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      • 1. Short title, commencement and application.
      • 2. Definitions.
      • 3. Number and character of posts.
      • 4. Nationality and character.
      • 5. Age.
      • 6. Eligibility for appointment.
      • 7. Disqualifications.
      • 8. Appointing authority.
      • 9. Mode of recruitment.
      • 10. Probation.
      • 11. Seniority.
      • 12. Liability to serve.
      • 13. Pay, leave and other matters.
      • 14. Discipline, penalties and appeals.
      • 15. Vaccination.
      • 16. Oath of allegiance.
      • 17. Special provisions.
      • 18. Reservation.
      • 19. Power of relaxation.
      • 20. Interpretation of regulations.
      • 21. Repeal and saving.
      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Establishment and constitution of Board.
      • 4. Non-applicability of East Punjab Act 3 of 1949.
      • 5. Leave of absence of Chairman and Chief Administrator.
      • 6. Disqualifications.
      • 7. Terms of office and conditions of service.
      • 7A. Chairman and members to hold office during pleasure of State Government.
      • 8. Filling of vacancies.
      • 9. Proceedings presumed to be good and valid.
      • 10. Temporary absence of members.
      • 11. Officers and servants of Board.
      • 12. Provident Fund.
      • 13. General disqualifications of officers and servants.
      • 14. Appointment of Committees.
      • 15. Meetings of the Board.
      • 16. Association of persons with Board.
      • 17. Power to make contracts.
      • 18. Execution of Contracts.
      • 19.
      • 20. Duty of Board to undertake housing schemes.
      • 21. Matter to be provided for by housing schemes.
      • 22. No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme.
      • 23. Preparation and submission of annual housing programme, budget and establishment schedule.
      • 24. Sanction to programme, budget and establishment schedule.
      • 25. Publication of sanctioned programme.
      • 26. Supplementary programme and budget.
      • 27. Variation of programme by Board after it has been sanctioned.
      • 28. Sanctioned housing scheme to be executed.
      • 29. Publication of housing scheme in the Official Gazette.
      • 30. Transfer to Board for purposes of housing scheme of land vested in a local authority.
      • 31. Compensation in respect of land vested in Board.
      • 32. Power of Board to turn or close public street vested in it.
      • 33. Reference to Government in case of dispute under sections 31 and 32.
      • 34. Vesting in the local authority of streets laid out or altered and open spaces provided by Board under housing schemes.
      • 35. Other duties of Board.
      • 36. Board to assume management of requisitioned lands.
      • 37. Reconstitution of plots.
      • 38. Schemes entrusted to Board by State Government.
      • 39. Power to purchase, lease or acquire land.
      • 40. Betterment charges.
      • 41. Notice to person liable for betterment charges.
      • 42. Agreement for payment of betterment charges.
      • 43. Recovery of betterment charges.
      • 44. Power to dispose of land.
      • 45. Disputes regarding re-constitution of plots.
      • 46. Tribunal.
      • 47. Duties of Tribunal.
      • 48. Powers of and procedure before Tribunal.
      • 49. Decision of Tribunal to be final.
      • 50. Appeal to the High Court.
      • 51. Power to evict persons from Board premises.
      • 52. Power to recover rent loan or damages as arrears of land revenue.
      • 53. Rent to be recovered by deduction from salary or wages in certain cases.
      • 53A. Penalty.
      • 54. Appeal
      • 55. Finality of orders and bar of jurisdiction of Civil Courts.
      • 56. Board's Fund.
      • 57. Application of the Housing Board Fund.
      • 58. Expenditure in case of urgency, etc.
      • 59. Subventions and loans to Board.
      • 60. Power of Board to borrow.
      • 61. Accounts and Audit.
      • 62. Concurrent and special audit of account.
      • 63. Transfer of assets and liabilities.
      • 64. Report.
      • 65. Statements and returns.
      • 66. Power of entry.
      • 67. Notice of suit against Board.
      • 68. Triennial valuations of assets and liabilities of Board.
      • 68A. Delegation.
      • 69. Members, Officers and servants of Board to be public servants.
      • 70. Indemnity.
      • 71. Power of Government to give direction to Board.
      • 72. Control of State Government over Board.
      • 72A. Appeal.
      • 72B. Revision.
      • 73. Power to make rules.
      • 74. Regulations.
      • 75. Power to make bye-laws.
      • 76. Penalty for contravention of bye-laws.
