The Rajasthan Housing Board (Amendment) Act, 2020

~ ~-q-;r RAJASTHAN GAZETTE
~~ Ex.traordinary
------~ ~ CJlu6lisliea6y)l1I.tfwrity
I thr 26 ~ ~rrc*1942- ~ 15, 2020, ~
Chaitra 26, Wednesday, Saka 1942- April 15, 2u20
3fTdT-4(CF)
~~~ct~1
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, April 14, 2020
No. F. 2(14)VidhiJ2/2020.- The following Act of the Rajasthan State Legislature
which received lIlt! assent of lIlt: Governor on the 14th day of April, 2020 is hereby published
for general inforrnation:-
THE RAJASTHAN HOUSING BOARD (AMENDMENT) ACT, 2020
(Act No. 12 of 2020)
(Received the assent of the Governor on the 14thday of April, 2020)
An
Act
further to amend the Rajasthan Housing Board Act, 1970.
Be it enacted by the Rajasthan State Legislature 111 the Seventy-first Year of the
Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Rajasthan
Housing Board (Amendment) Act, 2020.
(2) It shall come into force at once.
2. Insertion of new sections 51-A; 51-B and 51-C, Rajasthan Act No.4 of 1970.-
After the existing section 51 and before the existing section 52 of the Rajasthan Housing
Board Act, 1970 (Act No. 4 of 1970), hereinafter referred to as the principal Act, the
followmg new sections shall be inserted, namely:-
"51-A. Recovery of sum due to the Board as arrears of land revenue.-
Where any sum in respect of any premises or property payahle to the Board, whether
under any agreement, express or impued or otherwise, howsoever, is not paid on or
before the due date into the office of the Board or to a person authorized by the Board,
it shall be recovered as the arrears of land revenue, by the Board or the officer
authorized en the behalf by it, in the manner as provided in the Rajasthan Land
Revenue Act,1956 (Act No. 15 of 1956) and rules made thereunder, from the person
in default.
SI-B. Encroachment or obstruction upon premises or property belonging
to the Board.- (1) Whoever makes any encroachment on any premises or property
which belongs to or vests in the Board shall, on conviction, be punished with simple
imprisonment which shall not be less than three months but which may extend to

278 ~ ~-tR", ~ 15, 2020 :mdf4 (Cfl)
three years and with fine which shall not be less than thirty thousand rupees but which
may extend to fifty thousand rupees:
Provided that the court may for any adequate or special reasons to be
mentioned in the judgment impose a sentence of imprisonment for a ieuu of less than
three months.
(2) Whoever makes even temporary obstruction without prior permission of
the Board in the way, shall, on conviction, be punished with simple imprisonment
which may extend to one month or with fine which may extend to five thousand
rupees or with both.
(3) The Board or any officer authorized by it in this behalf shall have power to
remove any such obstruction or encroachment and the expenses of such removal shall
be paid by the person who has caused the said obstruction or encroachment.
(4) Notwithstanding anything contained in the foregoing provisions, after
obtaining prior permission of the State Government, the Board or the officer
authorized by it in this behalf shall, in addition to the action taken as provided in this
section, also have power to seize or attach any property and vehicles found on the
premises or property referred to in this section or, as the case may be, attached to such
premises or property or permanently fastened to anything attached to such premises or
property.
(5) Where any property is seized or attached by an officer authorized by the
Board, he shall immediately make a report of such seizure or attachment to the Board.
(6) Where any property is seized or attached under sub-section (4), the Board
may order confiscation of such property.
(7) No order for confiscating a property shall be made under sub-section (6)
unless the owner of such property or the person from whom it is seized or attached is
given-
(a) a notice in writing, informing him of the grounds on which it is
proposed to confiscate the property;
(b) an opportunity of making a representation in writing within a
maximum period of seven days against the grounds of confiscation;
and
(c) a reasonable opportunity of being heard in the matter.
(8) The order of any confiscation and removal of encroachment under this
section shall not prevent the infliction of any punishment to which the person affected
thereby is liable under this Act.
(9) Any person aggrieved by an order made by the Board under this section
may within one month from the date of the communication to him of such order,
appeal against it to the State Government.
(10) On such appeal the State Government, after giving an opportunity to the
appella.it and the respondent to be heard, direct the order to be stayed pending
disposal of the appeal, or may modify, alter or annul the order and make any further
orders that may be just.
(11) Whenever any property is seized or attached pending confiscation under
this section, the Board or the State Government shall have, and notwithstanding
anything to the contrary contained in any other law for the time being in force, any

:ffidT 4 CCf)") ~ u~f-tr:f. ~ 15. 2020 279
other court, tribunal or other authority shall not have jurisdiction to make orders with
regard to the possession, delivery, disposal, release or distribution of such property.
(12) Where any person is prosecuted of an offence under sub-section (1) or
sub-section (2), the burden of proving that he has not committed the offence shall be
on him.
(13) Whoever, being an employee of the Board, or being on deputation with
the Board from any department of the Government, specifically entrusted with the
duty to remove or to stop or to prevent the encroachment or obstruction, himself
encroaches or helps others to encroach, or willfully or knowingly, neglects or
deliberately omits to remove or stop or prevent such encroachment or obstruction
shall, on conviction, be punished with imprisonment for a term which shall not be less
than three months but which may extend to three years or with fine which may extend
to thirty thousand rupees or with both:
Provided that no court shall take cognizance against such employee for the
offence punishable under this sub-section except with the previous sanction of the
Board.
(14) _ 0 investigation of an offence under this section shall be made by an
officer below the rank of the Inspector of Police. However, such investigation shall be
completed and report shall be filed in the court within the period of three months from
the date of fiiing First Information Report on behalf of the Board by the Housing
Commissioner or the official authorized by him.
(15) It shall be lawful for the Housing Commissioner or the official authorized
by him to lodge proceedings against the person who is likely to make encroachment
upon any premises or property belonging to the Board before the Magistrate
concerned, for preventing him from making any such encroachment and it shall be
competent for the Magistrate, on being satisfied about the reasonableness of the
apprehension of the Housing Commissioner, to require such person to execute a bond,
with or without sureties, for his good behavior for such period, not exceeding one
year, as the Magistrate thinks fit. The procedure contained in Chapter VIII of the
Code of Criminal Procedure, 1973 (Central Act No.2 of 1974) shall apply mutatis
mutandis to the proceedings before the Magistrate under this sub-section as if such
proceedings were the proceedings under section 107 of the Code of Criminal
Procedure, 1973 (Centra! Act No.2 of 1974).
51-C. Power to call for records.- (1) The State Government or any officer
authorized in this behalf by the State Government, may, for the purpose of being
satisfied as to the correctness, legality or propriety of any order or resolution passed
or purporting to have been passed, under this Act by the Board or any committee or
officer of it, call for the relevant record, and may. in doing so, direct that pending the
examination of such record, such order or resolution shall be kept in abeyance and no
action in furtherance thereof shall be taken until such examination by the Stat;
Government or by the officer authorized in this behalf by the State Government and
the pr ssmg ot order under sub-section (2):
Provided that no record relating to an order or a resolution shall be called for
under this sub-section after the expiry of three years from the date of such order or
resolution.
(2) After examining the record, the State Government or the officer authorized
as aforesaid may rescind. reverse or modify such order or resolution and the order of

280 ~ U0f-q:f, ,mt;r 15, 2020 31m 4 Cq;")
the State Government or the officer authorized as aforesaid shall be final and binding
on the Board and on its officers and committees.".
3. Amendment of section 60, Rajasthan Act No.4 of 1970.- For the existing section
fiOof the principal Act, the following shall be substituted, namely:-
"60. Control by State Government.- (1) The Board shall exercise its powers
and perform its duties under this Act in accordance with the policy framed and the
guidelines laid down, from time to time, by the State Government for carrying out the
purposes of this Act.
(2) The Board shall perform any other functions that the State Government
may designate in furtherance of the objectives of this Act. The Board shall comply
with such directions, which may be issued from time to time, by the State
Government for efficient administration of this Act.
(3) If, in connection with the exercise of the powers and the performance of
the duties of the Board under this Act, any dispute arises between the Board and any
other department of the State Government, the matter shall be decided by the State
Government and its decision shall be finaL".
fct.:r)c;:Cfi11R"3~,.;)
Principal Secretary to the Government.
fcrttt(fatmft '>I1f\q01) fcnJm
(1ff-2)
~
~,~ 14,2020
~ tf.2(14)fcrttt/2l2020.- ~ ~ ~d1, 1956 (1956 'fiT ~
~. 47) cf.rtrm 4 c)l ~ c)l 3iCT"lfl,{OI df "cfr~ BI3W'dl ~ (3icROScRrrc) "{!CfC.;) .;) ,
2020 (VcfC :to12 m 2020)" Cf,T~ ~ ~ *'"~ Q(i~cml ~.;) ~
~~6":-
(~~3i1qIG)
. '<I\1I'ftI11131lql'til1 ~ (~Ot~") ~. 2020
(2020 'fiT ~ 'ti&lli..,12)
(,{Iv'4QI<'l ~ *'"~ ~ 14 .mf<;r,2020 q:J ID"C(1¢).;)
~ 3iICllflCT"l ~ ~, 1970 cnT3ffi" mftftt:r ~ c)l ~ ~I
31ffi1 JIOI,{Iv-'4 *"$Cf'l$\(i{~ crt P. ~I" ,Iv-<i ~-~ fo"lCFCrff<'lml(i
3i~~6:-
i. ~ ~ ~ ~ctT.- (1) ~ ~ q)T ;m:r ~ 3iICilfiOi ~
cmmr.,)~, 2020 6"1
(2)~~~WrrI

‹ Prev All Rajasthan acts Next ›