BILL NO. 3 OF 1981
2' t,"
/'
THE MANIPUR STATE HOUSING BOARD BEL, 1981
{As passed by the Legislative Assembly, Manipur on 31-7-81)
A
BILL
t0 gjz'mide for measures to be taken to deal with and satisfy the need of housing accommaa'alion. Be it enacted by the Legislature of Manipur in the Thirty-second Year of the Republic of India as follows:
CHAPTER—I
PRELIMININARY
3. (1} This Act may be called the Manipur State fgggtfli Housing Board Act 1981. figinmw
(2) It extends to the whole of the State of Manipur. (3} It shall be deemed to have come into force on I the Ist day of April, 1981.
2. In this Act, unless the context otherwise requires— Definitionsc.
(a) "betterment charge" means the charge declared to be payable under section 42in reSpeet of an increase in the value of land resulting from the execution of a housing or improvement scheme; '
(13) "Board" means the Manipur State Housing Board censtituted under section 3;
1
(d) *(e) (f) (2;) it:h) '(j)
(1)
(m)
2
"Board Premises" means any premises belonging to, or vesting in the Board, or taken on 16338 by the Board or any premises which is entrusted to or in the possession or control of the Board for the purposes of this Act;
"Building meterials" means such commodi— ties or articles as are specified to be building materials for the purposes of this Act by the State Government by notification in the- Manipur Gazette;
"Committee" means any committee appointed under section 16;
"Competent Authority" means any person or authority Authorised by the Government, by notification, to perform the functions of the competent Authority under Chapter (V) for such area as may be specified in the notification;
"Government" means the State Government;
"Chairman" means the Chairman of the Board;
"Housing Scheme" means Housing Scheme made under this Act;
"Land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
"Member" means Chairman and other members of Board;
"Prescribed" means prescribed by rules made under this Act; '
"Premises" means any land or building or part of a building and includes—
2
3
(i) the garden, grounds and out houses, if any, appertaining to such building or part of building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(n) "Regu1ations" means the regulations made under this Act;
(0) "Rules" means the rules made under this Act;
(p) "Tribunal" means the Presiding Officer, Revenue Tribunal, Manipur.
(q) "Year" means the financial year; and
(r) "Zila Parisad" has the same meaning as defined in the Manipur Panchayati Raj Act, ,
1975.
(s) "District Council" means the District Council constituted under the Manipur District Council (Hill Areas) Act, 1971 (1 of 1971);
(t) "Small Town" means the Small Town declared under sub-section (1) of section 219 of the Manipur Municipality Act, 1976 (Manipur Act 3 of 1976).
CHAPTER-II
ESTABLISHMENT OF THE BOARD
3. (1) The State Government shall, by notification in the Manipur Gazette, establish for the purposes of this Act a Board by the name of the Manipur State Housing Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both movable and immovable and to contract and do all things necessary for the purpose of this Act;
[new
tions.
{'01: Sfimtinia er: the Beam.
4
(3) For the purposes of this Act and the Land Acqui- sition Act, 1894, the Board shall be deemed to be a local authority:
Provided that for the removal of doubt, it is hereby declared that the Manipur Land Revenue and Land Reforms Act, 1960, shall not—
(a) apply to any land or building belonging to or vested in the Board;
(b) apply as against the Board to any tenancies or other like reiationship created by the Board in respect of such land or buiiding; Provided further that the Manipur Land Revenue and Land Reforms Act, 1960 shall apply to any land or buit— ding let out in favour of the Board.
4. (l) The Board shall consist of a Chairman, appoim ted by the Government, and the following members?
namely:—
(i) Three members to be nominated by the State Government from amongst the members of the Manirur Legislative Assembly;
(ii) Secretary to the Government of Manipun Tribal Welfare Department;
(iii) Secretary to the Government of Manipun Finance Department;
(iv) Secretary to the Government of Manipun Revenue Department;
(V) Secretary to the Government of Manipur, Local Setf Government Department; (Vi) Secretary to the Goverhment of Manipur, Law Department or 1118 representative; (Vii) Chief Engineer, Public Works Depart-- ment, Manipur;
(viii) Chief Engineer, 'Public Health Engine; ering, Manipur;
(iX) Chief Town Planner, Manipur; and
(X) Senior Architect, Manipur; (Xi) Chief Engineer (Electricity) Department, Manipur;
4
5
(2) The State Government may, by notificatiOn in the manipur Gazette, remove from ofiice the Chairman or any other member who in the opinion of the State Gover n—
ment has been guilty of any misconduct or negligence or has so abused his position as to render his continuance as
member detrimental to the interest of the Board or th e
general public ;
Provided that no person shall be so removed from efice unless he has been given an opportunity to show cause against his removal.
5. The State Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the State Govern- ment appoints to act for the Chairman during such absence or leave shall, while so acting, be deemed for- all ?mrgeses of this Act to be the Chairman. - 5., (1) A person shall be disqualified for being appointed or continuing as the Chairman or member of the Board, if he—
(a) holds any oflice of profit under the Board, ('0) is of unsound mind,
(1:) in an uncertificated bankrupt or an undis— eharged insolvent,
(d) has directly or indirectly by himself or by any partner, any share or interest in any con— tract with, by or on behalf of the Board, or {e} is a Director or a Secretary, Manager or other salaried ofiicer of any inco rporated company which has any share or interest in any con- tract With, by or on behalf of the Board, or
(f) has been or is convicted of any offence involving moral turpitude. '
Leave of
absence of
Chairman.
Disqua'ifi-
cation for
appointment
of Board.
Term of Office and conditions of service of Chairman and member.
6
(2) A person shall not, however, be disqualified underclause (d) or (e) of Sub-section (1) or be deemed to haveany share or interest in any contract within the meaningof these clauses, by reason only of his or the incorporated company of which he is a Director, Secretary, Manager orother salaried officer having a share or interest in any newspaper in which any advertisement relating to theaffairs of the Board is inserted.
