The Trivandrum City Improvement Trust Act, 1960 (No.1 of 1961)

THE TIUVANDRUM CITY IMPROVEMENT TRUS1 ACT> 1960.

Preambu Sections ACI' 1 OF 1961 CONTENTS

CHAPTER I Preliminary

1. Shott title, application and commencement~

2. Dcfiu it ions.

CHAPTER II THE BoARD OF TRusTEEs.

Constitution of the Board

3. Creation and incorporation of Board.

1. Constitution of the Board.

5. Appointment and election ofTrustees to be notilled.

6. Appomtment in default of election.

7. Disqualifications for election or appointment a .. 'l Trustee;

8. Chairman to be whole·t1mc officer.

9. Remuneration of the Chairman.

10. Leave of absence for the Chairman.

ll. Appointment> etc., of actmg Chairman.

12. Leave of absence to other Trustees.

13. Removal of Chairman and other Trustees.

14. Filling of casual vacancies in certain cases.

15. Term of office of Chairman and other Trustees.

Conduct of Business

16. Meetings of Board. .

17. Power of Board to co.opt members for particulal' purposes;

18. Constitution and functions of Committees.

19. Meetings of Committees.

20. Truster-.s and associated members of Board or Committee not to take part in proceedings in which they nre personally interested. • • Sections.

21. Power to make and perform contracts.

22. Execution of contracts and approval of estimates.

23. Further provisions as to execution of contracts.

24. Tenders.

25. Security for due performance of contract.

26. Supply for documents and information to the Government.

Officers and Servants

27. Statement of strength and remuneration of staff.

28. Service rules.

29. Appointing authorities.

30. Control by Chairman.

31. Delegation of certain of Chairman's functions ' i I l I f

CHAPTER III Improvement Schemes.

32. Power of Board to undertake works and incur expenditure for improvement, etc.

33. Matters to be provided for by improvement scheme.

34. Types of improvement schemes.

j

35. Provision of alternate site to displaced Kudik1dappukaran.

36. General improvement scheme.

37. Re-building scheme.

I 38. Re-housing scheme.

39. Street scheme.

40. Deferred street scheme. I 41. Development scheme.

·12. Housing accommodation scheme. I I

43. Town expansion scheme.

· Procedure to be followed in framing an imptovement scheme

44. Official representation.

45. Consideration of such representation.

• 46 • Matters to be considered when framing improvement schemes.

• " Sections.

47. Preparation, publication and transmission of notice as to im­ provement schemes and supply of documents to appli­ cants.

48. Transmission to Board of representation by Corporation as to improvement scheme.

49. Notice of proposed acquisition of land.

50. Furnishing of copies or extracts from the aSlleasment book of the Corporation.

51. Abandonment of improvement scheme, or applicl\tion to Government to sanction it.

52. Power to sanction, reject or return improvemeut scheme.

53. Notification of sanction of improvement scheme.

54. Alteration of improvement scheme aft<'r sanction,

55. Combination of such scheme.

56. Width of streets and levelling, etc., thereof.

57. Transfer to Board for purposes of improvcmrnt scheme of building or land vested in the Corporation or· in a munici­ pality or in a Panchayat.

I

58. Transfer of private street or square to Board fnr purpose of improvement scheme.

~9. Provision of drain or water-work to replace anoth1•r situated on lnnd vested in Board under Section 57 or Scclion 58.

60, Har to application of certain sectionS of the Trivnndrum City Municipal Act, to streets.

61. Repair and watering of streets vested in Bonrcl.

62. Gua1 ding and lighting when street vested in Bonrd is opened or broken up, or when street is under coustruction and speedy completion of work.

63. Prevention or restriction of traffic in street vested in Board, during progress of work.

64. Provision of facilities, and payment of compensation, when work is executed by Board in pubhc street vested in it.

65. l'ower of Board to turn or close public street or aquare vested in it.

66. Reference of disputes to Tribunal.

67. Veating in Corporation of streets laid out or altered, and open space prov1ded, by the Board under nn improve­ ment scheme.

60. Application of section 67 to mumcipalities or panchayats.

69. Power of Board to retain service passages ..

• r I • \__ __ Sections

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

S2.

83.

84.

85.

86.

87.

88.

89.

90.

6

CHAPTER IV.

Acquisldon and DisposDI of Land.

Power to purchase or lease by agreement.

Power to acquire land under the Land Acquisition Act.

Tribunal to be constituted.

Modification of the Land Acquisition Act.

Constitution of Tribunal.

Remuneration of members of Tribunal.

Officers and servants of Tribunal.

Payments by Board on account of Tribunal.

Power to make rules for Tribunal.

Award of Tribunal how to be determined.

Payment of betterment fee.

Assessment of betterment fee by Board.

Settlement of betterment fee by arbitrator.

Fee for arbitrator.

Powers and duties of arbitrator.

Board to g1ve notice to persons liable to pa)'ment of better• ment fee.

Agreement to make betterment fee a charge on land.

Recovery of money payable in pursuance of sections 81, 82, 85, or 86.

Board to appoint persons for enforcement of processes for recovery of dues.

Agreement or payment not to bar acquisition under fresh declaration.

Power to dispose of land.

CHAPTER v.

Fia.ance.

91. Annual grants and contributions.-

92. Board to be a local authority within the meaning of the Locnl Authorities Loans Act.

93. Loans from banks.

94. Diversion of borrowed mC!>ney to purposes other than those first approved.

95. Form, signature, exchange, transfer and effect of debenture..

96. Signature of coupons attached to debentures.

97. Payments to survivors of joint payees.

98. Receipt by joint holder for interest or dividend • I i I I l I J I I I I I I i i I ~ I \ 7 Sections.

99. Priority of payments for interest and repayment of loans.

100. Repayment of loans taken under sect1on 95.

101. Establishment and maintenance of sinking fund~.

102. l'ower to discontinue payments into ainking fmul.

I 03. Investment of &inking funds.

104. Application of smking funds.

105. Annual statements by trustees.

lOG. Annual exammation of sinking funds.

107. Estimates of mcome and expend1ture to be laid annually before the Board.

lOR. Sanction of Board to estimates.

109. Approval of Government to estimates.

110. Transmission of copy of estimate to the Commia,loner.

Ill. Supplementary estimates.

112. Adherence to estimate and maintenance of clo5iug balance

113. Rece1pt of moneys and deposit in Bank.

114, I nvestmcnt of surplus money.

115. Payments by cheques.

1 16. Signature of orders under section ll ~and chequr~.

117. Duty of Chairman and others before signing cheque.

118. Definition of" cost of management".

119. Keeping of capital account and revenue account.

120. Credits to cap1tal account.

121. Application of capital account.

122. Credits to revenue account.

123. Application of revenue account.

124. Power to direct sale of securities in which any au1 plus of the revenue account is invested.

125. Advances from revenue account to capital account.

126. Advances from capital account to revenue nccounl.

127. Submission of abstracts of accounts to Governmeut.

128. Annual audit of accounts.

129. 11owers of auditors.

130. Remuneration of auditor

131. Reports and information to be furnished by audllor to the Board.

132. Auditor's report to be sent to each Trustee anrl considered by Board.

133. Board to remedy defects pointed out by audito1.

l31. Publication and tnmsmission of an abstract of tlu: accounu, • • 8

CHAPTER VI.

Rules.

Sections.

135. Power of the Government to make tules.

136. Power of the Board to make rules.

137. Rules to be subject to previous publication and to be pub­ lished in Gazette.

138. Printing and sale of copies of rules.

139. Power of Government to cancel rules made under section 136

CHAPTER VII Supplemental Provisions.

140. Trustees, etc., deemed to be public servants.

141. Contnbutions by Board towards leave allowances and pen­ sions of servants of the Central or State Government em­ ployed under thlS Act.

142. Power to extend the Trivandrum City Municipal Act, to areas near the C1ty to which provisions of the present Act have been applied.

143. Publication of notifications under sections 1 (2) and 142 (1) m draft for critic1sm.

144. Board and Chairman to exercise powers and functions under the Travancore Town Plannmg Act, 1108.

145. Board and Chairman to exercise powers and fun.ctions under the Trivandrum C1ty Mumcipal Act.

H6. Powers of the Board for facilitating movement of the population.

147. Saving of Telegraph, Railways and Electricity Acts.

148. Cognisance of offences.

149. Limitation of time for prosecution.

1~0. Powers of Chairman as to institution, composition, etc., of legal proceedmgs and obtai'!ing legal advice.

151. Indemnity to Board, etc.

152. Notice of sUit against Board, etc.

153. Co-operation of the Police.

154. Arrest of offende1s.

155. Proof of consent, etc, of Board or Chairman or officer or ~ervant of Board.

156. Validation of at:ts and proceedings.

157. General power of Board to pay compensation.

158. Compensation of be paid by offenders for damage caused by them .

• I ( j I I I I , !

\ l i I \ I J I J \ I j i 9 S~etions.

159. Public notices how to be made known.

160.

161.

162.

163.

164.

165.

166.

167 • .

168.

169.

I 70.

17 I.

172.

Newspapers in which advertisements or published.

Stamping signature on notices or bills.

Service how to be effected.

notices are to be Power to make surveys or contribute toward• their cost, Power of entry.

Punishment for acquiring share or interest in cuntract, etc., with the Board.

Penalty for removing fence, etc., in street.

Penalty for building within atreet alignment or building line.

Penalty for fllilure to comply with requisition made by auditor.

Penalty for obstructing contractor or removing mark.

Penalty for breach of the provisions of the Act, etc.

Dissolution of Board and transfer of its aasets nnd liabilities to the Government and the Corporation.

Submission of Administration Report to Govermnent.

THE ScHEDULE 34(409~ • r • 10 THE TRIV AND RUM CITY IMPROVEMENT TRUST ACT, 1960 * (ACT I OF 1961) An Act to provide for the improvement and expansion of the City of T rivandrum and the constttutzon of an Improvement Trust therefor.

Preamble.-WHEREAs it is expedient to rna~ provision for the improvement and expansion of the City ofTrivandrum by opening up conge~ted areas, clearing slums, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demohshing or constructing buildings, acquiring land for the said purposes and for the rehousing of persons displaced by the execution of improvement schemes and otherwise as hereinafter appearing ;

AND WHEREAS it is expedient that a Board of Trustees should be constituted and invested with special powers for carrying out the objects aforesaid;

BE it enacted in the Eleventh Year of the Republic of India as ollows:-

CHAPTER I PRELIMINARY I. Short title, application and commencement.-( I) This Act may be called the Trivandrurn City Improvement Trust Act. 1960.

(2) It applies to the City of Trivandrum, but the Government may, subject to the provisions of section 143, by notification in the Gazette and from such date as may be specified therem, apply all or any of the provisions of this Act to any specified area in the neighbour­ hood of the said City.

(3) It shall come into force at once.

2. Definitions.-In this Act, unless the context otherwise requires,­ ( I) "betterment fee" means the fee declared to be payable under section 80 in respect of an mcrease in the value of land resulting from the execut10n of an Improvement Scheme;

(2) "Board'' means the Board of Trustees for the Improvement of the City ofTrivandrum, constituted under section 3;

{3) "Chairman" means the Chairman of the Board;

( 4) "Corporation" means the Corporation of Trivandrurn con.

stituted under the Tnvand1 urn City Munic1pal Act (Travancore Act IV of 1116);

*Received the assent ofthe President on 13th january 1961 and published if! the Gazette Extraordmary dated 24thjan~ary 1961 • I I I I l I I 11

(5) "land" has the same meaning as in clause (a) of section 3 or the Land Acquisition Act (Travancore Act XI of 1089)

(6)

(7) Act;

"notification" means a notification published in the Gazette ;

"prescnbed" means prescribed by rules mado under this

(fl) "Secretary to the Board" means the person for the time being appomtcd by the Board to discharge the functions of the Secretary to the lloard;

(9) uTribunal" means the Ttibunal constituted undrr section 72, and until tl i~ constttuted, the court having junsdiction to perform the functions of the court under the Land Acqu1sttton Act (Trnvancore Act XI of 10119), and all reference to the Tribunal shall he construed accordingly ;

(10), "Trustee" means a member of the Board and "ex-officio Trustee ' means the Dtstrict Collector ofTrivandrum or the Commis­ sionct· of the Corporation of Trivandrum or the Chief Town Planner or the Director of Health ServiCes ;

(II) all words and expressions not defined in this Ar.t but defined in thr: Trivnndrum Ctty Mumcipal Act (Travancore Act IV of 1116), shall have the meanings respectiVely assigned to them by the said Municipal Act.

CHAPTER II THE BoARD oF TRUSTEE!.

Constitution of the Bollt'd

3. Creation and incorporation of Board.-The duty of carrying out the provisiom of thts Act shall, subject to th~ restrictiom, co1Jdit10ns and limitntions thercm contamed, be vested m a Board to he 1·alled "The Board of Tt us tees for the Improvement of the Ctty ofTrivalldrum"; and such lloarc.l shall be a body corp01 ate and have perpectuul succession und n common seal, and shall by the said name ~ue and hn sued.

4. Constitution of the Board.-The Board shall consist of lr,n Trustees, as follows:-

(n) u Chairman with such qualifications as may be prr.scribed who shall be appointed by the Government ;

(b) the D1stnct Collector, Trivandrum, ex-qfficio;

(c) 1he Commissioner of the Corporation of Trivnndrum, U• qfficio ;

(d) the ChiefTown Planner, ex-officio;

{e) the Director of Health Services, ex-officio ;

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(f) two members of the Council of the Corporation of Trivan­ drum, elected by the Council ;

(g) three persons appointed by the Governnient.

5. Appointment and election of Trustees to be notified.-The appointment or election of the Chairman and the other Trustees shall be notified in the Gazette.

6. Appointment in default of election.-lfthe Council of the Corpo­ ration ofTrivandrum does not, withm such time as may be prescnbed by the Government, elect one or both of the Trustees referred to in clause (f) of section 4, the Government shall, by notificatiOn, appoint a member or two members, as the case may be, of the said Council to be a Trustee or Trustees ; and every member so appointed shall be deemed to be a Trustee duly elected by the Council.

7. Disqualifications for election or appointment as Trustee.-( 1) A person ~ohall be disqualified for elect10n or appointment as a Trustee, if he-

(a) has been sentenced by a criminal court to imprisonment for a period of not less than two years, such sentence not having been re­ versed or the offence pardoned :

Provided that the Government may direct that such sentence shall not operate as a disqualification ;

(b) is an applicant to be adjudi~ted an insolvent or is an Wl• discharged insolvent;

(c) holds any office or place of profit under the Board ;

(d) has, directly or indirectly by himself or by any partner, employer or employee, any share or mterest in any contract or employ­ ment with, by, or on behalf of, the Board ; or

(e) is a director, or a secretary manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Board.

(2) A person shall not however be disqualified under clause (d) or clause (e) of sub-section (I) or be deemed to have any share or intereit in any contract or employment within the meaning of those clauses, by reason only of his, or the incorporated company of which he is a direc­ tor, secretary, manager or other salaried officer, havmg a share or in­ terest in-

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

(ii) any agreement for the loan of money, or any security for the payment of money only ;

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

(iv) the occasi~nal sale to the Board, to a value n<?t exceeding two thousand rupeef many one financ1al year, of any arucle m which he or the incorporated company regularly trades ;

13 or by reason only ofhis having a share or interest, othe1wise than as director, or secretary, manager or other salaried officer, In any incor­ porated company which has any share or inter<>st in any contract or employment with, by, or on behalf of, the Board.

13. Chairman to be whole-lime ojJicer.-The Chairman shnll be a whole" time officer of the Board and shall not undertake any work unconnected with his office wtthout the sanction of the Government.

9. Remuneration of the Chairman.-The Chairman shall be paid such salary and allowances as may be fixed by the Government.

10. l.eaue of absencefor the Chairman.-(!) The Gov(•mment may , grnn t leave of absence to the Chatrman for such period us they thiiik fit.

(2) The allowance, if any, to be paid to the Chnirman while absent on leave, shall be such amount, not exceeding his 1alary, as may be fixed by the Government :

Provided that, if the Chairman is a servant of the Crntral or State Government, the amount of the allowance shall be ~uch as he may be entitled to under the conditions of his service under the Central or State Government relating to transfer to foreign service.

l I. .A.pfJozntment etc., of acting Chairman.- ( 1) (a) When l he Chairman is grnntrd leave of absence or when the post of Chairmn11 falls vacant eithrr by the resignation or death of the Chairman or otherwise, the Government may appoint a person to act as Chairman.

