Chandigarh Housing Board has been established by the
Administrator, U.T., Chandigarh under Sec. 3 of the
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
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.