THE ARUNACHAL PRADESH HOUSING BOARD ACT, 2014
(ACT NO. 14 OF 2014)
(Received the assent ol the Governor on 10th October, 2014 and published in the Arunacal Pradesh E.O. Gazetle No 196, Vol. XXI dated 29th october, 2014)
An
Act
to provide for the Constttution and Regulation of Housing Board for Arunachal Prudesh; tor the puryose of hking measures to deal with the need lor housing a@ommodation and tor futher amendment ol law rclating to eviction of persons in unauthoised o@uption and tor the ludher amendment of law relating to aquisi on of land aN for matters connected therewith. BE it enacted by the Legislature ol Arunachal Pradesh in the Sixty{ifth Year of the Republic of lndia as lollows :-
1
Short title, Extent and c0mmence- ment.
Definition.
CHAPTER . I
PHELIMINARY
1 . (1) This Act may be called the Arunachal Pradesh State Housing Board Acl,2014.
(2) lt extends to the whole of the State of Arunachal Pradesh.
(3) lt shall come into force on such date or dates as may be notified by the State Government.
2. ln this Act, unless the context otherwise requires, -
(a) "adjoining area' means such area as may be specified to be an adloining area under section 17 :
(b) 'Board" means the Arunachal Pradesh, State Housing Board established and constituted under section 3 ;
(c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board orentrusted to or in possession orunder the control of the Board under this Act ;
(d) "Building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes of this Act ;
(e)
(f)
(s)
(h)
"by+laws" means by*laws made under section Z ;
"Chairman" means the Chairman of the Board ;
"Competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter Vl for such area as may be specilied in the notification;
"Housing scheme" means a housing scheme made under this Act, the rules and regulations made thereunder:
"Land" includes benerits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (i)
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197
(]) "local authority" means a i/unicipality constituted undertheArunachal Pradesh [/unicipalAct, 2007 or Gram Panchayat constituted under the Arunachal Pradesh Gram Panchayat Act, 2000;
(k) "lvlember" means a member of the Board including the Chairman;
(l) "Premises" means any land or building or part of a building and includes:-
(i) Gardens, grounds and outhouses, if any, appurtenant to such building, any litting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ;
(m) "prescribed" means prescribed by rules under this Acti
(n)
(o)
(p)
(q)
(r)
3.(1)
(2\
"regulations" means regulations made under section 76;
"rent" means the amount payable to the Board in respect of the occupation of the Board's premises and includes the charges for water and electricity payable in respect of water and electricity used or consumed in the premises;
''Secretary" means the Secretary of the Board;
"Tribunal" means the Tribunal specified under section 44; and
"year" means the year commencing on the 1st day of April and ending on the 31st day of l\,4arch. CHAPTER - II
ESTABLISHMENT OF THE BOARD
The State Government may, by notification establish a Board to be known as "the Arunachal Pradesh State Housing Board".
The Board shall, by the name aforesaid, be a body corporate having perpetual succession and a common sealwith power subject to the provisions Establish-
ment ol the
Board.
Constitution of the Board.
198
of this Act, or the rules made, thereunder, shall have the power to acquire, hold and dispose of property, both movable and immovable, and to enter into contract and may by the said name sue orbe sued and do allsuch things as are necessary for which it is constituted.
(3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority.
Explanation: The purposes of thisBill referred to in sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or ,or lhe purposes ol this Acl and the exercise olits rights over and with respect to such lands and buildings for the purposes of this Acl.
4. (1) The Boad shallonsislof a Chajrman, avrcechairman and such other members not more than twelve and not less than six as the State Government may, from time to time, by notification, appoint:
Provided that the Chairman and the
Vice-Chairman shall be appointed lrom amongst the officers ollhe rank ol Head of the Department or Chief Secretary and Development
Commissioner of the State Government
respectively. The Chairman, Vice-Chairman and all other official Members shall be Ex-officio.
(2) The Government may, by notification, remove from otfice, the Chairman, Vice-Chauman and non-otficial members.
(i) Otlicial llemberc The following will be lhe members, namely;
(a) Secretary Housing - Member Secretary
(b) Secretary Finance - Member
(c) Secretary Rural Development - Member
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199
(d) Secretary Land Management - Member
(e) Director, Town Planning - Member
(f) Director, Housing - Member
(g) Director, UD - Member
(ii) l,l,on-Otficial llembers
(a) Three Non-Otticial Members to be appointed by the State Government where one of the members to be from Housing and Urban Development Corporation (HUDCO) or a representative from the ministry of Housing and Urban Poverty Alleviation, Governmenl ol lndia, New Delhi.
(b) Until the Board is established and constituted in accordance with the provisions of the preceding sub- sections, the State Government may constitute a Board consisling ol one person, who shall be an officer of the $ate Government, to be appointed , by the State Government, and a Board so constituted shall, as from the commencement ol this Bill and lor a period not exceeding oneyear from such commencement, be deemed to be the Board established and conslituted for the purpose of carrying out all the provisions of this Act.
5. (1) The Chairman, Vice-Chairman and every non- olficial member shall hold office for a period of lhree years from the date ol his/her appointment but shall be eligible for re-appointment as such Chairman, Vice-Chairman or member.
(2) The Chairman, Vice-Chairman and the non-official members will receive travelling allowances and daily allowances and each member will receive a sitting fee @ Rs.500 per sitting tor attending meetings.
(3) The honorarium to the members shall be paid trom the fund of lhe Board and such honorarium and olher conditions of service shall be such as may be prescribed.
Terms ol
ollice and
conditions of
service.
Resignation of Chairman andMem-
bers.
200
6. (1) The Chairman, Vice-chairman or any other member/non-official member may at any time resign his/her office by tendering his/her resignation to the State Government but shall continue to remain in office until his/her resignation is accepted.
