LexThe UTTAR PRADESH RURAL HOUSING BOARD ACT, 1982
Uttarakhand · state statute
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THE UTTAR PRADESH RURAL HOUSING BOARD ACT, 1982
[U.P. ACT NO. 27 OF 1983]
[As passed by the Uttar Pradesh Legislature Assembly]
AN
ACT
to provide for the establishment, incorporation and functioning of a Housing and
Development Board primarily for the rural areas in Uttar Pradesh.
IT IS HEREBY enacted in the Thirty-fourth Year of the Republic of India as follows:--
CHAPTER I
Preliminary
Short title,
extend and
commencement
1- (1) This Act may be called the Uttar Pradesh Rural Housing Board Act, 1983.
(2) It extends to the whole of Uttar Pradesh, excluding areas and lands owned,
requisitioned or taken on lease by the Central Gove rnment for the purpose of
defence.
(3) It shall come into force on such date as the State Government may , by
notification, appoint in this behalf.
Definitions 2- In this Act-
(a) “Board” means the Uttar Pradesh Rural Housing Board established under
section 3;
(b) “Chairman” means the Chairman of the Board;
(c) “Housing Scheme” means a housing scheme prepared in acc ordance with
the provisions of this Act;
(d) “land” includes benefits arising out of land and things attached to the earth
or permanently fastened to anything attached to the earth;
(e) “member” means a member of the Board and includes a Chairman;
(f) “prescribed” means prescribed by rules;
(g) “programme” means the annual housing programme prepared by the
Board under section 25;
(h) “rural area” means the area of a district excluding –
(i) every city as defined in the Uttar Pradesh Nagar Mahapalika
Adhiniyam, 1959,
(ii) every municipality as defined in the United Provinces
Municipalities Act, 1916,
(iii) every notified area as defined in the United Provinces
Municipalities Act, 1916,
(iv) every town area declared and defined under the United Provinces
Town Areas Act, 1914,
308
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 3-4]
(v) area declared as “development area” under section 3 of the Uttar
Pradesh Urban Planning and Development Act, 1973,
(vi) area covered by any housing or improvement scheme under the
Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.
(vii) area covered by any housing or improvement scheme under any
other enactment;
unless the State Government , after cons ultation with the competent
authority under the aforesaid relevant enactment, declares any such area or
part of the area for the purposes of this Act;
(i) “Tribunal” means a tribunal constituted under section 40.
CHAPTER II
Establishment of the Board
Power to
establish Rural
Housing Board
3- (1) With effect from such date as the State Government may, by notification,
appoint in this behalf, there shall be established for the rural areas of the State, a
Board by the name of the Uttar Pradesh Rural Housing Board.
(2) The Board shall be a body corporate and for the purposes of this Act, and
any other law for the time being in force including the Land Acquisition Act,
1894, it shall be deemed to be a local authority.
Composition
of the Board
4- (1) The Board shall consist of the following members, namely :-
{(a) one person to be nominated as Chairman by the State
Government;}1
- Chairman
(b) Three non -official persons to be nominated as members
by the State Government;
- Member
(c) Adyaksh, Uttar Pr adesh Avas Evam Vikas Parishad, ex-
officio;
- Member
(d) Director, Central Building Research Institute, Roorkee
(Saharanpur), ex-officio;
- Member
(e) Secretary, Finance Department, Government of Uttar
Pradesh, ex-officio;
- Member
(f) Secretary, P lanning Department, Government of Uttar
Pradesh, ex-officio;
- Member
(g) Secretary, Institutional Finance Department, Government
of Uttar Pradesh, ex-officio;
- Member
(h) Secretary, Harijan Sahayak and Social Welfare
Department, Government of Uttar Pradesh, ex-officio;
- Member
(i) Principal, Government Arts College, Lucknow, ex-officio; - Member
1- Substituted by section 2 of U.P. Act no. 17 of 1997.
309
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 5-7]
(j) Director, Building Organization, Ministry of Works and
Housing, Government of India, ex-officio;
- Member
(k) Chief Engineer, Rural Engineering Service, ex-officio; - Member
(l) Senior Architect, Uttar Pradesh Avas Evam Vikas
Parishad, ex-officio;
- Member
(m) Advisor, Project Planning, Uttar Pradesh Development
Systems Corporation Ltd., ex-officio;
- Member
(n) Rural Housing Commissioner, Uttar Pradesh Housing
Board, ex-officio;
- Member
(2) An officer referred to in clauses (e), (f), (g) and (h) of sub -section (1) may,
instead of attending a meeting of the Board himself, depute an officer next junior
to him available in his department to attend the meeting. The officer so deputed
shall have the right to take part in the proceedings of the meeting and shall also
have the right to vote.
