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THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956 Act No XLVI of 1956 ARRANGEMENT OF SECTIONS CHAPTER – I PRELIMINARY

82 sections · 1 chapters

Section 1 Short title, extent and commencement - (1) This Act may be called the Andhra Pradesh Housing Board Act, 1956.
Section 2 It extends to the whole of the State of Andhra Pradesh.
Section 3 It shall come into force on such date and in such areas as the State
Section 4 Constitution of the Board – 6[(1) The Board shall consist of the following
Section 5 Leave of absence of Chairman - The Government may from time to time grant to the Chairman such leave as may be admissible under the rules and any person whom the Government appoints to act for the Chairman during such absence on leave shall, while so acting be deemed for all purposes of this Act to be the Chairman.
Section 6 Disqualification for appointment on Board - (1) A person shall be
Section 7 Term of office and conditions of service – 1[(1) The Chairman and every member of the Board, other than ex-officio members, shall hold office during the pleasure of the Government.
Section 8 The remuneration shall be paid from the Fund of the Board.
Section 9 Vacancy to be filled - Any vacancy in the Office of a member due to death, resignation or removal or becoming in capable of acting as such shall be filled by the Government, by appointment of a person thereto, who shall hold Office so long only as the member in whose place he is appointed would have held it if the vacancy had not occurred.
Section 10 Vacancy or irregularities not to invalidate the proceedings - (1) No act of the Board or any person acting as Chairman or member there of shall be deemed to be invalid by reason only of some defect in the appointment of such Board or appointment of such Chairman or member, or on the ground 4[that they or any of them were disqualified] for such Office or that formal notice of the intention to hold a meeting of the Board was not duly given or for any informality.
Section 11 Appointment of Committees - Subject to such rules as may be made in this behalf the Board may, from time to time, and for any particular local area appoint one or more committees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such committee may discharge such duties or perform such functions with due regard to the circumstances and requirements of that particular area.
Section 12 Meetings of the Board - The Board shall meet from time to time 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, namely:-
Section 13 Power to make contracts - The Board may enter in to and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out any of the purpose of this Act.
Section 14 Execution of contracts - (1) Every Contract shall be made on behalf of the Board by the 1[Vice-Chairman and Housing Commissioner]:
Section 15 Further Provision as to execution of contracts - (1) Every contract made by the 4[Vice-Chairman and Housing Commissioner] on behalf of the Board shall, subject to the provision of this section, be entered in to in such manner and form as may be prescribed.
Section 16 Application of 5[Service Rules] and Certain other rules - Unless otherwise provided in this Act or prescribed thereunder 6[the provisions of the Service Rules for the time being in force in the State] relating to salaries, leave, pensions, traveling allowance, retirements and all conditions of service and the rules for the time being in force relating to the conduct of Government servants and enquiries in to the conduct and punishment of Government servants, shall apply to the Officers and servants of the Board appointed under Section 17.
Section 17 Appointment of Officers & Servants - (1) Subject to the provisions of this Act the Board may have a Secretary, 7[XXXX] one or more Assistant Housing Commissioner and such other engineers, architects, Officers and servants as it shall deem necessary and proper for the efficient execution of its duties and shall from time to time prepare, for the sanction of Government, a schedule of the staff to be so maintained setting forth their designations, grades, salaries, fees and allowances, and their respective duties and may also determine which of the staff is to be maintained permanently and which temporarily:
Section 18 Conditions of service of Officers and servants - The remuneration and other conditions of service of the Secretary, 3[XXXX] and other Officers and servants of the Board shall be such as may be prescribed.
Section 19 The exercise of any powers delegated under this section shall be subject to such restrictions, limitations and conditions and to such control by the Board as may be specified in the order.
Section 20 General disqualification of all Officers and servants - No person who has directly or indirectly by himself or his partner or agent any share or interest in any contract, by or on behalf of the , or in any employment under, by or on behalf of the Board otherwise than as an Officer or servant thereof, shall become or remain an Officer or servant of the Board.
Section 21 Duty of Board to undertake housing schemes - Subject to the provisions of this Act and subject to the control of the Government, the Board may incur expenditure and undertake works for the framing and execution of such housing schemes as it may consider necessary from time to time, or as may be entrusted to it by the Government.
Section 22 Matters to be provided for by housing schemes - 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:-
Section 23 No housing scheme to be made for area included in improvement scheme or be inconsistent with town planning scheme –(1) No housing scheme shall 2[unless the Government by general or special order otherwise direct]-
Section 24 Preparation and submission of annual housing programme, budget and establishment schedule – (1) Before the first day of December in each year the Board shall prepare and forward-
Section 25 Programme to be published for inviting suggestion and objections – (1) The Board shall, before forwarding the programme to the Government under Section 24 publish a draft of the programme in the 2[Andhra Pradesh Gazette] and in such other manner as may be prescribed.
Section 26 S,23.
Section 27 Publication of sanctioned programme - The Government shall publish the programme sanctioned by it under Section 26, in the 2[Andhra Pradesh Gazette.
Section 28 Supplementary programme budget and establishment schedule - The Board may, at any time, during the year, in respect of which a programme has been sanctioned under Section 26 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the Government and the provisions of Section 26 shall apply to such supplementary programme, budget and schedule. The provisions of Section 27 shall also apply to such programme.
Section 29 Variation of programme by Board after it is sanctioned - The Board may, at any time, vary programme or any part thereof 3[sanctioned by the Government, without deviating from the very purpose for which it is sanctioned:]
Section 30 Sanctioned Housing Schemes to be executed - After the programme has been sanctioned and published by the Government under Sections 26 and 27, the Board shall, subject to the provisions of Section 29 proceed to execute the housing schemes included in the programme.
