LexThe West Bengal Housing Board Act, 1972
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXXII of 1972
THE WEST BENGAL HOUSING BOARD ACT, 1972.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette,
Extraordinary, of the 13th October, 1972.]
[13th October, 1972.]
An Act to provide for the constitution of a Housing Board for West
Bengal and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the constitution of a Housing
Board for West Bengal and for matters connected therewith or incidental
thereto;
It is hereby enacted in the Twenty-third Year of the Republic of India,.
by the Legislature of West Bengal, as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be called the West Bengal Housing Board Act,
1972.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(1) "Board" means the West Bengal Housing Board constituted
under section 3;
(2) "Board premises" means any premises belonging to or vested in
the Board or taken on lease by the Board or entrusted to the
Board for management and use for the purpose of this Act;
(3) "Building materials" means such commodities or articles as are
specified by the State Government by notification in the
Official Gazette to be building materials for the purposes of
this Act;
Short title.
and com-
mencement
171
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter II.-Establishment of the Board.-Section 3.)
(4) "by-laws" means by-laws made by the Board under section 44;
(5) "Chairman" means the Chairman of the Board;
(6) "Corporation" means the Municipal Corporation of Calcutta or
the Municipal Corporation of Howrah or Chandemagore;
(7) "Housing Commissioner" means the Housing Commissioner
appointed under section 12;
(8) "housing scheme" means a housing scheme made under this Act;
(9) "land" includes benefits to arise out of land and things attached -
to the earth or permanently fastened to anything attached to
the earth;
(10) "Land Acquisition Act" means the Land Acquisition Act, 1894 1 ,Nrof 1894.
est or the West Bengal Land (Requisition and Acquisition) Act, Act ri of
1948; 1948.
(11) "member" means the Chairman or any other member of the
Board;
(12) "municipality" means a municipality (including a notified area) Ben. Act XV
constituted under the Bengal Municipal Act, 1932; of 1932.
(13) "premises" means any land or building or part of a building and
includes,—
(i) gardens, grounds and out-houses, 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;
(14) "prescribed" means prescribed by rules made under this Act;
(15) "regulations" means regulations made by the Board under
section 43;
(16) "year" means the year commencing on the 1st day of April and
ending on the 31st day of March.
Constitution
of the Board.
CHAPTER II
Establishment of the Board
3. (1) The State Government shall, by notification in the Official
Gazette, constitute for the purposes of this Act a Board by the name of
the West Bengal 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,
enter into contract and do all things necessary for the purposes of this Act.
172
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter H.—Establishment of the Board.—Sections 4, 5.)
(3) For the purposes of this Act and the Land Acquisition Act the
Board shall be deemed to be a local authority.
4. For the removal of doubts, it is hereby declared that the West Application
Bengal Premises Tenancy Act, 1956— of West
Bengal Act
(a) shall not apply to any land or building belonging to or vested in XII of 1956.
the Board.
(b) shall not apply as against the Board to any tenancies or other like
relationship created by the Board in respect of such land or
building;
(c) but shall apply to any land or building let out in favour of the
Board.
5. (1) The Board shall consist of a Chairman who shall be the Minister- Members of
in-charge of the Housing Department of the S tate Government and a Vice- andlird their
Chairman to be appointed by the State Government and the following resignation
other members, that is to say,— or removal.
(a) (i) Commissioner, Town and Country Planning Department, ex-
officio,
(ii) Commissioner, Finance Department, ex-officio,
(iii) Secretary, Housing Department, ex-officio,
(iv) Housing Commissioner, ex-officio; and
(b) five other persons appointed by the State Government:
Provided that the State Government may appoint a whole-time
Government servant ,to act as the Vice-Chairman of the
Board in addition to his own duties.
(2) The names of the Vice-Chairman and other members appointed
under sub-section (1) shall be published in the Official Gazette.
(3) A member of the Boad may at any time resign his office by writing
under his hand addressed to the State Government:
Provided that the resignation shall not take effect until it is accepted.