(3) A . perSon shall not also be ' disqualified undercla use (d) or (e) of Sub—section (1) 01" "be 'ae'emed tothaveany share or interest in any incorporated company" Whichhas any share or interest in any contract or employment with by or on behalf of the Board; by reason enly'of hisbeing a shareholder of such company»:
Provided that such person discloses to the State Gotten;-ment the nature and extent of the shares held by him.
7. (l) The Chairman and every other member (notbeing an ex-oificio member) shall hold oflice fer a periodof three years from the date of his appointment as Chair-man or other members as the case may be; Provided that the State Government may extend thesaid period by a further period not exceeding one year;
Provided further that after the expiry of the period ofhis appointment a person shall be eligible for re-appoint—ment as Chairman or member:
Provided further that no person shall be appointed asChairman for more than three consecutive tenns.
(2) Every member shall receive such allowances asmay be prescribed.
(3) The Chairman may hold office in any honorarycapacity or on payment of remuneration. If any remune-ration is to be paid to the Chairman, such remuneratianand other conditions of service shall be such as may beprescribed.
(4) The aIIOWances to the members and the remune- ration, if any, to the Chairman shall be paid {mm the tuna of the Board.
6
3. If a member:
becomes subject to any of the disqualifica- tions mentioned in section 6;
(b) tenders his resignation in writing to the State
Government, or
(c) is absent from three, consecutive meetings without the permission of the Board, he shall cease to be a member.
9. Any vacancy in the membership of the Board
7shall be filled in as early as practicable:
Provided that during any such vacancy th e continuing
members may act as if no vacancy had occured.
10. No disqualification of, or defect in the appoint-
ment, of any person acting as' Chairma m or a member of
the Board shall be deemed to Vitiate any a ct or proceeding
-ef the Board, if such act proceeding is othe rwise in accor-
dance with the provisions of this Act.
11. If any member of the Board othe r than the
>Chairman is by infirmity or otherwise rendere d tempora-
Iity incapable of carrying out his duties or is absen t on leave
«01' otherwise not involving the vacation of his appointment,
the State Government may appoint anothe r person to
r-etficiate for him and carry out his functions und er this Act
eat any rule or regulation made thereunde r.
12. (l)' The Board shall have such officers and employees as the Board may cousider nece ssary for the
efficient performance of its function:
Provided that the Board shall not appoint any o
fficer
in the scale of pay the maximum of which exce
eds one
thousand and two hundred rupees a month withou
t obtai-
ning the previous sanctiOn of the State Governme
nt.
(2) The Board shall have power to create any post on its establishment: '
Privided 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 san ction
ef the State Government.
Vacancy of'
a member.
Vacancy to
be filled as
early as
practicable.
Proceedings
presumed to
be valid.
Temporary
absence of
members.
Appointment.
of officers
and emplo—
yees and
creation of
posts.
7
Conditions of service of roflicers & employees. Preparation and mainte- nance of
schedule of establish~ ment.
General dis~ qualification of all officers and emplo- :yees.
Appointment ofcommittee.
13. The remuneration and other conditions of"
service of the officers and employees of the. Board shalh be such as may be determined by regulations.
14. Before the first day of May of every year, the- Board shall prepare and maintain a schedule of establish—ment as on the first day of April of that year showing—
(i) the number, designations and grades anti scales of pay of the otficers and employees, (other than the employees who are paid by the clay or whose pay is charged to temporary"
work), whom it considers necessary and pro~ per to employ for the purposes of this Act; the amount and nature of the salary, fefi and allowances to be paid by the Board to:
each officer or employees;
(ii)
the amount to be paid by the Board towards:
leave salary pension, provident fund or any other purpose in respect of each such ofiicer or employee.
(iii)
15. No person who has directly or indirectly by"himself or his partner or agent any shares or interest inany contract, by or on behalf of the Board, otherwise.»than as an officer or emplOyee thereof, shall become orremain an officer or employee of the Board.
16. (1) Subject to any rules made in this behalf;the Board may from time to time appoint one Or more Committees for the purpose of , securing the efficient"discharge of its functions, and in particular for thepurpose of securing that the said functions are exercised.with due regard to the circumstances and requirementsof particular local areas.
(2) Any Committee appointed under Sub-seetion (1}shall meet to discharge the functions assigned to it in-sueh manner as may be directed by the Board.
8
I7-
9
CONDUCT OF BUSINESS
The Board shall meet from time to time and .Meeting of shall make such arrangement s With respect to the day, Be am.
time, notice, management and ad journment of its meetings as ittln'nks fit, subject to the fol lowing provisions, namely:
18-
(a) an Ordinary meeting shall be held once at
least every two months and fiv e members
shall form the quorum;
(b) the Chairman, may whenever he thinks fit,
call special meetings;
(c) every meeting shall be presided over by the
Chairman and in his absenc e, by any
member chosen by the meeting to preside'
for the occasion;
(d) all questions at any meeting shall be decided
' by a majority or the votes of the members
present and in case of equality of votes, the
person presiding shall have t he right to
exercise a second or casting v ote;
(e) the minutes of the pro ceedings of each
meeting shall be recorded in a book to be
provided for the purpose.
(1) The Board may associate With itself, any Tempomy person whose assistance or advice it may desire for association
. . .
f
mto effect any of the prov1s.1o ns of this Act: 3"???"
for particular
Provided that the number o f persons so associated 9mm"
shafl not be more than three. (2} Aperson associatedWi th the Board under sub- section (1) for any purpose shall have the right to take part in the deliberations of the Board relevant to th at
nurygrose,
(3)
but shall not have the right to vote.
The State Government may, by order, depute its representatives to atte nd any meeting of the Board and to take part in the deliberations of the Boa
rd, on
such items or subjects as
the State Government m
ay
specifiy but such represen
tatives shall not have th
e right
to vote.
9
Power to - make con- tract.
Ex ecution of contract. Delegation of Board's power to
sanction
contract. Further pro- visions as to execution to contract.
10
CONTRACTS r
J
19. The Board may enter into and perfom all such contracts as 1t may consider necessary or expedient for:
carrying out any of the purposes of this Act.
20.
(b)
(1)
the Board by the Chiarman :
Provided that—
(a) no contract involving an expenditure of rupees Every contract shall be made on behalf of twenty lacs and more shall be madewithout the previous sanction of the State Government ; no contract involving an expenditure of five thousand rupees and more yshall, subject to clause (a) above, be made without the previous g sanction of the Board. , é
(2) Sub-section (1) shall apply to every variation or ' abandonment of a contract or estimate as well as to an i original contract or estimate.
21. Subject to any rule Which the State Government may, make in this behalf, the Board may, by order direct * that the power conferred on it under section 20 to sanction I a contract shall be exercised by the Chairman or any other officer specified by it in the order.
22. (1) Every contract by the Chairman on beha-if 2 0f the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed.
(2) A contract not executed as provided in this see. tion and the rules made thereunder shali not be binding:
on the Board.
Provided that nothing provided in subsections (1} and
(2) above in regard to the manner and form in Whi ch the g
contracts are to be signed by the Chairman on behalf of the 2 Board shall be applicable in respect of cantracts 10 be en-x teredinto With institutions like Housing and Urban Deve- 30pment Corporation Limited (HUDCO), {a Government of India Ente: prise), New Delhi and intespect of such?
contracts, the Board is competent to sign as pet t he form 2
prescribed by HUDCO.
'
10
11
CHAPTER III
HOUSING SCHEMES
23. (1) Subject to the provisions of this A ct and
subject to the control of the State Government th e Board
may, from time to time incur expenditure and un dertake
"works in any area in which this Act is in force for the
framing and execution of such housing sc hemes as it may
(«censider necessary.
(2) The State Government may, on suc h terms and
«conditions as it may think fit to impose, e ntrust 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 frami ng and execu—
tion of such scheme as if it had been provi ded for by this
. cf.
(3) The Board, on such terms and condition s as may
"be agreed upon and with the previous approva l of the
State Government, take over for executing any housing
--scheme on behalf of a local authority or co-operative
society or on behalf of an employer when the houses are
to be built mainly for the residence of his empl oyees, and
the Board shall eXecute such scheme as if it h ad been pro-
vided for by this Act.
24. Notwithstanding anything contained in any ot her
hw for the time being in force, a Housing Sch eme may
provide for all or any of the following matters, n amely :—
(a) the acquisition by purchase, exchange or o ther-
wise of any property for necessary or affec ted
by the execution of the scheme;
(b) the taying 0r relaying out of any land com-
prised in the scheme;
(0) the distribution or redistribution of site
belonging to owners or property comprise d
in the scheme; v
(d) the clesure or demolition of dwellings o r por-
tions of dwetlings unfit for human habitation;
(e) the demolition of obstructive buildings or por- tions 0; buildings;
Power &
duties of
Board to»
undertake:
Housing
Schemes'
Mattersxoim
provided fan:
by Housing
Scheme.
(f> (g) (h) (j) (k)
(1)
(m)
(D)
(p) (q) (r)
12
the construction and reconstruction of buiI-~ dings;
the sale, letting out or exchange of any pro, petty comprised in the scheme;
the construction and alteration of streets ands back lanes;
provision of the draining, water supply and".
lighting of the area included in the scheme:
the provision of parks, playing fields and open... space for the benefit of any area comprised im the scheme or any adjoining areas and the env- largement and improvement of existing parks, playing-fields, open spaces and approaches ; the reclamation or reservation of lands for markets, gardens, playing-fields, schools dis-r pensaries, hospitals and other amenities in tha~ scheme;
the letting out, management and use of the' Board premises ;
the provision of sanitary arrangement required"
for the area comprised in the scheme, including:
the conservation and prevention of any injury or contamination to rivers or other sources». and means of water supply ;
the provision of accommodation for any class of inhabitants ;
the advances of money for the purpose of the. scheme ; v
the provision of facilities for communication; and transport ;
the collection of such information and statistics, as may be necessary for the purpose of this Act ;
any other matter for which in the opinion of"
the State Government, it is expedient to make provision with a View to provide housing accom—- modation and to the improvement on develop—- ment of any area comprised in the scheme»- or any adjoining area or the general efliciency?"
of the scheme.
12
13
EXPLANATION : For the purposes of this section the State Government may, on the recommendation of the Board, by notification in the Manipur Gazette, specify such areas surrounding or adjoining the area included in a housing scheme to be the adjoining area.
25. '(1) No hOusing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under any enactment for the time being in force for the constitution of a municipal corporation for any area in the State to which this Act extends, nor any Housing Scheme made under this Act contain anything which is inconsis- tent with any of the matters included in a Town Planning Scheme sanctioned by the State Government under the Manipur Town and Country P1anning.Act,l975 or in any town planning scheme duly made by or under any corresponding law for the time being in force.
(2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any such enactment as aforesaid or contains anything inconsistent with any matter included in Town Planning Scheme sanctioned under the Manipur Town and Country Planning Act, 1975 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.
26. (l) The Chairman shall, at a special meeting to be held in the month of February in each year, lay before the Board a budget of the Board for the next year.
(2) Every such budget shall be prepared in such form as may be prescribed and shall make provision for—
(i) the housing schemes which the Board proposes to execute whether in part or whole during the next year;
(ii) the due fulfilment of all the 1iabi1ities of the Board, and
(iii) the eflicient administration of this Act, and shall contain a statement showing the esti- mated receipts and expenditure on capital and revenue accounts for the next year and such other particulars as may be prescribed.
No Housing
Scheme to be
made for area
included in
an improve-
ment Scheme
or be incon-
sistent with '
Town Plan-
ning Schemes
Submission
of budget
to Board.
Board's sanction to budget.
Submission of sanetiened budget to State Gove . a ment for.
