The Manipur State Housing Board Act, 1981

BILL NO. 3 OF 1981
2‘ t,"
/‘
THE MANIPUR STATE HOUSING BOARD BEL, 1981
{As passed by the Legislative Assembly, Manipur on 31-7-81)
A
B ILL
t0 gjz'mide for measures to be taken to deal with and
satisfy the need of housing accommaa’alion.
Be it enacted by the Legislature of Manipur in the
Thirty-second Year of the Republic of India as follows:
CHAPTER—I
PRELIMININARY
3. (1} This Act may be called the Manipur State fgggtfli
Housing Board Act 1981. figinmw
(2) It extends to the whole of the State of Manipur.
(3} It shall be deemed to have come into force on I
the Ist day of April, 1981.
2. In this Act, unless the context otherwise requires— Definitionsc.
(a) “betterment charge” means the charge
declared to be payable under section 42in
reSpeet of an increase in the value of land
resulting from the execution of a housing
or improvement scheme; ’
(13) “Board” means the Manipur State Housing
Board censtituted under section 3;
(d)
*(e)
(f)
(2;)
it: h)
'(j)
(1)
(m)
2
“Board Premises” means any premises
belonging to, or vesting in the Board, or
taken on 16338 by the Board or any premises
which is entrusted to or in the possession
or control of the Board for the purposes of
this Act;
“Building meterials” means such commodi—
ties or articles as are specified to be building
materials for the purposes of this Act by the
State Government by notification in the-
Manipur Gazette;
“Committee” means any committee appointed
under section 16;
“Competent Authority” means any person
or authority Authorised by the Government,
by notification, to perform the functions ofthe competent Authority under Chapter (V)for such area as may be specified in the
notification;
“Government” means the State Government;
“Chairman” means the Chairman of the
Board;
“Housing Scheme” means Housing Scheme
made under this Act;
“Land” includes benefits to arise out of
land, and things attached to the earth orpermanently fastened to anything attached
to the earth;
“Member” means Chairman and other
members of Board;
“Prescribed” means prescribed by rulesmade under this Act; '
“Premises” means any land or building orpart of a building and includes—
3
(i) the garden, grounds and out houses, if
any, appertaining to such building or part
of building; and
(ii) any fittings affixed to such building or
part of a building for the more beneficial
enjoyment thereof;
(n) “Regu1ations” means the regulations made
under this Act;
(0) “Rules” means the rules made under this
Act;
(p) “Tribunal” means the Presiding Officer,
Revenue Tribunal, Manipur.
(q) “Year” means the financial year; and
(r) “Zila Parisad” has the same meaning as
defined in the Manipur Panchayati Raj Act, ,
1975.
(s) “District Council” means the District Council
constituted under the Manipur District
Council (Hill Areas) Act, 1971 (1 of 1971);
(t) “Small Town” means the Small Town
declared under sub-section (1) of section 219
of the Manipur Municipality Act, 1976
(Manipur Act 3 of 1976).
CHAPTER-II
ESTABLISHMENT OF THE BOARD
3. (1) The State Government shall, by notification in
the Manipur Gazette, establish for the purposes of this
Act a Board by the name of the Manipur State Housing
Board.
(2) The Board shall be a body corporate having
perpetual succession and a common seal and may sue and
be sued in its corporate name and shall be competent to
acquire and hold property both movable and immovable
and to contract and do all things necessary for the purpose
of this Act;
[new
tions.
{‘01: Sfimtinia
er: the Beam.
4
(3) For the purposes of this Act and the Land Acqui-
sition Act, 1894, the Board shall be deemed to be a local
authority:
Provided that for the removal of doubt, it is hereby
declared that the Manipur Land Revenue and Land
Reforms Act, 1960, shall not—
(a) apply to any land or building belonging to or
vested in the Board;
(b) apply as against the Board to any tenancies
or other like reiationship created by the Board
in respect of such land or buiiding;
Provided further that the Manipur Land Revenue and
Land Reforms Act, 1960 shall apply to any land or buit—
ding let out in favour of the Board.
4. (l) The Board shall consist of a Chairman, appoim
ted by the Government, and the following members?
namely:—
(i) Three members to be nominated by the
State Government from amongst the
members of the Manirur Legislative
Assembly;
(ii) Secretary to the Government of Manipun
Tribal Welfare Department;
(iii) Secretary to the Government of Manipun
Finance Department;
(iv) Secretary to the Government of Manipun
Revenue Department;
(V) Secretary to the Government of Manipur,
Local Setf Government Department;
(Vi) Secretary to the Goverhment of Manipur,
Law Department or 1118 representative;
(Vii) Chief Engineer, Public Works Depart--
ment, Manipur;
(viii) Chief Engineer, 'Public Health Engine;
ering, Manipur;