(2) A person shall be disqualified lor being appointed or for continuing as the Chairman, Vice-Chairman or member of the Board, il he/she,-
(a) holds any olfice or place of prolit urder the Board ;
is of unsound mind ;
is an undischarged insolvent ;
has, directly or indirectly by himselt/herself or by any partner, any share or inlerest in any contract or employment with by or on behalf of, the Board ;
(e) isa Director or a Secretary, Managerorother salaried officer o, any incorporated company which has anyshareor interesl in any contract or employment with, by or on behall of, the Board : or
(f) has been convicted of any otlence involving moral turpitude.
(g) in the opinion of the S1ate Government-
(i) has become incapable of acting;or
(ii) is otherwise unlil to continue as a member.
(3) A person shall not be disqualified under clause
(d) or clause (e,) of sub-section (2) or be deemed to have any share or interest in any conlract or employment within the meaning of the said clause, by reason only of his or the incorporated company of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in any newspaper in which any advertisemenl relating to the aflairs ol the Board is inserted. (b)
(c)
(d)
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201
(4) A person shallnot also be disqualilied under clause (d, or clause (e) ol sub-section (2) or be deemed to have any share or interest in any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board, by reason only of his beinga shareholder of such company:
Provided that such person discloses to the State Government the nature and extent of the shares held by him.
7. ln the event of any vacancy occurring in the membership ol the Board, the vacancy shall be filled up, as soon as may be by appointment of anew memberwho shall hold oflice forthe unexpked portion of the term ol hiYher predecessor.
8. The State Government may, lrom time to time, grant to the Chairman such leave as may be admissible undertr rules made urderffi Ad andttle VrcsChairman to act lor the Chairman during such absence on leave, while so acting, be deemed, for all purposes ol this Act, to be the Chairman as the case may be.
9. No disqualification ol, or defecl in the appointment of, any person acting as a Chairman, a Vice-Chairman or a member shall be deemed to vitiate any act or proceedings ol the Board il such act or proceeding is otheMise in accordance with lhe provisions of this Act.
10. ll any member of the Board other than the Chairman is by inlirmity or otherwise rendered temporarily incapable of performing hiyher duties or is absent on leave or on any other ground not resulting in the cessation of his/her membership, the State Government may appoint anolher person to olficiate for him/her and perform his/her duties under lhis Act, or any rule or regulation made thereunder.
11. (1) The Slate Government shall appoint a Housing Secretary olthe Board and other otricers and shlf of lhe Board on such terms and conditions of service as it may deem fit.
(2) The Board may create such other posts and appoint such other officers and stalf thereto as it may consider necessary for the efficient discharge ofits duties:
Filling up of
Vacancies.
Leave of
absence of
Chairman.
Proceedings
presumed to
be good and
valid.
Temporary
absence of
members.
Appointment
ol Ofiicers
and staff ol
the Board.
Appointment of Commi- ttees.
Meetings of the Board.
202
Provided that the previous sanction ol the State Government shall be obtained lor this purpose in respect ol such categories of posts as may be specified by it from time to time, by nolification.
(3) The Board shall prescribe the qualifications, satary and condition of service of its employees.
12. Subject to any rules made under this Act, the Board may, from time to time, and for any particular local area, districl or sub-division, appoint one or more committees forthe purpose ol discharging such duties and lunctions as may be entrusted by the Board.
13. (1) The Board shall meet at least once in three months to transact the business and a period of more than three months shall not lapse between two con- secutive ordinary meetings of the Board.
(2) For transacting urgent business, the Chairman may, whenever he thinks fit, callspecial 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 lollowing conditions namelyt
(a) the quorum for every meeting shall be five of the number of members actually serving for the time being including the Chairman;
(b) every meeting shall be presided over by the Chairman and in his absence,bY any member selecled by the members present at the meeting.
(c) if any ordinary or special meeting of the Board there is no quorum, the Person presiding over the meeling shall adjourn the meeting to any oths day, not being laterthan seven dayslrom the date ol adiournment and no quorum shall be necessary for such adjourned meeting.
(d) all questions at any meeting shall be decided by a majority ol the members plesent and voting other than the person plesiding who shall have and exercise a casting vote only in case ol a tie ; and
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203
(e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided lor the purpose and a copy of such minules shall be lorwarded to the State Government in the departmenl concerned.
(l) all such ordinary or special meetings shall be attended by the members themselves personally and not be represented by thek subordinate officers.
14. (1) The Board may associate with itself, any person whose assistance or advice it may deem fit for carrying into effect any of the provisions of this Act provided thatthe number olsuch persons shall not, at any time be more than three.
(2) A person so associated with the Board under sub- section(1) lor any purpose shall have the right to take part in the meetings of the Board relevant to that purpose, but shall not have the right to vote.
(3) The Slate Governmenl may, by order, depute its represenlatives in addition to those who are members of the Board to attend any meeting ot the Board, on such items or subjects as the State Government may specify, but such
representatives shall not have the right to vote.
15. Subject to the previous approval of the Boardin each case, all contracts and agreements for and on behalf ol the Board shall be executed by the Housing Secretary.
CHAPTER.III
HOUSING SCHEI'E The Board may frame Housing Schemes and execute works and incur expenditure in connection therewith on such terms and conditions as the State Government may direct.
The Board may, Subject to the approval ol the State Government, underlake and execute any housing scheme on behalt ol local Authority, Co- operative Society or any Organisation or Association for providing residences to their employees.
16.(1)
\2)
Association of persons wilh the Board. Execution ol contracts. Powers and duties of the Board to
undertake
housing
schemes.
Matters to be provided tor by housing schemes.
204
17. A housing scheme may provide for all or any of the lollowing matters, namely: -
(a) acquisition by purchase, exchange or otheMise of land or any property necessary forthe execution of lhe scheme ;
(b) division of the same into plots and the sale thereof atter developing it or othen ise to co-operative societies or other persons, in accordance with the scheme ;
(c) laying or reJaying out of any land comprised in the scheme :
(d) closure or demolition ol dwellings or portions of dwellings unfit for human habitation within the land owned by the Board;
(e) demolition of obstructive buildings or portions thereof within the land owned or controlled by the Board.
(l) construction and re-construction of buildings, their maintenance and preservation within the land owned or controlled by the Board.
(g) sell, letting out or exchange of any property mmprised in the scheme ;
(h) construction and alleration ol streets and back lanes within the land owned or controlled by the Board;
(i) letting out management and use of the Board premises or property owned or controlled by the Board.
(j) drainage, water-supply and lighting of the area included in the scheme ;
(k) parks, playing fields and open spaces for the benefit of any area comprised in lhe scheme and the enlargement of existing parks, playing-fields, open spaces and approaches ;
(l) sanitary arrangemenl required for the area comprised in the scheme, including the conservation and prevention of any injury or contaminalion lo rivers or other sources and means of water-supply ;
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205
(m) accommodation for any class of inhabitanls, industries, institutions, oflices, local authorities, Co-operatives or Corporate bodies ;
(n) advance ol money for the purpose of the scheme ;
(o) lacilities for communication and transport ;
(p) colleclion of such inlormation and statistics as may be necessary lor the purpose of this Act ;
(q) necessary amenities and service to housing colonies owned by the Board and
(0 any other matter for which, in the opinion ot the State Government, it is expedient to make provision with a view to provide housing accommodation and, or, to the improvement or development of any areacomprised in the scheme or any adjoining area or the general elficiency ol the scheme.
Explanation. --+o( lhe purposes olthis section the $ate Government may, on the recommendation of the Board, by notification, specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area.
18. No housing scheme shall be made under this Act for any area lor which an improvement scheme has akeady been sanctioned by the State Government, or any other enactment lor the time being in force, nor any housing scheme made under this Act shallcontain anything which is inconsistent with any ol the matter included in a town planning scheme ol the State Government under anylaw for the time being in lorce.
19. A Housing or lmprovement scheme shall be one or combination of any two or more ol the following types or adaptation of any features thereof, namely:-
(a) supply of rooling materials to the villagers.
(b) a building scheme including colonisation scheme. Types ol
Housing or
improvemenl
Scheme.
No housing
scheme to be
made for
area included
in the
lmprovement
Scheme or
be inconsis-
tent with
town plan-
ning scheme.
Preparation and Submis- sion of
annual
Housing
Scheme.
Budget and establishment schedule to Government. Sanction to Scheme,
Budget and establishment schedule. (c)
(d)
(e)
(f)
(s)
20.(1)
206
a rehabilitation housing scheme. a city or town or village expansion scheme. a road construction or development scheme a land developmenl scheme.
a site development and service scheme.
(2)
The Chairman shall, at a special meeting to be held in the month otJanuary each year, lay before the Board the Budget ol the Board for the next financial year.
The Budget shall be prepared in such form as may be prescribed and shall:-
(a) include the housing scheme which the Board proposes to execute in whole or in part.
(b) indicate full details 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.
The Board shall consider the Budget laid before it with or without modification.
(3)
21. (1) The Budget prepared by the Board under section 20 shall be submitted to the Government for approval and the Government may approve it or return it back to the Board for making moditication as the Government may direct.
(2) When the Budget is returned to the Board by Government Ior making any modification, the Board shall make the modification and re-submit the Budget so modilied to the Government for approval.
22. The Slate Government may sanction the Budget and the schedule of officers and staff orservants fonvarded to it with such modilication as it deems fit. Placing of
Budget
before the
Board.
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207
23. The $ate Government shall publish the programme sanctioned by it under section 22 in the OlficialGazette.
24. 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 Eudget and the provisions ol section 22 and 23 shall apply to such Budget.
25. The Board may, atany time, vary any Housing Scheme or any part thereof included in the Budget as sanctioned by the State Government:
Provided thal no such variation shall be made if it involves expenditure in excess of 10per cent ol the amount as originally sanctioned for lhe execution o, that particular housing scheme included in the Budget or if it affects the scope or purpose of such scheme.
26. Alter the scheme has been sanctioned and published Sanctioned by the State Government under sections 22 and 23, housing the Board shall proceed to execute the housing scheme scheme to included in the scheme. be executed.
Belore proceeding to execute any housing scheme under section 26, the Board shall by notification publish the scheme. The notilication shall specify that the plan showing the area which is proposed to be included in the housing scheme and the
surrounding lands shall be open to inspection of the public at all reasonable hours at the office of the Board.
lf within two weeks from the date ofthe publication of the housing scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modily the scheme as it thinks fit.
Whenever any street, square or other land, or any partthereol, situated in any area ol a localauthorily and vested in the local authority, is required for the purpose of any housing scheme sanctioned
by the Slate Government, the Board shall give notice accordingly to the local authority.
Where the local authority concurs, such street, square or other land, or part thereof, shall vest ln the Board.
n.()
(2\
28.(1)
(2)
Publication of sanclioned scheme.
Supplemen- tary Budget. Variation of Housing
Scheme by the Board afler it has been sanc- tioned.
Publication of housing
scheme in
the ofiicial Gazette.
Transfer to the Board for Purposes of housing
scheme of
land vested in a local authority.
Compensa- tionin
respect ol land vested in the Board. Power of the Board to turn or close
Public Street vested in it.
(3)
(4)
a.(1) (2')
(3)
30.(1)
(2)
208
Where there is any dispute the matter shall be referred to the State Government. The State Governmenl shall, after hearing the parties, decide the matter. The decision of the State Government shall be linal. lf the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly.
Nothing in this section shall affect the righb or powers of the local authority in or over any drain or waler works in such street, square or land.
