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1961 : T.N. ~ c t 171
. State Ruufii~zgBoard 571
-- -
CHAPTER T.
BK~LININARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER 11.
(:ONS ~XTUTION OF THE B~1.4m.
CHAPTER 111.
9tnle H ~ ~ i fBoaid
ig [I961 : T.N. Act 17
;6. Appointment of Secretary, Housing Board Engineer and other officers ant1
wvants of the Board.
17. C3nditions of service of ofiicers and servants of the Roard.
18. Promotions . ~unishmentof the officersand servants of the Board.
19. Service regulations.
20. Maintaining schecltlle of establishment.
21. Housing units.
22. Control and delegation oy Chairman.
CHAPTER V.
CONDUCT OF BUSBNLIB OF TRU BOARD AND ITS CO-8s.
CHAPTER VI.
POWBR~
OF DSARD AND CHAIRMAN TO INCUR BXPENDITUKIE ON SCHBAdOBS
A N D ENTER INTO CONTRACTS.
I
I
28. Powers of Board and Chairman to incur expenditure.
.
29.
*
Powers of Board and ~ h h r m a nto approve estimates.
30. Emergency powers of Chairman.
91. Power to make and perform contracts.
UI-IAPTER VII.
HOUSING OR IMPROVEMENTSCH~MES.
35. Power of the Board to unde~take housing or improvement schemes and incur
1
I
42. Rebuilding scheme.
43. Rehousing or rehabilitation scheme.
44. City or town or village expansion schemes.
45. Street scheme.
46. Ilcferred street scl~cmc.
&I7. Land development scheme.
48. General Irnproveme~itSchcme.
/I',. pj.cparation, publication and transmission of notice as to housing or impmw
ment schemes and supply of documents to applicants.
50. Transmission to the Board of representation by the col icemcd local authority
as to housing or improvement scheme.
.
5 1 Notice regarding yroqosal to recover betterment Tee.
$2. Ftrmishing of copies or extracts from the assesrrnc~~tbook of the Iom
authorit.$.
53 Abandonment, rnodiil~ationo, ;7f a
oiiA,;i:~.: F,ousing or improvcmtr t schema.
54, Publication of sarction of housing or improvernen.t &erne.
55. rlrhe Board to execute hc using or improvement schen~msoon after sanrgion.
cd. Alteration of a housing or irnprov~meatscheme after sitnction. -
63. Provision of facilities whrr -Y-.*.'. ' 5 wrec::tcd by the Board in public
street4 veitd. in it.
64. Power of the Board to turn or close public street or square vested in it,
65. Power of the Board to retain lanes not meant for vellicular traffic.
66. Other duties of the Board.
67. Supervision and ccntage charges.
68. Power of Government to call for the records of the Board and to n~od!Ty:
annul, etc., of housing or improweme~ltschetnes,
CHAPTER VIII.
A C Q U ~ S ~ I OAND
N DISPOSAL OF LAND.
CHAPTER IX.
LEVL,ASSESSMENT A N D RECOVERY OF BETTERhlENT FEE.
CHAPTER X.
CON.~;TITUTION
OF TRIBUNAL
AND ' I'fS FUNCTlQEl6,
?iff cr10NS.
CHAPTER XI.
POWER TO EVICT PERSONS FROM BOARD PREMXSES.
S~crraNs.
98. ElstaMiahment and ,maintenance of sinking fua&,
89. Power io disccsllrin ue payments into sinking Anad.
100. Investment of sinking fund.
101, Application of sinking funds.
102. h a 1 atatemeat by trustees.
193, Annual examination of ainking funds.
104. Estimatce, of income and expenditure to be laid @nually Wore thr, Bserd.
105. Sanction of the Board to cstimrtos.
106. Approval of Go~ermnent to mtimatcs.
107. Supplementary estimate.
I
108. Adherence to estimate and maintenance of dosing balance.
109. Definition of "cost of management".
110. Keeping of capital a v ~ u n and
t revmile account
111, Oedits to capital account.
112. Applicatioil of capita! account.
113. credits to revenue account.
114. Application of rovonuc accuunt.
115. Pawer to ciir~clsale of securities in which a;ly surplus of t ne m e
accounts is invested.
116. Advmcbs from revenue account.to capital acmu!xt,
117. Advance fro111 capital account to revenue nccou~lt,
118. Subrnissiol~of abstracis of accounts to Govcrurl lon[.
119. Anllual audit of accoullts.
120. Powers of auditor.
121. Remuneration of auditor.
142. Reports and infori lation to be furnish33by audilcr t o *be Bagd.
113. Audiior's report to b to each rn~rnb:~
ar. d torsi by &al c , t
a
124. Bwrd to rerno.!~d'f:cIs pointed Out by ;:oiiror aild to submit a regc
t o @vor~rue~lt.
125. Awounta and audit report t Q be. forwrrr2.erl t 0 Governmen( ai-ld their
placing before the Strte Legislature. &
9
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I 132. Punishment for acquirittg share or interest in contract, etc, with th Board.
1 3 3. Procedure.
134. Duty of police officers.
? 135. Arrest of ogenders.
136, Powers of Chr.irman as to institution, com~ensa.tIon,
etc., of legal p r o e t d i n e
and obtaining legal advice.
