The Tripura Housing Board Act, 1978

(1) This Act may be called the Tripura Housing Board Act, 1978. (2) It extends to the whole of the State of Tripura. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,— (1) "Board" means the Tripura Housing Board constituted under section 3; (2) "Chairman" means the Chairman of the Board and includes the Vice-Chairman and any other member of the Board; (3) "Housing Commissioner" means the Housing Commissioner appointed under section 7; (4) "Housing Scheme" means any housing scheme made under this Act; (5) "Land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (6) "Land Acquisition Act" means the Land Acquisition Act, 1894; (7) "Member" means a member of the Board and includes the Chairman and Vice-Chairman; (8) "Municipality" means a Municipality constituted under the Bengal Municipal Act, 1932 as extended to Tripura; (9) "Premises" means any land or building or part of a building and includes— (i) gardens, grounds and out-houses, if any, appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (10) "Prescribed" means prescribed by rules made under this Act; (11) "Regulations" means regulations made by the Board under section 74; (12) "Year" means the year commencing on the 1st day of April and ending on the 31st day of March.

(1) The Board shall consist of— (a) a Chairman to be appointed by the State Government; (b) a Housing Commissioner to be appointed by the State Government; (c) Secretary to the State Government in-charge of the Works Department; (d) such other number of non-official members not exceeding five, as may be appointed by the State Government; and (e) such number of non-official members not exceeding two, as may be appointed by the State Government from among the members of the Scheduled Castes and Scheduled Tribes. (2) The State Government shall, by notification in the Official Gazette, publish the names of the members appointed under sub-section (1). (3) Save as otherwise provided in this Act, the term of office of such members shall be such as may be prescribed.

(1) A person shall be disqualified for being appointed as a Chairman or member of the Board if he— (a) is of unsound mind; (b) is an undischarged bankrupt or uncertified insolvent; (c) has, directly or indirectly, by himself or by any partner, any share or interest in any employment or control, as the case may be, "with the Board", or on behalf of or by the Board; (d) is a Director, Secretary, Manager or other salaried officer of any company which has any share or interest in any employment or control, as the case may be, "with the Board" or on behalf of or by the Board, or (e) is, or has been convicted of any offence involving moral turpitude. (2) If a member of the Board— (a) becomes subject to any of the disqualifications mentioned in section 4, or (b) remains absent from three consecutive meetings of the Board without the permission of the Chairman, he shall cease to be a member of the Board. (3) The State Government may by notification in the Official Gazette remove any member appointed under sub-section (1) of section 3. (4) The vacancy of a member shall be filled in as presently provided. (5) No disqualification or defect in the appointment of any person as a member of the Board shall vitiate any proceedings of the Board, in which such person has taken part, provided that the number of members participating in the proceedings as members of the Board is not less than the quorum required for the meeting.

(1) If a member of the Board— (a) becomes of unsound mind; (b) is an undischarged insolvent or uncertified bankrupt; (c) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of, the Board; (d) is a director or a secretary, manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board; (e) has been or is convicted of any offence involving moral turpitude; he shall be disqualified for being appointed or for continuing as a member of the Board. (2) Provided that a person shall not be disqualified under clause (c) or clause (d) by reason of his having a share or interest in— (i) any sale, purchase or lease of any land or building or any agreement for the same; (ii) any agreement for the loan of money or any security for the payment of money; or (iii) any newspaper in which any advertisement relating to the affairs of the Board is published. (3) The State Government may remove from the Board any member who, in the opinion of the Government, is guilty of any misconduct or neglect or abuse of his position as a member of the Board, or is otherwise unfit to render his services to the interest of the Board or of the general public or employees of the Board, provided that such person shall not be removed unless he has been given an opportunity to show cause why such order should not be made. (4) Any member of the Board may resign his office by giving notice in writing to the State Government.

(1) If a member of the Board (a) tenders his resignation in writing to the State Government, or (b) is absent from three consecutive meetings of the Board without the permission of the Board, he shall cease to be a member. (2) Any vacancy of a member shall be filled up as early as possible in the same manner as provided under section 3.