{b) A perton 10 appomted shall be entitled to hold office as Chairman only for suclt period as may be fixed by the Government.

(c) The Government may, from time to time, exteud the period fiXed under clause (b).

(2) Any person so appomted-

(n) shall be paid·such salary and allowances as mny be fixed by the Government ; and

(h) shall exerci.e the powers conferred, and perlimn the duties imposed, by or under this Act on the Chairman, and '!hall be subject to the same habdities, restrictiOns and condiuons as the Chairman.

12. Leave of absence to other Trustees.-The Board may permit any T1u11tee, other than the Chairman or an ex-oJficto Trmtee, to absent h1mself from meetmgs of the Board for any period not cxceedmg such limit (which shall not be less than four consecutive months) as may be prescribrd by the Government.

13. Removal of Chairman and other TtUStees.-(1) If nt any time it appears to the Government that the Chairman has shown himself to be unsuitable for his office, or has been guilty of any miscond net or neglect which renders his removal expedient, they may, by notification, re­ move the Chairman from office.

(2) fhe Government may, by notification, removr. any Trustee (other than the Chairman or an ex-o.fficzo Trustee) from ollice-

(a) if, m the opinion of the Government, he ha1 contravened the proviliont of section 20, or • •

(b) if he has without the permission of the Board, been absent from the meetings of the Board for any period exceeding three conse­ cutive months, or

(c) if he has been absent from the meetings oqthe Board for Any period exceeding the lim1t prescribed under section 12, or

(d) if he 1s a salaried servant of the Government and his conti­ uance m office as a Trustee is, in the opinion of the Government, un­ desirable, or

(e) if he, being a legal practitioner, acts or appears on behalf of any person in any suit or other legal proceeding against the Board or acts or appears on behalf of any person m any criminal proceeding instituted by or on behalf of the Board against such person, or

(f) if, in the opinion of the Government, he is unsuitable or has become mcapable ofactmg as a Trustee or has so abused his position as a Tru~tee as to render his contmuance as such detrimental to the public interest : ·

Provided that when the Government propose to take action under this sub-section, an opportumty of explanat10n shall be given to the Trustee concerned, and, when such action is taken, the reasons therefor shall be placed on record. ·

(3) The Government shall, by not1fication, remove any Trustee (other than an ex-officio Trustee) from office-

(i) if he has become disqualified for election or appointment as a Trustee for any of the reasons mentioned iri section 7 ; or

(ii) if he, having been elected or appointed as being a member ofthe Council of the Corporation of Tnvandrum, ceases to be a mem­ ber of such Council.

(4) A Trustee removed under any of the provisions of clauses (a) to (e) of sub-secuon (2) shall be disquahfied for election or appointment as a Trustee for a period of three years from the date of his removal unless otherwise orderep by the Government.

(5) A Trustee removed under clause (f) of sub-section (2) shall not be eligible for re-appointment or re-elect10n until he 1s declared by an order of the Government to be no longer ineligible.

H. Filling of casual vacancies in certain cases.-If any Trustee, other than an ex-officio Trustee, IS permitted by the Board to absent himself from its meetmg~ for any period exceeding three months, or if any such Trustee dies, or resign!> his office, or is removed from office under section 13, the vacancy shall be filled w1thm two months by a freih appointment or electiOn, as the case may be.

15. Term of office of Chairman and other Trustees.-(!) Subject to the provisions of sections 11 and 13, the term office of Trustees including the Chairman but not includmg the ex-officio Trustees shall be as follows:-

(a) the Chairman-such period as may be fixed by the Govern­ ment not being less than three years and commencing on the date on which his appointment is notified • 16

(b) a Trustee appointed or elected in pursuance of section 14 in the place of a Trustee who has been permitted to absent himself from meetings of the Board-the period of the absence of the latter Trustee;

(c) other Trustees-three years commencing on. the . date on which their election or appointment, as the case may be, 1s notified.

(2) A Trustee shall, If not disqualified for any ol' the reasons meutioucu in section 7, be eligible for re-appointment or re-election at the end of his term of office.

Conduct of Business

16. Meetitzgs of Board.-The Board shall meet, and shall from time to 1ime make such arrangements with respect to the plac·e, day, hour, notic-e, management and adjournment of its meetings as It may thmk fit, subject to the following provisions, namely :-

(a) an ordinary meeting shalt be hP.ld once at least in every month;

(b) the Chairman may, whenever he thinks fit, nnd shall, upon th(' written request of not less than two other Trustees, call a special meeting;

(c) the Chairman shall attend every meeting of tlw Board unless nbsrnt on leave or prevented by sickness or other reasonable cause ;

(d) no business shall be transacted at any meeting unless there be present at least one-half of the number of the Trustees thr.u in office;

(e) every meeting shall be presided over by the Clmirman and in his absence by a Trustee chosen by the meeting to pt eside for the OCCIUiOnj

(f) all questions at any meeting shall be decided by a majority of the Trustees present and votmg at the meeting, and In every case of <'quality of votes, the person presiding shall have aud exercise a accond or casting vote;

(g) if a poll be demanded, the names of'the Ttustees voting, and the nature of their votes, shall be recorded by the person presid­ ing;

(h) minutes of the proceedings at each meeting (together with the names of the T1 usteell present) shall be recorded in I\ book to be prov1cl!.'d for the purpose, and such mmutes shall be read at the next cnsuin~ meeting and signed by the person pres1cling at Ruch meeting.

Thr. mmutes book shall be open to mspect10n by any '1'1 ustee durmg office hours.

17. Power of Board to co-opt members for particular purpous.-( I) The Hoard mny associate with itself, iR such manner and lot· such period IU may be prescribed, any person or persons whosu assistance or advice it may desire in carrying out any of the prov1siom of this Act.

(2) A person so associated shall not be deemed to be a member of the Board and shall have no right to vote at any mec•ting thereof but he may take part m the d1scuss10ns of the Board ll'latmg to th~ pus pose or purposes for which he was associated with tho Board.

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18. Constitution and functions of Committ1es.-(I) The Board may from time to time, appoint Committees consisting of such persons of any of the following classes as it may think fit;namely:-

(i) Trustees,

(ii) persons associated with the Board under section 17,

(iii) other persons whose assistance or advice the Board may desire as members of Committees:

Provided that no Committee shall consist of less than three persons.

(2) The Board may-

(a) refer to any such Committee, for inquiry and report any matter relating to any of the purposes of this Act, and

(b) delegate to any such lCommittee, by specific resolution and subject to any rules made in th1s behalf, any of the powers or duties of the Board.

(3) The Board may, at any time, dissolve, or, subject to the provisions of sub-section (1), alter the constitution of any such Committee. ·

(4) Every such Committee shall conform to any instructions from time to time given to it by the Board.

(3) All proceedings of every such Committee shall be subject to confirmation by the Board.

19. Meetings of Committees.-(1) A Committee appointed under section 18 may meet and adjourn as it thinks proper; but the Chairman may, whenever he thinks fi,, and shall, upon the written request of not less than two member .. thereof, call a special meeting of such Com­ mittee.

(2) Every meetiag of a Committee shall be "presided ove. by the Chairman if he is a member ofthe Committee, and, if he is not a member or is absent from the meeting, by a member chosen by the meeting to preside for the occasion.

(3) No business shall be transacted at any meeting of a Com­ mittee unless there be present at least~one-half of the number of the members constituting the Committee.

( 4) All questions at any meeting of a Committee thall be decided by a majority of the members present and voting at the meeting, and in every case of equality of votes the person presiding shall have and exercise a second or casting vote.

20. T rustces and associated members of Board or Committee not to take part in proceedmgs tn which they are personally interested.-( I) A Trustee who- ( a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (2) of section 7 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, 17 shall not vote or take any other part in any proceeding of the Board or any Committee relating to such matter.

6-

(2) If any Trustee or any person associated w1th the lloard under section 17, or any other member of a Committee appointed under section 18, has, dtrectly or indtrectly, any beneficial mtct rst in any land situated in an area compnsed in any tmprovement ~chrme framed undrr thi, Act, or in an area m whtch it is proposctl to a<'qUlre land for any of the purposes of this Act.-

(i) he shall, before taking part in any proceeding nt a meeting of the Board or any C'.ommittee relating to such area, inform the person presiding at the meeting of the nature of such intetest;

(ii) he shall not vote at any meeting of the Board or any Com­ mittee upon any resolution or question relating to such land; and

(iii) he shall not take any other part in any p10ceecling relating to such area at a meeting of the Board or any Committee, if the person presiding at the meeting considers it inexpedtent that he should do so.

21. Power to make and perform contracts.-The Board may enter into and perform all such contracts as it may consider necessary or expedtent for carrying out any of the purposes of this Act.

22. 'Execution of contracts and approval of estimates.-( I) With respect to the making of such contracts, the following provisions shall apply.

namely:- ( a) every contract shall be made on behalf of the Boa.rd by the Chairman;

(b) no contract for any purpose which, in accordance with any provision of this Act, the Chairman may not carry out w1thout the sanction of any other authority or authorities shall be made by him unless such sanction has been given;

(c) no contract involving an expenditure exceeding ten thousand but not exceedmg fifty thousand rupees l>hall be matle by the Chairman unless it ha! been sanctioned by the Board;

(d) no contract involving an expenditure exceeding fifty thousand rupees l>hall be made by the Chairman unless it has been sanctwned both by the Board and by the Government;

(e) every contract made by the Chairman involving 1111 expendi• ture exceeding one thousand but not exceeding ten thousand rupees shall he reported to the Board w1thin fifteen dnys after it has been madr.

(2} Every estimate for the expenditure of any sum fhr carrying out any of the purposes of this Act shall be subject to the approval of the authority or authorities empowered under sub-section (I) to make.

or, as the case may be, to sanction the making of, n contract for a like purpose and involving the expenditure of a like sum.

34/4095 • r • 18

(3) Sub-sections (I) and (2) shall apply to every variation or abandonment of a contract or estimate, as well as to an original contract or estimate.

23. Further provisions as 1o execution of contracts.-( 1) Every contract made by the Chairman on behalf of the Board shall be entered into in such manner and form as would bmd the Chairman if such contract were made on his own behalf, except that the common seal of the Board shall be used where necessary; and every such contract may in the like manner and form be varied or dtscharged.

(2) Every contract for the execution of any work, or the supply of any matermls or goods, which involves an expenditure exceeding one thousand rupees, shall be in writing, and shall be sealed.

(3) The common seal of the Board shall remain in the custody of the Secretary to the Board, and shall not be affixed to any contract or other instrument except in the presence of a Trustee (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence.

( 4) The signature of the said Trustee shall be in addition to the signature of any witness to the execution of such contract or instru­ ment.

(5) A contract not executed as provided in this section shall not be binding on the Board.

24. Tenders.-( I) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods, which mvolves an expenditure exceeding five thousand rupees, the Chairman shall give notice by advertisement in local new:>papers, inviting tenders for such contract.

(2) In every such case the Chairman shall place before the Board the specifications, conditions and estimates and ali the tenders received specifying the particular tender, if any, which he proposes to accept.

(3) In every case in which the acceptance of a tender would involve an expenditure exceedmg fifty thousand rupees, the Board shall submit to the Government the specificatiOns, conditions and estimates, and all the tenders received, specifying the particular tender, if any, the acceptance of which it proposes to sanction.

(4) Neither the Board nor the Government shall be bound to s"imction the acceptance of any tender which has been made; but the Board within the pecuniary hmits of the powers as laid down in clause

(c) of sub-section (I) of section 22 and the Government in the cases referred to in clause (d) of the said sub-section, may sanction the acceptance of any of such tenders which appears to it or them, upon a censideration of all the circumstances, to be the most advantageous, or may direct the rejection of all the tenders received.

2'>. Security for due performance of contract.-The Chairman shall take sufficient secunty for the due performance of every contract involving an expenditure exceedmg three thousand rupees • 1~

26. Supply of documents and iriformation to the Government. - ( l) tbe Chairman shall forward to the Government a copy of tho minutes or the proceedings of each meeting of the Board, withm three days from the date of the meeting.

(2) The Chairman shall, if so directed by the Government' forward to them a copy of all papers which were laid before the Board for consideration at any rneetmg.

(3) The Government may require the Chairman to furnish them with- ( a) any return, statement, estimate, statistics or other infor• mation rega1·ding any matter under the control of the Board, or

(b) a report on any such matter, or

(c) a copy of any document in the charge of the Chairman.

Officers and Servants

27. Statement of strength and remuneration of staff.-( 1) The Board shall from trme to time prepare, and shall mamtain, n statement showing- ( a) the number, designations and grades of the officers and servants (other than employees who are pa1d by the day or whose pay is charged to temporary v.ork) whom 1t considers it nel'essary and proper to employ for the purposes of th1s Act,

(h) the amount and nature of the salary, fees and allowances to be paid to each such officer or servant, and

(c) the contributions payable under section 141, iu respect of each such officer or servant.

(2) All statements prepared under sub-section ( 1) shall, so far as they refate to post the monthly salary or the maximum mouthly salary of which exceeds two hundred rupees, be subject to the previous sanc· tion of the Government.

28. Service rules .-The Board shall with the previous sane: tit n of the Govemment make rules-

(a) fixing the amount and nature of the security to be furnished by an~ officer or servant of the Board from whom it may he deemed exped•ent to require secunty ;

(b) for regulating the grant ofleave of absence, leave allow­ ances and acting allowances to the officers and servants of the Board:

Provided that a ~ervant of the Central or State Government employed as an officer or servant of the Bo4rd shall not be entitled to leave or leave allowances otherwisf' than as may be laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service ;

(c) for establishing and maintaining a provident fund, for compelling all or any of the officers or servants of the Board (other than any ~et vant of the Central or State Government in respect of whom a contribution is paid under section 141) to subscribe to the fund at such • ( • 20 tates and subjeet to such conditions as may be prescribed by such rules, and for supplementing such subscriptions out of the funds of the Board,

(d) for determining the conditions under which the officers and servants of the Board or any of them shall on retirement receive gra­ tUities or compassionate allowances and the amount of such gratuities and compassionate allowances :

Provided that it shall be at the discretion of the Board to deter• mine whether all such officers and servants or any and. if so, wh1ch of them, shall become entitled on retirement to any such gratuities or com­ passionate allowances as aforesaid.

29. .Appointing authoritzes.-(1) Subject to any rules made under sect1on 28 and for the time being in force, the power of making appointments and promotions to posts in the service of the Board, of granting leave to officers and servants holdmg such posts, of censuring, fining, withholding promotion from, reducing, suspending, removmg or dism1ssing such officers and servants for any breach of departmental rules or disciplme, or fo1 carelessness, unfitness, neglect of duty or other misconduct, and of d1scharging such officers and servants from the service of the Board for any other reason, shall be exercised by the undermentioned authorities :-

(a) In the case of posts the monthly salary or the maximum monthly salary of which does not exceed one hundred and twenty rupees and officers and servant!, holdmg ~uch posts-the Chairman.

(b) In the case of posts the monthly salary or the maximum monthly salary of which exceeds one hundred and twenty but does not exceed two hundred rupees and officers and servants holding such posts-the Board.

(c) In the case of postg the monthly salary or the maximum monthly salary of which exceeds two hundred rupees and officers and servants holdmg such posts-the Board subject to the previous sanction of the Government :

Provided that a servant of the Central or State Government or of a local authority whose services have been lent to the Board, shall not be so pumshed except by an authonty wh1ch would have been competent to do ~o, 1f his services had not been so lent, and the Chairman or the Board, as the case may be, shall be entitled only to make a recommen­ dation m that behalf to such authority.

(2) Against any order under sub-section (I) imposing any punishment on him, an officer or servant of the Board may appeal-·

(a) to the Board, if the order was passed by the Chairman, and

(b) to the Go':emment, if the order was passed by the B~rd.

30. Control by Chamnan.-The Chairman shall exercise supervision and control "ver the acts and proceedings of all officers and servants of the Board; and, subj~ct to the foregoing sections, and subject also to such control and revlSlon as may be prescnbed, shall dispose of all questions relating to the serv1ce of the sa1d officers and servants and the1r alanes, allowances and privileges, '

31. Delegation of certain of Chairman's functions.- (I) The Chainnan may, by general or spec1al order in wntmg, delegate to auy officer of the Board any of the Chairman's powers, duties or fuuctions under this Act or any rule made thereunder, except those conferred or imposed upon or vested m him by sect10ns 16, 19, 26, 107, 114, 116, 150 and 155:

Provided that- ( a) the Chairman shall not delega1e his power umler section 22 to make on behalf of the Board any contract involving an expenditure exceedmg three thousand rupees;

(b) the Chairman shall not delegate his power uncler section 29 to make appointments.

(2) The exercise or discharge by any office• of any powers, duties or functions delegated to hrm under sub-section (I) sha 11 be <>u bject to such restrictions, conditions and limitat1ons (if any) as may be laid down by the Chairman, and shall also be suhject to his control and revision.

Explanation.-Against any order of the nature 1eferred to in sub-section (2) of section 29 passed by a person lo whom the Chairman's power m that behalf has been delegated, un appeal shall lie to the Board, unless the Chariman has h1mseJr rev1sed the order of such person, in which case an appeal shall lie to tho Board against the order of the Chairman.

CHAPTER III IMPROVEMENT ScHEMEs 3!l. Power ~ Board to undertake works and incur expendlturefo.r improve­ ment, etc.-The Board may, subject to the provi~•ons of this Act, under­ take any works and incur any expenditure for the improvement or development of any area to which this Act appllcs, and for the framing and execution of such improvement schemes as may bo necessary from time to time.

33. Matters to be provided for by improvement scherne.-An improvement scheme may provide for all or any of the following mattt:rs, namely:-

(a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;

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

~c) the re-distribution of sites belonging to owners of property eompr~d in the scheme;

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

(e) the demolition of obstructive buildin~ or portions of buildings;

(f) the construction and re-construction of bulldings;

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

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

(i) the draining, water-supply and lighting of streets so constructed or altered;

(j) the provision of open spaces for the benefit of any area comprised in the scheme or any adjoining area, and for the enlarge­ ment of existing open spaces and approaches;

(k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation of and prevention of mjury or contammation to rivers or other sources and means of water-supply;

(I} the provision of accommodation for any class of the inhabitants;

(m) the advance of money for the purposes of the scheme;

(n) the provision offacilities for communication;

(o) the reclamation or reservation of land for market, gardens, afforestation, the provision of fuel and grass-supply and other needs of the population;

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

34. Types of improvement schemes.-An improvement scheme shall be of one of the following types, or a combmation of any two or more of such types, or of any specJ.a.l features thereof, that is to say-

(a) a general improvement scheme including slum clearance;

(b) a re-building scheme;

(c) a re-housing scheme;

(d) a street scheme;

(e) a deferred street scheme;

(f) a development scheme {g) a housing accommodation scheme; and

(h) a town-expansion scheme.

35. Provision of alteranate site to displaced Kudikidappukaran:-(1) Wh~re, on account of the execution of any improvement scheme under section 34, any kudikidappukaran is displaced and rendered homeless, the Board shall provide such kudikidappukaran an alternate site for the location of the Kudikidappu.

(2) Where any such kudikidappukaran is displaced and rendered homeless on account of the acquisition of any land under the proviSions of the Land Acquisition Act (Travancore Act XI of 1089), the Board 23 shall, from out of the amount of compensation payable in respect of such land, deduct an amount not exceeding tl1e sum which, under any law for the time being in force, the kudikidappukamn would be entitled to towards his share of compensation, and adjust such amount towards the cost of the alternate site provided for under sub-section (1).

Explanation:-The term "Kudikidappukaran" shall have the same meaning as has been assigned to it under the law for the time being in force providing for the protection of the 1 ights of such persons.

36. General improvement scheme.-Whenever it appears to the Board­

(a) that, in any area, any buildings used or intend<'d or likely to be used as dwelling-places are unfit for human habitation, or

(b) that danger to the health of the inhabitants of buildings in any area, or of buildings in the neighbourhood of such area is caused by-

(i) the narrowness, closeness, or bad arrangement or condition of streets or bu1ldings or groups of buildings in such area, ur

(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 pass a resolution to the effect that such area is an insanitary area, and that a general improvement scheme ought to be framed in respect of such area, and shall then proceed to frame such a scheme.

3 7. Re-building scheme.-( I) Whenever it appea1 s to the Board that any area is an msanitary area within the meaning of the preceding section and that, having regard to the comparative value of the buildings in such area and of the sites on which they aro erected, the most satisfactory method of dealing with the area or any part thereof is a re-building scheme, the Board may pass a. resolution to that effect, and shall then proceed to frame a scheme in accordance with the provisions of this section.

(2) A re-building scheme may provide for- ( a) the reservation of streets, lanes and open spaces and the enlargrnent of exiSting streets, lanes and open spaces to such an extent as may be necessary for the purposes of the scheme;

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

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

(d) the re-construction, 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 building~ in accordance with the scheme by the said owners o,; by the Board in dt·fault of the owners, upon the sites as defin<:d under the scheme;

• • I '----- 24

(e) the advance to the owners, upon such terms and conditions as to interest, sinking fund and otherwise as may be provided under the scheme, of such sums as may be necessary to assist them to reconstruct or alter exlStings building or to erect new building!> in accordance with the scheme;

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

38. Re-/uJusing scheme.-The Board ~ay frame schemes (herein called re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as it may consider necessary for persons who-

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

(b) are likely to be displaced by the execution of any improve­ ment scheme which it is intended to frame, or to submit to the Government for sanction, under this Act.

39. Street ~cheme-(1) Whenever the Board is of opinion that, for the purpose 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 pass a resolution to that effect, and shall then proceed to frame a street scheme for such area.

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

(a) the acquistion of any land which will, in the opinion of the Board, be necessary for its execution;

(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 authorized by the Board in that behalf and the laymg 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 reclamation of any land vested in, or to be acquired by, the Board for the purposes of the scheme ;

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

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

25

40. Deferred street scheme.-(1) Whenever the Board is of opinion that it is expedient for any of the purposes mentioned in section 39 to provide for the ultimate widenmg of any street by altering the exbtmg alignments of such street to improved alignments to be prescribed by the Board, but that it is not expedient immediately to ncquire all or any of the properties lying within the proposed improvr•d alignments, the Board, if satisfied as to the sufficiency of its resourres, may pass a resolution to that effect, and shall proceed to make n scheme to be called a "deferred street scheme" prescribing an alignment on each side of the street.

(2) A deferred street scheme shall provide for-

(a) the acquisition of the whole or any part of any property lying withm the prescribed street alignments Within the time-limit specified iR the scheme, which may be extended hy the Government:

Provided that such time-limit including the extensions granted by the Government ~hall in no case exceed twenty years from the date of the sanction of the scheme by the Government ;

(b) the re-laying out of all or any such property, including the construction and reconstruction of buildings by the Hoard or by any other person, and the formation and alteration of the stt cet ;

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

(b) if the Board fails to acquire or to institute proceedings for the acquiSitiOn of any property within the prcseribed alignment of any street, within the time-hm1t specified m the scheme or extended oy the Governm'ent, the owner of such property may, at any time thereafter, give the Board notice requiring 1t to acquire or to institute proceedings· for the acqwis1tion of auch property before the expiration of six months from the date of such notice, and thereupon the Board shall acquire, or imtitute such proceedings and acquire the pro\lerty accordingly ; and if the Board fails to do so it shall pay reasona >lc compensation to the owner for any damage sustained by him in cousequencr: of such failure;

{c) before proceedmg to acquire any property lying within the prescribed alignment of the•street [other than p1 operty regarding wh1ch 1t has received a notice under clause (b)], the Board shall gives ix months' notice to the owner of its intention to ucquire such property ;

{d) notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have powt'l' to prescnbe any alignment of the street w1thin the limits of the scheme,.and any such, alignment prev10usly prescribed within such limits shall cease to be the alignment of the street. · 34/4095 0 • 26

41. DtrJelopment schlme.-(1) In regard to any area to which this Act applies, the Board may, from time to time, prepare a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their in· tended width and such other deta1ls as may appear desirable.

(2) When any such scheme has been notified under section 53, the street to which it refers shall be deemed to be a projected public street.

(3) No person shall, without the permission of the Board, erect, re· erect, add to, or alter any building or wall so as to make the same project into the street alignment or beyond the building line shown in any plan so adopted.

(4) If the Board refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid a.nd if it does not proceed to acquire such land within one year from the date of such refusal, the Board shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal.

(5) When any building or wall projecting into or beyond, or adjacent, to the street alignment or building line shown in any plan adopted as aforesaid has fallen, or been demolished or bumt down, the Chairman may, by written notice, require or permit the same to be set back, or set forward, as the case may be, from or towards such street alignment or building line.

(6) When any building or wall is set back or set forward in pur· suance of a requisition made under sub-section (5), the Board shall cake full compensation to the owner of the building or wall for any damage that he may sustain thereby.

(7) If the requisition or permission under sub-section (5) to set forward any building or wall involves the inclusion within the premises of the owner of the building or wall, of any land belonging to the Board, the requisition or permission shall operate as a conveyance of such land to the said owner on the terms and conditions specified therin.

(8) Ifthe owner is dissatisfied with any of the terms and condi· tions aforesaid, he may, within thirty days after the communication to him of such terms and conditions, apply to the Chairman in .writing for a reference of his case to the Tribunal. On receipt of such applica­ tion, the Chairman shall refer the case to the Tribunal and its decision shall be final.

(9) When any scheme under this section is sanctioned by the Government, notwithstanding anything contained in the Trivandrum City Municipal Act, the Corporation shall not have power to prescribe the alignment of any street within the limits of the scheme, and any alignment previously prescribed within such limits shall cease to be the alignment or the street.

42. Housing tzCcommcdation .rcheme.-Whenever the Board is of opinion that it is expedient and for the public advantage to provide housing accommodation for any class of persons in any area, the Board may fr~e a scheme, to be ~lled a "houaing accommodation scheme",

43. Town expansion sc/zeme.-(1) Whenever the Board is of opinion th at it is"expedient and for the public advantage to control and pro­ vi de for the future exFansion or development of the City, the Board may frame a scheme to be called a "town expansion scheme".

{2) Such scheme shall ordinarily be framed in respect of an area wholly without the limits of the City, but may, in special circumstances and with the previOus sanction of the Government, be framed in respect of an area wh1ch lies wholly withm, or partly within and partly with• out the City:

Provided that the Government shall, before giving their sanction to any such scheme, ~atisfy themselves that a development scheme under ~>eCtiOn 41 in respect of the area would not be suitable.

{3) Such scheme shall specify the proposed Jay-out of the area to be developed and the purposes for wh1ch particular portions thereof are to be utilized.

(4) The provisions of clause (a) of sub-section (2) of section 51 shall not apply to a town expansion scheme under this Sf'ction, but the Board shall be reqUired to supply to the Government 1uch details as they may consider neces~ary.

(5) After any such scheme has been notified under section 55, no person shall, without the permission of the Board, erect, re-erect, add to or alter any building or wall within the area comprised in the scheme.

(6) If the Board refuses to grant permission tn any person to erect, re-erect, add to, or alter any building or wall on his land in the area afore~a1d and does not proceed to acquire such laud within one year from the date of such refusal, the Board shn.ll pay rea~ona~le com­ pensation to such person for any damage sustnmed by h1m m conse­ quence of such refusal.

(7) Nothing contained in this . section shal.l be deemed to authorize the frammg of a town expansion scheme ,m respect of any area without the limits of the City unless the provisions of this section have been apphed to such area in pursuance of section 1, sub-section

(2).

Procedure to be followed ia frnudaa oa imBprovemmentsCbemmc

44. Offuial representation.-(1) An improvement scheme may be framed by the Board on its own motion, or on an official representation by the Corporation.

(2) The official representation referred to in ~ub-1ection (1) m~y be made by the Corporation- ( a) on its own motion, or

(b) on a written application by its Commissioner, or • / • ~ 28

(c) in respect of any area comprised in any division ofthe Cit}, on a written application signed by twenty-five or more residents of such diVISIOn who are hable to pay property tax under the Tnvan­ drum City Mumc1pal Act.

(3) If the Corporation decides not to make an official represen­ tation on an)' application made to it under clause (b) or clause (c) of sub-section (2), 1t shall cause a copy of such application to be sent to the Board w1th a statement of the reasons for its deciswn.

45. Conszderation of such representation.-( I) The Board shall consider every offic1al representatiOn made under section 44 and, if satisfied as to the necessity for an rmprovement scheme on the lines recommended therem and as to the sufficiency of its resources for executing such a scheme, shall decJde whether the scheme should be framed forthwith or not, and shall intimate its decmon to the Corporation.

(2) If the Board decides that 1t is not neces~ary or -expedient either to frame an improvement scheme or to frame the scheme forth­ with, it shali inform the CorporatiOn of the reasons for its decision.

(3) If the Board fails, for a period of twelve months after the receipt of any official representation made under section 44, to intimate 1ts decision thereon to the Corporation, or 1f the Board mtimates to the Corp9rat10n Its decision that it is not necessary or exped1ent to frame an improvement scheme forthwith or decides to flame a scheme of a type other than that recommended by the Corporation, the CorporatiOn may, if it thmks fit, refer the matter to the Government.

( 4) The Government shall consider every reference made to them under sub-section (3), and- ( a) if they consider that the Board ought, in fall the circum­ stances, to have passed a deciSIOn within the period mentioned in sub­ section (3), shall direct the Board to pass a deciswn w1thm such further penod a: the Government may think reasonable, or

(b) if they consider that it is, in all the circumstances, expedient that a scheme should forthwith be framed, shall direct the Board to proceed forthwith to frame a scheme. Such a directiOn may prescribe the type of scheme to be framed.

(5) The Board shall comply with every direction given by the Government under sub-section (4).

16. Matters to be considered when framing zmprouement schemes.-When framing an rmprovement :.cheme in respect of any area, regard shall be had to--

(a) the nature and the conditions of neighbouring areas and of the C1ty as a whole ;

(b) the direct10n in which the expansion of the C1ty appears hkely to take place ; and

(c) the likelihood of improvement schemf', being required for other parts of the City .

29 4 7. Preparation, publication and transmission of notice as to ·improvement schwus, and supply of documents to applzcants.-( I) When any Improve­ ment scheme has been framed, the Board shall prepare a not1ce statmg that fact and specify- ( a) the boundaries of the area comprised in the scheme, and

(b) the places (mcluding at least one place in tl1c area com­ prised m the scheme) at wh1ch particulars of the qcheme, a map of the area compnsed m the scheme, and a statement of the land which it is proposed to acqmre and of the land m regard to which it 1s proposed to recover a betterment fee, may be seen at reasonable hours.

(2) The Board ~hall-

(a) cause the said notice to be published weekly for three con­ secutive weeks m the Gazette and m local newspapers ~pecifying the pel iod withm which objections will be rece1ved, and

(b) send a copy of the not1ce to the Commissionf"l' of the Cor· poration.

(3) The Chairman shall cause cop1es of all documents referred to in clause (b) ofsub-sect10n (I) to be dehvered to any applicant on pay­ ment of the fee prescribed by the Board.

48. Transmission to Board of representation by CmjJnration as to improve­ ment scheme.-The Comm1sS10ner of the Corporation to whom a copy of a notice has been sent under clause (b) of sub-sec:t ion (2) of sectton 47 shall, w1thm a penod of ninety days from the rec('ipt o( the sa1d copy, forward to the Board any representation which the Cm poration may think fit to make with regard to the scheme.

49. Notice of proposed acquisitzon of land.-(l) Within the thirty days following the day on which any notice is first pu bli~hed under section 47 in respect of any 1mprovement scheme, the Board :.hall ~erve a notice on-

(a) every person whose name appears in the ass,•ssment list of the Corporation or the mumcipahty or the pauchayat concerned as being primarily liable to pd.y property tax on nny bulldmg or land which 1t 1s proposed to acqlllre m executmg the scheme, or in regard to which the Board proposes to recover a betterment fee, nod

(b) the occupier (who need not be named) of r.ach premises entered in the assessment list of the Corporation or the municipality or panchayat concerned which the Board proposes to acquire in executing the scheme.

(2) A copy of the notice shall also be affixed in each !luch premises.

(3) Such notice shall- ( a) state that the Board proposes to acquire such land or to recover such betterment fee for the purpose of carrying out an improve­ ment scheme, and

(b) require such person, if he objects to such acquisition or to the recovery of such betterment fee, to state h1s reasons in writmg with• in a period of sixty days from the service of the notice.

