LexThe Telangana Housing Board Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA HOUSING BOARD ACT, 1956.
(ACT No. XLVI OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
ESTABLISHMENT OF THE BOARD.
3. Incorporation.
4. Constitution of the Board.
4-A. Omitted.
5. Leave of absence of Chairman.
6. Disqualification for appointment on Board.
7. Term of office and conditions of service.
8. Vacancy of a member.
9. Vacancy to be filled.
10. Vacancy or irregularities not to invalidate the
proceedings.
11. Appointment of Committees.
12. Meetings of the Board.
13. Power to make contracts.
13-A. Appointment of Vice-Chairman and Housing
Commissioner.
14. Execution of contracts.
15. Further provisions as to execution of contracts.
2 [Act No. XLVI of 1956]
16. Application of Service Rules and certain other
rules.
17. Appointment of officers and servants.
18. Conditions of service of officers and servants.
18-A. Delegation.
19. Absorption of the existing staff of the Hyderabad
City Improvement Board and the Secunderabad
Town Improvement Trust by the Board.
20. General disqualification of all officers and servants.
CHAPTER III.
HOUSING SCHEMES.
21. Duty of Board to undertake housing schemes.
21-A. Creation of subsidiaries.
21-B. Activities of subsidiaries.
22. Matters to be provided for by housing schemes.
22-A. Declaration of intention to make a housing
scheme.
23. No housing scheme to be made for area included
in improvement scheme or be inconsistent with
town planning scheme.
24. Preparation and submission of annual housing
programme, budget and establishment schedule.
25. Programme to be published for inviting
suggestions and objections.
26. Sanction to programme, budget and
establishment schedule.
27. Publication of sanctioned programme.
28. Supplementary programme, budget, and
establishment schedule.
[Act No. XLVI of 1956] 3
29. Variation of programme by Board after it is
sanctioned.
30. Sanctioned housing schemes to be executed.
31. Publication of housing scheme in the Telangana
Gazette.
32. Transfer to the Board for purposes of housing
scheme of land vested in a local authority.
33. Compensation in respect of land vested in the
Board.
34. Power of Board to turn or close public street
vested in it.
35. Reference to Tribunal in case of dispute under
section 33 or 34.
36. Vesting in local authority of street laid out or
altered and open space provided by the Board
under housing scheme.
37. Other duties of the Board.
38. Reconstitution of plots.
39. Power to exempt schemes from provisions of
sections 24 to 31.
CHAPTER IV.
ACQUISITION AND DISPOSAL OF LAND.
40. Power to purchase or lease by agreement.
40-A. Modification of the Land Acquisition Act, 1894.
40-B. Payment of Compensation.
40-C. Power of Government to transfer Government land
to the Board.
41. Betterment charges.
42. Notice to persons liable for betterment charges.
4 [Act No. XLVI of 1956]
43. Agreement for payment of betterment charges.
44. Recovery of betterment charges.
45. Power to dispose of land.
46. Disputes regarding reconstitution of plots.
CHAPTER V.
TRIBUNAL.
47. Constitution of the Tribunal.
48. Duties of the Tribunal.
49. Omitted.
50. Powers of and procedure before Tribunal.
51. Decision of Tribunal to be final.
CHAPTER VI.
POWER TO EVICT PERSONS FROM BOARD
PREMISES.
52. Power to evict certain persons from Board
premises.
53. Power to recover rent or damages.
54. Rent to be recovered by deductions from salary or
wages in certain cases.
55. Appeal.
56. Procedure and Powers of competent authority and
appellate authority.
57. Bar of jurisdiction of Civil Courts.
CHAPTER VII.
FINANCES, ACCOUNT AND AUDIT.
58. Board’s Fund.
59. Application of the Fund.
[Act No. XLVI of 1956] 5
60. Expenditure in case of urgency.
61. Subventions and loans to the Board.
62. Power of Board to borrow.
63. Accounts and audit.
64. Concurrent and special audits of accounts.
CHAPTER VIII.
MISCELLANEOUS.
65. Reports.
66. Other statements and returns.
67. Power of entry.
68. Notice of suit against Board.
69. Triennial valuation of assests and liabilities of the
Board.
70. Power to make rules.
71. Regulations.
72. Power to make bye-laws.
73. Penalty for contravention of bye-laws.
74. Penalty for obstructing etc.
75. Penalty for contravention of any provision of
Chapter VI and for obstructing lawful exercise of
powers thereunder.
