The Kerala State Housing Board Act 1971

• •:• • (OV ERNM.FN.[ OF K.IAJ A 1 : ••::; .:,:,. LAW DEPARTMENT 1 SFAT1 HOUSING OAD ICT c 1971 (/C1 19 OF 1911) ' I IWJ ut of hi d v;ur 4 Ito ruy i'r. . : r iu i; ;(u\'t' ;ujcNi' F'it1'i4 0 •;•:nr' tr,\t . 3741580/2019/OS-HOUSING 154 GOVERN Mi3N'l' OF K ERALA Ltw Dcpartincit( NC)TJ Fl UA' I'iON No: 3080/fl.. 1/71 fLaw. Dai'ed, 7 ;ivandrnm, 161/i ,7une 19711 26th Jyaisl/ta 11193. • The following Act or tlic Kerala State Legislature is hereby published for general information. The Bill as passcd by the Legislative Assembly reivd the assent of the Prcidcnt on the 1 3t1i day of •Jinic, 1971 l)y order of tb c ( i \'C'i I 0 I P. (;orAIAKiIsrrNn \iV.. no l.aw Secretary. ACT 19 OF 1971 THIS KER.ALA STAT!: FIOUSENG I)OARD AOT, 1971 An Act to provide fsr the organi.vcd direction and planning in the /aeparaiwn 40 and execuiwn qf housing and ;nproi'eineu1 .sc/lelnes and jot the i'sicbls/,meut of a State I-lousing hoard in the StateI ICerala. Preanthle:---Wiiinus,v it e u is xpeclict to provide for die organised direction and planning in I lie prcparatioll un1 eXecution cii housing and ilnI)rovcmcnt schemes and for the establis! neat ol a State Housng Board in the State of Kcrala Bip it cnactcd in the iwcnty-sccnncl Yeai of the Republic oi iiidii as follows (i A L"1'iR PRELIMJNAP.Y 1. Short 1itle extent and com?nencenzcnt._-( 1) '['his Ac may he called the Kerala State liousing Board Act, 1971 It cxtnds to the whole of the State of Kerala. It shall be deemed to have come into force iii the •Fr.ivandrum Taluk in Ti -ivandruin District on the 5th clay of March, 1971 kind in the remaining al -cas in the state it shall coirie ilito force on such date as the Govcrnn -sciit nia'i, by iiotilication in the Gazette, appoinl. ; anti ;di(Thrciit dates may be appointed for difThi-cnt areas. 2. Definilion.s..__40 this Act, unless (lie context otherwise lcquii-cs,--- (1) ubCttCt.lnCiit Ice" means the fic (lcc!arccl to be payable nuder sCction 74 in rcsct öí an increase in the value of land resulting fioiii the execution of a housing or improvement •cbemc 34/661/i). 3741580/2019/OS-HOUSING 155 ( 2 ) 130a1, 1 I lWiklls the Kcrtia State 11oustt lloaicl coriutuved tinder 5(! tilt 'I ; - Ltoar( t f)ilUt5CS'' ttt'ttfLs 41 I/ f)tCIIU.SCS I)Cl0iif,ilt. to, or Vesting in, the (kctsl or cakeit on. lease by the Board or any prenises which is ettriislcd 10, or it tite )OSseSsinit Or e;outroi of, the 3oard or the PU1'l)oSes of , this Act ; C (Ihairinan' means the Chaittisat of' the Board 'Cominittee" means any ,C0lItlltittee appointed nuder section 26 ; '' (Jotnpctirtt authority" weamis any person 01' authority aut1iotise1 by the Oovctwctt by notification in time Qazetfe, to perfonn the 1muctions of the competeiit authority under (Ihapter Xl or such ; arca as bit 5j)(CitLCd ill the notihcatiou ''Flousiiig Board Engineer means the l-lousiiig BoarcI Engiucer apf)OiullcCI nit Icr SeCt!OU 17 ; Ilousiiig or iiill)t'OVC 1 OCI! t selicuic" tucails a scheme ftatiied uader this Act aLid iueludes 1U1)' of the types of schemes rc!'erd to in section 41 'lud" IIICIILL[cs bciiehi to arise out or laud, and things att;tcliecl to tile etrtli ut pertuatelitly htstciu:d to arytiting attached to the earth titcombet' ' iueans it neutijer of the Board J!CU1SCS incaits aity 1 and or building ol' part of a bLtilclLng anti in.clude -- thit: garden, grounds lLitd Out-houses it any, appitutaimiiiig to such I)uildntg or part of a building ; and j illy fittings aflisecI to sitcit building or part 01' it builditig for tie itOle bitciiCicul eflj0'J1leiit tliereoi ' ( 1'2) "l'rcscriljed" nteaiss prescribed by rules made under this Act'; (1 '3) ''regulatioits'' means tlic rcgtdations made under this Act; (14) "r tuics'' means the rules made tinder this Act ; (IS) '1i,c1 tiled Castes" or ''ScILeclule(l Ttibest' shall Itayti the sant tiit'liililg is UI tite CoitituIioii of , India ()6) ''i:cIeliry" itit:illLs the Secmctiry of the floard I?) ''laLc'' incailS the state of Keralt "ftibwtiil" fltciu& the Tribunal constituted itmicler sectiOn 80 19) "year" litcans the financial year Cui'nm 1.1 CONSTITUTION 01' 'fl-lB BOARD 3 GieciltOit 11,1(1 uicor/ioiatioti of t/ii J?uit'd.---'I'1t ditty of carrying. Out the )LOyisi011s of' this Act sh ~ hi, subject to the restrictions, cnditions auth 1i6IaUOils thereimi cOitLiijtcd, be vested itt a Bottid to be called ''The Ecraia 5tate Houtsim BoutcL and such Board shall be it body corporate aid have perpectati sucC-a5iOil and a COAuiSIOil seal, and shall by the s'aic name sue amid 3741580/2019/OS-HOUSING 156 4 Gonstitulion of (he Board.–ThC Board shall cOnsiSt dU a (ihairmali who shall he a non—official appointed by the Government and of tlic following. other members, that is to my,-- 1-tousing Commissioner to the Government, exoffiCiO, who shall also be the Secretary of the Board, fonr officials to be appointcd by the Government, and nine non-officials to be nominaicdi by the Govcrniucist, one Of whom shall be an Bnginccr . or. Architect who posesSCS experiencc in 1iousin.q arid who is itot cmployed by the Government or local a uthority or - a Corporation Or cohtrollCd . by the Goveinment of whom at least two shall he persons belonging to .,. Schedulod Castes or • -. . Schcdled Tribes. • . 5. 4ppointinent of the Chairman and tue mem&i's to be uotificd.---l'hc apointInent of the Gliairntan and tho inoinbcri shall be notified 10 the 1. Gactte, 6'. The term of OJ/icc of the G1o.i; innu and members the Board.-- Chairman and the members of the Board shall hold &flice (.1.uring the pleasure of the Government l'roviciccl ti of office of the Chairman appointed under cction 4 or a' member rlo1nntcct under clauC (b) of the said Section shajl. nOt in ny case e0cdl hrce year.s front tlie.date of his appointment jbr'notniriitiot, as thc case ma''. b..'1 (ti)' Tic Chairmn a or: any nmninatcd member may resign his Citidri ta) Isnul) or membership by tdvi ng no lice in writing to the Govrnmen ttt shall contii1tdC in office untif his resigitaUhn is accepted by the Ic o'criLmont. 7. bisqLsahJiCatithtfOrhpoifliflteflt ac wenzbr of the Boafd.--(l ) A person :ljJ1 1)0 dtsqu-ililicd 'for' being appointed as for being, a member f Board, ii he- (a) has been convictd, b a c;irninal court for any offcncc iuvo1y moral dt:Iinquciicy and ecntenced to imprisonmCrt for 1 pi- I iocl 9f not 1es than two ye srs, and a period of yethu 'h hotc1aPscd from the date of expiry of the. period of, scncpc, ; rn nod iseliarged inoIvciit or is of unsound A.Ililld, ; Or I • ((l) is. an officer Os, suI)brdiliatc under the Board ; or (e) his chirectlr or indirectly, by himself or by aiiy partner, clriployer' or ctiiplciy; miy she 'c Or intel est in any con tract • . '? coi1uyiuchit with, by or on behalf of, the Board ; or (I) a clirec'tor or a secretary, manager or other officer of any incorporated company whir-li has any share or inteF st in any - contract: 0r employtsient willi, by or on br_half of, the Bdard 1 Suhshtutd by 10i: -------- --•• - 3741580/2019/OS-HOUSING 157 4. .. 0 (2) A peison shall not, liOwev(:i l)C di Ltali(kd wider cjanse (e) r clause (1') of sti section (1) or be decMCCI to have any spare or jntexes ny contract or cinpIoyant within the meaning of' those clauses, b' i, qx only of Ins, or the ir1corporat.1 COmpany of whiéh he ri a dliretot.,:*.e t a1.y manager or their oflicer, having a shine or intorest i 7.,-_. . . . any sale, purchase, lease or exclian.g of•immovale $opery or any ag(ecillow 104 the. same or any agiee,iejjt 104' (l:loan of . nmey.oj 0 any fleW.wapet' in which aiy adyez'tisxin e! t Tatmng,o' th affairs of the Board is inse.i'nct ; or . ., (iv) the Occasional sale to the lloard ) to. t. vaitte not exceed iu tw I thousand rupees in any one year, f' any article in which I or the umcorpoi'atecl cnpafly reguiam'Iy ti'ade., : (3) A person shall not aho be dljsclualjfiec urjder clausc (c) o'ej,u (1') 01' tmb-sectioi (1) or be deemed to hVe aiy. si:e ol , jiltIU,eft4h incorporated company which has any shaje or I int any Qnrct o LmplOymcnl with, by or on behalf, of, tbc Boatc by ie.asoxi only I Ins bun a shame-holder of' such Company ........... 0 ... I Provided that such Jerso discloses totlte Co..Vq'ntsnt th xattii'e u xtent of the shares held by him. ,, ..................... 0 I %planat ion —Foi the p1rposes of cu ,lae (d) of sul secttoJT the Uhai'nutn and the Secretary shall not be dceiedo b Mlrs ö subotdjnates of tile Board. 0 . 0• 0 8 HOFswa?j(wi anda 'llow(mees , of Ike irnja - .t b1e' Chai'mart}i4jL b paiti such hon tiam mum and alkewanccs As may, b hiceci by tI-c. UQvnrttent, 9 1 ecve ofabsenceftr I/me hqm,i,z an oznt,n( ofi OcIng Q/iairipian (I) The Government may, from time to t1e., gE4rt. to such leave as may be admisilbie unçier the t'ule, . 0 0 , •0 0 (2) Whenever ihe.i'e is. a telnporiny vy lit, the Qlipeor tlme ' . Chmakuman, the Governmnt may Appoiiit a non-oMcj rnlbe1. to 'at as hami man dum mug the J)eL mod td such VACanCy xmcj hcUt J)cty to 1dI4 PerM?n .SLICII honarariumu and allowances as mry bn f1x..d by , . them. The 'person so ' al)pOjntecl shall be dee ned for all pnrposes of this Act to be. th cilkuirmafl/ 0 . 10. Removal of ' .ion-ojficial Governmeiit 'mny 1. hy notifIcation iii the Gztt, remove any uonotfijal 1rmerber from qffice' if he has, without the permsmjssii of' the, Bi'd been ahhnu from, tiLe uieetiimgs of tl.ie l3oa4j for any pem'io4 xcecIi,ug three consectmtive timonthi or if withjn the said period less than three nmçe.tings httvj been held tie absents .iimsdi' from three COflSCCUtjVC. uleetiugs if' he has been abseimt horn the maccLings of the Board for any 1eriod exceeding that pcn'illitted under sub. SeCtion (1) ot'cctiii 11 ; or 0 3741580/2019/OS-HOUSING 158 3 h being a legal practitioner, acts or appears on bhail of any 1ron Qthev than the Board in any cvit,. Criminal Or other legal proceedings jfl which the Board is ioterestcçl either as party or otherwise ; or (d) if he has, in the opjI1ion a! the GOVCI'flfllCj)l cOnLiavened the provisions of section 27 or • (e) it' he, •n the opinion of the Government, is unsuitable or has bc'cosne iicap.tbk ot 'icting as a int,rnbet Ot h is so 'ibuscd hi, position as a • member as to render. Ith continuance as such member, detritneittal 10 the piblie interest Pmoyded that before removing a ineitibci' wider this rubseetton, lie •,. ; shall be given a reasonable opportunity to show cause why he should not be removed, () Aotiofficia1 meiber rexnoved under iy of' the provisions of - clauses (a) to (cl) of' ub.ectjoj (1). shall be disqualified for appointment as a nieuibot' for a pej'ioct. of three years from the date of his removal uidcss Otherwise: ordered by the Goveçnrnent. • (3) A. uoofficia1 mcmber emoved under cladse (e) of subsection (I) sli'iul not be eligible for ie appointment until hic is dccl ii cl by an ot d a! the Goveinment to be no Jongex ineligible 1! Ezl1ug .f, u€sual vac(ines —(1) 1 h e J3oaicl way pcliiut itily son official sncrnbet to 4bsent lumnelJ fxoixi its n1etings lot t pci tod 1101 exceeding, six months. (2) .rfj casual vacancy ii the office of a member who is pw'iuiu'cl 10 be absent tndr' subsection (1) may be filled by ts GovcrIlmeitt and aisy person appoi,1ted o fill such vctncy shall enter upon office forthwith bit shtll hold office only so long as the vacancy lasts 'ovided that the person so appointed is eligible for being al)poiJs1c1 as a xueinbev to th office of thc absent mcinbct iii acconjance with thi. " t1'noz1s of section 4 and is not chscju tliflcd undei Scct ion 7 • CHASTER Ill TRANSFER OF TFI ASSTS AWD LIABILITIES ('i;' THE CITY MPRQvEMENT TRUST OR TOWN. PLANNING TRUSTS TO THE BOARD 12, 'iransfer of Ossets and liabilities of the City Ziuproociacul 'Trust to 1Jt J.3aard.