Bare Acts Live

The M.P. Griha Nirman Mandal Adhiniyam, 1972

No. 3 of 1973

mp300

Chapter I

Preliminary

(1) "Adjoining area" means such area as may be specified to be an adjoining area under Section 33;

[(1-A) "Apartment" means an apartment within the meaning of the Madhya Pradesh Prakoshtha Swamitva Adhiniyam, 1976];

(2) "Betterment charges" means the charges leviable under Section 51;

[(3) "Board" means the Madhya Pradesh Housing Board established under Section 3 or the Madhya Pradesh Gramin Avas Mandal established under Section 4-A, as the case may be];

(4) "Board premises [including any apartment thereof"] 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 purpose of this Act;

(5) "Bye-laws" means bye-laws made under Section 104;

[(6) * * * *]

(7) "Competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter XII for such area as may be specified in the notification and shall be a person who is holding or has held an office, not lower in rank than that of a Deputy Collector, or Executive Engineer under the Board;

[(7-a) "Development Scheme" includes construction of roads, State Highways, National Highways, bridges, sewage system and other infrastructural development schemes;]

(8) "Housing Commissioner" means the Housing Commissioner appointed under Section 13;

(9) "Housing Scheme" means a Housing Scheme made under this Act and includes a land development scheme prepared under Section 34;

(10) "Improvement Trust" means a Trust established under the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961);

(11) "Land" includes benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(12) "Land adjacent to the area" means such land as may be specified to be the land adjacent to the area under sub-section (3) of Section 51;

(13) "Local authority" means a Municipal Corporation, Municipal Council, Notified Area Committee, Zila Panchayat, Janpad Panchayat, Gram Panchayat or Town Area Committee, as the case may be;

(14) "Member" means a member of the Board and includes the Chairman;

(15) "Premises" means any land or building or part of a building and includes-

[(i) any apartment;]

[(i-a)] garden, grounds and outhouse, if any, appertaining to such building or part of building; and

(ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;

(16) "Programme" means the annual [x x x] programme prepared by the Board under Section 35;

(17) "Regulation" means regulations made under Section 103;

[(17-A) "Town and Country Development Authority" means an authority established under Section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);]

(18) "Year" means the year commencing on the 1st day April and ending on the 31st day of March.

Chapter II

Establishment of Board

[Chapter II-B

Disqualifications and Term of Office etc. of Members]

(a) holds any office or place of profit under the Board;

(b) is of unsound mind;

(c) is an uncertificated bankrupt or an undischarged insolvent;

(d) is or has been convicted of any offence involving moral turpitude;

(e) has been removed or dismissed from the service of the Union or State Government on a charge of corruption of bribery;

(f) has directly or indirectly by himself or by any other partner, any share or interest in any contract or employment with, by or on behalf of, the Board; or

(g) is a Director, 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.

(i) his or of 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; or

(ii) his being a share-holder in or a member of any incorporated or registered company or society which has been has any share or interest in any contract or employment with, by or on behalf of, the Board, subject to the condition that such person discloses to the State Government the nature and extent of the shares held by him.

(a) becomes subject to any of the disqualifications mentioned in Section 5;

(b) absents himself during three consecutive meetings of the Board except with the leave of the Board;

(a) any vacancy in or defect in the constitution of the Board, or

(b) any defect in the appointment or qualification of any person acting as a member of the Board, or

(c) any defect or irregularity in the procedure of the Board not affecting the merit of the case.

Chapter III

Officers and Members of Staff of Board

(a) to the Board, if the order was passed by the Housing Commissioner or Chairman, and

(b) to the State Government if the order was passed by the Board.

(a) fixing the salary and allowances of the officers and servants of the Board;

(b) fixing the amount and nature of security of security to be furnished by any officer or servant from whom it may be deemed expedient to require security;

(c) for regulating the grant of leave of absence, leave allowances, and acting allowances to be officers and servants of the Board :

(d) for regulating the subscription to the provident fund established under Section 18 and other matters relating thereto;

(e) for determining the conditions under which the officers and servants or any of them shall on retirement receive gratuities or compassionate allowances and the amount of such gratuities and compassionate allowance.

(a) his powers under Sections 24 and 25 to incur expenditure and to approve estimates for any single work or doing of any act the value of which exceeds five lakhs of rupees.

(b) any of his powers under Section 16 to any officer in respect of any employee of the Board unless such employee was appointed by such officer or any subordinate to such officer by virtue of a delegation of Chairman's power to appoint under Section 14.

Chapter IV

Conduct of Business of Board and its Committee

(a) an ordinary meeting shall generally be held once every three months;

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

(c) every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the members present for the meeting to preside for the occasion;

(d) all questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote;

(e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.

Chapter V

Powers of Board, Chairman and Housing Commissioner to Incur Expenditure of Housing Schemes and Enter into Contracts

(a) he shall not act under this section in contravention of a direction, if any, of the Board or the State Government prohibiting the execution of any particular work or the doing of any particular act;

(b) he shall report the action taken by him under this section and the reasons to the Board at its next meeting and shall also submit a copy of his report to the State Government and the Board, or the State Government may issue such direction as it may deem fit on such report.

Chapter VI

[Housing Schemes and Development Schemes]

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

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

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

(d) the closure or demolition of dwellings or portion of dwellings unfit for human habitation;

(e) the demolition of obstructive buildings or portions of buildings;

(f) the construction and re-construction of building;

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

[(gg) the sale of apartment in any building or buildings constructed by the Board on such terms and conditions as the Board may determine;]

(h) the construction and alteration of streets and back lines;

(i) the provision of the draining, water supply and lighting of the area included in the scheme;

(j) the provisions of parks, playing fields and open spaces for the benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks, playing fields, open spaces and approaches;

(k) the provision of 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;

(l) the provision of accommodation for any class of inhabitants;

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

(n) the provision of facilities for communication and transport;

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

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

Chapter VII

Annual [x x x] Programme and Budget Estimates

(i) a programme;

(ii) a budget for the next financial year;

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

(a) such particulars of housing schemes [and other development schemes] which Board proposes to execute whether in part or whole during the next financial year as may be prescribed;

(b) the particulars of any undertaking which the Board proposes to organise or execute during the next financial year for the purpose of the production of building material, and

(c) such other particulars as may be prescribed :

Chapter VIII

Transfer of Land by Corporation, Improvement Trust, etc.

(i) a nominee of the Board,

(ii) a nominee of the other party to the dispute, and

(iii) a person who holds or has held the office of, or is acting or has acted as, a Judicial Officer not below the rank of an Additional District Judge to be appointed by the State Government.

(a) that any street laid out or altered by the Board has been duly levelled, paved, metalled flagged, channelled, sewered and drained in the manner provided in the programme; and

(b) that such lamps, lamp-posts and other apparatus as the local authority concerned 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 convenience have been duly provided in such street;

Chapter IX

Other Duties of Board

(iii) Housing Programme" includes slums clearance, sewage system, electric installations, lighting and connections, water supply system, construction of roads or such purposes as may be notified by the State Government in this behalf.]

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

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

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

(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.

(i) to plan and co-ordinate all housing activities in the State, and to ensure expeditious and efficient implementation of housing schemes in the State;

(ii) to provide technical advice and scrutinise all projects under housing schemes sponsored or assisted by the Central or State Government;

(iii) to maintain, allot, lease and otherwise use plots, buildings and other properties of the Board and to fix and to refix rent and to collect rents from the properties under the control and management of the Board and repay loans to the State and Central Government;

(iv) to set up a research section for the purpose of expediting the construction of and cheapening the cost of buildings; and

(v) to organise and run workshops and stores for manufacture, sale, stock piling and supply of building materials required for housing schemes.

(a) for the formation of a reconstituted plots by the alterations of the boundaries of any original plot;

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

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

(d) for the transfer of ownership of a plot from one person to another, with the consent of such person.

Chapter X

Acquisition and Disposal of Land

(a) may given notice by advertisement in one of the leading local newspapers in the State; and

(b) shall offer to the said person, or his heirs, executors or administrators, a prior right to take on lease, or to purchase such land for an amount or at a rate to be fixed by the Board if the Board considers that such an offer can be made without detriment to the carrying out the purposes of this Act.