Supplemen- tary budget. Publication and execu- tion of
housing
schemes.
VariatiOn of housing
schemes.
Tzansfer to the Board
for purposes of housing scheme of
land rested in a Corpo- ration, Mu- nicipality or Zfla Pari-
shad.
14
27. The Board shah con sider the budget laid. before it limiter the 1ast pr eceding section and sancti on it
with or without modifica tiom
.0 if v vv v1, wiii
'- o a:13 time at
get the
ment may :2 ~-
as sanetiehed by the Board or return it: the— Board tor making such modifications t 1
e
therein as e State Government may deem fit.
(2) Where a budget is returned to the Board by the
State Government for making any modification therein the Board shail forthwith mak e such modifications and submit the budget as so modifie d to the State Government, which may then approve 1t.
29. The Chairman may, at any t ime during the year
for which a budget has be en approved by the State Government, lay before the Boa rd a supplementary Budget and the provisions of sections 26, 27 and 28 shall apply to such supplementary bu dget.
30. After the budget is approved b y the State Govern-
ment, the Board shall cause the housing schemes, in reSp ect of which provision is made in the budget, to be published in the Manipur Gazette in such m anner as may be prescribed, and proceed to execute the n ew schemes.
31. The Beard may at any time vary and. hanging scheme or any 33art thei'eet t eingea in the budget approv ed
by the State Governmeht:
nghui i
: w
t . 3 ;' :2
rtw/itiee \ l .
:2. =1 e Mihahe it i".
'
2.7.» ." 1 eeiit at the 3 1 3m
3y "116 mate
?'fi}21"1
f; :"11'451
x; v.1 P
46-25.11L1Vu
A
=3: ethet iand, 3r ahy 33am 0f :2 Corpora- tion, tiuhieipaiih 0r Ziia ?arish' er. vested in the Corpcration, Municipaiity or Zila Parishad constituted therefore, is requireci for the purpose of any housing scheme included in the budget approved by the State
Government, the Board shall give notice accordingly to
the Corporation, Municipality, District Council, Zila
Parishad or Small Town as the case may be.
14
15
'shad CO'iCiEi'SS, such stree t, square er other 1ahd, 0
17
q :. t" beam. {2) Where the Cerporatioe, Municipality or Zila 3 _1
W5. :30 3:3/331
'1'!" 3
:22: 51112111 L
it, 1:11:11. 11 xiii:
"es that such street, squ are or 1211111, or ' . €016,
3
he.) 1v
(4) Nothing in this section s hall affect the right or powers of the Corporation, Munieipaiity pr Ziia Parish ad
in or over any drain or w ater works in such street s,
square or land.
3 33. (1) Where any land V ests in the Board under the provisions of section 32 and the Board makes a declaration that such land sha ll be retained by the Board only until its revests in the Cor poration, the Municipality or the Zila Parishad, as part of a street or open space
under section 36, no compensat ion shall be payable by the Board to the Corporation, the Municipality or the Zila Parishad, as the case may be, in respect of that iand. {2) Where any iand vests in the Board under section 32 and no declaration is made under sub—seetion (1) in_ respect of the land, the Board S hah pay ta the Corporation, the Municipahty 01' the Ziia Pari shatt, as the Case may
4L1 . _ 3'
1:. e :1e yaiae 01 "114''3"""'. (VW'O '1'711';
1
e- .. DC, as careehsate 3
W11:
3-41 (1) The Board may amt"
divert, discontinue the public use of, or permanent iy eiese, any public street vested in it or any part thereef
.
(2) Whenever the Board discont inues the public use
of, or permanently closes, any public street vested in it ah vest in the Bean"! it shah ves t aecm'dmgly.
Compensa-
tion in res-
pect of land
vested in the
Board.
Power of
Board to turn
or close
public street
vested inii.
Reference to Tribunal in case of dis- pute under section 33 or
34.
Vesting in Corporation, Municipality 0r Zila Part- shad, of
street iaid out or altered and open
space provi- ded by the Board under Housing
Scheme.
16
or any part thereof, it shall, as far as practicable provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as mere member of the public, to use such street or part as a mean of access and has suffered damage from such discontinuance or closing.
(3) In determining the compensation payable to any person under sub-secti0n(2) the Board shail make allowance for any benefit accruing to him from the construction; provision or improvement of any other public street- at or about the same time that the public street or part thereof, 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 said 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 amount 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 leveiied, paved, metaiied, 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 appa- ratus as the Corporation, the Municipality or Zila Parishad, as the "case may he, 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 State Government may declare the street to be public street and the street shall there- upon vest in the Corporation, Municipality or Zila Parishad, as the case may be, and
16
173
shall thenceforth be maintained, kept i n
repair, lighted and cleaned by the Corpora- tion, Municipality or Zila Parishad.
(2) When any open space for purpose of vent ilation
or recreation has been provided by the Bo ard in executing
any housing scheme the Board may a t its option by
resolution transfer such open space to th e local authority
concerned on completion of the scheme a nd thereupon
such open space shall vest in, and be ma intained at the
expense of the local authority:
Provided that the local authority may req uire the
Board before any such open space is so transferred to
enclose, level, turf, drain and lay—out s uch space and,
provide footpaths therein and if necessar y to provide
lamps and other apparatus for lighting it.
(3) If any difference of opinion arises bet ween the
Board and the Corporation, Municipality or Zila Parishad
in respect of any matter referred to in the foregoing
provisions of this section, the matter shall be referred
to the State Government whose decision sha ll be final.
37. (1) It shall be the duty of the Board to take
necessary measures to maintain, allot, lease or otherwise
use the Board premises and to collect rents, compen sation
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 State Government to do so;
(ii) undertake research on various problems con- nected with housing in general and find out in particular the economical methods of cons- tructing houses suited to local conditions ;
(iii) undertake comprehensive surveys of problems of housing ;
(iv) grant loans to individuals or body of indi— viduals 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 manner and in such procedure as may be prescribed ; Other duties
of the Board.