(3) The nomination of the members other than ex-officio members shall be
notified in the Gazette.
(4) A member of the Board, other than ex-officio, member, may at a ny time,
resign his office by writing under his signature to the State Government, but the
resignation shall not take effect until it is accepted.
Terms and
conditions of
membership
5- (1) The term of every member, other than ex-officio member, shall b e three
years unless it is determined earlier by the State Government by a notified order.
(2) The members of the Board may be paid such allowances as may be
prescribed.
(3) The allowances payable under this section shall be paid from the fund of the
Board.
Power to fill
temporary
vacancy in
the office of
Chairman
6- (1) When there is a temporary vacancy in the office of the Chairman, the State
Government may appoint another person to act as Chairman during the period of
such vacancy, and the person s o appointed shall, for the purposes of this Act, be
deemed to be the Chairman.
(2) If any member of the Board other than the Chairman is by infirmity or
otherwise rendered temporarily incapable of carrying out his duties or is absent on
leave or on any oth er ground not resulting in the cessation of his membership, the
State Government may appoint another person to officiate for him and carry out
his function under this Act, or any rule or regulation made thereunder.
Disqualification
for
membership
7- (1) A person shall be disqualified for being appointed or continuing as a
member of the Board if he;
(a) holds, except as provided in sections 5 and 6, any o ffice of profit
under the Board;
(b) is of unsound mind;
(c) is an undercharged insolvent;
(d) has been convicted for an offence involving moral turpitude;
310
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 8-10]
(e) has directly or indirectly by himself or be any partner, employer or
employee, any share or interest, whether pecuniary or of any other nature in any
contract or employment with, by or on behalf of the Board;
(f) is a director, secretary, manager or other salaried officer of any
incorporated company which has any share or i nterest in any contract or
employment with, by or on behalf of the Board.
(2) A person shall not be disqualified under clause (e) or clause (f) of sub -section
(1) or be deemed to have any share or interest in any contract or employment within
the meaning of the said clauses, by reason only of his or the incorporated company of
which he is a director, secretary, manager or other salaried officer , having a share or
interest in –
(a) any sale purchase, lease or exchange of immovable property or any
agreement for the same:
(b) any agreement for loan of money or any security for payment of money
only;
(c) any newspaper in which any advertisement relating to the affairs of the
Board is published;
(d) the occasional sale to the Board, up to a value not exceeding te n thousand
rupees in any one year, of any article in which he or the company regularly trades.
Explanation— A person shall not deemed to have any share or interest in any
contract or employment with, by or on behalf of, the Board by reason only of his
being a shareholder of a company which has such share or interest.
Disqualific
ation from
participati
ng in
Board’s
proceeding
s.
8- (1) A member of the Board or of a committee appointed by the Board who –
(a) has any share or interest of the nature described in clause (e) or clause (f)
of sub-section (1) of section 7 in respect of any matter, or
(b) has acted professionally in relation to any matter on behalf of any person
having therein any such share or interest as aforesaid,
shall not, notwithstanding anything contained in sub-section (2) of section 7, vote or
take part in any proceeding of the Board or of its committee relating to such matter.
(2) If any member of the Board or of its committee has directly or indirectly any
interest in any land situated in any area comprised in any of the schemes framed under
this Act, or in any area in which it is proposed to acquire land for any of the purposes
of this Act, he shall not take part in any meeting of the Board or its committee in which
any matter relating to such land is considered.
Certain
acts
not to be
invalid
9- Any disqualification of or defect in the appointment of any person as a member of
the Board or any vacancy or defect in the constitution of the Board, shall not vitiate or
invalidate any act or proceeding of the Board if such act or proceeding is otherwise in
accordance with the provisions of this Act.
Rural
Housing
Commissi
oner
10
-
(1) There shall be a Rural Housing Commissioner appointed by the State
Government for the purposes of this Act.
