The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014
This Act sets up the Arunachal Pradesh State Housing Board and gives it powers to plan, carry out, finance, and manage housing schemes, land, and Board premises.
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This Act sets up the Arunachal Pradesh State Housing Board and gives it powers to plan, carry out, finance, and manage housing schemes, land, and Board premises. This part mainly sets out reporting, audit, inspection, rulemaking, enforcement, and government control powers for the Board.
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Provisions of The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014
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AI-assisted research summary: This Act sets up the Arunachal Pradesh State Housing Board and gives it powers to plan, carry out, finance, and manage housing schemes, land, and Board premises.
THE ARUNACHAL PRADESH HOUSING BOARD ACT, 2014 (ACT NO. 14 OF 2014) (Received the assent ol the Governor on 10th October, 2014 and published in the Arunacal Pradesh E.O. Gazetle No 196, Vol. XXI dated 29th october, 2014) An Act to provide for the Constttution and Regulation of Housing Board for Arunachal Prudesh; tor the puryose of hking measures to deal with the need lor housing a@ommodation and tor futher amendment ol law rclating to eviction of persons in unauthoised o@uption and tor the ludher amendment of law relating to aquisi on of land aN for matters connected therewith. BE it enacted by the Legislature ol Arunachal Pradesh in the :- Sixty{ifth Year of the Republic of lndia as lollows 196 . CHAPTER I PHELIMINARY Short title, Extent and 1 . (1) This Act may be called the Arunachal Pradesh c0mmence- State Housing Board Acl,2014. ment. (2) lt extends to the whole of the State of Arunachal Pradesh. (3) lt shall come into force on such date or dates as may be notified by the State Government. Definition. 2. ln this Act, unless the context otherwise requires, - (a) "adjoining area' means such area as may be specified to be an adloining area under section 17 : (b) 'Board" means the Arunachal Pradesh, State Housing Board established and constituted under section 3 ; (c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board orentrusted to or in possession orunder the control of the Board under this Act ; (d) "Building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes of this Act ; (e) "by+laws" means by*laws made under section Z ; (f) "Chairman" means the Chairman of the Board ; (s) "Competent authority" means any person authorised by the State Government, by notification, to perform the functions of the competent authority under Chapter Vl for such area as may be specilied in the notification; (h) "Housing scheme" means a housing scheme made under this Act, the rules and regulations made thereunder: (i) "Land" includes benerits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; 197 (]) "local authority" means a i/unicipality constituted undertheArunachal Pradesh [/unicipalAct, 2007 or Gram Panchayat constituted under the Arunachal Pradesh Gram Panchayat Act, 2000; (k) "lvlember" means a member of the Board including the Chairman; (l) "Premises" means any land or building or part of a building and includes:- (i) Gardens, grounds and outhouses, if any, appurtenant to such building, any litting affixed to such building or part of a building for the more beneficial enjoyment thereof; (ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ; (m) "prescribed" means prescribed by rules under this Acti (n) "regulations" means regulations made under section 76; (o) "rent" means the amount payable to the Board in respect of the occupation of the Board's premises and includes the charges for water and electricity payable in respect of water and electricity used or consumed in the premises; (p) ''Secretary" means the Secretary of the Board; (q) "Tribunal" means the Tribunal specified under section 44; and (r) "year" means the year commencing on the 1st day of April and ending on the 31st day of l\,4arch. CHAPTER - II ESTABLISHMENT OF THE BOARD 3.(1) The State Government may, by notification Establish- establish a Board to be known as "the Arunachal ment ol the Pradesh State Housing Board". Board. (2\ The Board shall, by the name aforesaid, be a body corporate having perpetual succession and a common sealwith power subject to the provisions 198 of this Act, or the rules made, thereunder, shall have the power to acquire, hold and dispose of property, both movable and immovable, and to enter into contract and may by the said name sue orbe sued and do allsuch things as are necessary for which it is constituted. (3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority. Explanation: The purposes of this Bill referred to in sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or ,or lhe purposes ol this Acl and the exercise ol its rights over and with respect to such lands and buildings for the purposes of this Acl. Constitution 4. (1) The Boad shallonsislof a Chajrman, avrcechairman of the Board. and such other members not more than twelve and not less than six as the State Government may, from time to time, by notification, appoint: Provided that the Chairman and the Vice-Chairman shall be appointed lrom amongst the officers ollhe rank ol Head of the Department or Chief Secretary and Development Commissioner of the State Government respectively. The Chairman, Vice-Chairman and all other official Members shall be Ex-officio. (2) The Government may, by notification, remove from otfice, the Chairman, Vice-Chauman and non-otficial members. (i) Otlicial llemberc The following will be lhe members, namely; Housing (a) Secretary - Member Secretary Finance (b) Secretary - Member (c) Secretary Rural Development - Member 199 (d) Secretary Land Management - Member (e) Planning Director, Town - Member (f) Director, Housing - Member (g) Director, UD - Member (ii) l,l,on-Otficial llembers (a) Three Non-Otticial Members to be appointed by the State Government where one of the members to be from Housing and Urban Development Corporation (HUDCO) or a representative from the ministry of Housing and Urban Poverty Alleviation, Governmenl ol lndia, New Delhi. (b) Until the Board is established and constituted in accordance with the provisions of the preceding sub- sections, the State Government may constitute a Board consisling ol one person, who shall be an officer of the $ate Government, to be appointed , by the State Government, and a Board so constituted shall, as from the commencement ol this Bill and lor a period not exceeding one year from such commencement, be deemed to be the Board established and conslituted for the purpose of carrying out all the provisions of this Act. 5. (1) The Chairman, Vice-Chairman and every non- Terms ol olficial member shall hold office for a period of ollice and lhree years from the date ol his/her appointment conditions of but shall be eligible for re-appointment as such service. Chairman, Vice-Chairman or member. (2) The Chairman, Vice-Chairman and the non-official members will receive travelling allowances and daily allowances and each member will receive a sitting fee @ Rs.500 per sitting tor attending meetings. (3) The honorarium to the members shall be paid trom the fund of lhe Board and such honorarium and olher conditions of service shall be such as may be prescribed. 