Chapter X GONSTITU I'TON OF TRIBUNAL AND ITS FUNCTIONS :

Every loan taken by the Board shall be repaid by the Board within the period agreed upon by the Board and subject to the provisions of sub-section (2) of section 115 by such of the following methods as may be approved by the Government, namely:-- (a) from a sinking fund established under section 99 in respect of the loan; or (b) by paying in equal yearly or half-yearly instalments of principal or of principal and interest, throughout the said period; or (c) if the Board has, before borrowing money on debentures, reserved, by public notice, a power, to pay off the loan by periodical instalments and to select by lot the particular debentures to be discharged at particular periods, then, by paying such instalments at such periods; or (d) from money borrowed for the purposes of mentioned in clause (c); or (e) partly from the sinking fund established under section 99 in respect of the loan, and partly from money borrowed for the purpose.

(1) Whenever a 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 sub-section (1) shall be calculated shall be such as may be prescribed.

(1) The Accountant General, Kerala, shall examine the said sinking funds every year and ascertain whether the cash and current value of the securities at credit of such fund are actually equal to the amount which would have accumulated, had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom. (2) The Board shall forthwith pay into any sinking fund any amount which the Accountant General may certify to be the deficiency therein after examination as aforesaid, unless the Government specially sanction a gradual readjustment.

(1) The Chairman shall, at a special meeting to be held in the month of February in each year, lay before the Board an estimate of the income and expenditure of the Board for the next ensuing year. (2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Board, and for the efficient administration of this Act. (3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared in such form, and shall contain such details, as the Government may, from time to time, prescribe. (4) Every such estimate shall be completed and printed and a copy thereof sent, by post or otherwise, to each member at least ten clear days before the date of the meeting at which the estimate is to be laid before the Board. (5) A revised budget, if any, including all the expenditure not covered in the original budget estimate, shall be laid before the Board at a special meeting to be held in the month of December in each year.

The Board shall consider every estimate so laid before it and shall sanction the same, either without modification or with such modification as it may think fit.

(1) Every such estimate as sanctioned by the Board, shall be submitted to the Government, who may, at any time within three months after receipt of the same,-- (a) approve the estimate; or (b) disallow the estimate or any portion thereof, and return the estimate to the Board for amendment. (2) If any estimate is so returned to the Board, it shall forthwith proceed to amend it and shall resubmit the estimate as amended to the Government who may then approve it.

(1) The Board may, at any time, during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before it at a special meeting. (2) The provisions of subsections (3) and (4) of section 105 and of sections 106 and 107 shall apply to every supplementary estimate.

(1) The Board shall keep a capital account and a revenue account. (2) The capital account shall show separately all expenditure incurred by the Board on each housing or improvement scheme.

(1) The moneys credited to the revenue account shall be held by the Board in trust, and shall be applied to— (a) payment of all charges or payments towards interest on sinking fund due on account of any loan taken in pursuance of this Act, and all other charges incurred in connection with such loans; (b) payment of all sums due from the Board in respect of rates and taxes imposed by the local authority concerned, upon the land vested in the Board; (c) payment of costs, if any, of maintaining a separate establishment for the collection of rents and other proceeds of land vested in the Board; (d) payment of all sums towards the cost of the Tribunal under section 8; (e) payment of all sums which the Government may direct to be paid to any auditor under section 120; (f) payment of the cost of management including such proportion thereof as may be debited to the capital account under clause (h) of section 113; and (g) payment of all other sums due from the Board, other than those which are required by section 113 to be disbursed from the capital account. (2) The surplus, if any, remaining after making the payments referred to in sub-section (1) shall, subject to the maintenance of the closing balance as required by sub-section (2) of section 109, be invested in the manner laid down in section 101 towards the service of any loan after the expiry of sixty years from the commencement of this Act unless the Government otherwise direct.

(1) Notwithstanding anything contained in section 115, the Board may advance any sum standing at the credit of revenue account for the purpose of meeting capital expenditure. (2) Every such advance shall be refunded to the revenue account as soon as may be practicable.

(1) Any deficit in the revenue account at the end of any year may be made good by an advance from the capital account after obtaining the approval of the Government. (2) Every such advance shall be refunded to the capital account in the following year.

