The PUDUCHERRY HOUSING BOARD ACT, 1973
puducherry · 1974
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- S. 1(1) This Act may be called the Puducherry Housing Board Act, 1973
- S. 2Section 2 defines key terms used in the Puducherry Housing Board Act, 1973, including "betterment fee," "Board," and "Government."
- S. 3Establishes the Puducherry Housing Board with specified members and powers to manage housing projects.
- S. 4The appointment of Chairman and non-official members shall be notified in the Official Gazette
- S. 5Section 5 outlines the terms, resignation process, and appointment procedures for the Housing Board's Chairman and members.
- S. 6Section 6 lists disqualifications for membership on the Puducherry Housing Board, including criminal conviction, insolvency, unsound mind, and conflicts of interest.
- S. 7The Chairman shall not undertake any work unconnected with his office without the previous sanction of the Government
- S. 8Section 8 allows the government to appoint a temporary Chairman for the Housing Board when the actual Chairman is absent or on leave.
- S. 9Section 9 allows the Government to remove the Chairman or non-official members for misconduct, absence, legal conflicts, or unsuitability.
- S. 10The Housing Board can hire and set the ranks of necessary staff for its operations.
- S. 11Section 11 sets salaries and service terms for Housing Board employees, controlled by the Chairman.
- S. 12Section 12 grants the Chairman authority to oversee and delegate powers to Board officers, except for specific duties outlined in sections 14 and 85.
- S. 13Section 13 allows the Board to establish a housing unit in specified areas for efficient operations and defines its structure and officer roles.
- S. 13ASection 13A allows certain individuals to participate in the Housing Board's activities without disqualification.
- S. 14Section 14 outlines the Board's meeting procedures, quorum, presiding officer, voting, and reporting to the housing department.
- S. 15Section 15 allows the Housing Board to associate up to five non-voting advisors and permits government officers to attend meetings without voting rights.
- S. 16Section 16 allows the Housing Board to form committees to discharge duties, with the Chairman as President, subject to Board confirmation.
- S. 17Section 17 prohibits Board or Committee members and associates from participating in proceedings where they have a personal interest.
- S. 18Section 18 ensures actions by the Board or Committee are valid despite minor constitutional or appointment defects.
- S. 19Section 19 authorizes the Chairman to approve housing board expenditures up to ₹50,000 and the Board for larger projects, subject to government approval for expenses over ₹10 lakh.
- S. 20Section 20 authorizes the Board or Chairman to approve expenditure estimates for works or schemes under the Act, subject to conditions in section 19.
- S. 21The Chairman can authorize urgent works or actions for public safety, with expenses paid by the Board, but must report and follow Board/Government directions.
- S. 22The Housing Board can make contracts needed to fulfill its duties under the Act.
- S. 23Section 23 outlines the Board's contract execution process, requiring authorized officers, security deposits, written agreements, and Board reporting for high-value contracts.
- S. 24Section 24 ensures contracts or agreements made by the Housing Board comply with rules, invalidating any contrary contracts.
- S. 25Section 25 states that contracts or agreements violating this Act or its rules are not binding on the Housing Board.
- S. 26Section 26 exempts the Chairman or Board officers from personal registration appearances for official instruments.
- S. 27Section 27 authorizes the Housing Board to incur expenditure for housing schemes and take over local authority projects.
- S. 28Section 28 allows the government to transfer slum area land to the Housing Board for clearance or improvement, directing the Board to execute specified schemes.
- S. 29Section 29 outlines the conditions under which the Housing Board can execute housing schemes and the appeal process for local authorities.
- S. 30Section 30 of the Puducherry Housing Board Act, 1973 authorizes housing schemes to include property acquisition, land layout, site distribution, demolition, construction, and infrastructure development.
- S. 31Section 31 lists various housing schemes the Puducherry Housing Board can implement.
- S. 32Section 32 allows the Housing Board to create housing schemes with layouts, amenities, and house sales or leases.
- S. 33Section 33 allows the Board to create rebuilding schemes for areas needing redevelopment, including road reservations, site re-layout, compensation, and building reconstruction.
- S. 34Section 34 allows the Housing Board to create re-housing or rehabilitation schemes for displaced or surplus persons due to housing projects.
- S. 35Section 35 allows the Housing Board to create and enforce expansion schemes to control and plan city, town, or village development.
- S. 36Section 36 allows the Housing Board to create or alter streets for urban development, including land acquisition and infrastructure improvements.
- S. 37Section 37 allows the Housing Board to create deferred street schemes for future street widening without immediate property acquisition.
- S. 38Section 38 allows the Housing Board to create development schemes for areas, specifying layouts, amenities, and sale/hire-purchase of sites.
- S. 39Section 39 allows the Board to create improvement schemes for areas with unfit or dangerously unhealthy housing conditions.
- S. 40Section 40 mandates the Housing Board to publish housing scheme details and objections period in the Gazette and newspapers, and provide scheme documents on request.
- S. 41Section 41 mandates local authorities to forward any representations about a housing scheme to the Board within 60 days.
