Section 1.Short title and commencement
(2) It shall come into force at once
(1) This Act may be called the Rajasthan Housing Board (Amendment) Act, 2020.
(2) It shall come into force at once
Section 2.Insertion of new sections 51-A; 51-B and 51-C, Rajasthan Act No.4 of 1970
"51-A. Recovery of sum due to the Board as arrears of land revenue.- Where any sum in respect of any premises or property payahle to the Board, whether under any agreement, express or impued or otherwise, howsoever, is not paid on or before the due date into the office of the Board or to a person authorized by the Board, it shall be recovered as the arrears of land revenue, by the Board or the officer authorized en the behalf by it, in the manner as provided in the Rajasthan Land Revenue Act,1956 (Act No. 15 of 1956) and rules made thereunder, from the person in default.
5I-B. Encroachment or obstruction upon premises or property belonging to the Board.-
(1) Whoever makes any encroachment on any premises or property which belongs to or vests in the Board shall, on conviction, be punished with simple imprisonment which shall not be less than three months but which may extend to three years and with fine which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees:
Provided that the court may for any adequate or special reasons to be mentioned in the judgment impose a sentence of imprisonment for a ieuu of less than three months
(2) Whoever makes even temporary obstruction without prior permission of the Board in the way, shall, on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to five thousand rupees or with both.
(3) The Board or any officer authorized by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment.
(4) Notwithstanding anything contained in the foregoing provisions, after obtaining prior permission of the State Government, the Board or the officer authorized by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property and vehicles found on the premises or property referred to in this section or, as the case may be, attached to such premises or property or permanently fastened to anything attached to such premises or property
(5) Where any property is seized or attached by an officer authorized by the Board, he shall immediately make a report of such seizure or attachment to the Board.
(6) Where any property is seized or attached under sub-section (4), the Board may order confiscation of such property.
(7) No order for confiscating a property shall be made under sub-section (6) unless the owner of such property or the person from whom it is seized or attached is given-
(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
(b) an opportunity of making a representation in writing within a maximum period of seven days against the grounds of confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(8) The order of any confiscation and removal of encroachment under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
(9) Any person aggrieved by an order made by the Board under this section may within one month from the date of the communication to him of such order, appeal against it to the State Government.
(10) On such appeal the State Government, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
(11) Whenever any property is seized or attached pending confiscation under this section, the Board or the State Government shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other court, tribunal or other authority shall not have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
(12) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
(13) Whoever, being an employee of the Board, or being on deputation with the Board from any department of the Government, specifically entrusted with the duty to remove or to stop or to prevent the encroachment or obstruction, himself encroaches or helps others to encroach, or willfully or knowingly, neglects or deliberately omits to remove or stop or prevent such encroachment or obstruction shall, on conviction, be punished with imprisonment for a term which shall not be less than three months but which may extend to three years or with fine which may extend to thirty thousand rupees or with both:
Provided that no court shall take cognizance against such employee for the offence punishable under this subsection except with the previous sanction of the Board.
(14) No investigation of an offence under this section shall be made by an officer below the rank of the Inspector of Police. However, such investigation shall be completed and report shall be filed in the court within the period of three months from the date of filing First Information Report on behalf of the Board by the Housing Commissioner or the official authorized by him.
(15) It shall be lawful for the Housing Commissioner or the official authorized by him to lodge proceedings against the person who is likely to make encroachment upon any premises or property belonging to the Board before the Magistrate concerned, for preventing him from making any such encroachment and it shall be competent for the Magistrate, on being satisfied about the reasonableness of the apprehension of the Housing Commissioner, to require such person to execute a bond, with or without sureties, for his good behavior for such period, not exceeding one year, as the Magistrate thinks fit. The procedure contained in Chapter VIII of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall apply mutatis mutandis to the proceedings before the Magistrate under this sub-section as if such proceedings were the proceedings under section 107 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
51-C. Power to call for records.- (1) The State Government or any officer authorized in this behalf by the State Government, may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed, under this Act by the Board or any committee or officer of it, call for the relevant record, and may, in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination by the State Government or by the officer authorized in this behalf by the State Government and the passing of order under sub-section (2):
Provided that no record relating to an order or a resolution shall be called for under this sub-section after the expiry of three years from the date of such order or resolution. (2) After examining the record, the State Government or the officer authorized as aforesaid may rescind, reverse or modify such order or resolution and the order of the State Government or the officer authorized as aforesaid shall be final and binding on the Board and on its officers and committees.
