Short title and commencement:-
1. (1) This act may be called the Gujarat Housing Board (Amendment) Act, 1972.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 2 of Gujarat XXVIII of 1961:-
2. In section 2 of the Gujarat Housing Board Act, 1961 (hereinafter referred and as “the principal Act”)-
(1) after clause (10) the following clause shall be inserted, namely:-
“(10-A) “land acquisition law” means the Land Acquisition Act, 1894 as in force in the State of Gujarat;”
(2) in clause (13), for sub-clause (2), the following sub-clause shall be substituted, namely:-
“(2) a municipality or a notified area committee constituted under the Gujarat Municipalities Act, 1963;”
(3) clause (17) shall be deleted;
(4) for clauses (18) and (19), the following clauses shall be substituted, namely:-
“(18) “regulations” means regulations made under section 74;
(19) “Rent Act” means the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as in force in the State of Gujarat;”
(5) after clause (22), the following clause shall be inserted, namely:-
“(22A) “urban area” means an area which for the time being is within the limits of a City, municipal borough or notified area constituted under any law for the time being in force;”.
Amendment of section 3 of Gujarat XXVIII of 1961:-
3. In section 3 of the principal Act, in sub-section (3), the word “relevant” shall be deleted.
Amendment of section 4 of Gujarat XXVIII of 1961:-
4. In section 4 of the principal Act, the word “relevant” shall be deleted.
Amendment of section 5 of Gujarat XXVIII of 1961:-
5. In section 5 of the principal Act, in sub-section (1),-
(1) for the word “six” the word “ten” shall be substituted;
(2) the following proviso shall be inserted, namely:-
“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.”
Amendment of section 8 of Gujarat XXVIII of 1961:-
6. In section 8 of the principal Act, for sub-section (1), the following shall be substituted, namely:-
“(1) Every member shall hold office for such period not exceeding three years from the date of his appointments 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.”
Insertion of new section 8A in Gujarat XXVIII of 1961:-
7. After section 8 of the principal Act, the following new section shall be inserted, namely:-
Removal of member from office:-
“8A. 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 this 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.”
Amendment of section 9 of Gujarat XXVIII of 1961:-
8. Section 9 of the principal Act shall be renumbered, as sub-section (1) thereof and-
(1) in sub-section (1) as so renumbered, for clause (b) the following clause shall be substituted, namely:-
“(b) tenders his resignation in writing to the State Government and such resignation is accepted by the State Government, or”;
(2) after sub-section (1) as so renumbered the following sub-section shall be added, namely:-
“(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.”
Substitution of section 10 of Gujarat XXVIII of 1961:-
9. In the principal Act, for section 10 the following section shall be substituted, namely:-
Vacancies:-
“10. 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 members may act as if no o vacancy had occurred.”
Amendment of section 13 of Gujarat XXVIII of 1961:-
10. In section 13 of the principal Act, for the proviso the following proviso shall be substituted, namely:-
“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.”
Amendment of section 15 of Gujarat XXVIII of 1961:-
11. In section 15 of the principal Act, after sub-section (2) the following sub-section shall be added, namely:-
“(3) It shall be lawful for the Board to utilize 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 utilized 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.”
Amendment of section 16 of Gujarat XXVIII of 1961:-
12. In section 16 of the principal Act,
(i) for the words “by or on behalf o the Board” where they occur for the first time the words and figures “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,” shall be substituted;
(ii) for the words “by or on behalf of the Board” where they occur for the second time, the words “by or on behalf of any of the said two Boards” shall be substituted.
Amendment of section 17 of Gujarat XXVIII of 1961:-
13. In section 17 of the principal Act, after sub-section (2) the following sub-section shall be added, namely :
“(3) The members of a Committee appointed under this section shall receive such allowances as may be prescribed.”
Amendment of section 18 of Gujarat XXVIII of 1961:-
14. In section 18 of the principal Act,
(1) before clause (a) the following clause shall be inserted, namely:-
“(aa) the first meeting of the Board shall be called by the Chairman as soon as possible after its constitution under section 5;”
(2) in clause (a) for the words “once at least every fortnight” the words “once at least every month” shall be substituted.
