Assam act 001 of 1974 : The Assam State Housing Board Act, 1972

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~... ,. .., r emuneration is to be paid to the Chairman, ~uch remu-?.r neration and other conditions of service s~all be su~h as may be prescribed.

(4) The allowances to ~he members and. the rem.u- neration, if any, to the Chairman shall be paid from the fund of the Board.

?· If a member :-

(a) becomes subject to any of the disqualifica- tions mentioned in section 6 ;

(b) tenders h is resignation in writing to the State Government, .or

(c) is absent without the permission of the Board,

he shall cease to be a member. Vecancy to be fill- 9 A . th b h' of the Board ed as early as pra- . ny vacancy in e mem ers lp cticable. shall be filled in as ~arly as practicable :

Proceedings presu-

med ·to be valid.

Provided that during any such vacancy the con-

tinuing members may act as if no vacancy had occur-

red.

10. No disqualification of, or defect in the appoint- ment, Qf any person acting as Chairman or a member of the Board shall be deem~d to vitiate any act or pro- ceeding of the Board, if such act or proceeding is other- wise in accordance with the provisions of this Act. ·Temperary absenee

of members, 11. If any member of the Board other than the Chairman is by infirmity or otherwise rendered tem- porarily 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 therem;der.

Appointment of

officers and emplo- 12. (1) The Board shall have such officers and em- yees and creation ployees as the Board may consider necessary for the of posts. efficient performance of its functions :

Provi~ed that the Board shall not appoint any

officer in the scale of pay the maximum of which

exceeds one thousand and two hundred rupees a month without obt aining the previous sanction of the State Government.

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(2) The Board shall have power to create any post on its establishment :

Provided that no new post the scale of pay: of which exceeds one thousand and two hundred rupees per month shall be created by the Board without the previous sanction of the State Government. Ccnditions of ser- 13. The remuneration and other conditions of ser- vice of officers and vice of the officers and employees of the Board shall employees. be such as may be determined by regulations. -Preparation and

maintenance of

Schedule of esta-

blishment.

General disqua-

lification of all

officers and em-

ployees.

14. Before the first day of May of every year, the Board shall prepare and maintain a schedule of esta- blishment as on the first day of April of that year showing,-

(i) the number, designations and grades and scales of pay of the officers and employees (other than the employees who are paid by the day or whose pay is charged to tempor- ary work), whom it considers necessary and proper to employ for the purposes of this Act;

(ii) the amount and nature of the salary, fees and allowances to be paid by the Board to each such officer or employee ;

(iii) the amount to b.e paid by the Board towards leave salary pension, provident fund or any other purpose in respect of each such officer or employee. ·

15. No person who has directly or indirectly ' by himself or his partner or agent any shares or interest in any cont r act, by or on behalf of the Board, other- wise than as an officer or employee thereof, shall be- come or remain an officer or employee of the Board. Appointment of 16. (1) Subject to any rules made in this behalf, Committee. the Board may from time to time appoint one or more Committees for the purpose of securing the efficient discharge of it s functions, and in particular for the purpose of securing that the E"aid functions are exer- cised with due regard to the circumstances and re- quirements of par ticular local areas.

(2) Any Committee appointed under sub-section

(1) shall meet to discharge the functions assigned to it in such manner as may be directed by the Board.

Conduct of Business Meetings _,rnoard. 17 .The Board shall meet from time to time and shall make such arrangements with respect to the d~y, time notice, management and adjournment of itf> meetings as it thinks fit, subject to the following pro- visions, namely : -

(a) an ordinary meeting shall be held once at least every two months and five members shall form the quorum ;

(b) the Chairman, may whenever he thinks fit, call special meetings ;

( c r every meeting shall be presided over by the Chairman and in his absence, by any mem- ber chosen by the meeting to preside for the occasion;

(d) all questions at any meeting shall be decided by a majority of the votes of the members present and in case of equality of votes, the person presiding shall have the right to ex- ercise a second or casting vote ;

(e) the minutes of the proceedings of each meet- ing shall be recorded in a book to be provided for the purpose.

~en_:iporary asso· 18. (1) The Board may associate with itself, any c¹:'tton ofpersons person whose assistance or advice it may desire for with Board for . . . . .

particular purpose. carrymg mto effect any of the prov1s1ons of this Act :

Provided that the number of persons so associated.

shall not be more than three.

(2) A person associated with the Board under sub- section (1) for any purpose shall have the right to take part in the deliberations of the Board relevant to that purpose, but shall not have the right to vote.

(3) The State Government may, by order, depute its representatives to attend any meeting of the Board and to take part in the deliberations of the Board, on such items or subjects as the State Government may specify but such representatives shall not have the right to vote.

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Contracts

Power to make 19. The Board may enter into and perform all such contracts. contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

Execution of Con-

tract.

20. (1) Every contract shall be made on behalf of the Board by the Chairman :

Provided that-

(a) no contract involving an expenditure of rupees twenty lacs and more shall be made without the previous sanction of the State Government ;

(b) no contract involving an expenditure of five thousand rupees and more shall, subject to clause (a) above, be made without the previ- ous sanction 0£ the Board.