76. Authority for prosecution.
77. Certain persons to be public servants.
78. Protection of action taken under this Act.
79. Government’s power of supervision.
80. Default in performance of duty.
81. Dissolution of the Board.
6 [Act No. XLVI of 1956]
81-A. Power to remove difficulties.
82. Repeal and Saving.
THE TELANGANA HOUSING BOARD ACT, 1956.1
ACT No. XLVI OF 1956.
CHAPTER I.
Preliminary.
2[1. (1) This Act may be called the 3Telangana Housing
Board Act, 1956.
(2) It extends to the whole of the State of 3Telangana.
(3) It shall come into force on such date and in such
areas as the State Government may, by notification in the
*Telangana Gazette, appoint and different dates may b e
appointed for different areas].
2. In this Act, unless there is anything repugnant in the
subject or context-
(1) “Board” means the Housing Board constituted under
section 3;
1. The Telangana Housing Board Act, 1956 received the assent of the
President on the 29 th September, 1956. The said Act subsequently
renamed, extended to whole of the State of Andhra Pradesh and in force
in the combined State, as on 02.06.2014, has been adapted to the State
of Telangana, under section 101 of the Andhra Pra desh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by Act No.15 of 1962.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
*. Throughout the Act "Official Gazette" wherever they occur substituted
by "Andhra Pradesh Gazette", (Act No.15 of 1962) and further "Andhra
Pradesh" substituted by "Telangana" by G.O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No. XLVI of 1956]
(2) “Board premises” means any premises belonging to
or vesting in the Board or taken on lease by the Board or
entrusted to the Board under this Act for management and
use for the purposes of this Act;
(3) “Building materials” means such commodities or
articles as are speci fied to be building materials for the
purposes of this Act by the Government by notification in the
*[Telangana Gazette];
(4) “Bye-laws” means bye-laws made under section 72;
(5) “Chairman” means the Chairman of the Board;
(6) “Competent authority” means any person authorised
by the Government, by notification in the *[Telangana
Gazette], to perform the functions of the competent
authority under Chapter VI for such area as may be
specified in the notification;
(7) “Corporation” means a Municipal Corporation
constituted under the 4[Hyderabad Municipal Corpo rations
Act, 1955 (II of 1956)] for the c ities of Hyderabad and
Secunderabad:
5[(7-A) “Government” means the State Government;]
(8) “Housing scheme” means a housing scheme made
under this Act;
(9) “Land” includes benefits arising out of land and
things attached to the earth or permanently fastened to
anything attached to the earth;
4. The Act is renamed as “the Greater Hyderabad Municipal Corporation
Act, 1956” by Act No.13 of 2008.
5. Inserted by Act No.15 of 1962.
[Act No. XLVI of 1956] 3
(10) “Local authority ” includes Municipal Corporation,
Municipal a nd Town Committees, 6[District Municipalities,
Zilla Parishads, Panchayat Samith ies] and village
panchayats;
(11) “member” means a member of the Board;
(12) “Premises” 6[means any land or building] or part of
a building and includes-
(i) gardens, grounds and outhouses, if any,
appertaining to such building or part of a building, and
(ii) any fittings affixed to such building or part of a
building for the more beneficial enjoyment thereof;
(13) “Prescribed” means prescribed by rules made
under this Act;
(14) “Programme” means the annual housing
programme prepared by the Board under section 24;
(15) “Regulations” means regulations made under
section 71;
(16) “rules” means rules made under section 70;
(17) “Secretary” means the Secretary of the Board;
(18) “Tribunal” means the Tribunal constituted under
section 47; and
(19) “year” means the year commencing on the 1st day
of April and ending on the 31st of March.
6. Substituted by Act No.15 of 1962.
4 [Act No. XLVI of 1956]
CHAPTER II.
Establishment of the Board.
3. (1) With effect from such date as the Government may
by notification in the *Telangana Gazette appoint in this
behalf, there shall be established for the purposes of this
Act, a Board by the name of the Hyderabad 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 purposes
of this Act.
7[(3) For the purposes of this Act, 8the Land Acquisition
Act, 1894 (Central Act 1 of 1894), and 9the Telangana
Buildings (Lease, Rent and Eviction) Control Act, 1960
(Telangana Act XV of 1960), the Board shall be deemed to
be a local authority.]
Explanation:-The purposes of this Act referred to in
sub-section (3) include the management and use of lands
and buildings belonging to or vesting in the Board under or
for the purposes of this Act and the exercise of its rights
over and with respect to such lands and buildings for the
purposes of this Act.