(1) Any person aggrieved by a disallowance, surcharge or charge made under subsection (2) may, within fourteen days after he has been furnished with a copy of the decision of the auditor, either (a) apply to the court of the Subordinate Judge or if there is no Subordinate Judge's Court having jurisdiction, to the Court of the District Judge to set aside such disallowance, surcharge or charge, in which case the court may, after taking such evidence as it thinks necessary, confirm, modify, or remit such disallowance, surcharge, or charge, with such orders as to costs as it may think proper in the circumstances, or (b) in lieu of such application, appeal to the Government who shall pass such orders as they think fit. (2) Every sum certified to be due from any person by the auditor under this Act, shall be paid by such person to the Board within fourteen days after he has been furnished with a copy of the decision of the auditor or within such time as such person has applied to the court or appealed to the Government against the decision under subsection (3) and such sum, if not paid or such sum as the Court or the Government shall declare to be due, shall be recoverable on an application made by the Board to the Court in the same way as an amount decreed by it. (3) Notwithstanding anything contained in this section, the Government may at any time direct that the recovery of the whole or any part of the amount certified to be due from any person by the auditor under this Act shall be waived if in their opinion such a course is necessary considering all the circumstances of the case.

It shall be the duty of the Board to remedy any defects or irregularities as may be pointed out by the auditor and to submit a report thereon to the Government.

(1) The accounts of the [Boatd asicertified:by the, | + fl. Auditor together with the audit report: thereon shall b3 forwarded annually [i 1 to the Governaent, and the Goverament may isthe sudh instructions for thar tor Board in respect thereofas thay deem At, ay liths Board shall: comply with: po such instructions. i t I gl kh] REY tip ! X : ath ii | i

3741580/2019/0S-HOUSING 47

1. (8) The Government shall-— «
   • (a) cause the accounts ofthe “Board together with the audit report thereon forewaided to them under subsection (1) to be laid annually helore the Legislative Asserhibly 3¢ “antl t , (k). + éattse “the necbinds of the Board to ‘he published in the : prescribed” manner and {ake available copies thereof on sale at a . veasonable: price; ht . ! Fa i i i i 3 dds + Charen, XIIT : | |! PENALTIES AND PROCEDURE li fos : 127. Penalty for removing Seber, ete, in streets —If any person without lawlul authosity infringes any over given, or removes any bar, chain os post. fied under aubeotion [8) t section: 63, he’ shall be punishable wich fine which may extend. to fifty xf pees,

=. pemission—If any person; without the permission of the Board erects,

re-ereets: dds ‘to or alters any wall or building $0 as to make the same

project irito'the street alignmeny or beyond the building line prescribed by

. any deferved street scheme, devilopment scheme or town expansion scheme, he shall ‘be. punishable— 5 3

1. (a) - withfine which may extend, in the case of a wallor masonry building, to five hundred rupees and in any other case, to filty rupees, and ; (b) with further fine which may extend, in the case of 4 wall or . masonry building, to one hundred rupees and, in any other case, 10 len rupees, for each’ day after the fist during which the projection continues. 129. Penalty for fuiliire to comply wit requisition wade by Auditor, 18 any

» pemon-fails to comply with say requisition made by the auditor under

section, 121, he shall be punishable—

i (2) with fine ‘which may extend to one hundred rupees, und

1. (b) in the ase ola containing failure, with fine witch ray ost _ to fifty rupees for each day after the fst during which the failure continnes 130, Penalty for obstructing contractor or removing mark Il any person—
2. (a) obstructs or molests any person with whom the Chair or the officer authorised under section 33 lias entered into a contract on behall of the Board, in the performance or execution by such person af his duty or of anything which he is empowered or required ‘to do by virtue or in cou- sequence of this Act or any rule or regulation made thereunder ; or 3741580/2019/0S-HOUSING
3. (b) removes any mark set up for the purpose of indicating any level or direction necessary for the execution of works authorised by this Actor any rule or regulation made or scheme sanctioned thereunder, he shall be punishable with fine which may extend to two hundred rupees. hee : 131. Penalty for breach of the provisions of the Act, elc.~—~Whoever: con- g travenes any of the provisions of this Act or of any rule or regulation made or scheme sanctioned thereunder shall, if no other penalty is provided: for such contravention, be punishable— ’ rg
4. (a) with [inc which may cxtend to one hundred rupees, and 7 Tk, SAY
5. (b) in the case of a continuing contravention, “with fine which hay + 7 extend fo fifty rupecs for each day after the first, during which’ the contravention continues. . 8 132. Comprsation lo he paid by offenders for damage caused by them—(1) When any person is convicted of any offence under this Act or any rule or regulation made thereunder, the Magistrate convicting such person may, on application made in this behalf by the Board or by its officer or subordinate wuthorived by it in this behalf, call upon such person. forthwith f to show case as (0 why he should not pay compensation to the Board for a the dunage caused by his act or omission HS respect of . which ho'is convicted. pr | y : A