--(l) On the appointed day the Board of Ti'ustees fbi the ImproVe- ment of the Gityof Tlii.ruvanutntJiapani (hercinaft.rcfèi'rect to as the City Improvement rlj.qt) shall stand dissolved and all it3 asSets an(A liabilities shall staildi transfit'red to and vested in the 13arc1 (2) The assetS of the QLt.y IlnproveiileilL "l"riist sliull be (Immed to inc1de all rights, and pows's' and 411 j)iOperty, whetlici' n'iovabl or iinniovablc, heloIiging to oi' vested in the Ciy IitLpLovthilen( l'ruil iiicliidiiig in particular, cash balan rn ce, reserve llids, illvestents, deposits titd all 3741580/2019/OS-HOUSING 159 6 other i Cls ;uid iights i0 ol . al'isiliff out of such propCi'ty as may be in the )0S5CSl()Jl of the City Iinprovcmeiit Trust and all books of accotiflt or cloculnen Is kept or in a intained by the City Improvement Trust ; and the liabihitics of the t..ity ilfll)rOVc(TlCIlt' Tiust shah tiC deemed to imc1udcd all dcbts hiahi hi tics and oN igatiotis of whatever kind then existitig and pertaining to the City improvement Trust. 1xpi14iation. Jfl tILlS SeCtioti and in sectionS 13, 14 and 15, 'appoi14ed clay'' means the (late on which this Act comes into forcc iii the City f Tiiii'uvauantha purain. 1:3. lions/cr of pmaindcni, soperawwation andotlier li/cc fundr to 1/ic Board.- (1) Whmee the City Jmpvovemcnt; Trust has cstabllhccl a provident fund or superaiuumal iofl fund or any other like fund for the bencuit of its cinpioyCs atiti r.olistillor.d a trust in respect: there of (he)-einafter refri'cd to. as the existing t i'iist), the moneys standing to the crcdit of any such fmnid on the appointed day, together with any other assc tsbc]origing to sitch fund 5 shall subject l's the pioviSiolls of subsection (2) StanCh translrrcd to ahd vcted in the Board on the appointed day, free from any such existing trust. 'Flic Board shia hi, as soon as may be after the appohid' day COntitute iii respect of the moneys and other assets whhh are .{ram'cfrCc to and vested ill it under subsection (1), one or rdoro trustq having ubjeOls a similar to(1w objects of the (,xisting trust as mty bc rctiabhe. t' •1- \'Vhe!c all the moneys and other ass'ts belonging to. the eitlng (iust arc tritnsIered to and vested in the ]3oard tidci' tihSctitidfl . (I); ;thie trustees ol such trust, shall, as from the appontedI day, he clisehargd, ftou-. the trust, except as respects things done or omit ted to he dOnc bcftge the appointed (lay. . •o 14 LfJ'ect of ves'wg' of aSselc and I biltcs of tiLe City Iinjnomtnc)t (1) iJuiess otherwise expressly provided by or under this Pct aU çoIitrtct° agreement5 and other instruments of whatcvct' uaure subsisting or haviti c effect immediately bcforc thc appointed y cl aiid to hic1i tli Cit ., TmproVrnlCllt Trust is a party or winch are n favoiti' f .t he n. pity Improvenlent Trust shall be of as lull force lnd oSfrccClgA1llst or ifl lavoult. of the Board, as the case may be and may be enforced or actd Up0k fully and cflbctua] hy as ii, instead of the City Ipo'c1ncui Trust ;. th 3trd . had been f)l] ty t1seit.O Or as ii they had licen 'cntcrd into oi issued in, favour of the h3oird. . : (2) ii oii (Lu; appOinted day any suit, appeal or other legal .roccUing ofwhiateve.r nature by or against the Cit.y rfCpt'OVetflC11t Trust is pending thei, it shall not abate, be discontinued Or - be 'in any way prcudeahy afThc(cdl ly reason of the transfer to the l3oard of the asCtS and hiaI,ihi,tk of- due City Tnipiovenient Trust or of' any(hung t1on under thus Act, but the suit, appeal or other legal proiieediuigs ))lfly he eoiitni'icd, prosecuted and cnforccd liy oi agaisst the Board. . . S 3741580/2019/OS-HOUSING 160 Jixplaization. —4or (he 1)t1 1 P05e5 ot this sub scc:lioit, legal pmuea includes any proceeding ttndcr the Kcral;i I .aiid Aeqtiisili it Act, I ')I I (Act 21 of 1962). 15. 21'an3jer of service of existing einp1o3'ns of 1/se City Jmj;rootnwni .1 , usl 10 the Jioard.—( 1) 1vciy wliole-tinte employee, of this City Isliprove.nteuL Irusi s1ill on and from the appointed day, become alt emp1yec of the Board with such designation as the Board may determine, arid sItalt Liolsl his oIli:e therein by the smwie termur; at the Same rejimmieratiomi and rem Lime Sante Irons and conditions of service and with the same rights and pmmvilcges :is in gratuity, if arty, and other matters as he tv,ti1d, limi ye lmctd lime sat lie ii' - Act had not been passed, and shall continue to do so unless tint mImmitI lie; rcmurmerai i on, terms and conditions are diii y at icred by lit: Board l'iovidecl that time icriUte, 1CflS1JLLCI1tti0mi nicE tetlits itid i:ititdiiioiu uI - servLCc of any such eniployce shall not be altered to his tlistc1vuttagr: rvi tituiti the previous sanction of the Coverunient Provided futUer that any service icmtdred by stiett citilitoyce, >eLii the constiIutjofl of the Board shall be dccii mcd 10 be service i'i:mtrlercrl ii. uder the Board. 11 any question arises as to whether any v;tsumt was a wltuL'-t I tic employee ol the City Iniprovenmeimi 1 inst imimiedin tely hcture lime mtpfiilim u ted clay, time question shall he re6srrcd to time UOycrumm'kmmi Whilst; decision shalt be final. Notwithscam'tdiitgauytliing comttmiiuccl iii the lndi&stri;tl t)up:u-s Act, 1047 (Central Act 14 of 19-1-7) 01111 iumi) t)thtem law tot tIn: dine mite; it lot-ce the ttitnstsr oh the services 1)1 any e_Imuluyec ol , ilu: I ity Itust to tIme Board shi ill not entitle any :miiclt wiiplOec, 10 any c0ni1cn ;t1ni under thai Ai:t or oihtisr 1aw, and no sii:hm iliiimmt shall lie i:riteimanu:rt by .uiiy i:ourt, tribunal or other mitti hmurily. 16. Yrau./r of assets and liabilities /t:. oji nice i'lanjmmne 1', ian. (, I The Coycritnient may, by notification iii tIn: 1aze11c, clitei.;t Iltal any it itVui Planning Irust constituted under the Town Plartnttig Act (ACL IV 01 1106) or the Madras 'Fown Planning- Act, 1920, Marh-is (Act V II of I its any area in which this Act comes into lore; shall ott amid fuani the d:il: spccit'ted in such itotihleatiomi stand dissolved amu.l all its eecis .umid ittljilitie-, shmLl! UpOn such dissolution, stand tramtshin'rcd io ammd vested mjt tIn- Iu.ud Where any Town Planning Titist is diolvcd mmmd it5 :issi:i';,i m ti l liabilities bacotne trausterted 10 and vestei.l iii thti; - l3;ttrf tumdcr suIt n: , tm(,tm (I), the provisions of cctiOns 12, 13, 11 mind 15 1)1 din Act tititil, n I:ir may be, apply to such trmumskr amid vesting. Wiih eflct Ott amid Irocu the Jaie spta;ilictl in tIm: umtuhu ii inn tinder sub sectior (I) in respect olart area tIme proVisiOii:; 1)1 (ht:iptu:r the Town I'Laimning Act (Act I V of 1108) or mis liii: IIGw he at 1X of the Madras I'Ovyll Planning Act, 19140 ( M:ailr;ts At:i VII at I t-i slutli cease 10 be iii lbrctm itt such area. 3741580/2019/OS-HOUSING 161 U Uii s'rcR I iI1i t ERS AND tvIBMJ3BRS Of' THE STAFF OF TUB BOARJ') I / (,apf /eao' In flee Socrefarj', (eppoil ceient of JJos,g Boii'd j'ni,zeer and cif/Ie,' Il//very f//ui ceu'an.Is o/ the .Board.--'.( I) 'i'he Govcriucient may Ii'om - (1101: .J() liii F;nl( to the Sccary such leave as may he adnussible under I n rules (.) WIuccvc,r then' is a temporary Vacancy in tim Office of the ' -'cciv, hr (haii'maic shaU report the l)lattcr to the Governeiit and (lii' C >Vri'iwir I lmty ke ;1IraueeJiIeJe(s (:0 fill UP kuchi Vacancy. p (,) 'I ct lh Iac(h may with the prcvius al)1)rovah of I he Government: :Ip(luiiIt a 11111 II, tItlarri Faigiitcci'. (1) 'hr lii.iaid lliiiy saitcliOii the 'creation of' such posts in tlim establish- 0111 hr hod as it considers necessary lbs (lie effIcient: performance OF 1 lit IttIJI c' (5)'t'h1;ecretaIy shall have thepowers, in consulation with. the Public Syavic.c ( oiuinis.sion, to make appointments to (lie posts in the end tush tiieii I. of the .loard an(l he shall exercise (hic p0vci' ire such mauiier as Ii elY JIC preseli J,)CCI. 18. Power to &'ran. I leacie and /ncicish of/icars and servants of the Bofird.--'( I) iuhert itt such regulations as nay hx made under section 19, Li te pOs'ei' 'to raci( leave to I lie officers aud servants or the Board steall vest in dic • 'ci cry. (!) Sllbi ccl II, sitrle rule:; as itia' l.)C prhei'ihcd if aIy OfJiccs' lit servant its Cite i1%'Vile iii 11w Board is guilty ot' any breach of cicpai-t:mental, ritles or yI5( pole' ,t' of rtUrlCSSiitas, neglect of ' duty or other misconduct or is unfit fir /lcIflorLtv coitepc(enl to appoint .si.tcls offirei' or servant may itItf)II' till llli'iti )eIeslttLcs ott feint, iiainclv I :t :1151 ire (hi) withileoltliag oh ilbel,'Ciueul.s or promoUors including stoppage I: iii y'tl iCielecy beti' ; tedttet.ioii to a lower O.5i 01' tune-scale or to :1 lower stage iii a Ljtiie-caJe ; S line (t') recovery (rolls pay of the whole 01' part of' au' pecuniary loss caused to the Board (1) removal (Ions the service oF (lie Board whic)i shall 1101' be a disquaiiflealic) 1s fbi' lutui'c esrlpIl))rnlcnt ; (v) (Iislrtissaj from (he scrvice of' the Board which shall be ' a; (hr/qua lil1ciLo for future employment ; t'i'i>vi,lcyl that the punishment of fine shall be imposed only On the fltc;I1l)CrS 01 the last gi'adc' SCYVICC and that infliction of' heavy ftics ailcl ireqisent inflict ion of flues sheath be asioidcd. 3741580/2019/OS-HOUSING 162 9 Provided curuier that a sOk'vant of the Cciitral or State .Govcrnmcnt or • •f a local authority whose ervkcs. have been knt to the Board shah not be punished er.ept by n atthorlty 'which would have been competent to (10 so 'if his servies were tiotso lent, but the Ghairma9 orthe Board shall be • entitled to: make an cnquify ahd report against such servant to such authority. ' (3) The Sccrctaty my, pcncling enquiry, suspeudany oflicer or Scrvalit of the J3ord 0 Provided that he 'shall forthwith report the matter to the authority • '. competent to inflict punishnicnt on such officer or servant under sub-section 2) if he ts not, such authoty. " • •, 4) Aiis' Oflice'r Orservant of th&Board who is aggrieved by an order . passc.d under sub-sctioii (2) or sub.sctioi (3) may, within two rmonths from time (late of' receipt by him of sitch order, appeal 'to the Chairman if the order is passed by the Secretary; and to the Govemment if the order is pahcd by the Board, atid the Chairman of the Government as the case. nay bc may pass sucla order cm the appeal as ho or they thinks or think fit, (5) The Board may cithem' sue nw/ui or on application, call for and eamine the record of any order I)ICCL by the CJiair,iIan under sub-section (4) for the pum'psn of' sisf'ying itself as to the correctness legaiity propriety or i'cgularity of such order and may pasc such ordee with respect thereto • as ii thinks fit Provided that no application for revision shall be cntcitairtcd after the expiration of thirty days ' from th' datc ou which the order sought to. be tcvsed was re(-eived by 't1e aj)plicant. () The Government may either suo.motu or on application call for the rccri of auy order passed by thc Board under subscction (5), and rcv3csV any such order and pass such order with respect thereto as they exI thi - ' '0 re 8110 ofli anc 5CC k lit Pkovided that.ltc application for review shali.'bc' entertained, after the m'atox of, thirty, days frOm the date on which the order sought to be :cd.wàrec'èivcd'by the applicant; • Serce reguimonr —'Subject to the plovismons o.f.this Act, thc Boaxcl ,ritlj thm, previous approval of the Govornment make regula.tion$ (a). .fiii'thc sa1ar/ and allo 1warccs Of the .Sccictary Housing Board ncr aT other oflhei at servas of the Boird (b) •fi*ing the ihohut and nathre oI.security.to he furnished by any or servant from wiioi it may be dcied expedient to require c) .. fort regulating the grant of ieav of ubcIice, leave allowancs adting.allowanccs..to the office'aud acrvants pfthCBoard: /dGl/13. • • ' ' 3741580/2019/OS-HOUSING 163 10 Pi ovicit d r!i%t a sl V411L QI the Central 01 Ut' St4t( (;0viffl1q ciuploycci as all ofiiccr Ut servant Of the Jit rd studl not be .entjtied (ii leave allowance s , othu wise thall, its laid dowi in th codtciossf hjs ',ci vice widet die ( entrai or the 5tttc Govuuiten l4tiç to trxsfcr to mi cigri set vice , r (d) lot establishing arid illA i li ta i ll ijig a pr0vidnt fund, for çJJi 411 01 any of the Qfficors or suboi dinates othet chan ex yrt th (. 