4. 10[(1) The Board shall consist of the following members,
namely:-
(a) a Chairman, to be appointed by the Government;
7. Substituted by Act No.15 of 1962.
8. This Act has been repealed by Central Act No.30 of 2013.
9. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Sub-section (1) substituted by Act No.25 of 1981.
Incorporation.
Constitution of the
Board.
[Act No. XLVI of 1956] 5
11[(b) the Vice-Chairman and Housing Commissioner,
ex-officio;]
12[(c) The Commissioner of Weaker Sections Housing
Programmes and Managing Director, Telangana State
Housing Corporation Limited, Housing Department; Ex -
officio;
(d) One officer of the Housing Department to be
nominated by the Government;]
(e) One officer of the Finance and Planning (Finance
Wing) Department, to be nominated by the Government;
12[(f) The Chief Engineer (Public Health), Municipal
Administration and Urban Development Department, Ex -
officio;
(g) The Chief Engineer (Buildings), Roads and
Buildings Department, Ex-officio;
(h) The Director, Town and Country Planning,
Municipal Administration and Urban Development
Department, Ex-officio;
(i) The Commissioner and Director of Municipal
Administration and Urban Development Department,
Ex-officio;
(j) The Chairman & Managing Director, Telangana
Central Power Distribution Co., Ltd., Ex-officio;
(k) The Commissioner Greater Hyderabad Muni cipal
Corporation, Hyderabad, Ex-officio;
11. Inserted by Act No.4 of 1984.
12. Substituted by Act No.12 of 2010 and by Adaptation Order 45, Law
(F) Department, dated 01.06.2016.
6 [Act No. XLVI of 1956]
(l) The Metropolitan Commissioner, Hyderabad
Metropolitan Development Authority, Ex-officio;]
(m) One representative of the financial institutions
providing financial assistance to the Board, to be nominated
by the Government;
(n) three members, to be nominated by the
Government, each to represent the Coastal Andhra, the
Rayalaseema and the Telangana region of the State;
(o) One member, to be nominated by the
Government, to represent the cities of Hyderabad and
Secunderabad.]
(2) Any member of the Board may at any time resign his
office by submitting his resignation to the Government:
Provided that the resignation shall not take effect until it
is accepted.
13[Explanation.- Any provision relati ng to a member
contained in sub-section (2) of this section, sub -sections (1)
and (2) of section 7, and sections 8 and 9 shall, except
where the context otherwise requires, be deemed to apply
also to the Chairman.]
14[4-A. [XXX]
5. The Government may from time to time grant to the
Chairman such leave as may be admissible under the rules
and any person whom the Government appoints to act for
the Chairman during such absence on leave shall, while so
13. Added by Act No.4 of 1984.
14. Omitted by Act No.4 of 1984.
Leave of absence
of Chairman.
[Act No. XLVI of 1956] 7
acting be deemed for all purposes of this Act to be the
Chairman.
6. (1) A person shall be disqualified for being appointed or
continuing 15[as the Chairm an or member] of the Board, if
he-
(a) holds any office or place of profit under the Board,
(b) is of unsound mind and stands so declared by a
competent court,
(c) is an undischarged insolvent,
(d) subject to the provisions of sub -section (2) has
directly or indirectly by himself or his partner or if he belongs
to a joint Hindu Family by any member of such family any
share or interest in any contract (except as a shareholder
other than a Director in a Company) or employment with, by
or on behalf of the Board.
(2) A person shall not be deemed to have incurred
disqualification under clause (d) of sub -section (1) by
reason only of his-
(a) receiving pension from the Board;
(b) having any share or interest in-
(i) any lease, sale, exchange or purchase of land or
any agreement for the same;
(ii) any agreement for the loan of money or any
security for the payment of money only;
15. Substituted by Act No.4 of 1984.
Disqualification for
appointment on
Board.
8 [Act No. XLVI of 1956]
(iii) any newspaper in which any advertisement
relating to the affairs of the Board is inserted;
(iv) any joint -stock board or any society registered
or deemed to be registered 16[under the Andhra Pradesh
(Andhra Area), Co-operative Societies Act, 1932 (Act VI of
1932) or] which shall contract with or be employed by the
Chairman or any Officer on behalf of the Board;
17[(v) the occasional sale to the Chairman or any
officer on behalf of the Board of any article in which he
regularly trades, of a value not exceeding in th e aggregate
in any financial year one thousand rupees;]
(vi) the occasional letting out on hire to the Board
or hiring from the Board of any article for an amount not
exceeding in the aggregate in any one financial year five
hundred rupees;
(c) occupying as a tenant for the purpose of
residence any premises belonging to the Board.
