The Chairman may in cases of emergency, djit the execution of any work or the doing of' any act which requires the sanction of the Board and the iimnediatc execution or doing of which is, in his opinion necessary for the service or sality of the public nd may also direct that the expenses of executing the work or u! doing the act shall 'be: paid from- the funds of' the Board -- Provided t'haL'---.
(a)- he shall- not act under this sectionn, in contravention or any direction oI'the Board or the' Government prohibithg the CXCCtLtOfl of any particular work or the doing of any particular act 3741580/2019/OS-HOUSING 167 14
(b) lie shall report the action takeis by him under this section and the reasons therefhr to the Board at its next meeting and shall also sul)Imt a copy of his report to the Government and the Board or the Government: may issue suck directions as it or they may deem fit on such report.
Power to ma/ce and perform co'ntracts.-.--(l) The Board may enter Into and porforill alt such. contracts as it may consider necessary or oxpedicut for ci Iryi 1mg out the purposci of this Adt. •. S dgree'ncuts and security deposits. (1) Every . contract shall be made on l)ellalf of the Board by the Secretary or any other officer of the Board authorised by t lie Board.
['he secretary or the officer authoriscfl under sm.tb-scctiou (1) shall take sulliciemit security deposit for the (fue performance of the contract.
Wro ten agrccmen,ts .shaU be executed for every contract, trtc value of which excc.ccis five hundred rupees.
Every contract made by the Secretary or the offiocr authoriscd wirier 5111)-section (I) the value of which exceeds ten thousand. rupees, shall be reported to the Board at its next mctiflg.
:34 lu ri/ic, provisions as to execuimo,z of, contracts and agreements.— (1)1.
Subject to the provisions of' Sections 32 and 33 contracts oiz agienettts - shall be muiacic on executed in accordance with such nles 'y: be prcscrtbcd,
(2) A contract oragrccnicmil mttde or e.xcutcd in corttavèutlon of •.
the provisions of this Act or the Rules or . regulations mztde thçb. .under., 1 shall not he binding on the Báard.
35. Signing oJ instruments and the . rgi.rtration qf such ins(rurn'hts.'----0) 'I'lic Secretary or any officer of the Boar4 atzthoriscd it ivriting b the. Board in this behalf may sign on bchalf of the Botrd any, agrcmpent I.
or other i nsf rwnent to be executed on behi[f of the .I3oa,-th S Nolwit hs[anding anything contained in the [udian Reghü'atiot Act, 1908 (Central' Act 16 of 1.908) it shall not bencccssar the Secretary or an ofhcer of the Board referred to in sub-section (I) to appeal' in PC50' 1 or by agent at any registration office in any proreebug ,coiusecte.ct, with the registration of any instrument exeeu(cd by him in hii Oflici4l - ' capacity or to sign as provided in Section 58 of that Aci, .
Where any ihstrument is so c>tecutcd, the rcgisVring oicer. to. :
whom such instrument is Ptc:e1tccl for registration may, if he. thinks fit, refer to the Secretary Or an officer of. t he Board referred to in sub-tcetion
(1) for iiilori'nat.ion respecting the StOne and shall, on being muatisficd of the cxeCutioU thereof register the. instrument, S S 3741580/2019/OS-HOUSING 168 15 Giv's vu MOUSING Q :1M?0VEM'1 SUMEs 36 Potçr of tIi Boay4 ( undertake housing or iniroveme,it bchemes and w incir x&nd;iz4rI (I) Subjcct to th ovisions of tius Act, the Bo rid in'> 11 on tune to tlrrke, lcur expendituzie and undertaki woi ks lot liii pi-cparation and C cutton of such housing or tmptov tuent schemes as it iii ty cortsidei necessary. ..:.
.Thc QQVCVIIIuCOt. nlay pn such terms and conch lions a1 they may 'tl1ink fit to impose, traisfer to the Board tite execution of arty • thoujng or iirtproyezuet scheme not 'provided for by' this Act, and the - Boatd ha1l thereupon uudet''oke the execution of such schemes as if it had been provided for by this Act.
The Board niy, on jUch teiis and conditions as ma y he agreed upon, take over fbr execution any 'lOusing Or improvement scheme undertaken by a local authority and the Board shall execute such SuIjcj ljc as ifit had been provided for by this Act.
