The Tripura Housing Board (Amendment) Act, 2007

(1) This Act may be called the Tripura Housing Board (Amendment) Act, 2007. (2) It shall.come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In the Tripura Housing Board Act , 1978 (herein after referred to as the. Principal Act) in Sub- Section (1), of Section 1 for the words “The Tripura Housing Board” in the short title, the words “The Tripura Housing and Construction Board” shall be substituted.

In the Principal Act after sub-section (3) of Section —1 the following sub-section . shall be inserted, namely : “(4) The assets and liabilities of the Housing Board shall stand vested and transferred to the ‘Tripura Housing and Construction Board? with effect from the date of notification made by the State Government for the purpose of this Act”.

(1) For Sub Section (1) of Section-2 the following shall be substituted, namely : “) ‘Board’ means the Tripura Housing & Construction Board constituted under section 3 under the administrative control of Public works Department (PWD), Government of Tripura” ; (2) Sub-Section (3) of Section 2 shall be deleted. (3) For Sub-Section (6) of Section 2 the following shall be substituted, namely; “(6) Chief Executive Officer (CEO) means the CEO appointed under section 12.” (4) For sub-section (7) of section 2, the following shall be substituted namely- “(7) ‘housing scheme’ wherever it occurs in the Act, shall mean and be read as ‘Housing and Construction works’ and ‘Construction work’ means various types of construction works including building, road and bridges undertaken on behalf of Government Departments & any other organizations”. (5) For Sub-Section (11) of Section 2 the following shall be substituted , namely- “(11) ‘municipality’ means Agartala Municipal Council & any Nagar Panchayets (including a notified area) constituted under the Tripura Municipal Act, 1994 as extended to whole of Tripura”.

In the principal Act for Sub-Section(1) of section 3, the following shall be substituted, namely ; “(1) The state Government shall, by notification in the official Gazette, constitute for the purpose of this Act, a Board by the name of the Tripura Housing and Construction Board (THCB)”.

In the Principal Act, for Sub-Section (1) of Section 5 and the explanation thereof, the following shall be substituted, namely : “(1) The Board shall consist of a Chairman who shall be the Minister in-charge of Public Works Department (PWD) of the State Government and the Vice Chairman to be appointed by the State Government and with such other officers and non-official members not less than seven and not exceeding ten, as may be appointed by the State Government. Out of the non-official members at least one shall be belonging to the Scheduled Castes and one belonging to the Scheduled Tribes. The Secretary, PWD, the Chief Engineer, PWD(R&B), the District Magistrate & Collector, West Tripura and the CEO, THCB will be the Ex-officio members of the Board. Explanation:- In this Sub section, the words ‘Scheduled Castes’ & ‘Scheduled Tribes? shall have the same meaning as assigned to them under clauses (24) & (25) of Article 366 of the Constitution of India”.

In the Principal Act for Sub-Section (b) of Section 8 the following shall be substituted, namely : “(b) is absent without the permission of the Board in three successive Meetings.”

In the Principal Act for Sub-Section (1) & (2) of Section 12, the following shall be substituted, namely : “(1) The Board shall have a CEO and such other Officers and employees as the Board may consider necessary for the efficient performance of its functions. (2) The appointment of the CEO shail be made by the State Government and the appointment of other Officers and employees of the Board shall be made by the Board : Provided that Board shall not appoint any official with the total emoluments exceeding Rs. 10,000/- per month without obtaining the previous sanction of the State Government.”

In the Principal Act, for SubSection (a) and (d) of Section 15 the following shall be substituted, namely : , “(a) an ordinary meeting of the Board shall generally be held at least once in every three months. (d) every meeting shall be presided over by the Chairman and in his absence by the Vice-Chairman and in: the absence of the both by a member chosen by the Chairman.”

In the Principal Act, for Sub-Section (1) of Section 16 and the provisos thereto, the . following shall be substituted, namely : “(1). Every contract made by the Board shall be entered into in such manner and in - such form as may be prescribed and be signed by the CEO on behalf of the Board. Provided that - (a) No contract involving an expenditure of rupees five crores or more shall be made without the previous sanction of the State Government. (b) The Board shall. have full power to approve contract for execution of works - costing rupees five crore or less. (c) -In case of urgency, Chairman may approve any contract of rupees ten lakhs and below without previous sanction of the Board, but shall be referted to the Board at the earliest opportunity.”

