Chapter XII Chapter XII

(1) Not-with-standing anything to the contrary contained in any other law for the time being in force 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 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, by notice served in the manner laid down in section 89 or 90, order that the person authorised to occupy as well as any other person who may be in occupation of the whole or any part of the said premises shall vacate them within one month of the date of the service of the notice. (2) Before an order under sub-section (1) is made against any person, the competent authority shall inform tile person, by notice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any and to show cause why such order should not be made within a period to be specified in such notice. (3) The competent authority may on an application, grant extension of the period specified in such notice on such terms as to payment and recovery of the amount claimed in the notice as he deemed fit. (4) Any written statement put in by such person and document s produced in pursuance of such notice shall be filed with the records of the case and such person shall be entitled to appear in the proceeding either in person or by an authorised agent or by pleader. (5) If any person refuses or fails to comply with an order made under subsection (1), the competent authority may evict that person from and take possession of the premises and may for that purposes use for cause to be used such force as may be necessary (6) If a person who has been ordered to vacate any premises under sub-clause (1) or sub-clause (in) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the competent authority may allow pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, competent authority shall, in lieu of evicting such person under sub-section (5), cancel, its order made under sub-section (1), and thereupon such person shall hold the said premises on the same terms on which he held them immediately before such notice was served on him. Explanation - For the purposes of as section and section 56, the expression unauthorised occupation in relation to any person authorised to occupy any Board premises, includes the continuance in occupation by him or by any person claiming through or under him of the Board premises after the authority under which he was all allowed to occupy the said premises has been duly determined.

(1) Subject to any rules made by the State Government in this behalf and with out prejudice to the provisions of section 55, where any person is in arrears of rent payable in respect of any Board premises, the competent authority may by notice served in the manner laid down in section 89 or 90 order that person to pay the same within such time not being less than ten days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered from him as arrears of land revenue. (2) Where any person is in unauthorised occupation of any Board premises, the competent authority, may in the prescribed manner assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served in the manner referred to in sub-section (1) order that person to pay the damages within the such time specified in the notice. If any person refuses or fails to pay the damages within the time specified in tile notice, the damages may be recovered from him as arrears of land revenue. (3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within such period as may be specified in such notice, why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the competent authority.

(1) Any person aggrieved by an order of the competent authority under section 55 or 56 may within one month from the date of service of the notice of such order, prefer an appeal to the State Government;

Provided that State Government may entertain the appeal after the expiry of the said period, of one month, if it is satisfied that the appellant, was prevented by sufficient cause, from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1) the State Government may after calling for a report from the competent authority and after making such further enquiry, if any, as may be necessary, pass such orders as it may think fit and the order of the State Government shall be final.

(1) Subject to the provisions of section 55 any person who is an employee of the Central or State Government or a local authority or a private employer and who has been allotted any Board premises may execute an agreement in favour of the Board providing that the Central or State Government or the local authority or the private employer, as the case may be, under or by whom he is employed shall be competent to 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 by him in respect of the Board premises allotted to him.

(2) On the execution of such agreement, the Central or State Government or local authority or private employer, 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 in accordance with the agreement and pay the amount so deducted to the Board.

Order made by the State Government or the competent, authority, as the case may be in the exercise of any power conferred by or under this Chapter shall not be called in question in any court and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.

(1) The Board shall have its own fund.

(2) The Board may accept grants, subventions, donations and gifts from the Central or State Government or a local authority, or any individual or body, whether incorporated or not, for all or any of the purpose 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 accuring to the Board shall constitute the fund of the Board.

(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 -

(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; or invested in such securities as may be approved by the State Government.

(5) Such account shall be operated upon by such officers as may be authorised by the Board.

Explanation- For the purpose of this section the Reserve Bank of India shall mean the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (No. 2 of 1934) and scheduled bank shall mean a bank included in second schedule to the said Act.

The State Government may, from time to time make subventions or advance loans to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.

(1) Subject to the provisions of this Act the Board may, from time to time, advance any sum standing at the credit of the Board and, with the previous sanction of the State Government, borrow money required for the purposes of this Act from the public or from any Corporation owned or controlled by the Central or State Government.

(2) When ever the borrowing of any sum of money has been approved by the State Government, the Board may, instead of borrowing such sum or any part thereof from the public, take credit from any bank or any corporation owned or controlled by the Central or State Government on a cash account to be kept in the name of the Board to the extent of such sum or part thereof, and may with the previous sanction of the State Government grant mortgages of all or any of the properties vested in the Board by way of security for such credit.