(2) The conditions of service of the Rural Housing Commissioner shall be such as
may be prescribed. He shall be remunerated from the fund of the Board.
311
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 11-15]
Officers and
servants of
Board
11- (1) Subject to such control and restriction as may from time to time be
imposed by the State Government, by special or general orders, the Board may
appoint such officers and servants as it co nsiders necessary for the efficient
performance of its functions.
(2) The terms and conditions of service of the officers and servants appointed
under sub-section (1) shall be such as may be prescribed.
(3) The Board may, with the previous approval of the State Government,
appoint a servant of the Central or State Government or of a local authority on any
of the posts under it on such term and conditions as may be agreed upon.
Control over
Board’s
employees
12- Subject to the provisions of this Act and the rules made thereunder, the Rural
Housing Commissioner shall exercise supervision and control over all the officers
and servants of the Board.
Delegation of
powers
13- (1) Subject to the provisions of this Act and the rules, the Board may by
general or special order delegate, either unconditionally or subject to such
conditions, including the conditions of review by itself, as may be specified in the
order to any committee appointed by it or to the Rural Housing Commissioner or
to any other officer of the Board such of its powers and duties under this Act, as it
may deem necessary.
(2) Subject to the provisions of this Act and the rules, the Rural Housing
Commissioner may by general or special order delegate, either unconditionally or
subject to such conditions, including the condition of review by himself, as may be
specified in the order, to any officer of the Board such of his powers and duties
under this Act, not being powers and duties delegated to him under sub-section (1),
as he may deem necessary.
CHAPTER III
Housing Scheme
Framing of
Housing
Scheme
14- (1) Whenever the Board is of opinion that it is necessary or expedient to meet
the need for housing accommodation in any area, the Board may frame a housing
scheme.
(2) Such scheme shall speci fy the lay-out of the area where the houses are to
be constructed and may provide for the building of houses by the Board and by
others.
(3) The Board may lease out or sell, including sale on hire-purchase basis, any
house so built by the Board.
(4) The Board may provide in the area roads, streets, drainage, water -supply,
street lighting, community buildings and other amenities.
Inclusion of
areas other
than rural
areas in the
scheme
15- If the Board, while framing a housing scheme in respect of a ru ral area,
considers it necessary for the purpose of construction of houses under the scheme
to include, in the scheme, an area which is contiguous to such rural area but which
is not a rural area, notwithstanding anything contained in this Act or any other law
for the time being in force, the State Government may, after consultation with the
competent authority within whose jurisdiction such land lies, declare such land to
be rural area for the purposes of this Act and, and such declaration, it shall be
lawful for the Board to include such area in the scheme.
312
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 16-17]
Matters to be
provided in
the Housing
scheme
16- Notwithstanding anything c ontained 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) acquisition by purchase, exchange or otherwise of any property
necessary for or affected by the execution of the scheme;
(b) laying out or relaying out of any land comprised in the schemes;
(c) distribution or redistribution of sites belonging to owners of property
comprised in the scheme;
(d) clearance or demolition of dwellings or portions of dwellings unfit for
human habitation;
(e) demolition of buildings or portions of buildings causing obstruction in
the proposed layout;
(f) construction and re-construction of buildings;
(g) sale (including sale on hire purchase basis), letting or exchange of any
property comprised in the scheme;
(h) construction or alteration of roads, streets, lanes, bridges, culverts and
cause-ways;
(i) drainage, water supply or lighting of the area included in the scheme;
(j) shops, schools, parks, playing grounds and open spaces for the benefit
of any area comprised in the scheme or any adjoining area, and the
enlargement of existing parks, playing grounds, open spaces and approaches;
(k) sanitary arrangements required for the area comprised in the scheme,
including the conservation and preventio n of any injury or contamination of
rivers or other sources and means of water supply;
(l) accommodation for members of scheduled castes, scheduled tribes,
socially and educationally backward classes of people , agricultural labourers,
economically weaker sections of the people and any other class of inhabitants;
(m) advance of loans for the purposes of the scheme;
(n) facilities for communication and transport;
(o) collection of such information and statistics as may be necessary for
the purposes of this Act;
(p) any other matter which may be prescribed.
