LexThe Meghalaya State Housing Board Act, 1986, Act No. 7 of 1986.
Meghalaya · state statute
Open in Lexace · Ask the AI about this actMEGHALAYA ACT 7 OF 1986
THE MEGHALAYA STATE HOUSING BOARD ACT, 1986
(As passed by the Assembly)
[Received the assent of the Governor on the Twenty-seventh May, 1986]
(Published in the Gazette of Meghalaya, Extraordinary, dated 2nd June, 1986)
An
Act
to provide for the constitution and regulation of Housing Board for Meghalaya for the purpose
of taking measures to deal with need for housing accommodation and to deal with the need for
housing accommodation and for matters connected therewith.
Be it enacted by the Legislature of Meghalaya in the Thirty-Seventh Year of the Republic
of India as follows:-
CHAPTER I
PRELIMINARY
Short title extent
and
commencement
1. (1) This Act may be called the Meghalaya State Housing Board
Act, 1986.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall be deemed to have come into force 24th day of
January, 1986.
Definition 2. In this Act, unless the context otherwise requires,-
(a) “Board” means the Meghalaya State Housing Board
constituted under Section 3;
(b) “Board Premises” means any premises belonging to or
taken on lease by or on behalf of the Board or vested in or
entrusted to or in possession or under the control of the
Board under this Act;
(c) “Competent Authority” means any person or authority
authorized by the Government, by notification, to perform
the functions of the Competent authority under this act for
such areas as may be specified the notification;
(d) 1““Chairman” and “Vice Chairman” mean the Chairman
and Vice Chairman of the Board
”.
(e) “Government” means the Sta te Government of
Meghalaya.
(f) “Housing Scheme” means Housing Scheme made under
this act; the rules and regulations framed thereunder.
(g) “Local Authority” includes a Town Committee
established under a District Council.
1Substituted by Act 7 of 1993, Section 2(d). Earlier the words read as “Chairman” means the Chairman of the Board.
(h) “Member” means prescribed by rules made under this Act;
(i) “Prescribed” means prescribed by rules made under this
Act;
(j) ‘promises’ means any land or building or part of a
building and includes:-
(i) the garden, grounds and our houses, if any ,apartment
to such building or part of a building, and
(ii) any fitting affixed to such building or part of a
building for the more beneficial enjoyment thereof;
(k) “Rules” means rules made under this Act;
(l) “Regulation” means Regulation made under this Act;
(m) “Section” means a Section of this Act.
CHAPTER II
ESTABLISHMENT OF THE BOARD
Constitution of
the Board.
3. (1) The Government may, by notification for the purposes of this
act, establish a Board by the name of the Meghalaya State
Housing Board.
(2) The Board shall be a body corporate having perpetual
succession and a common seal with power, subject to the
provisions of this Act to acquire hold and dispose of property
both movable and immovable and enter into contract and
may, by the said name, sue and be sued.
Members of the
Board.
4. (1) The Board shall consist of 1“a Chairman and vice -
Chairman
”, who shall be appointed by the Government, and
the following members, namely.-
(a) Secretary, Housing or his nominee not below the rank of a
Deputy Secretary (Housing).
(b) Secretary, Finance or his representative not below the rank
of a Joint Secretary;
(c) Chief Engineer, P.W.D. or his representative not below the
rank of a Superintending Engineer;
(d) Director of Housing;
(e) Housing Commissioner, who shall be the Member -
Secretary.
1Substituted by Act 7 of 1993, Section 2, Earlier the words read as “a chairman”.
Explanation - For the purpose of clauses (a ) and (b)
“Secretary” includes Special Secretary.
Non-Official members:-
(f) 1“Seven
” non-official members to be appointed by the
Government.
(2) The Government may, by notification, remove from office
the 2“Chairman, the Vice Chairman
Disqualification
for appointment
as a member of
the Board.
” or any other member.
5. Save as otherwise provided in this Act, a person shall be
disqualified for being appointed or continuing as 3“Chairman, the
Vice Chairman
(a) holds any office of profit under the Board;
” or member of the Board, if he,-
(b) is of unsound mind;
(c) is an undischarged insolvent; has directly or indirectly any
share or interest in any contract or employment with, by or
on behalf of the Board.
