The Andhra Pradesh Housing Board Act, 1956.
**THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956**

**Act No XLVI of 1956**

**ARRANGEMENT OF SECTIONS**

**CHAPTER – I**

**PRELIMINARY**

1. Short title, extent and commencement

2. Definitions

**CHAPTER – II**

**ESTABLISHMENT OF THE BOARD**

3. Incorporation

4. Constitution of the Board

4-A. Omitted

5. Leave of absence of Chairman

6. Disqualification for appointment on Board

7. Term of office and conditions of service
8. Vacancy of a member

9. Vacancy to be filled

10. Vacancy or irregularities not to invalidate the proceedings

11. Appointment of Committees

12. Meetings of the Board

13. Power to make contracts

13-A. Appointment of Vice-Chairman and Housing Commissioner

14. Execution of contracts

15. Further Provision as to execution of contracts

16. Application of Service Rules and Certain other rules

17. Appointment of Officers & Servants

18. Conditions of service of Officers and servants
18-A. Delegation
19. Absorption of the existing staff of the Hyderabad City Improvement Board
and the Secunderabad Town Improvement Trust by the Board

20. General disqualification of all Officers and servants

**CHAPTER – III**

**HOUSING SCHEMES**

21. Duty of Board to undertake housing schemes

21-A. Creation of subsidiaries


-----

21-B. Activities of subsidiaries

22. Matters to be provided for by housing schemes

22-A. Declaration of intention to make a housing scheme

23. No housing scheme to be made for area included in improvement scheme
or be inconsistent with town planning scheme

24. Preparation and submission of annual housing programme, budget and
establishment schedule

25. Programme to be published for inviting suggestion and objections

26. Sanction to Programme, budget and Establishment Schedule

27. Publication of sanctioned programme

28. Supplementary programme budget and establishment schedule

29. Variation of programme by Board after it is sanctioned

30. Sanctioned Housing Schemes to be executed

31. Publication of housing scheme in the Andhra Pradesh Gazette

32. Transfer to the Board for purposes of housing scheme of land vested in
local authority

33. Compensation in respect of land vested in the Board

34. Power of Board to turn or close public street vested in it

35. Reference to Tribunal in case of dispute under sections 33 or 34

36. Vesting in local authority of street laid out or altered and open space
provided by the Board under housing scheme

37. Other duties of the Board

38. Reconstitution of plots

39. Power to exempt schemes from provisions of section 24 to 31

**CHAPTER – IV**

**ACQUISITION AND DISPOSAL OF LAND**

40. Power to purchase or lease by agreement

40-A. Modification of the Land Acquisition Act, 1894

40-B. Payment of Compensation

40-C. Power of Government to transfer Government land to the Board.

41. Betterment charges

42. Notice to persons liable for betterment charges

43. Agreement for payment of betterment charges

44. Recovery of betterment charges


-----

45. Power to dispose of land

46. Disputes regarding reconstitution of plots

**CHAPTER – V**

**TRIBUNAL**

47. Constitution of the Tribunal

48. Duties of Tribunal

49. Omitted

50. Powers of and procedure before Tribunal

51. Decision of Tribunal to be final

**CHAPTER-VI**

**POWER TO EVICT PERSONS FROM BOARD PREMISES**

52. Power to evict certain persons from Board premises

53. Power to recover rent or damages

54. Rent to be recovered by deductions from salary or wages in certain cases

55. Appeal

56. Procedure and powers of competent authority and appellate authority

57. Bar of Jurisdiction of Civil Courts

**CHAPTER – VII**

**FINANCE ACCOUNTS AND AUDIT**

58. Board’s Fund

59. Application of the fund

60. Expenditure in case of urgency

61. Subventions and loans to the Board

62. Power of Board to borrow

63. Accounts and Audit

64. Concurrent and special audits of accounts

**CHAPTER VIII**

**MISCELLANEOUS**

65. Reports

66. Other statements and returns

67. Power of entry

68. Notice of suit against Board

69. Triennial valuation of assets and liabilities of the Board


-----

70. Power to make Rules

71. Regulations

72. Power to make bye-laws

73. Penalty for contravention of bye-laws

74. Penalty for obstructing etc.

75. Penalty for contravention of any provisions of Chapter VI and for
obstructing lawful exercise of power thereunder

76. Authority for prosecution

77. Certain persons to be public servants

78. Protection of action taken under this Act

79. Government’s powers of supervision

80. Default in performance of duty

81. Dissolution of the Board

81-A. Power to remove difficulties

82. Repeal and saving


-----

**THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956**

**Act No XLVI of 1956**

[5[th] October 1956]

**AN ACT TO PROVIDE FOR MEASURES TO BE TAKEN TO DEAL WITH AND**
**SATISFY THE NEED OF HOUSING ACCOMMODATION.**

1[Whereas, the Directive Principles of State Policy command the State to
promote the welfare of the people and providing housing is essential for
promoting the welfare of the people;

And whereas, there is a serious need for housing accommodation in the
State for several sections of the society;

And whereas, the Andhra Pradesh Housing Board was established under
the Act as an agent and an extended arm to the State by discharging the duty
of the State for providing housing to the various classes of the people including
poor, low income and the middle income groups, in particular, people
belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and
Minority Communities;

And whereas, various governmental powers and privileges have been
conferred on the Andhra Pradesh Housing Board for discharging the said
duties;

And whereas, such Board would hold all the land on behalf of the State
and enter into various actions/transactions on behalf of the State for the
purpose of providing housing to the needy and developments of housing
infrastructure;

And whereas, all the powers and functions exercised by the Andhra
Pradesh Housing Board are deemed to have been exercised by the State of
Andhra Pradesh and property and income of the Andhra Pradesh Housing
Board shall always be deemed to be that of the State falling under Article
289(1) of the Constitution of India;

Accordingly, the Board is vested with the various powers and privileges of
the State to discharge the responsibility of the State for providing housing
accommodation.]

Be it enacted in the seventh year of our republic as follows:
**CHAPTER – I**

**PRELIMINARY**

2[1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Housing Board Act, 1956.

2. It extends to the whole of the State of Andhra Pradesh.

3. It shall come into force on such date and in such areas as the State
Government may, by notification in the Andhra Pradesh Gazette, appoint and
different date may be appointed for different areas.]

1. Substituted by the Act No. 33 of 2018, S.2.
2. Substituted by the Act No. 15 of 1962, S.3.


-----

**2. Definitions:- In this Act, unless there is anything repugnant in the subject**
or context, –

(1) “Board” means the Housing Board constituted under Section 3;

(2) “Board premises” means any premises belonging to or vesting in the
Board or taken on lease by the Board or entrusted to the Board under this Act
for management and use for the purposes of this Act;

(3) “Building materials” means such commodities or articles as are
specified to be building materials for the purpose of this Act by the Government
by notification in the [1][Andhra Pradesh Gazette;]

(4) “Bye-laws” means bye-laws made under Section 72;

(5) “Chairman” means the Chairman of the Board;

(6) “Competent Authority” means any person authorised by the
Government by notification in the [1][Andhra Pradesh Gazette] to perform the
function of the competent authority under Chapter VI for such areas as may be
specified in the Notification;

(7) “Corporation” means a Municipal Corporation constituted under the
Hyderabad Municipal Corporations Act, 1955 (11 of 1956) for the cities of
Hyderabad and Secunderabad;

2[(7-A) ‘Government’ means the State Government;]

(8) “Housing scheme” means a housing scheme made under this Act;

(9) “Land” includes benefits arising out of land and things attached to the
earth or permanently fastened to anything attached to the earth;

(10) “Local authority” includes Municipal Corporation Municipal and
Town Committees, 3[District Municipalities, Zilla Parishads, Panchayat
Samithis] and Village Panchayats;

(11) “Member” means a member of the Board.

(12) “Premises” [4][means any land or building] or part of a building and
includes
(i) gardens, grounds and outhouses, if any, appertaining to
such building or part of a building, and

(ii) any things affixed to such building or part of a building
for the more beneficial enjoyment thereof;

(13) “Prescribed” means prescribed by rules made under this Act;

(14) “Programme” means the annual housing programme prepared by the
Board under section 24;

(15) “Regulations” means regulations made under Section 71;

(16) “Rules” means rules made under Section 70;

1. Substituted by Act No.15 of 1962. S,23.
2.Inserted by the Act No. 15 of 1962, S.4.
3. Substituted by the Act No. 15 of 1962, S.4.
4. Substituted by the Act No. 15 of 1962, S.4.


-----

(17) “Secretary” means the Secretary of the Board;

(18) “Tribunal” means any Tribunal constituted under Section 47; and

(19) “year” means the year commencing on the 1[st] day of April and
ending on the 31[st] March.

**CHAPTER – II**

**ESTABLISHMENT OF THE BOARD**

**3. Incorporation - (1) With effect from such date as the Government may by**
notification in the [1][Andhra Pradesh Gazette] appoint in this behalf, there shall
be established for the purposes of this Act, a Board by the name of the
Hyderabad Housing Board.