1. (2) The Magistrate shall record and consider any cause, whicli such 2 person may show and if the Magistrate, after Todking such inquiry as he may think fit, is satisfied that such’ person is lipble'to pay compensation, : may direct that compensation of such amount, not exceeding one thousand | i rupees, as he may determine, ‘be paid by such Person to, the Board. i
2. (3) The amount of compensation directed ty be: paid under sub-séction : (2), shall, if it be not paid forthwith, be Foverad as if it were a fing imposed by the Magistrate on such person. (i ORR pe 133. Punishment for acquiring share or “interest ins contract, etc., with’ the Fi Board,—If any member, or any officer or subordihate fof the Board acquires, +» directly or indirectly, by himself or by any ‘partner, employétior “i employee, otherwise than as such member, officdr orisubordinate, any share. | fib or interest inany contract or employment witll, by or on behalf ofthe »if I § Board (not boing a share or intérest which, ‘unidel seation 7, 16k pormidghle jaran for a member to have without being thereby disqualified for being appginted © 17 a member) he shall be deeined to have’ committed thy offénce made puttisha i [1 1 able by section 168 of the Indian Penal Code. (Clentral Act 45.of 1860011 ¢ i Hi 134. Procedure.—(1) No court shall take cognizalice of any offence fin punishable under. this’ Act or'-any rule lor regulation made theveuhdér “7 5 op wless complaint of such offence is made within six;months. next-aftetithe "*]0, commission thercof. EE RR hg
3. (2) No court inferior to that of ‘a Magistrate off the first class shall'try © | any offence punishable under this’ Act, ¥ nt fi En | *3741580/2019/0S-HOUSING : Ce i 7 135. Duty of Police Qfficers.—It shall be tlic duly of-every. police offiget— .. q (a) to co-operate with the Secretary for carsying into effect and. cnforeing the provisions of this Act or any rule made therounder j ©, - el i (b) to communicate without delay to the proper.officer or subordinate. ;* i of the Board any information which he receives of a design tp. commit or. of i; pd the commission of any offence against this Act or any-rule made thereunder; © ~ and i ; 2k Vie 7 Sad (¢) to assist the Secretary or any officer or subordinate of the Boavd 5 reasonably demas ding his aid for the. Tawful - exercise of any. powoeyr vesting we in the Secretary or in such oflicer or subordinate under this Act. or any rule ~ made thereunder, 3 HR 2 136. drrest of offendersi—-(1) Any police: officor not below: the rank oft Blite : head constable may arrest any person whd commits in his presence uiiy | N offence against this Act or any rule or regulition made thereundoty if (he! 4 naz ¢ or address of such person be unknown to him, ‘and if*such * person on 2 Le { demand declines to give his name or addrent bis [gives a name or “address i which such officer has reason to’ believe to bel false, a RE bg (2) No person so arrested shall be: dethived in oustody: “after big duos) fi name and address are ascertained, or for any lotige time thaivis heaskar iki #0 for bringing him before a’ Magistrate, Inino dase shall such detent potal f wenty-fow hows from the time of arrest without the order of a Maglsteater: iii: ; 87. Powers of Sucretary ‘as to-thstitution: colposlion’ ete, of lngal frocegdiigs ; and obtaining legal advice ~The Secretary may, subject to the'contrbliof: the i: 7 Board,— A i i i i Vo snl A ¢ (a) institute, defend’ or withdraw froth logal proceedings wider this” i Act or any rules or regulations made thereuntler | Se RAR Ae | (b) rompotnd any offence against: this| Act or any rules or efapo ifihees : made thereunder which,” under ay law: fox the time: being:it); force, brian hid ie fi rule preseribed By the Government,” may{lawhully} be, compounded J; P< i § (¢) admit; lcomprosise ‘of withdrat, ny: lain made yndoyithiseAst Jit or any rules or regulations shade thereunder lands ©" Hh Sie Ray ol (d) obtain puch icgal advice.and \assisthrice] ashe JER ET tit i time, tliink it necassary or expediont to lobtai, offas ey betenixeibul didlini Board to obtain, for afty of the purpoie eich cdito; im the Hhigealbged abe fh 3 of this section, or for scduring the Inwlul exerdiso or discharge ofiany; powet. (| : or duty vested in or-imposed pon the Board pr asty officer ox bubprdinatd 1:

of the Board, ! {3 RIA Ws MD es

i talk | $ 4 Ven GRATE FREE HE 188. Protection|of action taken in‘good.fiithieh-Nojsuic, prosdoutionia othes. 111 legal proceeding shall lie against the: Goverrimet, ‘thio* Dose or pri ond; ial mittee thereof or any difger or:servant of tht] Government orany- offiody dit il i subordinate.of thelBoaxd for, anything whichids i good ‘faith: dofio:on fife {151 ded to be done in purshande bf this'Act or'*hny irult of cosplay md ior

• • thereunder. |e PE EEE s4/66l/B. | sR : ; 3741580/2019/0S-HOUSING : 50

the Board, or any, member, ox any officer, or subordinate of he Board, or i any person acting under the diregiy in of ithe Board on of Ghairthan or of any

"offfcer or subordinate of the Board|in’ respect of any act donelor intendel to{be done under this Act or shy Ie oriregulation made; thereunder, until th Cerio of sixty days next, dite written notice has‘becr| delivered or left 4} the Board’sioffice ar'thelplids of abode: of such member, officer, sub- orflinate or person, stating en ic of action, the name and place of abode of the ‘Intending plaintiff antl the. velick. which he clajins, and the plaiat i must. contain a statement that{such natice has been so delivered ov left.