      • 77. Penalty for obstructing etc.
      • 78. Authority for prosecution.
      • 79. Registration of documents executed on behalf of Board.
      • 80. Dissolution of Board.
      • 81. Removal of difficulties.
      • 1. Short title.
      • 2. Definitions.
      • 3. Powers.
      • 4.
      • 5. Issue of debentures.
      • 6. Debentures to be negotiable.
      • 7. Reservation of debentures.
      • 8.
      • 9. Underwriting Commission.
      • 10. Applications.
      • 11. Subscription.
      • 12. Value of debentures.
      • 13. Condition of issue of replacement of debentures.
      • 14. Statement.
      • 15. Direction by Government.
      • 16. Charge.
      • 17. Default.
      • 1. Short title, application and commencement.
      • 2. Definitions.
      • 3. Allotment and tenements.
      • 4. Issue of notice for inviting applications and power of Board to allot tenement.
      • 5. Application for tenements.
      • 6. Register of applications.
      • 7. Drawing of lots for purposes of allotment.
      • 8. Allotment of tenements.
      • 9. Power of Board to allot.
      • 10. Allotment letter, conditions of allotment etc.
      • 11. General liability of allottees.
      • 12. Refund of amount of initial payment.
      • 13. Consequences on failure of allottee to take possession.
      • 14. Use and Maintenance of tenement.
      • 15. Saving.
      • 1. Short Title.
      • 2. Definitions.
      • 3.1. Holding of Meetings.
      • 3.2. Who may call a meeting of the Board.
      • 4. Date, Time and Place of meeting.
      • 5.1. Quorum.
      • 5.2. When a quorum not present meeting to be dissolved and when to be adjourned.
      • 5.3. Power to adjourn meeting.
      • 5.4. Power of a meeting in which quorum is present.
      • 6.1. Who shall preside at the meetings of the Board.
      • 6.2. Presiding Authority's Duties for Conducting the meeting.
      • 7.1. Agenda for meetings.
      • 7.2. Inclusion of Items in the Agenda.
      • 7.3. Order of transacting business.
      • 8.1. Notice for the meeting.
      • 8.2. Non-Delivery of notice for Agenda.
      • 8.3.
      • 9.1. Changes in the Time and date of meeting.
      • 9.2.
      • 10. Constitution of Committees, etc.
      • 11. Circulatory Resolution.
      • 12. Matters to be decided by the Board.
      • 13.1. Participation of non-members in the deliberations of the Board.
      • 13.2.
      • 14. Aggrieved persons to be heard in person.
      • 15.1. Recording and confirmation of Minutes.
      • 15.2. The minutes shall be recorded either during the meeting or as soon thereafter as possible and shall contain.
      • 15.3.
      • 15.4.
      • 15.5.
      • 15.6.
      • 15.7.
      • 16.1. Right of vote.
      • 16.2.
      • 17.1. Miscellaneous.
      • 17.2.
      • 17.3.
      • 1. Short title.
      • 2. Definitions.
      • 3.
      • 4.
      • 5. Remuneration of Chairman and members.
      • 6. Resignation.
      • 7. Travelling Allowances.
      • 8. Medical Facilities.
      • 9. Accommodation Facilities.
      • 10. Leave and leave salary.
      • 11. Function of non-official Part-Time Members.
      • 12. Whole-time member not to accept any other assignment.
      • 1. Short title
      • 2. Definitions
      • 3. Disposal of property
      • 4. Charges, Form of notice
      • 5. Rate of interest
      • 6. Procedure before Tribunal
      • 7. Form of Notice
      • 8. Mode of service of notice
      • 9. Entry into premises for taking possession
      • 10. Assessment of damages for unauthorised occupation
      • 11. Procedure of appeals
      • 1. Short title.
      • 2. Definitions.
      • 3. Delegation of powers to sanction contracts Section 18.
      • 4. Manner and form of contract.
      • 1. Short Title.
      • 2. Definitions.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
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      • 16.
      • 17.
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      • 19.
      • 20.
      • 21.
      • 22.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 1. Short Title.
      • 2. Definitions.
      • 3. Display of notices regarding wages, etc.
      • 4. Payment of Wages.
      • 5. Fixation of wages periods.
      • 6. Wages book and Wage Slip, etc.
      • 7. Fines and deductions which may be made from wages.
      • 8. Register of fines, etc.
      • 9. Preservation of Books.
      • 10. Powers of Labour Welfare Officers to make investigations or enquiry.
      • 11. Report of Labour Welfare Officer.
      • 12. Appeal against the decision of Labour Welfare Officer.
      • 13.
      • 14. Inspection of registers.
      • 15. Submission of return.
      • 16. Amendments.
      • 1.

