MEGHALAYA ACT 7 OF 1986
THE MEGHALAYA STATE HOUSING BOARD ACT, 1986.
(As passed by the Assembly)
[Received the assent of the Governor on the Twenty-seventh May, 1986]
(Published in the Gazette of Meghalaya, Extraordinary, dated 2nd June, 1986)
Arrangements of Sections
CHAPTER I
Preliminary
Sections:
1. Short title and commencement.
2. Definitions.
CHAPTER II
Sections:
Establishment of the Board.
3. Constitution of the Board.
4. Members of the Board.
5. Disqualification for appointment as a member of the Board.
6. Terms of office and conditions of Service of the Chairman, Members.
7. Registration of Chairman and members.
8. Filling up of vacancies.
9. Appointment of Officers and staff of the Board.
10. Appointment of Committees.
11. Meeting of the Board.
12. Temporary association of persons with the Board for particular purposes.
13. Execution of Contracts.
CHAPTER II
Housing Schemes.
14. Powers and duties of the Board to undertake Housing Schemes.
15. Matters to be provided for by Housing Schemes.
16. Types of Housing or Improvement Schemes.
17. Placing of Budget before the Board.
18. Submission of Budget to Government.
19. Supplementary Budget.
20. Publication of Sanctioned Schemes.
21. Variation of Housing Schemes.
22. Vesting of road or land of a local authority or District Council in the Board.
23. Power of the Board to divert or close any public road vested in it
24. Vesting or road, open space, etc, for public purposes.
25. Other duties of the Board.
26. Mode of disposal of Housing Units.
27. Maintenance of Housing Units not disposal of.
CHAPTER IV
Acquisition and Disposal of Land
28. Power to purchase or lease by agreement.
29. Power to evict person from Board’s premises.
30. Power to recover rent, loan or damages as arrears of land revenue.
Sections:
31. Appeal.
32. Rent to be recovered by deduction from salary or wages in certain cases.\
CHAPTER IV
Acquisition and Disposal of Land
33. Board’s Fund.
34. Application of the Land.
35. Subvention and loans to the Board.
36. Power of the Board to borrow.
37. Guarantee by the Government.
38. Form of debentures.
39. Expenditure in case of urgency.
40. Accounts and Audit.
41. Concurrent and special Audit of Accounts.
CHAPTER IV
Acquisition and Disposal of Land
42. Reports.
43. Other Statements and returns.
44. Power of entry.
45. Valuation of assets and liabilities of the Board.
46. Power of the Board to construct buildings.
47. Government power to give direction to the Board.
48. Power to order enquiries.
49. Default in performance of duties and supersession.
50. Dissolution of the Board.
51. Act not to contravene Meghalaya Act I of 1971.
52. Power to make Rules.
53. Power to make Regulations.
54. Power to make Bye-Laws.
55. Penalty for contravention of bye-laws.
56. Authority for prosecution.
57. Members, Officers and employees of Board to be public servants.
58. Protection of action taken under the Act.
59. Penalty for obstructing exercise of powers under Chapters III, IV and V.
60. Repeal of Ordinance 1 of 1986.
THE MEGHALAYA STATE HOUSING BOARD ACT, 1986
An
Act
to provide for the constitution and regulation of Housing Board for Meghalaya for the purpose
of taking measures to deal with need for housing accommodation and to deal with the
need for housing accommodation and for matters connected therewith.
Be it enacted by the Legislature of Meghalaya in the Thirty-Seventh Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
Short title, extend and
commencement.
1. (1) This Act may be called the Meghalaya State Housing Board Act,
1986.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall be deemed to have come into force 24th day of January,
1986.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) “Board” means the Meghalaya State Housing Board constituted
under Section 3;
(b) “Board Premises” means any premises belonging to or taken on
lease by or on behalf of the Board or vested in or entrusted to or
in possession or under the control of the Board under this Act;
(c) “Competent Authority” means any person or authority authorised
by the Government, by notification, to perform the functions of
the Competent authority under this act for such areas as may be
specified the notification;
(d) “Chairman” means the Chairman of the Board;
(e) “Government” means the State Government of Meghalaya.
(f) “Housing Scheme” means Housing Scheme made under this act;
the rules and regulations framed thereunder.