13'7. Plotectiou of action t a " m in good faith.
138. Notice of suit agaiost :Board,etc.
, 139, Proof of consent, etc., of h a r d or chairman or otricer or servant of tha B o d
140, Power of Chairman to direct removal of unauthoriz,ed erections, ete., within
street alignment, etc.
t 41. General power of the Board to pay compensatio1:i.
142. 'kiblic notices how to be made known.
143. Newspapers in which advertisements or .notices are to be published.
144. Stamping signature on notices or bill&
145. Servie how to be effected.
146. Power to make surveys, or contribute towards their cost.
147. Power of entry.
CHAPTER WV.
M~KEUIANBOVS.
148. Powers of the Board for facilitating movement of the population.
149. Members, officersand servants of the Board, cornmitt ces aad Tribunal deernod
to be public servants.,
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150. Contributions by Board towards leave allowances and pensions of servants of the
Central or State Government employed under this Act.
151. Board and Chairman to exercise powers and functions under Tamil Nadu Act
MI of 1920.
152. Board and Chairman to exercise powers and functions of local authority aud
executive authority.
I 153. Supply of docume~ltsand information to t l x Government.
154. Submission of administration report to Government.
155. Power of Government to frhe directions to the Board and local authorities.
of the Board.
1 56. Su~~.session
157. Dissolution of the Boarcl.
158. The Board to be a local authority under Central Act 1 of 1S4 and Centrar bet
TX of 1914,
159. Power to remove difficulties,
CHAPTER XV.
RULES AND RFOULATIONS.
160. Power to make r i11c.s
161. Power to make regulations.
CHAPTER XVI.
REPEAL ANQ SAVUC?.
CHAPTER I.
I1
580 Stare Housing Board 11961 : T.N. Act 17
schelne framed under this Act and includes any one of the
types o f schemes referred to in section 40;
(10) " land " includes benefits to arise out of land,
and things attached to the earth or permanently fastened
to anything attached to the earth ;
'
(2) It' for any rbisoi the officer referred to i n clause ( c ) ,
,(el or ( k ) of sub-section (1) is unable to attend any meo ling
of the Board, he may depute any officer subordinate to him to
attend such meeting. The. officer so deputed shall have tha
right t o take part in the discussions of the Board, but shall
m t have the right t~ v~te,''
*On and LrOm the date of coming into force of the T:lmjl
Yadu State Housing Board (An~endment) Act, 1973 (Tamil
dadu Act 3 of 1974), the Chcirman arid members of the Tamil
Naiu Statc Housing Bonrd l ~ ~ l d i noffice
g as such, on the said
I
date ceaseri to hold office tilnir appointment on and after
tile said date Was made in rccorcl,lnce with the Provisions of
T;~.milNadu Act 17 of !?dl, as q e n i l c d by Tamil Nadu A G 3~
3f 1974,
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absence for
Ihe Chairman g
rant to the Chairman such leave as may be admissible
and appoint- under the rules=
iB
ment of an
acting Chair* (2) Whenever there is a tempor
man- . office 'of the Chairman, the Governmen
a person to act as Chairman cturing the
vacancy and shall pay to such person such salary
allowances as may be fixed by them. The person
appointed shall be deemed for all purposes of this
to the Chairman.
.c
* *
- **- -
A '
. -- .
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casual of
11. (1) The Board pay p = m ; t any non-officialFillins
member to absent himself from its meetings for a period
not exceeding six months.
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CHAPTER 111.
~ A N S F E ROF THE ASSETS AND LIABILITIESOF THE
CITYIMPROVEMENT TRUSTTO THE BOARD.
.,.
to thc Boa1 a.
(2) The assets of the City Improvement Trust sha1.f
be deetred to include all rights a~rdpowers and all propc.
whether movable or immovable, belonging to or vested In
the City Improvement Trust including in particular cash
balances, resewe funds, invest I nen ts, deposits and all o tl~er
interest3 and rights in or arising out of such property as
may be in ths possession of the City Improvement Trust
and. :,I1 books of accoirnt or documents kept or maintained
by the City Improvement Triist ; and the liabilities of the
City In~provementTrust shall be deemed to include all
debts, liabilities and obligations of whatcver kind then
existing and pertaining to the Cit y J~nprovementTrust.
Ex,ol~fnaiian.-In this section and in sections 13, 14 and
15, " ap2ointed ddy " means the date on which this Act
comes into force in I hc City of Madrrs.
Of
ovidenr, 13. (1) Where the City Improvement Trust has establi-
I pcrafi:lu- shed a provident fl.nd os superannuation fund or any
on and other like fund for the benefit of its employees and
Other like constituted a trust in respect thereof (hereinafter referred
'O
Board. to as the existing trust), the moneys standing to the credit
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CHAPTER IV,
- I I i .
f.
I ,
9
AND MEMBERS
OPFICIIRS OF THE STAFFOF THB .BOARD,
rt . , I L
Board Bngi-
and
olher officers
servancs
~f the Board. Provided that ' the appointment of the se&e&rYand
' the Housing Board Engin~ershall be subject to.- the ,
i961 : . '11.y.