(2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.

~~~~~~;iop:wer ofto 21. Subject to. any. rule which the State Govern- sanction contracts~ ment may, make m this behalf, the Board may, by order direct that the power conferred on it under sec- · tion 20 to sanction a cont ract shall be exercis2d by the Chairman or any other officer specified by it in the order.

Further provisions 22. (1) Every contract by the Chairman on behalf as to execution of of the Board shall, subject to the provisions of this contracts, section, be entered into in st,1ch manner and form as may be prescribed.

(2) A contract not executed as provided in this section and the rules made thereunder sha 11 not be binding on the Board.

CHAPTER III

Housing Schemes

Power and duties 23. (1) Subject to the provisions of this Act and of Board to under subject to the control of the State Government take Housing the Board may, from time to time incur expenditur~ Schemes, d d t k k . . . an un er a e wor s m any area m which this Act is dn force for the framing and execution of such hous- ing schemes as it may consider necessary.

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(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 whether provided for by this Act or not, and the Board shall thereupon undertake the framing and execution of such scheme as if it had been provided for by this Act.

(3) The Board, on such terms and conditions as may be agreed upon and with the previous approval of the State Government, take over for executing any housing scheme on behalf of a l.ocal authority or co- operative society or on behalf of an employer when the houses are to be built mainly for the residence of his employP.es, and the Board shall execute such scheme as if it had been provided for by this Act.

24. Notwithstanding anything contained in any other law for the time being in force , a Housing Sche- me may provide for all or any of the following mat- ters, namely:-

(a) the acquisition by purchase, exchange or otherwise of any property for necessary or affected by the execution of the scheme ;

(b) the laying or relaying out of any land com- prised in the Scheme ;

{c) the distribution or redistribution of site be- longing to owners or property comprised in the Scheme;

(d) the closure or demolition of dwellings or portions of dwellings unfit for human habi- tation ;

(e) the demolition of obstructive buildings or portions of buildings;

(f) the construction and reconstruction of build- ings;

(g) the sale, letting out or ex~hange of aI}y pro- perty comprised in the Scheme;

{h) the construction and alteration of streets and back lanes;

(i) p:ovi~ion of the dra~ning, water supply and hghtmg of the area mcluded in the Scheme· '

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(j) the provision of parks, playing fields and open space for the benefit of a~y. a~ea com- prised in the Scheme or any adJommg areas and the enlargement, and ,improvement of existing parks, playing-fields, open spaces and approaches;

(k) the reclamation or reservation of lands for markets, gardens, playing-fields, s?~oo~s, dispensaries, hospiitals and other amenities m the Scheme;

(1) the letting out, management and use of the Board premises;

(m) the provision of sanitary arrangements r e- quired for the area compriised in the Scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply;

(n) the provision of accommodation for any class of inhabitants;

(o) the advance of money for the purpose of the Scheme;

(p) the proviision of facilities for communication and transport;

(q) the collection of such information and statis- tics as may be necessary for the purposes of this Act;

(r) any other m atter for which, in the opinion of the State Government, it is expedient to make provision with a viiew to provide hous- ing accommodation and to the improvement on development of any area comprised in the Scheme or any adjoining areo. or the general efficiency of the Scheme ;

Exvlanation:-For the purposes of this section the State Government may, on the recommendation .of the Board, by notification in the official Gazette, specify such areas surrounding or adjoining- the area included in a housing scheme to be the adjoining area. No H ousing 25. (1) No housing scheme shall be made under £ Scheme t? beclumdeadde this Act for any area for which an improvement Sche-or area JD • in an improvement me has been sanctioned by the State Government ~chem~ or b~ under any enactment for the time being in force for Tinconsispte1nt ~

1 th the constitution of a municipal corporati0n for ::my own annmg . th S . . Schemes, area m e tate to which this Act extends, nor any

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Housing Scheme made under this Act contain anything which is inconsistent with any of the matters included in a Town Planning Scheme sanctioned by the State Government under the Assam Town and Country Planning Act, 1959 or in any town planning scheme duly made by or under any corresponding law for the time being in force.

(2) If any dispute ar ises,whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any such enact- ment as aforesaid or contains anything inconsistent wiith any matter included in Town planning Scheme sanctioned under the Assam Tovln and Country Plan- ning Act, 1959 or in any Town Planning Scheme duly made by or under any corresponding law for the time being in force, the decision of the State Government shall be final.

Submission of bud- 26. (1) The Chairman shall, at a special meeting to get to Board. be held in the month of February in each year, lay be- fore the Board, a budget of the Board for the next year.

Board's sanction to

Budget.

Submission of san-

ctioned budget to

State Government

for approval.

(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 pro- poses to execute whether in part or whole during the next year,

~ii) the due fulfilment of all the liabilities of the Board, and

(iii) the efficient administration of this Act, and

shall contain a stateI:nent showing the esti- mated receipts and expenditure on capital and revenue accounts for the next year and such other particulars as may be prescribed.

. 27. The Board shall consider the budget laid before it under the last precedting section and sanction it with or without modification.

28. (1) Everv budget sanctioned by the Board shall be subm~tted to the State Government for approval. At any time after the receipt of the Budget, the State Government may app.rove the budget as sanctioned by the ~o.ard. or returr: 1t to the Board for . making such mod1flcat10ns therem as the State Government may deem fit.