(g) “Local Authority” includes a Town Committee established under
a District Council.
(h) “Member” means prescribed by rules made under this Act;
(i) “Prescribed” means prescribed by rules made under this Act;
(j) ‘promises’ means any land or building or part of a building and
includes:-
(i) the garden, grounds and our houses, if any ,apartment to
such building or part of a building, and
(ii) any fitting affixed to such building or part of a building
for the more beneficial enjoyment thereof;
(k) “Rules” means rules made under this Act;
(l) “Regulation” means Regulation made under this Act;
(m) “Section” means a Section of this Act.
CHAPTER II
ESTABLISHMENT OF THE BOARD
Constitution of the
Board.
3. (1) The Government may, by notification for the purposes of this act,
establish a Board by the name of the Meghalaya State Housing Board.
(2) The Board shall be a body corporate having perpetual succession
and a common seal with power, subject to the provisions of this Act
to acquire hold and dispose of property both movable and immovable
and enter into contract and may, by the said name, sue and be sued.
Members of the Board. 4. (1) The Board shall consist of a Chairman, who shall be appointed by
the Government, and the following members, namely.-
Official members:-
(a) Secretary, Housing or his nominee not below the rank of a
Deputy Secretary (Housing).
(b) Secretary, Finance or his representative not below the rank of
a Joint Secretary;
(c) Chief Engineer, P.W.D. or his representative not below the
rank of a Superintending Engineer;
(d) Director of Housing;
(e) Housing Commissioner, who shall be the Member-Secretary.
Explanation-For the purpose of clauses (a) and (b) “Secretary”
includes Special Secretary.
Non-Official members:-
(f) Three non-official members to be appointed by the
Government.
(2) The Government may, by notification, remove from office
the Chairman or any other member.
Disqualification for
appointment as a
member of the Board.
6. Save as otherwise provided in this Act, a person shall be
disqualified for being appointed or continuing as the Chairman or
member of the Board, if he,-
(a) holds any office of profit under the Board;
(b) is of unsound mind;
(c) is an undischarged insolvent;
(d) has directly or indirectly any share or interest in any contract
or employment with, by or on behalf of the Board.
(e) has been convicted by a court of any offence involving moral
turpitude or convinced of economic offence;
(f) is a Director, Secretary, Manager or a salaried officer of any
company which has any share or interest in any contract or
employment with, by or on behalf of, the Board.
Explanation-
A person shall not be deemed to have any share or interest in any
company within the meaning of clause (d) or (f) of the section only by reason
of his having, or the company in which he is a Director, Secretary, Manager or
a salaried officer is having a share or interest in any newspaper in which any
advertisement relating to the affairs of the Board is inserted.
Terms of office and
Conditions of Service
of the Chairman and
members.
6. (1) The Chairman and every non-official member shall hold office for
a period of two years from date of appointment but shall be eligible
for re-appointment as such Chairman or Member.
(2) The Chairman shall receive such remuneration and the non-
official members such travelling allowances and daily allowances as
may be prescribed.
Resignation of
Chairman and
members.
7. The Chairman or any non-official member may resign his office by
tendering his resignation to the Government but shall continue to
remain in office until his resignation is accepted.
Filling up of vacancies. 8. In the event of any vacancy occurring in the membership of the
Board, the vacancy shall be filled up, as soon as may be , by
appointment of a new member who shall hold office for the unexpired
term of his predecessor.
Appointment of Officer
and staff of the Board.
9. (1) The Government shall appoint a Housing Commission and other
officers of the Board the maximum of whose scale of pay is Rs.1,650
per mensem and above and their salary, qualification and other
conditions or service shall be such as may be prescribed.
(2) The Board shall appoint other officers and staff as it may consider
necessary for efficient functioning of the Board.
Appointment of
Committee.
10. Subject to the Rules made under this Act, the Board may from time to
time and for any local area, district or Subdivision appoint one or
more committees for the purpose of discharging such duties and
functions as may be entrusted by the Board.
Meetings of the Board. 11. (1) The Board shall meet at least six times in a year to transact its
business and a period of more than two months shall not lapse
between two consecutive ordinary meetings of the Board.
(2) For transacting urgent business the Chairman may convene special
meetings of the Board.
(3) Business at the meeting of the Board, shall be transacted in
accordance with such regulations as the Board may make in that
behalf subject to the following conditions, namely:-
(a) the quorum of ordinary or special meetings shall be one-third
of the total membership including the Chairman;
(b) every meeting shall be presided over by the Chairman and in
his absence, by any members present at the meeting.
(c) if at any special or ordinary meeting of the Board there is no
quorum, the person presiding over the meeting shall adjourn
the meeting to any other day, not being later than 7 days from
the date of adjournment and no quorum shall be necessary for
such adjourned meeting; and
(d) all question at any meeting shall be decided by a majority of
votes of the members present and voting, other than the
persons presiding who shall have and exercise a casting voter
only in case of a tie.
(4) No act or proceedings of the Board shall be merely by reason of
the existence of any vacancy in the membership of the Board.
Temporary association
of persons with the
Board for particular
purposes.
12. (1) The Board may, for any particular purpose, temporarily associate
with itself any person whose assistance or advice it desires provided
that the number of such persons shall not, at any time be more than
three.
(2) a person so associated with the Board may taken part in the
deliberations of the Board meeting but shall have no right to vote.
(3) The Government may send its representative in addition to those
who are members of the board to attend any meeting of the Board and
to take part in any deliberation of the Board meeting but such
representatives shall have no right to vote.
Execution of contracts. 13. Subject to the previous approval of the Board in each case, all
contracts and agreements for and on behalf of the Board shall be
executed by the Housing Commissioner.
CHAPTER III
HOUSING SCHEMES
Powers and duties of
the Board to undertake
Housing Schemes.
14. (1) The Board may frame Housing Schemes and execute works and
incur expenditure in connection therewith on such terms and
conditions as the Government may direct.
(2) The board may, subject to approval of the Government undertake
and execute any housing scheme on behalf of a District Council,
Local authority, Co-operative Society or any Organisation or
Association for providing residences to their employees..
Matters to be provided
for by Housing
Schemes.
15. (1) A Housing Schemes may provided for all or any of the following
matters; namely:-
(a) acquisition by purchase, exchange or otherwise of land or
any property necessary for the execution of the Scheme;
(b) laying or relaying out of any land comprised in the Scheme;
(c) closure or demolition of dwellings or portions thereof unfit
for human habitat on within land owned or controlled by the
Board;
(d) demolition of obstructive buildings or portion thereof within
land owned or controlled by the Board.
(e) Construction of buildings within land owned or controlled by
the Board.
(f) Sell, letting go out or exchange of any property comprised in
the Scheme;
(g) Construction and alteration of roads or lanes within the land
owned or controlled by the Board.
(h) Letting out, management and use of the Board premises or
property owned or controlled by the Board;
(i) Provisions of accommodation for inhabitants;
(j) necessary amenities and services to Housing Colonies owned
by the Board;
(k) 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 for the improvement and
development of any are comprised in the Scheme.
(2) No Housing Scheme under sub-section (1) shall be made for any
area for which an improvement Scheme has already been sanctioned by the
Government under any enactment for the time being in force nor shall such
scheme contain anything which is inconsistent with any of the matters
included in a Town Planning Scheme of the Government made under any law
for the time being in force.
Types of Housing or
Improvement Schemes.
16. A Housing or Improvement Scheme shall be one or a combination of
any two or more of the following types or adaptation of any features
thereof, namely:-
(a) a house accommodation scheme;
(b) a building scheme;
(c) a rehabilitation housing scheme;
(d) a city or town or village expansion scheme;
(e) a road construction or development scheme;
(f) a land development scheme;
(g) a site development and services scheme.
Placing of Budget
before of Board.
17. (1) The Chairman shall, at a special meeting to be held in the month
of January each year, lay before the Board the Budget for the next
financial year.
(2) The Budget shall be prepared in such form as may be prescribed
and shall,-
(a) include the housing schemes which the Board proposes to execute
in whole or in part;
(b) indicate fulfilment of all the liabilities of the Board; and
(c) contain a statement showing the estimated receipts and
expenditure on capital and revenue accounts and such other
particulars as may be prescribed.
(3) The Board shall consider the Budget laid before it and approve it
with or without modification.
Submission of Budget
to Government.
