ACT AND ORDINANCES
THE ASSAM STATE HOUSING BOARD ACT, 1972
An act to provide for measures to be taken to deal with and satisfy
the need of housing accommodation
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: —
Short title, extent and commencement
1. (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. 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
(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
(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 and other members of Board;
(12) “Prescribed” means prescribed by rules made under
(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
(15) “Rules” means the rules made under this Act;
(16) “Tribunal” means the Tribunal constituted under Section
(17) “Year” means the financial year;
ESTABLISHMENT OF THE BOARD
3. (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
(3) For the purposes of this Act and the Land Acquisition Act, 1894,
the Board shall be deemed to be a local authority.
Constitution of the Board
4. (1) The Board shall consist of a Chairman, appointed by the Government,
and the following members, namely: —
(a) Secretary, Town and Country Planning Department.
(b) Secretary, Finance or his representative,
(c) Chief Engineer, Public Works Department (Roads and Buildings) or
(d) Chief Public Health Engineer.
(e) Town Planner and Ex-officio Director of Town and Country Planning
(f) Director of Panchayat and Director of Municipal Administration.
(g) Three members to be elected by the Assam Legislature Assembly from
amongst its members.
(2) The State Government may, by notification in the official Gazette,
remove from office the 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.
Leave of absence of Chairman
5. 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.
Disqualification for appointment on Board
6. (1) A person shall be disqualified for being appointed or continuing
as the Chairman or member of the Board, if he—
(a) Holds any office of profit under the Board,
(b) Is of unsound mind,
(c) In an uncertificated bankrupt or an undischarged insolvent.
(d) Has directly or indirectly by himself or by any partner, any share
or interest in any contract-with, by or on behalf of the Board, or
(e) Is a Director or a Secretary, Manager or other salaried officer
of any incorporated company which has any share or interest in any contract
with, by or on behalf of the Board, or
(f) Has been or is convicted of any offence involving moral turpitude.
(2) A person shall not however, be disqualified under clause (d) or
(e) of sub-section (1) or be deemed to have any share or interest in
any contract within the meaning of these clauses, be reason only of
his or the incorporated company of which he is a Director, Secretary,
Manager or other salaried officer having a share or interest in any
newspaper in which any advertisement relating to the affairs of the
Board is inserted.
(3) A person shall not also be disqualified under clause (d) or (e)
or sub-section (1) or be deemed to have any share or interest in any
incorporated company which has any share or interest in any contract
or employment with by or on behalf of the Board by reason only of his
being a share-holder of such company:
Provided that such person discloses to the State Government the nature
and extent of the shares held by him.
Terms of office and conditions of service of Chairman and member
7. (1) The Chairman and every other member (not being an ex-officio
member) shall hold office for a period of three years from the date
of his appointment as Chairman or other member, as the case may be:
Provided that the State Government may extent the said period by a
further period not exceeding one year:
Provided further that after the expiry of the period of his appointment
a person shall be eligible for reappointment as Chairman or member:
Provided further that no person shall be appointed as Chairman for
more than three consecutive terms.
(2) Every member shall receive such allowances as may be prescribed,
(3) The Chairman may hold office in an honorary capacity or on payment
of remuneration. If any remuneration is to be paid to the Chairman,
such remuneration and other conditions of service shall be such as may
(4) The allowances to the members and the remuneration, if any, to
the Chairman shall be paid from the fund of the Board.
Vacancy of a member
8. If a member: —
(a) Becomes subject to any of the disqualifications mentioned in Section
(b) tenders his resignation in writing to the State Government; or
(c) Is absent without the permission of the Board, he shall cease to
be a member.
Vacancy to be filled as early as practicable
9. Any vacancy in the membership of the Board shall be filled in as
early as practicable:
Provided that during any such vacancy the continuing members may act
as if no vacancy had occurred.
Proceedings presumed to be valid
10. No disqualification of, or defect in the appointment, of any person
acting as Chairman or a member of the Board shall be deemed to vitiate
any act or proceeding of the Board, if such act or proceeding is otherwise
in accordance with the provisions of this Act.
Temporary absence of members
11. If any member of the Board other than the Chairman is by infirmity
or otherwise rendered temporarily incapable of carrying out his duties
or is absent on leave or otherwise not involving the vacation of his
appointment, the State Government may appoint another person to officiate
for him and carry out his functions under this Act or any rule or regulation
Appointment of officers and employees and creation of posts
12. (1) The Board shall have such officers and employees as the Board
may consider necessary for the efficient performance of its function:
Provided that the Board shall not appoint any officer in the scale
of pay the maximum of which exceeds one thousand and two hundred rupees
a month without obtaining the previous sanction of the State Government.
(2) The Board shall have power to create any post on its establishment:
Provided that no new post the scale of pay of which exceeds one thousand
nd two hundred rupees per months shall be created by the Board without
the previous sanction of the State Government.
Conditions of service of officers and employees
13. The remuneration and other conditions of service of the officers
and employees of the Board shall be such as may be determined by regulations.
Preparation and maintenance of Schedule of establishment
14. Before the first day of May of every year, the Board shall prepare
and maintain a schedule of establishment as on the first day of April
of that year showing, —
(i) The number, designations and grades and scales of pay of the officers
and employees (other than the employees who are paid by the day or whose
pay is charged to temporary work), whom it considers necessary and proper
to employ for the purposes of this Act;
(ii) The amount and nature of the salary fees and allowances to be
paid by the Board to each such officer of employee;
(iii) The amount to be paid by the Board towards leave salary pension,
provident fund or any other purpose in respect of each such officer
General disqualification of all officers and employees
15. No person who has directly or indirectly by himself or his partner
or agent any shares or interest in any contract, by or on behalf of
the Board otherwise than as an officer or employee thereof, shall become
or remain an officer or employee of the Board.
Appointment of Committee
16. (1) Subject to any rules made in this behalf, the Board may from
time to time appoint one or more Committees for the purpose of securing
the efficient discharge of its functions, and in particular for the
purpose of securing that the said functions are exercise with due regard
to the circumstances and requirements of particular local areas.
(2) Any Committee appointed under sub-section (1) shall meet to discharge
the functions assigned to it in such manner as may be directed by the
CONDUCT OF BUSINESS
Meetings of Board
17. The Board shall meet from time to time and shall make such arrangements
with respect to the day, time, notice, management and adjournment of
its meetings as it thinks fit, subject to the following provisions,
(a) An ordinary meeting shall be held once at least every two months
and five members shall form the quorum;
(b) The Chairman may whenever he thinks fit, call special meetings;
(c) Every meeting shall be presided over by the Chairman and in his
absence, by any member chosen by the meeting to preside for the occasion;
(d) All questions at any meeting shall be decided by a majority of
the votes of the members present and in case of equality of votes, the
person presiding shall have the right to exercise a second or casting
(e) The minutes of the proceedings of each meeting shall be recorded
in a book to be provided for the purpose.
Temporary association of persons with Board for particular purpose
18. (1) The Board may associate with itself, any person whose assistance
or advice it may desire for carrying into effect any of the provisions
of this Act:
Provided that the number of persons so associated shall not be more
(2) A person associated with the Board under sub-section (1) for any
purpose shall have the right to take part in the deliberations of the
Board relevant to that purpose, but shall not have the right to vote.
(3) The State Government may, by order, depute its representatives
to attend any meeting of the Board and to take part in the deliberations
of the Board, on such items or subjects as the State Government may
specify but such representatives shall not have the right to vote.
Power to make contracts
19. The Board may enter into and perform all such contracts, as it
may consider necessary or expedient for carrying out any of the purposes
of this Act.
Execution of Contract
20. (1) Every contract shall be made on behalf of the Board by the
Provided that —
(a) No contract involving an expenditure of rupees twenty lacs and
more shall be made without the previous sanction of the State Government;
(b) No contract involving an expenditure of five thousand rupees and
more shall, subject to clause (a) above, be made without the previous
sanction of the Board.
(2) Sub-section (1) shall apply to every variation or abandonment of
a contract or estimate as well as to an original contract or estimate.
Delegation of Board’s power to sanction contracts
21. Subject to any rule which the State Government may, make in this
behalf, the Board may, by order direct that the power conferred on it
under section 20 to sanction a contract shall be exercised by the Chairman
or any other officer specified by it in the order.
Further provisions as to execution of contracts
22. (1) Every contract by the Chairman on behalf of the Board shall,
subject to the provisions of this section, be entered into in such manner
and form as may be prescribed.
(2) A contract not executed as provided in this section and the rules
made thereunder shall not be binding on the Board.
Power and duties of Board to under take Housing Schemes
23. (1) Subject to the provisions of this Act and subject to the control
of the State Government, the Board may, from time to time incur expenditure
and undertake works in any area in which this Act is in force for the
framing and execution of such housing schemes as it may consider necessary.
(2) The State Government may, on such terms and conditions as it may
think fit to impose, entrust to the Board the framing and execution
of any housing scheme whether provided for by this Act or not, and the
Board shall thereupon undertake the framing and execution of such scheme
as if it had been provided for by this Act.
(3) The Board, on such terms and conditions as may be agreed upon and
with the previous approval of the State Government, take over for executing
any housing scheme on behalf of a local authority or cooperative society
or on behalf of an employer when the houses are to be built mainly for
the residence of his employees, and the Board shall execute such scheme
as if it had been provided for by this Act.
Mattes to be provided for by Housing Scheme
24. Notwithstanding anything contained in any other law for the time
being in force, a Housing Scheme may provide for all or any of the following
matters, namely: —
(a) The acquisition by purchase, exchange or otherwise of any property
for necessary or affected by the execution of the scheme;
(b) The laying or relaying out of any land comprised in the Scheme;
(c) The distribution or redistribution of site belonging to owners
or property comprised in the Scheme;
(d) The closure or demolition of dwellings or portions of dwellings
unfit for human habitation;
(e) The demolition of obstructive buildings or portions of buildings;
(f) The construction and reconstruction of buildings;
(g) The sale, letting out or exchange of any property comprised in
(h) The construction and alteration of streets and back lanes;
(i) Provision of the draining, water supply and lighting of the area
included in the Scheme;
(j) The provision of parks, playing fields and open space for the benefit
of any area comprised in the Scheme or any adjoining areas and the enlargement
and improvement of existing parks, playing-fields, open spaces and approaches;
(k) The reclamation or reservation of lands for markets, gardens, playing
fields, schools, dispensaries, hospitals and other amenities in the
(l) The letting out, management and use of the Board premises;
(m) The provision of sanitary arrangements required for the area comprised
in the Scheme, including the conservation and prevention of any injury
or contamination to rivers or other sources and means of water supply;
(n) The provision of accommodation for any class of inhabitants;
(o) The advance of money for the purpose of the Scheme;
(p) The provision of facilities for communication and transport;
(q) The collection of such information and statistics as may be necessary
for the purposes of this Act;
(r) Any other matter for which, in the opinion of the State Government,
it is expedient to make provision with a view to provide housing accommodation
and to the improvement on development of any area comprised in the Scheme
or any adjoining area or the general efficiency of the Scheme;
Explanation: — For the purposes of this section
the State Government may, on the recommendation of the Board, by notification
in the official Gazette, specify such areas surrounding or adjoining
the area included in a housing scheme to be the adjoining area.