(i) for SubSection (1) of section 19 of the Principal Act, the following shall be substituted, namely : : “(1) Subject to the provisions of this Act the Board, may, from time to time, incur expenditure and undertake works for the “framing and execution of - Housing Schemes and Construction. works. Such Housing Schemes and Construction works may include own works of the Board and works to be entrusted by the Government Departments, Autonomous Bodies/Semi Autonomous Bodies and other organizations etc.” . di) for Sub- Section (3) of Section 19 of the Principal Act, the following shall be substituted, namely: “(3) The Board may, on such terms and conditions as may be agreed upon and with the previous approval of the State Government, take over execution of any construction works, on behalf of local authority for building houses; offices, markets, hospitals, roads, bridges and such other constructions.”

In the Principal Act in section 20, after clause-(k) clause (1) shall be inserted, namely: “(1) successful implementation of the Construction works including all sub-heads as envisaged in the project proposal including any or all of the matters in clauses (a) to (k) above.”

In the Principal Act, for clause (i) of sub- section(2) of Section 21, the following shall be substituted, namely: “(i) the housing schemes and other Construction works which the Board proposes to execute whether in part or in whole during the next year.”

In the Principal Act, for sub-Section (1) of Séction 32, the following shall be substituted, namely: : “(1) The Board shall have a fund to be called the Housing & Construction Board fund.”

In the Principal Act, after Sub-Section (3) of Section 45 the following shall be inserted, namely : . “(4) The State Government may, by notification in the official Gazette, rescind or modify any rule made under this section and thereupon, the rule shall cease to have.effect or be modified accordingly.”

(1) Provided that— (a) no contract involviug an expenditure of Rs. 25,00,000 or more shall be made without the previous sanction of the State Government; (b) any contract involviug the expenditure up to Rs. 20,000 may, in case of urgency, be made by the Chairman without the previous sanction of the Board but shall be referred to the Board at the earliest opportunity. (2) Sub-section (1) shall apply to every variation or abandenment of a contract as well as to an original contract.

Without prejudice to the provisions of clause (i) of the proviso the sub-section (1) of section 16, the State Geverument may, by a notification published in the Official Gazette, direct that the Chairman may exercise all or any of the powers exéreizeable by the Board under this Act as may be specified in the notification: Provided that when power under this section has been exercised, the Chairman shall make a report to the Board at its next meeting indicating the circumstances under which such power has been exercised.

Subject to any rule which the State Gevernment may make in this behalf, the Board may by order direct that the power to sign a contract shall be exerckeable also by the Housing Commissioner or any other officer specified by it in the order.

(1) Subject to the provisions of this Act the Board may, from time to time, incur expenditure and undertake works for the framing and execution of such housing schemes as it may consider necessary and such housing schemes may include housing schemes in relation to lands and buildings vested in or in the possession of the State Government. (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 and the Board shall thereupon undertake the framing and execution of such scheme. (3) 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, for building houses mainly for the residence of the employees of such local authority, co-operative society or employer, as the case may be or for the residence of the members of such co-operative society.

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) construction and reconstruction of buildings; (c) the sale, letting out or exchange of any property included in the scheme; (d) roads, drainage, water-supply, lighting, schools, hospitals, dispensaries, market places, parks, playgrounds and open spaces within a housing scheme; (e) the reclamation or reservation of lands for markets, gardens, schools, dispensaries, hospitals and other amenities in a housing scheme; (f) the letting out, management and use, of the Board premises; (g) accommodation for any class of inhabitants; (h) the advancing of money for the purpose of scheme; (i) the collection of such information and statistics as may be necessary for successful implementation of the scheme; (j) development of any urban or rural area for successful implementation of housing schemes and for purposes ancillary or incidential thereto; (k) any other matter for which, in the opinion of the Board or the State Government, it is expendient to make provision with a view to provide housing accommodation and to improving or developing of any area included in a housing scheme.

(1) The Chairman shall, at a special meeting to be held within the fifteenth day of the month of February in each year, lay before the Board, a budget 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 in 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 of 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 and sanction it with or without modifications.

(1) Every budget sanctioned by the Board shall be submitted to the State Government for approval. Within such time as may be prescribed, the State Government may approve the budgets as sanctioned by the Board or return it to the Board for making such modifications therein as the State Government may deem fit. (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 the same.