18. (1) The Budget approved by the Board under Section 17 shall be
submitted to the Government for approval and the Government may
approve it or return it back to the Board for making such modification
as the Government may direct.
(2) When the Budget is returned to the Board by the Government for
making any modification, the Board shall make the modification and
re-submit the Budget so modified to the Government for proposal.
Supplementary Budget. 19. The Chairman may, at any time during the year for which the Budget
has been approved by the Government, lay before the Board a
Supplementary Budget and the provisions of Sections 17 and 18 shall
apply to such Budget.
Publication of
sanctioned Schemes.
20. After the Budget is approved by the Government, the Board shall
cause the Housing Schemes in respect of which provisions has been
made in the Budget, to be published in the Officials Gazette and in
local papers in such manner as may be prescribed.
Variation of Housing
Scheme.
21. The Board may alter a Housing Scheme or any part thereof included
in the Budget as approved by the Government, provided that no
alteration shall be made if it involves an expenditure in excess of 10
percent of the amount allocated for that particular scheme in the
Budget or if it effects the scope or purpose of such Scheme.
Vesting of road or of a
local authority or
District Council in the
Board.
22. (1) Whenever any road, land or any part thereof situated in any area
within a local authority or District Council of vested in a local
authority or District Council in required for the purpose of any
programme of Housing Scheme, the Board shall move the local
authority or District Council as the case may be for vesting of the
road, land or any part thereof in the Board.
(2) Where the local authority or District Council agrees to the vesting
of such road, land or any part thereof in the Board , the same shall
vest in the Board according to such terms and conditions as may be
agreed upon.
(3) Where the local authority or District Council does not agree or
fails to agree to the Boards proposal, the Board shall refer the matter
to the Government for decisions.
Power of the Board to
divert or close any
public road vested in it.
23. (1) The board may for the purpose of carrying out any programme of
any Housing Scheme and after public notice is given, divert the public
use of, or close any road or part thereof vested in the Board.
(2) Whenever the Board closes the public use of any road or any part
thereof vested in it, it shall provide some other alternative means of
access to those entitled to the use of such road or part thereof.
(3) No compensation whatsoever shall be paid to any person effected
by the closing of any road or part thereof vested in the Board.
Vested of road, open
space, etc. Made by the
Board in a local
authority, etc,. Public
purposes.
24. The Government may, at the request of the Board, with respect to any
road, street, lane or open space for purpose of recreation made and
developed under the housing Scheme, declare such road, street or lane
to be a public road, street or lane or an open space for public
recreation and transfer it for future improvement and maintenance to
any agency of the Government or local authority.
Other duties of the
Board.
25. (1) It shall be the duty of the Board to take measures with a view to
expedite matters and to reduce the cost of construction of building and
the Board shall, for that purpose do all things such as,-
(a) unification, simplification and standardisation of building
materials;
(b) encouraging pre-fabrication and mass production of building
components;
(c) organising or undertaking the production of building
materials required for housing scheme;
(d) encouraging research for discovering cheap building
materials and evolving new methods of economic
construction; and
(e) securing a steady and sufficient supply of work-men trained
in the work of construction of buildings.
(2) The Board may provide technical advice to the Government and
scrutinise projects under Housing Scheme as when required by the
Government so to do.
(3) The board may undertake research on various problems connected
with housing in general and in particular to find out the economical
method of constructing houses suited to local conditions and to
undertake comprehensive surveys of problems of housing.
Mode of disposal of
Housing Units.
26. All buildings constructed by the Board shall be disposed of by the
board by letting out, lease, sale or hire purchase or otherwise.
Maintenance of
Housing Units of
disposed of.
27. In case of rental buildings or Housing Units which cannot be disposed
of immediately, the Board shall be responsible for their maintenance.
CHAPTER IV
ACQUISITION AND DISPOSAL OF LAND
Power to purchase or
lease by agreement.
28. (1) The Board may enter into an agreement with any person for the
acquisition by purchase, lease, exchange or otherwise of any land or
any interests therein which is needed for the purpose of Housing
Schemes and such agreement may provide for compensation the
owners thereof.