40. Proof of consent, stc., ¥ or or Ghairman or Officer ar’ subordmale of o the Board.—Whenever, under thik. Act or any rule ‘or regulation made thereunder, the doing or the gmission to do anything or the validity of any- thing depends pon the hls anction, consent, congurrence, declar- v tipn,' opinion or satisfaction of== |’

1. (a) the Board ox the Chairshan, or:
2. (b) any officer or subordi iate! of the Board, a written document signed incase (a) by the. Ghairmiii, and in case (b) by the said officer or diner conveying or setting forth such approval, suwaction, consent, concurrance; declaration; bition hi satisfaction, shall be sufficient evidence of. such approval, sanction, ¢onsqnt, concurrence, declaration, opinina or satisfaction; i : . 141, Power of Seerelury to directiremoval of unauthorised erections, ele., within sfraet aligpment, ele—(1) The Secrdrary may, by a written siotice, require the owner for the time-being of the willl or building referred 1 in section 129, 5; to stop further work on uch wall pr building and to alter o» demolish the same In such manner and within sf time as may be specified i the notice (2). Where the alteration or idemolition directed by any such iio tic is not carried out ay divected ~ therein, the Secretary may cause tie wall oi Building or'partion thercof to be altered of demolished, ‘as the case way ie, and he may recover the expense incukred jn so doing fom the owier for ty . time being, in such’ manner as may be, prescribed. 142, Genaral power of thé. Board lo pay compensation.—Dn any case not othe: wise. expressly provided - for in “this ‘Act, the Board ‘may pay reasonable v campensation’to any, person, who. sustains damage hy reason of the exercise ‘of.any af’the . powers “vested hy. or ‘under: this Act. in the Board or the p Ghairman oriany officer or subordinate of. tlie. Boag, g 2 “143. Pyblio notices how fo be made known:—Bvery publicnotice given under this Act or any rule or regulation made thereunder shall be in writing over = sthe . signature of the Secretary, and shall be widely - made kiown in the Togality to be affected “thereby, by affixing copics. thereof in couspiguous 1 public places within the gaid “locality, "or by publishing the same by beat of drum or hy Advertisement in "leading daily his afd by any: other means the Secretary may think fit; Evory' sell notice shall wlso be published by affixture bi the notice hoard of the Bodrd’s Office or sub-office. = 205 3741580/2019/0S-HOUSING . % 4k, Newspapers in winch advertisement or notice is to be published. —Whenever i itis provided by this Act or any rule of regulation made thereunder that i netice shall be given by advertisement in leading daily newspapers, or thata is notification or any information shall be published in leading daily newspapers Rk fis such notice; notification or information shall be ingerted, if practicable, in culyi ab least-one English daily newspapet and two daily newspapers ptiblished in SL thicldeal language of the area having circulatioit in such area, ; Cog 1 Stamping siknalirs ‘on holies o# bills Livery. notice or bill, which is Lah" required by this Act or by Any rile ot regulation made thereunder to bear © 0s thesignatire of the Secretary of any othor member or of any officer or sub- : i ordinate of the Board, sliall be “deenied to be properly signed if it bears a J ih facsimilelof the signatute ofthe} Secretary or of such other member or of DUE such offlger or subordinate, ‘as the case may be, stamped thereupon. th iy : Bie LE Ab. Service ow lo be ¢ffectéd.