Chapter V Chapter V

Housing, improvement or building schemes

Power of the Board to undertake housing, improvement or building schemes and incur expenditure.––

1. (1) Subject to the provisions of this Act, the Board may, from to time, incur expenditure and undertake works for the framing and execution of such housing, improvement or building schemes as it may consider necessary.
2. (2) The Government may, on such terms and conditions as it may think fit to impose, transfer to the Board the execution of any housing, improvement or building scheme not provided for this Act, and the Board shall thereupon undertake the execution of such scheme as if it had been provided for in this Act.
3. (3) The Board may, on such terms and conditions as may be agreed upon and with the previous approval of the Government, take over for execution any housing, improvement or building scheme on behalf of a local authority or a co-operative society and the Board shall execute such scheme as if it had been provided for in this Act.

Matters to be provided for in housing, improvement or building schemes.–– Notwithstanding anything contained in any other law for the time being in force, a housing, improvement or building scheme may provide for all or any of the following matters, namely:––

1. (a) the acquisition by purchase, exchange, or otherwise of any property necessary for or affected by the execution of the scheme;
2. (b) the laying or re-laying out of any land comprised in the scheme;
3. (c) the distribution or re-distribution of sites belonging to owners of the property comprised in the scheme;
4. (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
5. (e) the demolition of obstructive buildings or portion of buildings;
6. (f) the construction and reconstruction of any type of buildings, their maintenance and preservation;
7. (g) the sale, lease or exchange of any property comprised in the scheme;
8. (h) the construction and alteration of roads, streets, back lanes, bridges, culverts and causeways;
   • (i) the draining, water-supply and lighting of the streets included in the scheme;
9. (j) the provision of open parks, playing fields and open spaces for the benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks, playing fields, open spaces and approaches;
10. (k) the provision of sanitary arrangements required for the area comprised in the scheme, including conservation and prevention of injury or contamination to rivers or other sources and means of water supply;
11. (l) the provision of accommodation for any class of inhabitants;
12. (m) the provision of facilities of communication and transport;
13. (n) the collection of such information and statistics as may be necessary for the purposes of this Act;
14. (o) the reclamation or reservation of lands for market, gardens, playing fields and afforestation;
15. (p) the provision of schools, parks, dispensaries, hospitals, swimming pools, cinema houses, restaurants, shops, markets, fuel depots, laundries, hair dressing saloons and other amenities; and
16. (q) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to providing housing accommodation and for the improvement of any area comprised in the scheme or of any adjoining area for the general efficiency of the scheme. Explanation:–– For the purposes of this section, the Government may, by notification, specify any area surrounding or adjoining the area included in a housing, improvement or building scheme to be an "adjoining area".

Types of housing, improvement or building schemes.–– Any housing, improvement or building scheme shall be of one of the following types, or combination of any two or more such types or of any special features thereof, that is to say––

1. (a) a housing accommodation scheme;
2. (b) a rebuilding scheme;
3. (c) a rehousing or rehabilitation scheme;
4. (d) a city or town or village expansion scheme;
5. (e) a street scheme;
6. (f) a deferred street scheme;
7. (g) a land development scheme; and
8. (h) a general improvement scheme.

Housing accommodation scheme.––

1. (1) Whenever the Board is of the opinion that it is expedient or necessary to meet the needs for housing accommodation in any area, the a Board may frame a housing accommodation scheme.
2. (2) Such scheme shall specify the layout of the area where the houses are to be constructed.
3. (3) Such scheme may provide for the construction of houses and for the sale, leasing out or sale on hire purchase basis of any house so constructed.
4. (4) The Board may provide in the area roads, streets, drainage, water-supply, street lighting and other amenities.

Rebuilding scheme.––

1. (1) Whenever it appears to the Board that any area is an insanitary area, within the meaning of section 38 and that, having regard to the comparative value of the buildings in such area and of the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is a rebuilding scheme, the Board may frame a rebuilding scheme for the whole area or any part of it in accordance with the provisions of this section.
2. (2) A rebuilding scheme may provide for––
   • (a) the reservation of roads, streets, lanes and opens spaces and the enlargement of the existing roads, streets, lanes and open spaces to such extent as may be necessary for the purposes of the scheme;
   • (b) the re-laying out of the sites of the area upon roads, streets, lanes and open spaces so reserved or enlarged;
   • (c) the payment of compensation in respect of any such reservation or enlargement, and the formation of roads, streets, lanes and open spaces so reserved or enlarged;
   • (d) the reconstruction, alteration or demolition of the existing buildings and their appurtenances by the owners, or by the Board in default of the owners, and the erection of buildings in accordance with the scheme by the said owners, or by the Board in default of the owners, upon the sites as defined under the scheme;
   • (e) the advance to the owners, upon such terms and conditions as to interest, sinking fund and other matters as may be provided for under the scheme, of such sums as may be necessary to assist them to reconstruct or alter existing buildings or to erect new buildings in accordance with the scheme; and
   • (f) the acquisition by the Board of any site or building comprised in the area included in the scheme.

