Chapter VI FUNCTIONS AND POWERS OF THE BOARD

(1) Subject to the provisions of this Act and Subject to the control of the Government the Board may from time to time incur expenditure and undertake work, in any area in which this Act is in force for the framing and execution of such housing schemes as it may consider necessary. (2) Government may, on such terms and conditions as he may think fit to impose, entrust to the Board the framing and execution of any housing or improvement scheme whether provided for by this Act or not, and the Board shall thereupon undertake the framing and execution of such scheme as it it had been provided for by this Act. (3) The Board may , on such terms and conditions as may be agreed upon and with the previous approval of the State Government , take over for execution any housing or improvement scheme on behalf of a local authority or co-operative society on behalf of an employer when the houses are to be built mainly for the residence of the employees of the concerned local authority , members of the co-operative society or employess of the employers and the Board shall execute such scheme as it had been provided for by this Act. The Divisional Allotment Committee shall forward its decisions to the Board for onward transmission to the Government.

(1) The Board shall undertake the following types of housing and improvement scheme:- (a) The integrated Subsidised Housing Scheme for industrial worker and the economically weaker sections of the community; (b) The Low Income Group Housing Scheme; (c) The Middle Income Group Housing Scheme; (d) The Rental Housing Scheme; (e) The Land Acquisition and Development Scheme; (f) The Slum Clearance and Improvement Scheme; (g) The Rural Housing; and (h) A general town improvement and such other schemes as may be entrusted to it by the State or Central Government. (2) The schemes specified in clauses (a) to (d), clauses (f) to (g) of sub-section(1) provided for the construction of houses so constructed. (3) The Board may provide for renting out , leasing out , outright sale or sale on hire purchase of houses or house-sites, constructed under the schemes specified in sub-section(1). However, the Board shall prepare regulations for the allotment of houses/flats/sites with the approval of the Government and allotments are not in accordance with such regulations the allotment shall be considered to be illegal. (4) The Board may provide in the area where the scheme mentioned in sub-section(1) is in force, roads , streets, drainage water-supply, street lighting and other amenities as necessary. Formal allotment orders and letters shall be issued by the office of the Board. Provided decision on allotment on compassionate ground referred to in Regulation 10(h) shall be taken by the Board.

Not –withstanding anything contained in any other law for the time being in force the aforesaid housing or improvement scheme may provide for all or any of the following matters; namely:-- (a) the acquisition by purchase ,exchange ,of otherwise of any property necessary for the affected by the execution of the scheme; (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 of demolition of dwellings or portions of dwelling unfit for human habitation, (e) the demolition of obstructive buildings or potion of buildings; (f) the construction and re-construction of building; (g) the sale ,lase or exchange of any property comprised in the scheme; (h) the construction and alteration of roads ,streets, back lane ,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 area arrangements required of the area comprised in the scheme ,including the conservation of and prevention of injury or contamination to rivers or other sources and means of water-supply; (l) the provision of accommodation for any class of inhabitants; (m) the advance of money for the purposes of scheme; (n) the provision of facilities for communication and transport; (o) the collection of such information and statistics as may be necessary for the purposes of this Act; (p) the reclamation or reservation of land for markets ,gardens, playing ,fields and afforestations; (q) the provision of schools, parks, swimming pools ,restaurants, shops, markets, fuel depots ,laundries, hair dressing saloons and other amenities in the scheme; and (r) any other matter for which in the opinion of the government is expedient to make provision with a view to provide house accommodation and to the improvement of any area comprised in the scheme, or of any adjoining area or the general efficiency of the scheme. Explanation --- For the purposes of this section, the government may , on the recommendation of the Board, by notification ,specify such area surrounding or adjoining the area included in a housing or improvement schemes to be the adjoining area, The Board/Divisional Allotment committee shall thereafter prepare a final list of allottee/hirers and shall place them in such group or groups as may be deemed expedient by the Board.