(1) The Board shall have a Housing Commissioner and such other executive officers, Assistant Housing Commissioners and other employees as the Board may consider necessary for the performance of its functions under this Act. (2) The appointment of the Housing Commissioner shall be made by the State Government and the appointment of the other officers and employees of the Board shall be made by the Board: Provided that the Board shall not appoint any officer or employee without the prior approval of the State Government. (3) The Housing Commissioner and the officers may perform such duties as may be assigned to them by the Board.

The State Government may appoint another person to perform his functions for the Board for the time being in case the Housing Commissioner is absent on leave or otherwise, or is incapable of performing his duties, without prejudice to the appointment of any other person to carry out his functions under this Act or any rule or regulation made thereunder.

No appointment of any person as a member of the Board shall be questioned on the ground of any defect in the appointment or of any irregularity in the procedure of the Board as such in the meetings of the Board.

The Board may from time to time by resolution, subject to such directions as may be issued by the State Government, and without prejudice to the powers conferred on it, appoint other officers of the Board and the Housing Commissioner to such of its powers, duties and functions as may be specified in the order.

The State Government may from time to time, by notification, confer on such officers and other employees of the Board, such powers as it thinks fit.

(1) The Board may, with the previous sanction of the State Government, appoint such officers and servants as it may consider necessary for the performance of its functions under this Act, such as Assistant Housing Commissioners and other officers and servants as the Board may determine from time to time. (2) The Board may, with the previous sanction of the State Government, and subject to such conditions as may be prescribed, appoint such other officers and servants as may be necessary for the efficient performance of the functions of the Board under this Act. (3) The appointment of Housing Commissioner shall be made by the State Government and the pay and allowances of the said officers and employees shall be made by the State Government, provided that the Board shall not appoint any officer or servant on a scale of pay or for a period exceeding beyond the term of the Board except with the previous sanction of the State Government. (4) The Housing Commissioner and the officers shall perform such duties as may be assigned to them by the Board.

(a) If a vacancy occurs due to the death, resignation or otherwise, of any member of the Board, or by the Board, for a period of three successive meetings, he shall cease to be a member. (b) Such vacancy shall be filled as early as may be, provided that regular member shall be appointed by the State Government to hold the place for such period as the member in whose place he is appointed would have held office, without the period of superannuation of the Board, if the vacancy has not occurred. No disqualification or defect in the appointment of any person acting as a member or Chairman of the Board or any defect in the proceeding of the Board shall be deemed to be invalid to the proceeding of the Board, in any procedure, otherwise.

(a) An ordinary meeting shall be held at least once every month. (b) Special meeting. (c) The quorum for every meeting shall be such as may be determined by the Board, and in case the meeting is adjourned for want of quorum, no quorum shall be necessary in case of the adjourned meeting. (d) Every meeting shall be presided by the Chairman, and in his absence, the Vice-Chairman, and in the absence of the Vice-Chairman, by any member chosen by the members present. (e) All questions at a meeting shall be decided by a majority of the members present and in case of equality of votes, the presiding person shall have and exercise casting vote. (f) The minutes of the proceedings of the Board shall be recorded in a book to be provided for the purpose.

(1) Every contract made by the Board shall be entered in such manner and in such form as may be prescribed and be signed by the Chairman or the Housing Commissioner; and (2) All orders and decisions of the Board shall be authenticated by the signature of the Housing Commissioner or such officer as may be authorised by the Board in this behalf.

(1) The Board shall take over and employ such staff of the State Government and other Works and other requirements as the State Government may deem appropriate and replaceable, and every person so taken over and employed by the Board under sub-section (1) shall have a lien on their posts in the service of the State Government and the period of their receipt under the Board shall for the purpose of their promotion, movement, pension and other matters be paid for by the State Government, subject to the revision to the State Government's audit and subject to the provisions of this Act and the regulations made thereunder: Provided that, during the period of such employment, they shall be subject to the provisions of the State Government's Service Rules or such other Rules, as the Tripura State Rules may, from time to time, be made by the State Government. (2) All permanent Government servants taken over and employed by the Board under sub-section (1) shall have a lien on their posts in the service of the State Government and the period of their receipt under the Board shall for the purpose of their promotion, movement, pension and other matters be paid for by the State Government, subject to the revision of the State Government's audit and subject to the provisions of this Act and the regulations made thereunder. (3) The Board shall, under the provisions of this Act, subject to the previous sanction of the Housing Commissioner as specified in the order of or application to the Board, and the Board may, by order, direct the power to control be also vested to the Housing Commissioner of the Board in this behalf under this Act. No invalidity shall be there in the Board to any person, indicating the Board, the Board should be the acting authority under this section. Any power exercised under this section shall not be prejudicial to the provisions of sub-section (2) of section 17. (4) The Housing Commissioner, at the request of the Board at the earliest opportunity, shall be referred to the Board at the earliest opportunity. (5) Every alteration or amendment of any control, as well as the original respondent, shall apply the sub-section (1) of this section.

Notwithstanding anything contained in any other Act 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 necessary for the scheme; (b) construction and reconstruction of buildings; (c) the sale, letting out or exchange of any property comprised in the scheme; (d) roads, drainage, water-supply, lighting, schools, hospitals, markets, gardens, shops, etc. (e) the determination and reservation of lands for markets, gardens, schools, hospitals, dispensaries, parks, and other matters in a housing scheme; (f) the managing, letting out and use of the Board's premises; (g) accommodation for any class of inhabitants; (h) the advancing of money for the purpose of schemes; (i) the laying out of information and such necessary for suggestion of the schemes; (j) development of any area or write or plan of the Board. (2) Any other matter which, in the opinion of the Board or the State Government, is expedient to make provision to provide housing accommodation and to implementing of copies of any scheme included in a Housing scheme. (3) The Housing Commissioner shall, within six months in each year, to this Board, such forms as may be provided for the Housing schemes shall execute. (4) The Board may, for the purpose of housing schemes in the Tripura State, be subject to the provisions of this Act. (5) The Board shall take up under the Housing Schemes and publish the declaration. (6) The Board may, by order, direct the power to control be also vested to the Housing Commissioner of the Board in this behalf, as specified in the order of or application to the Board, subject to the provisions of this Act. (7) Housing schemes can include for the purpose of such schemes as the State Government may direct in the social sector.

In addition to any other powers, the Board may, for the purpose of providing housing accommodation or the execution of any housing scheme, take such steps for the compulsory acquisition of any land or interest therein to be required for the execution of a housing scheme or the discharge of any duties or functions of the Board. The Board may approach any person for the acquisition of such land by purchase, exchange or otherwise of such land and interest or rights therein which are wholly or part, to pay an amount proportional to the loss or deprivation caused to the employment of land. (3) The Board may take the acquisition of land by purchase for a public purpose.

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 necessary for the scheme; (b) the construction and reconstruction of buildings; (c) the sale, let-ting or exchange of any property comprised in the scheme; (d) for roads, drainage, water-supply, lighting, (schools, hospitals, dispensaries, markets, gardens, schools, dispensaries, markets, gardens, playgrounds and open spaces within a housing scheme); (e) the framing or alteration of reservations of lands for markets, gardens, schools, dispensaries, markets, schools, dispensaries and other amenities in a housing scheme; (f) the laying out, management and use of the Board premises; (g) accommodation for any class of inhabitants; (h) feeding or money for the purpose of schemes; (i) the framing of any such information and schemes as may be necessary for subsequent operation of the schemes. (2) The State Government may, in the opinion of the Board or the State Government, it is expedient to make such provision to a view to provide housing accommodation and implementing of developments of any part of the State for the purpose of schemes and for purposes peripheral thereto. (3) The Board may at any time in which such form as may be provided for in the housing scheme.

(1) The Board shall take necessary measures to maintain, manage, lease otherwise use the Board premises in such manner as it deems fit and shall receive price, compensation and damages in respect thereof. (2) If any difference of opinion arises between the Board and the local authority concerned in respect of any matter attached to Sub-section (1), the matter shall be referred to the State Government whose decision shall be final. (3) The Board may undertake research of various problems of housing in particular and in housing at urban and rural level and adopt new methods of constructing roof conditions. (4) Provide technical support to the State Government for projects under housing schemes required by or assigned to the State Government.

(1) When any open space has been provided by the Board for the purpose of fulfillment of any housing scheme, the Board may, by resolution, transfer such open spaces to the local authority on completion of the scheme and thereupon such open space shall be maintained by the local authority at its own expense. Provided that before taking such decision the Board shall transfer such open space to the local authority. (2) The local authority shall maintain and let out such open space on behalf of the Board for the purpose of public benefit.

The State Government may, by general or special order published in the Official Gazette, except housing scheme undertaken by the Board from any or all of the provisions of this Act to such extent and subject to such conditions as may be specified in the order.

(1) Where any land is required for the purpose of any housing scheme or for performing any other duties or functions of the Board, the Board may enter into an agreement with any person for the acquisition by purchase, lease or exchange, of any land, of his rights and property in such land, or on payment of an amount proportionate to the loss or deprivation caused to the fulfillment of the land. (2) The Board also may take steps for the compulsory acquisition of any land of which interest therein required for the execution of a housing scheme or for performing any other duties or functions of the Board, such acquisition of any land for a public acquisition, the land with the clearance of the land shall be deemed to be for acquisition purpose. (3) The Board may undertake and perform such duties or perform such functions as may be delegated to them by the State Government or local authority for the purpose of discharging such duties or performing such functions. (4) The Board may, for the purpose of discharging such duties or performing such functions, appoint one or more committees of members of the Board or local authority as they may deem fit.

(1) The State Government may, by order, transfer of Board assets and liabilities to the Board on such terms and conditions as may be prescribed from the date of such order made by the State Government. (2) All suits and other proceedings instituted or which might have been instituted by or against the State Government in respect of such assets and liabilities shall be continued or instituted by or against the Board, as the case may be.

(1) The Board shall have a fund to be called the Housing Board Fund. (2) The Board may accept grants, subventions, donations and gifts from the Central or the State Government, a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act. (3) The State Government shall make such amount of moneys proceeds of sale for the report. All expenditure as is proposed to be incurred by the Board shall be made as soon as possible, or at least before the end of the financial year, and be reported to the State Government.

(1) The Board shall in each year prepare in such form as may be prescribed a statement showing the estimated receipts and expenditure and such other particulars as may be prescribed. (2) The Board shall review the budget of the Board. (1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act. (2) The State Government may, by general or special order, empower the Board to borrow by issue of debentures and to make sure arrangements with banks for borrowing. (3) All debentures issued by the Board shall be in such form as the Board shall, with the sanction of the State Government, from time to time determine. (4) Every debenture shall be signed by the Chairman and one other member of the Board. (5) Sums borrowed under this section may be guaranteed by the State Government as to the repayment of principal and payment of interest at such rate as may be fixed by the State Government, subject to any Act, Regulation or Law for the time being in force concerning the borrowing of money by the State Government for the purposes of the Act: Provided that nothing contained in any law for the time being in force shall be taken to restrict the borrowing by the Board, but the Board shall, in such case, adhere to such terms and conditions as the State Government may determine.

(1) The Board shall submit its budget to the State Government for approval within such time as may be prescribed. The State Government may approve such budget as the Board may determine. (2) The State Government may return the budget to the Board for making such modifications as it thinks fit and submit to the State Government for approval as revised budget. (3) The State Government may approve the budget as submitted by the Board. (4) If the budget is approved by the State Government, the Board shall cause in the official gazette to be published and the budget shall be presented in the meeting to be persevered. (5) The Board may at any time, except any housing budget included in the budget, can make expenditure subject to approval of the State Government. (6) In each year, before the budget is approved by the State Government, any expenditure which involves an excess of 15 percent of the budget included in the Act, except with the prior approval of the State Government is involved, no such expenditure shall be made. Provided that the amount of the execution or any housing state budget approval by the State Government budget. (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with the Act an annual statement of accounts. (2) The accounts of the Board shall be audited annually by an auditor to be appointed by the State Government. (3) The said auditors shall have the right to demand the production of books, accounts, vouchers, documents and other papers, and to inspect any of the officers of the Board. (4) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof to the State Government and shall also send a copy to them the auditor's report thereon. The Board shall cause the accounts to be published in the prescribed manner and copies thereof on sale at a reasonable price. (5) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.

The provisions of sections 26 and 27 shall apply to the supplementary budget made by the Board, before the Board, a supplementary budget. (1) Notwithstanding anything contained in section 27, the State Government may order that there shall be a concurrent audit of the accounts of the Board. The State Government may also direct a special audit to be made by such auditor as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period. (2) When an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts as the Board shall audit to the person appointed under sub-section (1). (3) The person appointed under sub-section (1) shall demand such information as the said person may require for the purpose of audit and demand the rectification of defects pointed out by such person, unless they are condoned by the State Government.