Rehousing or rehabilitation scheme.–– Whenever the Board is of opinion that it is necessary for persons who––

1. (a) are displaced by the execution of any housing, improvement or building scheme sanctioned under this Act, or
2. (b) are likely to be displaced by the execution of any housing, improvement or building scheme which it is intended to frame under this Act, or
3. (c) cannot be accommodated in any scheme area, the Board may frame a rehousing scheme for the construction, maintenance and management of such number of dwelling houses and shops as may be required, or may frame a rehabilitation scheme for providing such number of open plots with roads, streets and open spaces as may be necessary.

City, town or village expansion scheme.––

1. (1) Whenever the Board is of opinion that it is expedient to control and provide for the future expansion or development of a city, town or village, the Board may frame an expansion scheme and specify the time limit for the execution of such scheme.
2. (2) The expansion scheme may be framed in respect of an area which lies wholly within or wholly outside the limits of the city, town or village or in respect of an area which lies partly within and partly outside the city, town or village.
3. (3) Such scheme shall specify the proposed layout of the area to be developed and the purposes for which particular portions thereof are to be utilized.
4. (4) After any such scheme has come into force, no person shall, without the previous permission of the Board, erect, re-erect, add to or alter any building or wall within the area comprised in the scheme.
5. (5) If the Board refuses to grant permission to any person to erect, re-erect, add to or alter any building or wall on his land in the area aforesaid and does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable compensation to such person, for any damage sustained by him in consequence of such refusal.

Street scheme.––

1. (1) Whenever the Board is of opinion that for the purposes of––
   • (a) providing building sites, or
   • (b) remedying defective ventilation, or
   • (c) creating new or improving existing means of communication and facilities for traffic, or
   • (d) affording better facilities for conservancy, it is expedient to lay out new streets or alter existing streets (including bridges, causeways and culverts) in any area, the Board may frame a street scheme for such area.
2. (2) A street scheme may, within the limits of the area comprised in the scheme, provide for all or any of the following matters, namely––
   • (a) the acquisition of any land which, in the opinion of the Board, is necessary for the street scheme;
   • (b) the re-laying out of all or any of the lands so acquired, including the construction and reconstruction of buildings by the Board or by persons authorised by the Board in that behalf, and the laying out, construction and alteration of streets and thoroughfares;
   • (c) the draining, water-supply and lighting of streets and thoroughfares so laid out, constructed or altered;
   • (d) the raising, lowering or reclaiming of any land vested in, or to be acquired, by the Board;
   • (e) the provision of open spaces for the better ventilation of the area comprised in the scheme;
   • (f) the acquisition of any land adjoining any street thoroughfare or open space to be formed under the scheme.

Deferred street scheme.––

1. (1) Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignment to be specified by the Board but that is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignment, the Board may frame a deferred street scheme specifying an alignment on each side of the street and the time limit for the execution of such scheme.
2. (2) A deferred street scheme shall provide for all or any of the following matters, namely:––
   • (a) the acquisition of the whole or any part of any property lying within the street alignment within the time limit specified in the scheme which may be extended by the Board: Provided that such time limit including the extensions granted by the Board shall in no case exceed twenty years from the date of sanction of this scheme;
   • (b) the re-laying out of all or any such property including the construction and reconstruction of building by the Board or by any other person and the formation and alignment of the street;
   • (c) the draining, water supply and lighting of the streets so formed or altered.
3. (3) After a deferred street scheme has been sanctioned by the Board.––
   • (a) no person shall, except with the written permission of the Board, erect, re-erect, add to or alter any building or wall so as to make the same project into the specified alignment of the street;
   • (b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the specified alignment of any street and within the time limit specified in the scheme or extended by it, the owner of such property may, at any time thereafter, give the Board notice requiring it to acquire the same or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice and thereupon the Board shall acquire, or institute such proceedings and acquire, the property accordingly, and if the Board fails to do so, it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure;
   • (c) before instituting proceedings to acquire any property lying within a specified alignment of the street other than property regarding which it has received a notice under clause (b), the Board shall give six months' notice to the owner of its intention to acquire such property.

Land development scheme.––

1. (1) Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a land development scheme.
2. (2) Such scheme shall specify the proposed lay out of the area to be developed and the purposes for which particular portions thereof are to be utilised.
3. (3) The Board may provide for roads, streets, open spaces, drainage, water supply and street lighting and other amenities for the scheme area.
4. (4) The Board may lease out or sell, by outright sale or on hire purchase basis, the building sites in the scheme area.

