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1961 : T.N. ~ c t 171
. State Ruufii~zgBoard 571

THE TAMIL NADU STATE HOUSING BOARD ACT, 1971.

ii
ARRANGEMBNTOF SECTIONS.
'i \

-- -

CHAPTER T.
BK~LININARY.
1. Short title, extent and commencement.
2. Definitions.

CHAPTER 11.
(:ONS ~XTUTION OF THE B~1.4m.

3. Creat loll aiid incor~oration of thc Board.

4. Constitution of the Board.
5 , Appointment of the Chairman and the mcrnbers to be notified.
6. Terin of office of the chairman and non-official ~ ~ n l b e r s ,
7. Disqualifications for appointment as a member of the Board.
5. Chairman to be w11ole-time officer.
9. Leave of absence for the Chairmitn and appointment of at3 acting Chairman.
10 Renlo~alof the Chairman and other non-official ~ilembers.

I 11. Filling ol' casual vacancies.

CHAPTER 111.

' I4 1 or1 'till: ASSETS AND LIABILITIES OF THE C ~ lhft'lTt*~\'lMINT

Y TI~INTm T*'
BOARD.
12. Transfer of assets and liabilities of the City Imarovement Trust to the Board.
13. TranGer 0; plovidellt, superannuation and other likc funds to the Board.
14. Effect of vesting of assets and liabilities oi the City Improvement Trwt.
15. Transfer of service of existing emp~oyccsof the City ~mprovemtrt?fast td)
the Board.
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9tnle H ~ ~ i fBoaid
ig [I961 : T.N. Act 17

;6. Appointment of Secretary, Housing Board Engineer and other officers ant1
wvants of the Board.
17. C3nditions of service of ofiicers and servants of the Roard.
18. Promotions . ~unishmentof the officersand servants of the Board.
19. Service regulations.
20. Maintaining schecltlle of establishment.
21. Housing units.
22. Control and delegation oy Chairman.

CHAPTER V.
CONDUCT OF BUSBNLIB OF TRU BOARD AND ITS CO-8s.

23. Meetings of the Board,

24. Temporary association of persons with the Board fca particular purpow.
25. Appointment and functions of Committees,
26. Members of Board or Committee or persons associated with the Board not
to take part in proceedings in which they are personally interested.
t 7 . Acts of the Board or Committee not to be invalidated by informality, vacatoy,
etc.
7
&

CHAPTER VI.
POWBR~
OF DSARD AND CHAIRMAN TO INCUR BXPENDITUKIE ON SCHBAdOBS
A N D ENTER INTO CONTRACTS.
I
I
28. Powers of Board and Chairman to incur expenditure.

.
29.
*
Powers of Board and ~ h h r m a nto approve estimates.
30. Emergency powers of Chairman.
91. Power to make and perform contracts.

93. Further provisions a, to wsution of contraas and agreemat$.

34. Bignhg ol &Istturo;wats and th regkdmticm d such instrrr-6,
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961 : T.M. Act Iq State MotWrtg B o ~ d 533 ;

UI-IAPTER VII.

HOUSING OR IMPROVEMENTSCH~MES.

35. Power of the Board to unde~take housing or improvement schemes and incur

36. Power of Government to transfer any land belonging to or vested in them

or acquired under Tamil Nadu Act XI of 1954 to the Board.
37. Housing or impravement scheme when to be fi.aincd b> the Board.
38. Board may agree or. refuse to frame and execute a housing or improvcmant
scheme.
3Y, Matters to be provided by housing or improvement schemes.

i 40. Types of housing. or improvement schemes.

'4 1 . House accommodation scheme.
i
i

1
I
42. Rebuilding scheme.
43. Rehousing or rehabilitation scheme.
44. City or town or village expansion schemes.
45. Street scheme.
46. Ilcferred street scl~cmc.
&I7. Land development scheme.
48. General Irnproveme~itSchcme.
/I',. pj.cparation, publication and transmission of notice as to housing or impmw
ment schemes and supply of documents to applicants.
50. Transmission to the Board of representation by the col icemcd local authority
as to housing or improvement scheme.
.
5 1 Notice regarding yroqosal to recover betterment Tee.
$2. Ftrmishing of copies or extracts from the assesrrnc~~tbook of the Iom
authorit.$.
53 Abandonment, rnodiil~ationo, ;7f a
oiiA,;i:~.: F,ousing or improvcmtr t schema.
54, Publication of sarction of housing or improvernen.t &erne.
55. rlrhe Board to execute hc using or improvement schen~msoon after sanrgion.
cd. Alteration of a housing or irnprov~meatscheme after sitnction. -

57. Transfes to Board for plirpoacs of improvement scheme of building or.10sd

vested in local authority.
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State Hasing Board

58. TransfGr of private street or square to Board for purpose of housing or

im provoment scheme.
59. Bar to application to certain laws of a local authority regarding closure.
60, Repairs of streets vested in the Board.
61. Transferring streets laid out or altered and open spaces provided by the
Board under a housing or an improvement scheme.
62. Prevention or restriction of traffic in street tested in the Board, during progres
of work. >

63. Provision of facilities whrr -Y-.*.'. ' 5 wrec::tcd by the Board in public
street4 veitd. in it.

64. Power of the Board to turn or close public street or square vested in it,
65. Power of the Board to retain lanes not meant for vellicular traffic.
66. Other duties of the Board.
67. Supervision and ccntage charges.
68. Power of Government to call for the records of the Board and to n~od!Ty:
annul, etc., of housing or improweme~ltschetnes,

CHAPTER VIII.
A C Q U ~ S ~ I OAND
N DISPOSAL OF LAND.

70. Power to acquire land under the Land Acquisition Act

71. Power to purchzse or lease by agrcerner~t.
72. Power to dispose of land.

CHAPTER IX.
LEVL,ASSESSMENT A N D RECOVERY OF BETTERhlENT FEE.

73. Pa meat of betterment fee.

74. Assessment of betterment fee by the 'Board arid notice to persons lia blc to
such foe.
75. Board to give ncitice to persons liable to payment of bettermcjlt fee.
76, Agreen~entto make betterment fee a charge on land.
77. Recovery of lhoncys payable in pursuance of sections 73, 75 and 76.
98. Agreement or payiwnt of betterment fee not to bar acquisitiun BPder fiwh :
dcclmricm.
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& - Am-- ---- .

196 1:P. N. Act 171 State Homing Board

CHAPTER X.
CON.~;TITUTION
OF TRIBUNAL
AND ' I'fS FUNCTlQEl6,

?iff cr10NS.

79. Constitution of a Tribunal for certain purposes.

SO. O@cers and servants of the Tribunal.
s 1 mrucn
, t* by k ? < ~t,l on a ccvunt ofW h n a 1.
s:. -\l\peu.ts t h m 3- \.t- ~ ~ F .
83. Awards and ordors of Tribunai to be executed by civil tour ts.

CHAPTER XI.
POWER TO EVICT PERSONS FROM BOARD PREMXSES.

84. Power to evict certain persons from Board premises.

e r or damage as arrears; of 1a11c.lrcvenue.
$5. Potl zr to r e c ~ \ ~rent
86. Appeal.
87. Rent to be recovered from deductions from salary or wages in certain cases.
88. Bar of jilrisdiction of courts.
/

8'). Board's fund.

90. Subventions and loal~sto the Board.
91. Power of the Board to borrow and lend.
92. Guarantee by Government of loans.
93. Form,signature, exchange, transfer and effect of debentures,
94. Payments to survivors of joint payees.
95. Receipt by joint holder for interest or dividend.
. * A

96. Priority of payments for interest

andiqpaymcnt
. of loow. A

97. Repayment of loans taken under &idn 91.

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S~crraNs.
98. ElstaMiahment and ,maintenance of sinking fua&,
89. Power io disccsllrin ue payments into sinking Anad.
100. Investment of sinking fund.
101, Application of sinking funds.
102. h a 1 atatemeat by trustees.
193, Annual examination of ainking funds.
104. Estimatce, of income and expenditure to be laid @nually Wore thr, Bserd.
105. Sanction of the Board to cstimrtos.
106. Approval of Go~ermnent to mtimatcs.
107. Supplementary estimate.
I
108. Adherence to estimate and maintenance of dosing balance.
109. Definition of "cost of management".
110. Keeping of capital a v ~ u n and
t revmile account
111, Oedits to capital account.
112. Applicatioil of capita! account.
113. credits to revenue account.
114. Application of rovonuc accuunt.
115. Pawer to ciir~clsale of securities in which a;ly surplus of t ne m e
accounts is invested.
116. Advmcbs from revenue account.to capital acmu!xt,
117. Advance fro111 capital account to revenue nccou~lt,
118. Subrnissiol~of abstracis of accounts to Govcrurl lon[.
119. Anllual audit of accoullts.
120. Powers of auditor.
121. Remuneration of auditor.
142. Reports and infori lation to be furnish33by audilcr t o *be Bagd.
113. Audiior's report to b to each rn~rnb:~
ar. d torsi by &al c , t
a
124. Bwrd to rerno.!~d'f:cIs pointed Out by ;:oiiror aild to submit a regc
t o @vor~rue~lt.
125. Awounta and audit report t Q be. forwrrr2.erl t 0 Governmen( ai-ld their
placing before the Strte Legislature. &
9
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?lilt 1I t l N ) . PoN hL1If!A AND I 3 ~ o c ~ r ~ u n ~ .

130. tbct~:klly
for. rcnloiiay fence, ctc., in street.
127. Penalty for building within street alignment or bulltiing fine without permWsar.
128. Penalty for failure to comply with rcqu:hition made by audLor. I

129. Pehalty for obtructing contractor or removir~gwork.

130. Penalty for bmch of the provisions of the Act, eic.
13 1. Compensation to be paid by oflenders fbr damage caused by thanr.

I 132. Punishment for acquirittg share or interest in contract, etc, with th Board.
1 3 3. Procedure.
134. Duty of police officers.
? 135. Arrest of ogenders.
136, Powers of Chr.irman as to institution, com~ensa.tIon,
etc., of legal p r o e t d i n e
and obtaining legal advice.
13'7. Plotectiou of action t a " m in good faith.
138. Notice of suit agaiost :Board,etc.
, 139, Proof of consent, etc., of h a r d or chairman or otricer or servant of tha B o d
140, Power of Chairman to direct removal of unauthoriz,ed erections, ete., within
street alignment, etc.
t 41. General power of the Board to pay compensatio1:i.
142. 'kiblic notices how to be made known.
143. Newspapers in which advertisements or .notices are to be published.
144. Stamping signature on notices or bill&
145. Servie how to be effected.
146. Power to make surveys, or contribute towards their cost.
147. Power of entry.

CHAPTER WV.
M~KEUIANBOVS.
148. Powers of the Board for facilitating movement of the population.
149. Members, officersand servants of the Board, cornmitt ces aad Tribunal deernod
to be public servants.,
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518 Sdbir e lf~eisi/tgBoard [L961:T.N. Act \

150. Contributions by Board towards leave allowances and pensions of servants of the
Central or State Government employed under this Act.
151. Board and Chairman to exercise powers and functions under Tamil Nadu Act
MI of 1920.
152. Board and Chairman to exercise powers and functions of local authority aud
executive authority.
I 153. Supply of docume~ltsand information to t l x Government.
154. Submission of administration report to Government.
155. Power of Government to frhe directions to the Board and local authorities.
of the Board.
1 56. Su~~.session
157. Dissolution of the Boarcl.
158. The Board to be a local authority under Central Act 1 of 1S4 and Centrar bet
TX of 1914,
159. Power to remove difficulties,

CHAPTER XV.
RULES AND RFOULATIONS.
160. Power to make r i11c.s
161. Power to make regulations.
CHAPTER XVI.
REPEAL ANQ SAVUC?.

1 62. &veal and saving,

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?
I061 : T.N. Aet 171 Srr le Hardsing Board 573
i
l[TAMIL NADU] ACT NO. 17 OF 19612.
THE 1 [TAMIL NADU] STATE HOUSING BOARD
k ACT, 1961,
X /

. [Received the assent of the President on the 6th April 1961 ;

first published in the Fort St. George Gazette on t h ~ .
12th April 1961 (Chnitra 22, 1883).] -
An Act to pro:~idefor the execution of housing and improve-
ment schemes, ior the establishment of a State Housing
Board and for certair: otrler matters.

WHEREASit is expedient to provide for the execution

, f housing and improvement schemes, for the establishmeilt
ol' il State Housing Board and for certain other mqtters
hereinafter sppearing ;
BE it enaeted in the Twelfth Year of the Republic
of India as follows :?-

CHAPTER I.

1. (1) This Act may be called the '[Tamil Nadu] State

Housing Board Act, 1961. Short title,
extent and
commence-
(2) It extends to the whole of the 3[State of Tamil.Nadu], ment *

(3) It shall come into force on such date a s the Govan-

ment may,by notification, appoint ;and different dates may
be appointed for different areas.
- -.
7 -
These hvcrds were subsli!u(cd f a 1he word "Madras'? by
t h . ~Tclmil Nddu Ad,ip(ation of Laws Order, 1969, as amended by
tlt: Tan;1 N~duAdciptation of Lqws (Second Amendment) Order,
, 1969.
For Statement of Objects and Reasons, see Fort SL, George
Gazerre Extraordina~y,dated the 22nd August 1960, Part TV-Section
3, pages 92 and 93.
a This expression was substituted for the expression "State of
Madras" by the Tamil Hadu Adaptation . of Laws Order 1969,
as anla~ded by the Tamil Nadu Adaptatioa of Laws (becond
Amendment) Order, 1969
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LatestLaws.com

I1
580 Stare Housing Board 11961 : T.N. Act 17

neenitions : 2. In this Act, unless the context otherwise requires,-

(1) ''betterment fee" means the fee declared to be payable
<her section73 in respect of an increase in the value
of land resulting from the execution of a housing or
improvement scheme;
(2jUBoard"means the =[Tamil Nadu State Housing
B ~ d 'constituted
j under section 3 ;
(3) " Board premises " means any premises belonging
t o, 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) " Chairman " means the Chairman of the Boari;

(5.1 Committee " means any commit tee irj~pciintrcl

\ 66

under sectioc 25;

(6) " competent authority " means any person ox

authcrity authorised oy tne Government, by notification,
to perform the functions of the competent authority
lrnde Chapter XI for such area as may be specified in
the ntstification ;

(7) " Government " means the State Governn~ent;

(8) " Housitlg Board Engineer " means the Housing

Board Engineer appointed under section 16 ;
(9) housing or improvement scheme means a
"
99

schelne framed under this Act and includes any one of the
types o f schemes referred to in section 40;
(10) " land " includes benefits to arise out of land,
and things attached to the earth or permanently fastened
to anything attached to the earth ;

(1 1) " member " means the member o f the Board ;

------------ -... .-. - - --4.
-
-.
r

I. This expression was substituted for the expression "Madrtls

ctate Housing Board" by paragraph 3 (1) of , and the SchwuIe
to, the Tanzil hadu Adaptation of Laws Order; 1970.
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582 State Housing Board. [I961:T.N. Act 17

,"..----- 11C- -- --I
- ---
C64.Coristitution of the Boa+d.-- ( 1) Tile Board shall consist
of a Chairman, appointed thc: GOvcrl'l~flent,who possesses
, llch qualifications as may be prescribed, and of the foilo~ving
~ ~ ~ ~ L I ,nJa, ~Kns~, :
ly -
( u ) four noa-official m-rnbcrs, appointed hy the
Govrrnment ,one of whom shall be an engincer o r architect, a

who poss'sses ex~erieaceiu housing and who l s not employeu

by thl: Governlllent or a local authority or a corporation
owricd or coutrolle,i by the Government ;
(b) the Secretary, Board of Revenue, ex-oficio;
(c) ths Chief Engineer, Public Works Department,
i~z-chargr;of buildings, ex-o#zcio;
(d) the Joint Director of Town-Planning, c~-o&cio;
(e) the Inspector of Municipal Councils and ~ocrtl
' Uoal.ds, ex-o flcio;
( f ) the Cornmissloner of Labour, cx-o jflciu;
(g) the Commissioner, Corporation of Madras, ex-
ojjtcio ;
(h) thc Registrar of CO-oporativc Societies, cx-oScio. ; .

( i ) the Director of Harijan Welfare, ex-o&cio ;

( j) the Director of Public Health, ex-o$lcio ;
. . . .
: E ( k ) the secretary to the ,Government i n thc.pinance r.
i . 8;:
~)e~art'mc;nt, . * ' ";
ex-oflcio . % . 1 :

(1) the superintending Engineer. Rural ~ o u s i &Ce 11,

ex-o flcio ; -
(m)a11 officer, nominated by the Development Corn-
rnissioncr, who is in-charge of Rural Development and having
jurisdictio1~throughout the Statc, ex-ofldo ;

'
(2) It' for any rbisoi the officer referred to i n clause ( c ) ,
,(el or ( k ) of sub-section (1) is unable to attend any meo ling
of the Board, he may depute any officer subordinate to him to
attend such meeting. The. officer so deputed shall have tha
right t o take part in the discussions of the Board, but shall
m t have the right t~ v~te,''

*On and LrOm the date of coming into force of the T:lmjl
Yadu State Housing Board (An~endment) Act, 1973 (Tamil
dadu Act 3 of 1974), the Chcirman arid members of the Tamil
Naiu Statc Housing Bonrd l ~ ~ l d i noffice
g as such, on the said
I
date ceaseri to hold office tilnir appointment on and after
tile said date Was made in rccorcl,lnce with the Provisions of
T;~.milNadu Act 17 of !?dl, as q e n i l c d by Tamil Nadu A G 3~
3f 1974,
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1961 :T.N. ~ c 171

t State Housing B a r d 583

5. The appointment of the Chairman and the non- Appoiotmeaa

official members shall be notifidin the Forr St. G m e z b 2 6 ;
G#z;etV. Qa&==
be n@ilk3k
6,C Tbt Cliairman aad or
1
of 'their appointment. y
&e aon-a fiicial members,,T
s h d &O d d i c e for a period of three--years
--
- from the datc oflice of m e
, Chairman
. . <a I.. and non-om-
cia1 members.
(2) The Chairman and the non-officiar members
shall bC eligible for re-appointment.
'(3) Any non-official membei' may resign his oBce
by giving notice in writing to the Government but he shall
continue in office until his resignation is accepted by the
'Government.
!
\

7.(1) A person shall be disqualified for being appointed Disqualifica-

as, and for being a inembcr of the Board, if he- tions for ap-
(a). has been convicted by a criminal court for ,,mbc,
pointment as
of
an offence 'involving inoral turpitude, unless such con- the Boardu
vctioa has been set aside ;
(6) is an undischarged insolvent ;
(c) is of unsound mind ;
(d) is an officer or servant under the Board ;
(e) has directly or indirectly, bv h;l-~sell01 by
a.ny partncr, employer or .employee, any share or interest
in tract or enlployment with, by or on b c h ~ l fof,
the Board ; or
(f)is a director or a secretary, manager or other-
officer of any incorporated company which hris any share
or interest in any contract or elnployment with, by or
on behalf of, the Board.
(2) A person shall not, however, be disqualified
under clause (e) or clause (fl of sub-section (1) or be
deemed to have any share or interest in any contract
or eillployn~entwithin the mcaning of those clauses, by
reason only of his, or tlie incorporated company of which
he is a director, secretary, m'mager or other officer, having
a share or interest ill-
-__21__ _ _
*Now the Tuwil Nadu Government Gazette,
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584 State Housing Board 11961 :T.N. Act 17

(i) any sale, purchase, lease or exchange
immovable property or any agreement for the same ;
(ii) any agreement for the loan of money or
any sec~rityfor the payment of money only ;
(iii) any newspaper in which any advertisement
relating to the affairs of the Board is inserted ;
(iv) the occasionstl sale to the Board, to a value
not exceeding two thousand rupees in any one year,
ofaany article in which he or the incorporated company
regularly trades.

(3) A person shall not also be disqualified 1:nder clause

(e) or clause (f) of 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 shareholder of such company :
Provided that such person discloses to the Govern-
ment the nature and extent of the shares held by him.

Explanation.-For the purposes of clause (d) of

sub-section (l),the Chairman shall not be deemed to be
an officer or servant undcr the Board.
Ohairman to 8. (1) The Chairman shall be a whole-time officzr
be whole-
ti me nfficer. &' the Board, and shall not undertake any work uncon-
~ t c t e dwith his offict without the sanction of the Govern-
ment.
(2) H,: shall be paid such salary and allowanc-s as ,,

may be fixed by the Government.

h a v e of 9. (1) The Government may, from time to time, 1

absence for
Ihe Chairman g
rant to the Chairman such leave as may be admissible
and appoint- under the rules=
iB
ment of an
acting Chair* (2) Whenever there is a tempor
man- . office 'of the Chairman, the Governmen
a person to act as Chairman cturing the
vacancy and shall pay to such person such salary
allowances as may be fixed by them. The person
appointed shall be deemed for all purposes of this
to the Chairman.
.c

* *
- **- -
A '
. -- .
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10. (1) 1f at any time it appear Government Remoird of

that the. Chairman has shown himself .to, be unsuitable and 'fie ~other
hairm1 ~
his office, or has been guilty ,of.:any misconduct or n,otficid
ect ' wl&h renders , his removill . expedient, they may, members
notification, remove the Chairman from office.
. \

(2) The Government may, by- notification, remove

r )
any nonkofficial member from office-
tt

(a) if he has, without the permission of the Board,

been absent from the meetings of the Board for any period
exceeding three consecutive months ; or
(b) if he has been absent from the meetings of
of the Board for any period exceeding that parrnitted
under sub-section (1) of section 11 ; or

(c) if he, being a legal practitioner, acts or appears

on behalf of any person other than the Board in any
civil, criminal or other legal proceedings in which the
Board is interested, either as a party or otherwise ; , q
(d) if he has, in the opinion of the Government,
contravened the provisions of section 26 ; or

(e) if he, in the opionion of the Government,

is unsuitabl.: or has become incapable of acting as a mem-
ber or has so abused his position as a member as to
render his continuance as such member detrimental
to the public interest.