(iX) Chief Town Planner, Manipur; and
(X) Senior Architect, Manipur;
(Xi) Chief Engineer (Electricity) Department,
Manipur;
5
(2) The State Government may, by notificatiOn in
the manipur Gazette, remove from ofiice the Chairman or
any other member who in the opinion of the State Govern—
ment has been guilty of any misconduct or negligence or
has so abused his position as to render his continuance as
member detrimental to the interest of the Board or the
general public ;
Provided that no person shall be so removed from
efice unless he has been given an opportunity to show
cause against his removal.
5. The State Government may from time to time
grant to the Chairman such leave as may be admissible
under the rules and any person whom the State Govern-
ment appoints to act for the Chairman during such
absence or leave shall, while so acting, be deemed for- all
?mrgeses of this Act to be the Chairman. -
5., (1) A person shall be disqualified for being
appointed or continuing as the Chairman or member of
the Board, if he—
(a) holds any oflice of profit under the Board,
(‘0) is of unsound mind,
(1:) in an uncertificated bankrupt or an undis—
eharged insolvent,
(d) has directly or indirectly by himself or by
any partner, any share or interest in any con—
tract with, by or on behalf of the Board, or
{e} is a Director or a Secretary, Manager or other
salaried ofiicer of any inco rporated company
which has any share or interest in any con-
tract With, by or on behalf of the Board, or
(f) has been or is convicted of any offence
involving moral turpitude. '
Leave of
absence of
Chairman.
Disqua‘ifi-
cation for
appointment
of Board.
Term of
Office and
conditions
of service
of Chairman
and member.
6
(2) A person shall not, however, be disqualified underclause (d) or (e) of Sub-section (1) or be deemed to haveany share or interest in any contract within the meaningof these clauses, by reason only of his or the incorporatedcompany of which he is a Director, Secretary, Manager orother salaried officer having a share or interest in anynewspaper in which any advertisement relating to theaffairs of the Board is inserted.
(3) A . perSon shall not also be ‘ disqualified undercla use (d) or (e) of Sub—section (1) 01" “be 'ae‘emed tothaveany share or interest in any incorporated company" Whichhas any share or interest in any contract or employmentwith by or on behalf of the Board; by reason enly'of hisbeing a shareholder of such company»:
Provided that such person discloses to the State Gotten;-ment the nature and extent of the shares held by him.
7. (l) The Chairman and every other member (notbeing an ex-oificio member) shall hold oflice fer a periodof three years from the date of his appointment as Chair-man or other members as the case may be;
Provided that the State Government may extend thesaid period by a further period not exceeding one year;
Provided further that after the expiry of the period ofhis appointment a person shall be eligible for re-appoint—ment as Chairman or member:
Provided further that no person shall be appointed asChairman for more than three consecutive tenns.
(2) Every member shall receive such allowances asmay be prescribed.
(3) The Chairman may hold office in any honorarycapacity or on payment of remuneration. If any remune-ration is to be paid to the Chairman, such remuneratianand other conditions of service shall be such as may beprescribed.
(4) The aIIOWances to the members and the remune-ration, if any, to the Chairman shall be paid {mm the tunaof the Board.
3. If a member:
becomes subject to any of the disqualifica-
tions mentioned in section 6;
(b) tenders his resignation in writing to the State
Government, or
(c) is absent from three, consecutive meetings
without the permission of the Board, he shall
cease to be a member.
9. Any vacancy in the membership of the Board
7shall be filled in as early as practicable:
Provided that during any such vacancy the continuing
members may act as if no vacancy had occured.
10. No disqualification of, or defect in the appoint-
ment, of any person acting as’ Chairmam or a member of
the Board shall be deemed to Vitiate any act or proceeding
-ef the Board, if such act proceeding is otherwise in accor-
dance with the provisions of this Act.
11. If any member of the Board other than the
>Chairman is by infirmity or otherwise rendered tempora-
Iity incapable of carrying out his duties or is absent on leave
«01' otherwise not involving the vacation of his appointment,
the State Government may appoint another person to
r-etficiate for him and carry out his functions under this Act
eat any rule or regulation made thereunder.
12. (l)’ The Board shall have such officers and
employees as the Board may cousider necessary for the
efficient performance of its function:
Provided that the Board shall not appoint any officer