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 21, 22 and 23 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 in such manner as may be prescribed and proceed to execute such 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 except with the approval of the State Government 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.

(1) When any open space for the purpose of ventilation or recreation has been provided by the Board in 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, provide lamps and other apparatus for lighting it. (2) If any difference of opinion arises between the Board and the local authority concerned in respect of any matter referred to in sub-section (1), the matter shall be referred to the State Government whose decision thereon shall be final.

(1) The Board shall take necessary measures to maintain, allot, lease, sell or otherwise use the Board premises in such manner as it may decide and shall recover rent, price, compensations and damages in respect thereof. (2) The Board may— (i) provide technical advice to the State Government and scrutinize projects under housing schemes 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 on problems of house; (iv) do all things for— (a) unification, simplification and standardisation of building materials; (b) encouraging pre-fab and mass production of house components; (c) organising or undertaking the production of building materials for residential or non-residential houses; (d) securing a steady and sufficient supply of workmen trained in the work of construction of building and for the manufacture of building materials. (3) Subject to such rules as may be made in this behalf the Board may, from time to time, appoint one or more Committees or invest any local or other authority for the purpose of discharging such duties or performing such functions as it may delegate to them and any such Committee or local or other authority may discharge such duties or perform such functions accordingly.

The State Government may, by general or special order published in the Official Gazette, exempt any housing scheme undertaken by the Board from all or any of the provisions of this Act 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.

(1) Where any land is needed for the purpose of a 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 his rights and interests in such land either wholly or in part, on payment of an amount proportionate to the loss or deprivation caused to the enjoyment of the land. (2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of the scheme or for performing any other duties or functions of the Board and such acquisition of any land or any interest therein shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act.

(1) Such assets and liabilities of the State Government which the State Government may decide to transfer to the Board on such terms and conditions as may be prescribed shall, with effect from the date of notification made by the State Government in this behalf, stand vested and transferred to the Board. (2) All debts and expenditure incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government in respect of the assets and liabilities transferred under sub-section (1) before and up to the date of transfer shall be deemed to have been incurred, entered into or engaged to be done with or for the Board and all suits and other legal proceedings instituted or which may be instituted by or against the State Government in respect of such assets 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 or 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 every year make a grant to the Board of the amount required to meet the administrative expenses of the Board for a period of five years from the date of the constitution of the Board. (4) All moneys received by or on behalf of the Board as proceeds of sale of land or any other property, all rents, betterment charges and all interests, profits and other moneys accruing to the Board shall be deposited in the fund of the Board. (5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Reserve Bank of India or in any branch of the State Bank of India or in such other bank as may be approved by the State Government. (6) The account or any cash and the same shall be operated or handled by such officers as may be authorised by the Board: Provided that it shall be lawful for the Board to incur (a) recurring expenditure not exceeding Rs. 5,000 (b) non-recurring expenditure not exceeding Rs. 2,00,000. (7) If in any case where any sum is expended in accordance with the circumstances of extreme urgency, a report 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 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 advance loans to the Board of such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.

(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 to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act. (2) The rules made by the State Government for the purposes of this section may empower the Board to borrow by issue of debentures and to make arrangements with bankers. (3) All debentures issued by the Board shall be in such form as the State Government may from time to time determine. (4) Every debenture shall be signed by the Chairman and one other member of the Board. (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the State Government.

Notwithstanding anything contained in any other law for the time being in force, every debt arising out of any loan obtained by the Board from the State Government and banks and other financial institutions for carrying out the purposes of this Act (a) shall have priority over all other debts, whether secured or unsecured, incurred by the Board, and (b) shall be a preferential debt within the meaning of section 530 of the Companies Act, 1956, and such debts shall rank equally amongst themselves and be paid in full out of the assets of the Board unless such assets are insufficient to meet them in which case they shall abate in equal proportion.

(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 rules an annual statement of accounts. (2) The Board shall cause its accounts to be audited annually by an auditor to be appointed by the State Government. The auditor so appointed shall have the right to demand the production of books, accounts, vouchers, documents and other papers, and to inspect any of the offices of the Board. (3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government, and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price. (4) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.

(1) Notwithstanding anything contained in section 38, the State Government may order that there shall be a concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person 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 and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit and remedy or cause to be remedied the defects pointed out by such person, unless they are condoned by the State Government.

