The Assam State Housing Board Act, 1972
'Received 'the assent of the President OD the 1st January, 1974)

~

(rublished in t~1e A~sam Gazett~ Extraordinary, dated the 20th Feurb-

###### ary, 1974).

#### l THE ASSAM STATE HOUSING BOARD ACT, 1972

_CONTENTS_

. Preamble

CHAPTER I

_Preliminary_

~

~- ·--Sections

1. Short title, extent and commencement.

2. Definition.

CHAPTER II
i.,. -
.... . -
_Establishment of the Board_

3. Incorporation.

4. Constitution of the Board.

5. Leave of absence of Chairman.

6. Disqualification for appointment on Board.

7. Term of office an conditions of service of Chairman and members.

8. Vacancy of a member. ·

9. Vacancy to be filled as early as practicable.

10. Proceedings presumed to be good and valid.

11. Temporary absence of members.

###### t2. Appointment of officers and employees and creation of posts

13. Conditions of service of officers and employees.

14. Preparation and maintenance of schedule of establishment.

15. General disqualification qf all officers and employees.

16. Appointment of Committee.


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Sections .

l 7. Meetings of Board.

18. Temporary association of persons with Board for Particular~

purpose.

_Contract_

19. Power to make contracts.

_20. Execution of contracts._

21. Delegation of Board's power to sanction contract~.

22. Further provisions as to execution of contracts. ~ _i •_

**CHAPTER III**

_Housing Scheme_

23. Power and Duties of Board to undertake housing schemes.

24. Matters to be provided for by housing scheH1es.

25. No housing scheme to be made for area included in improve-

ment scheme or be tinconsistent with Town Planning Scheme.

_I_

26. Submission of budget to Board.

~7. Board's sanction to budget.

28. Submission of sanctioned budget to State Government for

approval.

29. Supplementary budget.

30. Publication and execution of housing schemes.

31. Vaniation of housing scheme.

32. Transfer to the Board for purposes of housing scheme of land

vested in a Corporation, Municipality or Mohkuma Parishad.

33. Compensation in respect of land vested in the Board.

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

~~ 5. Reference to Tribunal in case of dispute under Section 33 or 34.


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36. Vesting in Corporation, Municipality or Moh~uma Parishad, of

street laid out or altered and open space provided by the Board,
under housing scheme .

.:. J7. Other duties of the Board.

38. Board to assume management of requisitioned lands.

39. Reconstitution of plots.

40. Power to exempt schemes from provisions of Sections 26 to 31.

CHAPTER IV

t

_Acquisition and Dis-posal_ _of Land_

~ Sections

41. Power to purchase or lease by agreement.

42. Betterment charges.

43. Notice _to_ persons liable for betterment charges.

44. Agreement for payment of betterment char,ges.

45. Recovery of betterment charges.

46. Power to dispose of land.

47. Disputes regarding reconstitution or plots.

CHAPTER V

_Tribunal_

48. Constitution of a Tribunal for certain purposes.

49. Officers and employees of the Tribunal.

50. Payments by Board on account of Tribunal.

51. Appeals from awards of Tribunal.

52. Awards and Orders of Tribunal to be executed by Civil Courts.

l

CHAPTER VI

Power to evict persons from Board premises

53. Appointment of competent authorities.


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54. Power to evict certain persons from Board premises.

55. Power to recover rent or damages as arrears of land revenue.

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

57. Appeal.

58. Par of jurisdiction of Civil Courts.

CHAPTER VII

_Finance,_ _Accounts and Audit_

Sections

59. Board's fund.

60. Application of the fund .

61. Expenditure in case of urgency.

62. Subventions and loans to the Board.

63. Expenditure of the State Government to be treated as loan or

grant to the Board.

64. Power of Board to borrow.

65. Accounts and audit.

66. Concurrent and special audits of accounts.

CHAPTER· VIII

_Miscellaneous_

67. Reports.

68. Other statements and returns.

'39. Power of entry .

. 70. Notice of suit against Board.

71. Valuation of assets and liabilities of the Board.

7'1 _ Power to make rules.

-, :~. Regulations.


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74. Power to make bye-laws.

75. Penalty for contravention of bye-laws.

:. 76. Penalty for obstructing, etc.

77. Penalty for obstructing exercise of powers under Chapter VI.

         - 78. Authority for prosecution.

       - 99. Members, officers, employees of the Board to be public servants.

80. Protection of action taken under this Act.

81. Govern ment's power to give directions to Board.

82. Power to order inj uiries .

###### •

83. Det'ault in performance of duty and supersession.

           - 4_ Dissolution of the Board.

THE ASSAM STATE HOUSING BOARD ACT, 1972

_An_

_Act_

        - ~to cprovided-f-0r _m easures to be_ _taken_ to _deal_ _with_ _and_ _satisfy_ _the_
_need of housing accommodation_

_: ''Premble_

_ Whereas it is expedient to take such measures, to

make such schemes and to carry out such works as are
necessary for the purpose of dealing with and satisfy-
ing the need of housing accommodation and whereas
with that ob ject in view, it is necessary to establish a
Board and to make certain other provisions hereinafter

-'               - 14 appearing;

###### It is hereby enacted in the Twenty-third Year of

the Republic of India, as follows, namely:-

CHAPTER: I

**Preliminary**

8hort title

1. (1) This Act may be called the Assam State

.. extent and

**co nm ~ nc= ­** Housing Board Act, 1972.

inent.

(2) It extends to the whole of the State of

Assam .


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(3) It shall come into force on such date as the

State Government may, by notification in                   -
the official Gazette, appoint.

, ,

2. In this Act, unless the context otherwise                        -

requires-

(1) "betterment charge" means the charge dec-

lared to be pay able under Section 42 in
respect of an increase in the value of land
resulting from the f'".ecution of a housing or

improvement scheme ;

"Board" m eans the Assam State Housing

Board constituted under :section 3 ;

(3) "Board Premises" means any premises be--

longing to, or vesting in the Board, or taken

on lease by the Board or any premises which

is entr usted to or in the possession or control

of the Board for the purposes of this Act ;

(4) "Building materials" means such comrr.odi-

ties or articles as are specified to be building
materials for the purposes of this Act by the
State Government by notification in the
official Gazette ;

(5) "Committee" means any committee appoin-

ted under Section 16 ;

(6) "Competent Authority" means any person

or authority authorised by the Government.

by notification, to perform the functions of
the Competent Authority under Chapter VI
for such area as may be specified in the
notification ;

(7) "Government" menas the State Govern-

rr.ent;

(8) "Chairman" means the Chairman of th~

**Board;** ~

(9) "Housing Scheme" means Housing Scheme

made under this Act ;

(10) "Land" includes benefits to arise out of
land, and things attached to the earth or

permanently faster> to anything attached

to the earth ;


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members of Board ;

(12) "Prescribed" means prescribed by rules
made under this Act ;

(13) "Premises" rr.eans any land or building or
part of a building and includes- ,

(i) the garden, grounds and out houses if any,

appertaining to such building or part of
building ; and

(ii) any fittings affixed to such building or part

_ol a_ building for the more beneficial enjoy-

                    - ment thereof ;

(14) "Regulations" means the regulations made
under this Act ;

###### " (15) "Rules" means the rules made under this

Act;

(16) "Tribunal'; means the Tribunal constituted
under Section 48 ;

(17) "Year" means the financial year;

CHAPTER II

ESTABLISHMENT OF THE BOARD

Incorpora-
tion. 3. (1) The State Government shall, by notification

in the official Gazette, establish £or the purposes of this
Act a Board by the name of the Assam State 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 com-
petent to acquire and hold property both movable and
immovable and to contract and do all things necessary
for the purpose of this Act.