Restrictions
on the
Housing
Schemes
17- (1) Subject to the provisions of section 15 no housing scheme shall be made
under this Act for any area for which a housing or an improvement scheme has
been sanctioned by the State Government under any enactment for the time being
in force nor shall any such housing scheme contain anything which is inconsistent
with any of the matters included in a town planning scheme sanctioned by the State
Government.
(2) If any dispute arises whether a housing scheme made under this Act includes
any area included in housing or an improvement scheme or contains anything
inconsistent with any matter included in a town planning scheme referred to in
sub-section (1), the decision of State Government shall be final.
313
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 18-21]
Notice of
Housing
schemes
18- (1) When any housing scheme has been framed, the Board shall prepare a notice
to that effect specifying-
(a) the boundaries of the area comprised in the scheme;
(b) the dates, hours and place or places at which a map of the area
particulars of the scheme, and details of the land proposed to be acquired may
be seen; and
(c) the date by which objections to the scheme may be made.
(2) The Board shall-
(a) cause the said notice to be published weekly for three consecutive
weeks in (i) the Gazette and (ii) two daily newspapers, having circulation in
the area comprised in the scheme at least one of which shall be a Hindi
newspaper; and
(b) send a copy of the notice to the local authority or authorities within
whose jurisdiction the area comprised in the scheme lies.
(3) The Rural Housing Commissioner shall cause copy of an y document
referred to in clause (b) of sub -section (1) to be delivered to any applicant on
payment of such fee as may be provided by regulations
Notice of
proposed
acquisition
19- Within six weeks from the date on which any notice is first published un der
section 18 in respect of any housing scheme, the Board shall serve a notice in such
form, on such persons or classes of persons and in such manner as may be
prescribed, stating that the Board proposes to acquire any specified land or
building for the execution of the scheme.
Objections 20- (1) Any local authority to whom a copy of the notice has been sent under clause
(b) of sub -section (2) of section 18 may, within sixty days from the receipt of the
copy of the notice, file any objection against the scheme.
(2) Any person on whom a notice under section 19 has been served may, within
thirty days from the service of the notice, or within such further time as the Board
may, for sufficient cause, allow, make an objection in writing to the Board against
the scheme or the proposed acquisition.
(3) Any other person may file an objection against the scheme within the time
specified in the notice under section 18.
Abandonment,
modification
or sanction of
scheme
21- (1) After considering the objections, if any, received in pursuance of the
foregoing provisions and after giving an opportunity of being heard to the
objectors, the Board may, so far as may be, within six months from the date of
receipt of the last such objection, either abandon the scheme, or s ubmit it to the
State Government for sanction with such modifications, if any, as the Board may
suggest.
(2) The State Government may sanction with or without modifications, or
refuse to sanction, or return for re -consideration, any scheme submitted to it under
sub-section (1).
(3) If a scheme, returned for reconsideration under sub -section (2), is
modified by the Board it shall be republished in accordance with section 18—
314
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 22-24]
(a) if the modification affects the boundaries of the area comprised in the
scheme or involves acquisition of any land or building not previously
proposed to be acquired; or
(b) if the modification is, in the opin ion of the Board, of sufficient
importance to require republication;
and, on such republication, the procedure prescribed in section 19 and
section 20 shall, so far as may be applicable, be followed as if the republication
were an original publication under section 18.
Commencement
of scheme
22- (1) Whenever the State Government sanctions a housing scheme, it shall be
notified in Gazette.
(2) The notification, under sub -section (1), in respect of any scheme shall be
conclusive evidence that the scheme has been duly framed and sanctioned.
(3) The scheme shall come into force on the date of the notification under sub -
section (1).
Alteration
of scheme
23- (1) At any time after a housing scheme has come into force and before it is fully
executed, the Board may for reasons to be recorded alter or cancel it:
Provided that-
(a) before making any alteration in a housing scheme which involves
acquisition, otherwise than by agreement, of any land or building not proposed
to be acquired in the original sch eme, the Board shall serve a notice, in such
form, on such persons or classes of persons and in such manner, as may
prescribed, of the proposed alteration, and consider the objection, if any,
received in pursuance of the notice within thirty days from the service of the
notice or within such further time as the Board may, for sufficient cause, allow,
and give an opportunity of being heard to the objectors;
(b) no scheme shall be altered or cancelled without the previous sanction
of the State Government.