(4) Every such notice shall be signed by the Chairman or by a person authoriZed by him m that behalf.

. •' • • 80

50. Furnishing of copies or extracts from the assessment book of the Corpora­ tion.-The Corrumssioner of tpe Corporation or the executive authority of any municipality or panchayat in which the area was previously included shall furnish the Chairman, at his request, with a copy of, or extracts from, the assessment list of the Corporation or of the munici­ pality or panchayat, as the case may be, on payment of such fees as may be prescnbed by the Government in that behalf.

51. Abandonment of imJrovement scheme, or application to Government t0 sanction it.-(1) After considering the objections and representations, if any, received in pursuance of sub-section (2) of section 47, section 48 and clause (b) of sub-section (3) of 1.ection 49, and after hearing all persons making any such objection or representation who may desire to be heard, the Board may either abandon the scheme or apply to the Government for sanction to the f>cheme, with such ~modifications, if any, as the Board may consider necessary.

(2) Every application for sanction under sub-section (1) shall be accompanied by-

(a) a description of, and full particulars relating to, the scheme and complete plans and estimates of the cost of executing the scheme ;

(b) a statement of the reasons for any modifications made in the scheme as originally framed;

(c) a statement of the objections, if any, received under section 47;

(d) any representation received under -section 48;

(e) a list of the names of all persons, if any, lwho have objected under clause (b) of sub-section (3) of section 49, to the proposed acquisition of their land or to the lproposed recovery of a betterment fee and a statement of the reasons given for such objection;

(f) a ~tatement of the arrangements, if any, made or proposed by the Board for the re-housing of persons who are h.kely to be displaced by the execution of the scheme; and

(g) such other particulars as may be prescribed by the Govern· ment.

(3) When any application has been submitted to the Government under sub-section (I), the Board shall cause notice of the fact to be published weekly for two consecutive weeks in the Ga<;ette and in local newspapers.

52. Power to sanction reject or return improvement scheme.-(1) The Government may sanction, either with or without modification, or may refuse to sanction, or may return for reconsideration, any improvement scheme submitted to them under section 51.

(2)- If a scheme returned for reconsideration under sub-section (1) is modified by the Board, it shall be republished in accordance with section 47-

(a) in every case in which the modification affects the bounda­ ries of the area comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired, and

(b) in every other case, unless the modification is, in the opinion of the Government, not of sufficient importance to require republication • Sl

53. Notification of sanctzon of improvement scheme.-(1) Whenever the Government sanct1on an improvement scheme, they shall announce the fact by notification and except in the case of a deferred strt~et scheme, development scheme or town expansion scheme, the Board shall forth· with proceed to execute the same.

(2) The publication of a {notification under sub-serlion (I) in respect of any scheme shall be conclusive ~evidence that the scheme has been duly framed and -sanctioned.

54. Alteration of improvement scheme qfter sanction.-At any time after nn improvement scheme has been :sanctioned by the Gove1nment and before it has been carried into execution, the Board mny alter or cancel it:

Provided that-

(a) if any alteration is considered likely to ~increase the estimat­ ed net cost of executing a scheme by more than five per cent or by more than Rs. 50,000, such alteration shall not be made without the previous sanction of the Government;

(b) if any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which ha'l not been sanction­ ed by the Government, the procedure prescribed in the foregoing sections of this Chapter shall, so far as it may be applicable, he follow­ ed as if the alteration were a separate scheme;

(c) if, owing to any alteration, any land not previously liable under the scheme to the payment of a betterment fee becomrs liable to such payment, the procedure prescribed in sections 47, 49 and 51 shall so far as it may be applicable, be followed in regard to such land: '

Provided further that no scheme shall be cancelled under this section without the previous sanction of the Government.

55. Combination of such scheme.-The Board may, at nny time, include in a combined scheme the improvement schemes framed or proposed to be framed for two or more areas.

56. Width of streets and l1velling etc .• th.mof -(1) No street laid out or altered by the Board shall be less than forty feet wide, if it is intend­ ed for carriage t1affic, or less than twenty feet wide, if it is intended for pedestrian traffic only:

Provided that-

(i) the width of an existing street need not be increased to the minimum required by this sub-section if, in the opinion of the Board, such increase is impracticable;

(ii) nothing in this sub-section shall apply to service passages for sanitary purposes.

(2) In every street laid out or altered by the Board, the Board shall make provision for the levelling, paving, metalling, flagging, channelling, sewering and draining of the street, aud the prov1sion ther<'in of lighting, water and other sanitary conveniences ordinarily provided in a municipality.

• • 32

57. 7 ransfer to Board for purposes of improvement scheme of building or land vested in the Corporation or in a 1 munictpality or zn a Panchayat.-( 1) Whenever any budding, or any street, square, or other land, or any part thereof, which- ( a) is situated in the City of Trivandrum and is vested in the Corporation, or

(b) is Situated in any part of a municipality constituted under tht. Travancore District Mumc1palities Act, 1116, in which this sectiOn is for the time bemg in force, and is vested in that mumcipality, or

(c) is situated in any area included within the jurisdiction of a panchayat constituted under the Travancore-Cochm Panchayats Act, 1950, in wh1ch this section IS for the time being in force, and is vested in that panchayat, is within the area of any improvement scheme and is required for the purposes of such scheme, the Board shall glVe notice accordingly to the G:>mmissioner of the Corporatwn or the executive authority of such municipality or panchayat, as the ca>e may be, and such bUildmgs, street, square, other land or part thereof shall thereupon vest in the Board.

(2) Where any land situated in the City vests in the Board under the provisions of sub-section (I) and the Board makes a declaration that such land will be retained by the Board only until it revests m the Cor­ poration as part of a street or an open space under section 67, no com­ pensation shall be payable by the Board to the Corporation in respect of that land.

{3) Where any land or building vests in the Board under sub­ section ( 1) and no declaration is made under su b-sect10n (2) in respect of the land, the Board shall pay to the Corporation, the mun1cipality, or the panchayat, as the case may be, as compensatiOn a sum equal to the market value of such land or building as on the date of the publication of the notification under section 53 ; and where any build­ ing Situated on land m respect of which a declaration has been made by the Board under sub-section (2) is vested in the Board under sub­ section ( 1), hke compesnation shall be payable in respect of such build­ ing 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 Corporation, the Board shall pay to the Cor­ poration compensation m respect of such land in accordance with the provisions of sub-section (3).

(5) If any question or dispute arises-

(a) as to whether compensation is payable under sub-section {3) or sub-section ( 4), or {b) as to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or

(c) as to whether any buddmg or street, or square or other land, or any part the1eof, is reqUired for the purposes of the scheme, the matter shall be referred to the Government whose decision shaH be final.

58. Transfer of pnvate street or square to Board for purpose oj tmprovement scheme.-( 1) Whenever any street or square or part thr1 eof which is not vested m the Board or in the CorporatiOn or in any mumcipality or in any panchayat IS required for executmg any 1mprovement scheme, the Board shall cause to be affixed m a conspicuous plal'e in or near such street, square or part, a nouce ~Igned by the Chairman, and-

(a) stating the purpose for which the st1 <·et, squnre or part ill required ; and

(b) declaring that the Board will, on or after ,t date• to be speci­ fied in the notice, take over charge of such street, square a part from the owner thereof ;

and shall simultaneously send a copy of such uottcc to the owner of such street, square or part.

(2) After considermg the objectiom (1f any) 1cceivc·d m writing hcforc the date specified under clause (b) of sub-sec:t1on (I), the Board may take over charge of such street, squa1e or part, and the same shall thereupon vest in the Board.

(3) When the Board alters 01 closes any street or squnre or part thereof wluch has vested m It under sub-section (2), it shall pay reason­ able compensation to the previous owner for 1he loss of his nght therein.

(4) If the alteration or closing of any such street, square or part causes damage or substantial inconvemence to owner~ of property ndjacent thereto or to residents m the neighbourhood, the Board- ( I) shall forthwith provide some other 11·a~onahle means of nc:ce~~ for the use of persons who were entllh·d to usc: such street, square or part as a means of access to any property or plact', and

(u) if the provision of such means of acces~ doC's not sufficiently ~ompensate any such owner or resident for such damage 01 inconven­ ience, shall also pay him rcasona~e compensation in money.

59. Provwon of drain or water-work to replace mrother s1tuated on land vested in Board under sectwn 51 or sectzon 58-(l) Whc•1 !lin any building, or street, square or other land, or part thereof, refi·11ed to in section 57 or section 58, there is any municipal or panchayat drain, water-work, electric mam or installation, ~uch dram, wa.tcr-wo1 k, clect1 ic main or install.J.tlon shall not vest m the Board until the Board ha~ provided, 1f such pcovls!On is necessary, another dram, water-work, e!,•ctnc mam or installatiOn to the satisfaction of the Corporation 01 the municipality or panchayat concerned, as the case may be.

(2) If any question or dispute arises as to wh!'thcr .mother drain, water-work, electric mam or mstallatwn is ne<'!'llsary, or as to the sufficu~ncy of any dram, water-work, electric mam or imtallatiOn pro­ vided by the Board under sub-section (l), such question or dispute shaH be refe1red to the Government, whose decisiOII thereon shall be fincll;

34/4095 • • 34

60. Bar to applicatzon of certam sections of the T rivandrum Ciry Municipal Jet to streets.-(!) Section 206, clause (c) of sub-section (I) of sec· tion 207 and section 208 of the Trivandrum C1ty Municipal Act shall not apply to any street which is vested in the Board.

(2) Sections 216, 227 and 228 of the said Act shall not apply when any drain or premises vested in the Corporation is opened or broken up by the Board or when any public street is under construction by the Board.

61. Repair and watering of streets vested in Board.-Whenever the Board allows any street vested in it to be used for public traffic, it shall- ( a) keep the street in good repair, as far as practicable, and do all things necessary for the safety and convenience of persoru; using it, and

(b) cause the street to be watered, if it considers it necessary to do so for the pubhc convenience.

62. Guarding and lighting when street vested in Board is ope11ed or hroken up, or when street is under construction, and speedy completton of work.-When~ ever any drain in, or the pavement or surface of any street vt'sted in the Board is opened or broken up by the Board for the purpose of carrying on any work, or whenever the Board allows any street which it has under construction to be used for public traffic, the Board shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and protecting adjoining buildings ; and shall, with all convenient speed, complete the said work, fill in the ground, and repair the said drain, pavement or surface, and carry away the rubbish occas1oned thereby or complete the construction of the said street, as the case may be.

63. Prevention or restrictzon of traffic in street vested ill Board, durzng pr~ gress of work.-(!) When any work referred to in section 62 1s being executed by the Board in any public street vested in it, or when any other work which may lawfully be done 1s being executed by the Board in any street vested in it, the Board may direct that such street shall, during the progxess of such work, be e~the1 wholly or partially clo:.ed to traffic generally, or to traffic of any specified description.

(2) When any such direction has been given, the Board shall, after notifying in local newspapers its intention to do so, set up in a conspicuous po~ition in or near the street an order prohibamg traffic to the extent so directed, and fix such bars, chains or posts across or m the street as it may think proper for preventing or restrictmg traffic therein.

64. Provision of faczlities, and payme11t of compmsation when work is executed by Board in publzc street vested tn it.-( l) 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 provisiora for- ( a) the passage: or diversion of traffic ;

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

and

(e) any drainage, water~upply or means of lighting wh.ids ia jJlterrupted by reason or the cx~tion of the work.

_}

(2) The Board shall pay reasonable compensation to any persOn austains c;pecial damage by reason of the execution of any such work.

65. Power qf Board to turn or close public street or .rquare rwted in it.­ ( 1) The Board may- ( a) turn, divert, d1scontinue the public usc of, o1· permanently close, any public street vested in it, or any part thereof, or

(b) discontinue the public use of, or permanently close, any public square vested in it, or any part thereof.

(2) Whenever the Board discontinues the public use nf, or perma­ nently closes, any pubhc street vested in it, or any part thereof, it shall pay reasonable compensation to every person who was rntJtle, other· wise than as a mere member of the public, to u~e such sheet or part as a means of access and has suffered damage from such discontinuance or closing, ' (3) Whenever the Board discontinues the public use of, or perrnanently closes, any public square vested in 1t, or any part thereof. it shall pay reasonable compensation to every person-

(a) who was entitled, otherwi~e than a~ a mere member of the· public, to use such square or part as a means of access, 01

(b) whose immovable property was ventilated by such square or part, and who has suffered damage-

(i) in case (a), from c;uch discontinuance or closing, or ( ii) in case (b), from the use to which the Board has put such square or part.

(4) In determining the compensation payable to any person under sub-section (2) or sub-:.ection (3), the Board shall make allowance for any benefit accming to him from the construction, provision or Im­ provement of any other pubhc street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is d1scontinued, or c1o~e<l.

(5) When any pubhc street or square vested in the Board or any part thereof, is permanently closed under su b-aection ( 1), the Board may sell, or lease so much of the same as is no 1ongrr required.

66. R4erence of disputes to Trtbunal.-(1) If any question or d1spute arises-

(a) between the Board and the previous owner of any street or square or part thereof which has vested m the lloard under section 58 and has been altered or closed by 1t, as to the sufficien<:y of the com­ pensation paid or proposed to be paid under sub-section (3) of that M:Ction,or

(b) between the Board and any person who was rntitled, other­ wise than as a mere member of the- public, to usc as a means of access any street or square or part thereof which has v~:stcd m th Board under section 58- • • 36

(i) as to whether the alteration or clo'>ing of such street, square or part causes damage or substantial inconvemence to owners of property adjacent thereto or to res1dents in the neighbourhood, or (i1) as to whether the other means of access prov1ded or pro­ posed to be provided under sub-section ( 4) of the said section 58 are reasonably sufficient, or (ii1) as to the suffic1ency of any compensation pa1d or proposed to be paid under the said sub-:.ect10n (4), or

(c) between the Board and any person, as to the sufficiency of any compensation pa1d or proposed to be pa1d to hrm under section 37, 40, 41, 43, 64, 65 or 157, the matter shall be determined by the Tribunal if referred to 1t either by the Board or by the claimant, within a period of three months fromm case (a) or ca~e (b)-the date on wh1ch the street or ::.quare or part thereof was altered or closed by the Board, and --' m case (c)-the date on which the said person was mformed of the decis1on of the Board fixmg the amount of compensation to be paid to hrm or rejectmg h1s claim to compensation;

and the determination of the Tribunal shall be final.

(2) If a reference to the Tribunal be not made within the period prescribed by sub-section (I), the decision of the Board shall be final.

(3) For the purpose of determmmg any matter referred to it under sub-section (1), the Tnbunal shall have all the powers with regard to Witnesses, documents and costs wh1ch it would have if the Land AcqulSltion Act (Travancore. Act XI of 1089), as modified by section 73 of th1s Act, were apphcable to the case.

67. Vestzng zn Corporatzon of streets lazd out or altered , and open space provuied, by the Board under an improvement scheme.-( l) Whenever the C01 porat10n is satisfied- ( a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided m the plans sanctioned by the Govern­ ment under sectiOn 52, and

(b) that such lamps, lamp-posts and other apparatus as the Cor­ poratiOn considers necessary for the lightmg of such street and as ought to be provided by the Board have been so prov1ded, and

(c) that water and other samtary conveniences ordinarily pro­ \·ided in the City have been duly provided in such street, the Corporaw tion shall, after mforming the Board of its intention to do so by written notice affixed in some conspicuous position in such street, declare the street to be a pubhc street; and the <>treet shail thereupon vest in the Corporation, and shall thenceforth be maintained, kept m repair, lighted and cleansed by the Corporation.

(2) Whe~ any open space for purpose::. of ventilation or recreation has been prov1ded ~y the Board m executing any improvement scheme, 1t shall, on completiOn, be transferred to the Corporatwn by resoluhon of the Board, and shall thereupon vest in, and be maintained at the expense of, the Corporation:

' _, 31

Provided that the Corporation may require the Board, beftne any such open space is so transferred, to enclose, level, turf, dram and lay out such space and provide footpaths therein, and, if necr'Ssary, to pro­ vide lamp:. and other apparatus for lighting it.

(3) If any difference of opinion arises between the Board and the CorporatiOn m rel'pect of any matter referred to in the foregoing provi­ sions of this section,the matter shall be referred to thr. Government whose decision shall be final.