(2) The Board shall be a body corporate having perpetual succession and
a common seal and may sue and be sued in its corporate name and shall be
competent to acquire and hold property both moveable and immoveable and to
contract and do all things necessary for the purposes of this Act.

2[(3) For the removal of doubts, it is clarified that the Board is and always
be deemed to be an agent and extended arm of the State and shall act and
deemed at all times to have acted on behalf of the State while discharging its
functions under this Act.

(4) Notwithstanding any other provision in the Act or any other law, for
the time being in force, the Board shall hold and be deemed to have held all
movable and immovable property and all funds on behalf of the State and all
income thereon shall belong to the State and shall always be deemed to have
belonged to the State.

(5) For the purpose of Sections 13, 14 and 15 or any other provision
relating to contracts under the Act, the Board shall enter into and all along be
deemed to have entered into contracts as an agent of the State and all such
acts and contracts shall be deemed to have been entered into on behalf of the
State.]

3[ 4[(6)] For the purposes of this Act, the Land Acquisition Act, 1894
(Central Act 1 of 1894), and the Andhra Pradesh Buildings (Lease, Rent and
Eviction) Control Act, 1960 (Andhra Pradesh Act XV of 1960), the Board shall
be deemed to be a local authority.]

**EXPLANATION:- The purposes of this Act referred to in** 5[sub-section (6)]
include the management and use of lands and buildings belonging to or vesting
in the Board under or for the purposes of this Act and the exercise of its rights
over and with respect of such lands and buildings for the purposes of this Act.

**4. Constitution of the Board –** [6][(1) The Board shall consist of the following
members, namely:
(a) The Chairman, to be appointed by the Government;

1. Substituted by the Act No.15 of 1962. S,23.
2. Inserted by the Act No. 33 of 2018, S.3.
3.Inserted by the Act No. 15 of 1962, S.5.
4.Sub section(3)Renumbered as sub section (6) by the Act No.33 of 2018.
5. Substituted by the Act No. 33 of 2018, S.3.
6. Substituted by the Act No. 33 of 2018, S.4.


-----

(b) The Secretary/Principal Secretary/ Special Chief Secretary to
Government, Municipal Administration and Urban Development
Department;

(c)  The Vice Chairman and Housing Commissioner, Ex-Officio;

(d) The Managing Director, Andhra Pradesh State Housing Corporation
Limited;

(e)  The Managing Director, Andhra Pradesh Township and
Infrastructure Development Corporation Limited;

(f)  The Commissioner, Capital Region Development Authority;

(g) The Mission Director, Mission for Elimination of Poverty in Municipal
Areas;

(h) The Additional Secretary/Joint Secretary/Deputy Secretary,
Municipal Administration and Urban Development Department;

(i)  An officer of the Finance Department to be nominated by the
Government;

(j) The Chief Engineer, Andhra Pradesh Housing Board, Ex-Officio;

(k) The Chief Engineer/Engineer-in-Chief(Public Health), Ex-Officio;

(l) The Chief Engineer/Engineer-in-Chief(Buildings), Ex-Officio;

(m) The Director of Town & Country Planning, Ex-Officio;

(n) The Commissioner and Director of Municipal Administration, ExOfficio;

(o) The Additional Secretary/Joint Secretary/Special Secretary, Energy
Department;

(p) The Commissioner, Municipal Corporation of Vijayawada, Ex-Officio;

(q) The Vice Chairman of the Visakhapatnam Urban Development
Authority;

(r) The Regional Chief / Executive Director, Housing and Urban
Development Corporation;

(s) Two Members to be nominated by the Government each to represent
the Coastal Andhra and Rayalaseema regions of the State;

(t) Any other Member(s) appointed by the Government.’’]

(2) Any member of the Board may at any time resign his office by
submitting his resignation to the Government:

Provided that the resignation shall not take effect until it is accepted.

1[Explanation.- Any provision relating to a member contained in subsection (2) of this section, sub-sections (1) and (2) of section 7, and sections 8
and 9 shall, except where the context otherwise requires, be deemed to apply
also to the Chairman.]

1 .Added by the Act No. 4 of 1984, S.2.


-----

**4-A.** [1][XXX]

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

**6. Disqualification for appointment on Board - (1) A person shall be**
disqualified for being appointed or continuing [2][as the Chairman or member] of
the Board, if he;

(a) holds any office or place of profit under the Board;

(b) is of unsound mind and stands so declared by a competent
court;

(c) is an undischarged insolvent;

(d) subject to the provisions of sub-section (2) has directly or
indirectly by himself or his partner or if he belongs to join Hindu
family by any member of such family any share or interest in any
contract (except as a share holder other than a Director in a
company) or employment with, by or on behalf of the Board.

(2) A person shall not be deemed to have incurred disqualification under
clause (d) of sub-section (1) by reasons only of his :
(a) receiving pension from the Board;

(b) having any share or interest in
(i) any lease, sale, exchange or purchase of land or any
agreement for the same;

(ii) any agreement for the loan of money or any secure for
the payment of money only;

(iii) Any newspaper in which any advertisement relating to
the affairs of the Board is inserted.

(iv) Any joint-stock board or any society registered or deemed
to be registered [3][under the Andhra Pradesh (Andhra Area)
Co-operative Societies Act, 1932 (Act VI of 1932) or] which
shall contract with or be employed by the Chairman or any
Officer on behalf of the Board;

4[(v) the occasional sale to the Chairman or any Officer on
behalf of the Board of any article in which the regularly
trades, of a value not exceeding in the aggregate in any
financial year one thousand rupees;]

(vi) The occasional letting out on hire to the Board or hiring
from the Board of any article for an amount not exceeding in
the aggregate in any one financial year five hundred rupees;

1. Omitted by Act No.4 of 1984. S,3.
2. Substituted by the Act No. 4 of 1984, S.4.
3 .Inserted by the Act No. 15 of 1962, S.7.
4. Inserted by the Act No. 4 of 1984, S.4.


-----

(c) Occupying as a tenant for the purpose of residence any
premises belonging to the Board;

**7. Term of office and conditions of service –** [1][(1) The Chairman and every
member of the Board, other than ex-officio members, shall hold office during
the pleasure of the Government.]

(2) [2][Every member] shall receive such allowance as may be prescribed
which shall be paid from the fund of the Board.

3[(3) The Chairman may hold office in an honorary capacity or on
payment of remuneration. If any remuneration is to be paid to the Chairman,
such remuneration and other conditions of service shall be such as may be
prescribed. The remuneration shall be paid from the Fund of the Board.]

**8. Vacancy of a member - If a member,-**

(a) becomes subject to any of the disqualifications mentioned in
Section 6, or

(b) tenders his registration in writing to the Government, or

(c) is absent without the permission of the Board from three
successive ordinary meetings of the Board, he shall cease to be a
member.

**9. Vacancy to be filled - Any vacancy in the Office of a member due to death,**
resignation or removal or becoming in capable of acting as such shall be filled
by the Government, by appointment of a person thereto, who shall hold Office
so long only as the member in whose place he is appointed would have held it if
the vacancy had not occurred.

**10. Vacancy or irregularities not to invalidate the proceedings - (1) No act**
of the Board or any person acting as Chairman or member there of shall be
deemed to be invalid by reason only of some defect in the appointment of such
Board or appointment of such Chairman or member, or on the ground [4][that
they or any of them were disqualified] for such Office or that formal notice of
the intention to hold a meeting of the Board was not duly given or for any
informality.

(2) Any thing done or any proceeding taken under this Act shall not be
questioned on account of any vacancy in the Board.

**11. Appointment of Committees - Subject to such rules as may be made in**
this behalf the Board may, from time to time, and for any particular local area
appoint one or more committees for the purpose of discharging such duties or
performing such functions as it may delegate to them and any such committee
may discharge such duties or perform such functions with due regard to the
circumstances and requirements of that particular area.

**12. Meetings of the Board - The Board shall meet from time to time make**
such arrangements with respect to the day, time notice, management and
adjournment of its meetings as it thinks fit subject to the following provisions,
namely:
1.Substituted by the Act No. 6 of 1996, S.2.
2.Substituted by the Act No. 4 of 1984, S.5.
3. Substituted by the Act No. 4 of 1984, S.5.
4. Substituted by the Act No. 4 of 1984, S.6.


-----

(a) an ordinary meeting shall be held once atleast every month;

(b) The Chairman may whenever he thinks fit, call for special
meetings;

(c) The quorum for a meeting shall be half the whole number of the
members;

(d) Every meeting shall be presided over by the Chairman and in
his absence, by any member chosen by the members present at
the meeting to preside for the occasion;

(e) If less than one-half of the whole number of members is present
at a meeting, the Chairman shall adjourn the meeting to such time
on the following day or some other future day as he may fix. A
notice of the meeting so fixed shall be posted in the Board’s Office.
The business which could not be considered at the meeting so
postponed for want of quorum shall be brought before and
disposed of at the meeting so fixed or at any subsequent adjourned
meeting irrespective of whether there be any quorum or not;

(f) All questions at any meeting shall be decided by a majority of
votes of the members present and voting and in case of equality of
votes the person presiding shall have and exercise a second or
casting vote.

(g) The minutes of the proceedings of each meeting shall be
recorded in a book to be provided for the purpose.

**13. Power to make contracts - The Board may enter in to and perform or**
require the performance of all such contracts as it may consider necessary or
expedient for carrying out any of the purpose of this Act.

**1[13-A. Appointment of Vice-Chairman and Housing Commissioner -** (1)
The Government may appoint a Vice-Chairman and Housing Commissioner to
the Board, who shall be the Chief Executive Officer of the Board and he shall
be responsible for implementing the resolutions of the Board or any committee
thereof. The Vice-Chairman and Housing Commissioner shall also exercise
such powers and perform such functions as may be entrusted to him by the
Government. The staff borne on the establishment of the Board shall be under
the administrative control and supervision of the Vice-Chairman and Housing
Commissioner.

(2) The Government shall pay in the first instance out of the Consolidated Fund
of the State, the salary, allowances, leave allowances, pension and
contributions, if any, towards the provident fund or provident-cum-pension
fund of the Vice-Chairman and Housing Commissioner appointed by them for
the Board, and it shall be subsequently reimbursed from the fund of the Board
in such manner as may be prescribed.

(3) The Government shall have power to make rules to regulate the
classification and methods of recruitment, conditions of service, pay and
allowances and discipline and conduct of the Vice-Chairman and Housing
Commissioner.]

1. Inserted by the Act No. 4 of 1984, S.7.


-----

**14. Execution of contracts - (1) Every Contract shall be made on behalf of the**
Board by the [1][Vice-Chairman and Housing Commissioner]:

Provided that –

(a) No contract involving an expenditure [2][more than the limits as may be fixed
by the Government from time to time] shall be made without the previous
sanction of the Government.

(b) (i) No contract involving an expenditure of rupees [3][as may be fixed by the
Government from time to time] shall, subject to clause (a), be made without the
previous sanction of the Board.

(ii) No estimate or tender involving an expenditure of rupees
three thousand and more shall subject to clause (a), be
sanctioned or accepted without the previous sanction of the
Board.

(2) Sub-section (1) shall apply to every variation or abandonment of a contract
or estimate as well as to an original contract or estimate.

**15. Further Provision as to execution of contracts - (1) Every contract made**
by the 4[Vice-Chairman and Housing Commissioner] on behalf of the Board
shall, subject to the provision of this section, be entered in to in such manner
and form as may be prescribed.

(2) A contract not executed as provided in this section and the rules
made thereunder shall not be binding on the Board.

**16. Application of** **5[Service Rules] and Certain other rules - Unless**
otherwise provided in this Act or prescribed thereunder [6][the provisions of the
Service Rules for the time being in force in the State] relating to salaries, leave,
pensions, traveling allowance, retirements and all conditions of service and the
rules for the time being in force relating to the conduct of Government servants
and enquiries in to the conduct and punishment of Government servants, shall
apply to the Officers and servants of the Board appointed under Section 17.

**17. Appointment of Officers & Servants - (1) Subject to the provisions of this**
Act the Board may have a Secretary, [7][XXXX] one or more Assistant Housing
Commissioner and such other engineers, architects, Officers and servants as it
shall deem necessary and proper for the efficient execution of its duties and
shall from time to time prepare, for the sanction of Government, a schedule of
the staff to be so maintained setting forth their designations, grades, salaries,
fees and allowances, and their respective duties and may also determine which
of the staff is to be maintained permanently and which temporarily:

Provided that the Board shall set forth the designations and determine
the grades, salaries, fees and allowances and inconformity with the
arrangements prevailing and the schedule of rates in vogue in the
establishment of the Government:

1. Substituted by the Act No. 4 of 1984, S.8.
2. Substituted by the Act No. 12 of 2010, S.3.
3. Substituted by the Act No. 12 of 2010, S.3.
4 .Substituted by the Act No. 4 of 1984, S.9.
5 . Substituted by the Act No. 15 of 1962, S.8.
6. Substituted by the Act No. 15 of 1962, S.8.
7. Omitted by the Act No.25 of 1981, S.7.


-----

Provided further that the power of appointing such Officers and servants
whose minimum monthly salary exclusive of allowances exceeds [1][rupees two
hundred and fifty] shall vest in the Government;

2[(2) Notwithstanding anything in sub-section (1), the Government may
transfer any officer or servant of the Board taken over by it from the Hyderabad
City Improvement Board or the Secunderabad Town Improvement Trust under
section 19 or from any Department of the Government, to the service of the
Government and transfer any officer of the Government to the service of the
Board.

(3) The Board shall have the power to create with the previous approval
of the Government, such posts of officers and servants whose minimum
monthly salary exclusive of allowances does not exceed rupees two hundred
and fifty, as it may consider necessary for carrying out the purposes of this
Act.]

**18. Conditions of service of Officers and servants - The remuneration and**
other conditions of service of the Secretary, 3[XXXX] and other Officers and
servants of the Board shall be such as may be prescribed.

4[18-A. Delegation - Subject to any rules that may be made in this behalf, the
Board may by order delegate any of its powers to the 5[Vice-Chairman and
Housing Commissioner] or to any other officer of the Board. The exercise of any
powers delegated under this section shall be subject to such restrictions,
limitations and conditions and to such control by the Board as may be
specified in the order.]

**19. Absorption of the existing staff of the Hyderabad City Improvement**
**Board and the Secunderabad Town Improvement Trust by the Board - The**
Board shall take over and employ such of the existing staff serving for the
purposes of the Hyderabad City Improvement Board and the Secunderabad
Town Improvement Trust as the Government may direct, and every person so
absorbed shall be governed by the provisions of this Act and the rules and
regulations made thereunder.

**20. General disqualification of all Officers and servants - No person who**
has directly or indirectly by himself or his partner or agent any share or
interest in any contract, by or on behalf of the, or in any employment under,
by or on behalf of the Board otherwise than as an Officer or servant thereof,
shall become or remain an Officer or servant of the Board.

**CHAPTER – III**

**HOUSING SCHEMES**

**21. Duty of Board to undertake housing schemes - Subject to the provisions**
of this Act and subject to the control of the Government, the Board may incur
expenditure and undertake works for the framing and execution of such
housing schemes as it may consider necessary from time to time, or as may be
entrusted to it by the Government.

1. Substituted by the Act No.15 of 1962, S 9.
2. Substituted by the Act No. 15 of 1962, S.9.
3.Omitted by the Act No.25 of 1981, S.8.
4. Inserted by Act No.15 of 1962, S,10.
5. Substituted by Act No.4 of 1984, S, 10.


-----

**1[21-A. Creation of subsidiaries. The Board may, in furtherance of the**
objectives of the Act, and for undertaking the activities specified in section 21B, with the prior approval of the Government, create a subsidiary in the form
of,
(i) an institution to be incorporated and organised under the provisions of
the Companies Act,1956 (Central Act 1 of 1956);

(ii) a society under the provisions of the Andhra Pradesh Co-operative
Societies Act,1964 (A.P.Act 7 of 1964); or the Andhra Pradesh Mutually Aided
Co-operative Societies Act,1995 (A.P.Act 30 of 1995);

(iii) a firm under the provisions of the Indian Partnership Act,1932
(Central Act 9 of 1932).

**21-B. Activities of subsidiaries. A subsidiary created under section 21-A may**
undertake the following activities:
(i) to construct integrated townships on non-competitive basis with
Andhra Pradesh Housing Board in Andhra Pradesh;

(ii) to construct integrated townships outside the State and outside the
country with the prior approval of the State Government;

(iii) to enter into joint ventures in public-private, private-public
partnership to construct group housing and integrated townships;

(iv) to enter into joint ventures with private sectors for value-chain on
technology up-gradation such as pre-cast, furnishings, furniture, etc.;

(v) to enter into joint ventures for development of integrated township
development projects, housing development projects and for other civil
construction projects;
(vi) to carry on the business of providing urban infrastructure services
including integrated housing and slum development and all activities incidental
and ancillary thereto;

(vii) to carry on the business of interior designers, decorators and to carry
on all activities incidental thereto; and

(viii) to carry out such other functions as may be specified by the Board or
as the case may be the Government, from time to time.]