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Publication and ! execution of hous- ing schemes.

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(4) Nothing in this seetion shall affect the rights or - powers of the Corporation, Mund.cipality or Mo.hkuma Parishad in or over any drain or water works m such streets, square or land.

Compensation in 33. (1) Where any land vests in the Board under respect. of land the provisions of section 32 and the Board makes a vested m the Board. declaration that such land shall be retained by the Board only until it revests in the Corporation, the ,, Municipality or the Mohkuma Parishad., as part of a street or open space under section 36, no compensation shall be payable by the Board to the Corporation, the ~ Municipality or the Mohkuma Parishad, as the case may be, d.n respect of that land.

(2) Where any land vests in the Board under sec- tion 32 and no declaration is made under sub-section

(1) in respect of the land, the Board shall pay to the Corporation, the Municipality or the Mohkuma pari- shad, as the case may be, as compensation a sum equal to the value of such land.

(3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the Corporation, the Municipality or the Mohkuma Parishad, as the case may be, the Board shall pay to the Corporation, the Municipality or the Moh- kuma Parishad, compensation d.n respect of such land in accordance with the provisions of sub-section (2) . Power of Board .} 34. (1) The Board may turn, divert, discontinue the to turn or close public use of, or permanently close, any publiic street public street vest- vested in it or any part thereof. etl in it.

(2) Whenever the Board discontinues the public use of, or permanently closes, any public

I:·:.

(3) In defermining the compensation payable to any person under sub-section (2) the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other

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~ Reference to Tri-

bunal in case of dispute under section 33 or 34. Vesting in Cor- poration, Munici- palty or Mohkuma Parishad, of street laid out or altered and open space provided by the Board under Hous- ing Scheme.

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public street at or about the same time that the public street or part thereof, on account of which the compen- sation is paid, is discontinued or closed.

(4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the sadd street as is no longer required.

35. If there is any dispute as to whether any com- pensation is payable under section 33 or as to the am- ount of compensation payable under section 33 or sec- tion 34, as the case may be, the matter shall be referred to the Tribunal.

36.(1) Whenever the State Government is satisfied-

(a) that any street laid out or altered by the Board has been duly levelled, paved, metal- led, flagged, channelled, sewered and drained as required for any housing scheme included in the Budget approved by the State Govern- ment under section 28, and

(b) that such lamps, lamp-posts and other ap- paratus as the Corporation, the Municipality or Mohkuma Parishad, as the case may be, considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided, and

(c) that water and other sanitary conveniences have been duly provided d.n such street, the State Government may declare the street to be a public street and the street shall there upon vest in the Corporation, Municipality or Mohkuma Parishad as the case may be, and shall thenceforth be maintained, kept in re- pair, lighted and cleaned by the Corporation, Municipallity .or Mohkuma Parishad.

(2) When any open space for purposes of ventila- tion or recreation has been provided by the Board in executing any housing scheme, the Board may at its option by resolutlion transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained at the expense of the local authority:

Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, dradn and lay-out such space and provide footpaths therein and if necessary to provide lamps and other apparatus for lighting it.

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(3) If any difference of opinion arises between the Board and the Corp,oration, Municipality or Mohkuma Parishad in respect of any matter referred to in the foregoing provisions of this section, t he matter shall be referred to the State Government whose decisiop shal1 be finaL

37. (1) It shall be the duty of the Board to take necessary measures to maintain , allot, lease or other..:! wise use the Board premises and to collect r ents, com- pensation and damages in respect thereof

(2) The Board may,-

(i) provide technical advice to the State Govern- ment and scrutinize projects under housing schemes in the area to which this Act extends when required by the St ate Government to do so;

(ii) undertake research on various problems con- nected with housing li.n general and find out in particular the economical methods of cons- tructing houses suited to local cqnditions ;

(iii) undertake comprehensive surveys of pro- blems of housing ;

(iv) grant loans to individuals or body of indivi - duals for building houses under different schemes either at their own instance or under the direction of the State Government and recover the loans in such m anner and in such procedure as may be prescribed;

(v) do all things for-

(a) unificatli.on, simplification and standardisation of building materials ;

(b) encouraging pre-fabrication and mal.is pro - duction of house components;

(c) organising or undertaking the productli.on of building materials for residential or non-re- sidential house ;

(d) securing a steady and sufficient supply of wotkmen trained in the work of construction of buildings.

..

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Board to as aume 38. The Board shall, subject to the general control man~c;ment of of the State Government, assume management of all requmtioned lands. such lands requisitioned or continued to . be subject to requisition, by or under the aut~o~i.ty of the Sta~e. ~o- vernment under the Assam Requisition and Acquisition Act, 1964 or by or under any corresponding law for the time being in force, as the State Government may

dd.rect.

Rccon-1titution of

plots.

Power to exempt

Schemes from

provisions of sec-

tions 26 to 31.

Power to pur-

chase or lease by

agreement.

39. A housing scheme may provide-