68. Applitatzon of section 67 to municipalztzes or /Janchayats.--If section 67 be apphed, by notificatiOn under sub-section (2) of section l, to any murucipality or panchayat in the neighbourhood of the City, it shall be construed as tf the references therein to the Corpnration were references to such mumctpahty or panchayat.

69. Power of Board to retazn service passages.-Notwitltstanding any­ thing con tamed in :.ection 67 or sect1on 68, the Hoard may retain any :.ervice passage which it has laid out for sanitary purposes, and may enter into an agreement with the Corporation or any other person for the su pervisLOn, repair, lighting and general managemeu t of any passage so retained.

CHAPTER IV AcQ.UISITION AND DisPOSAL OF LAND

70. Pswer to purchase or leass by agreement-The floard may enter into an agreeml"nt With any person for the acquisition from him by purchase lease or exchange of any land or interest m land, which the Board is authorised to acquire for any of the purpose of this Act.

71. Power to acquzre land under the Land Acquisitwn Act.-The Board may, With the previous sanction of the Govemme11t, acquir~ land under the p~visions of the Land Acquisition Act (Travancore Act XI of 1089) for carrying out any of the purposes of this Act. ·

72. Trzbunal to be constztuted.-The Govemment mny, if they think fit constitute a Tribunal as provided in sect1on 74 for the purpose of per­ forming the functions of the Court in referePlce to the acquisition ofland for the Board under the Land Acquisition Act (T1avancore Act XI of 1089).

73. Modification of the Land Acquisition Act.-For the purpose of acqui­ ring land for the Board under the Land Acquisition Act (Travancore Act XI of 1089)

(a) the said Act shall be subject to the modificntions specified in the Schedule; and

(b) in case a Tribunal is constituted under sec lion 74,-

(i) the Tribunal shall (except for the purposes of section 38 of that Act) be deemed to be the Court and the Pres1dent of the Tnbunal shall be deemed to be the judge thereof;

(ii) The Pres1dent of the Tribunal shall hJvc power to sum­ mon and enfurce the attendance of witnesses, nnd to compel the produc­ tion of documents by the same means, and (so fat as may be) in the • • ' .

38 same ~nner, as is provided in the case of a Civil Court under the Code ofCivil Procedure, 1908; and

(iii) the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act (Travancore Act XI of 1089), and shall be final.

74. Consitztution of Tnbunal.-(1) The·Tribunal shall coiUist of three members, namely, a President and two assessors.

(2) The President of the Tribunal shall be an officer who has held a judicial office not inferior in rank to that of a District Judge.

(3) The President of the Tnbunal and one of the nssessors shall be appointed by the Government and the other asloessor shall be appointed by the Corporation:

Provided that if the Corporation fails to make an appointment w1thin one month after it is required so to do by the Government, the appointment shall be made by the Government.

(4) No person shall be eligible for appointment as a member of the Tribunal if he is a Trustee or 1s, for any of the reasons mentioned in in section 7, disqualified for appointment as a Trustee.

{5) The term of office of each member of the Tribunal shall be three years; but any member shall, subject to sub-section {4), be eligible for re-apointment at the end of that term.

{6) The Government may, on the ground of incapacity or mis'" behaviour, or for any other good and sufficient reason, remove any member of the Tribunal from office.

(7) Every vacancy, whether permanent or temporary, in the office of a member of the Tribunal shall be filled in accordance with the pro.

visions of sub-section (3).

(8) All appointments made under this section shall be notified in Gazette.

75. Remuneratzon of members of Tnbunal-A member of the Tribuna shall be entitled to receive such remuneration, by way of salary or fees or both, as the Government may prescribe.

76. 0 fficers and servants of T nb(mal.-( 1) The President of the Tri· bunal shall from t rne to time, prepare a statement showing-

(a) the nur. ber and grades of the clerks and other officers and servants whom he considers should be employed for carrying on the business of the Tribunal,

(b) the amount of the salary to be·paid to each sUch officer or servant, and

(c) the contributions payable under section 141 in respect of each such officer or servant who is a servant of the Central or State Govern­ ment.

(2) All statements prepared under sub-section (I) shall be subject to the previous sanction of the Government. .

{3) The President of the Tribunal shall, with the previous sanction of the Government, make rules-

(i) for regulating the grant of leave of absence, leave allow­ ances and acting allowances to the officers and servants of the Tribunal:

39

Provided that a servant of the Central or State Government em­ ployed as an· officer or servant of the Tribunal shall not be entitled to leave or leave allowances otherwise than as may he laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service;

(ii) for establishing and maintammg a provtdent fund, fot com­ pelling all or any of the officers or servants of the Tribunal (other than any servant of the Central or State Government in respect of whom a contribution is paid under section 141) to sub~crihc to the fund, at such rates and subject to such conditions as may be prc~cribed, and, with the sanction of the Board, for supplementing such sub,c:riptions out of the funds of the Board ;

(iti) for dctermmm~ the condttions under which the officers and servants of the Tribunal, or any of them, shall, on ret it ement, receive gratuities or compassiOnate allowances and the :cmount of such gratui­ ties and compassionate allowances

Provided that it shall be at the discretion of the Trihunal to deter­ mine whether all such officers and ~ervant~ or any and, if so, which of them, shall become entitled, on rctirrment lfl nny -;uc:h gratuities or compassionate allowance<; as afore,atd.

(4) Subject to any rules made under suh-,r.u.on (3) and for the time being in force, the power of makmg appowtmcnts nnd promotions to posts m the service of the Tribunal, of granting Jr.,vc: to officers and servants holding such posts, of cemuring, fining, wcthholcling promotion from, reducmg, suspendmg, removing or dismissmg such officers and servants for any breach of departmental rules or discipline, or for care­ lessness, unfitness, neglect of duty or other misconduct nnd of discharg­ ing such officers and servants from the service of the Tnbunal for any other reason, shall be exercised by the President of the Tnbunal.

77. Ptgments by Board on account of Tribunal.- The awount necessary for the payment of remuneration, 1alaries, leavr nllowauces and acting allowances in accordance with sections 75 and 76 shall be provided by the Board.

78. Power to make rules for T ribu1!Lll.-(l) The Pt es1dcnt of the Tribunal may, from time to time, with the pt evious sanctiOn of the Government, make rules, not 1 epugnant to the Code of ( :1vil Procedure, 1908 (Central Act 5 of 1908), for the conduct of busmess by the Tribunal.

(2) All such rules shall be published in the Cazettr.

79. Award of Tribunal Jww to be determined.-{ 1) In any proceeding before the Tribunal, the decision on all questiou~ of law and procedure (including question" as to whether anything i~ a question of law or procedure) shall rest solely with its President, aud on all other questions m the event of disagreement between the members, the opmion of the majority shall ptevail.

(2) Every award of the Tribunal, and every order made by the Tribunal for thesyment of money, shall be enforced by the Court of the Subordinate udge exercising jurisdiction over the nrea. as 1fit were a decree of that , • • 40

80. Payment of betterment fee.-(l) When by the making of any improvement scheme, any land in the area compnsed m the scheme wh1ch 1s not requi1ed for the execution thereof w!ll, in the opimon of the Boa1d, be increa5ed m value the Board, m frammg the scheme, may declare that a betterment fee shall be payable by the owner of the land or any person having an in~rest therein in 1espcct of the mcrease in value of the land resulting from the execution of the scheme :

Prov1ded that the Government may, subject to such restnctions and cond1t10ns as may be prescnbed and after consultmg the Board, exempt any person or class of persons from the liability to pay better­ ment fee under the provlSlons of this Act, if they are satisfied that having regard to the econom1c conditions of such person or class of persons, their ability to pay such fee, and such other considerations as may be pre~cnbed, such person or class of persons should be so exempted.

(2) Such increa~e in value shall be the amount by wh1ch the value of the land on the completion of the execution of the scheme estima­ ted as 1f the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner; and the betterment fee shall be one-third of such increase in value.

81. Asse,sment of betterment fee by Board.-( I) When it appears to the Board that an Improvement scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall by a resolution pa~sed in this behalf declare that for the purpose of determining such fee the execution of the scheme shal! be deemed to have been completed and shall thereupon give notice in wnung to eve1 y person on whom a notice m respect of land to be assessed has been served under clause (a) of sub-section (I) ofsection49, or to the suc­ cessor m inte1cst of such person, as the case may be, that the Board propose~ to assess the amount of the betterment fee payable in respect of such land under section 80.

(2) The Board shall then a~ss the amount of betterment fee payable by each person concerned after giving such person an oppor­ tunity to be heard and slllch person shall, within three months from the date of receipt of notice in writing of such assessment from the Board, inform the Board in writing whether or not he accepts the assessment.

(3) When the assessment proposed by the Board is accepted by the person concerned within the period specified in sub-sect10n (2), such assessment shall be final.

(4) If the person conce1ned does not accept the assessment made by the Board 01 fails to give the Board the mformation required by sub­ section (2) w1thm the period specified therem, the matter shall be determined by an ~rb1trat01 appointed by the Government.

82. Settlement of betterme11t fie by arbitrator.-(!) If the Govc1 nment are satisfied after ~uch mquiry as they think fit that any arbitrator appointed under sub-section (4) of section 81 ha, misconducted himself, they may remove him, 41

(2) If any such arbitrator dies, resigns, is removed, cr refuses to perform or in the opinion of the Government neglects to perform or becomes disqualified for or incapable of performing his functions, the Government shall forthwith appoint another arbittntor.

(3) When the arbitrator has made his award, he shnll sign it and forward it to the Board, and such award shall, subject to the prov1sions of sub-section (4), be final and conclusive and bmding on nil persons.

(4) Any party aggrieved by an award may, within three months from the date of the commumcation thereof, appeal to the District Com t exercising jurisdiction m the City, and the decision of the Judge of the said District Court shall be final and conclusive aud binding on aiJ prrsons.

03. Fee for arbitrator.-The Board shall pay to the arbitrator a fee to be determined by the Government in respect of the whole of the scheme for which his services are utilized.

M. Powers and duties of arbitrator.-( I) The a1 bitrator shall give notice of his proceedings and conduct them in the manuer prescribed by the Government and communicate his award to tlu: parties con· cerned :

Provided that every party to such proceedings shall be entitled to appear before the arbitiator either in person or by llis authorized agent.

(2) The arbitrator shall have all the powers of a civil court und<..

the Code of Civil Procedure, 1908 (Central Act 5 of 19011), for the pur­ pose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documc11ts and other material objects.

(3) The costs of and incident to all proceedings lmfore the arbi­ trator shall be in his discretiOn and the arbitrator ~lmll have full power to determme by whom or out of what property and to what extent such costs are to be paid and to give allut'cessary d1rect10ns for the purpose.

fl5. Board to give notice to persons liable to paymmt of b~tterment fee.­ When the amount of all betterment fees payable in respect of land m the area comprised m the scheme has been detennincd u11der section 81 or section 82, as the case may be, the Board shall, hy a notice in wliting to be served on all persons liable to such payment, fix a date by which such payment shall be made, and interest at the rate of four and a half per cent per annum upon any amount outstanding shall be payable from that date :

Provided that any person liable as aforesaid may make payment, if he so chooses, in such number of equal annual in!lta\mcnls not exceed· ing ten as the Board may determine, the amount of <·ach instalment being fixed by the Board in such a manner that the total ~urn recovered from such persons is equivalent to the. amount due from him together with interest calculated at the rate of four and a half per cent per 34/4095 -' • • 42 annum on the amount or so much thereof as may, from time to time, remain unpaid.

86. Agreement to make betterment fee a charge on land.-(1) Any person liable to pay a betterment fee 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 outstandmg as a charge on his interest in the land, subject to the payment in perpetuity of mterest at the rate of l>ix per cent per annum, the first annual payment of such interest to be made one year from the date referred to m section 85.

(2) Every payment due from any person in respect of a betterment fee and every charge referred to m sub-section (I) shall, notwithstand­ ing anything contained m any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equita­ ble, created e1ther before or after the commencement of this Act, be the first charge upon the mterest of such person in such land, subject to the prior payment ofland revenue, if any, due to the Government on such land.

(3) If any instalment of interest due under an agreement executed in pursuance of sub-sectiOn (I) be not pa1d on the date on which it is due, the betterment fee shall become payable on that date, in addition to the said instalment.

{4) At any time after an agreement has been executed in pursu­ ance of- sub-section (I), any person may pay off the charge created thereby, with the interest due up to the date of such payment.

(5) When an agreement in respect of any land has been executed by any person in pursuance of sub-section· (I), no suit with respect to such agreement shall be brought against the Board by any othe1 person (except an heir, executor or admmi5trator of the person first aforesa1d) cla1ming to have an interest m the land.

87. Recovery of money payable in pursuance of section 81, 82, 85 or 86.­ All money payable in respect of any land by any person in respect of a betterment fee under section 8 I, sectwn 82 or section 85 or by any person under an agreement executed m pursuance of sub-section (I) of section 86, shall be recoverable by the Board (together with interest due up to the date of realization at the rate of four and a half per cent per annum), from the said person or h1s successor in interest in such land, in the manner provided by the Trivandrum C1ty Mumcipa) Act for the recovery of taxes and, 1fthe sa1d money IS not so recove1ed, the Chair­ man may, after givmg pubhc notice of his intention to do so, and not less than one month after the publication of such notice, sell the interest of the sa1d person or successor in such land by public auction, and may deduct the sa1d money and the expenses of the sale from the proceeds of the sale, and shall pay the balance (1fany) to the defaulter.

88. Board to appoint persons for enforcemmt of processes for recovery of dues.-The Board may direct by what authonty any powers or duties incident under the Tnvandrum CJty Municipal Act to the enforce ment of any process for the .recovery of taxes shall be eKercised anC:

performed when that process i11 employed under section 87 .

4:3

89. Agreement or payment not to bar acquisition under fresh declaration.­ lfany land in respect of which the payment of a betterment fee has been accepted in pursuance of su b-sect10n (3) of section 81 or has been made after Its determination under section 82 or section 85 or in respect of which an agreement regarding the bette• ment fee has been executed under section 86, be subsequently required lor any of the pur­ poses of this Act, the payment or agreement shall not l1e deemed to prevent the acquisition of the land in pursuance of a fresh declaration pu bhshed under section 6 of the Land Acquisition Act (Tmvancore Act XI of 1089).

90. Power to dispose of Land.-( 1) The Board may relnin, or may lease, sell, exchange, or otherwise dispos.'! of, any land vested in or acquired by 1t under this Act.

(2) Whenever the Board decides to lease or S«•ll any land acquired by it under th1s Act from any person, itand

(a) shall give notice by advertisement in the local newspapers,

(b) shall offer to the said person, or his heirs, «:xecutors or administ1 ators, a prior right to take on lease or to purchase such land for an amount or at a rate to be fixed by the Board, if the Board consider:o that such an offer can be made without detriment to the carrying out of the purposes of thi~:> Act.

{3) If in any case two or more persons claim to have the prior right referred to in clause (b) of sub-section (2), preference shall be given to the person who agrees to pay the higher or the highest amount or rate for the land not bemg less than the amount or rate ftxed by the lloard under that clause.

CHAPTER V FINANCE

91. Annual grants and contributwns .-(I) The Government shall, till 11uch time as they may determme, pay to th<' Board nn annual grant of such amount as may be fixed by the Government from timo to time.

(2) The Corporation shall contribute to the Board on the first day of April every year a. sum equal to two per cent of 1ts gross annuc:1l revenue:

Provided that the Corporation shall pay the contribution for the fmancial year 1960-61, on such date as may be fixed by Government by notification in that behalf.

(3) The annual payment due from the Corporation under sub.

sectien (2) shall be made in priority to all other payments due from it, except those referred to in section 15 7 of the Trivandrum City Munici­ pal Act (Travancore Act IV of 1116).

92. Board to be a local authori(y within the meaning qf the Loral Authorities LoaiU Act.- ( 1) The Board shall be deemed to be a local nuthority, as defined m the Tr.wancore-Cochm Local Authorit1cs Loa111 Act, 1951, • • 44 for the purpose ofborrowing money under that Act, but the provisions of that Act and of the rules made thereunder shall have effect subject to the provisions contained in th1s Act.

(2) The Board shall also have power to borrow money from the Government on such terms as may be approved by them.