37, iawer of Government to transfer any land belonging to or vested in them or acquirtd uneler.e/me Kern 1c'Lad Acqui,c'itjon Act, to the Board. ---Wliemieyer the Government conskki' it expedient or necessary, for the purpose of Clearance, or improvement of aiy 4um area, to transfer any land in such area belonging to or vested in them or acquired under the provisiolts Of the Kerala Land Aquisitiori Act, 1061 (Act 21 of 1962), fiji the l)U1Poscs of slwne1,ance they 'may do so on such terms and conditions as they may thinkfit to •ir1pose ;' and direct the Board to undertake tiit; clearance or ilnprovejneiit of that area and to frame and execute such housing or improvemen t sche -ne under this Act as the Government may, specify?, and he Board shall thereupon undertake the same f'or execution' as ifit had been prOvided for by this Act.
IJous&ig r. iniproveiint scheme when to be framed by the board—A housjng, or improvement sIiene may be framed by the Board on its own •zflotjon or at th instance of.. the 'Government ui i local authority.
• 39. Boardmay''igree or ref irse iv frame and execute a /wusmn or improvement sc/ic,ne.—Th .oard may agree to frame and execute a housing or inprpvement scheme at the instance of a local authority if the Board is satisfied that uch 'scheme is necessary and the funds at its disposal permit • the firaxiii,4 and thç c?decutiQn of such scheme, or may refine to frame and ececute sac,h scheme if it is satisfied that it is either unnecessary or not • ;feasiblc qz'. ttat it i otherwise unexcutble, -
(2) 4ny local authority' deeniing itself agg'4eved by the refusal 'of the Bodrd' under'.qbseetjon (1) may,. within two months from the date of receipt of.the order fsuch refual, appeal to the Government who may 'pass such 1 ordcrs thereon as they think fit ,'and it shall he the.' duty of the Board 'to give effect to such ordcr3, accordingly.
3741580/2019/OS-HOUSING 169 16 'It). Mel frr.c o be provided by housing vi impi ovemeiii.sc/ie,nes..--.NotWithstanding anything contained in any other law for the time being in f(?rcc, a housing or improvement schemes may provide for all or any of the following matters, namely :
the acquisition by l5urchase, exchange, or otherwise, ' - property nccesary for or affected by the execution of Ihq. scheme ; .
• the laying or re-laying out of any, land comprised . ii the scheme ;
the distribution or re-distribution of sites bcloniitg to "oWners' " of the P1'peity comprised in the schçme
(ci) the closure or demolition of dwellings or portions of. .clw0ii98 unfit For human habitation
(c) the deuiolitioii of obstructive buildings or portion oi,btildiiigs ;
(I') the construction and re-construction of buildings ;
(g) the sale, lease or exchange of any' property colnprisedlh the 1
(ii) the construction and alteration of roads, streets, back1ipics,' bridgcs. culvert s 2111(1 causeways ' 4
(i) the dI'41 milk , water supply and lighting of the streets includcd in the scheme the provision of open parks, playing ficlçls and open space. for the benefit of any area comprisod in the scheme or ahy adjoining asea, .arrd :1 the enlargement of existing Parks, playing 'fields, open 'spaccS. and approaches the pi'o'isioii oSaiiitnry arrangements rctluirC 'for the area 'cornprised in the scheme, including the conscevaciomi of and proveiltioli' OF miry or cofliaminatien to rivers or other sources and Indans of water supply ;
Oic provision of accoinmnodatioji for any class of iti1'iabitiits 1..
(mu) the advance of money for the purposes of the sclicfle ' . s '. the 1provision ol' facilities for communication and transIt '... . 4.'.
the collection. ol such inIbrmatmon and: statistics as sti' i.i necessary for the p irposes of this Act the reclamation or reservation of lands for rnarkets, garscns ,.
playing Fields and afl'orest'at ion Oic pi ovision of schools, parks, swmlucmmg pools, rest 1urants I, shops, markets, fuel depo)s, laundries, hair drcssimig 'aloc'ns amenities ill the scheme and
(i) ally othet initter for which in th opssriin OFhe(GDtC1 it is expeclmciit to in skr 1)10vnmo1 with. a vww to piov.icle hense '.aOOni 1, j modation aid to the iml)rOvCflicllt of aiiy arci ceinl1rised lin,.;th&.me.
or of any adjoining area or the general efficieny'of tJc.chc.'
3741580/2019/OS-HOUSING 170 .17 ExPlanation-_For the purposes of this section, the Government may, by notification iii the Gazette specify such arca Surrounding or adjoirnrig the area included in a housing or improvemcrjcchcinc to be the adjoining Type.r of IwtIsing or imrovnze,,( scIieins.(J) Any housing or inip),overrie) I it. scheme shall be of btic of the lolh)wing types, or Conibination of my two or more such tosay types. 01. of any special fcaturcs thereof that is
(a) a -house accommodation sclIcmc
(1) for the poor scctions of the people having i an income not cx- .ceecling Rs .2,000 per annum especially for scheduled castes and schcluled tiibes,
(ii) for others.
a rcbujJdjn. scheme a rehousing or rehabilitation scheme a city or town or 'illagc Cpansion schcme a streot chcme a deferred street scheme a land development: scheme a gprieral improve merit scheme an oco accothiodatjon scheme an icclucational i:istitution accom: nocjatj o n schemes a health iastituijóiiaccoiniflocla( ion scheme ; and (I) a tourjs accommodtjon scheme,
(2) Notwi'hstanding anything contained in sub-section (1), the Board 1iy UO tfloIU or at tho i!jSttOCC of the Govcrjllndjnt iriine a scheme or schenios o tlo grant of loari atvaiices to priv.tte individuals, local bodies )r otjier organitions for housing purposes subject to such term Ii s and con-ios as may be laid dowri in thc chcine or schemes .4 yidcd that thc terms and conditions of the schemes framed at the of the government shall be subject to their approval vicicd further that the provisions in .sction 50 to 57 shall not the Schms .tratned tinder this sub-scctjn, House Accoinniodajo, z Sc/zcme.__(I) Whcncver the Board is of that'it.i oxPc(Iicnt Or necessary to meet, the need I'or house acconi- . ariy area, the Bdard may frarric a house accommodatio n Such Scheme shall specify the lay out of the area 'where the re to be constructed, Such scheme 1nay'prodde for the donstructioti of housçs and for the iñg Ô'tit or sale on hirpu-chse bssis ol any house so constructed.
61/B.
I 4 3741580/2019/OS-HOUSING 171 - 18
(4) 'h lfoat'd tnay provide, in the area rQads . reets up.ply; street lighting and other amenities.
•1 43 Jc/.iui/diii.g Sc/,ein.--(l ) Whetuwer it appears to the Baid 04Ms'yl area is an, itisanitary ,srea within the meaning of sctiQn 49 and tbt hang .
regard to the corpaative value or the bui1c1iug 'itt 'such ave sites on which they arc 'erected, the most sa'tifactoxy ..
with the area or any purt thereof is a Tel)uilctirtg chn'iVb !I3a rj .ny flame a rebuilding scheme 1'r the whole area or ny part of it 4xceor fancc with the J)rovisions of this section.
(2) A rebuilding scliciue may P'o'k ftu'-' the i'csevl1ion of roads, streets, lanes and open spaces ad tho enliu'gciiieiit of the existing roads, streets, l4rtes and open pnees 'to :suh extent as may be tlecenary IN Qc puMosm of the shen .; •,• .
the ic-laying on of' the sites of 'the.'itz'et upon itreet';
lanes and open s})aces so i'rservcr4 or enlarged the payment of COJn1)eflSatiOLl in i'Cj)ect o.fy stt)h atiO.rt or enlargement and he Iormauon of' roads, strt, hwes and, opn, paqe o reserved 01' cii Lti'gd ' the i e & onsti uction altciatmon 01 d,ensobto t1 thst. elstmng butldiitgs and then appurtanams by the owxmtns or by Boad in 4 lult of (la ownLi s and the ci odiIQn of j)uildtflgs in h ot,d,nco with tlit. slrn by the said owners, or by the Bqavd in dQfà.ult of' 'the Owns , uptxm 'tiw. .
sites as defined uticler the schcn ; . . , ........