Section 31 Publication of housing scheme in the 2[Andhra Pradesh Gazette] - (1) Before proceeding to execute any housing scheme under Section 30 the Board shall, by notification in the 2[Andhra Pradesh Gazette], publish the scheme. The notification shall specify that the plan, showing the area which it is proposed to include in the housing scheme and the surrounding lands, shall be open to inspection of the public at all reasonable hours at the Office of the Board.
Section 32 Transfer to the Board for purposes of housing scheme of land vested in local authority - (1) Whenever any street, square or other land, or any part thereof which is situated within the Jurisdiction of a local authority and is vested in the said local authority, is within the area included in the programme sanctioned by the Government and is required for the purpose of such housing scheme, the Board shall give notice accordingly to the local authority in which it vests.
Section 33 Compensation in respect of land vested in the Board - (1) Where any land vests in the Board under the provisions or Section 32 and the Board makes declaration that such land shall be retained by the Board only until it revests in the local authority as part of a street or an open space under Section 26 no compensation shall be payable by the Board to the local authority in respect of that land.
Section 34 Power of Board to turn or close public street vested in it - (1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof.
Section 35 Reference to Tribunal in case of dispute under sections 33 or 34 - If there is any dispute as to whether any compensation is payable under section
Section 36 Vesting in local authority of street laid out or altered and open space provided by the Board under housing scheme - (1) Whenever the Government is satisfied-
Section 37 Other duties of the Board - It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for-
Section 38 Reconstitution of plots - A housing scheme may provide
Section 39 Power to exempt schemes from provisions of section 24 to 31 - The Government may, by general or special order published in the 1[Andhra Pradesh Gazette], exempt any housing scheme entrusted by it to the Board from all or any of the provisions of sections 24 to 31 (both inclusive) 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.
Section 40 Power to purchase or lease by agreement - (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.
Section 41 Betterment charges - (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 any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.
Section 42 Notice to persons liable for betterment charges - (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.
Section 43 Agreement for payment of betterment charges - (1) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the said charges in lumpsum to the Board, execute an agreement with the Board to pay the same in such number of installments as may be determined by the Board at such interest as may be prescribed.
Section 44 Recovery of betterment charges - All sums payable in respect of any land by any person in respect of betterment charges under section 41 or by any person under an agreement under section 43 shall be recoverable on behalf of the Board as an arrear of land revenue.
Section 45 Power to dispose of land - Subject to any rules made by the Government under this Act, the Board may retain, lease, sell, exchange, mortgage or otherwise dispose of, any land, building or other property vesting in it 1[XXX.
Section 46 Disputes regarding reconstitution of plots - (1) Whereby the making of a housing scheme, any plots 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.
Section 47 Constitution of the Tribunal – The Tribunal shall consist of single member who shall be a judicial officer of the status of a District Judge.
Section 48 Duties of Tribunal - The Tribunal shall
Section 49 Powers of President.
Section 50 Powers of and procedure before Tribunal - (1) In making inquiries under sections 33, 35, 42 and 46 of the Act, the Tribunal shall have and exercise the same powers as are vested in a Civil Court in respect of
Section 51 Decision of Tribunal to be final - The decision of the Tribunal on any matter referred to it under this Act shall be final and shall not be questioned in any court of law.
Section 52 Power to evict certain persons from Board premises - (1) If the
Section 53 Power to recover rent or damages – (1) Subject to any rules made by the Government in this behalf and without prejudice to the provisions of section 52 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 together with such other amounts as may be due by him
Section 54 Without prejudice to the aforesaid mode of recovery, such amount shall also be recoverable as if it were arrears of land revenue.
Section 55 Appeal – (1) Any person aggrieved by an order of the competent authority under 1[sub-section (2) or sub-section (2-A) of section 52] or section 53 may, within one month from the date of the confirmation of the order under section 52, or the date of the service of the notice under section 53, as the case may be, prefer an appeal to the appellate authority:
Section 56 Procedure and powers of competent authority and appellate authority
Section 57 Bar of Jurisdiction of Civil Courts - Save as provided in section 55, no order made by the competent authority or the appellate authority, in exercise of any power conferred by or under this Chapter shall be called in question in any 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 Chapter.
Section 58 Board’s Fund - (1) The Board shall have its own fund, 2[The fund shall be vested and deemed to have always vested in the State. The fund shall be operated by the Board based on or according to the directions given by the State from time to time. All receipts into the said Fund and all payments from the said Fund shall be received and made, and be so deemed to have been received and made by the Board on behalf of the State.
Section 59 Application of the fund - All property, Fund and all other assets held by the Board on behalf of the State shall be applied by the Board for the purpose of this Act and in accordance with the provisions of this Act.
Section 60 Expenditure in case of urgency - (1) Where in the opinion of the Board circumstances of extreme urgency have arisen it shall be lawful for the Board to make for the purpose of this Act in any year, expenditure not exceeding rupees ten thousand, notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the Government or the variation of the programme made under section 29;
Section 61 Subventions and loans to the Board - (1) The Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions not inconsistent with the provisions of this Act as the Government may determine.
Section 62 Power of Board to borrow - (1) The Board may from time to time, with the previous sanction of the 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 this Act.
Section 63 Accounts and Audit - (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules under this Act may require and shall prepare in accordance with such rules and annual statement of accounts.
Section 64 Concurrent and special audits of accounts - (1) Not withstanding anything contained in Section 63, the Government may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The Government may also direct a special audit to be made by a Chartered Accountant appointed by it of the accounts of the Board relating to any particular transaction or a class or series of transaction or to a particular period. 2[The audited accounts shall be laid before each house of the State Legislature as soon as may be after they are received by State Government.

THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956 Act No XLVI of 1956 ARRANGEMENT OF SECTIONS CHAPTER – I PRELIMINARY

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THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956 Act No XLVI of 1956 ARRANGEMENT OF SECTIONS CHAPTER – I PRELIMINARY
Chapter VIII

Chapter VIII

MISCELLANEOUS

Sections in this chapter

Section 65 — Reports - The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the Government a report on such matters as may be prescribed, and the Government shall cause report to be published in the 3[Andhra Pradesh Gazette]. Every such report, shall be laid before the Legislative Assembly as soon as may be after it is published.
Section 66 — Other statements and returns - The Board shall also submit to the Government such statistics returns, particulars or statements in regard to any proposed or existing housing schemes at such times and in such form and manner as may be prescribed or as the Government may from time to time direct.
Section 67 — S,23.
Section 68 — Notice of suit against Board - No person shall commence any suit against the Board or against any Officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to be done in pursuance of this Act, without giving to the Board, officer or servant 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 complained of.
Section 69 — Triennial valuation of assets and liabilities of the Board - The Board shall triennially have a valuation of its assets and liabilities made by a valuer appointed by the Government:
Section 70 — Power to make Rules - (1) The Government may, by notification in the
Section 71 — Regulations - The Board may from time to time, with the previous sanction of the Government, make regulations consistent with this Act and with any rules made under this Act
Section 72 — Power to make bye-laws - (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.
Section 73 — Penalty for contravention of bye-laws - Whoever contravenes a bye-law made under section 72 shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.
Section 74 — Penalty for obstructing etc. - If any person
Section 75 — Penalty for contravention of any provisions of Chapter VI and for obstructing lawful exercise of power thereunder - Any person who contravenes any provision of Chapter VI or any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under that Chapter shall, on conviction, be punished with fine which may extend to one thousand rupees.
Section 76 — Authority for prosecution - Unless otherwise provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint, or upon information received from, the Board or some person authorised by the Board by General or special order in this behalf.
Section 77 — Certain persons to be public servants - The Tribunal, the appellate authority, the competent authority and all members, Officers and servants 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.
Section 78 — Protection of action taken under this Act - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.
Section 79 — Government’s powers of supervision - (1) The Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections. It shall be the duty of the Board to comply with such directions.
Section 80 — Provided that no order shall be reversed unless notice has been given to the parties interested to appear and be heard in support of such order.
Section 81 — Dissolution of the Board - (1) The Government may, by notification in the
Section 82 — Repeal and saving - (1) The Hyderabad Labour Housing Act, 1952 (36 of 1952), the Secunderabad Town Improvement Trust A’ in, 1355 Fasli, and all rules, regulations and orders pertaining to the constitution, working and activities of the Hyderabad City Improvement Board and for the time being having the force of Law, are hereby repealed: