LexThe Nagaland Housing Board Act,1990
Nagaland · state statute
Open in Lexace · Ask the AI about this act THE NAGALAND HOUSING BOARD ACT
1990
(NAGALAND ACT NO. 10 OF 1990)
Received the assent of the Governor on 24th Aug.’ 1990 and published in the
Nagaland Gazette extraordinary Dated 28-8-90.
An
Act.
to provide for the Constitution and Regulation of Housing Board for Nagaland; for the
purpose of taking measures to deal with the need for housing accommodation and for the
further amendment of law relating to eviction of persons in unauthorised occupation and for
the further amendment of law relating to acquisition of land and for matters connected
therewith.
Be it enacted by the Legislature of Nagaland in the Forty-first year of the Republic of India as
follows:
CHAPTER- -1
PRELIMI NARY
Short title extent and commencement.
1. (i) This Act may he called the Nagaland Housing Board Act, 1990.
(ii) It extends to the whole of Nagaland.
(iii) It shall come into force on such date as may be notified by the Government.
Definitions
2. In this Act, unless the context otherwise requires
(a) “Board” means the Nagaland 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) “Chairman” means the Chairman of the Board;
(d) “Government” means the Government ot Nagaland;
(e) “Housing Scheme” means the Housing Scheme made under this Act, the
rules and regulations framed thereunder;
(f) “Local Authority” means a Town Committee, Municipal Board and a Village
Council established under the Nagaland Village and Area Councils Act, 1978
(g) “Member” means a member of the Board;
(h) “Prescribed” means prescribed by Rules made under this Act;
(i) “Premises” means any land or building or part of a building and includes;
(i) the garden, grounds and out-houses, if any, appurtenant to such
building, and
(ii) any fitting affixed to such building or part of building for the more
beneficial enjoyment thereof;
(j) “Rules” means rules made under this Act;
(k) “Regulations” means Regulations made under this Act;
(I) “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 purpose of this Act, establish a
Board by the name of the Nagaland 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 a Chairman, who shall be appointed by the
Government, and the following members, namely
Official Member:
(a) Secretary, Housing or his nominee not below the rank of a Deputy
Secretary.
(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) Chief Town Planner
(e) Secretary, Rural Development Department or his representative
(f) Housing Commissioner, who shall he the Member Secretary.
Explanation
For the purpose of Clauses (a) (b) and “Secretary” includes Commissioner
and Secretary or Additional Secretary in charge of the Department. Non-
Official Members:
(1) Three Non-Official Members to be appointed by the Government.
(2) The Government may, by notification, remove from office the Chairman
or any other member.
Terms of Office and conditions of service of the Chairman and members.
5. (1) The Chairman and every non-official member shall hold office for a period
of two years from the date of appointment but shall be eligible for
reappointment as such Chairman or member.
(2) The Chairman shall receive such remuneration and the non-official member
such travelling allowance and daily allowances as may be prescribed.
Resignation of Chairman and Members.
6. The Chairman or any other non-official member may resign his office by
tendering his resignation to Government but shall continue to remain in Office
until his resignation is accepted.
Filling up of vacancies.
7. In the event or 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 Officers and staff of the Board.
8. (1) The Government shall appoint a Housing Commissioner and other officers
of the Board.
(2) Subject to the prior approval of the Government, the Board shall appoint
officers and staff as it may consider necessary for efficient functioning of the
Board.
(3) The Board shall prescribe the qualifications, salary arid condition of service
of its employees.
Appointment of Committees
9. Subject to the Rules made under this Act, the Board may, from time and for any
local area, district or subdivision, 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,
10. (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 elapse between two consecutive
ordinary meetings of the Board.
(2) For transacting urgent business, the 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 ordinary or special meetings shall be one-third of the total
membership including the Chairman.
(b) every meeting shall be presided over by the Chairman and in his
absence, by any member elected by the members present at the meeting.
