Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT HOUSING BOARD ACT, 1961 28 of 1961 [] CONTENTS CHAPTER 1 :- Preliminary 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- Establishment of the Board 3. Incorporation 4. Non-applicability of relevant Rent Act 5. Constitution of the Board 6. Grant of leave of absence to Chairman 7. Disqualification for appointment on Board 8. Term of office and conditions of service of members 8A. Removal of member from office 9. Cessation of membership 10. Vacancies 11. Proceedings presumed to be good and valid 12. Temporary absence of members 13. Appointment of officers and servants 14. Conditions of service of officers and servants 15. Provident Fund 16. General disqualification of all officers and servants 17. Appointment of committees 18. Meetings of Board 19. Procedure of Committees 20. Power to make contracts 21. Execution of contracts 22. Delegation of Boards power to sanction contracts 23. Further provisions as to execution of contracts CHAPTER 3 :- Housing Schemes 24. Duty of Board to undertake housing schemes 24A. Inclusion of area other than Urban area In scheme 25. Matters to be provided for by housing schemes 2 6 . N o housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme 2 7 . Preparation and submission of annual housing programme, budget and establishment schedule 28. . 29. sanction to programme and budget 30. . 31. Supplementary programme and budget 32. Variation of programme by Board after it is sanctioned 33. Sanctioned housing schemes to be executed 34. . 35. Transfer to, for purposes of housing scheme of land vested In municipal body or local board 36. Compensation in respect of land vested in the Board 37. Power of Board to turn or close public street vested In it 38. Reference to Tribunal in case of dispute under section 36 or 37 39. Vesting in municipal body [x x x ] or local board or streets laid out or altered and open space provided by the Board under housing scheme 40. Other duties of the Board 41. . 42. Reconstitution of plots 43. Power to exempt schemes from provisions of sections 27 to 31 CHAPTER 4 :- Acquisition and Disposal of Land 44. Power to purchase or lease by agreement 45-48. . 49. Power to dispose of land 50. Disputes regarding reconstitution of plots CHAPTER 5 :- Tribunal 51. District Judge to be the Tribunal 52. Duties of the Tribunal 53. . 54. Powers of and procedure before Tribunal 55. Decision of Tribunal to be final CHAPTER 6 :- Powers to evict persons from Board premises 56. Power to evict certain from Board premises 57. Power to recover rent or damages as arrears of land revenue 58. Rent to be recovered from deductions from salary or wages In certain cases 59. Appeal 60. Bar of jurisdiction of Civil Courts CHAPTER 7 :- Finance, Accounts and Audit 61. Boards Fund 62. Application of the fund 62A. Revolving Fund 63. Expenditure in case of urgency 64. Subventions and loans to the Board 65. Power of Board to borrow 66. Accounts and audit 67. Concurrent and special audit ofacconnts CHAPTER 8 :- Miscellaneous 68. Reports 69. Other statements and returns 70. Powers of entry 71. Notice of suit against Board 72. Quinquennial valuation of assets and liabilities of the Board 72A. Power of Board to construct buildings intended for public purpose on behalf of Government. Local authority or corporation owned or controlled by Government 3[or co-operative society].- 73. Power to make rules 74. Regulations 75. Power to make bye-laws 76. Penalty for contravention of bye-laws 77. Penalty for obstruction etc 78. Penalty of obstructing exercise of powers under Chapter VI 79. Authority for prosecution 8 0 . Members, officers and servants of the Board to be public servants 81. Protection of action taken under this Act 82. Governments power to give directions to Board 83. Default In performance of duty 84. Dissolution of the Board 85. Amendment of Bombay XXXI of 1984 86. Repeal and consequential provisions 87. Savings GUJARAT HOUSING BOARD ACT, 1961 28 of 1961 [] NOTIFICATION [Notification. No. HBA 2259/72145A. dt. 29-10- 1963. pub. in G.G.G. Pt. IV-B, dt. 7-11-63. p. 926].-In pursuance of clause (8) of section 2 of the Gujarat Housing Board Act, 1961 (Guj XXVIII of 1961), the Government of Gujarat hereby authorises the Housing Commissioner, Gujarat Housing Board. Ahmedabad to perform the functions of the competent authority under Chapter VI of the said Act in the City of Ahmedabad as constituted under the Bombay Provincial Municipal Corporation Act, 1949, the Ahmedabad City Taluka and the Saurashtra area of the State of Gujarat. [Notification. No. HBA 1262/16287A. dt. 23-4- 1962: pub. in G.G.G. IV-B. dt. 3-5-62. p. 223]. -In exercise of the powers conferred by sub-section 2 of the Gujarat Housing Board Act 1961, Government is pleased to appoint and authorise the Housing Commissioner, Gujarat Housing Board, Ahmedabad to perform the functions of the Competent Authority under chapter VI of the said Act in respect of the tenements of the Gujarat Housing Board constructed under the Subsidized Industrial Housing Scheme at Kalol. CHAPTER 1 Preliminary 1. Short title, extent and commencement :- (1) This Act may be called the Gujarat Housing Board Act, 1961. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Act, 1976. This Bill seeks to amend the Gujarat Housing Board Act, 1961 to achieve the aforesaid object. 2. Definitions :- in this act, unless there is anything repugnant in the subject or context,- (1) "Adjoining area" means such area as may be specified to be an adjoining area under section 25; 1 (1A) "apartment" means an apartment within the meaning of the Gujarat Ownership Flats Act, 1973 (Gujarat 13 of 1973:)] (2) "betterment charges" means the charges leviable under section 45; (3) "Board" means the Housing Board constituted under section 3 : (4) "Board Premises" means any premises belonging to or vesting in he Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purpose of this Act; (5) "building materials" means such commodities of articles as are specified to be building materials for the purposes of this act by the State Government by notification In the Official Gazette. [(5A) " building" includes a building within the meaning of the Gujarat Ownership Flats Act, 1973 (Gujarat 13 of 1973:)] (6) "bye-laws" means bye-laws made under section 75 : (7) "Chairman" means the Chairman of the Board: (8) "Competent authority" means any person authorised by the State Government by notification in the Official Gazette, to perform the functions of the competent authority under Chapter VI for such area as may be specified which is not lower in rank than that of a Deputy Collector or the Assistant Housing Commissioner under the Board: (9) "Housing Scheme" means a Housing scheme made under this Act: (10) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened and things attached to the earth or permanently fastened to anything attached to the earth: [(10-A) "land acquisition" the Land acquisition Act, 1894 (1 of 1894;) as in force in the State of Gujarat:] (11) "local board" means a local board constituted under the Bombay Local Board Act, 