(a)No housing or improvement scheme made under this Act ,shall contain anything which is inconsistent with any of the matters included in a master plan sanctioned by government under the Bihar Town planning and improvement Trust Act,(Bihar act xxxv of 1951). (b) If any dispute arises whether a housing or improvement scheme made under this Act contains anything inconsistent with any matter included in a master plan sanctioned under the .Town planning and improvement trust Act,1951(Bihar Act xxxv of 1951).the decision of the government shall be final. On the basis of final list of allottees /hirers drawn up by the Board/Divisional Allotment committee an allotment Register shall be prepared in which names and other particulars of allottees /hires shall be entered serially as per list.

(1)Before the first day of December in each year ,the Board shall prepare and forward--- (1) a programme; (ii) a budget for the next year; and (iii) a schedule of the staff already employed and to be employed during the next year to the government in such from as may be prescribed; (2) The programme shall contain— (a) the prescribed particulars in respect of housing schemes which the board proposes to execute whether in part of whole during the next year; (b) the particular of any undertaking of work which the Board proposes to organise of execute , as the case may be ,during the next year for the purposes of production of building materials; and (c) such other particulars as may be prescribed. (3) The budget shall contain a statement showing the estimate receipts and expenditure on capital and revenue accounts for the next year and such other particulars as may be prescribed and shall make provision for the due efficient administration of this Act. (4) The schedule of the staff and establishment shall contain the information as mentioned in section 20. Indmation about allotment shall be sent to all persons selected for allotment whose names have been entered in the allotment register.

After receipt of the programme and budget ,the State Government may ,if it so desires give direction for its modification. In the event of a person or persons not accepting offer of allotment and failing to comply with the prescribed formalities within two months of issue of the allotment latter, the property shall be allotted to the person or persons next falling on the waiting list in the serial order or the Application Register provided the eligibility criteria is satisfied.

The Board may ,at any time vary any programme of any part thereof: Provided that if the variation of any housing scheme /schemes involves any expenditure in excess of ten per cent of the amount as originally sanctioned for the execution of the scheme/schemes or if it effects its /their scope or purpose ,such variation shall be done by following provisions under section 31to 33. When the dwelling unit/flat is disposed of be sale the allottee shall become the owner only after the full disposal price and other dues have been paid by him to the Board and the transfer of absolute ownership or otherwise of the swelling unit/ flat/ plot has been affected through a conveyance deed executed in such form as may be prescribed by the Board.

The Board shall subject to the provisions of sections 32 and 35, proceed to execute the housing scheme included in the programmes made under sections 31 and 34. (1) the hire –purchase deposit which shall be a sum as to be decided by the Board from time to time shall be paid by an applicant within two months after decision has been taken to allot him a dwelling unit/flat. Such deposits shall be adjusted after the expiry of the hire –purchase period at the time of execution of the conveyance Deed. (2) In the case of such applicants as have not finally been allotted any dwelling unit/flat the said deposit shall be refunded. (3) In the case of such applicants to whom allotment letters have been issued and who have failed to fulfil the requirements as specified in the allotment letter such equal to 20 per cent of the deposit shall be forfeited and the balance refunded. (4) The board shall have the sole and exclusive right over the hire purchase deposit till such time it is adjusted on the execution of the conveyance deed or refunded with or with our deduction as provided in these regulations and the agreement made there under. (5) Subject to provisions or Regulation 11 the balance hire- purchase price of the property including interest thereon at such rates as may be prescribed by the Board shall be recovered in monthly instalments the amount whereof shall be fixed in each case. Provided further that except where a hirer permitted to pay dire purchase price as aforesaid in lump sum, he shall not mortgage, transfer or part with the possession of the property till the expiry of hire –purchase period otherwise than with prior permission of the Board. (1) unit/flat. Such deposits shall be adjusted after the expiry of the hire –purchase period at the time of execution of the conveyance Deed. (2) In the case of such applicants as have not finally been allotted any dwelling unit/flat the said deposit shall be refunded. (3) In the case of such applicants to whom allotment letters have been issued and who have failed to fulfil the requirements as specified in the allotment letter such equal to 20 per cent of the deposit shall be forfeited and the balance refunded. (4) The board shall have the sole and exclusive right over the hire purchase deposit till such time it is adjusted on the execution of the conveyance deed or refunded with or with our deduction as provided in these regulations and the agreement made there under. (5) Subject to provisions or Regulation 11 the balance hire- purchase price of the property including interest thereon at such rates as may be prescribed by the Board shall be recovered in monthly instalments the amount whereof shall be fixed in each case. Provided further that except where a hirer permitted to pay dire purchase price as aforesaid in lump sum, he shall not mortgage, transfer or part with the possession of the property till the expiry of hire –purchase period otherwise than with prior permission of the Board.