200 Resignation 6. (1) The Chairman, Vice-chairman or any other of Chairman member/non-official member may at any time and Mem- resign his/her office by tendering his/her bers. resignation to the State Government but shall continue to remain in office until his/her resignation is accepted. (2) A person shall be disqualified lor being appointed or for continuing as the Chairman, Vice-Chairman or member of the Board, il he/she, - (a) holds any olfice or place of prolit urder the Board ; (b) is of unsound mind ; (c) is an undischarged insolvent ; (d) has, directly or indirectly by himselt/herself or by any partner, any share or inlerest in any contract or employment with by or on behalf of, the Board ; (e) isa Director or a Secretary, Managerorother salaried officer o, any incorporated company which has anyshareor interesl in any contract or employment with, by or on behall of, the Board : or (f) has been convicted of any otlence involving moral turpitude. (g) in the opinion of the S1ate Government- (i) has become incapable of acting;or (ii) is otherwise unlil to continue as a member. (3) A person shall not be disqualified under clause (d) or clause (e,) of sub-section (2) or be deemed to have any share or interest in any conlract or employment within the meaning of the said clause, by 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 advertisemenl relating to the aflairs ol the Board is inserted. 201 (4) A person shall not also be disqualilied under clause (d, or clause (e) ol sub-section (2) 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 shareholder of such company: Provided that such person discloses to the State Government the nature and extent of the shares held by him. 7. ln the event of any vacancy occurring in the Filling up of membership ol the Board, the vacancy shall be filled Vacancies. up, as soon as may be by appointment of a new memberwho shall hold oflice forthe unexpked portion of the term ol hiYher predecessor. 8. The State Government may, lrom time to time, grant Leave of to the Chairman such leave as may be admissible absence of undertr rules made urderffi Ad andttle VrcsChairman Chairman. to act lor the Chairman during such absence on leave, while so acting, be deemed, for all purposes ol this Act, to be the Chairman as the case may be. 9. No disqualification ol, or defecl in the appointment of, Proceedings any person acting as a Chairman, a Vice-Chairman or presumed to a member shall be deemed to vitiate any act or be good and proceedings ol the Board il such act or proceeding is valid. otheMise in accordance with lhe provisions of this Act. 10. ll any member of the Board other than the Chairman Temporary is by inlirmity or otherwise rendered temporarily absence of incapable of performing hiyher duties or is absent on members. leave or on any other ground not resulting in the cessation of his/her membership, the State Government may appoint anolher person to olficiate for him/her and perform his/her duties under lhis Act, or any rule or regulation made thereunder. (1) 11. The Slate Government shall appoint a Housing Appointment Secretary olthe Board and other otricers and shlf ol Ofiicers of lhe Board on such terms and conditions of and staff ol service as it may deem fit. the Board. (2) The Board may create such other posts and appoint such other officers and stalf thereto as it may consider necessary for the efficient discharge of its duties: 202 Provided that the previous sanction ol the State Government shall be obtained lor this purpose in respect ol such categories of posts as may be specified by it from time to time, by nolification. (3) The Board shall prescribe the qualifications, satary and condition of service of its employees. Appointment 12. Subject to any rules made under this Act, the Board of Commi- may, from time to time, and for any particular local ttees. area, districl or sub-division, appoint one or more committees forthe purpose ol discharging such duties and lunctions as may be entrusted by the Board. Meetings of 13. (1) The Board shall meet at least once in three months the Board. to transact the business and a period of more than three months shall not lapse between two con- secutive ordinary meetings of the Board. (2) For transacting urgent business, the Chairman may, whenever he thinks fit, callspecial meetings of the Board: (3) Business at the meeting of the Board shall be transacted in accordance with such regulations as the Board may make in that behalf subject to the lollowing conditions namelyt (a) the quorum for every meeting shall be five of the number of members actually serving for the time being including the Chairman; (b) every meeting shall be presided over by the Chairman and in his absence, bY any member selecled by the members present at the meeting. (c) if any ordinary or special meeting of the Board there is no quorum, the Person presiding over the meeling shall adjourn the meeting to any oths day, not being laterthan seven dayslrom the date ol adiournment and no quorum shall be necessary for such adjourned meeting. (d) all questions at any meeting shall be decided by a majority ol the members plesent and voting other than the person plesiding who shall have and exercise a casting vote only in case ol a tie ; and 203 (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided lor the purpose and a copy of such minules shall be lorwarded to the State Government in the departmenl concerned. (l) all such ordinary or special meetings shall be attended by the members themselves personally and not be represented by thek subordinate officers. 14. (1) The Board may associate with itself, any person Association of whose assistance or advice it may deem fit for persons wilh carrying into effect any of the provisions of this the Board. Act provided thatthe number olsuch persons shall not, at any time be more than three. (2) A person so associated with the Board under sub- section (1) lor any purpose shall have the right to take part in the meetings of the Board relevant to that purpose, but shall not have the right to vote. (3) The Slate Governmenl may, by order, depute its represenlatives in addition to those who are members of the Board to attend any meeting ot the Board, on such items or subjects as the State Government may specify, but such representatives shall not have the right to vote. 15. Subject to the previous approval of the Board in each Execution ol case, all contracts and agreements for and on behalf contracts. ol the Board shall be executed by the Housing Secretary. CHAPTER.III HOUSING SCHEI'E 16. (1) The Board may frame Housing Schemes and Powers and execute works and incur expenditure in connection duties of the therewith on such terms and conditions as the Board to State Government may direct. undertake housing \2) The Board may, Subject to the approval ol the schemes. State Government, underlake and execute any housing scheme on behalt ol local Authority, Co- operative Society or any Organisation or Association for providing residences to their employees. 