Haryana Housing Board Act, 1971

Haryana Act No. 20 of 1971

hl265

Received the assent of the President of India on the 14th May, 1971, and was first published in the Haryana Government Gazette of the 18th May, 1971.

LEGISLATIVE HISTORY 6

  • Amended by Haryana Act 8 of 1973
  • Amended by Haryana Act 47 of 1974
  • Amended by Haryana Act 28 of 1976
  • Amended by Haryana Act 20 of 1979
  • Amended by Haryana Act 27 of 1980
  • Amended by Haryana Act 10 of 1986
  • Amended by Haryana Act 10 of 1989

    • An Act to provide for measures to be taken to deal with and satisfy the need of housing accommodation

    Be it enacted by the Legislature of the State of Haryana in the Twenty-second Year of the Republic of India as follows :-

    Chapter I

    Preliminary

    1. Short title, extent and commencement. - (1) This Act may be called the Haryana Housing Board Act, 1971.

    (2) It extends to the whole of the State of Haryana.

    (3) It shall come into force on such date as the State Government may by notification appoint in this behalf.

    Object & Reasons6

    Statement of Objects and Reasons. - Next to food and clothing, housing is the basic necessity of mankind. The housing problem has become serious on account of the phenomenal increase in population. Rapid industrialisation has led to the congestions in urban areas. The concentration of almost all industries in urban areas and the comparative high wages paid to the factory workers coupled with the lack of sufficient opportunities in the rural areas have resulted in a large scale shift of population from villages. With the object of easing the housing problem by constructing more houses and raise standards in the types of houses, the State Government have been implementing various housing schemes sponsored by the Government of India. Under these schemes financial assistance in the shape of loans as well as grants is given to the employers, local bodies, individuals, and co-operative societies of individuals and industrial workers. The loan with interest at the rate payable to the Government of India plus 1/2 per centum as administrative charges is recovered in 15/25 annual equated instalments. Since the formation of the State of Haryana Rs. 1.57 crore have been so disbursed.

    2. To tackle the stupendous problem of housing sufficient funds are required. The funds, which are being allocated each year in the plan and out of L.I.C. funds are very meagre with the result that the problem continues. To meet the increasing demands for houses, Government resources alone are not sufficient. To supplement Government resources it was, therefore imperative to mobilise additional resources by raising loans and debentures for housing schemes as well as to secure loans out of Central Revolving Fund, which is being created by the Government of India with Rs. 200 crores.

    3. With a view to achieve the aforesaid object the matter was considered in the conference of Ministers for Housing, Urban Development and Town Planning held at a Bangalore from 18th to 20th June, 1969. The concensus of opinion was that the statutory State Housing Boards are the best agencies for tentative and speedy implementation of the housings programmes. Accordingly, it is proposed to constitute a Haryana State Housing Board. Hence the Haryana Housing Board Bill, 1971.

    Published vide Haryana Government Gazette (Extra.) 1971, page 122.

    Statement of Objects and Reasons - Haryana Act No. 20 of 1979 - The Haryana Housing Board Act, 1971, provided for a term of three years for the Chairman and the Members of the Board. It is thought expedient that the Chairman and Members of the Board should hold office at the pleasure of the State Government. It is also proposed to enable the Government to suspend the Board in certain circumstances.

    Hence this Bill.

    Published vide Haryana Government Gazette Extra Ordinary 1971 page 122.

    Haryana Act 27 of 1980 - Statement of Objects and Reasons. - The work of the Housing Board, Haryana, has increased significantly over the years and is expected to increase manifold in the years ahead. In order that the Board is able to handle the increased work load with efficiency, effective administrative supervision and co-ordination would be necessary. It is, therefore, proposed to provide the Board with an officer of the seniority of a Head of Department or Joint Secretary from the State Government. This officer will be designated as Chief Administrator.

    2. The purpose in view cannot be achieved without amending the present Act. Hence the Bill.

    Published vide Haryana Government Gazetted (Extra.) dated July 4, 1980, page 1254.

    2. Definitions. - In this Act, unless the context otherwise requires, -

    (a) "adjoining area" means such area as may be specified to be an adjoining area under section 21;

    (b) "Board" means the Housing Board, Haryana, established and constituted under Section 3;

    (c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act;

    (d) "building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes of this Act;

    (e) "bye-laws" means bye-laws made under section 75;

    (f) "Chairman" means the Chairman of the Board;

    [(ff) "Chief Administrator" means the Chief Administrator of the Board];

    (g) "competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter VI for such area as may be specified in the notification;

    (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 Samti or a Zila Parishad 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 the Chief Administrator];

    (l) "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

    3. Establishment and constitution of Board. - (1) With effect from such date as the State Government, by notification appoint in this behalf, there shall be established 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.

    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 aspect to such lands and buildings for the purpose 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 this Act.

    4. Non-applicability of East Punjab Act 3 of 1949. - The East Punjab Urban Rent Restriction Act, 1949 shall not apply nor shall be deemed to have ever applied to, any land or 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.

    [5. Leave of absence of Chairman and Chief Administrator. - The State Government may, from time to time, grant to the Chairman and the Chief Administrator such leave as may be 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.]

    6. Disqualifications. - (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.]

    (2) A person shall not be disqualified under clause (d) or clause (e) of sub-section (1) 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 a 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 (1) 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 or, 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.

    7. Terms of office and conditions of service. - (1) Every member shall hold office for a period of three 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.