(1) Whenever any building or land or any street of any part there of , which is situated within the jurisdiction of a local authority and is vested in such local authority is included within the area of any housing or improvement scheme the board shall issue notice accordingly to such local authority after obtaining the approval of the Government. (2) Where such local authority concurs, such building or land or any street or any part thereof ,shall vest in the Board. (3) Where there is any dispute between the Board and such local authority the matter shall be referred to the Government and the Government shall after ‘hearing the board and the local authority concerned, decide the matter and decision of the Government shall be final. The possession of the dwelling unit/flat shall be handed over to the hirer after the hirer has paid the prescribed number of instalments and such other dues as shall have been demanded by the Board.

(1) where any land situated within the jurisdiction of local authority vests in the Board under the provisions of section 37 and the Board makes a declaration that such land will be retained by the Board only until it reverts in the local authority as part of a street or an open space under section 43, no compensation shall be payable by the Board to the local authority in respect of that land. (2) Where any land or building vests in the Board under the provisions of section 37 and no declaration is made under-section (1) in respect of the land, the Board shall pay the local authority as compensation a sum equal to the value of such land or building. (3) If, in any case, where the Board has made a declaration in respect of any land under sub-section (1) and the Board retains or disposes of the land contrary to the terms of the declaration and the land does not revert in the local authority, the Board shall pay to the local authority, compensation in respect of such land in accordance with the provisions of sub-section (2). During the hire –purchase period a heir shall remain the tenant of the Board and shall have no other right except that of tenancy as per agreement executed.

(1) The Board my divert, discontinue the public use of , 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 in lieu thereof for the use but those entitled to the use of such street or part thereof any 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 closure. (3) In determining the compensation payable to any person under subsection (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 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 (2) the Board may sell or lease out so much of the same as is no longer required. During such period as a hirer remains a tenant he shall abide by the tenancy stipulations as specified in the hire- purchase agreement.

If there is any dispute as to where any compensation is payable or as to the amount of compensation payable under section 38 or section 39 the matter shall be referred to the Tribunal, whose decision shall be final. If the hirer fails to do a thing or refrains from doing a thing as required by the agreement executed under these regulations, the Board shall have the power to get such things done or prevent such things being done at the risk and cost of the hirer.

(1) Such of the provisions of the Bihar and Orissa Municipal Act, 1922 (B & O.Act VIII of 1922), the Patna Municipal Corporation Act, 1951 (Bihar Act 13 of 1952) and Bihar Panchayat Raj Act, 1947. (Bihar Act 4 of 1947 as relate to maintenance or repairs of public streets, closure of public street or parts thereof, diverting or turning public street or parts thereof, and to disposal of the land which is no longer required when any public street is permanently closed shall not apply to any street which is vested in the Board. (2). Such of the provision of the enactments, specified in sub-section (1) as relate to temporary closure of streets, precautions during repairs of streets and prosecution against removal of bars and lights shall not apply to the board when any drain or premised vested in the local authority is opened or broken up the Board or any public street is under construction by the Board. The hirer shall cease to be a tenant and shall be the owner of the flat dwelling unit only after the last instalment of hire purchase and all other dues have effected through a conveyance deed in such from as may be prescribed by the board.

