It shall also he tile: dt;ty of the Boird take measi.ucs with a view. - (I) (0 plan and co-ordinate all lousing activities in th State, an4 t • ensure expcdiiios and efficient implelilen tatioii hot;sing for iiiirpve - R scheme in the State 2) to provide tccbical advice and serutinise all projCcts ttnçler housing r imprOvcrfleiit cliemcs spOiisotcd or nsisted by (he Qeritral ot' State Goveriiinejst ; ..
() to maintain, allot, lease and Otherwise use plots buildings and othet J)rOpertics of the Board or the Covcrnmcnt, :i to collect rents JIord he plOpcities under the contro.l and managellwiltof the I3oard and repay loafls to the Ceiitri I and Stiuc Governments;
to set up a research section for the purpose of expediting jhe coustrucuwi of, and cheapening the cost of building, artcl:
to organise and run workshops and s'es:j' ;iaiu1cure, sale, stockpiliag and supply of building materials required for housing or in1pro'c_ merit scheims.
68. Superuntou and crn(age cliarges.---l'he l3ord may include fl te cost of au housing or iliuprovement sclieiiie framed b' it or any other work uutckrtaken by it, Sttpervisioii and centage charges aç such rates as may be fixed byit: I
Provided jrii( the rate so £IX&1 shall nQt b more than twelve auci a half' per cent of (he cost of the scheme or work.
69. Rower of Governme,ii (0 cal/for the records qf the Board and to raodfy, annual, rk, housing or i/nrove7nent .climes,—. (1) Not witlisuihding anything coiitaiuiecL iri the foregoing provisions, of. this Oliipt3r Lle Government may, at any time in the case of any housing or. .ilflprôverrlejit s:iieine which is 1)r01.sOsed to be flawed or which has heed framed by the ci' wisicti is being executed by it, calf for and examine the records .hc Board relating to such scheme 'and if, aher making the exuninatiod and tfter consictci'ing the I'eprserttations,' if any, of the Board and the 1oe1 nitisority conccrnud it appears to the Goveriunent that ilch scheme should c modified anuullccl or reinuited l'Or reconsideration to the Board or that iucli scheme should be executed with modiItcatioiis, they may pass orders ccordingIy
Provided that the Coveririont shall not order the mocljfjcatioi or the iiuiiih,nent of a selwuie iiuicler this section without giving the person likely to be. adversely affected by such an order a reasonable opportuuity di being
(2) The Covel'Imnlent may stay the execution of, any stcli sCeni pending the CXercise of their powers uiucicr subection (1) in rspest tltet'eof, 3741580/2019/OS-HOUSING 182 29
(3) Any housing or improvement scheme which itus already conic into force but has been n0c1i1ied by rite Covci'nlilcnt tinder sub-section shall Jiav elTect as if it has he4n cltdy sanctioned by the Boufld under section
54. The scheme as rnodiec1 shall be published in accordance with the provjons of' sections 55 and on such publication the scheme .50 mdilIed shall Come iuo force and shall 'bave. efiect.
70 rowr to excnipt.-.j-The QOVCIIIJ Lien I n1Ly ill pttblic interest, by notification in the GazQtte, 1 exempt subject to such eonclitjos and rtstrictions as may be secifi çd in. stic.lt notifications, any housing 01 - improvement schemes 1 fi- m a1! or any oh the provisions of , tlds Chapter.
viii ACQUISITIQN1ANI) DISlOSA[, 01,' L\Ni) J'ower to acquire latiqi under the Land 4cquisiliwi Act, -Any lai I or any interest therCin rcquired by the prd for, any of the purposes of this !\el • may be acquired under tlé povisions o' the Kerala Land AeqimiiLiwi Act, 1961 (Act 21 of1962).
rower to purchase or, iea4 by agreenient.- --The Board Iliay (-nici' into agrecillent with any person for he acquisition Irom him liv l)wchasc, lease oc exchange, of any land or any iflterest therein which iiiity be acquti-ed under scctioli 71 Proyithecj that if the value of such land om: interest exceeds lilly thoitsund rupees, tlj loard hahl not ente' into such ngleelnem\t without the previous approval of the C overimsent.
Power to disime of land. --.(i) The Board may rd-lain or may 'case sell, exchange or otherwise dispose of aity laud vested in or aeqimuerl by it under this Act. -
(2) Whenever the Board decides to lease or sell ally land acquim'ed by it under this Act froiti arty-person,- it shall give notice by advertisenment iii one of the leadiiii local newspapers in the State, and - It shall offer to the said per.soii, or his heirs executors ot administrators, has prior, right to take on lease or 10 purchilsesuch laud for an amount or at a mate to be fixed by the Board, if the Board coimsiders that such an ohTer can be made without detriment to the Ciiit out the pui, poscs of' this Act. -
(3) If in any case two or more persons claim to have the l°° right referred to in clause (b) of sub-section (2) prekrenee shall bo given to the who agrees to pay the highest amount of i'ate lU1 the land, not being less than the aniotint or zitc fixed by the Board under that in clause.