(a) for the formation of a reconstituted plot by the alterations of the boundaries of an origi- nal plot; ·

(b) with the consent of the owners that .two or more original plots each of whd.ch is held in ownership in severaley or in joint ownership shall, with or without alteration of bounda- ries be held d.n ownership in common as a reconstituted plot;

(c) for the allotment of a plot to a_ny own~r dis- possessed of land in furtherance of the hous- ing scheme ; and

(d) for the transfer of ownership of a plot from one person to another with the consent Gf such persons.

40. The State Govern~ent may, by general or special order published in the official Gazette, exempt any housd.ng scheme undertaken by the Board from all or any of the provisions of sections 26 to 31 subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme Wiith such modifications as may be specified in the order.

CHAPTER IV

Acquisition and Disposal of Land

41. (1) The Board may enter into an agreement with any person for the acquisition from him by pur- chase, lease or exchange, of any land which ~s needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or inter- ference therewith.

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Board to as aume 38. The Board shall, subject to the general control man~c;ment of of the State Government, assume management of all requmtioned lands. such lands requisitioned or continued to . be subject to requisition, by or under the aut~o~i.ty of the Sta~e. ~o- vernment under the Assam Requisition and Acquisition Act, 1964 or by or under any corresponding law for the time being in force, as the State Government may

dd.rect.

Rccon-1titution of

plots.

Power to exempt

Schemes from

provisions of sec-

tions 26 to 31.

Power to pur-

chase or lease by

agreement.

39. A housing scheme may provide-

(a) for the formation of a reconstituted plot by the alterations of the boundaries of an origi- nal plot; ·

(b) with the consent of the owners that .two or more original plots each of whd.ch is held in ownership in severaley or in joint ownership shall, with or without alteration of bounda- ries be held d.n ownership in common as a reconstituted plot;

(c) for the allotment of a plot to a_ny own~r dis- possessed of land in furtherance of the hous- ing scheme ; and

(d) for the transfer of ownership of a plot from one person to another with the consent Gf such persons.

40. The State Govern~ent may, by general or special order published in the official Gazette, exempt any housd.ng scheme undertaken by the Board from all or any of the provisions of sections 26 to 31 subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme Wiith such modifications as may be specified in the order.

CHAPTER IV

Acquisition and Disposal of Land

41. (1) The Board may enter into an agreement with any person for the acquisition from him by pur- chase, lease or exchange, of any land which ~s needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or inter- ference therewith.

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(2) The Board may also take st~ps for the cor;ipul- sory acqud.sition of any land or any ~ter.est ther~m re- quired for the execution of a housmg scheme m the manner provided in the Land Acquisition Act and the acquisition of any land or any interest thereto f?~ ~he purposes of this Act shall be deemed to be acqmsition for a public purpose within the meaning of the Land Acquisition Act.

Betterment charges. 42. (1) When by the making of a housing scheme any land in the area comprised in the scheme will, in the opindon of the Board be increased in value, the Board in frarp.ing the scheme may declare that better- ment charges shall be payable by the owner of the land or person having an interest therein in respect of the lincrease in value of the land from the execution of the scheme.

(2) Such increase lin value shall be the amount by which 1;.he value of the land on the completion of exe- cution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land orior to the execution of the scheme estimated in like manner and the betterment charges shall be one half of such increase in value.

(3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme. Explanation.-For the purpose of this sub-section the State Government may on the recommendation of the Board, by notification in the official Gazette, dec- lare such land which is situated near or contiguous or adjacent to any land comprised in a scheme to be adja- cent to the area comprised in such scheme. Notice to persons 43. (1) The Board shall give notice in the prescrib- liable for better ed form to any person who is the owner of or has inte- men t charges.

rest in the land in respect of which the betterment ch~rges are to be levi~d and shall give such person an opportunity to be heard.

(2) After hearing such persori or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.

(3) Where the assessment of betterment charges proposed by the Board is accepted by the person con- cerned wiithin the period prescribed, the assessment shall be final. ..

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( 4) If the person concerned does not accept the assessment proposed by the Board the matter shall be referred to the Tribunal.

(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable-by the per·- son.

Agreement for 44. (1) Any person liable to pay betterment charges payment of better- respect of any land may at his option, instead of pay-· ment charges. d.ng the same to the Board, execute an agreement with the Board to leave the payment outstanding as a char- ge on his interest in the land, subject to the payment in perpetuity of interest at such rate as may be pres- cribed.

Recovery of bett·

erment charges .

Power to dispose

of land.

Disputes regarding

reconatitution of

plots.

(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall notwithstanding anything contain- ed in any other enactment and notwithstanding the execution of any mortgage or charge created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.

45. All sums payable in respect of any land by any person in respect of betterment charges under section 42 or by any person under an agreement under section 44 shall be recoverable on behalf of the Board as an arrear of land revenue. ·

46. Subject to any rules made by the State Go- vernment under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of, any land, any building or other property vesting in it and situate in the area comprd.sed in housing scheme permitted under this Act. ·

47. (1) Where by the making of a housing scheme, any plot compris~d in the area included in the scheme are reconstituted or any person is dispossessed, any person affected by such reconstitution or dispossession may apply to the Board for compensation. The Board may, after making such inquiry as it thinks fit, decide whether the applicant is entitled to any compensation and if so to what extent. If the person is dissatisfied with the decision of the Board in the matter, he may ~nform. the Board accordingly. The Board shall there- upon refer the matter to the Tribunal.

(2) The Tribunal shall then after making an inqui-· ry determine the amount of compensation and direct the Board to pay the same to the person entitled.

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CHAPTER V

TribunaL Constituton 48. (1) Notwithstanding anything contained in thecen•ral Act I, of a Tribu Land Acquisition Act, 1894 the Government m~y cons- of 1894· nal for cer • titute a Tribunal for the purpose of performing the __,.-- tain purpose functions of the court with reference to the acquisition of land for the Board under the said Act, for deciding ~ disputes relating to levy or assessment of betterment charge and for deciding such other matters as may be prescribed. ~

(2) The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of District Judge or possessing qualifications to be ap- pointed as a Distrii.ct Judge.

(3) The Tribunal shall have the same powers as are Central Act · vested in a Civil Court under the Code of Civil Proce- V of 1908. dure, 1908.

Officers and

Board on 49. The Tribunal may, with the previous sanction cmplo~es of. of the Government, appoint such officers and ~mplo- ~h• Tribunal . "d f · "t b · yees as it cons1 ers necessary or carrying on 1 s us1- ness, and the remuneration and other conditions of

services of such officers and employees shall be such

as may be prescribed.

Paymentsby 50. The amount -necessary for the payment of re- Tc~bunt

1

of muneration, salaries, allowances and other contribu- n una · tions payable to the Tribunal and the ofncers and employees of the Tribunal shall be paid out of the funds .of the Board, wd.th the prior approval of the Government.

Appeals from 51. (1) Notwithsanding anything to the contrary in Central Act ~~fu~~al. of the Land Acquisition Act, 1894 the award of the Tri- 1 of 1894. bunal in relation to the acquisition of land shall be deemed to be the award of the ,court under the said Act. c

(2) Any person who does not agree to the amount of the compensation awarded by the Tribunal for the o l~nd ac.quired for the Board under the Land Acquisi- tiont Atcht, 1894 art.to the tperfsonhs to whom ii .iis payable ~e 0 ~tr~~~c or o e appor 10nmen o i e compensation among those persons may, within sixty days from the date of

the award of the Tribunal prefer an appeal to the

Gauhati High Court:

Provided that the Hiigh Court may entertain the

appeal after the expiry of the said period if it is satis-

fied that the appellant was prevented by sufficient·

cause from filing the appeal in time.

25 Awards ~d 52. Every award of the Tribunal and every order orders of Tribunal "b f h t f f t'o be executed by made by the Tn unal or t e paymen o money, or Civil Courts1 the deliYery of possession or removal of any structure shall be enforced by the Assistant District Judge's

Court having jurisdiction over the area in which the

land concerned in the proceeding of the Tribunal is

situated as if it were the decree of the said Court.

Appointment of

competent

authorities.

Power to evict

certain persons

from Buard pre·

mises.

CHAPTER VI

Power to evict persons from Board premises 53_. The State Government may, by notification in the official Gazette, appoint an officer who holds or has held office which, in its opinion, d.s not lower in rank than that of a Deputy Commissioner or an Exe· cutive Engineer, to be the competent authority for performing the functions of the competent authority under this Chapter in such area, or in respect of such premises or class of premises, as may be specified in the notification, and more than one officer may be appointed as competent authority in the same area in respect of different premises or different classes of premises.

54. (1) If the competent authority is satisfied-

(a) that the person authorised to occupy · any Board premises has,

(d.) not paid rent lawfully due from him in res- pect of such premises for a period of more than two months, or

(ii) sub-let, without the permission of the Board, , .' the whole or any part of such premises, or

(iii) committed, or is committing any acL com- trary to the provisions of clause (o) of section 108 of the Transfer of Property Act, 1882, or

(iv) made, or is making, material additions to or alterations, in such premises without the previous written permission of the Board or

. '

(v) otherw1ise acted in contravention of. any of the terms express or implied, under which he is authorised to occupy such premises, or

(b) that any person iS in unauthorised occupation of any Board premises, the competent au· th?rd.ty :nay, notwithstanding anything con- tamed m any law for the time being in

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- ~ force, by notice served (i) by post, or (ii) by affixing a copy of !it on the outer dcior or "

some other conspicuous part of such pre- mises, or (iii) in such other manner as may be prescribed, order that person as well as :

any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of 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 in- form the person by notice in writing of the grounds for which the proposed order is to be made and give him a reasonable opportunity of tendering an explana- ~ion and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the competent authority for extension of the period specified in the notice, the competent authority may grant the same on such terms as to pay- ment and recpvery of the amount claimed in the notice as he deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the Officer proceeding in this connection by advocate, at- torney or pleader. Such notice in writing shall be ser- ved in the manner provided for service of notice under sub-section (1).

(3) If any person refuses or fails to comply with ~n order made under sub-section (1), the competent authority may evict that person from, and take posses- sion of, the premises and may for that purpose use rnch force as may be necessary.