    7A. [Chairman and members] to hold office during pleasure of State Government. - Notwithstanding anything contained in section 3 or section 7 or any other provision of this Act, the [Chairman, Chief Administrator and others members] of the Board shall hold office during the pleasure of the State Government.

    8. Filling of vacancies. - (1) If a vacancy occurs in the office of [Chairman, Chief Administrator and others members] by death, resignation, removal, disqualification or otherwise, the vacancy shall be filled by the State Government by appointing a new [Chairman, Chief Administrator and other members] to that office.

    (2) [A Chairman, a 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.

    9. Proceedings presumed to be good and valid. - No disqualification of, or defect in the appointment of, any person acting as a [Chairman, a Chief Administrator] or a member shall be deemed to vitiate any act or proceedings of the Board if such act or proceeding is otherwise in accordance with the provisions of this Act.

    10. Temporary absence of members. - If any member of the Board other than the [Chairman and the Chief Administrator] is by infirmity or otherwise rendered temporarily incapable of performing his duties or is absent on leave or on any other ground not resulting in the cessation of his membership, the State Government may appoint another person to officiate for him and perform his duties under this Act, or any rule or regulation made thereunder.

    11. Officers and servants of Board. - (1) The State Government may appoint a Secretary of the Board on such terms and conditions of service as it may deem fit.

    (2) The Board may create such other posts and appoint such other officers and servants thereto as it may consider necessary for the efficient discharge of its duties :

    [Provided that the previous sanction of the State Government shall be obtained for this purpose in respect of such categories of posts as may be specified by it from time to time, by notification.

    (a) for the creation of any post if either the minimum of the pay scale of the post exceeds eight hundred rupees per month or the maximum of the pay scale thereof exceeds one thousand, two hundred and fifty rupees per month; or

    (b) for the appointment, whether by promotion or otherwise, of any person to such post if the initial pay thereof exceeds eight hundred rupees per month or the maximum of the pay scale of the post exceeds one thousand, two hundred and fifty rupees per month]

    (3) Subject to the provisions of sub-section (1), the conditions of service, functions and duties of the officers and servants of the Board shall be such as may be determined by regulations.

    12. Provident Fund. - (1) The State Government shall establish a Contributory Provident Fund for the officers and servants of the Board and such Provident Fund (hereinafter called "the Fund") shall, notwithstanding anything contained in section 8 of the Provident Fund Act, 1925, be deemed to be a Government Provident Fund for the purposes of the said Act.

    (2) The Board shall in respect of each of its employees who is a subscriber to the Fund, pay into the Fund such portion of the contribution in such manner as the State Government may, from time to time, determine.

    13. General disqualifications of officers and servants. - No person who has directly or indirectly, by him-self or his partner or agent, any share or interest in any contract, by or on behalf of the Board, or in any employment under, by or on behalf of the Board, otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board.

    14. Appointment of Committees. - Subject to any rules made under this Act, the Board may, from time to time, and for any particular local area appoint one or more committees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such committee any discharge such duties or perform such functions with due regard to the circumstances and requirements of that local area.

    15. Meetings of the Board. - The Board shall meet and shall from time to time make such bye-laws with respect to the day, time, place, notice, management and adjournment of its meetings as it thinks fit, subject to the following provisions, namely:-

    (a) an ordinary meeting shall be held once at least [once in three months];

    (b) the Chairman may, whenever he thinks fit, call special meetings;

    (c) Every meeting shall be presided over by the Chairman and in his absence by any member chosen by the members present at the meeting for the occasion;

    (d) the quorum for every meeting shall be [one-third] of the number of members actually serving for the time being;

    (e) all questions at any meeting shall be decided by a majority of the members present and voting and in the case of equality of votes, the person presiding shall in addition to his vote as a member, have second or casting vote; and

    (f) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose and a copy of such minutes shall be forwarded to the State Government in the department concerned.

    16. Association of persons with Board. - (1) The Board may associate with itself, any person whose assistance or advice it may deem fit for carrying into effect any of the provisions of this Act.

    (2) A person associated with the Board under sub-section (1) for any purpose shall have the right to take part in the meetings of the Board relevant to that purpose, but shall not have the right to vote.

    (3) The State Government may, by order, depute its representatives to attend any meeting of the Board, on such items or subjects as the State Government may specify, but such representatives shall not have the right to vote.

    17. Power to make contracts. - The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

    18. Execution of Contracts. - [(1) Every contract shall be made in the name of the Board by [the Chief Administrator] or such other officer of the Board as may be authorised by it :

    Provided that no contract involving an expenditure of twenty lakhs rupees or more shall be made without the previous sanction of the State Government.]

    (2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.

    (3) Every contract [for and] on behalf of the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed.

    (4) A contract not made or executed as provided in this section and the rules made thereunder shall not be binding on the Board.