(2) Any alteration or cancellation of a scheme under sub -section (1) shall be
notified in the Gazette and have effect from the date of such notification, so,
however, that any such modification shall be without prejudice to the validity of
anything previously done under the original scheme.
Restriction on
building in
area proposed
for or
comprised in a
scheme
24- (1) Where a notice has been published under section 18 in respect of a housing
scheme, no person shall, until the scheme is abandoned, or sanc tioned, and if the
scheme has come into force, during a period of two years from the date of its
commencement, erect, re -erect, add to, or alter any building or otherwise develop
any land in the area comprised in the scheme except in accordance with the scheme
and subject to such restrictions and conditions as the Rural Housing Commissioner
may, upon an application for permission in this behalf, by order impose.
(2) A person aggrieved by an order of the Rural Housing Commissioner,
refusing permission or imp osing restrictions or conditions under sub -section (1),
may, within such time as may be prescribed, appeal to the Board whose decision
thereon shall be final.
315
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 25-30]
Annual
budget and
housing
programme
25- (1) Before the first day of December in each year, the Board shall prepare and
forward to the State Government in such form as may be prescribed-
(i) a programme;
(ii) a budget for the next year.
(2) The programme shall contain-
(a) suc h particulars of housing scheme which the Board propos es to
execute whether in part or whole during the next year as may be prescribed;
(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.
Sanctioning of
the programme
and budget.
26- The State Government may sanction the programme and the budget forwards to
it with such modifications as it deems fit. The programme and the budget so
sanctioned shall be laid before both the Houses of the State Legislature as soon as
may be after they are sanctioned.
Supplementary
programme
and budget
27- 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 to the State Government and the provisions of section 25 shall apply to
such supplementary programme and budget.
Variation of
programme
28- The Board may at any time vary any programme or any part thereof s anctioned
by the State Government:
Provided that no such variation as affects the scope or purpose of any
housing scheme included in such programme shall be made without the previous
sanction of the State Government and the provisions of section 26 shall mutatis
mutandis apply to such variation.
Execution of
the Housing
Scheme
29- (1) After the programme has been sanctioned by the State Government under
section 26, the Board shall, subject to the provisions of section 28, proceed to
execute the housing scheme included in the programme.
(2) The Board may execute any of the matters provided in a housing scheme
through any independent agency.
(3) Nothing in sub -section (1) and sub -section (2) shall be construed to
prohibit the Board from employing an y agency of the State Government or of a
local authority with the consent of that Government or authority, as the case may
be, in the erecution of any, housing scheme.
Vesting of
Gaon Sabha
land in the
Board
30- (1) Notwithstanding anything contained in the U.P. Zamindari Abolition and
Land Reforms Act, 1950 or in any other law for the time being in force, where any
street, square or other land or part thereof belonging to or vested in a Gaon Sabha
or other local authority is situated within the area incl uded in any housing scheme
sanctioned by the State Government and is required for the purposes of such
scheme, the Board shall give notice to such Gaon Sabha or local authority, as the
case may be, that the same is required for the purpose of the scheme.
316
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 31-34]
(2) If the Gaon Sabha or the local authority concurs, such street, square or other
land or part thereof shall vest in the Board w ith effect from the date of such
concurrence.
(3) If the Gaon Sabha or the local authority does not concur, the dispute shall be
referred to the State Government and the decision of the State Government shall be
final.
(4) Nothing in this Section shall a ffect the rights or powers of the Gaon Sabha
or other local authority over any drain or water-works in such street square or land.
Compensation
when payable
31- (1) Where any land vests in the Board under section 30 and the Board makes a
declaration that such land shall be retained by the Board until it re -vests in the Gaon
Sabha or the local authority concerned as part of a street or an open space under
section 34, no compensation shall be payble by the Board in respect of such land.
(2) Where any land vests in the Board under section 30 and no declaration is made
under sub-section (1) in respect of the land, the Board shall pay to the Gaon Sabha or
the local authority concerned a sum equal to the market value of the land as
compensation.
(3) Where the B oard has made a declaration in respect of any land under sub -
section (1) and the Board detains or disposes of the land contrary to the terms of the
declaration so that the land does not re -vest in the Gaon Sabha or other local
authority, the Board shall pa y compensation in accordance with the provisions of
sub-section (2).
Power of
Board to turn
or close
public street
vested in it
32- (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 in lieu thereof and pay reas onable
compensation to every person 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 closure.
