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THE RAJASTHAN HOUSING BOARD ACT. 1970
THE RAJASTHAN HOUSING BOARD ACT. 1970
(Act No.4 of 1970)
Received the assent of the Governor on the 18th day of April 1970
An Act Provide for measures to be take to deal with and satisfy the need of using accommodation in the state Rajasthan,
Be it enacted by the Rajasthan State Legislature in the Twenty
CHAPTER I
Preliminary.
1. Short title emtemt and commencement,
(i) This Act may be ailed the Rajasthan Housing Board Act, 1970.
(ii) It extends to the whole of the state of Rajasthan.
2.Definitions- In this Act, unless the context otherwise esquires,-
(1) "Adjoining area" means such area as may be specified ti be an adjoining area under section 28 of this Act;
(2) "Board means the Rajasthan Housing Board constituted under section 4 o of this Act;
(3) "Board premises" means any promises belonging to, or vesting in the Board or taken on lease by the Board or any premises which es entrusted to or in the possession or control of the Board for the purposes of this Act;
(4) "Building materials '' means such commodities or articles as are specified by the state Government by notification it be building materials for the purposes of this Act;
(5) "Byelaws'' means bye-laws made under section 54 of this Act:
(6) "Chairman" means the Chairman of the Board:
(7) "Committee" means any committee appointed under section 19 of this Act;
(8) "Government or State Government" means the Government of the state of Rajasthan;
(9) " Housing Commissioner" means the Housing Commissioner of the Board;
(10)"Housing Scheme" means a housing scheme framed under this Act and includes a scheme for the development of land required for the purposes of the scheme;
(11)"land " includes benefits to arise out of land and tings attached to the earth or permanently fastened to anything attached to the earth;
(12)"local authority" includes a Municipal Board established under section 7 of the Rajasthan Municipalities Act 1959 (Act 38 of 1959), a panchayat established under section 3 of the Rajasthan Panchayat Act, 1953 (Act 21 1953) or a Punchiest Semitic of a zeal Paris had respectively constituted under section 7 and 42 of the Rajasthan Panchayat Semites and Zola Parish ads Act,1959 (Act 37of 1959);
Explanation:- The expression "Municipal Board" wherever used in this Act, shall be deem end to include a Municipal Council or any other Municipal authority:
(13)"master plan" means, the master plan prepared as approved for any urban area in accordance with the provisions of Chapter II of the Rajasthan Urban Improvement Act, 1959 (Act 35 of 1959);
(14)"member" means the Chairman and other members of the Board;
(15)" notification" means a notification published in the Official Gazette;
(16)"premises" means any land or building or part of a building and includes,-
(i) The gardens, grounds and out-houses, if any, appertaining to such building or part of a building and
(ii) Any fittings affixed to such building or part of a building for the more beneficial enjoyment there of;
(17)"prescribed" means prescribed by Rules;
(18) " programme" means the annual housing programme prepared the Board under this Act;
(19)"regulation means regulations made under section 53 of this Act;
(20)" Rules" means rules made under section 53 of this Act;
(21)"Secretary" means the Secretary of the Board;
(22)"Trust" means the year commencing on the I st day of April and ending on the 31st of march.
3.All words and expressions used but not defined in this Act shall have the same meanings as are assigned to them by the Rajasthan Urban Improvement Act, 1959 (Act 35 of 1959) or the Rajasthan Municipalities Act, 1959, (Act 35 of 1959) as may be relevant in the context.
CHAPTER - II
Establishment of the Board
4. Establishment of the Board:-
(1) The State Government may, b notification in the Office Gazette, establish for the purposes of this Act a Board" with effect from such date as may be specified in the notification.
(2) The Boars shall be a body corporate having perpetual succession and a common seal with power ton acquire, hold and dispose of property both movable and immovable and to enter into contract and may by its corporate name sue and be sued and do all things and acts necessary for the proposes of this Act,
(3) For the purposes of this Act and the Rajasthan Land Acquisition Act, 1959 (Rajasthan Act xxiv of 1953), the Board shall be deemed to be local authority. Explanation:-The purposes of this Act referred to in sub-section (3) include the management and use of lands an building belonging to or vesting in the Board under or for the purposes of this Act and the exercise of its rights over and with respect to such lands buildings for the purposes of this Act.