Chapter XI

Assessment and Recovery of Betterment Charges

Chapter XII

Power to Evict Persons from Board Premises

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

(i) not paid rent lawfully dues from him in respect of such premises for a period of more than two months, or

[(i-a) committed or is committing any act contrary to the provisions of Clause (o) of Section 108 of the Transfer of Property Act, 1882 (No. IV of 1882) or to the provisions of the Madhya Pradesh Piakoshtha Swamitva Adhiniyam, 1976 or of any Declaration or Deed of Apartment or of the rules or bye-laws executed or made thereunder,]

(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 under which he is authorised to occupy such premises, or

(b) that any person is in unauthorised occupation of any Board premises;

Chapter XIII

Finance, Accounts and Audit

(a) the Reserve Bank of India; or

(b) any Scheduled Bank; or

(c) any subsidiary Bank of the State Bank of India; or

(d) the Madhya Pradesh State Co-operative Bank Limited;

(a) from sinking fund established under Section 69 in respect of the loan; or

(b) by paying in equal yearly or half yearly instalments of principal or of principal and interest throughout the said period; or

(c) if the Board has, before borrowing money on debenture, reserved by public notices, a power to pay off the loan by periodical instalments and to select by lot the particular debentures to be discharged at particular periods then, by paying such instalments in respect of such debentures as such periods; or

(d) from money borrowed for the purpose; or

(e) partly from the sinking fund established under Section 69 in respect of the loan, and partly from money borrowed for the purpose.

(a) Government securities; or

(b) securities guaranteed by the Central or State Government; or

(c) debentures issued by an> local authority; or

(d) debentures issued by the Board.

Chapter XIV

Penalties and Procedure

(a) obstructs or molests any person with whom the Housing Commissioner has entered into a contract on behalf of the Board in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act or any rule or regulation made thereunder; or

(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any rule or regulation made or scheme sanctioned thereunder;

(a) with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees; or with both; and

(b) in case of a continuing contravention, with fine which may extend to fifty rupees for each day after the first during which the contravention continues.

(a) any member of the Board, acquires directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of the Board of which he is a member, not being a share or interest which it is permissible under Section 5 to have without being thereby disqualified for being elected or appointed as or for being a member of the Board; or

(b) any officer or servant of the Board acquires directly or indirectly by himself 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, in contravention of Section 20,

(a) the Board or Chairman or Housing Commissioner;

(b) any officer or servant of the Board;

(a) by giving or tendering to any person whose name has been entered in the assessment list as the owners, or one of the owners of the property concerned, or to the occupier thereof; or

(b) if the owner or occupier or no one of the owners or occupiers is not found, by giving or tendering the said notice, bill schedule, summons or other document to some adult member or servant of the family of the owner or occupier, or of any of the owners or occupiers; or

(c) by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the land or building to which the document relates; or

(d) by delivering at some post office, the said notice, bill, schedule, summons or other document under cover addressed by the description of the owner or, occupier of (here describing the property concerned) without further name or description of the person concerned and obtaining a certificate of posting for the same from the post office; or

(e) by any one or more of these methods.

(a) by delivering at some post office the said notice, bill, schedule, summons, or other such documents under cover bearing the address of the person concerned and obtaining therefor a certificate of posting; or

(b) by giving or tendering to such person the said notice, bill, schedule, summons or other such documents; or

(c) by both methods.

(a) cause the survey of any land to be made, whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act.

(b) contribute towards the cost of any such survey made by any other local authority.

(a) to make any inspection, survey, measurement, violation or inquiry;

(b) to take levels;

(c) to dig or bore into the sub-soil;

(d) to set out boundaries and intended lines of work;

(e) to mark such levels, boundaries and lines by placing marks and cutting trenches; or

(f) to do anything whenever it is necessary to do so for any of the purposes of this Act or any rule or regulation or bye-law made or scheme sanctioned thereunder or any scheme which the Board intends to frame thereunder :

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

(ii) no dwelling houses, and no public building or hut which is used as a dwelling place, shall be so entered, except with the consent of the occupier thereof, 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 appropriated to 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 purpose for which the entry is made to the social and religious usages of the occupants of the premises entered.

