The Manipur State Housing Board Act, 1981

BILL NO. 3 OF 1981 pt ’ THE MANIPUR STATE HOUSING BOARD BH'L, 1981 (As passed by the Legislative Assembly, Manipur on 31-7-81) A BILL to provide for measures to be taken to deal with and satisfy the need of housing accommodation. Be it enacted by the Legislature of Manipur in the Thirty-second Year of the Republic of India as follows: CHAPTER—1I PRELIMININARY 1. (1) This Act may be called the Manipur State Short tile Housing Board Act, 1981. = commence ! ment.

1. (2) It extends to the whole of the State of Manipur.
2. (3) It shall be deemed to have come into force on the Ist day of April, 1981.

In this Act, unless the context otherwise requires— (a) “betterment charge” means the charge declared to be payable under section 42 in respect of an increase in the value of land resulting from the execution of a housing or improvement scheme; (b) “Board” means the Manipur State Housing Board constituted under section 3; (d) “Board Premises” means any premises belonging to, or vesting in the Board, or taken on lease by the Board or any premises which is entrusted to or in the possession or control of the Board for the purposes of this Act; (e) “Building meterials” means such commodities or articles as are specified to be building materials for the purposes of this Act by the State Government by notification in the Manipur Gazette; (f) “Committee” means any committee appointed under section 16; (g) “Competent Authority” means any person or authority Authorised by the Government, by notification, to perform the functions of the competent Authority under Chapter (V) for such area as may be specified in the notification; (h) “Government” means the State Government; (j) “Chairman” means the Chairman of the Board; (k) “Housing Scheme” means Housing Scheme made under this Act; (l) “Land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (m) “Member” means Chairman and other members of Board; (n) “Prescribed” means prescribed by rules made under this Act; (o) “Premises” means any land or building or part of a building and includes— (i) the garden, grounds and out houses, if any, appertaining to such building or part of building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (p) “Regu1ations” means the regulations made under this Act; (q) “Rules” means the rules made under this Act; (r) “Tribunal” means the Presiding Officer, Revenue Tribunal, Manipur. (s) “Year” means the financial year; and (t) “Zila Parisad” has the same meaning as defined in the Manipur Panchayati Raj Act, 1975. (u) “District Council” means the District Council constituted under the Manipur District Council (Hill Areas) Act, 1971 (1 of 1971); (v) “Small Town” means the Small Town declared under sub-section (1) of section 219 of the Manipur Municipality Act, 1976 (Manipur Act 3 of 1976).

(1) The State Government shall, by notification in the Manipur Gazette, establish for the purposes of this Act a Board by the name of the Manipur State Housing Board. (2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both movable and immovable and to contract and do all things necessary for the purpose of this Act; (3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority: Provided that for the removal of doubt, it is hereby declared that the Manipur Land Revenue and Land Reforms Act, 1960, shall not— (a) apply to any land or building belonging to or vested in the Board; (b) apply as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building; Provided further that the Manipur Land Revenue and Land Reforms Act, 1960 shall apply to any land or building let out in favour of the Board.

The State Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the State Government appoints to act for the Chairman during such absence or leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman.

If a member: (a) becomes subject to any of the disqualifications mentioned in section 6; (b) tenders his resignation in writing to the State Government, or (c) is absent from three, consecutive meetings without the permission of the Board, he shall cease to be a member.

Any vacancy in the membership of the Board shall be filled in as early as practicable: Provided that during any such vacancy the continuing members may act as if no vacancy had occured.

No disqualification of, or defect in the appointment, of any person acting as Chairman or a member of the Board shall be deemed to vitiate any act or proceeding of the Board, if such act proceeding is otherwise in accordance with the provisions of this Act.

If any member of the Board other than the Chairman is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise not involving the vacation of his appointment, the State Government may appoint another person to re-officiate for him and carry out his functions under this Act or any rule or regulation made thereunder.

(1) The Board shall have such officers and employees as the Board may consider necessary for the efficient performance of its function: Provided that the Board shall not appoint any officer in the scale of pay the maximum of which exceeds one thousand and two hundred rupees a month without obtaining the previous sanction of the State Government. (2) The Board shall have power to create any post on its establishment: Provided that no new post the scale of pay of which exceeds one thousand and two hundred rupees per month shall be created by the Board without the previous sanction of the State Government.

The Board shall meet from time to time and shall make such arrangements with respect to the day, time, notice, management and adjournment of its meetings as it ln’nks fit, subject to the following provisions, namely: (a) an Ordinary meeting shall be held once at least every two months and five members shall form the quorum; (b) the Chairman, may whenever he thinks fit, call special meetings; (c) every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the meeting to preside for the occasion; (d) all questions at any meeting shall be decided by a majority or the votes of the members present and in case of equality of votes, the person presiding shall have the right to exercise a second or casting vote; (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.