204 Matters to be 17. A housing scheme may provide for all or any of the provided tor lollowing matters, namely: - by housing (a) acquisition by purchase, exchange or otheMise schemes. of land or any property necessary forthe execution of lhe scheme ; (b) division of the same into plots and the sale thereof atter developing it or othen ise to co-operative societies or other persons, in accordance with the scheme ; (c) laying or reJaying out of any land comprised in the scheme : (d) closure or demolition ol dwellings or portions of dwellings unfit for human habitation within the land owned by the Board; (e) demolition of obstructive buildings or portions thereof within the land owned or controlled by the Board. (l) construction and re-construction of buildings, their maintenance and preservation within the land owned or controlled by the Board. (g) sell, letting out or exchange of any property mmprised in the scheme ; (h) construction and alleration ol streets and back lanes within the land owned or controlled by the Board; (i) letting out management and use of the Board premises or property owned or controlled by the Board. (j) drainage, water-supply and lighting of the area included in the scheme ; (k) parks, playing fields and open spaces for the benefit of any area comprised in lhe scheme and the enlargement of existing parks, playing-fields, open spaces and approaches ; (l) sanitary arrangemenl required for the area comprised in the scheme, including the conservation and prevention of any injury or contaminalion lo rivers or other sources and means of water-supply ; 205 (m) accommodation for any class of inhabitanls, industries, institutions, oflices, local authorities, Co-operatives or Corporate bodies ; (n) advance ol money for the purpose of the scheme ; (o) lacilities for communication and transport ; (p) colleclion of such inlormation and statistics as may be necessary lor the purpose of this Act ; (q) necessary amenities and service to housing colonies owned by the Board and (0 any other matter for which, in the opinion ot the State Government, it is expedient to make provision with a view to provide housing accommodation and, or, to the improvement or development of any areacomprised in the scheme or any adjoining area or the general elficiency ol the scheme. Explanation. --+o( lhe purposes olthis section the $ate Government may, on the recommendation of the Board, by notification, specify area surrounding or adjoining the area included in a housing scheme to be the adjoining area. 18. No housing scheme shall be made under this Act for No housing any area lor which an improvement scheme has scheme to be akeady been sanctioned by the State Government, or made for any other enactment lor the time being in force, nor area included any housing scheme made under this Act shallcontain in the anything which is inconsistent with any ol the matter lmprovement included in a town planning scheme ol the State Scheme or Government under any law for the time being in lorce. be inconsis- tent with town plan- ning scheme. 19. A Housing or lmprovement scheme shall be one or Types ol combination of any two or more ol the following types Housing or or adaptation of any features thereof, namely:- improvemenl (a) Scheme. supply of rooling materials to the villagers. (b) a building scheme including colonisation scheme. 206 (c) a rehabilitation housing scheme. (d) a city or town or village expansion scheme. (e) a road construction or development scheme (f) a land developmenl scheme. (s) a site development and service scheme. Placing of 20. (1) The Chairman shall, at a special meeting to be Budget held in the month otJanuary each year, lay before before the the Board the Budget ol the Board for the next Board. financial year. (2) The Budget shall be prepared in such form as may be prescribed and shall:- (a) include the housing scheme which the Board proposes to execute in whole or in part. (b) indicate full details of all the liabilities of the Board: and (c) contain a statement showing the estimated receipts and expenditure on capital and revenue accounts and such other particulars as may be prescribed. (3) The Board shall consider the Budget laid before it with or without modification. (1) Preparation 21. The Budget prepared by the Board under section and Submis- 20 shall be submitted to the Government for sion of approval and the Government may approve it or annual return it back to the Board for making moditication Housing as the Government may direct. Scheme. Budget and (2) When the Budget is returned to the Board by establishment Government Ior making any modification, the schedule to Board shall make the modification and re-submit Government. the Budget so modilied to the Government for approval. Sanction to 22. The Slate Government may sanction the Budget and Scheme, the schedule of officers and staff orservants fonvarded Budget and to it with such modilication as it deems fit. establishment schedule. 207 23. The $ate Government shall publish the programme Publication sanctioned by it under section 22 in the OlficialGazette. of sanclioned scheme. 24. The Chairman may at any time during the year for Supplemen- which the Budget has been approved by the tary Budget. Government, lay before the Board a supplementary Eudget and the provisions ol section 22 and 23 shall apply to such Budget. 25. The Board may, atany time, vary any Housing Scheme Variation of or any part thereof included in the Budget as sanctioned Housing by the State Government: Scheme by Provided thal no such variation shall be made the Board if it involves expenditure in excess of 10 per cent ol afler it has the amount as originally sanctioned for lhe execution been sanc- o, that particular housing scheme included in the tioned. Budget or if it affects the scope or purpose of such scheme. 26. Alter the scheme has been sanctioned and published Sanctioned by the State Government under sections 22 and 23, housing the Board shall proceed to execute the housing scheme scheme to scheme. included in the be executed. n.() Belore proceeding to execute any housing scheme Publication of under section 26, the Board shall by notification housing publish the scheme. The notilication shall specify scheme in that the plan showing the area which is proposed the ofiicial to be included in the housing scheme and the Gazette. surrounding lands shall be open to inspection of the public at all reasonable hours at the office of the Board. (2\ lf within two weeks from the date ofthe publication of the housing scheme any person communicates in writing to the Board any suggestion or objection relating to the scheme, the Board shall consider such suggestion or objection and may modily the scheme as it thinks fit. 28. (1) Whenever any street, square or other land, or any Transfer to partthereol, situated in any area ol a localauthorily the Board for and vested in the local authority, is required for Purposes of the purpose of any housing scheme sanctioned housing by the Slate Government, the Board shall give scheme of notice accordingly to the local authority. land vested in a local (2) Where the local authority concurs, such street, square or other land, or part thereof, shall vest ln authority. the Board. 208 (3) Where there is any dispute the matter shall be referred to the State Government. The State Governmenl shall, after hearing the parties, decide the matter. The decision of the State Government shall be linal. lf the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the righb or powers of the local authority in or over any drain or waler works in such street, square or land. Compensa- a.(1) Where any land vests in the Board under the tion in provisions ot section 28 and the Board makes a respect ol declaration that such land shall be retained by land vested the Board only until it revesls in the localauthority in the Board. as part of a streel or an open space undersection 32, no compensation shall be payable by the Board to the localauthority in respect of that land. (2') Where any land vests in the Board under section 28 and no declaration is made under sub-section (r) in respect of the land, the Board shall pay to the local authority as compensation a sum equal to the value of such land. (3) lf, in any case where the Board has made a declaration in respect of any land under sub- section frl, the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the localauthority, the Board shall pay to the local authority compensation in respect of such land in accordance wilh the provisions of sub-section (2). Power of the 30.