TRIPURA HOUSING BOARD
(AMENDMENT) ACT, 2007 THE TRIPURA HOUSING BOARD (AMENDMENT) ACT, 2007 [Act No. 7 of 2007] [ 25th April, 2007] AN ACT To amend the Tripura Housing Board Act, 1978 Be it enacted by the
Tripura Legislative Assembly in the fifty eighth year of the Republic of India as
follows :- (1)
This Act may be called the Tripura Housing Board (Amendment) Act.
2007. (2)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint-. In the Tripura Rousing
Board Act, 1978 (herein after referred to as the Principal Act) in Sub- Section
(1), of Section I for the words "The Tripura Housing Board" in the
short title, the words "The Tripura Housing and Construction Board"
shall be substituted. In the Principal Act after
sub section (3) of Section I the following sub-section shall be inserted,
namely : "(4)
The assets and liabilities of the Housing Board shall stand vested and
transferred to the 'Tripura Housing and Construction Board' with effect from
the date of notification made by the Stale Government for the purpose of this
Act". In the Principal Act. (1)
For Sub Section (1) of Section-2 the following shall be
substituted. namely: (2)
'Board' means the Tripura Housing & Construction Board
constituted under section 3 under the administrative control of Public works
Department (PWD), Government of Tripura"; (3) ?Sub-Section (3) of Section 2 shall be deleted. (4) For
Sub-Section (6) of Section 2 the following shall be substituted, namely;
"(6) Chief Executive Officer (CEO) means the CEO appointed under section
12." (5) For
sub-section (7) of section 2, the following shall be substituted
namely-"(7) 'housing scheme' wherever it occurs in the Act, shall mean and
be read as 'Housing and Construction works' and 'Construction work' means
various types of construction works including building, road and bridges
undertaken on behalf of Government Departments & any other
organizations". (6)
For Sub-Section (11) of Section 2 the following shall be
substituted, namely-"(11) municipality' means Agartala Municipal Council
& any Nagar Panchayets (including a notified area) constituted under the
Tripura Municipal Act, 1994 as extended to whole of Tripura". In the principal Act for
Sub-Section (1) of section 3, the following shall be substituted, namely; "(1)
The state Government shall, by notification in the official Gazette, constitute
for the purpose of this Act, a Board by the name of the Tripura Housing and
Construction Board (THCB)". In the Principal Act, for
Sub-Section (1) of Section 5 and the explanation thereof, the following shall
be substituted, namely : "(1)
The Board shall consist of a Chairman who shall be the Minister in-charge of
Public Works Department (PWD) of the State Government and the Vice Chairman to
be appointed by the State Government and with such other officers and
non-official members not less than seven and not exceeding ten. as may be
appointed by the State Government. Out of the non-official members at least one
shall be belonging to the Scheduled Castes and one belonging to the Scheduled
Tribes. The Secretary, PWD, the Chief Engineer, PWD(R&B), the District
Magistrate &. Collector, West Tripura and the CEO, THCB will be the Ex-officio
members of the Board. Explanation:- In this Sub
section, the words 'Scheduled Castes' & 'Scheduled Tribes' shall have the
same meaning as assigned to them under clauses (24) & (25) of Article 366
of the Constitution of India". In the Principal Act for
Sub-Section (b) of Section 8 the following shall be substituted, namely
:"(b) is absent without the permission of the Board in three successive
Meetings." In the Principal Act for
Sub-Section (1)& (2) of Section 12, the following shall be substituted,
namely : (1)
The Board shall have a CEO and such other Officers and employees
as the Board may consider necessary for the efficient performance of its
functions. (2)
The appointment of the CEO shall be made by the State Government
and the appointment of other Officers and employees of the Board shall be made
by the Board : Provided that Board shall
not appoint any official with the total emoluments exceeding Rs. 10,000/- per
month without obtaining the previous sanction of the State Government." In the Principal Act, for
Sub-Section (a) and (d) of Section 15 the following shall be substituted,
namely: (a)
an ordinary meeting of the Board shall generally be held at least
once in every three months. (b)
every meeting shall be presided over by the Chairman and in his
absence by the Vice- Chairman and in the absence of the both by a member chosen
by the Chairman." In the Principal Act, for
Sub-Section (1) of Section 16 and the provisos thereto, the following shall be
substituted, namely : (1)
Every contract made by the Board shall be entered into in such
manner and in such form as may be prescribed and be signed by the CEO on behalf
of the Board. Provided that ? (a)
No contract involving an expenditure of rupees five crores or more
shall be made without the previous sanction of the State Government. (b)
The Board shall have full power to approve contract for execution
of works costing rupees five crorc or less. (c)
In case of urgency, Chairman may approve any contract of rupees
ten lakhs and below without previous sanction of the Board, but shall be
referred to the Board at the earliest opportunity." (i) for
Sub-Section (1) of section 19 of the Principal Act. the following shall be
substituted, namely: (ii) Subject
to the provisions of this Act the Board may, from time to time. incur
expenditure and undertake works for the framing and execution of Housing
Schemes and Construction works. Such Housing Schemes and Construction works may
include own works of the Board and works to be entrusted by the Government
Departments. Autonomous Bodies/Semi Autonomous Bodies and other organizations
etc." (iii) for
Sub-Section (3) of Section 19 of the Principal Act, the following shall be
substituted, namely: (iv)
?The Board may, on such
terms and conditions as may be agreed upon and with the previous approval of
the State Government, take over execution of any construction works, on behalf
of local authority for building houses, offices, markets, hospitals, roads,
bridges and such other constructions." In the Principal Act in
section 20.after clause- (k) clause (l) shall be inserted, namely: "(1) successful
implementation of the Construction works including all sub-heads as envisaged
in the project proposal including any or all of the matters in clauses (a) to
(k) above." In the Principal Act, for
clause (i) of sub-Section(2) of Section 21, the following shall be substituted,
namely:"(i) the housing schemes and other Construction works which the
Board proposes to execute whether in part or in whole during the next
year." In the Principal Act, for
sub-Section (1) of Section 32, the following shall be substituted, namely : "(1)
The Board shall have a fund to be called the Housing & Construction Board
fund." In the Principal Act, after
Sub-Section (3) of Section 45 the following shall be inserted, namely : "(4)
The State Government may, by notification in the official Gazette, rescind or
modify any rule made under this section and thereupon, the rule shall cease to
have effect or be modified accordingly."
Preamble - THE TRIPURA HOUSING BOARD (AMENDMENT) ACT, 2007PREAMBLE