(1) Everv budget sanctioned by the Board shall be subm~tted to the State Government for approval.
At any time after the receipt of the Budget, the State Government may app.rove the budget as sanctioned by the ~o.ard. or returr: 1t to the Board for . making such mod1flcat10ns therem as the State Government may deem fit.
0 Supplementary budget.
Publication and ! execution of hous ing schemes.
17
(2) Where a budget is returned to th.e Bo~rd by the State Government for making any mod1ficatI~n th~re in, the Board shall forthwith ma~e such mod1ficat10ns and submit the budget as so modified to the State Go vernment, which may then approve 1it.
29. The Chairman may, at any time during the year for which a budget has been approved by .th~ ..
State Government, lay before the board a supplemen tary budget and the provisions of sections 26, 27 and 28 shall apply to such supplementary budget.
30 After the budget is approved by the State Go vernm~nt, the Board shall cause the housing schemes, in respect of which provision is made in the budget, to be published in the official Gazette in such manner as may be prescribed, and proceed to execute the new schemes.
• Variation of hous- 31. The Board may at any time vary any housing ing schemes . .z scheme or any part thereof included in the budget approved by the State Government :
e
Provided that no such variiation shall be made if it involves an expenditure in excess of 10 per cent of the amount as included in the budget approved by the State Government for the execution of any housing scheme or if it affects the scope or purpose of such scheme.
Transfer rnn the 32. (1) Whenever any street, square or other land, Board ~0 purposes or any part thereof situated in any area of a Corporaof hous1vg scheme . M . . l' ' M hk p · h d · of land rested in hon, umCilpa ity or o uma ans ad and veste m a Corpoaation, the Corporation, Murni.cipality or Mohkuma Parishad MMuhnkiciplipty .
0 1rd constituted therefor, is required for the purpose of anv 0 uma ansia h · h · 1 d d ' h b d d bu ousmg sc eme me u e m t e u get approve y the State Government, the Board shall give nobice accordingly to the Corporation, Municipality or Moh kuma Parishad as the case may be.
(2) Where the Corporation, Municipality or Moh kuma Pad.shad concurs, such street, square or other land, or part thereof, shall vest in the Board.
(3) Where there is any dispute, the matter shall be referred to the State Government. The State Govern - ment shall, after hearing the Corporation, Municipality or Mohkuma Parishad concerned, decide the matter and the decisiion of the State Government shall be final.
If the State Government decides that such street square or land, or part thereof, shall vest in the Board' it shall vest accordingly. ' 18
(4) Nothing in this seetion shall affect the rights or - powers of the Corporation, Mund.cipality or Mo.hkuma Parishad in or over any drain or water works m such streets, square or land.
Compensation in 33. (1) Where any land vests in the Board under respect. of land the provisions of section 32 and the Board makes a vested m the Board. declaration that such land shall be retained by the Board only until it revests in the Corporation, the ,, Municipality or the Mohkuma Parishad., as part of a street or open space under section 36, no compensation shall be payable by the Board to the Corporation, the ~ Municipality or the Mohkuma Parishad, as the case may be, d.n respect of that land.
(2) Where any land vests in the Board under sec tion 32 and no declaration is made under sub-section
(1) in respect of the land, the Board shall pay to the Corporation, the Municipality or the Mohkuma pari shad, as the case may be, as compensation a sum equal to the value of such land.
(3) If, in any case where the Board has made a declaration in respect of any land under sub-section
(1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the Corporation, the Municipality or the Mohkuma Parishad, as the case may be, the Board shall pay to the Corporation, the Municipality or the Moh kuma Parishad, compensation d.n respect of such land in accordance with the provisions of sub-section (2) .
Power of Board .} 34. (1) The Board may turn, divert, discontinue the to turn or close public use of, or permanently close, any publiic street public street vest- vested in it or any part thereof.
etl in it.
(2) Whenever the Board discontinues the public use of, or permanently closes, any public <Street vested in it .or any part thereof, it shall, as far as practicable, prowde some other reasonable means of access to be substituted in lieu of the use, by those entitled, ·of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as mere member of the public, to use such street or part as a mean of access and has suffered damage from such dis ~n~inuance or closing, I:·:.
(3) In defermining the compensation payable to any person under sub-section (2) the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other 0 0 • 0 ~ Reference to Tri bunal in case of dispute under section 33 or 34.
Vesting in Cor poration, Munici palty or Mohkuma Parishad, of street laid out or altered and open space provided by the Board under Hous ing Scheme.
19 public street at or about the same time that the public street or part thereof, on account of which the compen sation is paid, is discontinued or closed.
(4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the sadd street as is no longer required.
35. If there is any dispute as to whether any com pensation is payable under section 33 or as to the am ount of compensation payable under section 33 or sec tion 34, as the case may be, the matter shall be referred to the Tribunal.
36.(1) Whenever the State Government is satisfied-
(a) that any street laid out or altered by the Board has been duly levelled, paved, metal led, flagged, channelled, sewered and drained as required for any housing scheme included in the Budget approved by the State Govern ment under section 28, and
(b) that such lamps, lamp-posts and other ap paratus as the Corporation, the Municipality or Mohkuma Parishad, as the case may be, considers necessary for the lighting of such street and as ought to be provided by the Board have been so provided, and
(c) that water and other sanitary conveniences have been duly provided d.n such street, the State Government may declare the street to be a public street and the street shall there upon vest in the Corporation, Municipality or Mohkuma Parishad as the case may be, and shall thenceforth be maintained, kept in re pair, lighted and cleaned by the Corporation, Municipallity .or Mohkuma Parishad.
(2) When any open space for purposes of ventila tion or recreation has been provided by the Board in executing any housing scheme, the Board may at its option by resolutlion transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained at the expense of the local authority:
Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, dradn and lay-out such space and provide footpaths therein and if necessary to provide lamps and other apparatus for lighting it.
Other duties of the Board, 20
(3) If any difference of opinion arises between the Board and the Corp,oration, Municipality or Mohkuma Parishad in respect of any matter referred to in the foregoing provisions of this section, t he matter shall be referred to the State Government whose decisiop shal1 be finaL