No Housing Scheme to be made for area included in an improvement Scheme
or be inconsistent with Town Planning Schemes
25. (1) No housing scheme shall be made under this Act for any area
for which an improvement Scheme has been sanctioned by the State Government
under any enactment for the time being in force for the constitution
of a municipal corporation for any area in the State to which this Act
extends, nor any Housing Scheme made under this Act contain anything
which is inconsistent with any of the matters included in a Town Planning
Scheme sanctioned by the State Government under the Assam Town and Country
Planning Act, 1959 or in any town planning scheme duly made by or under
any corresponding law for the time being in force.
(2) If any dispute arises whether a housing scheme made under this
Act includes any area included in an improvement scheme sanctioned under
any such enactment as aforesaid or contains anything inconsistent with
any matter included in Town planning Scheme sanctioned under the Assam
Town and Country Planning Act, 1959 or in any Town Planning Scheme duly
made by or under any corresponding law for the time being in force,
the decision of the State Government shall be final.
Submission of budget Board
26. (1) The Chairman shall at a special meeting to be held in the month
of February in each year, lay before the Board, a budget of the Board
for the next year.
(2) Every such budget shall be prepared in such form as may be prescribed
and shall make provision for —
(i) The housing schemes which the Board proposes to execute whether
in part or whole during the next year.
(ii) The due fulfilment of all the liabilities of the Board, and
(iii) The efficient administration of this Act, and shall contain a
statement showing the estimated receipts and expenditure on capital
and revenue accounts for the next year and such other particulars as
may be prescribed.
Board’s sanction to Budget
27. The Board shall consider the budget laid before it under the lst
preceding section and sanction it with or without modification.
Submission of sanctioned budget to State Government for approval
28. (1) Every budget sanctioned by the Board shall be submitted to the
State Government for approval. At any time after the receipt of the
Budget, the State Government may approve the budget as sanctioned by
the Board or return it to the Board for making such modifications therein
as the State Government may deem fit.
(2) Where a budget is returned to the Board by the State Government
for making any modification therein, the Board shall forthwith make
such modifications and submit the budget as so modified to the State
Government, which may then approve it.
29. The Chairman may, at any time during the year for which a budget
has been approved by the State Government, lay before the board a supplementary
budget and the provisions of sections 26, 27 and 28 shall apply to such
Publication and execution of housing schemes
30. After the budget is approved by the State Government, the Board
shall cause the housing schemes, in respect of which provision is made
in the budget, to be published in the official Gazette in such manner
as may be prescribed, and proceed to execute the new schemes.
Variation of housing schemes
31. The Board may at any time vary and housing scheme or any part thereof
included in the budget approved by the State Government:
Provided that no such variation shall be made if it involves an expenditure
in excess of 10 per cent of the amount as included in the budget approved
by the State Government for the execution of any housing scheme or if
it affects the scope or purpose of such scheme.
Transfer to the Board for purposes of housing scheme of land rested
in a Corporation, Municipality or Mohkuma Parishad
32. (1) Whenever any street, square or other land, or any part thereof,
situated in any area of a Corporation, Municipality or Mohkuma Parishad
and vested in the Corporation, Municipality or Mohkuma Parishad constituted
therefore, is required for the purpose of any housing scheme included
in the budget approved by the State Government, the Board shall give
notice accordingly to the Corporation, Municipality or Mohkuma Parishad
as the case may be.
(2) Where the Corporation, Municipality or Mohkuma Parishad concurs,
such street, square or other land, or part thereof, shall vest in the
(3) Where there is any dispute, the matter shall be referred to the
State Government. The State Government shall, after hearing the Corporation,
Municipality or Mohkuma Parishad concerned, decide the matter and the
decision of the State Government shall be final. If the State Government
decides that such street, square or land, or part thereof, shall vest
in the Board, it shall best accordingly.
(4) Nothing in this section shall affect the rights or powers of the
Corporation, Municipality or Mohkuma Parishad in or over any drain or
water works in such streets, square or land
Compensation in respect of land vested in the Board
33. (1) Where any land vests in the Board under the provisions of section
32 and the Board makes a declaration that such land shall be retained
by the Board only until it revests in the Corporation, the Municipality
or the Mohkuma Parishad, as part of a street or open space under section
36, no compensation shall be payable by the Board to the Corporation,
the Municipality or the Mohkuma Parishad, as the case may be, in respect
of that land.
(2) Where any land vests in the Board under section 32 and no declaration
is made under sub-section (1) in respect of the land, the Board shall
pay to the Corporation, the Municipality or the Mohkuma Parishad, as
the case may be, as compensation a sum equal to the value of such land.
(3) If, in any case where the Board has made a declaration in respect
of any land under sub-section (1), the Board retains or disposes of
the land contrary to the terms of the declaration so that the land does
not revest in the Corporation, the Municipality or the Mohkuma Parishad,
compensation in respect of such land in accordance with the provisions
of sub-section (2).
Power of Board to turn or close Public Street vested in it
34. (1) The Board may turn, divert, discontinue the public use of,
or permanently close, any public street vested in it or any part thereof.
(2) Whenever that Board discontinues the public use of or permanently
closes, any public street vested in it or any part thereof, it shall,
as far as practicable, provided some other reasonable means of access
to be substituted in lieu of the use, by those entitled, of the street
or part thereof and pay reasonable compensation to every person who
is entitled, otherwise than as mere member of the public, to use such
street or part as a mean of access and has suffered damage from such
discontinuance or closing.
(3) In determining the compensation payable to any person under sub-section
(2) the Board shall make allowance for any benefit accruing to him from
the construction, provision or improvement of any other public street
at or about the same time that the public street or part thereof, on
account of which the compensation is paid, in discontinued or closed.
(4) When any public street vested in the Board is permanently closed
under sub-section (1), the Board may sell or lease so much of the said
street as is no longer required.
Reference to Tribunal in case of dispute under section 33 or 34
35. If there is any dispute as to whether any compensation is payable
under section 33 or as to the amount of compensation payable under section
33 or section 34, as the case may be, the matter shall be referred to
Vesting in Corporation, Municipality or Mohkuma Parishad, of street
laid out or altered and open space provided by the Board under Housing
36. (1) Whenever the State Government is satisfied —
(a) That any street laid out or altered by the Board has been duly
levelled, paved, metalled, flagged, channelled, sewered and drained
as required for any housing scheme included in the Budget approved by
the State Government under section 28, and
(b) That such lamps, lamp-posts and other apparatus as the Corporation,
the Municipality or Mohkuma Parishad, as the case may be, considers
necessary for the lighting of such street and as ought to be provided
by the Board have been so provided, and
(c) That water and other sanitary conveniences have been duly provided
in such street, the State Government may declare the street to be a
public street and the street shall there upon vest in the Corporation,
Municipality or Mohkuma Parishad as the case may be, and shall thenceforth
be maintained, kept in repair, lighted and cleaned by the Corporation,
Municipality or Mohkuma Parisahd.
(2) When any open space for purposes of ventilation or recreation has
been provided by the Board in executing any housing scheme, the Board
may at its option by resolution transfer such open space to the local
authority concerned on completion of the scheme and thereupon such open
space shall vest in, and be maintained at the expense of the local authority:
Provided that the local authority may require the Board before any
such open space is so transferred to enclose, level, turf, drain and
lay-out such space and provide footpaths therein and if necessary to
provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the Board and the Corporation,
Municipality or Mohkuma Parishad in respect of any matter referred to
in the foregoing provisions of this section, the matter shall be referred
to the State Government whose decision shall be final.
Other duties of the Board
37. (1) It shall be the duty of the Board to take necessary measures
to maintain, allot, lease or otherwise use the Board premises and to
collect rents, compensation and damages in respect thereof.
(2) The Board may, —
(i) Provide technical advice to the State Government and scrutinize
projects under housing schemes in the area to which this Act extends
when required by the State Government to do so;
(ii) Undertake research on various problems connected with housing
in general and find out in particular the economical methods of constructing
houses suited to local conditions;
(iii) Undertake comprehensive surveys of problems of housing;
(iv) Grant loans to individuals or body of individuals for building
houses under different schemes either at their own instance or under
the direction of the State Government and recover the loans in such
manner and in such procedure as may be prescribed;
(v) Do all things for —
(a) Unification, simplification and standardisation of building materials;
(b) Encouraging pre-fabrication and mass production of house components;
(c) Organising or undertaking the production of building materials
for residential or non-residential house;
(d) Securing a steady and sufficient supply of workmen trained in the
work of construction of buildings.
Bar to assume management of requisitioned lands
38. The Board shall, subject to the general control of the State Government,
assume management of all such lands requisitioned or continued to be
subject to requisition, by or under the authority of the State Government
under the Assam Requisition and Acquisition Act, 1964 or by or under
any corresponding law for the time being in force, as the State Government
Reconstitution of plots
39. A housing scheme may provide —
(a) For the formation of a reconstituted plot by the alterations of
the boundaries of an original plot;
(b) With the consent of the owners that two or more original plots
each of which is held in ownership in severally or in joint ownership
shall, with or without alteration of boundaries be held in ownership
in common as a reconstituted plot;
(c) For the allotment of a plot to any owner dispossessed of land in
furtherance of the housing scheme; and
(d) For the transfer of ownership of a plot from one person to another
with the consent of such persons.
Power to exempt Schemes from provisions of Sections 26 to 31
40. The State Government may, by general or special order published
in the official Gazette, exempt any housing scheme undertaken by the
Board from all or any of the provisions of sections 26 to 31 subject
to such conditions, if any, as it may impose or may direct that any
such provision shall apply to such scheme with such modifications as
may be specified in the order.
ACQUISITION AND DISPOSAL OF LAND
Power to purchase or lease by agreement
41. (1) The Board may enter into an agreement with any person for the
acquisition from him by purchase, lease or exchange, of any land which
is needed for the purposes of a housing scheme or any interest in such
land or for compensating the owners of any such right in respect of
any deprivation thereof or interference therewith.
(2) The Board may also take steps for the compulsory acquisition of
any land or any interest therein required for the execution of a housing
scheme in the manner provided in the Land Acquisition Act and the acquisition
of any land or any interest thereto for the purposes of this Act shall
be deemed to be acquisition for a public purpose within the meaning
of the Land Acquisition Act.
\42. (1) When by the making of a housing scheme any land in the area
comprised in the scheme will, in the opinion of the Board be increased
in value, the Board in framing the scheme may declare that betterment
charges shall be payable by the owner of the land or person having an
interest therein in respect of the increase in value of the land from
the execution of the scheme.
(2) Such increase in value shall be the amount by which the value of
the land on the completion of execution of the scheme estimated as if
the land were clear of the buildings exceeds the value of the land prior
to the execution of the scheme estimated in like manner and the betterment
charges shall be one half of such increase in value.
(3) Such betterment charges shall also be leviable in respect of any
land not comprised in the scheme but adjacent to the area comprised
in the scheme.
Explanation:— For the purpose of this sub-section the State Government
may on the recommendation of the Board, by notification in the official
Gazette, declare such land which is situated near or contiguous or adjacent
to any land comprised in a scheme to be adjacent to the area comprised
in such scheme.
Notice to persons liable for betterment charges
43. (1) The Board shall give notice in the prescribed form to any person
who is the owner of or has interest in the land in respect of which
the betterment charges are to be levied and shall give such person an
opportunity to be heard.
(2) After hearing such person or if such person fails to appear after
the expiry of the period within which such person is required to appear
before the Board, the Board shall proceed to assess the amount of betterment
(3) Where the assessment of betterment charges proposed by the Board
is accepted by the person concerned within the period prescribed, the
assessment shall be final.
(4) If the person concerned does not accept the assessment proposed
by the Board the matter shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an inquiry and after hearing
the person concerned, assess the amount of the betterment charges payable
by the person.
