Subject to any rules made by the State Government Power to dis-

under this Act, the Board may retain, lease, sell, ex- pose of land. change or otherwise dispose of any land, building or

other property vested in it and situate in the area com-

prised in any housing scheme sanctioned under this

Act, provided that the land, building or other property

are not transferrable to the persons other than the

domiciles of Arunachal Pradesh.

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

1. (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.
2. (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.
3. (4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.
4. (5) The Tribunal shall, after holding an enquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person. 41. (1) Any person liable to pay betterment charges in Agreement respect of any land may at his option, instead of = for payment paying the same to the Board, execute an of betterment agreement with the Board to leave the payment charges. 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.
5. (2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (7) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of 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. Recovery of 42, All sums payable in respect of any land by any person betterment in respect of betterment charges under section 38 or charges. by any person under an agreement under section 41 shall be recoverable on behalf of the Board as arrears of land revenue. Disputes 43. (1) Where by the making of a housing scheme, any regarding plots comprised in the area included in the scheme reconstitu- are reconstituted or any person is dispossessed, tion of plots. 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 itdeems 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.
6. (2) The Tribunal shall then, after making an inquiry, determine the amount of compensation and direct the Board to pay the same to the person concerned. CHAPTER -V TRIBUNAL Tribunal. 44. The Tribunal shall be the District Judge having jurisdiction in the area concerned. Duties of 45. The Tribunal shall— Tribunal. | Co
   • (a) decide whether any compensation is payable under section 29 ;
   • (b) decide the amount of compensation in matters referred to it under section 31 ;
   • (c) decide disputes relating to betterment charges referred to it under section 40 ;
   • (d) decide disputes and the amount of compensation to be awarded under section 43 ; and
   • (e) decide such other matters as may be prescribed by the rules made in this behalf. 46. (1) In making enquiries the Tribunal shall have and Powers and exercise, as far as may be, the same powers and procedure follow the same procedure as under the Code of before Civil Procedure, 1908. Tribunal.
7. (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.
8. (3) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian