The Kerala State Housing Board Act 1971

3741A880/72015/05-HOUSING co db {68 SI. Rc: Els x SE J : ¥ GOVERNMENT OF KiRALA iY 3 ? : i : i 5 1 : LITO i 4 LAW DEPARTMENT 55 pay LL TA ; iA SOTHIE KERALA STATE HOUSING BOARD ACT GU ERE yey ai Rast 5 i! HEA fad ol Chihedil (ACY 19 OF 1971) shale a : Wo Gia pn Government of Kerala a g ; ri y 1992! i 4 PRINTHS BY TES. GL 1. AT TTI GOVERMENT PRESS, To | FIARUYANAN VHAPTIRAM, 1102, ;

3741580/2019/0S-HOUSING GOVERNMENT OF KERALA Law Departinent = NOTIFICATION Ed No! 3080/D-1/71/Law, Dated, Trivandrum, 16th June 1971] i 2 26th Jyaistha 1893, ion The following Act of the Kerala State Legislature is hereby published A for general information. The Bill as passed by the Legislative Assembly received the assent of the President on the 13th day of June, 1971. i he Jn By order of the Governor, P. GorALAKrISHNA Warrier, Law Secretary. ACT 19 OF 1971 2 THE KERALA STATE HOUSING BOARD ACT, 1971 Aun Act to provide for the organised direction and planning in the preparation B and execution of housing and improvement schemes and for the establishment of a State Housing Board in the State of Kerala,

Preamble:—Wneruas it is expedient to provide for the organised direction and planning in the preparation and execution of housing and improvement schemes and for the establishment of a State Housing Board

H in the State of Kerala ; Be it enacted in the Twenty-sccond Year of the Republic of India 5 as follows :— & Cuarrer | il, ? PRELIMINARY Cin ’ Ali ; =H 1. Short titley extent and commencement.—(1) This Act’ may be 4 called the Kerala State Housing Board Act, 1971. 2 (2) Itexiends to the whole of the State of Kerala, 3

1. (3) It shall be deemed to have come into force in the Trivandrum Taluk in Trivandrum District on the 5th day of March, 1971, : and in the remaining arcas in the state it shall come into force on such date as the Government ma, by notification in the Gazette, appoint ; and different dates may be appointed for different areas. ) 2. Definitions—In this Act, unless the contéxt otherwise requires, — (1). “betterment fee” means the fee declared to be payable under section 747i respect of an increase in Lhe value of land resulting {rom the cxccution of a housing or improvement scheme ; . 34/661/B. i :

3741580/2019/0S-HOUSING *

1. (2) “Board” means the Kerala State Housing Board constituved under seetion ok "
2. (3) “tBourd promises” neans any premises belonging to, or vesting J in, the Bowrd or taken on lease by the Board or any premises which is entrusted to, or in the possession or control of, the Board or the purposes | | ol this Act; W 3 bi
3. (4) “Chaivman’ means the Ghaivinan of the Board ; ji 5
4. (5) “Committee” means any committee appointed under section 26; + [4
5. (6) “Competent authority” means ay person or authority authorise |? by the Goverment by notification in the Gazette, to perform the | {functions of the competent authority under Chapter XI or such area as * » may be specified in the notification ;
6. (7) “Housing Board Engineer” means the Housing Board Engineer I! appointed under section 17 5 ,
7. (8) ‘Housing or improvement scheme” means a scheme framed under this Act and includes any of the types of schemes referped to in section 41 ; ©) land” includes benefits to avise out of land, and things attached (0 the earth or permanently fastened to anything attached to the carth ;
8. (10) Sembee” geans a member of the Board ; y
9. (11) “premises” weans any land or building or part of a building and includes—
   • (i) the garden, grounds and out-houses if any, appurtaining to such = building or put of a building ; and
   • (ii) any lictings affixed 0 such building or part of a building for S the more beneficial enjoyinent thereof §
10. (12) “Prescribed” means prescribed. by rules made under this Acts - , (13) “regulations” means the regulations made under this Act;
11. (14) “rules” means the rules made under this Act ; "
12. (15) “Scheduled Castes” or “Scheduled Tribes shall have the same weaning as in the Constitution of India ; 1
13. (16) “secretary” aueans the Secretary of the Bouyd ;
14. (17) “State” means the State of Kerala ; *
15. (18) Lribunal” means the Tribunal constituted under section 80 ;
16. (19) “year” means the financial year ; 2 Caarrer 11 bi CONSTITUTION OF THE BOARD : 35 Creation and incorporation of the Board —The duty of carrying out the provisions of this Act shall, subject to the restrictions, conditions: and jmitations therein contained, be vested in a Board to be-called “The Kerala State Housing Board”; and such "Board shall be a body corporate and have perpectual succession and a common seal, and shall by the said name sue and be sued 3741580/2019/0S-HOUSING . 3 : , 4< Constitution of the Board ~The Board shall consist ol a Chairman ‘who shall be & non-official appointed by the “Government and of the following. other membors, that is to say,— 2, (a) - Housing Commissioner to the Government, exofficio, who shall Ate bg also be the Secretary of the Board, al (b) four officials to he “appointed by the Government, and AALS (¢) nine non-officials’ to be nominated by the Government, one of ip whom shall pe: an Engineer: ord Architect who posesses Be experience in housing and who is not employed by the wey Government or local ‘authority or a Clorporation owned ot controlled . ‘by the Government “of whom. at least two Et shall bo persons belonging to. Scheduled Castes or : Scheduled Tribes, ) N 75 5i Appointment of: the Chairman and the menthers lo be notified. —The i i appointment of the Chairman and the members. shall be notified in the Gazette), NE | 6. The lerm of Office of the: Chairman and, menibers of the Board.-— why ob [#(1) "The Chairman and the membets of the Board shall hold 5 ice. during fhe pleasure of the ‘Government i: ; | provitled - that the term: of office of the ;Cliaitman appointed. under re boction 4 ora member. notnindied under clause (£): of the said section 3 hall, ttn gry case exéeed tliree years from the. date of his appointment in -oninominatiori, as the. case/ma; be] . 3 Li (8). The - Chairman or] any nominated, member may resign his oa Shiprianship or membership, by giving notice inwriting to the Government fa Si shall continue in office ni his resignation is accepted by the Seas derinant | 2 3 Sa Nari Disgaea tiglforiuppointinent as iembir if the Board.—(1) A person WoT die disaialificd [for being appointed ‘as dnd for being, a member ee Highe oard; if he © i i § : yim] LT (a) thas been convicted, by ‘a’ criminal | court for any offence oR | HA involving: moral delinquency and sentenced to imprisonment gi al EL en 7 3 Tonia period of ot logs “than twoyears, and a period of Sal EE ve years Thad Tot elapsed from the date of [expiry of the | lat EN period: of sentence ; ¥ 1 Gi i ! PHY is an unidiseharged Dinsolvent; or ¥ i # (6) 8 of unsounclimind ; or Sha a i 1 a: isi an officer ofssubbrdinate under the Board ; or 5 | ¢) has directly or, indirectly, by himself. or by any. partner, i fod employer or. dmploy, any share ‘or: interest in any contract 2 py Lo exiploymehit with, ly ‘ér on’ behalf of, the Board 3 or fl (6) i aldiractor ora secretary, ‘manager, or other officer of any ! iricorporated company which has any share or intersst in any v Lou contract; or employment with, by of on behall of the Board. {1 substiintéd by Seotion 2 of Act 10 of 1988, Ll 158 ) 4 {> 3741580/2019/0S-HOUSING : Bd
17. (2) <A person shall not, however be disqualified under clause: (e) dr clause (f) of sub-section: (1) or be deemed to have any share qr intefest fn’: any contract or employment within the meaning of those clauses; by reasdn’ only of his, or the incorporated company of which he ‘is a direator, Seeretary, 5 manager or their officer, having a share or interest ins $s ed Poi fly,
    • (i) any sale, purchase, lease or: exchange of: immovable property [i
      • • orauy agreement for the same ; or ; Pw oa id A =
    • (ii) any agreement for the:lodn of -money: or any seeiivlty for. oe ean payment of ‘money only ; or RR EA WS
    • (iii) any newspaper in which any advertisement “relating. (oth | , affairs of the Board is inserted ; or’. Bg Fini oy
    • (iv) the occasional sale to the Board, fo a. value not exceeding twa thousand rupees in any one year, of any article in: which: he +. or the incorporated company: regularly trades, ey gal
18. (3) A person shall not also be disqualified under’ clause (c) ot clush w=
    • (tf) of sub-section (1) or be deemed to have any, sas or interestin any | , incorporated company which has any shave op | ingeréditin any qonfract op |. : cmployment with, by or on behalf of, the Board; by refifon only of his being il & share-holder of such company Het ThE gE he Provided that such person discloses to ‘the Government. the: nature andi i oxtent of the shaves held by: him. . {hay AEA a Ty ih Fs Liplanation.—For the purposes of clause “(d)of Jibections (0) Uther ok Chaivman and the Secretary shall not be deemediito’ be Offigers ope wi subordinates of the Board, d ECE Rat EE SHE is 3

