Chapter VIII MISCELLANEOUS

The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the Government a report on such matters as may be prescribed, and the Government shall cause report to be published in the Andhra Pradesh Gazette. Every such report, shall be laid before the Legislative Assembly as soon as may be after it is published.

The Board shall also submit to the Government such statistics returns, particulars or statements 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 Government may from time to time direct.

The Vice-Chairman and Housing Commissioner or any of the person either generally or specially authorised by the Vice-Chairman and Housing Commissioner in this behalf may, with or without assistants or workmen, enter in to 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 works; (e) to make such level, boundaries and lines of works and cut trenches; or (f) to do any other things; Whenever it is necessary to do so, for any of the purposes of this Act os any rules made or scheme sanctioned thereunder; Provided as follows:- (i) No such entry shall be made between sunset and sunrise; (ii) No dwelling house and no public 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 appropriated to female to remove themselves to some part of the premises where their privacy will not be disturbed; (iv) Due regard shall always be had, as 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.

No person shall commence 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 be done in pursuance of this Act, without giving to the Board, officer or servant or person two month’s 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 by the Government: Provided that it shall be open to the Government to direct a valuation to be made at any time it may consider necessary.

(1) The Government may, by notification in the Andhra Pradesh Gazette 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 allowances of members and remuneration and conditions of service of the Chairman under section 7; (b) the manner and form in which contracts shall be entered into under section 15; (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 24; (d) the other manner of publication of the draft the programme under section 25; (e) the form of notice under section 42; (f) the rate of interest under section 43; (g) the other matters to be decided by the Tribunal under section 48; (h) the procedure to be followed by the Tribunal under section 50; (i) the forms of notices under sections 52 and 53 and any other manner in which they may be served; (j) the manner in which damages under section 53 may be assessed; (k) the manner in which attachment and sale of movable property shall be made under section 53; (l) the procedure to be followed by the competent authority and the appellate authority in proceedings under Chapter VI; (m) the conditions subject to which the Board may borrow any sum under section 62; (n) the manner of preparation, maintenance and publication of accounts under section 63; (o) the date before which, the form in which, the interval at which and the matters on which reports shall be submitted under section 65; (p) the time at which and the form and manner in which statistics, returns, particulars and statements shall be submitted under section 66; (q) the manner in which the Board shall be superseded reconstituted under section 81; and (r) any other matter which has 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 each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall 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.

The Board may from time to time, with the previous sanction of the Government, make regulations consistent with this Act and with any rules made under this Act – (a) for the management and use of buildings constructed under any housing schemes; (b) the principles and procedure to be followed in allotment of tenements and premises; (c) for regulating the Board’s procedure and the disposal of its business.

(1) The Board may make bye-laws, not inconsistent with this Act, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act. (2) A bye-law made under this section may provide that a contravention thereof shall be an offence. (3) No bye-law made by the Board shall come into force until it has been confirmed by the Government with or without modification. (4) All bye-laws made under this section shall be published in the Andhra Pradesh Gazette.

Whoever contravenes a bye-law made under section 72 shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 500 or with both.

If any person – (a) obstructs or molests 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 to 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 punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 500 or with both.

Any person who contravenes any provision of Chapter VI or any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under that Chapter shall, on conviction, be punished with fine which may extend to one thousand rupees.

Unless otherwise provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint, or upon information received from, the Board or some person authorised by the Board by General or special order in this behalf.

The Tribunal, the appellate authority, the competent authority and 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 other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.

(1) The 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. It shall be the duty of the Board to comply with such directions. (2) The Government may at any time for the purposes of satisfying itself as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of the Board or officer subordinate to the Government or the Board acting in exercise of any power or authority conferred by this Act or the rules, bye-laws and regulations made thereunder, call for and examine the record of any case pending before or disposed of by the Board or such officer and may pass such order with reference thereto as it thinks fit: Provided that no order shall be reversed unless notice has been given to the parties interested to appear and be heard in support of such order.

(1) If the Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty. (2) If in the opinion of the Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the Government, notwithstanding anything contained in section 7, to supersede and reconstitute the Board in prescribed manner. (3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the Government or by such officer or officers as the Government may appoint for this purpose.

(1) The Government may, by notification in the Andhra Pradesh Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved. (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 realizable by the Board shall vest in and be realizable by the Government; (b) all liabilities enforceable against the Board shall be enforceable against the Government to the extent of the properties, funds and dues vested in and realized by the Government; (3) Nothing in this section shall effect the liability of the Government in respect of loans or debentures guaranteed under sub-section (5) of section 62.

(1) The Hyderabad Labour Housing Act, 1952 (36 of 1952), the Secunderabad Town Improvement Trust A’ in, 1355 Fasli, and all rules, regulations and orders pertaining to the constitution, working and activities of the Hyderabad City Improvement Board and for the time being having the force of Law, are hereby repealed: Provided that the repeal shall not effect – (a) the previous operation of any law so repealed or anything duly done thereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or (c) Any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or (d) Any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that subject to the proceeding, proviso, anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, from bye-law or scheme framed under any such law shall be deemed to have been done or taken under this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act. (2) All debt and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the Government for the purposes of the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust before and upto the date of establishment of the Board under this Act shall be deemed to have been incurred, entered, into or engaged to be done by, with or for the Board, all suits and other legal proceedings instituted or which may be instituted by or against the Government shall be continued or instituted by or against the Board, as the case may be. (3) All the assets entrusted to the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust and all the assets acquired for the purposes of the said City Improvement Board and Town Improvement Trust shall after the establishment of the Board under this Act vest in the Board for the purposes of this Act. (4) All applications made or proceedings instituted under the aforesaid laws shall be deemed to have been made or instituted under this Act and shall be disposed of as if this Act was applicable at the time when such application or proceeding was made or instituted. (5) All notifications issued before the date of the coming into force of this Act and all proceedings pending on that date for the acquisition of any immovable property or easement for the purposes of the Hyderabad City Improvement Board or the Secunderabad Town Improvement Trust shall be deemed to have been issued and to be proceedings for acquisition of such immovable property or easement for the purposes of this Board under this Act.