Where any land vests in the Board under the provisions ot section 28 and the Board makes a declaration that such land shall be retained by the Board only until it revesls in the localauthority as part of a streel or an open space undersection 32, no compensation shall be payable by the Board to the localauthority in respect of that land. Where any land vests in the Board under section 28 and no declaration is made under sub-section
(r) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land.
lf, in any case where the Board has made a declaration in respect of any land under sub- section frl, the Board retains or disposes of the land contrary to the terms of the declaration so that the land doesnot revest in the localauthority, the Board shallpay to the local authority compensation in respect of such land in accordance wilh the provisions of sub-section(2). The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in rt or any part thereof.
Whenever the Board discontinues the public use of, orpermanently closes, any public street vested in it or any part lhereot, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, ol the street or part thereol and pay reasonable compensation to every person
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209
who is entitled, otherwise than as a mere member of the public, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.
(3) ln determining the compensation payable to any person under sub-section (2.), the Board shall make allowance for any benefit accruing to him/ her from the construction, provision or improvement of any other public street at or about the same time thatthe public street or partthereof, on account of which the compensation 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 same as is no longer required.
31.ll thereis any dispute as to whether any compensation is payable under section 29 or section 30 or as to the amount of compensation payable under section 29 or section 30, as the case may be, the matter shall be relerred to the Tribunal.
Flelerence to
Governmenl
in case of
dispute under
sections 29
and 30.
Vesting in the
local
authority ol
streets laid
out or altered
and open
spaces
provided by
the Board
under
housing
scheme.
32. f7) Whenever the State Government is satisfied, -
(a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the scheme
sanctioned by the $ate Government under section 22 or varied undel section 25 or modified under section 27;
(b) that such lamps, lamp-posts and other apparatus as the local authority considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided ; and
(c) that water and other sanitary conveniences have been duly provided in such street ; the Sate Government may declare the street to be a public street, and the street shall thereupon vest in the localauthority and shall thencelorth be maintained, kept in repair, lighted and cleaned by the local authority.
Other Duties of the Board.
210
(2) When any open space for the purposes of ventilalion or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense ol the local authority.
(3) lt any ditlerence ol opinion arises between the Board and the local authority in respect ol any matter relerred to in the toregoing provisions of this section the matter shall be referred to the State Government whose decision shall be final.
33. (1) lt shall be the duty of the Board to take measures with a view to expedite matters and to reduce the cost olconstruction of building and the Board shall, for the purpose do all things such as :-
(a) unification, simplificalion and standardisation of building materials ;
(b) encouraging pre-fabrication and mass production of building components ;
(c) organising or undertaking the production ol building materials required for housing scheme ;
(d) encouraging research lor discovering cheap building materials and evolving new methods of economic construction ; and
(e) securing a steady and sutficient supply of workmen trained in the work of construction of buildings.
(2) The Board may provide lechnical advice to the Government and scrutinise prolects under Housing Scheme as and when required bythe Government to do so.
(3) The Board may undertake research on various problems connected with housing in general and in particular to find out the economical method ot construcling houses suited to local condition and to undertake comprehensive surveys of problems of housing.
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211
34. The Board shall, il the State Government so directs, and subject to the general control of the State Government, assume management of all or any of the lands requisitioned by or under authority ofthe State Government.
35. A housing scheme may provide, -
(a) for the formalion ot a reconstituted plot by the alteration of the boundaries ol an original plol ;
(b) with the consent of the owners that two or more original plots each ol which is held in ownership in severalty or in joint ownership shall, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot ;
(c) for the allotrnent of a plol of any owner dispossessed ol land in furtherance of lhe housing scheme ; and
(d) lor the transfer of ownership of plot from one person to another.
36.The Fovisions of section l7andseclions21 to 27 (both inclusive) shall not be applicable to any housing scheme entrusted to the Board by the Sale Govemment except to such extent and subject to such modifications as may be specilied in any general or special order made by the Sate Government and every such order shall be published in the Official Gazetle.
CHAPTER. IV
ACQUISITION AND DISPOSAL OF LAND
37. (1) Board may enter into an agreement with any person orthe State Government forthe acquisition Irom him by purchase, lease or exchange, o, any land which is needed lorthe purposes of a housing scheme or any inlerest in such land orfor compensating the owners of any such right in respect of any deprivation thereof or interference therewith:
Provided that the previous approval of the State Government shall be obtained in case ol purchase or exchange involving land worth more than rupees one hundred lakhs or lease lor more lhan five years:
Board to
assume
management
of requisi-
tioned lands.
Reconstitution
ol plots.
Schemes
entrusted to
the Board by
Sate Gov-
ernment.
Power to
purchase,
lease or
acquireland
12\
38.(1)
212
Board may, lrom such date as the State Government may appoint by notificalion in this behalf, also take steps for the compulsory acquisition ol any land or any interest therein required forthe execution of a housing scheme in the manner provided in the Land Acquisilion Act, 1894, as modilied by this Act, and the acquisition of any land or any interest lherein lor lhe purpose of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894.
When by the making of a housing scheme the value ol any land in the area comprised in the scheme will, in the opinion of the Board, be in- creased, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest lherein in respecl of the increase in value of the land from the execution ol the scheme.
(2) Such increase in value shall be lhe amount by which the value ol the land on the completion ol the execution of the scheme estimated as if the land were clearolthe buildings exceeds the value of the land prior to the execution ol lhe scheme estimated in like manner and the betterment charges shall be one-half ol such increase in value.
(3) Such betterment charges shall also be levi- able in respect of any land not comprised in the scheme but adjacent to the area com- prised in the scheme.
(4) Notwithstanding anything contained in sub- sections(1) and (3), in respect of any land used Ior agricultural purposes at the time of the execution of the schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only alter such land is used, or converted for use ,or non- agricullural purposes.
Betterment
charges.
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213
39. Subject to any rules made by the State Government under this Act, the Board may retain, lease, sell, ex- change or otherwise dispose of any land, building or other property vested in it and situatein the area com- prised in any housing scheme sanctioned under this Act, provided that the land, building or other property are not transferrable to the persons other lhan the domiciles of Arunachal Pradesh.