'riiu ii 01 the State Govcriitnexit ii tespect o whom ctitibntci tuide, section 151 to lubsci il)e to the fund at such rat6 and subject tc conditions as may be piescxibrd and fottppJrrnentin sc&clj sbcijptioi out of thi_ funds of thu. Boat d (c) loi detel"Ilining the conditions uidex which the othc ts4 servants ui any of' then.i shall on retirement* (4'eci'C pensions or or cOiilpussiuiiate ah)owances, and the aiziount 1' (such perIsioiis giivi) and compassionate allowanceS, , Maintaining ScIledule if es10Ijs/o,i,.-.Th&e Uoai'd 1a1l: prep and inauttam it sch duk of establishment befot e the lt of,'?vy of y year t !iowIng the nutrib< i (I( signauons arid gi 4des of thc.Offi er and iuhox diit'ttt (other than the employees who are paid hy the day oi'. Whosis iy d eIargeç •. to teriipOi'ary work), whom t conic1cx's .nessçu'y and pcop to . I employ lot' the jurposcs of this Ac and also the 'amount and the pa[tttrc of the salaiy, ke't anti ai1owance to be paid to '4tch sitc othççr or subc)L!ti (tinti ibut'o1is 1)4yab1c undt secttoi 151. in i es usct of ' qth oflicet and rv irç its Oft iItc, 1st iil Api lb ofthe 'same yeai flowing Un LI - , 1) 1 hc lImo ci 4hall c,',tablish t housing uutt r- for the area comprising tic city of'l'ivatxcJrtw and areas specified by he Qoveriunent 1?Y Iiotffi/C4tiOii itt thc Qei b) thti., itainc .1 he Ii iwindi ion hiQus ug Unit Ibi' the area COMPI-iSillg the city of Cuchiti and any çthieare . sjicciltecl by the (_,ovrx nm(nç by itotilicatiQii in the ( lot the a.a coinpirsln the ity of C abteit 01d inytlet are i spccifiect by the Gov i litilOtIt by ftoOfcattQn (jaztte dfld With the approval of' t.hxi,. Gov uftortit yt any oçlici an, fix Ehc dlicit perioi ziiancc of iN fiincçioi,s in it ai a 1 vuy housing unit sit ill foni jai of the cs1ab1is1 ner1t 1 o1 thee ( Boazd and shall consist of sticE officeis anti sci VaiIt's a may ?fl.idei cd u y by the Board. 0,r 4 rvei y . 1lousix1g, utlit shib1 be iii i_it uge 01 all ofhci who 's}x'xhl b' Ullder the xdniinntj attyc coiuo1 of the Ui iii iiian a nd siaii also cicet ci uch powi_is and Pu loi such dutie and I u'i tiofls, as nay be di lcgatci4 to hun by the Clian man undet seotioii 22 r 22 (_ o,it,oé avd illgnwii by (/tairman .-,'( 1 Lite Lha,imnyiii sh &lf j'ciç ovi11 supci vision such outzo1 o\cr the acts 4n1 plOCcCdWg'i 1of ull QJcez5 and siiboidi.uatesofthcj3oaid * Substituted by section 2 of Act I of 1991 II 3741580/2019/OS-HOUSING 164 11 • (2) 'I'lio Chairman may by general or special orcicr hi writing delegate • to any officer of the Board, any of his powers, duties or functions under this Act or any rules Or regulations macic there undcr except tlioe under sections • -. 24, 94, 105 and 140. • 3) 'Fhe exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (2) shall be subject to such • rCstrictions and limitations as may be imposed by the Chairman, and shall - also be subject to his control and revision. 23. G/iaiian may refet a,y question decided by the flord to the Goverumen t.- • The Chairman may, in cases where he is satisfied that any dccision of the - Board cannot in public interest be implemented,, refer such matter to the Government and the Government shall have, power to issue such directiong thereon as they deem fit. Such directions shall he binding on the Board. • - CHAPTER V CONDUCT OF BUSINESS- OF TI-IF; 'BOARD AND ITS COMMITTEES -: - 24. Meaius of the BoardL•..( 1)' The Board shall meet at such times and .placs' and shah, subject to the, provisions of sub-sections (2) and (3) observe • sttch. rul c,s , o f procedure in rcgird to transaction- of business at its. meeting (including the quorum at mcctngs) as may be prescribed by regulations - 'I'rovidcd that the Board shall meet at least once in 'a month. Elm Gb urman ot m his obscncc such member as may be chosen by the members prcsett from 'tmnong thcnisclve sh'iul preside at a mrung of ithe -Board. - All • qucstiotis"1 at any meeting of the Bord shall he decided by s misjorit' of the votes of Alic members pi esent and voting 'cod, in the * 'iso of all equ-chty of votcc the Chairm'sn, or in his absence the pci son •; rdsiding 1ialI have a second vote in addition to his first vote as a triember - of the Board.- - - (4) 'rite proceedings of the meeting of the Board sb-til be fbi waided the Government in die de1trrnient in ch'srgo of housing within seven , - pays of eVerymeeting. • • 5 .,- Temporay assoja(iou of persohs with the /Jpard for particular purposes.--- I ) I he Board may associate with itself in such rnannei and for such • pul?posc as- may be prcsciibed. by regulations, any. person whosc assistance çr advice it may desite for the puepsoc of carrying into effect an of the • provisions of this Act • Provided that the numbr of' per.soiis so - associated shall not be rTiOçci • than five. • . • - • 3741580/2019/OS-HOUSING 165 12 A person associated with the Boaid undçr sub,scctioii (1) fqr any PurPose shall have' the.right to take p- lit the, di uiious. yf th J3nrc relevant to that purpose, but shall not be muiied, a ,. miber other purpose. ' The Governuient may, by ordei' depue onq Qs xort. 'QBce!. of- th Goyernneiit to attend, any meeting of t. Bi ii, j-t t4 - - in the dhcussion of. the' Board, bttt such oIiez:s. not have the right to yote. 26. Appbintment amtfunctions'ofCmiteees.l) T?e flaidthy fzri time' to time, appoint committees cQmzsisting' of such:' iunther' of per'ors".'h', as it in ty think fit for the purpose of dischu gm'such 4utmes or pem fo mtu such functions, and ox such terms and co litions ; as- may' )t'ribd' I by regulations. " (2) The Clutirinari or such other person as he, may Oair14te'. 'in this behalf shall be the president, of the committee and the Cormiittee shall observe such rules of procedure in regard to tnausacnio of' business at its meetings as may be puescribed by ret1s. (3) All proceedings of the committee s1all be stbjeçt to conf)r.,.' ination by the. Board. 27.. Members of Board or Committee om person associated witfr'(/" Boa -d" mio( to make ftart z1s.rOeeedifl'.l' in which they are- p.rsonaIy intereste..—(Iy A iiiemnber or person associated with the BOard Or a - 'member of' . nny: comliljttee who-- - (a) has directly or indirectly, by himself or -by any partnei erispjoyer or employee, aily such sluu'e or interest as in described. 'in sub-section (1) of section 7 in respect of ally iruttlu, or - (b) - has acted piokssiomntlly in rehttiori to any matter, or hieliami!' of any pemsomt' having therein any such share or interest - as aforesaid; shall not vote or take J)art in any proceeding o1 the Board or arty eomuumittec - relating to such imiatter. (2) If any member or any person associated with IJic Board, uflder sectjn 25 or any member of a conunitteeappoiuted under secti'o 243 has, directly or indirectly, aimy beneficial iimterdst in any laud situated in an area coilIprised in any housing or impm'oveinent scIlelite fritiii:d under this Acr or iu an atca in which' it is proposed to acquire land for any of the PLRPoses of this Act,--- he shall at a x'neeting rclatin .to such area, of the Boad or any committee, ililorm the person presiding - of the naturC of such iiterest;' a nd he shall not take pai't in any proceeding relating to-such area - at a meeting of the Board or any committee. 4 a - -I. 3741580/2019/OS-HOUSING 166 13 (3) Nothing in sub-section (2) shall prevent any member . or au • person associated with the Board 1.1114er section 25 or any ruesithes' 0! r : CQmflkittce. appointed uhdr. sction 26 from voting on, or taking part in - th6 discussion of any resol4tion1 or question relatin to any subject other thn a subject referred to in. that subsection. 28 4th of the Board or (.oinrnittee to be invalidated by infoniality, • 'v4cany etc---No act dcsne orproeecting taken under this Act by thc Board • ov any committee shall be invalidated merely on the ground- (a) of any vacancy o dfect in the constitution of the Board or the ejnmittee'; Or of any defect or irregularity in the appointment of' a person acti a a member thereofr of any d,efecr or lrreg.Uarity in such act or proceeding not • -affecting the' mnrts pf the case. CIrAPTER Vi POWERS OF BO'\tU) CH.TRMAN AND SECRETARY TO INCUS 1>CPEt'TDITUR ON SCHEMES AND ENTER INTO CONTRACTS 29 Powers of Board' and iSecrrtary to incur expenditure—Subject to provision and availability of funds, expenditure may be incurred Ott my single work or scheme for carrying out any of th e purposes of' this Act- by the Secretary, in case such expeudeure does not. exceed One lakh, of rupees.; and by the Board in other cases Provided that the Secretary shall rcfY)rt the expenditure iucitrrecl by him under this section to the Board at this next meeting lot' approval. 30 Powers of Board and Secretary to approve esUmates. -•--- 'l'iie lSoat'd or the Secretary may accord approval to estimates br incurring cxpmditui'c Oil any world or schemes for carrying out any of the purposes of this Act ubjet to the like restrictioiCs and conditions imposed Ott the Board, or the ,Secrctary, as the ease uiy be, under SCCtiOii 29. 31. J?rnergensy towers of c'hair,nan.—The Chairman may in cases of emergency, djit the execution of any work or the doing of' any act which requires the sanction of the Board and the iimnediatc execution or doing of which is, in his opinion necessary for the service or sality of the public nd may also direct that the expenses of executing the work or u! doing the act shall 'be: paid from- the funds of' the Board -- Provided t'haL'---. (a)- he shall- not act under this sectionn, in contravention or any direction oI'the Board or the' Government prohibithg the CXCCtLtOfl of any particular work or the doing of any particular act 3741580/2019/OS-HOUSING 167 14 (b) lie shall report the action takeis by him under this section and the reasons therefhr to the Board at its next meeting and shall also sul)Imt a copy of his report to the Government and the Board or the Government: may issue suck directions as it or they may deem fit on such report. Power to ma/ce and perform co'ntracts.-.--(l) The Board may enter Into and porforill alt such. contracts as it may consider necessary or oxpedicut for ci Iryi 1mg out the purposci of this Adt. •. S dgree'ncuts and security deposits. (1) Every . contract shall be made on l)ellalf of the Board by the Secretary or any other officer of the Board authorised by t lie Board. ['he secretary or the officer authoriscfl under sm.tb-scctiou (1) shall take sulliciemit security deposit for the (fue performance of the contract. Wro ten agrccmen,ts .shaU be executed for every contract, trtc value of which excc.ccis five hundred rupees. Every contract made by the Secretary or the offiocr authoriscd wirier 5111)-section (I) the value of which exceeds ten thousand. rupees, shall be reported to the Board at its next mctiflg. :34 lu ri/ic, provisions as to execuimo,z of, contracts and agreements.— (1)1. Subject to the provisions of' Sections 32 and 33 contracts oiz agienettts - shall be muiacic on executed in accordance with such nles 'y: be prcscrtbcd, (2) A contract oragrccnicmil mttde or e.xcutcd in corttavèutlon of •. the provisions of this Act or the Rules or . regulations mztde thçb. .under., 1 shall not he binding on the Báard. 35. Signing oJ instruments and the . rgi.rtration qf such ins(rurn'hts.'----0) 'I'lic Secretary or any officer of the Boar4 atzthoriscd it ivriting b the. Board in this behalf may sign on bchalf of the Botrd any, agrcmpent I. or other i nsf rwnent to be executed on behi[f of the .I3oa,-th S Nolwit hs[anding anything contained in the [udian Reghü'atiot Act, 1908 (Central' Act 16 of 1.908) it shall not bencccssar the Secretary or an ofhcer of the Board referred to in sub-section (I) to appeal' in PC50' 1 or by agent at any registration office in any proreebug ,coiusecte.ct, with the registration of any instrument exeeu(cd by him in hii Oflici4l - ' capacity or to sign as provided in Section 58 of that Aci, . Where any ihstrument is so c>tecutcd, the rcgisVring oicer. to. : whom such instrument is Ptc:e1tccl for registration may, if he. thinks fit, refer to the Secretary Or an officer of. t he Board referred to in sub-tcetion (1) for iiilori'nat.ion respecting the StOne and shall, on being muatisficd of the cxeCutioU thereof register the. instrument, S S 3741580/2019/OS-HOUSING 168 15 Giv's vu MOUSING Q :1M?0VEM'1 SUMEs 36 Potçr of tIi Boay4 ( undertake housing or iniroveme,it bchemes and w incir x&nd;iz4rI (I) Subjcct to th ovisions of tius Act, the Bo rid in'> 11 on tune to tlrrke, lcur expendituzie and undertaki woi ks lot liii pi-cparation and C cutton of such housing or tmptov tuent schemes as it iii ty cortsidei necessary. ..:. .Thc QQVCVIIIuCOt. nlay pn such terms and conch lions a1 they may 'tl1ink fit to impose, traisfer to the Board tite execution of arty • thoujng or iirtproyezuet scheme not 'provided for by' this Act, and the - Boatd ha1l thereupon uudet''oke the execution of such schemes as if it had been provided for by this Act. The Board niy, on jUch teiis and conditions as ma y he agreed upon, take over fbr execution any 'lOusing Or improvement scheme undertaken by a local authority and the Board shall execute such SuIjcj ljc as ifit had been provided for by this Act. 37, iawer of Government to transfer any land belonging to or vested in them or acquirtd uneler.e/me Kern 1c'Lad Acqui,c'itjon Act, to the Board. ---Wliemieyer the Government conskki' it expedient or necessary, for the purpose of Clearance, or improvement of aiy 4um area, to transfer any land in such area belonging to or vested in them or acquired under the provisiolts Of the Kerala Land Aquisitiori Act, 1061 (Act 21 of 1962), fiji the l)U1Poscs of slwne1,ance they 'may do so on such terms and conditions as they may thinkfit to •ir1pose ;' and direct the Board to undertake tiit; clearance or ilnprovejneiit of that area and to frame and execute such housing or improvemen t sche -ne under this Act as the Government may, specify?, and he Board shall thereupon undertake the same f'or execution' as ifit had been prOvided for by this Act. IJous&ig r. iniproveiint scheme when to be framed by the board—A housjng, or improvement sIiene may be framed by the Board on its own •zflotjon or at th instance of.. the 'Government ui i local authority. • 39. Boardmay''igree or ref irse iv frame and execute a /wusmn or improve- ment sc/ic,ne.—Th .oard may agree to frame and execute a housing or inprpvement scheme at the instance of a local authority if the Board is satisfied that uch 'scheme is necessary and the funds at its disposal permit • the firaxiii,4 and thç c?decutiQn of such scheme, or may refine to frame and ececute sac,h scheme if it is satisfied that it is either unnecessary or not • ;feasiblc qz'. ttat it i otherwise unexcutble, - (2) 4ny local authority' deeniing itself agg'4eved by the refusal 'of the Bodrd' under'.qbseetjon (1) may,. within two months from the date of receipt of.the order fsuch refual, appeal to the Government who may 'pass such 1 ordcrs thereon as they think fit ,'and it shall he the.' duty of the Board 'to give effect to such ordcr3, accordingly. 3741580/2019/OS-HOUSING 169 16 'It). Mel frr.c o be provided by housing vi impi ovemeiii.sc/ie,nes..--.NotWith- standing anything contained in any other law for the time being in f(?rcc, a housing or improvement schemes may provide for all or any of the following matters, namely : the acquisition by l5urchase, exchange, or otherwise, ' - property nccesary for or affected by the execution of Ihq. scheme ; . • the laying or re-laying out of any, land comprised . ii the scheme ; the distribution or re-distribution of sites bcloniitg to "oWners' " of the P1'peity comprised in the schçme (ci) the closure or demolition of dwellings or portions of. .clw0ii98 unfit For human habitation (c) the deuiolitioii of obstructive buildings or portion oi,btildiiigs ; (I') the construction and re-construction of buildings ; (g) the sale, lease or exchange of any' property colnprisedlh the 1 (ii) the construction and alteration of roads, streets, back1ipics,' bridgcs. culvert s 2111(1 causeways ' 4 (i) the dI'41 milk , water supply and lighting of the streets includcd in the scheme the provision of open parks, playing ficlçls and open space. for the benefit of any area comprisod in the scheme or ahy adjoining asea, .arrd :1 the enlargement of existing Parks, playing 'fields, open 'spaccS. and approaches the pi'o'isioii oSaiiitnry arrangements rctluirC 'for the area 'corn- prised in the scheme, including the conscevaciomi of and proveiltioli' OF m- iry or cofliaminatien to rivers or other sources and Indans of water supply ; Oic provision of accoinmnodatioji for any class of iti1'iabitiits 1.. (mu) the advance of money for the purposes of the sclicfle ' . s '. the 1provision ol' facilities for communication and transIt '... . 4.'. the collection. ol such inIbrmatmon and: statistics as sti' i.i necessary for the p irposes of this Act the reclamation or reservation of lands for rnarkets, garscns ,. playing Fields and afl'orest'at ion Oic pi ovision of schools, parks, swmlucmmg pools, rest 1urants I, shops, markets, fuel depo)s, laundries, hair drcssimig 'aloc'ns amenities ill the scheme and (i) ally othet initter for which in th opssriin OFhe(GDtC1 it is expeclmciit to in skr 1)10vnmo1 with. a vww to piov.icle hense '.aOOni 1, j modation aid to the iml)rOvCflicllt of aiiy arci ceinl1rised lin,.;th&.me. or of any adjoining area or the general efficieny'of tJc.chc.' 3741580/2019/OS-HOUSING 170 .17 ExPlanation-_For the purposes of this section, the Government may, by notification iii the Gazette specify such arca Surrounding or adjoirnrig the area included in a housing or improvemcrjcchcinc to be the adjoining Type.r of IwtIsing or imrovnze,,( scIieins.(J) Any housing or inip),overrie) I it. scheme shall be of btic of the lolh)wing types, or Conibination of my two or more such tosay types. 01. of any special fcaturcs thereof that is (a) a -house accommodation sclIcmc (1) for the poor scctions of the people having i an income not cx- .ceecling Rs .2,000 per annum especially for scheduled castes and schcluled tiibes, (ii) for others. a rcbujJdjn. scheme a rehousing or rehabilitation scheme a city or town or 'illagc Cpansion schcme a streot chcme a deferred street scheme a land development: scheme a gprieral improve merit scheme an oco accothiodatjon scheme an icclucational i:istitution accom: nocjatj o n schemes a health iastituijóiiaccoiniflocla( ion scheme ; and (I) a tourjs accommodtjon scheme, (2) Notwi'hstanding anything contained in sub-section (1), the Board 1iy UO tfloIU or at tho i!jSttOCC of the Govcrjllndjnt iriine a scheme or schenios o tlo grant of loari atvaiices to priv.tte individuals, local bodies )r otjier organitions for housing purposes subject to such term Ii s and con-ios as may be laid dowri in thc chcine or schemes .4 yidcd that thc terms and conditions of the schemes framed at the of the government shall be subject to their approval vicicd further that the provisions in .sction 50 to 57 shall not the Schms .tratned tinder this sub-scctjn, House Accoinniodajo, z Sc/zcme.__(I) Whcncver the Board is of that'it.i oxPc(Iicnt Or necessary to meet, the need I'or house acconi- . ariy area, the Bdard may frarric a house accommodatio n Such Scheme shall specify the lay out of the area 'where the re to be constructed, Such scheme 1nay'prodde for the donstructioti of housçs and for the iñg Ô'tit or sale on hirpu-chse bssis ol any house so constructed. 61/B. I 4 3741580/2019/OS-HOUSING 171 - 18 (4) 'h lfoat'd tnay provide, in the area rQads . reets up.ply; street lighting and other amenities. •1 43 Jc/.iui/diii.g Sc/,ein.--(l ) Whetuwer it appears to the Baid 04Ms'yl area is an, itisanitary ,srea within the meaning of sctiQn 49 and tbt hang . regard to the corpaative value or the bui1c1iug 'itt 'such ave sites on which they arc 'erected, the most sa'tifactoxy .. with the area or any purt thereof is a Tel)uilctirtg chn'iVb !I3a rj .ny flame a rebuilding scheme 1'r the whole area or ny part of it 4xceor fancc with the J)rovisions of this section. (2) A rebuilding scliciue may P'o'k ftu'-' the i'csevl1ion of roads, streets, lanes and open spaces ad tho enliu'gciiieiit of the existing roads, streets, l4rtes and open pnees 'to :suh extent as may be tlecenary IN Qc puMosm of the shen .; •,• . the ic-laying on of' the sites of 'the.'itz'et upon itreet'; lanes and open s})aces so i'rservcr4 or enlarged the payment of COJn1)eflSatiOLl in i'Cj)ect o.fy stt)h atiO.rt or enlargement and he Iormauon of' roads, strt, hwes and, opn, paqe o reserved 01' cii Lti'gd ' the i e & onsti uction altciatmon 01 d,ensobto t1 thst. elstmng butldiitgs and then appurtanams by the owxmtns or by Boad in 4 lult of (la ownLi s and the ci odiIQn of j)uildtflgs in h ot,d,nco with tlit. slrn by the said owners, or by the Bqavd in dQfà.ult of' 'the Owns , uptxm 'tiw. . sites as defined uticler the schcn ; . . , ........ (c) tli& tdvaflLr to the OWflLI ' upoO SUCh tet rtu maci waynu,httOns as 10 iitlCl'CSL, sit&kiitg lund, and othr matters as miiy be pro•vid'd ir .tha. •. sclieiuie, of ucli sums as nsity be nec ssaI'y to utssmSt 'them . to' 'r1Q5tvi,ICt . ' S or ahtm exist mi buildings or tO .eL'&ICI new bui!diitgs 'iii o&ilditnc, .wih I I te SCIICI1Ie and (I ) he mequisiliOlt by the Bost'd oh' uti' situ ot' buiktin c&mipriscd in Lime i&I',Ia included UI iic scheme, 44. J 1 ,çj n re-h abut-la/ion se/wruc',.....W hcnyei' the Board 'is Of upitti011 tInt t it is necessary for pei'Sons who--' arc displaced by time executiOn 01 any housing or ittsprovemetn scheme simctionccl under this Act, or . S are likely to he rtispJwcd by the - CXJCI,ttiOtl - 01 any -housing ot' iIupt'ovcimt;n& schi'ciiie which it is int':rtded IC) lt'ttifle- 'tt,itcjei' is -Act, 'or ate surphs in any schem tie area, die l30a1-d tiny l'raiit' a rclsousitu seltoin' hot' the cousti'uetiqts, t11tCAt . aisec and muariztgeiric:flt ol sue's nutrtbq' Oh dweILixt houses and 414pps '4s Lila>' be t'cquited, or may fl'aiite a i'yhabihicadoim solleme lr )rQV1d,1flg' tth tiumber or Open plots With toads, streets, and open •spa as ay b ttCCcSSitl'Y. . ,: 3741580/2019/OS-HOUSING 172 19 45. Cüy is of opinion expansions or an expansion schernô., (2) The' cx tnsi,oi, scheme may be framed in respect of an area winch lies wbolty within or wholly outside the.' hirnit of the •city, town 01' villae, OH iji. respect of an area which lies partly. Wit'hiii and partly outside tho city, town or village. () Such. scheme shall spccil' the proposed lay out of lhc area to be dcve1opd. a.Txd, tho purposes for which' particular portions thereof a - re to be ' utihised. Afer any such schcinc has conic into •(rco, no person shall, without the prcviotis permission of the Board, creel, re-erect, acid to, or aLtei any- building or wall within the aica comprised in the scheme. if the Board refuses to grant permission to any pei'SOIi to erect, rc-ärcct,. add to, or alter, any building or wall on his land in the ai'ca - aforesaid, and' does-, not prOceed to acquire such land within one year from the datc or' such- refusal, the Bowd 'shll pay reasonable compensation to such person, for any damage stistaiiied by him in consequence of such refusal, 4. Streei theme.--( 1) Whcncvor the Board is of of)iruiorl that lot' the purpose of---- providing buiWing, silni, or remedying defective. ventilation , Or (c). creaung; new. or i-mpiovmg- existing mcan C coutmwtical ion and - facilities for traffic, or affording- bct-fa3litics for conservancy, it is expedient to lay out new streets or alter hxisting strce.ts (including bridges, cause- ways and culverts) in any area, the Board may fi'amc a sheet .schcme for such area. - (2) A street scheme may, within the Lititils of the ai'Ca COflIpi'i.SC(l ii) the scheme provide for thô following matters, iamely:---- • (a),- the acqussition. Of -any land wt'iichi, in the Opinion of the. Board, is iccssaiy, for the street scheme ;- (h) there-laying out of all or any oC the lands so acquired including the construction and Cc-cOnst'ruct:ioh of buildingr by the Beard Or by ,crsons auttor-iscd' by the Board' in that' behah' and the laying out 5 construction and alte'at!on of streets and through fares the draining, water supply and lightiug of streets and through- fars so laid, Øut, e.onstucte.cL or altered I ('d) the-raising., lowering, 'or' reclamation of any land vetc,( in, or to be acquired by the Board for ,(he purposes of the scheme. or Towfl oi Villiga expansion /, (I) \'Vlieiii:vcr the Brand that it is expedient: to control and provide for the future development' of a city, town or- village, the Board may. frame SChC1I1C and Spci I'y the I irne. limit 1,r the txe.cutiOn of such 3741580/2019/OS-HOUSING 173 20 (e) the plovision of opcii SPtCCS for the better ventilatioii of th comprised in the scheme ; and are4 S (f tile acquisition of any 1,,tllcl ad,joning any street, thoroqghfare, or Open 53CC to be lbrmed tmcer the 47 Defyre1 s1ret c/im.