3741580/2019/OS-HOUSING 183 31) ChIAPTuR IX hl';VY, AssESsMl)\rr Al) REOOVERY OF BETTERMI.;NII' FEE 74 Pouncol of betIerineo(fe&.... (I) When by the cxceution of a housing or iTIlproveInent schcmc, any land in the area comprised in the schcmo winch -is not rcqtt iced for the execution thcrcof wiU, in the opinion of thc J3oard, be incrcws&d in value, the Board, iii fiaming the schcmc, may declare thac betternicot lee shall be payable by the owner of the land or any pCFSOI1 having ill interest therein in respect of the increase iii value of the land resilltillf, from Ow execution of the scheme.
(2) Such increase in value shall be the amount by which the valuó of I he land on t lie con plctioui of the cxecu I ion of the scheni e estimated. as if' the land wc'rr clear o bu;klings, exceeds the value of the - land 1 )rior to the execution ni thu: scl:euruc estimated in the like manner, and the l)CtteViflClit fcc, shall l)c. ()fle-l)il1 of such increase in value,
(3) The Boa rri may, with the previous approval or the Govcrnmiit, cicdai'e that such bcttcrmnt icc shall also be payable in rcspcct of any'laid.
not oiuipi ISCO in dic scheme but is adj cent. to the area COj)1 ised in the scheme if such land svihl be increased in value consequent on the ccdutioñ of a housing or improvement scheme in the area comprised in the schiej'nf
Provided that the Board, shall, before deelariig that any bctternicnC'fet shall be payable under this sub-section, serve a noticli in such form as' may.
be pccscribc.d on every person ishosc name appears in •thc. asscsshcnt lit of the local authority concerned as being primarily liable to pay property tax 1.
on ally building or hi.i'id in iegaid to which the Board P10P05C5 to dccltic th it such bcttcu ment fic shall be pay-ibic and thetcupon the provisloils or sub-sections (2), (3) and (4) ofscction 52 shall apply to every notkc ;srvd , U ncicr dlis p u'o ViSU.
....,
75. Assc.cs,nrnl of hctfrrinc,it fee by the hoard aid nOtice to persons liabl,' Ia..
I) When it appcar.s to the Board i.at a housing or iiflpr.OVC-. .
ment scheme is sufficiently advanced to enable the anp1int of the betterment fee to lie cic(ci Iu'iInc(l, ihc Bo-iid shall by a u esohtion passed in this 1)Ch1f (Iccl-sic tlrni for the pwpose of cicteimining such fsc the xection of th SCheme ,h ill be deemed to hvc becn completed and shh1 theicupon giV notice In WIlting to evei y pczson on whom a notice in respect of land to b ass( sscd h us bs en scu vcd under ckusc (t) of sub SCCtiofl (1) of section 5) ct to the sw ccssou In intri est of such pci son, as the clse m sy be, that the Boiid pioposcs to mess the amount of the be ii ttencnt fee p-syablc in respect t of such land under section 74. , -
(2) I lie J3oii ci sh dl then assess the -sinount of bettci nwnt fee payable by each pcu'SOn concci'ned, after giving such person an opportunity to -be. ..
lIC21-Cl and such person shall, within one month ftoin the ' .dátc*.
of receipt of notice iii writing of such assessment from the Boned, infotrn the.
Board in \vritiag whether or not he accepts the assessment. .
3741580/2019/OS-HOUSING 184 31 Wheti the ilssesiniola pet sosed by the Lo,iid is .icccpte 'I by persois concerned withi:i the period s1elhed iii SUI)-seCtiuil (2) , su:h ase.ssiflcfll shall be final.
If the person concerned does not accept the assessnien t utade by the Board or fai1sto infoim the Board its requircd under sub-section (2) within the period specified therein, the matter shall be eckned to (ile Tribunal.
The Tribunal shall, after holding an inquiry, and idler hearing the person concerned, asSess the ainottrtt of l)etterlfleut fee payable by the J)(Z8(>fl.
7 Board to give notice to person liable to pay/neal oj , j betiernient Ji'e. -Whu the amount oh' all betterment fees payable in respect of land in die area comprised in the scheme and hi' respect Of land not cuiiipiiscd iii the scheroc aL•ea but is adjacen; to the area comprised in the schetite referred to in sub-secuon (3) of sectiOn 74. has beets determined under section 7 the Board shall, by it noticé in writing 'to be served on all peisorts liable to such paymnenc, fIx a date by which such payments shall he made, and interest at the rate of fotu' and a half per cci t per annuinupon any a titan ill i,t - standing shalt be payable from that date:
Provided that any person liable as afritesaid may make payment, if lie so chooses, in such number of annual instalmençs not exceeding tea as Board may determine.