(4) The State Government may, by notification in the Official Gazette,
remove from office the Vice-Chairman or any other member who—
(a) is, or has become, subject to any of the disqualifications men-
tioned in section 6; or
(b) in the opinion of the State Government, has been guilty of any
misconduct or neglect or has so abused his position as to
render his continuance as member detrimental to the inter-
ests of the Board or of the general public or is otherwise unfit
to continue as member:
173
Disqualifi-
cation for
appointment
as a member
of the Board.
Term of
office and
conditions
of service
of Vice-
Chairman
and other
members.
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter IL—Establishment of the Board.—Sections 6, 7.)
Provided that no person shall be so removed from office unless he has
been given an opportunity to show cause against such removal.
6. A person shall be disqualified for being appointed for continuing
as the Vice-Chairman or a member of the Board, if he—
(a) is of unsound mind,
(b) is an uncertificated bankrupt or an undischarged insolvent,
(c) has directly or indirectly by himself or by any partner, any share
or interest in any contract or employment, as the case may be,
with, by or on behalf of, the Board, or
(d) is a Director, Secretary, Manager or other salaried officer of any
incorporated company which has any share or interest in any
contract or employment, as the case may be, with, by or on
behalf of, the Board, or
(e) has been or is convicted of any offence involving moral •
turpitude:
Provided that a person shall not be disqualified under clause (c) or
clause (d) or be deemed to have any share or interest in any incorporated
company which has any share or interest in any contract or employment,
as the case may be, with, by or on behalf of, the Board, by reason only of
his being a shareholder of such company if such person discloses to the
State Government the nature and extent of the shares held by him.
7. (/)The Vice-Chairman and every other member not being an
ex-officio member shall hold office for a period of three years from the
date of his appointment as Vice-Chairman or, as the case may be, other
member:
Provided that the State Government may extend the said period by a
further period not exceeding one year:
Provided further that after the expiry of the period of his appointment
a person shall, unless disqualified, be eligible for re-appointment as Vice-
Chairman or other member.
(2) Every member shall receive such allowances as may be prescribed.
(3) The Vice-Chairman may hold office in an honorary capacity or
on payment of remuneration. Such remuneration and all other terms
and conditions of service shall be such as may be prescribed.
(4) The allowances to the members and the remuneration, if any, to
the Vice-Chairman shall be paid from the fund of the Board.
174
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter 11.—Establishment of the Board.—Sections 8-13 .)
8. If a member,—
(a) tenders his resignation in writing to the State Government, or
(b) is absent without the permission of the Board from all the
meetings of the Board for a period of three successive
months,
he shall cease to be a member.
9. Any vacancy of a member shall be filled as early as practicable: Filling of
vacancies.
Provided that during any such vacancy the other members may act, as
if no vacancy had occurred.
10. No disqualification or defect in the appointment of any person
acting as Vice-Chairman or other member shall be deemed to violate any
act or proceeding of the Board, if such act or proceeding is otherwise in
accordance with the provisions of this Act.
11. If any member including the Vice-Chairman is by infirmity or
otherwise rendered temporarily incapable of carrying out his duties or
is absent on leave or otherwise, not involving the vacation of his
appointment, the State Government may appoint another person to
officiate for him and carry out his functions under this Act or any rule or
regulation made thereunder.
12. (1) The Board shall have a Housing Commissioner, who shall be
the Chief Executive and one or more Assistant Housing Commissioners,
and such other officers and employees as the Board may consider
necessary for the efficient performance of its functions.
(2) The appointment of the Housing Commissioner shall be made
by the State Government and the appointment of other officers and
employees of the Board shall be made by the Board:
Provided that the Board shall not appoint any officer in a scale of pay
the maximum of which exceeds two thousand rupees a month, without
obtaining the previous sanction of the State Government.
13. (1) The Board shall take over and employ such staff of the State Employment
Govemmqnt in the Housing and other Departments as the State Govern- c'thfessatfafted
ment may make available and every person so taken over and employed Government.
shall be subject to the provisions of this Act and the regulations made
thereunder:
Provided that during the period of such employment all matters
relating to the pay, allowances, leave, retirement, pensions, provident
fund and all other terms and conditions of service of the members of the
said staff shall be regulated by the West Bengal Service Rules or such
Cessation of
membership.