(1) The Board may turn, divert, discontinue the public Board to turn use of, or permanently close, any public street or close vested in rt or any part thereof. Public Street vested in it. (2) Whenever the Board discontinues the public use of, orpermanently closes, any public street vested in it or any part lhereot, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, ol the street or part thereol and pay reasonable compensation to every person 209 who is entitled, otherwise than as a mere member of the public, to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) ln determining the compensation payable to any person under sub-section (2.), the Board shall make allowance for any benefit accruing to him/ her from the construction, provision or improvement of any other public street at or about the same time thatthe public street or partthereof, on account of which the compensation is paid, is 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 same as is no longer required. 31. ll there is any dispute as to whether any compensation Flelerence to is payable under section 29 or section 30 or as to the Governmenl amount of compensation payable under section 29 or in case of section 30, as the case may be, the matter shall be dispute under sections 29 relerred to the Tribunal. and 30. 32. f7) Whenever the State Government is satisfied, - Vesting in the (a) local that any street laid out or altered by the Board authority ol has been duly levelled, paved, metalled, streets laid flagged, channelled, sewered and drained in the manner provided in the scheme out or altered and open sanctioned by the $ate Government under spaces section 22 or varied undel section 25 or provided by modified under section 27; the Board (b) that such lamps, lamp-posts and other under apparatus as the local authority considers housing necessary for the lighting of such street and scheme. 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 Sate Government may declare the street to be a public street, and the street shall thereupon vest in the localauthority and shall thencelorth be maintained, kept in repair, lighted and cleaned by the local authority. 210 (2) When any open space for the purposes of ventilalion or recreation has been provided by the Board in executing any housing scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense ol the local authority. (3) lt any ditlerence ol opinion arises between the Board and the local authority in respect ol any matter relerred to in the toregoing provisions of this section the matter shall be referred to the State Government whose decision shall be final. Other Duties 33. (1) lt shall be the duty of the Board to take measures of the Board. with a view to expedite matters and to reduce the cost olconstruction of building and the Board shall, for the purpose do all things such as :- (a) unification, simplificalion and standardisation of building materials ; (b) encouraging pre-fabrication and mass production of building components ; (c) organising or undertaking the production ol building materials required for housing scheme ; (d) encouraging research lor discovering cheap building materials and evolving new methods of economic construction ; and (e) securing a steady and sutficient supply of workmen trained in the work of construction of buildings. (2) The Board may provide lechnical advice to the Government and scrutinise prolects under Housing Scheme as and when required bythe Government to do so. (3) The Board may undertake research on various problems connected with housing in general and in particular to find out the economical method ot construcling houses suited to local condition and to undertake comprehensive surveys of problems of housing. 211 34. The Board shall, il the State Government so directs, Board to and subject to the general control of the State assume management Government, assume management of all or any of of requisi- the lands requisitioned by or under authority of the tioned lands. State Government. 35. A housing scheme may provide, - Reconstitution ol plots. (a) for the formalion ot a reconstituted plot by the alteration of the boundaries ol an original plol ; (b) with the consent of the owners that two or more original plots each ol which is held in ownership in severalty or in joint ownership shall, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot ; (c) for the allotrnent of a plol of any owner dispossessed ol land in furtherance of lhe housing scheme ; and (d) lor the transfer of ownership of plot from one person to another. 36. The Fovisions of section l7andseclions21 to 27 (both Schemes inclusive) shall not be applicable to any housing scheme entrusted to entrusted to the Board by the Sale Govemment except the Board by to such extent and subject to such modifications as may Sate Gov- be specilied in any general or special order made by ernment. the Sate Government and every such order shall be published in the Official Gazetle. CHAPTER. IV ACQUISITION AND DISPOSAL OF LAND 37. (1) Board may enter into an agreement with any Power to person orthe State Government forthe acquisition purchase, Irom him by purchase, lease or exchange, o, any lease or land which is needed lorthe purposes of a housing acquire land scheme or any inlerest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith : Provided that the previous approval of the State Government shall be obtained in case ol purchase or exchange involving land worth more than rupees one hundred lakhs or lease lor more lhan five years: 212 12\ Board may, lrom such date as the State Government may appoint by notificalion in this behalf, also take steps for the compulsory acquisition ol any land or any interest therein required forthe execution of a housing scheme in the manner provided in the Land Acquisilion Act, 1894, as modilied by this Act, and the acquisition of any land or any interest lherein lor lhe purpose of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894. Betterment 38. (1) When by the making of a housing scheme the charges. value ol any land in the area comprised in the scheme will, in the opinion of the Board, be in- creased, 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 lherein in respecl of the increase in value of the land from the execution ol the scheme. (2) Such increase in value shall be lhe amount by which the value ol the land on the completion ol the execution of the scheme estimated as if the land were clearolthe buildings exceeds the value of the land prior to the execution ol lhe scheme estimated in like manner and the betterment charges shall be one-half ol such increase in value. (3) Such betterment charges shall also be levi- able in respect of any land not comprised in the scheme but adjacent to the area com- prised in the scheme. (4) Notwithstanding anything contained in sub- sections (1) and (3), in respect of any land used Ior agricultural purposes at the time of the execution of the schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only alter such land is used, or converted for use ,or non- agricullural purposes. 213 39. Subject to any rules made by the State Government Power to dis- under this Act, the Board may retain, lease, sell, ex- pose of land. change or otherwise dispose of any land, building or other property vested in it and situate in the area com- prised in any housing scheme sanctioned under this Act, provided that the land, building or other property are not transferrable to the persons other lhan the domiciles of Arunachal Pradesh. 