(d) has been convicted by a court of any offence involving
moral turpitude or convinced of economic offence;
(e) is a Director, Secretary, Manager or a salaried officer of any
company which has any share or interest in any contract or
employment with, by or on behalf of, the Board.
Explanation -
A person shall not be deemed to have any share or interest in
any company within the meaning of clause (d) or (f) of the
section only by reason of his having, or the company in which he
is a Director, Secretary, Manager or a salaried officer is having a
share or interest in any n ewspaper in which any advertisement
relating to the affairs of the Board is inserted.
Terms of office
and Conditions
of Service of the
Chairman and
members.
6. (1) The 4“Chairman, the Vice Chairman
” and every non -official
member shall hold office for a period of two years from date
of appointment but shall be eligible for re -appointment as
such Chairman or Member.
(2) The 5“Chairman, the Vice Chairman
” shall receive such
remuneration and the nonofficial members such travelling
allowances and daily allowances as may be prescribed.
1 Substituted by Act 7 of 1993, Section 2 (ii), Earlier the words read as “Three”
2 Substituted by Act 7 of 1993, Section 4 (2), Earlier the words read as “Chairman”
3 Substituted by Act 7 of 1993, Section 4 , Earlier the words read as “Chairman”
4 Substituted by Act 7 of 1993, Section 4 , Earlier the words read as “Chairman”
5 Substituted by Act 7 of 1993, Section 4 , Earlier the words read as “Chairman”
Resignation of
Chairman and
members.
7. The 1“Chairman, the Vice Chairman
Filling up of
vacancies.
” or any non -official
member may resign his office by tendering his resignation to the
Government but shall continue to remain in office until his
resignation is accepted.
8. In the event of any vacancy occurring in the membership of the
Board, the vacancy shall be filled up, as soon as may be , by
appointment of a new member who shall hold office for the
unexpired term of his predecessor.
Appointment of
Officer and staff
of the Board.
9. (1) 2“The Housing Commissioner and other Officers of the
Board equivalent in rank to Government servants of the
Group “A” category shall , whenever necessary, be appointed
by Government and their salar ies, qualifications and other
conditions of service shall be such as may be prescribed
(2) The Board shall appoint other officers and staff as it may
consider necessary for efficient functioning of the Board.
”.
Appointment of
Committee.
10. Subject to the Ru les made under this Act, the Board may from
time to time and for any local area, district or Sub division
appoint one or more committees for the purpose of discharging
such duties and functions as may be entrusted by the Board.
Meetings of the
Board.
11. (1) The Board shall meet at least six times in a year to transact its
business and a period of more than two months shall not
lapse between two consecutive ordinary meetings of the
Board.
(2) For transacting urgent business 3“the Chairman or in his
absence, the Vice Chairman
” may convene special meetings
of the Board.
(3) Business at the meeting of the Board, shall be transacted in
accordance with such regulations as the Board may make in
that behalf subject to the following conditions, namely:-
(a) the quorum of ordina ry or special meetings shall be one -
third of the total membership including the 4“Chairman,
the Vice Chairman
(b) every meeting shall be presided over by the
” ;
5“the
Chairman and in his absence by the Vice Chairman and
in case both are absent
” and in his a bsence, by any
members present at the meeting.
1Substituted by Act 7 of 1993, Section 2 , Earlier the words read as “Chairman”
2Substituted by Act 4 of 1990, Section 4 , Earlier the words read as “The Government shall appoint a Housing Commission and
other officers of the Board the maximum of whose scale of pay is Rs.1,650 per mensem and above and their salary, qualification
and other conditions or service shall be such as may be prescribed.”
3Substituted by Act 7 of 1993, Section 6 , Earlier the words read as “Chairman”
4Substituted by Act 7 of 1993, Section 5 , Earlier the words read as “Chairman”
5Substituted by Act 7 of 1993, Section 7 , Earlier the words read as “the Chairman and in his absence”
(c) if at any special or ordinary meeting of the Board there is
no quorum, the person presiding over the meeting shall
adjourn the meeting to any other day, not being later than
7 days from the date of adjournment and no quorum shall
be necessary for such adjourned meeting; and
(d) all question at any meeting shall be decided by a majority
of votes of the members present and voting, other than
the persons presiding who shall have and exercise a
casting voter only in case of a tie.
(4) No act or proceedings of the Board shall be merely by reason
of the existence of any vacancy in the membership of the Board.