in the scale of pay the maximum of which exceeds one
thousand and two hundred rupees a month without obtai-
ning the previous sanctiOn of the State Government.
(2) The Board shall have power to create any post
on its establishment: '
Privided that no new post the scale of pay of which
exceeds one thousand and two hundred rupees per month
shall be created by the Board without the previous sanction
ef the State Government.
Vacancy of'
a member.
Vacancy to
be filled as
early as
practicable.
Proceedings
presumed to
be valid.
Temporary
absence of
members.
Appointment.
of officers
and emplo—
yees and
creation of
posts.
Conditions
of service of
roflicers &
employees.
Preparation
and mainte-
nance of
schedule of
establish~
ment.
General dis~
qualification
of all officers
and emplo-
:yees.
Appointment
ofcommittee.
13. The remuneration and other conditions of"
service of the officers and employees of the. Board shalh
be such as may be determined by regulations.
14. Before the first day of May of every year, the-Board shall prepare and maintain a schedule of establish—ment as on the first day of April of that year showing—
(i) the number, designations and grades antiscales of pay of the otficers and employees,(other than the employees who are paid bythe clay or whose pay is charged to temporary”work), whom it considers necessary and pro~per to employ for the purposes of this Act;
the amount and nature of the salary, fefiand allowances to be paid by the Board to:each officer or employees;
(ii)
the amount to be paid by the Board towards:leave salary pension, provident fund or anyother purpose in respect of each such ofiiceror employee.
(iii)
15. No person who has directly or indirectly by"himself or his partner or agent any shares or interest inany contract, by or on behalf of the Board, otherwise.»than as an officer or emplOyee thereof, shall become orremain an officer or employee of the Board.
16. (1) Subject to any rules made in this behalf;the Board may from time to time appoint one Or moreCommittees for the purpose of , securing the efficient"discharge of its functions, and in particular for thepurpose of securing that the said functions are exercised.with due regard to the circumstances and requirementsof particular local areas.
(2) Any Committee appointed under Sub-seetion (1}shall meet to discharge the functions assigned to it in-sueh manner as may be directed by the Board.
I7-
9
CONDUCT OF BUSINESS
The Board shall meet from time to time and .Meeting of
shall make such arrangements With respect to the day, Beam.
time, notice, management and adjournment of its meetings
as ittln’nks fit, subject to the following provisions, namely:
18-
(a) an Ordinary meeting shall be held once at
least every two months and five members
shall form the quorum;
(b) the Chairman, may whenever he thinks fit,
call special meetings;
(c) every meeting shall be presided over by the
Chairman and in his absence, by any
member chosen by the meeting to preside'
for the occasion;
(d) all questions at any meeting shall be decided
' by a majority or the votes of the members
present and in case of equality of votes, the
person presiding shall have the right to
exercise a second or casting vote;
(e) the minutes of the proceedings of each
meeting shall be recorded in a book to be
provided for the purpose.
(1) The Board may associate With itself, any Tempomy
person whose assistance or advice it may desire for association
. . . f
mto effect any of the prov1s.1ons of this Act: 3“???“
for particular
Provided that the number of persons so associated 9mm“
shafl not be more than three.
(2} A person associated With the Board under sub-
section (1) for any purpose shall have the right to take
part in the deliberations of the Board relevant to that
nurygrose,
(3)
but shall not have the right to vote.
The State Government may, by order, depute
its representatives to attend any meeting of the Board
and to take part in the deliberations of the Board, on
such items or subjects as the State Government may
specifiy but such representatives shall not have the right
to vote.
Power to
- make con-
tract.
Ex ecution
of contract.
Delegation
of Board’s
power to
sanction
contract.
Further pro-
visions as to
execution to
contract.
10
CONTRACTS r
J
19. The Board may enter into and perfom all such
contracts as 1t may consider necessary or expedient for:
carrying out any of the purposes of this Act.
20.
(b)
(1)
the Board by the Chiarman :
Provided that—
(a) no contract involving an expenditure of rupees
Every contract shall be made on behalf of
twenty lacs and more shall be made without the
previous sanction of the State Government ;
no contract involving an expenditure of five
thousand rupees and more yshall, subject to
clause (a) above, be made without the previous g
sanction of the Board. , é
 