**22. Matters to be provided for by housing schemes - Notwithstanding**
anything contained in any other law for the time being in force, a housing
scheme may provide for all or any of the following matters, namely:
(a) the acquisition by purchase, exchange or otherwise of any
property necessary for or effected by the execution of the scheme;

(b) the laying or relaying out of any land comprised in the scheme;

(c) the distribution or redistribution of sites belonging to owners of
property comprised in the scheme;

2[(cc) the improvement and clearance of slums in the area included
in the scheme;]

1. Inserted by Act No.32 of 2006, S,2.
2. Inserted by Act No.15 of 1962, S,11.


-----

(d) the closure or demolition of dwellings or portions of dwelling
unfit for human habitation;

(e) the demolition of obstructive buildings or portions of buildings;

(f) the construction and reconstruction of buildings, their
maintenance and preservation;

(g) the sale (including on hire purchase system), letting or
exchange of any property comprised in the scheme;

(h) the construction and alteration of streets and back lanes;

(i) provision of the draining, water supply and lighting of the area
included in the scheme;

(j) the provision of parks, play-fields and open space for the benefit
of any area comprised in the scheme or any adjoining area and the
enlargement of existing parks, play-fields, open spaces and
approaches;

(k) the provision of sanitary arrangements required for the area
comprised in the scheme, including the conservation and
prevention of any injury or contamination to rivers or other
sources and means of water supply;

(l) the provision of accommodation for any class of in habitants;

(m) the advance of money for the purposes of the scheme;

(n) the provision of facilities for communication and transport;

(o) the collection of such information and statistics as may be
necessary for the purposes of this Act;

(p) any other matter for which, in the opinion of the Government, it
is expedient to make provision with a view to provide housing
accommodation and to the improvement or development of any
area comprised in the scheme or any adjoining area or for the
general efficiency of the scheme.

1[22-A. Declaration of intention to make a housing scheme - The Board
may, from time to time, by notification in the Andhra Pradesh Gazette declare
its intention to make a housing scheme for any area setting forth the extent of
land proposed to be included in the scheme and such other particulars as may
be prescribed.]

**23. No housing scheme to be made for area included in improvement**
**scheme or be inconsistent with town planning scheme –(1) No housing**
scheme shall [2][unless the Government by general or special order otherwise
direct]
(a) be made for any area for which an improvement scheme, under
any law for the time being in force regulating the duties and
powers of a Municipal Corporation, Municipal or Town Committee,

1. Inserted by Act No.15 of 1962, S,12.
2. Inserted by Act No.15 of 1962, S,13.


-----

1[a District Municipality, a Zilla Parishad, a Panchayat Samithi] or
Village Panchayat has been sanctioned;

(b) Contain any thing which is inconsistent with any matter
included in a town planning scheme sanctioned by the
Government under any Law for the time being in force.

(2) should a dispute arise, whether or not a Housing Scheme: 
(a) includes any area for which an improvement scheme mentioned
in clause (a) of sub-section (1) has been sanctioned;

(b) contains anything inconsistent with any matter included in a
town planning scheme mentioned in clause (b) of sub-section (1);

the dispute shall be referred to Government whose decision shall be final.

**24. Preparation and submission of annual housing programme, budget and**
**establishment schedule – (1) Before the first day of December in each year the**
Board shall prepare and forward
(i) a programme,

(ii) a budget for the nest year.

(iii) a schedule of the staff of Officers and servants already
employed and to be employed during the next year, to the
Government in such form as may be prescribed.

(2) The programme shall contain
(a) Such particulars of housing schemes as may be prescribed and
which the Board proposes to execute whether in part of whole
during the next year;

(b) The particulars of any undertaking which the Board proposed
to organize or execute during the next year for the purpose of the
production of building materials; and

(c) Such other particulars as may be prescribed.

(3) The budget shall contain a statement showing the estimated receipts
and expenditure on capital and revenue acc units for the next year.

**25. Programme to be published for inviting suggestion and objections – (1)**
The Board shall, before forwarding the programme to the Government under
Section 24 publish a draft of the programme in the [2][Andhra Pradesh Gazette]
and in such other manner as may be prescribed.

(2) If within three weeks from the date of such application any person
communicates in writing to the Board any suggestion or objection relating to
such programme the Board shall consider such suggestion or objection and
may modify such programme as it thinks fit.

(3) The Board shall then forward the programme, the Budget and
schedule of the staff of Officers and servants to the Government for sanction as
required under Section 24.

1. Substituted by the Act No. 15 of 1962, S.13.
2. Substituted by Act No.15 of 1962. S,23.


-----

**26. Sanction to Programme, budget and Establishment Schedule - The**
Government may sanction the programme, the Budget and schedule of the
staff of Officers and servants forwarded to it with such modifications as it
deems fit [1][XXX].

**27. Publication of sanctioned programme - The Government shall publish**
the programme sanctioned by it under Section 26, in the 2[Andhra Pradesh
Gazette.]

**28. Supplementary programme budget and establishment schedule - The**
Board may, at any time, during the year, in respect of which a programme has
been sanctioned under Section 26 submit a supplementary programme and
budget and the additional schedule of the staff, if any, to the Government and
the provisions of Section 26 shall apply to such supplementary programme,
budget and schedule. The provisions of Section 27 shall also apply to such
programme.

**29. Variation of programme by Board after it is sanctioned - The Board**
may, at any time, vary programme or any part thereof 3[sanctioned by the
Government, without deviating from the very purpose for which it is
sanctioned:]

Provided that no such variation shall be made if it involves expenditure
in excess of ten per cent of the amount as originally sanctioned for the
execution of any housing scheme included in such programme, or affects its
scope or purpose.

**30. Sanctioned Housing Schemes to be executed - After the programme has**
been sanctioned and published by the Government under Sections 26 and 27,
the Board shall, subject to the provisions of Section 29 proceed to execute the
housing schemes included in the programme.

**31. Publication of housing scheme in the** [2][Andhra Pradesh Gazette] - (1)
Before proceeding to execute any housing scheme under Section 30 the Board
shall, by notification in the 2[Andhra Pradesh Gazette], publish the scheme.
The notification shall specify that the plan, showing the area which it is
proposed to include in the housing scheme and the surrounding lands, shall be
open to inspection of the public at all reasonable hours at the Office of the
Board.

(2) If within two weeks from the date of the publication of the Housing
Scheme any person communicates in writing to the Board any suggestion or
objection relating to the scheme, the Board shall consider such suggestion or
objection and may modify the scheme as it thinks fit.

(3) The Board shall then by notification in the [2][Andhra Pradesh Gazette]
publish the final scheme. The notification shall specify that the plan, showing
the area included in the final scheme and the surrounding lands and other
particulars as may be prescribed shall be open to inspection of the public at all
reasonable hours at the Office of the Board.

1. Omitted by Act No.12 of 2010. S,4.
2. Substituted by Act No.15 of 1962. S,23.
3. Substituted by Act No.12 of 2010. S,5.


-----

(4) The publication of a notification in the 1[Andhra Pradesh Gazette]
under sub-section (3) shall be conclusive evidence that the said scheme has
been duly framed.

**32. Transfer to the Board for purposes of housing scheme of land vested**
**in local authority - (1) Whenever any street, square or other land, or any part**
thereof which is situated within the Jurisdiction of a local authority and is
vested in the said local authority, is within the area included in the programme
sanctioned by the Government and is required for the purpose of such housing
scheme, the Board shall give notice accordingly to the local authority in which
it vests.

(2) Where the said local authority concurs, such street, square or other
land or part thereof shall vest in the Board.

(3) Where there is any dispute the matter shall be referred to the
Government. The Government shall, after hearing the local authority
concerned, decide the matter and the decision of the Government shall be final.
If the Government decides that such street, square or land, shall vest in the
Board, it shall vest accordingly.

(4) Nothing in this section shall effect the rights or powers of the local
authority in or over any drain or water works in such street, square or land.

**33. Compensation in respect of land vested in the Board - (1) Where any**
land vests in the Board under the provisions or Section 32 and the Board
makes declaration that such land shall be retained by the Board only until it
revests in the local authority as part of a street or an open space under Section
26 no compensation shall be payable by the Board to the local authority in
respect of that land.

(2) Where any land vests in the Board under Section 32 and no
declaration is made under sub-section (1) in respect of the land, the Board
shall pay to the local authority as compensation a sum equal to the value of
such land.

(3) If, in any case where the Board has made a declaration in respect of
any land under sub-section (1), the Board retains or disposes of the land
contrary to the terms of the declaration so that the land does not revest in the
local authority the Board shall pay to the local authority compensation in
respect of such land in accordance with the provisions of sub-section (2).

**34. Power of Board to turn or close public street vested in it - (1) The**
Board may turn, divert, discontinue the public use of, or permanently close,
any public street vested in it or any part thereof.

(2) Whenever the Board discontinues the public use of, a permanently
closes any public street vested in it or any part thereof, it shall, as far as
practicable, provide some other reasonable means of access to be substituted
in lieu of the use, by those entitled, or the street or part thereof and pay
reasonable compensation to every person who is entitled, otherwise than as a
mere member of the public, to use such street or part as means of access and
has suffered damage from such discontinuance or closing.

1. Substituted by Act No.15 of 1962. S,23.


-----

(3) In determining the compensation payable to any person under subsection (2) the Board shall make allowance for any benefit accruing to him from
the construction, provision or improvement of any other public street at or
about the same time that the public street part thereof on account which the
compensation is paid, is discontinued or closed.

(4) When any public street vested in the Board is permanently closed
under sub-section (1), the Board may sell or lease so much of the same as is no
longer required.

**35. Reference to Tribunal in case of dispute under sections 33 or 34 - If**
there is any dispute as to whether any compensation is payable under section
33 or as to the amount of compensation payable under section 33 or section
34, as the case may be the matter shall be referred to the Tribunal.