(3) A non-official member removed under any of the

provisions of clauses (a) to ( c ) of sub-section (2) shall be
disqualified for appointment as a member for a period.
of ihree yer-rs from the date of his removal unless other-
wise ordered by the Government.
(4) A non-official member removed under clause
(e) of sub-section (2) shall not be eligible for re-appoint-
ment until he is declared by an order of the Govzrnmellt
to be no longer ineligible.

casual of
11. (1) The Board pay p = m ; t any non-officialFillins
member to absent himself from its meetings for a period
not exceeding six months.
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586 State Housing ~ a a r d [a61 : T.N. Act 17

(2) The casual vacaucy in the office of a member

who is permitted to be absent under sub-section (1) may
be filled by the Government and any person appointed
to fill such vacancy shall enter upon oilice forthwith but
shall hold office only so long as the vacancy lasts :
Provided that the person so appointed is eligible
for being appointed as a member to the office of the
absent member in accordance with the provisions of
section 4 and is not disqualified under section 7.
-

CHAPTER 111.
~ A N S F E ROF THE ASSETS AND LIABILITIESOF THE
CITYIMPROVEMENT TRUSTTO THE BOARD.

Transfer of 12. (1) On the appointed day the Board of Trustees

assets and for the improvement of the City of Madras (i~ereinafter
liab,litics of referrea to as the Ciiy Improvement Trust) shall sl and
the City dissolved and all its assets aid liabilities shall stand tritns-
Improv '-
ment Trust
ferred to and vested in the Bo;trd.

.,.
to thc Boa1 a.
(2) The assets of the City Improvement Trust sha1.f
be deetred to include all rights a~rdpowers and all propc.
whether movable or immovable, belonging to or vested In
the City Improvement Trust including in particular cash
balances, resewe funds, invest I nen ts, deposits and all o tl~er
interest3 and rights in or arising out of such property as
may be in ths possession of the City Improvement Trust
and. :,I1 books of accoirnt or documents kept or maintained
by the City Improvement Triist ; and the liabilities of the
City In~provementTrust shall be deemed to include all
debts, liabilities and obligations of whatcver kind then
existing and pertaining to the Cit y J~nprovementTrust.
Ex,ol~fnaiian.-In this section and in sections 13, 14 and
15, " ap2ointed ddy " means the date on which this Act
comes into force in I hc City of Madrrs.
Of
ovidenr, 13. (1) Where the City Improvement Trust has establi-
I pcrafi:lu- shed a provident fl.nd os superannuation fund or any
on and other like fund for the benefit of its employees and
Other like constituted a trust in respect thereof (hereinafter referred
'O
Board. to as the existing trust), the moneys standing to the credit
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LatestLaws.com

of any such fund on the appointed day, together with any

othet assets belonging to such fund, shall, subject to t l ~ e
provisions of sub-section (2), stand transft~~cd to ant1
vested in the Board on the appointed day free from :my
such trust.

(2) The Board shall, as soon as may be 8:tt.r the

t
appointed day, constitute in respect of thr: n ~ u n c y sand
other assets which are transferred to and veskd in it under
sub-section (I), one or more trusts having objects its
similar to the objects of the existing trusts as rnay be
practicable.

(3) Where all the moneys and other assets belongi~ig

to the existing trust are transferred to a ~ l dvested in the
i'
Board under sub-section (I), the trustees of such trust,
shall, as from the appointed day, be discharged from the
trust, except as respects things done or omitted to be done
before the appointed day.

14. (1) Unless otherwise expressly provided by or under E P E ~ofC ~

this Act, all contracts, agreements and other instruments vesling of
of whatever nature subsiding or having effect immediately "sets and
the City cf
before the appointed dw and to which the City Improve- liabilities
ment Trust is a party or which are in favour of the City Improve-
Improvement Trust shall be @ as full force and effkct ment T~uz*.
against ot in favour of thc Board, as the case may be,
and may be enforced or acted upon as fully and efrectually
as if, instead of the City Improvement Tlu:,~,,thrt Board
had been a pally thereto or as ~f .they h?d been er~te~.cci
into or issued in favour of the Board.

(2) If on the appointed day any suit, appeal or otller

legal proceeding of whatever n2t[:re by or i?grainst the City
Impro crement Trusl i: pe!l;ting, t h ~ ,rit 511..11 not ablte,
be discontinued or bu in a n y way prejudicially alrected
by reason of the tr~~nsfel- 10 the BO-AQ of rhc assets and
liabilities of the C i ~ yimprovement Trust or of anything
done under this Act, but the suit, ~.pp~a.l or o-ih e t legal
proceeding may be continued, prosecuted add %nfotced
uy or against the Board.

Explanation.-For the pu rpose of the ,sub-sectio n 'legll

I
proceeding' includes any ' proceeding' under the Land -" :, -
I Acquisition - -Act, 1894, (Central Act1 of 1894).
! .Jj
I
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[I961 f T.N. Act 1

7
Transfer of 15. (1) Every whole-time employee of the City Improve-
service Of ment Trust shall, on and from the appointed day, become
I existing
c~nployttts an employee of the Board, and shall hold his office thercin
of ,h3City by the same tenure, at the same remuneration and upon
I~nPriwr- the same terms and conditions and with the same rights
m n t Truir and privileges as to gratuity, if any,and other matters as he
lhe B'3rd= would have held the same on the appointed day if this
Act had not been passed, and shall continue to do so unless
and until his remuneration, terms and conditiops are duly
altered by the Board.

(2) If any question arises as to whether any person

. T 7 ~a swhole-time employee of the City Improvement
Trust immediately before the appointed day, the question
shall be referred to the Government, whose decision shall
be final,

(3) Notwithstanding anything contained in the Indus-

trial Disputes Act, 1947 (Central Act XIV of 1947), or
in any other law for the time being in force, the transfer of
the servies of any employee of the City Improvement
Trust to the Board shall not entitle any such. employee
to any compensation under that Act or other law, and
no such claim shall be entertained bye any court, tribunal
or other authority.

CHAPTER IV,
- I I i .

f.
I ,
9

AND MEMBERS
OPFICIIRS OF THE STAFFOF THB .BOARD,
rt . , I L

~ ~ ~ o i n t -16. (1) The Board &aYappoint a ~ e c r e t i r ~ ; ' k : , ~ & ~ s i ' n ~

nlcut Boatd Engineer 'and such other officers and.'s6fwu~tsas.
Secretary, it considers necessary
. , for the efficient of,
.
its
ljousi h8 functions : L

Board Bngi-
and
olher officers
servancs
~f the Board. Provided that ' the appointment of the se&e&rYand
' the Housing Board Engin~ershall be subject to.- the ,

previous approval of the Government:

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LatestLaws.com

(2) Subject to the provisions of subsedion (1)-

(i) the Board may, with the previous approval of-the
Government, sanction the creation of, or appoint ,..-.v
person to any post the maxiinurn monthly salary of which
exceeds one thousand rupees ;
(ii) the Board shall have power to create posts in
its establishment, the maximum monthly salary of which
does nct exceed one thousand ru-pes and to appoint
persons to such .posts ;
(iii) the Chairman may appoint zny officer or
servant whose-maximum monthly salary does not exceed
three hundred rupees :
Provided that in cases of emergency*
(a) the Cbairman may appoint temporarily for a
period not exceqdingthree months, such officers or servants
as may, in'his opinion, be required for the purposes of
this Act .and the employment of.whom for any particular
work has not been prohibited by2anyresolution of the
Board ; and
(b) every appointment made under clsus: (a) shall
be reported by the Chairman to the Board at its next
meeting,
17. The remuneration and other conditions of service of Condikim.s
the Secretary, Housing Board Engineer and other officers of scrvib of
and servants of the Board shall be such as may be pres- officersand
cribed by regulations. servants of
the Board..
18. (1) Subject to any regulations made under section 19, Promotions
the power of making promotion to posts in the service of and puni*h-
~gzfi,"-
the Board, of granting leave to officers and servants holding
,,,,, ,
such posts, of censuring, fining, withholding promotions
from, reducing, suspending, removing or dismissing such the ~ o ~ ~ d .
officers and servants for any breach of #departmentairules
or didpline a r for carelessness, .un.f#n,e s, neglect of duty
or misconduct,. .and 'of discharging, ;ii@& officers and
servants from the service of the Bqq@ for any other
buiilcieht ieasbn: sh'hlf b'e' ?xerpi$ed
, , $$,the following autho-
J * A&!JL5.)

ritied, nadely :- '

-- -
(a) 2by.the Chairinan in the jCja@ of posts, the maxi-
mum -monthly salary ' d whicH 'd@e$not ' ex& the
hundred rupexis! and 'the servantsFkblaing such posts ;
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LatestLaws.com

(b) by.the ,Board; in the case of posts tbe maximum

lnonthly salary of which exceeds three humired rupees
but does not exceedIape thousand rtipees and aficers and
servants holding such posts ;
(c) by the Board, subject to the previous approval
of the Government, in the case of posts the maximum
monthly salary of which exceeds one thousand rupees and
officers and servants holding s u ~ hposts :
Provided that a servant of t l ~Centrill
: or State Goverrl-
nlent or of a local authority, vlliose services have been
lent to the Board, shall not be 90 punished except by an
authority which would have been competent to do so if
his services had not been so lent, but the Chairman or the
Board, as the case mil.) be, s;halJbe entitled to make an
inquiry and to report against such servant to such authority.
.
(2) Any officer or servant of the Board who is aggrieved
by an order passed under sub-sectign (1) may, within two
months from the date of receipt by him of such order,
appeal- -
(a) to the Board, if the order was passed by the
Chairman ; and
(6) to the Governmeat, if the order was passed by
the Board.
Service 19. '[(I)] Subject to the provisions of [his Act, the Bonrd
legulPtions*shall, with the previaus :rpproval of the Government,
mdke regrxkations--
(a) fixing the ssldry and allowances of the Sccretnry,
Ijousing Board Engineer other officer* and serv;rnl,
of the Board ;
@) fixing the amount and nature of security to be
furnished by any ofitice1 or sex Vant from whom it may be
. - deemed expedient to require security ;
(c) fat regulating the grmt of leave of absence,
leave allowances, and acting allowances to the officers
and servants of the Board :
Provided th%tia servant of the Ccntml or State
Oovernaellt employed as an officer or servant of the Ba , ~ r d
_ . - - - -
1 The original section 19 was Tenurnbefed ag sub-section (1) of
that -[ion by ~ect:on2of the N a d ~State Housing
~ o r \ (~tnefidment)
d Act, 1977 (President's Act 9 of 1.977). -
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i961 : . '11.y.
~ c t 171
. State &using Board

shall not be entitled to leave or leave auowauces, otherwise

than as laid dowu in the conditions of his service under the
Central or State Government relating to transf'er to fbreigo
service ; ' ,

l[(d) for establishing and maintaining a provide~lt

fund, for compelling the officers and servants who
were in the service of the Board on rhe 5th t a y of Augact
1970 [except such cf them as opt to receive the pension
referred to in clause Cf)] to subscribe to that fund at such
rates anJ subject :o such conditions as may be specified
in the regulations and for suppleme~ting such
subscriptioiolls out of the funds of the Board :
t
Provided that nothing contained in this clause or in
EE clausz (,f) shall apply to ?he s - r v ~ cf ? ~the Centrai Govern-
& ment or the State Government in respect of whom contribu-
tion is paid under section 150;]
(e) for determiniw the conditions under which the
officers .and servants or any of them shall on retirement
:eceive gratuities or compassiona~eallowances and the
amount of such grat uitie:; and compassionate allowances.
2[(f) (i) for fixing tile pen~ionin respect of the officers
and servants,--
(A) ,ajp'bointed tc the service &f thi? Board trfter ths
5 t 11 c1t1-3 of A B ~ Ut ,S19'70 ;
(B) who were i n the service of the Board cm the 5th
driyof Augusi, 197U 2nd who opt to be governed by ihk
C ~ clause :,!
rcgttlittiona ~ n i ~ r Ll eL I - J C ~this I :

?,,- , . j

pro;lded that t h e option aforesaid shall bo ex&cisecl

2

w i t h ~ such
~ l peiiotl as may be specified by the Goverament
in this behqlf and the option oqce exe~cisedshall be final ;
-
T h
-.J4 .+' ,$Id
li

i t e Was kuhst ituted for the 'fol10%' clause by sectiso

2 ( I ) (ij ct~"~h&"~ r f h i 'l ' xState
~ ~ ~ -r)Cr'rd (Amendment)
ETobs*
Act, 1977 (President's Act 9 of 1577) :-
'' d) for establishing and maintaining a provideratfund, for
comlehinq, dl1 or any bf the offlcers 5ervnr~ts aibrr tilnn
servants O :: the Central or State Government in respecr of whom
. a contribution is paid under section 150 to subscribe to. the fund
at such rates and subject to Such conditions as may be prescribed,
and for supplemanting such subscriptions O h t of the funds of the
Board." .
a This clause was inserted by section 2 (1) (ji), ibid,
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532 State Housing Board [iki $3.Act 1-7

(ii) for determining the conditions (including
conditions as to payment to a non-contributory provident
fund), subject to which the officers and servants referred
to i n sub-clause (i) shall be entitled to receive pension.]

1[(2) Any regulation under clause (d) or clau~e, (j)of

sub-section (1) may be made so as to be retrospecstive to any
date not eariier than the 5th day of August, 1970.1

Maintaining 20. The Board shall prepare and maintain a schedule

., SChdde of of establishment before the 1st of May of every year,
- estublisa-sho~ing
ment the number, designations and grades, of the Z
officers and servants (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 L.
i.
for the purposes of this Act, and also the amount and the
nature of the salary, fees and allowances to be paid to
each such of'ficer or servant, contributions payable under
section 150 in respect of each officer and servant, as on
. .
the 1st of April of the same year.
-3
i

Housing 21. (1) The Board shall establish a Housing Uqit for
lits* the area comprising (i) ihe City of Madras 'ahd '(ii) $laces
situated within twenty-five miles of the limits of the City of
Madras by th,o name ". The Madras Housing Unit ,' ; and
the Board may, with the approval of the Government,
establish by resolution a Housing Unit for any other area
far the efficient performance of its functions in that area.

(2) Every housing unit shall form part of the establish-

ment of the Board and shall consis;. of such officers and
servants as may be considered necesssry by the Board.

(3) Every housing unit shall be in-charge of an

officer who shall be under the administrative control ofthe
Chairman and shall also cwerckc:such powers, and perform
such duties and functions, as may be delegated to him by .
the Chairman under section 22.
-
1 This sub-section was inserted by section 2(2) of the Tamil
Mtldu Stare Housing Board (Amendment) Act, 1977 (President's
Act 9 of 1977).
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k
--- .

1961 :T. N. Act 13

---L----.

State Housing Board 593

22, (1) The Ohairman shall exercise supervision Control and
and control over the acts and proceedings ctf all officers by
delegation
and servants of the Board, and, subject to the foregoing cliairmah.
sections and subject also to such control and revision as
may be prescribed, shall decide all queption~relating to the
service of the said 05~iersarid her ~ p n t s and
, their ~.alaries,
allowances, benefits and privileges. . -

(2) The Chairmail may. by general or special order

in writing, delegate to any officer of the Board, any of his
powers, duties or functions under this Act or any rules o t
regulations made thereunder, exuept those under sections
23,93,104,136 and 139:

Provided that- I ,

(a) the Chairman shall not delegate his powers

under seutions 28 and 29 to inour expenditure and to
approve estimates for any single work or scheme, the
value of which exceeds twenty thousand rupees ;

(6) the Chairman shall not he1egate his powers

under seation 16 to make appointments to posts the
maximum monthly salary of which exceeds one hundred
rupees ; and
1 'i

F (c) the Chairman shall not delegate ally of h i s

! powers under section J8 to any officer in respect of any .
employee.of the Board unless s u ~ hemployee was
by such officeror any subordinate of such
virtue of a ,delegation of Chairman's power of
- ... I

appointment under section 16. C

I.I

(3) The exercise or discharge by any officer of any

powers, duties, or functions delegated to him under sub-
section (2) shall be subject to such restrictions and limita-
tions as may be imposed by the Chairman, and shall also
be subject to his control and revision.
I

1 (4) Against any order of the nature referred to in

sub-section (2) of section 18 passed by an officer to whom
the Chairman's power in that behalf has been dclegated,
an appeal shall lie to the Board, and if the Chairman has
himself revised the order of such ,officer, an appeal kllall
.. Board
- tile
lie to '. . .'. " . order of the Cbair~aq.
a$ainst the
a.
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../
:cct St:furcH~tisirigBoard [I961 : T.N. Act 1'7

CHAPTER V.
U OF BUSINESS OF THE
~ O N D CT BOARD
AND ITS COMMITTEES. s
i

Mceliogs of 23. (1) The Board siall meet at such times and places
*he b a r d . and shl.ll, subject to the provisious of sub-sections (2) and
(3), observe such rules of procedure in regard to transaction
of busincs~at its meetings (including the quorum at
ineetings) a may be prescribed by regulations :
Provided that the Board shall meet at least once in
every month.
(2) The Chairman or in his absence such member as
may be chosen by the illeinbers ixesent from alnollg
thcwselves shall preside at a meeting of the Board.
(3) All questions at any meeting of the Board slydl be
decided by a majority of the votes of the members present
and voting and in the case of an equality of votes, the
c:.-;.man, or in his absence the person presiding, shall ha%
rr second or casting vote.
(4) The proceedings of the meeting of the Board shall
forwarded to the Government in the department in
charge of housing within seven days of every meeting.

Tcll1pjrary 24. (1) The Board may associate with itself in such
assoc; ~t ion manner and for such purpose as may be prescribed by
of pzrsons regulations, any person whose assi~tanceor advice it may
with !'Ie desire for the purpose of carrying into eKict ally of the
Board tor
particularprovisions of this Act :
?UfPOSCS,
Provided that the number .
of persons so associated ,
shall not be more than. five.
J .
(2) A person .associated with the ~ o a r diiiiaei.'bub-
section (1 ) for any purpose shall have the right to take parr
in the discussions of the Board, relevant to that purpose
but' shall not have the right to vote and shall not be named
,
as a member for any other purpose. a

(3) 'The' ~bi$&ment(may, by. order, depijii oie or

more officers of the Goirernment to attend any meeting of
the Board and to tak?jbi\rt in the discussions of thp Bard,
but such officer or oWrs shall not have the right to vote.
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1961 :T.N: h i i7f State Housi~ripBoard 59 5

25. (1) The ~ o a r dmay from ' tim& to ?time appoint A ~ w i n t -

*

Coqmitteeb ,'chisting of such number - 6f persons as it men' and

fu%t ions
lnay ~idki'fit"fidi.' the purpose' of.dischi@iri&.such duties Co,,mi,.ee
or perfo~&isjP+s~chP functioliS, andkon!%lch terms a s d
codditions-kis'~ i r ybe priikcribed by re'&l'8@ods. , -
." .
1 . ; :,
* $ i f '4-131'31 . . 1

(2) The?Chairman or such other-gsrsoq-as he may

nominate jh '@is behklf %hall.be theiipresident of - the . .r

Committee-dadrthe ~omnhitteeshall oWerve such rules

of procedure in regard to transactions of budiness ,at its - .,
meetings as may be prescribed by regulations. .

(3) All proceedings of the commit?eo shall be subject

to confirmation by the Board.

26. (1) A membcr or a person associated with thc Mcmb,-rs 01

Board or a member of any Comnlittee who- Board or
. Commit ee
+

,tr or persons
(a) has directly or indirectly, b) h~msklfor by any ass( cia'sd
partner, employer or employee, any such share or interest wil h the
;is is described in sub-section (I) of section 7 in rcs~ectof B( ard 1101 10
i\ny maiter, or take part in
prccccdi ngs
-
i n which
(b) has acted professionally, in relation to any 'hey are
matter, on behalf of any persort having therein ally such pcrsonal ly
sllare or interest as aforesaid, - e

shall not vot4 or take part in any proceeding of the

Board or any Committee relating to such matter.