Power to evict person 29. Notwithstanding anything to the contrary containing in any other law
for the time being in force, if the competent authority is satisfied-
(a) that the person authorised to occupy any Board premises-
(i) has not paid rent lawfully due from him in respect of the
premises for a period of more than two months, or
(ii) has sublet without the permissions of the Board the whole or
any part of the premises, or
(iii) has otherwise acted in contravention of any of the terms and
conditions under which he is authorised to occupy such
premises, or
(b) that any person is in unauthorised occupation of any Board premises,
the competent authority may, by notice served upon the person or persons
in occupation of the premises by registered post or otherwise or by
affixing a copy of the notice on the outer door or some other conspicuous
part of the premises, order that the person as well as any other person who
may be in occupation of the whole or any part of the said premises vacate
them within one month from the date of the service of the notice.
(2) Before an order under sub-section (1) is made against any person,
the competent authority shall inform the person by notice in writing of the
grounds on which the proposed order is to be made and give him a
reasonable opportunity of tendering an explanation and producing
evidence, if any, and to show cause why such order should not be made
within a period to be specified in the notice.
(3) The competent authority may, on application and for sufficient cause
shown, grant extension of the period specified in the notice served under
sub-sections (1) or (2) as it deems fit.
(4) Any written statement put in by such person and documents produced
in pursuance of such notice shall be filed with the records of the case, and
such person shall be entitled to appear in the proceedings either in person
or by an authorised agent or by a pleader.
(5) If any person refuses or fails to comply with the order made
under sub-section (1), the competent authority may evict that person
from and take possession of the premises and may, for that purposes, use
such force as may be necessary.
(6) If any person who has been ordered to vacate any premises
under sub-clauses (i) or (iii) of clause (a) of sub-section (l) within one
month of the date of service of the notice or such longer time as the
competent authority may allow, pays to the Board the rent in areas or
carries out or otherwise complies with the terms and conditions
contravened by him to the satisfaction of the competent authority, the
competent authority shall, in lieu of eviction of such person under the
section, cancel its order made under sub-section (1) and thereupon such
person shall hold the premises on the same terms and conditions on
which he held them immediately before such notice was served on him.
Explanation:
For the purpose of this Section and Sections 30 the expression
“Un-authorised Occupation” in relation to any person authorised to
occupy any Board premises includes the continuance in occupation by
him or by any person claiming through or under him beyond the period
of authorised occupation.
Power to recover
rent, loan or
damages as arrears.
30. (1) Subject to rules made by the Government in this behalf and
without prejudice to the provisions of section 29, where any person is in
arrears of rent payable in respect of any Board premises, or is in arrears
of repayment of any loan or interest under any Housing Scheme, the
competent authority may, by notice served in the manner laid down in
sub-section (1) of Section 29, order that person to pay the same within
such time not being less than fifteen days as may be specified in the
notice. If such person refuses or fails to pay the arrears of rent, loan or
interest, as the case may be, within the time specified in the notice, such
arrears may be recoverable from him as an arrears of land revenue.
(2) Where any person is in unauthorised occupation of any Board
premises, the competent authority may, in the prescribed manner, asses
the damages on account of the use and occupation of the premises and
may, by notice served-
(a) by registered post or otherwise, or
(b) by affixing a copy of the notice on the outer day or some other
conspicuous part of such premises, or
(c) in such other manner as may be prescribed,
order that person to pay the damage within such time as may be
specified in the notice. If any person refuses or fails to pay the damages
within the time specified in the notice, the damages shall be recoverable
from him as arrears of land revenue.
(3) No order under sub-section (2) shall be made against any person
until after the issue of a notice in writing to the person calling on him
to show cause within such period as may be specified in such notice,
why such order should not be made and until his objections, if any,
and any evidence he may produce in support of the same have been
considered by the competent authority.
Appeal. 31. Any person aggrieved by an order of the competent authority either
under Section 29 or 30 may, within one month from the date of service
of such order, prefer an appeal to the Meghalaya Board of Revenue:
Provided that the Board of Revenue may entertain the appeal after
the expiry of the said period of one month, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time.
Rent to be recovered
by deduction from
salary or wages in
certain cases.