Proceedings
presumed to
be good and
valid.
Temporary
absence of
members.
Officers and
other staff.
175
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter 11.—Establishment of the Board.—Sections 14, 15.)
other rules on the subject as may from time to time be made by the State
Government.
(2) All permanent Government servants taken over and employed
by the Board under sub-section (1) shall have a lien on their posts in the
service of the State Government and the period of their service under the
Board shall, on their reversion to the service of the State Government, be
counted for their promotion, increments, pension and other matters
relating to their service.
14. The Board shall meet and shall from time to time make such
arrangements with respect to the day, time, notice and adjournment of its
meetings as it thinks fit, subject to the following conditions, namely—
(a) an ordinary meeting shall be held at least once every month,
(b) the Chairman may, whenever he thinks fit, call a special meeting,
(c) the quorum for every meeting shall be five,
(d) every meeting shall be presided over by the Chairman and, in his
absence, by the Vice-Chairman and in the absence of both
Chairman and Vice-Chairman by any member chosen by the
members present,
(e) all questions at any meeting shall be decided by a majority of the
members present and in case of equality of votes, the person
presiding shall have and exercise a second or casting vote,
(f) the minutes of the proceedings of each meeting shall be recorded
in a book to be provided for the purpose.
15. (1) Every contract made by the Board shall be entered into in
such manner and in such form as may be prescribed and be signed by
the Chairman on behalf of the Board:
Provided that—
(a) no contract involving an expenditure of rupees fifty lakhs or
more shall be made without the previous sanction of the
State Government,
(b) any contract involving an expenditure up to rupees twenty
thousand may, in case of urgency, be made by the Chairman
without the previous sanction of the Board but shall be
referred to the Board at the earliest opportunity.
(2) Sub-section (1) shall apply to every variation or abandonment of
a contract as well as to an original contract.
16. Subject to any rule which the State Government may make in this
behalf, the Board may by order direct that the power to sign a contract shall
be exercisable also by the Housing Commissioner or any other officer
specified by it in the order.
Meetings of
Board.
Execution of
contract.
Delegation
of Board's
power to
sign con-
tracts.
176
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter Housing Schemes.—Sections 17, 18.)
CHAPTER III
Housing schemes
17. (1) Subject to the provisions of this Act the Board may, from
time to time, incur expenditure and undertake works for the framing and
execution of such housing schemes as it may consider necessary and
such housing schemes may include housing schemes in relation to lands
and buildings vested in or in the possession of the State Government.
(2) The State Government may, on such terms and conditions as it
may think fit to impose, entrust to the Board the framing and execution
of any housing scheme and the Board shall thereupon undertake the
framing and execution of such scheme.
(3) The Board may, on such terms and conditions as may be agreed
upon and with the previous approval of the State Government, take over
for execution any housing scheme, on behalf of a local authority or
co-operative society, or on behalf of an employer, for building houses
mainly for the residence of the employees of such local authority, co-
operative society or employer, as the case may be.
18. 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 pro-
perty necessary for the scheme;
(b) the construction and reconstruction of buildings;
(c) the sale, letting out or exchange of any property included in the
scheme;
(d) roads, drainage, water-supply, lighting, parks, playgrounds and
open spaces within a housing scheme;
(e) the reclamation or reservation of lands for markets, gardens,
schools, dispensaries, hospitals and other amenities in a
housing scheme;
(f) the letting out, management and use, of the Board premises;
(g) accommodation for any class of inhabitants;
(h) the advancing of money for the purpose of the scheme;
(i) the collection of such information and statistics as may be
necessary for successful implementation of the scheme;
(j) any other matter for which, in the opinion of the Board or the
State Government, it is expedient to make provision with a
view to providing housing accommodation and to improving
or developing of any area included in a housing scheme.