40. (1) The Board shall give notice in the prescribed form to any person, who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such per- son an opportunity to be heard.
(2) After hearing such person 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 lhe amount of betterment charges.
(3) Where the assessmenl o, bettermenl charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final.
(4) ll the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.
(5) The Tribunal shall, atter holding an enquiry and alter hearing the person concerned, assess the amount of the betterment charges payable by the person.
41. (1) Any person liable to pay betterment chargesin respecl of any land may athis option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as acharge on his interest in the land, subject to the payment in perpetuity ol interest at such rate as may be prescribed.
(2) Every payment due from any person in respect of betterment charges and every charge relerred to in sub-section (1/ shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage Power to dis-
pose of land.
Notice to
person Iiable
lor better
ment
charges.
Agreement
for payment
of betterment
charges.
Disputes regarding reconstitu- tion of plots. Tribunal
Duties of
Tribunal.
or charge, created either before or atter the commencement of this Act, be the lrrst charge upon the interest of such person in such land.
42. All sums payable in respect of any land by any person in respect of betterment charges under section 38 or by any person under an agreement under section 41 shall be recoverable on behall of the Board as arrears of land revenue.
43. (1) Where by the making ol a housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, the Board shall after making such inquiry as it thinks fit award to the person affected by such re- constitution or dispossession such compensation as itdeems reasonable. lfthe person is dissatisfied with the decision ol the Board in the matter, he may inlorm the Board accordingly. The Board shall lhereupon refer the matter to the Tribunal.
(2) The Tribunal shall then, after making an inquiry determine the amount of compensation and direct the Board topay the same to the person concerned.
CHAPTER - V
TRIBUNAL
44. The Tribunal shall be the District Judge having jurisdiction in the area concerned.
45. The Tribunal shall-
(a) decide whelher any compensation is payable under section 29 ;
(b) decide the amount ot compensation in matters referred lo it under section 31 ;
(c) decide disputes relating to betterment charges referred to it under section 40 ;
(d) decide disputes and the amount ol compensation to be awarded under section 43 ; and
(e) decide such other matters as may be prescribed by the rules made in this behalf.
Recovery of
betterment
charges.
214
215
46. (1) ln making enquiries the Tribunal shall have and Powers and exercise, as far as may be, the same powers and procedure follow the same procedure as under the Code of belore Civil Procedure, 1908. Tribunal.
(2) Every order made by the Tribunal for the payment of money and lor the delivery of the possession or removal of any struclure shall be enforced by the District Court as il it were the decree of the said Court.
(3) The proceedings belore the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 ol the lndian Penal Code.
47. The decision of the Tribunal on any matter relerred to Decision of it under this Act shall, subject to the provision of section Tribunal to be 48, be final. final.
48. The Board or any person aggrieved by a decision of Appeal to the the Tribunal may within three months lrom the date of High Court. the decision, or such further lime as the High Court may forsufficient cause allow appealto the High Court and the High Courtshallpass such orders on the appeal asit thinks fit.
CHAPTER.VI
POWER TO EVICT PERSONS FROM BOARO PRE.
MISES
49. (1) lf the competent authority is satisfied, -
(a) that the person authorised to occupy any Board premises has-
(i) not paid rent lawlully due from him in respect ol such premises for a period of more than two months ; or
(ii) sublet, without the permission ol the Board the whole or any part ot such premises ; or
(iii) otheMise acted in contravention of any ol the terms, expressed or implied, under which he is authorised to occupy such premises ; or
Power to
evict persons
lrom Board
premises.
Power to recover rent, loan or damages as arrears of land
revenue.
(b) that any person is in unauthorised occupation of any Board premises; the competent aulhority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy ofit on the outer door or some other conspicuous part of such premises, or 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 ofthe premises, shallvacate them within one month from the date of the service of the notice :
Provided that no such order shallbe passed unless the person has been afforded an opportunity to show cause why such order should not be made.
(2) lf any person refuses or fails to comply with an order made under sub-section f7J, the competent authority may evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary.
(3) lf a person, who has been ordered to vacale any premises under sub-clause (, or sub-clause (ir) of clause (a) of sub-section f7r, within thirty days of the date of service of the notice or such longer time as lhe competent authority may allow, pays to the Board the rent in arrears or carries out or otheMise complies with the terms contravened by him to the satislaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section(7) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.
50. (1) Subject to any rules made by lhe State Government in this behalf and without prejudice to the provisions of section 48, where any person is in arrears of rent payable in respectofany Board premises or arrears ol instalments payable in respect of any loan advanced by the Board for construction, reconslruction or repair of a house
216
(21
s1.(1) (2\
217
the competent authority may, by notice served by post or by atfixing a copy of it on lhe outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. lf such person refuses or fails topay the arrears of rent or the arrears of instalments of loan within the time specilied in the notice. such arrears may be recovered as arrears ofland revenue.
Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served by post, or by affixing a copy ol it on the outerdoor or some other conspicuous part ol such premises or in such other manner as may be prescribed, order that person to pay the damage within such time not being less than thirty days as may be specified inthe notice.ltany person refuses orfails topay the damages wilhin thetime specilied in the notice, the damages may be recovered from him as per the provisions of law.
Without prejudice to the provisions of section 49 any person, who is an employee of the State Governmentor a localauthority and who hasbeen allotted any Board premises, may execute an agreement in lavour of the Slate Government providing that the State Government or the local authority, as the case may be, under or by whom he/she is employed, shallbe competent to deduct trom the salary or wages payable to him/her such amount as may be specifiedin the agreement and to pay the amount so deducted to the Boardin satisfaction cf the rent due from him in respect of the Board premises allotted to him/her. On the execulion of such agreement, the State Government or local authority, as the casemay be, shall, if so required by the Board by requisition Rent to be
recovered by
deduction
from salary
or wages in
certain
cases.