(3) For the purposes of this Act and tile Land Ac-

quisition Act, 1894, the Board shall be deemed to be a •
local authority.

Constitution
of the Board. 4. (1) The Board shall consist of a · Chairman ap-

pointed by the Government, and the following ~em­

bers, namely:-

(a) Secretary, Tovrn and Country Planning

Department.


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=-- --~-------

(b) Secretary, Finance or his representative.

(c) Chief Engineer, Public Works Department
(Roads and Buildings) or his representative.

(d) Chief Public Health Engineer.

(e) Town Planner and _Ex-officio_ Director of
Town and Country Planning Organisation,
Assam.

(f) Director of Panchay at and Director of Muni-
cipal Administration.

(g) Three members to be elect ed by the Assam
Legislative Assembly from amongst its

                           - . ·~ .members.

(2) The State Government may, by notification in

                       - the official Gazette, remove from office the Chairman.
or any other member who in the opinion of the State
Government, has been guilty of any misconduct or
negligence or has so abused his position as to render
his continuance as member detrimental to the interest
of the Board or of the general public :

Provided that no person shall be so removed from
office unless he has been given an opportunity to show
cause against his removal.

Leave of 5. The State Government may from time to time .
absence of grant to the Chairman such leave as may be adm1ssible ··
Chairman under the rules and any person whom the State Go-

vernment appoints to act for the Chairman during
such absence or leave shall, while so acting, be deemed
for all purposes of this Act to be the Chairman.

Disquali- 6. (1) A person shall be disqualified for being ap-
fication for pointed or continuing as the Chairman or member of
appointment on Board. the Board, if he-

(a) holds any office of profit under the Board,

(b) is of unsound mind,

(c) in an uncertificated bankrupt or an undis-
charged insolvent,

' ' "
. · ( d) has directly or indirectly by himself or by ·

any partner, any share or interest in any
contract with, by or on behalf of the Board.

_··1_ -.,\p [1]• ,,. or

=-- --~--------


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other salaried · officer of any incorporated
company which has any sha:r:e or interest in
any contract with, by or on behalf of the
Board, or

(f) has been or is convicted of any offence in-
volving moral turpitude;.

(2) A person shall not, however, be disqualified
under clause (d) or (e) of sub-section (1) or be deemed
to have any share or interest in any contract within the
meaniug of these clauses, by reason only of his or the
incorporated company of which he is a Director, Secre-

tary, Manager or other salaried officer having a share
or interest in any newspaper in which any advertise-
ment relating to the affairs of the Board is inserted.

(3) A person shall not also be disqualified under
clause (d)° or (e) of sub-section (1) or be deemed to have
any share or interest in any incorporated company
which has any share or interest in any contract or em-
ployment with by or on behalf of the Board, by reason
only of his being a share-holder of such company :

Provided that such person discloses to the State

Government the nature and extent of the shares held
by him.

Term of office and 7. (1). The Chairman and every other member (not
conditions of being an _ex-officio_ _member)_ shall hold office for a

service of Chair-
man and member. period of three years from the date of his appointment

as Chairman or other member, as the case may be :

Provided that the State Government may extend

the said period by a further period not exceeding one
year:

Provided further that after the expiry of the

period of his appointment a person shall be eligible for
re-appointment as Chairman or member :

Pr.ovided further that no person shall be appointed

as Chairman for more than three consecutive terms.

(2) Every member shall receive such allowances as

may be prescribed.

(~) The Chairman may hold office in an honorary

c<i pac1ty or on payment of remuneration. If any


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r .. .

remuneration is to be paid to the Chairman, ~uch remu-?.r

neration and other conditions of service s~all be su~h

as may be prescribed.

(4) The allowances to ~he members and. the rem.u-
neration, if any, to the Chairman shall be paid from the
fund of t he Board.

###### ?· If a member :-

Vec;:ancy of a mem- (a) becomes subject to any of the disqualifica-
ber. tions mentioned in section 6 ;

(b) tenders his resignation in writing to the State

Government, .or

(c) is absent without the permission of the
Board,

he shall cease to be a member.

Vecancy to be fill- 9 A . th b h' of the Board
ed as early as pra- . ny vacancy in e mem ers lp
cticable. shall be filled in as ~arly as practicable :

Provided that during any such vacancy the con-
tinuing members may act as if no vacancy had occur-
red.

Proceedings presu- 10. No disqualification of, or defect in the appoint-
med ·to be valid.

ment, Qf any person acting as Chairman or a member
of the Board shall be deem~d to vitiate any act or pro-
ceeding of the Board, if such act or proceeding is other-
wise in accordance with the provisions of this Act.

        - emperary ab senee

of members, 11. If any member of the Board other than the
Chairman is by infirmity or otherwise rendered tem-
porarily incapable of carrying out his duties or is
absent on leave or otherwise not involving the vacation 0
of his appointment, the State Government may appoint

another person to officiate for him and carry out his
functions under this Act or any rule or regulation
made therem;der.

Appointment of
officers and emplo- 12. (1) The Board shall have such officers and em-
yees and creation ployees as the Board may consider necessary for the
of posts. efficient performance of its functions :

Pr ovi~ e d that the Board shall not appoint any

officer in the scale of pay the maximum of which
exceeds one thousand and two hundred rupees a month
without obtaining the previous sanction of the State
Government.


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(2) The Board shall have power to create any post
on its establishment :

Provided that no new post the scale of pay: of
which exceeds one thousand and two hundred rupees
per month shall be created by the Board without the
previous sanction of the State Government.

Ccnditions of ser- 13. The remuneration and other conditions of ser-

vice of officers and vice of the officers and employees of the Board shall
employees. be such as may be determined by regulations.

Preparation - and 14. Before the first day of May of every year, the
maintenance of Board shall prepare and maintain a schedule of esta-
Schedule of esta-
blishment. blishment as on the first day of April of that year

showing,-

(i) the number, designations and grades and
scales of pay of the officers and employees
(other than the employees who are paid by
the day or whose pay is charged to tempor-
ary work), whom it considers necessary and
proper to employ for the purposes of this
Act;

(ii) the amount and nature of the salary, fees
and allowances to be paid by the Board to
each such officer or employee ;

(iii) the amount to b.e paid by the Board towards
leave salary pension, provident fund or any
other purpose in respect of each such officer
or employee.                -

General disqua- 15. No person who has directly or indirectly ' by
lification of all himself or his partner or agent any shares or interest
officers and em- in any contract, by or on behalf of the Board, other-
ployees. wise than as an officer or employee thereof, shall be-

come or remain an officer or employee of the Board.

Appointment of 16. (1) Subject to any rules made in this behalf,
Committee. the Board may from time to time appoint one or more
Committees for the purpose of securing the efficient
discharge of its functions, and in particular for the
purpose of securing that the E"aid functions are exer-
cised with due regard to the circumstances and re-

quirements of par ticular local areas.

(2) Any Committee appointed under sub-section
(1) shall meet to discharge the functions assigned to it
in such manner as m ay be directed by the Board.