7. 18[(1) The Chairman and every member of the Board,
other than ex -officio members, shall hold office during t he
pleasure of the Government.]
(2) 19[Every member] shall receive such allowance as
may be prescribed which shall be paid from the fund of the
Board.
16. Inserted by Act No.15 of 1962. [This Act was repealed by Act No.7 of
1964.]
17. Inserted by Act No.4 of 1984.
18. Substituted by Act No.6 of 1996.
19. Substituted by Act No.4 of 1984.
Term of office and
conditions of
service.
[Act No. XLVI of 1956] 9
20[(3) The Chairman may hold office in an honorary
capacity or on payment of remuneration. If any
remuneration is to be paid to the Chairman, such
remuneration and other conditions of service shall be such
as may be prescribed. The remuneration shall be paid from
the Fund of the Board.]
8. If a member,-
(a) becomes subject to any of the disqualifications
mentioned in section 6, or
(b) tenders his resignation in writing to the Government,
or
(c) is absent without the permission of the Board from
three successive ordinary meetings of the Board, he shall
cease to be a member.
9. Any vacancy in the office of a member due to death,
resignation or removal or becoming incapable of acting as
such shall be filled by the Government, by appointment of a
person thereto, who shall hold office so long only as the
member in whose place he is appointed would have held it
if the vacancy had not occurred.
10. (1) No act of the Board or any person acting as
Chairman or member thereof shall be deemed to be invalid
by reason only of some defect in the appointment of such
Board or appointment of such Chairman or member, or on
the ground 21[that they or any of them were disqualified] for
such office or that formal notice of the intention to hold a
meeting of the Board was not duly given or for any
informality.
20. Added by Act No.4 of 1984.
21. Substituted by Act No.4 of 1984.
Vacancy of a
member.
Vacancy to be
filled.
Vacancy or
irregularities not
to invalidate the
proceedings.
10 [Act No. XLVI of 1956]
(2) Any thing done or any proceeding taken under this
Act shall not be questioned on account of any vacancy in
the Board.
11. Subject to such rules as may be made in this behalf, the
Board may, from time to time, and for any particular local
area appoint one or more committees for the purpose of
discharging such duties or performing such functions as it
may delegate to them and any such committee may
discharge such duties or perform such functions with due
regard to the circumstances and requirements of that
particular area.
12. The Board shall meet and shall from time to time make
such arrangements with respect to the day, time, notice,
management and adjournment of its meetings as it thinks fit,
subject to the following provisions, namely:-
(a) an ordinary meeting shall be held once at least every
month,
(b) the Chairman may whenever he thinks fit, call a
special meeting,
(c) the quorum for a meeting shall be half the whole
number of the members,
(d) every meeting shall be presided over by the
Chairman and in his absence, by any member chosen by
the members present at the meeting to preside for the
occasion,
(e) if less than one -half of the whole number of
members is present at a meeting, the Chairman shall
adjourn the meeting to such time on the following day or
some other future day as he may fix. A notice of the meeting
so fixed shall be posted in the Board' s Office. The business
Appointment of
Committees.
Meetings of the
Board.
[Act No. XLVI of 1956] 11
which could not be considered at the meeting so postponed
for want of a quorum shall be brought before and disposed
of at the meeting so fixed or at any subsequent adjourned
meeting irrespective of whether there be a quorum or not,
(f) all questions at any meeting shall be decided by a
majority of votes of the members present and voting and in
case of equality of votes, the person presiding shall have
and exercise a second or casting vote,
(g) the minutes of the proceedings of eac h meeting
shall be recorded in a book to be provided for the purpose.
13. The Board may enter into and perform or require the
performance of all such contracts as it may consider
necessary or expedient for carrying out any of the purposes
of this Act.
22[13-A. (1) The Government may appoint a Vice-Chairman
and Housing Commissioner to the Board, who shall be the
Chief Executive Officer of the Board and he shall be
responsible for implementing the resolutions of the Board or
any committee thereof. The Vice -Chairman and Housing
Commissioner shall also exercise such powers and perform
such functions as may be entrusted to him by the
Government. The staff borne on the establishment of the
Board shall be under the administrative control and
supervision of the Vice -Chairman and Housing
Commissioner.
(2) The Government shall pay in the first instance out of
the Consolidated Fund of the State, the salary, allowances,
leave allowances, pension and contributions, if any, towards
the provident fund or provident -cum-pension fund of the
Vice-Chairman and Hou sing Commissioner appointed by
22. Section 13-A inserted with marginal heading by Act No.4 of 1984.
Power to make
contracts.