General improvement scheme.–– Wherever if appears to the Board––

1. (a) that in any area, any building used or likely to be used as dwelling houses are unfit for human habitation, or
2. (b) that danger to the health of the inhabitants of buildings in any area, or to buildings in the neighbourhood of such area, is likely to be caused by––
   • (i) the narrowness, closeness, or bad arrangement or condition of streets or buildings or groups of buildings in such area, or
   • (ii) the want of light, air, ventilation or proper convenience in such area, or
   • (iii) any other sanitary defects in such area, the Board may frame a general improvement scheme in respect of such area.

Preparation, publication and transmission of notice as to housing, improvement or building schemes.––

1. (1) When any housing, improvement or building scheme has been framed, the Board shall cause the preparation of a notice to that effect and specify––
   • (a) the boundaries of the area comprised in the scheme, and
   • (b) the place or places at which particulars of the scheme, a map of the area, and details of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover betterment charges, may be seen at reasonable hours, and shall have the same published in the Official Gazette and also have a copy sent to the local authority concerned.
2. (2) If within two weeks from the date of publication of the housing, improvement or building 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.

Transmission to Board of representation by the concerned local authority as to housing, improvement or building scheme.–– The local authority concerned to whom a copy of the notice has been sent under sub-section

1. (1) of section 39 shall, within a period of sixty days from the receipt of the said copy, forward to the Board any representation which the local authority may wish to make regarding the scheme.

Abandonment, modification or sanction of a housing, improvement or building scheme.––

1. (1) After considering the suggestions or objections received in pursuance of section 39 and 40, the Board may either abandon or modify or sanction the scheme, or apply to the Government for sanction with such modifications, if any, as the Board may consider necessary if the cost of the scheme exceeds ten crore of rupees.
2. (2) The Government may sanction with or without modification, or may sanction with or without modification, or may refuse to sanction, or may return for reconsideration any housing, improvement or building scheme costing over ten crore of rupees submitted to it under sub-section (1).
3. (3) If a scheme returned for reconsideration under sub-section
4. (2) is modified by the Board it shall be republished in accordance with section 39––
   • (a) in every case in which the modification affects the boundaries of the area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired; and
   • (b) in every other case, where the modification is, in the opinion of the Board, of sufficient importance to require republication.

Publication of sanction of housing, improvement of building schemes.––

1. (1) Whenever the Board or the Government sanctions a housing, improvement or building scheme, it shall be published by notification.
2. (2) The publication of the notification in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.
3. (3) Any person aggrieved by the decision of the Board sanctioning a housing, improvement or building scheme may, within fifteen days from the date of publication of the said scheme, appeal to the Government and the decision of the Government on such appeal shall be final.
4. (4) The scheme shall come into force and shall have effect,––
   • (a) where no appeal is preferred under sub-section (3), on and from the expiry of the said fifteen days referred to in that sub-section; and
   • (b) where such appeal is preferred, on and from the date of the decision of the Government on such appeal.

Board to execute housing, improvement or building scheme soon after sanction.–– As soon as may be after a housing, improvement or building scheme other than a deferred street scheme or expansion scheme has come into force, the Board shall proceed to execute the same.

Variation of housing, improvement or building schemes.–– The Board may at any time vary any housing, improvement or building scheme or any part thereof included in the budget approved by the Government: Provided that no such variation shall be made if it involves an expenditure in excess of ten per cent of the amount as included in the budget approved by the Government for the execution of any housing, improvement or building scheme or if it affects the scope or purpose of any such scheme.

Transfer to Board for purposes of housing, improvement or building scheme of building, or land vested in local authority.––

1. (1) Whenever any building or land or any street or any part thereof, which is situated within the jurisdiction of a local authority and is vested in such local authority is required for any housing, improvement or building scheme, the Board shall give notice accordingly to that local authority and such building, land or street or any part thereof shall thereupon vest in the Board.
2. (2) Where any land situated within the jurisdiction of a local authority vests in the Board under the provisions of sub-section (1), and the Board makes a declaration that such land will be retained by the Board only until it revests in the local authority as part of a street or any open space under section 47, no compensation shall be payable by the Board to the local authority in respect of that land.
3. (3) Where any land or building vests in the Board under the provisions of sub-section
4. (1) and no declaration is made under sub-section
5. (2) in respect of the land, the Board shall pay to the local authority as compensation, a sum equal to the market value of such land or building as on the date on which the scheme comes into force under section 42, and where any building situated on the land in respect of which a declaration has been made by the Board under sub-section
6. (2) is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board.
7. (4) If, in any case, where the Board has made a declaration in respect of any land under sub-section (2), the Board retains or disposes of the land contrary to the terms of the declaration, so that the land does not revest in the local authority, the Board shall pay compensation to the local authority in respect of such land in accordance with the provisions of sub-section (3).
8. (5) If any question or dispute arises as to whether compensation is payable under sub-section
9. (3) or sub-section
10. (4) or as to the amount of such compensation or as to whether any building, land or street, or any part thereof, is required for the purposes of the scheme, the matter shall be referred to the Government whose decision thereon shall be final.