(3) When any public street or any part thereof, 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 by it.
Reference of
certain
disputes to the
tribunal
33- If there is any dispute as to whether any compensati on is payable under section
31 or section 32 or as to the amount of compensation payable under the said sections,
the matter shall be referred to the Tribunal and its decision shall be final.
Vesting of
certain streets
and open space
in Gaon Sabha
34- (1) Whenever the State Government is satisfied-
(a) that any street laid out or altered by the Board has been duly leveled,
paved, metal led, flagged, channeled, severed and drained in the manner
provided in the scheme sanctioned by the State Government un der section 21;
and
(b) that such lamps, lamp -posts and other apparatus as the Gaon Sabha
considers necessary for the lighting of such street and as ought to be provided
by the Board have been so provided; and
317
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 35-37]
(c) that water and other sanitary conveniences have been duly provided in
such street;
the State Government may declare the street to be a public street, and the
street shall there upon vest in the Goan Sabha and shall thereupon be maintained,
kept in repair, lighted and cleaned by such Gaon Sabha.
(2) When any open space for purposes of ventilation or recreation has been
provided by the Board in executing any housing sc heme, it shall, on completion,
be transferred to the Gaon Sabha concerned by resolution of the Board, and shall
thereupon vest in and be maintained at the expense of such Gaon Sabha.
(3) If any dispute arises between the Board and the Gaon Sabha in respec t of
any matter referred to in this section, the matter shall be referred to the State
Government whose decision shall be final.
Other duties
of the Board
35- It shall be the duty of the Board to take measures with a view to expediting
and cheapening co nstruction of buildings, and the Board may for that purpose do
all things for-
(a) unification, simplification and standardization of building materials;
(b) encouraging pre -fabrication and mass production of house
components;
(c) organizing or undertaki ng the production of building materials
required for the housing schemes;
(d) encouraging research for discovering cheap building materials and
evolving new methods of economic construction;
(e) securing a steady and sufficient supply of workmen trained in the
work of construction of buildings;
(f) doing all such other acts and things as may be necessary for the
discharge of the duties before mentioned.
Reconstitution
of plots
36- The Board shall have the power to provide-
(a) for the formulation of reco nstituted plot by the alterations of the
boundaries of an original plot;
(b) with the consent of the owners that two or more original plots each of
which is held in ownership severally or jointly shall, with or without alteration
of boundaries be held in ownership in common as a reconstituted plot;
(c) for the allotment of a plot to any owner dispossessed of land in
furtherance of the housing scheme; and
(d) for the transfer of ownership of a plot from one person to another.
CHAPTER IV
Acquisition and Disposal of Land
Powers to
purchase or
lease by
agreement
37- (1) The Board may enter into an agreement with any person for the acquisition
from him by purchase, lease or exchange of any land which is needed for the
purposes of a housing scheme or any in terest in such land or for compensating the
owner of any such right in respect of any deprivation thereof or interference
therewith.
318
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 38-42]
(2) Any land or any interest therein required by the Board for any of the
purposes of this Act may also be acquired under the provisions of the Land
Acquisition Act, 1894 as amended in its application to Uttar Pradesh.
Power to
dispose of
land etc.
38- Subject to any rules made by the State Government under this Act, the Board
may retain lease, sell exchange or otherwise dispose of, any land, building or other
property vesting in it and situate in the area comprised in any housing scheme
sanctioned under this Act.
Dispute
regarding
reconstitution
of plots.
39- (1) Where as a result of the execution of any housing scheme, any plot is re -
constituted or any person is dispossessed from any land, any person affected by
such re -constitution or dispossess ed may apply to the Board, in the manner
prescribed, for compensation.
(2) The Board may after making such inquiry as it thinks fit, determine the
amount of compensation, if any, payable to the applicant.
(3) If the applicant is dissatisfied with the decis ion of the Board under sub -
section (2), he may prefer an appeal to the Tribunal in such manner as may be
prescribed.
(4) The Board shall pay the amount of compensation determined under sub -
section (2) or sub -section (3), as the case may be, to the person f ound entitled
thereto.
CHAPTER V
Tribunal
Constitution
of the
Tribunal
40- (1) The District Judge of each district shall constitute the Tribunal for the
purpose of this Act.
(2) The Tribunal shall follow such procedure as may be prescribed.