(1) The Board may associate with itself, any person whose assistance or advice it may desire for any purpose to effect any of the prov1s.1ons of this Act: Provided that the number of persons so associated shafl not be more than three. (2) A person associated with the Board under sub-section (1) for any purpose shall have the right to take part in the deliberations of the Board relevant to that purpose, (3) but shall not have the right to vote. The State Government may, by order, depute its representatives to attend any meeting of the Board and to take part in the deliberations of the Board, on such items or subjects as the State Government may specify but such representatives shall not have the right to vote.

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

Notwithstanding anything contained in any other law for the time being in force, a Housing Scheme may provide for all or any of the following matters, namely :— (a) the acquisition by purchase, exchange or otherwise of any property for necessary or affected by the execution of the scheme; (b) the laying or relaying out of any land comprised in the scheme; (c) the distribution or redistribution of site belonging to owners or 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 portions of buildings; (f) the construction and reconstruction of buildings; (g) the sale, letting out or exchange of any property comprised in the scheme; (h) the construction and alteration of streets and back lanes; (j) provision of the draining, water supply and lighting of the area included in the scheme; (k) the provision of parks, playing fields and open space for the benefit of any area comprised in the scheme or any adjoining areas and the enlargement and improvement of existing parks, playing-fields, open spaces and approaches; (l) the reclamation or reservation of lands for markets, gardens, playing-fields, schools, dispensaries, hospitals and other amenities in the scheme; (m) the letting out, management and use of the Board premises; (n) the provision of sanitary arrangement required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply; (p) the provision of accommodation for any class of inhabitants; (q) the advances of money for the purpose of the scheme; (r) the provision of facilities for communication and transport; (s) the collection of such information and statistics, as may be necessary for the purpose of this Act; (t) any other matter for which in the opinion of the State Government, it is expedient to make provision with a view to provide housing accommodation and to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. EXPLANATION: For the purposes of this section the State Government may, on the recommendation of the Board, by notification in the Manipur Gazette, specify such areas surrounding or adjoining the area included in a housing scheme to be the adjoining area.

(1) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under any enactment for the time being in force for the constitution of a municipal corporation for any area in the State to which this Act extends, nor any Housing Scheme made under this Act contain anything which is inconsistent with any of the matters included in a Town Planning Scheme sanctioned by the State Government under the Manipur Town and Country Planning Act, 1975 or in any town planning scheme duly made by or under any corresponding law for the time being in force. (2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any such enactment as aforesaid or contains anything inconsistent with any matter included in Town Planning Scheme sanctioned under the Manipur Town and Country Planning Act, 1975 or in any Town Planning Scheme duly made by or under any corresponding law for the time being in force, the decision of the State Government shall be final.

(1) The Chairman shall, at a special meeting to be held in the month of February in each year, lay before the Board a budget of the Board for the next year. (2) Every such budget shall be prepared in such form as may be prescribed and shall make provision for— (i) the housing schemes which the Board proposes to execute whether in part or whole during the next year; (ii) the due fulfilment of all the 1iabi1ities of the Board, and (iii) the efflcient administration of this Act, and shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year and such other particulars as may be prescribed.

(1) Where any land vests in the Board under the provisions of section 32 and the Board makes a declaration that such land shall be retained by the Board only until it revests in the Corporation, the Municipality or the Zila Parishad, as part of a street or open space under section 36, no compensation shall be payable by the Board to the Corporation, the Municipality or the Zila Parishad, as the case may be, in respect of that land. (2) Where any land vests in the Board under section 32 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the Corporation, the Municipality or the Zila Parishad, as the case may be, as compensation, a sum equal to the value of the land.

(1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as mere member of the public, to use such street or part as a mean of access and has suffered damage from such discontinuance or closing. (3) In determining the compensation payable to any person under sub-section (2) the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid, is discontinued or closed. (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the said street as is no longer required.

(1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease or otherwise use the Board premises and to collect rents, compensation and damages in respect thereof. (2) The Board may,— (i) provide technical advice to the State Government and scrutinize projects under housing schemes in the area to which this Act extends when required by the State Government to do so; (ii) undertake research on various problems connected with housing in general and find out in particular the economical methods of constructing houses suited to local conditions ; (iii) undertake comprehensive surveys of problems of housing ; (iv) grant loans to individuals or body of individuals for building houses under different schemes either at their own instance or under the direction of the State Government and recover the loans in such manner and in such procedure as may be prescribed ; (v) do all things for— (a) unification, simplification and standardisation of building materials ; (b) encouraging pre-fabrication and mass production of house components ; (c) organising or undertaking the production of building materials for residential or non-residential house; (d) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

(1) The Board may enter into an agreement with any person for acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith. (2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act, 1894 and the acquisition of any land or any interest thereto for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894.