Power of Board to turn or close public street vested in it.––

1. (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street or any part thereof vested in it.
2. (2) Whenever the Board discontinues the public use of, or permanently closes, any public street or any part thereof vested in it, 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. (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 on account of which the compensation is paid is discontinued for public use of closed.
4. (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required.

Transferring streets laid out or altered and open spaces provided by Board under a housing, improvement or building scheme.––

1. (1) The Board may hand over any road or street to the local authority concerned after giving one month's notice when––
   • (a) any such road or street, laid out or altered by the Board has been duly levelled, metalled, flagged, channelled, sewered and drained in the manner provided in the scheme sanctioned by the Board or the Government under section 41,
   • (b) lamp posts and other apparatus necessary for the lighting of such streets have been provided by the Board, and
   • (c) water an other sanitary conveniences have been duly provided in such streets.
2. (2) The local authority concerned may, after receiving notice from the Board under sub-section (1), 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.
3. (3) When any open space for the purpose of ventilation or recreation has been provided by the Board in executing any housing, improvement or building scheme, it shall, on completion, be transferred to the local authority concerned by resolution of the Board and it shall thereupon vest in the said local authority and thereafter by maintained by that local authority at its expense: Provided that he local authority may require the Board, before any such open space is so transferred, to enclose, level, turf, drain and layout such space and provide footpath therein, and, if necessary, to provide lamps and other apparatus for lighting it.
4. (4) If any difference of opinion arised between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision thereon shall be final.

Prevention or restriction of traffic in street vested in Board, during progress of work.––

1. (1) When any work which may lawfully be done is being executed by the Board in any street vested in it, the Board may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description.
2. (2) when any such direction has been given, the Board shall put up, in a conspicuous position in or near the street, an order prohibiting traffic to the extent so direct, and fix such bars, chains or posts across or in the street as it may think proper for preventing or restricting traffic therein.

Provision of facilities when work is executed by Board in public streets vested in it.––

1. (1) When any work is being executed by the Board in any public street vested in it, the Board shall, so far as may reasonably be practicable, make adequate provision for––
   • (a) the passage or diversion of traffic;
   • (b) securing access to all premises approached from such street; and
   • (c) any drainage, water supply, or means of lighting, which is interrupted by reason of the execution of the work.
2. (2) The Board shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.

Other duties of Board .––

1. (1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease and otherwise use plots, building and other properties of the Board or of the Government when required to do so and to collect rents, compensation and damages in respect thereof.
2. (2) The Board may,––
   • (a) provide technical advice to the Government and scrutinize projects under housing, improvement or building schemes when required by Government to do so;
   • (b) undertake research on various problems connected with housing in general and find out in particular the economical methods of constructing houses suited to local conditions;
   • (c) undertake comprehensive survey of problem of housing;
   • (d) do all things necessary for––
     • (i) unification, simplification and standardisation of building materials;
     • (ii) encouraging pre-fabrication and mass production of house components;
     • (iii) organising and running workshops, garages and stores for manufacture, sale, stock-piling and supply of building material, required for housing, improvement or building schemes;
     • (iv) securing a steady and sufficient supply of workmen trained in the work of construction of buildings
3. (3) The Board may at any time, with the consent of the Government and upon such terms and conditions as may be agreed upon, undertake on behalf of any person any work relating to the development of housing or town improvement or town planning or any constructional activity whether as an agent or otherwise.

Power of Government to call for the records of Board and to modify housing, improvement or building schemes.––

1. (1) Notwithstanding anything contained in the foregoing provisions of this chapter, the Government may, at any time, in the case of any housing, improvement or building scheme which is proposed to be framed or which has been framed by the Board or which is being executed by it, call for and examine the records of the Board relating to such scheme and if, after making the examination and after considering the representations, if any, of the Board and the local authority concerned, it appears to the Government that such scheme should be modified, annulled or remitted for reconsideration to the Board or that such scheme should be executed with modifications, it may pass orders accordingly,
2. (2) The Government may stay the execution of any such scheme pending the exercise of its powers under sub-section
3. (1) in respect thereof.
4. (3) Any housing, improvement or building scheme which has already come into force but has been modified by the Government under sub-section
5. (1) shall have effect as if it had been duly sanctioned by the Board or the Government, as the case may be, under section 41.

Power to exempt Power to exempt.–– The Government may, by notification, exempt either generally or subject to such conditions and restrictions as may be specified in such notification and for reasons to be recorded therein, any housing, improvement or building scheme, or class of housing, improvement or building schemes, from all or any of the provisions of this Chapter.