1923 (Bom. VI of 1923:) (12) "member" means a member of the Board; (13) "municipal body" means- (i) a corporation constituted under the BOMBAY PROVINCIAL MUNICIPAL CORPORATION ACT, 1949 (Bom. LIX of 1949): or 2 [ (ii) a municipality or a notified area committee constituted under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964:) (a) the Bombay District Municipal Act, 1901 (Bom. III of 1901) or that Act as applied to the Saurashtra area of the State of Gujarat: (b) the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925) or that Act as applied to the Saurashtra area or the Kutch area of the State of Gujarat: (14) "Premises" means any land or building or part of a building [including any apartment therein] and includes- (i) gardens, grounds and outhouses, if any, appertaining to such building or part of a building, and (ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof: (15) "prescribed" means prescribed by rules; (16) "programme" means the annual housing programme prepared by the Board under section 27: [x x x] [ (18) "regulations" means regulations made under section 74: (19) "Rent Act" means the Bombay Rents, Hotel and lodging House Rates Control Act, 1974 (Bom. LVII of 1947) as in force in the State of Gujarat:] (20) "rules" means rules made under section 73 : (21) "Secretary" means the Secretary of the Board: (22) "Tribunal" means the Tribunal constituted under section 51 ; (22-A). "urban area" means, an area which for the time being is within the limits of- (1) a city constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) along with a peripheral area of five kilometers, or (2) a municipal borough constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) alongwith a peripheral area of five kilometers, or (3) a notified area constituted under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) along with a peripheral area of five kilometers, or (4) a nagar constituted under the Gujarat panchayat Act, 1961 (Gujarat VI of 1962), along with a peripheral area of three kilometers, or (5) a development area or an urban development area declared under section 3 or Section 22 of the Gujarat Town Planning and Urban Development Act, 1976 (presidents Act No. 27 of 1976)]. (23) "year" means the year commencing on the 1st day of April and ending on the 31st day of March. 1. Inserted by Gujarat 13 of 1973. 2. Substituted by Gujarat 1 of 1973. CHAPTER 2 Establishment of the Board 3. Incorporation :- (1)With effect from such date as the State Government may by notification in the Official Gazette, appoint in this behalf there shall be established for the purposes of this Act a Board by the name of the Gujarat 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 movable and immovable and to contract and do all things necessary for the purposes of this Act. (3) For the purposes of this Act and the section 5 1 [x x x) land acquisition law the Board shall be deemed to be a local authority. Explanation.-The purposes of this Act referred to in sub-section (3) 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. 1. Deleted by Gujarat 1 of 1973. 4. Non-applicability of relevant Rent Act :- The [x x x) Rent Act,- (a) notwithstanding anything contained therein shall not apply- (i) to any land or building belonging to or vesting in the Board under or for the purposes of this Act: (ii) as against the Board to any tenancies or other like relationship created by the Board in respect of such land or buildings: (b) shall apply to any land or building let to the Board. 5. Constitution of the Board :- (1) The Board shall consist of the Chairman and [ten] other members appointed by the State Government: 1 Provided that out of such ten other members two members shall be persons who possess technical knowledge and experience in the matter of construction of buildings.] (2) Any member of the Board may at any time resign his office by submitting his resignation to the State Government: Provided that the resignation shall not take effect until it is accepted. 1. Inserted by Gujarat 1 of 1973. 6. Grant of leave of absence to Chairman :- The State Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the State 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. 7. Disqualification for appointment on Board :- (1) A person shall be disqualified for being appointed or continuing 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, (c) is an un-certificated bankrupt or an un-discharged insolvent. (d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of the Board, or (e) is a director, secretary, manager or other salaried officer of any incorporated company which has any share or interested in any contract or employment with, by or on behalf of the Board. [(1-A) For the purpose of clause (a) of sub-section (1), a person shall not be deemed to hold office or place of profit under the Board by reason only that he is a Housing Commissioner.] (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 or employment within the meaning of these clauses, by reason only of his or the incorporated company of which he is a director, secretary, manager or other salaried officer having a share or interest in any newspaper in which any advertisement relating to the affairs Of the Board is inserted. (3) A person shall not also be qualified 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 employment with, by or on behalf of the Board, by reason only of his being a share holder of such company: Provided that such persons discloses to the State Government the nature and extent of the shares held by him. 8. Term of office and conditions of service of members :- section 10 1 [ (1) Every members shall hold office for such period not exceeding three years from the date of his appointment as the State Government may fix: Provided that after the expiry of the period of his appointment a person shall be eligible for re-appointment as a member. (2) Every member shall receive such allowances as may be prescribed. (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. (4) The allowances to the members and the remuneration if any, to the Chairman shall be paid from the fund of the Board. 1. Substituted by Gujarat 1 of 1973. 8A. Removal of member from office :- If a member has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his position or makes persistent default in the performance of his duties and functions under t his Act or has become incapable of performing his duties under this Act, the State Government may remove him from office after giving him an opportunity of being heard. 9. Cessation of membership :- [(1)] If a member,- (a) becomes subject to any of the disqualifications mentioned in section 7 ; [(b) tenders his resignation in writing to the State Government and such resignation is accepted by the State Government, or] (c) is absent without the permission of the Board from all the meetings of the Board for a period of two successive months, he shall cease to be a member. [(2) In every case where a dispute arises as to whether a member has ceased to be a member or not, it shall be decided by the State Government, after giving an opportunity of being heard to the member concerned.] 