(1) The Board may enter into an agreement with any person for the acquisition from him by pur chase, lease or exchange, of any land which ~s needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or inter ference therewith.
a " 21 Board to as aume 38. The Board shall, subject to the general control man~c;ment of of the State Government, assume management of all requmtioned lands. such lands requisitioned or continued to . be subject to requisition, by or under the aut~o~i.ty of the Sta~e. ~o vernment under the Assam Requisition and Acquisition Act, 1964 or by or under any corresponding law for the time being in force, as the State Government may dd.rect.
Rccon-1titution of plots.
Power to exempt Schemes from provisions of sec tions 26 to 31.
Power to pur chase or lease by agreement.
39. A housing scheme may provide-
(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 whd.ch is held in ownership in severaley or in joint ownership shall, with or without alteration of bounda ries be held d.n ownership in common as a reconstituted plot;
(c) for the allotment of a plot to a_ny own~r dis possessed of land in furtherance of the hous ing scheme ; and
(d) for the transfer of ownership of a plot from one person to another with the consent Gf such persons.
40. The State Govern~ent may, by general or special order published in the official Gazette, exempt any housd.ng scheme undertaken by the Board from all or any of the provisions of sections 26 to 31 subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme Wiith such modifications as may be specified in the order.
CHAPTER IV Acquisition and Disposal of Land
41. (1) The Board may enter into an agreement with any person for the acquisition from him by pur chase, lease or exchange, of any land which ~s needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or inter ference therewith.
22
(2) The Board may also take st~ps for the cor;ipul sory acqud.sition of any land or any ~ter.est ther~m re quired for the execution of a housmg scheme m the manner provided in the Land Acquisition Act and the acquisition of any land or any interest thereto f?~ ~he purposes of this Act shall be deemed to be acqmsition for a public purpose within the meaning of the Land Acquisition Act.
Betterment charges. 42. (1) When by the making of a housing scheme any land in the area comprised in the scheme will, in the opindon of the Board be increased in value, the Board in frarp.ing the scheme may declare that better ment charges shall be payable by the owner of the land or person having an interest therein in respect of the lincrease in value of the land from the execution of the scheme.
(2) Such increase lin value shall be the amount by which 1;.he value of the land on the completion of exe cution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land orior to the execution of the scheme estimated in like manner and the betterment charges shall be one half of such increase in value.
(3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.
Explanation.-For the purpose of this sub-section the State Government may on the recommendation of the Board, by notification in the official Gazette, dec lare such land which is situated near or contiguous or adjacent to any land comprised in a scheme to be adja cent to the area comprised in such scheme.
Notice to persons 43. (1) The Board shall give notice in the prescrib liable for better ed form to any person who is the owner of or has inte men t charges.
rest in the land in respect of which the betterment ch~rges are to be levi~d and shall give such person an opportunity to be heard.
(2) After hearing such persori or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Board is accepted by the person con cerned wiithin the period prescribed, the assessment shall be final. ..
0 0 • • 0 23 ( 4) If the person concerned does not accept the assessment proposed by the Board the matter shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable-by the per·- son.
Agreement for 44. (1) Any person liable to pay betterment charges payment of better- respect of any land may at his option, instead of pay-· ment charges. d.ng the same to the Board, execute an agreement with the Board to leave the payment outstanding as a char ge on his interest in the land, subject to the payment in perpetuity of interest at such rate as may be pres cribed.
Recovery of bett· erment charges .
Power to dispose of land.
Disputes regarding reconatitution of plots.
(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall notwithstanding anything contain ed in any other enactment and notwithstanding the execution of any mortgage or charge created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.
45. All sums payable in respect of any land by any person in respect of betterment charges under section 42 or by any person under an agreement under section 44 shall be recoverable on behalf of the Board as an arrear of land revenue. ·
46. Subject to any rules made by the State Go vernment under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of, any land, any building or other property vesting in it and situate in the area comprd.sed in housing scheme permitted under this Act. ·