The Chairman shall be paid such honorarium and allowances as may be fixed by the Government.

Provided that a servant of the Central or State Government or of a local authority whose services have been lent to the Board shall not be punished except by an authority which would have been competent to do so if his services were not so lent, but the Chairman of the Board shall be entitled to make an enquiry and report against such servant to such authority. (3) The Secretary may, pending enquiry, suspend any officer or servant of the Board: Provided that he shall forthwith report the matter to the authority competent to inflict punishment on such officer or servant under sub-section (2) if he is not, such authority. (4) Any Officer or servant of the Board who is aggrieved by an order passed under sub-section (2) or sub-section (3) may, within two months from the date of receipt by him of such order, appeal to the Chairman if the order is passed by the Secretary; and to the Government if the order is passed by the Board, and the Chairman of the Government as the case may be may pass such order on the appeal as he or they thinks or think fit. (5) The Board may either suo motu or on application, call for and examine the record of any order passed by the Chairman under sub-section (4) for the purpose of satisfying itself as to the correctness legality propriety or irregularity of such order and may pass such order with respect thereto as it thinks fit: Provided that no application for revision shall be entertained after the expiration of thirty days from the date on which the order sought to be revised was received by the applicant. (6) The Government may either suo motu or on application call for the record of any order passed by the Board under sub-section (5), and revise any such order and pass such order with respect thereto as they think fit: Provided that the application for review shall be entertained, after the expiration of thirty days from the date on which the order sought to be revised was received by the applicant.

Subject to the provisions of this Act, the Board may with the previous approval of the Government make regulations (a) fixing the salary and allowances of the Secretary Housing Board and any other officer or servant of the Board; (b) fixing the amount and nature of security to be furnished by any officer or servant from whom it may be deemed expedient to require security; (c) for regulating the grant of leave of absence, leave allowances and acting allowances to the officers and servants of the Board: Provided that a servant of the Central or State Government employed as an officer or servant of the Board shall not be entitled to leave allowances otherwise than as laid down in the conditions of his service under the Central or State Government; (d) for establishing and maintaining a provident fund, for any of the officers or subordinates other than experts or the servants of the State Government in respect of whom the Board is required under section 151 to subscribe to the fund at such rate and subject to conditions as may be prescribed and for supplementing such subscriptions out of the funds of the Board; (e) for determining the conditions under which the officers and servants or any of them shall on retirement receive pensions or gratuities or compassionate allowances, and the amount of such pensions and compassionate allowances.