Agreement for payment of betterment charges
44. (1) Any person liable to pay betterment charges respect of any
land may at his option, instead of paying the same to the Board, execute
an agreement with the Board to leave the payment outstanding as a charge
on his interest in the land, subject to the payment in perpetuity of
interest at such rate as may be prescribed.
(2) Every payment due from any person in respect of betterment charges
and every charge referred to in sub-section (1) shall notwithstanding
anything contained in any other enactment and notwithstanding the execution
of any mortgage or charge created either before or after the commencement
of this Act, be the first charge upon the interest of such person in
Recovery of betterment charges
45. All sums payable in respect of any land by any person in respect
of betterment charges under section 42 or by any person under an agreement
under section 44 shall be recoverable on behalf of the Board as an arrear
of land revenue.
Power to dispose of land
46. Subject to any rules made by the State Government under this Act,
the Board may retain, lease, sell, exchange or otherwise dispose of,
any land, any building or other property vesting in it and situate in
the area comprised in housing scheme permitted under this Act.
Disputes regarding reconstitution of plots
47. (1) Where by the making of a housing scheme, any plot comprised
in the area included in the scheme are reconstituted or any person is
dispossessed, any person affected by such reconstitution or dispossession
may apply to the Board for compensation. The Board may, after making
such inquiry as it thinks fit, decide whether the applicant is entitled
to any compensation and if so to what extent. If the person is dissatisfied
with the decision of the Board in the matter, he may inform the Board
accordingly. The Board shall thereupon refer the matter to the Tribunal.
(2) The Tribunal shall then after making an inquiry determine the amount
of compensation and direct the Board to pay the same to the person entitled.
Constitution of a Tribunal for certain purpose
48. (1) Notwithstanding anything contained in the Land Acquisition
Act, 1894 the Government may constitute a Tribunal for the purpose of
performing the functions of the court with reference to the acquisition
of land for the Board under the said Act, for deciding disputes relating
to levy or assessment of betterment charge and for deciding such other
matters as may be prescribed. (Central Act 1 of 1894)
(2) The Tribunal shall consist of one person only who shall be a judicial
officer not below the rank of District Judge or possessing qualifications
to be appointed as a District Judge.
(3) The Tribunal shall have the same powers as are vested in a Civil
Court under the Code of Civil Procedure, 1908. (Central Act V of 1908)
Officers and Board on employees of the Tribunal
49. The Tribunal may, with the previous sanction of the Government,
appoint such officers and employees as it considers necessary for carrying
on its business, and the remuneration and other conditions of services
of such officers and employees shall be such as may be prescribed.
Payments by accounts of Tribunal
50. The amount necessary for the payment of remuneration, salaries,
allowances and other contributions payable to the Tribunal and the officers
and employees of the Tribunal shall be paid out of the funds of the
Board, with the prior approval of the Government.
Appeals from awards Tribunal
51. (1) Notwithstanding anything to the contrary in the Land Acquisition
Act, 1894 the award of the Tribunal in relation to the acquisition of
land shall be deemed to be the award of the court under the said Act.
(Central Act 1 of 1894)
(2) Any person who does not agree to the amount of the compensation
awarded by the Tribunal for the land acquired for the Board under the
Land Acquisition Act, 1894 or to the persons to whom it is payable or
to the apportionment of the compensation among those persons may within
sixth days from the date of the award of the Tribunal prefer an appeal
to the Gauhati High Court: (Central Act I of 1894)
Provided that the High Court may entertain the appeal after the expiry
of the said period if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
Awards and orders of Tribunal to be executed by Civil Courts
52. Every award of the Tribunal and every order made by the Tribunal
for the payment of money, for the delivery of possession or removal
of any structure shall be enforced by the Assistant District Judge’s
Court having jurisdiction over the area in which the land concerned
in the proceeding of the Tribunal is situated as if it were the decree
of the said Court.
POWER TO EVICT PERSONS FROM BOARD PREMISES
Appointment of competent authorities
53. The State Government may, by notification in the official Gazette,
appoint an officer who holds or has held office which, in its opinion,
is not lower in rank than that of a Deputy Commissioner or an Executive
Engineer, to be the competent authority for performing the functions
of the competent authority under this Chapter in such area, or in respect
of such premises or class of premises, as may be specified in the notification,
and more than one officer may be appointed as competent authority in
the same area in respect of different premises or different classes
Power to evict certain persons from Board premises
54. (1) If the competent authority is satisfied —
(a) That the person authorised to occupy any Board premises has,
(i) Not paid rent lawfully due from him in respect of such premises
for a period of more than two months, or
(ii) Sub-let, without the permission of the Board, the whole or any
part of such premises, or
(iii) Committed, or is committing any act contrary to the provisions
of clause (o) of section 108 of the Transfer of Property Act, 1882,
(iv) Made, or is making, material additions to or alterations, in such
premises without the previous written permission of the Board, or
(v) 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 unauthorised occupation of any Board premises,
the competent authority may, notwithstanding anything contained in any
law for the time being in force, by notice served (i) by post, or (ii)
by affixing a copy of it on the outer door or some other conspicuous
part of such premises, or (iii) in such other manner as may be prescribed,
order that person as well as any other person who may be in occupation
of the whole or any part of the premises, shall vacate them within one
month of the date of the service of the notice.
(2) Before an order under sub-section (1) is made against any person
the competent authority shall inform the person by notice in writing
of the grounds for which the proposed order is to be made and give him
a reasonable opportunity of tendering an explanation and producing evidence,
if any, and to show cause why such order should not be made, within
a period to be specified in such notice. If such person makes an application
to the competent authority for extension of the period specified in
the notice, the competent authority may grant the same on such terms
as to payment and recovery of the amount claimed in the notice as he
deems fit. Any written statement put in by such person and documents
produced in pursuance of such notice shall be filed with the record
of the case and such person shall be entitled to appear before the Officer
proceeding in this connection by advocate, attorney or pleader. Such
notice in writing shall be served in the manner provided for service
of notice under sub-section (1).