    19. [-]

    Chapter III

    Housing Scheme

    20. Duty of Board to undertake housing schemes. - Subject to the provisions of this Act and subject to the control of the State Government, the Board may incur expenditure and undertake works in any area for the framing and execution of such housing schemes as it may consider necessary from time to time or as may be entrusted to it by the State Government.

    21. Matter to be provided for by housing schemes. - Notwithstanding anything contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, namely :-

    (a) acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;

    (b) acquisition by purchase, exchange or otherwise of any land, division of the same into plots and the sale thereof after developing it or otherwise to co-operative societies or other persons, in accordance with the scheme;

    (c) laying or re-laying out of any land comprised in the scheme;

    (d) distribution or re-distribution of sites belonging to owners of property comprised in the scheme;

    (e) the closure or demolition of dwellings or portions of dwellings unit for human habitation;

    (f) demolition of obstructive buildings or portions of buildings;

    (g) the construction and re-construction of buildings, their maintenance and preservation;

    (h) sale, letting or exchange of any property comprised in the scheme;

    (i) construction and alteration of streets and back lanes;

    (j) drainage, water-supply and lighting of the area included in the scheme;

    (k) parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the enlargement of existing parks, playing-fields, open spaces and approaches;

    (l) sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water-supply;

    (m) accommodation for any class of inhabitants, industries, institutions, offices, local authorities, Co-operatives or Corporate bodies;

    (n) advance of money for the purpose of the scheme;

    (o) facilities for communication and transport;

    (p) collection of such information and statistics as may be necessary for the purpose of this Act; and

    (q) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to provide housing accommodation and, or, to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme.

    Explanation. - For the purposes of this section the State Government may, on the recommendation of the Board, by notification, specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area.

    22. No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme. - (1) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under the Punjab Town Improvement Act, 1922, or any other enactment for the time being in force, nor any housing scheme made under this Act shall contain anything which is inconsistent with any of the matter included in a town planning scheme sanctioned by the State Government under the [The Haryana Municipal Act, 1973] or other enactment for the time being in force.

    (2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any enactment referred to in sub-section (1) or contains anything inconsistent with any matter included in a town planning scheme sanctioned under [The Haryana Municipal Act, 1973] or any other enactment for the time being in force, the same shall be referred to the State Government whose decision shall be final.

    23. Preparation and submission of annual housing programme, budget and establishment schedule. - (1) Before the first day of December in each year, the Board shall prepare and forward to the State Government in such form as may be prescribed, -

    (i) a programme;

    (ii) a budget for the next year; and

    (iii) a schedule of the staff of officers and servants already employed and to be employed during the next year.

    (2) The programme shall contain, -

    (i) such particulars of housing schemes which the Board proposes to execute whether in part of whole during the next year as may be prescribed;

    (ii) the particulars of any undertaking which the Board propose to organise or execute during the next year for the purpose of the production of building materials; and

    (iii) such other particulars as may be prescribed.

    (3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year.

    24. Sanction to programme, budget and establishment schedule. - The State Government may sanction the programme, budget and the schedule at the staff of officers and servants forwarded to it with such modification as it deems fit.

    25. Publication of sanctioned programme. - The State Government shall publish the programme sanctioned by it under section 24 in the Official Gazette.

    26. Supplementary programme and budget. - The Board may, at any time, during the year, in respect of which a programme has been sanctioned under section 24 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the State Government and the provisions of sections 24 and 25 shall apply to such supplementary programme.

    27. Variation of programme by Board after it has been sanctioned. - The Board may, at any time, vary any programme or any part thereof sanctioned by the State Government :

    Provided that no such variation shall be made if it involves an expenditure in excess of ten per centum of the amount as originally sanctioned for the execution of any housing scheme included in such programme or affects its scope or purpose.

    28. Sanctioned housing scheme to be executed. - After the programme has been sanctioned and published by the State Government under sections 24 and 25 the Board shall, subject to the provisions of section 27, proceed to execute the housing scheme included in the programme.

    29. Publication of housing scheme in the Official Gazette. - (1) Before proceeding to execute any housing scheme under Section 28, the Board shall by notification publish the scheme. The notification shall specify that the plan showing the area which is proposed to be included in the housing scheme and the surrounding lands shall be open to inspection of the public at all reasonable hours at the office of the Board.

    (2) If within two weeks from the date of the publication of the housing scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modify the scheme as it thinks fit.

    (3) The Board shall then by notification publish the final scheme. The notification shall specify that the plan showing the area included in the final scheme and the surrounding lands and other particulars as may be prescribed shall be open to inspection of the public at all reasonable hours at the office of the Board.

    (4) The publication of a notification under sub-section (3) shall be conclusive evidence that the said scheme has been duly framed.

    30. Transfer to Board for purposes of housing scheme of land vested in a local authority. - (1) Whenever any street, square or other land, or any part thereof, situated in any area of a local authority and vested in the local authority, is required for the purpose of any housing scheme sanctioned by the State Government, the Board shall give notice accordingly to the local authority.

