Provisions

Chandigarh Housing Board has been established by the Administrator, U.T., Chandigarh under Sec. 3 of the Haryana Housing Board Act, 1971, as extended to the Union Territory of Chandigarh by the Central Govt. in exercise of powers vested in it under Sec. 87 of the Punjab Re-organisation Act, 1966. As per Sec.3 the Board consists of a Chairman, a Chief Executive Officer (CEO) and 7 other members appointed by the Administrator and is a body corporate having perpetual succession and a common seal and having the power, inter-alia, to enter into contracts etc. Under Sec. 18 of the Act, the contract in the name of the Board is to be made by the C.E.O. or any other authorised officer.

Section 20 enjoins upon the Board to incur expenditure and undertake works for the framing and execution of housing schemes. The matters to be provided for housing schemes are enshrined u/s 21.

Section 74 empowers the Board to make Regulations by notification, with the previous sanction of the Administrator, inter-alia for the principles to be followed in allotment of tenements and for regulating the procedure and disposal of the business of the Board. Accordingly, the Board has framed Regulations namely Chandigarh Housing Board (Allotment, Management & Sale of Tenements) Regulations, 1979.

Regulation 6 prescribes the eligibility for allotment of dwelling units and empowers the Board for the cancellation of allotment and forfeiture of the entire paid amount for furnishing false information.

Regulation 17 empowers the Board to cancel the lease of any allottee or hirer on the ground of breach of any condition of allotment and to forfeit whole of the amount already paid.

As per Sec. 72-A, the appeal against the order of cancellation passed by CEO lies to the Chairman and second appeal lies to the Board which can be preferred within 30 days of the date of communication of the order.

Revision against any order passed by the CEO, the Chairman or the Board lies to the Administrator u/s 72-B.

Chapter VI of the Act empowers the ‘Competent Authority’ appointed by the Administrator to evict persons from Board premises on the grounds stated therein and to recover rent or damages as arrears of land revenue as also to the imposition of penalty for non-payment of the amount due. u/s 73, the Administrator, vide notification dated 22.1.1979 has made the Rules namely the ‘Housing Board Chandigarh (Eviction from Board Premises) Rules 1979’ which provide for inter-alia the manner of taking possession of the premises and for the assessment of damages for unauthorized occupation.

Appeal against the order of the Competent Authority can be preferred within 30 days to the District Judge Chandigarh

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