Appointment of
Vice-Chairman
and Housing
Commissioner.
12 [Act No. XLVI of 1956]
them for the Board, and it shall be subsequently reimbursed
from the fund of the Board in such manner as may be
prescribed.
(3) The Government shall have power to make rules to
regulate the classification and methods of recruitment,
conditions of service, pay and allowances and discipline
and conduct of the Vice -Chairman and Housing
Commissioner.]
14. (1) Every contract shall be made on behalf of the Board
by the 23[Vice-Chairman and Housing Commissioner]:
Provided that-
(a) no contract involving an expenditure 24[more than
the limits as may be fixed by the Government from time to
time] shall be made without the previous sanction of the
Government,
(b) (i) no contract involving an expenditure of rupees
24[as may be fixed by the Government from time to time]
shall, subject to clause (a), be made without the previous
sanction of the Board,
(ii) no estimate or tender involving an expenditure
of rupees 24[as may be fixed by the Government from time to
time] shall, subject to clause (a); be sanctioned or accepted
without the previous sanction of the Board.
(2) Sub -section (1) shall apply to every variation or
abandonment of a contract or estimate as well as to an
original contract or estimate.
23. Substituted by Act No.4 of 1984.
24. Substituted by Act No.12 of 2010.
Execution of
contracts.
[Act No. XLVI of 1956] 13
15. (1) Every contract made by the 25[Vice-Chairman and
Housing Commissioner] on behalf of 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 section
and the rules made thereunder shall not be binding on the
Board.
16. Unless otherwise provided in this Act or prescribed
thereunder 26[the provisions of the Service Rules for the time
being in force in the State] relating to salaries, leave,
pensions, travelling allowance, retirements and all
conditions of service and the rules for the time being in force
relating to the conduct of Government servants and
enquiries into the conduct and punishment of Government
servants, shall apply to the officers and servants of the
Board appointed under section 17.
17. (1) Subject to the provisions of this Act , the Board may
have a Secretary, 27[XXX], one or more Assistant Housing
Commissioners and such other engineers, architects,
officers and servants as it shall deem necessary and proper
for the efficient execution of its duties and shall from time to
time prepare, for the sanction of Government, a schedule of
the staff to be so maintained setting forth their designations,
grades, salaries, fees and allowances, and their respective
duties and may also determine which of the staff is to be
maintained permanently and which temporarily:
Provided that the Board shall set forth the designations
and determine the grades, salaries, fees and allowances in
conformity with the arrangements prevailing and t he
25. Substituted by Act No.4 of 1984.
26. Substituted including in marginal heading by Act No.15 of 1962.
27.The words “a Housing Commissioner” omitted by Act No.25 of 1981.
Further provisions
as to execution of
contracts.
Application of
[Service Rules]
and certain other
rules.
Appointment of
officers and
servants.
14 [Act No. XLVI of 1956]
schedule of rates in vogue in the establishments of the
Government:
Provided further that the power of appointing such
officers and servants whose minimum monthly salary
exclusive of allowances exceeds 28[rupees two hundred and
fifty] shall vest in the Government.
29[(2) Notwithstanding anything in sub -section (1), the
Government may transfer any officer or servant of the Board
taken over by it from the Hyderabad City Improvement
Board or the Secunderabad Town Improvement Trust under
section 19 or from any Department of the Government, to
the service of the Government and transfer any officer of the
Government to the service of the Board.
(3) The Board shall have the power to create with the
previous approval of the Government, such posts of officers
and servants whose minimum monthly salary exclusive of
allowances does not exceed rupees two hundred and fifty,
as it may consider necessary for carrying out the purposes
of this Act.]
18. The remuneration and other conditions of service of the
Secretary, 30[XXX] and other officers and servants of the
Board shall be such may be prescribed.
31[18-A. Subject to any rules that may be made in this
behalf, the Board may by order delegate any of its powers
to the 32[Vice-Chairman and Housing Commissioner] or to
any other officer of the Board. The exercise of any powers
delegated under this section shall be subject to such
28. Substituted by Act No.15 of 1962.
29. Sub-sections (2) and (3) substituted by Act No.15 of 1962.
30. Omitted by Act No.25 of 1981.
31. Inserted with marginal heading by Act No.15 of 1962.
32. Substituted by Act No.4 of 1984.
Conditions of
service of officers
and servants.
Delegation.
[Act No. XLVI of 1956] 15
restrictions, limitations and conditions and to such control
by the Board as may be specified in the order.]