10. Vacancies :- Any vacancy of a member, due to death, resignation. removal, disability or disqualification or any other reason shall be filled in as early as possible: Provided that during any such vacancy the continuing member may act as if no vacancy had occurred). 11. Proceedings presumed to be good and valid :- No disqualification of or defect in the appointment of any person acting as a Chairman or a member of the Board shall be deemed to vitiate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act. 12. Temporary absence of members :- If any member of the Board other than the Chairman is by infirmity o r otherwise rendered temporarily incapable of carrying out his duties or is absent on resulting in the cessation of his membership, 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 thereunder. 13. Appointment of officers and servants :- The Board may appoint a Secretary, one or more Assistant Housing Commissioner and a Housing Commissioner and such other officers and servants as it considers necessary for the efficient performance of its functions; 1 [Provided that the appointment of a Housing Commissioner and of any other officer whose salary exceeds rupees one thousand four hundred per mensem shall be subject to the previous approval of the State Government]. 1. Substituted by Gujarat 1 of 1973. 14. Conditions of service of officers and servants :- The remuneration and other conditions of service of the Secretary, Housing Commissioner and other officers and servants of the Board shall be such as may be determined by regulations. 15. Provident Fund :- (1) The State Government shall, establish a provident fund for the Secretary, Housing Commissioner and other officers and servants of the Board and such provident fund (hereinafter called the said fund) shall, notwithstanding anything contained in S.8 of the Provident Funds Act, 1925 (XIX of 1925), be deemed to be a Government Provident Fund for the purposes of the said Act. (2) The Board shall in respect of each of its employees who is a subscriber to the said fund, pay into the said fund such portion of the contribution in such manner as the State government may, from time to time, determine. [ (3) it shall be lawful for the Board to utilise the moneys in the said fund to defray the cost of executing any housing scheme, subject to such restriction as to the amount to be so utilised as the State Government may, from time to time, by order, specify, having regard to the probable requirements, within reasonable proximity of time, of the Board for paying the amount from the said fund to the depositors.] 16. 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, 1 [by or on behalf of the Board or the Gujarat Rural Housing Board constituted under Section 3 of the Gujarat Rural Housing Board Act, 1972 (Gujarat 22 of 1972), or in any employment under, section 18 [by or on behalf of any of the said two Boards] otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board. 1. Substituted by Gujarat 1 of 1973. 17. Appointment of committees :- (1) The State Government may appoint a Housing Advisory Committee. The functions of the Housing Advisory Committee shall be advisory and such as may be determined by the State Government. (2) Subject to any rules made under section 73, the Board may from time to time appoint one or more other Committees for the purpose of securing the efficient discharge of Its functions and in particular for the purpose of securing that the said functions are exercised with due regard to the circumstances and requirements of particular local areas. [ (3) the members of a Committee appointed under this section shall receive such allowances may be prescribed. ] 18. Meetings of Board :- The Board shall meet and shall form time to time make such arrangement with respect to the day, time, notice. management and adjournment of its meeting as it thinks fit, subject to the following provisions, namely :- [(aa) the first meeting of the Board shall be called by the Chairman as soon as possible after its constitution under section 5 ;] (a) an ordinary meeting shall be held [once at least every month:] (b) the Chairman may, whenever, he thinks fit. call special meetings: (c) every meeting shall be presided over by the Chairman and In his absence, by any member chosen by the meeting to preside for the occasion: (d) all questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote: and (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose. 19. Procedure of Committees :- (1) The Housing Advisory Committee shall meet to discharge the functions assigned to is in such manner as may be directed by the State Government. (2) Any other Committee appointed under sub-section (2) Of section 17 shall meet to discharge the functions assigned to it in such manner as may be directed by the Board. 20. Power to make contracts :- The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act. 21. Execution of contracts :- (1) Every contract shall be made on behalf of the Board by the Chairman: 1 [Provided that no contract involving an expenditure of rupees twenty five thousand or more shall be made 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. 1. Substituted by Gujarat 1 of 1973. 22. Delegation of Boards power to sanction contracts :- Subject to any rules which the State Government may make in this behalf, the Board may by order direct that the power conferred on it under section 21 to sanction a contract shall be exercised by the Housing Commissioner or any other officer specified by it in the order. 23. Further provisions as to execution of contracts :- (1) Every contract by the Chairman on behalf of the Board shall, subject to the provisions of this section, be entered into 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. CHAPTER 3 Housing Schemes 24. Duty of Board to undertake housing schemes :- Subject to the provisions of this Act and subject to the control of the State Government, the Board may incur expenditure and undertake works [in such urban area] as the State Government may by notification in the Official Gazette specify for the farming and execution of such housing schemes as it may consider necessary from time to time or as may be entrusted to it by the State Government. 24A. Inclusion of area other than Urban area In scheme :- If the Board while framing a housing scheme in respect of an urban area considers it necessary or the purpose of construction of houses under the scheme to include in the scheme a part of an area which is contiguous to such urban area but which is not an urban area, than, notwithstanding anything contained in section 24 or any other law for the time being in force. It shall be lawful for the Board with the previous approval of the State Government to include in the scheme such part and thereupon the part shall be deemed to be an urban area for the purposes of the scheme. 25. Matters to be provided for by housing schemes :- (1) 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 affected by the execution of the scheme: (b) the laying out or relaying out of any land comprised in the scheme: (c) the distribution or re-distribution of sites belonging to owners of property comprised in the scheme: (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation: (e) the demolition of obstruct buildings or portions of buildings that are an obstruction: (f) the construction and re-construction of buildings: (g) the sale, letting or exchange of any property comprised in the scheme: 1 [(gg) the sale of apartment in any building or buildings constructed by the Board on such terms and conditions as the Board may determine:] (h) the construction and alteration [of roads, streets, back- lanes, bridges, culverts and causeways]. (i) drainage, water supply and lighting of the area included in the scheme; (j) [shops, schools, parks, playing fields] and open spaces for the benefit of any area comprised in the scheme or any adjoining area, and the enlargement of existing parks, play- ing fields, open spaces and approaches: (k) 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) accommodation for any class of inhabitants: (m) the advance of money for the purposes of the scheme: (n) 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 State Government it is expedient to make provision with a view 2 [to provide housing accommodation in any urban area] and to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. (2) For the purposes of this section, the State Government may, on the recommendation of the Board, by notification in the Official Gazette, specify- area surrounding or adjoining the area included in a housing scheme to be the adjoining area. [(3) The Board may execute any of the matters provided in a housing scheme through any independent agency.] 1. Inserted by Gujarat 13 of 1973. 2. Substituted by Gujarat 1 of 1973. 26. No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme :- (1) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the State Government under any enactment for the time being in force for the constitution of a municipal corporation for any area in the State Gujarat, nor shall any housing scheme made under this Act contain anything which is inconsistent with any of the matters included in a town planning scheme sanctioned by the State Government under the Bombay Town Planning Act, 1954 (Bom. XXVII of 1955) or any corresponding law in force in any part of the State, the decision of the State Government shall be final. If any dispute arises whether a housing scheme made under t his Act includes any area included in an improvement scheme sanctioned under any such enactment as aforesaid or contains anything inconsistent with any matter included In a town planning scheme sanctioned under the Bombay Town Planning Act, 1954 (Bom XXVII of 1955) or any corresponding law in force in any part of the State the decision of the State Government shall be final [Such decision shall be taken within a period of three months.] 27. 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 to the (i) a programme, (ii) a budget for the next year, 1 [ (iii) x x x (2) The programme shall contain,- (a) such particulars of housing schemes which the Board proposes to execute whether in part of whole during the next year as may be prescribed. (b) the particulars of any undertaking which the Board proposes to organise 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 accounts for the next year. 1. Deleted by Gujarat 1 of 1973. 28. . :- x x x] 29. sanction to programme and budget :- T h e State Government may sanction the programme and the budget forwarded to it with such modifications as it deems fit. The programme and the budget so sanctioned shall be laid before the State Legislature as soon as may be after they are sanctioned). 30. . :- x x x] 31. Supplementary programme and budget :- The Board may, at any time, during the year, in respect of which programme has been sanctioned under section 29, submit a supplementary programme and budget to the State Government and the provisions of [ Section 29 ] shall apply to such supplementary programme. 32. Variation of programme by Board after it is sanctioned :- The Board may at any time vary any programme or any part thereof included in the programme sanctioned by the State Government: [Provided that no such variation as affects the scope or purpose of any housing scheme included in such programme shall be made without the previous sanction of the State Government. 33. Sanctioned housing schemes to be executed :- After the programme has been sanctioned 1 [x x x] by the State Government [under Section 29 ] the Board shall, subject to the provisions of section 32 , proceed to execute the housing scheme included in the programme. 1. Deleted by Gujarat 1 of 1973. 34. . :- x x x] 35. Transfer to, for purposes of housing scheme of land vested In municipal body or local board :- (1) Whenever any street, square or other land, or part thereof which situated in any area within the jurisdiction of a municipal body [x x x] and is vested in that municipal body [x x x)is within the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme, the Board shall give notice accordingly to the municipal body [x x x]. (2) Where the municipal body [x x x]concurs. such street, acquire or other land or part thereof shall vest in the Board. (3) Where there is any dispute the matter shall be referred to the State Government. The State Government shall, after hearing the the municipal body [x x x ] concerned . decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the rights or powers of the municipal body [x x x] in or over any drain or water-works in such street, square or land. 36. Compensation in respect of land vested in the Board :- (1) Where any land vests in the Board under the provisions of section 35 and the Board makes a declaration that such land shall be retained by the Board only until it reverts in the municipal body [x x x] as part of a street or an open space under section 39 , no compensation shall be payable by the Board to the municipal body [x x x ] in respect of the land. (2) where any land vests in the Board under section 35 and no declaration is made under sub-section (1) in respect of the land the Board shall pay to the municipal body S. 39 1 [x x x] 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 rivets in the Municipal body [x x x ] the Board shall pay to the municipal body [x x x] compensation in respect of such land in accordance with the provisions of sub- section (2). 1. Deleted by Gujarat 1 of 1973. 37. 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, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable provided 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 to every person who is entitled otherwise than as a mere member of the public, to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) In determining 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 public street at or about the same time the public street or part thereof, on account of 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 by it. 38. Reference to Tribunal in case of dispute under section 36 or 37 :- If there is any dispute as to whether any compensation is payable under section 36 or as to the amount of compensation payable under section 36 or Section 36 as the case may be, the matter shall be referred to the Tribunal. 