(3) Every order of the Tribunal for payment of any amount or for the delivery
of possession over any immovable property or for the removal of any structure
from such property shall be deemed to be a decree of the civil court and shall be
executable as such.
(4) The proceedings before the Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
(5) The member of the Tribunal shall be entitled to such remuneration as may
be prescribed.
Duties of the
Tribunal
41- The Tribunal shall decide all questions relating to the compensation payable
under sections 31 and 32 and all appeals preferred under section 39 and the
decision of the Tribunal shall be final.
Powers of the
Tribunal
42- The Tribunal shall fo r the purposes of holding any inquiry or hearing any
appeal under this Ordinance, have the same powers as are vested in the Civil Court
under the Code of Civil Procedure, 1908, when trying a suit in respect of the
following matters namely –
319
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 43-44]
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) receiving evidence on affidavits;
(c) inspecting a buildi ng or its locality, or issuing commissions for the
examination of witnesses or documents or local investigation;
(d) requiring the discovery and production of documents;
(e) recoding a lawful agreement, compromise or satisfaction and making
an order in accordance therewith;
(f) any other matter which may be prescribed.
CHAPTER VI
Finance, Accounts and Audit
Financial
Provisions
43- (1) The Board shall have its own fund which shall be deemed to be a local fund
and to which shall be credited all moneys received by or on behalf of the Board.
(2) The Board’s fund shall be kept in the State Bank of India or, with the
previous sanction of the State Government, in the Uttar Pradesh Co-operative Bank
or in a scheduled bank :
Provided that nothing in this sub -section shall be deemed to preclude the Board
from retaining such balance in cash as may be necessary for current payments or
from investing any portion of the fund not required for immediate expenditure in
any of the securities described in section 20 of the Indian Trusts Act, 1882.
(3) Subject to such conditions and limitations as may be prescribed the Board
may from time to time raise loans or enter into financial arrangements for the
purposes of this Act.
(4) Subject to such conditions and limitations as may be prescribed, the Board
may grant loans and advances, on such terms and conditions as it may determine,
to any other local authority, any co-operative society, or to any other person for the
construction of houses.
Debentures 44- (1) The Board may, fr om time to time, with the previous sanction of the State
Government, issue debentures for such amounts and on such terms and conditions
as may be prescribed.
(2) The State Government may guarantee, in such manner as it thinks fit, the
payment of the princi pal and interest, or of either the principal or the interest, of
any debentures issued under sub-section (1):
Provided that the State Government shall, so long as any such guarantees
are in force, lay before both Houses of the State Legislature in eve ry year during
the budget session, a statement of the guarantees, if any, given during the current
financial year, and an up -to-date account of the total sums, if any, which have
been paid out of State revenues by reason of any such guarantees or paid into State
revenues towards repayment of any money so paid out.
(3) Debentures issued by the Board under this section shall be issued
transferred, dealt with and redeemed in such manner as may be prescribed.
320
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 45-48]
Repayment of
loans
45- (1) The Board shall, for the purpose of repayment of any loan raised by it,
establish a sinking fund in such manner as may be prescribed.
(2) Every such sinking fund shall be maintained, invested and applied in such
manner as may be prescribed.
(3) The Board may, and if so directed by the State Government shall, create a
trust in the prescribed manner for investment of a sinking fund and for repayment
of the loans for which such fund was established.
Grants and loans
by Government
46- The State Government may, from time to time, make grants or advance loans to
the Board for the purpose of this Act on such terms and conditions as the State
Government may determine.
Revolving
Fund
47- (1) It shall be lawful for the Board to create a Revolving Fund into which shall
be credited all proceeds which may be received by or on behalf of the Board in
respect of sales on installment basis of any building or any unit therein constructed
or reconstructed by the Board under a housing scheme.
(2) The Revolving Fund shall be held and applied solely for the purposes of
construction or reconstruction of buildings under a housing scheme.
Accounts
and Audit
48- (1) The Rural Hous ing Commissioner shall lay before the Board, at a special
meeting to be held before the commencement of a financial year, a budget of the
Board for that year.
(2) Every such budget shall be prepared in such form as may be prescribed and
shall make provision for –
(i) the housing and improvement schemes which the Board proposes to
execute whether in part or whole during that year;
(ii) the due fulfillment of all the liabilities of the Board; and
(iii) the efficient administration of this Act;
and shall contain a statement showing the estimated receipts and
expenditures on capital and revenue accounts for that year, and such other
particulars as may be prescribed.