32. (1) Without prejudice to the provision of Section 29 or 30, where any
person who is an employee of the Central or State Government , a
Local Authority, District Council or of a Private Employer has been
allotted with any Board premises he may execute an agreement in
favour of the Board to the effect that the Central or State Government,
the Local authority, District Council or Private Employer, as the case
may be, under or by whom he is employed, shall be competent to
deduct from that salary or wages payable to him such amount as may
be specified in the agreement and to pay the amount so deducted to the
Board in satisfaction of the rent due from him in respect of the Board
Premises allotted in him.
(2) On the execution of such agreement, the Central or State
Government, the Local Authority, District Council or Private
Employer as the case may be, shall, if so required by the Board by
requisition in writing, make the deduction of the amount specified in
the requisition in accordance with the agreement and pay the amount
so deducted to the Board.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
Board’s fund. 33. (1) The Board shall have is own fund called the Housing Board Fund
into which shall be credited all money received-
(a) by way of grants, subdivision, donation and gifts from the
Central Government or any State Government, Local
Authority, District Council or anybody or individual for all or
any of the purposes of this Act; and
(b) by or on behalf of the Board under the provisions of this Act
as well as all proceeds from the sale of land or any other kind
of property of the Boards, all rents, interests, profits, and
other moneys accruing to the Board.
(2) Except as otherwise directed by the Government, the Board may
deposit its funds in one or more Banks or invest them in Securities, or
partly in one and partly in the other;
Provided that in case of investment in securities, the same shall
be done only with prior approval of the Government.
(3) The accounts of the Board shall be operated upon by such
officers as may be authorised by the Board by a general or special
order.
Application of the
fund.
34. All properties, funds and other assets of the board shall be held and
applied by it, subject to the provisions and for the purposes of this
Act.
Subvention and loans
to the Board.
35. The Government may, from time to time, make subventions or
advance loans to the Board for the purposes of this Act on such terms
and conditions as the Government may determine.
Power of the Board to
borrow.
36. (1) Subject to the provisions of this Act and with the previous
approval of the Government, the Board may, from time to time,
borrow money required for the purposes of this Act from the public or
from any corporation owned or controlled by the Central or any State
Government.
(2) Whenever the borrowing of any sum of money has been
approved by the Government, the Board may, instead of borrowing
such sums or any part thereof from the public, take credit from any
bank or any financial institution owned or controlled by the Central or
any State Government on a cash account to be kept in the name of the
Board and may with the previous sanction of the Government,
mortgage all or any of the properties vested in the Board as security
for such credit.
(3) Subject to such conditions and limitations as may be prescribed
and with the previous approval of the Government , the Board may,
for the promotion and execution of any Housing Scheme, enter into
financial arrangement with the Life insurance Corporation of India,
any Bank or other financial institutions approved by the Government.
(4) Subject to the provisions of this Act and such conditions and
limitations as may be prescribed, the Board may, out its funds, grant
loans and advances on such terms and conditions as it may determine,
to any co-operative society registered under the Meghalaya Co-
operative Society Act or to any other person for the construction of
houses.
Guarantee by the
Government.
37. The Government may guarantee may guarantee in such manner and
subject to such conditions as it may think fit, the repayment of the
principal including interest of any loan borrowed and debentures
issued by the Board.
Forms of debentures. 38. (1) Whenever money is borrowed by the Board by issue of
debentures, the debentures shall be in such form as the Board may,
with the previous sanction of the Government, specify.
(2) All debentures issued by the Board shall be signed by the
Chairman and the Housing Commissioner of the Board.
Expenditure in case of
urgency.
39. (1) Where, in the opinion of the Board, circumstances of urgency
have arisen, the Board may incur in any year recurring expenditure
not exceeding rupees fifty thousands and non-recurring expenditure
not exceeding rupees two lakhs notwithstanding that such expenditure
has not been included in the Budget approved by the Government.
(2) Where any expenditure is incurred under sub-section (1), a report
thereon, indicating the source from which the expenditure was made,
shall be sent, as soon as practicable, to the Government for approval.
Accounts and Audit. 40. (1) The Board shall cause to be maintained proper books of accounts
and such other records as the rules may require and shall prepare in
accordance with the rules a statement of accounts for each financial
year.
(2) The accounts of the Board shall be audited once a year by
authorised auditors (Chartered Accountants) to be appointed by the
Board.