39. Vesting in municipal body [x x x ] or local board or streets laid out or altered and open space provided by the Board under housing scheme :- (1)Whenever the State Government is satisfied- (a) that any street laid out or altered by the Board has been duly leveled, paved, metalled, flagged, channeled, severed and drained in the manner provided in the programme sanctioned by the State Government under Section 29 , and (b) that such lamps, lamp-posts and other apparatus as the municipal body. 1 [x x x ] consider necessary for the lighting of such street and as ought to be provided by the Board has been so provided, and (c) that water and other sanitary conveniences have been duly provided in such street, [x x x ] and shall thenceforth be maintained, kept in repair, lighted and cleaned by the municipal body [x x x]. (2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing schemes, 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, true, drain and lay out such space and provided footpaths therein, and if necessary, to provided lamps and other apparatus for lighting it. (3) If any differences of opinion arises between the Board and the Municipal body, [x x x] in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final. 1. Deleted by Gujarat 1 of 1973. 40. Other duties of the Board :- It shall be the duty of the Board to take measures with a view to expending and cheapening construction of building and the Board may for that purpose of all things for- (a) unification, simplification and standardization of building materials: (b) encouraging pre-fabrication and mass production of house components: (c) organising of 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. 41. . :- 1 [x x x] 1. Deleted by Gujarat 1 of 1973. 42. Reconstitution of plots :- A housing scheme may provided- (a) for the formation of a reconstituted plot by the alterations 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 severally or in joint ownership shall, with or without alteration of boundaries be held in common as a reconstituted plot, (c) for the allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme, and (d) for the transfer of ownership of a plot from one person to another. 43. Power to exempt schemes from provisions of sections 27 to 31 :- The State Government may, by general or special order published in the Official Gazette, exempt any housing scheme [x x x] from all or any of the provisions of Section 27 to Section 34 (both inclusive subject to such conditions, if any, as it may impose or may direct that any such provisions shall apply to such scheme with such modification as may be specified in the order. CHAPTER 4 Acquisition and Disposal of Land 44. 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) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the .[x x x] land acquisition law and the acquisition of any land or any interest thereto for the purpose of this Act shall be deemed to be acquisition for a public purpose within the meaning of the said law. 45-48. . :- x x x] 49. Power to dispose of land :- The Board] may retain, lease, sell, exchange or otherwise dispose of, any land, building [or any apartment therein] or other property vesting in it and situate in the area comprised in any housing scheme sanctioned under this Act. 50. Disputes regarding reconstitution of plots :- (1) Where by the making of a housing scheme, any plots comprised in the area included in the scheme are reconstitution 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 decided 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 5 Tribunal 51. District Judge to be the Tribunal :- 1 .-The District Judge for each district shall constitute the Tribunal for the purpose of exercising the powers and discharging the duties of the Tribunal under this Act. 1. Substituted by Gujarat 1 of 1973. 52. Duties of the Tribunal :- The Tribunal shall- (a) decide whether any compensation is payable under section 36 ; (b) decide the amount of compensation in matters referred to it under section 38 : (c) [x x x] (d) decide disputes relating to the reconstitution of plots referred to it under section 50 and the amount of compensation to be awarded in consequence thereof: (e) decide such other matters as may be prescribed by rules made in this behalf. 53. . :- x x x] 54. Powers of and procedure before Tribunal :- (1)In making inquiries under section 36 , Section 38 , Section 46 and Section 50 the Tribunal shall have and exercise the same powers as are vested in a Civil Court in respect of- (a) 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, 1 [x x x] and for the delivery of the possession or removal of any structure shall be enforced 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 Section 228 of the Indian Penal Code, 1860 (XLV of 1860). 1. Deleted by Gujarat 1 of 1973. 55. Decision of Tribunal to be final :- (1)] 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. [ (2) The Tribunal shall endeavour to give its decision within six months from the date of the reference made to it. ] CHAPTER 6 Powers to evict persons from Board premises 56. Power to evict certain from Board premises :- (1) If the competent authority is satisfied- (a) that the person authorised to occupy any Board premises has- (i) not paid rent lawfully due from him in respect of such premises for a period of more than [six months], or (ii) sub-let, without the permission of the Board, the whole or any part of such premises, or [(ii-a) committed any act contrary to the provisions of the Gujarat Ownership Flats Act, 1973, (Guj 13 of 1973) or of any Declaration. Deed of Apartment or of the bye-laws made under that Act or of any rules or regulations made under such bye-laws 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 (2) Before an order under sub-section (1) is made against any person the competent authority shall inform the person by notice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation 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 payment and recovery of the amount claimed in the notice as it 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 authority proceeding in this connection by advocate, attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub- section (1). (3) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of the premises and may for that purpose use such force as may be necessary. (4) If a person, who has been ordered to vacate any premises on the grounds mentioned in sub-clause (i) or (iii) of clause (a) of sub- section (1) within one month of the date of the 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 (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 immediately before such notice was served on him. Explanation.-For the purposes of this section and section 57 , the expression "unauthorised occupation", in relation to any person authorised to occupy any Board premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined. 57. Power to recover rent or damages as arrears of land revenue :- (1) Subject to any rules made by the State Government in this behalf without prejudice to the provisions of section 56 where any person is in arrears of rent payable In respect of any Board premises, the competent authority may, by notice served, (1) 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 such person to pay the same within such time not being less than ten days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue. (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 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. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue. (3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person 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 have been considered by the competent authority. 58. Rent to be recovered from deductions from salary or wages In certain cases :- (1) Without prejudice to the provisions of section 56 , any person who is an employee of the State Government or a local authority and who has been allotted any Board premises, may execute an agreement in favour of the Government providing that the State Government or the local authority, 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 State Government or a local authority, 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 employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board. 59. Appeal :- (1) Any person aggrieved by an order of the competent authority under section 56 or section 57 may. within one month of the date of the service of the notice under sub- section (1) of section 56 or sub-section (1) or (2) of section 57 , as the case may be, prefer on 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 prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the State Govern- ment may, after calling for a report from the competent authority, and after making such further inquiry, if any. as may be necessary, pass such orders as it thinks fit and the order of the State Government shall be final. (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. 60. Bar of jurisdiction of Civil Courts :- 1 [ (1)No order made by the State Government or the competent authority in the 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 of other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter. (2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person who is in unauthorised occupation of any Board premises or the recovery of the arrears of rent payable under sub-section (1) of section 57 or the damages payable under sub-section (2) of that section or any portion of such rent or damages. ] 1. Re-numbered by Gujarat 1 of 1973. CHAPTER 7 Finance, Accounts and Audit 61. Boards Fund :- (1) The Board shall have its own fund. (2) The Board may accept grants, subventions donations and gifts from the Central or State Government or a local authority or any individual or body, whether incorporated or not. for all or any of the purposed of this Act. (3) 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 Board shall constitute the fund of the Board. (4) Except as otherwise directed by the State Government, all moneys and receipt specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Reserve Bank of India or in any scheduled bank or invested in such securities as may be approved by the State Government. (5) Such account shall be operated upon by such officers as may be authorised by the Board. Explanation.-For the purposes of this section, the Reserve Bank of India shall mean the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (II of 1934) and a schedule bank shall mean a bank included in the Second Schedule to the said Act. 62. Application of the fund :- All property, fund and all other assets vesting in the Board shall be held and applied by It, subject to the provisions and for the purposes of this Act. 62A. Revolving Fund :- 1 (1) Notwithstanding anything contained in section 61 , the Board may create a fund to be called the Revolving Fund into which shall be credited all proceeds which may be received by or on behalf of the Board in respect of sales on installments basis, of any building or any units therein, constructed or reconstructed by the Board under a housing Scheme. (2) The Revolving Fund shall be held and applied solely for the purpose of construction or reconstruction of buildings under a housing scheme.) 1. Inserted by Gujarat 1 of 1973. 63. 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 in any year,- (a) recurring expenditure not exceeding [fifty thousand rupees]. (b) non-recurring expenditure not exceeding [two lacs of rupees], notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government or the variation of the programme made under section 32 . (2) When 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 State Government. 64. Subventions and loans to the Board :- (1) The State Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine. (2) The State Government may from time to time, advance loans to the Board on such terms and conditions not Inconsistent with the provisions of this Act as the State Government may determine. 65. Power of Board to borrow :- (1) The Board may from time to time with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf borrow any sum required for the purposes of this Act. (2) 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 arrangements 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. (4) Every debenture shall be signed by the Chairman and one other member of the Board. (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the re-payment of principal and the payment of interest at such rate as may be fixed by the State Government. 66. Accounts and audit :- (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with the rules an annual statement of accounts. (2) The Board shall cause its accounts to be audited annually by such person as the State 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 State Government, and shall cause the amounts to be published 1[x x x] and place copies thereof on sale at a reasonable price. (4) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue. 2 [ (5) The annual audited statement of accounts together with Report of the Auditor received by the State Government under sub- section (3) shall be laid before the State Legislature as soon as may be after they are published. ] 1. Deleted by Gujarat 1 of 1973. 2. Added by Gujarat 1 of 1973. 67. Concurrent and special audit ofacconnts :- (1) Notwithstanding anything contained in section 66 , the State Government may order that there shall be a concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class of series of transactions or to a particular period. (2) When an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit. CHAPTER 8 Miscellaneous 68. Reports :- 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 matter as may be prescribed, [x x x]. Every such report shall be laid before the State Legislature as soon as may be [after it is submitted]. 