Md to msmne magnum ofrequisi- tioned lands. lcconstim- tion of plots. Power to
exempt
schemes from provisions of sections 26 to 31.
ponding law for the time
18
(v) do all things for—
(a) unification, simplification and standar-
disation of building material s ;
(b) encouraging pre-fabricati on and mass
production of house compon ents ;
(c) organising or undertaking t he production
of building materials for res idential or
non—residential house; securing a steady and suflicie nt supply
of workmen trained in the work of cons-
truction of buildings.
38. The Board shall, subj ect to the general control of the State Government, as sume management of all such land requisitioned of continue d to be subject to requisition, by or under the authority of the State Government under the Land Acquisition Act, 18 94 or by or under any corres- being in force, as the State ('1)
Government may direct.
39. A housing scheme ma y provide—
(a) for the formation of a reconstituted plot by the alteration of the bou ndaries of an
original plot;
with the consent of the owner s that two or
more original plots each of which is held
in ownership in severally or in joint owner-
ship shall, with or without alteration of
boundaries be held in ownersh ip in common
as a reconstituted plot;
(0) for the allotment of a plot to any owner
dispossessed of land in fur therance of the
housing scheme; and
(d) for the transfer of owne rship of a plot from one person to another with the consent of
such persons.
.
(b)
40. The State Government may, by general or special order published in the Manipur Gazette, exempt any
housing scheme undertaken by the Board from all or an y
of the provisions of sect ions 26 to 31 subject t o such
conditions, if any, as it may impose or may dire ct that
any such provision shall apply to such scheme w ith such
modifications as may be specified in the order.
18
19
CHAPTER—IV
ACQUISITION AND DISPOSAL OF LAND
41. (l) The Board may enter into an agreemen t
with any person for acquisition from him by purc hase,
lease or exchange, of any land which is needed for the {imposes of a housing scheme or any interest in such
and or for compensating the owners of any such right
in respect of any deprivation thereof or int erference
therewith.
(2) The Board may also take steps for the compul -
sory acquisition of any land or any interest therein requ ired
for the execution of a housing scheme in the manner pr ovi-
ded in the Land Acquisition Act, 1894 and the acquisi tion
of any land or any interest thereto for the purposes of this
Act shall be deemed to be acquisition for a public
purpose within the meaning of the Land Acqu isition
Act, 1894.
42. (1) When by the making of a housing scheme any land in the area comprised in the scheme will, in the
opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment ch arges
shall be payable by the owner of the land
or person
having an interest therein in respect of the inc
rease in
value of the land from the execution of the schem
e.
(2) Such increase in value shall be the amount by which the value of the land on the completion o f execu-
tion of the scheme estimated as if the land were clear of
the buildings exceeds the value of land prior to the
execution of the scheme estimated in like manner an d
the betterment charges shall be one half of such inc rease
in value.
(3) Such betterment charges shall also be leviable in respect of any land not comprised in the schem e
but adjacent to the area comprised in the scheme. EXPLANATION : For the purpose of this sub—sec- tion the State Government may on the recommendati on of
the Board, by notification in the Manipur Gazette, dec lare
such land Which is situated near or contiguous or adjacent to any land comprised in a scheme to be adjacent to the
area comprised in such scheme.
Power to
purchase or
lease by
agreement.
Betterment
charges .
Notice to persons liable for better- ment
charges.
Agreement
for payment of betterment charges.
Recovery of betterment charges.
Power to
dispose of land.
20
43. (1) The Board shall give no tice in the prescribed form to any person who3is the owner of or has interest in the land in respect of which the betterment charges are to be leaded and shall give such person an opportunity to be hear .
(2) After hearing such person o r if such person fails to appear after the expiry of the period within which such person is required to appear bef ore the B0 ard, the Board shall proceed to assess the amoun t of betterment charges.
(3) Where the assessment of be tterment charges pro- posed by the Board is accepte d by the person concerned within the period prescribed, th e assessment shall be final.
(4) 1f the person concerned does not accept the assessment proposed by the Bo ard the matter shall be referred to the Tribunal.
3 ..
(5) The Tribunalshall, after hol ding an inquiry and
after hearing the person conc erned, assess the amount of t he
betterment charges payable by the person.
44. (1) Any person liable to pay betterment charges
in respect of any land may at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstandi ng as a charge on his inte- rest in the land, subject to the payment in perpetuity of interest at such rate as may be pr escribed.
(2) Every payment due from any person in respect of
betterment charges and every char ge referred to in sub-sec- tion (1) shall notwithstanding a nything contained in any other enactment and notwithstandi ng the execution of any mortgage or charge created eithe r before or after the com- mencement of this Act, be the first charge upon the interest of such person in such land.
45. A11 sums payable in respect of any iand by any
person in respect of betterment c harges under section 42 or by any person under an agreement under section 44 shall
be recoverable on behalf of the B oard as an arrear of land revenue.
46. Subject to any rules made by the State Govern—
ment under this Act, the Boa rd may retain,1ease, sell, exchange or otherwise dispose of, any land, any building
or other property vesting in it an d situate in the area
comprised in housing scheme permi tted under this Act.
20
'71h 47?. (3} Where by the making of a housing scheme, any plot comprised in the area included in the schemes are reconstituted or any person is dispossessed, any person afiectecl 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 inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal.
(2): The- Tribunal shall then after making an inquiry 'determine the amount of compensation and direct the Board to pay the same to the person entitled.
48. (1) Notwithstanding anything to the contrary in the Land Acquisition Act, 1894 the award of the Tribunal in relation to the acquisition of land shall be V deemed to be the award of the court under the said Act.
(2) Any person who does not agree to the amount of the compensation awarded by the Tribunal for the land acquired for the Board under the Land Acquisition Act, 1894 or to the persons to whom it is payable or .to the appointment of the' 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 High Court may entertain the appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
49. Every award of the Tribunal and every order made by the Tribunal for the payment of money, for the delivery of possession or removal of any structure shall be enforced by the 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 decxee of the said Court.