(3) If any person refuses or fails to comply with an order made under
sub-section (1), the competent authority may evict that person from,
and take possession of, the premises and may for that purpose use such
force as may be necessary.
(4) If a person, who has been ordered to vacate any premises under
sub-clause (i) or (v) or clause (a) of sub-section (1) within one month
of the date of service of the notice or such longer time as the competent
authority may allow, pays to the Board the rent in arrears or carries
out or otherwise complies with the terms contravened by him, to the
satisfaction of the competent authority, as the case may be, the competent
authority shall, in lieu of evicting such person under sub-section (3),
cancel its order made under sub-section (1) and thereupon such person
shall hold the premises on the same terms on which he held them immediately
before such notice was served on him.
Explanation: — For the purposes of this section
and section 55 the expression “unauthorised occupation”,
in relation to any person authorised to occupy any Board premises, includes
the continuance in occupation by him or by any person claiming through
or under him of the premises after the authority under which he was
allowed to occupy the premises has been duly determined.
Power to recover rent or damages as arrears of land revenue
55. (1) Subject to any rules made by the State Government in this behalf
and without prejudice to the provisions of section 54 where any person
is in arrears of rent payable in respect of any Board premises, the
competent authority may, by notice served (i) by post, or (ii) by affixing
a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, order
that person to pay the same within such time not less than fifteen days
as may be specified in the notice. If such person refuses or fails to
pay the arrears of rent within the time specified in the notice, such
arrears may be recovered as arrears of land revenue.
(2) Where any person is in unauthorised occupation of any Board premises,
the competent authority may, in the manner, and having regard to the
principles of assessment of damages, prescribed in this behalf, assess
such damages on account of the use and occupation of the premises as
it may deem fit, and may by notice served (i) by post, (ii) by affixing
a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, order
that person to pay the damages within such time as may be specified
in the notice. It any person refuses or fails to pay the damages within
the time specified in the notice, the damages may be recovered from
him as arrears of land revenue.
(3) No order shall be made under sub-section (2) until after the service
of a notice in writing to the person calling on him to show cause, within
a reasonable period to be specified in such notice, why such order should
not be made, and until his objections, if any, and any evidence he may
produce in support of the same have been considered by the competent
Rent to be recovered from deductions from salary of wages in certain
56. (1) Without prejudice to the provisions of section 55, any person
who is an employee of the State Government or a local authority and
who has been allotted any Board premises, may execute an agreement in
favour of the State Government or any local authority, as the case may
be, providing that the State Government or the local authority, as the
case may be, under or by whom he is employed, shall be competent to
deduct from the salary or wages payable to him such amount as may be
specified in the agreement and to pay the amount so deducted to the
Board in satisfaction of the rent due by him in respect of the Board
premises allotted to him,
(2) On the execution of such agreement, the State Government or local
authority, as the case may be, shall, if so required by the Board by
requisition in writing make the deduction of the amount specified in
the requisition from the salary or wages of the employee specified in
the requisition in accordance with the agreement and pay the amount
so deducted to the Board:
Provided that no such agreement in favour of the local authority by
the employee concerned shall be valid unless such local authority has
agreed in writing to make such deduction on account of rent from the
salary or wages of the employee.
57. (1) Any person aggrieved by an order of the competent authority
under section 54 or section 55 may, within one month of the date of
the service of the notice under section 54 or section 55, as the case
may be, prefer an appeal to the State Government:
Provided that the State Government may entertain the appeal after the
expiry of the said period of one month, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
(2) On receipt of an appeal under sub-section (1) the State Government
may, after calling for a report from the competent authority, and after
hearing the appellant and making such further inquiry, if any, as may
be deemed necessary, pass such orders as it thinks fit and the order
of the State Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the State Government
may stay the enforcement of the order of the competent authority for
such period and on such conditions as it thinks fit.
Bar of Jurisdiction of civil Courts
58. No order made by the State Government or the competent authority
in the exercise of any power conferred by or under this Chapter shall
be called in question in any civil court and no injunction shall be
granted by any court or other authority in respect of any action taken
or to be taken in pursuance of any power conferred by or under this
FINANCE, ACCOUNTS AND AUDIT
59. (1) The Board shall have its own fund.
(2) The fund of the Board shall consist of —
(i) All grants, subventions, donations and gifts received from the
Central or State Government or a local authority or any individual or
body, whether incorporated or not, for all or any of the purposes of
this Act; and
(ii) All moneys received by or on behalf of the Board by virtue of
this Act, all proceeds of land or any other kind of property sold by
the Board, all rents, betterment charges and all interest, profit and
other moneys accruing to the Board.
(3) Except as otherwise directed by the State Government, all moneys,
and receipts specified in the foregoing provisions and forming part
of the fund of the Board shall be deposited in the Reserve Bank of India
or in any scheduled bank or invested in such securities as may be approved
by the State Government.
(4) Such amounts shall be operated upon by such officers as may be
authorised by the Board.
Explanation:— For the purposes of this section the Reserve Bank
of India shall mean the Reserve Bank of India constituted under the
Reserve Bank of India Act, 1934 and a scheduled bank shall mean a bank
included in the Second schedule to the said Act.
Application of the fund
60. All property, fund and all other assets vesting in the Board shall
be held and applied by it, subject to the provisions and for the purposes
of this Act.
Expenditure in case of urgency
61. (1) Where in the opinion of the Board, circumstances of extreme
urgency have arisen it shall be lawful for the Board to make in any
(a) Recurring expenditure not exceeding twenty-five thousand rupees,
(b) Non-recurring expenditure not exceeding one lac of rupees.