~ c t 171
. State &using Board
?,,- , . j
w i t h ~ such
~ l peiiotl as may be specified by the Goverament
in this behqlf and the option oqce exe~cisedshall be final ;
-
T h
-.J4 .+' ,$Id
li
Housing 21. (1) The Board shall establish a Housing Uqit for
lits* the area comprising (i) ihe City of Madras 'ahd '(ii) $laces
situated within twenty-five miles of the limits of the City of
Madras by th,o name ". The Madras Housing Unit ,' ; and
the Board may, with the approval of the Government,
establish by resolution a Housing Unit for any other area
far the efficient performance of its functions in that area.
Provided that- I ,
../
:cct St:furcH~tisirigBoard [I961 : T.N. Act 1'7
CHAPTER V.
U OF BUSINESS OF THE
~ O N D CT BOARD
AND ITS COMMITTEES. s
i
Mceliogs of 23. (1) The Board siall meet at such times and places
*he b a r d . and shl.ll, subject to the provisious of sub-sections (2) and
(3), observe such rules of procedure in regard to transaction
of busincs~at its meetings (including the quorum at
ineetings) a may be prescribed by regulations :
Provided that the Board shall meet at least once in
every month.
(2) The Chairman or in his absence such member as
may be chosen by the illeinbers ixesent from alnollg
thcwselves shall preside at a meeting of the Board.
(3) All questions at any meeting of the Board slydl be
decided by a majority of the votes of the members present
and voting and in the case of an equality of votes, the
c:.-;.man, or in his absence the person presiding, shall ha%
rr second or casting vote.
(4) The proceedings of the meeting of the Board shall
forwarded to the Government in the department in
charge of housing within seven days of every meeting.
Tcll1pjrary 24. (1) The Board may associate with itself in such
assoc; ~t ion manner and for such purpose as may be prescribed by
of pzrsons regulations, any person whose assi~tanceor advice it may
with !'Ie desire for the purpose of carrying into eKict ally of the
Board tor
particularprovisions of this Act :
?UfPOSCS,
Provided that the number .
of persons so associated ,
shall not be more than. five.
J .
(2) A person .associated with the ~ o a r diiiiaei.'bub-
section (1 ) for any purpose shall have the right to take parr
in the discussions of the Board, relevant to that purpose
but' shall not have the right to vote and shall not be named
,
as a member for any other purpose. a
,tr or persons
(a) has directly or indirectly, b) h~msklfor by any ass( cia'sd
partner, employer or employee, any such share or interest wil h the
;is is described in sub-section (I) of section 7 in rcs~ectof B( ard 1101 10
i\ny maiter, or take part in
prccccdi ngs
-
i n which
(b) has acted professionally, in relation to any 'hey are
matter, on behalf of any persort having therein ally such pcrsonal ly
sllare or interest as aforesaid, - e
.
-
H
member' or any person associated"wiih tfie oard under
section 24 or an)('qc$rpbet:of a Committee ai5pointed under
a
!
section 25 from voti,ng on, or taking part in, the discussion
of any resolution ~r question relating to any subje'ci other
than a subject referred to in that sub-section. .
Prwided that-
(a) he shall not act under this section in contraven-
tion of any direction of the Board or the Government
prohibiting the execution of any particular work or the
doing of any particular act ;
Signing of 34. (1) The Chai rm::n, or any cfficer of i h.: B0~r1.d
instruments
and the nuthorisc d in wiiting by the Bo;,rd in this behclf, m:;y
registration sign on b~h:rlfof the Board CAY 2,grgraement o r o.hcr
of such c nbe
i ~ ~ s t ~ u i nto t execulcd on b~halfof the Board.
instruments.
(2) Notwi'hstanding anything con~amed i 11 :he '
Indi n Regist ration Act, 1998(Cknt ral Act XVI of 1908),
l bc necessary for the Chaii.m;in or 1.~11 officer
i t s h ~ lnot
of thl Board referrrd to in sub-section (1) to appear in
person or by agcnt at any regstration oflice in any
proceeding connected with the registration of any ins-
t runlent ex{ outed by him in his official c~.pacity or to
sign as prcvided in section 58 of that Act.
i
CHAPTER V11.
Power of the 35. (1) Subject to the provisions of this Act, the Board
Board to m;:y, from rime to time, incur expendi~ureand under.
undertake take works for the ftaming and c X W U L ~ Oof~ such h o u s h ~
housi%Or Or improvement schemes as it maYconsider necessary.
improvement
schemes and
incur
c xpenditure.
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accommodatiog scheme ;
I
dation scheme.
Street 45. (1) Whenever the Board is of opinion tbat for the
scheme. Surpose of-
1961 : TONo
Act 171 State Housirzg Board 609
(2) A copy of the notice shall also be affixed in
every such premises.
(3) Every such notice shall be signed by the Chairman
or by a person duly autbon'zed by him in that behalf.
(4) Any person on whom a notice under sub-section
(1) has been served may, -within. thirty days from the
service of the notice, make a representation in writing
to the Board stating his objections to the scheme.
52. The executive officer of any locel authority sha11, Furni shin8
at the request of the Chairman, furnish him with a copy of copies or
of, or an extract from, the assessment list of the local extractsfrom
the assess-
ment book
of the I o c ~ l
authori 1 y.