~» Whi any notice, bill or other document {ag 1s required by this Act of ‘any rule or regulation made thereunder to be © served por or ssid or preseiiled to any person, such service; issue orpre- jo setation shall be ditbotedes | Co ! (a): By giving of terideving such document to stich person jor A , i 1+(b). dC such’ porson is'not found, by leaving such document at his Jast known place!of abode, or by giving or tendering thesame to ‘some adult oh ments of bis family ; or i! : £4 Jos (¢). Aft his address elsewherdiis known, by forwarding such document ¥ to fim by registéred post under cover bearing the said address ; or s 3 3 | + (d) if none of the means aforesaid be available, by causing a copy of such document to be affixed on some conspicuous part of the building or lasld, |{F any; to which he: document relates. £ i holed oh ATES CY) ‘Power tipiake sisi or tonltibute towards their cojt.—The Board may— i Ml (a). cause the survey of any land to be made, whenever it considers | ig that asurvey is recessary ot expedient [or carrying out any of the purposes Ta £of [this Act jor 1: Fano ly i contidfute towards the tost of any such survey made by any other “ie ocalthority, © He Ss Ea Powis of entry.(1) Thi Secretary or any porson cither generally “a or pettally authorised” hy the Scerétary in this behalf may, with or without ha Ta tants; or workmen, enter into ‘or upon any land, in order— Fn ETE (a) 60 make: any inspection, survey, measurement, valuation or wml bee i 4h ” Telnet HB) to take levels’ i : : ER (6): to. dig or bore firto. the siibsoil ; . i Cowan ef (d) to'set out boundaries and intended lines of. work ; Ta er De ol CEN ol aN | SBE DET BREE, : : : Shee ti i 2 rl ) . / [| ee 3741580/2019/0S-HOUSING 52 EE i (¢) 10 do uy other thing whenever it is necossary to do so for any co the purposes of this Act oy any vale or regulation’ made or schemiel’ sanctioned thereunder or any scheme which, the Board inténds to framé therbunder:— i Bs Eat 3 Provided thap— ; FEE ny URI ee So (a) no such entryshall ‘be made betwen. sunset and ssaneises «igo i hi : Rp aatindiien Line Simao YH REX ASIN
3. (b) no dwelling House, and no public-huildinglor hut which tisused as a dwelling place, * shall be vo entered, expept ith he io sen fof ti calisgies ++ occupier thergol, without giving the said occupigr at lest twontyefour, hours. [7 previous written notice of the intention to makg such-{iehmy il! SAT i) i (¢) ‘sufficient notice shall, in covery instance, ba'glvpiisevan lien any. | premises may otherwise be entered without ntiee, fo”enghle the inmatésiof 7 any apartment appropriated to women (0 remove themselyes to" sopde part . of the promises where theiv privacy will nat he distisbed; wf 40000 4
4. (d) due regard shall always be had, so far as may; be compatipleith 4 5 + the exigencies; of the purpose for which the entry. is guy oi. 10. the sogial, and: fy religious usage of the occupants of the premises éhtered, 1 Nad doh

