The Goa, Daman and Diu Housing Board Act, 1968

Manual of Goa Laws (Vol. II) – 523 – Housing Board Act & Rules The Goa, Daman and Diu Housing Board Act, 1968 and Rules, 1969 Manual of Goa Laws (Vol. II) – 524 – Housing Board Act & Rules Manual of Goa Laws (Vol. II) – 525 – Housing Board Act & Rules The Goa Housing Board Act, 1968 and Rules 1969

1. The Goa Housing Board Act, 1968 (Act No. 12 of 1968) (18th September, 1968) published in the Govt. Gazette, Series I No. 30 dated 24-10-1968.

2. The Goa Housing Board (Amendment) Act, 2001 (Act No. 32 of 2001) published in the Official Gazette, Series I No. 5 dated 7-5-2001 and came into force at once.

3. The Goa Housing Board Rules, 1969 published in the Government Gazette, Series I No. 29 (Supplement) dated 18-10-1969.

4. The Goa Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982 as amended by Regulations, 1994 & as amended by Regulation 2001.

5. The Goa Housing Board (Registration, Allotment and Sale of Tenements) Regulations, 1982 and as amended by Regulations, 1993 & as amended by Regulation 2001.

Arrangement of Sections 1 Short title, extent and commencement 2 Definitions 3 Establishment and incorporation of Board 4 Constitution of Board 5 Term of Office of Chairman and other members 6 Disqualification for appointment 7 Removal of Chairman and other members 8 Vacancy to be filled as early as practicable 9 Proceedings presumed to be good and valid 10 Temporary absence of members 11 Leave of absence for Chairman 12 Officers and other employees of Board 13 Conditions of service of officers and other employees of Board 14 Promotions and punishments of officers and other employees of Board 15 Service regulations 16 Control and delegation by Chairman 17 Meetings of Board 18 Temporary association of persons with Board for particular purpose 19 Appointment and functions of Committees 20 Members of Board or Committees or persons associated with Board not to take part in proceedings in which they are personally interested 21 Powers of Board and Chairman to incur expenditure 22 Powers of Board and Chairman to approve estimates 23 Emergency powers of Chairman 24 Power to make contracts 25 Agreements and security deposits 26 Further provisions as to execution of contracts and agreements 27 Delegation of power of Board to sanction contracts 28 Power of Board to undertake housing, improvement or building schemes and incur expenditure 29 Matters to be provided in housing, improvement or building schemes 30 Types of housing, improvement or building schemes 31 Housing accommodation scheme 32 Rebuilding scheme 33 Rehousing or rehabilitation scheme 34 City, town or village expansion scheme 35 Street scheme 36 Deferred street scheme 37 Land development scheme 38 General improvement scheme Manual of Goa Laws (Vol. II) – 526 – Housing Board Act & Rules 39 Preparation, publication and transmission of notice as to housing, improvement or building scheme 40 Transmission to Board of representation by the concerned local authority as to housing, improvement or building scheme 41 Abandonment, modification or sanction of a housing, improvement or building scheme 42 Publication of sanction of a housing, improvement or building scheme 43 Board to execute housing, improvement or building scheme soon after sanction 44 Variation of housing, improvement or building scheme 45 Transfer to Board for purposes of housing, improvement or building scheme of building or land vested in local authority 46 Power of Board to turn or close public street vested in it 47 Transferring streets laid out or altered and open spaces provided by Board under a housing, improvement or building scheme 48 Prevention or restriction of traffic in street vested in Board, during progress of work 49 Provision of facilities when work is executed by Board in public streets vested in it 50 Other duties of Board 51 Power of Government to call for the records of Board and to modify, housing, improvement or building scheme 52 Power to exempt 53 Power to purchase or lease by agreement 54 Betterment charges 55 Notice to persons liable for betterment charges 56 Agreement for payment of betterment charges 57 Recovery of betterment charges 58 Power to dispose of land 59 Disputes regarding reconstitution of plots 60 Appointment of competent authorities 61 Power to evict certain persons from Board premises 62 Power to recover rent or damages as arrears of land revenue 63 Rent to be recovered by deductions from salary or wages in certain cases 64 Appeal 65 Board’s fund 66 Subventions and loans to Board 67 Power of Board to borrow and lend 68 Guarantee by Government of loans 69 Repayment of loans taken under section 67 70 Establishment and maintenance of sinking fund 71 Power to discontinue payments into sinking fund 72 Investment of sinking fund 73 Annual examination of sinking fund 74 Estimates of income and expenditure to be laid before Board 75 Sanction of Board to estimates 76 Approval of Government to estimates 77 Supplementary estimate 78 Adherence to estimate and maintenance of closing balance 79 Definition of “cost of management” 80 Capital account and revenue account 81 Credits to capital account 82 Application of capital account 83 Credits to revenue account 84 Application of revenue account 85 Power to direct sale of securities in which any surplus of revenue account is invested.

86 Advances from revenue account to capital account 87 Advance from capital account to revenue account 88 Submission of abstracts of accounts to Government 89 Audit of accounts 90 Powers of auditor 91 Remuneration of auditor 92 Reports and information to be furnished by auditor to Board 93 Auditor’s report to be sent to each member and considered by Board Manual of Goa Laws (Vol. II) – 527 – Housing Board Act & Rules 94 Board to remedy defects pointed out by auditor 95 Statement of account and audit report to be forwarded to Government 96 Valuation of assets and liabilities of Board 97 Penalty for removing bar, chain or post 98 Penalty for building within street alignment or building line without permission 99 Penalty for failure to comply with requisition made by auditor 100 Penalty for obstructing contractor or removing mark 101 Penalty for breach of the provisions of the Act 102 Compensation to be paid by offenders 103 Punishment for acquiring share or interest in contract, with Board 104 Cognizance and trial of offences 105 Duty of police officers 106 Arrest of offenders 107 Powers of Chairman as to institution and composition of legal proceedings 108 Protection of action taken in good faith 109 Notice of suit against Board 110 Proof of consent of Board or Chairman or officer or other employees of Board 111 Power of Chairman to direct removal of unauthorized erection, within street alignment 112 Power of Board to pay compensation 113 Public notices how to be made know 114 Stamping, signature on notices or bills 115 Service how to be effected 116 Power to make surveys, or contribute towards their cost 117 Power of entry 118 Powers of Board for facilitating movement of the population 119 Members, officers and other employees of Board, and Committees deemed to be public servants 120 Contributions towards leave, allowances and pensions of employees of the Central Government or a State Government 121 Board and Chairman to exercise powers and functions of local authority 122 Supply of documents and information to Government 123 Submission of administration report to Government 124 Power of Government to give directions to Board and local authorities 125 Supersession of Board 126 Dissolution of Board 127 Power to remove difficulties 128 Power to make rules 129 Power to make regulations GOVERNMENT OF GOA Law and Judicial Department LD/2/32/68 The following Act passed by the Legislative Assembly of Goa, Daman and Diu received the Assent of the President of India on the 18th September, 1968, is hereby published for general information.

Manual of Goa Laws (Vol. II) – 528 – Housing Board Act & Rules The Goa,1 Housing Board Act, 1968 (Act No 12 of 1968) [18th September, 1968] An Act to provide for the establishment of a Housing Board in the 2[State of Goa], and for matters connected therewith.

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth Year of the Republic of India as follows:

CHAPTER – I Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Goa3 Housing Board Act, 1968.

(2) It extends to the whole of the [State of Goa].4

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

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 29;

(b) ‘appointed day’ means such date as the Government may, by notification in the Official Gazette, appoint;

(c) ‘betterment charges’ means charges leviable under section 54;

(d) ‘Board’ means the Goa5 Housing Board, established under this Act;

(e) ‘Board premises’ means any premises belonging to or vesting in the Board or taken on lease or otherwise by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act;

(f) ‘building materials’ means such commodities or articles as are specified to be building materials for the purpose of this Act by notification by the Government;

(g) ‘Chairman’ means the Chairman of the Board;

1 The words & letters “Daman & Diu” omitted by Amendment Act 32 of 2001.

2 For the expression “Union Territory of Goa, Daman and Diu” the expression “State of Goa” substituted by Amendment Act 32 of 2001.