(3) The Board shall after considering the budget sanction it with or without
modifications and submit the same to the State Government for approval.
(4) The State Government may either approve the budget as sanctioned by the
Board, or return it to the Board for such modifications as the State Government
may direct.
(5) Where a budget is so returned, the Board shall forthwith make such
modifications and submit the budget as so modified to the State Government,
which may then approve it.
(6) The Rural Housing Commissioner may, at any time during the financial
year for which a budget has bee n approved by the State Government, lay before
the Board a supplementary budget and the foregoing provisions of this section
shall mutatis mutandis apply to such supplementary budget.
(7) The Board shall maintain the accounts and prepare the balance sheet in such
form and manner as may be prescribed.
321
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 49-50]
(8) The accounts of the Board shall be audited by such auditor in such manner
and such times as may be prescribed, and the auditor so appointed shall have such
powers of requiring the production of documents and the furnishing of
information respecting such matters, and such powers in respect of disallowance
and surcharge against the C hairman, the Rural Housing Commissioner and
members, officers and servants of the Board for any loss, waste or
misappropriation of the fund or property of the Board through neglect or
misconduct on their part, and shall follow such procedure in respect of surcharge
and recovery of the amount surcharged, and in respect of disallowance and
surcharge be subject to such appeal and in such manner, as may be prescribed.
(9) The accounts of the Board, as certified by the auditor, together with the
audit report the reon, shall be forwarded annually to the State Government who
may issue such instructions to the Board in respect thereof as it may deem fit, and
the Board shall comply with such instructions.
(10) The State Government shall –
(a) cause the accounts of the Board, together with the audit report
thereon, receive by it under sub -section (9) to be laid annually before each
House of the State Legislature ; and
(b) cause the accounts of the Board to be published in the prescribed
manner and make available copies thereof for sale at a reasonable price.
CHAPTER VII
Contracts
Power to make
contracts
49- The Board may enter into and perform all such contracts as it may consider
necessary or expedient for carrying out any of the purposes of this Act.
Execution of
contracts
50- (1) Every contract or assurance of property on behalf of the Board shall be in
writing and be executed by such authority and in such manner and form as may be
prescribed:
Provided that no contract involving an expenditure of ru pees twenty -five
thousand or more shall be made without the previous sanction of the Board.
(2) The provisions of sub -section (1) shall apply to every variation or
abandonment of a contract or estimate as well as to an original contract or
estimate.
(3) Notwithstanding anything contained in the Registration Act, 1908, it shall
not be necessary for the Rural Housing Commissioner or any officer of the Board,
authorized to execute on behalf of the Board any agreement or other instrument, to
appear in person or by agent at any registration office in any proceedings
connected with the registration of any such agreement or instrument or to sign as
provided in section 58 of that Act:
Provided that the registering officer to whom such instrument is presented may,
if he thinks fit, refer to the Rural Housing Commissioner or such officer for
information respecting the same and shall, on being satisfied of the execution
thereof, register the instrument.
322
[The Uttar Pradesh Rural Housing Board Act, 1983] [Section 51-56]
Delegation of
power in
regard to
contracts
51- Subject to any rules which the State Government may make in this behalf, the
Board may by order direct that the power conferred under section 50 shall be
exercised by the Rural Housing Commissioner or any other officer specified by the
Board.
Further
provisions as
to execution of
contracts
52- A contract or assurance of property not executed as provided in this chapter
and the rules made there under shall not be binding on the Board.
CHAPTER VIII
Offences and Penalties
Penalty for
obstructing
contractor or
removing
marks
53- If any person –
(a) obstruct or molests a ny person with whom the Board has entered
into a contract, in the performance by such person of his duty or of anything
which he is empowered or required to do by virtue or in consequence of this
ordinance or any rule or regulation ; or
(b) removes any mar k set up for the purpose of indicating any level or
direction necessary to the execution of works authorized by this Act or any
rule or regulation,
he shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with both.
Penalty for
acquiring
share or
interest in
contract, etc.
with the
Board
54- If the Chairman or any member of the Board acquirExcerpt shown. Open the full act in Lexace.