53. (1) After considering the objections and represent- Abandon-
ations, if any, received in pursuance of sub-section (2) of ment, modi-
section 49, section 50 and sub-section (4) of section ,"_ fication c i
and after hearing the persons who, having I,.'.-4 any sancii~ilcfa
such objections or made any such representations, desire hsusing
improve-or
to be heard, the Board may either abandon or modify
or sanction the scheme, or apply to the Government for scheme.
,,,
sanction with such modifications, if any, as the Board
may consider necessary if the cost of the scheme exceeds
ten Iakhs of rupees.
sub-section (1).
-.
%.
Provided that-
3
-
i
any alteration is likely to increase the istimated
@)if
net cost ~f executing a scheme by more than ten per cent
* Now the Tamtl Nadu Government Gazette.
--.lll..u
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f
(3) Where any land or buildin vest3 in the Board
under the provisions of sub-seetion (1 and no declaration
is made under sub-section,(2) in respect of the land, the
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and open
spaces
provided by (a) any such .road or street laid out or altered by
the Board the Board has been-;duly levelled, metalled, flagged, chan-
under a nelled, sewered and drained in the rnanne'r nrovicled
housing or an in the scheme sanctioned by the Board or the ~overninem
lmproveme n t under section 53 '; .
scheme.
(b) lamp posts ilecessary for the lighting of such
'
j i 'f.34,.-4. *
Prevention
or restrktion 62. (1) M e n : any~dworkwhich may lawfu!ly:#bk+'&one,
of tbaffic.in7 is being executed-4$ - A the' Borirdi :i&
, any 4tktsl vested
stmer~irest~ in it, theABoard may & ~ c tthat &ah.st&et shall;@@rio.:the-
in ths Boards progress of such work, b6.either wholly of!pdftiaQ:~o ~ d -
during
f
to traffi~generally ~Cto tra$c;d qy~specifie&&~@~itpjon,
T
wf'r Of '/ i
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Z
+ -
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$, . .
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1961 : T.N.
. Act 171 v. i n gBoard
State ~ o u- sy*,
.- c ! A
y: J q,*-
63. (1) When any work is bein executed by the Board fProFsion of
in ahy. public street.vestbd .in it,. 8b;iikd aallties when
--.. ' shall, so far work:b
as may reasonably & p~acticable'inake4ddquate provision executed by
tk'
I+<, , ,
for- ' C
-' ,. i"', t he Board in
public streets
(a) the passage or diversion of traffic ; vested in it.
- -.~i;' street or
tur
$?a L';
,
' " '+ . @); i/js&nt@.p&:.t$ea& bplllic, use gf, ,gr peqmaneqtly square vcstda
%a
. .
L I * r
.
$>->
, .
I . ,
'125-WOA . .. . i I T I
. d d i
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supervision
67. The Board may inclade in the cost of any housing
a od centage or improvement scheme framed by it or any other work
charges. d mken by it, supervision and centage chargts at such
rates as may be ihtd by it :
t $$n;
1 [ 6 9 k ~ owithstand
t ing anything.contained in sections 35scope of
to 693he Board or any other aath'ority referred to inNthie Honsiw or
Act - 'shall bave no power ,funktian or responsibility for bPr*-ment
making provision in any housing or improvement scheme, Schemes.
executing or carrying out any .* wor k thereunder, in
respect of water suwly or sewex9ge service! or anything
connected therewith in the M a h i s Metropolita ~l Area
within the meaning of the Madras Metropolitan Water
Supply and Sewerage Act, 1978;and if any such scheme is
- -
1 This section was inserted by clause (1) of part IV cf the
Schedule to, the Madras Metropolitan Water S:~pply and BS-
erage Act, 1978 (Tamil Nadu Act 28 of 1978).
1
PGwer t o
under the
! #
lsition Act.
Power to
618
3ower to
dis~oseof
land.
' '
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ACQUISITION
.. -
CHAPTER VIII.
" .$7,5.1";2- .
L: /. 3
I
+-
in process of being executed in relation to tliat area on
the date G t i e coming into force of this section, the
Board shall coutinue and complete slich exec~ioriin
171. he BC
..
72. (1) The Board, miy retain or may lease, sell, ex-
9 ,
[ 1961 : -TN.A C 17
I...
-.
'
~
I $
:n 9 ~
.
%
.
a
..
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:yY-..-'* . - - ... - - .--- c - . -- % . -
.'"s
a- -A
-i
8 2. !
State.Hog~iq~
. : r . .@fit
B ard
G P
, 419 I
.. ,_
. ( I * 2ilt3i; .*
I '
-
CH~APTERIX;
AND RECOVERY
LEVY;ASSESSMENT I
.OF. BETTERMENT FEE.
i
of bu.ildings,
@.ticn of the
e shall be .one-third of such increase in value.
,
I : 9
i - <: I&$>
B-
p#
$ - q : , : . , . t
(3y~h% 35:
h6ard h a9: blfh if6q ,prwbs apprq I& of t%e
;g= ->,
Board to give 75. When the amount of all betterment fees payable
notiw to iu respect of land in the area comprised in the scheme and1
parsons liable in respect of land not comprised in the scheme area but
to ~a~rment is adjacent to the area comprised in the scheme referred to
Of betterment in sub-section (3) of section 73 has been determined under
fee. section 74, the Board shall, by a notice in writing to be
served on all persons liable to such payment, fix a date by
which such paymebts 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: .