Powers and
duties of
Board to
undertake
housing
schemes.
Matters to
be provided
for by
housing
schemes.
177
Submission
of budget
to Board.
Board's
sanction
to budget.
Submission
of budget
to State
Govern-
ment for
approval.
Supplemen-
tary budget.
Publication
and execu-
tion of
housing
scheme.
Variation of
homing
schemes.
Transfer of
oPen to-space to
local autho-
rities.
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter III.—Housing Schemes.—Sections 19-25.)
19. (1) The Chairman shall, at a special meeting to be held in
the month of February in each year, lay before the Board, a budget of the
Board for the next year.
(2) Every such budget shall be prepared in such form as May be
prescribed and shall make provision for—
(i) the housing schemes which the Board proposes to execute
whether in part or in whole during the next year,
(ii) the due fulfilment of all the liabilities of the Board, and
(iii) the effieient administration of this Act, and shall contain a
statement showing the estimated receipts and expenditure on
capital and revenue accounts for the next year, and such other
particulars as may be prescribed.
20. The Board shall consider the budget laid before it and sanction it
with or without modifications.
21. (1) Every budget sanctioned by the Board shall be submitted to
the State Government for approval. At any time after the receipt of the
budget, the State Government may approve the budget as sanctioned by
the Board or return it to the Board for making such modifications therein
as the State Government may deem fit.
(2) Where a budget is returned to the Board by the State Government
for making any modifications therein, the- Board shall forthwith make
such modifications and submit the budget as so modified to the State
Government, which may then approve the same.
22. The Chairman may, at any time during the year for which a budget
has been approved by the State Government, lay before the Board a
supplementary budget and the provisions of sections 19, 20 and 21 shall
apply to such supplementary budget.
23. After the budget is approved by the State Government, the Board
shall cause the housing schemes, in respect of which provision is made in
the budget, to be published in the Official Gazette in such manner as may
be prescribed and proceed to execute such schemes.
24. The Board may at any time vary any housing schemes or any
part thereof included in the budget approved by the State Government
Provided that no such variation shall be made except with the approval
of the State Government if it involves an expenditure in excess of 10
percent of the amount as included in the budget approved by the State
Government for the execution of any housing scheme.
25. (1) When any open space for the purpose of ventilation or
recreation has been provided by the Board in executing any housing
scheme, the Board may, at its option by resolution, transfer such open
space to the local authority concerned on completion of the scheme and
178
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter 111.-dousing Schemes.—Section 26.)
thereupon such open space shall vest in and be maintained at the expense
of the local authority:
Provided that 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 foot-paths therein, and if necessary, to provide lamps
and other apparatus for lighting it.
(2) If any difference of opinion arises between the Board and the local
authority concerned in respect of any matter referred to in sub-section (1)
the matter shall be referred to the State Government whose decision
thereon shall be final.
26. (1) It shall be the duty of the Board to take necessary measures to
maintain, allot, lease and otherwise the Board premises and to collect
rent, compensation and damages in respect thereof.
(2) The Board may,—
provide technical advice to the State Government and scrutinize
projects under housing schemes when required by the State
Government to do so;
(ii) undertake research on various problems connected with housing
in general and find out in particular the economical methods
of constructing houses suited to local conditions;
(iii) undertake comprehensive surveys on problems of housing;
(iv) do all things for—
(a) unification, simplification and standardisation of building
materials;
(b) encouraging pre-fabrication and mass production of house
components;
(c) organising or undertaking the production of building materials
for residential or non-residential houses;
(d) securing a steady and sufficient supply of workmen trained in
the work of construction of buildings.
(3) Subject to such rules as may be made in this behalf the Board
may, from time to time, and for any particular area, appoint one or
more Committees, or invest any local or other authority for the purpose
of discharging such duties or performing such functions as it may
delegate to them and any such Committee or local or other authority may
discharge such duties or perform such functions with due regard to the
circumstances and requirements of that particular area.
Other duties
of the Board.
179
Power to
exempt
schemes
from provi-
sions of this
Act.