(2) If any member or any person associated with tl~c

Board under section 24 or any member of a Committee -
appointed under section 25 has, directly or indirectly, any
beneficial interest in any land situated in an &ea comprised
in any housing or improvement scheme framed under this
Act, or in an area in which it is proposed to acquire land
for any of the purposes of this Act-

(i) he shall at a meeting relating f o such area of

lllc no:lrd or any Committee inform the person presiding
the liature of such interest, and

(ii) he shall not take part in ;tnj p eding o1.t

relatillg to such area at a meeting or the 'Bcard or any

Co~~lnzrttee.
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596 State gousing Board [I961 :3.N. Act 17

.. - - .. (3) Nothing in- sub-seqtion (2) shall v e n t any
.. .
.-
--h*

.
-
H
member' or any person associated"wiih tfie oard under
section 24 or an)('qc$rpbet:of a Committee ai5pointed under
a

!
section 25 from voti,ng on, or taking part in, the discussion
of any resolution ~r question relating to any subje'ci other
than a subject referred to in that sub-section. .

of the 27. NO act done- er proceeding taken under this Act

Board or by the Board or any Committee shall 6e invalidated merely
Committee on the ground-.
not to be
invalidated (a) of any vacancy or defect in the constitution
by infor-
malily, of the Board or t@ Committee ; or
vacancy, etc.
(b) of any defect or irregularity in the appointment
of a person acting as a member thereof ; or

(c) of any defect or irregularity in such act or

proceeding not affecting the merits of the case.

pow,, of 28. Subject to budget provision and availability oi

Board and funds, expenditure may be incurred on any single work or
':hairman to schen~efor carrying out any of the purposes of this Act-
I ~icurcxpen-
dilure.
(1) by the Chairman, in case such expenditure
does not exceed fifty thovsand rupees ; and
(2) by the Board, in other cases :

Provided that the Board shall not, without the

previous approval of the Government, incur any such
expenditure exceeding ten lakhs of rupces :
Provided further that the Chairman shall report the
expenditure incurred by him under this sectiop to the Board
at its ncrr meet&g fot - atificdtio~.
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1951 :T.N. Act 171 State Housing Board

29. The Board or the Chairman may accord approval Powers of

to estimates for incurring exper~Gtureon any work or Board 2nd
Chairrris~to . .
, scheme for carrying out ally of th? purpobs of this Act approve
subject to the like restrictions and conditions imposed on estimates.
the Board or the Chairman, as the case may be, under
section 28.
30. The Chairman may, in cases of emergency, direct Emergency
the execution of any work or the doing of any act which powers O r
requires the sanction of the Board and the immediate Chairman,
execution or doing of which is, in his opinion, necessary
for the service or safety of the public and may also direct
that the expenses of executing the work or of doing the
act shall be paid from the funds of the Board :

Prwided that-
(a) he shall not act under this section in contraven-
tion of any direction of the Board or the Government
prohibiting the execution of any particular work or the
doing of any particular act ;

(b) he shall report the action taken by him under

this section and the reasons therefor to the Board at its
next meeting and shall also submit a copy of his report
to the Government and the Board or the Government may
issue sncb directions as it or they may deem fit crtll s u c ~
report? \

31. The 3o?,rd;

I may cnt :r into 2nd ptrform all such Power to
and
conlrzcts as it may consid( r nt czss~ry'or rxpedil nl for perform
carrying out the purprses of this Act. contracts,
32. (1) Every contraact shall be made on behalf of the Agreements
B o i ~ ~byd the Chairman. deposits.
(2) he Chairman sh:~ll take suflicient sccarity
dep2sie frir the due pzrformancz of the cout ract.
(3) Written agreements shall be executed for cll
con1racts, the value of which exceeds five hundred
rupses.
(4) Every contract rrtade by he! :,>Chairman, the
vc,lue of which exceeds ten thousand rupees, shall be
reported to the Board at its next met ting.
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598 State Housing Board [I961 : T.N. Act 17

Further pro- 33. (1) Subject to the provisions of stctions 3J 2nd
visions as to 32, the contracts or agn ernents shall be made o r txc-
execution of
contracts cuted in accord~mcc:wiih such rules as ina Y be p ~ e s ri-
c
and agree- b - .-1 .
mento.
(2) A contract or agretmmt made o i exec u ~ in~ d
con"La,ven.~~on s or .ihz rules
of the provisions of ~ h : Act
or segulatio~lsmade thereunder shall not br: binding on
thc Boar d.

Signing of 34. (1) The Chai rm::n, or any cfficer of i h.: B0~r1.d
instruments
and the nuthorisc d in wiiting by the Bo;,rd in this behclf, m:;y
registration sign on b~h:rlfof the Board CAY 2,grgraement o r o.hcr
of such c nbe
i ~ ~ s t ~ u i nto t execulcd on b~halfof the Board.
instruments.
(2) Notwi'hstanding anything con~amed i 11 :he '
Indi n Regist ration Act, 1998(Cknt ral Act XVI of 1908),
l bc necessary for the Chaii.m;in or 1.~11 officer
i t s h ~ lnot
of thl Board referrrd to in sub-section (1) to appear in
person or by agcnt at any regstration oflice in any
proceeding connected with the registration of any ins-
t runlent ex{ outed by him in his official c~.pacity or to
sign as prcvided in section 58 of that Act.
i

(3) Where any instrument is so executed, the regi.

stering oBcer to whom such inst rurnent is presented for
registration ma.Y, if he thinks fit, refer to the Chairman
o r an oEccr of t4e Board referred to in sub-sect ion (1)
for informatioq respecting the same and shall, on being
satisfied of the execution thereof, register the instrument,

CHAPTER V11.

Power of the 35. (1) Subject to the provisions of this Act, the Board
Board to m;:y, from rime to time, incur expendi~ureand under.
undertake take works for the ftaming and c X W U L ~ Oof~ such h o u s h ~
housi%Or Or improvement schemes as it maYconsider necessary.
improvement
schemes and
incur
c xpenditure.
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9961 : T.N. Act 171 St ate Housing Board 599

(2) The Government may, on such terms and conditi-
ons as they may think fit to impose, transfer to the Board
?hl; execution of any housing or improvement scheme not
provided for by this Act, and the Board shall there-
upon undertake the execution of such scheme as if it "ad
-
been provided for by this Act.

(3) The Board mzy, on such terms and conditions

as may be agreed upon, take over for execution any
housing or improvement scheme undertaken by a local
authority and the Board shall execute such schemes as
if it had been provided for by this Act.

36. Whenever the Government consider it expedient powgrof

or necessary, for the purpose of clearance or improvement Governm~nt
of any slum area, to transfer any 1ar.d in such area belonging &F?:sfier
to or vested in them or acquired under the provisioils belonSing t o
of the '[Tamil Nadu] Slum Improvement (Acquisition or vested in
of Land) Act, 1954 ('[Tamil Nadu] Act XI of 1954), they th:m or
may do so on such terms and conditions as they may acquired
think fit to impose; and direct the Board to imrlertakz underl[Tamil
Nadul Act
the clearance or improvement of that area and to f r a m XI of 1954
and execute such housing or improvement scheme under to the Board.
this Act as the Government may specify and the Board
shall thereupon undertake the same for executio I as if
it had been provided for by this Act.

37. A housing or improvement scheme n a y be framed Housing Or

i illprovement
by the Board on its own motion or at the instance of the sch,me when
Government or a local authority. 10 b:: framed
by the
*."fi
Board.
38. (1) The Board ma,y agree to frame and execute Board may
a liousing or improvement scheme at the instance of a aarce or
local authority if the Board is satisfied that such scheme
is necessary and the funds at its disposal permit the framing ,.
frame
and the execution of such scheme or may refuse to frame housing or
to
and
a

and execute such scheme if it is satisfie$. that it is either improvement

unnecessary or not feasible or that it 4s-otherwise un- scheme*:
executable. .+.
c I ,.+

These words were substituted for the word "Madras" by

.dhe Tamil Nadu Adaptation of Laws Order, 1969, as amended by
-$heTamil Nadu Adaptation of Laws (Second Amendment) Order,
4969.
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600 State Hozrring Board [I961 : T.N.Act 17

(2) Aay local authority deeming it self aggrieved

by the refusal of the Board sunder sub-section (1) may,
within two months from the da,te of receipt of the order
of 'such refusal, appeal to the Government who may pass
such orders thereon- as they think fit and it shall be tF -
duty of the Board to give effect to such orders accordingly.

Matters to 39. Notwlthstandlng anything contained in any

bs provided other law for the time being in force, a housing or impro-
by Pouslng vement scheme may provide for all or any of the following
Or lrnprovc- mattats', namely :-
merit
schemes.
(c )
the acquisition by purchase, exchange, or other-
wise oi' any property necessary for or affected by the
execution of the scheme ;

(b) the laying or re-laying out of any land corn-

prised in t5e scheme ;

(c) the distribution or re-distribution of sites belong-

ing to ownars of the 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 building: or por-

tions of buildings ;

Cf) the construction and reconstruction of buildi~gs;

(g) the sale, lease or exchange of any property
?-morised in the scheme ;

(h) tho construction and alteration of roads, stjeets,.

back lanes, bridges, culverts and causeways ;

(i) the draining, water supply and lighting of the.

streets inciuded in the scheme ;

( j ) the provision of open parks, playing fields and

open spaces for the benefit of.any area comprised in the
scheme or any adjoining area, and the enlargement of'
existing parks, playing fields, open spaces and appro-
aoha :, ..2:d ;:
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1961 : T.N. Act 171 Star? Housing B O U ~ ~ 601

(k) the provision of sanitary arrangements required

for the area comprised in the scheme, including the con-
servation of and prevention of injury or contamination
to r i v e s or other sources and means of water-supply;

(1) the provision of accomodation for any class of

.inhabitants ;

(m) the advance of money for the purposes of the

scheme ;

(n) the provision of facilities for communication

:and transport ;

(0) thecollection of such imformation ant! st nlis1ics

as may be necessary for the purposes of this Act;

(p) the reclamation or reservation of lands for

markets, gardens, playing Fa'?. gnri afforcstati~n;

(q) the provision of schools, parks, swimming

pools, restaurants, shops, markets, fuel depots, laundries,
hair dressing saloons and other amenities in the scheme ;
and

( I ) any other matter for which, in the opinion of the

Government, it is expedient to make provision with a
view to provide house accomodation and to the impro-
vement of any area comprised in the scheme, or of any
adjoining area or the general efficiency of the scheme.
Explanation.-For the purpose;~ of this section, the
Government may, by notification, .specify such area
surrounding or adjoining the area included in a housing
t vi
or imprbvement scheme to be the - adjoining area.

40. Any housing or improvement scheme shall be TYPT of

of one of the following types, or c0~6inationof any two el,
or more such types or of any special features ~Ixreof, sbmwra
&batis to say-
(a) h house I '

accommodatiog scheme ;
I

(b) a rebuilding scheme ;

 LatestLaws.com

602 State Hausing Board [I961 :T.N. Act 17'

(c) a rehousing or rehabilitation scheme ;

(d) a city or town or village expansion scheme .;
(e) a street scheme ;
0 a deferred street scheme ;
(g) a land development scheme ;and
(12) a general improvement scheme .
modation 41. (1) Whcnrver the Board is of opinion that ii ih
scheme. expedieni,or necessary to meet the need for house accommo-
dation in ariy area, -the Board may- frame a house accomo-
*

dation scheme.

(2) Such scheme shall specify the layout of the area

where the houses are to be constructed.

(3) Such scheme may provide for the constructio~

of houses and for the sale, leasing out or sale on hire-
purchase basis of any house so constructed.

(4) The Board may provide in the area roads, streets,

drainage, water-supply, street-lighting and other ameni-
ties.
Rebuilding 42. (1) Whenever it appears to the Board that any
scheme.
area is an insanitary area, within the meaning of
section 48 snd that having regard to the comparative
value of the buildings in ~ u c harea and of the sites on
which they are erected, the most satisfactory method of
dealing with che area or any p,art thereof is a rebuilding
scheme, t'le Board may name a rebuilding scheme for
the whole area or any part of it in accordance with the
provisions of this section.

(2) A rebuilding scheme may provide for-

(a) t h reservation of roads, streets, lanes and

open spaces, and the enlargement of the existing roads,
streets, lanes and open spaces to such extent as. may be
necessary for the purposes of the scheme;
 LatestLaws.com
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.
171 - -
lYi%l-~Is,N+A~t
b
-- State HoUPing ~ o u r d 603 '

( b ) the relaying out of the sites of the area upon

roads, streets, lanes and open spaces so reserved or enlarged;
$S
(c) the payment of compensation in respect of
$
any such reservation or enlargement, and the formation
of roads, streets, lanes and open spaces so roserved or
enlarged ;
(d) the reconstruction, alteration, or demolition
of the existing buildings and their appurtenances by the
owners or by the Board in default of the owners, and the
erection of buildings in accoraaincc with the scheme by
the said owners, or by the Board in defautt of the owners,
upon the sites as defined under the scheme ;
(e) the advance to the owners, upon such terms
-nd conditions as to interest, sinking fund, and other
matters as may be provided under the scheme, of such
sums as ma.y be necessary to assist them to reconstruct
or alter existing buildings or to erect new bbildings in
accordance with the scheme ; and
(f) the acquisition by the Board of any site 02
building comprised in the area incluiled in the scheme.
43. Whenever the Board is of opinion that it is neces- Rehousing
sary for persons who- or rehabili-
tation
(a) are displaced by the execution of any housing scheme.
or improvement scheme sanctioned under this Act, or
(b) are likely to be displaced by tl;k execution of any
housing or improvement scheme which q , ! -it, i s iutended to
fraine under this Act, or
(c) are surplus in any scheme area,
the Board may frame a rehousing scheme for the construe-
tion, maintenance and management o f ,such number of
dwelling houses and shops as may be required, or may
frame a rehabilitation scheme for providing such number
of open plots with roads,, streets a d open spaces as may
be necessary.
44. (1) Whenever the Board is of opinion that it i s ,,
City or town
expedient to control and provide for the future expansion expansion
or develop.nant of a city,town orvillage, the Board map schemes.
fralns an expansion scheme and specify the time-limit
for the execution of such scheme.
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604 State Housing Bowd [I961 : T.N. Act 17

'p

(2) The expansion scheme may be framed in respect

of an area which lies wholly within G; wholly outsidc: the
limits of the city, town or village or in respect of an area
which lies partly within and partly outside the city, town
sr uillage.

(3) Scch scheme shall specify the proposed layout

of the area to be developed and the prposes for which
particular portions thereof are to be utilised.

(4) After any such scheme has come illto force, no

person sha l?, without the previous pernlission of tbe Board,
crect, re-erect, add to, or alter any building or wall
~ i t h i nthe area comprised in the scheme.

(5) If the Board refuses to grant permission to any

person to erect, re-erect, add to or alter any building r r
wali J n his land in the area aforesaid, and does -not pro-
ceed to acquire such land within one year from the date
of such refusal, the Board shall pay reasonable compen-
sation to such person, for any damage susizi~ledby him
in consequeilce of such refusal.

Street 45. (1) Whenever the Board is of opinion tbat for the
scheme. Surpose of-

(a) providing building sites, or

I
(6) remedying defective ventilation, or
(c) c~eztingnew or irnprovii~gexisting means of
cornmunicatio~and 'f;rcilitit.s for traffic, or

(d) a ffording better facilities Tor conservadcy, '

lt i s expedient to layout new streets or alter existing streets

(including bridges, caUseways and culverts) in any area,
the Board may frame a street scheme for such 'area.

(2) A street scheme- may, within the limits of the

area comprised in the scheme, provide for the foll
matters, namely :- a.
,
1

(a) the acquisition of any land which, i.nthd opinion

of the Board, is necessary for the street scheme ;
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1961 :7. N. Act 171 tute l i o ~ s i n gBoard 605

f

(b) the re-laying out of all or zny of the lalids so

acquired including the construction and re-construction of
buildings by the Board or by persons authorized by the
Board in that behalf and the laying out, constmction and
-alteration of streets anti thoroughfares ;
(c) the draining, water-supply and lighting of
I streets and thoroughfares so laid- out, constructed or
P* altered ; -
t-
i (4 the raising, lowering, or reclamation of any
+
:
land vested in, or to be acquired by, the Board for the
g purposes of the scheme ;
%!
fl
(e) the provision of open %paces for the better
! ventilaticin of the area comprised in the scheme; and
(f) the acq~risitionof any land.adjoining any street,
thoroughfare, or open space to be ,formed under the
T scheme.
46. (1) Whenever the Board is. of @Pinion that it is Deferred
necessary to provide for the ultimate widenhg of :my street street
scheme.
by altering the existing alignments of such strcet to
improved alignments to be prescribed: by the Board but
that it is not necessary immediatelyfto acquire all or
any of the properties lying within the proposed ilnproved
alignments, the Board, may frame a ccdeferrcdstreel
scheme" prescribing an alignment on each sid: of
the s t r m and specify the time-limit for the execuiion
o f such scheme.

(2) A deferred street scheme shall provide f ~ t tile

.
following matters, n2,mely:-
(a) thl: acquisii ion of the whole or pay part of 2.11~
prop2riy lying within the prescribi d $tree[ ~,lignmr..;~[s
wiihin th*.tiine-limit specified in the scheme whicl~olny
be extended by .the Board from time to till~c:
Provided that such time-limit includi:~g lhe cr en-
sions granted by Bo -rd shall in no case cxcecd r wcmy
years from the d a t e of sanczion of -&hescheme.
( b ) the rc-1cy:ng out of r.11 or F.ny such prop + V
ins: d i n g the consir-uction and recons~ructicn of build-
ings by ihc Ba2,rd or by any d h e r person, and the
formnzion and alig~imeniof rhs street;
(c) the draining, water-supply and 1ighring of the
streets so formed or ahel-ed.
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O ~ V LA961 : T.N Act 17'

(3) Afrer a street scheme has .-becn saiic--

tioned by the Board-
<, -
(a) no p:rson-shall, except with the wqaen pcr-
mission of the Board, crech, re-erect, add to or alter
any building or wall so as to make the same project.
into the prcscri bed a1ignment of the strcet;

(b) if the Board fails to acquire or to inslitule

proceedings for the; ?4cquisti on of m y proper1y within
the prescribed alignment of any street within the time-
limit specified in the scheme or extended by it, the own-
er of such PLOP 1-ty may,2.1 any time thtiredic-r, givc
the Board notice rcquil ing it to acquire o r to institute
pl.occodings for the acquisit ;on of such property before
~ h cxpin:.;ion
c ~f six lnontlzs f roln I he d.ife of such
notice, ;?nd thereupon the Board sh ill acquire, or ins?i-
t u t e sucll proceedings 2nd acquire the pi ope1ty accord-
ingly, and i f thy Board fails io do so, it shall pay
reasoncbl.; coinpmsation i c the owner for any damage
suskined by him in c;ollstquei~cevf such failure;

(c) b-fore proceeding to icqui1.e any property

lying within ~ h r :prescribed alignll~ent of the scrset
other I ~ P Jproperty
~ regarding which it h2,s received a
no1 icc wider clause (b), the Board shsll give six months'
not ict t o t h? owner of its intent ion to acqui re such-
proper-,'y.
(d) notwithstmdii~g anything contained in the.
* Madras City Municipsl Act, 1919 (l[Tarni1 Nadu] Act
IV of 1919) oi.the l[Tc%rnilNndu] Distric; Municip .lities
Act, 1920 (l[T&milNadu] Act V of 1920) or in m y noti-
ficati~nissu+;dunder section 206 of the l[Tami 1 Nrrdu]
Dist ric: Bcaav ds Act, 1920 (l[Tp.mi l Nadu] Act XIV of
1920) or unds section 125 of the l[T~.rnilN d u ] Villcg~
panch~~yats Act, 19501 l[Tamil Nedul Act X of 1050) o r
under sect ion 6 of the l[Tdrnil N~.du]Panchaynts Act,
1958 (l[T~?rnilNadu] Act XXXV of 1953), the Council of
the Coi paration of M?dri..s, thc Municipal Cguncil, the
1 ~ h e s words
; were substitut6:d for the word " Madras " by the
Tamil Nzdu Adaptation of Laws ~ r d s r ,1969, as amended by
the ~ a m i lNa4u Ac'aptation of Laws (Second Amenr'ment)
Order, 1969.)
* Now the Madras City Municipal Corporation Act, 1919,
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I964493!L-&.g73-- Stare Horrri~gBoard 607 %. A

S s t rid %oar&&e Vs13sge , 1% Pz3xka?aX

or the panchaya: Union Council shdl not have power to
prescl ibe any alignment of the street within the limits of
the scheme, and any such alignmeBi'previously prescrib-
ed within such limits shzll cease to be the alignment of
the street. / 1
i

41. (1) Whenever the Bcard,is of opinic n 1hat it is Land

e
development
expedient to provjde building-sltes - in any area, the scheme.
Boa4 may frame a land developinent scheme.

(2) Such scheme shall specify the proposed layout

of the 3.rci: f6 be developed 2nd thc puiposcs for which.
particular p~rtionsthereof are to be utilized. t:

(3) The Board m2.y provide for roads, streets, open

sp?.ces, drainage, wlat er-supply a d steet-l i ght ing and
other awnities for scheme area.

(4) The Bomd m~.y lease out or sell, by outr igilt

sale or on hi*-pdrch.,se brsi:, the building sites in the
schenle 2.1^e2~.
General
improve-
men4
(a) that in m y arm, :,ny buildings used or scheme.
in1ended or likely i o be used as dwelling houses are
unfit for human habitation, or
(b) that danger to thc liealth of the inhabitants of
buildings in any area, or to buildings in the ileighboull,,od
of such area is likely to be caused by-

(i) the narrowness, closeness, or bad arrangement

or condition of streets or buildings or groups of buiIdings
in such area, or
(ii) the want of light, air, ventilation, or proper
conveniences in such area, or

(iii) any other sanitary defects in such area, tfie

Board may frame a General Improvement Scheme in
respect of such area.
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608 State Housing Board [I 961 : r.N. Act 17

Preparation, 49. (1) When any housing or improvement scheme has

publication i--n framed, the Board shall prepare a notice to that
and t=+n,s- effect and specify-
mission of
notice as to
housing or (a) the boundaries of the area comprised in the
im~rovernentscheme ; snJ.
schemes and
supply of
documents (L) the place or places at which particulars of
t o appli- the scheme, a mcp of the area, and details of the land
ca1.t S. which it is proposed to acquire and of the land in regard
to which it is proposed to recover a be: .e~mentfee, may
be seen at reasonable hours.
(2) The Board shall--
(a) cause the said notice to bi: published weekly
for three consecutive weeks in the *Fort St. George
Gazette, and in two leading daily newspapers in the
State, specifying the period up to which the objections
will be received ; and
(b) send a copy of the notice to the local authority
concerr ed.
(3) The Chairman shall cause copies of all documents
referred to in clause (b) of sub-section ( 1 ) to be delivered
to any applicant on payment of the Be fixed by the Board.

Tra n smis 50. The local authority to whom a copy of a notice

sion to the has been sent under clause (b) of sub-section (2) of section
Board of 49 shall, vithin a period of sixty days from the receipt
tion by the
representag of the said copy, forward to the Board any representation
concerned which the local authority may wish to make regarding
local autho- the scheme.
rity asto
Fousing or
lmprwe-
ment
scheme.
Notice regar- 51. (1) Within the three weeks following the day on
ding pro- which any notice is first published under section 49 in
p o s ~ to
l respect of any housing or impxovelnent scheme, the Board
recover shall serve a notice in such form as may be prescribed on
betterment
fee. every person whose name appear:, in the assessment list
of the local authority concerned ac, being primarily liable
to pay property tax on any building or lznd in regard to
which the Board proposes to recover betterment fee.
*Now the Tamil Nadu Government Gazette.
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_,,,_,-I---- - , 2
*.. - -

1961 : TONo
Act 171 State Housirzg Board 609
(2) A copy of the notice shall also be affixed in
every such premises.
(3) Every such notice shall be signed by the Chairman
or by a person duly autbon'zed by him in that behalf.
(4) Any person on whom a notice under sub-section
(1) has been served may, -within. thirty days from the
service of the notice, make a representation in writing
to the Board stating his objections to the scheme.
52. The executive officer of any locel authority sha11, Furni shin8
at the request of the Chairman, furnish him with a copy of copies or
of, or an extract from, the assessment list of the local extractsfrom
the assess-
ment book
of the I o c ~ l
authori 1 y.
53. (1) After considering the objections and represent- Abandon-
ations, if any, received in pursuance of sub-section (2) of ment, modi-
section 49, section 50 and sub-section (4) of section ,"_ fication c i
and after hearing the persons who, having I,.'.-4 any sancii~ilcfa
such objections or made any such representations, desire hsusing
improve-or
to be heard, the Board may either abandon or modify
or sanction the scheme, or apply to the Government for scheme.
,,,
sanction with such modifications, if any, as the Board
may consider necessary if the cost of the scheme exceeds
ten Iakhs of rupees.

(2) The Government may sanction with or without

modification, or may refuse to sanction or may return for
reconsideration any housing or improvement scheme,
costing over ten lakhs of rupees submitted to them uilder I

sub-section (1).

(3) If a scheme returned for reconsideration under

sub-section (2) is modified by the Board, it shall be re-
published in accordance with section 49-

(a) in every case in which the modification affects

the boundaries of the area comprised in the scheme, o r
involves the acquisition of any land not previously pro-
posed to be acquired ; and

(b) in every other case, where the modification

is, in the opinion of the Board, of suGcient importance
to require republication.
t , " .
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6 10 State Housing Board [I961 :T.N. Act 17

publication 54. (1) Whenever the Board or the Government
ofs3cction sanction a housing or inlploverreni ccheme, it s h ~ l lbe
of housing or
,
imorc,$emen - announced by notification :
szIlerne.
Prctvitled that whenever the Board sanctions a
scheme with modifications, if any, it shall cause notice
:o that effect to be published weekly for two consecutive
weeks in the * Fort St. George Gazette and in two leading
daily newspapers in the State.
(2) The publication of the notification c,r notic~
under sub-section (1) in respect of any scheme shall be
conclusive evidence that the scheme has been duly framed
and sanctioned.

(3) Any person aggrieved by the decision of the

Board sartdioning a housing or improvement scheme
mzy, within thirty days from the: date of last publication
in the * Fort St. George Gazette of the said schem~,appeal
2~ the Government and the decision of the Government
2n such appeal shall be final and shall not be liable to
questioned in any court of law.
(4) The scheme shall come into force and shall have
N.
&
' -0t-

(a) where no appeal is preferred under sub-

section (3), on and from the expiry of the thirty deys
referred to in that sub-section ; a.nd
(h) where such appeal is prefer~~cd, on rind from
the date of the decision of the Governrr,cl;t on such appecl.
The Board 55. As soon as may be after a housing or improvement
to execllte s ~ e m eother than a def~rred street scheme or expansion
housing Or
improvement scheme has come into force, the Board shall proceed to
schemes soon execute the same*
after s snction.
Alteration of 56. AIIY tim; afkr a hausin, br improvement scheme
a housing or bas been sanctioned by the Boa:rd or the Governme&*
improvement the case mLy be, and before it has been carried into
mherne execution, the Board may alter or cancel it :
sanction.

-.
%.

Provided that-

3
-
i
any alteration is likely to increase the istimated
@)if
net cost ~f executing a scheme by more than ten per cent
* Now the Tamtl Nadu Government Gazette.
--.lll..u
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196 l:T.N. Act 171 State Bousing h a r d 611

o f the total cost, or if any altered scheme is likely to cost

more than ten lalchs of rupees, the alteratior, shall not be
.made without the previous sanction of the Covernnient ;

(6) if any alteration involves the acquisition, other-

wise than by agreement, of any land not previously pro-
posed to be acquired in the original scheme, the procedlire
prescribed in the foregoing sections of this Chapter shall,
so far as it may be zpplicable, be followed as i.' the
., alteration were a separate scheme ;

(c) if, owing to any alteration, any land not previously

liable under the scheme to the payment of a betterment
fee, becomes liable to such payment, the procedure pres-
cribed in sections 49, 50 and 51 shall, so far as it msy be
applicable, be followed in regard to such land :.
Provided further that no scheme, costing G ~ e rten
lakhs of rupees, shall be cancelled under this section
without the previous sanction of the Governnient.

Explanation.--For the purposes of this section, the

word "alteration " shall be deemed to inclnde a cornbi-
nation of' two or more schemes framed or proposed to be
framed and the expression "altered scheme " shall be
deemed to include any scheme so combined.

57. (1) Whenever any building or land 01 any street Transfer to

or any part thereof, which is situated within the ju. isdiaion Board for
of a local authority and is vested in such local authoiity, purposes Of
is within the area of any housing or improvement scheme, improvement
scheme of
the Board shall give notice accord~nglyto that local bdlding or
authority and such building, hnd or street or any part land vesteii
thereof shall thereupon vest in the Board. in local
authority.
(2) Where any land ~ituatedwithin the jurisdiction
of a local authority vests in the Board under the provisions
of sub-section (1) and the Board makes a declaration that
such land will be retained by the Board only until it
revests in the local authority as part of a street or an open
space under section 61, no,compensation shall be payable
by the Board to the local authority in respect of that land.

f
(3) Where any land or buildin vest3 in the Board
under the provisions of sub-seetion (1 and no declaration
is made under sub-section,(2) in respect of the land, the
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612 State Hausing Board [I961:T.N. Act 17'

Board shall pay to the local authority as compensation,
a sum equal to the market value of such land or building
as on the date on which the scheme comes into force under
section 54 and where any building situated on the land in
respect of which a declaration has been made by the Board.
under sub-section (2) is vested in the Board under sub-
section (11, like com~nsatioxishall be payable in respect
of such building by the Board.

(4) If, in any case, where the Board has made a.

declaration in respect of any land under sub-section (2),
the Board retains or disposes of the land contrary to the
terms of the declaration, so that the land does not revest
in the local authority, the Board shall pay to the local
authority compensation in respect of such land in accor-
dance with the provisions of sub-section (3).
(5) If aiEy question or dispute arises as to whether
compensation is payable under sub-section (3) or sub-
section (4), or, as to the amount of such compellsation or
as to whether any building, land or street, or any part
thereof, is required for the purposes of the scheme, the
matter shall be referred to the Government whose decision
shall be final.

Transfer of 58. (1) Whenever any private street or'square or part

private street thereof which is not vested in the Board or in any local
Or Squareto acthority is required for executing any housing or improve-
for ment scheme, the Board shall cause to 5e affixed in a
purpose of
housing or conspicuous place r a or I 1 - v sl!ph street or square or part,
improvement a notice signed by the Cllairman and-
scheme.
fa) stating the purpose for which the street or
square or part thereof is required, and

(b) declaring that the Board wjll, on or after a

date to be specified in thc notice, take over charge of such
street or square, or part from the owner thereof, 'and 'sha11
similltaceously send a copy of such notice to the owner of
such street or square or part.
(2) After considering the objections (if any), received
in writing before the date specified under clause (b) of
sub-section (I), the Board may take over charge of such
street or squlre or part, and the m e shall' thereupon
. ' i s
vest in the Board. ..I
, i i
I L #
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1961: T.N. Act 171 State Housing Board 613

(3) When the Board &rs or closes any private

street or square or part thereof which has vested in it
under sub-section (2), it shall pay reasonable compensation
do the previous owner for the loss of his rights therein.
(4) If the alteration or closing of any such street or
agwe or pad causes damage or substantial inconvenience
to owners of property adjacent thereto, or to residents
in the neighbourhood, the Board shall forthwith provide
some other reasonable means of access for the use of
perwas who were entitled to use such street or square or
part as a means of access to any property. or place and I
the provision of such means of access does not suflicientIy
.compensate any such owner or resident for such damam
or inconvenience, the Board s h a also pay him reasonable
compensation.
59. (1) Such of the provisions of the *Madras City Bar toappli-
Municipal Act, 19S9 '[Tamil Nadu] Act N of 1919), cation of *
the 'pamil Nadu] bistrict Municipalities Act, 192OertainI0ss
of a local
<1 Famil Nadu] Act V of 1920), the lDamil Nadu] District authority
of 1920), the regarding
G
Boards Act, 1920 m m i l Nadu] Act
apamil Nadu] Vi age Panchayats Act, 1950 (1 Famil closure.
Nadu] Act X of 1950) acd rhe llTcxi! ??adu] Panchayats
Act, 1958 (l[Tamil Nadu] Act XXXV of 1958), as relate
$0 maintenance or repairs of public streets, closure of
public street or parts thereof, diverting or turning public
street or parts thereof and to disposal of the land
which is no longer required when any public street is
permanently closed, shall not apply to any street which is
-vested in the Board.
(2) Such of the provisions of the enactments specified
in sub-section (1) as relate to temporary closure of streets,
precautions during repairs of streets and prosecution against
~ ~ m o vof
a t bars and lights s h d not apply to the Board
when any drain or premises vested in the local authority
is opened or broken up by the Board or any public street
i s under construction by the Board.
60. Whenever the Board auows any street vested in Repaim a
i t to be used for public traffic, it shall keep the street in streets v5sted
good repair and do all things necessary for the safety and in *bBmd.
lconvenience of persons using it. < rr %

1 These d a -re substituted for ?Arord M.rdrar * by t b

'Tam il NaU!lAdapt ation of Laws Order, I%!). aa amended by I he
Tam it N .du Ad6ptation of Laws (Second Amendment) Otder 1969.
* Now rk Madrae City Municipal Corporation &t, 1919.
125-64
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614 State Housing Board [1961: T.F. Act 17

I fransfering 61. (1) The hoard may hand over any road or street
' stlk'l~1. id to Lhz local buthority concerned after giving .a, month's
Out Or notice, when- ,I3 n a &

and open
spaces
provided by (a) any such .road or street laid out or altered by
the Board the Board has been-;duly levelled, metalled, flagged, chan-
under a nelled, sewered and drained in the rnanne'r nrovicled
housing or an in the scheme sanctioned by the Board or the ~overninem
lmproveme n t under section 53 '; .
scheme.
(b) lamp posts ilecessary for the lighting of such
'

streets have been provided by the Board ; and

(c) water and, other sanitary conveniences 11~111:

been duly provided Sn such strects. ..

(2) The local authority concerned may, czfter receiving
the noticc from 'the'Board under sub-sectioi~(I), declare
the street to be a ~ u b l i cstreet ; and the street shall there-
upoil vest in the local authority ; and shall thenceforth
be maintained, kept in repair, lighted and cleansed by the
local authority. ,

(3) When any ogen space for the purposes of vintila-

tion or recreation hds ,been provided by the Board in
executing any .hou81fg or improvement scheme, it shall,
. on completion, be tiansferred to the local authority con-
cerned by a resolution of the Board and it shall thereupon ,
vest in the local authority concerned and thereafter be
maintained by that local authority at its expense :
Prbvided that the local authority may require the
Board before' any: such ppen space is so transfqwd tq ' -,

enclose, level, turf, drain and layout such s p a ape~ prpvide

foot-path therein, and, if necessary to prqvide lamps and.
other apl jaratus .f~r~l,lightirig
. , a;
It.
- ' '9:
: . , f;fJtEz ,, f
I I

j i 'f.34,.-4. *

- .(4) If any. diflkr'encte - of opinion ari&es.%ky&+h~4he

Board and! tW l ~ l ~ a u $ h o b in i t $redpect".
~ ofi:dy3&tter:
referred'to insthe fdkegbihg .povi slbns of &isris'; swetion,
the matte1 shall be. refer rid-i o the ~ovekrr'ident
-. ,
whose ,.
decision shall be final. : 6

Prevention
or restrktion 62. (1) M e n : any~dworkwhich may lawfu!ly:#bk+'&one,
of tbaffic.in7 is being executed-4$ - A the' Borirdi :i&
, any 4tktsl vested
stmer~irest~ in it, theABoard may & ~ c tthat &ah.st&et shall;@@rio.:the-
in ths Boards progress of such work, b6.either wholly of!pdftiaQ:~o ~ d -
during
f
to traffi~generally ~Cto tra$c;d qy~specifie&&~@~itpjon,
T
wf'r Of '/ i
, I i:

. .-
, (..,",)
il
i "r
*
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. - ,,-...
. . -
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, 7 PtF.
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 LatestLaws.com
-- -- LatestLaws.com
-b * -L-__ . --
1961 : T.N.
. Act 171 v. i n gBoard
State ~ o u- sy*,
.- c ! A
y: J q,*-

(2) When any such direction @as been given, the

Board shall set,up in a conspicuous positjon in or near the
street an order prohibitingg'traffictb,the ,extent so directed, I

and fix such bars, chai@sor posts *'acrcks,.,orin the street

as it may think proper f6r pi-evengng oi rkstricting traffic
therein. .. 1. :'3
,

63. (1) When any work is bein executed by the Board fProFsion of
in ahy. public street.vestbd .in it,. 8b;iikd aallties when
--.. ' shall, so far work:b
as may reasonably & p~acticable'inake4ddquate provision executed by
tk'
I+<, , ,

for- ' C
-' ,. i"', t he Board in
public streets
(a) the passage or diversion of traffic ; vested in it.

(b) securing access to all prprnises approached 1. . j

from such street ; and

(c) any drainag:, water-supply, or means of lighting
which is. interrupted by reason of'the execution of the
work.
(2) The Board shall pay reasonable compensation
to any person who sustains ~pecial'damageby reason of - j

the execution. .of

,
any ,such $ark. " "'K"

64. (1) The Board may ---

, . ..
-,"
.:. is .: !
.,,. -& .,;,
P w e r of t b ,
eJ,,* 2 '

(a)' tqry, dive@, dj~w,ntiwe.

oi peimanently.
pact thereof ; or. ., ..-
h e public use 01, Board
.. close any: public street ,ve_xed in it or aag
. . .-
z

- -.~i;' street or
tur
$?a L';
,
' " '+ . @); i/js&nt@.p&:.t$ea& bplllic, use gf, ,gr peqmaneqtly square vcstda
%a

close a& &hbk bquare vested in it or any part thereof. in it*

" + # i- 9 , <- 3 s
- . .*, <
(2) wheneig .Be ~ o a r dir~~ntinues
d the 'public use
of or permanently closes any public street yest& in it or %

any part thereof, it shall pay reasonable cornpensation

to every peppgn who M&S.antitled,.~therwiqg than as' a
membcr ofthe p & f i c F i i ~w e s@&,ftr&$ or paj*tas means
of t i g ~ ~ qpdil?%s
s~. sutfereda f s y h d i u o ~ t .i
nuance or closing.
r cthd Board di'd&d&ti.iiijeshct'bublic
(3) ~ hibever
- - --
$ ,

of. .pemketifly c~~i~s',%t~:'~dhGYfs~uitre vkstcq :'in- if.' I,z-

,, i
oi ;any part t hkrebr, it? s ~ $ I l ~ ' p a y " ~ $ ~ s conhpkins6
6~abl~ .*.. .;J
, tion lo every p-rson who was idf Hli dicitheaiie. -t&n as
amember of the piblic, :o use such s w c or part 2s
a n)tjsns ofL access. - 1. . 1l i

. .
L I * r

.
$>->

, .
I . ,

'125-WOA . .. . i I T I
. d d i
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616 Stare 1poukk~ ~ a r a [l%l:

T.N. Act 17
1-
' (4) When any public street or square vested in the
Board, or any part thtrwf, is permanently closed under
sub-section (I), the Bpard may sell or Lase so much of
the same as is no longs required.
~oarerof tbe 65. Notwithstanding anything contained in
Board to section 63. the Board may retain any lane (not
retain lanes
lor -ant for meant for vehicular traffia) and may enter into an agm-
vehicdar ment with the local authority cono med or any othu
tra*. person for thc.supervision, mpair, lighting and general
management of any b e SO retained.

a b r duties 66. It shag also be the duty 0: the Board to @e

b Board. measures wth a view-
of t
(I) to plan and co-ordinate all L.ousing activities in
the State, and to ensure expeditious and efficient implw
mentation of housing or improvement schemes in the
State;
(2) to provide technical advice and scmtinise all pro-
f&s under housing or improvement schemes sponsorrd
or assisted by the Central or State Government;

(3) to maintain, allot, lease and otherwise use plots.

buildings, and other operties of the Board or the
I Government, and to collect rents from the properties
under the control and management of the Board, and
repay loans to the State and Central G o v m e a t s ;
(4) to set up a research section for the purpom of
expediting the construction of, ad cheapening tbe mst
.of buildings; and
(5) to organize and run workshops and stores
fos manufacture, sale. stockpibg and supply of build*
-rials, required for housing or improvement schemes.

supervision
67. The Board may inclade in the cost of any housing
a od centage or improvement scheme framed by it or any other work
charges. d mken by it, supervision and centage chargts at such
rates as may be ihtd by it :

mvided tbat the rate 80 fixad sball not be m o r e t b

t m h and a half per oentofthe c a t ofthe scheme or wmb
 LatestLaws.com

1961: T.N. Act 17) State Housing Board 617

68. (1) Notwithstandiog anything contained in the fore- Power of

going provisions of this Chapter, the Government may, at Government
to caU
any time in the case of any h o u d g or improvement scheme, tb, for
record,
which,i proposed to be fra~& or which has been framed of Board
by tlie Board or which is being executed by if,call for and and to rnodi-'
examine the records of the Board relating to such schemefY, annui, w,
and if, after making the examination and after consi- ?f housi g *
lmproqement
dering the representations, if any?of the Board and the sohemes
local authority concerned, it appears to the Government
that such scheme should be modified, annulled or
remitted for reconsideration to the Board or that such
schemeshouldbeexecuted with modifications, they may
pass orders accordingly .
(2) The Government may stay the execution of any
such scheme pendirtg the exercise of their powers under
sub-section (1) in respect thereof.

(3) Any housing or improvement scheme which has

already come into force but has been modified by the
Government uader sub-section (1) shall have effect as if
it had been duly saactioned by the Board under section
53. The scheme as modified shall be published in accor-
dance with the provisions of section 54 and on such p:ibli-
cation the scheme so modified shall come into fmce a,nd
shall have effect.
69. The Government may, by notification, exempt, powerto
subject to such conditions and restrictions as may be exempt.
specified in such notification, any hcusing or improve-
ment scheme, or cla ss of housing or improvement scheme
fro$. all or any of the provisio,ns8'6fthis Chapter.
'*&* y '
;a

t $$n;
1 [ 6 9 k ~ owithstand
t ing anything.contained in sections 35scope of
to 693he Board or any other aath'ority referred to inNthie Honsiw or
Act - 'shall bave no power ,funktian or responsibility for bPr*-ment
making provision in any housing or improvement scheme, Schemes.
executing or carrying out any .* wor k thereunder, in
respect of water suwly or sewex9ge service! or anything
connected therewith in the M a h i s Metropolita ~l Area
within the meaning of the Madras Metropolitan Water
Supply and Sewerage Act, 1978;and if any such scheme is
- -
1 This section was inserted by clause (1) of part IV cf the
Schedule to, the Madras Metropolitan Water S:~pply and BS-
erage Act, 1978 (Tamil Nadu Act 28 of 1978).
1
PGwer t o
under the
! #

lsition Act.

Power to
618

agreement* ~ n d e rsection 70 : ' . '

3ower to
dis~oseof
land.
' '
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State Housing Bdard

accordance with sectionL27of the aforesaid Adt]:

ACQUISITION

.. -
CHAPTER VIII.

AND DISPOSAI, OF LAND.

70. Any land or an') interest therein required ' by the

" .$7,5.1";2- .
L: /. 3
I
+-
in process of being executed in relation to tliat area on
the date G t i e coming into force of this section, the
Board shall coutinue and complete slich exec~ioriin

for any of the purppses of this Act ma y $be a cqiiired

acquire land ~ & r d
under the provisionsof the Land Acquisition Act, 894
Land Acqu- (Central Act I of 1894).
I:'

171. he BC
..

purchase or for the acquisition

lease by of any land or
* I
I I
- f. - it t .
fp

Provided that if the value of such, land dr 'intepest

exceeds fifty thousand rupees, the Board shall not enter
into such agreement withow the previous approval of.the
government.

change or otherwise dispose of any land vested in or

acquii ed by it under this Act. *
*.,L

72. (1) The Board, miy retain or may lease, sell, ex-

(2) Whenever the Board decides to lease or sell any

land acquired by it under this Act from any persen, it-
#.

(a) shall give notice by advertisement in one of the

leading local newspapers in the State, and

(b) shal! offer to the said person, or his heirs,

exec~:tors or administrators, a piior r?ght.LOtake on lease
cr to purchase such land for an amount or at a rate to
be f i x d bj the Board, if the Board considers that sv.ch
an offer can be made withmt detriment to the carrying
out of the purposes of this Act.
,I,

9 ,
[ 1961 : -TN.A C 17

I...
-.

'
~

I $

:n 9 ~

.
%
.

a
..
 LatestLaws.com
:yY-..-'* . - - ... - - .--- c - . -- % . -

.'"s
a- -A
-i

8 2. !

