Chapter V Chapter V

Notwithstanding anything contained in any other law for the time being in force, a rehabilitation scheme may provide for all or any of the following matters, namely:— (a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme; by following the provision of the land acquisition Act, 1894; (b) the laying or re-laying out of any land comprised in the scheme; (c) the distribution or re-distribution of sites belonging to owners of the property comprised in the scheme; (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation; (e) the demolition of obstructive buildings or portion of buildings; (f) the construction and reconstruction of any type of buildings, their maintenance and preservation; (g) the sale, lease or exchange of any property comprised in the scheme; (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; (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; (k) the provision of sanitary arrangements required for the area comprised in the scheme, including conservation and prevention of injury or contamination to reverse or other sources and means of water supply; (1) the provision of accommodation for any class of inhabitants; (m) the provision of facilities for communication and transport; (n) the collection of such information and statistics as may be necessary for the purpose of this Act; (o) the reclamation or reservation of lands for markets, gardens, playing fields and afforestation; (p) the provision of schools, parks, dispensaries, hospitals, swimming pools, cinema houses, restaurant, shops, markets, fuel depots, laundries, hair dressing saloons and other amenities; and (q) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to rehabilitate 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 rehabilitation scheme to be an "adjoining area". (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; (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; (k) the provision of sanitary arrangements required for the area comprised in the scheme, including conservation and prevention of injury or contamination to reverse or other sources and means of water supply; (l) the provision of accommodation for any class of inhabitants; (m) the provision of facilities for communication and transport; (n) the collection of such information and statistics as may be necessary for the purpose of this Act; (o) the reclamation or reservation of lands for markets, gardens, playing fields and afforestation; (p) the provision of schools, parks, dispensaries, hospitals, swimming pools, cinema houses, restaurant, shops, markets, fuel depots, laundries, hair dressing saloons and other amenities; and (q) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to rehabilitate 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 rehabilitation scheme to be an "adjoining area".

Whenever the Board is of opinion that it is necessary for persons who— (a) are displaced by the execution of any scheme sanctioned by the Government; or (b) are likely to be displaced by the execution of a scheme which the Government intend to frame; or (c) cannot be accommodated in any scheme; or (d) the Board may frame a rehabilitation scheme for the construction, maintenance and management of such number of dwelling houses and shops as may be required or for providing such number of open plots with roads, streets and open spaces as may be necessary.

(1) When any rehabilitation 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, (c) and shall have the same published in the Official Gazette and also have a copy sent to the local authority concerned. (2) If within two weeks from the date of publication of a rehabilitation 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.

The local authority concerned to whom a copy of the notice has been sent under sub-section (1) of section 32 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.

(1) After considering the suggestions or objections received in pursuance of sections 32 and 33, 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 one crore of rupees. (2) The Government may sanction with or without modification, or may refuse to sanction, or may return for reconsideration any rehabilitation scheme costing over one crore of rupees submitted to it under sub-section (1). (3) If a scheme returned for reconsideration under sub-section (2) is modified by the Board, it shall be republished in accordance with section 32,— (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.

(1) Whenever the Board or the Government sanctions a rehabilitation scheme, it shall be published by notification. (2) The publication of the notification in respect of any scheme shall be conclusive evidence that the scheme had been duly framed and sanctioned. (3) Any person aggrieved by the decision of the Board sanctioning a rehabilitation 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: Provided that the Government may before it’s decision grant a stay, in whole or part on execution of the said scheme. (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, an absolute stay is granted on execution of the scheme by the Government, on and from the date of the decision of the Government on such appeal dismissing such appeal.

As soon as may be after a rehabilitation scheme has come into force, the Board shall proceed to execute the same.

The Board may, at any time, vary any rehabilitation scheme or any part thereof included, in the budget approved by the Government: Provided that such variation shall be made if it involves an expenditure in excess of ten percent of the amount as included in the budget approved by the Government for the execution of any rehabilitation scheme or if it affects the scope or purpose of any such scheme.

(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 within the area of any rehabilitation scheme, the Board shall give notice accordingly to that local authority and such building, land, or any part thereof shall thereupon vest in the Board. (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 revert to the local authority as part of a street or any open space under section 40, no compensation shall be payable by the Board to the local authority in respect of that land. (3) Where any land or building vests in the Board under the provisions of sub-section (1) and no declaration is made under sub-section (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 35, and where any building situated on the land in respect of which a declaration has been made by the Board under sub-section (2) is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board. (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 declaration, so that the land does not revert to 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). (5) If any question or dispute arises as to whether compensation is payable under sub--section (3) or sub-section (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: Provided that where the compensation payable is under dispute or under reference, the land shall continue to be in the possession of the Board if such possession was with the Board immediately prior to such dispute over the compensation.

(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) 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 liquidated damages 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 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 or closed. (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.

(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 34; (b) lamp posts and other apparatus necessary for the lighting of such streets have been provided by the Board; and (c) water and other sanitary conveniences have been duly provided in such streets. (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 henceforth be maintained, kept in repair, lighted and cleaned by the local authority. (3) When any open space for the purpose of ventilation or recreation has been provided by the Board in executing any rehabilitation scheme, it shall, on the 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 be maintained by that local authority at it‟s expense: Provided that the 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) If any difference of opinion arises 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.

(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) 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 directed, and fix such bars, chains or posts across or in the street as it may think proper for preventing or restricting traffic therein.

(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) The Board shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.

(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Government may, at any time, in the case of any rehabilitation 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) The Government may stay the execution of any such scheme pending the exercise of it’s powers under sub-section (1) in respect thereof. (3) Any rehabilitation scheme which has already come into force but had been modified by the Government under sub-section (1) shall have effect as if it has been duly sanctioned by the Board or the Government, as the case may be, under section 34. The scheme as modified shall be published in accordance with the provisions of section 35 and on such publication, the scheme so modified shall come into force and have effect accordingly.

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 rehabilitation scheme, or schemes, from all or any of the provisions of this Chapter.

The Board may, for the relief and rehabilitation of displaced persons, direct payment of any rehabilitation grant to a displaced person under such condition and to such extent and in such form and manner as may be prescribed.