Haryana Housing Board Act, 1971
No: 20 Dated: May, 14 1971
Haryana Housing Board Act, 1971
Haryana Act No. 20 of 1971
An Act to provide for measures to be taken to deal with and satisfy the need of housing accommodation
Be it enacted by the Legislature of the State of Haryana in the Twenty-second Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Haryana Housing Board Act, 1971.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may by notification appoint in this behalf.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "adjoining area" means such area as may be specified to be an adjoining area under section 21;
(b) "Board" means the Housing Board, Haryana, established and constituted under Section 3;
(c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act;
(d) "building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes of this Act;
(e) "bye-laws" means bye-laws made under section 75;
(f) "Chairman" means the Chairman of the Board;
[(ff) "Chief Administrator" means the Chief Administrator of the Board];
(g) "competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter VI for such area as may be specified in the notification;
(h) "housing scheme" means a housing scheme made under this Act;
(i) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(j) "local authority" means a municipality constituted under the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), or a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952 (Punjab Act 4 of 1953), or a Panchayat Samti or a Zila Parishad constituted under the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act 3 of 1961), or an Improvement Trust constituted under the Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922);
(k) "member" means a member of the Board and includes the [Chairman and the Chief Administrator];
(l) "premises" means [land,] any 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 fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(m) "prescribed" means prescribed by rules;
(n) "programme" means the annual housing programme prepared by the Board under section 23;
(o) "regulations" means regulations made under section 74;
(p) "rent" means the amount payable to the Board in respect of the occupation of the Board's premises and includes the charges for water and electricity payable in respect of water and electricity used or consumed in the premises;
(q) "Secretary" means the Secretary of the Board;
(r) "Tribunal" means the Tribunal specified under section 46; and
(s) "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. Establishment and constitution of Board. - (1) With effect from such date as the State Government, by notification appoint in this behalf, there shall be established for carrying out the purposes of this Act a Board to be known as "the Housing Board, Haryana", with headquarters at such place as the State Government may specify.
(2) The Board shall, by the name aforesaid, be a body corporate having perpetual succession and a common seal, and, subject to any restriction by or under this Act or the rules made thereunder, shall have the power to acquire, hold, administer and transfer property, movable or immovable, and to enter into contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted.
(3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority.
Explanation. - The purposes of this Act referred to in sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or for the purposes of this Act and the exercise of its rights over and with aspect to such lands and buildings for the purpose of this Act.
[(4) The Board shall consist of a Chairman, a Chief Administrator and such other members not more than twelve and not less than six, as the State Government may, from time to time, by notification, appoint :
Provided that the Chief Administrator shall be appointed from amongst officers of the rank of Head of the Department or Joint Secretary of the State Government.]
(5) The Chairman, [the Chief Administrator] or a member may at any time resign his office by submitting his resignation to the State Government :
Provided that the resignation shall not take effect until it is accepted.
(6) Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, the State Government may constitute a Board consisting of one person, who shall be an officer of the State Government, to be appointed by the State Government, and a Board so constituted shall, as from the commencement of this Act and for a period not exceeding one year from such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act.