Amendment status not verified — confirm the current text below against the official source.
(2) Every order made by the Tribunal for the payment of money and for the delivery of the possession or removal of any structure shall be enforced by the District Court as if it were the decree of the said Court. (3) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian penal Code. Decision of 49. The decision of the Tribunal on any matter referred to it under this Tribunal Act shall, subject to the provision of section 50, be final. To be final. Appeal to the 50. The Board or any Person aggrieved by the decision of the Tribunal High Court. may within three months form the date of the decision, or such further time as the High court may for sufficient cause allow, appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit. CHAPTER VI POWER TO EVICT PERSONS FROM BOARD PREMISES Power to evict 51. (1) If the competent authority is satisfied,- Presons from (a ) That the person authorized to occupy any Board premises has- Board premises. (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or (ii) Sublet, without the permission of the Board the whole or any part of such premises, or (iii) Otherwise acted in contravention of any of the terms, expressed or implied, under which he is authorized to occupy such premises, or (b) That any person is in unauthorized occupation of any Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy of it on the other door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month from the date of the service of the notice: Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made. PDF created with pdfFactory trial version www.pdffactory.com (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary. (3) If a person, who has been ordered to vacate any premises under sub clause (I ) or sub-clause (iii) of clasue (a) of sub-section (1), within thirty days 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 terms contravened 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 (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Power to recover 52. (1) Subject to any rules made by the State Government rent, loan or in this behalf and without prejudice to the provisions damages as arrears of section 51, where any person is in arrears of rent of land revenue payable in respect of any Board premises, or arrears of installments payable in respect of any loan advanced by the Board for construction, reconstruction or repair or a house, the competent authority, may by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent or the arrears of installments of loan within the time specified in the notice, such arrears may be recovered as arrears of land revenue. (2) Where any person is in unauthorized occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified 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. Rent to be recovered 53. (1) Without prejudice to the provisions of section51 any by deduction from person, who is an employee of the State Salary or wages in Government or a local authority and who has been certain cases allotted any Board premises, may execute an agreement in favour of the State Government providing that the State Government or the, local authority as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due from him in respect of the Board premises allotted to him. (2) On the execution of such agreement , the State Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board. PDF created with pdfFactory trial version www.pdffactory.com Penalty. 53A. (1) If any amount due under the Act or the rules made thereunder is not paid by any person in compliance with the orders of the competent authority such authority may, after giving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty-five percent of the amount due, if it has reason to believe that the person liable to pay the amount has willfully failed to pay the same. (2) If the penalty imposed under sub-section (1) is not paid within a period of thirty days the same shall be recoverable as arrears of land revenue. Appeal .54. (1) Any person aggrieved by an order of the competent authority may within thirty days from the date of – (i) The service of notice under section 51 or section 52, or (ii) The imposition of penalty under section 53A. Prefer an appeal to the Deputy Commissioner of the District in which the premises of the Board are situated or to any other officer, as the State Government may appoint in this behalf, Provided that the appellant officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time. (2) Where an appeal is preferred under sub-section (1), the appellate officer may stay the enforcement of the order of the competent authority for such period and on such condition's as he deems fit. (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. Finality of orders55. (1) Save as otherwise expressly provided in this Act, every and bar of jurisdic- order made by a competent authority or an appellate Tion of civil courts. Officer under this Chapter shall be final and shall not be called in question in any original suit, application or execution proceedings. (2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter of which the cognizance can be taken of and disposed of by any authority, empowered by this Act or the rules made thereunder. CHAPTER VII FINANCE ACCOUNTS AND AUDIT Board's Fund. 56 . (1) The Board shall have a fund called the Housing Board Fund . (2) The Board may accept grants, subventions, donations and gifts from the Central Government or State Government or a local authority or any individual or body, whether incorporated or not, for any of the purposes of this Act. PDF created with pdfFactory trial version www.pdffactory.com (3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents and all interest, profits and other moneys accruing to the Board, shall constitute the Housing Board Fund. (4) Except as otherwise directed by the State Government, all moneys and receipts specified in the forgoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or in any Scheduled Bank or a Co-operative Bank or invested in such securities as may be approved by the State Government. (5) Such accounts shall be operated upon by such officers as may be authorized by the Board. Explanation:- For the purposes of this section a Scheduled Bank shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934. Application of the 57. All property, the Housing Board Fund, and all other assets Housing Board Funds vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act. Expenditure in 58.