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**Conduct of Business**

Meetings _,rnoard. 17 .The Board shall meet from time to time and

shall make such arrangements with respect to the d~y,
time notice, management and adjournment of itf>
meetings as it thinks fit, subject to the following pro-

visions, namely : -

(a) an ordinary meeting shall be held once at
least every two months and five members
shall form the quorum ;

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

( c r every meeting shall be presided over by the
Chairman and in his absence, by any mem-
ber chosen by the meeting to preside for the
occasion;
(d) all questions at any meeting shall be decided
by a majority of the votes of the members
present and in case of equality of votes, the
person presiding shall have the right to ex-
ercise a second or casting vote ;

(e) the minutes of the proceedings of each meet-
ing shall be recorded in a book to be provided
for the purpose.

~en_:iporary asso· 18. (1) The Board may associate with itself, any

c[1]:'tton ofpersons person whose assistance or advice it may desire for
with Board for . . . . .
particular purpose. carrymg mto effect any of the prov1s1ons of this Act :

Provided that the number of persons so associated.
shall not be more than three.

(2) A person associated with the Board under sub-
section (1) for any purpose shall have the right to take
part in the deliberations of the Board relevant to that
purpose, but shall not have the right to vote.

(3) The State Government may, by order, depute
its representatives to attend any meeting of the Board
and to take part in the deliberations of the Board, on
such items or subjects as the State Government may
specify but such representatives shall not have the
right to vote.


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**Contracts**

Power to make 19. The Board may enter into and perform all such
contracts. contracts as it may consider necessary or expedient for
carrying out any of the purposes of this Act.

Execution of Con- 20. **(1)** Every contract shall be made on behalf of

tract.
the Board by the Chairman :

Provided that-

(a) no contract involving an expenditure of

rupees twenty lacs and more shall be made
without the previous sanction of the State
Government ;

