section 199
Notice of suit against. Boarg letc.~No suit shall be instituted against
The Kerala State Housing Board Act 1971Chapter X GONSTITU I'TON OF TRIBUNAL AND ITS FUNCTIONS :
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== |’
- (a) the Board ox the Chairshan, or:
- (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
- (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
- (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
- (2) Whendver: the Secretary, or a person'authorised urider 'shbisegtion’
- (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,—
- (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
- (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 :
- (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
- (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
- (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
- (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
- (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 :
- (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 $
- (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 :
- (0) the fees payable for copins of, or cxtradts from, lth assessment. ary books of the local authoitios concernod furnished to Ithe 'Socrptaty ; Ee
- (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
- (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) 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 ;
- (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.
- (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
- (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
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