(c) tli& tdvaflLr to the OWflLI ' upoO SUCh tet rtu maci waynu,httOns as 10 iitlCl'CSL, sit&kiitg lund, and othr matters as miiy be pro•vid'd ir .tha. •.
sclieiuie, of ucli sums as nsity be nec ssaI'y to utssmSt 'them . to' 'r1Q5tvi,ICt . ' S or ahtm exist mi buildings or tO .eL'&ICI new bui!diitgs 'iii o&ilditnc, .wih I I te SCIICI1Ie and (I ) he mequisiliOlt by the Bost'd oh' uti' situ ot' buiktin c&mipriscd in Lime i&I',Ia included UI iic scheme,
44. J 1 ,çj n re-h abut-la/ion se/wruc',.....W hcnyei' the Board 'is Of upitti011 tInt t it is necessary for pei'Sons who--' arc displaced by time executiOn 01 any housing or ittsprovemetn scheme simctionccl under this Act, or . S are likely to he rtispJwcd by the - CXJCI,ttiOtl - 01 any -housing ot' iIupt'ovcimt;n& schi'ciiie which it is int':rtded IC) lt'ttifle- 'tt,itcjei' is -Act, 'or ate surphs in any schem tie area, die l30a1-d tiny l'raiit' a rclsousitu seltoin' hot' the cousti'uetiqts, t11tCAt .
aisec and muariztgeiric:flt ol sue's nutrtbq' Oh dweILixt houses and 414pps '4s Lila>' be t'cquited, or may fl'aiite a i'yhabihicadoim solleme lr )rQV1d,1flg' tth tiumber or Open plots With toads, streets, and open •spa as ay b ttCCcSSitl'Y. . ,:
3741580/2019/OS-HOUSING 172 19
45. Cüy is of opinion expansions or an expansion schernô.,
(2) The' cx tnsi,oi, scheme may be framed in respect of an area winch lies wbolty within or wholly outside the.' hirnit of the •city, town 01' villae, OH iji. respect of an area which lies partly. Wit'hiii and partly outside tho city, town or village.
() Such. scheme shall spccil' the proposed lay out of lhc area to be dcve1opd. a.Txd, tho purposes for which' particular portions thereof a - re to be ' utihised.
Afer any such schcinc has conic into •(rco, no person shall, without the prcviotis permission of the Board, creel, re-erect, acid to, or aLtei any- building or wall within the aica comprised in the scheme.
if the Board refuses to grant permission to any pei'SOIi to erect, rc-ärcct,. add to, or alter, any building or wall on his land in the ai'ca - aforesaid, and' does-, not prOceed to acquire such land within one year from the datc or' such- refusal, the Bowd 'shll pay reasonable compensation to such person, for any damage stistaiiied by him in consequence of such refusal,
4. Streei theme.--( 1) Whcncvor the Board is of of)iruiorl that lot' the purpose of---- providing buiWing, silni, or remedying defective. ventilation , Or
(c). creaung; new. or i-mpiovmg- existing mcan C coutmwtical ion and - facilities for traffic, or affording- bct-fa3litics for conservancy, it is expedient to lay out new streets or alter hxisting strce.ts (including bridges, causeways and culverts) in any area, the Board may fi'amc a sheet .schcme for such area.
- (2) A street scheme may, within the Lititils of the ai'Ca COflIpi'i.SC(l ii) the scheme provide for thô following matters, iamely:---- • (a),- the acqussition. Of -any land wt'iichi, in the Opinion of the. Board, is iccssaiy, for the street scheme ;-
(h) there-laying out of all or any oC the lands so acquired including the construction and Cc-cOnst'ruct:ioh of buildingr by the Beard Or by ,crsons auttor-iscd' by the Board' in that' behah' and the laying out 5 construction and alte'at!on of streets and through fares the draining, water supply and lightiug of streets and throughfars so laid, Øut, e.onstucte.cL or altered I ('d) the-raising., lowering, 'or' reclamation of any land vetc,( in, or to be acquired by the Board for ,(he purposes of the scheme.