5. Constitution of the Board :-
(1) The Board shall consist of a Chairman appointed by the state Government of following other members namely: -
(a) Financial Commissioner, Government of Rajasthan ex-Officio member:
(b) Secretary to Government, Town planning Department, ex- Officio member:
(c) Chief Town Planner and Architectural Adviser, ex-Officio member:
(d) six non-official members, appointed by the Government of whom one shall belong to the Schedule castes or Scheduled Tribes,
(2) The names of the Chairman and other members appointed under sub-section (1)shall be published in the Official Gazette'
(3) A non-official member of the Board may at any time resign his office by submitting his resignation to the state Government. Provided that the resignation shall nbot take effect until it is accepted the Government,
(4) The state Government may, by notification in the official Gazette, remove from office the Chairman or any other member who-
(a) is, or gas become, subject to any of the disqualification mentioned in section 7, or ,
(b) in the opinion of the state Government gas bee guilty of any misconduct or neglect or gas so flagrantly abused his position as to render is continuance as member detrimental to the interests there of the general public:
Provided that no person shall be removed from office unless he has been given an opportunity to show cause against his removal.
6. Term of office of the chairman and non-of final members.-
(1) The Chairman and the non-official members of the Board shall hold office for a period of three years from the date of their appointment as Chairman or as the case may be, other members. provided that the term of office of the chairman and the non- official members may be extended by the Government for a period not exceeding two years ,
(2) The Chairman and the non-official members shall on expiry of the term of their office be eligible for re-appointment.
7. Disqualifications for appointment on the Board.-
(1) A Person shall be disqualified for being appointed or for continuant as the Chairman or member of the Board; he-
(a) Has been convicted criminal court for an offence involving moral turpitude, unless such conviction has been set a side;
(b) is an undercharged in solvent;
(c) Is of unsound mind;
(d) Is an officer or servant under the Board?
(e) Has directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contractor employment with, by or on behalf of, the Board: or
(f) is a director or a secretary manager or other salaried officer of any incorporated company which gas any share of interest in any contract or employment with, by or on be hold of the Board.
(2) A person shall not, however, be disqualified under clause (c) or clause (f) of subsection (1) or be deemed to have any share or interest in any contract or employment within the meaning of those clauses, by reason only of his, or the incorporated company of which he a director, secretary. Manager or other salaried officer, having a share or interest in;
(i) any sale, purchase; lenses or exchange of immovable property or any agreement for the same.
(ii) any agreement for the loan of money or any security for the payment of money only;
(iii) Any newspaper in which any advertisement relating to the affairs of the Board is inserted;
(iv) The occasional sale to the Board up to a value not exceeding two thousand rupees in any any one year of any article in which he or the incorporated company regularly trades.
(3) A person shall not also be disqualified under clause (e) or clause (f) of sub-section (1) or be deemed to have any share or interest in any only of his being a share-holder of such company:
Provided that such person disclosed to the Government the nature and extent of the shares held by him.
Explanation:- For the purposes of clause (d) of sub-section (1) the Chairman or the Housing Commissioner shall not be deemed to be an officer or servant under the Board.
8. Remuneration to the Chairman and member:-
(1) The Chairman shall be paid such remuneration and allowances as may, from time to time, be fixed by the Government.
(2) Every member shall receive such allowances as may be fixed by the Government.
(3) The allowances to the members and the remuneration to the Chairman shall be paid from the fund of the Board.
9. Leave lf absence for the Chairman and appointment of an acting Chairman:-
(1) The Government may from time to time, grant to the Chairman such leave as may be admissible under the rules.
(2) Whenever there is a temporary vacancy in the office of the Chairman the Government may appoint a person to act as Chairman during the period of such vacancy and shall pay to such person such remuneration and allowances as may be fixed by them. The person so appointed shall be deemed for all purposes of this Act to be the Chairman.