(2) Where any sum is expended under circumstances of extreme urgency
as provided in sub-section (1), a report thereof indicating the source
from which it is proposed to meet the expenditure shall be made by the
Board as soon as practicable to the State Government.
Subvention and loans to the Board.
62. (1) The State Government may from time to time make subvention
to the Board for the purposes of this Act on such terms and conditions
as the State Government may determine.
(2) The State Government may from time to time advance loans to the
Board on such terms and conditions not inconsistent with the provisions
of this Act as the State Government may determine.
Expenditure of the State Government to be treated as loan or grant
to the Board
63. (1) The State Government may, with prior consultation with the
Board at any time, declare that any expenditure incurred by it and any
proceeding initiated by it, either before or after the constitution
of the Board, shall be expenditure incurred or proceedings initiated,
on behalf of the Board and upon such declaration, amount equivalent
to such expenditure shall be deemed to have been given by the Government
to the Board as loan with effect from such date as the State Government
may appoint, provided that the State Government may give such amount
as grant to the Board instead of as loan.
(2) On a declaration being made under sub-section (a) above, such assets
and liabilities as may have been created or as may have accrued as a
result of the expenditure in respect of which a declaration have been
made under sub-section (4), shall vest in the Board.
Power of Board to borrow
64. (1) The Board may, from time to time, with the previous sanction
of the State Government and subject to the provisions of this Act and
to such conditions, as may be prescribed in this behalf, borrow any
sum required for the purposes of the Act.
(2) The rules made by the State Government for the purposes of this
section may empower the Board to borrow by the issue of debentures and
to make arrangements with bankers.
(3) All debentures issued by the Board shall be in such form as the
Board, with the sanction of the State Government, may from time to time
(4) Every debenture shall be signed by the Chairman and one other member
of the Board.
(5) Loans borrowed and debentures issued under this section may be
guaranteed by the State Government as to the repayment of principal
and the payment of interest at such rate as may be fixed by the State
Account and audit
65. (1) The Board shall cause to be maintained proper books of accounts
and such other books as the rules may require and shall prepare in accordance
with the rules an annual statement of accounts.
(2) The Board shall cause its accounts to be audited annually by such
person as the State Government may direct. The person so directed shall
have the right to demand the production of books, accounts, and connected
voucher, documents and papers, and to inspect any of the offices of
(3) As soon as the accounts of the Board have been audited, the Board
shall send a copy thereof together with a copy of the report of the
auditor thereon to the State Government and shall cause the accounts
to be published in the prescribed manner and place copies thereof on
sale at a reasonable price.
(4) The Board shall comply with such directions as the State Government
may after perusal of the report of auditor think fit to issue.
Concurrent and special audits of accounts
66. (1) Notwithstanding anything contained in Section 65, the State
Government may order that there shall be a concurrent audit of the accounts
of the Board by such person as it thinks fit. The State Government may
also direct a special audit to be made by such person as it thinks fit
of the accounts of the Board relating to any particular transaction
or a class or series of transactions or to a particular period.
(2) When an order is made under sub-section (1), the Board shall present
or cause to be presented for audit such accounts and shall furnish to
the person appointed under sub-section (1) such information as the said
person may require for the purpose of audit and remedy or cause to be
remedied the defects pointed out by such person, unless they are condoned
by the State Government.
67. The Board shall, before such date and in such form and at such
interval as may be prescribed, submit to the State Government a report
on such matters as may be prescribed and the State Government shall
cause such report to be published in the official Gazette. Every such
report shall be laid before the House of the State Legislature as soon
as may be after it is published.
Other statement and returns
68. The Board shall also submit to the State Government such statistics,
returns, particulars, statements, documents or papers in regard to any
proposed or existing scheme or relating to any matter or proceedings
connected with the working of the Board at such times and in such form
and manner as may be prescribed or as the State Government may from
time to time direct.
Power and Entry
69. The Chairman or any person either generally or specially authorised
by the Chairman in this behalf may, with or without assistants or workmen,
enter into or upon any land, in order—
(a) To make any inspection, survey, measurement, valuation or inquiry;
(b) To take levels;
(c) To dig or bore into the sub-soil;
(d) To set boundaries and intended lines of work;
(e) To make such levels, boundaries and lines of works and cutting
(f) To do any other thing;
whenever it is necessary to do so for any of the purposes of this Act
or any rules made or scheme sanctioned thereunder:
Provided as follows:
(a) No such entry shall be made between sunset and sunrise;
(ii) No dwelling house and no public building which is used as a dwelling
place, shall be so entered except with the consent of the occupier thereof,
and without giving the said occupier at least twenty-four hours previous
written notice of the intention to make such entry;
(iii) Sufficient notice shall in every instance be given, even when
any premises may otherwise be entered without notice to enable the inmates
of any apartment appropriate to females to remove themselves to some
part of the premises where their privacy will not be disturbed;
(iv) Due regard shall always be had, so far as may be compatible with
the exigencies of the purpose for which the entry is made, to the social
and religious usages of the occupants of the premises entered.
Notice of suit against Board
70. No person shall file any suit against the Board or against any
officer or employee of the Board or any person acting under the orders
of the Board, for anything done or purporting to have been done in pursuance
of this Act, without giving to the Board, officer or employee or person
two month’s previous notice in writing of the intended suit and
of the cause thereof, nor after six months from the date of the act
Valuation of assets and liabilities of the Board
71. The Board shall at the end of every five years have a valuation
of its assets and liabilities made by a valuer appointed with the approval
of the State Government:
Provided that it shall be open to the State Government to direct a
valuation to be made at any time it may consider necessary.
