Haryana Housing Board Act, 1971
1The Haryana Housing Board Act, 1971
[Act No. 20 of 1971]
An Act to provide for measures to be taken to deal with and satisfy the need of housing accommodation.
Be it enacted by the Legislature of the State of Haryana in the Twenty-second Year of the Republic of India as follows:-
Footnote:
-
Received the assent of the President of India on the 14th May, 1971, and was published in the Haryana Gazette, (Extra.), Legislative Supplement, Part I, dated May 18, 1971/vaisakha 28, 1893.
Chapter: I - PRELIMINARY
Section 1 - Short title, extent and commencement
(1) This Act may be called the Haryana Housing Board Act, 1971.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may by notification appoint in this behalf.
Section 2 - Definitions
In this Act, unless the context otherwise requires,-
(a) "adjoining area" means such area as may be specified to be an adjoining area under section 21;
(b) "Board" means the Housing Board, Haryana established and constituted under section 3;
(c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act;
(d) "building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes of this Act;
(e) "bye-laws" means bye-laws made under section 75;
(f) "Chairman" means the Chairman of the Board;
1[(ff) "Chief Administrator" means the Chief Administrator of the Board];
(g) "competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter VI for such area as may be specified in the notification;
(h) "Housing Scheme" means a housing scheme made under this Act;
(i) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(j) "Local authority" means a municipality constituted under the Punjab Municipal Act, 1911, (Punjab Act 3 of 1911), or a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952 (Punjab Act 4 of 1953), or a Panchayat Samiti or a Zila Parishad constituted under the Punjab Panchayat Samities and Zila Parishads Act, 1961 (Punjab Act 3 of 1961), or an Improvement Trust constituted under the Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922);
(k) "member" means a member of the Board and includes the 2[Chairman and the Chief Administrator];
(l) "premises" means 3["land,"] any building or part of a building and includes,-
(i) gardens, grounds and out-houses, if any, appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(m) "prescribed" means prescribed by rules;
(n) "programme" means the annual housing programme prepared by the Board under section 23;
(o) "regulations" means regulations made under section 74;
(p) "rent" means the amount payable to the Board in respect of the occupation of the Board's premises and includes the charges for water and electricity payable in respect of water and electricity used or consumed in the premises;
(q) "Secretary" means the Secretary of the Board; (r) "Tribunal" means the Tribunal specified under section 46; and
(s) "year" means the year commencing on the 1st day of April and ending on the 31st day of March.
Footnotes:
-
Inserted by Haryana Act No. 27 of 1980.
-
Substituted by Haryana Act No. 27 of 1980.
-
Inserted by Haryana Act No. 8 of 1973.
Chapter: II - ESTABLISHMENT OF THE BAORD
Section 3 - Establishment and constitution of Board
(1) With effect from such date as the State Government may, by notification appoint in this behalf, there shall be establishment for carrying out the purposes of this Act a Board to be known as "the Housing Board, Haryana", with headquarters at such place as the State may specify.
(2) The Board shall, by the name aforesaid, be a body corporate having perpetual succession and a common seal, and, subject to any restriction by or under this Act or the rules made thereunder, shall have the power to acquire, hold, administer and transfer property, movable or immovable, and to enter into contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted.
(3) For the purposes of this Act and the Land Acquisition Act, 1894, 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 to such lands and buildings for the purposes of this Act.
1[(4) The Board shall consist of a Chairman, a Chief Administrator and such other members not more than twelve and not less than six, as the State Government may, from time to time, by notification, appoint:
Provided that the Chief Administrator shall be appointed from amongst officers of the rank of Head of Department or Joint Secretary of the State Government.]
(5) The 1[Chairman, the Chief Administrator] or a member 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.
(6) Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, the State Government may constitute a Board consisting of one person, who shall be an officer of the State Government, to be appointed by the State Government, and a Board so constituted shall, as from the commencement of this Act and for a period not exceeding one year from such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act.
Footnote:
-
Substituted by Haryana Act No. 27 of 1980.
Section 4 - Non-applicability of East Punjab Act 3 of 1949
The East Punjab Urban Rent Restriction Act, 1949, shall not apply nor shall be deemed to have ever applied, to any land or building belonging to or vesting in the Board under or for the purposes of this Act, and as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building but shall apply to any land or building let to the Board.
Section 5 - Leave of absence of Chairman and Chief Administrator
1[The State Government may, from time to time, grant to the Chairman and the Chief Administrator such leave as may be admissible under the rules made under this Act and any person whom the State Government appoints to act for the Chairman or the Chief Administrator during such absence on leave shall, while so acting, be deemed, for all purposes of this Act, to be the Chairman or the Chief Administrator or as the case may be.]
Footnote:
-
Substituted by Haryana Act No. 27 of 1980.
Section 6 - Disqualifications
(1) A person shall be disqualified for being appointed or for 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 undischarged 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;
(e) is a Director or a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board; or
(f) has been convicted of any offence involving moral turpitude.
1[(g) in the opinion of the State Government -
(i) has become incapable of acting; or
(ii) is otherwise unfit to continue as a member.]
(2) A person shall not be disqualified under clause (d) or clause (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause, 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 disqualified under clause (d) or clause (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 shareholder of such company:
Provided that such person discloses to the State Government the nature and extent of the shares held by him.
Footnote:
-
Inserted by Haryana Act No. 8 of 1973.
Section 7 - Terms of office and conditions of service
(1) Every member shall hold office for a period of three years from the date of his appointment:
Provided that after the expiry of the period of his appointment, a person shall be eligible for reappointment as a member.
(2) Every member shall receive such salary and allowances as may be prescribed.
(3) The salary and allowances to the members shall be paid from the fund of the Board and such salaries and allowances and other conditions of service shall be such as may be prescribed.
Section 7A - Chairman, Chief Administrator and other members to hold office during pleasure of State Government
1[Notwithstanding anything contained in section 3 or section 7 or any other provision of this Act, 2{the Chairman, Chief Administrator and other members} of the Board shall hold office during the pleasure of the State Government.]
Footnotes:
-
Inserted by Haryana Act No. 20 of 1979.
-
Substituted by Haryana Act No. 27 of 1980.
Section 8 - Filling of vacancies
(1) If a vacancy occurs in the office of 1[Chairman, Chief Administrator or other member] by death...
To continue reading
Request your trial