69. Other statements and returns :- T h e Board shall also submit to the State 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 State Government may from time to time direct. 70. Powers of entry :- The Chairman or any person either generally or specially authorised the Chairman in this behalf may, with or without assistants or workmen enter into or upon and 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 out the boundaries and the Intended outlines of work,) (e) to make such levels, boundaries and lines of works and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned thereunder: Provided that- (i) no such entry shall be made between sunset and sunrise: (ii) no dwelling house and no public building which is used as a dwelling place, shall be so entered, 1 [x x xj without giving the said occupier at least twenty-four hour's 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 set apart for females to remove themselves to some part of the premises where their privacy will not be disturbed; (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered. 1. Deleted by Gujarat 1 of 1973. 71. Notice of suit against Board :- N o person shall commence any suit against the Board or against any officer of servant of the Board or any person acting under the orders of the Board, for anything done or purporting to have been done in pursuance of this Act, without giving to the Board, officer or servant or person, as the case may be, two months' previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of. And in the case of any such suit for damages, if tender of sufficient amount shall have been made before the action was brought, the plaintiff shall not recover more than the amounts so tendered and shall pay all costs incurred by the defendant after such tender. 72. Quinquennial valuation of assets and liabilities of the Board :- The Board shall quinquenially have a valuation of its assess and liabilities made by a value appointed with the approval of the State Government: Provided that it shall be open to the State Government to direct valuations to be made at any time it may consider necessary. 72A. Power of Board to construct buildings intended for public purpose on behalf of Government. Local authority or corporation owned or controlled by Government 3[or co- operative society].- :- 1Notwithstanding anything contained in the foregoing provisions of this Act, it shall be lawful for the Board to undertake on behalf of the Government or local authority or a corporation owned or controlled by the Government 2 [or a co-operative society registered or deemed to have been registered under the Gujarat Co-operative Societies Act, 1961] (Guj X of 1962), subject to such terms and conditions including payment of cost as agreed upon in pursuance of a contract or other- wise, the construction of building intended to be used as a hospital, dispensary, school or for any other charitable purpose as may be entrusted to it by the Government or a local authority or such corpora- tion [or such co- operative society!: Provided that no such construction shall be undertaken on behalf of a local authority or any such corporation [or any such co- operative society] except with the previous sanction of the State Government.] 1. Deleted by Gujarat 1 of 1973. 2. Inserted by Gujarat 1 of 1973. 73. Power to make rules :- (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following purposes, namely:- (a) the allowances of members and remuneration and conditions of service of the Chairman under section 8 ; (b) the rates of subscriptions and contributions and other conditions of the provident fund established under section 15 ; (bb) the allowances of members of a committee appointed under section 17 :) (c) the manner and form in which contracts shall be entered into under section 23 ; (d) the form of [annual housing programme and budget] particulars of housing schemes and other particulars to be contained in the programme under Section 27 ; (e)-(g)[x x x] (h) the other matters to be decided by the Tribunal under section 52 ; (i) the procedure to be followed by the Tribunal under section 54 ; (j) the forms of notices under section 56 and Section 57 and any other manner in which they may be served; (k) the procedure to be followed in taking possession of any Board premises under section 56 ; (l) the manner in which damages under section 57 may be assessed: (m) the manner in which appeals may be preferred under section 59 and the procedure to be followed in such appeals: (n) the conditions subject to which the Board may borrow any sum under section 65 ; (o) the manner of preparation, maintenance and publication of accounts under section 66 : section 68 ; (q) the time at which and the form and manner in which statistics, returns, particulars and statements shall be submitted under section 69 ; (r) the manner in which the Board shall be superseded and reconstituted under section 83 ; (s) any other matter 1 [which is to be] or may be prescribed under this Act; (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following. 1. Substituted by Gujarat 1 of 1973. 74. Regulations :- The Board may from time to time, with the previous sanction of the State Government, make regulations consistent with this Act and with any rule made under this Act- (a) for the management and use of building constructed under any housing scheme: (b) the principles to be followed in allotment of tenements and premises: [ (b-1) for the sale, lease, exchange or disposal otherwise of any land. building or any apartment therein or other property belonging to or vesting in the Board, subject to such terms and conditions and to restriction as the Board may from time provide in the regulations: ] (c) the remuneration and conditions of service of the Secretary, Housing Commissioner and other officers and servants of the Board under section 84 : (d) for regulating its procedure and the disposal of its business. 75. 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 State Government with or without modification. (4) All bye-laws made under this section shall be published in the Official Gazette. 76. Penalty for contravention of bye-laws :- Whoever contravenes a bye-law made under section 75 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 77. Penalty for obstruction etc :- If any person-- (a) obstructs, or molests any person with whom the Board has entered a contract in the performance or execution by such person of his duty or anything which he is empowered or required to do under this Act, or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act. He shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 78. Penalty of obstructing exercise of powers under Chapter VI :- Any person who obstructs the lawful exercise of any power conferred or under Chapter VI, shall, on conviction, be punished with fine which may extend to one thousand rupees. 79. Authority for prosecution :- Unless otherwise expressly provided no court shall take cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf. 80. Members, officers and servants of the Board to be public servants :- 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, 1860 (XLV of 1860) 81. Protection of action taken under this Act :- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act. 82. Governments power to give directions to Board :- 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. 