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter 111.—Housing Schemes.—Section 27.--Chapter 1V.—Acquisi-
lion and dispol and land.—Section 28.---Chapter V.—Finance,
accounts and audit.—Sections 29, 30.)
27. The State Government may, by general or special order published
in the Official Gazette, exempt any housing scheme undertaken by the
Board from all or any of the provisions of this Act subject to such
conditions, if any, as it may impose or may direct that any such provision
shall apply to such scheme with such modifications as may be specified
in the order.
CHAPTER IV
Power to
purchase or
lease by
agreement.
Acquisition and disposal of land
28. (1) Where land is needed for the purpose of a housing scheme
the Board may enter into an agreement with any person for the acquistion
by purchase, lease or exchange, of his rights and interests in such land
either wholly or in part only, on payment of compensation proportionate
to the loss or deprivation caused to the enjoyment of the land.
(2) The Board may also take steps for the compulsory acquistion of
any land or any interest therein required for the execution of a housing
scheme in the manner provided in the Land Acquisition Act, and the
acquisition of any land or any interest therein for the purposes of this Act
shall be deemed to be acquisition for a public purpose within the meaning
of the Land Acquisition Act.
CHAPTER V
Finance, accounts and audit
29. (1) Such assets and liabilities of the State Government which the
State Government may decide to transfer to the Board on such terms and-
conditions as may be prescribed shall, with effect from the date of
notification made by the State Government in this behalf, stand vested in
and transferred to, the Board.
(2) All debts and expenditure incurred, all contracts entered into and
all matters and things engaged to be done by, with or for the State
Goveniment in respect of the assets and liabilities transferred under sub-
section (1) before and up to the date of transfer shall be demed to have been
incurred, entered into or engaged to be done with or for the Board and all
suits and other legal proceedings instituted or which may be instituted by
or against the State Government in respect of such assets shall be
continued or instituted by or against the Board, as the case may be.
Board's 30. (1) The Board shall have a fund to be called the Housing Board
fund. Fund.
Transfer of
assets to the
Board.
180
The West Bengal Housing Board Act, 102.
XXXII of 1972.]
(Chapter V.—Finance, accounts and audit.—Sections 31-34.)
(2) The Board may accept grants, subventions, donations and gifts
from the Central or the State Government or a local authority or any
individual or body, whether incorporated or not, for all or any of the
purposes of this Act.
(3) The State Government shall every year make a grant to the Board
of the amount required to meet the administrative expenses of the Board
for a period of three years from the date of the constitution of the Board.
(4) All moneys received by or on behalf of the Board, all proceeds of
sale of land or any other property, all rents, betterment charges and all
interests, profits and other moneys securing to the Board shall be deposited
in the fund of the Board.
(5) Except as otherwise directed by the State Government, all moneys
and receipts specified in the foregoing provisions and forming part' f
the fund of the Board shall be deposited in the Reserve Bank of India or
in any branch of the State Bank of India or invested in such securities as
may be approved by the State Government.
(6) The bank account or any cash or security of the Board shall be.
operated or handled by such officers as may be authorised by the Board.
31. All property, fund and all other assets vested in the Board shall
be held and applied by it, subject to the provisions and for the purposes
of this Act.
32. (1) Where in the opinion of the Board, circumstances of extreme
urgetnicy have arisen it shall be lawful for the Board to make in any year,—
,(4).Jgcupping,expenditure not exceeding fifty thousand rupees, and
(b) non-recurring expenditure not exceeding two lakhs of rupees.
,-:(2)17dilicre;a1Y-j$N,W *igliPWIa under circumstances of extreme
urgency asip.nOvidnd:101$04.0Qt.imtliloa-opurt thereof indicating the
source Antn, proposed to tpendittu-bsh,Ill be made
by t~te Aoard-as soon as pir#p009, wie.;
MAYffPrOIROPrtiflICM*PillIVII0911§; andv:eitis36
t.011101inalitlkofitherP.ID . v. - (14; tki$A091§!.1011t9Msaa1494ifIclif)PAN! Mt the Board. '
ttte.;$14W,G9NIPIPPAt PIO till: 0 fl "Ail() ?if !IP
(2) The State GovemitienthatiOr&itliiiintitininadWatialibanS,1041in)
4pAr49RAvicilxrpR,s',494c90k0PiwRA i9smiAteintwitti*Ort*rs
1:#411400,4 S.WP.9,MCPPIC4PR F,IMREOPPO (-4 f)„ 111')?,7-liq •
(frIlieBbarti lii8y.frol 1)11Mt tbitinithiwi&-.Cesproviouslsanatibal Power of
deb Staid ddirthlrildntidild4libjear6411110n3n.liSi64V0flitfiS ADValld>ta Board to
borrow.
St WI VA:Witt-6E1g a§'-bray? 1S6)ptesdrilwil titOrthig Iiithitti) bolt& i ilnqi sum
required for the purposes of this Act,filifirM f00 !,) 7 1:•?)noi
Application
of the fund.
Expenditure
in case of
urgency.
r8t
Accounts
and audit.
Concurrent
and special
audits of
accounts.
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter V.—Finance, accounts and audit.—Sections 35, 36.)
(2) The rules made by the State Government for the purposes of this
section may empower the Board to borrow by the issue of debentures and
to make arrangements with bankers.
(3) All debentures issued by the Board shall be in such form as the
Board, with the sanction of the State Government, may from time to
time determine.
(4) Every debenture shall be signed by the Chairman and one other
member of the Board.
(5) Loans borrowed and debentures issued under this section may be
guaranteed by the State Government as to the repayment of principal and
the payment of interest at such rate as may be fixed by the State
Government.
35. (1) The Board shall cause to be maintained proper books of
accounts and such other books as the rules may require and shall prepare
in accordance with the rules an annual statement of accounts.
(2) The Board shall cause its account to be audited annually by an
auditor to be appointed by the State Government. The auditor so appoin-
ted shall have the right to demand the production of books, accounts,
vouchers, documents and other papers, and to inspect any of the offices
of the Board.
(3) As soon as the accounts of the Board have been audited, the Board
shall send a copy thereof together with a copy of the report of the auditor
thereon to the State Government, and shall cause the accounts to be
published in the prescribed manner and pLace copies thereof on sale at a
reasonable price.
(4)TheBoard shall comply with such directions as the State Government
may, after perusal of the report of the auditor, think fit to issue.
36. (1) Notwithstanding anything contained in section 35, the State
Government may order that there shall be a concurrent audit of the
accounts of the Board by such person as it thinks fit. The State Government
may also direct a special audit to be made by such person as it thinks fit
of the accounts of the Board relating to any particular transaction or a class
or series of transactions or to a particular period.
(2) When an order is made under sub-section (1), the Board shall
present or cause to be presented for audit such accounts and shall furnish
to the person appointed under sub-section (1) such information as the
said person may require for the purpose of audit and remedy or cause to
be remedied the defects pointed out by such person, unless they are
condoned by the State Government.
182
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter VI.—Miscellaneous.—Sections 37-39.)
CHAPTER VI
Miscellaneous
37. The Board shall, before such date and, in such form and at such Report to
interval as may be prescribed, submit to the State Government a report on Gostavteem_
such matters as may be prescribed and the State Government shall cause meet.
such report to be published in the Official Gazette.
38. The Board shall also submit to the State Government such
statistics, returns, particulars, statements, documents or papers in regard
to any proposed or existing scheme or relating to any matter or proceedings
connected with the working of the Board at such times and in such form
and manner as may be prescribed or as the State Government may from
time to time direct.