—( 1) Wheneve t' the Board is of opi ion that it is necessary to [)rOVide for the ultimate wicleiiizig df any street by altering tile existing 'l1gi1iuens of such sti cet to unproved il1giitneIts to be l)Lescrbed by the Board, but that is not necessay immediately to acquire all 0f , any .f the properties lying within the proposed ixrproved ahigsiment the Jord niay fiasne a "deicrrd scr'ect scheme" prescribing an alighmet onach ii:le of the stTcet and specify the time limit for tile execution of suh schhe, (2) A deferred street scheme shall provide for the following matters iiuncly;_ the acquisition of' the whole or any part of aiiy property lying .virhin the prescribed Street al ignineizts within the çiine limit speciGed iii the .:hie which may he extended by the l3oard frou. time to time Piovnicd th tt such tune limit including the ettensi't gt'anted by th e oard shall in no case exceed twenty. years ft'om the date of ânctiou of. the the re-laying out of' all or any such popeity including the con. iuction and 1'ccansU'(ictiofl of buildings by die l3ord or by any otjier • •;tSOii, and the formation and alignment of ' the strect the draining, water supply and lighting of the altered. street so fbrmed (3) After a cletlrred street scheme has been sanctioned by the Board- no person shad, except with the Written permission of the Board iect, re-erect, and to Or alter any buildirt or wall so as to make the same • oject into the prescribed alignm ent o f the street if the board fails to acquire or to istitutc proceedings for . the .cdfUisitiQfl of' any propeFty within the pL'cscribej alignment of aiiy. Street itliiii the tune ii mm r SpcLiIlcd in the scheme or extended by it, the owner of cli h)ioperty may, at any time theieafter, give the Board notice reqtmirg aj acquire or to illstitute proceedings fr the acquisition of NLAch property, .:forc the expiration of' six months from the date of such nqtice and tjiere ,ou the Board shah I acquire, or institute such procecdmigs andacquire the •..pemty accordingly and if the Board uiiils to do so, it shall pay reasonable • upemisarion to the Owner for any damage sustained by him in consequence • such fiiilu bc1'or Pt'OCeediug to acquire aily pi'opei'ty lymmig within the cc'ibed dhig:mnvmt or thestrcet othei' Lh.utpruperty regarding which it 115 a notice under clause (b), the Board shall give ix mnothis' not ice lie owner of cue intent ion to acquire such propei'ty 5 3741580/2019/OS-HOUSING 174 21 (d) Notwithstanding anyth)ing contained in the Kerala Municipal Corporaciori s Act, 1961 (Act 30 of 1961), the Ket'ala Municipalities At, 190 (Act 14 of, 1961), the Gtuuvayur Township Act, 1961 (Act 43 of 1961) 3 or, ill arty notification i4suç1 u4cfer, section 142 of the Kerola Pancllayats Act, 1960 (4ct.32 of 1960), th Cunci1 of the Corporation 1 a city or a Municipal Council, or che. Guiuvayur Township Committee or a Pauchayai shall iot have the power to prsct'ib any alignment of' a stt'eet within the limits of the scheme, and-any. 'such alignment 1)reviously prescribed within arch limits shall cease to b e tlt alignment of' the street, -• 48. Land Development &/zeze,__-( 1) Whenever the Board is of' opinion that it is expedient to provide bui lWng sites in any area, the Boai':l may frame a land cleveloprnet schehie. Such scheme shall pecUIy the propoed layott of' the area to be dve1oped and the purposes,for. which Particular portions thei'eol'at e to be utilised.. The Board may provide for roads, streets, Open, spaces, drainage water supply audstreet lighting and - other amenities for the sclscmeaL'ra, The J3oard may, lense out or sell, by outright sale or ott hire purchase basis; the building sites in the scheme area. 49 Censral tmprovemenf sc/ieme.—Whenever it appears to the Board-- - (a) that in any area, any buildings used or intended or likely to he used as, dwelling houses arcs unfit for human habitation, o r (b) that danger to the health of the iuluabita)uts of' l)uil(lizlgs in any ''rea, or to buildings in the neighbourhood of' such az-ca is likely to be caused by- the narj'owfless, closeness, or bad arrangement or condition of Strcets or buildings or groups of buUdings in such area, or the want of light, air, ventilation or piOp n r COItVctticIICcs i such area, or any other sanilary defects iii such area, the Board may frame a Ge,ierl Improvement Scheme in respect of such area. 50. Preparation, publication and 1ransirjssjon of notice (iS to /wusiu or iTizprooe;nent schemes and supply of documents 19 applscanls.—_( I) When ;tny housing or improvement scheme has been framed, the Board shall prepare a notice to that eflèct and specify,.- (a) the boundaries of the area comprised in the scheme, and (h) the place or places at which particular's of the scheuie, a map of the area, and details of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterinett iie, Jzlay be scott at reasonable hours. 3741580/2019/OS-HOUSING 175 22 (2) The Board shall- [(a) cause the said notice to be published in the Gazette or in two daily news lap having wide circulation in the locality in which the area CompriSed Iii the scheme is situate, specifying the period up, to which the objections will be received ; and (b) scud a copy of the notice to the local ai.ttliority concerned .; (3') Ihie Secretary shall cause, copies of, all: documents rcferre& to in clause (b) of'sub-se.ction (L) to be dchyc.red lo any appIiant 011 payment i.Y the fee fixed by the Board. 51. flmi.rmi.vsion to tie' Board of ,'eptesenlalwn by /ul concernad IQSaI a4hort1 as /zoucie tinprori;meu/ cc/z,ne.—Thje local authori tyts whom a opy of a notice has been sent imdor cla,.sse (b) of sub scctjOt (2).. bf.section 50 shall, within a 1)r.riod of sixty clays from tho recei1yt of the said copy, forward to. the beard ar1' repi'c;crttation which the local authority wishes to make regarding Ow scheme. ' 52. Atoljo ?par(1inI' f.'ro/nLcai to rcconer hettiirnien je.-.—( 1) Within the three weekc fohhow;ng the clay on Which any notice is 1 [publishcdF uudcr . section 50 its respect of any housing ar improvement scheme, the Board chall serve a notice in such form as may be prescribed on every pe'son. W1!105 name appears in the asscssnLent list, of tlie local aiihority, concerned a5 , beiax, m priarily liable to pay pro pci'ty tax on any building or land in regard to - which the Board proposes to recover bettcrmcnt fee. ' A copy of the notice shall also be affixed in every such premises. Every such notice shall he signed by , the. Serctary or by a. person duly authorisr.d by him in that bchalti . (l) Any person on whom a notice under sub-section (1) has been served may, within thirty days from the service of the notice, make a representatio.n in writing to the Board stating his objection to thc scheme. 53. 1"urinshuip v/ copies or iixlracl/ from the a.rsssment hook oJ' the ioaj authoriiy.—'lhc. executive ollicci' of a local authority shall, at the request of the Secretary, Rinii-sh him with a copy of, or an extract. from, asscs,stncnt list oh' the local authority.. 54. Abandonment, modification or .caiu:tion of a housing or imroec,nizt ,cchenui- (1) After cotisicicring the obectians and rcpcsentations,. if any 5 reciived imi pursuance ol'sub-scccton (2) of section 50,, section 5.1 and sub-sectioi. (4); O section 52 and alter hearing. the persons who,, having raised any sucll objections or tuide. any such representations, dcsirc, to.bc heard,. theBQ.rd : may either al:,andou or modify or sanction the scheme., or al?ply to tho Governitient ftr.sanctiois with such modifications, if any asthe J3oard'may consi(ler neemsary if the cost of the scheme exceeds ten laklis of rupce. Subsi ituced l)y'.ScCtion 2 of Act .21 of 19111 '. Substitutedyse.ction 3 of Act 21 of 1981. 3741580/2019/OS-HOUSING 176 2$ (2) Thc Government may sanCtiOn. with OF without niodification, r may rofsø to :sanction or may retien for reconsideration art)' housing or ii)proverneut scheme costing over ten lakhs of rupees submitLed to diem uflder suhscctin }) (3) ri a chemo 'retursied for reconsideration nailer sub-secdon (2) is modified by tie, 13pard, it shall be repitblishrd in aceorduitee with section 50— iii every casin w.hich. th modification affects the boundaries of the area comprised in, tIjeohertie, or involves the acquisition oNioy land not previ9usly prQposcd to b&acq(tired ; and in .very.other Ge, where •thc toodilication is, in Usc ol)iniwi o f the Joatd, o'f,ufEc1ent .imporxanc'e to require republication. 55. Publication. ojsanclion fhor4sin,g or unroi'rmcit .che,,i c -- (1) Whenever the 13oar1 or tliq Governmeitsantion a housing or unproverndnc scheitie, it sh.11 'he announced by notMcatin in the Gazette Pryided that wlicaever the Biard sanctions a scheme with fl&t)djfiCatjQfls if ary, it shall cause notice to that cct to be published weekly for two consccntivc weeks ri the Gazette and. in two leading daily newspapers in the State, • (2) The j)ubjjcatjofl of tlse notification or notice wider subscctou (I in respect of any scheme shall Le conclusive evidence thai the scht:iiu has 'beer duly fruud and sncdoned, (3) .Aiiy perso.vs :aggieVed by the decision of the Board sintetionisig a ihousing.ot' improVement 'scheme may, within thirty days Ii'orri the date of' • last •pizblicationtin the Gazette of the said scheme appeal to the Qoveritinetit and 'the decision of the Governrneiit on such appeal shall be final and sisall not be Iiabk to be questioned in any court of law, (4) The wscfieine shall come into force and shall have effect.— where no appoal h prelerrctl, under sub-sctiou (3), on and from the expiry ofthe-thirty days referred to in that sub-section ; and where such appeal is preferred, on and horn the date of t he dceisiou of the Goverurnent on such appeal. 56 The Board to execule /souiis, or inprvvr1nrn I ichruzes soon t,ffrr SwtI oo As 51)011 as rniy be after a housing or improvement scheust-, other than it deferred trcet scheme or expansion scheme, has come into force, the Board shall proced to execute the same. 57. Alteration of a housing or zniprousment scheme (ijief 50(5 Cl ion,-•--A I any time aL'ter ahouing or ilnproveiiscrll scheme hiss becu sanctioned by the Board or the Government as the case may be, arid before it Inn been carried rsto execution, the Bossrd may after or cancel ii 3741580/2019/OS-HOUSING 177 24 Pi'ovcicd hat---- (a) Ii arty tIter ition is likely to inreaso thu estimttccj uat otof exccltiw a scheme by more than ten per cent of the total' cost,i- if any altered schemc is likely (0 cost snore than ten lakhs of. rupees, the alteration shall not he made without the previous Sanction of the Government';' (h) II am' alteration involves the acquisition, otherwise "than by' ar':aneffl , of any land 1101 previously proposact to be acquired in thci' ôrigirtal seliense, the procedure P1'Ctihed in the 'tsgOtng SiiCtLOJi of this Chapter shall, so lar as it may be applicable, be followed as if the alteration Word a ' separate Sc hcanc (c) if, Owuig to any alteration, any land not previously liabic u,idep the sclie,iie to the payi'nent of a bcttcrjnei-tt (ie becomes' liabh'to 'suds payment, lie lFocecluie prescribed in section,s 50, 51 and 52 shall, ZOO far - as ii may be applicable, be follOwed in regard to' such land : Pi'oVj(le(t mit icr I hal. no scheme costing over ten lakhs of rupees shall he t'iiiccllel under this sectiou without the previous sasction of the C;OVCiiU1ifl I. I s/iloualinn I oi the put fX)SCs of this sOction, the tt.rm "iltcr 10011'' shall be ciceinet I to include a COmhilnatioli of twO'i' mOre schänts fiedor 1 p'd to be h amed and the cxircssjon ''altered scheme" shall be deemed to nicludc any schcnic so conihiisecl. 