40. (1) The Board shall give notice in the prescribed form Notice to to any person, who is the owner of or has interest person Iiable in the land in respect of which the betterment lor better charges are to be levied and shall give such per- ment charges. son 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 lhe amount of betterment charges. (3) Where the assessmenl o, bettermenl charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final. (4) ll the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal. (5) The Tribunal shall, atter holding an enquiry and alter hearing the person concerned, assess the amount of the betterment charges payable by the person. 41. (1) Any person liable to pay betterment charges in Agreement respecl of any land may at his option, instead of for payment paying the same to the Board, execute an of betterment agreement with the Board to leave the payment charges. outstanding as acharge on his interest in the land, subject to the payment in perpetuity ol interest at such rate as may be prescribed. (2) Every payment due from any person in respect of betterment charges and every charge relerred to in sub-section (1/ shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage 214 or charge, created either before or atter the commencement of this Act, be the lrrst charge upon the interest of such person in such land. Recovery of 42. All sums payable in respect of any land by any person betterment in respect of betterment charges under section 38 or charges. by any person under an agreement under section 41 shall be recoverable on behall of the Board as arrears of land revenue. Disputes (1) 43. Where by the making ol a housing scheme, any regarding plots comprised in the area included in the scheme reconstitu- are reconstituted or any person is dispossessed, tion of plots. the Board shall after making such inquiry as it thinks fit award to the person affected by such re- constitution or dispossession such compensation as itdeems reasonable. lfthe person is dissatisfied with the decision ol the Board in the matter, he may inlorm the Board accordingly. The Board shall lhereupon 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 concerned. CHAPTER - V TRIBUNAL Tribunal 44. The Tribunal shall be the District Judge having jurisdiction in the area concerned. Duties of 45. The Tribunal shall- Tribunal. (a) decide whelher any compensation is payable under section 29 ; (b) decide the amount ot compensation in matters referred lo it under section 31 ; (c) decide disputes relating to betterment charges referred to it under section 40 ; (d) decide disputes and the amount ol compensation to be awarded under section 43 ; and (e) decide such other matters as may be prescribed by the rules made in this behalf. 215 46. (1) ln making enquiries the Tribunal shall have and Powers and exercise, as far as may be, the same powers and procedure follow the same procedure as under the Code of belore 1908. Civil Procedure, Tribunal. (2) Every order made by the Tribunal for the payment of money and lor the delivery of the possession or removal of any struclure shall be enforced by the District Court as il it were the decree of the said Court. (3) The proceedings belore the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 ol the lndian Penal Code. 47. The decision of the Tribunal on any matter relerred to Decision of it under this Act shall, subject to the provision of section Tribunal to be final. 48, be final. 48. The Board or any person aggrieved by a decision of Appeal to the the Tribunal may within three months lrom the date of High Court. the decision, or such further lime as the High Court may forsufficient cause allow appealto the High Court and the High Courtshallpass such orders on the appeal as it thinks fit. CHAPTER. VI POWER TO EVICT PERSONS FROM BOARO PRE. MISES (1) 49. lf the competent authority is satisfied, - Power to (a) that the person authorised to occupy any evict persons Board premises has- lrom Board premises. (i) not paid rent lawlully due from him in respect ol such premises for a period of more than two months ; or (ii) sublet, without the permission ol the Board the whole or any part ot such premises ; or (iii) otheMise acted in contravention of any ol the terms, expressed or implied, under which he is authorised to occupy such premises or ; 216 (b) that any person is in unauthorised occupation of any Board premises; the competent aulhority may, notwithstanding anything contained in any law for the time being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or 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 ofthe premises, shallvacate them within one month from the date of the service of the notice : Provided that no such order shallbe passed unless the person has been afforded an opportunity to show cause why such order should not be made. (2) lf any person refuses or fails to comply with an order made under sub-section f7J, 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. (3) lf a person, who has been ordered to vacale any premises under sub-clause (, or sub-clause (ir) of clause (a) of sub-section f7r, within thirty days of the date of service of the notice or such longer time as lhe competent authority may allow, pays to the Board the rent in arrears or carries out or otheMise complies with the terms contravened by him to the satislaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (7) 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. Power to 50. (1) Subject to any rules made by lhe State recover Government in this behalf and without prejudice rent, loan or to the provisions of section 48, where any person damages as is in arrears of rent payable in respectofany Board arrears of premises or arrears ol instalments payable in land respect of any loan advanced by the Board for revenue. construction, reconslruction or repair of a house 217 the competent authority may, by notice served by post or by atfixing a copy of it on lhe outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. lf such person refuses or fails to pay the arrears of rent or the arrears of instalments of loan within the time specilied in the notice. such arrears may be recovered as arrears of land revenue. (21 Where any person is in unauthorised occupation of any Board premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served by post, or by affixing a copy ol it on the outerdoor or some other conspicuous part ol such premises or in such other manner as may be prescribed, order that person to pay the damage within such time not being less than thirty days as may be specified inthe notice.ltany person refuses orfails to pay the damages wilhin thetime specilied in the notice, the damages may be recovered from him as per the provisions of law. s1. (1) Without prejudice to the provisions of section 49 Rent to be any person, who is an employee of the State recovered by Governmentor a localauthority and who has been deduction allotted any Board premises, may execute an from salary agreement in lavour of the Slate Government or wages in providing that the State Government or the local certain authority, as the case may be, under or by whom cases. he/she is employed, shallbe competent to deduct trom the salary or wages payable to him/her such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction cf the rent due from him in respect of the Board premises allotted to him/her. (2\ On the execulion of such agreement, the State Government or local authority, as the case may be, shall, if so required by the Board by requisition 218 in writing make the deduction of the amount specified in the requisition from the salary or wages ofthe employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board. Penalty s2. (1) lf any amount due undertheAct or the rules made thereunder is nol paid by any person in compliance with the orders of the competent authority, such authority may, after giving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty{ive per cent of the amount due, if it has reason to believe that the person liable to pay the amount has wilfully failed to pay the same. (2) It the penalty imposed under sub-section (7,) is not paid within a period ol thirty days the same shall be recoverable as arrears of land revenue. Appeal. s3. (1) Any person aggrieved by an order of the competent authority may within thirty days from of- the date (i) the service of notice under section 49 or seclion 50 ; or (ii) the imposition ol penalty under section 52, preferan appealto the Deputy Commissioner ol the District in which the premises ol the Board are situated or lo any other officer, as the State Government may appoint in this behalf : Provided that the appellate officer may entertain the appeal after the expiry ol the said period ol thirty days, if he is satisfied that lhe appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred under sub-section frl, the appellate officer may stay the enforcement of the order of the competent authority for such period and on such conditions as he deems fit. (3) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. 