( 4) If 2 person, who has been ordered to vacate

(1) and thereupon such person shall hold the premises on the same terms on which he held them rimmediately before such notice was served on him

0

Explanation.- For the purposes of this section and sect ion 55 the expression "unauthorized occupation".

in relation to any person authorized to occupy any Board premises, includes the continuance in occupation by h im or by any person claiming tt:rough or un~er him of the premises after the authomty under which he was allowed to occupy the premises has been duly determined.

l'o we! to recove r 55. (1) Subj ect to any rules made by the State Go- rent or damages vernment in this behalf and without prejudice to the as arrears of land provisions of section 54 where any person is in arrears revenue. of r ent payable in respect of any Board premises, the competent authority may , by notice served (i) by post, or (iii) by affixing a copy of it on the outer door or some other conspicuom' par t of such premises, or (iU) in such other manner as may be prescribed, order that person to pav the same within such time not less than fifteen days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent w~thin the time specified in the notice, such arrears may be reco- vered as arrears of land revenue.

Rent to be

recover t d from

deductions from

salary of wages

in certain cues.

(2) Where any person is in unauthorised occupa- tion of any Board premises, the competent authority m ay, in the manner, and having regard to the princi- ples of assessment of damages, prescribed in this behalf, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served (i) by post, (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages with- in such time as may be specified in the notice. If any person refuses or fails to pay the damages within the t ime specified in the notice, the damages may be reco- vered from him as arrears of land revenue.

(3) No order shaU be made under sub-section (2) until after the service of a notice in writing to the per- son calling on him to .show cause, within a reasonable per iod to be specified in such notice, why such order should not be m ade, and until his objections, if any, and any evidence he may produce in support of the same have been considered bv the competent autho- r.it y .

56. (1) Without pre judice to the provisions of sec- tion 55. any person who is an employee of the State Government or a local authority and who has been allotted an y Board premises, may execute an agree- ment i!l favoor of the State Government or any local authority, as the case may be, providing that the State ---- --- ·---

28

Government or the local authority, as the case m,ay be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amoupt as may be specified in the agreement and to pay the amount so deducted to the Board in satisfac- tion of the rent due by him in respect of the Board premises allotted to him.

(2) On the execution of such agreement, the State Government or local authority, as the case may be, shall if so required by the Board by reqlllisition in writi'ng make the deduction of the amount specified in the requisition from the salary or wages of the employee specified >in the requisition in accordance with the agreement and pay the amount so deducted to the Board :

Provided that no such agreement in favour of the local authority by the employee concerned shall be valid unless such local authority has agreed in writing to mal(e such deduction on account of rent from the salary or wages of the employee.

57. (1) Any person aggriieved by an order of the competent authority under section 54 or section 55 may, within one month of the date of the servi~e of the notice under section 54 or section 55, as the case may be, prefer an appeal to the State Government :

Provided that the State Government may entertain the appeal after the expiry of the said period of one month, if it is satisfied that the appellant was preven- ted by sufficient cause from filing the appeal in time.

(2) On reciept of an appeal under sub-section (I) the State Government may, after calling for a report from the competent authority, and after hearing the appellant and making such further inquiry, if any, as may be deemed necessary, pass such orders as it thinks fit and the order of the State Government shall be final.

(3) Where an appeal is preferred under sub-section (1), the State Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit. Bar of Jurisdicf n 58. No order made by the State Government or the of Civil Courts~⁰competent authority in the exercise of any power con- ferred by or under this Chapter shall be called in question in aDy civil court and no injunction shall be granted by any court or other authority in respect of <:my action taken or to be taken in pursuance of any power conferred by or under this Chapt-er.

0

Board's Fund. Application 0f tbP. fund . Expenditure in case of urgency.

29

CHAP'l'~R VII Finance, Accounts and Audit

59. (1) The Board shall have its own fund ..

(2) The fund of the Board shall consist of-

(i) all grants, subventions, donations and gifts received from the Central or State Govern- ment or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act, and

(ii) all moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents, betterment charges and all interest, profit and other moneys . accruing to the Board.

(3) Except as otherwise directed by the State Go- vernment, all moneys, and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Reserve Bank of India or in any scheduled bank or invested in such securities as may be approved by the State Govern- ment.

(4) Such amounts shall be operated upon by such officers as may be authorised by t he Board. Explanation:-For the purposes of this section the Reserve Bank of India shall mean the Reserve Bank of Jndia constituted under the Reserve Bank of India Act, 1934 and a scheduled bank shall mean a bank included in the Second schedule to the said Act.

60. All property, fund and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.

61. (1) Where in the opinion of the Board, circums- tances of extreme urgency have ar isen it shall be law- ful for the Board to make in any year,-

(a) recurring expenditure not exceeding ·wenty- five thousand rl'pees,

(b) non-recurring expenditure not exceeding one lac of rupees.

30

30

(2) Where any sum is expended under circum.: ,,.. stances of extreme ungency as provided in sub-section- (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Govern-_ ment.