58. 1 ran .Ffrl (a Board Jar Purposrs of iinrovcnteni scheme of J-'uildi,tzg or Ian'! vested iii focal (wiIlorsly.'----( I ) 'Whenever any building or land or any sti cci or any part tltcr'eof Well is situated ithi the jutisdictioi1 of a local aittlionly and is vested in such local authority, is within ('he any liousnig or iluproveincut scheme, the Board häl1 give notice accoiftingly to that local alit fiority and such building, lahd or street or any Pait ' thereof shall thereupon vcst in the Board. (2) Wli crc coy land situated wit un the juisdiction of a IocuJ 'authto- Fit)' vests in i lit: Poarcl unrici' the prosrisi on as of ub-scction (1) "ahdt1'tc Board makes it cleclai-atioii that such hand wihl'be retained 'by, the 'Board :. only until it re','csts in the local authorit y as part of it strcct 0s'aii Of)ti space tinder section 62, no compensation shall bc i5ayablc by thc Board tO - c' the local nut liority in respect f that land. ('t) Wlici , iiny b u ildi ng, or I-sort vests in the Botrd undei the provisions of sub s tlon (I) iiirl iso drclai i.tion is rn -ide uiidei Sill) section (2) in rrspvct of the I -intl the ho-nd shall pay to the Joe-ti authni ity is cmtcn s-'uion -i sum equal to t lie mit kct ViJUC of sudi building 'br land a' oil the ci tic oii st iii Is tlt' schciin comes into fos cc Undel section 55 -ijid wiucte tny OlWhtg sit ii 'lcd on Be And in repcct of witich a decl-u ittOu h-is been irv'd by the Brruid isiith't sub ,cction (2) us ve0ed in, the Boatc imcti sub s' cliomi (I), liki cOnipeus-itmon shalt be payablq tiji x cspc-ct. of such building ly the Boaid. ' ' I, 3741580/2019/OS-HOUSING 178 25 II, in any case, where at the l3o'cl has made a d r ccla,ttion in respect of any land unclr sub-section (2), the Boa'.d detains Or di nses 01 the lan(I contrary to the tor?ns of the declaration, so that the laud don not rovest in the local autliorit y, the Board shall pay, to I. he local nuthor t v, C•)mpeli- sation in rcspcc( of such land in accordance with the provisions of sub- section (3). If any question or dispute arises as to whet her compensation is • payable under sub-section (3) or sub-cntion (4), or, as to the ;tmouiit of such compensation or as to whcthct any building, land or street, or any part thereof, is rcqui ed 12r the i'•poses ol lie sclicnic, the niatter shall be 'ef'errcd to the Government whOse ddcision shall be final. 59. Traitsfer of firivate street or sqorzre to Board for fturftos of Iwusing or improvement sthc;ne..-_-(l) Whenever any private street or scjuarc or part thereof, which is not vested in thô Board- or in a local authority is required for cxccutin. any housing or ilnprovernentschieine, the Board shall cause to he affixed in a conspicuous place in or near such street or square or part, a notice signed by the Sicrctary and stating the purpose for which the street or square or part thirc of is.icquird, •and declaring that the Board' will, on or aftcr a date to be specified in the notice, take over charge of such street or square or part, from the owisr thereof, and shall siniultaheously send a copy of such notice to the owicr of such strcet or square or part. () After considering the objectiom, if any, rcccicd in writing before thedate spccificcl udct clause (b) of sub-section (1), the Board may takc over charge of such street or square Or part, and the Sante shah there upon J3 vcs* iii the oat'd: When the Boat- d4litas or closes any private street Cr square or reof which has Vested in it uc1er oubsection (2). it shall' pily Ic compensation to the previous owner for the loss of his rights If the alteration or closing of' any such Street or Square or pan niagc or substantial. inccnvcnidnce to owiiei's of Property adjacent )r to residents iu the neighbourhood, the Board slnill forthwith )mc othir rcasonal,le illca,1s of access for the USC of persons who tIed to use such street or sepiare or part as a means pt acdess to any or place ud if the provision of such means Of' access does not y COmpcnsate. any such ownci' or resident for suCIA damage 01' ence, the Board shall also pay him reasonable compcnsaeiori, aT to aPPlication of ceridin laws of a local au(/lor?y 'regarding clostire,--.J, of the rovisionsof the Kerala Municipal Corporations Act, 1961 ,f 1961 the Keral i MUnicip-ihitic- Act, 1 960 (Act 14 of 1961), :ci'aI. PanchayaO Act,, 19,60 (Act 32.o.f 1960), as relate to main- • rcpairs of public streets, closurc of public streets or parts tllcrcof, i/B. 3741580/2019/OS-HOUSING 179 26 divet'tuig a' I urn ilig pubi te StieCtS Or parts thereoCanct to CtLSpOs'41 of' the l',tttd winch 1.5 00 lOilgel' req to "ccl \V11CJj any public Street is I)t'ivaneilt1y closed, shall not apply lu any street Wich is vesed in the Board. (2) Such of the provisions of tiLe Cuitetnieflis speclied in sl)seCUQn (1) as relate to tcinpotai'y closttre or streets, ])rccautions dw'ing L'LJ)t11I'5 91 I streetS and pi'OSCCLU iOn against reulc)visl O l)itL'S Wd ligths sludi not apply to the Board when any drain or premises vested iti the local aittiiority is opened or l)l'UkciL ho h\' the Board or any 1)hLbC sneer is under constructoit by the Buat'd, 61 161111irl of .1r(s cs(cij in 1/je Board. - -' Whiceyei' the Itoai'c[ allovy4 jiijy Street vtpd iii it (0 be LISCCI for puI)IiC n'auflc, it shall lceep the Street i. good repair ancdo all tlung.s necessary iot' the sa1i1y and convenience 01' persOtS uniiig. it, 62 'Jrwisjiiin ,,irn'/i laid ota or (tl(cfd and open sp(tccs pioiiidd tty Me 11 110(11(1 uitdi (I /lOI(iS1t 01 (lii impt(weln ent sc/ienie'—(1 ) The lloarct may Itançl Over any toad or sireet to thin local au.thoi'ty conce'ued after giving. pup 1UOt1thL'S nOtice, wliciii ' ' (a) any sitcit road or street laid out 01' alt'ed by the 13oarcl has l,eett duly levelled, metalied, flagged, chaundlcd, seyet'ed and drainect iii the tnaiwei' j)I'OVidled ill tite scheme snucuonect by the Boai'd or the Oovet'nninnt tiitcjct' s(Cti01i 14. (h) latiij pt)StS ticcessary for the liglidjig of such slWet lowe l)een provided by the Board and (c) walni' and other .sai(itai'y COnVCLlieRccS have been clitly ploYldedi it such Streets, The local authority concerned may, alter l'cecivtng tltc flOtiCC iI'oni the Board ittidei' sub-section (1), declare the street to be a pu.bli sheet ; and the Street shall til(t'ciIpon vest in NO local authority ; ancL.shal thencc'loi'dt hi; ,tntintatttcct, kept in repair, lighted and cleattscd hy the iuctl attiliut'ity. \Vliett arty Open space lot' the put'puses ol VetO ihihiOti or i'cct'cadOit mis been pt'ovided by the lloitt'(j in tlXeciitilg art)' hOusing Or ittfit'OyQiileItt sefteitie, -ii'-. shall, oil co'npleuou, be 1 t'ajlsferTcd to the local authority Coilcerited by a l'esoltttion of the l3oai'd and it Oiall thet'eupon vest in the local itUtlLOt'i iy cortcet'ned and t hei'eaute' he ianiittaittcd by that Jocal ito tftoi'ity its I 15 cpC1lSe Provided that the local authority Lila)' i'eqtihl'e thtc Board bd'orc any such opeit space is so ti'anskri'ect to enclose, level, turf,, drain and layout such spitce arid provide loot-path therein , aurt if' necessary to pt'ovide lamps and other apparatus IN light iug it. It' any dtfl'ctettce of Optmolt arises lictwCon dte Buat'd and tlç joe -al ituthtority III respect Of any in-aLter i'elèi'rcd to in tito. forgoing pt'ovisioi1s of' this Section, the mattci' shalt be referred t') the Ooyer1inent whose dcci8iort shall be final, * 3741580/2019/OS-HOUSING 180 27 I'- 63 Prcvnijou or restriction of traffic in ctreqt vested in the Board, dining progress of work.----.( I ) When aity work which may lawRilly be done is being executed by the II oatd in any st rect vcstod in it, the Board may dircct that such stiect shall during the progress of such work, be either wholly ci' partially closed to traulic generally or to ti-atTic ni any specilied. description. (2) When any such clirccticni has beoti givcn , the Boa ri shall set up in a conspicuous positioh in or itear 1 lie strec I an oider prohibiting traffic to the extent so directed, and fist such bars, clia iris, or posts across or ill the street as it may thhi k proper for preventing or restricting traffic therein. - 64. Piovis ion of fiicifiiies when work is e.veculed hi' the 1/card in public sirecir vetted in it..—( 1) When any work is being executed by the Board ill any pllic street vested in it, the Board shall, so far as may reasonably be practicable, makc adequate provision for- -- the passage or diversion o1 traffic eS securing accs to all premises approached from such street ; and any drainage, water supply, or means of lighting which is -. interrupted by reason of the execution of the work. (2) '1. 4hc Board shall pay reasonable compensation 10 any persOn who sustains special clitmage by reason of the execution oI any such work. 65. l'oWer of Ehe. IJOärd to turn or close pith ftc s/reel or squate tested in (I.) The Board may----. - (a) turn, divert, discontinue the public use of, or pcinitneiitly close any, public Street Vegted - in it or any part thereof ; or (b) direOntitiuc the public use of; or permanently c1o.se any public vested in: it or any pail thicoi. () Whendver ihBrdtlisontinucs the ptblic use of or permanently cldtet an' ptiblic strect eted in it or any part thCrcof, it shall pay reaso- nailc. .compenatiori to every person who was cntiticd, nthcrwic than as a miilcr Of:thc public, to use such street or part as means of access, and ha stI!Thrcd d artlagc from -such diScon tinuanccor closing. I (j3) Whicnevr the Board disc.ont ucs the public use ol Or pe 'manently loLcs; my public sqUai vc',t( d Ut it ot my pat t thii cot, it shtll pay rcsoiablb cOmpensation to ever) person who was cntjticcl, otheiwicc than t xieinber- of the publIc, to use such square Is a means -or () When any public Strect or square vested in the Boa,d, or any part hdrcdf, is permanentiy closed undôr sub sect ion (I), the Board, may si:hl or 14c$o much of the tame as is no longer required. • Power of the l3twrd to )-plain lanes not meant for vehicular twi;thstancling auything contained in seCtion 64, the Board may retain any an nht mcantfOr vchiouiav -traffic and 'may enter into an agreement with he1 loal authority concerned or any other person For the supervision, -eprir i lighting and general managemcnt of any laric So retanied, 3741580/2019/OS-HOUSING 181 28 1 67. Oih, ththes oJ the Board. - It shall also he tile: dt;ty of the Boird take measi.ucs with a view. - (I) (0 plan and co-ordinate all lousing activities in th State, an4 t • ensure expcdiiios and efficient implelilen tatioii hot;sing for iiiirpve - R scheme in the State 2) to provide tccbical advice and serutinise all projCcts ttnçler housing r imprOvcrfleiit cliemcs spOiisotcd or nsisted by (he Qeritral ot' State Goveriiinejst ; .. () to maintain, allot, lease and Otherwise use plots buildings and othet J)rOpertics of the Board or the Covcrnmcnt, :i to collect rents JIord he plOpcities under the contro.l and managellwiltof the I3oard and repay loafls to the Ceiitri I and Stiuc Governments; to set up a research section for the purpose of expediting jhe coustrucuwi of, and cheapening the cost of building, artcl: to organise and run workshops and s'es:j' ;iaiu1cure, sale, stockpiliag and supply of building materials required for housing or in1pro'c_ merit scheims. 68. Superuntou and crn(age cliarges.