51-D. Power of Police Officer.-
(1) Any Police Officer, not below the rank of a Inspector, authorized by the Board in this behalf, may arrest any person committing in his view any offence relating to encroachment or obstruction in any premises or property which belongs to the Board as provided under section 51-B of the Act or of any order or rules or regulations made thereunder, if the name and address of such person be unknown to him and he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address if given, and such person may be detained at the station house until his name and address shall be correctly ascertained: Provided that no person arrested shall be detained without the order of the Judicial Magistrate longer than is necessary for bringing him before a Judicial Magistrate or twenty four hours at the utmost.
(2) It shall also be the duty of all police officers to give immediate information to the Board of the commission of any offence against the provisions of this Act or of any order, rule or regulation made thereunder, and to assist all members, officers and servants of the Board or any body thereof in the exercise of their lawful authority.".
After the existing section 51 and before the existing section 52 of the Rajasthan Housing Board Act, 1970 (Act No. 4 of 1970), hereinafter referred to as the principal Act, the followmg new sections shall be inserted, namely:-
"51-A. Recovery of sum due to the Board as arrears of land revenue.- Where any sum in respect of any premises or property payahle to the Board, whether under any agreement, express or impued or otherwise, howsoever, is not paid on or before the due date into the office of the Board or to a person authorized by the Board, it shall be recovered as the arrears of land revenue, by the Board or the officer authorized en the behalf by it, in the manner as provided in the Rajasthan Land Revenue Act,1956 (Act No. 15 of 1956) and rules made thereunder, from the person in default.
5I-B. Encroachment or obstruction upon premises or property belonging to the Board.-
(1) Whoever makes any encroachment on any premises or property which belongs to or vests in the Board shall, on conviction, be punished with simple imprisonment which shall not be less than three months but which may extend to three years and with fine which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees:
Provided that the court may for any adequate or special reasons to be mentioned in the judgment impose a sentence of imprisonment for a ieuu of less than three months
(2) Whoever makes even temporary obstruction without prior permission of the Board in the way, shall, on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to five thousand rupees or with both.
(3) The Board or any officer authorized by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment.
(4) Notwithstanding anything contained in the foregoing provisions, after obtaining prior permission of the State Government, the Board or the officer authorized by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property and vehicles found on the premises or property referred to in this section or, as the case may be, attached to such premises or property or permanently fastened to anything attached to such premises or property
(5) Where any property is seized or attached by an officer authorized by the Board, he shall immediately make a report of such seizure or attachment to the Board.
(6) Where any property is seized or attached under sub-section (4), the Board may order confiscation of such property.
(7) No order for confiscating a property shall be made under sub-section (6) unless the owner of such property or the person from whom it is seized or attached is given-
(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
(b) an opportunity of making a representation in writing within a maximum period of seven days against the grounds of confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(8) The order of any confiscation and removal of encroachment under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
(9) Any person aggrieved by an order made by the Board under this section may within one month from the date of the communication to him of such order, appeal against it to the State Government.
(10) On such appeal the State Government, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.
