairman.-The Chairman shall be paid such
salary and allowances as may be fixed by the Government.
10. l.eaue of absencefor the Chairman.-(!) The Gov(•mment may
, grnn t leave of absence to the Chatrman for such period us they thiiik
fit.
(2) The allowance, if any, to be paid to the Chnirman while
absent on leave, shall be such amount, not exceeding his 1alary, as may
be fixed by the Government :
Provided that, if the Chairman is a servant of the Crntral or State
Government, the amount of the allowance shall be ~uch as he may be
entitled to under the conditions of his service under the Central or State
Government relating to transfer to foreign service.
l I. .A.pfJozntment etc., of acting Chairman.- ( 1) (a) When l he Chairman
is grnntrd leave of absence or when the post of Chairmn11 falls vacant
eithrr by the resignation or death of the Chairman or otherwise, the
Government may appoint a person to act as Chairman.
{b) A perton 10 appomted shall be entitled to hold office as
Chairman only for suclt period as may be fixed by the Government.
(c) The Government may, from time to time, exteud the period
fiXed under clause (b).
(2) Any person so appomted-
(n) shall be paid·such salary and allowances as mny be fixed by
the Government ; and
(h) shall exerci.e the powers conferred, and perlimn the duties
imposed, by or under this Act on the Chairman, and '!hall be subject
to the same habdities, restrictiOns and condiuons as the Chairman.
12. Leave of absence to other Trustees.-The Board may permit any
T1u11tee, other than the Chairman or an ex-oJficto Trmtee, to absent
h1mself from meetmgs of the Board for any period not cxceedmg such
limit (which shall not be less than four consecutive months) as may be
prescribrd by the Government.
13. Removal of Chairman and other TtUStees.-(1) If nt 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 miscond net or neglect
which renders his removal expedient, they may, by notification, re
move the Chairman from office.
(2) fhe Government may, by notification, removr. any Trustee
(other than the Chairman or an ex-o.fficzo Trustee) from ollice-
(a) if, m the opinion of the Government, he ha1 contravened
the proviliont of section 20, or
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(b) if he has without the permission of the Board, been absent
from the meetings of the Board for any period exceeding three conse
cutive months, or
(c) if he has been absent from the meetings oqthe Board for Any
period exceeding the lim1t prescribed under section 12, or
(d) if he 1s a salaried servant of the Government and his conti
uance m office as a Trustee is, in the opinion of the Government, un
desirable, or
(e) if he, being a legal practitioner, acts or appears on behalf of
any person in any suit or other legal proceeding against the Board or
acts or appears on behalf of any person m any criminal proceeding
instituted by or on behalf of the Board against such person, or
(f) if, in the opinion of the Government, he is unsuitable or has
become mcapable ofactmg as a Trustee or has so abused his position
as a Tru~tee as to render his contmuance as such detrimental to the
public interest : ·
Provided that when the Government propose to take action under
this sub-section, an opportumty of explanat10n shall be given to the
Trustee concerned, and, when such action is taken, the reasons there-
for shall be placed on record. ·
(3) The Government shall, by not1fication, remove any Trustee
(other than an ex-officio Trustee) from office-
(i) if he has become disqualified for election or appointment
as a Trustee for any of the reasons mentioned iri section 7 ; or
(ii) if he, having been elected or appointed as being a member
ofthe Council of the Corporation of Tnvandrum, ceases to be a mem
ber of such Council.
(4) A Trustee removed under any of the provisions of clauses (a)
to (e) of sub-secuon (2) shall be disquahfied for election or appointment
as a Trustee for a period of three years from the date of his removal
unless otherwise orderep by the Government.
(5) A Trustee removed under clause (f) of sub-section (2) shall
not be eligible for re-appointment or re-elect10n until he 1s declared by
an order of the Government to be no longer ineligible.