83. Default In performance of duty :- (1)If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act: it may fix a period for the performance of that duty. (2) If in the opinion of the State Government the Board fails or neglects to perform such duty within the period so fixed for its performance. It shall be lawful for the State Government, not- withstanding anything contained in section 8 , to supersede and reconstitute the Board in the 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 State Government or by such officer or officers as the State Government may appoint for this purpose. 84. Dissolution of the Board :- (1) The State Government may, by notification in the Official Gazette declare that with effect from such date as may be specified in the notification, the Board shall be dissolved: Provided that no such declaration shall be made by the State Government unless a resolution to that effect has been moved in and passed by the State Legislature. (2) With effect from date specified in the notification under sub- section (1)- (a) all properties, funds and dues which are vested in or realizable by the Board shall vest in and be reasonable by the State Government: (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in all and realised by the State Government. (3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 65 . 85. Amendment of Bombay XXXI of 1984 :- I n the Bombay Building (Control on Erection, Re-erection or (Conversion) Act, 1948 after sec. 14, the following new section shall be inserted, namely:- "11-A. Delegation of Controller's powers to Housing Board constituted under Gujarat Act XXXI of 1948.- Notwithstanding anything contained in this Act, the State Government may direct that the powers conferred and duties imposed upon the Controller under this Act, shall in the area which the Gujarat Housing Board Act, 1961 has come into force, to exercised and performed by the Housing Board constituted under the said Act." 86. Repeal and consequential provisions :- (1)On the date appointed under sub- section 3 of this Act (hereinafter referred to as "the appointed day") the Bombay Housing Board Act, 1948 and the Saurashtra Housing Board Act, 1954 (both referred to in this section as "the repealed Acts") shall stand repealed. (2) On the appointed day the Gujarat Housing Board constituted under the Bombay Housing Board (Dissolution and Reconstitution) Order, 1960 and the Saurashtra Housing Board constituted under the Saurashtra Housing Board Act, 1954) both referred to in this section as "the dissolved Boards)" shall stand dissolved and all the members of the dissolved Boards shall vacate their office and on such dissolution the following consequences shall ensue, that is to say,- (i) all rights of the dissolved Board shall vest in the Board established under section 3 of this Act (hereinafter referred to as "the new Board"): (ii) all property movable or immovable which immediately before appointed day vested in the dissolved Boards shall, subject to the limitations and conditions, if any, attached thereto, vest in the new Board; (iii) all sums to the dissolved Boards on any account shall be sums due to the new Board and shall be realizable by the new Board in accordance with the law for the time being in force: (iv) all debts, liabilities and obligations incurred, including any loans borrowed and debentures issued, by or on behalf of the dissolved Boards and subsisting immediately before the appointed day shall be deemed to have been incurred, borrowed and issued by the new Board in exercise of the powers and functions conferred on it by this Act, and shall be subject to the provisions of this Act and any guarantee for repayment of principal or payment of interest given before the appointed day by the State Government in respect of such loans and debenture shall be deemed to be a guarantee given under the relevant provisions of this Act and shall have effect accordingly; (v) all contracts made and all matters and things undertaken by the dissolved Boards shall be deemed to have been made or undertaken by the new Board under this Act; (vi) all prosecutions instituted by or on behalf of any of the dissolved Boards and all suits and other legal proceedings instituted by or against any such Board and pending immediately before the appointed day shall be continued and disposed of as if they had been instituted by, on behalf of or against the new Board under this Act or any other law for the time being in force: (vii) all proceedings under the repealed Acts pending immediately before the appointed day before an authority or officer appointed under the repealed Acts shall stand transferred to the corresponding authority or officer competent to entertain such proceedings under this Act and shall be disposed of by such authority or officer under this Act: (viii) all proceedings under the relevant land acquisition la pending Immediately before the appointed day for the acquisition of land for the purposes of any of the dissolve Boards shall be deemed to be proceedings for acquisition of such land for the purposes of the new Board and shall be completed accordingly; (ix) all officers and servants in the employ of the dissolved Boards shall stand allotted for service to the new Board a; shall, until provision is otherwise made under the provisions of this Act. be subject to the conditions of service to which they were subject before the appointed day: (3) Anything done or action taken and any right, liability or obliga- tion acquired accrued or incurred under the repealed Acts and not covered by sub-section (2) shall respectively be deemed to have been done, taken, acquired, accrued or incurred under the corresponding provisions of this Act and the provisions of this Act shall apply thereto accordingly. (4) The rules, regulations and bye-laws made under the Bombay Housing Board Act, 1948 and in force immediately before the appointed day shall in so far as they are not inconsistent with the provisions of this Act, be deemed to be made under this Act in relation to the whole of the State and shall continue in force accordingly until they are superseded by anything done or action taken under this Act. 87. Savings :- 1 (1) Nothing in this Act shall affect the powers of the Board to complete, after the Commencement of the Gujarat Rural Housing Board Act, 1972, (Guj 22 of 1972) the execution of any housing scheme or part thereof in any area outside the urban area, which may have been partly executed by it before such commencement in such area. (2) Notwithstanding anything contained in sub-section (1) of section 8 but subject to other provisions of this Act a member holding office immediately before the commencement of the Gujarat Housing Board (Amendment) Act, 1972, (Guj 1 of 1973) shall continue to hold office for a period of three years from the date of his appointment.] 1. Added by Gujarat 1 of 1973.