State.Hog~iq~
. : r . .@fit
B ard
G P
, 419 I
.. ,_

. ( I * 2ilt3i; .*
I '

ase two or more*pr~pns, claim to have . .

referred , to in cla~sq(b):,of. jub-section
shall bc given tg I he-permn n b 3 agees
it amocnt or rate fay the Cnd, 13st b~iilg
t:nt 'cr rate fixed by the Bo.ard nnder riist

-
CH~APTERIX;
AND RECOVERY
LEVY;ASSESSMENT I
.OF. BETTERMENT FEE.
i

of bu.ildings,
@.ticn of the
e shall be .one-third of such increase in value.
,
I : 9
i - <: I&$>
B-
p#
$ - q : , : . , . t

(3y~h% 35:
h6ard h a9: blfh if6q ,prwbs apprq I& of t%e
;g= ->,

r. Government, declare thetsii ch betterxixtlt' fee shii~l'a~io be

i payable in respg&qf any land not co is& in the scheme
but' if 'Adjd$e~itib the area ~ o m ~ r i s e e i scheme
h ~ e if such
li.$nd %ill,$i: inci;eased in value cqnpqqent on the cxe-
m t i o d bf" a hbui"ing or improvemtht scheme.in the area -A

.comprised in the scheme : . ,

~rauidedthat the Boarc/ shall: before dcclzring that any

betterment fee shall be payable under this su b-sectic n,
serve a notice in such form as may be prescribsd, on every
person whose name sppears in the assessrncnt list of r h ~
loca 1 authority concerned as being pri'marily lipableto pay
propsrty tax on any bcilding or land ;nregard to which
the Boa-d proposes to declare thzt s ~ c hbcttei ment fee
.shallbe payableand thereuponthe proGisjons of sub-secti~ns
(2), (3) and (4) of section 51 shall apply to evzr)? notice
served tzndes t'is proviso,
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620 State Horrsing Board [I961 :T.N. Act 17 I

A~essment 74. (1) When it appears to the Bosrd that a honsising
of bett- or improvement scheme is sdciently advanced to
ment
fee by the enable the amount of the betterment fee to be
Board and determined, the Board shall by a resolution passed in this
notice to behalf d e c k e that for the purpose of determining such fw
persons the execution of the scheme shall be deemed to have been
liable completed aud shall thereupon give notice in writing to
to such fee.
every person on whom a notice in respect of land to be.
assessed has been served under clause (a) of sub-section (1)
of section 51, or to tlie successor in interest of such$
Nrson, as the case may be, that the Board proposes to assess
the amount of the betterment fee payable in respect of such
land under section 73.
(2)The Bo;rrd shall then assess the amount of bettes-
ment fee payable by each person concerned, after giving
such person an opportunity to be heard and such p&son
shall, wit& one month from the date of receipt of notice:
in writing of such assessment from the Board inform the*
Board in writing whether or not he accepts the assessment,
(3) When the assessment proposed by the Board is.
accepted by the person concerned within the period specified
in sub-section (2), such assessment shall be final.
(4) If the person concerned does not accept the assesr-
ment made by the Board or fails to inform the Board as
required under sub-section (2) within the period specified
therein, 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 betterment fee payable by the person.

Board to give 75. When the amount of all betterment fees payable
notiw to iu respect of land in the area comprised in the scheme and1
parsons liable in respect of land not comprised in the scheme area but
to ~a~rment is adjacent to the area comprised in the scheme referred to
Of betterment in sub-section (3) of section 73 has been determined under
fee. section 74, the Board shall, by a notice in writing to be
served on all persons liable to such payment, fix a date by
which such paymebts shall be made, and interest at the
rate of four and a half per cent per annum upon any
amount outstanding shall be payable from that date: .

Provided that any k r b n liable as aforesaidhay make

paymeof if he so &oms, in such number of annual
i l a a h m x b w t ~ t e n a r * ~

..
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- * %

State ~ d k d i iBi O ~ 621

(4) At any time afler an agreement has been executed

tn pursuance of sub-section (1) any person may pay off tbe
charge created thereby, dith the irterest due up to the
date of such payment.

have an interett in the land.

7 7. All moneys payable in respect of *anyland by 3 .rv RecWc1y

roneys
of
erzm in respect of a betterment fee under section 73 or payable in
ection 75 or by any person under an agreement executed in pursuance of
pursuance of sub-sectio~(1) of section 76 shall, togetner sections 73,
with interest due up to the date of realization, be re~verable75 and 76.
by the Board from the said person or his successor in interest
in such land, a s an arrear of land revenue.
 LatestLaws.com
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? %<$ y-4 - t ,; :*; , ,: !.

622 State Housing Board [1961: T.N. Act 17
?.g*;r: ; 4 ,,,: ' 3 )- 5 -x ' (' :.
? '
+

Agreement 78. If dny land-incrdspect of which the pay%nt of ' o 1

Or payment betterment fee ha$;&dii accepted in ptirsuinck of sub;-

ment
Of better- t '
fee not section (;) of section'PPbr in isslject oPvdiikh a+igr~e~neu
'
to bar acqui- regardin:: the bettetm6ot. feevhas bein executed hndef.
sition under section 76,be subsequ"e8titlyrequiredifor'any of the pur"p&es
fresh decla- of this Act, tlie pgyinebt or agreement shallinot'8e deemed
~
ration. to prevent the acquisition of the land rinder*$he Land
Acquisition Act, 1894 (Central Act I of 1894).
+ f - : , - / < A #
.'.9 '
Apportion- 117%~. ,' wherd 'iny
r lkfterkznt,
*rr t $e is levied ., ..I recovered
dr
merit of under the provis~oiopsof this .Chaptier in req.R~;)tof any
fee in certain land in the' Madt " Mqtropolitaq,Area withiut-b4ewaning
betterment.
cases. of the Madrgs $iJop~tqn -W*, :Supply, Sewerage ,t1<4 ,
Act,, 1978, and ,i#&~y!ich' fee qr any part. t@.reof,is*in
relation to grovisjp~,for or impro$emegfuof water t$Ppiy
or sewerage servi&s or matters connec@ci therkwith: the
Board she.11 payay'ovpr to .the Madras Metropolitan Water
Supply and Sewerage'Board constituted under the aforesaid
Act ,such fee or part thereof:
I

Provide4 t h ~ift there is any doubt or dispute about t h p

amount to be so paid over, the matter shall be referred to
the Governmen: whose decision thereon shall be find.]

COIJSTITUTION OF TRIBUNAL
AND TrS FUNCTIONS.

Constitu!ion 79. (1) Notwithstanding anything contained in the

ofaTribuna1 Land P.cquisition Act, 1894 (Central Act I of 1894), the
for certain Government may constitute a Tribunal for the purpose
purposes* of performing the functions of the court with reference
to the acquisi-ion of land for the Board under the said Act,
for deciding disputes relating to levy or assessment of
betterment fee and for Geciding such other matters as may
be prescribed.

(2) The Tribunal shall consist of one person only

who shal: be a judicial officer not below the rank of
Subordimte Judge.
- - - -
I This sec:ion was inserfed by clause(2) of part IV of fit:
Sch-dule $0 the Mzdras Metropoli'an Waier Supply and *

Sewzrag!: Act, 1978 (Tamil Nadu Act 28 cf t 978).

 LatestLaws.com
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.
&W5,
y".. - - 2 - ' .
-. 1
i

:'t # . - - ' . q

1961: TIN. Act 173

t.
- \ .
State Housing Board
k .~k . l s ; . , f ' . a

623
- - .

4
i
j*
9
-oftfie officers and
X 1

such as may be prescribed.

\

I
I
1 .' . ,

(2) Any person who does not agree to the amount of

the ccon~pensationawarcled by the Tribunal for the land
acquired for the Board under the Land Acquisition Act,
1894 (Central Act I of 1894), or to t l ~ epersons to whoin it
payable or to the apportionment of the cornpensetion
ong those persons may, within sixty days from the date
th, award of the Tribunal, prefer an ~ppealto the

rt may entertain the appeal

eriod of sixty days, if it is
a s prevented by sufficient

d any decidon o f the

ndcr this Act shall
 LatestLaws.com

State Housing Board [1%1: T.N. Act 1 7

Awards and 1 83. Every award of the Tribunal and every order made
~ * s of by the Tribunal for the payment of money for the delivery
to of possession or removal of any structure shall be enforced
be executed
civil in the Presidency Town, by the Madras City Civil Court,
courts. and elsewhere by the Subordinate 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.

CHAPTER XI.
POWER TO EVICT PERSONS FROM BOARDPREMISES
Power t 0
d c t certain 84. (1) If the competent authority is satisfied-
persons from
Board (a) that the person authorised to occupy any Board
premises.
premises has-
(i) not paid rent lawfully due from him in respect of
uuch pxemises for a period of more than two montbs ;or .
(ii) sub-let, without the permission of the Board, the
whole or any part of such premises ; or
(iii) otherwise acted in contravention of any of the
terms, express or implied, under which he is authorised
to occupy such premises ;or
(b) that any person is in unauthorized occupation
of any Board premiscs,
the compdent - authority may, notwithstanding anything
contained in ar y law for the time being in force, by
notice served (i) by registered post, or (ii) by affixing
a copy of it on the out?r door or some other conspi-
cuous part of such premises, or (iii) in such other
manner as may be prescribed, order that the person
authorised to oc~upyas well as any other person who
may be in occupation of the whole or my part of the
premises shall vacate them within one month cf the
date of the service of the notice.
(2) Before an order under sub-section (I) is made
against any peeon, the competent au~horit y shall inform
the person, by not ice in wriring and served in the
 LatestLaws.com
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.. .. --

in plrson or by pleader.

such force as may be necessary.

by him to the

ice was served on him.

!Explanation.-For the pu@Gser of this section
M ct ion 85, the expression 6cunauthorkd occupa-
" in . relatic.n to any pl r son an1horiscd to occupy
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,626 State Housing Board [1961:T.N. Act 17"

,,*.i?q.*!t* , ,\ ' ' , ' .
I .
Powe1 to
recover rent "85. (1) Subject to any rules made by the Government in
or damage this behalf anj&Gwi&ou$' 2 prejudice -:tb rthe ~ p l is q~
as arrears of of sebtio<, 84,,,~y&rc apy p rson is hparrtgirgrs of
land revenue paya6k ;jn rl . c t ~of, b y Board prt rrgpi st . s , ~t hr: co
"$"
Pete n t author1 9,.&ay by notice servcdf(i)byxcgistr re
post or T(ii):by' affixing i.a copy of it on the outer
door or sowe other ~@rt~]>icuous part- of"'such pr:-
miscs, or (iii) in such ol!hc-r manner as may oe
prescribcd, ~ r d e rthat pirson to pay the sarnc within
such Time not being less than Itn days as may be
sp,cifi d in the poticc.. If such pt:rson: rc f u s ~or
frzils to pay the arrears of r ~ n within
t the time- spe-
cifil;d in the noticc;, siach ::rrcars may be sfcovered
as arrears of land set-tnui-.
(2) Whgre any person is in unauthorizt d occu-
palion of any Board premises, the competent rutl~ority
mky, in the prcscribzd 1n7nnt r, asstss such damages
on acccount of ths usc and occupation of the pre-
mises as &;say d a m , fi4 and may by notice sf rved
in the manner provided for a-rvicc of W i c e under
sub-sc ction (I), c.rdc-r t ha'. p.rscln to pay the damages
within such time as may bc spt cifit ,d in thc ndice. '

If ar.y pirson refus<s or fr.ils to pay the damagi s

wi'hii~ihe time spt cified in the ncticc , the damages
may be recovered from him as arrears of land rever-uc.
(3) Nq crdel: shall be made under sqb-section
(2) u-i~tilqfter the issue of a notice in writing to t h ~
.
p~rson calling on, him to showcaus~,within such
period as may be specified in such 'noticc, w.ly suc.1
order sl~ouldnot be made, and until his objections, if
aQy, and any evidence hc may produce in support
~f thc same have becn considered by the compttqnt
authc~rity. .. ':

Appeal. 86. (1) ~ n yp-rson aggrieved ' by an order

of the competent authority under section -84' or 85
may, within one month f r ~ mth2 date of service of
the notice of such ordcr, prefei an l o the
Government,.I :. %

provided that the Government may entertaiq thc

a p p a l after the ' expiry of the sa;,dper i od of 'one m'dnt'h
if they ark*satisfiedthat {be iippell?$t' wasrpreiented -?

by sufficft5nt
*-
, ,
cause f ram
4
#ling' the:~a' pC v
\"t<.i,+
S 'in tibe.
I .*
 LatestLaws.com
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*
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', $, :.-es ., :,
- - ""-2-,..- .- - - - ----- - .. - ' .&- -- a 3
1961 : T.N. Act 171 State Housing Board - 627
' - . , ' - ., ,., . .
: (2) 0; receipt of an
f . I > .y./

appeal under sub-section (I),

the Government may,'8f2er'calling for a rep .rt from
the comp:tent authority and after making such further
inquiry, if any, as may be necessary, pass such orders
. .
as they think fit ar,d the order of the Government
shall be final. i .. , . ,

i
. ,
,. - 1

(3) On such appeal ,be:ng ihe Govern-

ment may.lstrmy the esecution of tile order of the cpm-
petcnt au. hbrity fgr such period and on such c;.nd;licns
as they think fit.
, .

87. (1) subject to 'he prov!sions o i section 54, zny

puson who is an employee of the Government or a *.-overed
1oca.l authority and wh) has been allotted Bny Board froin tions ded-
from
premises may execute an agreement :n fav;>ur of 111e SalPry or
Board prbvid~ngthat the Goveinment or the local wdges in
authority, a s the case may be, under or by whom he pertain cases.
is empIuyed shall be camp-tent' to 'deduct frdm the
salary or wages payablp to him such amount as may
be sp;c;ficd in the agreement and to -pay the a m c u ~ ~ t
so deductea t o the Board !n satiisfactl~cf the rent
due by h m in respect of the Board premises sllolied

(2) On the execut ;on of such agreement, the Govern-

ment or local authority, as the case may be, shall, if
so required bY the B ard by rrquis!t m in wri.ing,
make the deduct :on of the specifi6xl ln ths
requis:tfon frcm the salary or wag-s of the emp1 y:e
specifi:d in the requisition in - accordance w th the --
agrec;ment and pay the amount SO.deducted to ths Board.

88. NO crder made bY tho Goverqent or the camp-- Bar of

tent authori<y n the ext icise .if pon'er conE,.rred jorisdiction '

by or un&,r -his Chapter shall be called in cluestion ~f courts.

in court and no injun.clion shall bq granted by any
-
coutt or ~ ~ t h eauthor
r y in respect of Bny action eken
or to be taken in pursuance of a n y power confccnd 1
?i a
"
, -
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I
, 8

. . ., .. . ,
 LatestLaws.com
LatestLaws.com

Statd Housing Board [I961 t1T.N. Act 17

I
CHAPTER XZI,

Euard's- 89. (1) The Board shall have its own fund.
fund.
(2) The Board may aocept grants, subventions, don-
ations and gifts from the Central or State Government *

or a local authority, or any individual or body, whether

incorporated or not, for all or any of the purp~sesof
this Act.
(3) All moneys received by or on behalf of the
Board by virtue of this Act, all proscds of land or
any olher kind of property sold by the Board, all
rents and all interest, profis, and other m meys aoauring
to the Board shall constitute the fund of the Board.
(4) Subject to the provisions of sub-section (9, all
- moneys and receipts specified in the foregoing provisons
and forming pan of the fund of the Board shall be depo-
sited into the public acc unts of the Government under
. sueh detailed head of account as may be prescribed and
the said account shall be operated upon by such officers
of the Board as may bc authorized by the Board and
. in such manner as may be prcscr ibed:

Provided that the Board may invest any s b m not

, required for immediate use in such secur ifies or deben-
. tures as may be-approved by the Government.

(5) Notwithst anding anytning contained in sub-

, section (41, the Board may depasit in the Reserve BaL.
of India or in any scheduled. bank any amount not
, exceeding such sum as may ba prescribed for the oper-
. ation of an account with such, bank and such account
shall be opzrated upm by such officers of the Board
as may be auth;ri;zc! by the Board and in such
: manner 2 s may be prescribed.
B.zp/a~tion.-For the purposes of this section, the
Reserve Bank of India shall mean the Reserve Bank of
India constituted under the Rese~re Bank of India
Act, 1934 (Central Act II of 1934) aqd a scheduled bank
h l l mean a bank included in the Secand Sohedule to
'
'r
thesaid Act.
 LatestLaws.com
LatestLaws.com

\ . ""
v
.
>

Power of
the provjsions of this kct,the Board Board to
"91..(1) Subjkct to
may, from timeto time, with the ~ J ~ ~ ' "+.C- ; approval
t-- US borrowand
of the Government, borrow money ' fequrred for the lond.
purposes of this A d from the public 6 from any cor-
poration owned or controlled by the Gniral or Siaie
Government.

(2) ~ i e k e v e rthe borrowing of any s u m of aoney

has &en approved by the Government, the Board may,
instead of borrowing such sum or any part thereof from
the publia take credit from any bank or any corbora-
tion owned .or controlled by the Central or 'State
Gov-mnrnent on a cash accocnt to be kept in the name
of the Board to the extent of such sum or part therb
*f, and may, with the previous sanction of the Govern-
ment grant mortgages of all or any of the properties
vested in tli? Board by wzy of security for such credit.

. d .

(3) Subject to such conditions and limi~iirionsas

may be prescribed and with the previous approval of
the Government, the Board may, for the promotion
and execution of any hcusing or improvement scheme
under this Act,, 'enter into finfinancial arrangements with
any bank or.bther financial institutions approved by
the Goqeruxbent %orwith the Life Insurance Corpora-
tion of India established under section,3 of the Life
Insurance Corporation Act, 1956 (Central Act 31 of
1956).

' (4) Subject to the prdvis'ons of this Act, and to

suc]l conditions and limitations as may be prescribed,
the Board-may out ~f its gant loans o.nd ad-
v m tin suob terms and conditi.ops:-asit may c eter-
mine, to any co-operative society registered or deemed
 LatestLaws.com

Stute Housing Board

to be registered under the law relating to co-opBsrative

s ciet ies f r thc; time bzing n force u the l[State of
T ~ m i lNadu] or to any otner p:rs ln for tnz construc-
tion of hc.u;.*=_;.

Guarantee by 92. The G vernment m; y gu .rantee in sucll mznner

I Govmmcnt as t l ~ ~ y fi , the paym:nl of the principal and
1hir.k
of loans. in ert st of aliy [was p -up,;zd t~ bl: r ais d by the
B ;rd on debcn2uresor of &her the principd or .the
inrerest :

Provi d c that the Government sha 11, SO lorg as aay such

guarailtte are i folcc. lay b c f ~ l eboth Houses of the
Legi.lature in every yeat durir~gthe budget session, a
staremefit of the guarantee .,if ar~y,given during tbc current
year and an up-to-date account of the tot2 l sums, if any,
which have been paid out of the Cons lidakd
P ~ 7 dof the Sxate by reason c f any such gu rrantee; or
paid Into the said Fund towards repayment of an;.
money so paid out.

Form, signa- 93. (1) Whenever money is borrowed l . ~the Board

hue, oxchan- o debtnturr , the debenture s h ~ l lbe in such form as
ge, trt.nsfe h Board may with the previous sanctio of the
and effect of Governmen! specify.
kbentures.
(2) All d&ntnres shall bc signed by the Chairman
and by the Secr~tarvor by any one of the ex-
oficio members of the Board.

(3) The holder of any debenture in any form specified

under sub-section (I) may obtain in exchange therefor a
debenture in any 01 he: form speciiied i.1 the manner
,,

provided in sub-miion (1) and u,pon such-t e r m as t b

Board may determine., i L.

(4) Every debenture issued by the Board shsl1'"be

transferable by endarsement, unless some other mode of
tra~sferis specified thgrei l.
--
. <

- :.:
- .;. .;cJ;@ ;**--
-
<
h , 6 a $ . ,.
1 m
.- e
%as , ~ub$titllted for th9 exPi-BsSjon ''State of
Y.,U;VIl
.#
.l,.
Oh,.,l

' ~ ~ d by
~ the
a ~~amil%Ia&u
" Adaptation of.Laws X)rder:'l969, as
&manded*bythe Tamil Nadu*Adaptation of Laws (I& Amnd-
merit) 'kder, 1969:;.!3% -: .I . :g .. ,.
9 .-
tbi -' ,LG* t
 LatestLaws.com
LatestLaws.com

(5) All coupons attached to debentures issued under

this Act shall bear the signature of the Cha irma r ;and such
signature may be engraved, lithographed, --orimpressed by
any mechanica 1 process.

91. When any debenture or security issued or grarited Payments to

under this Act is payable to two or more person$ jointly, survivors of
and either or any of them dies, then notwithstadding joint payoes.
anything contained in section 45 of the-Indian Contract
Act, 7 372 (Central Act IX of 1872) -the debenture or
security shall be payable to the survivor or survivors oi
such persons :

Provided t h ~ tnothing in this section shall a.ffe~t

any
claim by the representative of the deceased person agaiast
. such su~vivor or ~~~~~~~~~S.

Receipt by
95. Where two or more persons are joint holders of any joint holder
debenture or security issued or granted under this Act, for intaest
any payment made to the first mentioned person there- or devidsnd.
in cIf ;. y dividend or interest payable in re:pect cP such
debenture or security shall be a full discharge of the
liability of the Board in respect c f such divide d or
interest. I #

96. All payments due from the Board for interea on, Priority of
or :h: r.;ip~ymcnir.f loans, shall be made . in priority to interest
payments for
and
aU other paymerits due from the Board. rewymmt
8
. of loans.
9 Every loan take^ by .he Board shall be r e ~ a i dby the Repayment
Board within the period agreed upon by the , Board and of loans, fakenx-.
subject to the provisions of su b-section .(2) of section 114 seaion 91.;,
by such of the following r~ethodsas may be approved 11
by the Government, nanlely :-
< .

(a) from a sinking fund established under section

!