19. The Board shall take over and employ such of the
existing staff serving for the purposes of the Hyderabad City
Improvement Board and the Secunderabad Town
Improvement Trust as the Government may direct, and
every person so absorbed shall be governed by the
provisions of this Act and the rules and regulations made
thereunder.
20. No person who has directly or indirectly by himself or
his partner or agent any share or interest in any contract, by
or on behalf of the Board, or in any employment under, by
or on behalf of the Board otherwise than as an officer or
servant thereof, shall become or remain an officer or servant
of the Board.
CHAPTER III.
Housing Schemes.
21. Subject to the provisions of this Act and subject to the
control of the Government, the Board may incur expenditure
and undertake works for the framing and execution of such
housing schemes as it may consider necessary from time to
time, or as may be entrusted to it by the Government.
33[21-A. The Board may, in furtherance of the objectives of
the Act, and for undertaking the activities specified in
section 21 -B, with the prior approval of the Government,
create a subsidiary in the form of,-
33. Sections 21 -A and 21 -B inserted with marginal headings by Act
No.32 of 2006.
Absorption of the
existing staff of
the Hyderabad
City Improvement
Board and the
Secunderabad
Town
Improvement
Trust by the
Board.
General
disqualification of
all officers and
servants.
Duty of Board to
undertake
housing schemes.
Creation of
subsidiaries.
16 [Act No. XLVI of 1956]
(i) an institution to be incorporated and organised under
the provisions of 34the Companies Act,1956;
(ii) a society under the provisions of the 35Telangana
Co-operative Societies Act,1964; or the 36Telangana
Mutually Aided Co-operative Societies Act,1995;
(iii) a firm under the provisions of the Indian Partnership
Act,1932.
21-B. A subsidiary created under section 21 -A may
undertake the following activities:-
(i) to construct integrated townships on non -competitive
basis with 37[Telangana Housing Board in Telangana;
(ii) to construct integrated townships outside the State
and outside the country with the prior approval of the State
Government;
(iii) to enter into joint ventures in public-private, private-
public partnership to construct group housing and
integrated townships;
(iv) to enter in to joint ventures with private sectors for
value-chain on technology up-gradation such as pre -cast,
furnishings, furniture, etc.;
(v) to enter into joint ventures for development of
integrated township development projects, housing
34. This Act has been repealed by Central Act No.18 of 2013.
35. Adapted by G.O.Ms.No.53, Agriculture & Co -operation (Coop.II)
Department, dated 20.05.2016.
36. Adapted by G.O.Ms.No.28, Agriculture & Co -operation (Coop.II)
Department, dated 19.04.2016.
37. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Activities of
subsidiaries.
Central Act 1 of 1956.
Telangana Act 7 of
1964.
Central Act 9 of 1932.
Telangana Act 30 of
1995.
[Act No. XLVI of 1956] 17
development projects a nd for other civil construction
projects;
(vi) to carry on the business of providing urban
infrastructure services including integrated housing and
slum development and all activities incidental and ancillary
thereto;
(vii) to carry on the business of interior designers,
decorators and to carry on all activities incidental thereto;
and
(viii) to carry out such other functions as may be
specified by the Board or as the case may be the
Government, from time to time.]
22. Notwithstanding anything contained in any other law 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 otherwise
of any property necessary for or affected by the execution of
the scheme;
(b) the laying or relaying out of any land comprised in
the scheme;
(c) the distribution or redistribution of sites belonging to
owners of property comprised in the scheme;
38[(cc) the improvement and clearance of slums in th e
area included in the scheme;]
(d) the closure or demolition of dwellings or portions of
dwellings unfit for human habitation;
38. Inserted by Act No.15 of 1962.
Matters to be
provided for by
housing schemes.
18 [Act No. XLVI of 1956]
(e) the demolition of obstructive buildings or portions of
buildings;
(f) the construction and reconstruction of buildings, their
maintenance and preservation;
(g) the sale (including on hire purchase system), letting
or exchange of any property comprised in the scheme;
(h) the construction and alteration of streets and back
lanes;
(i) provision of the draining, water -supply and lighting of
the area included in the scheme;
(j) the provision of parks, play -fields and open spaces
for the benefit of any area comprised in the scheme or any
adjoining area and the enlargement of ex isting parks, play-
fields, open spaces and approaches;
(k) the provision of sanitary arrangements 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;
(l) the p rovision of accommodation for any class of
inhabitants;
(m) the advance of money for the purposes of the
scheme;
(n) the provision of facilities for communication and
transport;
(o) the collection of such information and statistics as
may be necessary for the purposes of this Act;
[Act No. XLVI of 1956] 19
(p) any other matter for which, in the opinion of the
Government, it is expedient to make provision with a view to
provide housing accommodation and to the improvement or
development of any are a comprised in the scheme or any
adjoining area or for the general efficiency of the scheme.