(1) Where the City Improvement Trust has established a provident fund or superannuation fund or any other like fund for the benefit of its employees and constituted a trust in respect thereof (hereinafter referred to as the existing trust), the moneys standing to the credit of any such fund on the appointed day, together with any other assets belonging to such fund shall, subject to the provisions of subsection (2), stand transferred to and vested in the Board on the appointed day, free from any such existing trust. (2) The Board shall, as soon as may be after the appointed day, constitute in respect of the moneys and other assets which are transferred to and vested in it under subsection (1), one or more trusts having objects similar to the objects of the existing trust as may be feasible. (3) Where all the moneys and other assets belonging to the existing trust are transferred to and vested in the Board under subsection (1), the trustees of such trust shall, as from the appointed day, be discharged from the trust, except as respects things done or omitted to be done before the appointed day.

(1) Every whole-time employee of the City Improvement Trust shall, on and from the appointed day, become an employee of the Board with such designation as the Board may determine, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions of service and with the same rights and privileges as to gratuity, if any, and other matters as he would have had if this Act had not been passed, and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the Board: Provided that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous sanction of the Government: Provided further that any service rendered by such employee before the constitution of the Board shall be deemed to be service rendered under the Board. (2) If any question arises as to whether any person was a whole-time employee of the City Improvement Trust immediately before the appointed day, the question shall be referred to the Government whose decision shall be final. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, the transfer of the services of any employee of the City Improvement Trust to the Board shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or other authority.

Explanation.- For the purposes of this section, the Government may, by notification in the Gazette specify such area surrounding or adjoining the area included in a housing or improvement scheme to be the adjoining area. (1) Any housing or improvement scheme shall be of one of the following types, or combination of any two or more such types, or of any special features thereof, that is to say, (a) a house accommodation scheme (i) for the poor sections of the people having an income not exceeding Rs. 2,000 per annum especially for scheduled castes and scheduled tribes, (ii) for others. (b) a rebuilding scheme (c) a rehousing or rehabilitation scheme (d) a city or town or village expansion scheme (e) a street scheme (f) a deferred street scheme (g) a land development scheme (h) a general improvement scheme (i) an office accommodation scheme (j) an educational institution accommodation scheme (k) a health institution accommodation scheme; and (l) a tourist accommodation scheme. (2) Notwithstanding anything contained in sub-section (1), the Board may, suo motu or at the instance of the Government, frame a scheme or schemes for the grant of loan advances to private individuals, local bodies or other organisations for housing purposes subject to such terms and conditions as may be laid down in the scheme or schemes: Provided that the terms and conditions of the schemes framed at the instance of the government shall be subject to their approval: Provided further that the provisions in section 50 to 57 shall not apply to the schemes framed under this sub-section.

The Board: shall: ropa and Wd maintain a schedule of establishment: before the Ist of SVEhy: of oye years be be showing the number, designations and grades of the offiersiand sublordifiates NEO od (other than the employees who are paid by the day or; whose pay: 8 charged. ip ta temporary work), whom it considers necessary” and PEORED “to. . cumploy for the purposes of this Act and also the amount and’ the patareoof the salary, fees and allowances:to be paid to each jue officer orsubordinate; deny A contributions payable: under ségtion 151 in respect of! gach officer and parvane as on the lst of April of the same year, ° Hasty SS ay a A

1. (1) The Board shall establish a housing unithd Ha LR is Fe)
   • (a) for the area comprising the city of Trivandrum and anylother ERD areas specified by the Government hy notification. ju the (eazetia, p by the name “The Trivandrum Housing Unit?" fr Wn ¥ ys
   • (b) for the area comprising the city of: Cochin and any other area: ; = ¥ . % specified by the Governaiant by notification in the Gazette; SRA el (¢) for the ages comprising the city of Calient’ and’ any; than: ©, 1g area pith; oi by ‘the. Government hy * notification {ink {13S it Gazette ; and + fi i Gi he Ag LU i
   • (d) with the approval of. the Government lor, any: other: Areal HEAL the efficient performance of ifs functions in that area, pid hh
2. (2) Every housing unit shall form part; of ‘the! establishmentyo thoy, cl Board ‘and shall consist of such officers ‘and servants ay’ nay heteon i erdidrleri ic (5 necessary by the Board. iy breve wR Ro
3. (3) Every housing. unit shall'be in charge of an office whasshall be 0" is under the administrative. control of the Chairman, and shall also, éxercise such 2" 0 powers and perform such duties and. functions, as may’ be delegated oshimit oD by the Chairman under section 22... SLA CE ri