**36. Vesting in local authority of street laid out or altered and open space**
**provided by the Board under housing scheme - (1) Whenever the**
Government is satisfied
(a) that any street laid out or altered by the Board has been duly
levelled, paved, metalled, flagged, channelled, sewered and drained in
the manner provided in the programme sanctioned by the
Government under section 26, and

(b) that such lamps, lamp-posts and other apparatus as the local
authority considers necessary for the lighting of such street and as
out to be provided by the Board have been so provided, and

(c) that water and other sanitary conveniences have been duly
provided in such street,

the Government may declare the street to be a public street, and the
street shall thereupon vest in the concerned local authority and shall
thenceforth be maintained, kept in repair, lighted and cleaned by the
said local authority.

(2) When any open space for purposes of ventilation or recreation has
been provided by the Board in executing any housing scheme, it shall on
completion be transferred to the local authority concerned, by resolution of the
Board, and shall thereupon vest in, and be maintained at the expense of, the
local authority:

Provided that the local authority may require the Board before any such
open space is so transferred to enclose, level, turf, drain and lay out such
space and provide footpaths therein, and if necessary, to provide lamps and
other apparatus for lighting it.

(3) If any difference of opinion arising between the Board and the local
authority in respect of any matter referred to in the foregoing provisions of this
section, the matter shall be referred to the Government whose decision shall be
final.

**37. Other duties of the Board - It shall be the duty of the Board to take**
measures with a view to expediting and cheapening construction of buildings
and the Board may for that purpose do all things for
(a) unification, simplification and standardisation of building
materials;


-----

(b) encouraging prefabrication and mass production of house
components;

(c) organising or undertaking the production of building materials
required for the housing schemes;

(d) encouraging research for discovering cheap building materials and
evolving new methods of economic construction;

(e) securing a steady and sufficient supply of workmen trained in the
work of construction of buildings.

**38. Reconstitution of plots - A housing scheme may provide –**

(a) for the formation of a reconstituted plot by the alteration of the
boundaries of an original plot;

(b) with the consent of the owners that two or more original plots
each of which is held in ownership in severalty or in joining
ownership shall, with or without alteration of boundaries be held in
ownership in common as a reconstituted plot;

(c) for the allotment of a plot to any owner dispossessed of a land in
furtherance of the housing scheme; and

(d) for the transfer of ownership of a plot from the person to another.

**39. Power to exempt schemes from provisions of section 24 to 31 - The**
Government may, by general or special order published in the 1[Andhra
Pradesh Gazette], exempt any housing scheme entrusted by it to the Board
from all or any of the provisions of sections 24 to 31 (both inclusive) subject to
such conditions, if any, as it may impose or may direct that any such provision
shall apply to such scheme with such modifications as may be specified in the
order.
**CHAPTER – IV**
**ACQUISITION AND DISPOSAL OF LAND**
**40. Power to purchase or lease by agreement - (1) The Board may enter into**
an agreement with any person for the acquisition from him by purchase, lease
or exchange, of any land which is needed for the purposes of a housing scheme
or any interest in such land or for compensating the owners of any such right
in respect of any deprivation thereof or interference therewith.

2[(1-A) The Government may also transfer land to the Board for development
under Public Private Participation as a Joint Venture, or for sale. The proceeds
thereof shall form part of the Consolidated Fund of the State and shall be
remitted into it accordingly, or disposed as may be directed by the
Government.]

(2) The Board may also take steps for the compulsory acquisition of any
land or any interst therein required for the execution of a housing scheme in
the manner provided in the 3[Land Acquisition Act, 1894 (Central Act 1 of
1894)] as modified by the Act and the acquisition of any land or any interest
therein for the purposes of this Act shall be deemed to be acquisition for a
public purpose within the meaning of the [3][Land Acquisition Act, 1894 (Central
Act 1 of 1894)].

1. Substituted by Act No.15 of 1962. S,23.
2. Inserted by the Act No. 12 of 2010, S,6.
3. Substituted by Act No.15 of 1962. S,14.


-----

**1[40-A. Modification of the Land Acquisition Act, 1894 -** For the purpose
of acquiring land for the Board under the Land Acquisition Act,1894 (Central
Act 1 of 1894), the said Act shall be subject to the following modifications,
namely:
(a) the publication of a draft notification under section 22-A shall be
substituted for and have the same effect as publication in the Andhra Pradesh
Gazette and in the locality of a notification under sub-section (1) of section 4 of
the said Act, except when a notification under sub-section (1) of section 4 or a
declaration under section 6 of the said Act has been previously made and is in
force;

(b) section 17 of the said Act as in force in the State of Andhra Pradesh
shall have effect as if, after sub-clause (iii) of clause (b) of sub-section (2) of
that section, the following had been added, namely:
“(iv) for the execution of any housing scheme under the Andhra Pradesh
Housing Board Act, 1956”.

**40-B. Payment of Compensation. (1) Notwithstanding anything in the Land**
Acquisition Act, 1894 (Central Act 1 of 1894), the amount payable as
compensation in respect of land acquired under this Act shall be an amount
equal to twenty times the net average annual income actually derived from
such land during the period of five consecutive years immediately preceding the
date of notification under section 22-A.

(2) The net average annual income referred to in sub-section (1) shall be
calculated in the manner and in accordance with the principles set out in the
succeeding sub-sections.

(3) The net average annual income shall be one-fifth of the gross rent actually
derived by the owner from the land acquired and buildings if any, thereon,
during the period of five consecutive years after deducting municipal taxes,
revenue charges and cost of repairs for the said period of five years from such
gross rent.

(4) The gross rent shall be determined by the Land Acquisition Officer by local
enquiry, and, if necessary, by obtaining certified copies of extracts from the
property tax assessment books of the local authority concerned showing the
rental values of such lands or buildings.

(5) Where there are trees on the land acquired, the Land Acquisition Officer
shall take into account the income, if any, actually derived by the owner from
such trees during the said period of five years.

(6) If the land or buildings thereon remained unoccupied, or the owner has not
been in receipt of any rent for the occupation of such land or buildings during
the whole or any part of the said period of five years, the gross rent shall be
taken to be the income which the owner would in fact have derived if the land
or buildings had been leased out or given for rent during the relevant period,
and, for this purpose, the income actually derived from similar lands or
buildings in the vicinity shall be taken into account.

1. Inserted by the Act No. 15 of 1962, S,15.


-----

**Explanation.- In this section, 'building' includes a house, out-house, shed, hut**
and any other such structure, whether of masonry, bricks, wood, mud, metal
or any other material whatsoever.

**40-C. Power of Government to transfer Government land to the Board.**

1[(1)(a)] The Government may, either suo motu or on the request of the Board
and after consulting the Collector of the district, by order transfer any land
belonging to them to the control of the Board, for the purpose of providing
housing accommodation. Every such order shall be published in the Andhra
Pradesh Gazette and shall be subject to such terms, conditions and restrictions
as may be specified in such order and any rules made in this behalf.

2[(b) The Government may transfer any land to the Housing Board for
development under Public Private Participation as a Joint Venture or for sale.
The proceeds thereof shall form part of the Consolidated Fund of the State and
shall be remitted into it accordingly or as directed by the Government.]

(2) The Collector of the district shall, on a request being made by the Board,
furnish to the Board the particulars of all unoccupied lands belonging to the
Government in any area specified by the Board.]

**41. Betterment charges - (1) When by the making of a housing scheme any**
land in the area comprised in the scheme will in the opinion of the Board be
increased in value, the Board in framing the scheme may declare that
betterment charges shall be payable by the owner of the land or any person
having an interest therein in respect of the increase in value of the land from
the execution of the scheme.

(2) Such increase in value shall be the amount by which the value of the
land on the completion of the execution of the scheme estimated as if the land
were clear of the buildings exceeds the value of the land prior to the execution
of the scheme estimated in like manner and the betterment charges shall not
exceed one-half of such increase in value.

(3) Such betterment charges shall also be leviable in respect of any land
not comprised in the scheme but adjacent to the area comprised in the
scheme.

**42. Notice to persons liable for betterment charges - (1) The Board shall**
give notice in the prescribed form to any person who is the owner of or has
interest in the land in respect of which the betterment charges are to be levied
and shall give such person an opportunity to be heard.

(2) After hearing such person or if such person fails to appear after the
expiry of the period within which such person is required to appear before the
Board, the Board shall proceed to assess the amount of betterment charges.

(3) Where the assessment of betterment charges proposed by the Board
is accepted by the person concerned within the period specified, the
assessment shall be final.

(4) If the person concerned does not accept the assessment proposed by
the Board, the matter shall be referred to the Tribunal.

1. Sub-section (1) re-numbered as (1) (a) Act No. 12 of 2010, S,7.
2. Inserted by the Act No. 12 of 2010, S,7.


-----

(5) The Tribunal shall, after holdings an inquiry and after hearing the
person concerned, assess the amount of the betterment charges payable by the
person:

Provided that the amount of the betterment charges assessed by the
Board shall not be questioned in the Tribunal merely on the ground that the
increase in the value of the land from the execution of the scheme as
determined by the Board was in part due to reasons unconnected with the
scheme.