(b) no contract involving an expenditure of five
thousand rupees and more shall, subject to
clause (a) above, be made without the previ-
ous sanction 0£ 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.

~~~~~~;iop:wer ofto 21. Subject to. any. rule which the State Govern-

sanction contracts~ ment may, make m this behalf, the Board may, by

order direct that the power conferred on it under sec- ·
tion 20 to sanction a cont ract shall be exercis2d by the
Chairman or any other officer specified by it in the
order.

Further provisions 22. (1) Every contract by the Chairman on behalf
as to execution of of the Board shall, subject to the provisions of this
contracts, section, be entered into in st,1ch manner and form as
may be prescribed.
(2) A contract not executed as provided in this

section and the rules made thereunder sha 11 not be
binding on the Board.

###### .. CHAPTER III

**Housing** **Schemes**

Power and duties 23. (1) Subject to the provisions of this Act and
of Board to under subject to the control of the State Government
take Housing the Board may, from time to time incur exp e n ditu r ~

Schemes, d d t k k . . .
an un er a e wor s m any area m which this Act is
dn force for the framing and execution of such hous-
ing schemes as it may consider necessary.


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(2) The State Government may, on such terms and
conditions as it may think fit to impose, entrust to
the Board the framing and execution of any housing
scheme whether provided for by this Act or not, and
the Board shall thereupon undertake the framing and
execution of such scheme as if it had been provided
for by this Act.

(3) The Board, on such terms and conditions as
may be agreed upon and with the previous approval of
the State Government, take over for executing any
housing scheme on behalf of a l.ocal authority or co-

operative society or on behalf of an employer when the
houses are to be built mainly for the residence of his

employP.es, and the Board shall execute such scheme as
if it had been provided for by this Act.

Matters to be 24. Notwithstanding anything contained in any

provided for by other law for the time being in force , a Housing Sche-

Rousing Scheme.

me may provide for all or any of the following mat-
ters, namely:-

(a) the acquisition by purchase, exchange or
otherwise of any property for necessary or

affected by the execution of the scheme ;

(b) the laying or relaying out of any land com-
prised in the Scheme ;

{c) the distribution or redistribution of site be-
longing to owners or property comprised in
the Scheme;

(d) the closure or demolition of dwellings or
portions of dwellings unfit for human habi-
tation ;

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

(f) the construction and reconstruction of build-
ings;

(g) the sale, letting out or ex~hange of aI}y pro-

perty comprised in the Scheme;

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

(i) p:ovi~ion of the dra~ning, water supply and
hghtmg of the area mcluded in the Scheme·
'


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(j) the provision of parks, playing fields and
open space for the benefit of a~y. a~ea com-
prised in the Scheme or any adJommg areas
and the enlargement, and ,improvement of
existing parks, playing-fields, open spaces

and approaches;

(k) the reclamation or reservation of lands for
markets, gardens, playing-fields, s?~oo~s,

dispensaries, hospiitals and other amenities m
the Scheme;

(1) the letting out, manage ment and use of the

Board premises;

(m) the provision of sanitary arrangements re-

quired for the area compriised in the Scheme,
including the conservation and prevention
of any injury or contamination to rivers or
other sources and means of water supply;

(n) the provision of accommodation for any class
of inhabitants;

(o) the advance of money for the purpose of the
Scheme;

(p) the proviision of facilities for communication
and transport;

(q) the collection of such information and statis-
tics as may be necessary for the purposes of
this Act;

(r) any other matter for which, in the opinion of

the State Government, it is expedient to
make provision with a viiew to provide hous-

ing accommodation and to the improvement
on development of any area comprised in the
Scheme or any adjoining areo. or the general
efficiency of the Scheme ;

###### • Exvlanation:-For the purposes of this section the

State Government may, on the recommendation .of the
Board, by notification in the official Gazette, specify
such areas surrounding or adjoining- the area included
in a housing scheme to be the adjoining area.

No Housing 25. (1) No housing scheme shall be made und er

£Scheme or area t? JD beclumdeadde this Act for any area • for which an improvement Sche-

in an improvement me has been sanctioned by the State Government

Tinconsisp~cown hem~ te1nt annmg or ~b~ 1 th the under constitution . any th enactment S of a for municipal . the . time corporatibeing in 0n force for ::my for

Schemes, area m e tate to which this Act extends, nor any


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which is inconsistent with any of the matters included
in a Town Planning Scheme sanctioned by the State
Government under the Assam Town and Country
Planning Act, 1959 or in any town planning scheme
duly made by or under any corresponding law for the
time being in force.

(2) If any dispute arises,whether a housing scheme

made under this Act includes any area included in an
improvement scheme sanctioned under any such enact-
ment as aforesaid or contains anything inconsistent
wiith any matt er included in Town planning Scheme
sanctioned under the Assam Tovln and Country Plan-
ning Act, 1959 or in any Town Planning Scheme duly
made by or under any corresponding law for the time 0
being in force, the decision of the State Government
shall be final.

Submission of bud- 26. (1) The Chairman shall, at a special meeting to

get to Board. be held in the month of February in each year, lay be-

fore the Board, a budget of the Board for the next
year.

(2) Every such budget shall be prepared **in** such

form as may be prescribed and shall make provision
###### for-

(i) the . housing schemes which the Board pro-

poses to execute whether in part or whole
during the next year,

~ii) the due fulfilment of all the liabilities of the

Board, and

(iii) the efficient administration of this Act, **and**

shall contain a stateI:nent showing the esti-
mated receipts and expenditure on capital

and revenue accounts for the next year and
such other particulars as may be prescribed.

Board's sanction to . 27. The Board shall consider the budget laid before

Budget. it under the last precedting section and sanction it with

or without modification.

Submission of san-
ctioned budget to 28. (1) Everv budget sanctioned by the Board shall

State Government be subm~tted to the State Government for approval.
for approval. At any time after the receipt of the Budget, the State

Government may app.rove the budget as sanctioned by
the ~o.ard. or returr: 1t to the Board for . making such

mod1flcat10ns therem as the State Government may

deem fit.


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State Government for making any mod1ficatI~n th~re­
in, the Board shall forthwith ma~e such mod1ficat10ns
and submit the budget as so modified to the State Go-
vernment, which may then approve [1]it.

Supplementary 29. The Chairman may, at any time during the
budget.

year for which a budget has been approved by .th~ ..

State Government, lay before the board a supplemen-
tary budget and the provisions of sections 26, 27 and
28 shall apply to such supplementary budget.

Publication and 30 After the budget is approved by the State Go-

! execution of hous-

ing schemes. vernm~nt, the Board shall cause the housing schemes,

in respect of which provision is made in the budget, to
be published in the official Gazette in such manner as
may be prescribed, and proceed to execute the new
schemes.

   - Variation of hous- 31. The Board may at any time vary any housing
ing schemes . .z scheme or any part thereof included in the budget

approved by the State Government :

Provided that no such variiation shall be made if it
involves an expenditure in excess of 10 per cent of the

amount as included in the budget approved by the
State Government for the execution of any housing

scheme or if it affects the scope or purpose of such
scheme.

Transfer rnn the 32. (1) Whenever any street, square or other land,
0
Board ~ purposes or any part thereof situated in any area of a Corpora-
of hous1vg scheme . M . . l' ' M hk p        - h d ·
of land rested in hon, umCilpa ity or o uma ans ad and veste m
a Corpoaation, the Corporation, Murni.cipality or Mohkuma Parishad

Muhnkiciplipty . 0
M 0 1[rd ][constituted ][therefor, ][is ] [required ][for ][the ][purpose ][of ][anv ]

uma ansia h        - h        - 1 d d ' h b d d bu
ousmg sc eme me u e m t e u get approve y
the State Government, the Board shall give nobice
accordingly to the Corporation, Municipality or Moh-
kuma Parishad as the case may be.

(2) Where the Corporation, Municipality or Moh-

kuma Pad.shad concurs, such street, square or other
land, or part thereof, shall vest in the Board.

e

(3) Where there is any dispute, the matter shall be

referred to the State Government. The State Govern -
ment shall, after hearing the Corporation, Municipality
or Mohkuma Parishad concerned, decide the matter
and the decisiion of the State Government shall be final.
###### If the State Government decides that such street
square or land, or part thereof, shall vest in the Board'
it shall vest accordingly. '


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(4) Nothing in this seetion shall affect the rights or                     -

powers of the Corporation, Mund.cipality or Mo.hkuma
Parishad in or over any drain or water works m such
streets, square or land.

Compensation in 33. (1) Where any land vests in the Board under
respect. of land the provisions of section 32 and the Board makes a
vested m the Board. declaration that such land shall be retained by the
Board only until it revests in the Corporation, the ,,
Municipality or the Mohkuma Parishad., as part of a
street or open space under section 36, no compensation
shall be payable by the Board to the Corporation, the ~

Municipality or the Mohkuma Parishad, as the case
may be, d.n respect of that land.

(2) Where any land vests in the Board under sec-