Power to make rules
72. (1) The State Government may, by notification in the official Gazette
and subject to the condition of previous publication, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may provide for all or any of the following matter,
(a) The allowances of members and remuneration and conditions of service
of the Chairman under Section 7;
(b) The manner and form in which contracts shall be entered into under
(c) The form of the annual budget to be laid before the Board under
section 26 and the other particulars to be contained therein;
(d) The manner of publication of housing schemes included in the budget
under section 30;
(e) The form of notice under section 43;
(f) The rate of interest under section 44;
(g) The other matters to be decided by the Tribunal under section 49;
(h) The forms of notices under sections 54 and 55 and any other manner
in which they may be served;
(i) The procedure to be followed in taking possession of any Board
premises under section 54;
(j) The manner in which damages under section 55 may be assessed;
(k) The manner in which appeals may be preferred under section 57 and
the procedure to be followed in such appeals;
(l) The conditions subject to which the Board may borrow any sum under
(m) The manner of preparation, maintenance and publication of accounts
under section 65;
(n) The date before which, the form in which, the interval at which
and the matters on which reports shall be submitted under section 67;
(o) The time at which and the form and manner in which statistics,
returns, particulars, statements, documents and papers shall be submitted
under section 68;
(p) The manner in which the Board shall be superseded and reconstituted
under section 83;
(q) Any other matter, which is or may be prescribed under this Act;
(3) All rules made under this section shall be laid as soon as may
be, after they are made, before the Assam Legislative Assembly while
it is in session for a total period of fourteen days which may be comprised
in one session or in two successive sessions, and if, before the expiry
of the session in which it is so laid or the session immediately following,
the Assam Legislative Assembly agree in making any modification in the
rule or the Assam Legislative Assembly agree that no rules should be
made, the rules shall thereafter, have effect only in such modified
form or be of no effect, as the case may be; provided that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under the rules.
73. (1) The Board may from time to time, with the previous sanction
of the State Government, make regulations consistent with this Act and
(a) For the management and use of buildings constructed under any housing
(b) The principles to be followed in allotment of tenements and premises;
(c) The remuneration and conditions of service of the other officers
and employees of the Board under section 14;
(d) For regulating its Procedure and disposal of its business.
(2) If it appears to the State Government that it is necessary or desirable
for carrying out the purposes this Act to make any regulation in respect
of matters specified in sub-section (1) or to amend any regulation made
under that sub-section, it may call upon the Board to make such regulation
or amendment within such time as it may specify. If the Board fails
to make such regulation or amendment within the time specified, the
State Government may itself make such regulation or amendment and the
regulation or the amendment so made shall be deemed to have been made
by the Board under sub-section (1).
Power to make bye-laws
74. (1) The Board may make bye-laws, not inconsistent with this Act,
which may be necessary or expedient for the purpose of carrying out
its duties and functions under this Act.
(2) A bye-law made under this section may provide that a contravention
thereof shall be an offence.
(3) No bye-laws made by the Board shall come into-force until it has
been confirmed by the State Government with or without modification.
(4) All bye-laws made under this section shall be published in the
Penalty for contravention of bye-laws
76. If any person —
(a) Obstructs, or molests any person with whom the Board has entered
into a contract, in the performance or execution by such person of his
duty or of anything which he is empowered or required to do under this
(b) Removes any marks set up for the purpose of indicating any level
or direction necessary to the execution of works authorised under this
He shall, on conviction, he punished with imprisonment for a term,
which may extend to three months or with fine, which may extend to five
hundred rupees or with both.
Penalty for obstructing exercise of powers under Chapter VI
77. Any person who obstructs the lawful exercise of any power conferred
by or under Chapter VI shall, on conviction, be punished with fine,
which may extend to one thousand rupees.
Authority for prosecution
78. Unless otherwise expressly provided, no Court shall take cognisance
of any offence punishable under this Act except on the complaint of,
or upon information received from, the Board or some person authorised
by the Board by general or special order in this behalf.
Members, officers and employees of the Board to be public servants
79. All members, officers and employees of the Board shall be deemed
when acting or purporting to act in pursuance of any of the provisions
of this Act, to be public servants within the meaning of section 21
of the Indian Penal Code.
Protection of action taken under this Act
80. No suit, prosecution or other legal proceedings shall lie against
any person for anything done in god faith or purported to be done under
Governments power to give directions to Board
81. The State Government may give the Board such directions as in its
opinion are necessary or expedient for carrying out the purposes of
It shall be the duly of the Board to comply with such directions.
Power to order inquiries
82. (1) The State Government with a view to satisfy itself that the
powers and duties of the Board are being exercise and performed properly
may, at any time, appoint any person or persons to make inquiries
(2) The Board shall give to the person or person so appointed all facilities
for the proper conduct to the inquiries and shall produce before the
person or persons any document, account or information in the possession
of the Board, which such person or persons demand for the purposes of
Default in performance of duty and supersession
83. (1) If the State Government is satisfied that the Board has made
default in performing any duty imposed on it by or under this Act, it
may fix a period for the performance of that duty.
(2) If in the opinion of the State Government the Board fails or neglects
to perform such duty within the period so fixed for its performance,
it shall be lawful for the State Government, notwithstanding anything
contained in Section 8, to supersede and reconstitute the Board in the
(3) After the supersession of the Board and until its is reconstituted
the powers, duties and functions of the Board under this Act shall be
carried on by the State Government or by such officer or officers as
the State Government may appoint for this purpose.
Dissolution of the Board
84. (1) The State Government may, if it is satisfied in public interest
to do so, by a notification, in the Official Gazette, declare that with
effect from such date, as may be specified in the notification, the
Board shall stand dissolved.
(2) With effect from the date specified in the notification under sub-section
(a) All properties, funds and dues, which are vested in or realizable
by the Board shall vest in and be realizable by the State Government;
(b) All liabilities enforceable against the Board shall be enforceable
against the State Government to the extent of the properties, funds
and dues vested in and realised by the State Government.
(3) Nothing in this section shall affect the liability of the State
Government in respect of loans or debentures guaranteed under sub-section
(5) of Section 64.