**43. Agreement for payment of betterment charges - (1) Any person liable to**
pay betterment charges in respect of any land may at his option, instead of
paying the said charges in lumpsum to the Board, execute an agreement with
the Board to pay the same in such number of installments as may be
determined by the Board at such interest as may be prescribed.

(2) Every payment due from any person in respect of betterment charges
and every charge referred to in sub-section (1) shall, notwithstanding anything
contained in any other enactment and notwithstanding the execution of any
mortgage or charge, created either before or after the commencement of this
Act, be the first charge upon the interest of such person in such land.

**44. Recovery of betterment charges - All sums payable in respect of any land**
by any person in respect of betterment charges under section 41 or by any
person under an agreement under section 43 shall be recoverable on behalf of
the Board as an arrear of land revenue.

**45. Power to dispose of land - Subject to any rules made by the Government**
under this Act, the Board may retain, lease, sell, exchange, mortgage or
otherwise dispose of, any land, building or other property vesting in it [1][XXX].

**46. Disputes regarding reconstitution of plots - (1) Whereby the making of a**
housing scheme, any plots comprised in the area included in the scheme are
reconstituted or any person is dispossessed, any person affected by such
reconstitution or dispossession may apply to the Board for compensation. The
Board may after making such inquiry as it thinks fit decide whether the
applicant is entitled to any compensation and if so to what extent. If the person
is dissatisfied with the decision of the Board in the matter, he may inform the
Board accordingly. The Board shall thereupon refer the matter to the Tribunal.

(2) The tribunal shall then after making an inquiry determine the amount
of compensation and direct the Board to pay the same to the person entitled.

**CHAPTER – V**

**TRIBUNAL**

2[47. Constitution of the Tribunal – The Tribunal shall consist of single
member who shall be a judicial officer of the status of a District Judge.]

**48. Duties of Tribunal - The Tribunal shall –**

(a) decide whether any compensation is payable under Section 33;

(b) decide the amount of compensation in the matters referred to it
under Section 35;

1. Omitted by Act No.12 of 2010. S,8.
2. Substituted by the Act No. 15 of 1962, S,16.


-----

(c) decide disputes relating to betterment charges referred to it
under Section 42;

(d) decide disputes relating to the reconstitution of plots referred to
it under Section 46 and the amount of compensation to be
awarded in consequence thereof;

(e) decide such other matters as may be prescribed. 49. Powers of
President.

**49.** [1][XXX]

**50. Powers of and procedure before Tribunal - (1) In making inquiries under**
sections 33, 35, 42 and 46 of the Act, the Tribunal shall have and exercise the
same powers as are vested in a Civil Court in respect of –

(a) Proof of facts by affidavits;

(b) Summoning and enforcing the attendance of any person and
examining him on oath;

(c) Compelling the production of documents; and

(d) Issuing commissions for the examination of witnesses;

(2) In all proceedings before the Tribunal the Tribunal shall follow such
procedure as may be prescribed;

(3) Every order made by the Tribunal for the payment of money except
that for the recovery of which provision has been made in section 44 and for
the delivery of the possession or removal of any structure shall be enforced by

2[the City Civil Court, Hyderabad in the cities of Hyderabad and Secunderabad]
and elsewhere by the District Court in the jurisdiction of which the land
comprised in the housing scheme is situate, as if it was the decree of the said
Court.

(4) The proceedings before the Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal
Code.

**51. Decision of Tribunal to be final - The decision of the Tribunal on any**
matter referred to it under this Act shall be final and shall not be questioned in
any court of law.

**CHAPTER-VI**

**POWER TO EVICT PERSONS FROM BOARD PREMISES**

**52. Power to evict certain persons from Board premises - (1) If the**
competent authority is satisfied: –

(a) that the person authorised to occupy any Board premises has
whether before or after the commencement of this Act
(i) not paid rent lawfully due from him in respect of such
premises for a period of more than two months, or

1. Omitted by Act No.15 of 1962, S,17.
2. Substituted by the Act No. 15 of 1962, S,18.


-----

(ii) sublet, without the permission of the Board, the whole or
any part of such premises, or

(iii) otherwise acted in contravention of any of the terms,
express or implied, under which he is authorised to occupy
such premises, or

(b) that any person is in unauthorised occupation of any Board premises, the
competent authority may, notwithstanding anything contained in any law for
the time being in force, by notice served (i) by post, or (ii) by affixing a copy of it
on the outer door or some other conspicuous part of such premises, or (iii) in
such other manner as may be prescribed, order that such person as well as
any other person, who may in occupation of the whole or any part of the
premises, shall vacate them within one month of the date of the service of the
notice.

(2) If any person refuses or fails to comply with an order made under
sub-section (1), the competent authority may after giving such person a
reasonable opportunity of being heard confirm such order and evict that
person from, and take possession of the premises and may for that purpose
use such force as may be necessary.

1[(2-A) Where the Board premises are required by the Board for its use,
the competent authority may, notwithstanding anything in any other law for
the time being in force in this regard by notice served in the manner laid down
in sub-section (1), order that every person who is in occupation of the said
premises shall vacate the said premises and shall deliver possession thereof to
the Board, within the time specified in the notice. If any person refuses or fails
to comply with any such order of the competent authority, the person in
occupation of the premises shall be deemed to be in unauthorised occupation
thereof, and thereupon the competent authority may, after giving the person
who is in such unauthorised occupation an opportunity of making his
representation confirm the said order and evict him from, and take possession
of, the premises and may for that purpose use such force as may be
necessary.]

(3) If a person, who has been ordered to vacate any premises under subclause (i) or (iii) of clause (a) of sub-section (1), within one month of the date of
service of the notice or such longer time as the competent authority may allow,
pays to the Board the rent in arrears or carries out or otherwise complies with
the terms contravened by him to the satisfaction of the competent authority, as
the case may be, the competent authority shall, in lieu of evicting such person
under sub-section (2), cancel its order made under sub-section (1) and
thereupon such person shall hold the premises on the same terms on which he
held them immediately before such notice was served on him.

**53. Power to recover rent or damages – (1) Subject to any rules made by the**
Government in this behalf and without prejudice to the provisions of section 52
where any person is in arrears of rent payable in respect of any Board
premises, the competent authority may, by notice served (i) by post, or (ii) by
affixing a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, order that person
to pay the same together with such other amounts as may be due by him

1 . Inserted by the Act No. 18 of 1971, S.2.


-----

under the contract, agreement, lease, indemnity bond, damages or otherwise,
within such time not less than thirty days as may be specified in the notice.

(2) Where any person is in unauthorised occupation of any Board
premises, the competent authority may, in the prescribed manner, assess such
damages on account of the use and occupation of the premises as it may deem
fit, and may by notice served (i) by post, or (ii) by affixing a copy of it on the
outer door or some other conspicuous part of such premises, or (iii) in such
other manner as may be prescribed, order that person to pay the damages
within such time as may be specified in the notice.

(3) If any person refuses or fails to pay the amount specified in subsection (1) or (2), as the case may be, within the time specified in the notice,
the competent authority may, after giving such person a reasonable
opportunity of being heard, recover the amount due by him on account of
arrears of rent together with such other amounts as may be due by him under
the contract, agreement, lease, indemnity bond, damages or otherwise, by
attachment and sale of the movable property of such person in the manner
prescribed. Without prejudice to the aforesaid mode of recovery, such amount
shall also be recoverable as if it were arrears of land revenue.

**54. Rent to be recovered by deductions from salary or wages in certain**
**cases – Without prejudice to the provisions of section 52 or 53 any person who**
is an employee of the Government or a local authority or is a worker within the
meaning of the Factories Act, 1948 (63 of 1948) or the Mines Act, 1952 (35 of
1952) and who has been allotted any Board premises may execute an
agreement in favour of the Board providing that the Government or the local
authority or the owner of factory or mine as the case may be, under or by
whom he is employed, shall be competent to deduct from the salary or wages
payable to him such amount as may be specified in the agreement and to pay
the amount so deducted to the Board in satisfaction of the rent due by him in
respect of the Board premises allotted to him.

(2) On the execution of such agreement, the Government or local
authority or the owner of factory or mine, as the case may be, shall, if so
required by the Board by requisition in writing, make the deduction of the
amount specified in the requisition from the salary or wages of the employee
specified in the requisition in accordance with the agreement and pay the
amount so deducted to the Board.

**55. Appeal – (1) Any person aggrieved by an order of the competent authority**
under [1][sub-section (2) or sub-section (2-A) of section 52] or section 53 may,
within one month from the date of the confirmation of the order under section
52, or the date of the service of the notice under section 53, as the case may
be, prefer an appeal to the appellate authority:

Provided that the appellate authority may entertain the appeal after the
expiry of the said period of one month if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate authority,
may after calling for a report from the competent authority and giving the
aggrieved person a reasonable opportunity of being heard, pass such order as it
thinks fit and such order of the appellate authority shall be final.

1. Substituted by the Act No. 18 of 1971, S.3.


-----

(3) Where an appeal is preferred under sub-section (1), the appellate
authority may stay the enforcement of the order of the competent authority for
such period and on such conditions as it thinks fit.