(1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and such conditions as may be prescribed in this behalf, borrow any sum required for the purpose of this Act. (2) The State Government may make rules to enable the Board to borrow by issuing debentures and to make an arrangement with banking. (3) All debentures issued by the Board shall be in such form as the Board shall determine, with the sanction of the State Government. (4) Every debenture shall be signed by the Chairman and one other member of the Board. (5) The sums borrowed and debentures issued under this section may be guaranteed by the State Government as to repayment of principal and interest as such amount by the State Government as may be determined through payment of interest by the State Government. (1) The Board shall, before such date and in such form and in such time as may be prescribed, submit to the State Government a report as such matters as the State Government may prescribe. (2) The report shall be laid on the Tripura Legislative Assembly as soon as it is received by the State Government.

(1) The State Government may, from time to time, make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine. (2) The State Government may from time to time make loans to the Board on such terms and conditions as the State Government may determine, consistent with the provisions of this Act. The Board may, subject to such terms and conditions as may be imposed by the State Government from time to time, direct: (a) The Chairman or any person specifically authorized by the Board in that behalf may, without or with assistance of such person, enter upon or into any land, in order to carry out such inspection, survey, measurement, valuation, inquiry or any other such inspection; (b) To enter upon any land, subject to sub-section (a) of the section; (c) To enter lands; (d) To shift boundaries and intended lines; (e) To do any other things subject to the purpose of the act; (f) To do such other things when it is necessary for the purposes of the act, or if they decide it is necessary; (g) The Board shall also be subject to the State Government, statistics, particular, statement, report, account, documents or papers in regard to proposed acts or existing services relating to any matters or proceedings carried out with the working of the Board in such times and in such form and in such limits as may be prescribed or as the State Government may from time to time direct.

Notwithstanding anything contained in any other law for the time being in force, the Board may borrow from the financial institutions of the State Government for the purpose of carrying out the purposes of this Act. In case of unsecured or secured loans incurred by the Board, they shall share equally proportionate to such assets and debts. The Board shall at the end of every year have a valuation of its assets and liabilities made by an appointee approved by the State Government: Provided that it shall be open to the State Government to order a valuation to be made at any time it may consider necessary.

(1) The Board may, with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder, to provide for— (a) the management and use of buildings constructed under any housing scheme; (b) the principles to be followed in allotment of tenements and premises; (c) the procedure and the disposal of its business; (d) the conditions of service of the employees of the Board other than those covered and employed under sub-section (1) of section 20. (2) All regulations made under this section shall be published in the Official Gazette. (3) Any regulation made under this section may provide that a contravention thereof shall be an offence. (4) All regulations made under this section shall be published in the Official Gazette.

Whoever contravenes any bye-law made under section 47 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.

If any person— (a) obstructs or molests any person with whom the Board has entered into a contract, in the performance or execution of his duty or of anything which he is empowered or required to do under this Act; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act; shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees.

(1) The State Government may, at any time, with a view to satisfying itself that the powers and duties of the Board are being exercised and performed in a proper manner, appoint any person or persons to make an inquiry into any of the activities of the Board in such manner as may be prescribed and to report the result of such inquiries to the State Government. (2) The Board shall give to the person or persons so appointed all facilities for the proper conduct of the inquiry and shall produce before the person or persons the accounts, documents or information in the possession of the Board which such person or persons demand for the purposes of the inquiry.

(1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty. (2) If, in the opinion of the State Government, the Board fails to perform such duty within the period so fixed for the performance of that duty, it shall be lawful for the State Government to supersede and reconstitute the Board in such manner as may be prescribed. (3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be exercised and performed by such officer or officers as the State Government may appoint for that purpose.

(1) The State Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved. (2) With effect from the date specified in the notification under sub-section (1)— (a) all properties, funds and dues which are vested in or realisable by the Board shall vest in and be realisable by the State Government; (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government.

The State Government may issue such directions to the Board as in its opinion are necessary or expedient for carrying out the purposes of this Act and it shall be the duty of the Board to comply with such directions.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.

All members, officers and employees of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Save as otherwise expressly provided, no Court shall take cognizance 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.