The Assam State Housing Board Act, 1972
assam · 1974
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Assam State Housing Board Act, 1972
- S. 2Section 2 defines key terms used throughout the Assam State Housing Board Act, 1972.
- S. 3Section establishes the Assam State Housing Board, grants it corporate status, and deems it a local authority for land acquisition.
- S. 4Section 4 outlines the composition and removal process for members of the Assam State Housing Board.
- S. 5The State Government may from time to time
- S. 6Section 6 of the Assam State Housing Board Act, 1972, outlines disqualifications for appointment or continuation as Chairman or member of the Board.
- S. 7(1)
- S. 8Vacancy of a member
- S. 9Vacancy to be filled as early as practicable
- S. 10Section 10 states that any irregularity in the appointment of Board members does not invalidate Board actions if they comply with the Act.
- S. 11The section allows the State Government to appoint a temporary replacement for a Board member unable to perform duties.
- S. 12(1) The Board shall have such officers and em- yees and creation ployees as the Board may consider necessary for the of
- S. 13Section 13 sets remuneration and service conditions for Board officers and employees through regulations.
- S. 14Section 14 mandates the Assam State Housing Board to prepare an annual establishment schedule detailing its staff and financial commitments.
- S. 15Section 15 prohibits individuals with prior contracts with the Board from becoming officers or employees.
- S. 16(1) Subject to any rules made in this behalf, Committee
- S. 18Section 18 allows the Assam State Housing Board to associate up to three persons for advice without voting rights.
- S. 19The Board may enter into and perform all such contracts
- S. 20Section 20 outlines the authority of the Board's Chairman to enter contracts, with specific government and Board sanctions required for certain expenditures.
- S. 21Subject to
- S. 22Section 22 mandates that Board contracts must follow prescribed forms and rules, or they are not binding.
- S. 23Section 23 authorizes the Assam State Housing Board to incur expenses for housing schemes and allows the State Government to entrust it with such schemes.
- S. 24Section 24 of the Assam State Housing Board Act, 1972 authorizes the Board to undertake various housing scheme activities including property acquisition, construction, and provision of amenities.
- S. 25Section 25 prohibits housing schemes under the Act from conflicting with municipal or town planning schemes.
- S. 26(1) The Chairman shall, at a special meeting to get to Board
- S. 27The Assam State Housing Board must review and approve the budget presented to it.
- S. 28(1) Everv budget sanctioned by the Board shall be subm~tted to the State Government for approval
- S. 29The Chairman may, at any time during the year for which a budget has been approved by
- S. 30Publication and execution of housing schemes
- S. 31The Board may at any time vary any housing ing schemes
- S. 32Section 32 outlines the process for land vesting in the Assam State Housing Board when required for housing schemes.
- S. 33(1) Where any land vests in the Board under respect
- S. 34Section 34 allows the Assam State Housing Board to close public streets and compensate affected individuals, providing alternative access.
- S. 35Section 35 resolves disputes on compensation under sections 33 and 34 by referring them to a Tribunal.
- S. 36Section 36 vests streets and open spaces developed by the Board in local authorities.
- S. 37(1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease or other
- S. 38The Assam State Housing Board Act authorizes the Board to manage requisitioned lands under state government control.
- S. 39Section 39 allows for plot alterations, consolidation, allotment to dispossessed owners, and ownership transfers with consent.
- S. 40The State Govern~ent may, by general or special order published in the official Gazette, exempt any housd
- S. 41Section 41 allows the Assam State Housing Board to acquire land through purchase, lease, or exchange for housing schemes.
- S. 42Section 42 allows the Assam State Housing Board to levy betterment charges on landowners for increased land value due to housing schemes.
- S. 43Section 43 outlines the process for assessing and determining betterment charges on land by the Assam State Housing Board.
- S. 44Section 44 allows individuals to defer betterment charges by agreeing to perpetual interest payments on their land.
- S. 45Section 45 mandates the Assam State Housing Board to recover betterment charges and agreement fees as land revenue arrears.
