The Gujarat Housing Board Act, 1961
gujarat · 1961
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 Gujarat Housing Board Act, 1961
- S. 2Section 2 defines key terms used in the Gujarat Housing Board Act, 1961.
- S. 3Section establishes the Gujarat Housing Board, grants it corporate status, and deems it a local authority for land acquisition purposes.
- S. 4Section 4 exempts Board-owned or created properties from the Rent Act, except when leased to the Board.
- S. 5Section 5 outlines the composition and resignation process for members of the Gujarat Housing Board.
- S. 6Section 6 allows the State Government to grant leave to the Chairman and designate a substitute deemed as Chairman during absence.
- S. 7Section 7 of the Gujarat Housing Board Act, 1961, outlines disqualifications for appointment or continuation as a Board member, including holding profit, bankruptcy, or conflicts of interest.
- S. 817[(1) The Chairman and the members shall hold office during the pleasure of the State Government
- S. 8ARemoval of member from office
- S. 9Section 9 details conditions under which a member of the Gujarat Housing Board ceases to be a member and how vacancies are to be filled.
- S. 10Vacancies
- S. 11Section 11 ensures that any procedural errors in appointing Board members do not invalidate their actions if compliant with the Act.
- S. 12The section allows the State Government to appoint a temporary replacement for a Board member unable to perform duties.
- S. 13Section 13 allows the Board to appoint necessary officers, with higher-salary positions needing state government approval.
- S. 14Section 14 determines the remuneration and service conditions for Board officials through regulations.
- S. 15Section 15 establishes a provident fund for Board officers and allows its use for housing scheme costs.
- S. 16Section 16 prohibits individuals with prior contracts or employment ties from becoming officers or servants of the Gujarat Housing Board.
- S. 17(1) The State Government may appoint a Housing Advisory Committee
- S. 18Section 18 outlines the meeting arrangements and procedures for the Gujarat Housing Board.
- S. 19Section 19 mandates Housing Advisory Committee and other committees to meet as directed by the State Government or Board to fulfill their assigned functions.
- S. 20Section 20 allows the Gujarat Housing Board to make contracts needed for its purposes.
- S. 21Section 21 mandates the Board's Chairman to make contracts, but requires Board sanction for contracts over ₹25,000.
- S. 22Section 22 allows the Gujarat Housing Board to delegate contract sanctioning power to the Housing Commissioner or another specified officer.
- S. 23Section 23 specifies that Board contracts must follow prescribed procedures, or they are not binding.
- S. 24Section 24 allows the Gujarat Housing Board to incur expenditure and execute housing schemes in specified urban areas, with State Government control.
- S. 24AInclusion of area other than Urban area in scheme
- S. 25Section 25 outlines the powers and duties of the Gujarat Housing Board to manage housing schemes, including property acquisition, construction, and infrastructure development.
- S. 26Section 26 prohibits housing schemes under this Act from overlapping with State improvement schemes or conflicting with town planning schemes.
- S. 27Section 27 mandates the Gujarat Housing Board to submit a housing program and budget to the State Government by December 1st each year.
- S. 28[Programme to be published for inviting suggestions and objections],— Deleted by Guj
- S. 29Sanction to programme and budget
- S. 30[Publication of sanctioned Programme]
- S. 31Section 31 allows the Gujarat Housing Board to submit additional housing programs and budgets to the State Government.
- S. 32The Gujarat Housing Board can modify approved housing programs, but must get state government approval for changes affecting the scheme's scope or purpose.
- S. 33Section 33 mandates the Gujarat Housing Board to execute housing schemes after state government approval.
- S. 34[Publication of housing scheme in the Official Gazette]
- S. 35Section 35 mandates the Gujarat Housing Board to notify municipal bodies for land required for housing schemes within their jurisdiction.
- S. 36Section 36 outlines compensation rules for land retained or disposed by the Gujarat Housing Board for municipal bodies.
- S. 37Section 37 allows the Gujarat Housing Board to close public streets and provide alternative access, compensating affected non-public users.
- S. 38Section 38 mandates disputes over compensation under sections 36 or 37 to be resolved by a Tribunal.
- S. 39Section 39 of the Gujarat Housing Board Act, 1961, outlines the conditions under which streets and open spaces developed by the Board are transferred to municipal bodies for maintenance.
- S. 40Section 40 mandates the Gujarat Housing Board to streamline and reduce building costs through material standardization and workforce training.
- S. 41[Board to assume management of requisitioned lands
- S. 42Section 42 allows housing schemes to alter plot boundaries, combine plots, reassign dispossessed land, and transfer ownership.
- S. 43The State Government can exempt any housing scheme from certain provisions with specific conditions.
- S. 44Section 44 allows the Gujarat Housing Board to acquire land through purchase, lease, or exchange for housing schemes.
- S. 45[Betterment charges]
- S. 46[Notice to persons liable for betterment charges
- S. 47[Agreement for payment of betterment charges
- S. 48[Recovery of betterment charges
- S. 49Section 49 allows the Gujarat Housing Board to sell, lease, or dispose of any property within its housing schemes.