23
218
in writing make the deduction of the amount specified in the requisition from the salary or wages ofthe employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.
Penalty
s2. (1)
(2)
s3.(1) lf any amount due undertheAct or the rules made thereunder is nol paid by any person in compliance with the orders of the competent authority, such authority may, after giving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty{ive per cent of the amount due, if it has reason to believe that the person liable topay the amount has wilfully failed to pay the same.
It the penalty imposed under sub-section (7,)is not paid within a period ol thirty days the same shall be recoverable as arrears of land revenue. Any person aggrieved by an order of the competent authority may within thirty days from the date of-
(i) the service of notice under section 49 or seclion 50 ; or
(ii) the imposition ol penalty under section 52, preferan appealto the Deputy Commissioner ol the District in which the premises ol the Board are situated or lo any other officer, as the State Government may appoint in this behalf:
Provided that the appellate officermay entertain the appeal after the expiry ol the said period ol thirty days, if he is satisfied that lhe appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred under sub-section frl, the appellate officer may stay the enforcement of the order of the competent authority for such period and on such conditions as he deems fit.
(3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
Appeal.
s4.(1)
(2)
219
Save as othen ise expressly provided in thisAct, every order made by a competent authority or an appellate officer under this chapter shall be final and shall nol be called in question in any original suit, application or execution proceedings. No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter ol which the cognizance can be taken of and disposed of by any authority, empowered by this Act or the rules made thereunder.
Finality of
orders and
bar of
jurisdiction of
Civil Courts.
CHAPTEH.VII
FINANCE, ACCOUNTS AND AUDIT
55. (1) The Board shall have ils own lund called the Board's Fund. Housing Board Fund into which shall be credlted all monies received as under:-
(a) by way of grants, donations, subventions and gilts from the central Government or any Sate Government, Local Authority or anybody or individuals for all or any of the purposes ol this Act; and
(b) by or on behalf of the Board under the provisions of this Act as all proceeds from the sale of land or any other kind of property ol the Board, all rents, interests, profits and other monies accruing to lhe Board.
(2) Except as otherwise directed by the State Government, all monies and receipts speciliedin the loregoing provisions and lorming part of the lund of the Board shall be depositedin the State Bank of lndia or in any Scheduled Bank or a Co- operative Bank or invested in such securities as may be approved by the State 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.
Explanation. -Fotthe
purposes of this section, a
Scheduled Bank shall mean a bank includedin the Second Schedule to the Reserve Bankof lndia Act, '1934.
25
Application of the
Housing
Board Fund Subventions 57. (1) and loans to
the Board.
Power of the 58. (1) Board to
bonow.
220
56. All properties, Funds and all other assets of the Board shall be held and applied by it, subject to the provisions and for the purpose of this Act.
The State Government may from time to time make subventions or advance to the Board for the purpose of this Act on such terms and conditions as the State Government may
determine.
\2)
The Board may from time lo time, with the previous sanction of the Sate Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required lor the purposes of this Act from the public or from any corporation owned or controlled by the central or any Government. Whenever the borrowing of any sum of money has been approved by the Government, the Board may, instead of borrowing such sum from or any part thereof from the public, take credit from Bank or financial institution owned or controlled by the central or any Government on cash-account to be kept in the name ofthe Board may the previous sanclion of the Government, mortgage all or any ol the properties vested in the Board as security lor such credit.
(3) For the promotion and execution ol any Housing Scheme, the Board may, enter into financial institutions' arrangement with Life lnsurance Corporation of lndia (LlC), any Bank or olher financial institutions approved by the Government, subject to such conditions and limitations as may be prescribed and with the previous approval of the Government.
(4) The Board may, out of ils funds, grant loans and advances on such terms and conditions as it may delermine, to any cooperative society registered under the Cooperative SocietyAct orto any other person for construclion of houses, subject to the provision ol this Act as may be prescribed.
26
221
59.The $ate Government may guarantee in such manner and subject to such conditions as it may think fit, the repayment of the principal including interesl ol any loan borrowed and debentures issued bythe Board, provided that every debenture shall be signed by the Chairman and the Housing Secretary.
60. (1) The financial sanctioning power of the Chairman of the Board shall be at par with the sanctioning power of Development Commissioner (Finance), in the Slate Government ol Arunachal Pradesh as delegated from time to time, beyond which shall be sanctioned by the State Government.
(2) Where, in the opinion of the Board, circumstances of extreme urgency have arisen, the Board may incur in any recurring expenditure not exceeding rupees one lakh and non-recurring expenditure not exceeding rupees live lakhs notwithstanding that such expenditure has not been included in the Budget or supplementary Budget sanctioned by the State Government or the varialion of the scheme made under section 25.
(3) Where any expenditure is incurred by the Board under the circumstances of extreme urgency as provided in sub-section (2,), a report thereon indicating the source lrom which the expenditure was made shall be sent lo the Government, as soon as practicable, for approval.
(4) The Board may, within the budget sanctioned by the State Government, approve appropriation not exceeding such amount as may be prescribed from one head to another and from one minor head lo anolher under the same major head and submit a statement of such re-appropriation to the State Government.
61. (1) The Board shall cause to be maintained proper books ol accounts and such olher records as the rules made under this Act may require and shall prepare in accordance wilh such rules an annual statement of accounts for each financial year. Guarantee
by the
Government
Sanctioning
power ol
Chairman
and expendi-
ture in case
of urgency,
etc.
Accounts and
Audit.
222
Concurrenl and special audil ol accounts. Transfer of assels and liabilities.
(21
(s)
(4)
62.(1)
(2)
63.(1)
The accounts ol the Board shall be audited annually by such auditors or Charter Accountants to be appointed by the Board.
As soon as the accounts of the Board have been audrted, the Board shall send a copy thereol together with a copy of the report of the auditors to the State Government; and shall cause the accounts to be published in the Oflicial Gazette within 31s'July every year.
The Board shall comply with such directions as the State Government may, after perusal of the report ot the auditors, think fit to issue. Notwithstanding anything containedin section 61 the Sate Government may order that there shall be concurrent audit of the accounts of the Board by such person as il thinks fit. The State Governmentmay also direct a special audil ot the Board relating to any particular kansaction or a class or series of lransactions or to a particular period.
Where an order is made under sub-section(1), lhe Board shall present or cause to be presented Ior audit such accounts and shall lurnish to the person appointed under sub-section (r) such informalion as the said person may require forthe purpose ol audit.
The State Government may transferto the Board, building, land or any other property, movable or immovable,lor use and management by the Board on such condilions and limitations as the Sttate Government may deem fit, lor the purposes of this Act.
(2) The State Governmenl may transfer to the Board such schemes or works in progress, with all their assels and liabilities as are run or managed by the State Government, subject to such conditions and limitations as the State Government may deem lit to impose for the purposes ol this Act.
223
CHAPTER - VIII
MISCELLANEOUS
64. The Board shall, belore such date and in suchform and at such intervals as may be prescribed, submit to the State Government a report on such matters as may be reouired, and the Slate Government shall cause sucl report to be published in the Official Gazette and every such report shall be laid before the House of tre State Legislature as soon as itis published.
65.The Board $all also submit to the State Government such statiSics, returns, particulars, documents, statements or papers in regard to any proposed or existing horsing schemes or relating to any matter or proceedinp connected with the working of the Board at such tines and in such forms and manner asmay be prescrbed or as the State Government may, from time to tine direct.
66. NotwithsBnding anything contained in this Act, the Board nay undertake construction of building of the Governnent, a local Authority, or a Corporation or underta{ng owned or conrolled by the Government or a cooperative society subject to such terms and conditDn as may be agreed upon in pursuance of contrat.
67. (1) Vith a view to satisfy itsell, that the powers and drties ofthe Board are being exercised performed foperly, the Government may, at any time, ap- joinl any person 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 the person or persons so appointed all the facilities lor proper conduct of enquiries and shall produce belore the person or persons all documents, books and accounts and other inlormalion required or possession ol the Board which person or persons callforthe purpose ol the enquiries.
68.The Chairman or any person eilher generally or specially authorised bythe Chairman in his behallmay, with or without assistanls or workmen, enter into or upon any land, in order-
(a) to make any inspection, survey, measurement, valuation or inquiry ;
Report.
Satements
and returns.
Power of the
Board to
construct
buildings.
Power to
order enqui-
ries.
Po,ver of enfy.
(b) (c) (d) (e)
224
to take levels :
to dig or bore into the sub-soil ; to set boundaries and intended lines ol work ; to make such levels, boundaries and lines of works and cutting trenches i or
Notice of suit
against the
Board.
(f) to do any other thing, whenevs it is necessary to do so, for any of the purposes of this Act or any rules made or scherne sanctioned thereunder:
Provided that-
(i) no such entry shall be made betv€en sunset and sunrise;
(ii) no dwelling house and no public luilding which is used as a dwelling place, shall te so entered, except with the consent of the occJpier lhereof, and without giving the said occtoier at least twenty-four hours previous written rotice ol the intention to make such enlry ;
(iii) sufficient notice in every instance shlll be given, even when any premises may olherwis€be entered without notice, to enable the inmabs ol any apartment occupied by women tc remove
themselves to some part of the premies where their privacy will not be disturbed:
(iv) due regard shall always be had, so faras may be compatiblewith the exigencies of the prrposes for which the entry is made, to the socal and religious usages ofthe occupants of the prtmises entered.
69. No person shall institute any suit against the Boad or against any officer or servant of the Board orany person acting under the orders of the Board,for anything done or purporting to have been done in pursuance of this Act, without giving lo the Boad, oflicer or servant or person concerned two montts' previous notice in writing of the intended suit and 'lthe cause thereof, nor after six months from the dah of the act complained of.
30
,)q
70. The Board shall triennially have a valuation ofits assets and liabilities made by a valuer appointed with the approval of the State Government :
Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.
71. All members. olficers and servants of the Board shall be deemed, when acting or purporting to act in pursuance ol any of the provisions of this Act, to be public servants within the meaning of section 21 of the lndian Penal Code.
Triennial
valuations ol
assets and
liabililies of
the Board.
Members,
Ofiicers and
servants ol
the Board to
be public
servants.
72. The Government may give the Board such directions as in lhe opinion are necessary or expedient to carry out the purposes ol this Act the Board shall comply with such directions.
Power ol
Government
to give dkec-
tions to the
Board.
73. (1) lf the Government is satisfied that the Board has delaulted in performing duty on it by or under this Act, it may lix a period lor performance ot that duty.
(2) lf 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 re-constitute the Board in the prescribed manner.
(3) On supersession ol the Board and until it is re-constituted, the powers, duties and lunctions of the Board shall be carried out by the Government or by such officer or Olficers it may appoint for this purpose.
74, The Board may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power lo make regulalions, may also be exercised by the Chairman.
75, (1) The State Governmenl may, by notilication and subject to the condition of previous publicalion, make rules for carrying out the purposes of this Act.
Delegation ol
Power.
Delault in
performance
of duties and
supersession.
Power to
make rules.
31
226
(2) ln particular and without preludice to the generality of the foregoing powe( such rules may bemade for all or any ol the following purposes, namely :-
(a) the honorarium, allowances and conditions of service of members under section 5 ;
(b) the manner and lorm in which contracts shall be enlered into under seclion 15 ;
(c) the lorms ofannualhousing schemes, budget and schedule of staff and olficers and other particulars to be contained in the scheme under section 21 and 22 ;
(d) lhe manner ol publication ol housing schemes included in the Budget ;
(e) the procedure lo be lollowed in taking possession of any Board premises ;
(f) the conditions subject to which the Board may borrow any sum under section 58 ;
(g) the rate of interest under section 42 ;
(h) the manner in which damages under section 50 may be assessed ;
(i) the manner in which appeals may be prefened under section 53 and the procedure to be followed in such appeals ;
0 the mannerof preparation, mainlenance and publication ol accounts under section 61 ;
(k) submission ol reports, returns, etc. under section 64 and 65;
(l) the time at which and the form and manner in which statistics, returns, particulars and statement shall be submitted under section 65;
(m) the manner in which the Board shall be superseded and reconstituted under section 73;
(n) specifying the byelaws contravention ol any of which shall be an offence ; and
(o) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of state Legislature while it is in session for a total period ol ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessionin which it is so laid or lhe successive sessions aloresaid, the House agrees in making any modification in lhe rule or the House agrees that the rule should not be made, the rule shall thereafter have eftect onlyin such modified form or be of no effecl, as lhe case may be; so however, that any such modilication or annulment shall be without prejudice to the validity of anything previously done under that rule.
76. The Board may, from time to time wilh the previous sanclion ofthe State Government by notification, make regulations consislent with this Acl and with any rules made thereunder, -
(a) for the management, allotment, use ol buildings, lenements, hutmenb and premises conslructed under any housing scheme;
(b) the principles to be lollowed in allotrnent of tenement and premises; and
(c) for regulating its procedure and the disposal ol its business.
(d) tor the remuneration and conditions of services of the officers and employees appointed by the Board.
(e) for delegation ot financial power to the Chairman and Housing Secretary and other Officers. z. (1) The Board may make bye-laws, not inconsistent with thisAct and the Rules and Regulations made thereunder, which may be necessary or expedient for the purpose of carrying out its duties and functions.
(2) No byelaws made by the Board shall come into force until it has been confirmed by the State Government wilh or without modification. Power to
make Regula-
tions.
Power to
make bye-
laws.
33
Penalty for contravenlion of bye-laws. Penalty for obstructing etc.
Authority for prosecution. Registration 81 of documents executed on behalf of the Board.
228
(3) All byelaws made under this section shall be published in the Olficial Gazette.
(4) A byelaw made under this section may provrde that a contravention thereol shall be an oflence.
78. Whosoever conlravenes a bye-law made under section Z7 the contravention of which is prescribed as an offence shall, on conviction by competent court not below the rank of first class Judicial l\.4agistrate, be punished with imprisonment lor a term which may ' exlend to one month or with fine which may extend up to rupees five thousand or with both.
79. lt any person-
(a) obstructs any person with whom the Board has entered into a contract, in the performance or execution by such person ol his dutyorof anything which he is empowered or required to do under lhis Act ; or
80
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act; he/ she shall, on conviction by competent courtnot below the rank of first class Judicial Magistrate, be punished with imprisonment lor a term which may extend to one month or with fine which may extend up to rupees five thousand or with both. Unless otherwise provided, no court shall take cognizance of any olfence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by generalor specialorderon this behalf. (1 ) Notwithstanding anything contained in the Indian Flegistration Act, '1908 (Central Act XVI of 1908), it shall not be necessary for the Chairman to appear in person or by agent at any registration oflice in any proceeding connected with registration of any instrument executed by him in his official capacity on behalt ol the Board or to sign as provided in section 58 of that Act.
34
229
(2) (a) Where any instrument is so executed, the regrstration olficer to whom such instrument is presented lor registration may, il he thinks fit, refer to the Chairman for information respecting the same, and on being satisfied ol lhe execution thereol, shall register the instrument.
(b All liabilities enlorceable against the Board shall be enforceable against the State Government.
82. No suit, prosecution or legal proceedings shalllie against any person for anything which is in good faith done or purported to be done under this Act.
83. (1) Save as otheruise expressly provided in any other provision of this Act, an appeal shall lie from an original or appellate order of any officer of the Board or the Chairman under this Act or any rule or regulation made thereunder-
(a) to the Chairman when the order is made by any officer of the Board ;
(b) to the Board when the order is made by the Chairman.
(2) Every such appeal shall be prelerred within a period of thirty days of the date of communica- tion of the order:
Provided that the Chairman orthe Board, as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is considered that the appellant was prevented by sutficient cause from filing the appeal in time.
84. The Government may either suo motu or on an application ol a party, call for and examine the record of any proceedings or decision or order passed by the Board, Chairman, or Otficer olthe Board orcompetenl authority or Depuly Commissioner or any other officer appointed by the State Government for the purpose of satistying itself as to the legality or propriety of any decision or order passed and if in any case it shall appear to lhe Government that any such decision or order should be modilied, annulled or revised, the Government may, after giving lhe persons affecled lhereby an opportunity ol being heard, pass such order lhereon as it may deem f .
lndemnity
Appeal.
Revision.
Dissolution of 85 the Board.
Removal of
difficulties.
230
(1) The State Government, if it is satisfied that in public interest it is necessary to do so, may by notification in the Official Gazette dissolve the Board with effect from such date as it may be specilied in the notification:
Provided thal no such declaration shall be made by the State Government unless a resolution to that elfect has been moved in and passed by the Arunachal Pradesh State Leg is latu re.
(2) On dissolution of the Board under sub-section (1), all properties, funds and dues which are vested in and realisable by the Board shall vest in and be realisable by the State Government ;
(3) Nothing in this section shall afiect the liability of the State Government in respect of loans or debentures guaranteed under section 59.
86. (1) If any difficulty arises in giving effectto the provisions of this Act, in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of
this Act, the State Government may by notification make such provisions as appearto it to be necessary or expedient for removing the difficulty.
(2) lf any difficulty arises in giving eflect to the provisions ol this Act otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act, the State Government may by notification make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. Onit Panyang, IAS
Secretary to the
Government of Arunachal Pradesh,
Itanagar.
36