    (2) Where the local authority concurs, such street, square or other land, or part thereof, shall vest in the Board.

    (3) Where there is any dispute the matter shall be referred to the State Government. The State Government shall, after hearing the parties, decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly.

    (4) Nothing in this section shall affect the rights or powers of the local authority in or over any drain or water works in such street, square or land.

    31. Compensation in respect of land vested in Board. - (1) Where any land vests in the Board under the provisions of section 30 and the Board makes a declaration that such land shall be retained by the Board only until it revests in the local authority as part of a street or any open space under Section 34, no compensation shall be payable by the Board to the local authority in respect of the land.

    (2) Where any land vests in the Board under section 30 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land.

    (3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not re-vest in the local authority, the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub-section (2).

    32. Power of Board to turn or close public street vested in it. - (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof.

    (2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.

    (3) In determining the compensation payable to any person under sub-section (2), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid, is discontinued or closed.

    (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required.

    33. Reference to Government in case of dispute under sections 31 and 32. - If there is any dispute as to whether any compensation is payable under Section 31 or section 32 or as to the amount of compensation payable under section 31 or section 32, as the case may be, the matter shall be referred to the Tribunal.

    34. Vesting in the local authority of streets laid out or altered and open spaces provided by Board under housing schemes. - (1) Whenever the State Government is satisfied, -

    (a) that any street laid down or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, severed and drained in the manner provided in the programme sanctioned by the State Government under section 24 or varied under section 27 or modified under section 29;

    (b) that such lamps, lamp-posts and other apparatus as the local authority considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided; and

    (c) that water and other sanitary conveniences have been duly provided in such treet;

    the State Government may declare the street to be a public street, and the street shall thereupon vest in the local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the local authority.

    (2) When any open space for the purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the local authority.

    (3) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this section the matter shall be referred to the State Government whose decision shall be final.

    35. Other duties of Board. - It shall be the duty of the Board to take measurers with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for -

    (a) unification, simplification and standardisation of building materials;

    (b) encouraging pre-fabrication and mass production of house components;

    (c) organising or undertaking the production of building materials required for the housing schemes;

    (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction;

    (e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

    36. Board to assume management of requisitioned lands. - The Board shall, if the State Government so directs, and subject to the general control of the State Government, assume management of all or any of the lands requisitioned by or under authority of the State Government.

    37. Reconstitution of plots. - A housing scheme may provide, -

    (a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plot;

    (b) with the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership shall, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot;

    (c) for the allotment of a plot of any owner dispossessed of land in furtherance of the housing scheme; and

    (d) for the transfer of ownership of plot from one person to another.

    38. Schemes entrusted to Board by State Government. - The provisions of section 21 and section 23 to 29 (both inclusive) shall not be applicable to any housing scheme entrusted to the Board by the State Government except to such extent and subject to such modification as may be specified in any general or special order made by the State Government and every such order shall be published in the Official Gazette.

    Chapter IV

    Acquisition and Disposal of Land

    39. Power to purchase, lease or acquire land. - (1) The Board may enter into an agreement with any person or the State Government for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith :

    [Provided that the previous approval of the State Government shall be obtained in case of purchase or exchange involving land worth more than fifty lakhs rupees or lease for more than five years :

    Provided further that in case the land is purchased from or exchanged with the Haryana Urban Development Authority, no approval of the State Government shall be necessary.]

    (2) The Board may, from such date as the State Government may appoint by notification in this behalf, also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act 1894, as modified by this Act; and the acquisition of any land or any interest therein for the purpose of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894.

    40. Betterment charges. - (1) When by the making of a housing scheme the value of any land in the area comprised in the scheme will, in the opinion of the Board, be increased, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.

    (2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall be one- half of such increase in value.

    (3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.

    (4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for agricultural purposes at the time of the execution of the schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only after such land is used, or converted for use for non-agricultural purposes.

    41. Notice to person liable for betterment charges. - (1) The Board shall give notice in the prescribed form to any person, who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.

    (2) After hearing such person or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.

    (3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final.

    (4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.

    (5) The Tribunal shall, after holding an enquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person.

    42. Agreement for payment of betterment charges. - (1) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at such rate as may be prescribed.

    (2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any mortgage or charge, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.

    43. Recovery of betterment charges. - All sums payable in respect of any land by any person in respect of betterment charges under section 40 or by any person under an agreement under section 42 shall be recoverable on behalf of the Board as arrears of land revenue.

    44. Power to dispose of land. - Subject to any rules made by the State Government under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of any land, building or other property vested in it and situate in the area comprised in any housing scheme sanctioned under this Act.