(1) Where in the opinion of the Board circumstances of Case of Urgency etc. extreme urgency have arisen, it shall be lawful for the Board to make for the purpose of this Act in any year, an expenditure of such amount as may be prescribed, notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government or the variation of the programme made under section 28. (2) Where any sum is expended under circumstances of extreme urgency as provided in sub-section (1), 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. (3) The Board may, within the budget sanctioned by the Sate Government, approve appropriation not exceeding such amount as may be prescribed from one head to another and from one minor head to another under the same major head and submit a statement of such expropriation to the State Government. Subventions and 59(1) The State Government may from time to time make loans to Board subventions 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. Power of Board 60 (1) The Board may from time to time, with the previous to borrow sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum require for the purposes of this Act. (2) The rules made by the state Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers. (3) All 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. PDF created with pdfFactory trial version www.pdffactory.com (4) Every debenture shall be signed by the Chief Administrator and one other member. (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of Principal and the payment of interest at such rate as may be fixed by the state Government. Accounts and audit 61(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules as annual statement of accounts. (2) The Board shall cause its accounts to be audited annually by such persons as the State Government may direct. (3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereson to the State Government, and shall cause th accounts to be published in the prescribed manner and place 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 of the auditor thinks fit to issue. Concurrent and 62. (1) Notwithstanding anything contained in section 61, the State special audit of Government may order that there shall be concurrent audit account of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period. (2) Where 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 he may require for the purpose of audit. Transfer of assets 63(1) The state Government may transfer to the Board building, and liabilities land or any other property, moveable, or immovable, for use and management by the Board on such conditions and limitation as the State Government may deem fit, for the purposes of this Act. (2) The state Government may transfer to the Board such schemes or works in progress with all their assets and liabilities as are run or managed by the State Government, subject to such conditions and limitations as the State Government my deem fit to impose for the purposes of this Act. CHAPTER VIII MISCELLANEOUS Report 64. The Board shall, before such date and in such form and at such intervals as may be prescribed, submit 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 Official Gazette, PDF created with pdfFactory trial version www.pdffactory.com Statements and 65. The Board shall also submit to the State Government such returns statistics, returns, particulars or statements in regard to any proposed or existing housing schemes at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct. Power of entry 66. The Chief Administrator or any person either generally or specially authorized by the Chief Administrator in this behalf may, with or without assistant 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 works and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so, for any of the purposes of this Act or any rules made or schemes sanctioned there under: Provided that- (i) no such entry shall be made between sunset and sunrise, (ii) no dwelling house and no public building which is used as a dwelling place, shall be so entered, except with the consent of the occupier thereof, and without giving the said occupier at least twenty-four hours' previous written notice of the intention to make such entry, (iii) Sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment occupied by women to remove themselves to some part of the premises where their privacy will not be disturbed, (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered. Notice of suit 67. No person shall institute any suit against the Board or against Board against any officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to have been done in pursuance of this Act, without giving to The Board officer or servant or person concerned two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of. Trienninal valuation 68. The Board shall triennially have a valuation of its assets of assets and liabilities made by a valuer appointed with the approval liabilities of Board of the Sate Government :Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary. Delegation 68A. The Board may, by resolution authorize that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power to make regulations may also be exercised by the Chief Administrator. Members, Officers 69. All members, officers and servants of the Board shall be and servants of deemed, when acting or purporting to act in pursuance of Board to be public any of the provisions of this Act, to be public servants within servants. The meaning of section 21 of the Indian Penal Code. Indemnity. 