..
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- * %
COIJSTITUTION OF TRIBUNAL
AND TrS FUNCTIONS.
:'t # . - - ' . q
623
- - .
4
i
j*
9
-oftfie officers and
X 1
I
I
1 .' . ,
CHAPTER XI.
POWER TO EVICT PERSONS FROM BOARDPREMISES
Power t 0
d c t certain 84. (1) If the competent authority is satisfied-
persons from
Board (a) that the person authorised to occupy any Board
premises.
premises has-
(i) not paid rent lawfully due from him in respect of
uuch pxemises for a period of more than two montbs ;or .
(ii) sub-let, without the permission of the Board, the
whole or any part of such premises ; or
(iii) otherwise acted in contravention of any of the
terms, express or implied, under which he is authorised
to occupy such premises ;or
(b) that any person is in unauthorized occupation
of any Board premiscs,
the compdent - authority may, notwithstanding anything
contained in ar y law for the time being in force, by
notice served (i) by registered post, or (ii) by affixing
a copy of it on the out?r door or some other conspi-
cuous part of such premises, or (iii) in such other
manner as may be prescribed, order that the person
authorised to oc~upyas well as any other person who
may be in occupation of the whole or my part of the
premises shall vacate them within one month cf the
date of the service of the notice.
(2) Before an order under sub-section (I) is made
against any peeon, the competent au~horit y shall inform
the person, by not ice in wriring and served in the
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.. .. --
in plrson or by pleader.
by him to the
by sufficft5nt
*-
, ,
cause f ram
4
#ling' the:~a' pC v
\"t<.i,+
S 'in tibe.
I .*
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*
--E:%&-' =
', $, :.-es ., :,
- - ""-2-,..- .- - - - ----- - .. - ' .&- -- a 3
1961 : T.N. Act 171 State Housing Board - 627
' - . , ' - ., ,., . .
: (2) 0; receipt of an
f . I > .y./
i
. ,
,. - 1
. . ., .. . ,
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Euard's- 89. (1) The Board shall have its own fund.
fund.
(2) The Board may aocept grants, subventions, don-
ations and gifts from the Central or State Government *
\ . ""
v
.
>
Power of
the provjsions of this kct,the Board Board to
"91..(1) Subjkct to
may, from timeto time, with the ~ J ~ ~ ' "+.C- ; approval
t-- US borrowand
of the Government, borrow money ' fequrred for the lond.
purposes of this A d from the public 6 from any cor-
poration owned or controlled by the Gniral or Siaie
Government.
. d .
- :.:
- .;. .;cJ;@ ;**--
-
<
h , 6 a $ . ,.
1 m
.- e
%as , ~ub$titllted for th9 exPi-BsSjon ''State of
Y.,U;VIl
.#
.l,.
Oh,.,l
' ~ ~ d by
~ the
a ~~amil%Ia&u
" Adaptation of.Laws X)rder:'l969, as
&manded*bythe Tamil Nadu*Adaptation of Laws (I& Amnd-
merit) 'kder, 1969:;.!3% -: .I . :g .. ,.
9 .-
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Receipt by
95. Where two or more persons are joint holders of any joint holder
debenture or security issued or granted under this Act, for intaest
any payment made to the first mentioned person there- or devidsnd.
in cIf ;. y dividend or interest payable in re:pect cP such
debenture or security shall be a full discharge of the
liability of the Board in respect c f such divide d or
interest. I #
96. All payments due from the Board for interea on, Priority of
or :h: r.;ip~ymcnir.f loans, shall be made . in priority to interest
payments for
and
aU other paymerits due from the Board. rewymmt
8
. of loans.
9 Every loan take^ by .he Board shall be r e ~ a i dby the Repayment
Board within the period agreed upon by the , Board and of loans, fakenx-.
subject to the provisions of su b-section .(2) of section 114 seaion 91.;,
by such of the following r~ethodsas may be approved 11
by the Government, nanlely :-
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the loan by periodickl inst~lrntntsand to sele$ &v,lottb,e v%
particular debenturesto be discharged at pahicula'rT& r i d s
;
i
then, by paying such insta b n t s at such periods ; or .f
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mstmsnt 100. (1) All moneys paid into any sinking fund shall,
of as soon a s possible, be invested by the Board in-
fund. i
(a) Government securities ; or i
(6) securities guaranteed by the Central or State
Government ; or
(c) debentures issued by any local authority; or I
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ted for the expression "Examiner
" by paragirapk 3(l)of, 'and the
aptation of,q$ws *Order,1970.
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h 3(2), ibid. .--5.&'&,+."t3
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Estimates of a
104. (1) The Chairman shall, at special meeting
income and to be held ir the month of February in each year ,'1q.y
expenditure before the Boiird an estimate of the income and expen-.
*O be laid diture of the Board for the next ensuing year. :
annually be-
fore the
Board (2) Every such estimate shall make provision for
the due fulfilment of all the liabilities of the Board, and
for the efficient administration of this Act. *
..
. ~ 171
1 9 6 l : ~ A'et - State Hoirsiig Board 635
(5) A revised budget, if any, including all the expen-
diture not covered in the original budget estimate, shall be
laid before the Board at a special meeting to be held in the
~ n o n ~or'h December in each year.
