Amendment status not verified — confirm the current text below against the official source.
This Act was enforced from 1st August 1971 vide notification No. 2532 -HB-7112145 dated 20th July 1971. PDF created with pdfFactory trial version www.pdffactory.com (h) '' Housing Scheme'' means a housing scheme made under this Act, (i) 'Land'' includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth, (j) 'Local authority' means a municipality constituted under the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), or a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952 (Punjab Act 4 of 1953), or a Panchayat samiti or a Zila Parishad constituted under the Punjab Panchayat samitis and Zila Parishads Act, 1961 (Punjab constituted under the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act 3 of 1961), or an improvement Trust constituted under the Punjab Town improvement Act, 1922 (Punjab Act 4 of 1922 ), (k) '' Member'' means a member of the Board and includes the Chairman and Chief Administrator, (I) '' Premises'' means land, any building or part of a building and includes,- (i) Gardens, grounds and out-houses, if any, appertaining to such building or part of a building, and (ii) Any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof, (m) " Prescribed'' means prescribed by rules, (n) '' Programme'' means the annual housing programme prepared by the Board under section 23, (o) '' Regulations'' means regulations made under section 74, (p) '' Rent '' means the amount payable to the Board in respect of the occupation of the Board's premises and includes the charges for water and electricity payable in respect of water and electricity used or consumed in the premises, (q) ''Secretary'' means the Secretary of the Board, (r) '' Tribunal'' means the Tribunal specified under section 46,and (s) 'Year' means the year commencing on the 1st day of April and ending on the 31st day of March. CHAPTER II ESTABLISHMENT OF THE BOARD Establishment and 3. (1) With effect from such date as the State Government may, by notification appoint in this behalf, there shall be establishment for carrying out the purposes of this Act a Board to be known as ''the Housing Board Haryana'' with headquarters at such place as the State Government may specify. (2) The Board shall, by the name aforesaid, be a body corporate having perpetual succession and a common seal, and subject to any restriction by or under this Act or the rules made thereunder, shall have the power to acquire, hold, administer and transfer property, movable or immovable, and to enter into contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted. (3) For the purposes of this Act and the Land Acquisition Act 1894 the Board shall be deemed to be a local authority. PDF created with pdfFactory trial version www.pdffactory.com Explanation - The purposes of this act referred to in sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or for the purposes of this Act and the exercise of its rights over and with respect to such lands and buildings for the purposes of this Act. (4) The Board shall consist of a Chairman, a Chief Administrator and such other members not more than twelve and not less than six, as the State Government may, from time to time by notification, appoint: '' Provided that the Chief Administrator shall be appointed from amongst officers of the rank of Head of the Department or Joint secretary of the State Government". (5) The Chairman, the Chief Administrator or a member may at any time resign his office by submitting his resignation to the State Government: Provided that the resignation shall not take effect until it is accepted. (6) Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, the State Government may constitute a Board consisting of one person, who shall be an officer of the State Government, to be appointed by the state Government, and a Board so constituted shall, as from the commencement of this Act and for a period not exceeding one year from such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of the Act. Non-applicability 4 The East Punjab Urban Rent Restriction Act, 1949, shall not East Punjab Act apply nor shall be deemed to have ever applied, to any land or 3 of 1949 building belonging to or vesting in the Board under or for the purposes of this Act, and as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building but shall apply to any land or building let to the Board. Leave of absence 5 The State Government, may, from time to time, grant to the of Chairman and Chairman and the Chief Administrator such leave as may be Chief Administrator admissible under the rules made under this Act and any person whom the State Government appoints to act for the Chairman or the Chief Administrator during such absence on leave shall, while so acting, be deemed for all purposes of this Act, to be the Chairman or the Chief Administrator, as the case may be. Disqualifications. 6 (1) A person shall be disqualified for being appointed or for continuing as the Chairman or member of the Board if he- (a) holds any office or place of profit under the Board (b) is of unsound mind, (c) is an undischarged insolvent, (d) has, directly or indirectly by himself or by any partner,any share or interest in any contract or employment with, by or on behalf of, the Board,. (e) is a Director or a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board, or (f) has been convicted of any offence involving moral turpitude, (g) in the opinion of the State Government - (i ) has become incapable of acting, or (ii) is otherwise unfit to continue as a member. PDF created with pdfFactory trial version www.pdffactory.com (2) A person shall not be disqualified under clause (d) or clause (e) of sub-section (I) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause, by reason only of his or the incorporated company of which he is Director, Secretary, Manager or other salaried officer, having a share or interest in any newspaper in, which any advertisement relating to the affairs of the Board is inserted. (3) A person shall not also be disqualified under clause (d ) or clause (e ) of sub-section (i) or be deemed to have any share or interest in any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board, by reason only of his being a shareholder of such company. Provided that such person discloses to the state government the nature and extent of the shares held by him. Terms of office and 7. (1) Every member shall hold office for a period of three conditions of service. Years from the date of his appointment: Provided that after the expiry of the period of his appointment, a person shall be eligible for reappointment as a member. (2) Every member shall receive such salary and allowances as may be prescribed. (3) The salary and allowances to the members shall be paid from the fund of the Board and such salaries and allowances and other conditions of service shall be such as may be prescribed. Chairman, Chief Ad 7A. Notwithstanding anything contained in section 3 or Administrator and other section 7 or any other provision of this Act, the members to hold office Chairman, Chief Administrator and other members of during pleasure of the Board shall hold office during the pleasure of the State Government. Filling of vacancies 8. (1) If a vacancy occurs in the office of Chairman, Chief Administrator or other member by death, resignation, removal, disqualification or otherwise the vacancy shall be filled by the State Government by appointing a new Chairman, Chief Administrator or other member to that office. (2) Chairman, Chief Administrator or any other member appointed to fill the vacancy shall, notwithstanding anything contained in section -7, hold office for the unexpired portion of the term of his predecessor. Proceedings