1[(4) For the purposes of this Chapter, the Appellate Authority shall be
the District Judge within whose jurisdiction such premises are situated.]

**56. Procedure and powers of competent authority and appellate authority**

- (1) The competent authority and appellate authority shall follow such
procedure as may be prescribed, and subject thereto, the provisions of the
Code of Civil Procedure, 1908 (5 of 1908), shall so far as they are not
inconsistent with this Act or the rules or orders made thereunder, apply to all
proceedings before the competent authority and the appellate authority.

(2) In proceedings under this Chapter, the competent authority shall
have the same power as are vested in a Civil Court when trying a suit, and the
appellate authority shall have the same powers as are vested in a Civil Court
when hearing an appeal, under the Code of Civil Procedure, 1908 (5 of 1908).

(3) The competent authority and appellate authority shall be deemed to
be a Civil Court for a purpose of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (5 of 1898) and any proceeding before the competent authority
and the appellate authority shall be deemed to be a judicial proceeding within
the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of
1860).

**57. Bar of Jurisdiction of Civil Courts - Save as provided in section 55, no**
order made by the competent authority or the appellate authority, in exercise of
any power conferred by or under this Chapter shall be called in question in any
Court and no injunction shall be granted by any Court or other authority in
respect of any action taken or to be taken in pursuance of any power conferred
by or under this Chapter.

**CHAPTER – VII**

**FINANCE ACCOUNTS AND AUDIT**

**58. Board’s Fund - (1) The Board shall have its own fund,** [2][The fund shall be
vested and deemed to have always vested in the State. The fund shall be
operated by the Board based on or according to the directions given by the
State from time to time. All receipts into the said Fund and all payments from
the said Fund shall be received and made, and be so deemed to have been
received and made by the Board on behalf of the State.]

(2) The Board may accept grants, subventions, donations and gifts from

3[any Government] or a local authority or any individual or body, whether
incorporated or not, for all or any of the purposes of this Act.

(3) The Government shall, every year, make a grant to the Board of a
sum equivalent to the administrative expenses of the Board.

(4) All moneys received by or on behalf of the Board by virtue of this Act,
all proceeds of land or any other kind of property sold by the Board, all rents,
betterment charges and all interest, profits and other moneys accruing to the

1. Substituted by the Act No. 33 of 2018, S.5.
2. Substituted by the Act No. 33 of 2018, S.6.
3. Substituted by the Act No. 33 of 2018, S.6.


-----

Board shall constitute the fund of the Board [1][and to pay any deficit in the
Fund.]

(5) Except as otherwise directed by the Government all moneys and
receipts, specified in the foregoing provisions and forming part of the fund of
the Board shall be deposited in the [2][State Bank] or in any scheduled Bank or
invested in such securities as may be approved by the Government.

(6) Such account shall be operated upon by such Officers as may be
authorised by the Board.

(7) [3][xxxxx]

4[59. Application of the fund - All property, Fund and all other assets held by
the Board on behalf of the State shall be applied by the Board for the purpose
of this Act and in accordance with the provisions of this Act.]

**60. Expenditure in case of urgency - (1) Where in the opinion of the Board**
circumstances of extreme urgency have arisen it shall be lawful for the Board
to make for the purpose of this Act in any year, expenditure not exceeding
rupees ten thousand, notwithstanding the fact that such expenditure has not
been included in its annual programme or supplementary programme
sanctioned by the Government or the variation of the programme made under
section 29;

(2) Where any sum is expended under circumstances of extreme urgency
as provided in sub-section (1), a report thereof indicating the source from
which it is proposed to meet the expenditure shall be made by the Board as
soon as practicable to the Government.

**61. Subventions and loans to the Board - (1) The Government may from time**
to time make subventions to the Board for the purposes of this Act on such
terms and conditions not inconsistent with the provisions of this Act as the
Government may determine.

(2) The Government may from time to time, advance loans to the Board
on such terms and conditions not inconsistent with the provisions of this Act
as the Government may determine.

**62. Power of Board to borrow - (1) The Board may from time to time, with the**
previous sanction of the Government and subject to the provisions of this Act
and to such conditions as may be prescribed in this behalf, borrow any sum
required for the purposes of this Act.

(2) The rules made by the Government for the purposes of this section
may empower the Board to borrow by the issue of debentures [5][and to enter
into financial arrangements with banks and other financial institutions
including the Life Insurance Corporation of India.]

(3) All debentures issued by the Board, shall be in such form as the Board with
the sanction of the Government may, from time to time, determine.

1. Substituted by the Act No. 33 of 2018, S.6.
2. Substituted by the Act No. 33 of 2018, S.6.
3. Omitted by the Act No.33 of 2018, S,6.
4. Substituted by the Act No. 33 of 2018, S.7.
5. Substituted by the Act No. 15 of 1962, S.20.


-----

(4) Every debenture, shall be signed by the Chairman and one other
member of the Board.

(5) Loans borrowed and debentures issued under this section may be
guaranteed by the Government as to the repayment of principal and the
payment of interest at such rate as may be fixed by the Government.

**63. Accounts and Audit - (1) The Board shall cause to be maintained proper**
books of accounts and such other books as the rules under this Act may
require and shall prepare in accordance with such rules and annual statement
of accounts.

(2) The Board shall cause its accounts to be audited annually by such
person as the Government may direct.

(3) As soon as the accounts of the Board have been audited, the Board
shall send a copy thereof together with a copy of the report of the auditor
thereon to the Government and shall cause the accounts to be published in the
prescribed manner and place copies thereof on sale at a reasonable price. [1][The
audited accounts shall be laid before each house of the State Legislature as
soon as may be after they are received by State Government.]

(4) The Board shall comply with such directions as the Government may
after perusal of the report of the auditor think fit to issue.

**64. Concurrent and special audits of accounts - (1) Not withstanding**
anything contained in Section 63, the Government may order that there shall
be concurrent audit of the accounts of the Board by such person as it thinks
fit. The Government may also direct a special audit to be made by a Chartered
Accountant appointed by it of the accounts of the Board relating to any
particular transaction or a class or series of transaction or to a particular
period. 2[The audited accounts shall be laid before each house of the State
Legislature as soon as may be after they are received by State Government.]

(2) When an order is made under sub-section (1), the Board shall present
or cause to be presented for audit such accounts and shall furnish to the
person appointed under subsection (1) such information as the said person
may require for the purpose of audit.

**CHAPTER VIII**

**MISCELLANEOUS**

**65. Reports - The Board shall, before such date and in such form and at such**
interval as may be prescribed, submit to the Government a report on such
matters as may be prescribed, and the Government shall cause report to be
published in the [3][Andhra Pradesh Gazette]. Every such report, shall be laid
before the Legislative Assembly as soon as may be after it is published.

**66. Other statements and returns - The Board shall also submit to the**
Government such statistics returns, particulars or statements in regard to any
proposed or existing housing schemes at such times and in such form and
manner as may be prescribed or as the Government may from time to time
direct.

1. Added by the Act No. 33 of 2018, S.8.
2. Added by the Act No. 33 of 2018, S.9.
3. Substituted by Act No.15 of 1962. S,23.


-----

**67. Power of entry - The** [1][Vice-Chairman and Housing Commissioner] or any
of the person either generally or specially authorised by the [1][Vice-Chairman
and Housing Commissioner] in this behalf may, with or without assistants or
workmen, enter in to or upon any land, in order –

(a) to make any inspection, survey, measurement, valuation or
inquiry;

(b) to take levels;

(c) to dig or bore into the sub-soil;

(d) to set boundaries and intended lines of works;

(e) to make such level, boundaries and lines of works and cut
trenches; or

(f) to do any other things;

Whenever it is necessary to do so, for any of the purposes of this Act os any
rules made or scheme sanctioned thereunder;

Provided as follows:
(i) No such entry shall be made between sunset and sunrise;

(ii) No dwelling house and no public building, which is used
as a dwelling place, shall be so entered except with the
consent of the occupier thereof, and without giving the said
occupier at least ‘twenty-four hours’ previous written notice
of the intention to make such entry;

(iii) sufficient notice shall in every instance be given even
when any premises may otherwise be entered without notice,
to enable the inmates of any apartment appropriated to
female to remove themselves to some part of the premises
where their privacy will not be disturbed;

(iv) Due regard shall always be had, as far as may be
compatible with the exigencies of the purposes for which the
entry is made, to the social and religious usages of the
occupants of the premises entered.

**68. Notice of suit against Board - No person shall commence any suit**
against the Board or against any Officer or servant of the Board or any person
acting under the orders of the Board, for anything done or purporting to be
done in pursuance of this Act, without giving to the Board, officer or servant or
person two month’s previous notice in writing of the intended suit and of the
cause thereof, nor after six months from the date of the act complained of.

**69. Triennial valuation of assets and liabilities of the Board - The Board**
shall triennially have a valuation of its assets and liabilities made by a valuer
appointed by the Government:

Provided that it shall be open to the Government to direct a valuation to
be made at any time it may consider necessary.