(2) Sub-section (1) shall apply to every variation or ‘
abandonment of a contract or estimate as well as to an i
original contract or estimate.
21. Subject to any rule Which the State Government
may, make in this behalf, the Board may, by order direct *
that the power conferred on it under section 20 to sanction I
a contract shall be exercised by the Chairman or any other
officer specified by it in the order.
22. (1) Every contract by the Chairman on beha-if 2
0f 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 see.
tion and the rules made thereunder shali not be binding:
on the Board.
Provided that nothing provided in subsections (1} and
(2) above in regard to the manner and form in Which the g
contracts are to be signed by the Chairman on behalf of the 2
Board shall be applicable in respect of cantracts 10 be en-x
teredinto With institutions like Housing and Urban Deve-
30pment Corporation Limited (HUDCO), {a Government
of India Ente: prise), New Delhi and intespect of such?
contracts, the Board is competent to sign as pet the form 2
prescribed by HUDCO. '
11
CHAPTER III
HOUSING SCHEMES
23. (1) Subject to the provisions of this Act and
subject to the control of the State Government the Board
may, from time to time incur expenditure and undertake
"works in any area in which this Act is in force for the
framing and execution of such housing schemes as it may
(«censider necessary.
(2) The State Government may, on such terms and
«conditions as it may think fit to impose, entrust to the
Board the framing and execution of any housing scheme
whether provided for by this Act or not, and the
Board shall thereupon undertake the framing and execu—
tion of such scheme as if it had been provided for by this
. cf.
(3) The Board, on such terms and conditions as may
"be agreed upon and with the previous approval of the
State Government, take over for executing any housing
--scheme on behalf of a local authority or co-operative
society or on behalf of an employer when the houses are
to be built mainly for the residence of his employees, and
the Board shall eXecute such scheme as if it had been pro-
vided for by this Act.
24. Notwithstanding anything contained in any other
hw for the time being in force, a Housing Scheme may
provide for all or any of the following matters, namely :—
(a) the acquisition by purchase, exchange or other-
wise of any property for necessary or affected
by the execution of the scheme;
(b) the taying 0r relaying out of any land com-
prised in the scheme;
(0) the distribution or redistribution of site
belonging to owners or property comprised
in the scheme; v
(d) the clesure or demolition of dwellings or por-
tions of dwetlings unfit for human habitation;
(e) the demolition of obstructive buildings or por-
tions 0; buildings;
Power &
duties of
Board to»
undertake:
Housing
Schemes‘
Mattersxoim
provided fan:
by Housing
Scheme.
(f>
(g)
(h)
(j)
(k)
(1)
(m)
(D)
(p)
(q)
(r)
12
the construction and reconstruction of buiI-~
dings;
the sale, letting out or exchange of any pro,
petty comprised in the scheme;
the construction and alteration of streets ands
back lanes;
provision of the draining, water supply and”.
lighting of the area included in the scheme:
the provision of parks, playing fields and open...
space for the benefit of any area comprised im
the scheme or any adjoining areas and the env-
largement and improvement of existing parks,
playing-fields, open spaces and approaches ;
the reclamation or reservation of lands for
markets, gardens, playing-fields, schools dis-r
pensaries, hospitals and other amenities in tha~
scheme;
the letting out, management and use of the‘
Board premises ;
the provision of sanitary arrangement required”
for the area comprised in the scheme, including:
the conservation and prevention of any injury
or contamination to rivers or other sources».
and means of water supply ;
the provision of accommodation for any class
of inhabitants ;
the advances of money for the purpose of the.
scheme ; v
the provision of facilities for communication;
and transport ;
the collection of such information and statistics,
as may be necessary for the purpose of this
Act ;
any other matter for which in the opinion of"
the State Government, it is expedient to make
provision with a View to provide housing accom—-
modation and to the improvement on develop—-
ment of any area comprised in the scheme»-
or any adjoining area or the general efliciency?"
of the scheme.
13
EXPLANATION : For the purposes of this section
the State Government may, on the recommendation of the
Board, by notification in the Manipur Gazette, specify
such areas surrounding or adjoining the area included in
a housing scheme to be the adjoining area.
25. '(1) No hOusing scheme shall be made under this
Act for any area for which an improvement scheme
has been sanctioned by the State Government under any
enactment for the time being in force for the constitution
of a municipal corporation for any area in the State to
which this Act extends, nor any Housing Scheme
made under this Act contain anything which is inconsis-
tent with any of the matters included in a Town Planning
Scheme sanctioned by the State Government under the
Manipur Town and Country P1anning.Act,l975 or in
any town planning scheme duly made by or under any
corresponding law for the time being in force.
(2) If any dispute arises whether a housing scheme
made under this Act includes any area included in an
improvement scheme sanctioned under any such enactment
as aforesaid or contains anything inconsistent with any
matter included in Town Planning Scheme sanctioned
under the Manipur Town and Country Planning Act, 1975
or in any Town Planning Scheme duly made by or under
any corresponding law for the time being in force, the
decision of the State Government shall be final.
26. (l) The Chairman shall, at a special meeting to
be held in the month of February in each year, lay before
the Board a budget of the Board for the next year.
(2) Every such budget shall be prepared in such
form as may be prescribed and shall make
provision for—
(i) the housing schemes which the Board proposes
to execute whether in part or whole during
the next year;
(ii) the due fulfilment of all the 1iabi1ities of the
Board, and
(iii) the eflicient administration of this Act, and
shall contain a statement showing the esti-
mated receipts and expenditure on capital
and revenue accounts for the next year
and such other particulars as may be
prescribed.
No Housing
Scheme to be
made for area
included in
an improve-
ment Scheme
or be incon-
sistent with ’
Town Plan-
ning Schemes
Submission
of budget
to Boa rd.
Board’s
sanction to
budget.
Submission
of sanetiened
budget to
State Gove . a
ment for.
Supplemen-
tary budget.
Publication
and execu-
tion of
housing
schemes.
VariatiOn of
housing
schemes.
Tzansfer to
the Board
for purposes
of housing
scheme of
land rested
in a Corpo-
ration, Mu-
nicipality or
Zfla Pari-
shad.
14
27. The Board shah consider the budget laid.
before it limiter the 1ast preceding section and sanction it
with or without modificatiom
  
  
     
 
  
    
 
   
.0 if v vv v1, wiii
‘- oa:13 time at get the
ment may :2 ~- as sanetiehed by the Board
or return it: the— Board tor making such modifications
t 1
e
therein as e State Government may deem fit.
(2) Where a budget is returned to the Board by the
State Government for making any modification therein
the Board shail forthwith make such modifications and
submit the budget as so modified to the State Government,
which may then approve 1t.
29. The Chairman may, at any time during the year
for which a budget has been approved by the State
Government, lay before the Board a supplementary Budget
and the provisions of sections 26, 27 and 28 shall apply
to such supplementary budget.
30. After the budget is approved by the State Govern-
ment, the Board shall cause the housing schemes, in reSp ect
of which provision is made in the budget, to be published in
the Manipur Gazette in such manner as may be prescribed,
and proceed to execute the new schemes.
31. The Beard may at any time vary and. hanging
scheme or any 33art thei'eet teingea in the budget approved
by the State Governmeht:
    
  
nghui i : w t . 3 ;‘ :2
rtw/itiee \ l . :2. =1 e Mihahe it i“.
'
2.7.» .“ 1
eeiit at the
3 1 3m
3y “116 mate
      
 
?’fi}21"1 f; :“11‘451
x; v.1 P 46-25.11L1Vu
A
 
   
=3: ethet iand,
3r ahy 33am 0f :2 Corpora-
tion, tiuhieipaiih 0r Ziia ?arish‘ er. vested in the
Corpcration, Municipaiity or Zila Parishad constituted
therefore, is requireci for the purpose of any housing
scheme included in the budget approved by the State
Government, the Board shall give notice accordingly to
the Corporation, Municipality, District Council, Zila
Parishad or Small Town as the case may be.
15
'shad CO‘iCiEi'SS, such street, square er other 1ahd, 017
q :.
t“ beam.
{2) Where the Cerporatioe, Municipality or Zila
   
       
        
  
 
3 _1 W5. :30 3:3/331 ‘1'!" 3
:22: 51112111 Lit, 1:11:11. 11 xiii:
“es that such street, square or 1211111, or
’ . €016,
 
3 he.) 1v
(4) Nothing in this section shall affect the right or
powers of the Corporation, Munieipaiity pr Ziia Parishad
in or over any drain or water works in such streets,
square or land.
3 33. (1) Where any land Vests in the Board under
the provisions of section 32 and the Board makes a
declaration that such land shall be retained by the Board
only until its revests in the Corporation, the Municipality
or the Zila Parishad, as part of a street or open space
under section 36, no compensation shall be payable by
the Board to the Corporation, the Municipality or the
Zila Parishad, as the case may be, in respect of that iand.
{2) Where any iand vests in the Board under section
32 and no declaration is made under sub—seetion (1) in_
respect of the land, the Board Shah pay ta the Corporation,
the Municipahty 01‘ the Ziia Parishatt, as the Case may
4L1 . _ 3‘
1:. e :1e yaiae 01 “114‘'3“""‘. (VW‘O ‘1‘
711';1
e- ..
DC, as careehsate 3 W11:
 