219 s4.(1) Save as othen ise expressly provided in thisAct, Finality of every order made by a competent authority or an orders and appellate officer under this chapter shall be final bar of and shall nol be called in question in any original jurisdiction of suit, application or execution proceedings. Civil Courts. (2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter ol which the cognizance can be taken of and disposed of by any authority, empowered by this Act or the rules made thereunder. CHAPTEH. VII FINANCE, ACCOUNTS AND AUDIT 55. (1) The Board shall have ils own lund called the Board's Fund. Housing Board Fund into which shall be credlted all monies received as under:- (a) by way of grants, donations, subventions and gilts from the central Government or any Sate Government, Local Authority or anybody or individuals for all or any of the purposes ol this Act; and (b) by or on behalf of the Board under the provisions of this Act as all proceeds from the sale of land or any other kind of property ol the Board, all rents, interests, profits and other monies accruing to lhe Board. (2) Except as otherwise directed by the State Government, all monies and receipts specilied in the loregoing provisions and lorming part of the lund of the Board shall be deposited in the State Bank of lndia or in any Scheduled Bank or a Co- operative Bank or invested in such securities as may be approved by the State Government. (3) The accounts of the Board shall be operated upon by such officers as may be authorised by the Board by a general or special order. Explanation. the purposes of this section, a -Fot Scheduled Bank shall mean a bank included in the Second Schedule to the Reserve Bankof lndia Act, '1934. 220 Application 56. All properties, Funds and all other assets of the Board of the shall be held and applied by it, subject to the provisions Housing and for the purpose of this Act. Board Fund Subventions 57. (1) The State Government may from time to time and loans to make subventions or advance to the Board for the Board. the purpose of this Act on such terms and conditions as the State Government may determine. the Power of 58. (1) The Board may from time lo time, with the Board to previous sanction of the Sate Government and bonow. subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required lor the purposes of this Act from the public or from any corporation owned or controlled by the central or any Government. \2) Whenever the borrowing of any sum of money has been approved by the Government, the Board may, instead of borrowing such sum from or any part thereof from the public, take credit from Bank or financial institution owned or controlled by the central or any Government on cash-account to be kept in the name ofthe Board may the previous sanclion of the Government, mortgage all or any ol the properties vested in the Board as security lor such credit. (3) For the promotion and execution ol any Housing Scheme, the Board may, enter into financial institutions' arrangement with Life lnsurance Corporation of lndia (LlC), any Bank or olher financial institutions approved by the Government, subject to such conditions and limitations as may be prescribed and with the previous approval of the Government. (4) The Board may, out of ils funds, grant loans and advances on such terms and conditions as it may delermine, to any cooperative society registered under the Cooperative SocietyAct orto any other person for construclion of houses, subject to the provision ol this Act as may be prescribed. 221 59. The $ate Government may guarantee in such manner Guarantee and subject to such conditions as it may think fit, the by the repayment of the principal including interesl ol any loan Government borrowed and debentures issued bythe Board, provided that every debenture shall be signed by the Chairman and the Housing Secretary. 60. (1) The financial sanctioning power of the Chairman Sanctioning of the Board shall be at par with the sanctioning power ol power of Development Commissioner (Finance), Chairman in the Slate Government ol Arunachal Pradesh as and expendi- delegated from time to time, beyond which shall ture in case be sanctioned by the State Government. of urgency, etc. (2) Where, in the opinion of the Board, circumstances of extreme urgency have arisen, the Board may incur in any recurring expenditure not exceeding rupees one lakh and non-recurring expenditure not exceeding rupees live lakhs notwithstanding that such expenditure has not been included in the Budget or supplementary Budget sanctioned by the State Government or the varialion of the scheme made under section 25. (3) Where any expenditure is incurred by the Board under the circumstances of extreme urgency as provided in sub-section (2,), a report thereon indicating the source lrom which the expenditure was made shall be sent lo the Government, as soon as practicable, for approval. (4) The Board may, within the budget sanctioned by the State Government, approve appropriation not exceeding such amount as may be prescribed from one head to another and from one minor head lo anolher under the same major head and submit a statement of such re-appropriation to the State Government. 61. (1) The Board shall cause to be maintained proper Accounts and books ol accounts and such olher records as the Audit. rules made under this Act may require and shall prepare in accordance wilh such rules an annual statement of accounts for each financial year. 222 (21 The accounts ol the Board shall be audited annually by such auditors or Charter Accountants to be appointed by the Board. (s) As soon as the accounts of the Board have been audrted, the Board shall send a copy thereol together with a copy of the report of the auditors to the State Government;Referenced legislation
- Cooperative SocietyAct (unresolved)
- Reserve Bankof lndia Act, '1934 (unresolved)
- Arunachal Pradesh Gram Panchayat Act, 2000 (unresolved)
- lndian Penal Code (unresolved)
- Land Acquisition Act, 1894 (review)
- Land Acquisition Act, 1894 (review)
- Arunachal Pradesh [/unicipalAct, 2007 (unresolved)
- Code of belore 1908 (unresolved)
- Land Acquisilion Act, 1894 (review)
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The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014 — segment 2
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The ARUNACHAL PRADESH HOUSING BOARD ACT, 2014 — segment 2
AI-assisted research summary: This part mainly sets out reporting, audit, inspection, rulemaking, enforcement, and government control powers for the Board.