(3) Subject to such conditions and limitations as may be prescribed and with the previous approval of the State Government the Board may for the promotion and execution of any housing scheme under this Act, enter into financial arrangements with any bank or other financial institutions approved by the State Government or with the Life Insurance Corporation of India established under section 5 of the Life Insurance Corporation Act, 1956 (No. 1 of 1956).

(4) Subject to the provisions of this Act, and to such conditions and the limitations as may be prescribed, the Board may out of its funds grant loans and advances or such terms and conditions as it may determine, to any Co-operative Society registered or deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1 960 (No. 17 of 196 1) or to any other person for the construction of houses.

The State Government may guarantee in such manner and subject to such conditions as it may think fit the payment of the principal and interest of loan proposed to raised by the Board on debentures or of either the principal or the interest.

When ever money is borrowed by the Board on debentures, the debentures shall be in such form as the Board may with the previous sanction of the State Government, specify.

When any debenture or security issued or granted under this Act is payable to two or more persons jointly, and any of them dies, then notwithstanding any thing contained in section 45 of the Indian Contract Act, 1872 (No.9 of 1872), the debenture or security shall be payable to the survivor or survivors of such person:

Provided that nothing in this section shall affect any claim by the representative of the deceased person against such survivor or survivors.

Where two or more persons are joint holders of any debenture or security issued or granted under this Act any payment made to any one of the holders of any dividend or interest payable in respect of such debenture or security shall be a full discharge of the liability of the Board in respect of such dividend or interest.

All payments due from the Board for interest on, or the repayment of loans, shall be made in priority to all other payments due from the Board.

Every loan taken by the Board shall be repaid by the Board within the period agreed upon by the Board by such of the following methods as may be approved by the State Government, namely -

(a) Front sinking fund established under section 69 in respect of the loan; or (b) By paying in equal yearly or half yearly installments of principal or of principal and interest through out the said period; or (c) If the Board has before borrowing money or debentures, reserved by the public notices, a power to pay off the loan by periodical installments and to select by lot the particular debentures to be discharged at particular periods then, by paying such installments in respect of such debentures at such periods, (d) from money borrowed for the purpose ; (c) partly from the sinking fund established under section 69 in respect of loan, and partly from money borrowed for the purpose.

(1) Whenever loan has to be repaid from a sinking fund, the Board shall establish such fund and shall pay into it every year until the loan is repaid a sum so calculated that if regularly paid, throughout the period agreed upon by the Board, it would with accumulations in the way of compound interest, be sufficient after payment of all expenses, to pay off the loan at the end of that period.

(2) The rate of interest on the basis of which the sum referred to in subsection (1) shall be calculated shall be such as may be prescribed.

Not-with-standing anything contained in section 69, if at any time the sum standing at the credit of the sinking fund established for repayment of any loan is of such amount that if allowed to accumulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to repay the loan at the end of the period agreed upon the Board, then the Board may discontinue further annual payment into such fund.

(1) All moneys paid into any sinking fund shall as soon as possible, be invested by the Board in -

(a) Government securities or (b) securities guaranteed by the Central or State Government; or (c) debentures issued by any local authority, or (d) debentures issued by the Board.

(2) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt be paid into the sinking fund and invested in the manner laid down in sub-section (1),

(3) Any investment under this section may, from time to time subject to the provisions of sub-section (1) be varied or transposed.

The Board may from time to time apply the sinking fund or any part thereof, in or towards the discharge of the loan or any part of the loan, which such sinking fund was established, and until such loan is wholly discharged, shall not apply the same for any other purpose.

(1) there shall be established a fund of nature of an imprest entitled the Contingency Fund of the Board into which shall he paid from and out of the Fund of the Board a sum of Ten Lakhs of rupees.

(2) The fund shall he held on behalf of the Board by the Housing Commissioner and no advances shall be made out of the Fund, except for the purpose of meeting unforeseen expenditure under section 26, pending authorisation of such expenditure by the Board in accordance with section 36.

(3) For the purpose of carrying out the object of this section the Board may make regulations regulating all matters connected with or ancillary to the custody of, payment of moneys into and withdrawal of money from the fund.

(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with the rules an annual statement of account.

(2) The Board shall cause its accounts to be audited annually by such person 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 the State Government may after perusal of the report of the auditor think fit to issue.

The Board shall, before such date and in such form and at such interval as may be prescribed submit to the State Government a report on such matters as may be prescribed.

The Board shall also submit to the State Government such statistics, returns, particulars or statements in regard in 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.

If any person-

(a) obstructs or molests any person with the whom the Housing Commissioner has entered into a contact on behalf of 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 regulations made or scheme sanctioned there-under;

he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

Whoever contravenes any of this provisions of the Act, or any rule or regulation of byelaw made or scheme sanctioned there-under shall if no other penalty is provided for such contravention, be punishable;

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

(1) When any person is convicted of any offence under this Act or any rule or regulation or byelaw made there-under, the Magistrate convicting such person may on application made in this behalf by the board or by its officer or servant authorised by it in this behalf, call upon such person forthwith to show cause as to why he should not pay compensation to the Board for the damage caused by his act or omission in respect of which he is convicted.

(2) The Magistrate shall record and consider any cause which such person may show and if the Magistrate, after making such inquiry as he may think fit, is satisfied that such person is liable to pay compensation may direct compensation of such amount not exceeding one thousand rupees as he may determine be paid by such person to the Board.

(3) The amount of compensation directed to be paid under subsection (2) shall, if it be not paid forthwith be recovered as if it were a fine imposed by the Magistrate on such person.

Where-

(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 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, such member, officer or servant shall be deemed to have committed an offence made punishable by section 168 of the Indian Penal Code, 1860 (No,45 of 1860).

(1) No court shall take cognizance of any offence punishable under this Act or any rule or regulation or byelaw made there-under unless complaint of such offence is made within Six Months next after the commission thereof.

(2) No court inferior to that a Magistrate of the First Class shall try any offence punishable under this Act.

Any police officer not below the rank of Assistant Sub-Inspector may arrest any person who commits in his presence, any offence against this Act, or any rule or regulation or bye-law made there-under, if the name or address of such person be unknown to him, and if such person on demand declined to give his name or address, or gives a name or address which such officer has reason to believe to be false.

No suit, prosecution or other legal proceeding shall lie against the State Government the board or committee thereof or any officer or servant of the State Government or the board for anything which is in good faith done or intended to be done in pursuance of this Act, rule or regulation or byelaw made there-under.

No suit shall be instituted against the Board or any member, or any officer or servant of the Board or any person acting under the direction of the Board, or of the Chairman or of any officer or servant of the Board in respect of any act done or intended to be done under this Act or any rule or regulation or byelaw made there-under until the expiration of sixty days next after written notice has been delivered or left at the Board's office or the place of abode of the Chairman such officer or servant or person stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain a statement that such notice has been so delivered or left.

Whenever, under this Act or any rule or regulation or byelaw made there-under, the doing or the omission to do anything or the validity of any thing depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of -

(a) The Board or Chairman or Housing Commissioner; (b) Any officer or servant of the Board;

a written document signed in case (a) by the Chairman and in case (b) by the said officer or servant, conveying, or setting forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.

In any case not other wise expressly provided for in this Act the Board may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested by or under this Act in the Board or the Chairman or any officer or servant of the Board.

Every public notice given under this Act, or any rule or regulation or byelaw made there-under shall be in writing over the signature of the Housing Commissioner or any officer or servant of the Board duly authorised by him in writing in that behalf and shall be widely made known in the locality to be effected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in leading daily newspapers or by any two or more of these means and by any other means that the Housing Commissioner may think fit. Every such notice shall also be published by affixture in the notice board of the Boards office or sub-office.

Every notice or bill, which is required by this Act or by any rule or regulation or byelaw made there-under to beat the signature of the Chairman or any other member or Housing Commissioner or any officer or servant of the Board, shall be deemed to be properly signed if it bears a facsimile signature of the Chairman or of such other member or of Housing Commissioner or such officer or servant, as the case may be stamped thereupon.

When any notice, bill schedule, summons other document is required by this Act or any rule, regulation or byelaw made there-under to be served upon or issued or presented to any persons as owner or occupier of any land or building, in so far as it concerns that land or building, the service or issue or prosecution thereof shall be affected either -

(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 the same from the post office; or

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

When any notice bill, schedule, summons or other documents is required by this Act or by any rule, regulation or byelaws made there-under, to be served upon or issued or presented to any person, otherwise than as owner or occupier of any land or building such service, issue or presentation shall be effected -

(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 therefore 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.

The Board may -

(a) causes the survey of any land to be made, whenever it consider that a survey isnecessary or expedient for carrying out any of the purposes of this Act (b) contribute towards the cost of any such survey may by any other local authority.

(1) The Housing Commissioner or any person either generally or specially authorised by the Housing Commissioner in this behalf may, with or without assistants or workmen, enter 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 out boundaries and intended lines of work; (c) 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 byelaw made or scheme sanctioned there-under or any scheme which the Board in tends to frame there-under;

Provided that - (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.

(2) Whenever, the Housing Commissioner or a person authorised under subsection (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Board, whose decision shall be final. 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.

(2) Whenever, the Housing Commissioner or a person authorised under subsection (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Board, whose decision shall be final.