,98 in respect of thc lcan ; or

 LatestLaws.com
e
4

+'
' $'; &l'?
-$i
"
- '.
r"
632 :i'iate Hous&g'Board
t + .'
[I961 ct 17 -64
13
4

(c) if the 3&d

)1. '

Jps, before borroyiing

debegture~,re@~y&*by public-~~tice,
on
a powit; to-pay @@
+opY 8f

-I I
tf;
the loan by periodickl inst~lrntntsand to sele$ &v,lottb,e v%
particular debenturesto be discharged at pahicula'rT& r i d s
;

i
then, by paying such insta b n t s at such periods ; or .f
- 9 :: .",
t 'Br

(4 from mohey borrowed for the pur 4

9I

(e) partly fr.66the sinking fund established under

section 98 in respect*of the loan, and partly from money
borrowed for the purpose.
Establish- 98. (1) Whenever a loan has to be repaid from a sinking
merit and fund, the Board shall establish such a fund and shall pay
sinking into it evesy ymr until the loan is repaid, a sum so calcu-
maintenance
of
funds. lated that if regularly paid, throu &out the period agreed
upon by the Board, it would, with accumulatioos in the way
of compound interest, be sufficie~lt,P fter payment of all
expenses, to pay offthe loan at tb: end of that period.
(2) The rate of interest on the basis of which the sum
referred to in sub-%r)+;m(1) shall be calculated shall be
such a s may be prescribed.

Power to 99. Not withstanding anything contained in section 98;

discontinue if at any time the sum standing at credit of tbe sinking
payments fmd estzblished for repayment of any loan is of such:
&to sinking
_ fund. amoui if iillowea tc acc~mulateat the rzte of interest
prescribed under sub-section (2) of that section, it will be
sufficient to repay the loan a t the end of the period agreed
upon by the Board, then the Board may discontinue further 1
annual payment into such fund. i
I

mstmsnt 100. (1) All moneys paid into any sinking fund shall,
of as soon a s possible, be invested by the Board in-
fund. i
(a) Government securities ; or i
(6) securities guaranteed by the Central or State
Government ; or
(c) debentures issued by any local authority; or I

(d) debentures issued by the trustees o f the Port

~f Wadras ; or
(e) debentures issued by the Board,
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1961: TeNeAct 171 State Housing Board 633

the joint names of the l[Exa.miner of Local Fund

ntd, Tamil NadbIl, and the *[kccountant-General,
Nadu],, to be held by them in trust for the repayment
f the loan for which the sinking fdnd was established.
(2) .),ill dividends and other sums received in
respect of any such investment shall,.as-soon as possible
after recei~t,be paid into the sinking-fund and invested
in the manner laid down in sub-section (1).
(3) Any investment made under this section may,
from time to time, subject to the provisions of sub-section
(I), be mried or transposed.

101. The two trustees referred to in sub-section (1) Application

of sinking
of section 100 in whose names any sinking fund is in vested mndse
diay, from time to time, apply the same,or any part thereof,
in or towards the discharge of the loan or any part of the
loan for which such sinking fund we s established; and until
such loan is wholly discharged, shall not apply the same
for any other purpose.

102. (1) The two trustees referred to in sub-pectjon Annual

(1) of section 100 shall, at the end of every year, transinit Statemnt by
to the Chsirman a statexlent showing- trustees.

(a) the a mount which h&sbeen invested during

the year U d e r section 100 ;
(b) the date of the last investment mad6 previous
$0 the transmission of the statement j*";
. .X 8 i ;-A

>i (t) PW aggregate dmounf. ' .o f+T@.Wj$;

+B$sd&tities beld by
them i * *, me
~C

$"* I

3 (a:thd aggregate an;19&nt2wlimh has,. op to the

&&of W'stittenlentS3 bben applied t&d@y,sectior~ 101
. ifi! or to*ar& repaying I O ~ S; an& ic . .'. ., .
3

---
- 2:*.. ----
ted for the expression "Examiner
" by paragirapk 3(l)of, 'and the
aptation of,q$ws *Order,1970.
: .-. q:. -+:
itutd fat t h d ~ d w d b ''ACCCs untant-
h 3(2), ibid. .--5.&'&,+."t3
br . .S P-
+J
: .@
. -
,$*l,j z:
.* .< *

5. I

f *
 LatestLaws.com

. L\
I

634 State Housing Board [1961:T.N. ~ c 17

t

(e) the aggregate amount already paid into each

sinkilL,:lqd.
(2) Every such statement shall be laid before the
Board. and published in the *Fort St. George Gozette.

Annual exa- 103. (1) TJie l[Accountant-General, Tamil Nadu] shall

mination of examine the said sinking funds every year and ascel t4in
sinking whether the cash and current value of the securities
at credit of s~ichfunds are actually equal to the amount
which would have accurnulatcd, had investments been
regul .. l y made and had the rate of int~restas originally
ed been obtained therefrom.
estirn,).~

(2) The Board shall forthwith pay into any sinking

fund any amount which tbe Accountant-General m;y
certify to be the deficiency therein after examinationUaa
aforesaid , unless the Government specially sanction
a gradual readjustment.

Estimates of a
104. (1) The Chairman shall, at special meeting
income and to be held ir the month of February in each year ,'1q.y
expenditure before the Boiird an estimate of the income and expen-.
*O be laid diture of the Board for the next ensuing year. :
annually be-
fore the
Board (2) Every such estimate shall make provision for
the due fulfilment of all the liabilities of the Board, and
for the efficient administration of this Act. *

(3) very such estimate shall differentiate cr.pi@l

$I $1, '

and revenue funds, and shall be prepared in such form,

and shall contain such ,details, as the Government may,
from time t o time, prescribe.
(4) Every such estimate shall be completed and
printed and a copy thereof sent, by post or otherwise to
each member at least t e n clear days before the date of
the meeting at which the estimate is t o be laid before the
Board,
- ,-
This ;xprsssio,l was siibstit~tidfor th; I I ~ p r ~ ''Accou~~-
1 ~~Io,~
ntGeneral, Madrasv by paragraph 3(2) of the Tamil Nadu
Adaotatio I of Laws Ordf r, 1970
I
the Tamil Nadlr GOIz : * ~ e v tPozettec
*NOW
 LatestLaws.com

..
. ~ 171
1 9 6 l : ~ A'et - State Hoirsiig Board 635
(5) A revised budget, if any, including all the expen-
diture not covered in the original budget estimate, shall be
laid before the Board at a special meeting to be held in the
~ n o n ~or'h December in each year.
:*
105. The Board shall consider every estimate so 1 id Sanction of
P" before it and shall sanction the samei-kither withoui modi- estimates.
the Board to
Q fication or with such modification a s i t may think fit.
0
r
106. (1) Every such estimate, as sanctione i by ;he Approval af
Board, shall be submitted to the Government who may, to Goverr.men t
at any. tims within three months after receipt of the
j same-
g:
, . I

(a) approve the estimate, or

(b) disallow the estimate or any portion theieof,
-nd return the estimate to the Board-f~ramendment.
(2) If any estimate is so returned to the Board, it
shall forthwith proceed to amend it'and shali resubmit -
the estimate as amended to the Government who may then -
approve it. -.as

lo1. (1) The Board may, at any-time, during the ye-r Supplement.
for whichCvany. .". t t ( .
esti-mat6has been sanctioned, cause a sup- sry estimate.
d

p h e n t a w estimate to 6e lyepared and laid before it

.
,-* ' A

at' a sp%dalvmeetingi
. .. * Y S& b + i : ~ r'~ . , ,, $+ j j*f

-
;NL 'a

'b" * L
ftj*~ '
:~'(~jk.!&%&,provisions- of sub-seckv$s5*(3) and (4) of
--. . :
~dai&aFt~&~q~'f;.~ct;i~ns 105 dnd l0@dbrtl.bapply to every ,&

". supplementary estimate. y: f g + & ~. ) i

*,
( -
::
, ( 1 : ~ d I ( ' j 8 ; q ~ j t ~ 6&hill.betexprtdedi.by or on behalf of Adherence
the Boatd.~nless the expenditure of ilt&;same is co~ieredby to estimate
a current budget grant or can be met by,a reappropriation
or by drawing on the closing balancei.:
,","$%:;
c f

dosing
balance.
. ,.
(2) The closing balance shall not be reduced below
such limit as may be fixed in this behalf by the Government,
from time to time.
(3) The follosing items shall be aempted from the
A

ngmely :-
provisiotis of sub-sections (1) and (B), ,-.
(a)
.<,

refund of moneys belonging 'tb contractors OF

other persons hold in dcposit, and of moneys collected
by, or credited to, the Board by mistake ;
 LatestLaws.com
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636 State Housing Board [1961: T*N*Act 17

(b) payments due under a decree or order of a

court or under an award of the Tribunal ;
(c) sums payable 11n.dera compromise of any suit
or other legal proceeding or claim cirected under this Act ;
(d) sums payable under this Act by way of compen-
sation ;and
(e) payments required t o meet any pressing emer-
gency.
(4) Whenever any sum exceeding ten t housanE rupees
is expended under clause (e) of sub-section (3), the Chairman
shall forthwith report the circumstances to the Board
explaining how it is proposed to cover the expenditure.
h
Definitionof 109. (1) The expression " cost of management " as
"Cost of used in the following sections in this Chapter means-
manage ,
meni".
(a) the salary and house-rent and conveyance
allowance, if any, of the Chairman, Secret ry, the Housing
Board Engineer, and any other allowances and any ~ n t r i -
butions payable to or in respect of them ;
(b) the salaries, fees and allowances and contrj-
bu::qns paid in respect of officersand servants of the Boare
referred to in sections 8, 9, 16, 18 and 21 ;
( c ) the remunerations of ~ t l i e remployees of the
Board except employees who are paid by the day or whose $t
pay is charged ta temporcry work ; 4
.d
(dl a11 payments made under section 81 on account
of the Tribunal: ;and
(e) all, office expenses incurred by the Board or the
TIibunal.

0
f-i
-*---t, -.
 LatestLaws.com
-*-bS < >".#&&
7

- -_4)^;l.L- -- -. --- ..-....

*4'#
-4--.-
* *.

1961: T.N. Act 171 State Housing Boara 637

;\ .
(1) The Board shall keep a capital account and a Kegins
110.
capital
of
revenue account. account and
revenue
(2)/The capital account shall show separately all account,
expenditure incurred by the Board on each housing or
improvement scheme.
-----__ -.--

F. There shall be credited to the capital account- Credits to

111.
t$ capital
- r (a) all sums (except inte*~t) received by way -unto
sf betterment fees under this Act ;
(2)
I .

all moneys received .on."account of loans

taken by the Board in pursuance 6f this Act;
,
all moneys received a$!,+& by the Board
for purposes of this Act, from i h t ~ ' , k a t r a l or State
Cioverwnt; .:- t%?G - ~ ~ .
(4 all moneys received bfthd'!board cn account
of resment cf loans and advances
* a asj
j granted undere*,

sectioh9I; ' <I T. "-

:a.

procer ds of the sale cf such i

crediting to the revenue acccunt the amount of such
3 advane;
! , (g) the proceeds of the sale of any ~novablc
propzrty (including securities for money invested from
the capital account) belonging to the Board ;
(4 $11 lump-sums received from any
Government in aid of the capital account ;
(i) all mcjneys received
by the Board in
connection with leases for any term exceeding forty
years;
(J) all sums, if any, which the G~ver~~meiit
direct, under sub-section (2) of section 114, to
be credited to the capital account ; and
 LatestLaws.com

-.
State Rousing Soard [I961 :T.N. A& 17
I I

(k) all moneys realised from the sale ofsecqrities

by directit n of the Government under section 115.
' , :ai.

ADpfication 112. The moneys credited to the capital account

of capital shall be held by the Board in trust and shall be
a ~ o u n t . applied ts-

(a) mieting all costs of framing and execuring

heusing or imprcvement schemes ;
. .
(b) meeting the cnst of acquiring lands for carry-
ing out any of-the purp ~ s e of
s this Act ;
(c) meeting tpe cost of constructing buildings
required for carry ilig but any of the purposes of this,.Act;
1 .
I

, #..- :'
(d) the repayment of loans from money b ~ r o w e d
in pursuance df this Act ;
, I

(e) granting of loans and advances under-section

91 ;

-
(f) makingpayments inpursuance ofsection 148
otherwise than f )r interests or f r r:xp;nses c;f mainten-
ance of working ;
(g) m~kingor contribu:;ng 1:)wards the cost of
surveys in pursuaace of s:ct-.,n i46;
(h) meetkg such p r ~ p ~ r t i oof
n tile cost of
managcme:it as may be prescriecd by the Bllard; and
(i) tempararily making good the deficit, if any, in
the revenue account at the end of any year.

Credits to 113, There shall be credited to the revenue account-

revenue
account.
(a) all interest received in pursuance of section 76

(b) all annually recurring sums reca ivzd from the

Central or St-ate Government in aid of the funds of the
Board;

(4 all cornpansations wceiv~dby the B ~ a r d

under sectlon 131;
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LatestLaws.com

&h.
k . "J 1-

1961: T.N. Act 171 State Houstng Board 639

' - 0J l
.
tion kith l & & ~f ~ afi$$#fm
r
'(b
'all moneys ~ c e i v e dby. 3eq ~ q a r din ' cenec-
not e x,c j g $ . . ~ ~ t o ryears;
/I ty 7 + d

/ :
:. i'
..
J ,

m '. Board;
. I f (e),
- ..
,
all rents.of
i
-..4 .- vesteh indthe
land
,.:. <. - 8-
.tJ . . :
-\

d)
* * %1
, .<:
2 i,ii.,j

. all iex& of bui&dings.f_ed irq the Board;

: JA-
*
' 1 . .: .I , ..
. ;&..z I? - < .>

. :(g),'the supervision a& centage , b r g e s obtained

by theBoard under section 67 ; i:. a

-. , . r:
L

-
-I

(h) all interest on loans and advances granted by

, the Board under section 91 ; and ' -
- S L " , , j . . i3 q t j ;*: :;
I
other 'receipts by the: BgatdI which are not .
.($ill ' : ,"1.:5$ :
a':,

required;& by seaion.,ll-l to be credifefl :to+the capital I , . 1: ;

- qTount. ' 1 , . . _ . . *:' 93<2h,qL. t < $ 1 c "' 3

:,> * , . - f . . *- . 'tc> I_ I < $6 -23 i.2

J r .jjl
r ;:,:ti a'?*

(1) The moneys credited to the revenue akount Ap

114. of revenue
plication:
, shall be held by the Board in trust,-and
'rl .shall be applied ,,t.
to- I : r$;
(af payment of all charges or:payments towards
interest or sinking fund due on account of any loan talcen
: in pursuance of this Act, and all other charges incurred
in connection with such loans ;
I
(b payment of zll sums due from the Bcard in
J
respect o rates and taxes imposed by the local authority
concerned, upon the land vested in the Board ;
L . .
B
(c) payment of cost, if any, of maintaining a
I sepnrate establishment for the col1ection of rents -11d
other proceeds of land vested in the Board ;
(d) payment of all sums towards the cost of
,
establishment of the Tribunal under &tion 81 ;
I (e) payment of all sums which the Government
inay direct to be paid to any auditor under section 121 ;

a meat of the cost of'i'the management

cnPg
excluding sue proportion thereof as' may be drbitcd to
rile capital account ul~dercia us<: (11) of section 1!2 ;and
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640 State Housing Board [I961 :T.N. Act 17

(g) payment of all other sums due from the Board,
other than those which are required by section 112 to
be disbursed from the capital account.

(2) The surplue if any, r-mining after making

the payments r e f e r ~ dto in sub-section (1) shall, subject
to the maintenance of a clwing balance as required by
sub-section (2) of section 108, be invested in the manner
laid down in section 100 towards the service of any loans
outstanding after the expiry of sixty years from the com-
mencement of this Act, unless the Government other-
~r:,: direct.

Power to 115. If at any time after any surptus referred to in

direct sale
of securities sub-section (2) of section 114 has bee11 invested, the Board
in which is satisfied that the investmnt is not needed for the service
any surplus of any loarl referred to in thlt sub-section, the Board may,
of the with the approval of the Government, sell the securities
revenue
accounts is held under the investment.
invested.
Advances 116. (1) Notwithstanding anything ' contained in
from revenue section 114, the Board may advance any sum standing
account at the credit of the revenue account for the purpose of
capita1
account. meeting capital expenditure.
(2) Every such-advance shall be refunded to tb
revenue account as soon as may be practicable.
,.
Advance 117. (1) Any deficit in the revenue accouqi at t b
capita'
account to end of any year may be made good by an qdvaqbe from
revenue the ca~italaccount after obtaining the approval of the
account. Government.

(2) Every such advance shall be iefunw to the

capital account in the following year.
f
/

Submission 118. At the e n d ; ~ every

f Year, the Board s&& submit
of abstracts to the Government -anabstract of
of receipts and exnendilvre for such yea
to
.c)overnment. + '.l.;:.,t I

h u d 119. The accounts df

the Board shall -&"&*gmined
audit Of and audited once' in +&veryyear by such*a~drtiir+
, :- the
as 8e
account& Government may appoint in this half.
 LatestLaws.com
LatestLaws.com

(c) re ire any person SO appearing to make and

:

'
+

&xswer8p~y
'F
sign a ;+c aration with respect to such document or to
question or to prepare didP'
furnish any state-
. ment relating thereto.
$'
$
2
121. The Board shall pay to the said auditor such R , , , ~ ~ ~ , .
re-ation as the Government may direct. tion of
auditor.
122. (1) The said auditor shall- Reports and
(a) repom to the Board and to the Government to infbrmation
be furnis-
any material impropriety or irregularity which he may hed ledby audit-
observe in the ex enditme, or in the recovery of kmoneys or t , ,he
du; to the Boarl or in the accounts ; Board.
(b) fiunish to the Board such information as
it may,frpm time to time, require concerning the progress
of his apdit ;
(c) report to the Chairman any loss or waste
of monep or other propeny owned by or vested in the
Board caused by neglect or misconduct, with ihe names
of persons directly or indirectly responsible for such
loss or waste; and
( d ) submit to the Chairman a final statement of
audited accounts, together with a report on the result of
the and duplicate copies thereof to the Govern-
ment within a period of three months from the end of
the or within such other period as the Government
may allow in that behalf.
(2) (a) The said auditor may disallow every item
contrary to law and surcharge the same on the person
making or authorizing the making of the illegal pay-
ment ; and may charge against any' person responsibk
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LatestLaws.com

State Ho,using
+...
.-
Board I1961 : TeNeAct 17
therefor the amount of any deficiency or loss incurred
by the negligence or misconduct of that person or of
any sum which ought to have been, but is not, brought
into account by 'that person and shall, in every such case,
certify, the amourit+duefrom such person.
,- .'
Explanation.-It shall not be open to any person
whose negligence or misconduct has caused or contri-
buted to any such deficiency clr loss to contend that
notwithstanding ' his negligence or misconduct the
deficiency or loss would not have occurred bu for the
negligence or misconduct of sc me other person.
( h ) Thz sdid auditor sliall state in writing the
reasons for his decision in respect of every disallowance,
surcharge or charge allu fu~-nisJra a ~ p yhereof by regis-
tered post to the person against whom it is made.

(c) If the person to whom a copy of the decison is

so furnished refuses to receive it, he sh 11 nevertheless be
deemed to have been duly furnished with the spy, within
the meaning of clause (b); and the period cf fourteen
days fixed in sub-sections (3) and (4) shall be calculated
from the date of such refusal.

(3) Any person aggrieved by a disallowance, sur-

charge or charge made 1.nder sub-seaion (2) may, withii~
fcurteer days after he has been furnished with a copy of
the decision of the auditor t ither (a) apply, in the Prtsi-
crency town, to the Madras City Civ:l Court and dewhl re,
to the Court of the Subcrdinate Judge tc set aside such dis-
allowance, surcharge or charge, i~ which case the Court
may, afrer taking srch evidence as it thinks necessary,
confirm, modify, or remit such disallowance, surch;rge
or charge, with s u c ~orders a s to costs as it may thlnk
proper in the circumstances; or (b) in lieu of such appli-
cation, a ppcal to the Government who shall pass such
orders as they think fit.

(4) Evcry sum certified to be due from any person by

the auditor under this Act shall be pnid by such person to
the Bcarci v i ~ h i rfctui
: teen days 2fte1 he Ilas been f ~ ~ r l i s h ~ d
with a copy oC the deci ;on of the auditor unless wilhin
tIlar ; i ~ . c .;tic11
t
i ;pi;,;li-d
perscn ha5 spplitd t~ :ti C a ~ far
to the GovLlnmcnt egr inst the decision under sub-section
(3); and such sum if not paid or such sum as the Court
 LatestLaws.com
LatestLaws.com

(5) Notwithstanding anything contained in this section,

the Government may at anytime - d i ~ g that
~ t the recov~ry
of the whole or any part of the amount certified to be due
from any person by the auditor under thig Act shall be
waived if in their opinion, such a course is necessary,
eonsidering all the circumstances of the case.

123. The Chairman shall cause the r2port mentioneG Auditor's

in clau&(d) of sub-section (I) of section 122 to be printed rep"'' to be
to each
and shall fcrward a printed copy thereof to each member sentmember alld
and shall bring such report before the Board for consi- ,,,,,id,red
deraticn at its next meeting. by Board.

124. It shall be the duty of the Board to remedy B a r d re-

medy defects
forthwith any d-fects or irregularities that may be pointed p,i l,ted out
out by the auditor and to submit a report thereon to the by or
Government. a- d : o sub-
7 I
mi: a report
!o Govern-
menr.

125. (1) The accounts of the Board as certified by the Accounts

,, audit
auditor together with the audit report thereon shall be ,port to be
forwarded annually to the Government and the Govern- f !w~rdedto
merit may issue such instructior s to the Bcnrd in respect Government
a(d
thereof as they deem fit and the Board shall comply with placing their
bs-
such instructions. f ,re 1 he
S a:e Lel;i*
tat ure.
(2) The Government La::- -
'
,
I ,
-

(a) cause the accounts of the Board together with

the audit report thereoa forwarded~itothem under sub-
section (1) to be laid an -ually before the State Legislature ;
and i g ., L

. -
(b) cause the a ccounts of theJ$&d to he publish4
in the prescribed m-finer and , lr Hvailable copies
: rJ

thereof on sale a t a reasonable price,,:

.-, ,
*."
 LatestLaws.com
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State Housing Board [1961: T.N. Act 17

CHAPTER XIII.