:*
105. The Board shall consider every estimate so 1 id Sanction of
P" before it and shall sanction the samei-kither withoui modi- estimates.
the Board to
Q fication or with such modification a s i t may think fit.
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106. (1) Every such estimate, as sanctione i by ;he Approval af
Board, shall be submitted to the Government who may, to Goverr.men t
at any. tims within three months after receipt of the
j same-
g:
, . I
lo1. (1) The Board may, at any-time, during the ye-r Supplement.
for whichCvany. .". t t ( .
esti-mat6has been sanctioned, cause a sup- sry estimate.
d
at' a sp%dalvmeetingi
. .. * Y S& b + i : ~ r'~ . , ,, $+ j j*f
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ftj*~ '
:~'(~jk.!&%&,provisions- of sub-seckv$s5*(3) and (4) of
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~dai&aFt~&~q~'f;.~ct;i~ns 105 dnd l0@dbrtl.bapply to every ,&
dosing
balance.
. ,.
(2) The closing balance shall not be reduced below
such limit as may be fixed in this behalf by the Government,
from time to time.
(3) The follosing items shall be aempted from the
A
ngmely :-
provisiotis of sub-sections (1) and (B), ,-.
(a)
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(d) the repayment of loans from money b ~ r o w e d
in pursuance df this Act ;
, I
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(f) makingpayments inpursuance ofsection 148
otherwise than f )r interests or f r r:xp;nses c;f mainten-
ance of working ;
(g) m~kingor contribu:;ng 1:)wards the cost of
surveys in pursuaace of s:ct-.,n i46;
(h) meetkg such p r ~ p ~ r t i oof
n tile cost of
managcme:it as may be prescriecd by the Bllard; and
(i) tempararily making good the deficit, if any, in
the revenue account at the end of any year.
&h.
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all rents.of
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sign a ;+c aration with respect to such document or to
question or to prepare didP'
furnish any state-
. ment relating thereto.
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121. The Board shall pay to the said auditor such R , , , ~ ~ ~ , .
re-ation as the Government may direct. tion of
auditor.
122. (1) The said auditor shall- Reports and
(a) repom to the Board and to the Government to infbrmation
be furnis-
any material impropriety or irregularity which he may hed ledby audit-
observe in the ex enditme, or in the recovery of kmoneys or t , ,he
du; to the Boarl or in the accounts ; Board.
(b) fiunish to the Board such information as
it may,frpm time to time, require concerning the progress
of his apdit ;
(c) report to the Chairman any loss or waste
of monep or other propeny owned by or vested in the
Board caused by neglect or misconduct, with ihe names
of persons directly or indirectly responsible for such
loss or waste; and
( d ) submit to the Chairman a final statement of
audited accounts, together with a report on the result of
the and duplicate copies thereof to the Govern-
ment within a period of three months from the end of
the or within such other period as the Government
may allow in that behalf.
(2) (a) The said auditor may disallow every item
contrary to law and surcharge the same on the person
making or authorizing the making of the illegal pay-
ment ; and may charge against any' person responsibk
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State Ho,using
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Board I1961 : TeNeAct 17
therefor the amount of any deficiency or loss incurred
by the negligence or misconduct of that person or of
any sum which ought to have been, but is not, brought
into account by 'that person and shall, in every such case,
certify, the amourit+duefrom such person.
,- .'
Explanation.-It shall not be open to any person
whose negligence or misconduct has caused or contri-
buted to any such deficiency clr loss to contend that
notwithstanding ' his negligence or misconduct the
deficiency or loss would not have occurred bu for the
negligence or misconduct of sc me other person.
( h ) Thz sdid auditor sliall state in writing the
reasons for his decision in respect of every disallowance,
surcharge or charge allu fu~-nisJra a ~ p yhereof by regis-
tered post to the person against whom it is made.
. -
(b) cause the a ccounts of theJ$&d to he publish4
in the prescribed m-finer and , lr Hvailable copies
: rJ
CHAPTER XIII.
Penalty for
127. I F any person, without the permission of the
building Board, erects, re-erects, adcis tc) or alrers any wall or
wi!hin street building so as to make the same project into the street
alig-ent 4alimrnent or beyond the bui1,ding line prescribed by any
g deferred street '@erne, developxnent scheme
b u l l d ~ ~line town ex-
"rr.f&ut per- pansit )n sche$p'~~
.. ti: shall be punishable- :i. ) a :
quyon. ;"
*
(a) with fine which may extend, in tit;?k c of a wall
or ma.sonry building, t o five hundred rupees and in any
other case, to N t y nip*; and = ,
,. ..
(b) with farther fine which may extend, in the case
of'a wall or masonry building, to one hundred rupes
and in any other case, to ten rupees for each day after
the first during which the project ion continues.
Penalty for 128. If any gerson fails to comply wjth any re-
failpre to quisit ion ma.& bpFtheauditor under sectr iofi 120, he shall
.
A - 5 6
requsltlon
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rupees ;and
(b) in case of a continuing failure, with fine wh,,,d
may extend t o fifty rup:es for each day after the firsi
during which the failure continues.
