Chapter III HOUSING SCHEMES.

Subject to the provisions of this Act and subject to the control of the State Government the Board may incur expenditure and undertake works in such rural area as the State Government may by notification in the Official Gazette specify for the framing and execution of such housing schemes, including the housing schemes administered by the Social Welfare department of the State Government at the commencement of this Act, as it may consider necessary from time to time or as may be entrusted to it by the State Government.

If the Board while framing a housing scheme in respect of a rural area considers it necessary for the purpose of construction of houses under the scheme to include in the scheme a part of an area which is contiguous to such rural area but which is not a rural area, then, notwithstanding anything contained in section 25 or any other law for the time being in force, it shall be lawful for the Board, with the previous approval of the State Government to include in the scheme such part and thereupon the part shall be deemed to be a rural area for the purposes of the scheme.

(1) Notwithstanding anything contained in any other law for the time being in force, a housing 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: (b) the laying out or relaying out of any land comprised in the scheme; (c) the distribution or re-distribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation; (e) the demolition of obstruct buildings or portions of buildings that are an obstruction; (f) the construction and re-construction of buildings; (g) the sale, letting or exchange of any property comprised in the scheme; (h) the construction and alteration of roads, streets, backlanes, bridges, culverts and cause-ways; (i) drainage, water supply and lighting of the area included in the scheme; (j) shops, schools, 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) sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply; (l) accommodation for members of Scheduled Cases, Scheduled Tribes, any socially and educationally backward classes of people, agricultural labourers, economically weaker sections of the people and any other class of inhabitants; (m) the advance of money for the purposes of the scheme; (n) facilities for communication and transport; (o) the collection of such information and statistics as may be necessary for the purposes of this Act; (p) any other matter for which, in the opinion of the State Government it is expedient, to make provision with a view to provide housing accommodation in rural areas and to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. (2) For the purposes of this section, the State Government may, on the recommendation of the Board, by notification in the Official Gazette, specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area. (3) The Board may execute any of the matters provided in a housing scheme through any independent agency.

(1) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under any enactment for the time being in force for the constitution of a municipal corporation for any area in the State of Gujarat nor shall any housing scheme made under this Act contain anything which is inconsistent with any of the matters included in a town planning scheme sanctioned by the State Government under the Bombay Town Planning Act, 1954 or any corresponding law in force in any part of the State. (2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any such enactment as aforesaid or contains anything inconsistent with any matter included in a town planning scheme sanctioned under the Bombay Town Planning Act, 1954 or any corresponding law in force in any part of the State, the decision of the State Government shall be final. Such decision shall be taken within a period of three months.

(1) Before the first day of December in each year, the Board shall prepare and forward to the State Government in such form as may be prescribed-- (i) a programme; (ii) a budget for the next year. (2) The programme shall contain— (a) such particulars of housing schemes which the Board proposes to execute whether in part or whole during the next year as may be prescribed; (b) the particulars of any undertaking which the Board proposes to organize or execute during the next year for the purpose of the production of building materials; and (c) such other particulars as may be prescribed. (3) The budget shall contain a statement showing the estimated receipts and expenditure

The State Government may sanction the programme and the budget forwarded to it with such modifications as it deems fit. The programme and the budget so sanctioned shall be laid before the State Legislature as soon as may be after they are sanctioned.

The Board may, at any time, during the year, in respect of which a programme has been sanctioned under section 30 submit a supplementary programme and budget to the State Government and the provisions of section 30 shall apply to such supplementary programme.

The Board may at any time vary any programme or any part thereof included in the programme sanctioned by the State Government: Provided that no such variation as affects the scope or purpose of any housing scheme included in such programme shall be made without the previous sanction of the State Government.

After the programme has been sanctioned by the State Government under section 30, the Board shall, subject to the provisions of section 32 proceed to execute the housing schemes included in the programme.

(1) Whenever any street, square or other land or part thereof which is situated in any area within the jurisdiction of a panchayat and is vested in that panchayat is within the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme, the Board shall give notice accordingly to that panchayat. (2) Where the panchayat concurs, such street, square or other land or part thereof shall vest in the Board. (3) Where there is any dispute the matter shall be referred to the State Government. The State Government shall, after hearing the panchayat concerned, decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the rights or powers of the panchayat in or over any drain or water-works in such street, square or land.

(1) Where any land vests in the Board under the provisions of section 34 and the Board makes a declaration that such land shall be retained by the Board only until it revests in the panchayat as part of a street or an open space under section 38 no compensation shall be payable by the Board to the panchayat in respect of the land. (2) Where any land vests in the Board under section 34 and no declaration is made under sub-section (1) in respect of the land the Board shall pay to the panchayat as compensation a sum equal to the value of such land. (3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the panchayat, the Board shall pay to the panchayat compensation in respect of such land in accordance with the provisions of sub-section (2).

(1) The Board may turn, divert, discontinue the public use, or permanently close, any public street vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes any public street vested in it or any part thereof, 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) 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 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 by it.

If there is any dispute as to whether any compensation is payable under section 35 or as to the amount of compensation payable under section 35 or section 36, as the case may be, the matter shall be referred to the Tribunal.

(1) Whenever the State Government is satisfied— (a) that any street laid out or altered by the Board has been duly levelled, payed, metalled, flagged, channelled, sewered and drained in the manner provided in the programme sanctioned by the State Government under section 30, and (b) that such lamps, lamp-posts and other apparatus as the panchayat considers necessary for the lighting of such street and as ought to be provided by the Board has been so provided, and (c) that water and other sanitary conveniences have been duly provided in such street, the Government may declare the street to be a public street, and the street shall thereupon vest in panchayat and shall thenceforth be maintained, kept in repair, lighted and cleaned by the panchayat. (2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme it shall on completion be transferred to the panchayat concerned by resolution of the Board, and shall thereupon vest in and be maintained at the expense of the panchayat : Provided that the panchayat may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay out such space and provided footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it. (3) If any difference of opinion arises between the Board and the panchayat in respect of any matter referred to in the foregoing provision of this section, the matter shall be referred to the State Government whose decision shall be final.

It shall be the duty of the Board to take measure with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for— (a) unification, simplification and standardisation of building materials; (b) encouraging pre-fabrication and mass production of house components: (c) organising or undertaking the production of building materials required for the housing schemes; (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction; (e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

A housing scheme may provide— (a) for the formation of a reconstituted plot by the alterations of the boundaries of an original plot; (b) with the consent of the owners that two or more original plots each of which is held in ownership in severally or in joint ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot; (c) for the allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme; and (d) for the transfer of ownership of a plot from one person to another.

The State Government may, by general or special order published in the Official Gazette, exempt any housing scheme from all or any of the provisions of sections 29 to 33 (both inclusive) subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.