Subject to the budget provision, availability of funds and other provisions of this Act, the expenditure may be incurred on any single work or scheme for carrying out any of delegate to the Committee, Committee of the Board, the Housing Commissioner or any other officer of the Board of the power to incur expenditure upto such limits on any single work or scheme as may be prescribed by regulations.
25. Powers of Board, Chairman and Housing Commissioner to approve estimates -The Board, the Chairman or the Housing Commissioner, as the case may be, may accord approval to estimates for incurring expenditure on any work doing of any act for carrying out any of the purposes of this Act subject to like restrictions and conditions imposed on the Board, the Chairman or the Housing Commissioner, as the case may be, under section 24.
26. Emergency Powers of Board -(1) Where in the opinion of the Board circumstances have arisen which require immediate action, it shall be lawful for the Board to incur in any year recurring or non-recurring expenditure, not withstanding 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 37,
(2) The expenditure under sub-section (1) shall be made from out of the Contingency Fund established under section 73,
27. Emergency Powers of Chairman -The Chairman may, in case of emergency, direct the execution of any worker the doing of any act which requires the sanction of the Board and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public and may also direct that the expense of executing work or of doing the act shall be paid from the funds of the Board;
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 11
Provided that (a) He shall not act under the section in contravention of a direction, if any, of the Board or the State Government prohibiting the execution of any particular work or the doing of any particular act;
(b) He shall report the action taken by him under this section and the reasons thereof to the Board at its next meeting and shall also submit a copy of his report to the State Government and the Board, or the State Government may issue such direction as it may deem fit on such report.
28. Power to make and perform contracts -The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out the purposes of this Act.
29. Agreements and security deposits (1) Every contract shall be made on behalf of the Board by the Housing Commissioner.
(2) The Housing Commissioner shall take sufficient security deposits for the due performance of the contract.
(3) Written agreements shall be executed for all contracts the value of which exceeds five hundred rupees.
(4) Every contract made by the Housing Commissioner, the value of which exceeds ten thousand rupees, shall be reported to the Board at its next meeting.
Provided that a contract with any person or institution or organization outside India may be made on behalf of the Board by such other person also as the Board may specially authorise in this behalf.
30. Further provision as to execution of contracts and agreements- (I) Subject to the provisions of sections 28 and 29 the contracts and agreements shall be made or executed in accordance with such rules as may be prescribed.
(2) A contract or agreement made or executed in contravention of the provisions of this Act or the rules or regulations made these under shall not be binding on the Board.
CHAPTER -VI Housing Scheme
31. Duty of Board to undertake Housing Schemes -Subject to the provisions of this Act and subject to control of the State Government, the Board may incur expenditure and undertake works in any area to which this Act applies for the framing 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 M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 12
32. Power of Board to undertake Housing Schemes or to entrust its work to Government or non-government body -The Board may, subject to such rules and conditions as may be prescribed, undertake execution of work of housing schemes on behalf of a local authority or Cooperative Housing Society or employers or labour in industries or any other body, whether Government or otherwise, and also may entrust execution of its Housing Schemes to such bodies, as and when necessary. .
33. Matters to be provided for by Housing Schemes -Not withstanding 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 an affected by, the execution of the scheme;
(b) the laying or relaying out of any land comprised in the scheme;
(c) the distribution or redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of dwel1.ings or portion of dwellings unfit for human habitation;
(e) the demolition of obstructive buildings or portions of buildings; (f) the construction and reconstruction of buildings;
(g) the sale, letting or exchange of any property comprised in the scheme; (h) the construction and alteration of sheets and back lines;
(i) the provision of the draining, water supply and lighting of the area included in the scheme;
(j) The provision of parks, playing fields, open spaces for benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks playing fields open space and approaches;
(k) the provision of 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) the provision of accommodation for any class of inhabitants:
(m) the advance of money for the purposes of the scheme;
(n) the provision of facilities for communication and transport;
(o) the collection of such information and statistic as may be necessary for the purposes of this Act;
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 13
(p) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to provide any housing accommodation and to the making of improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme.
Explanation -For the purposes of this section, the State Government may on the recommendation of the Board by notification specify such area surrounding or adjoining the area included in a housing scheme to be the adjoining area.
34. Land Development Scheme -(I) Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a land development scheme.
(2) Such scheme shall specify the proposed layout of the area to be developed and the purposes for which particular portions thereof are to be utilized.
(3) The Board may provide for roads, streets open spaces, drainage water supply and street lighting and other amenities for the scheme area.
(4) The Board may lease out or sell, by out-right sale or on hire purchase basis, the building sites in the scheme area.