~ u t of
y (a) to co-operate with the Chairman for carrying
police into cffcct and enforcing the provisions of this Act or
officers. --y rule made therewader ;
(b) t o communicate w i ~ l ~ o delay
ut to the prGp,r
officer or servant of the Bcard any infi rmaticn which he
receives of a design to commit or cf tile c~mmissisnof
sny offence against this Act or any lule made thert under;
and
(c) to a~sistthe Chairman or any officer or servant
of the Board reasonably d~mandinghis aid for the lawful
exercise of any powu vesting in the Chairman or in
such officer Gr servant under this Act or any rule made
thereunder .
Attest of 135. (1) Any police cfficc r not
OEenders*
below the rank of a head constable, may arrest any
person who commits, in his pscsence, any offence agai&
this Act or any rule or regulation made thereunder, if
-
*According to clauses (a) and ( c ) of sub-section (3) of section 3
of t h ~(;ode of Criminal Procedure, 1973 (Central*Act 2 of 19741,
r-renw to a Magistrate of the first class shall be Construed as a
reference to a Judicial Magistrate of the first class a y i any reference
to a Presidency Magistrate shall be construed as a reference to a
. Medopolitan Magistrate with effect on and from the 1st April
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;"
137. No suit, prosrcut ion or other legal proceeding Promion of
shall lie against the Governmtnt , the Board ox any Corn- ,tion taken
miltee thereof or any cfficar cr servant of;lle Gcvern- ingoafai&o
I mcnt or the Board fix anything which is in go& faith
done or intended to be d ~ n ein pursuance of this Act or
I any rule or regulation made thereunder.
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1961 : T.N. Act 171 State Housing Board: 649 -
t
B 14 1. In any case not otl~erwiseexpress1Y provided for General
in this Act, the Bcai d n a y pay reasonable compe,lsat ion Board
power of the
to pay
to any pcrson wh4jsllriains damage by reas:!a of the excr- ,,,pensa-
d or under ibis Act tion.
cise of ally t!f the powers v n ~ s t e by
in the Board or the Chairman or any officer or :;ervant
of thc Board.
.
142. Every public not ice g; e ~ :a d z r 1his Act or .iny notiw
rule or regulaii~nmade thereun(jrr shall be in writing over how to be
!he sigiiature cf the Chairman, 2nd shall be widely ma& made known.
gnown in the locality icy be affected thereby, by affirrrng
~ ~ p thereof
i ~ s in conspic~ouspublic places wi thi i; the
~ - - ; locality,
d or by publishing ihe same by beat of drum
or by advertisement in leading dsily newspapGrs, or by
any two or more of these means, and by any other means
! that the Chairman may think fit. Every such notice shall
also be published by afixture in the notice board of the
Board's ofice or sub-office.
--
144. Every notice or bill, which is required by t l is Act Stamping
or by any rule or regulation made thereunder to bear the signature on
signature of the Chairman or any other member or of any notices or
officer or servant of the Board, shall be deemed to be pro-
pzrly signed if it bears a facsimile of the signalure of the
Chairman or of such other member or of such o fficel or
servant, as the case may be, stamped thereupon.
145. When any notice, bill or other documant is re- service how
quired by this Act or any rule or regulation made there- to be egeoy
under t o be served upon or issued or presented to any ted.
person, such service, issu- or presentation shall bc effec-
t ed-
sunrise; i
1
i
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f
i CIJAPTER XIV.
fur carrying out the purpows of this Act, afiur glvirrg an to give
opportunity to the Board to state its objoctions, iS any, directions to
to such dircctions and after considering the said obj~ctiolls ; the Board
arid Local
and it shall tkereupon be the duty of the Board to colaply Aut hcri ties.
with such directions.
(2) The Government may give any local aldh~riiy
such ai~ectionsas in their opinion arc necessary or
expedient for enabling the Board to carry out the purposes
of this Act, after giving an opportunity to the local authority
concerned to stare its objections, if any, to such directions
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(b) all the powers and duties which may, L:, oi.
under the provi~ions of this A ~ I , be c xerciseci r m !
performed by or on behalf of the Board and i he Cii:lll.-
man shall, as from thc dale of ci ia-solution, be exercised
and performed by the Gdvernment or such auihori-1Y GI-
person as they may appoint in this behalf;
CHAPTER XV. q
CHAPTER XVI.
REPEALAND SAVING.
Repeal and 162. (1) The Madras City Imprcjvrment Trust Act, 1950
Saving- (Madras Act XXXVIl of 1950) (bereinafier referred to as
the ?aid Act), is hereby repealed.
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6 ' 1 1 A ~ r a lr V~ A Y u uu v L I \ L * ~ ~ V L L A ~ P U L h-- r A I - -- -- $
-
(ii) in clause (b), for sub-clause (i), ~ h following
e sub-clause sball
be su\lstituted, namely :-
- " (i) official members nut exceeding six, other than the Manaping
Director ;and ".
4. Insertion of nPlv secrion 4-A in Ttintil iVfi(I11 Act 17 uf 1961.-In
the principal Act, afrer section 4, the followir,:, scclion shall be inserted,
namely :-
a
(ii) Collect~rof a district, I
, as a Managing Direclor for tlic purposes of this Act.