Chapter XV

Miscellaneous

(1) subject to such conditions as it may think fit to impose-

(a) guarantee the payment, from the funds at its disposal of such sums as it may think fit, by way of interest on capital expenditure on the construction, maintenance or working of means of locomotion; or

(b) make such payments as it may think fit from the said funds, by way of subsidy to person undertaken to provide, maintain and work means of locomotion; or

(2) either singly or in combination with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto; or

(3) construct or widen, strengthen or otherwise improve bridges :

(a) the Chairman and all the members of the Board shall, as form the date of supersession, vacate their offices as such;

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board and the Chairman, shall, during the period of such supersession, be exercised and performed by such authority or person as the State Government may direct;

(c) all funds and other property vested in the Board shall, during the period of supersession vest in the authority or person referred to in Clause (b); and

(d) all liabilities legally subsisting and enforceable against the Board shall be enforceable against the authority or person referred to in Clause (b) to the extent the funds and properties vested in it or him.

(a) extend the period of supersession for such further period as it may consider necessary; or

(b) reconstitute the Board in the manner provided in Section 4.

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

(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.

Chapter XVI

Rules, Regulations and Bye-Laws

(a) all matters expressly required or allowed by this Act to be prescribed;

(b) (i) emoluments and other conditions of service of the Chairman under sub-section (2) of Section 9;

(ii) allowance to be paid to the member of the Board under sub-section (3) of Section 9;

(c) authority to be prescribed under Section 10;

(d) control and supervision to which Chairman shall be subject while exercising powers under Section 19 (1);

(e) manner in which contracts or agreements shall be executed under Section 30;

(f) terms and conditions subject to which Board shall undertake work of housing under Section 32;

(g) (i) form in which annual housing programme budget and establishment schedule shall be forwarded to the State Government under Section 35 (1);

(ii) particulars in which programme shall contain under Section 35 (2)(a); and

(iii) other particulars under Section 35 (2)(c);

(h) regulation of disposal of land, building or other property vesting in the Board under Section 50;

(i) rate of interest under Section 53 (1);

(j) rate of interest under Section 69 (2);

(k) form in which annual statement of accounts including the profit and loss account and the balance sheet shall be prepared by the Board under Section 74 (1);

(l) the date by which, the form in which, intervals at which, and the matters on which report shall be submitted to the Board under Section 75;

(m) the form in which, the time by which and the manner in which statistics, return, particulars or statements shall be submitted to the State Government under Section 76.

(a) all matters expressly required or allowed by this Act, to be prescribed by regulations;

(b) the appointment of persons to be members of committees under Section 23;

(c) the procedure to be followed by a committee at its meeting;

[(d) the creation of posts and delegation of powers and duties of the Board to the Chairman, the Housing Commissioner, any other officer or Committee of the Board;]

(e) the duties and conduct of officers and servants of the Board and of other persons employed by the Board under this Act for carrying out any of the purposes of this Act;

(f) the welfare and recreation of the staff of the Board and the contributions to be made therefor;

(g) the fees payable for the copies of documents, estimates and plans furnished by any of its officer and servants under this Act;

(h) the management, use and regulation of dwellings constructed under any housing scheme;

(i) the efficient conduct of the affairs of the Board.

Chapter XVII

Repeal and Savings

(i) the Madhya Pradesh Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 (No. 43 of 1950), shall cease to exist;

(ii) the administration of the Board shall vest in the Administrator who shall be appointed by the State Government;

(iii) the Administrator shall be deemed to be the Board and shall exercise the powers and perform the duties conferred or imposed by or under this Act on the Board, the Chairman and the Housing Commissioner ;

(iv) all assets and liabilities of the Board referred to in Clause (i) shall vest in the Board established under Section 3;

(v) all employees belonging to and under the control of the Board referred to in Clause (i) immediately before the date specified under Section 3 shall be deemed to be the employees of the Board established under Section 3 :

(vi) all records ana papers belonging to the Board referred to in Clause (i) shall vest in and be transferred to the Board established under Section 3;

(vii) the Madhya Pradesh Housing Board Act, 1950 (No. 43 of 1950), shall stand repealed :