CHAPTER-VII Annual Housing Programme and Budget Estimates
35. Preparation of annual housing programme, budget and establishment schedule -(1) Before the first day of December in each financial year, the Board shall prepare and forward-
(i) a programme,
(ii) a budget for the next financial year;
(iii) a schedule of the staff of officers and servants already employed and to be employed during the next financial year; to the State Government in such form as may be prescribed.
(2) The programme shall contain -
(a) such particulars of housing schemes which the Board proposes to execute ,whether in part or whole during the next financial year as may be prescribed;
(b) the particulars of any undertaking which the Board proposes to organize or execute during the next financial year for the purpose of the production of building materials; and .
(c) such other particulars as may be prescribed.
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 14
Provided that if the State Government so directs before the date referred to in sub-section (1) the housing scheme in the programme shall include any matter which in its opinion it is necessary to provide for and execute on a basis of priority.
(3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next financial year, and shall have to be sanctioned by the State Government, If The Board is indevted to the State Government.
36. Supplementary programme and budget -The Board, may at any time, during the year in respect of which a programme has been prepared and forwarded to the State Government under section 35 forward a supplementary programme and budget to the State Government.
Provided that where the Board is indebted to the State Government, such supplementary programme and budget shall have to be sanctioned by the State Government.
37. Variation of programme by Board- The Board may at any time vary any programme or any part thereof included in the programme forwarded to the State Government under section 35;
Provided that no such variation shall be made if it involves an expenditure in excess of fifteen percent of the amount originally provided for the execution of any housing scheme included in such programme or affects its scope or purpose;
Provided further that where the Board is indebted to the State Government, no such variation shall be made except with the previous sanction of the State Government.
CHAPTER VIII Transfer of Land by Corporation, Improvement Trusts etc.
38. Transfer to Board for purposes of housing scheme of land vested in local authority-(l) Whenever any street, square or other land or part there of vested in any local authority is included in the programme and is required for the purposes of carrying on such housing schemes in accordance with the programme the Board shall give notice accordingly to the local authority concerned.
(2) Where the local authority concerned concurs, such street, square or other land or part thereof shall vest in the Board.
(3) Where the local authority concerned refuses to give any such land for the purposes of sub-section (I), the matter may be referred to the State Government by the Board, and the M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 15 State Government may, after giving a hearing to both parties, issue any direction in the matter which shall be binding on both parties.
(4) Nothing in this section shall affect the rights or powers of local authority in or over any drain or water-work in such street, square or land.
39. Compensation in respect of land vested in Board- (I) Where any land vests in the Board under the provisions of section 38 and the Board makes a declaration that such land, shall be retained by the Board only until it revests in the local authority concerned as part of a street or an open space under section 42, no compensation shall be payable by the Board to the local authority in respect of that land.
(2) Where any land vests in the Board under section 38 and no declaration is made under sub-section (I) in respect of the land, the Board shall pay to the local authority concerned compensation determined in accordance with the provisions of this Act.
(3) If in any case where the Board has made a declaration in respect of any land under subsection (I) the board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority, the Board shall pay to the local authority compensation in respect of such land in accordance with the provisions of sub-section (2).
40. Power of Board to turn of close public street vested in it- (I) 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 when 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,
41. Reference to Arbitration in case of dispute under section 39 or 40- (I) lf there is any dispute as to whether any compensation payable under section 39 or section 40, as the case may be, the matter shall be referred to a Board of Arbitration consisting of
(i) a nominee of the Board, M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 16
(ii) a nominee of the other party to the dispute, and
(iii) a person who holds or has acted as, a Judicial Officer in the Proceedings not below the rank of an Additional District Judge to be appointed by the State Government,
(2) The Board of Arbitration shall follow such procedure in the proceeding before it and follow such principles or apportioning the cost of proceedings as may be prescribed.
(3) An appeal shall lie to the High Court against the award of the Board of Arbitration.
(4) Save as provided in this section and any rules made there under, nothing in any law for the time being in force shall apply to the arbitrations under this section.
(5) The State Government may make rules for the purpose of carrying into effect the provisions of this section.
42. Vesting in local authority of streets laid out or altered and open space provided by Board under Housing Scheme -Whenever the State Government is satisfied-
(a) that any street laid out or altered by the Board has been dully levelled, paved, metalled flagged, channeled, sewered and drained in the manner provided in the programme; .
(b) that such lamps, lamp-posts and other apparatus as the local authority concerned, 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 convenience have been duly provided in such street;
The State Government may declare the street to be a public street and the street shall thereupon vest in the local authority concerned and shall thenceforth be maintained, kept in repair, lighted and cleaned by the said authority.
(2) When any open space for purpose of ventilation or recreation has been provided by the Board in executing any housing scheme 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 expenses 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, drain and layout such space and provide footpaths therein and, if necessary, to provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the Board and the local authority concerned in respect of any matter referred to in the foregoing provision of this Section, the matter shall be referred to the State Government whose decision shall be final.