(11) Whenever any property is seized or attached pending confiscation under this section, the Board or the State Government shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other court, tribunal or other authority shall not have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
(12) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
(13) Whoever, being an employee of the Board, or being on deputation with the Board from any department of the Government, specifically entrusted with the duty to remove or to stop or to prevent the encroachment or obstruction, himself encroaches or helps others to encroach, or willfully or knowingly, neglects or deliberately omits to remove or stop or prevent such encroachment or obstruction shall, on conviction, be punished with imprisonment for a term which shall not be less than three months but which may extend to three years or with fine which may extend to thirty thousand rupees or with both:
Provided that no court shall take cognizance against such employee for the offence punishable under this subsection except with the previous sanction of the Board.
(14) No investigation of an offence under this section shall be made by an officer below the rank of the Inspector of Police. However, such investigation shall be completed and report shall be filed in the court within the period of three months from the date of filing First Information Report on behalf of the Board by the Housing Commissioner or the official authorized by him.
(15) It shall be lawful for the Housing Commissioner or the official authorized by him to lodge proceedings against the person who is likely to make encroachment upon any premises or property belonging to the Board before the Magistrate concerned, for preventing him from making any such encroachment and it shall be competent for the Magistrate, on being satisfied about the reasonableness of the apprehension of the Housing Commissioner, to require such person to execute a bond, with or without sureties, for his good behavior for such period, not exceeding one year, as the Magistrate thinks fit. The procedure contained in Chapter VIII of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall apply mutatis mutandis to the proceedings before the Magistrate under this sub-section as if such proceedings were the proceedings under section 107 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
51-C. Power to call for records.- (1) The State Government or any officer authorized in this behalf by the State Government, may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed, under this Act by the Board or any committee or officer of it, call for the relevant record, and may, in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination by the State Government or by the officer authorized in this behalf by the State Government and the passing of order under sub-section (2):
Provided that no record relating to an order or a resolution shall be called for under this sub-section after the expiry of three years from the date of such order or resolution. (2) After examining the record, the State Government or the officer authorized as aforesaid may rescind, reverse or modify such order or resolution and the order of the State Government or the officer authorized as aforesaid shall be final and binding on the Board and on its officers and committees.
51-D. Power of Police Officer.-
(1) Any Police Officer, not below the rank of a Inspector, authorized by the Board in this behalf, may arrest any person committing in his view any offence relating to encroachment or obstruction in any premises or property which belongs to the Board as provided under section 51-B of the Act or of any order or rules or regulations made thereunder, if the name and address of such person be unknown to him and he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address if given, and such person may be detained at the station house until his name and address shall be correctly ascertained: Provided that no person arrested shall be detained without the order of the Judicial Magistrate longer than is necessary for bringing him before a Judicial Magistrate or twenty four hours at the utmost.
(2) It shall also be the duty of all police officers to give immediate information to the Board of the commission of any offence against the provisions of this Act or of any order, rule or regulation made thereunder, and to assist all members, officers and servants of the Board or any body thereof in the exercise of their lawful authority.".
Section 3.Amendment of section 60, Rajasthan Act No.4 of 1970
"60. Control by State Government.-
(1) The Board shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time, by the State Government for carrying out the purposes of this Act.
(2) The Board shall perform any other functions that the State Government may designate in furtherance of the objectives of this Act. The Board shall comply with such directions, which may be issued from time to time, by the State Government for efficient administration of this Act.
(3) If, in connection with the exercise of the powers and the performance of the duties of the Board under this Act, any dispute arises between the Board and any other department of the State Government, the matter shall be decided by the State Government and its decision shall be final.".
For the existing section 60 of the principal Act, the following shall be substituted, namely:-
"60. Control by State Government.-
(1) The Board shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time, by the State Government for carrying out the purposes of this Act.
(2) The Board shall perform any other functions that the State Government may designate in furtherance of the objectives of this Act. The Board shall comply with such directions, which may be issued from time to time, by the State Government for efficient administration of this Act.
(3) If, in connection with the exercise of the powers and the performance of the duties of the Board under this Act, any dispute arises between the Board and any other department of the State Government, the matter shall be decided by the State Government and its decision shall be final.".