62. (1) The State Government may from time to time make subvention to the Board for the purposes of this Act on such terms and conditions as the State Go- vernment may determine.

(2) The State Government may from time to time advance loans to the Board on such terms and condi- tions not inconsistent with the provisions of this Act as the State Government may determine.

Expenditure of the 63. (1) The State Government may, with prior con· State Government sultation with the Board, at any time, declare that any to be treated as d"t · d b · d d" · 't' t d loan or grant to expen i ure mcurre y it an any procee mg mi ia e the Board. by it, either before or after the constitution of the

Board, shall be expenditure incurred or proceedings

initiated, on behalf of the Board and upon such decla-

ration, amount equivalent to such expenditure shall be

deemed to have been given by the Government to the

Board as loan with effect from such date as the State

Government may appoint, provided that the State

Government may g~ve such amount as grant to the

Board instead of as loan.

(2) On a declaration being made under sub-section

(a) above, such assets and liabilities as may have been created or as may have accrued as a result of the ex·- penditure in respect of which a declaration have been made under sub-section (4), shall vest in the Board. Power of Board, 64. (1) The Board may, from time to time, with the to borrow. previous sanction of the State Government and subject to the provisions of this Act and to such conditions, as⁰ may be prescribed in this behalf, borrow any sum re- quired for the purposes of the Act.

(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 ar- rangements 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.

31

Concu11 ent a nd specia l audits of accounts.

31

( 4) Every debenture shall be signed by the Chair- man and one other member of the Board.

(5) Loans borrowed and debentures issued under this section may be guaranteed by the State Govern- ment as to the repayment of principal and the pay- ment of iinterest at such rate as may be fixed by the St ate Government.

65. (1) The Board shall cause to be maintained pro- per books of accounts and such other books as the rules may require and shall prepare in accordance with the r ules a_n annual statement of accounts.

(2) The Board shall cause its accounts to be audited annually by such person as the State Government may direct. The person so directed shall have the right to demand the productii.on of books, accounts, and connec- ted voucher, documents and 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) The Board shall comply with such directions as the State Government may after perusal of the report of auditor think fit to issue.

66: (1) Notwithstanding anything contained in Section 65, 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 Stat~ Government may also direct a special audit to be made by such per- son as it t hinks fit of the accounts of the Board relating to any particular transaction or a class or series of tran::a~~ions or to a particular period.

(2) When 2.n order is made under sub-section (1) .1.1 ~ '

L_1c .ooar

32

32

CHAPTER VIII

M iscP llaneous

67. The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the State Government a report on such matters as may be prescribed and the State Government shall cause such report to be published in the official Gazett<:>. Every such report shall be laid before the House of the State Legislature as soon as may be after it is publish·- ed.

68. The Board shall also submit to the State Go- vernment such statistics, returns, particulars, state- ments, documents or papers in regard to any proposed or existing scheme or relating to any matter or pro- ceedings 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.

69. The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order-

. (a) to make any inspection, survey, measure- ment, 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;

(c) to make such levels, boundaries and lines of works and cutting trenches ; or

(f) to do any otht;r thing ; whenever it is necessary to do so for any of the purpOS\;S of this Act or any rules made or scheme sanc- tioned thereunder : '

Provided as follows :

(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 except with the consent of the occupier thereof, and without givJng the said occupier at least twenty-four hours' previous written notice of the intention to make such entry;

33

Notice of suit agains' Hoard.

33

(iii) sufficient notice shall in every instance be given, even when any ·premises may otherwise be en- tered without notice to enable the inmates of any apartment appropriated to females to remove them- selves 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.

70. No person shall file any suit against the Board or against any officer or employee of the Board or any person acting under the orders of the Board, for any- thing done or purporting to have been done iin pursu- ance of this Act, without giving to the Board, officer or employee or person two month's previous notice in writing of the !intended suit and of the cause thereof, nor after six months from the date of the act complain- ed of.

Valuation of assets

and liabities of the 71. The Board shall at the end of every five years Board. have a valuation of its assets and liabilities made -by a valuer appointed wii.th the approval of the State Go- vernment:

Power to maket

rules.

Provided that it shall be open to the State Govern- ment to direct a valuation to be made at any time it may consider necessary.

72. (1) The State Government may, by notification in the official Gazette and subject to the condition of previous publicatioh, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the g~nerality of the foregoing power such rules may pro- V!l.de for all or any of the following matter, namely:-:-

(a) the allowances of members and remunera- tion and conditions of service of the Chair- man under section 7 ;

(b) the manner and :form in which contracts shall be entered into under section 22 ; (t} the t()rm of the annual budget to be laid be- :fore the Board under sectiion 26 and the other particuiats to be contained therein · - '

(d) the ;nann_er of publication of housing sche- mes mcluded in the budget under section 30:

34

(e) ihe form of notice under section 43;

(f) the rate of interest under section 44 ;

(g) the other matters to be decided by the Tri- - bunal under section 49 .