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 17
42.A. Rendering of Financial Assistance to local authorities etc. on a direction by State Government -The State Government may direct the Board to render financial assistance to local authorities. The Improvements Trusts, Development Authorities including Special Area Development Authorities and other statutory bodies, as may be notified by the State Government in this behalf, which under- take the function or activity of development of urban areas or construction of houses as a part of housing programme under any enactment for the time being in force and upon receipt of such direction it shall be the duty of the Board to render financial assistance in accordance with the directions.
Explanation -In this section
(i) "Town Improvement Trust" means Town Improvement Trust established and constituted under the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1960);
(ii) "Development Authority" or "Special Area Development Authority" means "Town and Country Development Authority" or "Special Area Development Authority", as the case may be constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No.23 of 1973);
(iii) "Housing Programme" includes slums clearance sewage system, electric installations, lighting and connections, water supply system, construction of roads of such other purpose as may be notified by the State Government in this behalf;
or from the International Bank for Reconstruction and Development (IBRD) or any other inter-Governmental agency functioning under the United Nations Organization.
Subject to such conditions and limitation may from time to time, specify or for the purposes of the Act.
"With the International Bank for Reconstruction and Development (IBRD) or any other inter- Governmental agency functioning under the United Nations Organisations. or with any Bank or other financial institutions approved by the State Government or with the Life Insurance Corporation of India established under section 5 of the Life Insurance Corporation Act, 1966 (No.1 of 1956)".
CHAPTER -IX Other Duties of the Board
43. Measures to expediting and cheapening of construction~ It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all thing; for -
(a) Unification, simplification and standardization of building materials;
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 18
(b) encouraging pre-fabrication and mass publication of housing components; (c) organizing or undertaking the production of building materials required for the housing scheme;
(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.
44. Measures to ensure expeditious and efficient implementation of housing schemes in State- It shall also be tile duty of the Board to take measures
(i) to plan and co-ordinate all housing activities in the State, and to ensure expeditious and efficient implementation of housing schemes in the State;
(ii) to provide technical advice and scrutinize all projects under housing schemes sponsored or assisted by the Central or State Government;
(iii) to maintain, allot, lease and otherwise use plots, buildings and other properties of the Board and to fix and to refix rent and to collect rents from the properties under the control and management of the Board and repay loans to the State and Central Government; (vi) to set up a research section for the purpose of expediting the construction of and cheapening the costs of buildings; and
(v) to organise and run workshops and stores for manufacture, sale, stock, pulling and supply of building material required for housing schemes.
45. Reconstitution of plots -A housing scheme may provide - (a) for the formation of a reconstituted plots by the alteration of the boundaries of an original plot;
with the consent of the owners that two or more plots each of which is held in ownership in severally or in joint ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot;
(c) for the allotment of a plot to any owner dispossed of land in furtherance of housing scheme; and
(d) for the transfer of ownership of a plot from one person to another, with the consent of such person.
46. Disputes regarding reconstitution of plots- (1) Where by the making of housing scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed any person affected by such reconstitution or dispossession may apply to the Board for compensation.
M.P. GRIHA NIRMAN MANDAL ADHINIYAM, 1972 19
(2) The Board may, after making such enquiry as it thinks fit, decide whether the applicant is entitled to any compensation and if so to what ment.
(3) If any person is aggrieved by the decision of the Board he may apply to the Board to refer the matter to the Board of Arbitration to be constituted in accordance with section 41 and the Board shall, thereafter, refer the matter to arbitration.
(4) The Board of Arbitration shall, then, after making an enquiry determine the amount of compensation and direct the Board to pay the same to the person entitled
47. Supervision and centage charges -The Board may include in the cost of any housing or improvement scheme or land development scheme framed by it or any other work undertaken by it, supervision and centage charges at such rates as may be fixed by it;
provided that the rate so fixed shall not be more than twenty-three percent of the scheme of work.
CHAPTER X Acquisition and Disposal of Land
48. Power to purchase or lease by agreement -the Board may enter into agreement with any person for the acquisition from him by purchase, lease change of any land which is needed for the purposes of a housing scheme by interest in such land or for compensating the owners of any such land interest in respect of any deprivation thereof or interference there with.
49. Acquisition of land- (1) The Board may also take steps for the compulsory requisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act, 1894 (No.1 of 1894), and the acquisition of any land or any interest therein for the purpose of this Act shall be deemed to be acquisition for a public purpose with in. the meaning of the Land Act 1894 (No.1 of 1894).
(2) The Board shall be deemed to be a local authority for the purpose of Land Acquisition Act, 1894 (No.1 of 1894).