    45. Disputes regarding re-constitution of plots. - (1) Where by the making of a housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, the Board shall after making such inquiry as it thinks fit award to the person affected by such re-constitution or dispossession such compensation as it deems reasonable. If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal.

    (2) The Tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person concerned.

    Chapter V

    Tribunal

    46. Tribunal. - The Tribunal shall be the District Judge having jurisdiction in the area concerned.

    47. Duties of Tribunal. - The Tribunal shall -

    (a) decide whether any compensation is payable under section 31;

    (b) decide the amount of compensation in matters referred to it under section 33;

    (c) decide disputes relating to betterment charges referred to it under section 41;

    (d) decide disputes and the amount of compensation to be a awarded under section 45; and

    (e) decide such other matters as may be prescribed by the rules made in this behalf.

    48. Powers of and procedure before Tribunal. - (1) In making enquiries the Tribunal shall have and exercise, as far as may be, the same powers and follow the same procedure as under the Code of Civil Procedure, 1908.

    (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.

    49. Decision of Tribunal to be final. - The decision of the Tribunal on any matter referred to it under this Act shall, subject to the provision of section 50, be final.

    50. Appeal to the High Court. - The Board or any person aggrieved by a decision of the Tribunal may within three months from 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

    51. Power to evict persons from Board premises. - (1) If the competent authority is satisfied, -

    (a) that the person authorised to occupy any Board premises has -

    (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 authorised to occupy such premises; or

    (b) that any person is in unauthorised 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 outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that the 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 ha been afforded an opportunity to show cause why such order should not be made.

    (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 clause (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.

    52. Power to recover [rent loan] or damages as arrears of land revenue. - (1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 51, where any person is in arrears of rent payable in respect of any Board premises, [or arrears of instalments payable in respect of any loan advanced by the Board for construction, re-construction or repair of 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 instalment 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 unauthorised 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 damage 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.

    53. Rent to be recovered by deduction from salary or wages in certain cases. - (1) Without prejudice to the provisions of section 51 any person, who is an employee of the State Government or a local authority and who has been 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 the 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.

    [53A. Penalty. - (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 per cent of the amount due, if it has reason to believe that the person liable to pay the amount has wilfully 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 be recoverable as arrears of land revenue.]

    [54. Appeal - (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

    (i) 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 appellate 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 filing 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 conditions as he deems fit.

    (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

    55. Finality of orders and bar of jurisdiction of Civil Courts. - (1) Save as otherwise expressly provided in this Act, every order made by a competent authority or an appellate 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

    56. Board's Fund. - (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 all or any of the purposes of this Act.

    (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 foregoing 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 authorised 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.

    57. Application of the Housing Board Fund. - All property, the Housing Board Fund, and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.

    58. Expenditure in case of urgency, etc. - (1) Where in the opinion of the Board circumstances of 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 State 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 reappropriation to the State Government.

    59. Subventions and loans to Board. - (1) The State Government may from time to time make 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.

    60. Power of Board to borrow. - (1) The Board may from time to time, with the previous 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 required 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.

    (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.

    61. Accounts and Audit. - (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 thereon to the State Government; and shall cause the 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 to the State Government may after perusal of the report of the auditor think fit to issue.

    62. Concurrent and special audit of account. - (1) Notwithstanding anything contained in section 61 the State Government may order that there shall be concurrent audit 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.

    63. Transfer of assets and liabilities. - (1) The State Government may transfer to the Board building, land or any other property, movable or immovable, for use and management by the Board on such conditions and limitations 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 may deem fit to impose for the purposes of this Act.

    Chapter VIII

    Miscellaneous

    64. Report. - 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.

    65. Statements and returns. - The Board shall also submit to the State Government such statistics, returns, particulars or statement 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.

    66. Power of entry. - The [Chief Administrator] or any person either generally or specially authorised by the [Chief Administrator] in this behalf may, with or without assistants or workmen, either 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 scheme sanctioned thereunder :

    Provided that -

    (i) no such entry shall be made between sunset and sunrise;

    (ii) no dwelling house and no pubic 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.

    67. Notice of suit against Board. - No person shall institute any suit against the Board or 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.

    68. Triennial valuations of assets and liabilities of Board. - The Board shall triennially have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State 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.

    [68A. Delegation. - The Board may, by resolution, authorise 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.].

    69. Members, Officers and servants of Board to be public servants. - All members, officers and servants of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

    70. Indemnity. - 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.

    71. Power of Government to give direction to Board. - The State Government may give the Board such directions as in its opinion are necessary or expedient for carrying 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.

    [72. Control of State Government over Board. - (1) The State Government shall exercise superintendence and 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, delegate any of his powers, duties or functions to such 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.]

    [72A. Appeal. - (1) Save as otherwise expressly provided in any other provision of this Act, an appeal shall lie from an original or appellate order of any officer of the Board or the Chairman under this Act or any rule or regulation made thereunder -

    (a) to the Chairman when the order is made by any officer of the Board;

    (b) to the Board when the order is made by the Chairman.

