Preamble

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