. l
-
- 5
, . (2) Tllc tern1 of Officeof, and thc terms and conditions of service
of, the Managing Director s11a11 be such as may be pre~crlbecl.".
t
. (t - .
g+.-:c+,-tv : Director " shall be substituted ;
-- ,
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t
(ii) in the proviso, for the wcrd " Chairman " in two places where
it occurs, the words " Managing Director" shall be substituted.
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7 . Athenbent of section 18, Tamil Nadzr .Act 17 of 1961 .-In
of the principal Act,--
section 18
!?-/
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(1) in sub-section (I),-
?f -
+
- (i) in claust (a), for the word " Chai!.man ",the words "Managing
Director " shall be substituted ;
.,-. , . . (ii) in the proviso, for the word " Chairniar! ", the words
,
" Managing Director " shall be substituted ; I
(2) in sub-section (29,in clause (a), for the word " Chairman ",
7
the words " Mcnaging Director " shall bc substi' uted.
I
q. Amentlmerzt ofcection 21, Tamil Nac& Act 17 of' 1161 .-In section 21
of the principal Act, in sub-sectiorl (3), ?or tho w q d " Chairman"
in two places where it occurs, the wordi " Managing Director " shall
be substituted.
': J' , ' 9. Amendment of section 22, Tantil Naclu Act 17 @ I 961 .-In section 22
) . , . of the principal Act,-
> . (i) includirg the heading, for no:J " C:,ai;r>an ", wherever
ILIC
- ,
.WB#dlL W D U GOVERNMENT GAZETTE EXTRAORDINARY J
r n . .
d the Chairman ", the words "the Managing Director " shall be
.. inserted.
+-
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f. . ,
, - 26. h t d m e n t of section 122, Tomil N t h Ac: 17 of 1961.-In &0n
2
'122 of the principal Act, in sug-section (I), in clauses (c) and (4, for the
word " Chairman ", the words "Managing Director " shall be substi-
%.
.i
.. tuted.
j: 1 - 27. ~mbttdmentof sectioit 123, Tamil Nndi Act 17 oJ 1961.-In section
- , ; . J i
123, of the principal Act, for the word " Chairman ", the words
- , . " Managing Director " shall bc substitl~ted.
28. Amendnzatt oj sectiort 129, Ta~zilNadir Act 1 7 o f 1961.--In section
129 of the principal Act, in slausc (a), Tor tha w c r ~ l" Chairman ",the
words " Managing Direcrcr " shall be substjttited.
,
: 29. Arnenhent o/sectioit 131, Xuvil Nndr Act 17 of 1961.--bisection'
. - 134 ~f the principal Act,-
. . (a), after the word " Chairman ", the wolds " and
in
the Managing ~rcctor" shall be inserted ;
$1. -
.. (ii) in clause (c), after the word " Chairman", in two piaces where
*$\
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ion '139, Tamil "Nadtr Act 17 of -1961.-In
t . ' -\
.
(i) in the,heading, after the word " Chairman ", the wordsp or
Managing Director " shall bc inserted ;
;?h"*-,+;fii)for the &p~ession" (a) .the ~oard,orthe Chairman, or .. . +,
. w*?
, ,lev:. as J
in case (b)by1 he Chairman, iiiid in case (c) bythe said officer or servant?
IWu.
mil, N,.;&
. Act
, d o t
17 of 1961.-In
. *
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(ii) in sub-sections (1) and (Z), for the word " Chairman ", tho
,
,, - - "
"L .- r , words ,lCManaging Director " shall be substituted.
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Provided that no such order shall be made after the expiration of two
years from the date of commencement of this Act.
(ii) Every order made under this section shall, as soon as aftel
it is made, be placed on the table of the Legislative Assembly.
.'
general information :-
ACT NO. 5 OF 1992. 1 I
3. In seotion 49 of tbe prinaipal Act, in sub-section (I), in clzuse (b), the Amendmentof
expression " of the land which it is proposed to rcquire and " shall be omitted. --=tion49.
'
4. In section 53 of the principal Act, in sbb-secticin (3), in c l a s e (a), the Amendment of
words " or involves the acquisition of 2ny Iznd not previol~sly proposed to be oection 53. 1
YD. L S I m 9
fl--d.Sllr.. 4- lYrw..~.unt
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The following Act of the Tamil Nadu Legislative Asserrbly recelved the assent of
the Governor on the 4th November 2007 and is hereby published for general
Short 11tleand 1. ( 7 ) This Act may be called the Tamil Nadu State Housing Board
commence- (Amendment) Act, 2007
-men1 :
(2) It shall come into force on such date as the State Government may,
by notification, appolnt.
Inse,rt~onof 2. In the Tamil Nadu State Housing Board Act, 1961, after section 31, the Tad
ney section following section shall be inserted, namely:- Ad
31-A 196
''37-A Power- of Board to undertake housing or improvement Schemes
through Joint Venture Project or Public Prrvate Partnership Scheme.-The Board
may execute any housing or improvement scheme through Joint Venture Project
or Public Pnvate Partnership, as the case may be, with the approval of the Government
for each such scheme
Explanation.-For the purpose of this section, "Joint Venture Project or Public
Private Partnership Scheme" means participation of the Roard with private person
or company procured through a transparent and open procurement system for
executina anv housina or im~rovement scheme including commercial complexes,
S. DHEENADHAYALAN,
Secretary to Government-in-charge
Law Department.