10. Vacancy of a member:-If a member
(a) Becomes subject to any of disqualifications mentioned in section 7,
(b) Tenders his resignation in writing to the Government and the same is accepted, or
(c) Is a bent without the permission of the Board from three consecutive meetings of the Board?
He shall case to be member, from such date as the Government may declare.
11. Vacancy to he filled as curly as practicable:-
Any vacancy to the Chairman or a member of the Board shall be filled in as early as practicable and the term of such appointment shall be for the remainder of the term of the Chairman or the member as the case may be:-
Provided that date during any such vacancy, the continuing members may act, as if no vacancy gad occurred.
12. Proceedings presumed to be good and valid:-
No disqualification of or defect in the appointment of any person acting as Chairman or a member of the Board shall be deemed to vitiate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.
13. Temporary absence of members.-
If any member of the Board other than Chairman is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise not involving the vacation of his appointment, the state Government may appoint another person to officiate for gim and carry out his functions under this Act or any rule or regulation made there under.
14. Appointment of officers and servants and creation of posts-
(1) The Board shall have a Housing Commissioner an Architect, a Secretary, a Chief Accounts Officers and servants, as the Board may consider necessary for the efficient performance of its functions.
(2) The appointment of the Housing Commissioner, Secretary and Chief Accounts Officer shall be made by the Board, subject to the previous approval of the state Government and the appointments of other officers and servants of the Board shall be made by the Board.
(3) The Board shall have power to create any post on its establishment: Provide that no new post, the scale of pay of which exceeds on thousand and two hundred puppies per month shall be created by the Board, without the previous sanction of the state Government.
15. Conditions of service of officers and servant's –
The remuneration and other conditions service of the Housing Commissioner, Secretary Chief Accounts Officer and servants of the Board shall be such as may be determined by regulations.
16. Provident Fund-
The Government shall establish a provident fund for the Housing Commissioner, Secretary, Chief Accounts officer and others and servants of the Board and such provident fund shall be deemed to a be a Government Provident Fund for the purposes of the provident. Fund Act, 1925 (Central Act XIX of 1925) ,may be administered by such officers of the state Government, or of the Board as the state Government may specify in that behalf.
(2) The Board shall, in respect of each of its employees who is a subscriber to the said fund, pay into the said fund such portion of the contribution in such manner as the state Government may from time to time determine.
17. Preparation and maintenance of Schedule of establishment-
Before the first day of May of every year, the Board shall prepare and maintain a schedule of establishment as on the first day of April of that year showing-
(i) The number, designations and grades and scales of pay of the officers and servants (other than employees who are paid by the day or whose pay is charged to any temporary work), whom it considers necessary and proper to employ for the purposes of this Act;
(ii) The amount to be paid by the Board towards leave salary pension provident fund or any other purpose in respect of each such officer servant,
18. General disqualification of all officers and servants-
No person who gas directly or indirectly by himself or his partner or agent any share or interest in any contract, by or on behalf of the Board, or in any employment under, by or on behalf of the Board, or in an officer or servant.
19. Appointment of committees-
(1) Subject to any rules made in this behalf, the Board may from time to time appoint one or more Conations, and and in particular for the purpose of securing that the said unction's are discharged with the due regard to the circumstances and requirements of particular local areas.
(2) Any Committee appointed under sub-section (i) shall meet to discharge the functions assigned to it in such manner as may be directed by the Board.
Conduct of Business
20. Meeting of the Board-
The Board shall meet and shall from time to time make such arrangement with respect to the day, time, notice, management and adjournment of its meetings as it thinks fits subject to the following provisions namely:-
(a) an ordinary meeting shall be held once in every two months,
(b) the Chairman may, whenever he thinks fit, call special meetings,
(c) Every meeting shall be presided over by the Chairman and in his absence, by member chosen by the meeting to preside for the occasion.