H. Filling of casual vacancies in certain cases.-If any Trustee, other
than an ex-officio Trustee, IS permitted by the Board to absent himself
from its meetmg~ for any period exceeding three months, or if any such
Trustee dies, or resign!> his office, or is removed from office under
section 13, the vacancy shall be filled w1thm two months by a freih
appointment or electiOn, as the case may be.
15. Term of office of Chairman and other Trustees.-(!) Subject to the
provisions of sections 11 and 13, the term office of Trustees including
the Chairman but not includmg the ex-officio Trustees shall be as
follows:-
(a) the Chairman-such period as may be fixed by the Govern
ment not being less than three years and commencing on the date on
which his appointment is notified •
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(b) a Trustee appointed or elected in pursuance of section 14 in
the place of a Trustee who has been permitted to absent himself from
meetings of the Board-the period of the absence of the latter Trustee;
(c) other Trustees-three years commencing on. the . date on
which their election or appointment, as the case may be, 1s notified.
(2) A Trustee shall, If not disqualified for any ol' the reasons
meutioucu in section 7, be eligible for re-appointment or re-election at
the end of his term of office.
Conduct of Business
16. Meetitzgs of Board.- The Board shall meet, and shall from time
to 1ime make such arrangements with respect to the plac·e, day, hour,
notic-e, management and adjournment of its meetings as It may thmk
fit, subject to the following provisions, namely :-
(a) an ordinary meeting shalt be hP.ld once at least in every
month;
(b) the Chairman may, whenever he thinks fit, nnd shall, upon
th(' written request of not less than two other Trustees, call a special
meeting;
(c) the Chairman shall attend every meeting of tlw Board unless
nbsrnt on leave or prevented by sickness or other reasonable cause ;
(d) no business shall be transacted at any meeting unless there be
present at least one-half of the number of the Trustees thr.u in office;
(e) every meeting shall be presided over by the Clmirman and in
his absence by a Trustee chosen by the meeting to pt eside for the
OCCIUiOnj
(f) all questions at any meeting shall be decided by a majority
of the Trustees present and votmg at the meeting, and In every case
of <'quality of votes, the person presiding shall have aud exercise a
accond or casting vote;
(g) if a poll be demanded, the names of'the Ttustees voting,
and the nature of their votes, shall be recorded by the person presid
ing;
(h) minutes of the proceedings at each meeting (together with
the names of the T1 usteell present) shall be recorded in I\ book to be
prov1cl!.'d for the purpose, and such mmutes shall be read at the next
cnsuin~ meeting and signed by the person pres1cling at Ruch meeting.
Thr. mmutes book shall be open to mspect10n by any '1'1 ustee durmg
office hours.
17. Power of Board to co-opt members for particular purpous.-( I) The
Hoard mny associate with itself, iR such manner and lot· such period
IU may be prescribed, any person or persons whosu assistance or
advice it may desire in carrying out any of the prov1siom of this Act.
(2) A person so associated shall not be deemed to be a member
of the Board and shall have no right to vote at any mec•ting thereof
but he may take part m the d1scuss10ns of the Board ll'latmg to th~
pus pose or purposes for which he was associated with tho Board.
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18. Constitution and functions of Committ1es.-(I) The Board may
from time to time, appoint Committees consisting of such persons of
any of the following classes as it may think fit;namely:-
(i) Trustees,
(ii) persons associated with the Board under section 17,
(iii) other persons whose assistance or advice the Board may
desire as members of Committees:
Provided that no Committee shall consist of less than three
persons.
(2) The Board may-
(a) refer to any such Committee, for inquiry and report any
matter relating to any of the purposes of this Act, and
(b) delegate to any such lCommittee, by specific resolution and
subject to any rules made in th1s behalf, any of the powers or duties of
the Board.
(3) The Board may, at any time, dissolve, or, subject to the
provisions of sub-section (1), alter the constitution of any such Com-
mittee. ·
(4) Every such Committee shall conform to any instructions from
time to time given to it by the Board.
(3) All proceedings of every such Committee shall be subject to
confirmation by the Board.