---l'he l3ord may include fl te cost of au housing or iliuprovement sclieiiie framed b' it or any other work uutckr- taken by it, Sttpervisioii and centage charges aç such rates as may be fixed byit: I Provided jrii( the rate so £IX&1 shall nQt b more than twelve auci a half' per cent of (he cost of the scheme or work. 69. Rower of Governme,ii (0 cal/for the records qf the Board and to raodfy, annual, rk, housing or i/nrove7nent .climes,—. (1) Not witlisuihding anything coiitaiuiecL iri the foregoing provisions, of. this Oliipt3r Lle Government may, at any time in the case of any housing or. .ilflprôverrlejit s:iieine which is 1)r01.sOsed to be flawed or which has heed framed by the ci' wisicti is being executed by it, calf for and examine the records .hc Board relating to such scheme 'and if, aher making the exuninatiod and tfter consictci'ing the I'eprserttations,' if any, of the Board and the 1oe1 nitisority conccrnud it appears to the Goveriunent that ilch scheme should c modified anuullccl or reinuited l'Or reconsideration to the Board or that iucli scheme should be executed with modiItcatioiis, they may pass orders ccordingIy Provided that the Coveririont shall not order the mocljfjcatioi or the iiuiiih,nent of a selwuie iiuicler this section without giving the person likely to be. adversely affected by such an order a reasonable opportuuity di being (2) The Covel'Imnlent may stay the execution of, any stcli sCeni pending the CXercise of their powers uiucicr subection (1) in rspest tltet'eof, 3741580/2019/OS-HOUSING 182 29 (3) Any housing or improvement scheme which itus already conic into force but has been n0c1i1ied by rite Covci'nlilcnt tinder sub-section shall Jiav elTect as if it has he4n cltdy sanctioned by the Boufld under section 54. The scheme as rnodiec1 shall be published in accordance with the provjons of' sections 55 and on such publication the scheme .50 mdilIed shall Come iuo force and shall 'bave. efiect. 70 rowr to excnipt.-.j-The QOVCIIIJ Lien I n1Ly ill pttblic interest, by notification in the GazQtte, 1 exempt subject to such eonclitjos and rtstrictions as may be secifi çd in. stic.lt notifications, any housing 01 - improvement schemes 1 fi- m a1! or any oh the provisions of , tlds Chapter. viii ACQUISITIQN1ANI) DISlOSA[, 01,' L\Ni) J'ower to acquire latiqi under the Land 4cquisiliwi Act, -Any lai I or any interest therCin rcquired by the prd for, any of the purposes of this !\el • may be acquired under tlé povisions o' the Kerala Land AeqimiiLiwi Act, 1961 (Act 21 of1962). rower to purchase or, iea4 by agreenient.- --The Board Iliay (-nici' into agrecillent with any person for he acquisition Irom him liv l)wchasc, lease oc exchange, of any land or any iflterest therein which iiiity be acquti-ed under scctioli 71 Proyithecj that if the value of such land om: interest exceeds lilly thoitsund rupees, tlj loard hahl not ente' into such ngleelnem\t without the previous approval of the C overimsent. Power to disime of land. --.(i) The Board may rd-lain or may 'case sell, exchange or otherwise dispose of aity laud vested in or aeqimuerl by it under this Act. - (2) Whenever the Board decides to lease or sell ally land acquim'ed by it under this Act froiti arty-person,- it shall give notice by advertisenment iii one of the leadiiii local newspapers in the State, and - It shall offer to the said per.soii, or his heirs executors ot administrators, has prior, right to take on lease or 10 purchilsesuch laud for an amount or at a mate to be fixed by the Board, if the Board coimsiders that such an ohTer can be made without detriment to the Ciiit out the pui, poscs of' this Act. - (3) If in any case two or more persons claim to have the l°° right referred to in clause (b) of sub-section (2) prekrenee shall bo given to the who agrees to pay the highest amount of i'ate lU1 the land, not being less than the aniotint or zitc fixed by the Board under that in clause. 3741580/2019/OS-HOUSING 183 31) ChIAPTuR IX hl';VY, AssESsMl)\rr Al) REOOVERY OF BETTERMI.;NII' FEE 74 Pouncol of betIerineo(fe&.... (I) When by the cxceution of a housing or iTIlproveInent schcmc, any land in the area comprised in the schcmo winch -is not rcqtt iced for the execution thcrcof wiU, in the opinion of thc J3oard, be incrcws&d in value, the Board, iii fiaming the schcmc, may declare thac betternicot lee shall be payable by the owner of the land or any pCFSOI1 having ill interest therein in respect of the increase iii value of the land resilltillf, from Ow execution of the scheme. (2) Such increase in value shall be the amount by which the valuó of I he land on t lie con plctioui of the cxecu I ion of the scheni e estimated. as if' the land wc'rr clear o bu;klings, exceeds the value of the - land 1 )rior to the execution ni thu: scl:euruc estimated in the like manner, and the l)CtteViflClit fcc, shall l)c. ()fle-l)il1 of such increase in value, (3) The Boa rri may, with the previous approval or the Govcrnmiit, cicdai'e that such bcttcrmnt icc shall also be payable in rcspcct of any'laid. not oiuipi ISCO in dic scheme but is adj cent. to the area COj)1 ised in the scheme if such land svihl be increased in value consequent on the ccdutioñ of a housing or improvement scheme in the area comprised in the schiej'nf Provided that the Board, shall, before deelariig that any bctternicnC'fet shall be payable under this sub-section, serve a noticli in such form as' may. be pccscribc.d on every person ishosc name appears in •thc. asscsshcnt lit of the local authority concerned as being primarily liable to pay property tax 1. on ally building or hi.i'id in iegaid to which the Board P10P05C5 to dccltic th it such bcttcu ment fic shall be pay-ibic and thetcupon the provisloils or sub-sections (2), (3) and (4) ofscction 52 shall apply to every notkc ;srvd , U ncicr dlis p u'o ViSU. ...., 75. Assc.cs,nrnl of hctfrrinc,it fee by the hoard aid nOtice to persons liabl,' Ia.. I) When it appcar.s to the Board i.at a housing or iiflpr.OVC-. . ment scheme is sufficiently advanced to enable the anp1int of the betterment fee to lie cic(ci Iu'iInc(l, ihc Bo-iid shall by a u esohtion passed in this 1)Ch1f (Iccl-sic tlrni for the pwpose of cicteimining such fsc the xection of th SCheme ,h ill be deemed to hvc becn completed and shh1 theicupon giV notice In WIlting to evei y pczson on whom a notice in respect of land to b ass( sscd h us bs en scu vcd under ckusc (t) of sub SCCtiofl (1) of section 5) ct to the sw ccssou In intri est of such pci son, as the clse m sy be, that the Boiid pioposcs to mess the amount of the be ii ttencnt fee p-syablc in respect t of such land under section 74. , - (2) I lie J3oii ci sh dl then assess the -sinount of bettci nwnt fee payable by each pcu'SOn concci'ned, after giving such person an opportunity to -be. .. lIC21-Cl and such person shall, within one month ftoin the ' .dátc*. of receipt of notice iii writing of such assessment from the Boned, infotrn the. Board in \vritiag whether or not he accepts the assessment. . 3741580/2019/OS-HOUSING 184 31 Wheti the ilssesiniola pet sosed by the Lo,iid is .icccpte 'I by persois concerned withi:i the period s1elhed iii SUI)-seCtiuil (2) , su:h ase.ss- iflcfll shall be final. If the person concerned does not accept the assessnien t utade by the Board or fai1sto infoim the Board its requircd under sub-section (2) within the period specified therein, the matter shall be eckned to (ile Tribunal. The Tribunal shall, after holding an inquiry, and idler hearing the person concerned, asSess the ainottrtt of l)etterlfleut fee payable by the J)(Z8(>fl. 7 Board to give notice to person liable to pay/neal oj , j betiernient Ji'e. -Whu the amount oh' all betterment fees payable in respect of land in die area comprised in the scheme and hi' respect Of land not cuiiipiiscd iii the scheroc aL•ea but is adjacen; to the area comprised in the schetite referred to in sub-secuon (3) of sectiOn 74. has beets determined under section 7 the Board shall, by it noticé in writing 'to be served on all peisorts liable to such paymnenc, fIx a date by which such payments shall he made, and interest at the rate of fotu' and a half per cci t per annuinupon any a titan ill i,t - standing shalt be payable from that date: Provided that any person liable as afritesaid may make payment, if lie so chooses, in such number of annual instalmençs not exceeding tea as Board may determine. 77. Agreement to in a/ce betterment fee a c/large on land.----( I ) Any persuti liable to pay it betterment fee' iii respect of any land iitay, at his Option instead of paying the same to the Board, CxecutC an agreelnejit with he Board to leav the paysrient outstanding as a charge on his juiciest iii the land, subject to the annual payment iii pei)Ctuity of interest iii the rate of six per cent per annum, or the rate fixed by the Board from Ullie to tiltie ubjct to the approval oh' the Government, the fIrst annual payisietit 01 such ilitereSt to be made one year from the date referred to iii section 76 (2) 1vry uay1n1lt due fm'omn any person in respect of it bei terinent fee and every charge referred to in sub-section (1) shall miotwithscamaiing anything contained in any other enactment and notwithstanding the extension of any mortgage, or other charge whether legal or equitubic, createçl either before or aftcr the commencement of this Act, be the !!rst charge UpOn the interest of such person III each laud subject to the prior payment of the basic tax under the Kerala Land Tax Act, I 9(31 and tIle Plantation Tax payable under the Kerala Plantation (A(ldi tiottai 'I'ax) Act, 1960. () If any imistatineot of ' interest due under an agrecinemit executed in pursuance of sub-section (1) be not paid on the date Ott which it is due, the betterment fee sIall become payable on that date, in addition to the said instalment. 3741580/2019/OS-HOUSING 185 (f) Ai any ti nie ;Icr an agreement has been executed in pursuance ol .subseeti)J, (I ) any person may pa)' off the charge created thereby with the Interest tue iupio be date of such payment. (5) When greement in respect of any land has been cxccutcd by any person lii plrsuaw:c of sLtf)SeOl ion (I), no MAL with respcct to such agreement shall La' brought against t!ic Board by any other person (except an hcii, cxecut,,r oi adnii nistrator of (lie person first afircsaid) claiming to have an interest ii the laud. 78 Ro'ove;y of ?flOnev3 payable in pursuance of.scclions 71, 76 and 77.—Ah1 moneys p yabir in respect of any land by any person in rcspcct of a bttcr- incnt fcc wider section 74 or section 76orbv any person under an aiu'ceuicnt execUted ill piIrstniijcc Of .subtcetion (1) of s2ction 77 shall, together with. Interest due uipin the date ol' rca lisation, be recoverable by the Board from the s;iid person or his succcssor-iri-intci'cst in such land; as an arrear of Pd)] IC i•r' iii IC (1 IC Oil land 4pein'n1 paJ'mdnt of betterment. fee not to liar acquisition under fresh (lCClOHiI;O?I. - - i(' aiiv land in respeCt of which the payment of a bcttcrincot fee has been areep ad in pursuance of subsection (3) of section 75or in .r051)cct of whj.h in a r',uI1ent regarding the betterment fcc has been cxecutccl uiidtsr SCCI ion 77, be slibsequently required for any of the purposes of t:his Act ) the payment or agreement, shall not be deemed to prevent the aqiiiitiôa of the land on' lee the Ke.rala Land Acquisition Act, 1961 (Act, 21 or 1962). CHAPTER X IiONS'Fi'lij l'ION OF TRIBUNAL AND ITS FUNCTIONS Constitutioti if a Tribunal for certain Purposcs.—( I) Notwithstamiding anytliiw Coal ained in the Kerala Land Acquisition Act, 1961 ( Act'2 I Of I 9?) the Govcrnnient may Constitute si Tribunal for the purpose of porfornthmg the functions of the ( Duet with refem ence to tIme acquisition of land fOr the Board under the said Act, for clecidinr; dipuics rclatin to levy or asscissn1cn of bcc'nmnt ibe and for deciding nch other matters as may hi; prscribcd. (:) liic 't'rjf;'minai shall consist of one person only who shall be a judicial officer nt below the tank of a Subod mate judge. (3) '['tic 'l'ri buiial. shall havc the same powers as arc.vcstcd in a Civil Court lildel' the Code of Civill'roccdtim' e , 1908 (Cn.tra1 Act 5 of W08) 8! . Ojlier.s and sU/ior,iina(es '?! the Tr.ibuna/,-.._'.fjc T?ibunai ma-y,'-witl i 'the previous sancl ion or the t iovernment, ;sppoin.t such officers and si:mbord.iate s as it considers ii ceessary for carrying on its business •ard the m'c1OtimiOrt.ifl and other dO)IClitiOi)S of . service of such officers and sahordiatcs l'LaJl be such as may he :n'cscr bed. . 