(1) The Chairman shall have supervision and control over the acts and proceedings of all officers and subordinates of the Board. (2) The Chairman may by general or special order in writing delegate to any officer of the Board, any of his powers, duties or functions under this Act or any rules or regulations made there under except those under sections 24, 94, 105 and 140. (3) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (2) shall be subject to such restrictions and limitations as may be imposed by the Chairman, and shall also be subject to his control and revision.

(1) The Board may from time to time, appoint committees consisting of such number of persons as it may think fit for the purpose of discharging such duties or performing such functions, and on such terms and conditions as may be prescribed by regulations. (2) The Chairman or such other person as he may nominate in this behalf shall be the president of the committee and the committee shall observe such rules of procedure in regard to transactions of business at its meetings as may be prescribed by regulations. (3) All proceedings of the committee shall be subject to confirmation by the Board.

(1) A member or person associated with the Board or a member of any committee who (a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (1) of section 7 in respect of any matter, or (b) has acted professionally in relation to any matter, or on behalf of any person having therein any such share or interest as aforesaid; shall not vote or take part in any proceeding of the Board or any committee relating to such matter. (2) If any member or any person associated with the Board under section 25 or any member of a committee appointed under section 26 has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any housing or improvement scheme framed under this Act or in an area in which it is proposed to acquire land for any of the purposes of this Act: (i) he shall at a meeting relating to such area, of the Board or any committee, inform the person presiding of the nature of such interest; and (ii) he shall not take part in any proceeding relating to such area at a meeting of the Board or any committee.

The Chairman may in cases of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Board and the immediate execution or doing of which is, in his opinion necessary for the service or safety of the public and may also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board: Provided that— (a) he shall not act under this section in contravention of any direction of the Board or the Government prohibiting the execution of any particular work or the doing of any particular act; (b) he shall report the action taken by him under this section and the reasons therefor to the Board at its next meeting and shall also submit a copy of his report to the Government and the Board or the Government may issue such directions as it or they may deem fit on such report.

(1) Every contract shall be made on behalf of the Board by the Secretary or any other officer of the Board authorised by the Board. (2) The secretary or the officer authorised under sub-section (1) shall take sufficient security deposit for the due performance of the contract. (3) Written agreements shall be executed for every contract, the value of which exceeds five hundred rupees. (4) Every contract made by the Secretary or the officer authorised under sub-section (1) the value of which exceeds ten thousand rupees, shall be reported to the Board at its next meeting.

(1) The Secretary or any officer of the Board authorised in writing by the Board in this behalf may sign on behalf of the Board any agreement or other instrument to be executed on behalf of the Board. (2) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act 16 of 1908) it shall not be necessary for the Secretary or an officer of the Board referred to in sub-section (1) to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in Section 58 of that Act. (3) Where any instrument is so executed, the registering officer to whom such instrument is presented for registration may, if he thinks fit, refer to the Secretary or an officer of the Board referred to in sub-section (1) for information respecting the same and shall, on being satisfied of the execution thereof register the instrument.

Notwithstanding anything contained in any other law for the time being in force, a housing or improvement schemes 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 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 re-construction of buildings; (g) the sale, lease or exchange of any property comprised in the scheme; (h) the construction and alteration of roads, streets, backlanes, bridges, culverts and causeways; (i) the drainage, water supply and lighting of the streets included in the scheme; (j) the provision of open parks, playing fields and open space 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 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 the scheme; (n) the provision of facilities for communication and transit; (o) the collection of such information and statistics as may be necessary for the purposes of this Act; (p) the reclamation or reservation of lands for markets, gardens, playing fields and afforestation; (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 it 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.