(3) As soon as the accounts of the Board have been audited the Board
shall send a copy thereof together with a copy of the auditors to the
Government and shall cause the accounts to be published in the
official Gazette not later than four months after 31st March every year.
(4) The Board shall comply with such directions as the Government
may, after perusal of the report of the auditor, think fit to issue.
Concurrent and Special
Audit of Accounts.
41. (1) Notwithstanding anything contained in Section 40, the
Government may order that there shall be a concurrent audit of the
accounts of the Board by such person as it thinks fit. The Government
may also direct special audit of the Accounts of the board relating to
any particular transaction or a class or series of transactions or to a
particular period.
(2) When an order is made under sub-section (1), the Board shall
present or cause to be presented for audit such accounts and shall
furnish to the person appointed under sub-section (1) such
information as the said person may require for the purpose of audit.
CHAPTER VI
MISCELLANEOUS
Reports. 42. The Board shall, on such, date and in such form and at such intervals
as may be prescribed, submit to the Government a report on such
matters as may be required and the Government shall cause such
report to be published in the official Gazette and every such report
shall be laid before the House of the State Legislature as soon as may
be after it is published.
Other Statements and
returns.
43. The Board shall submit to the Government such statistics, returns,
particulars, statements; documents or papers in regard to any
proposed or existing scheme or relating to any matter or proceedings
connected with the working of the Board at such times and in such
forms and manner as may be prescribed or as the Government may,
from time to time, direct.
Power of entry. 44. The Chairman or any person, either generally or specially authorised
by the Chairman in this behalf, may enter upon the Board’s own land
or in any land with prior consent of its owner or person in occupation
of the land, in order to-
(a) make any inspection, survey, measurement, valuation or
enquiry.
(b) cut, dig or bore into sub-soils;
(c) set boundaries and intended lines or work;
(d) do any other think for any of the purposes of Housing Scheme
under this Act;
Provided that-
(a) no such entry shall be make between sunset and sunrise;
(b) sufficient notice shall be given for any entry;
(c) no dwelling house and no public building which is used as a
dwelling place shall be so entered except with the consent of
the occupier thereof, and without giving the said occupier
atleast twenty-four hours previous written notice of the
intention to make such entry;
(d) due regard shall be given, so far as may be compatible with
the exigencies of the purposes for which the entry is made, to
the social and religious usages of the occupants of the
premises entered.
Valuation of assets and
liabilities of the Board.
45. The Board shall at the end of every five years, make a valuation of its
assets and liabilities and may appoint a person approved by the
Government for this purpose;
Provided that the Government may direct a valuation to be made
at any time it may consider necessary.
Power of the Board to
construct buildings.
46. Notwithstanding anything contained in this Act, the board may
undertake construction of buildings on behalf of the Government, a
Local Authority, District Council or a Corporation or Undertaking
owned or controlled by the Government or a Co-operative Society
registered under the Meghalaya Co-operative Societies Act, subject to
such terms and conditions as may be agreed upon in pursuance of a
contract.
Government’s power to
give direction to the
Board.
47. The Government may give the Board such directions as in its opinion
are necessary or expedient to carry out the purposes of this Act and
the Board shall comply with such directions.
Power to order
enquiries.
48. (1) The Government with a view to satisfy itself that the powers and
duties of the Board are being exercised and performed properly may,
at any time, appoint any person or persons to make enquiries into all
or any of the activities of the Board and to report to the Government
the result of such enquiries.
(2) The Board shall give to the persons so appointed all facilities for
the proper conduct of enquiries and shall produce before the person or
persons all documents, books of account and other information in the
possession of the board which such person or persons may call for the
purposes of the enquiries.
Default in performance
of duties and
supersession.
49. (1) If the Government is satisfied that the Board has defaulted in
performing any duty imposed on it by or under this Act, it may fix a
period for the performance of that duty.
(2) If in the opinion of the Government the Board fails or neglects to
perform such duty within the period so fixed it shall be lawful for the
Government to supersede and reconstitute the Board in the prescribed
manner.
(3) On supersession of the Board and until it is re-constituted the
powers, duties and functions of the Board shall be carried out by the
Government or by such Officer or Officers as it may appoint for this
purpose.
Dissolution of the
Board.
50. (1) The Government, if it is satisfied that in public interest it is
necessary so to do, may, by notification in the Official Gazette,
dissolve the Board with effect from such date as it may specify and
the Board shall stand dissolved accordingly.
(2) On the dissolution of the Board under sub-section (1)-
(a) all properties, funds, interests and rights which vest in the
board shall vest in the Government; and
(b) all liabilities enforceable against the board shall be
enforceable against the Government.
(3) Nothing in this section shall effect the liability of the Government
in respect of loans or debentures guaranteed under Section 37.
(4) Every notification made under sub-section (1) shall be laid before
the House of the State Legislature as soon as may be.
Act not to contravene
Meghalaya Act I of
1971.
51. No land or building or any interest therein vested in the Board or in
any person under the provisions of this Act or under the Rules,
Regulations or Bye-Laws made thereunder shall be leased out, sold,
exchanged or otherwise transferred by the Board or by such person in
contravention of the Meghalaya Transfer of Land (Regulation) Act,
1971 as amended.
Power to make rules. 52. (1) The Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such Rules may be made for all or any of the
following matters, namely:-
(a) the allowances of members and remuneration and conditions of
service of the Chairman;
(b) the manner and form in which contracts shall be entered into;
(c) application forms and particulars of housing schemes and terms
and conditions for grant of loan under housing scheme;
(d) the manner of publication of housing schemes included in the
Budget;
(e) the forms of notices under Sections 29 and 30;
(f) the procedure to be followed in taking possession of any board
premises under Section 29;
(g) the manner in which assessment may be made under Section 30;
(h) the manner in which appeals may be preferred under Section 31;
(i) the conditions subject to which the Board may borrow any sum
under Section 36;
(j) the manner of preparation, maintenance and publications of
accounts under Section 40;
(k) submission of reports, returns, etc., under Sections 42 and 43;
(l) the manner in which the Board shall be superseded and re-
constituted under Section 49;
(m) qualification and other conditions of service of the Housing
Commissioner and other officers of the Board whose
appointment needs prior approval of the Government;
(n) any other matter which is or may be prescribed under this Act.
Power to make
Regulations.
53. The Board may, from time to time with the previous sanction of the
Government, make regulations consistent with this Act and the rules
made thereunder-
(a) for the management, allotment and use of the buildings
tenements, hutments and premises constructed under a housing
scheme;
(b) for the remuneration and conditions of service of the officers
and employees appointed by the Board.
(c) for delegation of financial powers to the Chairman and the
Housing Commissioner and other officers;
(d) for regulating the procedure of disposal of its business.
Power to make
Byelaws.
54. (1) The Board may make bye-laws not inconsistent with this Act and
the Rules and Regulations framed thereunder, which may be
necessary or expedient for the purposes of carrying out its duties and
functions.
(2) A bye-law made under this Section may provide that a
contravention thereof shall be an offence.
(3) No bye-law made by the Board shall come into force until it has
been confirmed by the Government.
(4) All bye-laws made under this section shall be published in the
Official Gazette.
Penalty for
contravention of a bye-
law.
55. Whoever contravenes a bye-laws made under Section 54 shall, on
conviction, be punished with imprisonment for a term which may
extend up to two months or with a fine which may extend up to five
hundred rupees or with both.
Authority for
prosecution.
56. No Court shall take cognizance of any offence punishable order this
Act, except on a complaint from the Board or a person authorised by
the Board by general or special order in this behalf.
Members Officers and
employees of to be
public servants.
57. All members, officers and employees of the Board when acting or
purporting to act in pursuance of any of the provisions of this Act
shall be deemed to be public servants within the meaning of Section
21 of the Indian Penal Code.
Protection of action
taken under the Act.
58. No suit, prosecution or other legal proceedings shall lie against the
board, the Government or any person for anything which is in good
faith done or intended to be done under this Act.
Penalty for obstructing
exercise of powers
59. Any person who obstructs the lawful exercise of any power conferred
by or under Chapters III,IV and V of this Act, shall, on conviction, be
punished with a fine not exceeding five hundred rupees or with
imprisonment for a term not exceeding two months or with both.
Repeal of Ordinance 1
of 1960.
60. The Meghalaya State Housing Board Ordinance, 1986 is hereby
repealed.