- S. 42Section 42 mandates the Housing Board to notify property owners of proposed betterment fee recovery and allows objections within thirty days.
- S. 43Section 43 mandates local authorities to provide assessment list copies or extracts to the Chairman upon request.
- S. 44Section 44 outlines the process for the Housing Board to modify or sanction housing schemes and the Government's role in approving or rejecting them.
- S. 45Section 45 mandates the notification of housing schemes, allows appeals against them, and makes government decisions final.
- S. 46Section 46 mandates the Housing Board to execute approved housing or improvement schemes promptly after they come into force.
- S. 47Section 47 allows the Housing Board to alter or cancel housing schemes before execution, with government approval for significant cost increases or land acquisitions.
- S. 48Section 48 details the Board's acquisition of buildings or land for housing schemes and compensation rules for local authorities.
- S. 49Section 49 mandates the Housing Board to take over private streets for housing schemes, compensate owners, and provide alternative access if alterations cause damage.
- S. 50Section 50 mandates the Housing Board to maintain streets and open spaces for public safety and convenience.
- S. 51Section 51 allows the Housing Board to transfer completed streets and open spaces to local authorities for maintenance.
- S. 52The Housing Board can close streets for its work and post signs to restrict traffic.
- S. 53Section 53 mandates the Housing Board to manage traffic, access, and utilities during street works and compensate for special damages.
- S. 54Section 54 empowers the Board to close public streets or squares and compensate affected users, and to sell or lease unused portions.
- S. 55Section 55 allows the Board to manage non-vehicular lanes by agreements for supervision, repairs, and lighting.
- S. 56Section 56 mandates the Housing Board to plan, coordinate, and implement housing schemes, provide technical advice, manage properties, and establish research and material supply workshops.
- S. 57The Housing Board can include supervision and percentage charges up to 12.5% in housing schemes, with government oversight.
- S. 58The Government can modify, annul, or stay housing schemes by the Board and treat modified schemes as sanctioned.
- S. 59Section allows government to exempt housing schemes from certain provisions by notification.
- S. 60Section allows the Housing Board to acquire land for its purposes under the Land Acquisition Act.
- S. 61The Board can acquire land for the Act's purposes but needs government approval for land valued over three lakh rupees.
- S. 62The Housing Board can sell, lease, or exchange any land it owns or acquires under the Act.
- S. 63Section 63 allows the Board to levy a betterment fee for land value increase due to housing schemes, with one-third of the increase as fee.
- S. 64Section 64 outlines the process for the Housing Board to assess and notify betterment fees for advanced housing schemes.
- S. 65Section 65 mandates the Housing Board to notify and recover betterment fees with interest, allowing payment in up to ten annual installments.
- S. 66Section 66 allows the Housing Board to recover betterment fees and interest as land revenue arrears, without hindering land acquisition.
- S. 67Section 67 allows betterment fee payment for land not to hinder its acquisition under the Land Acquisition Act.
- S. 68(1) If the competent authority is satisfied
- S. 69Section 69 allows the Housing Board to recover unpaid rent and unauthorized occupation damages as land revenue after notice.
- S. 70Section 70 allows aggrieved individuals to appeal housing board orders to the Government, which can make final decisions and stay enforcement if needed.
- S. 71Section 71 allows government or local authority employees allotted housing by the Board to have rent deducted from their salary, with court jurisdiction barred.
- S. 72Section 72 prevents legal challenges or injunctions against actions taken by the Government or Board under this chapter.
- S. 73Section 73 establishes the Housing Board's fund, its sources, and its investment and borrowing powers.
- S. 74Section 74 authorizes the Puducherry Housing Board to borrow funds, take credit, and grant loans for housing schemes.
- S. 75Section 75 outlines the form, signing, exchange, transfer, and coupon payment details for debentures issued by the Puducherry Housing Board.
- S. 76Section 76 allows debentures or securities payable to multiple joint holders to remain payable to survivors upon one holder's death.
- S. 77Section 77 ensures that a payment to any joint holder discharges the housing board's liability for interest or dividends on debentures or securities.
- S. 78Section prioritizes repayment of loans and interest over other dues in housing board payments.
- S. 79Section 79 outlines the repayment methods for loans taken by the Puducherry Housing Board, including options like sinking funds, installments, or borrowed funds.
- S. 80Section 80 mandates the establishment of a sinking fund for loan repayment and prescribes its annual contributions and interest rate.
- S. 81Section 81 allows the Housing Board to stop adding to the sinking fund if it accumulates enough to repay the loan as per the agreed period.
- S. 82Section 82 mandates the Housing Board to invest funds in government or government-guaranteed securities.
- S. 83Section 83 mandates that the sinking fund can only be used to repay housing board loans, not for other purposes.
- S. 84Section 84 mandates the Pay and Accounts Officer to annually review the Housing Board's sinking fund and ensure it matches estimated returns.
- S. 85Section 85 mandates the Chairman to present annual income and expenditure estimates to the Board, detailing capital and revenue funds, and sends copies to members ten days prior.