(1) Whenever it appears to the Board that any area is an insanitary area within the meaning of section 49 and that having regard to the comparative value of the buildings in such area and the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is a rebuilding scheme, the Board may frame a rebuilding scheme for the whole area or any part of it in accordance with the provisions of this section. (2) A rebuilding scheme may provide for- (a) the reservation of roads, streets, lanes and open spaces and the enlargement of the existing roads, streets, lanes and open spaces to such extent as may be necessary for the purposes of the scheme; (b) the re-laying out of the sites of the street upon which the streets, lanes and open spaces so reserved or enlarged are meant to be provided; (c) the payment of compensation in respect of such reservation or enlargement and the formation of roads, streets, lanes and open spaces so reserved or enlarged; (d) the reconstruction, alteration or demolition of the existing buildings and their appurtenances by the owners or by the Board in default of the owners and the erection of buildings in accordance with the scheme by the said owners, or by the Board in default of the owners, upon the sites as defined under the scheme; (e) the advance to the owners upon such terms and conditions as to interest, sinking fund, and other matters as may be provided in the scheme, of such sums as may be necessary to assist them to reconstruct or alter existing buildings or to erect new buildings in accordance with the scheme; and (f) the acquisition by the Board of any sites or buildings comprised in the area included in the scheme.

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

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

(1) When any housing or improvement scheme has been framed, the Board shall prepare 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 a betterment fee, may be seen at reasonable hours. (2) The Board shall– (a) cause the said notice to be published in the Gazette or in two daily newspapers having wide circulation in the locality in which the area comprised in the scheme is situate, specifying the period up to which the objections will be received; and (b) send a copy of the notice to the local authority concerned. (3) The Secretary shall cause, copies of all documents referred to in clause (b) of sub-section (1) to be delivered to any applicant on payment of the fee fixed by the Board.

The local authority to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 50 shall, within a period of sixty days from the receipt of the said copy, forward to the Board any representation which the local authority wishes to make regarding the scheme.

The executive officer of a local authority shall, at the request of the Secretary, furnish him with a copy of, or an extract from, assessment list of the local authority.

(1) After considering the objections and representations, if any, received in pursuance of sub-section (2) of section 50, section 51 and sub-section (4) of section 52 and after hearing the persons who, having raised any such objections or made any such representations, desire to be heard, the Board may either abandon or modify or sanction the scheme, or apply to the Government for sanction with such modifications, if any as the Board may consider necessary if the cost of the scheme exceeds ten lakhs of rupees. (2) The Government may sanction, with or without modification, or may refuse to sanction or may return for reconsideration any housing or improvement scheme costing over ten lakhs of rupees submitted to them 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 50– (i) 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 (ii) in every other case where the modification is, in the opinion of the Board, of sufficient importance to require republication.

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

At any time after a housing or improvement scheme has been sanctioned by the Board or the Government as the case may be, and before it has been carried into execution, the Board may alter or cancel it: Provided that– (a) if any alteration is likely to increase the estimated cost of executing a scheme by more than ten per cent of the total cost, or if any altered scheme is likely to cost more than ten lakhs of rupees, the alteration shall not be made without the previous sanction of the Government; (b) if any alteration involves the acquisition, otherwise than by agreement, of any land not previously proposed to be acquired in the original scheme, the procedure prescribed in the foregoing sections of this Chapter shall, so far as it may be applicable, be followed as if the alteration were a separate scheme; (c) if, owing to any alteration, any land not previously liable under the scheme to the payment of a betterment fee becomes liable to such payment, the procedure prescribed in sections 50, 51 and 52 shall, so far as it may be applicable, be followed in regard to such land: Provided further that no scheme costing over ten lakhs of rupees shall be cancelled under this section without the previous sanction of the Government. Explanation: For the purposes of this section, the term "alteration" shall be deemed to include a combination of two or more schemes framed or to be framed and the expression "altered scheme" shall be deemed to include any scheme so combined.

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