3 The words “Daman & Diu” omitted by Amendment Act 32 of 2001.

4 Substituted in place of word “Union Territory of Goa, Daman & Diu” by Amendment Act 32 of 2001.

5 The words “Daman & Diu” omitted by Amendment Act 32 of 2001.

Manual of Goa Laws (Vol. II) – 529 – Housing Board Act & Rules

(h) ‘competent authority’ means any person authorised by notification by the Government to perform the functions of the competent authority under section 60;

(i) ‘co-operative society’ means a society registered or deemed to be registered under the law relating to co-operative societies for the time being in force in this territory;

(j) ‘housing scheme’ means a housing scheme framed under this Act;

(k) 6‘Government’ means the Government of Goa;

(l) ‘land’ includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(m) ‘member’ means a member of the Board and includes the Chairman;

(n) ‘local authority’ means the area under the jurisdiction of a municipal council or a nagar panchayat or a panchayat constituted under any law for the time being in force in the territory;

(o) ‘notification’ means a notification published in the Official Gazette;

(p) ‘premises’ means any land or building or part of a building and includes—

(i) gardens, ground 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;

(q) ‘prescribed’ means prescribed by rules made under this Act;

(r) ‘regulations’ means regulations made under section 129;

(s) ‘rent’ means the amount payable to the Board in respect of the occupation of any Board premises and includes the charges for water and electricity used or consumed in the premises;

(t) 7‘Secretary’ means the Secretary–cum–Managing Director of the Board;

(u) ‘Territory’ means the Union Territory of Goa, Daman and Diu;

(v) ‘year’ means the financial year.

6 Substituted by Amendment Act 32 of 2001.

7 Substituted by Amendment Act 32 of 2001.

Manual of Goa Laws (Vol. II) – 530 – Housing Board Act & Rules

CHAPTER - II Establishment of Board

3. Establishment and incorporation of Board.— (1) On and from the appointed day, there shall be established a Board to be called the Goa8 Housing Board.

(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to the provisions of this Act, be competent to acquire, hold and dispose of property both movable and immovable and to contract and do all things necessary for the purposes of this Act.

(3) For the purposes of this Act and the Land Acquisition Act of 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 and the exercise of its rights over and with respect to such lands and buildings.

4. Constitution of Board.— (1) The Board shall consist of a Chairman, and eight other members, nominated by the Government by notification:

Provided that at least one of the members shall be an officer of the Government.

5. Term of office of Chairman and other members.— (1) 9[Every member shall hold office during the pleasure of the Government and shall be eligible for renomination].

(2) Any member may, by writing under his hand addressed to the Government, resign his office, but he shall continue to hold office until his resignation is accepted by the Government.

(3) Every member shall be entitled to receive such remuneration or allowances from the funds of the Board as may be prescribed:

Provided that if the Board so desires, he shall be entitled to receive both remuneration and allowances at such rates as may be prescribed:

Provided further that in the case of a member of the Legislative Assembly of Goa, Daman and Diu, he shall not be entitled to any remuneration other than the travelling allowance and daily allowance at rates not exceeding those admissible to him as a member of the Legislative Assembly under the Goa, Daman and Diu Salaries and Allowances of Members of the Legislative Assembly Act, 1964.

8 The words “Daman & Diu” omitted by Amendment Act 32 of 2001.

9 Substituted by Amendment Act 32 of 2001.

Manual of Goa Laws (Vol. II) – 531 – Housing Board Act & Rules

6. Disqualification for appointment.— (1) A person shall be disqualified for being nominated as, and for being, a member of the Board—

(a) if he holds any office of profit under the Board;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he has, directly or indirectly, by himself or by any partner, any share or interest in any contract with, by or on behalf of the Board;

(e) if he is a Director or Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract with, by or on behalf of the Board;

(f) if he has been convicted by a competent court of an offence involving moral turpitude.

(2) A person shall not, however, be disqualified under clause (d) or clause (c) of sub-section (1), or be deemed to have any share or interest in any contract or employment within the meaning of the said clauses, 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—

(i) any newspaper in which any advertisement relating to the affairs of the Board is inserted;

(ii) any sale, purchase, lease or exchange of immovable property or any agreement for the same;

(iii) any agreement for any security for the payment of money only.

(3) A person shall not also be disqualified under clause (d) or clause (c) of sub- -section (1), or be deemed to have any share or interest in any incorporated company which has any share or interest in contract 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 Government the nature and extent of the shares held by him.

Explanation.— For the purposes of clause (a) of sub-section (1), the Chairman shall not be deemed to be an officer or employee of the Board.

7. Removal of Chairman and other members.— The Government may, by notification, remove from office the Chairman or any other member—

(a) who is, or has become, subject to any of the disqualifications mentioned in section 6;

(b) who is absent without the permission of the Board from all the meetings of the Board for three successive ordinary meetings;

Manual of Goa Laws (Vol. II) – 532 – Housing Board Act & Rules

(c) who has in the opinion of the Government been guilty of any misconduct or neglect of duty or has so abused his position as to render his continuance as member detrimental to the interests of the Board or of the general public, or is otherwise unfit to become a member;

(d) who has refused to act or has become incapable of acting:

Provided that no member shall be removed from office unless he has been given an opportunity to show cause against his removal.

8. Vacancy to be filled as early as practicable.— (1) Any vacancy of a member of the Board shall be filled as early as practicable.

(2) Notwithstanding anything contained in this Act, the continuing members may during such vacancy act as if no vacancy had occurred.

9. Proceedings presumed to be good and valid.— No disqualification of or defect in the appointment of any person acting as a Chairman or a member of the Board or any vacancy therein shall vitiate any act or proceeding of the Board if such act or proceeding is otherwise in accordance with the provisions of this Act.

10. Temporary absence of members.— If any member of the Board is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise not involving the vacation of his appointment, the Government may appoint another person to officiate for him and to carry out his functions under this Act or any rules or regulations made thereunder.

11. Leave of absence for Chairman.— The Government may grant to the Chairman such leave as may be prescribed.

12. Officers and other employees of Board.— (1) The Board shall have a Secretary, a Housing Engineer, a Chief Accounts Officer and such other officers and employees as may be necessary for the efficient performance of its functions.

(2) The appointment of the Secretary, Housing Engineer and Chief Accounts Officer shall be made by the Government, and the appointments of other officers and employees shall be made by the Board.

13. Conditions of service of officers and other employees of Board.— The remuneration and other conditions of service of the Secretary, Housing Engineer, Chief Accounts Officer and other officers and employees of the Board shall be such as may be laid down by regulations.

14. Promotions and punishments of Officers and other employees of Board.— (1) Subject to any regulations made under section 15, the power of making promotions to posts in the service of the Board, of granting leave to officers and other employees holding such posts, of censuring, imposing fines, withholding promotions from, reducing, suspending, removing or dismissing such officers and other employees for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or miscon- Manual of Goa Laws (Vol. II) – 533 – Housing Board Act & Rules duct, and of discharging such officers and other employees from the service of the Board for any other sufficient reasons, shall be exercised by such authority and in such manner as may be laid down by regulations:

Provided that an employee of the Central Government or State Government or of a local authority, whose services have been lent to the Board shall not be so punished except by an authority which would have been competent to do so if his services had not been so lent, but the Board shall be entitled to make an enquiry and to report against such employee to such authority.

(2) Any officer or employee of the Board who is aggrieved by an order passed under sub-section (1) other than an order under the proviso thereto may, within two months from the date of receipt by him of such order, appeal to the Government.

15. Service regulations.— Subject to the provisions of this Act, the Board shall, with the previous approval of the Government, make regulations—

(a) fixing the salary and allowances and conditions of service of the Secretary, Housing Engineer, Chief Accounts Officer and other officers and employees of the Board;

(b) fixing the amount and nature of security to be furnished by any officer or other employee from whom it may be deemed expedient to require security;

(c) for regulating the grant of leave of absence, leave allowances and acting allowances to the officers and other employees of the Board:

Provided that an employee of the Central Government or a State Government employed by the Board shall not be entitled to leave or leave allowances, otherwise than as laid down in the conditions of his service under the Central Government or State Government relating to transfer to foreign service;

(d) for establishing and maintaining a provident fund, for compelling all or any of the officers or employees other than the employees of the Central Government or State Government in respect of whom a contribution is paid under section 120 to subscribe to the fund at such rates and subject to such conditions as may be prescribed, and for paying into the said fund such portion of the contribution of the Board in such manner as the Government may determine;

(e) for determining the conditions under which the officers and other employees or any of them shall on retirement receive pension, gratuities and compassionate allowances and the amount of such pensions, gratuities and compassionate allowances.