(h) the forms of notices under sections 54 and 55 and any other manner in which they may be served;

(i) the procedure to be followed in taking posses- sion of any Board premises under section 54 ;

(j) the manner in which damages under section 55 may be assessed;

(k) the manner in which appeals may be prefer - r ed under section 57 and the procedure to be followed in -such appeals ;

(l) the conditions subject to which the Board may borrow any sum under sec~on 64 ;

(m) the manner of preparation, maintenance and publication of accounts under section 65 ;

(n) the date before which, the form in which, the interval at which and the matters on which reports shall be submitted under sec- tion 67;

(o) the time at which and the form and manner in which statistics, returns, particulars, state- ments, documents and papers shall be sub- mitted under section 68;

(p) the manner dn which the Board shall be su- perseded and reconstituted under section 83 ;

(q) any other matter which is or may be prescri- bed m1der this Act ;

(3) All rules made under this section shall be laid as soon as may be, after they are made, before the Assarri Legislative Assembly while it is in session for a total period of fourteen days which may be com- prised in one session or in two successive sessions, and H, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legis- lative Assembly agree in making any modification in the rule or the Assam Legislative Assembly

35

agree that no rules should be made, the rules shall thereafter, have effect only in such modified form or be of no effect, as the case may be; provided that any such modification or annulment shall be without prejudice to the validity of anything previ- ously done under the rules.

73. (1) The Board may from time to time, with the previous sanction of the State Government, make regulations consistent with this Act and rules- .

(a) for the management and use of buildings constructed under any housing scheme;

(b) the principles to · be foll9wed in allotment of tenaments and premises ;

(c) the remuneration and conditions of service of the other officers and employees of the Board under section 14 ;

(d) for regulating its Procedure and disposal of its business.

(2) If it appears to the State Government that it is necessary or desirable for carrying out the pur- poses this Act to make any regulation in respect of matters specified in sub-section (1) or to amend any regulation made under that sub-section. it may call upon the Board to make such regula- tion 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 5Uch 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).

74. (1) The Board may make bye-laws, not inconsistent with this Act, which may be necessary or expedient for the purpose , of carrying out its duties and functions under this Act.

(2) A b;ye-law made under this section may provide that a contravention thereof shall be an offence.

. (3) No bye-laws made by the Board shall come into-force until it has been confirmed by the State Government with or without modification.

36

' (4) All bye-laws made under this section shall ,_ be published in the official Gazette. Penalty for con- 75. Whoever contra\·enes a bye-law made under travehtsion of bye-section 74 shall on conviction be punished with laws. imprisonment fo; a term which' may extend to six ' months or with fine which may extend to one thou- sand rupees or with both.

Penalty or 76. If any person-

obstruction., etc.

(a) obstructs, or molests any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or

(b) removes any marks 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 imprison- ment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Penalty for 77. Any person who obstructs the lawful exercise obstructing exerciseof any power conferred by or under Chapter VI shall of powers under . . b · h. d · h fi h" h ' Chapter VI. on conv1ct10n, e pums e wit ne w IC may extend to one thousand rupees.

Authority for 78. Unless otherwise expressly provided, no Court

prosecution. shall take cognisance of any offence punishable under this Act except on the complaint of, or upon infor-

mation received from, the Board or some person

authorised by the Board by general or special order

in this behalf. .i

Members, officers, 79. All members, officers artd employees of the i and employees of Board shall be deemed when acting or purporting to the Board to be t . f f th · · f th" public servants. ac m pursuance o any o e prov1s1ons o is Act, to be public servants within the meaning of

section 21 of the Indian Pehal Code.

Protection of

action taken

under this Act.

80. No suit, prosecution or oth~t legal proceedings shall lie against any person for anything done in good faith or purpo:i;ted to be done under this Act.

Power to order mquirir.s. ' 37

81. The State Government may give the Board such directions as in it s opinion are necessary or expedient for carrying out the purposes of this Act. It shall be the duty of the Board to comply with such directions.

82. (1) The State Government with a view to satisfy itseU 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 and to report to the State Government the result of such inqu,iries.

(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 informa- tion in the possession of the Board, which such person or persons demand for the purposes of the inquiries.

Default in S

performance of 83 (1) If the tate Government is satisfied that duty and super· the Board has made default in performing any duty msion. imposed on it by or under this Act, it may fix a period for the performance of that duty.

(2) J f in the opinion o " the State Government the Board fails or neglects to perform such duty within th e period so fixed for its performance, it shall be lawful for the State Government. no twithstanding anything contained in Section 8, to supersede and reconstitute the Board in the prescribed manner.

(3) A [ter the supersession of the Board and until it is reconstituted the powers, duties and func- tions of the Board under this Act shall be carried on by the State Government or by such officer or officers as t he State Government may appoint for this purpose.

38

(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 State Government.

(3) Nothing in this section shall effect the liability of the State Government in res- pect of loans or debentures guaranted under sub-section (5) of Section 64.

AGP. (Gau<) law 255f74_~3,600-;-9-3-74

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t I' , • &: I

f .