Whenever the Board allows any street vested in it to be used for public traffic it shall keep the street in good repair and do all things necessary for the safety and convenience of persons using it. (i) The land under and appurtenant to a property shall be allotted on perpetual leasehold basis to the owners of dwelling unit on such terms and conditions as may be determined by the Board. (ii) A lease deed for the land specified in sub-regulation (i) shall be drawn up and executed in such form as may be prescribed by the Board.

(1) The Board may hand over any road or street to the local authority concerned after giving a month’s notice, when- (a) any such road or street laid out 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; (b) Water and other sanitary conveniences have duly been provided in such streets. (2) The local authority concerned may after receiving the 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 cleansed by the local authority. (3) When any open space for the purposes of ventilation or recreation has been provided by the Board in executing a housing or improvement scheme, it shall, on completion, be transferred to the local authority concerned by a resolution of the Board and it shall thereupon vest in the local authority concerned and thereafter be maintained by that local authority at its expense; Provided that the local authority may require the Board before and such open space is so transferred to enclose, level, turf, drain and lay out 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 shall be final. The payment for dwelling sites shall be made in the following order: (i) The applicant under the High income Group and the Middle income Group shall pay/deposit 30 per cent of the disposal price immediately after it has been decided to allot a dwelling site to him, but the applicant under low income Group and the Economically Weaker Section, shall pay/ deposit 20 per cent of the disposal price immediately after it has been decided to allot a dwelling site to him. (ii)The balance amount of the disposal price shall be paid within such period as may be determined by the Board and specified in the allotment order.

(1) When any work which may lawfully be done, is being executed by the 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 of any specified description. (2) When any such direction has been given the Board shall set 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. When a housing Estate has been developed by the Board the Board may require the local authority within whose limits such Housing Estate is situated to assume responsibility for the maintenance of all or any of the following amenities. Namely:- (a) Roads and paths, storm water drains, water supply and ancillary installations, street lighting and other services. (b) Parks and open areas intended for recreation. (c) Market, shopping centre, schools community hall or any other amenity for common use on such terms and conditions as may be agreed between the Board and that local authority.

It shall also be the duty of the Board to take measures with a view- (1) To plan and co-ordinate all housing activities in the State and to ensure expeditious and efficient implementation of housing or improvement schemes in the State; (2) To provide technical advice and scrutinise all projects under housing or improvement schemes sponsored or assisted by the central or State Government; (3) to maintain, allot, lease and otherwise use plots, buildings, and other properties of the Board or the Government, and to collect rents from the properties under the control and management of the Board, and repay loans to the State and central Government; (4) To set up a research section for the purpose of expediting the construction of and cheapening the cost of buildings; (5) to organise and run workshops and stores for manufacture, sale, stock piling and supply of building materials, required for housing or improvement schemes; (6) to undertake comprehensive survey of problems of housing, and (7) to 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 for residential or non-residential housing, and (d) securing a steady and sufficient supply of work mentioned in the work of construction of building. Simple interest at the rate of 5 per cent will be payable on the amount of earnest money deposited by the applicants, after the date of enforcement of this regulation. No interest will be payable on deposits made hereinbefore.

A housing scheme may provide- (a) For the formation of a reconstituted plot by the alteration 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 separately or jointly shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot; (c) For the allotment of plot to any owner dispossessed of land in furtherance of the housing scheme; and (d) For transfer of ownership of a plot from one person to another with the consent of such persons.

The Board may include in the cost of any housing or improvement scheme framed by it or any other work undertaken by it, supervision and centage charge at such rates as may be fixed by it: Provided that the rate so fixed shall not be more than twelve and a half percent of the cost of the scheme or work.

The Government may, by notification, exempt, subject to such conditions and restrictions as may be specified in such notification, any housing or improvement scheme, or class of housing or improvement scheme from all or any of the provisions of this Chapter.