16. Control and delegation by Chairman.— (1) The Chairman shall exercise supervision and control over the acts and proceedings of all officers and other employees of the Board, and, subject to the foregoing sections and subject also to such control, appeal and revision as may be prescribed, shall decide all questions relating to conditions of services of the said officers and employees.

Manual of Goa Laws (Vol. II) – 534 – Housing Board Act & Rules

(2) The Chairman may, by general or special order in writing, delegate to any officer of the Board, any of his powers, duties or functions under this Act or any rules or regulations made thereunder, except those under sections 17, 74, 107 and 110.

(3) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (2) shall be subject to such restrictions and limitations as may be imposed by the Chairman, and shall also be subject to his control and revision.

*(4) Against any order of the nature referred to in sub-section (2) of section 14, passed by an officer to whom the powers of the Chairman in that behalf have been delegated, an appeal shall lie to the Chairman and if the Chairman has himself revised the orders of such officer, an appeal shall lie to the Board against the order of the Chairman.

CHAPTER - III Conduct of business of Board and Committees

17. Meetings of Boards.— The Board shall make such regulations with respect to the day, time, place, notice, management and adjournment of its meetings as it thinks fit, subject to the following provisions, namely:—

(a) an ordinary meeting shall be held at least once every month;

(b) the Chairman may, whenever he thinks fit, call for special meetings;

(c) every meeting shall be presided over by the Chairman and in his absence by any member chosen by the members present at the meeting to preside for the said occasion;

(d) all questions at any meeting shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a casting vote;

(e) the minutes of the meetings shall be recorded in a book to be provided for the purpose and a copy of the minutes shall be forwarded to the Government within seven days of approval of the minutes;

(f) the remarks, if any, of the Government on the minutes of the meetings of the Board so received shall be communicated to the Board within two weeks from the date of receipt of such minutes, and if no remarks are communicated, it shall be deemed that the Government have no remarks to offer on the minutes.

18. Temporary association of persons with Board for particular purposes.— (1) The Board may associate with itself in such manner and for such purpose as may be laid down by regulations, any person whose assistance or advice it may desire for the purpose of carrying into effect any of the provisions of this Act:

Provided that the number of persons so associated shall not be more than five.

Manual of Goa Laws (Vol. II) – 535 – Housing Board Act & Rules

(2) A person associated with the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote and shall not be deemed to be a member for any other purpose.

(3) The Government may, by order, depute one or more officers of the Government to attend any meeting of the Board and to take part in the discussions of the Board, but such officer or officers shall not have the right to vote.

19. Appointment and functions of Committees.— (1) The Board may appoint committees consisting of such number of persons as it may think fit for the purpose of discharging such duties or performing such functions and on such terms and conditions, as may be laid down by regulations.

(2) The Chairman or such other person as he may nominate in this behalf shall preside over the meetings of the committees and the committees shall observe such rules of procedure in regard to transaction of business at these meetings as may be laid down by regulations.

(3) All proceedings of the committees shall be subject to confirmation by the Board.

20. Members of Board or Committees or persons associated with Board not to take part in proceedings in which they are personally all interested.— (1) A member or a person associated with the Board or a member of any committee who —

(a) has, directly or indirectly, by himself or by any partner, any such share or interest as is described in sub-section (1) of section 6 in respect of any matter, or

(b) has acted professionally, in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take part in any proceedings of the Board or any committee relating to such matter.

(2) If any member or any person associated with the Board under section 18 or any member of a committee appointed under section 19 has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any housing, improvement or building scheme framed under this Act, or in an area in which it is proposed to acquire land for any of the purposes of this Act,—

(i) he shall at a meeting, relating to such area, of the Board or any committee inform the person presiding of the nature of such interest; and

(ii) he shall not take part in any proceedings relating to such area at a meeting of the Board or any committee.

(3) Nothing in sub-section (2) shall prevent any member or any person associated with the Board under section 18 or any member of a committee appointed under section 19 from voting on, or taking part in the discussion, of any resolution or question relating to any subject other than a subject referred to in that sub-section.

Manual of Goa Laws (Vol. II) – 536 – Housing Board Act & Rules

CHAPTER-IV Powers of Board and Chairman to incur expenditure on schemes and enter into contracts

21. Powers of Board and Chairman to incur expenditure.— Subject to budget provision and availability of funds, expenditure may be incurred on any single work or scheme for carrying out any of the purposes of this Act—

(1) by the Chairman, in case such expenditure does not exceed 10[three lakh rupees];

and

(2) by the Board, in other cases:

11[Provided that the Board shall not, without the previous approval of the Government, incur any expenditure exceeding ten lakhs of rupees if the funds are linked to any Government Guarantee and one crore of rupees in other cases.]

Provided further that the Chairman shall report the expenditure incurred by him under this section to the Board at its next meeting.

22. Powers of Board and Chairman to approve estimates.— The Board or the Chairman may accord approval to estimates for incurring expenditure on any work or scheme for carrying out any of the purposes of this Act subject to the restrictions and conditions imposed on the Board or the Chairman, as the case may be, under section 21.

23. Emergency powers of Chairman.— The Chairman may, in cases of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Board and the immediate execution or doing of which is, in his opinion, necessary for the service of safety of the public, and may also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board:

Provided that—

(a) he shall not act under this section in contravention of any direction of the Board or the Government prohibiting the execution of any particular work or the doing of any particular act; and

(b) he shall report the action taken by him under this section and the reasons therefor to the Board at its next meeting and shall also submit a copy of his report to the Government, and the Board or the Government may issue such directions as it deems fit on such report.

24. Power to make contracts.— The Board may make and perform all such contracts as it may consider necessary or expedient for carrying out the purposes of this Act.

10 Substituted by Amendment Act 32 of 2001.

11 Substituted by Amendment Act 32 of 2001.

Manual of Goa Laws (Vol. II) – 537 – Housing Board Act & Rules

25. Agreements and security deposits.— (1) Every contract shall be made on behalf of the Board by the 12[Secretary] , or any other person empowered by it in this behalf.

(2) The 13[Secretary] shall take sufficient security deposit for the due performance of the contract.

(3) Written agreements shall be executed for all contracts, the value of which exceeds five hundred rupees.

26. Further provisions as to execution of contracts and agreements.— (1) Subject to the provisions of sections 24 and 25, the contracts or agreements shall be made or executed in accordance with such rules as may be made.

(2) The provisions of sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.

(3) A contract or agreement made or executed in contravention of the provisions of this Act or the rules or regulations made thereunder shall not be binding on the Board.

27. Delegation of powers of Board to sanction contracts.— Subject to such rules as may be made, the Board may by order direct that the power conferred on it under sections 24 and 25 to sanction a contract shall be exercised by the Housing Engineer or any other officer specified by it in the order.

CHAPTER - V Housing, improvement or building schemes

28. Power of the Board to undertake housing, improvement or building schemes and incur expenditure.— (1) Subject to the provisions of this Act, the Board may, from time to time, incur expenditure and undertake works for the framing and execution of such housing, improvement or building schemes as it may consider necessary.

(2) The Government may, on such terms and conditions as it may think fit to impose, transfer to the Board the execution of any housing, improvement or building scheme not provided for by this Act, and the Board shall thereupon undertake the execution of such scheme as if it had been provided for in this Act.

(3) The Board may, on such terms and conditions as may be agreed upon and with the previous approval of the Government, take over for execution any housing, improvement or building scheme on behalf of a local authority or a co-operative society and the Board shall execute such scheme as if it had been provided for in this Act.

29. Matters to be provided for in housing, improvement or building schemes.— Notwithstanding anything contained in any other law for the time being in 12 In place of word “Chairman” the word “Secretary” substituted by Amendment Act 32 of 2001.

13 In place of word “Chairman” the word “Secretary” substituted by Amendment Act 32 of 2001.

Manual of Goa Laws (Vol. II) – 538 – Housing Board Act & Rules force, a housing, improvement or building 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 or affected by the execution of the scheme;

(b) the laying or re-laying out of any land comprised in the scheme;

(c) the distribution or re-distribution of sites belonging to owners of the property comprised in the scheme;

(d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;

(e) the demolition of obstructive buildings or portion of buildings;

(f) the construction and reconstruction of any type of buildings, their maintenance and preservation;

(g) the sale, lease or exchange of any property comprised in the scheme;

(h) the construction and alteration of roads, streets, back lanes, bridges, culverts and causeways;

(i) the draining, water-supply and lighting of the streets included in the scheme;

(j) the provision of open parks, playing fields and open spaces for the benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks, playing fields, open spaces and approaches;

(k) the provision of sanitary arrangements required for the area comprised in the scheme, including conservation and prevention of 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 provision of facilities for communication and transport;

(n) the collection of such information and statistics as may be necessary for the purposes of this Act;

(o) the reclamation or reservation of lands for market, gardens, playing fields and afforestation;

(p) the provision of schools, parks, dispensaries, hospitals, swimming pools, cinema houses, restaurants, shops, markets, fuel depots, laundries, hair dressing saloons and other amenities; and

(q) any other matter for which, in the opinion of the Government, it is expedient to make provision with a view to providing housing accommodation and for the improvement of any area comprised in the scheme or of any adjoining area for the general efficiency of the scheme.

Manual of Goa Laws (Vol. II) – 539 – Housing Board Act & Rules

Explanation:— For the purposes of this section, the Government may, by notification, specify any area surrounding or adjoining the area included in a housing, improvement or building scheme to be an “adjoining area”.

30. Types of housing, improvement or building schemes.— Any housing, improvement or building scheme shall be of one of the following types, or combination of any two or more such types or of any special features thereof, that is to say—

(a) a housing accommodation scheme;

(b) a rebuilding scheme;

(c) a rehousing or rehabilitation scheme;

(d) a city or town or village expansion scheme;

(e) a street scheme;

(f) a deferred street scheme;

(g) a land development scheme; and

(h) a general improvement scheme.

31. Housing accommodation scheme.— (1) Whenever the Board is of the opinion that it is expedient or necessary to meet the needs for housing accommodation in any area, the Board may frame a housing accommodation scheme.

(2) Such scheme shall specify the layout of the area where the houses are to be constructed.

(3) Such scheme may provide for the construction of houses and for the sale, leasing out or sale on hire purchase basis of any house so constructed.

(4) The Board may provide in the area roads, streets, drainage, water-supply, street lighting and other amenities.

32. Rebuilding scheme.— (1) Whenever it appears to the Board that any area is an insanitary area, within the meaning of section 38 and that, having regard to the comparative value of the buildings in such area and of the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is a rebuilding scheme, the Board may frame a rebuilding scheme for the whole area or any part of it in accordance with the provisions of this section.

(2) A rebuilding scheme may provide for—

(a) the reservation of roads, streets, lanes and open spaces and the enlargement of the existing roads, streets, lanes and open spaces to such extent as may be necessary for the purposes of the scheme;

(b) the re-laying out of the sites of the area upon roads, streets, lanes and open spaces so reserved or enlarged;

Manual of Goa Laws (Vol. II) – 540 – Housing Board Act & Rules

(c) the payment of compensation in respect of any such reservation or enlargement, and the formation of roads, streets, lanes and open spaces so reserved or enlarged;

(d) the reconstruction, alteration or demolition of the existing buildings and their appurtenances by the owners, or by the Board in default of the owners, and the erection of buildings in accordance with the scheme by the said owners, or by the Board in default of the owners, upon the sites as defined under the scheme;

(e) the advance to the owners, upon such terms and conditions as to interest, sinking fund and other matters as may be provided for under the scheme, of such sums as may be necessary to assist them to reconstruct or alter existing buildings or to erect new buildings in accordance with the scheme; and

(f) the acquisition by the Board of any site or building comprised in the area included in the scheme.

33. Rehousing or rehabilitation Scheme.— Whenever the Board is of opinion that it is necessary for persons who—

(a) are displaced by the execution of any housing, improvement or building scheme sanctioned under this Act, or

(b) are likely to be displaced by the execution of any housing, improvement or building scheme which it is intended to frame under this Act, or

(c) cannot be accommodated in any scheme area, the Board may frame a rehousing scheme for the construction, maintenance and management of such number of dwelling houses and shops as may be required, or may frame a rehabilitation scheme for providing such number of open plots with roads, streets and open spaces as may be necessary.

34. City, town or village expansion schemes.— (1) Whenever the Board is of opinion that it is expedient to control and provide for the future expansion or development of a city, town or village, the Board may frame an expansion scheme and specify the time limit for the execution of such scheme.

(2) The expansion scheme may be framed in respect of an area which lies wholly within or wholly outside the limits of the city, town or village or in respect of an area which lies partly within and partly outside the city, town or village.

(3) 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.

(4) After any such scheme has come into force, no person shall, without the previous permission of the Board, erect, re-erect, add to or alter any building or wall within the area comprised in the scheme.

(5) If the Board refuses to grant permission to any person to erect, re-erect, add to or alter any building or wall on his land in the area aforesaid and does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable Manual of Goa Laws (Vol. II) – 541 – Housing Board Act & Rules compensation to such person, for any damage sustained by him in consequence of such refusal.

35. Street Scheme.— (1) Whenever the Board is of opinion that for the purposes of—

(a) providing building sites, or

(b) remedying defective ventilation, or

(c) creating new or improving existing means of communication and facilities for traffic, or

(d) affording better facilities for conservancy, It is expedient to lay out new streets or alter existing streets (including bridges, causeways and culverts) in any area, the Board may frame a street scheme for such area.

(2) A street scheme may, within the limits of the area comprised in the scheme, provide for all or any of the following matters, namely:—

(a) the acquisition of any land which, in the opinion of the Board, is necessary for the street scheme;

(b) the re-laying out of all or any of the lands so acquired, including the construction and reconstruction of buildings by the Board or by persons authorised by the Board in that behalf, and the laying out, construction and alteration of streets and thoroughfares;

(c) the draining, water-supply and lighting of streets and thoroughfares so laid out, constructed or altered;

(d) the raising, lowering or reclaiming of any land vested in, or to be acquired, by the Board;

(e) the provision of open spaces for the better ventilation of the area comprised in the scheme; and

(f) the acquisition of any land adjoining any street thoroughfare or open space to be formed under the scheme.

36. Deferred street scheme.— (1) Whenever the Board is of opinion that it is necessary to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignment to be specified by the Board but that it is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignment, the Board may frame a deferred street scheme specifying an alignment on each side of the street and the time limit for the execution of such scheme.

(2) A deferred street scheme shall provide for all or any of the following matters, namely:—

(a) the acquisition of the whole or any part of any property lying within the street alignment within the time limit specified in the Scheme which may be extended by the Board:

Manual of Goa Laws (Vol. II) – 542 – Housing Board Act & Rules

Provided that such time limit including the extensions granted by the Board shall in no case exceed twenty years from the date of sanction of this scheme;

(b) the re-laying out of all or any such property including the construction and reconstruction of building by the Board or by any other person and the formation and alignment of the street;

(c) the draining, water-supply and lighting of the streets so formed or altered.

(3) After a deferred street scheme has been sanctioned by the Board,—

(a) no person shall, except with the written permission of the Board, erect, re- -erect, add to or alter any building or wall so as to make the same project into the specified alignment of the street;

(b) if the Board fails to acquire or to institute proceedings for the acquisition of any property within the specified alignment of any street and within the time limit specified in the scheme or extended by it, the owner of such property may, at any time thereafter, give the Board notice requiring it to acquire the same or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice and thereupon the Board shall acquire, or institute such proceedings and acquire, the property accordingly, and if the Board fails to do so, it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure;

(c) before instituting proceedings to acquire any property lying within a specified alignment of the street other than property regarding which it has received a notice under clause (b), the Board shall give six months’ notice to the owner of its intention to acquire such property.

37. Land development scheme.— (1) 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 lay out of the area to be developed and the purposes for which particular portions thereof are to be utilized.

(3) The Board may provided 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 outright sale or on hire purchase basis, the building sites in the scheme area.