39. The Chairman or any person either generally or specially autho-
rised by the Chairman in this behalf may, with or without assistance of
workmen, enter into or upon any land, in order—
(a) to make any inspection, survey, measurement, valuation or
inquiry;
(b) to take levels;
(c) to dig or bore into the sub-soil;
(d) to set boundaries and intended lines of work;
(e) to do any other things;
when it is necessary to do so for any of the purposes of this Act or any rules
made or scheme sanctioned thereunder:
Provided that—
(i) no such entry shall be made between sunset and sunrise;
(ii) no dwelling house and no public building which is used as a
dwelling place, shall be so entered, unless with the consent of
the occupier thereof, and without giving the said occupier at
least twenty-four hours' previous written notice of the inten-
tion to make such entry;
(iii) sufficient notice shall in every instance be given to enable the
female inmates of any apartment to remove themselves to
some part of the premises where their privacy will not be
disturbed;
(iv) due regard shall always be had, so far as may be compatible with
the exigencies of the purpose for which the entry is made, to
the social and religious usages of the occupants of the premises
entered.
Power of
entry.
Other state-
ments and
returns.
183
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter VI.—Miscellaneous.—Sections 40-42.)
Notice of 40. No person shall commence any suit againt the Board or against
suit against any officer or employee of the Board or any person acting under the Board. orders of the Board, for anything done or purporting to have been done in
pursuance of this Act, without giving to the Board, officer or employee
or person two months' previous notice in writing of the intended suit and
of the cause thereof, nor after six months from the date of the act
complained of.
Valuation of 41. The Board shall at the end of every five years have a valuation of
assets and its assets and liabilities made by a valuer appointed with the approval of liabilities of
the Board, the State Government:
Provided that it shall be open to the State Government to direct a
valuation to be made at any time it may consider necessary.
Power to
42. (1) The State Government may, by notification in the 0j7icial
make rules. Gazette and subject to the condition of previous publication, make rules
fOritiffityink-Otit the lifirposa of thisrAcuri
V5titinititiithrWrichidthonitiedjtidieeibilii6nefalitYOrtlit'foilegoing yrk -1,1= h
power such rules may plOiiide fOrtilforranSVOrthe f611Mtigl3ititOk
(a) the allowances of members and remuneration an of
service of the Vice-Chairman under sectiort3,-,;4,;;
(b) the manner and form in, which contracts bc, entercd, into
under sub -section(/) of section i5;"
(c) the form of the liefinithe'Bohrdiinder
section 19 and the other particularSltebeicontained.thcrtnin;
:manner of publicatiowoflimin& sghefincs,anclockd.lio,dw
budget under section = ;P1
(e) the terms and conditions on which assets of the State Government
may be transferred to the Board under section91,'''''
(f), tdriclitiOn§StrbjCotio•Whiffthdikoalrdindy boOtWlaq sum
• undersection)84;i • ,A;ti (-)1 iSa
(g)Abe -Innitner.OfpiepamtionAttantenancc ;:ianttpublication of
•,1_ •
accounts under„sectiOn35,7.,; ,-;;;•_;
(k),illic,date before which, the:fortokrwItichuthelintenval at which
and the matters on which Irepottsshnlinbisubmitted under
sectiom 37; _ . „ „ •
in,which statistics,
yettuois„:patticuLars, §tnrpmcritsi,. cutnieNts nndyapers shall
be submitted under section 38;
(Ththcmnquet in which the BowdfltAll,bcsupersedett „and
recOnStiniteAd tind6r2Seai6n-$2;'('' " rf; io "411
anr-otner Tatter yotcnts to hp, or may be proscooca under this
Act.
I
12:47.1r1ifY;
14
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter VI.—Miscellaneous.—Sections 43-46.)
43. (1) The Board may time to time, with the previous sanction of the
State Government, make regulations consistent with this Act and with any
rules made under this Act.
(2) Such regulations may provide for—
(a) the management and use of buildings constructed under any
housing scheme;
(b) the principles to be followed in allotment of tenements and
premises;
(c) regulating its procedure and the disposal of its business.
(3) If it appears to the State Government that it is necessary or desi-
rable for carrying out the purposes of this Act to make any regulation in
respect of matters specified in sub-section (2) or to amend any regulation
made under that sub-section, it may call upon the Board to make such
regulation or amendment within such time as it may specify . If the Board
fails to make such regulation or amendment within the time specified,
the State Government may itself make such regulation or amendment and
the regulation or the amendment so made shall be deemed to have been
made by the Board under sub-section (1).