and shall cause the accounts to be published in the Oflicial Gazette within 31s'July every year. (4) The Board shall comply with such directions as the State Government may, after perusal of the report ot the auditors, think fit to issue. Concurrenl 62. (1) Notwithstanding anything contained in section 61 and special the Sate Government may order that there shall audil ol be concurrent audit of the accounts of the Board accounts. by such person as il thinks fit. The State Government may also direct a special audil ot the Board relating to any particular kansaction or a class or series of lransactions or to a particular period. (2) Where an order is made under sub-section (1), lhe Board shall present or cause to be presented Ior audit such accounts and shall lurnish to the person appointed under sub-section (r) such informalion as the said person may require forthe purpose ol audit. Transfer of 63. (1) The State Government may transferto the Board, assels and building, land or any other property, movable or liabilities. immovable,lor use and management by the Board on such condilions and limitations as the Sttate Government may deem fit, lor the purposes of this Act. (2) The State Governmenl may transfer to the Board such schemes or works in progress, with all their assels and liabilities as are run or managed by the State Government, subject to such conditions and limitations as the State Government may deem lit to impose for the purposes ol this Act. 223 CHAPTER - VIII MISCELLANEOUS 64. The Board shall, belore such date and in such form Report. and at such intervals as may be prescribed, submit to the State Government a report on such matters as may be reouired, and the Slate Government shall cause sucl report to be published in the Official Gazette and every such report shall be laid before the House of tre State Legislature as soon as it is published. 65. The Board $all also submit to the State Government Satements such statiSics, returns, particulars, documents, and returns. statements or papers in regard to any proposed or existing horsing schemes or relating to any matter or proceedinp connected with the working of the Board at such tines and in such forms and manner as may be prescrbed or as the State Government may, from time to tine direct. 66. NotwithsBnding anything contained in this Act, the Power of the Board nay undertake construction of building of the Board to Governnent, a local Authority, or a Corporation or construct underta{ng owned or conrolled by the Government buildings. or a cooperative society subject to such terms and conditDn as may be agreed upon in pursuance of contrat. 67. (1) Vith a view to satisfy itsell, that the powers and Power to drties ofthe Board are being exercised performed order enqui- foperly, the Government may, at any time, ap- ries. joinl any person to make enquiries into all or any of the activities of the Board and to report to the Government the result of such enquiries. (2) The Board shall give the person or persons so appointed all the facilities lor proper conduct of enquiries and shall produce belore the person or persons all documents, books and accounts and other inlormalion required or possession ol the Board which person or persons callforthe purpose ol the enquiries. 68.The Chairman or any person eilher generally or Po,ver of enfy. specially authorised bythe Chairman in his behall may, with or without assistanls or workmen, enter into or upon any land, in order- (a) to make any inspection, survey, measurement, valuation or inquiry ; 224 (b) to take levels : (c) to dig or bore into the sub-soil ; (d) to set boundaries and intended lines ol work ; (e) to make such levels, boundaries and lines of works and cutting trenches i or (f) to do any other thing, whenevs it is necessary to do so, for any of the purposes of this Act or any rules made or scherne sanctioned thereunder: Provided that- (i) no such entry shall be made betv€en sunset and sunrise; (ii) no dwelling house and no public luilding which is used as a dwelling place, shall te so entered, except with the consent of the occJpier lhereof, and without giving the said occtoier at least twenty-four hours previous written rotice ol the intention to make such enlry ; (iii) sufficient notice in every instance shlll be given, even when any premises may olherwis€be entered without notice, to enable the inmabs ol any apartment occupied by women tc remove themselves to some part of the premies where their privacy will not be disturbed : (iv) due regard shall always be had, so faras may be compatiblewith the exigencies of the prrposes for which the entry is made, to the socal and religious usages ofthe occupants of the prtmises entered. Notice of suit 69. No person shall institute any suit against the Boad or against the against any officer or servant of the Board orany Board. person acting under the orders of the Board,for anything done or purporting to have been done in pursuance of this Act, without giving lo the Boad, oflicer or servant or person concerned two montts' previous notice in writing of the intended suit and 'l the cause thereof, nor after six months from the dah of the act complained of. ,)q 70. The Board shall triennially have a valuation of its assets Triennial and liabilities made by a valuer appointed with the valuations ol approval of the State Government : assets and liabililies of Provided that it shall be open to the State the Board. Government to direct a valuation to be made at any time it may consider necessary. 71. All members. olficers and servants of the Board shall Members, be deemed, when acting or purporting to act in Ofiicers and pursuance ol any of the provisions of this Act, to be servants ol public servants within the meaning of section 21 of the Board to the lndian Penal Code. be public servants. 72. The Government may give the Board such directions Power ol as in lhe opinion are necessary or expedient to carry Government out the purposes ol this Act the Board shall comply to give dkec- tions to the with such directions. Board. 73. (1) lf the Government is satisfied that the Board has Delault in delaulted in performing duty on it by or under this performance Act, it may lix a period lor performance ot that of duties and duty. supersession. (2) lf in the opinion of the Government, the Board fails or neglects to perform such duty within the period so fixed, it shall be lawful for the Government to supersede and re-constitute the Board in the prescribed manner. (3) On supersession ol the Board and until it is re-constituted, the powers, duties and lunctions of the Board shall be carried out by the Government or by such officer or Olficers it may appoint for this purpose. 74, The Board may, by resolution, authorise that any power Delegation ol exercisable by it under this Act or the rules or Power. regulations made thereunder, except the power lo make regulalions, may also be exercised by the Chairman. 