19. Meetings of Committees.-(1) A Committee appointed under
section 18 may meet and adjourn as it thinks proper; but the Chairman
may, whenever he thinks fi,, and shall, upon the written request of not
less than two member .. thereof, call a special meeting of such Com
mittee.
(2) Every meetiag of a Committee shall be "presided ove. by the
Chairman if he is a member ofthe Committee, and, if he is not a
member or is absent from the meeting, by a member chosen by the
meeting to preside for the occasion.
(3) No business shall be transacted at any meeting of a Com
mittee unless there be present at least~one-half of the number of the
members constituting the Committee.
( 4) All questions at any meeting of a Committee thall be decided
by a majority of the members present and voting at the meeting, and
in every case of equality of votes the person presiding shall have and
exercise a second or casting vote.
20. T rustces and associated members of Board or Committee not to take part
in proceedmgs tn which they are personally interested.-( I) A Trustee who-
( a) has directly or indirectly, by himself or by any partner,
employer or employee, any such share or interest as is described in
sub-section (2) of section 7 in respect of any matter, or
(b) has acted professionally, in relation to any matter, on behalf
of any person having therein any such share or interest as aforesaid,
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shall not vote or take any other part in any proceeding of the Board
or any Committee relating to such matter.
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(2) If any Trustee or any person associated w1th the lloard under
section 17, or any other member of a Committee appointed under
section 18, has, dtrectly or indtrectly, any beneficial mtct rst in any
land situated in an area compnsed in any tmprovement ~chrme framed
undrr thi, Act, or in an area m whtch it is proposctl to a<'qUlre land
for any of the purposes of this Act.-
(i) he shall, before taking part in any proceeding nt a meeting
of the Board or any C'.ommittee relating to such area, inform the person
presiding at the meeting of the nature of such intetest;
(ii) he shall not vote at any meeting of the Board or any Com
mittee upon any resolution or question relating to such land; and
(iii) he shall not take any other part in any p10ceecling relating
to such area at a meeting of the Board or any Committee, if the person
presiding at the meeting considers it inexpedtent that he should do so.
21. Power to make and perform contracts.-The Board may enter into
and perform all such contracts as it may consider necessary or expedtent
for carrying out any of the purposes of this Act.
22. 'Execution of contracts and approval of estimates.-( I) With respect to
the making of such contracts, the following provisions shall apply.
namely:-
( a) every contract shall be made on behalf of the Boa.rd by the
Chairman;
(b) no contract for any purpose which, in accordance with any
provision of this Act, the Chairman may not carry out w1thout the
sanction of any other authority or authorities shall be made by him
unless such sanction has been given;
(c) no contract involving an expenditure exceeding ten thousand
but not exceedmg fifty thousand rupees l>hall be matle by the Chairman
unless it ha! been sanctioned by the Board;
(d) no contract involving an expenditure exceeding fifty
thousand rupees l>hall be made by the Chairman unless it has been
sanctwned both by the Board and by the Government;
(e) every contract made by the Chairman involving 1111 expendi•
ture exceeding one thousand but not exceeding ten thousand rupees
shall he reported to the Board w1thin fifteen dnys after it has been
madr.
(2} Every estimate for the expenditure of any sum fhr carrying
out any of the purposes of this Act shall be subject to the approval of
the authority or authorities empowered under sub-section (I) to make.
or, as the case may be, to sanction the making of, n contract for a like
purpose and involving the expenditure of a like sum.
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(3) Sub-sections (I) and (2) shall apply to every variation or
abandonment of a contract or estimate, as well as to an original
contract or estimate.
23. Further provisions as 1o execution of contracts.-( 1) Every contract
made by the Chairman on behalf of the Board shall be entered into in
such manner and form as would bmd the Chairman if such contract
were made on his own behalf, except that the common seal of the
Board shall be used where necessary; and every such contract may in
the like manner and form be varied or dtscharged.