(d) All questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote, and
(e) The minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose,
21. Temporary Association of persons with Board for particular purpose; -
(1) The Board may associate with itself, any person whose assistance or advice it may associate with itself, any person whose assistance or advice it may desire for carrying into effect any of the provisions of this Act:-
Provided that the number of persons so associated shall not be more than three (2) A Person associated with the Board under sub section (1) for any purpose shall have the right to take part in the deliberations of the Board relevant to that purpose, but shall not have the right to vote.
22. Power to make contracts:-
the Board may enter into and per from all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.
23. Execution of contract; - (1) Every contract shall be made or behalf of the Board by the Chairman;
Provided that:-
(a) No contract involving an expenditure of rupees ten laces at more shall be made without the previous to the state Government: and
(b) no contract involving expenditure of five thousand rupees the previous sanction of the Board.
23. Delegation of Board's power to sanction contracts: -
Subjects to any rule which the state Government may make in this beheld, the Board may by order direct that the power conferred on it under section 23 to sanction a contract shall be exercised by the Housing Commissioner or any other officer specified by it in the order.
25. Further provisions as to execution of contracts:-
(1) Every contract by the Chairman on behalf of the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed.
(2) A contract not exacted as provided in this section and the rules made there under shall not be binding on the Board.
CHAPTER - III
Housing Schemes
26. Powers and duties of the Board to undertake Housing Schemes:-
(1) Subject to the provisions of this Act and subject to the control of the state Government, the Board may, from time to time in our expenditure and undertake works in any area in which this Act is in force for the framing and execution of such housing schemes as it may consider necessary'
(2) The Housing scheme may be lf one of the following types of combination of any two or more of such types or of any special features hereof, namely: -
(a) a house accommodation scheme with special emphasis for the scheduled castes, scheduled tribes and other economically backward classes,
(b) a rebuilding scheme;
(c) a rehousing or rehabilitation scheme,
(d) a city or town or village expansion scheme;
(e) a commercial or commercial cum-residential scheme;
(f) an Urban renewal scheme including of slum clearance or slum improvement schemes;
(g) a subsidized industrial housing scheme; or
(h) any other scheme with the approval of the state Government.
(3) The state Government may, on such terms and condition as may tank flt to impose, entrust to the Board the framing and execution the Board shall thereupon undertake the framing and execution and such scheme as if it had been provided for by this Act.
(4) The Board may on such terms and condition as may bt agreed upon and with previous approval of the state Government, take over for execution any housing scheme on behalf of a local authority or co-operative society or on behalf of an employer when the houses are to be built mainly for the residence of his employees and the Board shall execute such scheme as if it had been provided for by this Act.
27. Ban on new construction or additions or alterations in the proposed scheme area:-
The Board shall as soon as it frames and decides to execute any scheme either at its own instance or at the instance of the state Government or a local authority, the state Government may , at the request of the Board , publish a notification the official Gazette giving particulars and specifications the scheme and declaring that Board has decided to frame and execute the scheme together with a notice inviting every person interested to see the detailed plans and specification of the scheme in the office of the board on any working day within one month of the publication of the notice and upon such publication of such notification together with the notice as aforesaid no person shall make any new constriction in the area covered any the scheme or make any additions or alterations in any existing structure in the scheme area without the written permission of the Board.
28. Matters to be provided for by housing schemes: -
Note with standing anything contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters namely:-
(a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme:-
(b) the laying or-re-laying out of any land comprised in the scheme:
(c) the distribution or redistribution of site belonging to owners of property comprised in the scheme;
(d) the closure or demolition of dwelling or portions of dwelling unfit for human habitation;
(e) the demolition of obstructive building or portions of buildings;
(f) the construction and reconstruction of buildings;
(g) the sales letting or exchange of any property comprised in the scheme;
(h) the construction and alteration of streets and back lanes;
(i) the formation of a reconstituted plot by the alteration of the boundaries of an original plot;
(j) the allotment of a plot to any owner dispossessed of his land in furtherance of the housing scheme;
(k) the transfer of ownership of a plot from one person to another;
(l) the reconstitution of two or more plots belonging to different persons into one plot wit out changing their boundaries and making them joint property with the consent of the owners of the original plots;
(m) the provision of draining, water-supply and lighting of the area included in the scheme;
(n) the provision of parks, playing-fields and open spaces for the benefit of any area comprised in the scheme or any adjoining areas, and the enlargement of existing parks, playing fields, open spaces and approaches;
(o) the reclamation or reservation of lands for markets, gardens, playing-fields, schools, dispensaries hospitals and other amenities in the scheme;
(p) the letting out, management and use, of the Board premises;
(q) the provision of sanitary arrangements required for the area comprised in the scheme. Including the conservation of, and prevention of injury of contamination to reverse or other sources and means of water supply;
(r) the provision of accommodation for any class of any class of inhabitants;
(s) the advance of money for the purpose of the scheme;
(t) the provision of facilities for communication and transport;
(u) the collection of such information and statistics as may be necessary for the purposes of this Act;
(v) any other matter for which in the opinion of the state Government; it is expedient to make privation with a view to provide housing accommodation and to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme.
