HARYANA HOUSING BOARD ACT, 1971
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.
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 :-
(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.
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) "competen
(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 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.
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.]
(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
(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.
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.
(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.
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.
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.
(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
(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.
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.
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.
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
(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.
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.
[(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.
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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.
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;
(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 f
(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
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.
The State Government shall publish the programme sanctioned by it under section 24 in the Official Gazette.
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.
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.
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.
(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 o
(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.
(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 s
(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
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.
(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
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.
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.
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.
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.
(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
(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 contai
(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 payab
(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.
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.
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.
(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.
The Tribunal shall be the District Judge having jurisdiction in the area concerned.
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.
(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.
The decision of the Tribunal on any matter referred to it under this Act shall, subject to the provision of section 50, be final.
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.
(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
(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 p
(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 d
(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.]
(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 se
(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.
(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.
(
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.
(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 s
(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.
(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.
(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.
(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.
(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.
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.
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.
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
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.
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.
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.
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.
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.
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.
(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 o
(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.
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].
(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 manne
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.
(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.
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.
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.
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.
(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.
(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
(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 Ho
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