(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 seven days from the date of adjournment and no
quorum shall be necessary for such adjourned meeting; and
(d) all questions at any meeting shall be decided by majority of votes of the
members present and voting, other than the person presiding who shall
have and exercise a casting vote only in case of a tie.
(4) No act or proceedings of the Board shall be invalid merely by reason of the
existence of any vacancy in the membership of the Board.
11. (1) The Board may, for any particular 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 take part in the deliberations of
the Board meeting but shall have no right to vote.
(3) The Government may send its representatives in addition to those who are
members of the Board to attend any meeting of the Board but such
representatives shall have no right to vote.
Execution of contracts
12. Subject to the previous approval to the Board in each case, all contracts and
agreements for and on behalf of the Board shall b e executed by the Housing
Commissioner.
CHAPTER-III
HOUSING SCHEMES
Powers and duties of the Board to undertake Housing scheme,
13. (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, Subject to approval of the Government, undertake and
execute any housing scheme on behalf of a Local Authority, Co-operative
society or any Organisation or Association for providing residences to their
employees.
Matters to be provided for by Housing scheme
14. (1) A Housing scheme may provide for all or any of the following matters,
namely:-
(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 any land comprised in the scheme
(c) closure or demolition of dwellings or portions thereof unfit for human
habitation 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 of controlled by the Board.
(f) sell, letting 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 service to Housing colonies owned by the
Board.
(k) any other matter for which in the opinion of the Government it is
expedient to make provisions with a view to provide housing
accommodation and for the improvement and development of any area
comprised in the scheme.
(2) No Housing scheme under sub-Section (1) shall be made for any area for
which and improvement scheme has already been sanction by the Govern-
ment 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 under any law for the time
being in force.
Types of Housing or Improvement scheme
15. A Housing or improvement scheme shall be one or a combination of any two or
more of the following types or adaptation of any features thereof, namely :-
(a) supply of roofing material to the villagers;
(b) a building scheme including colonisation scheme;
(c) a rehabilitation housing scheme;
(d) city or town or village expansion scheme;
(e) a road construction or development scheme;
(f) a land development scheme.
(g) a site development and service scheme.
Placing of Budget before the Board.
16. (1) The Chairman shall, at a special meeting to be held in the month of January
each year, lay before the Board the Budget of the Board for the next
financial year.
(2) The Budget shall be prepared in such form as may be prescribed and shall :-
(a) include the housing scheme which the Board proposes to execute in
whole or in part.
(b) indicate full details of all the liabilities of the Board; and
(c) contain a Statement snowing 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
17. (1) The Budget approved by the Board under section 16 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 they may direct.
(2) When the Budget is returned to the Board by Government for making any
modification, the Board shall make the modification and re-submit the
Budget so modified to the Government for approval.
Supplementary Budget
18. The Chairman 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 Section of Section 16 and 17 shall apply to such Budget.
Publication of sanctioned schemes
19. After the Budget is approved by the Government, the Board shall cause the
Housing Schemes, in respect of which provision has been made in the Budget, to
be published in the Official Gazette and in local papers in such manner as may be
prescribed,
Variation of Housing Scheme
20. The Board may alter a Housing 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 ten (10) percent of the amount
allocated for that particular scheme in the Budget or if it affects the scope or
purpose of such scheme
Duties of the Board.
21. (l) 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, simlification and standardisation of building materials;
(b) encouraging per-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 workmen trained in the work
of construction of buildings.
(2) The Board may provide technical advice to the Government and scrutinise
projects under Housing scheme as and 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 condition and to undertake
comprehensive surveys of problems of housing.
Speedy Acquisition of land for Housing Scheme.
22. (1) In Sub-Section (1) of Section 9. of the Nagaland Land (Requisition and
acquisition) Act. 1965 the words, “Housing Scheme of the Nagaland
Housing Board and” shall be inserted between the words “any land for” and
“public works”.
