West Bengal Housing Board Act, 1972
No: 32 Dated: Oct, 13 1972
THE WEST BENGAL HOUSING BOARD ACT, 1972
West Bengal Act XXXII of 1972
An Act to provide for the constitution of a Housing Board for West Bengal and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the constitution of a Housing Board for West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the West Bengal Housing Board Act, 1972.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(1) "Board" means the West Bengal Housing Board constituted under section 3;
(2) "Board premises" means any premises belonging to or vested in the Board or taken on lease by the Board or entrusted to the Board for management and use for the purpose of this Act;
(3) "Building materials" means such commodities or articles as are specified by the State Government by notification in the Official Gazette to be building materials for the purposes of this Act;
(4) "by-laws" means by-laws made by the Board under section 44;
(5) "Chairman" means the Chairman of the Board;
(6) "Corporation" means the Municipal Corporation of Calcutta or the Municipal Corporation of Howrah or Chandernagore;
(7) "Housing Commissioner" means the Housing Commissioner appointed under section 12;
(8) "housing scheme" means a housing scheme made under this Act [and includes any housing scheme entrusted to the Board by the State Government under sub-section (2) of section 17];
(9) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(10) "Land Acquisition Act" means the Land Acquisition Act, 1894 or the West Bengal Land (Requisition and Acquisition) Act, 1948;
(11) "member" means the chairman [the Vice-Chairman] or any other member of the Board;
(12) "municipality" means a municipality (including a notified area) constituted under the Bengal Municipal Act, 1932;
(13) "premises" means any land or building or part of a building and includes, -
(i) gardens, grounds and out-houses, if any, appertaining to such building or part of a building, and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(14) "prescribed" means prescribed by rules made under this Act;
(15) "regulations" means regulations made by the Board under section 43;
(16) "year" means the year commencing on the 1st day of April and ending on the 31st day of March.
CHAPTER II
Establishment of the Board
3. Constitution of the Board. - (1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board by the name of the West Bengal 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, enter into contract and do all things necessary for the purposes of this Act.
(3) For the purposes of this Act and the Land Acquisition Act the Board shall be deemed to be a local authority.
4. Application of West Bengal Act 12 of 1956. - For the removal of doubts, it is hereby declared that the West Bengal Premises Tenancy Act, 1956 -
(a) shall not apply to any land or building belonging to or vested in the Board;
(b) shall not apply as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building;
(c) but shall apply to any land or building let out in favour of the Board.