(1) 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 Official Gazette. (2) The report shall be laid on the Table of the Tripura Legislative Assembly as soon as may be after it is received by the State Government.

The Board shall also submit to the State Government such statistics, returns, particulars, statements, documents and 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 specially authorised by the Chairman in this behalf may, with or without assistance of 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 do any other things when it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned thereunder: Provided that— (i) no such entry shall be made without giving at least 24 hours previous notice of the intention to make such entry; (ii) no dwelling house and no public building which is used as a dwelling place, shall be so entered, unless with the consent of the occupier; (iii) sufficient notice shall in every instance be given to enable the female inmates of any apartment to remove themselves to some part of the premises where their privacy will not be disturbed; (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

No person shall commence any suit against the Board or against any officer or employee of the Board or any person acting under the orders of the Board, for anything done or purporting to have been done in pursuance of this Act, without giving to the Board, officer or person concerned two months' previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.

The Board shall at the end of every five years have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State Government: Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following purposes, namely:— (a) the allowances of members and remuneration and conditions of service of the Vice-Chairman under section 7; (b) the manner and form in which contracts shall be entered into under sub-section (1) of section 16; Board under section 21 and the other particulars to be contained therein; (c) the time within which the State Government may approve or return the budget to the Board under sub-section (1) of section 23; (d) the manner of publication of housing schemes included in the budget under section 25; (e) the terms and conditions on which assets of the State Government may be transferred to the Board under section 31; (f) the conditions subject to which the Board may borrow any sum under section 36; (g) the manner of preparation, maintenance and publication of accounts under section 38; (h) the date before which, the form in which, the interval at which and the matters on which reports shall be submitted under section 40; (i) the time at which and the form and manner in which statistics, returns, particulars, statements, documents and papers shall be submitted under section 41; (j) the manner in which the Board shall be superseded and reconstituted under section 55; (k) any other matter which is to be or may be prescribed under this Act. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative assembly of Tripura, while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Board may from time to time, with the previous sanction of the State Government, make regulations consistent with this Act and with any rules made under this Act. (2) Such regulations may 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) regulating its procedure and the disposal of its business; (d) the conditions of service of the employees of the Board other than those taken over and employed under sub-section (1) of section 14. (3) If it appears to the State Government that it is necessary or desirable for carrying out the purposes of this Act to make any regulation in respect of matters specified in sub-section (2) or to amend any regulation made under that sub-section, it may call upon the Board to make such regulation or amendment within such time as it may specify. If the Board fails to make such regulation or amendment within the time specified, the State Government may itself make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been made by the Board under sub-section (1). (4) Every regulation made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Tripura, while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the regulation or the House agrees that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that regulation.

(1) The Board may, with the previous sanction of the State Government, make by-laws, not inconsistent with this Act and rules which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act. (2) A bye-law made under this section may provide that a contravention thereof shall be an offence. (3) All bye-laws made under this section shall be published in the Official Gazette.

Whoever contravenes a 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 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 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, he shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Unless 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 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 public servants within the meaning of section 21 of the Indian Penal Code.

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

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

(1) The State Government with a view to satistying itself that the powers and duties af the Board are being exercised and performed properly, may, at any time, appoint any pérson or persons to make inquiries into ail or any of the activities of the Board in such manner as may be prescribed and to yeport to the State Government the yesult of such inquiries. (2) The Board shall give to the person oF persons so appointed ali facilities for the proper conduct of the inquiries and shall produce before the person or persons any document, account or information in the possession of the Board, which such person or persons demand for the purposes of the inquiries.

(1) if the State Government is satisfied that the Board has made default in performing any duty imposed on it by oF under this Act, it may fix a period for the performance of that duty. (2) If in the vpinion of the State Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawlul tor the State Government, to siypersede and reconstitute the Board in the 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 carried on py the State Government or by such officer or officers as the State Government may appoint for this purpose.

(1) The State Covernment may, by notification in the Official Gazette, declare thal, with effect from such date as may be specified im the notification, the Board shall be dissolved. (2) With effect frém the date specified in the notification under sub-section (1)— (a) all properties, funds and dues which are yest in and be yealizable by the State Government; (b) ail habilities enforcéable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realized by the State Government. (3) Nothing in this section shall affect the liability of the State Government in respect of leafs or debentures guaranteed under sub-section (y of section 36.