Amendment of the Nagaland Eviction of persons in unauthorised occupation of public
land Act, 1972
23. In the term public land defined in Clause (h) of Section 2 of the Nagaland
Eviction of persons in unauthorised occupation of public land Act, 1971 insert
the words, or “Nagaland Housing Board” in between the words “the State
Government”, and “a local authority”
Recovery of certain sums as public demand.
24. Any rent or any loan or interest under any housing scheme or any other sum due
to the Board on the Certificate of such officer as may be specified by the State
Government in this behalf by general or special order, be recovered in the same
manner as if was a public demand, under the Bengal Public Demands Recovery
Act, 1913;
Rent etc., to be recovered by deduction from salary or wages in certain case
25. (1) Without prejudice to the provision of Section 24 where any person who is an
employee of the Central or State Government, a Local Authority, 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, or the private Employer, 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 form to the Board in respect of the Board premises allotted to
him.
(2) On the execution of such agreement the Central or State. Government, the
Local Authority 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 IV
FINANCE, ACCOUNTS AND AUDIT.
Board’s find
26. (1) The Board shall have its own funds called the Housing Board Fund into
which shall he credited all moneys received:
(a) by way of grants, loans, donations and gifts from the Central
Government of any State Government. Local Authority or any body or
individuals for all or any of the purposes of this Act; and
(b) by or on behalf of the Board under the provisions of this Ace as all
proceeds form the sale of land or any other kind of property of the
Board, 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 the case of investment in securities, the same shall be done only with the
prior approval of the Government
(3) The accounts of the Board shall be operated upon by such officers as may be
authorised by the Board by a general or special order.
Application of the fund.
27. All properties, funds and other assets of the Board shall be held and applied by it,
subject to the provisions and for the purpose of this Act.
Grants and loans to the Board.
28. The Government may, from time to time, make grants or advance loans to the
Board for the purposes off this Act on such terms and conditions as the Govern-
ment may determine.
Power of Board to borrow.
29. (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 Government.
(2) Whenever the borrowing of any sum of money has been approved by the
Government, the Board may, instead of borrowing such sum or any part
thereof from the public, take credit from any Bank or financial owned or
controlled by the Central or any Government on cash account to be kept in
the name of the Board and may 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 or any Housing Scheme enter into financial institution
arrangement with the Life insurance Corporation of India, any Bank or other
financial institutions approved, by the Government,
(4) Subject to the provision of this Act and such conditions and limitations as
may be presribed the Board may, out of its funds, grant loans and advances
on such terms and conditions as it may determine, to any cooperative society
registered under the Co-operative Society Act or to any other person for the
construction of houses.
Guarantee by the Government.
30. The Government may guarantee in such manner and subject to such conditions as
it may think fit, the repayment of the principal including interest of any loan
borrowed and debentures issued by the Board.
Form of debentures.
31. (1) Whenever money is borrowed by the Board by issue of debentures, the
debentures shall in such form as the Board may, with the previous sanction
of the Government specify.
(2) All debentures issued by the Board shall he signed by the Chairman and the
Housing Commissioner of the Board.
Expenditure in case of urgency.
32. (1) Where, in the opinion of the Board, circumstances of urgency have arisen,
the Board may incur in any year 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 he sent, as
soon as practicable, to the Government for approval.
Accounts and audits.
33. (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 or 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 thereof together with a copy of the report of the auditors to the
Government and shall cause the accounts to be published in the Official
Gazette within 31st July every year.
(4) The Board shall comply with such directions as the Government may, after
perusal of the report of the Auditor, think fit to issue.
Concurrent and special audit of accounts
34. (1) Notwithstanding anything contained in Section 33, the Government may
order that there shall be a concurrent audit of the accounts of the Board by
such person as it think fit. The Government may also direct a special 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 accounts 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 V
MISCELLANEOUS
Reports.
35. 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 ~port to be published in the
official Gazette and every such report shall be laid before the House of the State
Legislature as soon as may by after it is published.