44. (1) The Board may, with the previous sanction of the State
Government, make by-laws, not inconsistent with this Act and rules
which may be necessary or expedient for the purpose of carrying out its
duties and functions under this Act.
(2) A by-law made under this section may provide that a contraven-
tion thereof shall be an offence.
(3) All by-laws made under this section shall be published in the
Official Gazette.
45. Whoever contravenes a by-law made under section 44 shall, on
conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to one thousand rupees or
with both.
46. If any person—
(a) obstructs, or molests any person with whom the Board has
entered into a contract, in the performance or execution of his
duty or of anything which he is empowered or required to do
under this Act, or
(b) removes any mark set up for the purpose of indicating any level
or direction necessary to the execution of works authorised
under this Act,
he shall, on conviction, be punished with imprisonment for a term which
may extend to three months or with fine which may extend to five hundred
rupees or with both.
Regulations.
Power to
make by-
laWs.
Penalty for
contravention
of by-laws.
Penalty for
obstructing,
etc.
185
The West Bengal Housing Board Act, 1972.
[West Ben. Act
(Chapter VI.—Miscellaneous.--Sections 47-52.)
Authority 47. Unless otherwise expressly provided no Court shall take cogni- for prosecut- zance of any offence punishable under this Act except on the complaint ion. of, or upon information received from, the Board or some person autho-
rised by the Board by general or special order in this behalf.
Members, 48. All members„ officers and employees of the Board shall be
officers and deemed, when acting or purporting to act in pursuance of any of the employees o f the Board provisions of this Act, to be public servants within the meaning of section 45 of 1860.
to be public 21 of the Indian Penal Code.
servants.
Protection of 49. No suit, prosecution or other legal proceedings shall lie against any action taken person for anything which is in good faith done or purported to be done under this
act. under this Act.
Power of
State
Government
to give
direction to
Board.
Power to
order
.inquires.
Default in
performance
of duty.
50. The State Government may give the Board such directions as in
its opinion are necessary or expedient for carying out the purposes of
this Act. It shall be the duty of the Board to comply with such directions.
51. (1) The State Government with a view to satisfying itself that the
powers and duties of the Board are being exercised and performed
properly, may, at any time, appoint any person or persons to make
inquiries into all or any of the activities of the Board in such manner as
may be prescribed and to report to the State Government the result of
such inquiries.
(2) The Board shall give to the person or persons so appointed all
facilities for the proper conduct of the inquiries and shall produce before
the person or persons any document, account or information in the
possession of the Board, which such person or persons demand for the
purposes of the inquiries.
52. (1) If the State Government is satisfied that the Board has made
default in performing any duty imposed on it by or under this Act, it may
fix a period for the performance of that duty.
(2) If in the opinion of the State Government the Board fails or neg-
lects to perform such duty within the period so fixed for its performance,
it shall be lawful for the State Government, to supersede and reconstitute
the Board in the manner as may be prescribed.
(3) After the supersession of the Board and until it is reconstituted the
powers, duties and functions of the Board under this Act shall be carried
on by the State Government or by such officer or officers as the State
Government may appoint for this purpose.
186
The West Bengal Housing Board Act, 1972.
XXXII of 1972.]
(Chapter VI.—Miscellanotts.—Section 53.)
53. (1) The State Government may, by notification in the Official
Gazette, declare that, with effect from such date as may be specified in
the notification, the Board shall be dissolved.
(2) With effect from the date specified in the notification under sub-
section (1)—
(a) all properties, funds and dues which are vested in or realizable by
the Board shall vest in and be realizable by the State
Government;
(b) all liabilities enforceable against the Board shall be enforceable
against the State Government to the extent of the properties,
funds and dues vested in and realized by the S tate Government.
(3) Nothing in this section shall affect the liability of the State
Government in respect of loans or debentures guaranteed under sub-
section (5) of section 34.
Dissolution
of the Board.
187