39[22-A. The Board may, from time to time, by notification i n
the *[Telangana Gazette] declare its intention to make a
housing scheme for any area setting forth the extent of land
proposed to be included in the scheme and such other
particulars as may be prescribed.]
23. (1) No housing scheme shall 40[unless the Government
by general or special order otherwise direct]-
(a) be made for any area for which an improvement
scheme, under any law for the time being in force regulating
the duties and powers of a Municipal Corporation, Municipal
or Town Committee, 41[a District Municipality, a Zilla
Parishad, a P anchayat Samithi] or village Panchayat has
been sanctioned;
(b) contain anything which is inconsistent with any
matter included in a town planning scheme sanctioned by
the Government under any other law for the time being in
force.
(2) Should a dispute arise, whether or not a housing
scheme-
(a) includes any area for which an improvement
scheme mentioned in clause (a) of sub -section (1) has been
sanctioned;
39. Inserted with marginal heading by Act No.15 of 1962.
40. Inserted by Act No.15 of 1962.
41. Substituted by Act No.15 of 1962.
Declaration of
intention to make
a housing
scheme.
No housing
scheme to be
made for area
included in
improvement
scheme or be
inconsistent with
town planning
scheme.
20 [Act No. XLVI of 1956]
(b) contains anything inconsistent with any matter
included in a town planning scheme mentioned in clause (b)
of sub-section (1);
the dispute shall be referred to Government whose
decision shall be final.
24.(1) Before the first day of December in each year , the
Board shall prepare and forward-
(i) a programme,
(ii) a budget for the next year,
(iii) a schedule of the staff of officers and servants
already employed and to be employed during the next year,
to the Government in such form as may be prescribed.
(2) The programme shall contain-
(a) such particulars of housing schemes as may be
prescribed and which the Board proposes to execute
whether in part or whole during the next year;
(b) the particulars of any undertaking which the
Board proposes to organize or execute during the next year
for the purpose of the production of building materials; and
(c) such other particulars as may be prescribed.
(3) The budget shall contain a statement showing the
estimated receipts and expenditure on capital and revenue
accounts for the next year.
25. (1) The Board shall, before forwarding the programme
to the Government under section 24 publish a draft of the
Preparation and
submission of
annual housing
programme,
budget and
establishment
schedule.
Programme to be
published for
inviting
suggestions and
objections.
[Act No. XLVI of 1956] 21
programme in the *[Telangana Gazette] and in such other
manner as may be prescribed.
(2) If within three weeks from the date of such
publication any person communicates in writing to the
Board any suggestion or obj ection relating to such
programme, the Board shall consider such suggestion or
objection and may modify such programme as it thinks fit.
(3) The Board shall then forward the programme, the
budget and the schedule of the staff of officers and servants
to the Government for sanction as req uired under section
24.
26. The Government may sanction the programme, the
budget and the schedule of the staff of officers and servants
forwarded to it with such modifications as it deems fit
42[XXX].
27. The Government shall publish the programme
sanctioned by it under section 26, i n the *[Telangana
Gazette].
28. The Board may, at any time, during the year, in respect
of which a programme has been sanctioned under section
26 submit a supplementary programme and budget and the
additional schedule of the staff, if any, to the Government
and the provisions of section 26 shall apply to such
supplementary programme, budget and s chedule. The
provisions of section 27 shall also apply to such
programme.
42. Omitted by Act No.12 of 2010.
Sanction to
programme,
budget and
establishment
schedule.
Publication of
sanctioned
programme.
Supplementary
programme
budget, and
establishment
schedule.
22 [Act No. XLVI of 1956]
29. The Board may, at any time, vary any programme or any
part thereof 43[sanctioned by the Government, without
deviating from the very purpose for which it is sanctioned:]
Provided that no such variation shall be made if it
involves an expenditure in excess of ten per cent of the
amount as originally sanctioned for the execution of any
housing scheme included in such programme, or affects its
scope or purpose.
30. After the programme has been sanctioned and
published by the Government under sections 26 and 27, the
Board shall, subject to the provisions of section 29 proceed
to execute the housing schemes included in the
progaamme.