3-41 (1) The Board may amt" divert, discontinue
the public use of, or permanentiy eiese, any public street
vested in it or any part thereef.
(2) Whenever the Board discontinues the public use
of, or permanently closes, any public street vested in it
ah vest in the Bean“! it shah vest aecm‘dmgly.
Compensa-
tion in res-
pect of land
vested in the
Board.
Power of
Board to turn
or close
public street
vested inii.
Reference to
Tribunal in
case of dis-
pute under
section 33 or
34.
Vesting in
Corporation,
Municipality
0r Zila Part-
shad, of
street iaid
out or altered
and open
space provi-
ded by the
Board under
Housing
Scheme.
16
or any part thereof, it shall, as far as practicable provide
some other reasonable means of access to be substituted
in lieu of the use, by those entitled, of the street or part
thereof and pay reasonable compensation to every person
who is entitled, otherwise than as mere member of the
public, to use such street or part as a mean of access and
has suffered damage from such discontinuance or closing.
(3) In determining the compensation payable to any
person under sub-secti0n(2) the Board shail make allowance
for any benefit accruing to him from the construction;
provision or improvement of any other public street- at
or about the same time that the public street or part
thereof, on account of which the compensation is paid,
is discontinued or closed.
(4) When any public street vested in the Board is
permanently closed under sub-section (1), the Board may
sell or lease so much of the said street as is no longer
required.
35. If there is any dispute as to whether any com-
pensation is payable under section 33 or as to the
amount of compensation payable under section 33 or sec-
tion 34, as the case may be, the matter shall be referred to
the Tribunal. '
36. (1) Whenever the State Government is satisfied—
(a) that any street laid out or altered by the
Board has been duly leveiied, paved, metaiied,
flagged, channelled, sewered and drained as
required for any housing scheme included
in the Budget approved by the State Govern-
ment under section 28, and
(b) that such lamps, lamp-posts and other appa-
ratus as the Corporation, the Municipality
or Zila Parishad, as the ”case may he,
considers necessary for the lighting of such
street and as ought to be provided by the
Board have been so provided, and
(c) that water and other sanitary conveniences
have been duly provided in such street, the
State Government may declare the street
to be public street and the street shall there-
upon vest in the Corporation, Municipality
or Zila Parishad, as the case may be, and
173
shall thenceforth be maintained, kept in
repair, lighted and cleaned by the Corpora-
tion, Municipality or Zila Parishad.
(2) When any open space for purpose of ventilation
or recreation has been provided by the Board in executing
any housing scheme the Board may at its option by
resolution transfer such open space to the local authority
concerned on completion of the scheme and thereupon
such open space shall vest in, and be maintained at the
expense of the local authority:
Provided that the local authority may require the
Board before any such open space is so transferred to
enclose, level, turf, drain and lay—out such space and,
provide footpaths therein and if necessary to provide
lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the
Board and the Corporation, Municipality or Zila Parishad
in respect of any matter referred to in the foregoing
provisions of this section, the matter shall be referred
to the State Government whose decision shall be final.
37. (1) It shall be the duty of the Board to take
necessary measures to maintain, allot, lease or otherwise
use the Board premises and to collect rents, compensation
and damages in respect thereof.
(2) The Board may,—-
(i) provide technical advice to the State Govern-
ment and scrutinize projects under housing
schemes in the area to which this Act extends
when required by the State Government to
do so;
(ii) undertake research on various problems con-
nected with housing in general and find out in
particular the economical methods of cons-
tructing houses suited to local conditions ;
(iii) undertake comprehensive surveys of problems
of housing ;
(iv) grant loans to individuals or body of indi—
viduals for building houses under different
schemes either at their own instance or under
the direction of the State Government and
recover the loans in such manner and in
such procedure as may be prescribed ;
Other duties
of the Board.
Md to
msmne
magnum
of requisi-
tioned lands.
lcconstim-
tion of plots.
Power to
exempt
schemes from
provisions of
sections 26
to 31.
ponding law for the time
18
(v) do all things for—
(a) unification, simplification and standar-
disation of building materials ;
(b) encouraging pre-fabrication and mass
production of house components ;
(c) organising or undertaking the production
of building materials for residential or
non—residential house;
securing a steady and suflicient supply
of workmen trained in the work of cons-
truction of buildings.
38. The Board shall, subject to the general control
of the State Government, assume management of all such
land requisitioned of continued to be subject to requisition,
by or under the authority of the State Government under
the Land Acquisition Act, 1894 or by or under any corres-
being in force, as the State
(‘1)
Government may direct.
39. A housing scheme may provide—
(a) for the formation of a reconstituted plot
by the alteration of the boundaries of an
original plot;
with the consent of the owners that two or
more original plots each of which is held
in ownership in severally or in joint owner-
ship shall, with or without alteration of
boundaries be held in ownership in common
as a reconstituted plot;
(0) for the allotment of a plot to any owner
dispossessed of land in furtherance of the
housing scheme; and
(d) for the transfer of ownership of a plot from
one person to another with the consent of
such persons. .
(b)
40. The State Government may, by general or special
order published in the Manipur Gazette, exempt any
housing scheme undertaken by the Board from all or any
of the provisions of sections 26 to 31 subject to such
conditions, if any, as it may impose or may direct that
any such provision shall apply to such scheme with such
modifications as may be specified in the order.
19
CHAPTER—IV
ACQUISITION AND DISPOSAL OF LAND
41. (l) The Board may enter into an agreement
with any person for acquisition from him by purchase,
lease or exchange, of any land which is needed for the
{imposes of a housing scheme or any interest in such
and or for compensating the owners of any such right
in respect of any deprivation thereof or interference
therewith.
(2) The Board may also take steps for the compul-
sory acquisition of any land or any interest therein required