(2) Every contract for the execution of any work, or the supply
of any matermls or goods, which involves an expenditure exceeding one
thousand rupees, shall be in writing, and shall be sealed.
(3) The common seal of the Board shall remain in the custody of
the Secretary to the Board, and shall not be affixed to any contract or
other instrument except in the presence of a Trustee (other than the
Chairman), who shall attach his signature to the contract or instrument
in token that the same was sealed in his presence.
( 4) The signature of the said Trustee shall be in addition to the
signature of any witness to the execution of such contract or instru
ment.
(5) A contract not executed as provided in this section shall not
be binding on the Board.
24. Tenders.-( I) At least seven days before entering into any
contract for the execution of any work or the supply of any materials or
goods, which mvolves an expenditure exceeding five thousand rupees,
the Chairman shall give notice by advertisement in local new:>papers,
inviting tenders for such contract.
(2) In every such case the Chairman shall place before the Board
the specifications, conditions and estimates and ali the tenders received
specifying the particular tender, if any, which he proposes to accept.
(3) In every case in which the acceptance of a tender would
involve an expenditure exceedmg fifty thousand rupees, the Board shall
submit to the Government the specificatiOns, conditions and estimates,
and all the tenders received, specifying the particular tender, if any,
the acceptance of which it proposes to sanction.
(4) Neither the Board nor the Government shall be bound to
s"imction the acceptance of any tender which has been made; but the
Board within the pecuniary hmits of the powers as laid down in clause
(c) of sub-section (I) of section 22 and the Government in the cases
referred to in clause (d) of the said sub-section, may sanction the
acceptance of any of such tenders which appears to it or them, upon a
censideration of all the circumstances, to be the most advantageous, or
may direct the rejection of all the tenders received.
2'>. Security for due performance of contract.-The Chairman shall take
sufficient secunty for the due performance of every contract involving
an expenditure exceedmg three thousand rupees •
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26. Supply of documents and iriformation to the Government. - ( l) tbe
Chairman shall forward to the Government a copy of tho minutes or
the proceedings of each meeting of the Board, withm three days from
the date of the meeting.
(2) The Chairman shall, if so directed by the Government'
forward to them a copy of all papers which were laid before the Board
for consideration at any rneetmg.
(3) The Government may require the Chairman to furnish them
with-
( a) any return, statement, estimate, statistics or other infor•
mation rega1·ding any matter under the control of the Board, or
(b) a report on any such matter, or
(c) a copy of any document in the charge of the Chairman.
Officers and Servants
27. Statement of strength and remuneration of staff.-( 1) The Board
shall from trme to time prepare, and shall mamtain, n statement
showing-
( a) the number, designations and grades of the officers and
servants (other than employees who are pa1d by the day or whose pay
is charged to temporary v.ork) whom 1t considers it nel'essary and
proper to employ for the purposes of th1s Act,
(h) the amount and nature of the salary, fees and allowances to
be paid to each such officer or servant, and
(c) the contributions payable under section 141, iu respect of
each such officer or servant.
(2) All statements prepared under sub-section ( 1) shall, so far as
they refate to post the monthly salary or the maximum mouthly salary
of which exceeds two hundred rupees, be subject to the previous sanc·
tion of the Government.
28. Service rules .-The Board shall with the previous sane: tit n of the
Govemment make rules-
(a) fixing the amount and nature of the security to be furnished
by an~ officer or servant of the Board from whom it may he deemed
exped•ent to require secunty ;
(b) for regulating the grant ofleave of absence, leave allow
ances and acting allowances to the officers and servants of the
Board:
Provided that a ~ervant of the Central or State Government
employed as an officer or servant of the Bo4rd shall not be entitled to
leave or leave allowances otherwisf' than as may be laid down in the
conditions of his service under the Central or State Government relating
to transfer to foreign service ;
(c) for establishing and maintaining a provident fund, for
compelling all or any of the officers or servants of the Board (other than
any ~et vant of the Central or State Government in respect of whom a
contribution is paid under section 141) to subscribe to the fund at such
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tates and subjeet to such conditions as may be prescribed by such rules,
and for supplementing such subscriptions out of the funds of the
Board,
(d) for determining the conditions under which the officers and
servants of the Board or any of them shall on retirement receive gra
tUities or compassionate allowances and the amount of such gratuities
and compassionate allowances :
Provided that it shall be at the discretion of the Board to deter•
mine whether all such officers and servants or any and. if so, wh1ch of
them, shall become entitled on retirement to any such gratuities or com
passionate allowances as aforesaid.