Temporary
association
of persons with
the Board for
particular
purposes.
12. (1) The Board may, for any par ticular purpose, temporarily
associate with itself any person whose assistance or advice it
desires provided that the number of such persons shall not, at
any time be more than three.
(2) A person so associated with the Board may taken part in the
deliberations of the Board meeting but shall have no right to
vote.
(3) The Government may send its representative in addition to
those who are members of the board to attend any meeting of
the Board and
to take part in any deliberation of the Board
meeting but such representatives shall have no right to vote.
Execution of
contracts.
13. Subject to the previous approval of the Board in each case, all
contracts and agreements for and on behalf of the Board shall be
executed by the Housing Commissioner.
CHAPTER III
HOUSING SCHEMES
Powers and
duties of the
Board to
undertake
Housing
Schemes.
14. (1) The Board may frame Housing Schemes and execute works
and incur expenditure in connection therewith on such terms
and conditions as the Government may direct.
(2) The board may, s ubject to approval of the Government
undertake and execute any housing scheme on behalf of a
District Council, Local authority, Co- operative Society or
any Organisation or Association for providing residences to
their employees.
Matters to be
provided
for by Housing
Schemes.
15. (1) A Housing Schemes may provided for all or any of the
following matters; namely:-
(2)
(a) acquisition by purchase, exchange or otherwise of land
or any property necessary for the execution of the
Scheme;
(b) laying or relaying out of an y land comprised in the
Scheme;
(c) closure or demolition of dwellings or portions thereof
unfit
for human habitat on within land owned or
controlled by the Board;
(d) demolition of obstructive buildings or portion thereof
within land owned or controlled by the Board.
(e) Construction of buildings within land owned or
controlled by the Board.
(f) Sell, letting go out or exchange of any property
comprised in the Scheme;
(g) Construction and alteration of roads or lanes within the
land owned or controlled by the Board.
(h) Letting out, management and use of the Board premises
or property owned or controlled by the Board;
(i) Provisions of accommodation for inhabitants;
(j) necessary amenities and services to Housing Colonies
owned by the Board;
(k) any other matter for which, in the opinion of t he
Government, it is expedient to make provision with a
view to provided housing accommodation and for the
improvement and development of any are comprised in
the Scheme.
(3) No Housing Scheme under sub- section (1) shall be made for
any area for which an improvement Scheme has already been
sanctioned by the Government under any enactment for the
time being in force nor shall such scheme contain anything
which is inconsistent with any of the matters included in a
Town Planning Scheme of the Government made unde r any
law for the time being in force.
Types of
Housing or
Improvement
Schemes.
16. A Housing or Improvement Scheme shall be one o r a
combination of any two or more of the following type s or
adaptation of any features thereof, namely:-
(a) a house accommodation scheme;
(b) a building scheme;
(c) a rehabilitation housing scheme;
(d) a city or town or village expansion scheme;
(e) a road construction or development scheme;
(f) a land development scheme;
(g) a site development and services scheme.
Placing of
Budget before of
Board.
17. (1) 1“The Chairman or in his absence, the Vice Chairman
” shall,
at a special meeting to be held in the month of January each
year, lay before the Board the Budget for the next financial
year.
(2) The Budget shall be prepared in such form as may be
prescribed and shall,-
(a) include the housing schemes which the Board proposes to
execute in whole or in part;
(b) indicate fulfillment of all the liabilities of the Board; and
(c) contain a statement showing the estimated receipts and
expenditure on capital and revenue accounts and such
other particulars as may be prescribed.
(3) The Board shall consider the Budget laid before it and
approve it with or without modification.
Submission of
Budget
to Government.
18. (1) The Budget approved by the Board under Section 17 shall be
submitted to the Government for approval and the
Government may approve it or return it back to the Board for
making such modification as the Government may direct.
(2) When the Budget is returned to the Board by the Government
for
making any modification, the Board shall make the
modification and re-submit the Budget so modified to the
Government for proposal.
Supplementary
Budget.
19. 2“The Chairman or in his absence, the Vice Chairman
Publication of
sanctioned
Schemes.
” may, at
any time during the year for which the Budget has been approved
by the Government, lay before the Board a Supplementary
Budget and the provisions of Sections 17 and 18 shall apply to
such Budget.