70 No suit, prosecution or legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act. PDF created with pdfFactory trial version www.pdffactory.com Power of Govt. 71. The State Government may give the Board such directions to give direction to as in its opinion are necessary or expedient for carrying Board out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections and it shall be the duty of the Board to comply with such directions. Control of state 72. (1) The State Government shall exercise superintendence and Govt. over Board control over the Board and its officers and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may, by notification, suspend the Board, Provided that the Board shall be reconstituted, within a period of one year from the date of its suspension in the prescribed manner. (2) When the Board is suspended under sub-section (1) the following consequences shall ensue, namely :- (a) all members of the Board and its committees including the Chairman of the Board, shall, from the date of the notification, vacate their offices: (b) all powers, duties and functions which under the provisions of this Act or any regulation made thereunder, are to be exercised by the Board or any committee thereof or by the Chairman of the Board, or by any other officer of the Board, shall, during the period of suspension be exercised and performed by such person (to be called the administrator as may be appointed by the State Government in this behalf, Provided that the administrator, may subject to the approval of the State Government , delegates any of his powers, duties or functions to some other person as he may think fit, (c) all Properties including the Board fund, vested in the Board shall, until it is reconstituted, vest in the State Government '' Appeal.'' 72A. -(1 ) save as otherwise expressly provided in any other provision of this Act, an appeal shall lie against an original or appellate order of any officer, Chief Administrator or Chairman under this Act or any rule or regulation made thereunder- (a) to the Chief Administrator when the order is made by any officer of the Board, other than the Chief Administrator, (b) except in service matters, to the Board when the order is made either by the Chairman or the chief Administrator, (c) in the service matters, to the state Government when the order is made by the chief Administrator. Every such appeal shall be preferred within a period of thirty days of the date of communication of the order: Provided that the Chief Administrator or the Board or the State Govt. as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is considered that the appellant was prevented by sufficient cause from filing the appeal in time''. Appeal 72-B Revision: The Government may either suo moto or on an application of the party, call for and examine the record of any proceedings or decision or order passed by the Board, Chairman, Chief Administrator or Officer of the Board or competent authority of Deputy Commissioner or any other officer appointed by the State Government for the purpose of satisfying itself as to legality or propriety of any decision or order PDF created with pdfFactory trial version www.pdffactory.com passed and if in any case it shall appear to the Government that any such decision or order should be modified annulled or revised, the Government may after giving the persons affected thereby an opportunity of being heard, pass such order thereon as it may deem fit'' Powers to make 73. (1) The State Government may, by notification and subject to rules. The condition of previous publication, make rules for carrying out the purposes of this Act. (2) in particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following purposes, namely- (a) The salary, allowances and conditions of service of members under section 7, (b) The manner and form in which contracts shall be entered into under section18, (c) The form of annual housing programme, budget and schedule of staff of officers and servants, particulars of housing schemes and other particulars to be contained in the programme under section 23, (d) The form of notice under section 41 (e) The rate of interest under section 42 (f) The forms of notice under sections 51 and 52 and any other manner in which they may be served, (g) The Procedure to be followed in taking possession of any Board premises under section 51, (h) The manner in which damages under section 52 may be assessed, (i) The manner in which appeals may be preferred under section 54 and the procedure to be followed in such appeals, (j) The conditions subject to which the Board may borrow any sum under section 60, (k) The manner of preparation, maintenance and publication of accounts under section 61, (I) The date before which, the form in which, the interval at which and the matter on which reports shall be submitted under section64, (m) The time at which and the form and manner in which statistics, return, particulars and statement shall be submitted under section 65, (n) The manner in which the Board shall be superseded and reconstituted under section 72. (o) Specifying the bye-laws contravention of any of which shall be an offence, and (p) Any other matter which is to be or may be prescribed under this Act. (3) Every rule made under this section shall be laid as soon as may be after it is made before the House of State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Regulations 74. The Board may, from time to time with the previous sanction of the State Government by notification, make regulations consistent with this Act and with any rules made thereunder:- (a) for the mangement and use of buildings constructed under any housing scheme, (b) the principles to be followed in allotment of tenements and premises, PDF created with pdfFactory trial version www.pdffactory.com (c) for regulating its procedure and the disposal of its business, and (d) for determining the conditions of service, functions and duties of the officers and servants of the Board' Power to make 75. (1) The Board may make bye-laws, not inconsistent with Byelaws this Act and the rules and regulations made thereunder, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act. (2) No bye-law made by the Board shall come into force until it has been confirmed by the State Government with or without modification. (3) All bye- laws made under this section shall be published in the Official Gazette. Penalty for contraven-76. Whosoever contravenes a by-laws made under tion of bye-laws section 75 the contravention of which is prescribed as an offence shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both. Penalty for obstructing 77. If any person-Etc. (a ) obstructs 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 (b ) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act, he shall, on conviction , be punished with imprisonment for a term which a term which may extend to five hundred rupees or with both. Authority for