for the execution of a housing scheme in the manner provi-
ded in the Land Acquisition Act, 1894 and the acquisition
of any land or any interest thereto for the purposes of this
Act shall be deemed to be acquisition for a public
purpose within the meaning of the Land Acquisition
Act, 1894.
42. (1) When by the making of a housing scheme
any land in the area comprised in the scheme will, in the
opinion of the Board be increased in value, the Board
in framing the scheme may declare that betterment charges
shall be payable by the owner of the land or person
having an interest therein in respect of the increase in
value of the land from the execution of the scheme.
(2) Such increase in value shall be the amount by
which the value of the land on the completion of execu-
tion of the scheme estimated as if the land were clear of
the buildings exceeds the value of land prior to the
execution of the scheme estimated in like manner and
the betterment charges shall be one half of such increase
in value.
(3) Such betterment charges shall also be leviable
in respect of any land not comprised in the scheme
but adjacent to the area comprised in the scheme.
EXPLANATION : For the purpose of this sub—sec-
tion the State Government may on the recommendation of
the Board, by notification in the Manipur Gazette, declare
such land Which is situated near or contiguous or adjacent
to any land comprised in a scheme to be adjacent to the
area comprised in such scheme.
Power to
purchase or
lease by
agreement.
Betterment
charges .
Notice to
persons liable
for better-
ment
charges.
Agreement
for payment
of betterment
charges.
Recovery of
betterment
charges.
Power to
dispose of
land.
20
43. (1) The Board shall give notice in the prescribed
form to any person who3is the owner of or has interest in
the land in respect of which the betterment charges are to
be leaded and shall give such person an opportunity to be
hear .
(2) After hearing such person or if such person fails
to appear after the expiry of the period within which such
person is required to appear before the B0 ard, the Board
shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges pro-
posed by the Board is accepted by the person concerned
within the period prescribed, the assessment shall be final.
(4) 1f the person concerned does not accept the
assessment proposed by the Board the matter shall be
referred to the Tribunal. 3 ..
(5) The Tribunalshall, after holding an inquiry and
after hearing the person concerned, assess the amount of the
betterment charges payable by the person.
44. (1) Any person liable to pay betterment charges
in respect of any land may at his option, instead of paying
the same to the Board, execute an agreement with the Board
to leave the payment outstanding as a charge on his inte-
rest in the land, subject to the payment in perpetuity of
interest at such rate as may be prescribed.
(2) Every payment due from any person in respect of
betterment charges and every charge referred to in sub-sec-
tion (1) shall notwithstanding anything contained in any
other enactment and notwithstanding the execution of any
mortgage or charge created either before or after the com-
mencement of this Act, be the first charge upon the interest
of such person in such land.
45. A11 sums payable in respect of any iand by any
person in respect of betterment charges under section 42 or
by any person under an agreement under section 44 shall
be recoverable on behalf of the Board as an arrear of land
revenue.
46. Subject to any rules made by the State Govern—
ment under this Act, the Board may retain,1ease, sell,
exchange or otherwise dispose of, any land, any building
or other property vesting in it and situate in the area
comprised in housing scheme permitted under this Act.
'71h
47?. (3} Where by the making of a housing scheme,
any plot comprised in the area included in the schemes are
reconstituted or any person is dispossessed, any person
afiectecl by such reconstitution or dispossession may apply
to the Board for compensation. The Board may, after
making such inquiry as it thinks fit, decide whether the
applicant is entitled to any compensation and if so to
what extent- If the person is dissatisfied With the decision
of the Board in the matter, he may inform the Board
accordingly. The Board shall thereupon refer the matter
to the Tribunal.
(2): The- Tribunal shall then after making an inquiry
'determine the amount of compensation and direct the
Board to pay the same to the person entitled.
48. (1) Notwithstanding anything to the contrary
in the Land Acquisition Act, 1894 the award of the
Tribunal in relation to the acquisition of land shall be V
deemed to be the award of the court under the said
Act.
(2) Any person who does not agree to the amount
of the compensation awarded by the Tribunal for the
land acquired for the Board under the Land Acquisition
Act, 1894 or to the persons to whom it is payable or .to
the appointment of the' compensation among those persons
may, within sixty days from the date of the award of
the Tribunal prefer an appeal to the Gauhati High Court:
Provided that the High Court may entertain the
appeal after the expiry of the said period if it is satisfied
that the appellant was prevented by sufficient cause from
filing the appeal in time.
49. Every award of the Tribunal and every order
made by the Tribunal for the payment of money, for
the delivery of possession or removal of any structure
shall be enforced by the District Judge’s Court having
jurisdiction over the area in which the land concerned
in the proceeding of the Tribunal is situated as if it
were " the decxee of the said Court.
Dispute
regarding
reconstitu-
tion of plot;
Appeales
from awards
of l'n'bunais.
Awards and
. orders of
Tribunal to
be executed
by Civil
Co urts.
Appointment
of competent
authorities.
‘Power to
evict certain
persons from
Board
premises.
22
CHAPTER—V
POWER TO EVICT PERSONS FRGM BOARD
PREMISES
50. The State Government may, by notificatien in
the Official Gazette, appoint an officer who holds of
has held office which, in its opinion, is not lower in
rank than that of a Joint Secretary to the Government
of Maniput to be the competent authority for performing
the functions of the competent authority under this
Chapter in such area, or in respect of such premises
or class of premises, as may be specified in the notificatien,
and more than one officer may be appointed as cempetent
authority in the same area in respect of different premises
or difierent classes of premises.
51. (1) If the competent authority is satisfied—
(a) that the person authorised to eccupy any
Board premises has,
(i) not paid rent lawfully due frem him
in respect of such premises for a period
of more than two months, or
(ii) sub-let, without the permission of the
Board, the whole or any part of such