20. After the Budget is approved by the Government, the Board shall
cause the Housing Schemes in respect of which provisions has
been made in the Budget, to be published in the Officials Gazette
and in local papers in such manner as may be prescribed.
Variation of
Housing
Scheme.
21. The Board may alter a Housi ng Scheme or any part thereof
included in the Budget as approved by the Government, provided
that no alteration shall be made if it involves an expenditure in
excess of 10 percent of the amount allocated for that particular
scheme in the Budget or if it effects the scope or purpose of such
Scheme.
1Substituted by Act 7 of 1993, Section 6 , Earlier the words read as “the Chairman”
2Substituted by Act 7 of 1993, Section 6 , Earlier the words read as “the Chairman”
Vesting of road
or of a local
authority or
District Council
in the Board.
22. (1) Whenever any road, land or any part thereof situated in any
area within a local authority or District Council of vested in a
local authority or District Council in required for the purpose
of any programme of Housing Scheme, the Board shall move
the local authority or District Council as the case may be for
vesting of the road, land or any part thereof in the Board.
(2) Where the local au thority or District Council agrees to the
vesting of such road, land or any part thereof in the Board ,
the same shall vest in the Board according to such terms and
conditions as may be agreed upon.
(3) Where the local authority or District Council does not ag ree
or fails to agree to the Boards proposal, the Board shall refer
the matter to the Government for decisions.
Power of the
Board to divert
or close any
public road
vested in it.
23. (1) The board may for the purpose of carrying out any
programme of any Housing Scheme and after public notice is
given, divert the public use of, or close any road or part
thereof vested in the Board.
(2) Whenever the Board closes th e public use of any road or any
part thereof vested in it, it shall provide some other
alternative m eans of access to those entitled to the use of
such road or part thereof.
(3) No compensation whatsoever shall be paid to any person
effected by the closing of any road or part thereof vested in
the Board.
Vested of road,
open space, etc.
Made by the
Board in a local
authority, etc,.
Public
purposes.
24. The Government may, at the request of the Board, with respect to
any road, street, lane or open space for purpose of recreation
made and developed under the housing Scheme, declare such
road, street or lane to be a public road, street or lane or an open
space for public recreation and transfer it for future improvement
and maintenance to any agency of the Government or local
authority.
Other duties of
the Board.
25. (1) It shall be the duty of the Board to take measures with a view
to expedite matters and to reduce the cost of construction of
building and the Board shall, for that purpose do all things
such as,-
(a) unification, simplification and standardisation of building
materials;
(b) encouraging pre -fabrication and mass production of
building components;
(c) organising or undertaking the production of building
materials required for housing scheme;
(d) encouraging research for discovering cheap building
materials and evolving new methods of economic
construction; and
(e) securing a steady and sufficient supply of work -men
trained in the work of construction of buildings.
(2) The Board may provide tec hnical advice to the Government
and scrutinize projects under Housing Scheme as when
required by the Government so to do.
(3) The board may undertake research on various problems
connected with housing in general and in particular to find
out the economical method of constructing houses suited to
local conditions and to undertake comprehensive surveys of
problems of housing.
Mode of disposal
of Housing
Units.
26. All buildings constructed by the Board shall be disposed of by
the board by letting out, lease, sale or hire purchase or otherwise.
Maintenance of
Housing Units of
disposed of.
27. In case of rental buildings or Hous ing Units which cannot be
disposed of immediately, the Board shall be responsible for their
maintenance.
CHAPTER IV
ACQUISITION AND DISPOSAL OF LAND
Power to
purchase or
lease by
agreement.
28. (1) The Board may enter into an agreement with any person for
the acquisition by purchase, lease, exchange or otherwise of
any land or any interests therein which is needed for the
purpose of Housing Schemes and such agreement may
provide for compensation the owners thereof.
Power to evict
person
29. (1) Notwithstanding anything to the contrary containing in any
other law for the time being in force , if the competent
authority is satisfied-
(a) that the person authorised to occupy any Board premises-
(i) has not paid rent lawfully due from him in respect of the
premises for a period of more than two months, or
(ii) has sublet without the permissions of the Board the whole
or any part of the premises, or
(iii) has otherwise acted in contravention of any of the terms
and conditions under which he is authorised to occupy
such premises, or
(b) that any person is in unauthorised occupation of any Board
premises, the competent authority may, by notice served
upon the person or persons in occupation of the premises by
registered post or otherwise or by
affixing a copy of the
notice on the outer door or some other conspicuous part of
the premises, order that the person as well as any other
person who may be in occupation of the whole or any part of
the said premises vacate them within one month from the
date of the service of the notice.