29. .Appointing authoritzes.-(1) Subject to any rules made under
sect1on 28 and for the time being in force, the power of making
appointments and promotions to posts in the service of the Board, of
granting leave to officers and servants holdmg such posts, of censuring,
fining, withholding promotion from, reducing, suspending, removmg or
dism1ssing such officers and servants for any breach of departmental
rules or disciplme, or fo1 carelessness, unfitness, neglect of duty or other
misconduct, and of d1scharging such officers and servants from the
service of the Board for any other reason, shall be exercised by the
undermentioned authorities :-
(a) In the case of posts the monthly salary or the maximum
monthly salary of which does not exceed one hundred and twenty
rupees and officers and servant!, holdmg ~uch posts-the Chairman.
(b) In the case of posts the monthly salary or the maximum
monthly salary of which exceeds one hundred and twenty but does
not exceed two hundred rupees and officers and servants holding such
posts-the Board.
(c) In the case of postg the monthly salary or the maximum
monthly salary of which exceeds two hundred rupees and officers and
servants holdmg such posts-the Board subject to the previous sanction
of the Government :
Provided that a servant of the Central or State Government or of a
local authority whose services have been lent to the Board, shall not be
so pumshed except by an authonty wh1ch would have been competent
to do ~o, 1f his services had not been so lent, and the Chairman or the
Board, as the case may be, shall be entitled only to make a recommen
dation m that behalf to such authority.
(2) Against any order under sub-section (I) imposing any
punishment on him, an officer or servant of the Board may appeal-·
(a) to the Board, if the order was passed by the Chairman,
and
(b) to the Go':emment, if the order was passed by the B~rd.
30. Control by Chamnan.-The Chairman shall exercise supervision
and control "ver the acts and proceedings of all officers and servants of
the Board; and, subj~ct to the foregoing sections, and subject also to
such control and revlSlon as may be prescnbed, shall dispose of all
questions relating to the serv1ce of the sa1d officers and servants and
the1r alanes, allowances and privileges, '
31. Delegation of certain of Chairman's functions.- (I) The Chainnan
may, by general or spec1al order in wntmg, delegate to auy officer of
the Board any of the Chairman's powers, duties or fuuctions under
this Act or any rule made thereunder, except those conferred or
imposed upon or vested m him by sect10ns 16, 19, 26, 107, 114, 116,
150 and 155:
Provided that-
( a) the Chairman shall not delega1e his power umler section 22
to make on behalf of the Board any contract involving an expenditure
exceedmg three thousand rupees;
(b) the Chairman shall not delegate his power uncler section 29
to make appointments.
(2) The exercise or discharge by any office• of any powers, duties
or functions delegated to hrm under sub-section (I) sha 11 be <>u bject to
such restrictions, conditions and limitat1ons (if any) as may be laid
down by the Chairman, and shall also be suhject to his control and
revision.
Explanation.-Against any order of the nature 1eferred to in
sub-section (2) of section 29 passed by a person lo whom the
Chairman's power m that behalf has been delegated, un appeal shall
lie to the Board, unless the Chariman has h1mseJr rev1sed the order of
such person, in which case an appeal shall lie to tho Board against
the order of the Chairman.
CHAPTER III
IMPROVEMENT ScHEMEs
3!l. Power ~ Board to undertake works and incur expendlturefo.r improve
ment, etc.-The Board may, subject to the provi~•ons of this Act, under
take any works and incur any expenditure for the improvement or
development of any area to which this Act appllcs, and for the framing
and execution of such improvement schemes as may bo necessary from
time to time.