93. Loans from banks.-Whenever the borrowing of any sum of money has been approved by the Government, the Board may, mstead of borrowmg such sum or any part thereof from the public, take credit from any bank, on a cash account to be kept in the name of the Board to the extent of such sum or part and, with the previous sanction of the Government, may grant mortgages of all or any property vested in the Board by way of security for such credit.

94. Dzuerston of borrowed money to purposes other than those first approved.­ Whenever any sum of money has been borrowed by the Board for the purpose of meeting particular expenditure or of repaying a particular loan, no portwn thereof shaJI be apphed to any other purpose Without the prevwus sanction of the Government.

95. Form, signature, eYchange, transfer and effect of debentures.-(1) When­ ever money IS borrowed by the Board on debentures, the debentures shall be m such form as the Board may, with the previous sanction of the Government, determme.

(2) Ali debentures shall be signed by the Chairman and one other Trustee.

(3) The holder of any debenture in any form prescribed under sub-sectiOn (I) may obtam in exchange therefor a debenture in any other form so prescnbed, upon such terms as the Board may deter­ mine.

(4) Every debenture issued by·the Board shalJ be transferable by endorsement, unles~ some other mode of transfer is specified therein.

96. Szgnature of coupons attached to debentures.-AIJ coupons attached to debentures 1ssued under this Act shall bear the signature of the Chair­ man; and such signature may be engraved, lithographed or 1m pressed by any mechanical process.

97. Pa_yments to survivors of joint payees -When any debenture or secunty IS~ued under this Act is payable to two or more persons jomtly, and either or any of them dies, then, notwithstanding anythmg con­ tained m sectiOn 45 of the Indian Contract Act, 1872 (Central Act 9 of 1872), the debenture or security shall be payable to the surv1vor or survivors of such persons:

, Provided that nothing in this section shall affect any claim by the representative of the deceased person against such survivor or survivors.

98. Recezpt ~v ;oint holder for interest or dzuzdend.-Where two or more pcrwns are jomt holders of any debenture or secunty issued under this Act, any one of such persons may give an effectual receipt for any Interest or d1v1dend payable in re~pect of such debenture or security, unless notice to the contrary has been given to the Board by any other of such person f.

i ) 45

99. Priority if payments for interest and repayment of loans.-All payments due from the Board for interest on, or the .repayment of loans, shall be made in prionty to all other payments due from the Board.

100. Repayment of loans taken under sectzon 95.-Every loan taken by the Board shall be repaid w1tlun the penod approved by the Govern­ m<'nt and, subject to the provisions of sub-sectwn (2) of scc:tion 123, by such of the following methods as may be so approved, namely:-

(a) from a smking fund established under section 101 in respect of the Joan, or

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

(c) if the Board has, before borrowing money 011 debentures, reserved by pubhc notice a power to pay off the loan by periodical instalments and to-select by lot the particular dcbcntun·s to be diS­ charged at particular penods then, by paying such instahucnts at such periods, or

(d) from money borrowed for the purpose, or

(e) partly from the sinkmg fund established under section 101 in re!pect of the Joan, and partly from money borrowed for the purpose.

10 l. Establishment and maintenance if sznkzng jurzdr .-(I) Whenever the Government have approved the repayment of a Joan from a smking fund, the Board sha!l establish such a fund, and shaH p.ty into it every year, until the loan is repaid, a sum so calculated that if Iegularly paid throughout the period approved by the Government, it would, with accumulations in the way of compound interest, he sufficient, after pay­ ment of all expenses, to pay off the loan at the encl of that period.

(2) The rate of interest on the basis of which the sum referred to in sub-section (I) shall be calculated shall be such a!! may be prescribed by the Government.

102. Power to discontinue payments into sinking frmd.-Notwithstanding nnything contained in section 10 I, if at any tlffie the sum standmg at credit of the sinkmg fund established for the repayment of any Joan is of such amount that, if allowed to accumulate at the mte of interest prescnbed under sub-section (2) of that sectwn, it will be sufficient to repay the loan at the end of the period approved hy the Government, then, with the permission of the Government, further annual payments into such funds may be dtscontinued.

103. Investment if stnkingfunds.-(1) All money paid i11to any sinking fund shall as soon as poSSible be invested, under the orders of the Board, in-

(a) Government securities, or

(b) securities guaranteed by the Central or any State Govern­ ment, or

(c) debentures issued by the Corporation, or

(d) debentures issued by the Board, in the joint names of the Secretary to the Government ofKerala in the Fmance Department and the Member, Board of Revenue, m charge of Housing, lo be held by them as trustees for the purpose of repaying from time to time the debentures issued by the Board.

• •

(2) All dividents and other sums received in respect of any such investment shall, as soon as po~s1ble after receipt, be paid into the appropriate sinking fund and invested m the manner prescnbed by sub­ section ( 1).

(3) Any investment made under this section may, from time to time, subject to the prov1sions of sub-sect10n (I), be varied or trans­ posed.

104.' Appluatwn of sinking funds.-The two trustees referred to in sub­ secuon ( 1) of section 103 ill whose names any sinking fund is invested may, from t1me to time, apply the same, or any part thereof, in or towards the d1scharge of the loan or any part of the loan for wh1ch such fund was estabhshed; and unt1l such loan is wholly d1scharged, ~hall not apply the same for any other purpose.

105. Annual statements by trustees.-( 1) The two trustees aforesaid shall, at the end of every financial year, transmit to the Chairman a statement showing-

(a) the amount wh1ch has been invested during the year under section 103,

(b) the date of the last investment made previous to the trans­ mission of the statement,

(c) the aggregate amount of the securities held by them,

(d) the aggregate amount which has, up to the date ofthe state­ ment, been apphed under section 104 ill or towards repaying loans, and

(e) the aggregate amount alredy paid mto each sillking fund.

(2) Every such statement shall be laid before the Board and publi­ shed in the Gazette.

106. Annual examination of sinking funds.-( I) The Examiner of Local Fund Accounts, Kerala, shall examme the said sinking funds every year and ascertain whether the cash and the current value of the securities at cred1t of such funds are actually equal to the amount wh1ch would have accumulated had mvestments been regularly made and had the rate of interest as originally estimated been obtamed therefrom.

(2) The Board shall forthw1th pay into any sinkmg fund any amount which the Examiner of Local Fund Accounts may certify to be the deficiency therein after examination as aforesaid, unless the Govern­ ment specially sanction a gradual readjustment.

107 Estimates of income and expendtture to be laid annualry before tM Board.-(!) The Chairman shall, at a special meetmg 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 financial year.

(2) Every such estimate shall make provis10n for the due fulfilment of all the hab1hties of the Board and for the efficient administration of this Act.

(3) Every such estimate shall d1fferentiate cap1tal and revenue funds, and shall be prepared in such form, and shall contain such details, as the Government or the Board may, from time to time, direct .

47

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

108. Sanction of Board to estimates.-The Board shall consider every estimate ~o laid before it and shall sanction the same, r.ither without alteration or with such alteration as it may think fit.

109. Approval of Government to estimates.-(!) Every Ruch estimate, a'l sanctioned by the Board, shall be submitted to the Government who may, at any time within two months after receipt of the ftame,-

(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 i~ so returned to the Boat d, it "hall forthwith pt occed to amend it and shall resubmit the estimate as nmended to the Government who may then approve it.

110. Transmission of copy of estimate to the Commissiotztr.-A copy of every such estimate shall, when apfroved by the Govet runent, be sent by the Board to the Commissioner o the Corporation ofTrivandrum.

111. Supplementary estimates.-(!) The Boarcl 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-sections (3) and (4) of S1:ction 107 and of sections 108 to II 0 shall apply to every supplementary estimate.

112. Adherence to estimate and maintenance of closing balance.-( I) 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 cam be met by reappropriation or by drawing on the closing balance.

(2) The closing balance shall not be reducecl below such limit as may be Hxed in this behalf by the Government from time to time.

(3) The following items shall be exempted from the provis10ns of sub-~ections ( 1) and (2), namely:-

(a) repayments of moneys belonging to contractors or other persons and held m deposit, and of moneys colJectcd by 1 or credited to, the Board by mistake;

(b) payments due under a decree or order of a court or under an award of the Tnbunal;

(c) sums payable under a compromise of nny suit or other legal proceeding or clatm effected under this Act;

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

(e) Payments required to meet any pressing emergency.

{4) Whenever any sum exceeding five thousnnd rupees is expended under clause (e) of sub-section (3), the Chairman shall lorthwith repor the circumstances to the Government explainmg how tho Board proposes to cover the expenditure.

• • 48

113. Receipt of moneys and deposit in bank.-All moneys payable to the Board shall be received by the Chairman, and shall forthwith be paid into such bank as may be approved by the Government in this behalf to the credit of an account which shall be styled "The Account of the Trustees for the Improvement of the City of Trivandrum".

I 14. Investment of surplus monry.-(1) Surplus moneys at the credit of the said account may from time to time be- ( a) deposited at interest in the bank aforesaid; or

(b) invested in such securities or debentures as may be approved by the Government.

(2) All such deposits and investments shall be made by the Chairman on behalf of, and with the sanction of, the Board; and, with · the like sanction, the Chairman may at any time Withdraw any deposit so made, or dispose of any securities, and re-deposit or re-invest the money so Withdrawn or the proceeds of the disposal of such securities.

I 15. Payments by cheques.-(!) No payment shall be made by the bank out the account referred to in section l 13, except upon a cheque.

(2) Payment of any sum due by the Board exceeding one hundred rupees in amount shall be made by means of a cheque and not in any other way.

II6. Signature of orders under section I 14 and cheques.-All orders for making any deposit, investment, withdrawal or disposal under section II4, and all cheques referred to in section IlS, must be signed-

(a) by the Chairman and the Secretary to the Board, or

(b) in the event of the illness or absence from the City of the Chairman or the Secretary, then by the Secretary or the Chairman, as the case may be, and by a Trustee other than the Chairman.

I I 7. Duty of chazrman and others before signing cheque.-Before the Chairman or any other Trustee or the Secretary to the Board signs a cheque under section I I 6, he must satisfy himself that the sum for which such cheque is drawn is required for a purpose or work iipeci­ fically sanctioned by the Board or IS an item of payment specified in sub-section (3) ofsection Il2.

IIB. Definition of "cost of management" .-(1) The expression "cost of management" as used in the.following sections in this Chapter, means- ( a) the salary and house-rent and conveyance allowance (if any) of the Chairman OI acting Chairman, and any other allowances and any contributions payable to or in respect of the Chairman or acting Chairman;

(b) the salaries, fees and allowances of, and the contributions paid under section 141 in respect of, officers and servants of the Board referred to in section 27;

(c) the remuneration of other employees of the Board excep.

employee~ who are paid by the day or whose pay is charged to temporary work;

(d) all payments made under sections 77 and 141 on account of the Tribunal; and

(e) all office expenses incurred by the Board or the Tribunal • OE.' n·.·,..~·r I Rq.\RY.

- • • 1 I rt oJ • '' 1 ' 4-U • I. \ • • , , LA. ~ ; ), r _ I lo '

(2) The expression "office expenses" m clau~£ {e)_ of sub-section ....

(I) meam expenses incurred for carrying on office work, nnd includes the rent of offices, the provision of lurniture therefor, and charges for printing and stationery.

119. Keeping of capttal account and revenue account -(I) The Board shall keep n capital account and a revenue accourit.

(~) The capital account :.hat! show separately all expenditure incurred by the Board on each improvement scheme.

120. Credits to caprtal account.-There shall be credited to the capital account- ( a) all sums (except interest) received lty way of betterment fees under this Act;

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

(c) the proceeds of the sale of any land belonging to the Board which was purchased out of any such loan;

(d) where land was purchased out of an ndvanre from the revenue account, the portion of the proceeds of the sale or such land which remains after crediting to the revenue account the amount of such ndvnnce;

(e) the proceeds of the sale of any movable prope1 ty (including secUJ ities for money mvested from the capital account) belonging to the·Bonrd;

(f) all lump sums received f10m the Gove111ment i11 aid of the capital account;

(g) all premia received by the Board in conlii'XIOII with leal>e~ for nny term exceedtng forty years;

(h) all sums (if any) wh1ch the Government direct under sub­ section (2) of section 123 to be credited to the capital accouut; and

(1) all moneys resulting f1 om the sale of securities by direction of the Government under section 124.

121. Appltcation of capital account.-The moneys credited to the capital account shall be held by the Board in tt ust, and shall be applied to-

(a) meetmg all costs of framing and executing improvement iCheme~;

(b) meeting the cost of acqumng land for carry111g out any of the purpo~es of this Act,

(c) meeting the cost of constructing building~ required for carrying out any of the purposes of th1s Act;

(d) the repayment of loans from money borrowed in pursuance of thi.J Act,

(e) making payments in pursuance of section 14 G, othrrw~e than for interest or for expenses of maintenance or working;

(f) making, or contributing towards the cost of surveys m pw'Suuncc of section 163;

34/4095 • • 50

(g) meeting such proportiOn of the cost of management as may be prescribed by the Board;

(h) temporarily making good the deficit (1fany) in the revenue account at the end of any financial year.

122. Credtts to revenf!e account.-There shall be cred1ted to the revenue account-

(a) all interest received in pursuance of section 86 or section 87;

(b) all sums contributed by the Government and by the Corporation under sect1on 91;

(c) all annually recutring sums received from the Government in aid of the funds of die Board;

(d) all damages received by the Board under section 158;

(e) all premia received by the Board in connexion with leases for any term not exceeding forty years;

(f) all rents of land vested in the Board; and

(g) all other receipts by the Board which are not reqUired by section 120 to be credited to the capital account.

123. Applicatwn of revenue account.- (l) The moneys credited to the revenue account shall be held by the Board in trust, and !>hall be applied to-

(a) meeting all charges for mterest and smking fund due on account of any loan taken m pursuance of this Act, and all other charges incurred in connex10n w1th such loans;

(b) paying all sums due from the Board in respect of rates and taxes imposed under the Tnvandrum City Mumcipal Act, upon land vested in the Board;

(c) paying the cost (if any) of maintaining a separate e~tablish­ ment for the collectiOn of the rents and other proceeds of land vested in the Board;

(d) paymg the fees determined for arbitrators under section 83,

(e) paying all ~urns which the Government may d1rect to be paid to any auditor under sectwn 130,

(f) making payments in pursuance of section 146 for mterest or for expenses of maintenance or working;

(g) paying the cost of management, excludmg such proportion thereof as may be deb1ted to the capital account under clause (g) of section 121 ;

(h) paying all other sum~ due from the Board other than those which are required by !>ection 121 to be disbursed from the capital account.

(2) The surplus (if any) remaming after makmg the payment) referred to in sub-sec•ion (I) shall, subJect to the maintenance of a closing balance as required by sub-section (2) of section 112, be invested in the manner prescribed in section 103 towards the service of any loans outstanding after the expiry of sixty years from the commencement of this Act, unless the Governmeat otherwise direct • . .

51

124. Power to dzrect sale of secuntzes zn whtch any surplus qf the revenue account is invested.-! f at any time after any surplus refen ed to in sub­ section (2) of section 123 has been inveited, the Government are aat1sfied that the mvestment is not needed for the service of any loan referred to in that sub-section, they may direct the sale of the securities held under the mvestment.

125. Advances from revenue account to capital account.-( 1) Notwith • standmg anything contained in section 123, the Board nmy advance any sum standing at the credit of the revenue account for the purpose of meetmg cap1tal expenditure.

(2) Every such advance shall be 1efunded to the revrnue account as soon as may be pract1cable.

126. Aduances from capztal account to reuenue account.-( I) Any deficit in the revenue account at the end of any financial year mny be made good by an advance from the capital account.

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

127. Submtsszon of abstracts of accounts to Gouemment.-At the end of each half of every financial yea1, the Board shall submit to the Govern­ ment an abstract of the accounts of its receipts and expenditure for

1.uch half-year.

128. Annual audzt of accounts -The accounts of the Board shall be examined and audited once in every financial year by such auditor as the Government may appoint in thi~ behalf.

129. Powers of audztors.-The said auditor may-

(a) by summon!> in writing require production of any document, the perusal or examination of which he believes neces~ary for the elucidation of the accounts;

(b) by summons in wnting require any person who hal> the custody or control of any such document or who is accountable there­ for to appear in person before him;

(c) require any person ~o appearmg to make and sign a declara-­ tion with respect to such document or to answer any question or to prepare and furnish any statement relating thereto,

130. Remutze1atzon of audztor.-The Board shall pay to thn said auditor aurh remuneration a!> the Gov·ernment may direct.

J 31. Reports and znformation to be furntshed by audztnr to the Board.-( 1) The said aud1tor l>hall-

(a) report to the Board and to the Government any material impropriety or irregularity which he may observe in th1: expenditure, or in the recovery of moneys due to the Board, or iu the accounts;

(b) furn1sh to the Board such information Mit may from time to time require concerning the progress of his audtt;

(c) report to the Chairman any lo~s or waste of money or other property owned by or veHed in the Board caused by nrglect or rots­ conduct, with the names of persons directly or ind1rcctly r eapousible for such loss or wa~te; and • • 52

(d) submit to the Cha1rman a final statement of the audit and a duplicate copy thereof to the Government within a period of three months from the end of the financ1c~.l year, or within ~uch other period as the Government may allow in that behalf.

(2) {a) The said auditor may dJ.Sallow every Item contrary to law and surcharge the same on the person makmg or authonzing"the makmg of the illegal payment; and may charge against any person respons1ble therefor, the amount of any deficiency or loss mcurred by the negligence or misconduct of that person or of any sum whieh ought to have been but is not brought into account by that per~on and shall, m every such case, cert1fy the amount due from 5uch person.

Explanation.-It shaJI not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding h1s neghgence or misconduct, the deficiency or loss would not have occurred but for the negligence or misconduct of some other person.

(b) The sai~ aud1tor 5hall state m writing the reasons for hio;

deciSion m respect of every diSd.llowance, surcharge or charge and furni'h 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 1s so furnished refuaes to receive 1t, he shall nevertheless be deemed to have been duly furnished with the copy, w1thin the meaning of clause {b) ; and the period of fourteen days fixed m sub-secttons (3) and ( 1) shall be calcu­ lated from the date of such refusal.

(3) Any peraon aggrieved by a d1sallowance, surcharge or charge made under sub-section (2) may, within fourteen days after he has been furnished with a copy of the decis1on of the auditor, either (a) apply to the DMrict Court exercismg jun~diction in the city, to set as1de such disallowance, surcharge, or charge in which case the Court may after takmg such evidence as It thinks necessary, confirm, modify or remit such di~llowance, surcharge or charge, with such orders as to co~ts as it may think proper in the c1rcum.,tances ; or (b) in lieu of ~uch applicat1on, appeal to the Government who shall pass such orders as they think fit.

(4) Every sum certified to be due from any person by the aud1tor under this Act shall be patd by such person to the Board withm four­ teen days after he has been furmshed with a copy of the decision of the auditor unless within that time such person has apphed to the Court or appealed to the Goyernment agamst the deciSIOn under sub-section

(3) ; and such sum if not so pa1d, or such sum as the CoUI t or the Government ihaJI declare to be due, shall be recoverable on an appli­ catiOn made by the Board to the Court in the same way as an amount decreed by it.

(5) Notwithstanding anything contained in this section, the GoT­ ernment may at any time direct that the recovery of the whole or any part of the amount certified to be due from any pet son by the aud1tor under this Act shall be waived if m their opinion such a course is neces· sary, considering all the Circumstances of the case .

53

132. Auditor's report to be sent to each Trustee and conszdued by Board.­ The Chairman shall cause the report mentioned in clause (d) of sub­ section (1) of section 131 to be printed and shall fo1ward a prmted copy thereof to each Trustee and shall bring such 1 eport before the Board for consideration at its next meetmg.

133. Board to remedy defects P8mted out by audrto1.-It sha.ll be the duty of the Board forthwtth to remedy any defects or incgulnt ities that may be pointed out by the aud1tor.

134. Publtcatwn and transmmwn of an abstract oj the accowlls.-As soon as p1 acticable after the receipt of the said report, the Board shall p1 e­ parc an abstract of the accounts to which 1t relateli, and shall publish such abstract m the Gazette and send a copy of the nbstract to the Commissioner and to the Government.

CHAPTER VI RuLE~

135. Power of the Government to make rules.-The Government may make rules consistent with th1s Act-

(a) with regard to all matters expressly required 01 allowed by this Act to be prescnbed by the Government;

(b) for 1egulating elections to the Board in 1 cspect of all matters relating to such elections whtch are not expressly p1 ovtde,l for in this Act;

(c) for regulating the proceedings of the arbit1 ator 1 eferred to in section 8~ ;

(d) for prescribing the fee~ payable for coptes of, or extracts from, the asse~sment books of the Corporation or of any other local authm ity, furmshed to the Chairman ;

(e) as to the condtuons on which officers and 1c1 vants of the Board 01 of the Tribunal may be appointed, reduced, smpended, dis­ charged, removed or dismissed ;

(f) as to the mtermedtate office or offices (1f any) through which correspondence between the Board and the Government or thetr officers shall pa~s ;

(g) as to the account~ to be kept by the Board ,

(h) as to the teturns, statements, reports and accounts to be submitted by the Boatd ,

(i) prescribing and defining the mutual relations to be observed between the Board and other local authorities in auy matler m which they are jointly mterested ;

(j) generally for the gUJdance of the Board and pubhc officers in nil matters connected with the carrying out of tlw provi~tons of this Act.

•

136. Powers of the Board to make rules.-The Board may, from t1me to time w1th the previous sanction of the Government, make rules consist· ent with th1s Act and with any rules made thereunder by the Gov­ ernment·-

(a) m regard to ail matters expressly required or allowed by this Act to be prescnbed by the Board ;

(b) for associating members w1th the Board under section 17, · (c) for appointmg persons other than Trustees and persons asso­ ciated w1th the Board under section 17 to be members of Committees under section 18 ;

(d) for regulating the delegation of powers or duties of the Board to Committees or to the Chairman ;

(e) for the guidance of persons employed by it under this Act,

(f) for prescribing the fees payable for copies of documents deli­ vered by any of its officers and servants under th1s Act;

(g) for the management, use and regulation of dwelhngs con­ sLiucted under any improvement scheme,

(h) generally for carrying out the purposes ofth1s Act.

I • I ' 137. Rules to be sub;ect to prevtous publuattotl and to be publtShed tn • Gazette.-( I) The power to make rules conferred by secuons 135 and 136 is subject to the condit1on of prevzous publication and no such rules - shall take effect until they have been published m the Gazette.

(2) All rules made under th1s Act shall be laid for not less than fourteen days before the Leg1slative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legis· lative Assembly may make durmg the session in which they are so laid or in the session immed1ately following.

138. Prmting and Jale of copies of ruleJ.-(l) The Chairman shall from t1me to ume cause all rules made under section 135 or section 136 to be priated and shall make such printed copies ava1lable for sale to the public.

(2) The Chairman shall cause a notice to be published m local newspapers spec1fymg the place where and the person from whom and the price at which a copy of the rules may be obtained.

139. Power of Govemwnt to cancel rules made under seclton 136.-The Government may, after previous publication of the1r mtent1on, rescmd any rule made by the Board under sect;on 136 and thereupon such rule shall cease to have effect .

CHAPTER VII SUPPLEMENTAL PROVISION'!

140. Trustees, etc, deemed to be publzc servants.-Every trustee, every officer and servant of the Board, and every member, onlc<'r and servant of the Tribunal, shall be deemed to be a public S<'l vant within the meanmg of section 21 of the Indian Penal Code. (Central .Act 45 of 1860)

141. Contributions by Board towards leave allowances and pmnons of ser­ vants of the Central or State Government employed under thzs Art.-The lloard !>hall be hable to pay such contributions for the leave allowances ·and pensions of any servant of the Central or State Gevcrmnent employed as Chairman or as an officer or servant of the Board, or as a member, officer or servant of the Tnbunal, as may be required Ly the conditions of h11 serv1ce under the Central or State Government, to be paid by him or on his behalf.

142. Power to extend the Trwandrum Czry i'vlumcipal Act to areas near the Ctry to whzch provzszons of the present Act have been applied.-( I) When all or any provisions of this Act have been apphed to any a1e.1 111 the neigh­ bourhood of the Cay under sub-section (2) of ~ectwn I, the Govern­ ment may, by notification, declare that all or any of the proviswns of the Trivandrum Crty Municipal Act shall be extcnd.-d to and be in force in, such area.

(2) The provisions so notified shall be consttttcu w1th such al­ terations not affecting the substance as may be necess;u y or proper for the purpose of adaptmg them for such area.

(3) Without prejudice to the generality of the foregoing provi­ sion, except in so far as the notificatiOn issued under sub-sectiOn (I) may otherwise ditect, all references in the prov1sions su extended to the Corporation or the Counc1l or a standing committee thereof shall be construed as references to the Board, all references to the Commissioner as references to the Chairman, all references to any other officer or ~er­ vant of the CorporatiOn as references to the c011 espondmg officer or servant of the Board, and all references to the limits of the Ctty as re­ ferences to the limtts of such area-

(4) When all or any of the provistons of the Trivandrum City Municipal Act are extended under sub-section (I) to uny area..-

(a) the Travaneore District Mumcipahtie~ Act, 1116, or the Travancore-Cochin Panchayats Act, 1950, as the case may be, in w far as the same may be m force in such area, shall be deemed to be' epealed therein, and

(b) except in so far as the not1fication issued unde1 sub-sect1on

(1) may otherwise direct, the rules, by-laws, regulations, orders, di1ections and powers, made, issued or conferred under the provisions of the Tnvandrum City Municipal Act, which have been so extended and are in force on the date of such extension, shnll apply to the sa1d a1ea, in supersession ofthe correspondmg rules, hy-laws, regulatiom, • • 56 orders, directtons and powera (if any) made, issued or conferred under the Travancore Distrtct Mumcipahttes Act, 1116, or the Travancore­ Cochm Panchayats Act, 1950, as the case may be.

143. Publication of notz.ficatzons unier sectzons 1 (?) and 142 (1) tn drqft for cnttczsm.-( 1) Before publi~hmg a notifit..ation under sub-section (2) of~ection 1, or sub-section (1) of section 142, tn respect of any area, the Government shall publish a draft of .the same in the Gazette.

(2) Any rate-payer or mhabitant of such area may, if he objects to the draft, submit his objection in wnting to the Government within stx weeks f, om its pubhcation, and the Government shall take such objecttOFI. mto consideration.

144. Board and Chatrman to exercise powers andfunctzons under the Tr®an­ core Town Planning Act, II 08.-ln any area to whtch this Act applies, the Government may, by notification, declare that from such date as may be specified therem, the Corporation or a standing commtttee thereof or the Commissioner of the Corporation shall not exerctse or dischatgc any powers or functions under the Travancore Town Planning Act, II 08, an~ that subject to such restrictions and modificatton5, if any, as may be spectfied in the nottficatton.

(t) the powers and functiOns of the Corporation or a standing corrumttee thereof under the said Act shall be exercised and discharged by the Board; and

(u) the powers and functions of the Commtssioner of the Corporation under the said Act shall be exerCISed and diScharged by the Chairman.

145. Board and Chazrman to exerczse powers andfunctions under the Trivan­ drum Ctty Munzczpal Act.-( I) In any area in respect of which an im­ provement scheme is in force, the Government may, by notification, declare that, for the period during which such scheme remains m force and subject to such restnctions and modifications, tf any, as may be ~>pecified tn the notification.

(i) the powets and functions of the Corporation 01 a standmg commtttee thereof under the Trivandrum City Municipal Act shall be exerctsed and dtscharged by the Board, and

(it) the powers and functiOns of the Commissioner of the Corporation under the said Act shall be exercised and discharged by the Chairman.

(2) The Board or the Chairman may delegate any ofthe functions exerc1sable by it or him under sub-section (I) to any officer or servant of the Board.

(3) The exerctse or discharge of any of the powers or functions delegated under sub-sectton (2) shall be subject to such limitations, conditions and control as may be laid down by the Board or the Charrman, as the case may- be.

146. Powers of the B'Jard for factlitating movement of the populatton.­ With a view to facilitating the movement of the population i~ and around the City ofTrivandrum, the Board may, from time to time .

57

(1) subject to ariy condition it may think fit to impoac.

(a) guarantee lhe payment, from the funds at its di!>posal, o such sums as it may think fit, by way of interest on capitnl expend1ture on the construction, maintenance or working of means of' locomotion;

(b) make such payments as it may think fit from the said funds, by way of subsidy to persons undertakmg to provide, maintain and work means of locomotion; or

(2) either smgly or in combmation with any other person, construct, maintain and work any means of locomotion, under the provisions of any Ia w applicable the1 eto; or

(3) construct or wtden, strengthen or otherwise 1mp1 ove, bridge~·

Provided that no guarantee or subsidy shall br made under clause

(1), and no means of locomotion shall be constructed, lllaintamed or worked under clause (2), without the sanction of the Government.

147. Savmg of Telegraph, Railways and Elect1icity Acts.-Nothmg in thil> Act shall be deemed to affect the provisions ofthe Indian Telegraph Act, 1885, or the Indian Radways Act, 1890, or the Indian Electricity Act, 1910, or the Electricity (Supply) Act, 1948.

148. Cogmzance of offinus.-No court other than that of a Magistrate of the First Class shall try any offence against this Act 01 any rule made thereunder.

149. Limztation of time for pr6secution.-No person shnll be tried for any offence against this Act or any rule made there-under unless complaint of such offence is made before a Magistrate of the First Class within three months next after the commission the1 eof.

150. Powers of Chazrman as to institution, e~mposztion, ett., nf Legal proceed­ tngs and obtaining legal advice.-The Charrman may, subject to the contro Jof the Board- ,

(a) institute, defend or withdraw from legal proceedings under this Act any rule made thereunder;

(b) compound any offence against this Act ot any rule made thereunder which, uftder any law for the time being in force or the rules prescribed by the Govemmeut, may lawfully he compounded;

(c) admit, compromise or withdmw any claim made under this Act or any rule made thereunder; and

(d) Obtain SUCh legal advice aD.d aSSistance AS he may 1 ffOD\ time to time, think it necessary or expedient to obtain or a~ he may be desired by the Board to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exerctse or dtscharge of any power or duty vested in or imposert upon the Board or any officer or servant of the Board.

151. Indemnity to Board, etc.-No suit shall be maintainable against the Board, or any Trustee, or any officer or servant of the Board or any person acting under the directtol'\ of the Board or of the Chairman or of any officer or servant of the Boat d, in respect of anything lawfully and in good faith done under this Act or any rule made thereunder. · 34/4e95 • •

152. Notzu of suit against Board, lllt.-No suit shall be inst1tuted agamst the Board, or any Trustee, or any officer or servant of the Board, Oi any person acting under the directiOn of the Board or of the Chairman or of any officer or servant of the Board, m respect of any act purportmg to be done under this Act or any rule made thereunder until the exprration of one month next after Within notJCe has been delivered or left at the Board's office or the place of abode of such officer, servant or person, stating the cause of action, the name and place of abode of the intending plaintiff and the i elief wh1ch he claims, and the plams must contam a statement that such notice has been so delivered or left.

153. Co-operation of the Police.-( 1) The Inspector General of Pohce and his subordinates shall be bound to co-operate with the Chairman f01 carrying into effect and enforcing the provisions of this Act.

(2) It shall be the duty of every police officei- (I) to communicate without delay to the proper officer or sen, ant of the Board any informatiOn which he receives of a design to commit or of the commission of any offence against this Act or any rule made t~ereunder, and

(ii) to assist the Chairman or any officer or servaut ofthe Board reasonably demandmg his aid for the lawful exercise of any power vestmg m the Chairman or in such officer or servant under this Act or any rule made thereunder.

154. Arrest of offenders.-( l) Any police officer not below the rank of a head constable may arrest any person who commits, in his presence, any offence against this Act or any rule made thereunder, if the name .or address of such person be unknown to him, and if such person, on demand, declines to give his name or address, or gives a name or addiess with such officer has reason to believe to be false.

(2) No person so arrested shall be detained in custody after his true name and address are ascertained, or f'or any longer time than is necessary for bringing him before a Magistrate. In no case shall such detention exceed twenty-four hours fi·om the time of arrest without the orders of a Magistrate.

155. Proof of consent, etc., of Board or Chairman or offzcer or servant of Board.-WheneTer under thi~ Act or any rule made thereunder, the doing or the omission to' do anything or the validity of anything depends upon the approval, sanrtion, consent, concuaence, declara­ t!on, opmion or ~tisfaction of-

(a) the Board or the Chairman, or-

(b) any officer or servant of the Board, a written document, signed m case (a) by the Chairman, and in case • .• : ·· ', (b) by the said officer or servant, conveymg or setting forth such .~ approval, sanctiOn, consent, concurrence, declaration, opimon or satis­ • faction, shall be suffic1ent evidence of such approval, sanction, consent, ., · concurrence, declaration, opinion or satisfaction.

. ·-~ ~ ..

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156. Valulation of acts and proceedings.-( I) No act done or proceed­ mg taken under this Act shall be questioned on the ground merely of- 59

(a) the existence of any vacancy in, or any defect in the consti• tution of, the Board or any Committee; or

(b) any person having ceased to be a Trustee; or

(c) any Trustee, or any person associated with tbc Board under section 17, or any other member of a Committee appointed under thi'l Act, having voted or taken any othe1 part in any pwceeding 111 contra­ vention of :oection 20; or

(d) the failure to serve a notice under person, where no substantial injustice has resulted

(e) any omission, defect or irregularity merits of the case.

sectiou 49 on any f10m such failure; or not n!fecting the

(2) Every meeting of the Board, the minutes of thr. proceedings of which have been duly signed as pre11cribed in clause (h) of section 16, shall be deemed to have been duly convened and to be free from all defect and irregularity.

157. General power of Board to pay compensatio11.-ln any case not otherwise expressly provided for in this Act, the Board mny pay reason­ able compensation to any person who sustains damage hy reason of the exercise of any of the powers vested by or under this Act in the Board or the Chairman or any officer or servant of the Board.

158. Compensation to he paid by offenders for damage ca11sed by them.­ ( I) If, on account of any act or omission, any person has been convicted of any offence against this Act or any rule made thereunder and, by reason of the same act or omission of the said persou, damage has occurred to any property of the Board, compensation ahall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.

(2) In the event of dispute, the amount of compt•nsation payable by the said person shall be determined by the Magistrate by whom he was convicted of the said offence.

(3) If the amount of any compen:~ation due undl'J this section be not paid the same shall be recove1 ed under a wnrran t from the said Magistrate, a~ if It we1 e a fine Imposed by him on the person hable therefor.

159. Public notices how to be made know11.-Every puhlic notice g1ven under this Act or any rule made thereunder shall he in writing over the signature of the Chairman, and shall be widely madl' known in the locahty to be affected thereby, by affixing copies therC('If in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspape1s, or by any two or more of these means, and by any other means that tho Chairman may think fit. Every such notice shall also be published hy affixture m the notice board of the Board's office.

160. Newspapers in which advertisements or notices are to be published­ Whenever it is provided by this Act or any rule made thereunder that notice shall be g1ven by advertisement in local new,papers, or that a notification or any Information shall be published in local newspapers, such notice, notification or informatiOn shall be inserted in at least two newspapers published in any language or languages of the State.

• I • 60

161. Stamping sigruzture on n~tices or bills.-Every notice or bill, which is required by this Act or by any rule made thereunder to bear the signature of the Chairman or of any other Trustee or of any officer or servant of the Board, shaJI be deemed to be properly signed if it bears a facsrmile of the signature of the Chairman or of such other Trustee or of such officer or ~ervant, as the case may be, stamped thereupon.

162. Stmce how to be e.ffected.-When any notice, bill or other document IS required bv this Act or any rule made thereunder to be served upon or Issued or presented to any person, such service, issue or presentation shall be effected-

(a) by giving or tendering such document to such persons ; or

(b) 1fsuch person is not found, by leaving such document at his 1ast known place of abode in the City of Trivandrum, or by giviftg or tendering the same to some adult male member or servant of his family; or

(c) if such person does not reside in the City of Trivandrum, and his addrt>sS elsewhere is known to the Chairman, by forwarding such document to him by registered post under cover bearing the said address; or

(d) if none of the means aforesaid be available, by causing a copy of such document to be affixed on some con~picuous part of the building or land (if any) to wh1ch the document relates.

163. Power to TTUlke surveys or contribute towards their cost.-The Board may- ( a) cause a survey of any land to be made, whenever it considers that a survey is necessary or expedient for carrying out any of the pur­ poseS of this Act, or

(b) contribute towards the co&t of any such aurvey made by any other local authority.

164. ( 1) Powa of entry.-The Chairman or any person either gene­ rally or specially authonsed by the Chairman in this behalf may, w1th or without assistants or workmen, enter into or upon any land, in order- ( a) to make any inspection, survey, mec~surement, valuation or inquiry,

(b) to take levels,

(c) to (ig or bore in to the sub-soil,

(d) to set out boundaiies and intended lines of work,

(e) to mark such levels, boundAries and lines by placing marks and cutting trenches, or

(f) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme wh1ch the Board intends to frame thereunder :

Provided as follows:-

(a) no such entry shall be made between sunset and sunrise 61

(b) no dwelling house, and no pubhc building or hut which is used as a dwelling place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty­ four hours previou!l wntten notice of the intention to make such entry ;

(c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their pnvacy will not he disturbed ;.

(d) due regard shall always be had, so far as may he compatible with the exigencies of the purpose for which the entry i~ made, to the social and religiOus usages of the occupants of the premis~, entered.

(2) Whenever the Chairman or a person authorised under sub­ section ( 1) enters into or upon any land in pursuance of that sub-sec­ tion, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, m case of dispute a~ to the sufficiency of the amount so paid or tendered, he aha II at once refer the dispute to the Board, who~>e decision shall be frnul.

165. Punishment for acquznng share or mterest zn contract, etc., with th6 Board.-If any Trustee, or any officer or servant of the Board, knowingly acquires, directly or indirectly, by himself or hy any partner employer or employee, otherwise than as such Trustee, officer or servant, any share or interest in any contract or employment with, by or on behalf of, thf' board [not being a share or interest which, under sub-section (2) of :section 7, it is permisaible for a Tru:.tee to have without being thereby disqualified for being appointed n Trustee], he ~ohall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code (Central Act 4-5 of llloO).

166. Pmalty for removmgfmce, etc., tn street.-Ifany person, without lawful authonty ,-

(a) removes any fence or shoriag timber, or removes or extin­ guishes any light, set up under section 62, or

(b) infringes any order given, or removea any har, chain or post fixed, under sub-section (2) of• ection 63,- he shall be punishable with fine which may extend to fut y rupees.

167. Penalty for buzldzng wzthtn street alignment or bmldi11g line.-( I) If any penon, w1thout the permis~IOn of the Board, erects, re-crects, adds to or alters any wall or building 10 as to make the same project into the atreet alignment or beyond the building lme prescribed by any deferred atreet scheme, development scheme or town expansion s1:hcme, he shalt be punishable-

(a) with fine wh1ch may extend in the case of a wall or masonry buildrng to five huadred rupees and in any other case to fifty rupees; and

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

0 • 62

(2) (a) The owner for the time being of the wall or building so erected, re-erected, added to or altered, may be required by a written notice 1~ued by the Chairman to stop further work on such wall or building and to alter or demolish the same in such manner and within such time as may be specified in the notice.

(b.) Where the alteration or demolition directed by any such notice IS not carried out as directed therein the Chauman may cause the wall or building or portion thereof to be altered or demolished, as the case may be, and he may recover the expenses incurred in so doing from the owner for the time being in such manner as may be prescribed by the Government.

168. Penalty for failure to comply wzth requisitzon made by auditor -If any person fails to comply with any requisition made under section 129, he shall be punishable-

(a) with fine which may extend to one hundred rupees; and

(b) in case of a continuing failure, with fine which may extend to fifty rupees for each day after the first during which the failure continues.

169. Penalty for obstructing contractor or remouingmark.-lfany person-

(a) obstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Board, in the performance or execution by such person of his duty or of anything wh1ch he 1s empowered or required to do by virtue or in consequence of this Act or any rule made thereunder, or

(b) removes any mark set up for the purpose of mdicating any level or d1rection1 necessary to the execution of works authorised by this Act or any rule made or scheme sanctioned the,eunder, he shall be punishable with fine which may extend to two hundred rupees.

170. Penalty for breach of the promsions of the Act, etc.-Whoever con­ travenes any provision of this Act or of 1111y rule made or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-

(a) with fine which may extend to one hundred rupees ; and

(b) m case of a contmuing contravention, with fine which may extend to fifty rupees for each day after the first durmg which the contravention contmue~.

171. Dwolutzon of Board and transfer of zts assets and l!abilttzes to the Government and the Corporatzon -( 1) When all ~hemes sanctioned under this Act have been executed or have been so far executed as to render the continued existence of the Board in the opimon of the Government unnecessary, the Government may, by notification, declare that the Board shall be dissolved on such date as may be specified m such noti­ fication ; and the Board shall be deemed to be dissolved accordmgly.

(2) On and form the said date-

(a) (1) all properties, funds and dues. placed at the disposal of the Board by the Government, and

(ii) all properties, funds and dues exchang1·d for, derived fwm, or otherwise attributable to, the properties. funds and dues referred to in sub-clause ( 1), which, Immediately before the said date, were held by or realizable hy the Boatd, shall vest m, and be realizable by the Gov!'lnment.

(b) all properties, funds and dues, other than tho,e ref en ed to in clause (a), which, immediately before the sa1d date, w!'re vested m or were realizable by the Board and the Cha1rmau re,pectively shnll vest in and be realizable by the Cm poration and the Commissioner 1 e~pectively ;

(c) if any question anses as to whether any proprrt1es, funds or dues vest in the Government under clause (a) or 111 thr Corportmn under clause (b), the question sha11 be 1 eferred to the Gove1 nment whose dec1sion thereon shall be final ;

(d) all liabilities which, immediately before the s.tid date, we1e enforceable against the Board shall be enforceable against the Govern­ ment or the CorporatiOn. The Government shall dete1mine which of such liab1htie~ shall be enforceable against them and whid1 against the Coporation ;

(e) for the purpose of completing the execution of schemes sanctiohtd under this Act, which have not been fully exeluted by the Board, the Government may, by order, decide which ol Ruch schemes shall be completed by the Corporation and which by the Government, and the decision of the Government thereon shall be final, and the functions of the Board and the Chairman shall be discharged 111 respect of those schemes by the Corporation or the Government, as the case may be.

(f) the Cm poration shall keep separate accounts of all moneys respectively recerved and expended by 1t under this Act, unt1l all loans raised thereunder have been repaid and until all other 1iabilit1e~ referred to in clause (d) have been duly met

172. Submisszon of admtmstratton report to Government.-(!) A~ soon as may be after the first day of April in every year and not Inter than such . date a5 may be fixed by the Government, the Board shall1mbmit to the Government a detailed report of the administration dm ing the pre­ ceding year in such form as the Government may direct.

(2) The Chairman shall prepa1 e such report and the Boa1 d shall consider the report and forward the same to the Goverumcnt with its resolutions thereon, if any, and copies of such report and resolutions shall be laid before the Legislative Assembly at the first meeting thereof held after their receipt by the Government.

(2) Copies of the administration report shall be kept fhr sale at the office of the Board.

• /_,;--- • 64 THE SCHEDULE [See SECTION 73 (a) ) ModificatiOns in the Land Acquisition Act (Travancore Act XI of 1089.) .

1. In clause (C-1) of sectiOn 3 of the Land Acquisition Act (Tra­ vancore Act XI of 1 089), hereinafter in th1s Schedule 1 eferred to as "the said Act", the following words and figures shall be deemed to be inserted at the end, namely :- "and mcludes the Board of Trustees for the Improvement of the City of Tnvand1 urn, constituted unde1 sectiOn 3 of the Tnvandrum City Imprevement Trust Act, 1960".

2. (1) The first pubhcat1on ofa notice of an 1mp10vement scheme under section 47 of the Trivandrum City Improvement Trust Act, 1960, shall be substituted for and have the same effect as publication in the Gazette and in the locality of a notification under sub-section ( 1) of section 4 of the sa1d Act, except where a notification under sub­ section ( 1) of section 4 or a declaration under section 6 of the said Act has been previously made and is in force.

(2) Subject to the provisions of paragraphs 6 and 7 of this Q:hedule, the issue of a notice under clause (c) of sub-section (3) of section 40 of the Trivandrum City Improvement Trust Act, 1960, m the case of land proposed to be acquired m pursuance of that clause, and in any other case the publication of a notification under section 53 of that Act shall be substituted for and have the same effect as a declaration under section 6 of the sa1d Act, except where a declaration under the last mentioned section has been previously made and is in force.

3 In section 14 of the said Act, for the word and figm es "and 23", the figures, word and letter "23 and 23A" shall be deemed to be sub­ stituted.

4. In sub-section (2) of section 17 of the said Act, after the word and figures "section 23", the word~, figures and letter "or section 23A" shall be deemed to be mserted.

5. After sect10n 17 of the said Act, the following section shall be deemed to be inserted, namely :- " 17 A. Transfer of land to Board.-ln every case referred to in section 16 or section 17, the District Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board ; and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition".

6. (1.) In sub-section (1) of section 22 of the said Act, for clauses .fi!St and sixthly, the following clauses shall respectively be deemed to be substituted, namely :- ''frrst, the market value of the land-

(a) at the date of the issue of the notice under clnuse (b) of sub­ section (3) of section 40 of the Tnvandrum City Improvrment Trust Act, 1960, in case the land is proposed to be acquired in pw suance of that clause ; and

(b) at the date of the first publication of the noti•:t: under sectiOn 4 7 of that Act, in any other case ; ., "Ji.xthly, the damage (if any) bona fide resulting iiom diminutiOn of the profits of [he land between the date referred to in paragravh (a) or paragraph (b), as the case may be, of clause first, aud the date on which the District Collector takes possessiOn of the land ;"

(2) In the same section, sub-section (2) shall be omitted and in lieu thereof "the followmg sub-section shall be deemed to have been substi­ tuted, namely :- " (2) For the purposes _of clause first of sub-section (I) of this section- ( a) if the market value of the land has becu increased or decreased ov;ing to the land falling within or near to the olignmcnt 01 a projected public street, so much of the increase or dec1 case as may be due to such cause shall be disregarded ;

(b) if any person, otherwise than in accordance with the provi­ sions of this Act, erects, 1e-erects, adds to, or altets any wall or building so a~ to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase m the market value resulting from such erection, re-erection, addition or alteration ~hall be disregarded.".

7. For clause seventhly of sect1on 23 of the said Act, the following dause shall be deemed to be substituted, namely :- "SeveTuhly, any outlay on additions or improvements to land acquired, which was incurred after the date with reference to which the ma1ket value is to be determined, unless such additions 01 improvements were nec~sary for the maintenance of any building in a p10per state of repair.". --8. After section 23 of the said Act, the following section shall be deemed to be inserted, namely :- .,.'23A. Further provisions for dJtermzning compensation.-In determining the amount to be awarded for any land acqu1red for th•: Board under this Act, regard shall also be had to the following provisions, namely:- ( I) When any mterest in any land acquired unde1 this Act has been required after the date w1th reference to which the mnrket value IS to be determined no separate estimate of the value of such interest shall be made so as to increal>e the amount of compensation to be paid for such land.

(2) If, in the opinton of the court, anv building is in a defective state from a sanitar} point of view, or is not m a reasonably good state of repair, the amount of compensation shall not exceed the sum which S4/~5 • j\ • • 66 the Court considc1 s the buildmg would be worth if it were put into n sanitary condition ur Into a reasonably good state of repair, as the ca:;e may be, mmrtr the estimated co~t of putting it into such condition or state;

(3) If, in the opinion of the court, any building, which IS ul!Cd or 1~ mtended or is likely to be used for human habitation, is not reasonabl)' capable of being made fit for human habitation, the amount of com­ pensation ~hdllnot exceed the value of the materials of the building, minus the cost of demolishing the building.".

9. After secti, . ..n 34 of the said Act, the following section shall be deemed to be imertcd, namely :- "34A. Compensation to be awardrd when land not acquired withi11 two years.-( I) Where the District Collector has not made an award undt·r section II in respect of any land within a period of two years from the date of the publication of the declaration under section 6 or of the issur· of a notice under clause (c) of s•.1~section (3) of section 40 of tht· Tnvandrum City Improvement Trust Act, 1960, or of the publication of a notification under section 53 of the Act, as the case may be, the owner of the land shall, unless he has been responsible for the delay to ,, material extent, be entitled to rccerve compensation for the damage c;uffered by him in consequence of the dday.

(2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this ~ection."

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