(2) Before an order under sub -section (1) is made against any
person, the competent authority shall inform the person by
notice in writing of the grounds on which the proposed order
is to be made and give him a reasonable opportunity of
tendering an explanation and producing evidence, if any, and
to show cause why such order should not be made within a
period to be specified in the notice.
(3) The competent authority may, on application and for
sufficient cause shown, grant extension of the period
specified in the notice served under sub-sections (1) or (2) as
it deems fit.
(4) Any written statement put in by such person and documents
produced in pursuance of such notice shall be filed with the
records of the case, and
such person shall be entitled to
appear in the proceedings either in person or by an authorised
agent or by a pleader.
(5) If any person refuses or fails to comply with the order made
under sub-section (1), the competent authority may evict that
person from and take possession of the premises and may, for
that purposes, use such force as may be necessary.
(6) If any person who has been ordered to vacate any premises
under sub- clauses (i) or (iii) of clause (a) of sub -section (l)
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 areas or carries out or otherwise complies
with the terms and conditions contravened by him to the
satisfaction of the competent authority, the competent
authority shall, in lieu of eviction of such person under the
section, cancel its order made under sub- section (1) and
thereupon such person shall hold the premises on the same
terms and conditions on
Explanation:
For the purpose of this Section and Sections 30 the
expression “Un-authorised Occupation” in relation to any person
authorised to occupy any Board premises includes the
continuance in occupation by him or by any person claiming
through or under him beyond the period of authorised
occupation.
Power to
recover
rent, loan or
damages as
arrears.
30. (1) Subject to rules made by the Government in this behalf and
without prejudice to the provisions of section 29, where any
person is in arrears of rent payable in respect of any Board
premises, or is in arrears of repayment of any lo an or interest
under any Housing Scheme, the competent authority may, by
notice served in the manner laid down in sub- section (1) of
Section 29, order that person to pay the same within such
time not being less than fifteen days as may be specified in
the notice. If such person refuses or fails to pay the arrears of
rent, loan or interest, as the case may be, within the time
specified in the notice, such arrears may be recoverable from
him as an arrears of land revenue.
(2) Where any person is in unauthorised occupation of any Board
premises, the competent a
uthority may, in the prescribed
manner, asses the da mages on account of the use and
occupation of the premises and may, by notice served-
(a) by registered post or otherwise, or
(b) by affixing a copy of the notice on the outer day or some
other conspicuous part of such premises, or
(c) in such other manner as may be prescribed,
order that person to pay the damage within such time as
may be specified in the notice. If any person refuses or fails
to pay the damages within the time specified in the notice,
the damages shall be recoverable from him as arrears of
land revenue.
(3) No order under sub- section (2) shall be made against any
person until after the issue of a notice in writing to the person
calling on him to show ca use within such period as may 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.
Appeal. 31. Any p erson aggrieved by an order of the competent authority
either under Section 29 or 30 may, within one month from the
date of service of such order, prefer an appeal to the Meghalaya
Board of Revenue:
Provided that the Board of Revenue may entertain the appeal
after the expiry of the said period of one month, if it is satisfied
that the appellant was prevented by sufficient cause from filing
the appeal in time.
Rent to be
recovered
by deduction
from salary or
wages in certain
cases.
32. (1) Without prejudice to the provision of Section 29 or 30, where
any person who is an employee of the Central or State
Government , a Local Authority, District Council or of a
Private Employer has been allotted with any Board premises
he may execute an agreement in favour of the Board to the
effect that the Central or State Government, the Local
authority, District Council or Private Employer, as the case
may be, under or by whom he is employed, shall be
competent to deduct from that 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 from him in respect of the Board Premises allotted in
him
.