Dispute
regarding
reconstitu-
tion of plot;
Appeales
from awards
of l'n'bunais.
Awards and
. orders of Tribunal to be executed by Civil Courts.
21
Appointment of competent authorities. 'Power to evict certain persons from Board
premises.
22
CHAPTER—V
POWER TO EVICT PERS
ONS FRGM BOARD
PREMISES
50. The State Government may , by notificatien in
the Official Gazette, appoint an officer who holds of has held office which, in its o pinion, is not lower in rank than that of a Joint S ecretary to the Government of Maniput to be the competent authority for performing the functions of the competen t authority under this Chapter in such area, or in respect of such premises or class of premises, as may be specified in the notificatien, and more than one officer may b e appointed as cempetent authority in the same area in re spect of different premises or difierent classes of premises.
51. (1) If the competent autho rity is satisfied—
(a) that the person authorised to eccupy any
Board premises has,
(i) not paid rent lawfully du e frem him
in respect of such premises for a period
of more than two months, or
(ii) sub-let, without the permi ssion of the
Board, the whole or any part o f such
premises, or
(iii) committed, or it is comm itting any act
contrary to the provisions of cl ause (0)
of section 108 of the Transfer of P roperty
Act, 1882, or
(iv) made, or is making, materia l additiens
to or alterations, m such premi ses with
out the previous wntten permis sion of
the Board, or
(V) otherwise acted in contravention of any
of the terms express or implie d, under
which he is authorised to occupy such
premises, or
(b) that any person is in unauth orised occupa-
tion of any Board premises, the campetent
authority may, notwithstanding anything
contained in any law for the time being in
22
23
force by notice served (i) by post, or
(ii) by afiixing 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 as well as any other person who may be in oecu ation of the whole or any part of the premises, shail vacate them within one month (:5 the date 01" the servize cf the notice.
(2) Before an order under snh—seetim (1,) is made against any person the competent authority shallinform the person by notice in writing of the grounds for Which the proposed order is to be made and give him a reason— able opportunity oftendering an explanation and pro— ducing evidenCe, if any, and to show cause why such order shouid 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 petiod specified in the notice, the competent authority may grant the same On such terms as to payment and reco-' very 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, attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub-section (1);,
(3) If any person refuses or failsto comply with an 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 such force as may be necessary.
(4) If a perSOn, who has been ordered to vacate any premises under sub-clause (i) or (v) of clause (a) of sub« section (1) within one month of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the term centrave- ned by him, to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (3), cancel its order made under sub-section (1) and thereupon such.
24
person shall hold the premises on the same terms on which he held themimmediately before such notice was served on him.
EXPLANATION : For the purposes of this section and section 52 the expression "unauthorised occupation", in relation to any person authorised to occupy any Board premises, includes the continuance» in occupation by him or by any person claiming through or under him of the premises after the authority under which he was- allowed to occupy the premises has been duly determined-
52. (1) Subject to any rules made by the State Government in this behalf and without prejudice to the' provisions of section 51 Where any person is in arrears of rent payable in respect of any Board premises, the competent authority may by notice served (i) by post, or'
(ii) by afiixing 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 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 within the time speci~ fied in the notice, such arrears may be recovered as arrears of land revenue.
(2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the manner, and having regard to the principles of assess- ment 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 per- son to pay the damages within such time as may be spe-» cified in the notice. If any person refuses or fails to pay the- damages Within the time specified in the notice, the damages, may be recovered from him as arrears of land revenue.
(3) No order shall be made under sub-section (2):
until after the service of a notice in writing to the person. calling on him to show cause, Within a reasonable period, to be specified in such notice Why such order should not be:
made, and until his objections, if any, and any evidence he:
may produce in support of the same have been considered by the competent authority.
25
5'3. (1} Without prejudi ce to the provision of secti on
52, any persen who is an employee of the Sta te Govern—
ment or a local authori ty and who has been a llotted any
Board premises, may ex ecute an agreement in f avour of the
State Government or a ny local authority as th e case may
be, providing that the Stat e Government or the local autho-
rity, as the case may be, un der or by Whom he is empl oyed,
shall be competent to d educt from the salary o r wages
payable to him such am ount as may be specified in the
agreement and to pay th e amount so deducted t o the Board
in satisfaction of the re nt due by him in respec t of the
Board premises allotted to him.
(2) On the execution of such agreement, the St ate.
Government at local au thority, as the case ma y be, shall,
if so required by the B oard by requisition in writing make
the deduction of the a mount specified in the r equisition
from the saiary 0r wage s of the employee specifi ed in the
~teqnisition in accordanc e with the agreement a nd pay the
amount so deflected t0 the Board :
1,
Previded that no such ag reement in favour of the local
authority by the employe e concerned shall be val ied unless
such Inca} authority h as agreed in writing to make such
deduction on account of rent from the salary or wages of
the employee-
54. (1) Any person agg rieved by an order of the com-
petent authority under se ction 51 or section 52 ma y, within
one month of the date o f the service of the not ice under
section 51 or section 52, as the case may be prefer an a pp eal
t0 the State Government
:
Provided that the State G overnment may entertai n the
appeal after the expiry o f the said period. of one m onth, if
it is satisfied that the app ellant was prevented by sufficient
cause front fiiing the app eai in time.
(2) On receipt of an app eal under sub-section (1) the
"State Geyemment may, after calling for a report f rom the
eempetent authority, a nd after hearing the appe llant and
making such, further inqu iry, if any, as may be de emed
necessary, pass such orders as it thinks fit and the order of
the State Government sh all be final.
{34). Where an appeal is preferred under sub-sectio n( 1'3,
the State Gav'etnment may stay the enforceme nt of the
ercier 0f the competent authority for such perio d and en
such etamiitiehs as it thin ks fit.
Rent to be
recovered
from deduc-
tions from
salary or
wages in cer'
tain cases.