38. General improvement scheme.— Wherever it appears to the Board—

(a) that in any area, any buildings used or likely to be used as dwelling houses are unfit for human habitation, or

(b) that danger to the health of the inhabitants of buildings in any area, or to buildings in the neighbourhood of such area, is likely to be caused by— Manual of Goa Laws (Vol. II) – 543 – Housing Board Act & Rules

(i) the narrowness, closeness, or bad arrangement or condition of streets or buildings or groups of buildings in such area, or

(ii) the want of light, air, ventilation or proper conveniences in such area, or

(iii) any other sanitary defects in such area, the Board may frame a general improvement scheme in respect of such area.

39. Preparation, publication and transmission of notice as to housing, improvement or building schemes.— (1) When any housing, improvement or building scheme has been framed, the Board shall cause the preparation of a notice to that effect and specify—

(a) the boundaries of the area comprised in the scheme, and

(b) the place or places at which particulars of the scheme, a map of the area, and details of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover betterment charges, may be seen at reasonable hours, and shall have the same published in the Official Gazette and also have a copy sent to the local authority concerned.

(2) If within two weeks from the date of publication of the housing, improvement or building scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modify the scheme.

40. Transmission to Board of representation by the concerned local authority as to housing, improvement or building scheme.— The local authority concerned to whom a copy of the notice has been sent under sub-section (1) of section 39 shall, within a period of sixty days from the receipt of the said copy, forward to the Board any representation which the local authority may wish to make regarding the scheme.

41. Abandonment, modification or sanction of a housing, improvement or building scheme.— (1) After considering the suggestions or objections received in pursuance of sections 39 and 40, the Board may either abandon or modify or sanction the scheme, or apply to the Government for sanction with such modifications, if any, as the Board may consider necessary if the cost of the scheme exceeds ten lakhs of rupees.

(2) The Government may sanction with or without modification, or may refuse to sanction, or may return for reconsideration any housing, improvement or building scheme costing over ten lakhs of rupees submitted to it under sub-section (1).

(3) If a scheme returned for reconsideration under sub-section (2) is modified by the Board, it shall be republished in accordance with section 39—

(a) in every case in which the modification affects the boundaries of the area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired; and Manual of Goa Laws (Vol. II) – 544 – Housing Board Act & Rules

(b) in every other case, where the modification is, in the opinion of the Board, of sufficient importance to require republication.

42. Publication of sanction of housing, improvement of building schemes.— (1) Whenever the Board or the Government sanctions a housing, improvement or building scheme, it shall be published by notification.

(2) The publication of the notification in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.

(3) Any person aggrieved by the decision of the Board sanctioning a housing, improvement or building scheme may, within fifteen days from the date of publication of the said scheme, appeal to the Government and the decision of the Government on such appeal shall be final.

(4) The scheme shall come into force and shall have effect,—

(a) where no appeal is preferred under sub-section (3), on and from the expiry of the said Fifteen days referred to in that sub-section; and

(b) where such appeal is preferred, on and from the date of the decision of the Government on such appeal.

43. Board to execute housing, improvement or building scheme soon after sanction.— As soon as may be after a housing, improvement or building scheme other than a deferred street scheme or expansion scheme has come into force, the Board shall proceed to execute the same.

44. Variation of housing, improvement or building schemes.— The Board may at any time vary any housing, improvement or building scheme or any part thereof included in the budget approved by the Government:

Provided that no such variation shall be made if it involves an expenditure in excess of ten per cent of the amount as included in the budget approved by the Government for the execution of any housing, improvement or building scheme or if it affects the scope or purpose of any such scheme.

45. Transfer to Board for purposes of housing, improvement or building scheme of building, or land vested in local authority.— (1) Whenever any building or land or any street or any part thereof, which is situated within the jurisdiction of a local authority and is vested in such local authority, is within the area of any housing, improvement or building scheme, the Board shall give notice accordingly to that local authority and such building, land or street or any part thereof shall thereupon vest in the Board.

(2) Where any land situated within the jurisdiction of a local authority vests in the Board under the provisions of sub-section (1), and the Board makes a declaration that such land will be retained by the Board only until it revests in the local authority as part of a street or any open space under section 47, no compensation shall be payable by the Board to the local authority in respect of that land.

Manual of Goa Laws (Vol. II) – 545 – Housing Board Act & Rules

(3) Where any land or building vests in the Board under the provisions of sub- -section (1) and no declaration is made under sub-section (2) in respect of the land, the Board shall pay to the local authority as compensation, a sum equal to the market value of such land or building as on the date on which the scheme comes into force under section 42, and where any building situated on the land in respect of which a declaration has been made by the Board under sub-section (2) is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board.

(4) If, in any case, where the Board has made a declaration in respect of any land under sub-section (2), 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 compensation to the local authority in respect of such land in accordance with the provisions of sub-section (3).

(5) If any question or dispute arises as to whether compensation is payable under sub-section (3) or sub-section (4) or as to the amount of such compensation or as to whether any building, land or street, or any part thereof, is required for the purposes of the scheme, the matter shall be referred to the Government whose decision thereon shall be final.

46. Power of Board to turn or close public street vested in it.— (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street or any part thereof vested in it.

(2) Whenever the Board discontinues the public use of, or permanently closes, any public street or any part thereof vested in it, it shall as far as practicable provide 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 that the public street or part thereof on account of which the compensation is paid is discontinued for public use 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.

47. Transferring streets laid out or altered and open spaces provided by Board under a housing, improvement or building scheme.— (1) The Board may hand over any road or street to the local authority concerned after giving one month’s notice, when—

(a) any such road or street, laid out or altered by the Board has been duly levelled, metalled, flagged, channelled, sewered and drained in the manner provided in the scheme sanctioned by the Board or the Government under section 41, Manual of Goa Laws (Vol. II) – 546 – Housing Board Act & Rules

(b) lamp posts and other apparatus necessary for the lighting of such streets have been provided by the Board, and

(c) water and other sanitary conveniences have been duly provided in such streets.

(2) The local authority concerned may, after receiving notice from the Board under sub-section (1), declare the street to be a public street, and the street shall thereupon vest in the local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the local authority.

(3) When any open space for the purpose of ventilation or recreation has been provided by the Board in executing any housing, improvement or building scheme, it shall, on completion, be transferred to the local authority concerned by resolution of the Board and it shall thereupon vest in the said local authority and thereafter be maintained by that local authority at its expense:

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 footpath therein, and, if necessary, to provide lamps and other apparatus for lighting it.

(4) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision thereon shall be final.

48. Prevention or restriction of traffic in street vested in Board, during progress of work.— (1) When any work which may lawfully be done is being executed by the Board in any street vested in it, the Board may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description.

(2) When any such direction has been given, the Board shall put up, in a conspicuous position in or near the street, an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as it may think proper for preventing or restricting traffic therein.

49. Provision of facilities when work is executed by Board in public streets vested in it.— (1) When any work is being executed by the Board in any public street vested in it, the Board shall, so far as may reasonably be practicable, make adequate provision for—

(a) the passage or diversion of traffic;

(b) securing access to all premises approached from such street; and

(c) any drainage, water supply, or means of lighting, which is interrupted by reason of the execution of the work.

(2) The Board shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.

Manual of Goa Laws (Vol. II) – 547 – Housing Board Act & Rules

50. Other duties of Board.— (1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease and otherwise use plots, buildings and other properties of the Board or of the Government when required to do so and to collect rents, compensation and damages in respect thereof.

(2) The Board may,—

(a) provide technical advice to the Government and scrutinize projects under housing, improvement or building schemes when required by Government to do so;

(b) undertake research on various problems connected with housing in general and find out in particular the economical methods of constructing houses suited to local conditions;

(c) undertake comprehensive surveys of problems of housing;

(d) do all things necessary for—

(i) unification, simplification and standardisation of building materials;

(ii) encouraging pre-fabrication and mass production of house components;

(iii) organising and running workshops, garages and stores for manufacture, sale, stock-piling and supply of building materials, required for housing, improvement or building schemes;

(iv) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

(3) The Board may at any time, with the consent of the Government and upon such terms and conditions as may be agreed upon, undertake on behalf of any person any work relating to the development of housing or town improvement or town planning or any constructional activity whether as an agent or otherwise.