Amendment of section 21 of Gujarat XXVIII of 1961:-
15. In section 21 of the principal Act, for the proviso to sub-section (1), the following proviso shall be substituted, namely:
“Provided that no contract involving an expenditure of rupees twenty five thousand or more shall be made without the previous sanction of the Board.”
Amendment of section 24 of Gujarat XXVIII of 1961:-
16. In section 24 of the principal Act, for the words “in such local area” the words “in such urban area” shall be substituted.
Insertion of new section 24A in Gujarat XXVIII of 1961:-
17. After section 24 of the principal Act, the following new sections hall be inserted, namely:
Inclusion of area other than urban area in Scheme:-
“24A. If the Board while framing a housing scheme in respect of an urban area considers it necessary for 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, then, not withstanding 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.”
Amendment of section 25 of Gujarat XXVIII 1961:-
18. In section 25 of the principal Act,-
(1) in sub-section (1),-
(a) in clause (h) for the words “of streets and back lanes” the words “of roads, streets, backlanes, bridges, culverts and causeways” shall be substituted;
(b) in clause (j) for the words “parks, playing fields” the words “shops, schools, parks, playing fields” shall be substituted;
(c) in clause (p) for the words “to provide housing accommodation” the words “to provide housing accommodation in any urban area” shall be substituted;
(2) the following sub-section shall be added at the end, namely:-
“(3) The Board may execute any of the matters provided in a housing scheme through any independent agency.”
Amendment of section 26 of Gujarat XXVIII of 1961:-
19. In section 26 of the principal Act, in sub-section (2) the following shall be added at the end, namely:-
“Such decision shall be taken within a period of three months.”
Amendment of section 27 of Gujarat XXVIII of 1961:-
20. In section 27 of the principal Act, in sub-section (1), clause (iii) shall be deleted.
Deletion of section 28 of Gujarat XXVIII of 1961:-
21. Section 28 of the principal Act shall be deleted.
Substitution of section 29 of Gujarat XXVIII of 1961:-
22. For section 29 of the principal Act, the following section shall be substituted, namely:-
Sanction to programme and budget:-
“29. The State Government may sanction the programme and the budget forwarded to it with such modification 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.”
Deletion of section 30 of Gujarat XXVIII of 1961:-
23. Section 30 of the principal Act shall be deleted.
Amendment of section 31 of Gujarat XXVIII of 1961:-
24. In section 31 of the principal Act, for the words and figures “sections 28, 29 and 30” the word and figures “section 29” shall be substituted.
Amendment of section 32 of Gujarat XXVIII of 1961:-
25. In section 32 of the principal Act, for the proviso, the following proviso shall be substituted, namely:-
“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.”
Amendment of section 33 of Gujarat XXVIII of 1961:-
26. In section 33 of the principal Act,-
(1) the words “and published” shall be deleted;
(2) for the words and figures “under sections 29 and 30” the words and figures “under section 29” shall be substituted.
Deletion of section 34 of Gujarat XXVIII of 1961:-
27. Section 34 of the principal Act shall be deleted.
Amendment of section 35 of Gujarat XXVIII of 1961:-
28. In section 35 of the principal Act,-
(1) in sub-section (1)-
(a) the words “or a local board” occurring at two places shall be deleted;
(b) the words “or the local board” shall be deleted;
(2) in sub-sections (2), (3) and (4) and in the marginal note the words “or local board” shall be deleted.
Amendment of section 36 of Gujarat XXVIII of 1961:-
29. In section 36 of the principal Act,-
(1) the words “or the local board” and
(2) the words “or the local board, as the case may be”
Wherever they occur shall be deleted.
Amendment of section 39 of Gujarat XXVIII of 1961:-
30. In section 39 of the principal Act,-
(1) the words “or the local board, as the case may be,”
(2) the words “or local board, as the case may be” and
(3) the words “or local board”,
Wherever they occur shall be deleted.
Deletion of section 41 of Gujarat XXVIII of 1961:-
31. Section 41 of the principal Act shall be deleted.
Amendment of section 43 of Gujarat XXVIII of 1961:-
32. In section 43 of the principal Act, the words “entrusted by it to the Board” shall be deleted.
Amendment of section 44 of Gujarat XXVIII of 1961:-
33. In section 44 of the principal Act, in sub-section (2), the word “relevant” shall be deleted.
Deletion of section 45 of 48 of Gujarat XXVIII of 1961:-
34. Sections 45, 46, 47 and 48 of the principal Act shall be deleted.
Substitution of section 51 of Gujarat XXVIII of 1961:-
35. For section 51 of the principal Act, the following section shall be substituted, namely:-
District Judge to be the Tribunal:-
“51. The District Judge for each district shall constitute the Tribunal for the purpose of exercising the powers and discharging the duties the Tribunal under this Act.”
Amendment of section 52 of Gujarat XXVIII of 1961:-
36. In section 52 of the principal Act, clause (c) shall be deleted.
Deletion of section 53 of Gujarat XXVIII of 1961:-
37. Section 53 of the principal Act shall be deleted.
Amendment of section 54 of Gujarat XXVIII of 1961:-
38. In section 54 of the principal Act, in sub-section (3) the words and figures “not being money for the recovery of which provision has been made in section 48” shall be deleted.
Amendment of section 55 of Gujarat XXVIII of 1961:-
39. Section 55 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered the following sub-section shall be added, namely:-
“(2) The Tribunal shall Endeavour to give its decision within six months from the date of the reference made to it.”
Amendment of section 56 of Gujarat XXVIII of 1961:-
40. In section 56 of the principal Act, in sub-section (1), in sub-clause (i) of clause (a), for the words “two months” the words “six months” shall be substituted.
Amendment of section 60 of Gujarat XXVIII of 1961:-
41. Section 60 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:-
“(2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person who is in unauthorized 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.”
Insertion new section 62A in Gujarat XXVIII of 1961:-
42. In the principal Act, after section 62 the following section shall be inserted, namely:-
Revolving Fund:-
“62A. (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.”
Amendment of section 63 of Gujarat XXVIII of 1961:-
43. In section 63 of the principal Act, in sub-section (1),-
(1) in clause (a) for the words “Twenty five thousand rupees” the words “fifty thousand rupees” shall be substituted;
(2) in clause (b) for the words “one laks of rupees” the words “two laks of rupees” shall be substituted.
Amendment of section 66 of Gujarat XXVIII of 1961:-
44. In section 66 of the principal Act,-
(1) in sub-section (3) the words “in the prescribed manner” shall be deleted ;
(2) after sub-section (4) the following sub-section shall be added, namely:-
“(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.”
Amendment of section 68 of Gujarat XXVIII of 1961:-
45. In section 68 of the principal Act-
(1) the words “and the State Government shall cause such report to be published in the Official Gazette” shall be deleted;
(2) for the words “after it is published” the words “after it is submitted” shall be substituted.
Amendment of section 70 of Gujarat XXVIII of 1961:-
46. In section 70 of the principal Act-
(1) for clause (d) the following clause shall be substituted, namely:-
“(d) to set out the boundaries and the intended outlines of work”
(2) in clause (ii) of the proviso the words “unless with the consent of the occupier thereof and” shall be deleted.
Amendment of section 72-A of Gujarat XXVIII of 1961:-
47. In section 72-A of the principal Act-
(1) after the words “owned or controlled by the Government” the words and figures “or a co-operative society registered or deemed to have been registered under the Gujarat Co-operative Societies Act, 1961,” shall be inserted;
(2) after the words “or such Corporation” the words “or such co-operative society” shall be inserted ;
(3) in the proviso, after the words “any such corporation” the words “or any such co-operative society” shall be inserted ;
(4) in the marginal note, after the words “by Government” the words “or co-operative society” shall be inserted.
Amendment of section 73 of Gujarat XXVIII of 1961:-
48. In section 73 of the principal Act, in sub-section (2)-
(1) after clause (b) the following clause shall be inserted, namely:-
“(bb) the allowances of members of a committee appointed under section 17;”
(2) in clause (d) for the words “annual housing programme, budget and schedule of staff of officers and servants”, the words :annual housing programme and budget” shall be substituted;
(3) clauses (e), (f) and (g), shall be deleted;
(4) in clause (s) for the words “which is” the words “which is to be” shall be substituted.
Insertion of new section 87 in Gujarat XXVIII of 1961:-
49. After section 86 of the principal Act, the following new section shall be added, namely:-
Savings:-
“87. (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, 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 officer immediately before the commencement of the Gujarat Housing Board (Amendment) Act, 1972, shall continue to hold office for a period of three years from the date of his appointment.” |
