Assam State Housing Board Act, 1972
No: 1 Dated: Feb, 20 1974
Amendment:- State Housing Board (Amendment) Act, 2018
THE ASSAM STATE HOUSING BOARD ACT, 1972
Act 1 of 1974
An act to provide for measures to be taken to deal with and satisfy the need of housing accommodation
Preamble: Whereas it is expedient to take such measures, to make such schemes and to carry out such works as are necessary for the purpose of dealing with and satisfying the need of housing accommodation and whereas with that object in view, it is necessary to establish a Board and to make certain other provisions hereinafter appearing;
It is hereby enacted in the Twenty-third Year of the Republic of India, as follows, namely: -
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam State Housing Board Act, 1972.
(2) It extends to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definition. - In this Act, unless the context otherwise requires-
(1) "Betterment charge" means the charge declared to be payable under Section 42 in respect of an increase in the value of land resulting from the execution of a housing or improvement scheme;
(2) "Board" means the Assam State Housing Board constituted under Section 3;
(3) "Board Premises" means any premises belonging to, or vesting in the Board, or taken on lease by the Board or any premises which is entrusted to or in the possession or control of the Board for the purposes of this Act;
(4) "Building materials" means such commodities or articles as are specified to be building materials for the purposes of this Act by the State Government by a notification in the official Gazette;
(5) "Committee" means any committee appointed under Section 16;
(6) "Competent Authority" means any person or authority authorised by the Government, by notification, to perform the functions of the Competent Authority under Chapter VI for such area as may be specified in the notification;
(7) "Government" means the State Government;
(8) "Chairman" means the Chairman of the Board;
(9) "Housing Scheme" means Housing Scheme made under this Act;
(10) "Land" includes benefits to arise out of land and things attached to the earth or permanently faster to anything attached to the earth;
(11) "Member" means Chairman Vice-Chairman and other members of Board;
(12) "Prescribed" means prescribed by rules made under this Act;
(13) "Premises" means any land or building or part of a building and includes-
(i) The garden, grounds and out houses if any, appertaining to such building or part of building; and
(ii) Any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(14) "Regulations" means the regulations made under this Act;
(15) "Rules" means the rules made under this Act;
(16) "Tribunal" means the Tribunal constituted under Section 48;
(17) "Year" means the financial year;
CHAPTER II
Establishment of the Board
3. Incorporation. - (1) The State Government shall by notification in the official Gazette establish for the purposes of this Act a Board by the name of the Assam State Housing Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both movable and immovable and to contract and do all things necessary for the purpose of this Act.
(3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority.
4. Constitution of the Board. - (1) The Board shall consist of a Chairman and a Vice-Chairman appointed by the Government, and the following members, namely :-
(a) Secretary, Urban Development Department;
(b) Secretary, Finance Department or his representative ;
(c) Chief Engineer, Public Works Department (Road and Buildings) or his representative;
(d) Chief Engineer, Public Health Engineering Department;
(e) Director, Town and Country Planning, Assam;
(f) Commissioner of Panchayat and Rural Development, Assam and Director of Municipal Administration, Assam;
(g) Three members to be elected by the Assam Legislative Assembly from amongst its members.
(2) The State Government may, by notification in the official Gazette, remove from office the Chairman Vice-Chairman, or any other member who in the opinion of the State Government, has been guilty of any misconduct or negligence or has so abused his position as to render his continuance as member detrimental to the interest of the Board or of the general public:
Provided that no person shall be so removed from office unless he has been given an opportunity to show cause against his removal.
5. Leave of absence of Chairman. - (1) The State Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the State Government appoints to act for the Chairman during such absence or leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman.
(2) The Chairman may from time to time, grant to the Vice- Chairman such leave as may be admissible under the rules and any person whom the Chairman appoints to act for the Vice- Chairman during such absence or leave shall while so acting be deemed for all purposes of this Act to be the Vice- Chairman.