- S. 46The Assam State Housing Board Act allows the Board to sell, lease, or dispose of any property within permitted housing schemes.
- S. 47Section 47 provides a process for individuals to claim compensation from the Board for plot reconstitution or dispossession in housing schemes.
- S. 48Section 48 establishes a tribunal for land acquisition, betterment charge disputes, and other prescribed matters for the Assam State Housing Board.
- S. 49The Tribunal may, with the previous sanction cmplo~es of
- S. 50Section 50 authorizes the Assam State Housing Board to pay Tribunal staff salaries and benefits, subject to government approval.
- S. 51(1) Notwithsanding anything to the contrary in Central Act ~~fu~~al
- S. 52Section 52 mandates enforcement of Tribunal orders by Assistant District Judge's Court as if it were a decree.
- S. 53Appointment of competent authorities
- S. 54(1) If the competent authority is satisfied- (a) that the person authorised to occupy · any Board premises has, (d
- S. 55Section 55 allows the Assam State Housing Board to recover unpaid rent and damages as land revenue.
- S. 56(1) Without prejudice to the provisions of sec- tion 55
- S. 57Section 57 allows aggrieved individuals to appeal housing board orders to the State Government, which can make final decisions and stay enforcement.
- S. 58Section 58 prevents legal challenges and injunctions against actions taken by the Assam State Housing Board under this chapter.
- S. 59(1) The Board shall have its own fund
- S. 60Section 60 vests all the Board's property, funds, and assets to be held and used according to the Act's provisions.
- S. 61Section 61 allows the Assam State Housing Board to spend up to ₹1 lac urgently, reporting back to the State Government.
- S. 62Section 62 allows the State Government to provide financial support to the Board through subventions and loans.
- S. 63The section allows the State Government to declare past loans or grants as expenditure for the Board, treating them as incurred by the Board, and vesting related assets and liabilities in the Board.
- S. 64(1) The Board may, from time to time, with the to borrow
- S. 65Section 65 mandates the Assam State Housing Board to maintain accounts, get them audited annually, and publish the audited accounts.
- S. 66Concurrent and special audits of accounts
- S. 67Section 67 mandates the Assam State Housing Board to submit reports to the State Government, which must then publish and present them to the State Legislature.
- S. 68Section 68 mandates the Assam State Housing Board to submit prescribed reports and documents to the State Government as directed.
- S. 69Section 69 authorizes the Assam State Housing Board's Chairman to enter land for inspections, surveys, and other necessary activities, with specific entry restrictions.
- S. 70Section 70 prohibits suits against the Assam State Housing Board and its officials without prior notice and within six months of the act.
- S. 71The Board shall at the end of every five years Board
- S. 72Section 72 empowers the State Government to make rules for implementing the Assam State Housing Board Act, 1972.
- S. 73Section 73 allows the Board to make regulations with state government approval for housing scheme management and employee conditions.
- S. 74Section 74 authorizes the Assam State Housing Board to create bye-laws for its duties, subject to state government confirmation.
- S. 75Whoever contra\·enes a bye-law made under travehtsion of bye-section 74 shall on conviction be punished with laws
- S. 76If any person- obstruction
- S. 77Section penalizes obstruction of powers under Chapter VI with up to ₹1,000 fine.
- S. 78Unless otherwise expressly provided, no Court prosecution
- S. 79Section 79 deems Board members, officers, and employees acting under the Act as public servants for protection purposes.
- S. 80Section 80 protects individuals from legal action for actions taken in good faith under the Assam State Housing Board Act, 1972.
- S. 81The section allows the State Government to issue necessary or expedient directions to the Board for Act implementation, which the Board must comply with.
- S. 82Section 82 allows the State Government to appoint inquirers to assess the Board's activities and ensure proper performance of duties.
- S. 83Det'ault in performance of duty and supersession
- S. 84(1) The State Government may, if it is satisfied the Hoard