tion 32 and no declaration is made under sub-section
(1) in respect of the land, the Board shall pay to the
Corporation, the Municipality or the Mohkuma pari-
shad, as the case may be, 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 Corporation, the Municipality or the
Mohkuma Parishad, as the case may be, the Board shall

pay to the Corporation, the Municipality or the Moh-
kuma Parishad, compensation d.n respect of such land
in accordance with the provisions of sub-section (2) .

Power of Board .} 34. (1) The Board may turn, divert, discontinue the

to turn or close public use of, or permanently close, any publiic street
public street vest- vested in it or any part thereof.
etl in it.

(2) Whenever the Board discontinues the public
use of, or permanently closes, any public <Street vested
in it .or any part thereof, it shall, as far as practicable, 0
prowde some other reasonable means of access to be
substituted in lieu of the use, by those entitled, ·of the
street or part thereof and pay reasonable compensation 0
to every person who is entitled, otherwise than as mere
member of the public, to use such street or part as a
mean of access and has suffered damage from such dis-

~n~inuance or closing,

I:·:.

(3) In defermining the compensation payable to

any person under sub-section (2) the Board shall make
allowance for any benefit accruing to him from the
construction, provision or improvement of any other


-----

street or part thereof, on account of which the compen-
sation 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 sadd street as is no
longer required.

~ **Reference to** **Tri-** 35. If there is any dispute as to whether any com-
bunal in case of pensation is payable under section 33 or as to the am-
dispute under
section 33 or 34. ount of compensation payable under section 33 or sec-

tion 34, as the case may be, the matter shall be referred
to the Tribunal.

###### • Vesting in Cor- 36.(1) Whenever the State Government is satisfied-

poration, Munici-
palty or Mohkuma (a) that any street laid out or altered by the
Parishad, of street
laid out or altered Board has been duly levelled, paved, metal-
and open space led, flagged, channelled, sewered and drained
provided by the as required for any housing scheme included
Board under Hous-

ing Scheme. in the Budget approved by the State Govern-

ment under section 28, and

(b) that such lamps, lamp-posts and other ap-
paratus as the Corporation, the Municipality
or Mohkuma Parishad, as the case may be,
considers necessary for the lighting of such
street and as ought to be provided by the
Board have been so provided, and

(c) that water and other sanitary conveniences
have been duly provided d.n such street, the
State Government may declare the street to
be a public street and the street shall there
upon vest in the Corporation, Municipality or
Mohkuma Parishad as the case may be, and
shall thenceforth be maintained, kept in re-
pair, lighted and cleaned by the Corporation,
Municipallity .or Mohkuma Parishad.

(2) When any open space for purposes of ventila-
tion or recreation has been provided by the Board in

0 executing any housing scheme, the Board may at its

option by resolutlion transfer such open space to the
local authority concerned on completion of the scheme
and thereupon such open space shall vest in and be
maintained at the expense of the local authority:

Provided that the local authority may require the
Board before any such open space is so transferred to
enclose, level, turf, dradn 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 arises between the
Board and the Corp,oration, Municipality or Mohkuma
Parishad in respect of any matter referred to in the

foregoing provisions of this section, t he matter shall be
referred to the State Government whose decisiop shal1
be finaL

Other duties of 37. (1) It shall be t he duty of the Board to take
the Board,

necessary measures to maint ain, allot, lease or other..:!
wise use the Board premises and to collect rents, com-
pensation and damages in respect th ereof

(2) The Board may,-

..

(i) provide technical advice to the State Govern-

ment and scrutinize projects under housing

schemes in the area to which this Act extends

when required by the St ate Government to
do so;

(ii) undertake research on v arious problems con-

nected with housing li.n general and find out

in particular the econ omical methods of cons-

tructing houses suited to local cqnditions ;

(iii) undertake comprehensive surveys of pro-

blems of housing ;

(iv) grant loans to individuals or body of indivi                        -
duals for building houses under different

schemes either at their own instance or

under the direction of the State Government
and recover the loans in such manner and in
such procedure as may be prescribed;

(v) do all things for-

(a) unificatli.on, simplification and standardisation

of building materials ;

(b) encouraging pre-fabrication and mal.is pro -
duction of house components;

(c) organising or undertaking the productli.on of

building materials for residential or non-re-
sidential house ;

(d) securing a steady and sufficient supply of

wotkmen trained in the work of construction

of buildings.


-----

Board to as aume 38. The Board shall, subject to the general control

man~c;ment of of the State Government, assume management of all
requmtioned lands. such lands requisitioned or continued to . be subject to

requisition, by or under the aut~o~i.ty of the Sta~e. ~o­

vernment under the Assam Requisition and Acquisition

Act, 1964 or by or under any corresponding law for the
time being in force, as the State Government may
dd.rect.

Rccon-1titution of 39. A housing scheme may provide-

plots.

(a) for the formation of a reconstituted plot by

the alterations of the boundaries of an origi-
nal plot;                     -

a

(b) with the consent of the owners that .two or
more original plots each of whd.ch is held in
ownership in severaley or in joint ownership
shall, with or without alteration of bounda-
ries be held d.n ownership in common as a

reconstituted plot;

(c) for the allotment of a plot to a_ny own~r dis-
possessed of land in furtherance of the hous-

ing scheme ; and

(d) for the transfer of ownership of a plot from

one person to another with the consent Gf
such persons.

Power to exempt 40. The State Govern~ent may, by general or
Schemes from special order published in the official Gazette, exempt

provisions of sec- any housd.ng scheme undertaken by the Board from all

tions 26 to 31.

or any of the provisions of sections 26 to 31 subject to
such conditions, if any, as it may impose or may direct
that any such provision shall apply to such scheme
Wiith such modifications as may be specified in the
order.

###### "

CHAPTER IV

_Acquisition and Disposal of Land_

Power to pur- 41. (1) The Board may enter into an agreement

chase or lease by with any person for the acquisition from him by pur-

agreement. chase, lease or exchange, of any land which ~s 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 inter-
ference therewith.


-----

Board to as aume 38. The Board shall, subject to the general control

man~c;ment of of the State Government, assume management of all
requmtioned lands. such lands requisitioned or continued to . be subject to

requisition, by or under the aut~o~i.ty of the Sta~e. ~o­

vernment under the Assam Requisition and Acquisition

Act, 1964 or by or under any corresponding law for the
time being in force, as the State Government may
dd.rect.

Rccon-1titution of 39. A housing scheme may provide-

plots.

(a) for the formation of a reconstituted plot by

the alterations of the boundaries of an origi-
nal plot;                     -

a

(b) with the consent of the owners that .two or
more original plots each of whd.ch is held in
ownership in severaley or in joint ownership
shall, with or without alteration of bounda-
ries be held d.n ownership in common as a

reconstituted plot;

(c) for the allotment of a plot to a_ny own~r dis-
possessed of land in furtherance of the hous-

ing scheme ; and

(d) for the transfer of ownership of a plot from

one person to another with the consent Gf
such persons.

Power to exempt 40. The State Govern~ent may, by general or
Schemes from special order published in the official Gazette, exempt

provisions of sec- any housd.ng scheme undertaken by the Board from all

tions 26 to 31.

or any of the provisions of sections 26 to 31 subject to
such conditions, if any, as it may impose or may direct
that any such provision shall apply to such scheme
Wiith such modifications as may be specified in the
order.

###### "

CHAPTER IV

_Acquisition and Disposal of Land_

Power to pur- 41. (1) The Board may enter into an agreement

chase or lease by with any person for the acquisition from him by pur-

agreement. chase, lease or exchange, of any land which ~s 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 inter-
ference therewith.


-----

(2) The Board may also take st~ps for the cor;ipul-

sory acqud.sition of any land or any ~ter.est ther~m re-
quired for the execution of a housmg scheme m the
manner provided in the Land Acquisition Act and the
acquisition of any land or any interest thereto f?~ ~he
purposes of this Act shall be deemed to be acqmsition

for a public purpose within the meaning of the Land
Acquisition Act.

Betterment charges. 42. (1) When by the making of a housing scheme
any land in the area comprised in the scheme will, in
the opindon of the Board be increased in value, the
Board in frarp.ing the scheme may declare that better-

ment charges shall be payable by the owner of the land
or person having an interest therein in respect of the
lincrease in value of the land from the execution of the
scheme.

(2) Such increase lin value shall be the amount by
which 1;.he value of the land on the completion of exe-
cution of the scheme estimated as if the land were

clear of the buildings exceeds the value of the land
orior to the execution of the scheme estimated in like
manner and the betterment charges shall be 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.

_Explanation.-For the_ purpose of this sub-section

the State Government may on the recommendation of
the Board, by notification in the official Gazette, dec-
lare such land which is situated near or contiguous or
adjacent to any land comprised in a scheme to be adja-
cent to the area comprised in such scheme.

Notice to persons 43. (1) The Board shall give notice in the prescrib-

liable for better ed form to any person who is the owner of or has inte-
men t charges.
rest in the land in respect of which the betterment 0

ch~rges are to be levi~d and shall give such person an
opportunity to be heard.

0

(2) After hearing such persori 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 con-
cerned wiithin the period prescribed, 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.

(5) The Tribunal shall, after holding an inquiry
and after hearing the person concerned, assess the
amount of the betterment charges payable-by the per·-
son.

Agreement for 44. (1) Any person liable to pay betterment charges
payment of better- respect of any land may at his option, instead of pay-·
ment charges. d.ng the same to the Board, execute an agreement with
the Board to leave the payment outstanding as a char-
ge on his interest in the land, subject to the payment
in perpetuity of interest at such rate as may be pres-

###### • cribed.

(2) Every payment due from any person in respect

###### • of betterment charges and every charge referred to in

sub-section (1) shall notwithstanding anything contain-

ed 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.

Recovery of bett· 45. All sums payable in respect of any land by any

erment charges. person in respect of betterment charges under section

42 or by any person under an agreement under section
44 shall be recoverable on behalf of the Board as an
arrear of land revenue.               -

Power to dispose 46. Subject to any rules made by the State Go-
of land.

vernment under this Act, the Board may retain, lease,
sell, exchange or otherwise dispose of, any land, any
building or other property vesting in it and situate in
the area comprd.sed in housing scheme permitted under
this Act.                -

Disputes regarding 47. (1) Where by the making of a housing scheme,
reconatitution of

any plot compris~d in the area included in the scheme

plots.

are reconstituted or any person is dispossessed, any
person affected by such reconstitution or dispossession

0 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

~nform. the Board accordingly. The Board shall there-

upon refer the matter to the Tribunal.

(2) The Tribunal shall then after making an inqui-·

ry determine the amount of compensation and direct
the Board to pay the same to the person entitled.


-----

CHAPTER V

_TribunaL_

Constituton 48. (1) Notwithstanding anything contained in thecen•ral Act I,

of a Tribu Land Acquisition Act, 1894 the Government m~y cons- of 1894·

nal for cer • titute a Tribunal for the purpose of performing the __,.--

tain purpose functions of the court with reference to the acquisition
of land for the Board under the said Act, for deciding ~

disputes relating to levy or assessment of betterment
charge and for deciding such other matters as may be
prescribed. ~

(2) The Tribunal shall consist of one person only
who shall be a judicial officer not below the rank of
District Judge or possessing qualifications to be ap-
pointed as a Distrii.ct Judge.

(3) The Tribunal shall have the same powers as are Central Act

         - vested in a Civil Court under the Code of Civil Proce- V of 1908.

dure, 1908.

Officers and
Board on 49. The Tribunal may, with the previous sanction

cmplo~es of. of the Government, appoint such officers and ~mplo-

~h• Tribunal yees as it . cons1 "d ers necessary f or carrying · on 1 "t s us1-b    -
ness, and the remuneration and other conditions of
services of such officers and employees shall be such
as may be prescribed.

Paymentsby 50. The amount -necessary for the payment of re-

Tc~bunt
1 [of ] [muneration, ] [salaries][, ] [allowances ] [and ] [other ] [contribu-]

n una · tions payable to the Tribunal and the ofncers and
employees of the Tribunal shall be paid out of the
funds .of the Board, wd.th the prior approval of the
Government.

Appeals from 51. (1) Notwithsanding anything to the contrary in Central Act

~~fu~~al. of the Land Acquisition Act, 1894 the award of the Tri- 1 of 1894.
bunal in relation to the acquisition of land shall be
deemed to be the award of the ,court under the said Act. c

(2) Any person who does not agree to the amount
of the compensation awarded by the Tribunal for the o

l~nd ac.quired for the Board under the Land Acquisi-
tiont Atcht, 1894 art.to the tperfsonhs to whom ii .iis payable ~e0~tr~~~c

or o e appor 10nmen o i e compensation among
those persons may, within sixty days from the date of
the award of the Tribunal prefer an appeal to the
Gauhati High Court:
Provided that the Hiigh Court may entertain the
appeal after the expiry of the said period if it is satis-
fied that the appellant was prevented by sufficient·

cause from filing the appeal in time.


-----

Awards ~d 52. Every award of the Tribunal and every order

orders of Tribunal "b f h t f f
t'o be executed by made by the Tn unal or t e paymen o money, or

Civil Courts1 the deliYery of possession or removal of any structure
shall be enforced by the Assistant District Judge's
Court having jurisdiction over the area in which the
land concerned in the proceeding of the Tribunal is
situated as if it were the decree of the said Court.

CHAPTER VI

_Power to evict persons from Board premises_

Appointment of

53_. The State Government may, by notification in

competent
authorities. the official Gazette, appoint an officer who holds or

has held office which, in its opinion, d.s not lower in

rank than that of a Deputy Commissioner or an Exe·

cutive Engineer, to be the competent authority for
performing the functions of the competent authority
under this Chapter in such area, or in respect of such
premises or class of premises, as may be specified in
the notification, and more than one officer may be
appointed as competent authority in the same area in
respect of different premises or different classes of
premises.

Power to evict 54. (1) If the competent authority is satisfied-
certain persons
from Buard pre·

mises. (a) that the person authorised to occupy · any

Board premises has,

(d.) not paid rent lawfully due from him in res-
pect of such premises for a period of more
than two months, or

(ii) sub-let, without the permission of the Board,

, .' the whole or any part of such premises, or

(iii) committed, or is committing any acL com-

trary to the provisions of clause (o) of section

108 of the Transfer of Property Act, 1882, or

(iv) made, or is making, material additions to or
alterations, in such premises without the
previous written permission of the Board or

. '

(v) otherw1ise acted in contravention of. any of

the terms express or implied, under which
he is authorised to occupy such premises, or

(b) t hat any person iS in unauthorised occupation
of any Board premises, the competent au·
th?rd.ty :nay, notwithstanding anything con-
tamed m 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 dcior or "

some other conspicuous part of such pre-
mises, or (iii) in such other manner as may
be prescribed, order that person as well as :

any other person who may be 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) Before an order under sub-section (1) is made

against any person the competent authority shall in-
form the person by notice in writing of the grounds
for which the proposed order is to be made and give
him a reasonable opportunity of tendering an explana-

~ion and producing evidence, if any, and to show cause
why such order should not be made, within a period
to be specified in such notice. If such person makes an
application to the competent authority for extension
of the period specified in the notice, the competent
authority may grant the same on such terms as to pay-
ment and recpvery of the amount claimed in the notice

as he deems fit. Any written statement put in by such
person and documents produced in pursuance of such
notice shall be filed with the record of the case and
such person shall be entitled to appear before the
Officer proceeding in this connection by advocate, at-
torney or pleader. Such notice in writing shall be ser-
ved in the manner provided for service of notice under

sub-section (1).

(3) If any person refuses or fails to comply with

~n order made und er sub-section (1), the competent
authority may evict that person from, and take posses-
sion of, the premises and may for that purpose use

rnch force as may be necessary.

( 4) If 2 person, who has been ordered to vacate

<my premises under sub-clause (i) or (v) of clause (a)

of sub-sect ion (1) within one month of the date of ser- 0
vice of the nojce or such longer time as the compete:1.t
authonity may allow, pays to the Board the rent in
arr ea rs or carries out or otherwise complies with the
terms contravened by him, to the satisfactbn of the

competent authority, as the case may be, the competent

::i.uthor!ty shall, in lieu of evicting such person under

su b-section (3), 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 rimmediately

before such notice was served on him


-----

_Explanation.- For the purposes of this section and_
sect ion 55 the expression "unauthorized occupation".
in relation to any person authorized to occupy any
Board premises, includes the continuance in occupation

by h im or by any person claiming tt:rough or un~er
him of the premises after the authomty under which
he was allowed to occupy the premises has been duly
determined.

l'o we! to recove r 55. (1) Subj ect to any rules made by the State Go-
rent or dam ages vernment in this behalf and without prejudice to the
as arrears of land provisions of section 54 where any person is in arrears

revenue. of r ent payable in respect of any Board premises, the
competent authority may, by notice served (i) by post,
or (iii) by affixing a copy of it on the outer door or some
other conspicuom' part of such premises, or (iU) in such
other manner as m ay be prescribed, order that person
to pav the same within such time not less than fifteen
days as may be specified in the notice. If such person
refuses or fails to pay the arrears of rent w~thin the
time specified in the notice, such arrears may be reco-
vered as arrears of land revenue.

(2) Where any person is in unauthorised occupa-

tion of any Board premises, the competent authority
may, in the manner, and having regard to the princi-

ples of assessment of damages, prescribed in this
behalf, 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, (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 with-
in such time as may be specifi ed in the notice. If any