Explanation:- For tee purposes of this section, the state Government may, on the recommendation of the Board by notification in the official Gazette, specify such area surrounding or adjoining the area included in a housing scheme to be the adjoining area.
29. Submission of budget to Board:-
(1) The Chairman shall at a special at a special meeting to be held in the month of January in each year, lay before the Board, a budged of the board, for the next year.
(2) Every such budget shall be prepared in such form as may be prescribed and shall make provision for.
(i) the housing schemes which the Board proposes to execute whether in part or whole during the next year,
(ii) The due fulfillment of all the liabilities of the Board, and
(iii) The efficient administration of this Act and shall contain a statement showing the estimated receipts, and expenditure on particulars as may be prescribed.
30.Board's sanction to budget. - The Board shall consider the budget laid before it under the last preceding section and sanction it with or without modifications.
31. Submission of sanctioned budget to state Government for approval.-
(1) Every budget sanctioned by the Board under the last preceding section shall be submitted to the state Government for approval. Within two months of the receipt to the budget, the state Government may approve the Budget as sanctioned by the state Government may deem fit.
(2) Where a budget is returned to the Board by the state Government for making any modification therein, the Board shall forth-with make such modification and submit the budget as so modified to the state Government, which may then approve it.
32. Supplementary budget- The Chairman may, at any time during the year for which a budget has been approved by the state Government lay before the Board a supplementary budget and the provisions of sections 28,29,30 and 31 shall apply to such supplementary budget,
33. Publication and execution of housing schemes. -After the budget is approved by the state Government the Board shall cause the housing schemes, in respect of which provision is made in the budget to be published in the official Gazette in such manner as may be prescribed and proceed to execute the schemes.
34. Variation of housing schemes.-The Board may at any time vary any housing schemes or any part thereof including in the budget approved by the state Government:
Provided that such variation shall be made if it involves an expenditure in excess of 10 per cent, of the amount as included in the budget approved by the state Government for the execution of any housing scheme or if it affects the scope or purpose of such scheme.
35. Transfer to the Board for purposes of housing scheme of land vested in a local authority:-
(1) Whenever any strict, square or other land, or any part thereof, situated in any area of a local authority and vested in authority is required for the purposes of any housing scheme included in the budget approved by the State Government, the Board shall give notice to the local, or any part there of as the case may be.
(2) Where the local authority concurs such street, square or other land, or part thereof, shall vest in the Board.
(3) Where there is any dispute the matter shall be referred to the state Government, the State Government shall after hearing the local authority concerned, decide the matter. The decision of the state Government shall be final if the state Government decides that such treat, square, land, or part there shall vest in the Board, it shall vest accordingly.
(4) The vesting of street, square, land or a part thereof under sub-section (2) or (3) of the section shall be notified in the official Gazette.
(5) Nothing in this section shall affect the duties and obligations of the local authority in respect of such street, square or land and the local authority concerned shall be liable to render all the municipal services usually provided by it in the land vested in the Board under this section notwithstanding such vesting.