1. (2) Whendver: the Secretary, or a person'authorised urider 'shbisegtion’
2. (1) caters into quiupon. any land in: pursuance| of thatisulygectiony he shall: 1: at the time of such entry, pay or tender payimdnt 1or/all nécessay daniage 13 to he dong a3 aforesaid; and, in case or dispute as tothe sufficiency: of the. | apount so, paid ov tenclenod, he shall at once refer the dispute ro-the Board, LER whose. decision shall” be final, i “ LUNE ART : Carper XIV 0° 2 ; MISCELLANEOUS : 149. Powers of the Board for fucilitating movement of “the : population; With a view 0 facilitating the movement of the population in and around any — ./ b city, town or village, the Board may, from time to time,—
3. (1) subject to any condition it may” think * fit 0 impose,— on 2
   • (a) guatantee the payment from the fands as its. disposal of such sums © as it may think fe, by way ol interest on capital expenditureon the constyuc- tion maintenance or working of any means of locomotion ; or A * :(b). make; such payments as it may think ft front: the said funds, by . © | way of subsidy fo persons undertaking to” provide, maintain and work any means. of locomotion ; or } 7
4. (2) either singly or in combination with any other person, constructs, 2 maintain and, work any means of locomotion, under the provisions of ‘any lin applicable ‘thereto; or :
5. (3) construct or widen, swengthen or otherwise improve bridges : Trovided: that no guarantee or:subsidy shall be made under clause (1) and no means of locomotion shall be constructed, ‘maintained or worked under clause (2), without the sanction of the Government, 3741580/2019/0S-HOUSING . 150. The Chairman, members, officers and subordinates of the Board Committees and Tribunalidsemed to be public servents.-—The Chairman, the members, officers and subordinates of the Board, the members of committees, the Tribunal and all other persons entrusted with the exccution of any [functions under this Act, shall be. deemed, whet acting or purporting to. act in pursuance ofany of the provisions of this Act, to Ie public servants within the meaning of “section 21, of the Indian Penal Code (Central Act 45 of 1860) «L181. Contributions by Board towards leave allowances and pensions of officers and servants of the Central or Stale Government employed under- this Act. —The
   • • Board shall be liable to pay such constribution [or the leave salary, pension OF provident funid of ‘arty officer or servant of the Central or State Govern- ment émployed as an office pr subordinate of the Board, or as the Tribunal "or as.an’ “cer or subordingte. of the Tribunal, as the case may be, as may be reqliiredd by the canditions of this service under’ the Central or Slate Governiinent: fo be paid by him of on his behalf, : 152. Boyd and: Chairman lo exersise oerlain powers and functions under the pon Plaming Aet—In any drea in respect of which a housing or improvement . scheme is in force, the Government: may, by notification in the Gazette, declared that from, sich date as may be specified therein, the powers and funcfions exercisable by a lotal autliority or its executive authority under the law eluting to town. Aline for te time heing in force in the State shall = not hegxerdised by'it and that best to such réstrjctions, and modifications, ++ if anp, as maylbe'specified in thd Hotification, such powers and functions shall{be’ exateised by the Boarl or. th Ghairtaan, as the case may he, 153) || Board:and Bashi to exercise pownrs and functions of local authrority and executive authority tin any arch in rdspect of which a Housing of improve ment eaherio 1s ioe ihe Government may by notification in the Gazette doclate that for. th petiodsdalting. Jhich such: schemg semains in force and + subjegt 'to such restrictions and modi ications, if any, asinay be specified in “+ the phiifiontion,. the powers and fundtions exercisable by a local authority or ts execiltive aithority under the enaétnient constituting such local authorit shall be weieised by tho Board orthe Chairman, of any person ne i “iby the haittianas the dasc,may! he, 5 : : o ABEL Supply of dntinants and information to the Government.—The Secretar; ; + shall, yf Adi Government forward to them a copy of all i Ed pp wfiloh fwdr laid before the Board: for consideration af any meeting and + furhishially tetudn, . |statonent, - estimbiies, statistics or other information Fegarding) any matter under the control of the Board a report of any such : miaftepfapd 4. copy of any dociiments in charge of the, Scerctary, g 5 A185. [Sdbmission of adwiinisivation teport to Governmenl.—(1) As soon as. ~+ may boaftet the first day of ~ April in pvery year and not later than such ‘1 datgas|may be fiked | by; the (Government he Board; shall submit to the Géyetmdnt a detailed report of the administration - during. the preceeding © year ith suchidorm as the Government may direct, ns hit ! hs 54 208 -3741580/2019/0S-HOUSING
6. (2) The Chairman shall prepare such report and the Beard shall consider the report and forward the same to the Government with its | | vesolution thercon if any. . i A 14 CABG. Padi of < Gaverriuiait . a give. ATEalions 1a, ThE. Bond tind Stdsals | authorities ml) The Government may give the Boapd sugh directions as in. | |“ «their opinion ave necessary or, expedient for carrying out::the: purposes of i |. 7 this Act, alter giving an opportunity to the Board to state is . objections, if" ; any, to such directions and after. considering the said objggtions 5 and jt shall © | & thereupon be the duty of the Board to comply with such directions, i 9 : d a. Le gs {kd pe : wo