(2) On the execution of such agreement, the Central or State
Government, the Local Authority, District Council or Private
Employer 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 in accordance with the
agreement and pay the amount so deducted to the Board.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
Board’s Fund. 33. (1) The Board shall have is own fund called the Housing Board
Fund into which shall be credited all money received -
(a) by way of grants, subdivision, donation and gifts from the
Central Government or any State Government, Local
Authority, District Council or anybody or individual for
all or any of the purposes of this Act; and
(b) by or on behalf of the Board under the provisions of this
Act as well as all proceeds from the sale of land or any
other kind of property of the Boards, all rents, interests,
profits, and other moneys accruing to the Board.
(2) Except as otherwise directed by the Government, the Board
may deposit its funds in one or more Banks or invest them in
Securities, or partly in one and partly in the other;
Provided that in case of investment in securities, the same
shall be done only with prior approval of the Government.
(3) The accounts of the Board shall be operated upon by such
officers as may be authorised by the Bo ard by a general or
special order.
Application of
the fund.
34. All properties, funds and other assets of the board shall be held
and applied by it, subject to the provisions and for the purposes
of this Act.
Subvention and
loans to the
Board.
35. The Government may, from time to time, make subventions or
advance loans to the Board for the purposes of this Act on such
terms and conditions as the Government may determine.
Power of the
Board to
borrow.
36. (1) Subject to the provisions of this Act and with the previous
approval of the Government, the Board may, from time to
time, borrow money required for the purposes of this Act
from the public or from any corporation owned or controlled
by the Central or any State Government.
(2) Whenever the borrowing of any sum of money has been
approved by the Government, the Board may, instead of
borrowing such sums or any part thereof from the public,
take credit from any bank or any financial institution owned
or controlled by the Central or any State Government on a
cash account to be kept in the name of the Board and may
with the previous sanction of the Government, mortgage all
or any of the properties vested in the Board as security for
such credit.
(3) Subject to such conditions and limitations as may be
prescribed and with the previous approval of the Government
,the Board may, for the promotion and execution of any
Housing Scheme, enter into financial arrangement with the
Life insurance Corporation of India, any Bank or other
financial institutions approved by the Government.
(4) Subject to the provisions of this Act and such conditions and
limitations as may be prescribed, the Board may, out its
funds, grant loans and advances on such terms and conditions
as it may determine, to any co -operative society registered
under the Meghalaya Cooperative Society Act or to any other
person for the construction of houses.
Guarantee by
the Government.
37. The Government may guarantee may guarantee in such manner
and subject to such conditions as it may think fit, the repayment
of th e principal including interest of any loan borrowed and
debentures issued by the Board.
Forms of
debentures.
38. (1) Whenever money is borrowed by the Board by issue of
debentures, the debentures shall be in such form as the Board
may, with the previous sanction of the Government, specify.
(2)
1“All debentures issued by the Board shall be signed jointly
by
-
(a)
(b)
the Chairman or, in his absence, the Vice Chairman;
and
the Housing Committee
”.
Expenditure in
case of urgency.
39. (1) Where, in the opinion of the Board, circumstances of urgency
have arisen, the Board may incur in any year recurring
expenditure not exceeding rupees fifty thousands and non-
recurring expenditure not exceeding rupees two lakhs
notwithstanding that such expenditure has not been included
in the Budget approved by the Government.
(2) Where any expenditure is incurred under sub- section (1), a
report thereon, indicating the source from which the
expenditure was made, shall be sent, as soon as practicable,
to the Government for approval.
Accounts and
Audit.
40. (1) The Board shall cause to be maintained proper books of
accounts and such other records as the rules may require and
shall prepare in accordance with the rules a statement of
accounts for each financial year.
(2) The accounts of the Board shall be audited once a year by
authorised auditors (Chartered Accountants) to be appointed
by the Board.
(3) As soon as the accounts of the Board have been audited the
Board shall send a copy ther eof together with a copy of the
auditors to the Government and shall cause the accounts to be
published in the official Gazette n ot later than four months
after 31st March every year.
(4) The Board shall com ply with such directions as the
Government may, after perusal of t he report of the auditor,
think fit to issue.
1Substituted by Act 7 of 1993, Section 8, Earlier the words reads as “All debentures issued by the Board shall be signed by the
Chairman and the Housing Commissioner of the Board”.
Concurrent and
Special
Audit of
Accounts.
41. (1) Notwithstanding anything contained in Section 40, the
Government may order that there shall be a concurrent audit
of the accounts of the Board by such person as it thinks fit.
