Chapter III Housing Schemes

1. (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. (2) The Housing Schemes may be of one of the following types, or combination of any two or more of such types or of any special features hereof, namely:-
   • (a) a house accommodation scheme with special emphasis for the scheduled castes, scheduled tribes and other economically backward classes:
   • (b) a rebuilding scheme;
   • (c) a rehousing or rehabilitation scheme:
   • (d) a city or town or village expansion scheme:
   • (e) a commercial or commercial-cum residential scheme;
   • (f) an Urban Renewal Scheme including of Slum Clearance of Slum Improvement Schemes:
   • (g) a subsidized industrial Housing Scheme; or
   • (h) any other scheme with the approval of the State Government.
3. (3) 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.
4. (4) The Board may, on such terms and conditions as may be agreed upon and with the previous approval of the State Government, take over for execution 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 has been provided for by this Act.

The Board shall, as soon as it frames and decides to execute any scheme either at at its own instance or at the instance of the State Government or a local authority, the State Government may, at the request of the Board, publish a notification in the Official Gazette giving particulars and specifications of the scheme and declaring that the Board has decided to frame and execute the scheme together with a notice inviting every person interested to see the detailed plans and specifications of the scheme in the office of the Board, on any working day within one month of the publication of the notice, and upon such publication of such notification together with the notice as aforesaid, no person shall make any new construction in the area covered by the scheme or make any addition or alterations in any existing structure in the scheme area without the written permission of the Board.

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: -

1. (a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme:
2. (b) the laying or re-laying out of any land comprised in the scheme:
3. (c) the distribution or re-distribution of site belonging to owners of property comprised in the scheme;
4. (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
5. (e) the demolition of obstructive buildings or portions of buildings;
6. (f) the construction and reconstruction of buildings;
7. (g) the sale, letting or exchange of any property comprised in the scheme;
8. (h) the construction and alteration of streets and back lanes:
   • (i) the formation of a reconstituted plot by the alterations of the boundaries of an original plot:
9. (j) the allotment of a plot to any owner dispossessed of his land in furtherance of the housing scheme:
10. (k) the transfer of ownership of a plot from one person to another:
11. (l) the reconstitution of two or more plots belonging to different persons into one plot without changing their boundaries and making them joint property with the consent of the owners of the original plots;
12. (m) the provision of draining, water-supply and lighting of the area included in the scheme:
13. (n) the provision of parks, playing-fields and open spaces for the benefit of any area comprised in the scheme or any adjoining areas, and the enlargement of existing parks, playing fields, open spaces and approaches:
14. (o) the reclamation or reservation of lands, for markets, gardens, playing-fields, schools, dispensaries, hospitals and other amenities in the scheme;
15. (p) the letting out, management and use of the Board premises:
16. (q) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation of, and prevention of any injury or contamination to reverse or other sources and means of water-supply;
17. (r) the provision of accommodation for any class of inhabitants:
18. (s) the advance of money for the purpose of the scheme;
19. (t) the provision of facilities for communication and transport:
20. (u) the collection of such information and statistics as may be necessary for the purposes of this Act:
    • (v) 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 Official Gazette, specify such area surrounding or adjoining the area included in a housing scheme to be the adjoining area.

1. (1) The Chairman shall, at a special meeting to be held in the month of January in each year, lay before the Board, a budget of the Board, for the next year.
2. (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 liabilities of the Board: and
   • (iii) the efficient 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.

The Board shall consider the budget laid before it under the last preceding section and sanction it with or without modifications.

1. (1) Every budget sanctioned by the Board under the last preceding section shall be submitted to the State Government for approval, within two months of the receipt of the budget, the State Government may approve the budget as sanctioned by the Board or return it to the Board for making such modifications therein as the State Government may deem fit.
2. (2) Where a budget is returned to the Board, by the State Government for making any modifications therein, the Board shall forthwith make such modifications and submit the budget as so modified to the State Government, which may then approve it.

The Chairman may, at any time during the year for which a budget has been approved by the State Government, lay before the Board a supplementary budget and the provisions of sections 28, 29, 30 and 31 shall apply to such supplementary budget.

After the budget is approved by the State Government, the Board shall cause the housing schemes, in respect of which, provision is made in the budget, to be published in the Official Gazette and in such other manner as may be prescribed and proceed to execute the schemes.

The Board may at any time vary any housing schemes or any part thereof included in the budget approved by the State Government: Provided that no such variation shall be made if it involves an expenditure in excess of 10 per cent of the amount as included in the budget approved by the State Government for the execution of any housing scheme or if it affects the scope or purpose of such scheme.

1. (1) Whenever any street, square or other land, or any part thereof, situated to any area of a local authority and vested in a local authority is required for the purposes of any housing Scheme included in the budget approved by the State Government, the Board shall give notice to the local authority concerned to transfer to it the required street square or other land, or any part thereof as the case may be.
2. (2) Where the local authority concurs, such street, square or other land, or part thereof, shall vest in the Board.
3. (3) Where there is any dispute, the matter shall be referred to the State Government. The State Government shall after hearing the local authority concerned, decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square, land, or part thereof, shall vest in the Board, it shall vest accordingly.
4. (4) The vesting of street, square, land or a part thereof under sub-section (2) or (3) of the section shall be notified in the Official Gazette.
5. (5) Nothing in this section shall affect the duties and obligations of the local authority in respect of such street, square or land and the local authority concerned shall be liable to render all the municipal services usually provided by it in the land vested in the Board under this section notwithstanding such vesting.

1. (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street or a part thereof vested in it.
2. (2) Whenever the Board discontinues the public use of or permanently closes, any public street or any part thereof, vested in it, 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.
3. (3) 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 same as is no longer required.

1. (1) Whenever the State Government is satisfied-
   • (a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled sewered and drained as required for any housing schemes approved by the State Government under section 31:
   • (b) that such lamps, lamp posts and other apparatus as the local authority concerned, considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided: and
   • (c) that water and other sanitary conveniences have been duly provided in such street, it may declare the street to be a public street, and the street shall thereupon vest in the local authority concerned and shall thenceforth be maintained, kept in repair, lighted and cleaned by the local authority concerned.
2. (2) When any open spare for purposes of ventilation or recreation has been provided by the Board to executing any housing scheme, the Board may at its option by resolution transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained at the expense of the local authority: Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay-out such space and provide foot-paths therein, and if necessary, to provide lamps and other apparatus for lighting it.
3. (3) If any difference of opinion arises between the Board and local authorities in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision thereon shall be final.

1. (1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease and otherwise use the Board premises and to collect rents, compensation and damages in respect thereof.
2. (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 problem of housing: and
   • (iv) do all things for-
   • (a) unification, simplification and standardisation of building materials;
   • (b) encouraging pre-fabrication and mass production of house components:
   • (c) organizing or undertaking the production of building materials for residential or non-residential houses; and
   • (d) securing a steady and sufficient, supply of workmen trained in the work of construction of buildings.

The State Government may by general or special order published in the Official Gazette, exempt any housing scheme under - taken by the Board from all or any of the provisions of sections 29 to 34 (both inclusive) subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.