51. Power of Government to call for the records of Board and to modify housing, improvement or building schemes.— (1) Notwithstanding anything contained in the foregoing provisions of this chapter, the Government may, at any time, in the case of any housing, improvement or building scheme which is proposed to be framed or which has been framed by the Board or which is being executed by it, call for and examine the records of the Board relating to such scheme and if, after making the examination and after considering the representations, if any, of the Board and the local authority concerned, it appears to the Government that such scheme should be modified, annulled or remitted for reconsideration to the Board or that such scheme should be executed with modifications, it may pass orders accordingly.

(2) The Government may stay the execution of any such scheme pending the exercise of its powers under sub-section (1) in respect thereof.

(3) Any housing, improvement or building scheme which has already come into force but has been modified by the Government under sub-section (1) shall have effect as if it had been duly sanctioned by the Board or the Government, as the case may be, under Manual of Goa Laws (Vol. II) – 548 – Housing Board Act & Rules section 41. The scheme as modified shall be published in accordance with the provisions of section 42 and on such publication, the scheme so modified shall come into force and have effect accordingly.

52. Power to exempt.— The Government may, by notification, exempt either generally or subject to such conditions and restrictions as may be specified in such notification and for reasons to be recorded therein, any housing, improvement or building scheme, or class of housing, improvement or building scheme, from all or any of the provisions of this Chapter.

CHAPTER VI Acquisition and disposal of land

53. Power to purchase or lease by agreement.— (1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange of any land which is 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 interference therewith:

Provided that the previous approval of the Government shall be obtained in case of purchase or exchange involving land worth more than rupees twenty-five thousand or lease for more than five years.

(2) The Board may also take necessary steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing, improvement or building scheme in the manner provided in the Land Acquisition Act, 1894, and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act,

1894.

54. Betterment charges.— (1) When by the making of a housing, improvement or building scheme any land in the area comprised in the scheme will in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.

(2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior 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.

(4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for agricultural purposes at the time of the execution of the schemes, the betterment charges shall be leviable by the Board in accordance with such procedure as Manual of Goa Laws (Vol. II) – 549 – Housing Board Act & Rules may be prescribed, only after such land is used, or converted for use, for non-agricultural purposes.

55. Notice to persons liable for betterment charges.— (1) The Board shall give notice in the prescribed form to any person who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.

(2) After hearing such person or if such person fails to appear before the expiry of the period within which such person is required to appear before the Board without hearing such person, 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 concerned within the period prescribed, the assessment shall be final.

(4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Government.

(5) The Government shall, after hearing the person concerned and after holding an inquiry, if any, as may be necessary, assess the amount of the betterment charges payable by the person.

56. Agreement for payment of betterment charges.— (l) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at such rate not exceeding five per cent per annum as may be prescribed.

(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in, any other enactment and notwithstanding the execution of any mortgage or charge created whether before or after the commencement of this Act, be the first charge upon the interest of such person in such land.

57. Recovery of betterment charges.— All sums payable in respect of any land by any person in respect of betterment charges under section 54 or by any person under an agreement under section 56 shall, together with interest, due from the date of notification, be recoverable on behalf of the Board as an arrear of land revenue.

58. Power to dispose of land.— Subject to such rules as may be made by the Government under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of any land, building or other property vesting in it and situated in the area comprised in any housing, improvement or building scheme sanctioned under this Act.

59. Disputes regarding reconstitution of plots.— (1) (a) Whereby the making of a housing, improvement or building scheme, any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, the Board shall, after making such inquiry as it thinks fit, award to the person affected by such reconstitution or dispossession such compensation as it deems reasonable.

Manual of Goa Laws (Vol. II) – 550 – Housing Board Act & Rules

(b) If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly within one month.

(c) The Board shall within thirty days thereof refer the matter to the Government.

(2) The Government shall then after making an inquiry, if necessary, determine the amount of compensation and direct the Board to pay the same to the person entitled.

CHAPTER - VII Power to evict persons from Board premises

60. Appointment of competent authorities.— The Government may, by notification, appoint an officer who holds or has held an office, which in its opinion is not lower in rank than that of Deputy Collector or an Executive Engineer, to be the competent authority for performing the functions of the competent authority under this Chapter in such area, or in respect of such premises or class of premises, as may be specified in the notification, and more than one officer may be appointed as competent authority in the same area in respect of different premises or different classes of premises.

61. Power to evict certain persons from Board premises.— (1) If the competent authority is satisfied—

(a) that the person authorised to occupy any Board premises has—

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or

(ii) sub-let, without the permission of the Board, the whole or any part of such premises, or

(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or

(b) that any person is in unauthorised occupation of any Board premises.

the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served—

(i) by post, or

(ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or

(iii) in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, to vacate them within one month from the date of the service of the notice:

Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made.

Manual of Goa Laws (Vol. II) – 551 – Housing Board Act & Rules

(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.

(3) If any property belonging to the evicted occupant is found deposited in the premises at the time of taking possession of the premises under sub-section (2), the competent authority shall take possession of such property, and after giving reasonable time to the owner to recover it, dispose it of by public auction and the Board shall not be liable to pay any compensation for the alleged loss on the property left behind by the evicted person. The net proceeds realised from disposal of the property belonging to the evicted occupant shall be returned to him.

(4) If a person, who has been ordered to vacate any premises under sub -clause (i) or sub-clause (iii) of clause (a) of sub-section (1) within thirty days of the date of service of the notice or such longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

Explanation.— For the purposes of this section and section 62, the expression “unauthorised occupation”, in relation to any person unauthorised to occupy any Board premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.

62. Power to recover rent or damages as arrears of land revenue.— (1) Subject to such rules as may be prescribed and without prejudice to the provision of section 61, where any person is in arrears of rent payable in respect of any Board premises, the competent authority may, by notice served—

(i) by post, or

(ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or

(iii) in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice and if such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue.

(2) Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may be notice served—

(i) by post, Manual of Goa Laws (Vol. II) – 552 – Housing Board Act & Rules

(ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or

(iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice and if any person refuses or fails to pay the damages, within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.

(3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within such period as may be specified in such notice, why such order should not be made, and until his objections if any, and any evidence he may produce in support of the same, have been considered by the competent authority.

63. Rent to be recovered by deductions from salary or wages in certain cases.—

(1) Without prejudice to the provisions of section 61, any person who is an employee of a Government or a local authority and who has been allotted any Board premises may execute an agreement in favour of the Government or the local authority providing that the Government or the local authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him.

(2) On the execution of such agreement, the Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.

64. Appeal.— (1) Any person aggrieved by an order of the competent authority under section 61 or section 62 may, within one month of the date of the service of the notice under section 61 or section 62, as the case may be, prefer an appeal to the Government:

Provided that the Government may entertain the appeal after the expiry of the said period of one month, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1) the Government may, after calling for a report from the competent authority, and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit, and the order of the Government thereon shall be final.

(3) Where an appeal is preferred under sub-section (1), the Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

Manual of Goa Laws (Vol. II) – 553 – Housing Board Act & Rules

CHAPTER VIII Finance, Accounts and Audit

65. Board’s Fund.— (1) The Board shall have its own fund.

(2) The Board may accept grants, subventions, donations and gifts from the Government or a local authority, or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.

(3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents and all interests, and profits for works done to private and public agencies and other moneys accruing to the Board shall constitute the fund of the Board.

(4) Except as otherwise directed by the Government, all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or any scheduled Bank or invested in such other form as may be approved by the Government:

Provided that the Board may invest any sums not required for immediate use in such securities or debentures as may be approved by the Government.

(5) Notwithstanding anything contained in sub-section (4), the Board may deposit in the Reserve Bank of India or in any scheduled Bank any amount not exceeding such sum as may be prescribed for the operation of an account with such bank and such account shall be operated upon by such officers of the Board as may be authorised by the Board and in such manner as may be prescribed.

Explanation:— For the purposes of this sub-section, the “Reserve Bank of India” shall mean the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934) and a scheduled Bank shall mean a bank included in the second schedule to the said Act.

66. Subventions and loans to Board.— The Government may make subventions or advance loans to the Board for the purposes of this Act on such terms and conditions as the Government may determine.

67. Power of Board to borrow and lend.— (1) The Board may, with the previous sanction of the Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.