or Towfl oi Villiga expansion /, (I) \'Vlieiii:vcr the Brand that it is expedient: to control and provide for the future development' of a city, town or- village, the Board may. frame SChC1I1C and Spci I'y the I irne. limit 1,r the txe.cutiOn of such 3741580/2019/OS-HOUSING 173 20
(e) the plovision of opcii SPtCCS for the better ventilatioii of th comprised in the scheme ; and are4 S (f tile acquisition of any 1,,tllcl ad,joning any street, thoroqghfare, or Open 53CC to be lbrmed tmcer the 47 Defyre1 s1ret c/im.—( 1) Wheneve t' the Board is of opi ion that it is necessary to [)rOVide for the ultimate wicleiiizig df any street by altering tile existing 'l1gi1iuens of such sti cet to unproved il1giitneIts to be l)Lescrbed by the Board, but that is not necessay immediately to acquire all 0f , any .f the properties lying within the proposed ixrproved ahigsiment the Jord niay fiasne a "deicrrd scr'ect scheme" prescribing an alighmet onach ii:le of the stTcet and specify the time limit for tile execution of suh schhe,
(2) A deferred street scheme shall provide for the following matters iiuncly;_ the acquisition of' the whole or any part of aiiy property lying .virhin the prescribed Street al ignineizts within the çiine limit speciGed iii the .:hie which may he extended by the l3oard frou. time to time Piovnicd th tt such tune limit including the ettensi't gt'anted by th e oard shall in no case exceed twenty. years ft'om the date of ânctiou of. the the re-laying out of' all or any such popeity including the con. iuction and 1'ccansU'(ictiofl of buildings by die l3ord or by any otjier • •;tSOii, and the formation and alignment of ' the strect the draining, water supply and lighting of the altered. street so fbrmed
(3) After a cletlrred street scheme has been sanctioned by the Boardno person shad, except with the Written permission of the Board iect, re-erect, and to Or alter any buildirt or wall so as to make the same • oject into the prescribed alignm ent o f the street if the board fails to acquire or to istitutc proceedings for . the .cdfUisitiQfl of' any propeFty within the pL'cscribej alignment of aiiy. Street itliiii the tune ii mm r SpcLiIlcd in the scheme or extended by it, the owner of cli h)ioperty may, at any time theieafter, give the Board notice reqtmirg aj acquire or to illstitute proceedings fr the acquisition of NLAch property, .:forc the expiration of' six months from the date of such nqtice and tjiere ,ou the Board shah I acquire, or institute such procecdmigs andacquire the •..pemty accordingly and if the Board uiiils to do so, it shall pay reasonable • upemisarion to the Owner for any damage sustained by him in consequence • such fiiilu bc1'or Pt'OCeediug to acquire aily pi'opei'ty lymmig within the cc'ibed dhig:mnvmt or thestrcet othei' Lh.utpruperty regarding which it 115 a notice under clause (b), the Board shall give ix mnothis' not ice lie owner of cue intent ion to acquire such propei'ty 5 3741580/2019/OS-HOUSING 174 21
(d) Notwithstanding anyth)ing contained in the Kerala Municipal Corporaciori s Act, 1961 (Act 30 of 1961), the Ket'ala Municipalities At, 190 (Act 14 of, 1961), the Gtuuvayur Township Act, 1961 (Act 43 of 1961) 3 or, ill arty notification i4suç1 u4cfer, section 142 of the Kerola Pancllayats Act, 1960 (4ct.32 of 1960), th Cunci1 of the Corporation 1 a city or a Municipal Council, or che. Guiuvayur Township Committee or a Pauchayai shall iot have the power to prsct'ib any alignment of' a stt'eet within the limits of the scheme, and-any. 'such alignment 1)reviously prescribed within arch limits shall cease to b e tlt alignment of' the street, -•
48. Land Development &/zeze,__-( 1) Whenever the Board is of' opinion that it is expedient to provide bui lWng sites in any area, the Boai':l may frame a land cleveloprnet schehie.
Such scheme shall pecUIy the propoed layott of' the area to be dve1oped and the purposes,for. which Particular portions thei'eol'at e to be utilised..
The Board may provide for roads, streets, Open, spaces, drainage water supply audstreet lighting and - other amenities for the sclscmeaL'ra, The J3oard may, lense out or sell, by outright sale or ott hire purchase basis; the building sites in the scheme area.
49 Censral tmprovemenf sc/ieme.—Whenever it appears to the Board-- - (a) that in any area, any buildings used or intended or likely to he used as, dwelling houses arcs unfit for human habitation, o r
(b) that danger to the health of the iuluabita)uts of' l)uil(lizlgs in any ''rea, or to buildings in the neighbourhood of' such az-ca is likely to be caused bythe narj'owfless, closeness, or bad arrangement or condition of Strcets or buildings or groups of buUdings in such area, or the want of light, air, ventilation or piOp n r COItVctticIICcs i such area, or any other sanilary defects iii such area, the Board may frame a Ge,ierl Improvement Scheme in respect of such area.