- S. 50Section 50 provides a process for compensation claims against the Gujarat Housing Board for reconstitution or dispossession of plots in housing schemes.
- S. 51District Judge to be the Tribunal
- S. 52Section 52 outlines the Tribunal's role in deciding compensation and resolving disputes related to plot reconstitution under the Gujarat Housing Board Act, 1961.
- S. 53[Powers of President
- S. 54Section 54 grants the Tribunal the same powers as a Civil Court for inquiries and enforcement of orders.
- S. 55Section 55 makes the Tribunal's decisions final and binding, with a six-month deadline for rulings.
- S. 56Section 56 allows the Gujarat Housing Board to order occupants to vacate premises for non-payment of rent or unauthorized subletting.
- S. 57Section 57 allows the Gujarat Housing Board to recover unpaid rent and damages from tenants as land revenue after giving notice.
- S. 58Section 58 allows state or local authority employees allotted Board premises to agree to rent deductions from their salary to the Board.
- S. 59Section 59 allows appeals against certain housing board orders to the State Government, which can make final decisions and stay enforcement if needed.
- S. 60Section 60 prevents legal challenges to actions by the Gujarat Housing Board and bars civil courts from hearing eviction or rent recovery suits against unauthorized occupants.
- S. 61(1) The Board shall have its own fund
- S. 62Section 62 of the Gujarat Housing Board Act, 1961 mandates the Board to hold all its assets for the purposes of the Act and establishes a Revolving Fund for housing scheme sales.
- S. 62ARevolving Fund
- S. 63Section 63 allows the Gujarat Housing Board to incur urgent, unprogrammed expenditures up to specified limits.
- S. 64Section 64 allows the State Government to provide financial support and loans to the Gujarat Housing Board.
- S. 65Section 65 allows the Gujarat Housing Board to borrow funds with state government approval and may issue debentures and receive guarantees for loans.
- S. 66Section 66 mandates the Gujarat Housing Board to maintain accounts, get them audited, and publish the audited report for public sale.
- S. 67Section 67 allows the State Government to order concurrent or special audits of the Gujarat Housing Board's accounts.
- S. 68Section 68 mandates the Gujarat Housing Board to submit prescribed reports to the State Government and have them laid before the State Legislature.
- S. 69Section 69 mandates the Gujarat Housing Board to submit prescribed housing scheme reports to the State Government as directed.
- S. 70Section 70 authorizes the Chairman or authorized persons to enter land for inspections, surveys, and related activities, with certain notice and respect for privacy and social norms.
- S. 71Section 71 prohibits suits against the Gujarat Housing Board without prior notice and limits damages if amends are offered.
- S. 72Section 72 mandates the Gujarat Housing Board to conduct a quinquennial valuation of its assets and liabilities, and allows it to construct buildings for charitable purposes with government approval.
- S. 72ASection 72A authorizes the Gujarat Housing Board to build public purpose buildings on behalf of government entities or cooperative societies.
- S. 73Section 73 empowers the State Government to make rules for implementing the Gujarat Housing Board Act, 1961.
- S. 74Section 74 allows the Gujarat Housing Board to make regulations for managing buildings, allotment principles, and staff remuneration, with state government approval.
- S. 75Section 75 allows the Gujarat Housing Board to create bye-laws for its functions, subject to state government approval.
- S. 76Section 76 imposes penalties for violating bye-laws made under the Gujarat Housing Board Act, including up to six months imprisonment and/or a fine of up to ₹1,000.
- S. 77Section penalizes obstruction or molestation of Board contract personnel or removal of construction marks with up to three months' imprisonment and a fine.
- S. 78Section 78 imposes a fine of up to one thousand rupees for obstructing the lawful exercise of powers under Chapter VI of the Gujarat Housing Board Act, 1961.
- S. 79Section 79 restricts court cognizance of offences under the Act to complaints from the Gujarat Housing Board or its authorized personnel.
- S. 80Section 80 deems all Board members and staff as public servants when acting under the Act.
- S. 81Section 81 protects individuals from legal actions for good faith actions taken under the Gujarat Housing Board Act, 1961.
- S. 82The State Government can issue directives to the Board for Act implementation, which the Board must follow after considering objections.
- S. 83Section 83 allows the State Government to fix deadlines and reconstitute the Gujarat Housing Board for defaulting duties.
- S. 84Section 84 allows the State Government to dissolve the Gujarat Housing Board, transferring its assets and liabilities to the state.
- S. 85Section 85 allows the Gujarat Housing Board to assume the Controller's powers and duties under the Bombay Building Act in areas where the Gujarat Housing Board Act applies.
- S. 86Section 86 repeals the Bombay Housing Board Act, 1948 and the Saurashtra Housing Board Act, 1954 on the appointed day.
- S. 87Savings
- S. 1948Delegation of Controller a powers to Housing Board constituted under Guj
- S. 1955Preparation and submission of annual housing programme, budget and establishment schedule
- S. 1961Repeal and consequential provisions