(1) When by the making of a housing scheme any land in the area comprised in the scheme will, in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or person having an interest therein in respect of the increase in value of the land from the execution of the scheme. (2) Such increase in value shall be the amount by which the value of the land on the completion of execution of the scheme estimated as if the land were clear of the buildings exceeds the value of land prior to the execution of the scheme estimated in like manner and the betterment charges shall be one half of such increase in value. (3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme. EXPLANATION : For the purpose of this sub-section the State Government may on the recommendation of the Board, by notification in the Manipur Gazette, declare such land which is situated near or contiguous or adjacent to any land comprised in a scheme to be adjacent to the area comprised in such scheme.

(1) Where by the making of a housing scheme, any plot comprised in the area included in the schemes are reconstituted or any person is dispossessed, any person affectecl by such reconstitution or dispossession may apply to the Board for compensation. The Board may, after making such inquiry as it thinks fit, decide whether the applicant is entitled to any compensation and if so to what extent- If the person is dissatisfied With the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal. (2) The Tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person entitled.

(1) Notwithstanding anything to the contrary in the Land Acquisition Act, 1894 the award of the Tribunal in relation to the acquisition of land shall be deemed to be the award of the court under the said Act. (2) Any person who does not agree to the amount of the compensation awarded by the Tribunal for the land acquired for the Board under the Land Acquisition Act, 1894 or to the persons to whom it is payable or to the appointment of the compensation among those persons may, within sixty days from the date of the award of the Tribunal prefer an appeal to the Gauhati High Court: Provided that the High Court may entertain the appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Every award of the Tribunal and every order made by the Tribunal for the payment of money, for the delivery of possession or removal of any structure shall be enforced by the District Judge’s Court having jurisdiction over the area in which the land concerned in the proceeding of the Tribunal is situated as if it were the decxee of the said Court.

(1) Without prejudice to the provision of section 52, any person who is an employee of the State Government or a local authority and who has been allotted any Board premises, may execute an agreement in favour of the State Government or any local authority as the case may be, providing that the State Government or the local authority, as the case may be, under or by Whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him. (2) On the execution of such agreement, the State Government at local authority, as the case may be, shall, if so required by the Board by requisition in writing make the deduction of the amount specified in the requisition from the salary or wages of the employee specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board : Provided that no such agreement in favour of the local authority by the employee concerned shall be valied unless such local authority has agreed in writing to make such deduction on account of rent from the salary or wages of the employee.

(1) Where in the opinion of the Board, circumstances of extreme urgency have arisen it shall be lawful for the Board to make in any year,— (a) recurring expenditure not exceeding Rs. 25,000. (b) non-recurring expenditure not exceeding Rs. 1,00,000. (2) Where any Sum is expended under circumstances of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Government.

(1) The State Government may, with prior consultation with the Board, at any time, declare that any expenditure incurred by it and any proceeding initiated by it, either before or after the constitution of the Board, shall be expenditure incurred or proceedings initiated, on behalf of the Board and upon such declaration amount equivalent to such expenditure shall be deemed to have been given by the Government to the Board as loan with effect from such date as the State Government may appoint, provided that the State Government may give such amount as grant to the Board instead of as loan. (2) On a declaration being made under sub-section (1) above, such assets and liabilities as may have been created or as may have accrued as a result of the expenditure in respect of which a declaration have been made under sub-section (1), shall vest in the Board.

The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the State Government a report on such matters as may be prescribed and the State Government shall cause such report to be published in the Manipur Gazette. Every such report shall be laid before the House of the State Legislature as soon as may be after it is published.

The Board shall also submit to the State Government such statistics, returns, particulars, statements, documents or papers in regard to any proposed or existing scheme or relating to any matter or proceedings connected with the working of the Board at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct.

The Chairman or any person either generally or specifically authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order— (a) to make any inspection, survey, measurement, valuation or inquiry ; (b) to take levels ; (c) to dig or bore into the sub-soil ; (d) to set boundaries and intended lines of work ; (e) to make such levels boundaries and lines of works and cutting trenches ; or (f) to do any other thing ; Whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned thereunder ;

Whoever contravenes a by e-law make under section 71 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

If any person— (a) obstructs, or molests any person with whom the Board has entered into a contract, in the performance or execution by'such person of his duty or of anything Which he is empowered or required to do under this Act, or (b) removes any marks set up for the purpose of indicating any level or direction necessary to the execution or works authorised under this Act, he shah, on corVictien, be punished with imprisonment for a teim which may extend to three month or with fine which may extend to five hundred rupees or With both.

Any person who obstructs the lawful exercise of any power conferred by or under Chapter V shall, on con—viction, he punished with fine which may extend to one thousand rupees.

Unless otherwise expressiy provided, no Court shall take cognisance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.

All members, officers and employees of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be pubiic servants within the meaning of section 21 of the indian Penal Code.

Ne suit, preseetitieh or othe- shaii tie a" "DE” f .L‘:

Anything done or any action taken under the Manipur Housing Board Ordinance, 1980 shall be deemed to have been done or taken under the corresponding provisions of this Act.