Penalty for 126. If any person, without lawful author it y in-

fringes any order given, or removes any bar, chain or
fence, etc., post fixed under sub-section (2) of section 62, he shall be
in Street. punishable with fine which may extend to fifty rupees.

Penalty for
127. I F any person, without the permission of the
building Board, erects, re-erects, adcis tc) or alrers any wall or
wi!hin street building so as to make the same project into the street
alig-ent 4alimrnent or beyond the bui1,ding line prescribed by any
g deferred street '@erne, developxnent scheme
b u l l d ~ ~line town ex-
"rr.f&ut per- pansit )n sche$p'~~
.. ti: shall be punishable- :i. ) a :
quyon. ;"

*
(a) with fine which may extend, in tit;?k c of a wall
or ma.sonry building, t o five hundred rupees and in any
other case, to N t y nip*; and = ,

,. ..
(b) with farther fine which may extend, in the case
of'a wall or masonry building, to one hundred rupes
and in any other case, to ten rupees for each day after
the first during which the project ion continues.

Penalty for 128. If any gerson fails to comply wjth any re-
failpre to quisit ion ma.& bpFtheauditor under sectr iofi 120, he shall
.
A - 5 6

*]$,with be punishable- . ' a . .. - & a r , *< as <A

requsltlon
w by. . &c- t 4

audi tori ."

(a) with fine which may extend t dbni .hundred
S t :

I I

rupees ;and
(b) in case of a continuing failure, with fine wh,,,d
may extend t o fifty rup:es for each day after the firsi
during which the failure continues.

Penalty for 129. If any ;.rr:c--

obstructing
contractor or (a) obstructs or molests any pcrson with whom the
removing Chai;:maIl has efitered into a contract on behalf of the
mark. Bwrd, in the performance or execution by such person
of his duty or cS anything which he is empowered or re-
quired to do by virtue or in oonsequenoe of this Act OF
any rule or regulation made thereunder; or
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196 1 : T.N. Act 171 State Housing Boar8 645

(b) removes any mark set up for the purpose of in-

dicating any level or direct ion necessary t o the t xecution
cf works authorized by this Acr or any rule or regula, 1 -q
made or scheme sanctioned thereunder,
he shall be punishable with fine which may exte~tdto two
hundred rupees.
130. Whoever coniravcnes any of the provisions of penalty for
this Act cr of any rule or regulalioll made or scilcrnc sanc- breach of the
tioned thereunder sl~all,if no other penally is provicled "Ovisions of
the Act. etc.
for such contravent ion, be punishable-
(a) with fine which may extend to one hundred
rupees; and
(b) in case of a cnnt inuing contravenrion, with
fine which may extend to fifty rupees for each day after
the fiiist during which the con%rsvent ion ccnt i n u ~.s
131. 1 When any person is convicted of any off'- Compensa-
ence under this Act or any rule or regu1alic.n mc de there- tpaid ~ o n to be
by
under, the magist late c0nvic1ing such perscn may, c n for
applicar ion male in this behalf by the Board or by iis damage ca-
officer or serv nt authorized by it in this behalf, call upon used b~
such person forthwilh 10 show came as to wliy he should lhem.
not pay compensation - o the Board for the damage caus-
c;d by his act OT O I ~ ~ S S ; O IiI ;'cs;::,hf 7qThich hc ji; con-
victcd.
(2) Thc magist rat c sh:; Il record and co::?.sidc~-
ariy
cause which such pcrsc 11 lnaY show and if -the magisi ralc,
after making such inquiry as he may think fil., is sa:isficd
that such person i s liable to pay compcnsa! ion, rn8y
direct that compensation -tG such amount ncit exseeding
one t.housand rupees as he may determine, bt? paid by
such person to the Board.
(3) The amouut of compensaticn directed t o be
paid under sub-sect ion (2), shall, if it be not pait! forth-
with, be recovered as if it were a fine imposed by tht.
magislrate cn such person.

132. If any member, or any*officer Or servant ofpunishment

the Board acquires, directly or indirectly, by himscif 0s for acquir-
by anylpartner, employer or emploYee, otherwise than ing share or
inrerest
as s ~ member,
h officer or servant, any share or interest contract, in
in ,anyco1.r a.ct or employment with, by or onibehalf of, etc., with
the Board (nct being a share or interest which, unde the Board-
 LatestLaws.com

64 6 State Housing Board [I961 : T.N. Act 17

section 7, it is permissible: for a member to havc wirf.1-

out hcing thereby disqualified for being appointcd a
ruelnbs) hc. shall be deemed t c. have conimitr eci the off-
encc nlade punishable by sec~ic11169 of the Indian Penal
Cod.: (Centr 1Act XLV of 1860).
/
Procedure. 133. (1) No Court shall take cognizance of any offc-
nce punishable under this Act or any rule or regulc.iicln
made iileleunder unless complaiizt of such offence is made
within six moat hs next after the commission therecf.
(2) No Court inferior t o that c.f a *Presidency Magi-
strate or a Magistrate of the First Class shall try any
offcnce pbnishable under this Act.

134. It shall be the duty of every police officer-

~ u t of
y (a) to co-operate with the Chairman for carrying
police into cffcct and enforcing the provisions of this Act or
officers. --y rule made therewader ;
(b) t o communicate w i ~ l ~ o delay
ut to the prGp,r
officer or servant of the Bcard any infi rmaticn which he
receives of a design to commit or cf tile c~mmissisnof
sny offence against this Act or any lule made thert under;
and
(c) to a~sistthe Chairman or any officer or servant
of the Board reasonably d~mandinghis aid for the lawful
exercise of any powu vesting in the Chairman or in
such officer Gr servant under this Act or any rule made
thereunder .
Attest of 135. (1) Any police cfficc r not
OEenders*
below the rank of a head constable, may arrest any
person who commits, in his pscsence, any offence agai&
this Act or any rule or regulation made thereunder, if
-
*According to clauses (a) and ( c ) of sub-section (3) of section 3
of t h ~(;ode of Criminal Procedure, 1973 (Central*Act 2 of 19741,
r-renw to a Magistrate of the first class shall be Construed as a
reference to a Judicial Magistrate of the first class a y i any reference
to a Presidency Magistrate shall be construed as a reference to a
. Medopolitan Magistrate with effect on and from the 1st April
 LatestLaws.com

1961 : T.N. Act 17 State Hou~ingBoard 647

th: name or address of such person be unki1ou.11 to him,

and if ~ u c h person on demmd declines t o give his name
(1s address, or gives a namc: or address whicil such officer
has rca.;on i o believe t o be falslx.
(2) PTo p ~ r s m so arrcstcd shell be d,:taincd in
custody af ker his true namc and addre's; arc zscertained,
or f,)r any longer lime than is nccsssary for bringing him
bpfors a mapistrate. In no case shall :>uchde,ent ion
exceed twent y-four hours from the time of arrest with-
out the orders of a magistrate.

136. The Chairman may, subject to th3 control powers

of the Board- Chairman as
to illstitution,
(0)institute, defend or withdraw f r o ~legal
l procec- composition
(1 112s under lhis Act or 2n.y rules 0: regula~ici~smade etc., of legd
thereunder; procc edings
and obtaio
(b) compound any offence against this Act or any nin91egal
,,~esor regulations mad.e thereunder which, under any advice.
law for tho time bcing in forcc or the rule prescribed by
l y compo~~ldetl;
t 1 , ~Govcrnmsnl:, may l a w f ~ ~ lbe

(c) admil, cornpromise or withdraw any claim made

under this Act or any r s or rcgulat ions made t here-
under; and
; ( d ) obt ain such lega 1 advice and assist ance as he ms y ,
i from ilme to time, think it necessary or expedient to
or as may be d~sircdby the Board Icr obtain, for
: an y of tile purposes, refc r r d to in the foregoing clauses
of this section, or for securing the . lawful c-xercise or
! discharge of any p o w ~ ror duty vested in or imposed
, upon the Board or any officer or servant of the Board.

;"
137. No suit, prosrcut ion or other legal proceeding Promion of
shall lie against the Governmtnt , the Board ox any Corn- ,tion taken
miltee thereof or any cfficar cr servant of;lle Gcvern- ingoafai&o
I mcnt or the Board fix anything which is in go& faith
done or intended to be d ~ n ein pursuance of this Act or
I any rule or regulation made thereunder.
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State Housing Board [1961: T.N. Act 17

in respect of any act done or intended to be done under

this Act or any m l e or rcgulat ion made thereunder
until the expiration of sixty days next after written
notice has been delivered or left at the Board's office
or the placc of abode of such officer, servant or person,
stating the cause of action, the name and place of
abode of thc intending plaintiff, and the r~liefwhich
he claims, and the plaint must contain a statemcnl that
such notice has been so delivered or left.

Proof of 139. Whznever, under this Act or any rule or

cgnsnts e t c * s regulation made thereunder, the doing or the c miss ion
Of Board*or
Chairman or to do anything or the validity of anything deptnds upon
ot16\=r or the approval, sanction, constnt, ccncurrence, dt.clara-
servant of tion, opinion, or satisfaciion of-
the Board.

(a) the Board 9r the Chairman, or

(b) any officer or servant of the Boarci,

a wriitcn document , S I ~ ~ Lit)L CZSC

' ~ (a) by the Chairman,
and in case (b) by the said officer or ~c-rvant,conveying
or iljng forth such approval, sanct ion, consent,
concurrtdnce,dcclarat ion, opinion or sat isfact ion, shall
bc sufficient evidence of such approval, sancr ion, con-
sent, concurrence, declaration, opinion or satisfaction.

140. (1)The Chairman m a y , b ~a written notice, require

Power of
Chairman to the owner for the time being of the wall or building
direct remo- I l--,rred to in section 127 t o stop further work cn ,uch
val of on- wall cr building and to alt sr or demolish t h ~s;.mc in
authOrised such mgnner and within sucli t imo as may be specified
erectims,
cth,withifi in the not ice
street align.
ment, erc ,
(2) Where the alteration or demolition directed by
any such not ice is not carried out as directed therein, the
chairman may cause the wall or building or piation
lnerecf t o be altered or demolished, as the case may be,
and he may t ecovcr ihe expense incurred in so doing from
the owner for the time being in such manner as may be
nrescrib~d.

I1
-.."
-"- I*" --in E
 LatestLaws.com
1961 : T.N. Act 171 State Housing Board: 649 -
t
B 14 1. In any case not otl~erwiseexpress1Y provided for General
in this Act, the Bcai d n a y pay reasonable compe,lsat ion Board
power of the
to pay
to any pcrson wh4jsllriains damage by reas:!a of the excr- ,,,pensa-
d or under ibis Act tion.
cise of ally t!f the powers v n ~ s t e by
in the Board or the Chairman or any officer or :;ervant
of thc Board.

.
142. Every public not ice g; e ~ :a d z r 1his Act or .iny notiw
rule or regulaii~nmade thereun(jrr shall be in writing over how to be
!he sigiiature cf the Chairman, 2nd shall be widely ma& made known.
gnown in the locality icy be affected thereby, by affirrrng
~ ~ p thereof
i ~ s in conspic~ouspublic places wi thi i; the
~ - - ; locality,
d or by publishing ihe same by beat of drum
or by advertisement in leading dsily newspapGrs, or by
any two or more of these means, and by any other means
! that the Chairman may think fit. Every such notice shall
also be published by afixture in the notice board of the
Board's ofice or sub-office.

143. Whenever it is provided by this Act or any rule s;;~;

or regulation made thereunder that notice shall be givsn in which
by advertisement in leading daily newspapers, or that a advertise-
notification or any information shall be published in mentsor
notices
leading daily newspapers, such notice, !notification or in- to are
be pub-
formation shall be inserted, if practicable, in at least one lished
English daily newspaper and two daily newspapers
published in Tamil.

--
144. Every notice or bill, which is required by t l is Act Stamping
or by any rule or regulation made thereunder to bear the signature on
signature of the Chairman or any other member or of any notices or
officer or servant of the Board, shall be deemed to be pro-
pzrly signed if it bears a facsimile of the signalure of the
Chairman or of such other member or of such o fficel or
servant, as the case may be, stamped thereupon.

145. When any notice, bill or other documant is re- service how
quired by this Act or any rule or regulation made there- to be egeoy
under t o be served upon or issued or presented to any ted.
person, such service, issu- or presentation shall bc effec-
t ed-

(a) by giVillgor teilderiilg S U O document

~ to s ~ c hper-
son; or
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650 State Hotlring Board [I961 : T.N. Act 17

(bS if such person is not found, by leaving such docu-
ment at his last known place of abode, or by giving or
tendering the same to some adult member or servant cf
his family; or
(c) if his a~ldresselsewhere is known, by forwarding
,yxlchdocumt:ni, to him by registered past under CQ, zr
bearing the said address; or
(f) if none of the means nfores~id be avsilable, by
causing a cclpy of such docum~nt10 be affixed 011 s1 111:
c.~i~spicuous part of the building or I::nd, if any, 1 P wllich
t he document relates.

Power to 146. The Board may-

make sur-
veys or (a) cause the survey of any land to be made, whenever
contribute it considers that a survey is necer,sary or expedient for
'Owaids their carrying ou' any of the purposts of this Act; or
cost.
(b) contribute towards the c(.st of any such survey .
made by any other local aul hority.

Power of 147. (1) The Chairman or any person either generally

entry. or specially authorized by the chairmm in this bellalf
nray, with or without assislants or w~rkmen,enter into or
upon any land, in order-
(a) t ) rnake any inspec+ic n, survey, measui ement ,
valuation or inquiry ; $
(b) to t &e levels; ,:
7'

( c ) to dig or bore into the sub-soil; d

(d) to set our boundaries and intended lines of work; a

( e ) to marK such levels, boundaries and liines by plac-

i
3
ing marks and cutting trenches; or

( f ) to do ally other thing, whenever it is necesszry

to do so for any of the purposes of Phis Act or any r u l ~ +
r,

or ~egulationmade or scheme sanctioned thereunder or 1

;~nyscl~emewhich the Board lnrends to frame thereunder: I

/
Piovided as follows :-
(a) nn such en! ry shall bt+:rnado betwcc ni s u ~ ~ sonc:
ct 3

sunrise; i

1
i
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1961 : T.N. Act 17-1 State Housing Board 65 1

(b) no dwelling lic~usoand no public buildiog or hul

wilicli is used as a dwelling place, shall bc so entcscd,
except with the ccmsent of the occupier thureof, wi,! 11-
out giving the said occupier at least twenty-four hours
previous written notice of the intention ic make such
entry;
(c) sufficient noticz shall, in every instance, be
given, even when any premises may otherwiv: be
entered wIt!iout notice, to enablc the inmates s f any
apartment appropriated to women to remove ihc mselves
to some part of the prcmises where their privacy will
not be disturbed;
(6)due regard shall always be had, so far ao may
be compatible with the exigencies of the purpose for whicu
this entry is made, to the social and religious usages
I of the occupants of the premises entered.
(2) Whenever the Chairman or a person authorized
under sub-section (1) enters into or upon any land in
pursuance of that sub-section, he shall, at the time of such
entry, pay or tender payment for all necessary damage
to be done as aforesaid ; and, in case of dispute as to
the sufficiency of the amount so paid or tendered, he shall
ai once refer the dispute to the Board, whose decision

f
i CIJAPTER XIV.

I 148. Wit11 a view to facilitating the mcveme,lt of the powersofthe

population in and around any city, town or village, the Board for
Board way from time to time- facilitating
illovenlent
of the
(I) subject to nny coildition it may think fit to impose-- popui z.' '9n.
(a) guarantee the payment, from the funds at
its disposal, of such sums as it may think fit, by way of
i lltercst on capital expenditure on the construcGon,
mailltcnance or working of means of locomotion ;or
(b) make such payments as it may think fit from
the said fulds, by way of subsidy to persons undertaking
to provide, maintain and work means of 10~0mcttion;or
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652 State Housing Board [1%1: T.N. Act 17

(2) either singly or in combination with any other
person, construct, maintain and work any means of
locomotion, under the provisions of any law applicnhl-
thereto ;or
(3) construct or widen, sirengthen or otherwise
improve bridges :
Provided that no gui~raliteeor subsidy shall be made
under clause (11, and n o means of locomoiion shall be
const1 ucied, maintained or wol ked under clause (21,
witbo~atthe sanction of tbe Government.

Members, 14'9.All members, officers and servants of the Board,

and the members of committees, the Tribunal and all otller
~flSce1.s
servants of persons entrusted with the execution of any functions
the
committees under this Act, shall be deemed, when aciing 01 puiporting
and~ri,.,unal to act in pursuance of any of the provisions of ;his Act,
deemed to to be public servants within the meaning of section 21 of
be public th4 Indian Penal Code (Central Act XLV of 1860).
servants.
+ --w+

Contribu- 150. Tlze Board shall be liable to pay such contribu-

tions by tions f o ~the leave salary, pensio~ior provident fund of
Board to- any officer or servant of the Central or State Government
wards lea"' employed as Chairman or as an officer or servant of the
i t I Owitnces
;, ),d pensions Board, or as the Tribunal or as an officer or servant of
of ants the Tribanal, as the case may be, as may be required by
of t1ir cell- the conditions of his service under the Central or State
tral Or siate Government to be paid by him or on his behalf.
Gobern111il f
empl Wed
under this
Act.
151. In any area in respect of which a housing or
a"d
Chairmail ro improvo~nentscheme is in force, the Government may,
exerci sc by notificaiion dechrc that, from such date as may be
powa-s alld ~p~cifizd therein, the powers and functions exercisable j
funciions by a local authority or i b executive authority under the
under l[Tami 1 Nadu] Town-Planning Act, 1920* ('[Tamil Nadu]
l[Ta mil
vII of 1920) shall not be exercised by it and that
-
Nad.-,]Act A C ~
VII of 1920. -.--.. -
1 These words were substituted for the word "Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of LZWS (Second Amendment) Order, 1969.
* This Act has now been repealed by the Tamil Nadu Town
and Country Planning Act, 1972 (Tamil NaJu Act ~35 of 1972)8
section 125.
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1961 : T.N. Act 171 State Housing Board 653

subject to such restrictions and modifications, if any,
as may be specified in the notification, such powers and
functions shall be exercised by the Board or the Chai ;man,
as the case may be.
and
152. In any area in respect of which a housing or Chairman to
improvement scheme is in force, the Government m:y, by ,xcmise
notification, declare that for the period-during which such pswers and
scheme remains in force and subjoct to such res?rictions functions of
and modifications, if any, as may be specified in the lccal autho-
notification, the powers and functions exercisable by a rity and
local authority or its executive authority under the c uact- ,,,horit y.
ment constituting such loo?! authority-shall bz excrcised
by the.Board or the Chairman, as the case may be.
153. The Chairman slaall, if so directed by the Govern- Supply of
mcnt, forward to them a copy of all the papers which w ~ l dccuments
ac ~ , dinfor-
laid befoic the Board for consideration at any meeting to
and furnish any return, statement, estimate. statist c.), I he ~ o v ~ r n -
or other information regarding any matter under he menf.
control of the Boald. a report of any such matter nitd ,

copy of any documents in charge of the Chzirman.

154. (1) As soon as may be after the fi:.~: day of Submission
April in every year and no t later than such dats as may i ~ cf adminis-
fixed by the Government, the Board shall submit to :;LC "ation
Government a detailed report of the administrztion duri no Go~cmrnent.
s(;p;r; to
the prcccding year in such form as the Govcrnincnt m a y
direct.
(2) The Chairmaa shall prepare such report and the
Board shall consider the report and forward the same to
the Government with its resolutions thereon, if any.
155. (1) The Governnwnt may give the Board such power of
.
dircctiolrs as in their opinion are necessary or cxpodicnt9

fur carrying out the purpows of this Act, afiur glvirrg an to give
opportunity to the Board to state its objoctions, iS any, directions to
to such dircctions and after considering the said obj~ctiolls ; the Board
arid Local
and it shall tkereupon be the duty of the Board to colaply Aut hcri ties.
with such directions.
(2) The Government may give any local aldh~riiy
such ai~ectionsas in their opinion arc necessary or
expedient for enabling the Board to carry out the purposes
of this Act, after giving an opportunity to the local authority
concerned to stare its objections, if any, to such directions
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State Housing Board [I961 : T.N. Act 17

and after considcling the said objections ; and it shall
thereupon be the duty of the local autl~orityto comply
with such directions.
Supersession 156. (1) If the Government at2 of opinion that the
0ftheBoard. Board is unable to perform, or has persistently made
default in the performance of, the duty imposed on it
by or under this Act or has exceeded or abused its powers,
they may, by- notification, supsrsede the Board for such
period as may be specified in the notification :

Provide3 that before issuing a notification under this

sub-section, the Government shall by no tic^ require the
Board to show cause within such period as may be specified
in the notice why it should not be superseded and shall
consider the explanations and objections. if any, of . the
Board.
(2) Upon ~hhe publication of a notification uilder
su b-section (1) supersad ing the Board,--
(a) the Chaifman aild all the members of the Board
$hall, as from the date of supersession, vacate their offices
as such ;
(b) all the powers and duties which may, by or
under the provisions of .this Act, be exercised or performed
by or on behalf of the Board and the Chairman, shall,
during the period of supersession, bc exercised and per-
formed by such authority or person as the Government
may direct;
(c) all funds and other property vested in the Board
shall, durillg the period of supersessioli, vest in the autho-
rity us person referred to i l k c;iauhd (b);and
(d) all J iabilit ies, legally subsist k g and enforceable
against the Board shall be cnforcea.ble against the
or person ref'rred to in clause (b) to the extent
the funds and p;opert ies vested in it or him.
(3On the expiration of the period of superszssion
specified in the notification issued under sub-section; (I),
the Government may,-
(a) extend the period of supersession for such faalp,$#
period as they m ~ consider
y neGeessary; oa
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,._ _ - - - _ +

State Housing &rrd

(b) reconstitute the Board in the ma.nn~rprovided
in $ection4.

157. (1) If the Govcrnmei~tarc of opinion thal Dissolultion

the Bcard has failed to cilrry out its func. ions Of'heBoard.
under this Act or that for any 01 hcr reasm ii
is not necessary to continu: the Board, the y may, by
notification, di:solvc thc Board frcim suci~ date as may
be specified in ihc notification.