36.Powar of Board to turn or public street vested in it.-
(1) The Board may turn divert discontinues the policies of, or permanently close, any public street or a part thereof vested in it,
(2) Where the Board discontinues the public use of, or permanently closes, any public street or any part thereof vested in it, it shall, as far as practicable, provide some other reasonable means of access to substituted in lieu of the use, those entitled, of the strict or part thereof,
(3) When any public street vested in the Board is permanently closed under subsection (1) the Board may sell or lease so much of the same as is no longer required.
37. Vesting in local authority of streets laid out or altered and open space provided by the Board housing scheme.-
(1) Whenever the state Government is satisfied.
(a) That any strict laid out or altered by the Board has been duly leveled paved, medalled, flagged channeled, severed and drained as required for any housing schemes approved by the state Government under section 31,
(b) That such lamps, lamp-posts and other apparatus as the local authority concerned coddlers necessary for the lighting of such street and as ought to be provided by the Board have been so provided and.
(c) That water and other sanitary conveniences have been duly provided is such street, it may declare the street shall thereupon vest in the local authority concerned and shall thenceforth be maintained, kept in repair lighted and cleaned by the local authority concerned.
(2) When any open space for purposes of ventilation or recreation gas been provided by the Board in executing any housing scheme the Board may at its option by resolution transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in, and be maintained at the expense of the local authority:
Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay-out such space and provide foot-paths therein and if necessary, to provide lamps and other apparatus for lighting it.
38. Other duties of the Board. -
(1) It shall be the duty of the Board to take necessary measures to maintain, allot, lease and otherwise use the Board premises and to collect rents, compensation and damages in respect thereof.
(2) The Board may, -
(i) Provide technical advice to the state Government and scrutinize projects under housing schemes in the area to which this Act extends when repaired by the state Government to do so;
(ii) Undertake research on various problems connected with housing in general and find out in particular the economics methods of constructing houses suited to local conditions;
(iii) Undertake comprehensive surveys of problems of housing; and
(iv) Do all things for -
(a) Unification simplification and standardization of building materials;
(b) Encouraging pre-fabrication and mass production of components;
(c) Organizing or undertaking the production of building materials for residential or non-residents houses, and
(d) Securing a steady and sufficient supply of workman trained in the work of construction of buildings.
39. Power to exempt schemes from provisions of sections 29 to 34.-
The state Government may by general or special order published in the official Gazette, exempt any housing scheme undertaken by the Board from all or any of the provision of sections 29 to 34 (both inclusive) subject to such conditions, if any, as it may impose or may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.
CHAPTER-IV
Finance, Accounts and Audit
40. Board's Fund,-
(1) the Board shall have its own fund.
(2) The Board may accept grants, subventions, donations and gifts from the Central or state Government or a local authority to any individual or body, whether incorporated or not for all or any or the purposes of it is Act.
(3) The State Government may every year make a grant to the Board to a sun equivalent to the administrative expenses of the Board.
(4) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land of any other kind of property sold by the Board shall constitute the fund of the Board.
(5) Except as otherwise directed by the state Government all moneys and receipts pacified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the reserve bank, invested in such securities as may be approval by the State Government.
(6) Such account shall be operated upon by such officers as may be authorized by the Board.
41. Application of the Fund.- All property, fund and all other assets vesting in the Board shall be held and applied by it subject to the provisions and for the purposes of this Act.
42. Expenditure in case of urgency.-
(1) Where in the opinion of the Board , circumstances of extreme urgency have arisen, it shall be lawful for the Board to make in any year:
(a) Recurring expenditure not exceeding twenty-five thousand rupees, and
(b) Non- recurring expenditure not exceeding on lack of rupees.
43. Subventions and loans to the Board.-
(1) The state Government may from time to time make subventions to the Board for the purpose of this Act on such terms and condition as the State Government may determine.
(2) The state Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with provisions of this Act as the State Government may determine.
44. Power of Board to Borrow.-
(1) The Board may, from time to time with the previous sanctions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
(2) The rules made by the state Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers or the life insurance corporation of India.
(3) All debentures issued by the Board shall be in such from as the Board with the sanction of the state Government may, from time to time, determine.