77. Agreement to in a/ce betterment fee a c/large on land.----( I ) Any persuti liable to pay it betterment fee' iii respect of any land iitay, at his Option instead of paying the same to the Board, CxecutC an agreelnejit with he Board to leav the paysrient outstanding as a charge on his juiciest iii the land, subject to the annual payment iii pei)Ctuity of interest iii the rate of six per cent per annum, or the rate fixed by the Board from Ullie to tiltie ubjct to the approval oh' the Government, the fIrst annual payisietit 01 such ilitereSt to be made one year from the date referred to iii section 76
(2) 1vry uay1n1lt due fm'omn any person in respect of it bei terinent fee and every charge referred to in sub-section (1) shall miotwithscamaiing anything contained in any other enactment and notwithstanding the extension of any mortgage, or other charge whether legal or equitubic, createçl either before or aftcr the commencement of this Act, be the !!rst charge UpOn the interest of such person III each laud subject to the prior payment of the basic tax under the Kerala Land Tax Act, I 9(31 and tIle Plantation Tax payable under the Kerala Plantation (A(ldi tiottai 'I'ax) Act,
1960.
() If any imistatineot of ' interest due under an agrecinemit executed in pursuance of sub-section (1) be not paid on the date Ott which it is due, the betterment fee sIall become payable on that date, in addition to the said instalment.
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(f) Ai any ti nie ;Icr an agreement has been executed in pursuance ol .subseeti)J, (I ) any person may pa)' off the charge created thereby with the Interest tue iupio be date of such payment.
(5) When greement in respect of any land has been cxccutcd by any person lii plrsuaw:c of sLtf)SeOl ion (I), no MAL with respcct to such agreement shall La' brought against t!ic Board by any other person (except an hcii, cxecut,,r oi adnii nistrator of (lie person first afircsaid) claiming to have an interest ii the laud.
78 Ro'ove;y of ?flOnev3 payable in pursuance of.scclions 71, 76 and 77.—Ah1 moneys p yabir in respect of any land by any person in rcspcct of a bttcrincnt fcc wider section 74 or section 76orbv any person under an aiu'ceuicnt execUted ill piIrstniijcc Of .subtcetion (1) of s2ction 77 shall, together with. Interest due uipin the date ol' rca lisation, be recoverable by the Board from the s;iid person or his succcssor-iri-intci'cst in such land; as an arrear of Pd)] IC i•r' iii IC (1 IC Oil land 4pein'n1 paJ'mdnt of betterment. fee not to liar acquisition under fresh (lCClOHiI;O?I. - - i(' aiiv land in respeCt of which the payment of a bcttcrincot fee has been areep ad in pursuance of subsection (3) of section 75or in .r051)cct of whj.h in a r',uI1ent regarding the betterment fcc has been cxecutccl uiidtsr SCCI ion 77, be slibsequently required for any of the purposes of t:his Act ) the payment or agreement, shall not be deemed to prevent the aqiiiitiôa of the land on' lee the Ke.rala Land Acquisition Act, 1961 (Act, 21 or 1962).
CHAPTER X IiONS'Fi'lij l'ION OF TRIBUNAL AND ITS FUNCTIONS Constitutioti if a Tribunal for certain Purposcs.—( I) Notwithstamiding anytliiw Coal ained in the Kerala Land Acquisition Act, 1961 ( Act'2 I Of I 9?)
the Govcrnnient may Constitute si Tribunal for the purpose of porfornthmg the functions of the ( Duet with refem ence to tIme acquisition of land fOr the Board under the said Act, for clecidinr; dipuics rclatin to levy or asscissn1cn of bcc'nmnt ibe and for deciding nch other matters as may hi; prscribcd.
(:) liic 't'rjf;'minai shall consist of one person only who shall be a judicial officer nt below the tank of a Subod mate judge.
(3) '['tic 'l'ri buiial. shall havc the same powers as arc.vcstcd in a Civil Court lildel' the Code of Civill'roccdtim' e , 1908 (Cn.tra1 Act 5 of W08) 8! . Ojlier.s and sU/ior,iina(es '?! the Tr.ibuna/,-.._'.fjc T?ibunai ma-y,'-witl i 'the previous sancl ion or the t iovernment, ;sppoin.t such officers and si:mbord.iate s as it considers ii ceessary for carrying on its business •ard the m'c1OtimiOrt.ifl and other dO)IClitiOi)S of . service of such officers and sahordiatcs l'LaJl be such as may he :n'cscr bed. .
62. Payment by Board on account of' Tril'une,i, —The amouflt necesiiry for the payilient of rc)nulicration, salaries, allowances a nd othcr cohti'jhtjrii payable to the judicial officer, appointed as the Tribunal andof the and subnMimaes or We ].'ribumial shall be 1id out of thc finids of'thiel3tjard'":
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