The Government may also direct spec
ial audit of the
Accounts of the board relating to any particular transaction or
a class or series of transactions or to a particular period.
(2) When an order is made under sub-section (1), the Board shall
present or cause to be presented for audit such acco unts and
shall furnish to the person appointed under sub -section (1)
such information as the said person may require for the
purpose of audit.
CHAPTER VI
MISCELLANEOUS
Reports. 42. The Board shall, on such, date and in such form and at such
intervals as may be prescribed, submit to the Government a
report on such matters as may be required and the Government
shall cause such report to be published in the official Gazette and
every such report shall be laid before the House of the S tate
Legislature as soon as may be after it is published.
Other
Statements and
returns.
43. The Board shall submit to the Gover nment such statistics,
returns, particulars, statements; documents or papers in regard to
any proposed or existing scheme or relating to any matter or
proceedings connected with the working of the Board at such
times and in such forms and manner as may be prescribed or as
the Government may, from time to time, direct.
Power of entry. 44. 1
(a) make any inspection, survey, measurement, valuation or
enquiry.
“The Chairman , the Vice -Chairman” or any person, either
generally or specially autho rised by the Chairman in this behalf,
may enter upon the Board’s own land or in any land with prior
consent of its owner or person in occupation of the land, in order
to-
(b) cut, dig or bore into sub-soils;
(c) set boundaries and intended lines or work;
(d) do any other think for any of the purposes of Housing
Scheme under this Act;
1Substituted by Act 7 of 1993, Section 4. Earlier the words read as “Chairman”.
Provided that-
(a) no such entry shall be make between sunset and sunrise;
(b) sufficient notice shall be given for any entry;
(c) no dwelling house and no public building which is used as a
dwelling place shall be so entered except with the consent of
the occupier thereof, and without giving the said occupier
atleast twenty -four hours previous written notice of the
intention to make such entry;
(d) due regard shall be given, so far as may be compatible with
the exigencies of the purposes for which the entry is made,
to the social and religious usages of the occupants of the
premises entered.
Valuation of
assets and
liabilities of the
Board.
45. The Board shall at the end of eve ry five years, make a valuation
of its assets and liabilities and may appoint a person approved by
the Government for this purpose;
Provided that the Government may direct a valuation to be
made at any time it may consider necessary.
Power of the
Board to
construct
buildings.
46. Notwithstanding anything contained in this Act, the board may
undertake construction of buildings on behalf of the Government,
a Local Authority
, District Council or a Corporation or
Undertaking owned or controlled by the Government or a Co-
operative Society registered under the Meghalaya Co -operative
Societies Act, subject to such terms and conditions as may be
agreed upon in pursuance of a contract.
Government’s
power to
give direction to
the
Board.
47. The Government may give the Board such directions as in its
opinion are necessary or expedient to car ry out the purposes of
this Act and the Board shall comply with such directions.
Power to order
enquiries.
48. (1) The Government with a view to satisfy itself that the powers
and duties of the Board are being exercised and performed
properly may, at any time, appoint any person or persons to
make enquiries into all or any of the activities of the B oard
and to report to the Government the result of such enquiries.
(2) The Board shall give to the persons so appointed all facilities
for the proper conduct of enquiri es and shall produce before
the person or persons all documents, books of account and
other information in the possession of the board which such
person or persons may call for the purposes of the enquiries.
Default in
performance
of duties and
supersession.
49. (1) If the Government is satisfied that the Board has defaulted in
performing any duty imposed on it by or under this Act, it
may fix a period for the performance of that duty.
(2) If in the opinion of the Government the Board fails or
neglects to perform such duty within the period so fixed it
shall be lawful for the Government to superse de and
reconstitute the Board in the prescribed manner.
(3) On supersession of the Board and until it is re -constituted the
powers, duties and functions of the Board shall be carried out
by the Government or by such Officer or Officers as it may
appoint for this purpose.
Dissolution of
the Board.
50. (1) The Government, if it is satisfied that in public interest it is
necessary so to do, may, by notification in the Official
Gazette, dissolve the Board with effect from such date as it
may specify and the Board shall stand dissolved accordingly.
(2) On the dissolution of the Board under sub-section (1)-
(a) all properties, funds, interests and rights which vest in the
board shall vest in the Government; and
(b) all liabilities enforceable against the board shall be
enforceable against the Government.