Other Statements and returns.
36. The Board shall submit to the Government 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 the Board to construct buildings.
37. Notwithstanding anything contained in this Act, the Board may undertake
construction of building of the Government, a Local Authority, or a Corporation
or undertaking owned or controlled by the Government or a co-operative society
subject to such terms and condition as may be agreed upon in pursuance of a
contract
Govt’s power to give directions to the Board
38. The Government may give the Board such directions as in its opinion are
necessary or expedient to carry out the purposes of this Act arid the Board shall
comply with such directions.
Power to order enquiries,
39. (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 of person to make inquiries into all or any of the activities of the
Board arid to report to the Government the result of such enquires,
(2) The Board shall give to the person or persons so appointed all facilities for
the proper conduct of enquires 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
purpose of the enquires.
Default in Performance of duties and Supersession.
40. (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
supersede and re-constitute the Board in the prescribed manner.
(3) On supersession of the Board and until it is reconstituted the powers, duties
and functions of the Board shall he carried out by the Government or by
such Officer or Officers as it may appoint for this purpose.
Dissolution of the Board.
41. (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, interest 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 affect the liability of the Government in respect
of loans or debentures guaranteed under section 30.
(4) Every notification made under sub-section (1) shall be laid before the House
of the State Legislature as soon as may be.
Power to make Rules
42. (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 allowance of members and remuneration and conditions of services
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 a housing scheme;
(d) the manner of publication of housing schemes included in the Budget;
(e) the procedure to be followed in taking possession of any Board
premises;
(f) the conditions subject to which the Board may borrow any sum under
section 29;
(g) the manner of preparation, maintenance and publications of accounts
under section 33;
(h) submission of reports, returns, etc. under sections 35 and 36;
(i) the manner in which the Board shall be superseded and re- constituted
under section 46;
(j) qualification and other conditions of service of the Housing
Commissioner and other Officers of the Board whose appointment
needs prior approval of the Government,
(k) any other matter which is or may be prescribed under this Act,
(3) Every rule made under this Act shall be laid as soon as may be after it is
made, before the Nagaland Legislative Assembly while it is in Session for a
total period of seven days, which may be comprised in one Session or in two
successive Sessions and if before the expiry of the Session in which it is so
laid or the Session immediately following, the Nagaland Legislative
Assembly make any modification in the rule or decide that the rule should
not be made, the rule shall thereafter have effect only in such modified form
or be of no effect as the case may be; so however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.
Power to make regulalations
43. 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 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 the Chairman and the Housing
Commissioner and other Officers;
(d) for regulating the procedure of disposal of its business.
Power to make bye laws.
44. (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 purpose 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 byelaws.
45. Whoever contravenes a Bye-law made under section 44 shall, on conviction, be
punished with imprisonment for a term which may extend to two months or with
a fine which may extend upto five hundred rupees or with both.
Authority for prosecution.
46. No court shall take cognizance of any offence punishable under 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 the Board to be public servants.
47. All members, officers and employees 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.
48. 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
shall to be done under this Act.
Penalty for obstruction
49. Any person who obstructs the lawful exercise of any power conferred by 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 both.
Power to remove difficulties.
50. (1) If any difficulty or doubt arises in giving effect to the provisions of this Act,
the Government may, by order published in Gazette make such provisions,
not inconsistent with the purpose of this Act. as appears to it to be necessary
or expedient for the removal of the difficulty or doubt; and the orders of the
Government in such case shall be final.
(2) Every order made under this section shall be laid as soon as may be after it is
made, before the Assembly while it is in Session for total period of seven
days which may be comprised in one Session or in two successive Sessions
and if before the expiry of the Session in which it is so laid or the Session
immediately following the Assembly agree in making any modification in
the order or the Nagaland Legislative Assembly agree that -the order should
not be made, the order shall there after have effect only in such modified
form or be of no effect as the case may be so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that order.