Appeal
Bar of Juris- diction of Civil Courts. Board's
Fund.
Application of the fund.
26
55. No order made by the State Government or the competent authority in the exercise of any power conferred by or under this Chapter shall be called in question in any ClVll court and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by et tmder this zChapter. '
CHAPTER—VI
FINANCE, ACCOUNTS AND AUDIT
56. (1) The Board shall have its own fund.
(2) The f1 nd cf the Board shall consist of—
(i) all grants, subvetion, donations and gifits received from the Central or State Govern— ment or a local authority or any individuai 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, 311 proceeds of land or any other kind of property sold by the Board, all rents: betterment «charges and all interest, profit and other maney' accruing to the Board.
(3) Except as otherwise directed by the State Severn- ment, 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 "3113/ sche- duled bank or invested in such securities as may beapptoveci bygjthe State Government.
(4) Such amounts shall be operated upen by such officers as may be authorised by the Board. EXPLANATION : For the pufposes of this section the Reserve Bank of India shall mean the Reserve Bank of India constituted under the Reserve Bank Of India Act, 1934 and a scheduled bank shall mean a bank included én 8mm schedule to the said Act.
57. All property, fund and all other assets y'estiag in the Board shall be held and appfied by it, seizes: to ti:
provisions and for the purposes'of this Asst"
26
27
58. (1) Where in the opinion of the Board, circum- estances m" the extreme urgency have arisen it shall be lawful ilor the Board to make in any year,—
a
(a) recurring expenditure not exceejing twentyfive thousand rupees.
(b) non—recurring expenditure not exceeding one lac of rupees.
(2) Where any Sum is expended under circumstances «efextreme urgency as provided in sub-section (ll, 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 Government.
59. ( l) The State Government tray from time to time make subvention to the Board for the purposes of this Act on such terms and conditions as the State Government :may determine.
(2) The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State *Government may determine.
60. The State Government may, with prior consulta- tion With the Board, at any time, declare that any expendi- ture incurred by it and any proceeding initiated 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 declaration amount equivalent to such L'Kf'kzaltiiiiui'c shatl be dee ..ed to have been given by the Government to the Board as loan With cited: from such date as the State Government may appoint, provided that the State Government may give 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 expenditure in respect of which a declaration have been made under sub-section {4), shall vest in the Board.
61. (t) The Board may, from time to time, with the previous sanction of the State Government and subject to ti. e provisions of this Act and to such conditions, as may he prescribed in this behalf, borrow any sum required for the purposes of the Act.
Expenditure
in case of
urgency.
Subve1tion
and lo ms C8
the Bard.
Expenditure
of the State
Govt. to be
treated as
Boan or granfi
to the Board.
Power of
Board ta
borrow.
Account and audit .
Concurrent and speciat audits of accounts.
28
(2) The rules made by the State Government for the purposes of this section may empower the Boatti to borrow by the issue of debentures and to m ake
arrangements with bankers.
(3) A11 debentures issued by the Board shall be:
in such form as the Board, with the sanction of the.
State Government, may from time to time determine-
(4) Every debenture shall be signed by the Chairman and one other member of the Board.
(5) Loans borrowed and debentures issued under"
this section may be guaranteed by the State Governm ent
as to the repayment of principal and the payment of"
interest at such rate as may be fixed by the State Government.
6. (1) The Board shall cause to be maintained proper books of accounts and such other books as t he:
rules may require and shall prepare in accordance with the rules an annual statement of accounts.
(2) The Board shall cause its accounts to be a udited'fl
annually by such person as the State Government may
direct. The person so directed shall have the right to- a
demand the production of books, accounts, and connec ted.
voucher, documents and papers, and to inspect any of"
the otfices 0f the Board.
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereoftogether with a copy of the report of the auditor thereon to the State Government and shall cause the accounts to he published in the prescribed manner and ptace 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 at auditor think fit to issue.
63. (1) Notwithstanding anything contained in Sec— tion 62, the State Government may Order that there shall be a conCurt'ent audit of the accounts of the Board by such person as it thinks fit. The State Government may aiso- direct a special audit to be made by such person as it thinks fit of the accounts of the Board teiating to any par» -
ticular transmtion 0'; a Class or series of transactions 01" t
0
a particular period.
28
29
{2) When an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub—section (1) such information as the said person may require for the purpose of audit and remedy or cause to be remedied the defects pointed out by such person, unless they are condoned by the State Government. CHAPTER—VII
MISCELLANEOUS
64. The Board shall, before such date and in such form and at such interval as may be prescribed, su'tmit 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 Manipur Gazette. Every such report shall be laid before the House of the State Legislature as soon as may be after it is published.
65. The Board shall also submit to the State Govern- ment such statistics, returns, particulars, statements, docu- ments or papers in regard to any proposed or existing scheme or relating to any matter or proceedings connected with the working of the Board at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct.
66. 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, measurement, valuation or inquiry ;
.(b) to take levels ;
(c) to dig or bore into the sub-soil ;
(d) to set boundaries and intended lines of work ;
(e) to make such levels boundaries and lines of 9 works and cutting trenches ; or ,
(f) to do any other thing ; Whenever it is necessary to do so for any of the pnrpo— ses of this Act or any'rules made or scheme sanctioned thereunder ;
Reports.
Other State-
ment and
rewi ns.
Power and
entry.
Notice to suit against oaid.
Valuation of assets and Liabilities of' the Beard.
Power to
make rules.
30
Provided as follows :
(i) no such entry shall be made between sunsetand sunrise;
(ii) no dwelling house and no public buildingwhich is used as a dwelling place, shall beso entered except with the consent of theoccupier thereof, and withOut giving thesaid occupier at least twentyfour hours' previous written notice of the intention tomake such entry;
(iii) sufficient notice shall in. every instance begiven, even when any premises may other-wise be entered Without notice to. enablethe inmates of any apartment appropriatefl'to females to remove themselves to somepart of the premises where their privacywiil not be disturbed;
(iv) due regard shall always be had, so far as may be compatible with the exigencies ofthe purposes for which the entry is made, to the social and religious usages of theoccupants of the premises entered-
67. No person shall fiie any suit against the Boardor against any officer or employee of the Board orany person acting under the orders of the Board, foranything done or purporting to have been done in pursu-ance of this Act, without giving to the Beard, officerer employee or person two month's previous notice inttiriting of the intended suit and of the cause thereof;her after six months from the date of the act comptained 0f.