(3) Nothing in this section shall effect the liability of the
Government in respect of loans or debentures guaranteed
under Section 37.
(4) Every notification made under sub-section (1) shall be laid
before the House of the State Legislature as soon as may be.
Act not to
contravene
Meghalaya Act I
of 1971.
51. No land or building or any interest therein vested in the Board or
in any person under the provisions of this Act or under the Rules,
Regulations or Bye -Laws made thereunder shall be leased out,
sold, exchanged or otherwise transferred by the Board or by such
person in contravention of the Meghalaya Transfer of Land
(Regulation) Act, 1971 as amended.
Power to make
rules.
52. (1) The Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such Rules may be made for all or any of
the following matters, namely:-
(a) the allowances of members and remu neration and conditions
of service of the Chairman;
(b) the manner and form in which contracts shall be entered into;
(c) application forms and particulars of housing schemes and
terms and conditions for grant of loan under housing scheme;
(d) the manner of publication of housing schemes included in the
Budget;
(e) the forms of notices under Sections 29 and 30;
(f) the procedure to be followed in taking possession of any
board premises under Section 29;
(g) the manner in which assessment may be made under Section
30;
(h) the manner in which appeals may be preferred under Section
31;
(i) the conditions subject to which the Board may borrow any
sum under Section 36;
(j) the manner of preparation, maintenance and publications of
accounts under Section 40;
(k) submission of reports, returns, etc., under Sections 42 and 43;
(l) the manner in which the Board shall be superseded and
reconstituted under Section 49;
(m) qualification and other conditions of service of the Housing
Commissioner and other officers of the Board whose
appointment needs prior approval of the Government;
(n) any other matter which is or may be prescribed under this
Act.
Power to make
Regulations.
53. The Board may, from time to time with the previous sanction of
the Government, make regulations consistent with this Act and
the rules made thereunder-
(a) for the management, allotment and use of the buildings
tenements, hutments and premises constructed under a
housing scheme;
(b) for the remuneration and conditions of service of the officers
and employees appointed by the Board.
(c) for delegation of financial powers to 1
“the Chairman , the
Vice-Chairman” and the Housing Commissioner and other
officers;
(d) for regulating the procedure of disposal of its business.
Power to make
Byelaws.
54. (1) The Board may make bye -laws not inconsistent with this Act
and the Rules and Regulations framed thereunder, which may
be necessary or expedient for the purposes of carrying out its
duties and functions.
(2) A bye -law made under this Section may provide that a
contravention thereof shall be an offence.
(3) No bye-law made by the Board shall come into force until it
has been confirmed by the Government.
(4) All bye -laws made under this section shall be published in
the Official Gazette.
Penalty for
contravention of
a bye law.
55. Whoever contravenes a bye -laws made under Section 54 shall,
on conviction, be punished with imprisonment for a term which
may extend up to two months or with a fine which may extend
up to five hundred rupees or with both.
Authority for
prosecution.
56. No Court shall take cognizan ce of any offence punishable order
this Act, except on a complaint from the Board or a person
authorised by the Board by general or special order in this behalf.
Members
Officers and
employees of to
be public
servants.
57. All members, officers and em ployees of the Board when acting
or purporting to act in pursuance of any of the provisions of this
Act shall be deemed to be public servants within the meaning of
Section 21 of the Indian Penal Code.
Protection of
action taken
under the Act.
58. No suit, prosecution or other legal proceedings shall lie against
the board, the Government or any person for anything which is in
good faith done or intended to be done under this Act.
1Substituted by Act 7 of 1993, Section 4. Earlier the words read as “Chairman”.
Penalty for
obstructing
exercise of
powers.
59. Any person who obstruct s the lawful exercise of any power
conferred by or under Chapters III, IV and V of this Act, shall,
on conviction, be punished with a fine not exceeding five
hundred rupees or with imprisonment for a term not exceeding
two months or with both.
Repeal of
Ordinance 1
of 1960.
60. The Meghalaya State Housing Board Ordinance, 1986 is hereby
repealed.
THE UNDERLINED TEXT INDICATES THE INSERTION /SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA STATE HOUSING BOARD ACT, 1986 (ACT NO. 7 OF 1986),
AMENDED AND UPDATED UPTO THE YEAR – ACT 4 OF 1990, ACT 7 OF 1993.