75, (1) The State Governmenl may, by notilication and Power to subject to the condition of previous publicalion, make rules. make rules for carrying out the purposes of this Act. 226 (2) ln particular and without preludice to the generality of the foregoing powe( such rules may be made :- for all or any ol the following purposes, namely (a) the honorarium, allowances and conditions of service of members under section 5 ; (b) the manner and lorm in which contracts shall be enlered into under seclion 15 ; (c) the lorms ofannualhousing schemes, budget and schedule of staff and olficers and other particulars to be contained in the scheme under section 21 and 22 ; (d) lhe manner ol publication ol housing schemes included in the Budget ; (e) the procedure lo be lollowed in taking possession of any Board premises ; (f) the conditions subject to which the Board may borrow any sum under section 58 ; (g) the rate of interest under section 42 ; (h) the manner in which damages under section 50 may be assessed ; (i) the manner in which appeals may be prefened under section 53 and the procedure to be followed in such appeals ; 0 the manner of preparation, mainlenance and publication ol accounts under section 61 ; (k) submission ol reports, returns, etc. under section 64 and 65; (l) the time at which and the form and manner in which statistics, returns, particulars and statement shall be submitted under section 65; (m) the manner in which the Board shall be superseded and reconstituted under section 73; (n) specifying the byelaws contravention ol any of which shall be an offence ; and (o) any other matter which is to be or may be prescribed under this Act. (3) Every rule made under this section shall be laid as soon as may be after it is made before the House of state Legislature while it is in session for a total period ol ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or lhe successive sessions aloresaid, the House agrees in making any modification in lhe rule or the House agrees that the rule should not be made, the rule shall thereafter have eftect only in such modified form or be of no effecl, as lhe case may be; so however, that any such modilication or annulment shall be without prejudice to the validity of anything previously done under that rule. 76. The Board may, from time to time wilh the previous Power to sanclion ofthe State Government by notification, make make Regula- regulations consislent with this Acl and with any rules tions. made thereunder, - (a) for the management, allotment, use ol buildings, lenements, hutmenb and premises conslructed under any housing scheme; (b) the principles to be lollowed in allotrnent of tenement and premises; and (c) for regulating its procedure and the disposal ol its business. (d) tor the remuneration and conditions of services of the officers and employees appointed by the Board. (e) for delegation ot financial power to the Chairman and Housing Secretary and other Officers. z. (1) The Board may make bye-laws, not inconsistent Power to with thisAct and the Rules and Regulations made make bye- thereunder, which may be necessary or expedient laws. for the purpose of carrying out its duties and functions. (2) No byelaws made by the Board shall come into force until it has been confirmed by the State Government wilh or without modification. 228 (3) All byelaws made under this section shall be published in the Olficial Gazette. (4) A byelaw made under this section may provrde that a contravention thereol shall be an oflence. Penalty for 78. Whosoever conlravenes a bye-law made under contravenlion section Z7 the contravention of which is prescribed as of bye-laws. an offence shall, on conviction by competent court not below the rank of first class Judicial l\.4agistrate, ' be punished with imprisonment lor a term which may exlend to one month or with fine which may extend up to rupees five thousand or with both. Penalty for 79. lt any person- obstructing (a) obstructs any person with whom the Board has etc. entered into a contract, in the performance or execution by such person ol his dutyorof anything which he is empowered or required to do under lhis Act ; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act; he/ she shall, on conviction by competent court not below the rank of first class Judicial Magistrate, be punished with imprisonment lor a term which may extend to one month or with fine which may extend up to rupees five thousand or with both. Authority for 80 Unless otherwise provided, no court shall take prosecution. cognizance of any olfence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by generalor specialorderon this behalf. Registration 81 (1 ) Notwithstanding anything contained in the Indian of documents Flegistration Act, '1908 (Central Act XVI of 1908), executed on it shall not be necessary for the Chairman to behalf of the appear in person or by agent at any registration Board. oflice in any proceeding connected with registration of any instrument executed by him in his official capacity on behalt ol the Board or to sign as provided in section 58 of that Act. 229 (2) (a) Where any instrument is so executed, the regrstration olficer to whom such instrument is presented lor registration may, il he thinks fit, refer to the Chairman for information respecting the same, and on being satisfied ol lhe execution thereol, shall register the instrument. (b All liabilities enlorceable against the Board shall be enforceable against the State Government. 82. No suit, prosecution or legal proceedings shall lie lndemnity against any person for anything which is in good faith done or purported to be done under this Act. (1) 83. Save as otheruise expressly provided in any other Appeal. provision of this Act, an appeal shall lie from an original or appellate order of any officer of the Board or the Chairman under this Act or any rule or regulation made thereunder- (a) to the Chairman when the order is made by any officer of the Board ; (b) to the Board when the order is made by the Chairman. (2) Every such appeal shall be prelerred within a period of thirty days of the date of communica- tion of the order: Provided that the Chairman orthe Board, as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is considered that the appellant was prevented by sutficient cause from filing the appeal in time. 84. The Government may either suo motu or on an Revision. application ol a party, call for and examine the record of any proceedings or decision or order passed by the Board, Chairman, or Otficer olthe Board orcompetenl authority or Depuly Commissioner or any other officer appointed by the State Government for the purpose of satistying itself as to the legality or propriety of any decision or order passed and if in any case it shall appear to lhe Government that any such decision or order should be modilied, annulled or revised, the Government may, after giving lhe persons affecled lhereby an opportunity ol being heard, pass such order f lhereon as it may deem . 230 Dissolution of 85 (1) The State Government, if it is satisfied that in the Board. public interest it is necessary to do so, may by notification in the Official Gazette dissolve the Board with effect from such date as it may be specilied in the notification: Provided thal no such declaration shall be made by the State Government unless a resolution to that elfect has been moved in and passed by the Arunachal Pradesh State Leg is latu re. (2) On dissolution of the Board under sub-section (1), all properties, funds and dues which are vested in and realisable by the Board shall vest in and be realisable by the State Government ; (3) Nothing in this section shall afiect the liability of the State Government in respect of loans or debentures guaranteed under section 59. Removal of 86. (1) If any difficulty arises in giving effectto the provisions difficulties. of this Act, in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may by notification make such provisions as appearto it to be necessary or expedient for removing the difficulty. (2) lf any difficulty arises in giving eflect to the provisions ol this Act otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act, the State Government may by notification make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. Onit Panyang, IAS Secretary to the Government of Arunachal Pradesh, Itanagar.
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