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Section 45

The Puducherry Housing Board Act, 1973Union territory Act of Puducherry · Act 7 of 1974

(1) Whenever the Board or the Government sanctions a housing or improvement scheme, the scheme as so sanctioned shall be notified in the Official Gazette:

Provided that whenever the Board sanctions a scheme with modifications, if any, it shall cause notice to that effect to be published weekly for two consecutive weeks in the Official Gazette and in leading daily newspapers.

(2) The publication of the scheme or notice under sub-section (1) shall be conclusive evidence that the scheme has been duly framed and sanctioned.

(3) Any person aggrieved by the sanctioning of a housing or improvement scheme may, within thirty days from the date of the last publication in the Official Gazette of the said scheme, appeal to the Government and the decision of the Government on such appeal shall be final and shall not be liable to be questioned in any court of law.

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

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

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

109 The Board to execute housing or improvement scheme soon after sanction

46. As soon as may be after a housing or improvement scheme (other than an expansion scheme or a deferred street scheme) has come into force, the Board shall proceed to execute the same.

Alteration of a housing or improvement scheme after sanction

47. At any time after a housing or improvement scheme has been sanctioned by the Board or the Government, as the case may be, but before it has been carried into execution, the Board may alter or cancel it:

Provided that –

(a) if any alteration is likely to increase the estimated net cost of executing the scheme by more than ten per cent of the total cost, or if any altered scheme is likely to cost more than ten lakhs of rupees, the 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 not previously proposed to be acquired in the original scheme, the procedure prescribed in the foregoing sections of this Chapter shall, so far as it may be applicable, be followed so 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 betterment fee, becomes liable to such payment, the procedure laid down in sections 40, 41 and 42 shall, so far as it may be applicable, be followed in regard to such land:

Provided further that no scheme, costing over ten lakhs of rupees; shall be cancelled under this section without the previous sanction of the Government.

Explanation.-- For the purposes of this section, the expression "alteration" includes a combination of two or more schemes framed or proposed to be framed and the expression "altered scheme" includes any scheme so combined.

Transfer to Board for purposes of improvement scheme building or land vested in local authority or planning authority

Where this provision sits

ActThe Puducherry Housing Board Act, 1973
Section45
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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