    (2) Every such appeal shall be preferred within a period of thirty days of the date of communication of the order :

    Provided that the Chairman or the Board, as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is convinced that the appellant was prevented by sufficient cause from filing the appeal in time.]

    [72B. Revision. - The Government may either suo moto or on an application of a party, call for and examine the record of any proceedings or decision or order passed by the Board, Chairman, Chief Administrator [or competent authority or Deputy Commissioner or any other officer appointed by the State Government] for the purpose of satisfying itself as to the legality or propriety of any decision or order 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].

    73. Power to make rules. - (1) The State Government may, by notification and subject to 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 section 18;

    (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;

    (l) the date before which, the form in which, the interval at which and the matter on which reports shall be submitted under section 64;

    (m) the time at which and the form and manner in which statistics, returns, 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 sessions 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 modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

    74. Regulations. - 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 management and use of buildings constructed under any housing scheme;

    (b) the principles to be followed in allotment of tenement and premises; and

    (c) for regulating its procedure and the disposal of its business.

    75. Power to make bye-laws. - (1) The Board may make bye-laws, not inconsistent with 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.

    76. Penalty for contravention of bye-laws. - Whosoever, contravenes a bye-law made under 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.

    77. Penalty for obstructing etc. - If any person -

    (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 authorised under this Act;

    he 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.

    78. Authority for prosecution. - Unless otherwise provided, no court shall take cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.

    79. Registration of documents executed on behalf of Board. - (1) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act XVI of 1908), it shall not be necessary for the Chairman to appear in person or by agent at any registration office in any proceeding connected with registration of any instrument, executed by him in his official capacity on behalf of the Board or to sign as provided in section 58 of that Act.

    (2) Where any instrument is so executed, the registration officer to whom such instrument is presented for registration may, if the thinks fit, refer to the Chairman for information respecting the same, and on being satisfied of the execution thereof, shall register the instrument.

    80. Dissolution of Board. - (1) The State Government may by notification declare that with effect from such date as may be specified in the notification, the Board shall be dissolved :

    Provided that no such declaration shall be made by the State Government unless a resolution to that effect has been moved in and passed by the Haryana State Legislature.

    (2) With effect from the date specified in the notification under sub-section (1), -

    (a) all properties, funds and dues which are vested in and realisable by the Board shall vest in and be realisable by the State Government;

    (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government.

    (3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 60.

    81. Removal of difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may by notification make such provisions as appear to it to be necessary or expedient for removing the difficulty.

    (2) If any difficulty arises in giving effect to the provisions of this Act otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act, the State Government may by notification make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.

    Notification Housing Department The 13th November, 1981

    No. S.O. 246/H.A.20/71/S. 2/81. - In exercise of the powers conferred by clause (g) of section 2 of the Haryana Housing Board Act, 1971, and all other powers enabling him in this behalf and in supersession of Haryana Government, notification Nos. 2063-1 H G-77/12317, dated the 20th April, 1977, S.O. 141/H.A.20/71/S.2/78, dated the 20th October, 1978, S.O. 100/H.A.20/71/S.2/79, dated the 10th August, 1979, the Governor of Haryana hereby authorities the persons mentioned in column 2 of the Schedule given below to perform the functions of the competent authority under Chapter VI for the area specified against each in column 3 thereof :-

    Schedule

    No.

    Person

    Area

    1

    2

    3

    1.

    Estate Manager, Housing Board Haryana, Sector-22, Faridabad

    Housing Board Colonies in Sector-22 and 23, Faridabad

    2.

    Estate Manager, Housing Board Haryana, Sector-7, Faridabad

    Housing Board Colonies in Sector-7, Sector 10, Faridabad and Gurgaon

    3.

    Estate Manager, Housing Board Haryana, Sector-18, Faridabad

    Housing Board Colonies in Sectors 28 and 18, Faridabad

    4.

    Estate Manager I, Housing Board Haryana, Sector-10, Panchkula

    Housing Board Colonies in Sectors 6, 8, 10 and 18, Panchkula

    5.

    Estate Manager II, Housing Board Haryana, Panchkula, Sector-10

    Housing Board Colonies in Sectors 11, 15, Panchkula and Ambala

    6.

    Estate Manager, Housing Board Haryana, Karnal

    Housing Board Colonies at Karnal, Kurukshetra and Yamuna Nagar

    7.

    Estate Manager, Housing Board Haryana, Panipat

    Housing Board Colonies at Jind, Sonepat and Panipat

    8.

    Estate Manager, Housing Board Haryana, Rohtak

    Housing Board Colonies at Rohtak, Sirsa, Bhiwani and Hissar]

    * Published in the Haryana Gazette, Legislative Supplement, Part III, dated November 17, 1981/Kartika 26, 1903.

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