person refuses or fails to pay the damages within the
time specified in the notice, the damages may be reco-

ver ed from him as arrears of land revenue.

(3) No order shaU be made under sub-section (2)
until after the service of a notice in writing to the per-
son calling on him to .show cause, within a reasonable
period to be specified in such notice, why such order
should not be made, and until his objections, if any,
and any evidence he may produce in support of the
same h ave been considered bv the competent autho-
r.ity.

Rent to be 56. (1) Without pre judice to the provisions of sec-
recover td from tion 55. any person who is an employee of the State
deductions from
salary of wages Government or a local authority and who has been

in certain cues. allotted any Board premises, may execute an agree-

ment i!l favoor of the State Government or any local
authority, as the case may be, providing that the State


-----

Government or the local authority, as the case m,ay be,
under or by whom he is employed, shall be competent
to deduct from the salary or wages payable to him
such amoupt as may be specified in the agreement and
to pay the amount so deducted to the Board in satisfac-
tion of the rent due by him in respect of the Board
premises allotted to him.

(2) On the execution of such agreement, the State

Government or local authority, as the case may be,
shall if so required by the Board by reqlllisition in
writi'ng 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 :

Provided that no such agreement in favour of the

local authority by the employee concerned shall be
valid unless such local authority has agreed in writing
to mal(e such deduction on account of rent from the
salary or wages of the employee.

57. (1) Any person aggriieved by an order of the

Appeal

competent authority under section 54 or section 55
may, within one month of the date of the servi~e of
the notice under section 54 or section 55, as the case
may be, prefer an appeal to the State Government :

Provided that the State Government may entertain
the appeal after the expiry of the said period of one
month, if it is satisfied that the appellant was preven-
ted by sufficient cause from filing the appeal in time.

(2) On reciept of an appeal under sub-section (I)
the State Government may, after calling for a report
from the competent authority, and after hearing the
appellant and making such further inquiry, if any, as
may be deemed necessary, pass such orders as it thinks
fit and the order of the State Government shall be
final. 0
(3) Where an appeal is preferred under sub-section
(1), the State Government may stay the enforcement

of the order of the competent authority for such period
and on such conditions as it thinks fit.

Bar of Jurisdicf 0 n 58. No order made by the State Government or the
of Civil Courts~ competent authority in the exercise of any power con-

ferred by or under this Chapter shall be called in
question in aDy civil court and no injunction shall be
granted by any court or other authority in respect of
<:my action taken or to be taken in pursuance of any

power conferred by or under this Chapt-er.


-----

CHA P'l'~R VII

_Finance, Accounts and Audit_

Board's Fund. 59. (1) The Board shall have its own fund ..

(2) The fund of the Board sh all consist of-

(i) all grants, subventions, donations and gifts

received from the Central or State Govern-
ment or a local authority or any individual
or body, whether incorporated or not, for
all or any of the purposes of this Act, and

I (ii) all moneys received by or on behalf of the

Board by virtue of this Act, all proceeds of
land or any oth er kind of property sold by
the Board, all rents, betterment charges and
all interest, profit and other moneys . accruing

to the Board.

(3) Except as otherwise directed by the State Go-

vernment, all moneys, and receipts specified in the
foregoing provisions and forming part of the fund of
the Board shall be deposit ed in the Reserve Bank of
India or in any scheduled bank or invested in such
securities as may be approved by the State Govern-
ment.

(4) Such amounts shall be operated upon by such

officers as may be auth orised by t he Board.

_Explanation:-For_ the purposes of this section the

Reserve Bank of India shall m ean the Reserve Bank of
Jndia constituted under the Reser ve Bank of India Act,
1934 and a scheduled bank sh all mean a bank included
in the Second schedule to the said Act.

Application 0f 60. All property, fund and all other assets vesting

tbP. fund . in the Board shall be held and ap plied by it, subject to

the provisions and for the purposes of this Act.

Expenditure in 61. (1) Where in the opinion of the Board, circums-
case of urgency.

tances of extreme urgency have arisen it shall be law-
ful for the Board to make in any year,-

(a) recurring expenditure not exceeding                      - enty-

five thousand rl'pees,

(b) non-recurring expenditure not ex ceeding one

lac of rupees.


-----

(2) Where any sum is expended under circum.: ,,..

stances of extreme ungency 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 State Govern-_
ment.

Subvention and 62. (1) The State Government may from time to
loans to the

:Board. time make subvention to the Board for the purposes of

this Act on such terms and conditions as the State Go-
vernment may determine.

(2) The State Government may from time to time

advance loans to the Board on such terms and condi-
tions not inconsistent with the provisions of this Act as
the State Government may determine.

Expenditure of the 63. (1) The State Government may, with prior con·

State Government sultation with the Board, at any time, declare that any

to be treated as d"t          - d b · d d"          - 't' t d
loan or grant to expen i ure mcurre y it an any procee mg mi ia e
the Board. by it, either before or after the constitution of the
Board, shall be expenditure incurred or proceedings
initiated, on behalf of the Board and upon such decla-
ration, amount equivalent to such expenditure shall be
deemed to have been given by the Government to the
Board as loan with effect from such date as the State
Government may appoint, provided that the State
Government may g~ve such amount as grant to the
Board instead of as loan.

(2) On a declaration being made under sub-section
(a) above, such assets and liabilities as may have been

created or as may have accrued as a result of the ex·-
penditure in respect of which a declaration have been
made under sub-section (4), shall vest in the Board.

Power of Board, 64. (1) The Board may, from time to time, with the
to borrow. previous sanction of the State Government and subject
to the provisions of this Act and to such conditions, as 0

may be prescribed in this behalf, borrow any sum re-
quired for the purposes of the Act.

(2) The rules made by the State Government for
the purposes of this section may empower the Board to
borrow by the issue of debentures and to make ar-
rangements with bankers.

(3) All debentures issued by the Board shall be in

such form as the Board, with the sanction of the State
Government, may from time to time determine.


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_( 4)_ Every debenture shall be signed by the Chair-

man and one other member of the Board.

(5) Loans borrowed and debentures issued under

this section may be guaranteed by the State Govern-

ment as to the repayment of principal and the pay-
ment of iinterest at such rate as may be fixed by the
State Government.

Account and 65. (1) The Board shall cause to be maintained pro-

audit.

per books of accounts and such other books as the rules
may require and shall prepare in accordance with the
r ules a_n annual statement of accounts.

(2) The Board shall cause its accounts to be audited

annually by such person as the State Government may
direct. The person so directed shall have the right to
demand the productii.on of books, accounts, and connec-
ted voucher, documents and papers, and to inspect any
of the offices of the Board.

(3) As soon as the accounts of the Board have been
audited, the Board shall send a copy thereof together
with a copy of the report of the auditor thereon to the
State Government and shall cause the accounts to be

published in the prescribed manner and place copies
thereof on sale at a reasonable price.

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

Concu11 ent and 66: (1) Notwithstanding anything contained in
special audits of Section 65, the State Government may order that there

accounts.

shall be a concurrent audit of the accounts of the Board

by such p erson as it thinks fit. The Stat~ Government
may also direct a special audit to be made by such per-
son as it thinks fit of the accounts of the Board relating
to any particular transaction or a class or series of

tran::a~~ions or to a particular period.

(2) When 2.n order is m ade under sub-section (1)

.1.1 ~ '

L_1c .ooar<l shall presc:nt or cause to be presented for

c:~di~ such accounts and shall furnish to the person

appomted under sub-section (1) such information as
the said person may r equire for the purpose of audit

and ren:.edy or cc::. use to be r emedied the defects pointed

out by such person, unless. they are condoned by the
State Govern ment.


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CHAPTER VIII

_M iscP llaneous_

Reports

67. The Board shall, before such date and in such

form and at such interval as may be prescribed, submit
to the State Government a report on such matters as
may be prescribed and the State Government shall
cause such report to be published in the official Gazett<:>.

Every such report shall be laid before the House of the
State Legislature as soon as may be after it is publish·-
ed.

Other statement 68. The Board shall also submit to the State Go-

a11d returns vernment such statistics, returns, particulars, state-

ments, documents or papers in regard to any proposed
or existing scheme or relating to any matter or pro-
ceedings connected with the working of the Board at
such times and in such form and manner as may be
prescribed or as the State Government may from time
to time direct.

Pov.er and entry· 69. The Chairman or any person either generally

or specially authorised by the Chairman in this behalf
may, with or without assistants or workmen, enter into
or upon any land, in order-

. (a) to make any inspection, survey, measure-

ment, valuation or inquiry ;

(b) to take levels ;