2 Irptm t he p11hlic:l t ion of n

(? no: ifica: ic.n
sub-sec~1011 (1) dissolving the Board-
( a ) the Chairman and all the me mbcrs of i he Board
shall, as from thc d a t i of dissolution, vacait, ;heir ( ffices
as such;

(b) all the powers and duties which may, L:, oi.
under the provi~ions of this A ~ I , be c xerciseci r m !
performed by or on behalf of the Board and i he Cii:lll.-
man shall, as from thc dale of ci ia-solution, be exercised
and performed by the Gdvernment or such auihori-1Y GI-
person as they may appoint in this behalf;

fc) all f ulld s and other prr-perty vested in tile jioarc:

shall vest in thc Government; and

(d) all liabilities, legally subsisting and enfcrcrai~i~, I

against the Board shall be enforceable a g a i n ~ t Ihe

Govenl~nentto the t;ulent of the funds and properties
vested in t hcn~.
(3) Nothing in this section shall affect I llc liai3iljr v
of tho Government in respect of debentures gLLaralli, 2
ulldcr scct ion 92.
158. The ~ o a r dsllall deemed t u bL. a he Board
local author it y for the purposes of thc: LanG$ Acquisi- to he a lccal
;.uthority
t ion Act, 1894 (Cfntral Act I of 1894), and t!ie I,cCalunt.er
Authorities Loans Act 1914 (Cenj 1-21Act IX of 19 14). c,;nlral
3
I
~f 18%
an(! Centrill
Act IX of
1514,
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State Housing Board [I961 : TON.Act 17

Power t o 159. (1) If any difficully arises in giving effcct to
remove the provisions of this Act, the Government may, as
ldiffiCU'ties*
ot casion may ri quirt, by order, do anything which
appears to ihcm ncwssal y or proRr for thc purpose of
removing the difficulty.

(2) Every crder issucd under sub-scci icln (1) shall,

as soon as p~ssibleaftcr it 'is issutd, be placed on the
table of both Houses of the Legislature, and if, before
the expiry of the sc-ssion in whiclr it is so placed or
the next session, both Houses agrte in making any
modification in any such order or both Houst s agrce
that the ordc r should not brr: issued, the order shall
they-dter havc effect only in such modified form or be
of no effect, as I he case may be, so however, that any
such modification or annulment shall be without
prejudice to r he validity of anyrh ing previously done
under that order.

CHAPTER XV. q

P-r to 160. (1) The Government may make rules for

m3ke ruler*the purpose of carrying into effect the provisions of
this Act.

(2) I n particular and without prejudice to the gene-

rality of the foregoing power, such rules may provide
for-

(a) all matters expressly required or allowed by

this Act t o be prescribed;

(b) the accounts to be maintained by the Board;

(c) the allow- of aono&ial membess ofthe
33ard or d an?#-tee;
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1961 : TON.Act 171 State Housing Board 657

(d) the returns, statements, reports and accounts to

be submitted to the Government by the Board;

I (e) the mutual relationship of tne Board and other

1 local authorities in any matter in which they are jointly
interested ;
h

I a the fees payable for copies of, or extra^:: Prom

the assessment books of the local authorities wncerned
furnished to the Chairman;

c ethe Bos.rd and public oficers in

(g) the g u i d ~ ~ of
9
carrying out the purposes of this Act.

(3) .411 rules made under this Act shell be published

in the Fort St. George Gazette* and, unless they are ex-
pressed to came into force on a part'cular day, shall come
into force on the day on which they are s~ published.

(4) Every rule made under this Act shall, as soon as

possi ble after it is mede, be placed on table of both
Hcuses of the Legislature, and if, before the expiry of
the session in which it is so placed c?r the n(:xt session,
both Houses agree in making any modificaticn ill any
such rule or b:tth Houses agree that the rule should
not be made, the rule shall thereafter have effect only
in such modified form cr be of no effect., as the case
may be, so however, that any such modification or
atmulment shall bs. w;tbcllt nrejudice to the validity
of anything previcusl y done under that rule.

161. (1) The Bc i:rd may, by notification, make power to

regulations l[whethei* prr spectively or retrcspec Lively] make
not inconsistent wi tf-i this Act and the rules made regulations*
thereunder, for the pur-pL6eof giving effect i the
)

provisicns of this Act.

1 These words were inserted by section 2 of thc Tamil Nadu

State Housing Boarci (Amendment) Act, 1981 (Tamil Nadu Act
36 uf 1981).
* Now the Tamil Nadu Government Gazette,
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658 StateHousingBoard [1961: T.N. Act 17

(2) In particular and without prejudice to the
generality c ~ fthe foregoing power, such regulations may
provide for--
(a) all mettets expressly required or allowed by this
Act to be prescribed by regulations;
( b ) the association of persons with the Board under
section 24;
(c) the appointment of perscms to be members cf
committees under sect ion 25;
( d ) the delegation of powers c\r dt.!ics of the Beard
to cc~rnmitteesor to the Chairrn~n;
(e) the duties and conduct of officers and servants
of the Board and of other nersons employed by the Board
under this Act for carrying ~ L l any
e of the purposes of tkis
Act ;
0')the welfare and recreation cf the staff of the
Boa.rd and the contributians to be made therefor ;
(g) tac fces payable for the copies of documents,
estimates and plans furnished by any of its officers and
servants under this Act ;

(h) the man2 gement, use and regu lation of dwellings

zonstrticted under PIiY housilig or improvement scheme ;
(i) the efficient conduct oftheaffairs of the B o ~ r d .

(3) NGregulation or its cancellation or mcdificatior?

shall have egect until the same shall have been appioved
and confirmed by the Govei nmer t .

CHAPTER XVI.

REPEALAND SAVING.
Repeal and 162. (1) The Madras City Imprcjvrment Trust Act, 1950
Saving- (Madras Act XXXVIl of 1950) (bereinafier referred to as
the ?aid Act), is hereby repealed.
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1961 : T.N. Act 171 State Housing Board 659

(2) Notwithstanding su ch repeal-

I (a) anything done or any action tpken including

any appointment or dclcgaiiou made, notification, order,
instruction or direction issued, rule, regulation or scl~emc
framed, certificate, pzrmit or licencegranted or registration
effected, under the mid Act, shall be deemed to Eave k e ~ n
done or taken under the corresponding provision of' this
Aci and shall coni'nue in force a ccorciil?gly, unless r nd
until superseded by anything done or any action ta kcrr
under this Act; anc!
(b) the betterment fee in respect of any land which
the cityImprovement Trns: wa s, immediately I~ef'orethe
ccmmellcemellt of this Act, cntilled to levy, assess and
recover under the said Act, may be levied, asscssed at;d
recovered by the Board llndcr the said Act 2s if' this Act
had not been passed.
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I TAMlL NADU ACT NO. 3 OF 1974 *.

THE TAMIL NADU STATE HOUSING
BOARD (AMENDMENT) ACT, 1373.
I
[Received tlze assent of the Governor on the 31st December
1973, Jirst published in the Tamil Nadu Government
Gazette Extraordinary on tlze 4th January 1974 (Mar-
gaahi 21, Piramathisa (2004-Tiruvalluvar Andu)) .]
An Act to amend the Tamil Nadu State Housing
Board Act, 1961.
BE it enacted by the Legislature of the State of Tamil Nadu
in the Twenty-fourth Year of the Republic of India as
follows :-
1. (1) This Act may be called the Tamil Nadu State Short title and
Housing Board (Amendment) Act, 1973. commencement.

(2) It shall come into forcc on buch date as the State

Government may, by notification, appoint.
2. [The amendment made by this section has already
been incorporated in the principal Act, namely, the Tamil
Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17
of 1961).]
3. Notwithstanding anything contained in the principal Exining mem-
Act, with effect on and from the date specified in sub- bers to cease fc
section (2) of section 1, the Chairman and the members hold officr.
of the Tamil Nadu State Housing Board, holding office
as such on the said date, shall cease to hold office and
appointment of the Chairman and the members of the
said Board on and after the said date shall be made in
accordance with the provisions of the principal Act, as
amended by this Act.

* For Statement of Objects and Reasons, see Tamil htadu Govern-

ment Gazette Extraordinary, dated the 24th November 1973, Part IV-
SeCtion 3. Page 286.
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6 ' 1 1 A ~ r a lr V~ A Y u uu v L I \ L * ~ ~ V L L A ~ P U L h-- r A I - -- -- $

-
(ii) in clause (b), for sub-clause (i), ~ h following
e sub-clause sball
be su\lstituted, namely :-
- " (i) official members nut exceeding six, other than the Manaping
Director ;and ".
4. Insertion of nPlv secrion 4-A in Ttintil iVfi(I11 Act 17 uf 1961.-In
the principal Act, afrer section 4, the followir,:, scclion shall be inserted,
namely :-

" 4-A. Appointmct~t,and t e r m alzd colt(1itions of service, of Managing

Director.-(I) 7'hc Gove~.nmentmay appoint an officer of the Govern-
ment not below thc rank of,-
* {
(i) Deputy !&metal y to Government ;or f
I

a
(ii) Collect~rof a district, I
, as a Managing Direclor for tlic purposes of this Act.
. l
-
- 5

, . (2) Tllc tern1 of Officeof, and thc terms and conditions of service
of, the Managing Director s11a11 be such as may be pre~crlbecl.".
t

5. AntenJinent of section 7 , TarnilN(,(/u Act 17 of 1961.-Insection 7

. of the rincipal Act, in the Explanation, after the rvord " Chairman ", D
'
. B
the wor s " or the Managing Direct01 " shall be inserted. I
i
m.
.-.
??.', ,- , , 6. ~ m e n ~ m e of
n t seclim 16, Tumil Nodu Act 17 of 1961.-In
c; . ., section 16 of the priticipal Act, in sub-section (2),-
,. .
ti) in clause (iii), for the word " Chairman ",the words " Managing
b.

. (t - .
g+.-:c+,-tv : Director " shall be substituted ;
-- ,
b: f,. ... '$
t
(ii) in the proviso, for the wcrd " Chairman " in two places where
it occurs, the words " Managing Director" shall be substituted.
0..

C .
hg a c. .;
3% k,, .-
& . - .:- . <
% ,
7 . Athenbent of section 18, Tamil Nadzr .Act 17 of 1961 .-In
of the principal Act,--
section 18
!?-/
* :.., -
.--- - - I
. I
(1) in sub-section (I),-
?f -
+
- (i) in claust (a), for the word " Chai!.man ",the words "Managing
Director " shall be substituted ;
.,-. , . . (ii) in the proviso, for the word " Chairniar! ", the words
,
" Managing Director " shall be substituted ; I

(2) in sub-section (29,in clause (a), for the word " Chairman ",
7
the words " Mcnaging Director " shall bc substi' uted.
I
q. Amentlmerzt ofcection 21, Tamil Nac& Act 17 of' 1161 .-In section 21
of the principal Act, in sub-sectiorl (3), ?or tho w q d " Chairman"
in two places where it occurs, the wordi " Managing Director " shall
be substituted.
': J' , ' 9. Amendment of section 22, Tantil Naclu Act 17 @ I 961 .-In section 22
) . , . of the principal Act,-
> . (i) includirg the heading, for no:J " C:,ai;r>an ", wherever
ILIC

it occuis, the words " Managing Director " shall be substitated ;

j (ii) in sul-section (2),-
' /
(a) the figures " 23 " shall be ornitlid ;
(b) in ~ h cprclviso, in clause (c), for the word " Chairman's "
\.
the wcrds " Mi~nilgingDirector's " shall be substituted ;
(iii) in sub-section (4), fcr the word " Chairmen's ", the words
" Managing Director's " shell be substituted.
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- ,
.WB#dlL W D U GOVERNMENT GAZETTE EXTRAORDINARY J
r n . .

,24.Amendjnent of sectic n 138, Tamil Nadu Act 17 of 1961.-In section

-. 108 of the principal Act, in sob-section (9,
*
,-
'.
- ,
for the word " Chairman",
aewords " Managing IIircclor " shall be substituted.
25. Amndment of sectioti 109, T~lmilNacitr Act 17 of 1961.-In section
1Q9 of the principal Act, in sub-section (I), iu clause (a), after th9 words
2t
b .

d the Chairman ", the words "the Managing Director " shall be
.. inserted.
+-
"
-,

f. . ,
, - 26. h t d m e n t of section 122, Tomil N t h Ac: 17 of 1961.-In &0n
2
'122 of the principal Act, in sug-section (I), in clauses (c) and (4, for the
word " Chairman ", the words "Managing Director " shall be substi-
%.
.i

.. tuted.
j: 1 - 27. ~mbttdmentof sectioit 123, Tamil Nndi Act 17 oJ 1961.-In section
- , ; . J i
123, of the principal Act, for the word " Chairman ", the words
- , . " Managing Director " shall bc substitl~ted.
28. Amendnzatt oj sectiort 129, Ta~zilNadir Act 1 7 o f 1961.--In section
129 of the principal Act, in slausc (a), Tor tha w c r ~ l" Chairman ",the
words " Managing Direcrcr " shall be substjttited.
,
: 29. Arnenhent o/sectioit 131, Xuvil Nndr Act 17 of 1961.--bisection'
. - 134 ~f the principal Act,-

. . (a), after the word " Chairman ", the wolds " and
in
the Managing ~rcctor" shall be inserted ;
$1. -
.. (ii) in clause (c), after the word " Chairman", in two piaces where
*$\
-- -
\-,

ft occurs, the words " or the Managi~lgDirector " shall be iilserted.

Nodr Act 17 of 1961.-In section

- ' . (ikin t&kading,for the: wold "IChairmaa ",the words "Managing

-3~.&it&tor:t-.khqll*be subst tuted ; '-. . _..
. A
. ( + . : . . . . , \.
2' Chcirman ",'the words <
. ,

. A m e ~ ~ eof ~ ocf t1961.-1n section

n tiection 138, ~ a $ i lN ~ d u ~17 .-. ,. .
the principal Act, aftcr the words " Chairman or ",the words
Managing Director or " shall be inserted.
I

l
ion '139, Tamil "Nadtr Act 17 of -1961.-In
t . ' -\
.
(i) in the,heading, after the word " Chairman ", the wordsp or
Managing Director " shall bc inserted ;
;?h"*-,+;fii)for the &p~ession" (a) .the ~oard,orthe Chairman, or .. . +,
. w*?
, ,lev:. as J

(6) any oGczr or ~crvcntof the Board, z written document

signed in case (a) by the Chairman, and in case (b) by the said o e r
or servant ", the follow@g expressiotl shall be substituted, namely :-
: *, "
(i)the ~ ~ d a ror6 ' the ~&a~ix$birector;- dr "' ' - . $..* ' pe:4 ,-.rac.f;
&@Q& $. A d 3
+ + . a- s l

(b) the Chairman, or

(c) any officer or servant of the Board,
a written docunlent signed in case (a) by the Managing Director,
'

in case (b)by1 he Chairman, iiiid in case (c) bythe said officer or servant?
IWu.

mil, N,.;&
. Act
, d o t
17 of 1961.-In
. *

1 '.. .
4 '- -' . ' .L' , /

word " chairman *',the +or& uManagiq ' - .

Direc' --
shall be substituted ;
"

(ii) in sub-sections (1) and (Z), for the word " Chairman ", tho
,
,, - - "
"L .- r , words ,lCManaging Director " shall be substituted.
i -% ~ . a . w e - a . --
+ -+YC,

f ~* &L -* . f ' .
:
- .- .
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

- &j+;.
45. Amendment of section 160, Tamil Nadu Act 17 of 1461.-In section
- 160 of the priqcipal Act,-
(i) in sub-section (I), after the wolds " make rules ", the wolds
"'whether prospectively or retrospectively " shall be inserted ;
(ii) in sub-section (2), in clause LC), %r the word " Chairman ",
th$ words " Managing. Director " shall-be substituted ;
(iii)*tbr sub-section (4), the following sub-section shall be
substituted, namely :-
" (4) Every' rule made under this Act shall as soon as possible
after it is made, be placed on the table of the Legislative Assembly and
if, before the expiry of the session in which it is so placed cr the next
session, the Assembly makes any modification in any such rule or the
Assepbly decides that the rule should not be made, the rule shall there-
after have effect only in such modified form or be of no effect, as the case
may be so however, that sny such modification or annulment shall be
witholbt prejudice to the validity of anything previously done under that
rule.".
I
46. Amendment of section 161, Tanail h'adu Act 17 of 1961.-In section
161 of the principal Act, in sub-section (2), in clause ( d ) , for the word
" Chairman ", the words " Managing Director " shall be substituted.

47. Power to remove difficulties.-(ij If any difficulty arises in giving

effect to the provisions of the principal Act, as amended 5y this Act,
the Government may make suchorder not inconsistent with the provisions
, I of the principal Act, as amended by this Act, as may appear to them to
be necessay or expedient for the purpose of removing the difficulty :

Provided that no such order shall be made after the expiration of two
years from the date of commencement of this Act.
(ii) Every order made under this section shall, as soon as aftel
it is made, be placed on the table of the Legislative Assembly.

(By order of the Governor)

S . VADIVELU,
C~mmissionerand Secretary to Governnrent,
Law Department.
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I

.'

general information :-
ACT NO. 5 OF 1992. 1 I

BE it emoted by the Lgislative Assembly of the State of Tamil Nadu in

Forty-third Year of the Repablic of India as follows :-
fha
1. (1) This Act may be called the "famil Nadu State Housing Board (Amend- ~ i h o ~ t t i * R
ment and Validation) ~ o t ,1992.
(2) Sec~ions2 , 3 , 4 , 5 and 6 shall b z deemed to hzve come in:o force on the
22nd day of April 1961.

2. In section 39 of the ~ a m i Nadu

l State Housing Boad A a , 1961 (herein- Aa-tob ,. ,
after refered t o as the principnl Aot), for clause (a), the following clause shall be f9.
so bstituted, namely :-
" (a), the area relating t a the soheme ;". L

3. In seotion 49 of tbe prinaipal Act, in sub-section (I), in clzuse (b), the Amendmentof
expression " of the land which it is proposed to rcquire and " shall be omitted. --=tion49.
'
4. In section 53 of the principal Act, in sbb-secticin (3), in c l a s e (a), the Amendment of
words " or involves the acquisition of 2ny Iznd not previol~sly proposed to be oection 53. 1

acquired " shall be omitted.

mi I Nadu 5. 111 sec~ion56 of the principnl Act, in the first proviso, clause (b) s h ~ l lbe Amendment 0:
~rdinanc* omitted. section 56.
:o f 1992.
6. For section 70 of the principal Act, the following section shall be sub3ti- Sub$tutionof
tuted, namely :- adron 70.
:
" 70. Potver to aiquire land under the Land Acquisition Act.-(1) Any land or
any interest therein required by the Board for the parpose of framing or exeouting I
any housing or improvement scheme or for any other purposes of this Act, may be
acquired under the provisions of the Land Acqdis;:ion Aot, 1894.
(2) Notwithstanding anything contained in this Act, proceedings under the
Land Acquisition Act, 1894, may be taken for acquiring zny lznd or any interest
thereln under sub-section (I), even before fr~.mingany housing or improvement
soheme ".
7. Natwithstanding anything conteincd in the principal Act or in any other W?d8tion-
law for the time being in force or in any judgment, decree or order of any court
or tribunal or other authority, any proceeaing which has been taken by the Tarnil
Nadu State Housing Board or by the State Government or by any other authority
under the principal Act read with the provisions of the Liind Acquisition Act, 1884,
before the 10th Jonuary 1992, for acqdring any land, before framing any housing or
improvement scheme under the principal Aot,including any such proceeding pending ,
before any c ~ u r ot r tribunal or other authority on the 10th January 1992, shall be
deemed to be, and shall be deemed alwzps to have been, validly taken in ackordailce
I with law, as if the prinoipal Act, asamended by thjs Act, had been in force at all
material times when suah proceeding was taken and no suit or other legal procee-
ding shall be maintained or continued against the Tamil Nadu State Housing Board
or the Stato Ciovernmont or any other authority whatacever on the ground that
cuah proceeding H a o not taken in accoraance vrit h 1t.w.
8 . (I) The lam11 Nadu State Housing Board (Aneaclmmt and validation)
Ordinance, 1992 is hereby repealed.
x*b
(2) Nqtwithstanding suah ?repeal, anything done or any aotion t a k a under - 1'
I the prinoipl Aot, as amended by the said Ordinanoe, shall be deemed to have beer
dona or taken under tbe or~no:pdlAot, 31 amended by this Act,
(BI. adar d &a 001!pm4;
I

YD. L S I m 9

fl--d.Sllr.. 4- lYrw..~.unt
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The following Act of the Tamil Nadu Legislative Asserrbly recelved the assent of
the Governor on the 4th November 2007 and is hereby published for general

A n A c t further to amend the Tamil Nadu State Housing B o a r d Act, 1961.

:I
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-eighth Year of the Republic of l n d ~ aas follows.-

Short 11tleand 1. ( 7 ) This Act may be called the Tamil Nadu State Housing Board
commence- (Amendment) Act, 2007

-men1 :
(2) It shall come into force on such date as the State Government may,
by notification, appolnt.

Inse,rt~onof 2. In the Tamil Nadu State Housing Board Act, 1961, after section 31, the Tad
ney section following section shall be inserted, namely:- Ad
31-A 196
''37-A Power- of Board to undertake housing or improvement Schemes
through Joint Venture Project or Public Prrvate Partnership Scheme.-The Board
may execute any housing or improvement scheme through Joint Venture Project
or Public Pnvate Partnership, as the case may be, with the approval of the Government
for each such scheme
Explanation.-For the purpose of this section, "Joint Venture Project or Public
Private Partnership Scheme" means participation of the Roard with private person
or company procured through a transparent and open procurement system for
executina anv housina or im~rovement scheme including commercial complexes,

S. DHEENADHAYALAN,
Secretary to Government-in-charge
Law Department.