68. The Board shall at the end of eVery five years have a valuation of its assets and liabilities made by avaiuer appointed with the approval of the State Government:
Provided that it shall be open to the State Govermment to direct a Valuation to be made at any time itmay consider necessary.
69. (l) The State Government may, by netitica-tion in the Manipur Gazette and subject to the conditienof previous publication, make rates far carrying out thepurposes of this Act.
30
4 (2) In particular and without prejudice to the gene- :tfality 0f the foregomg power such rules may provide for all or any of the fotlowing matter, namely :~ ta)
(b)
(C)
(d) (e) f)
(g) (h) the allowances of members and remuneration and condltions ofseere 0f the Chalrman under section 7;
the manner and form in which coutracts shall be entered mto under section 22; the form of the annual budget to be laid. before the Board under section 26 and the other particulars to be contained therein; the manner 0f publication of housing schemes included in the budget under section 30; the form of notice under seetiOn 43 ; the rate of interest under section 44; the forms of notices under sectiens 51 and 52 and any other manner m whlch they may be served;
the procedure to be foliowed in taking possession of any Beard premises under section 51;
the manner in Which damages under section 52 may be assessed;
the manner in Which appeals may be pre— ferred under section 54 and the procedure to» be followed In such appeals;
the conditions subject to which the Boaré may borrow any sum under section 61; the manner of preparation, maintenance and. rmbheatxoh of accounts under seetlon 62; the date before which, the form in Which, the interval at Which and the matters on which report Shah he submitted under section 64;
the time at which ahd the form and manner 2r: Which statistzes, returns, particulars, state- ments, documents and papers shall be sub- rmtted under seetlen 65;
the manner in which the Board shall be superseded and reconstituted under section 80; any other matter which is or may be prescribed undegthi 3 Act.
31
swam, ?mm
matte mlawa
32
(3) A11 rules made under this section shall be laixi' as soon as may be, after they are made, before the Manipur Legislative Assembly while it is in Session for a total period of fourteen days which may be compriseé. in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Manipur Legisla- tive Assembly agree in making any modification in the rule or the Manipur Legislative Assembly 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 previously done under the rules.
70. (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 schemes,
(b) the principles to be followed in allotment of tenaments and premises;
(0) the remuneration and conditions of service of the other oflicers and employees of the Board under section 14;
(d) for regulating its Procedure and disposai' 4 .of its business.
(2) If it appears to the State Government that it is necessary or desirable for carrying out the purposes it 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 regulation or amendment Within such time as it may specify. If the Board fails to make such regulation or amendment within the time specified, the State Government may itself make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been made- by the Board under sub-section (1).
_ 71. (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 bye-Ia_w made under this section may provide that a contravention thereof shall be an oiTence.
32
33
(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._
(4) All bye-laws made under this section shall be published in the Manipur Gazette.
72. Whoever contravenes a by e-law make under section 71 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
73. If any person—
(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 removes any marks set up for the purpose of indicating any level or direction necessary to the execution or works authorised under this Act,
he shah, on corVictien, be punished with imprisonment for a teim which may extend to three month _or with fine which may extend to five hundred rupees or With both.
(1))
74. Any person who obstructs the lawful exercise of any power conferred by or under Chapter V shall, on con— viction, he punished with fine which may extend to one thousand rupees.
75. Unless otherwise expressiy provided, no Court shall take cognisance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.
76. All members, officers and employees of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be pubiic servants within the meaning of section 21 of the indian Penal Code.
7?. Ne suit, preseetitieh or othe-
shaii tie a" '"
DE" f .L':
Penalty for
contraven-
tion of
bye-laws.
Penalty for
obstruction.
etc,
Penalty for
obstructing
exercise of
powers under
Chapter V.
Authority for
prosecution.
Members,
Officexs at d
\ "s of
1131115 .
Government's power to give directions to Board.
Power to
order inqui- ties.
Default in performance of duty and supersession. Dissolution of the Board.
34
. 78. The Stat: Government may give the Board such d1rections as in its 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.
79. (1) The State Government with a View to satisfy itself that the powers and duties of the Board are being exercised and performed properly, may, at any time, appoint any person or persons, to make inquiries into all or any of the activities of the Board and to report to the State Government the result of such inquiries.
(2) The Board shall give to the person or persons so appointed all facilities for to the proper conduct of the inquiries and shall produce before the person or persons any document, account or informationin the possession of the Board, which such person or persons demand for the purposes of the inquiries.
80. (1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the perfor- mance of that duty.
(2) If in the opinion of the State Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government, not withstanding anything contained in Section 8, to supersede and reconstitute the Board in the Prescribed manner.
(3) After the supersession of the Board and until it is reconstituted the powers, duties and functions of the Board under this Act shall be carried on by the State Government or by such ofi'icer or oflicers as the State Government may appoint for the purpose.
81. (1) The State Governmentmay, if it is satisfied in public interest to do so, by a notification in the Manipur Gazette, declare that, with effect from such ' date as may be specified in the notification, the Board shall stand dissolved.
(2) With effect from the date specified in the notification under sub-section (1),—
34
35
(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 Govern- ment to the extent of the properties, funds and dues vested in an realized by the State Government.
(3) Nothing in this section shall effect the liability of the State Government in respect of loans or debentures guaranteed under sub—section (5) of Section 61.
82. Anything done or any action taken under the Manipur Housing Board Ordinance, 1980 shall be deemed to have been done or taken under the corresponding pro- visions of this Act.