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The Bombay Housing Board (Reconstitution) Order, 1960.
Published vide Notification Gazette of India, 1960, Part 2, Section 3(i), P. 289 (w.e.f. 1st March, 1960).
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(a) "Abu area" means the Abu road taluka of Banaskantha district transferred from the former State of Bombay to the State of Rajasthan;
(b) "Act" means the Bombay Housing Board Act, 1948 (Bombay Act 69 of 1948);
(c) "appointed day" means the date of commencement of this Order;
(d) "existing Board" means the Bombay Housing Board constituted under the Act and functioning, immediately before the appointed day, in respect of those areas of the States of Bombay, Mysore and Rajasthan to which the Act extended;
(e) "former State of Bombay" means the territories which, immediately before the 1st day of November, 1956, were comprised in the State of Bombay;
(f) "Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Beilgaum district except Chandgad taluka, transferred from the former State of Bombay to the State of Mysore.
3. Exclusion of certain areas from the operation of the existing Corporation. - As from the appointed day, -(1) the existing Board shall cease to function in the Karnataka area and the Abu area and shall be deemed to have been constituted for the former State of Bombay excluding the Karnataka area and the Abu area;
(2) the Government of Mysore shall exercise the powers and perform the functions of the Board for the Karnataka area and shall be deemed to be the Board established under the Act for the said area.
4. Transfer of certain assets of existing Board. -Subject to the other provisions of this Order, all land and all machinery, stores, articles and other goods, belonging to the existing Board shall, as from the appointed day.(a) if within the Karnataka area, pass to the Government of Mysore;
(b) if within the Abu area, pass to the Government of Rajasthan;
(c) in any other case, continue to vest in the existing Board.
Explanation. - In this paragraph, the expression "land" includes immovable property of every kind and any rights in or over such property, and the expression "goods" does not include coins, bank-notes and currency notes. 5. Transfer of cash balances. - Subject to the other provisions of this Order, the cash balances held by the existing Board in any bank, treasury or sub-treasury, immediately before the appointed day, shall,-(a) if such bank, treasury or sub-treasury is situated in the Karnataka area, pass to the Government of Mysore;
(b) if such bank, treasury or sub-treasury is situated in the Abu area, pass to the Government of Rajasthan;
(c) in any other case, continue to vest in the existing Board:
Provided that the initial allocation of cash balances made under this paragraph shall be subject to such financial adjustment as may be made under Clause 8. 6. Contracts. - Where, before the appointed day, the existing Board has made any contract, the contract shall be deemed to have been made-(a) by the Government of Mysore, if the purposes of the contract are, as from the appointed day, exclusively relatable to the Karnataka area;
(b) by the Government of Rajasthan, if the purposes of the contract are, as from the appointed day, exclusively relatable to the Abu area;
(c) by the existing Board, in any other case,
and accordingly, all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the existing Board, be rights or liabilities of the Government of Mysore, Government of Rajasthan or the existing Board, as the case may be. 7. Liability for re-payment of loans made to the existing Board. - The existing Board shall be liable to repay to the Government of Bombay all loans received by it up to the appointed day from the State Government of Bombay, together with interest thereon, for expenditure on account of schemes. For this purpose, the existing Board shall be eligible to retain all sums paid or payable into the Fund under Section 55 of the Act in respect of the period up to the appointed day. The Government of Mysore or the Government of Rajasthani shall assist the existing Board to collect all such sums due in respect of the Karnataka area or the Abu area, as the case may be. 8. Residuary provision. - The benefit or burden of any assets or liabilities of the existing Board not dealt with in the foregoing provisions shall,-(a) if the assets are situated, or the liability arises, in the Karnataka area, pass to the Government of Mysore;
(b) if the assets a re situated or the liability arises, in the Abu area, pass to the Government of Rajasthan;
(c) in any other case, continue to be the assets or liabilities of the existing Board:
Provided that the initial allocation of the benefit or burden under this paragraph shall be subject to such financial or other adjustment as may be agreed upon between the State Government concerned, or in default of such agreement as the Central Government may direct. 9. Legal proceedings. - Where immediately before the appointed day, the existing Board is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the Government of Mysore or the Government of Rajasthan under this Order, that Government shall be deemed to be substituted for the existing Board as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. 10. Provision relating to employees of existing Board. - All officers and servants of the existing Board shall continue to be the officers and servants of the existing Board. 11. Adaptations and modifications in the Act. - As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of the State, have effect subject to the provisions of, and the adaptations and modifications directed by, the Schedule thereto annexed.Schedule
The Bombay Housing Board Act, 1948
(Bombay Act 69 of 1948).
Section 1. - For sub-section (2), the following shall be substituted, namely:- "(2) It extends to the territories which, immediately before the 1st day of November, 1956, were comprised in the State of Bombay, excluding the territories transferred to the new State of Rajasthan under Section 10 of the States Reorganisation Act, 1956 (37 of 1956)." New Section 2A. - After Section 2, the following section shall be inserted namely:- "2A. Construction of certain references in their application to part of Mysore State to which the Act extends. - In the application of this Act to that part of the State of Mysore to which it extends, any reference therein, by whatever form of words,-(1) to the State or the State Government shall be construed as a reference to the State or the Government of Mysore, as the case may be;
(2) to any of the following Acts, namely :-
(a) the Land Acquisition Act, 1894 (1 of 1894),
(b) the Bombay District Municipal Act, 1901 (Bombay 3 of 1901),
(c) the Bombay Town Planning Act, 1915 (Bombay 1 of 1915),
(d) the Bombay Local Boards Act, 1923 (Bombay 6 of 1923),
(e) the Bombay Municipal Boroughs Act, 1925 (Bombay 18 of 1925)
(f) the Bombay Rents, Hotel and Lodging House Raves Control Act, 1947 (Bombay 57 of 1947)
(g) the Land Acquisition (Bombay Amendment) Act, 1948 (Bombay 4 of 1948),
(h) the Bombay Land Requisition Act, 1948 (Bombay 33 of 1948),
shall be construed as a reference to the corresponding Act, if any, in fore in that part of the State of Mysore to which the Act extends.". Section 3. - For sub-section (1), the following shall be substituted, namely:-"(1) The State Governments of Bombay and Mysore shall, by notification in the Official Gazette, establish for the purposes of this Act a Board by the name of the Bombay Housing Board and the Mysore Housing Board, respectively.
(1A) Until a Board for the area of the State of Bombay to which this Act extends is constituted in accordance with the provisions of sub-section (1), the existing Board functioning and operating immediately before the commencement of the Bombay Housing Board (Reconstitution) Order, 1960, shall be deemed to be the Board for the purposes of the Act for that area and on the constitution of the Board under sub-section (1)-
(a) the existing Board shall stand dissolved;
(b) all properties, funds and dues which are vested in, or realisable by, the existing Board shall vest in, and be realisable by, the Board so constituted: anil
(c) all liabilities which were enforceable against the existing Board shall be enforceable against the Board so constituted.
(1B) Until a Board for the area of the State of Mysore, to which this Act extends, is constituted in accordance with the provisions of sub-section (1), the Government of Mysore shall perform the functions, discharge the duties and exercise the powers of a Board under this Act in relation to the area.".
Section 25. - In sub-section (1), for the words "in the State of Bombay", the words "in the State to which this Act extends" shall be substituted.