premises, or
(iii) committed, or it is committing any act
contrary to the provisions of clause (0)
of section 108 of the Transfer of Property
Act, 1882, or
(iv) made, or is making, material additiens
to or alterations, m such premises with
out the previous wntten permission of
the Board, or
(V) otherwise acted in contravention of any
of the terms express or implied, under
which he is authorised to occupy such
premises, or
(b) that any person is in unauthorised occupa-
tion of any Board premises, the campetent
authority may, notwithstanding anything
contained in any law for the time being in
23
force by notice served (i) by post, or
(ii) by afiixing a copy of it on the outer door
or some other conspicuous part of such
premises, or (iii) in such other manner as
may be prescribed, order that person as
well as any other person who may be in
oecu ation of the whole or any part of the
premises, shail vacate them within one month
(:5 the date 01“ the servize cf the notice.
(2) Before an order under snh—seetim (1,) is made
against any person the competent authority shallinform
the person by notice in writing of the grounds for Which
the proposed order is to be made and give him a reason—
able opportunity oftendering an explanation and pro—
ducing evidenCe, if any, and to show cause why such
order shouid not be made, within a period to be specified
in such notice. If such person makes an application to
the competent authority for extension of the petiod
specified in the notice, the competent authority may
grant the same On such terms as to payment and reco-'
very of the amount claimed in the notice, as he deems
fit. Any written statement put in by such person and
documents produced in pursuance of such notice shall
be filed with the record of the case and such person
shall be entitled to appear before the officer proceeding
in this connection by advocate, attorney or pleader.
Such notice in writing shall be served in the manner
provided for service of notice under sub-section (1);,
(3) If any person refuses or failsto comply with
an order made under sub-section (1), the competent
authority may evict that person from, and take posses-
sion of, the premises and may for that purpose use
such force as may be necessary.
(4) If a perSOn, who has been ordered to vacate any
premises under sub-clause (i) or (v) of clause (a) of sub«
section (1) within one month of the date of service of the
notice or such longer time as the competent authority
may allow, pays to the Board the rent in arrears or
carries out or otherwise complies with the term centrave-
ned by him, to the satisfaction of the competent authority,
as the case may be, the competent authority shall, in lieu
of evicting such person under sub-section (3), cancel its
order made under sub-section (1) and thereupon such.
24
person shall hold the premises on the same terms on
which he held themimmediately before such notice was
served on him.
EXPLANATION : For the purposes of this section
and section 52 the expression “unauthorised occupation”,
in relation to any person authorised to occupy any
Board premises, includes the continuance» in occupation by
him or by any person claiming through or under him
of the premises after the authority under which he was-
allowed to occupy the premises has been duly determined-
52. (1) Subject to any rules made by the State
Government in this behalf and without prejudice to the'
provisions of section 51 Where any person is in arrears
of rent payable in respect of any Board premises, the
competent authority may by notice served (i) by post, or‘
(ii) by afiixing a copy of it on the outer door or some
other conspicuous part of such premises, or (iii) in such
other manner as may be prescribed, order that person to
pay the same within such time not less than fifteen days
as may be specified in the notice. If such person refuses-
or fails to pay the arrears of rent within the time speci~
fied in the notice, such arrears may be recovered as
arrears of land revenue.
(2) Where any person is in unauthorised occupation
of any Board premises, the competent authority may, in
the manner, and having regard to the principles of assess-
ment of damages, prescribed in this behalf assess such
damages on account of the use and occupation of the-
premises as it may deem fit, and may by notice served
(i) by post, (ii) by affixing a copy of it on the outer door
or some other conspicuous part of such premises, or (iii)
in such other manner as may be prescribed, order that per-
son to pay the damages within such time as may be spe-»
cified in the notice. If any person refuses or fails to pay the-
damages Within the time specified in the notice, the damages,
may be recovered from him as arrears of land revenue.
(3) No order shall be made under sub-section (2):
until after the service of a notice in writing to the person.
calling on him to show cause, Within a reasonable period,
to be specified in such notice Why such order should not be:
made, and until his objections, if any, and any evidence he:
may produce in support of the same have been considered
by the competent authority.
25
5'3. (1} Without prejudice to the provision of section
52, any persen who is an employee of the State Govern—
ment or a local authority and who has been allotted any
Board premises, may execute an agreement in favour of the
State Government or any local authority as the case may
be, providing that the State Government or the local autho-
rity, as the case may be, under or by Whom he is employed,
shall be competent to deduct from the salary or wages
payable to him such amount as may be specified in the
agreement and to pay the amount so deducted to the Board
in satisfaction of the rent due by him in respect of the
Board premises allotted to him.
(2) On the execution of such agreement, the State.
Government at local authority, as the case may be, shall,
if so required by the Board by requisition in writing make
the deduction of the amount specified in the requisition
from the saiary 0r wages of the employee specified in the
~teqnisition in accordance with the agreement and pay the
amount so deflected t0 the Board :
1,
Previded that no such agreement in favour of the local
authority by the employee concerned shall be valied unless
such Inca} authority has agreed in writing to make such
deduction on account of rent from the salary or wages of
the employee-
54. (1) Any person aggrieved by an order of the com-
petent authority under section 51 or section 52 may, within
one month of the date of the service of the notice under
section 51 or section 52, as the case may be prefer an app eal
t0 the State Government :
Provided that the State Government may entertain the
appeal after the expiry of the said 

Excerpt shown. Open the full act in Lexace.

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