7. (2) The Governmerit may given any local-aythorlty duel dirgetipns as cg in theirlopinion arc necessary or expedient for enabling the Board. to cary "|." ~out" the purposes of this Act, alter giving an opperiinityto the dogal” autho- - rity concencd to state its objections; if.any, to. such directions: rand-after. | i)
   • • considering the said objections and jt shall thereupo the duty of the | fi local authority to comply with such. directions, i. 5 Lgl EL a PALS : i a RR “157. Supersession of the Board, ~~(1) If the Government are’ of opinion | 14 ‘that the Board is unable to perform, or has peisifently nade default inthe =). - performance of the duty imposed on it by or under this Actor has:exceeded or abused its powers, they may, by notification (in the "Gazette; supersedes 0. ‘the Board for such period as may be specified in the notification i! 77%" - ! 3 y: Provided that before issuing a notification under this sub-section; the Government shall by notice, require the. Board (0 show causo within such u period as-may be specified in the notice. why it should nat be superseded and: * shall consider the explanations and objections if any, of the Board: 5
8. (2) Upon the publication of a notification’ under syh-section’ (1) £4 » superseding the Board— Fa =) i @ the Chairman and all the otlier members of the Board ‘shall gy: as from the date of supersession, vacate their offices as such; : 3 ® all the powers and duties which may, by or under - the provi: E $ sions of this Act, ‘be exercised or performed by or on behalf of the Boatd and the Chairman, shall, during "the period.of supersession;. be exercised ‘and: . performed by such authority or'person as the Government may direct 3 "(¢) all finds and other property vested in the Board "shall during 2 the period of supersession, vest in the authority or person referred to in clause (b) ; and . 3 Sa (d): all liabilities’ “legally subsisting and’ enforceable: aginst ‘the: . Board shall he enforceable : against the authority * or: person: refered’ to:in : 4 clause (b) to theextent of the: funds and properties. vested in itor himp ¢* "| i 55 209 3741580/2019/0S-HOUSING
9. (3) On the expiration. of the period of: supersession specified in thg notification jssued under sub-seqtion (1), the Government may, — | (a) extend the period of supersession for such further period as they may consider necessary ; or 5 : {+ (b) «reconstitute the Board in the manner provided in section 4. © 188, Dissolution of the Boardi—(1) IC the ‘Government for any F reasons are of opinion that it‘is not!ngeessary to continue. the Board, they _. wmay, by notification in the Gazette dissolve the Board from such date as i mgy be specified in the notification, ) i :
10. (2) Upon the publication. lof a notification under sub-section (1) «~ dissolving the Board, — of fain j
    • (a) ithe Chairman and alljthe other members of the Board shall, as from, the date of dissolution, 'vadate: their offices as such :
    • (b) .all the powers and duties which may, by or under the provisions of this Act, be exercised and performed, by or on behalfof'the Board and the { +." Chairman. shall, as from the {dat tof dissolution, be exercised and per- + formed by the Goyernment oy such authority or person as they may appoint in this ‘behalf ; a |
    • (c) “all funds und other property vested in the Board shall vest © inthe Government; and | 3 (d) all liabilities legally sisting and onlorceable against the Board shall be enforceable against the Government to the extent of, the funds and properties vested in. them, :
      • • (3) Nothing in this’section shall affect the liability of the Government in-respeot of debentures guaranteed under section 93. 159. The Board -to ‘be ‘a local authoiity. under the Kerala Land Acquisition Act and the Kerala Local Authorrties Loans Act.—The Board shall be deemed to he a local authority for the purposes of the Kerala Land . Acquisition Act, 1961 (21 of 1962)-and the Kerala Local Authorities Loans Act, 1963 (30 of 1963), \ © 160. Power to remove difflculties,—(1) If any difliculty arises in + giving effect to the provisions of this ‘Act, the Government may, as occasion may require, by oyder, do anything "not inconsistent with = the provisions of this which appears to, them xecessary or proper [or the purpose of removing the difficulty. | " (2) Every order issued under sub-section (1) shall be laid as soon as may be after itis issued before the Legislative = Assembly while it is in session for a total period of fourteen days which may be’ comprised in one session or in two successive sessions and if before the expiry of the gossion in which itis so laid or the session immediately following, the . Legislative Assembly makes any modification in the order or decides that the order should not be issued the order shall thereafter have effect only 3741580/2019/0S-HOUSING 56 i ) in such modifi:d form or be ofno cffest, as the case may; so however that any such modification or annulment shall be . without, prejudice. to (he validity of anything done under that order. "Craver NV rs 3 : \ . ) RULES AND REGULATIONS . i # «AGL. Power to make rales. —(1) The Government may make rules for: 5 Fe the purpose of carrying into effect the provisions of this Act. : (2) In particular, and without prejudice to the. gengrality of) the “foregoing power, such rules nay provide for; : i $
11. (1) all matters expressly required or allgwed by “this Act tobe | prescribed ; Loa ! b © (h) the accounts to bo maintained by ith Board; Fan foes (¢) the allowances of non-official members of the Board” pr of ;