62. Payment by Board on account of' Tril'une,i, —The amouflt necesiiry for the payilient of rc)nulicration, salaries, allowances a nd othcr cohti'jhtjrii payable to the judicial officer, appointed as the Tribunal andof the and subnMimaes or We ].'ribumial shall be 1id out of thc finids of'thiel3tjard'": 3741580/2019/OS-HOUSING 186 83. Appeals from ato'zrds a]' Tribunal. --. (I) Notwitltst udiitr anyt hi tig t o the contrary contaihcd in the K'rala Luid Accjuisition Act, 1961 (Act 21 of 1962), but subject to the pr0viLons of subsection (2) the award of the Ii 11)U11t1 i.a iclation to th LC1II ni tiori of 1111(1 shill be clectited to be the award of the court undcr the .nid Act, Any person whoidocs not agree to he ainourti of (he. compensation awarded by the Tribunal for the land acc1uircd for the Board under the tKi'al.'t Land Acqniiioit Act, 1961. (Act 21 c)f 1962)), or to the persons to Whom it is payable pr to the appot'titivncitt oh' ,th cotnpensat'on itiTioUlit, those perons may, within sixty days frti t}c dttc of thr award of thc Tribunal i)rCICt' an appeal to Cl High Court - Irovidccl that thc'i-ligh. Court may cntcttaijt the appeal after (he cx1:Jidy of thd said pôriod of sitty days, if it is sa tisfied that the appellant was prevented by sufficient cause from Wing the appeal in time. Ay award of the Tribunal referred to in suln ctioii (1) shall, subject to subsection (2) and any decistoit of the Tribunal on any mfic refrréd to i1tntdr this Act shall be Final arid shall fbi be liable to be questioned in any court of law U!. Awards and ordert of Tribunal to be 'xcuted by Civil Courts.- --Every award of he Tribunal and cvc1'' oidcr made by lu 'l'ii bitital lbr he payrwi.f of mo icy, lot tlit tIc ltvet y of posscssclots to lot e novtl of OIV si ur tw c sIn!! be ei1oi ci b the iiboi 1trite Jucle's ('rntrt ha tug jut isdietion oci the aroaj ii which h;e land eanccrtiec hi lie j)i'. iccecti igs of' he Fribitual h sit(oU'. as if itWere t lm dtc'e of ln sst Id Urn1"i'En X) 1OWER TO EVX(Y1": PEtStiNS i'R )M BOAftD P1 EMISES 03. Power. to evict / eitfm Board rs/iti3'CS.'—(!) I! (he Competent au1 ority is sis1Ied- • ('i) that thc peisoti iuthot Acd o oc' upy toy ilpat ci pi emtst9 has - (i) hot paid rent lawful! .. uc from him in iespcCt of SUCI • pen tids for apertod of more (han two stioil,s ; or 1 . ( ii).sub1ct, without thc jkiinissiot oh' fhc Bot'd, lhc whole 01' any part of such criises , ot (111) othot wnc n.tcd ii cntt cVuttiOii of uiy ul the tOt 105, e\p C ot i ip1tJciI, undet which ho is to thoiised to net upy such p1 cnitss , or (b) that wy persoi is itt ilil tnt!uo ised OCCUO tto of (lie Boit ci pi Clntst._ the ontpetcnt authority in y, notiv: thstattd iiig anything contained ITt uy law ci the tune being in fw cc, by io ticu set ved (i) by s cgistci ccl 1.Osi, 01 (u) y aII1xtng a copy of i e on th ouler door or som othcr CoItspicUo.uts pat't oiuch p'nrs, o' t,ili) in such, other manuci' as may b pi'cseribcd, orde at the peroii authoi'isecl to o.eupy 's well as any ohci' person dit, may bo1 in occupation of the whole c. any p'ç of' the premises shalt vacate flirt wuhin one mout6 of titc date of the seivice of ' the notice 3/1356/B 3741580/2019/OS-HOUSING 187 34 Bcfie au order under sulaccion ()tis mçje,ixgaiut . Pe9cH the COflipetelic utho'iy siaIl i4r1u the per)n 3 hyj Ixtce xx wPttfl)g 4 sex ved 11) tIxe tTI 1IIUt pi OVU.iL(t Sd Wit O flOUt c 1idct tdiou ',i) of the ,iotiixd (01 WIUL I tho p upQ'i ox dci' to mtce ii UonalJh.. oppoi LuULy to oIfç i an ixi Itort 411d to J)tQd xvçc, i day, and (0 ShOW CI4SL why ttch o dcx 'dflflhid 1Qt lie 'xiiade to bi pccified c ili suh riQUCt' ii The cotnpetcxt iithxoxity in iy on, tpp qitxqp v"e- sx.ttcot) the pii iod spccihecJ, itI SuCh iQtxcc Wi SLtCIO tel s to JA 0x'e rtvy t of the xinouu Ii! ixined us t he ixçitxcc lie çfqin ft (1) ix1y ii iticu st4tdWL,xt put iii by su.ix p , suit d dcuzsi it pxoctuccd in pulnuanc e of such ilOtliC shall be fi1 ci with the xods of hc Ui, and udi pit us sIx xlt bo cijittlo d to p oceibng 1 cit ltctu ISOi& or by j )IL L(IC( 4 1 r any painyi xciuss ox ht4s to coxJxply wxh all Qxdt fli4de unctex sxxbs_ttou (1), the onxpctcnt duthox ily may eVict that pit son, hitfl, 'xd ke 0sesu0n of tin. p .11uics trid in ty lox ihit puip n,e uclx ioxcQ im may be jlcLissai y 11 it person shohas been ordered to vdcaé Any priulgii , UL) chxusc (i) or (u) of cl çiusc (a) of sub sctn,m (I) wuhttt otc nouth 9t the date orsrvice of be noc.e or such longer itxies dxc Co up 1. uxay alloW, pays o hc Uoarci the Teix,iit arx'e: i or cat'z'iCs 9u pç: PtltexWA$i coixiplies with lic terxixs coitravcnec1 by ixitix (0 (he at kactvn of ttxxc co,'flpçn. no fxoriy, as lte case may be, tlxe C4i111)Cept ixuthtot'ity. shaD; ix JLu of: cvictuxg siClt person unclex subscttomx () ctntcol its (i1dc1 1 made ttxdxu soxijiectioxo (I) nod thereupon such p6mi shfl\II hold oic pretutses on hc 3O IC tellilS On which lix: held (helix iniixxettialely beloxe s0ch IIQ(lce was civeiI ott hi ui xplo,xonsoix..—For the pILIpOSeS or this SectiOn, 'ttXI(I section U& x eXpj-(:SSi0JI Hit tuthiorised OCt tt Oit 1011 ' H i elatton iç any po i t011 an,tlxox ised iti OCCUpy apy boux d pxexxiscS, IxOCIIL1cS tiLe cOIttilltLiLIlt3C Hi occpuLoJl':.by, lx lilt 01 by aixy p& t bOlt cl,xInhtix1 Liii 11 or ttudt 1nn Qi th pi iitLlsCs uftci tile aittixority LLlt(L&1' which 11' was ? owexi (t) OcCupy Uiv 'pret1i4e, has ken. ituily dciii ittnted tiG Powti to ieovei Pont or cI(inulgou as cii rscu ui' pubxc I dVsjflc tli aix I) Subjict CU uxy uIc xn,ide by tilt ()Oyo rflrrxefxt xix this bt_lxdlt 'tild wi th out prCjudxcc to ihi piovishons uL o cUoxI 85, wixci e 4xxy peioxx t at of ILISI p4ydblo Ill espc t of arty i3oax ci pittus s the coitxp& U itt çtuthtouy may by notice served I (i) by iêgiuered'post : or (ii)' by xIfi rg --4Goy. of jt'pn the outit d ioi 01 sOme 9tlILl' COiiS1)lC1,x0U purr of such w imises, op (xxx) in such other •iiuunner as may k'presciibed order' that- pci -sot to pay he amo WLtIIIUSL4CIL Little nOt bfing less than ten days as lixay 'be 'speihied' id the too ice 'IT such person refuses or 'fails to pa>' the arrears or rent 'withiln' the -. tine scpc'hied' in the notice, such arrears lila>' be i -ceo) vcrcd as 'hr1 - at' 'of piihh xi ievcx tue clue' oix 11411(1. ' 3741580/2019/OS-HOUSING 188 '",.. 3D Where any person is in uOaUtllOrlSe(i occt4pation of. Board premises the. competent authority may in the prccribcd ninner, .sscss such damages ;1 O.CCOUI1t of the. use and occupation of the premises as it may dcetn'flL, and may, by noticeScrVcd in the manner povicIed ir SCFVICC notice under 'subsection (1), order' that person to pay the dama's. within such time as may be spificd in tile notice. IF any persoil rcklgC3 or tails to pay 'the damages within the timcspCcifie(l in the noticc (he dai19c 5 !may be reCoverer1 from him as arrears of public revofluc due on land. No order shall be made under' subsection (2) until after the iSSUC of notice in witihg to the person calling on him to show cause, within such ,period a may be secificd in sdcli OtiCO, why su n ch order should ot be • made, ajid until his objretion, if any, and any, evidence he may produce in supprt of thc;sanc have been considered by the comiet ciii an tliority. 87' Ap/iea1--(l)' Any , person aggrieved by an om;der of the competent • authority undr tioñ85 or ic G tioYi .86 may, within one month from the date of service of the notieC of such ordcr, prefer an appeal to the Government • Provtdec1 that t1 16 Government may entertain the appeal aftCr time exp1r) of the said pciod 0f OJiC month, if they are satisfled that the appl1ant w prevented by sufficiClit CUSC from iilmg the 2ppcal in 'inle (2) OiireCcipt of an appel undcr suhscction(l) the' GovernmnCfl may, after calling for a report from the compeU nt awhotity and ilter jamiiUch further. inquiry ifany.,'as maybe necessary, pass such orders as thy'tiink fit, andthö.orcler 'th o. shall be final. ()' oh such appesi being' refcrred, thcGovernmfleflt may stay the cxc uton' of!the order of tub Conitbnt authority for such periO(l and' on sue 60nolifions ag tliey.thitk fits •8 Rent to be recoored from deduct ion from salary or wages in certain ca-ses, Subjbct to the proviihns orsction 85 any peison.who is an employee of tic Government om Iou-il 'trithority and who has beau allotte I an Boatd tiyCxecutO ail agrcetnctst in favour of'th •t1 ~m.rd prc,viding that theIOvcrmneIt of the toe ti audiom sty, as the e isa uirty be, imciem or by Wh*nl he is eiip1o'cd shall be competent to deduct from the. salary or wacpayable t,.hini such amourt as may be specified in çhc agreetrient an4 to pai tile amou it so ded'i ted to the B trc1 ii s'tiisfaetmm of the rent dw by him in repe' or the Bo ird pron'mos allotted to him 1(2) On thee,tccut!on ofsacli agi'eemncet, thcQoverflmeflt')l iic local autjiom!ity, as the case may be shall, if so rc:1uired by the ,Botrd by ncquidmtlon in wutmn in ike ibm. de 1w non of thi amount specified mr thm i eqhmsltioti fi urn the salat y or wigcs of. the erriploycc specified tire requisition in cerc1ancc'Yith tl agreement, and' P-Y the arnoufltSO dlediucied çø: tiiç 3741580/2019/OS-HOUSING 189 30 89. hap oJ juiutljcljo,t pjCour1s.No order alade by the or the competent anthority in the exrcise of' any pQWer coufèi'red by. uadei this chaptci shall be i ailed in question tit any coat t wd no , shall be granted by any court or other atitlioi'ity in respect oil ady cio: ' taken or tçJ be taken in pursuance 01 any I)owei' conferred. l)y. or rirtctc' tbs c. chaptet'.. . / . ... Cuipsrn "I1 f"1NANCh 90, B OURI 'S fin d. (1) The Board sisal I have its own fsnd, .' lloot'd sony accept grants, l,)vrntiOis, dorttiorts and ils li'tns tht eitti'tl or State Qoyethment 01' local iu1iEn'ity,. os- any iudivictual or body whether incorporated or not, f' - all or any of the iu'poscs of this Act. All noney received by or on behalfof' tho Board by virtOc of this c\cr, all pz'uccecls of laud or any other kirtd of property sold by the Board, all seats am.l all interest, profits and othet: moneys accruing t9 the Board lwll constitute the fund of' the Board. Subject to the provisions OF subec'tioji (5) all mQneys atscj I (_clph spccslit cl in t lie 161 - cgoing pi oviston itid lot ming p sit of thc fuud of' the Bo4ed shall be deposited into the public a of he CoversuyenC antler such, detailed head of' account as may bd.prescribecj,, and' the ,tsaid account shall be operated . upon by such officers 'of' the Board as 'may be authorised by the Board anti in such sniannet' a.s fuay 'be PiCSCribecl: Provided that the Boi'd may invest any rins ot i'equii'ect fiv isisniejiate use in such sccufitje5 or Ltel)Cuturcs as may be approved- by the Guvernisient . . , Notwitlutandiisg anything contained in sitbssctiou (4'), jho Board may deposit in the Resci'v Bank oh' India or in ahy' Sclst;dulecl 'flank any amousit not exceeding such sum as may be presi'ibecj for the Qj)ei'atiQfl oh an account with such Bttk, anti such account shall be' operated upon b such ofbcei' of' the Board as may be authoi'ised by the flonz'd and ju-s(cls mariner as 'amy be pi'escribed. . . ' ixp1ancasw,,.-_Foj the 1)tU'POse of this section, the leses-ve fiatk of .hall mean the Reserve Bank of' India colistiluted undes' the Resçi've, flank .,,f India Act, 1934 (Ccnti'aJ Act 1934), and a Scheduled flank shall mean a bank included in the Second Sehecl ule to the said Act, 91. Subve,sijwjs and loans to ' the I3oard,----.TJie (overnnzseijt irue to. Uiflc snake subvciii ions pt advartce loans to 'the l3oarcl-.cite- pw'poses Of this Act on such lerlm and conclitic>m as the Qôvet'mnIent-na y , detei'nij. 3741580/2019/OS-HOUSING 190 37 •92 Yoir f' Iliq Board to, borrow and 1rnd.'(l) S&thjecT.t