1. Substituted by the Act No. 4 of 1984, S.11.


-----

**70. Power to make Rules - (1) The Government may, by notification in the**

1[Andhra Pradesh Gazette] and subject to the condition of previous publication,
make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power such rules may be made for all or any of the following purposes,
namely:
(a) The allowances of members [2][and remuneration and conditions
of service of the Chairman] under section 7;

(b) the manner and form in which contracts shall be entered into
under section 15;

(c) the form of annual housing programme, budget and schedule of
staff of officers and servants, particulars of housing schemes and
other particulars to be contained in the programme under section
24;

(d) the other manner of publication of the draft the programme
under section 25;

(e) the form of notice under section 42;

(f) the rate of interest under section 43;

(g) the other matters to be decided by the Tribunal under section
48;

(h) the procedure to be followed by the Tribunal under section 50;

(i) the forms of notices under sections 52 and 53 and any other
manner in which they may be served;

(j) the manner in which damages under section 53 may be
assessed;

(k) the manner in which attachment and sale of movable property
shall be made under section 53;

(l) the procedure to be followed by the competent authority and the
appellate authority in proceedings under Chapter VI;

(m) the conditions subject to which the Board may borrow any sum
under section 62;

(n) the manner of preparation, maintenance and publication of
accounts under section 63;

(o) the date before which, the form in which, the interval at which
and the matters on which reports shall be submitted under section
65;

(p) the time at which and the form and manner in which statistics,
returns, particulars and statements shall be submitted under
section 66;

1. Substituted by the Act No 15 of 1962, S.23.
2. Inserted by the Act No. 4 of 1984, S.12.


-----

(q) the manner in which the Board shall be superseded
reconstituted under section 81; and

(r) any other matter which has to be or may be prescribed under
this Act.

1[(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of the State Legislature while it is in session
for a total period of fourteen days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, both the Houses agree in making any
modification in the rule or both the Houses agree that the rule should not be
made, the rule shall have effect only in such modified form or be of no effect, as
the case may be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]

**71. Regulations - The Board may from time to time, with the previous**
sanction of the Government, make regulations consistent with this Act and
with any rules made under this Act –

(a) for the management and use of buildings constructed under
any housing schemes;

(b) the principles and procedure to be followed in allotment of
tenements and premises;

(c) for regulating the Board’s procedure and the disposal of its
business.

**72. Power to make bye-laws - (1) The Board may make bye-laws, not**
inconsistent with this Act, which may be necessary or expedient for the
purpose of carrying out its duties and functions under this Act.

(2) A bye-law made under this section may provide that a contravention
thereof shall be an offence.

(3) No bye-law made by the Board shall come into force until it has been
confirmed by the Government with or without modification.

(4) All bye-laws made under this section shall be published in the

2[Andhra Pradesh Gazette].

**73. Penalty for contravention of bye-laws - Whoever contravenes a bye-law**
made under section 72 shall, on conviction, be punished with imprisonment for
a term which may extend to one month or with fine which may extend to five
hundred rupees or with both.

**74. Penalty for obstructing etc. - If any person –**

(a) obstructs or molests any person with whom the Board has
entered into a contract, in the performance or execution by such
person of his duty or of anything which he is empowered to
required to do under this Act, or

1. Substituted by Act No.15 of 1962. S,21.
2. Substituted by Act No.15 of 1962. S,23.


-----

(b) removes any mark set up for the purpose of indicating any level
or direction necessary to the execution of works authorised under
this Act,

he shall on conviction, be punishable with imprisonment for a
term which may extend to one month or with fine which may
extend to five hundred rupees or with both.

**75. Penalty for contravention of any provisions of Chapter VI and for**
**obstructing lawful exercise of power thereunder - Any person who**
contravenes any provision of Chapter VI or any rule or order made thereunder
or obstructs the lawful exercise of any power conferred by or under that
Chapter shall, on conviction, be punished with fine which may extend to one
thousand rupees.

**76. Authority for prosecution - Unless otherwise provided, no Court shall**
take cognizance of any offence punishable under this Act except on the
complaint, or upon information received from, the Board or some person
authorised by the Board by General or special order in this behalf.

**77. Certain persons to be public servants - The Tribunal, the appellate**
authority, the competent authority and all members, Officers and servants of
the Board shall be deemed when acting or purporting to act in pursuance of
any of the provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code.

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

**79. Government’s powers of supervision - (1) The Government may give the**
Board such directions as in its opinion are necessary or expedient for carrying
out the purposes of this Act, after giving an opportunity to the Board to state
its objections, if any, to such directions and after considering the said
objections. It shall be the duty of the Board to comply with such directions.

(2) The Government may at any time for the purposes of satisfying itself
as to the legality or propriety of any order passed by, or as to the regularity of
the proceedings of the Board or officer subordinate to the Government or the
Board acting in exercise of any power or authority conferred by this Act or the
rules, bye-laws and regulations made thereunder, call for and examine the
record of any case pending before or disposed of by the Board or such officer
and may pass such order with reference thereto as it thinks fit:

Provided that no order shall be reversed unless notice has been given to
the parties interested to appear and be heard in support of such order.

**80. Default in performance of duty - (1) If the Government is satisfied that**
the Board has made default in performing any duty imposed on it by or under
this Act, it may fix a period for the performance of that duty.

(2) If in the opinion of the Government the Board fails or neglects to
perform such duty within the period so fixed for its performance, it shall be
lawful for the Government, notwithstanding anything contained in section 7, to
supersede and reconstitute the Board in prescribed manner.


-----

(3) After the supersession of the Board and until it is reconstituted, the
powers, duties and functions of the Board under this Act shall be carried on by
the Government or by such officer or officers as the Government may appoint
for this purpose.

**81. Dissolution of the Board - (1) The Government may, by notification in the**

1[Andhra Pradesh Gazette], declare that with effect from such date as may be
specified in the notification, the Board shall be dissolved.

(2) With effect from the date specified in the notification under subsection (1)
(a) all properties, funds and dues which are vested in and
realizable by the Board shall vest in and be realizable by the
Government;

(b) all liabilities enforceable against the Board shall be enforceable
against the Government to the extent of the properties, funds and
dues vested in and realized by the Government;

(3) Nothing in this section shall effect the liability of the Government in
respect of loans or debentures guaranteed under sub-section (5) of section 62.

**2[81-A. Power to remove difficulties. (1) If any difficulty arises in giving effect**
to the provisions of this Act, the Government may, by order in the Andhra
Pradesh Gazette, make such provisions not inconsistent with the purposes of
this Act as appear to them to be necessary or expedient for removing the
difficulty.

(2) Every order made under sub-section (1) shall be laid on the Table of the
Legislative Assembly for a period of fourteen days when the Assembly is in
session.]

**82. Repeal and saving - (1) The Hyderabad Labour Housing Act, 1952 (36 of**
1952), the Secunderabad Town Improvement Trust A’ in, 1355 Fasli, and all
rules, regulations and orders pertaining to the constitution, working and
activities of the Hyderabad City Improvement Board and for the time being
having the force of Law, are hereby repealed:

Provided that the repeal shall not effect –

(a) the previous operation of any law so repealed or anything duly
done thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or
incurred under any law so repealed, or

(c) Any penalty, forfeiture or punishment incurred in respect of any
offence committed against any law so repealed, or

(d) Any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid;

1. Substituted by Act No.15 of 1962. S,23.
2.Inserted by the Act No. 15 of 1962, S,22.


-----

and any such investigation, legal proceeding or remedy may be instituted
continued or enforced, and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed:

Provided further that subject to the proceeding, proviso, anything done
or any action taken including any appointment or delegation made,
notification, order, instruction or direction issued, rule, regulation, from
bye-law or scheme framed under any such law shall be deemed to have been
done or taken under this Act and shall continue to be in force accordingly,
unless and until superseded by anything done or any action taken under this
Act.

(2) All debt and obligations incurred, all contracts entered into and all
matters and things engaged to be done, by, with or for the Government for the
purposes of the Hyderabad City Improvement Board and the Secunderabad
Town Improvement Trust before and upto the date of establishment of the
Board under this Act shall be deemed to have been incurred, entered, into or
engaged to be done by, with or for the Board, all suits and other legal
proceedings instituted or which may be instituted by or against the
Government shall be continued or instituted by or against the Board, as the
case may be.

(3) All the assets entrusted to the Hyderabad City Improvement Board
and the Secunderabad Town Improvement Trust and all the assets acquired for
the purposes of the said City Improvement Board and Town Improvement Trust
shall after the establishment of the Board under this Act vest in the Board for
the purposes of this Act.

(4) All applications made or proceedings instituted under the aforesaid
laws shall be deemed to have been made or instituted under this Act and shall
be disposed of as if this Act was applicable at the time when such application
or proceeding was made or instituted.

(5) All notifications issued before the date of the coming into force of this
Act and all proceedings pending on that date for the acquisition of any
immovable property or easement for the purposes of the Hyderabad City
Improvement Board or the Secunderabad Town Improvement Trust shall be
deemed to have been issued and to be proceedings for acquisition of such
immovable property or easement for the purposes of this Board under this Act.


-----