- S. 86Section 86 authorizes the Housing Board to approve or modify government-submitted estimates.
- S. 87Section 87 outlines the process for the Housing Board to submit and amend estimates for government approval.
- S. 88Section allows the Chairman to prepare and present supplementary estimates to the Board.
- S. 89Section 89 regulates the housing board's expenditures, ensuring they align with approved estimates or closing balances, with specific exemptions for refunds, legal settlements, compensation, and emergencies.
- S. 90(1) The Board shall keep a capital account and a revenue account
- S. 91Section 91 allows the Board to transfer funds between Capital and Revenue accounts with government approval to cover expenditures and deficits.
- S. 92Section mandates the Housing Board to annually prepare and submit a budget to the Government for its administration under the Act.
- S. 93Section 93 mandates the Housing Board to maintain accounts, undergo annual audit, and submit certified accounts to the Government.
- S. 94Section 94 mandates the Housing Board to annually submit a financial activity report to the Government by a prescribed date.
- S. 95Section penalizes unauthorized removal of barriers or infringement of housing board orders with a fine up to fifty rupees.
- S. 96Section 96 penalizes unauthorized alterations to buildings that project beyond prescribed limits, with fines up to ₹500 for masonry and ₹50 for others.
- S. 97Section penalizes non-compliance with auditor's requisitions with fines up to ₹100, plus ₹50 daily for continued failure.
- S. 98Section penalizes obstruction or molestation of Board contract personnel or removal of construction marks with fines up to ₹200.
- S. 99Section 99 imposes fines for violations of the Puducherry Housing Board Act, including daily fines for ongoing offenses.
- S. 100Section 100 allows magistrates to order compensation for damages caused by offenses under the Act, with unpaid amounts recoverable as fines.
- S. 101The Housing Board can compound offences under the Act, discharging offenders and directing fines to the Board.
- S. 102All fines realised in connection with prosecution under this Act shall be paid to the Board
- S. 103Section 103 restricts court cognizance of offenses under the Act to complaints by the Chairman within six months.
- S. 104Section 104 mandates police officers to cooperate with the Housing Board, report offenses, and assist in enforcing the Act.
- S. 105Section 105 allows police officers to arrest individuals for offenses under the Act if they refuse to provide true identity details.
- S. 106Section 106 authorizes the Chairman to initiate, defend, or withdraw legal proceedings and claims under the Act, and seek legal advice.
- S. 107Section 107 protects the government, board, and employees from legal actions for actions taken in good faith under the Act.
- S. 108Section 108 prevents lawsuits against the Board or its members until 60 days after notice is given to the Board.
- S. 109Section 109 states that written approvals or consents signed by the Board or its officers are sufficient evidence.
- S. 110Section 110 allows the Chairman to order a wall or building's alteration or demolition and recover costs if not done by the owner.
- S. 111The section allows the Housing Board to pay reasonable compensation for damages caused by its powers.
- S. 112Section 112 mandates public notices under the Act to be published in conspicuous places or leading local newspapers.
- S. 113Section 113 mandates publication of notices, schemes, notifications, or documents in at least one English and two Tamil daily newspapers in the relevant area.
- S. 114Section 114 allows notices or bills to be deemed properly signed if they bear a facsimile of the Chairman's or authorized member's signature, stamped.
- S. 115Section 115 outlines the methods for serving notices, bills, or documents under the Puducherry Housing Board Act, 1973.
- S. 116Section 116 authorizes the Board to survey land and contribute to surveys by other authorities for housing purposes.
- S. 117—
- S. 118Section 118 authorizes the Puducherry Housing Board to guarantee payments, provide subsidies, or construct means of transportation with government sanction.
- S. 119Section 119 deems every member and officer of the Board as public servants under the Indian Penal Code.
- S. 120Section 120 requires prior approval from the Housing Board or an authorized officer for prosecuting any offense under the Act.
- S. 121Section 121 allows the Government to direct the Housing Board to perform local authority duties in housing schemes.
- S. 122Section 122 mandates the Housing Board's Chairman to submit any required documents or reports to the Government as directed.
- S. 123The Housing Board must submit an annual report to the Government detailing its administration for the previous year.
- S. 124Section 124 allows the Government to direct the Housing Board and local authorities to comply for Act implementation.
- S. 125Section 125 allows the Government to suspend the Housing Board if it fails to perform duties or misuses powers, transferring its functions and assets to another authority.
- S. 126Section 126 allows the government to dissolve the Housing Board and transfer its powers, assets, and liabilities to the government.
- S. 127Section 127 deems the Board as a local authority for land acquisition and loans purposes.
- S. 128Section 128 makes all orders and notices by the Government or Board under the Act final and non-questionable in legal proceedings.
- S. 129—
- S. 130Section 130 empowers the Board to create regulations for the efficient functioning and management of its affairs, subject to government approval.
- S. 131The section allows the Government to issue orders to address difficulties in implementing the Act, but only within two years of its commencement.
- S. 132Section 132 amends the Puducherry Town and Country Planning Act to redefine the Planning Authority's composition for housing planning.