(2) Whenever the borrowing of any sum of money has been approved by the Government, the Board may, instead of borrowing such sum or any part thereof from the public, take credit from any bank or any corporation owned or controlled by the Central Government or a State Government on a cash account to be kept in the name of the Board of the extent of such sum or part thereof, and may, with the previous sanction of the Government, grant mortgages of all or any of the properties vested in the Board by way of security for such credit.

Manual of Goa Laws (Vol. II) – 554 – Housing Board Act & Rules

(3) Subject to such conditions and limitations as may be prescribed and with the previous approval of the Government, the Board may, for the promotion and execution of any housing, improvement or building scheme under this Act, enter into financial arrangements with any banks or other financial institutions approved by the Government or with the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956).

(4) Subject to the provisions of this Act and to such conditions and limitations as may be prescribed, the Board may out of its funds grant loans and advances on such terms and conditions as it may determine to any co-operative society for the construction or improvement of houses.

68. Guarantee by Government of loans.— The Government may guarantee in such manner as it thinks fit, the payment of the principal and interest of any loan proposed to be raised by the Board on debenture or of either the principal or the interest:

Provided that the Government shall, so long as any such guarantees are in force, lay before the Legislative Assembly of Goa, Daman and Diu in every year during the budget session, a statement of the guarantees, if any, given during the current year and an up-todate account of the total sums, if any, which have been paid out of the Consolidated Fund of the Territory by reason of any such guarantees or paid into the said Fund towards repayment of money so paid out.

69. Repayment of loans taken under section 67.— Every loan taken by the Board shall be repaid by the Board within the period agreed upon by the Board and subject to the provisions of sub-section (2) of section 84 by such of the following methods as may be approved by the Government, namely—

(a) from a sinking fund established under section 70 in respect of the loan; or

(b) by paying equal yearly or half-yearly instalments of principal or principal and interest, throughout the said period; or

(c) if the Board has, before borrowing money on debentures, reserved, by public notice, a power to pay off the loan by periodical instalments and to select by lot the particular debenture to be discharged at particular periods, then, by paying such instalments at such periods; or

(d) from money borrowed for the purpose; or

(e) partly from the sinking fund established under section 70 in respect of the loan and partly from money borrowed for the purpose.

70. Establishment and maintenance of sinking fund.— (1) Whenever a loan has to be repaid from sinking fund, the Board shall establish such a fund and shall pay into it every year until the loan is repaid, a sum so calculated that if regularly paid, throughout the period agreed upon by the Board, it would, with accummulations by way of Manual of Goa Laws (Vol. II) – 555 – Housing Board Act & Rules compound interest, be sufficient after payment of all expenses, to pay off the loan at the end of that period.

(2) The rate of interest on the basis of which the sum referred to in sub-section (1) shall be calculated shall be such as may be prescribed:

Provided that the rate so prescribed shall not exceed five per cent per annum.

71. Power to discontinue payments into sinking fund.— Notwithstanding anything contained in section 70, if at any time the sum standing at credit of the sinking fund established for repayment of any loan is of such amount that if allowed to accummulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to repay the loan at the end of the period agreed upon by the Board, then, the Board may discontinue further annual payment into such fund.

72. Investment of sinking fund.— All moneys paid into a sinking fund shall, as soon as possible, be invested by the Board—

(a) in Government securities; or

(b) in securities guaranteed by the Central Government or a State Government.

73. Annual examination of sinking fund.— (1) The Government shall cause the said sinking fund to be examined every year and ascertain whether the cash and current value of the securities at credit of such fund are actually equal to the amount which would have accummulated, had investments been regularly made and had the rate or interest as originally estimated been obtained therefrom.

(2) The Board shall forthwith pay into the sinking fund any amount which Government may certify to be the deficiency therein after examination as aforesaid, unless the Government specially sanctions a gradual readjustment.

74. Estimates of income and expenditure to be laid annually before Board.— (1) The Chairman shall, at a special meeting to be held in the month of February in each year, lay before the Board an estimate of the income and expenditure of the Board for the next ensuing year.

(2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Board, and for the efficient administration of this Act.

(3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared in such form, and shall contain such details, as may be prescribed.

(4) Every such estimate shall be completed and printed and a copy thereof sent, by post or otherwise, to each member at least ten clear days before the date of the meeting at which the estimate is to be laid before the Board.

75. Sanction of Board to estimates.— The Board shall consider every estimate so laid before it and shall sanction the same either without modification or with such modification as it may think fit.

Manual of Goa Laws (Vol. II) – 556 – Housing Board Act & Rules

76. Approval of Government to estimates.— (1) Every such estimate, as sanctioned by the Board, shall be submitted to the Government who may, at any time within one month after receipt of the same,—

(a) approve the estimate; or

(b) disallow the estimate or any portion thereof and return the estimate to the Board for amendment.

(2) If any estimate is so returned to the Board, it shall forthwith proceed to amend it and shall resubmit the estimate as amended to the Government who may then approve it.

77. Supplementary estimate.— (1) The Board may, at any time, during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before it at a special meeting.

(2) The provisions of sub-section (3) and (4) of section 74, and of sections 75 and 76 shall apply to every supplementary estimate.

78. Adherence to estimate and maintenance of closing balance.— (1) No sum shall be expended by or on behalf of the Board unless the expenditure of the same is covered by a current budget grant or can be met by reappropriation or by drawing on the closing balance.

(2) The closing balance shall not be reduced below such limit as may be prescribed.

(3) The following items shall be exempted from the provisions of sub-section (1) and

(2), namely:—

(a) refund of moneys belonging to contractors or other persons held in deposit, and of moneys collected by, or credited to, the Board by mistake;

(b) payments due under a decree or order of a Court;

(c) sums payable under a compromise of any suit or other legal proceedings or claim effected under this Act;

(d) sums payable under this Act by way of compensations; and

(e) payments required to meet any emergency.

(4) Whenever any sum exceeding rupees ten thousand is expended under clause (c) of sub-section (3), the Chairman shall forthwith report the circumstances to the Board explaining how it is proposed to cover the expenditure.

79. Definition of cost of management.— For the purposes of this chapter, “cost of management” means—

(a) the allowances and remuneration of the Chairman and the members of the Board;

(b) the salaries, fees and allowances and contributions paid in respect of officers and other employees of the Board, except employees who are paid by the day or whose pay is charged to temporary work; and Manual of Goa Laws (Vol. II) – 557 – Housing Board Act & Rules

(c) all office expenses incurred by the Board.

Explanation:— For the purposes of clause (c), the expression “office expenses” means expenses incurred for carrying on office work, and includes the rent of office buildings, the provision of furniture therefor, charges for printing and stationery, postage, electricity, telephones and telegrams, conservancy charges, catering charges incurred in connection with meetings and conferences held by or on behalf of the Board and contributions towards welfare and recreation of the staff of the Board.

80. Capital account and revenue account.— (1) The Board shall keep a capital account and a revenue account.

(2) The capital account shall show separately all expenditure incurred by the Board on each housing, improvement or building scheme.

81. Credits to capital account.— There shall be credited to the capital account—

(a) all sums (except interest) received by way of betterment fees under this Act;

(b) all moneys received on account of loans taken by the Board in pursuance of this Act;

(c) all moneys received as grants by the Board for purposes of this Act from the Government;

(d) all moneys received by the Board on account of repayment of loans and advances granted under sections 32 and 67;

(e) the proceeds of the sale of any land belonging to the Board which was purchased out of any loans or grants;

(f) where any land was purchased out of advance from the revenue account the portion of the proceeds of the sale of such land which remains after crediting to the revenue account the amount of such advance;

(g) the proceeds of the sale of any movable property (including securities for money invested from the capital account) belonging to the Board;

(h) all lumpsums received from any Government in aid of the capital account;

(i) all moneys received by the Board in connection with leases;

(j) all sums, if any, which the Government directs under sub-section (2) of section 84 to be credited to the capital account; and

(k) all moneys realised from the sale of securities by direction of the Government under section 85.