33. Matters to be provided for by improvement scherne.-An improvement
scheme may provide for all or any of the following mattt:rs, namely:-
(a) the acquisition by purchase, exchange or otherwise of any
property necessary for or affected by the execution of the scheme;
(b) the re-laying out of any land comprised in the scheme;
~c) the re-distribution of sites belonging to owners of property
eompr~d in the scheme;
(d) the closure or demolition of dwellings or portions of
dewellings unfit for human habitation;
(e) the demolition of obstructive buildin~ or portions of
buildings;
(f) the construction and re-construction of bulldings;
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(g) the sale, lease, or exchange of any property comprised in
the scheme;
(h) the construction and alteration of streets and back lanes,
bridges, causeways and culverts;
(i) the draining, water-supply and lighting of streets so
constructed or altered;
(j) the provision of open spaces for the benefit of any area
comprised in the scheme or any adjoining area, and for the enlarge
ment of existing open spaces and approaches;
(k) the provision of sanitary arrangements required for the
area comprised in the scheme, including the conservation of and
prevention of mjury or contammation to rivers or other sources and
means of water-supply;
(I} the provision of accommodation for any class of the
inhabitants;
(m) the advance of money for the purposes of the scheme;
(n) the provision offacilities for communication;
(o) the reclamation or reservation of land for market, gardens,
afforestation, the provision of fuel and grass-supply and other needs
of the population;
(p) any other matter for which, in the opinion of the
Government, it is expedient to make provision with a view to the
improvement of any area comprised in the scheme or of any adjoining
area or the general efficiency of the scheme.
34. Types of improvement schemes.-An improvement scheme shall
be of one of the following types, or a combmation of any two or more
of such types, or of any specJ.a.l features thereof, that is to say-
(a) a general improvement scheme including slum clearance;
(b) a re-building scheme;
(c) a re-housing scheme;
(d) a street scheme;
(e) a deferred street scheme;
(f) a development scheme
{g) a housing accommodation scheme; and
(h) a town-expansion scheme.
35. Provision of alteranate site to displaced Kudikidappukaran:-(1) Wh~re,
on account of the execution of any improvement scheme under section
34, any kudikidappukaran is displaced and rendered homeless, the
Board shall provide such kudikidappukaran an alternate site for the
location of the Kudikidappu.
(2) Where any such kudikidappukaran is displaced and rendered
homeless on account of the acquisition of any land under the proviSions
of the Land Acquisition Act (Travancore Act XI of 1089), the Board
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shall, from out of the amount of compensation payable in respect of
such land, deduct an amount not exceeding tl1e sum which, under
any law for the time being in force, the kudikidappukamn would be
entitled to towards his share of compensation, and adjust such amount
towards the cost of the alternate site provided for under sub-section (1).
Explanation:-The term "Kudikidappukaran" shall have the
same meaning as has been assigned to it under the law for the time
being in force providing for the protection of the 1 ights of such persons.
36. General improvement scheme.-Whenever it appears to the Board
(a) that, in any area, any buildings used or intend<'d or likely to
be used as dwelling-places are unfit for human habitation, or
(b) that danger to the health of the inhabitants of buildings in
any area, or of buildings in the neighbourhood of such area is
caused by-
(i) the narrowness, closeness, or bad arrangement or condition
of streets or bu1ldings or groups of buildings in such area, ur
(ii) the want of light, air, ventilation or proper conveniences
in such area, or
(iii) any other sanitary defects in such area,
the Board may pass a resolution to the effect that such area is an
insanitary area, and that a general improvement scheme ought to be
framed in respect of such area, and shall then proceed to frame such
a scheme.
3 7. Re-building scheme.-( I) Whenever it appea1 s to the Board that
any area is an msanitary area within the meExcerpt shown. Open the full act in Lexace.