Jany Cononitlee ; IF ¥ fk sg

() the eotacus, statements, reports and agcounts tobe siibiitied. £ to the Government by the Board ; Lt A ps (¢) the mutual relationship of the Board and. other 1dcal authorities fea in any matter in which they are jointly interes: tod ¢ bn en :

1. (0) the fees payable for copins of, or cxtradts from, lth assessment. ary books of the local authoitios concernod furnished to Ithe 'Socrptaty ; Ee
2. (8) the guidance of the Board and public officers in eatrying ot pak the purposes of this Act! [ - a BEE ic % t i fo nS a Bb (©) All rules made under this Act shall bo publifhed: in the Garter 1, 1+ © and, unless they are expressed to’ come into forde. on a particulat, day, i A shall come into” force onj the day, on which they fare, so. published ES LA {ie ’ : ’ Fo El ie sa
3. (1) Bvery rulo made under subseétion! (1 shal Ho bid dsisobii Cri i 3 may be after it is made, before: the - Leglslatiy “Assontbly ‘while ie Tis | Hn nsession for a total pariod of fourteen days Whit ti ritay bo’ comprised i+ Hf! \ Rone sision or in wwoi successive sossions, and if befor ithe. btpimyigtl ph ER lie session. in which it isso laid; or the shsbion | im ediaiely ip) bl HE he Legislative Assembly imakes, any. viodification: it thie ru 60x: degid, it en is ot lat. the: sule should notibe issued the tule {shalll thereafter: have effedel © 1 lai nly in such modified form or’ be’ of no clluct, ast tho ease + mag: ho taoy ill weer thal any such modification on annilmett:: shall ‘hs Withouhs + all Mi rejudice to. the validity of anything done untlor that ule, <8 0 HEE alin ERE RO a 3741580/2019/0S-HOUSING 57 162, Pauli £6 make regulations, (1). ‘The Board ning, by notification in the Gazette ‘make regulations not inconsistent with this Act and the rules i nade thereunder, for the purpose Of giving effect ‘to the provisions of ithis Acts | oo Ti[provided that the végulations [relating to pensions may be made fac) {thet niaectively or retrospectiyely.] Yoder (2) 1inl particular, and wifhout prejudice 10. the generality of the Bi forgoing | power, such regulations ‘may provide for— coh i: (a) all matters express] required or allowed by this Act to be iss prescribed hy regulations ji : oo (Bb): the association: pf flersons with the Board under ‘section 25 ; +(e); the ‘appointment’, ‘off persons to be members of committees
   • • undersection 26 3 id
4. (4) the delegation 1of powers or duties of the Board to the i commifteas ‘or to the Chairman ¢ + (6) the duties and conduct of officers and subordinates of the .. ‘Board and of other persons’ loyed ‘hy the Board under this Act for © eartylng ‘ot’ any of the purposes "of this: Act ; 5 .(f) : the welfare ancl recreation of the staff of the Board and the contributions to be made ther¢fore ;
5. (8) the fees payable .for the copies of documents, estimates and ! _*.. plans furnished by any of its officers and subordinates under this Act; ai) o the management, veservagion in allotment, use and regulation of dwellings and plots under any housing: ov improvement scheme ;
   • (I) the efficient conduct of the affuirs of the Board.
6. (3) No regulation or its cancellation or modification shall have effect until the same shall have been approved dnd confirmed by the Government. M 4 Cuarrzr NVI “SAVINGS ) 5 . 163. Savings. Notwithstanding the expiry of the Kerala Stat: Housing . Board Ordinance, 1970 (24 of 1970),~
   • (a) anything done or any- action taken in exercise of any powers conterred by or under the said Ordinance: shall be deemend to hive been
     • • done or taken ‘in exercise of the powsrs conferred by or under ti: corres- ponding provision of this Act; 2
   • (b) anything dope or any action taken after such expiry and before = the date of publication of this Act in the Gazette which could have heen + done or taken under the said Ordinance if it had not expired, shali he deemed to have been done or taken under this Act; or TT TAdded by section 3 of Act 4 of 1991, = TTT hl B741580/2019/0S-HOUSING Log . [5 J i: 58 & (c) any investigation, legal proceeding or remedy which could . i have been instituted, continued or enforced under the, said Ordinance jf it* £: bad not expired, may be instituted, continued of enforced under the corte- i sponding provision of this Act, Bot 5; (2) The expiry of the Kerala State Housing Board Ordinance’ 1970, SF, shall not— FE, en ALTE : ies fa) affect any right, privilege, obligation or lability: acquired, |." 8 J. i; accrued or incurred under the said Ordinances, ov) 5, 5 i SEE £ i Hi 0 Sa) ASE aboot aang Tet He <(b) affect any penalty or punishment: incurred in respect of mny' \s hy offence committed under the suid Ordinance or, [gi vida indin ir oe (c) allect any investigation, legal proceciingd bi reriedy in, respect a i of any such right, privilege, obligation, “liability, penalty, of punishrient - “1 i and any such mvestigation, ‘legal proceeding ‘or remedy may. be ‘instituted, it. continued ov enforced, and any such "penalty or: pultishmenit maybe: # imposed under the provisions of this Act. REN 4 E (3) Notwithstanding anything contained in this “Act; nor person shall Fir 2 be convicted of any offence under this Act for Having committed. the satne if i alter the 22nd April, 1971, and before the date bf. publication of: this: Ad ff in the Gazette. . : 3 li Son Bibi ES fi & | i Hoi yl Te § y Be lei hi i ! < Leino | {i Pad a i tik [3 bog ami re Ee i ) ET Ro in ee ai = ; ; J ot i fi i dy We ed Ea i { i fi : > {rg soli ER i & Oe Be £ EE 3 : pel a EL a TE & Hol GRR # y ; wT ie pe TE 3 ¥ fA ERA PES Ra KL SAE SRT Hs : 1 Soy Cpe A ER HI i an jes ee (IF REE OR a Ba ie SE ee sae adh ai io : Ue El ea v Ho [Eli en is , 3 WE eR Be se a 8 i iE of TE TE BO et SAE eT rae TR : RRR LR Od Lo le ee BR BE be { MEE te oh ER ed ¥ RE RELERA rE Coe SR De SR Sah LR i ; i REE ML CRS eS le ERE