82. Application of capital account.— The moneys credited to the capital account shall be held by the Board in trust and shall be applied to— Manual of Goa Laws (Vol. II) – 558 – Housing Board Act & Rules

(a) meeting all costs of framing and executing housing, improvement or building schemes;

(b) meeting the cost of acquiring lands for carrying out any of the purposes of this Act;

(c) meeting the cost of constructing buildings required for carrying out any of the purposes of this Act;

(d) the repayment of loans from money borrowed in pursuance of this Act;

(e) granting of loans and advances under sections 32 and 67;

(f) making payments in pursuance of section 118 otherwise than for interests or for expenses of maintenance or working;

(g) making or contributing towards the cost of surveys in pursuance of section 116;

(h) meeting such proportion of the cost of management as may be directed by the Board; and

(i) temporarily making good the deficit, if any, in the revenue account at the end of any year.

83. Credits to revenue account.— There shall be credited to the revenue account—

(a) all interest received in pursuance of section 56 or section 57;

(b) all annually recurring sums received from the Government in aid of the funds of the Board;

(c) all compensation received by the Board under section 102;

(d) all rents of land vested in the Board;

(e) all rents of buildings vested in the Board;

(f) all interest of loans and advances granted by the Board under sections 32 and 67;

and

(g) all other receipts by the Board which are not required by section 81 to be credited to the capital account.

84. Application of revenue account.— (1) The moneys credited to the revenue account shall be held by the Board in trust, and shall be applied to—

(a) payment of all charges or payments towards interest or sinking fund due on account of any loan taken in pursuance of this Act, and all other charges incurred in connection with such loans;

(b) payment of all sums due from the Board in respect of rates and taxes imposed by the local authority concerned, upon the land vested in the Board;

Manual of Goa Laws (Vol. II) – 559 – Housing Board Act & Rules

(c) payment of cost, if any, of maintaining a separate establishment for the collection of rents and other proceeds of land vested in the Board;

(d)payment of all sums which the Government may direct to be paid to any auditor under section 91;

(e) payment of the cost of the management excluding such proportion thereof as may be debited to the capital account under clause (h) of section 82;

(f) payment of all other sums due from the Board, other than those which are required by section 82, to be disbursed from the capital account.

(2) The surplus, if any, remaining after making the payments referred to in sub- -section (1) shall, subject to the maintenance of a closing balance as required by sub- -section (2) of section 78, be invested in the manner laid down in section 72 towards the service of any loans outstanding after the expiry of thirty years from the commencement of this Act, unless the Government otherwise directs.

85. Power to direct sale of securities in which any surplus of the revenue accounts is invested.— If at any time after any surplus referred to in sub-section (2) of section 84 has been invested, the Board is satisfied that the investment is not needed for the service of any loan referred to in that sub-section, it may, with the approval of the Government, sell the securities held under the investment.

86. Advance from revenue account to capital account.— (1) Notwithstanding anything contained in section 84, the Board may advance any sum standing at the credit of the revenue account to the capital account for the purpose of meeting capital expenditure.

(2) Every such advance shall be refunded to the revenue account as soon as may be practicable.

87. Advance from capital account to revenue account.— (1) Any deficit in the revenue account at the end of any year may be made good by an advance from the capital account after obtaining the approval of the Government.

(2) Every such advance shall be refunded to the capital account in the following year.

88. Submission of abstracts of accounts to Government.— At the end of every year, the Board shall submit to the Government an abstracts of the accounts of its receipt and expenditure for such year, in such form and in such manner as may be prescribed.

89. Audit of accounts.— The accounts of the Board shall be examined and audited once every year by such auditor as the Government may appoint in this behalf.

90. Powers of auditor.— The auditor may— Manual of Goa Laws (Vol. II) – 560 – Housing Board Act & Rules

(a) by summons in writing require production of any document, the perusal or examination of which he believes necessary for the elucidation of the accounts;

(b) by summons in writing require any person who has the custody or control of any such document or who is accountable therefor to appear in person before him; and

(c) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.

91. Remuneration of auditor.— The Board shall pay to the auditor such remuneration as the Government may direct.

92. Reports and information to be furnished by auditor to Board.— (1) The auditor shall—

(a) report to the Board and to the Government any material impropriety or irregularity which he may observe in the expenditure, or in the recovery of moneys due to the Board, or in the accounts;

(b) furnish to the Board such information as it may require concerning the progress of his audit;

(c) report to the Chairman any loss or waste of money or either property owned by or vested in the Board caused by neglect or misconduct, with the names of persons directly or indirectly responsible for such loss or waste; and

(d) submit to the Chairman a final statement of audited accounts, together with a report on the result of the audit and duplicate copies thereof to the Government, within a period of three months from the end of the year or within such further period as the Government may allow in the behalf.

(2) (a) The auditor may disallow every item contrary to law and surcharge the same on the person making or authorizing the making of the illegal payment; and may charge against any person responsible therefor the amount of any deficiency or loss incurred by the negligence or misconduct of that person or of any sum which ought to have been, but is not, brought into account by that person and shall, in every such case, certify the amount due from such person.

(b) The auditor shall state in writing the reason for his decision in respect of every disallowance, surcharge or charge and furnish a copy thereof by registered post to the person against whom it is made.

(c) If the person to whom a copy of the decision is so furnished refuses to receive it, he shall be deemed to have been duly furnished with the copy, within the meaning of clause (b); and the period of fourteen days fixed in sub-section (4) and (5) shall be calculated from the date of such refusal.

(3) For the removal of doubts it is hereby declared that it shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency Manual of Goa Laws (Vol. II) – 561 – Housing Board Act & Rules or loss to contend that, notwithstanding his negligence or misconduct, the deficiency or loss would not have occurred but for the negligence or misconduct of some other person.

(4) Any person aggrieved by a disallowance, surcharge or charge made under sub- -section (2) may, within fourteen days after he has been furnished with a copy of the decision of the auditor, appeal to the Government who shall pass such orders as it thinks fit.

(5) Every sum certified to be due from any person by the auditor under this Act shall be paid by such person to the Board within fourteen days after he has been furnished with a copy of the decision of the auditor unless within that time such person has appealed to the Government against the decision under sub-section (4); and such sum if not paid, or such sum as the Government shall declare due, shall be recoverable on an application made by the Board to the Government as if it were an arrear of land revenue.

(6) Notwithstanding anything contained in this section, the Government may at any time direct that the recovery of the whole or any part of the amount certified to be due from any person by the auditor under this Act shall be waived it in its opinion, such a course is necessary considering all the circumstances of the case.

93. Auditor’s report to be sent to each member and considered by Board.— The Chairman shall cause the report of the auditor to be printed and shall forward a printed copy thereof to each member and shall bring such report before the Board for consideration at the first meeting to be held immediately thereafter.

94. Board to remedy defects pointed out by auditor.— It shall be the duty of the Board to remedy forthwith any defects or irregularities that may be pointed out by the auditor and to submit a report thereon to the Government.

95. Statements of accounts and audit report to be forwarded to Government.—

(1) The statement of accounts of the Board as certified by the auditor together with the audit report thereon shall be forwarded annually to the Government and the Government may issue such instructions to the Board in respect thereof as it deems fit and the Board shall comply with such instructions.

(2) The Government shall—

(a) cause the statement of accounts of the Board together with the audit report thereon to be laid annually before the Legislative Assembly of Goa, Daman and Diu;

and

(b) cause the statement of accounts of the Board and the audit report to be published in the prescribed manner and make available copies thereof on sale at a reasonable price.

96. Valuation of assets and liabilities of Board.— The Board shall have valuation of its assets and liabilities every five years made by a valuer appointed with the approval of the Government:

Manual of Goa Laws (Vol. II) – 562 – Housing Board Act & Rules

Provided that it shall be open to the Government to direct a valuation to be made at any time it may consider necessary.

CHAPTER IX Penalties and procedure

97. Penalty for removing bar, chain or post.— If any person, without lawful authority, infringes any order given, or removes any bar, chain or post fixed, under subsection (2) of section 48, he shall be punishable with fine which may extend to fifty rupees.

98. Penalty for building within street alignment or building line without permission.— If any person, without the permission of the Board, erects, re-erects, adds to or alters any wall or building so as to make the same project into the street alignment or beyond the building line specified in any deferred street scheme, development scheme or town expansion scheme, he shall be punishable—

(a) with fine which may extend, in the case of a wall or masonry building, to five hundred rupees and, in any other case, to fifty rupees; and

(b) with further fine which may extend, in the case of a wall or masonry building, to one hundred rupees and, in any other case, to ten rupees for each day after the first during which the projection continues.

99. Penalty for failu