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

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

(c) to make such levels, boundaries and lines of

works and cutting trenches ; or

(f) to do any otht;r thing ;

whenever it is necessary to do so for any of the

purpOS\;S of this Act or any rules made or scheme sanc-

tioned 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 givJng the said occupier at least twenty-four

hours' previous written notice of the intention to make

such entry;


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(iii) sufficient notice shall in every instance be
given, even when any               - remises may otherwise be en-
tered without notice to enable the inmates of any
apartment appropriated to females to remove them-
selves to some part of. the premises where their privacy
will not be disturbed;

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

Notice of suit 70. No person shall file any suit against the Board
agains' Hoard. or against any officer or employee of the Board or any

person acting under the orders of the Board, for any-
thing done or purporting to have been done iin pursu-
ance of this Act, without giving to the Board, officer or
employee 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 complain-
ed of.

Valuation of assets
and liabities of the 71. The Board shall at the end of every five years
Board. have a valuation of its assets and liabilities made -by a
valuer appointed wii.th the approval of the State Go-

vernment:

Provided that it shall be open to the State Govern-
ment to direct a valuation to be made at any time it
may consider necessary.

Power to maket 72. (1) The State Government may, by notification
rules. in the official Gazette and subject to the condition of

previous publicatioh, make rules for carrying out the
purposes of this Act.

(2) In particular and without prejudice to the

g~nerality of the foregoing power such rules may pro-
V!l.de for all or any of the following matter, namely:-:-

(a) the allowances of members and remunera-
tion and conditions of service of the Chair-
man under section 7 ;

(b) the manner and :form in which contracts
shall be entered into under section 22 ;

(t} the t()rm of the annual budget to be laid be-

:fore the Board under sectiion 26 and the other
particuiats to be contained therein ·
                                                     - '

(d) the ;nann_er of publication of housing sche-
mes mcluded in the budget under section 30:


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(e) ihe form of notice under section 43;

(f) the rate of interest under section 44 ;

(g) the other matters to be decided by the Tri- -

bunal under section 49 .

(h) the forms of notices under sections 54 and
55 and any other manner in which they may
be served;

(i) the procedure to be followed in taking posses-

sion of any Board premises under section 54 ;

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

(k) the manner in which appeals may be prefer-
red u nder section 57 and the procedure to be

followed in -such appeals ;

(l) the conditions subject to which the Board may

borrow any sum under sec~on 64 ;

(m) the manner of preparation, maintenance and

publication of accounts under section 65 ;

(n) t he date before which, the form in which,

the interval at which and the matters on
which reports shall be submitted under sec-
tion 67;

(o) the time at which and the form and manner
in which statistics, returns, particulars, state-

ments, documents and papers shall be sub-
mitted under section 68;

(p) the manner dn which the Board shall be su-
perseded and reconstituted under section 83 ;

(q) any other matter which is or may be prescri-
bed m1der this Act ;

(3) All rules made under this section shall be laid

as soon as may be, after they are made, before the
Assarri Legislative Assembly while it is in session for
a total period of fourteen days which may be com-
prised in one session or in two successive sessions, and

H, before the expiry of the session in which it is so laid
or the session immediately following, the Assam Legis-
lative Assembly agree in making any modification in
the rule or the Assam Legislative Assembly


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agree that no rules should be made, the rules shall
thereafter, have effect only in such modified form
or be of no effect, as the case may be; provided
that any such modification or annulment shall be
without prejudice to the validity of anything previ-
ously done under the rules.

Regulations

73. (1) The Board may from time to time, with the
previous sanction of the State Government, make
regulations consistent with this Act and rules- .

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

(b) the principles to · be foll9wed in allotment
of tenaments and premises ;

(c) the remuneration and conditions of service
of the other officers and employees of the
Board under section 14 ;

(d) for regulating its Procedure and disposal of

its business.

(2) If it appears to the State Government that it

is necessary or desirable for carrying out the pur-

poses this Act to make any regulation in respect
of matters specified in sub-section (1) or to
amend any regulation made under that sub-section.
it may call upon the Board to make such regula-
tion or amendment within such time as it may
specify. If the Board fails to make such regulation
or amendment within the time specified, the State
Government may itself make 5Uch regulation or
amendment and the regulation or the amendment
so made shall be deemed to have been made by
the Board under sub-section (1).

Power to make 74. (1) The Board may make bye-laws, not
bye laws.

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 b;ye-law made under this section may
provide that a contravention thereof shall be an
offence.

. (3) No bye-laws made by the Board shall come

into-force until it has been confirmed by the State
Government with or without modification.


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be published in the official Gazette.

Penalty for con- 75. Whoever contra\·enes a bye-law made under
travehtsion of bye-section 74 shall on conviction be punished with
laws. imprisonment fo; a term which' may extend to six '

months or with fine which may extend to one thou-
sand rupees or with both.

Penalty or 76. If any person-

obstruction., etc.
(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 or required to do under

this Act, or

(b) removes any marks set up for the purpose
of indicating any level or direction
necessary to the execution of "works

authorised under this Act,

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

Penalty for 77. Any person who obstructs the lawful exercise
obstructing exerciseof any power conferred by or under Chapter VI shall
of powers under . . b        - h. d        - h fi h" h '
Chapter VI. on conv1ct10n, e pums e wit ne w IC may
extend to one thousand rupees.

Authority for 78. Unless otherwise expressly provided, no Court
prosecution. shall take cognisance of any offence punishable under
this Act except on the complaint of, or upon infor-
mation received from, the Board or some person
authorised by the Board by general or special order
in this behalf. .i

Members, officers, 79. All members, officers artd employees of the i

and employees of Board shall be deemed when acting or purporting to
the Board to be t . f f th         - · f th"
public servants. ac m pursuance o any o e prov1s1ons o is

Act, to be public servants within the meaning of
section 21 of the Indian Pehal Code.

Protection of
action taken 80. No suit, prosecution or oth~t legal proceedings
under this Act. shall lie against any person for anything done in

good faith or purpo:i;ted to be done under this Act.


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' 37

Governments 81. The State Government may give the Board

power to give
directions to such directions as in its opinion are necessary or
Board. expedient for carrying out the purposes of this Act.

It shall be the duty of the Board to comply with
such directions.

mqPower to uirir.s. order 82. (1) The State Government with a view to

satisfy itseU t hat the powers and duties of the Board
are being exercised and performed properly, may,

at any time, appoint any person or persons to make
inquiries into all or any of the activities of the Board
and to report to the State Government the result of
such inqu,iries.

(2) The Board shall give to the person or
persons so appointed all facilities for the proper

conduct of the inquiries and shall produce before the
person or persons any document, account or informa-
tion in the possession of the Board, which such

person or persons demand for the purposes of t he
inquiries.

Default in S
performance of 83 (1) If the tate Government is satisfied that

duty and super· the Board has made default in performing any du ty
msion. imposed on it by or under this Act, it may fix a

period for the performance of that duty.

(2 ) Jf in the opinion o" the St ate Government

the Board fails or neglects to perform such duty
within th e period so fix ed for its performance, it shall
be lawful for t he State Government. notwithstanding
anything contained in Section 8, to supersede and
reconstitute the Board in the prescribed manner.

## c

(3) A [ter the supersession of the Board and
until it is reconstituted the powers, duties and func                 -
tions of the Board under t his Act shall be carried on
by the State Government or by such officer or officers
as the State Government may appoint for this

purpose.

Dissolution of 84. (1) The State Government may, if it is satisfied

the Hoard. in public interest to do so, by a notification in the
official Gazette, declare that, with effect from such
clflte as may be. .. ~ecified in tha . ,notification, the

Board sh aH stand diss'dlve'd


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38

(2) With effect from the date specified in the
notification under sub-section (1),-

(a) all properties, funds and dues which are
vested vest in in and or realizable be realizable by the by Board the State shall ..
Government ;

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

(3) Nothing in this section shall effect the **t ,• I'**
liability of the State Government in res-
pect of loans or debentures guaranted
under sub-section (5) of Section 64.

###### &: I

_f_ .

**AGP.** **(Gau<)** **law** 255f74_~3,600-;-9-3-74


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