31. (1) Before proceeding to execute any housing scheme
under section 30 the Board shall, by notification in the
*[Telangana Gazette] , publish the scheme. The notification
shall specify that the plan, showing the area which it is
proposed to include in the housing scheme and the
surrounding lands, shall be open to inspection of the public
at all reasonable hours at the office of the Board.
(2) If within two weeks from the date of the publication of
the housing scheme any person communicates in writing to
the Board any suggestion or objection relating to the
scheme, the Board shall consider such suggestion or
objection and may modify the scheme as it thinks fit.
(3) The Board shall then by notification in the
*[Telangana Gazette] publish the final scheme. The
notification shall specify that the plan, showing the area
included in the final scheme and the surrounding lands and
other particulars as may be prescribed shall be open to
43. Substituted by Act No.12 of 2010.
Variation of
programme by
Board after it is
sanctioned.
Sanctioned
housing schemes
to be executed.
Publication of
housing scheme
in the *[Telangana
Gazette].
[Act No. XLVI of 1956] 23
inspection of the public at all reasonable hours at the office
of the Board.
(4) The publication of a notification in the *Telangana
Gazette under sub-section (3) shall be conclusive evidence
that the said scheme has been duly framed.
32. (1) Whenever any street, square or other land, or any
part thereof, which is situated within the jurisdiction of a
local authority and is vested in the said local authority, is
within the area included in the programme sanctioned by
the Government and is required for the purpose of such
housing scheme, the Board shall give notice accordingly to
the local authority in which it vests.
(2) Where the said local authority concurs, such street,
square or other land or part thereof shall vest in the Board.
(3) Where there is any dispute the matter shall be
referred to the Government. The Government shall, after
hearing the local authority concerned, decide the matter and
the decision of the Government shall be final. If the
Government decides that such stre et, square or land shall
vest in the Board, it shall vest accordingly.
(4) Nothing in this section shall affect the rights or
powers of the local authority in or over any drain or water
work in such street, square or land.
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 it
revests in the local authority as part of a street or an open
space under section 36 no compensation shall be payable
by the Board to the local authority in respect of that land.
Transfer to the
Board for
purposes of
housing scheme
of land vested in a
local authority.
Compensation in
respect of land
vested in the
Board.
24 [Act No. XLVI of 1956]
(2) Where any land vests in the Board under section 32
and no declaration is made under sub -section (1) in respect
of the land, the Board shall pay to the local authority as
compensation a sum equal to the value of such land.
(3) If, in any case where the Board has made a
declaration in respect of any land under sub-section (1), the
Board retains or disposes of the land contrary to the terms
of the declaration so that the land does not revest in the
local authority the Board shall pay to the local authority
compensation in respect of such land in accordance with
the provisions of sub-section (2).
34. (1) The Board may turn, divert, discontinue the public
use of, or permanently close, any public street vested in it or
any part thereof.
(2) Whenever the Board discontinues the public use of,
or permanently closes, any public street vested in it 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 p erson who is
entitled, otherwise than as a mere member of the public, to
use such street or part as a means of access and has
suffered damage from such discontinuance or closing.
(3) In determining the compensation payable to any
person under sub -section (2) the Board shall 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, i s
discontinued or closed.
Power of Board to
turn or close
public street
vested in it.
[Act No. XLVI of 1956] 25
(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 same as is no longer required.
35. If there is any dispute as to whether any compensation
is payable under section 33 or as to the amount of
compensation payable under section 33 or section 34, as
the case may be the matter shall be referred to the Tribunal.
36. (1) Whenever the Government is satisfied-
(a) that any street laid out or altered by the Board has
been duly levelled, paved, metalled, flagged, channelled,
sewered and drained in the manner provided in the
programme sanctioned by the Government under section
26, and
(b) that such lamps, lamp -posts and other apparatus
as the local authority 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 Government may declare the street to be a public street,
and the street shall thereupon vest in the concerned local
authority and shall thenceforth be maintained, kept in repair,
lighted and cleaned by the said local authority.
(2) When any open space for purposes of ventilation or
recreation has been provided by the Board in executing any
housing scheme, it shall on completion be transferred to the
local authority concerned, by resolution of the Board, and
shall thereupon vest in, and be maintained at the expense
of, the local authority:
Reference to
Tribunal in case of
dispute under
section 33 or 34.
Vesting in local
authority of street
laid out or altered
and open space
provided by the
Board under
housing scheme.
26 [Act No. XLVI of 1956]
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 Boa rd
and the local authority in respect of any matter referred to in
the foregoing provisions of this section, the mExcerpt shown. Open the full act in Lexace.