(4) Every debenture shall be signed by the Chairman and on other member of the Board.
(5) Loans borrowed and debentures issued under this section may be guaranteed by the state Government as to the repayment of principal and the payment of interest as such rate as may be fixed the state Government.
45. Accounts and audit.-
(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with rules an annual statement of accounts.
(2) The Housing Board accounts shall, from time to time once in every year be audited by the Examiner of local fund Audit in accordance with the provisions of the Rajasthan local fund audit Act 1956 (Rajasthan Act 28 of 1954).
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the state Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price.
(4) The Board shall comply with such direction as the State Government may, after perusal of the report of auditor, thin fit to issue.
46. Concurrent and special audit of accounts.-
(1) Notwithstanding anything contained in section 45, the State Government may order that there shall be a concurrent audit of the accounts of the Board by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks rit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.
(2) When an order is made under sub-section (1) the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under subsection (1) such information cause to be remedied the defects pointed out by such person, unless they are condoned by the State Government.
CHAPTER V
Miscellaneous.
47. Reports-
(1) The Board shall, before such date and in such form and at such intervals as may be prescribed, submit to the State Government a report on such matters as may be prescribed.
(2) The State Government shall as soon as may be, cause the report submitted by the Board to be laid before the House of the State Legislature.
48. Other statements and returns-
The Board shall also submit to the State Government such statistics returns, particulars, statements. Documents or parsers in regard to any proposed or existing scheme or relating to any matter or proceeding connected with the working of the Board at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct.
49. Power of entry.-
The Chairman or any person either generally or specially authorized by the Chairman in this behalf may, with or without assistants of workmen, enter into or upon any land in order-
(a) to make any inspection, survey, measurement, valuation or inquiry;
(b) to take levels;
(c) to dig or bore into the sub-soil;
(d) to set boundaries and interned line of work;
(e) to make such levels boundaries and lines of work and cutting trenches; or
(f) to do any other thing.
Whenever it is necessary to do so for any of the purpose of this Act or any rules made or scheme sectioned there under:
Provided that-
(i) no such entry shall be made between sunset and sunrise;
(ii) no dwelling house and no public building, which is used as a dwelling place, shall be so entered, unless with the consent of the occupier thereof and without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry;
(iii) Sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice to enable the imamates of any appropriated to females to remove themselves to some part of the premises where their privacy may not be disturbed; and
(iv) Due regard shall always be had, so far as may be compatible with the exigencies of this purpose for which the entry is made, to the social and religious of the occupants of the premises entered.
50. Notice of suit against Board.-
No person shall commence any suit against the Board or against any officer or servant of the Board or any person acting under the orders of the Board for any ting done or purporting to have been done in pursuance of this Act, without giving to the Board officer, or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained.
51. Valuation of assets and liabilities of the Board.-
The Board shall at the end of every five year have a valuation of its assets and liabilities made by a value appointed with the State Government ,
Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.
52. Power to make rule,-
(1) The State Government may by notification in the Official Gazette make rules for caring out the purposes of this Act.
(2) In particular and without prejudice to the generally of the foregoing power such rules may be made for all or any of the following purposes, namely:-
(a) The allowances of members and remuneration and condition of service lf the chairman;
(b) The rates of subscriptions and contributions and other conditions of the provident fund established under section;
(c) The manner and form in which contracts shall be entered into under section 25,
(d) The form of the annual budget to be laid before the Board under section 29 and other particulars to be contained therein;
(e) The manner of publication of housing scheme included in the budget under section 33.
(f) The conditions subject to which the Board may borrow any sum under section 44,
(g) The manner of preparation, maintenance and publication of accounts under section 45,
(h) The date before which, the form in which the interval at which and the matters in which reports shall be submitted under section 47,
(i) The time at which and the form and manner in which statistics returns particulars statements/documents and papers shall be submitted under section 48,
(j) The manner in which the Board shall be prescribed and reconstituted under section 61, and,
(k) Any other manner, which is or may be prescribed under this Act.
(3) All rules made under this Act shall be laid as soon as may be after they are so made, before the House of the State Legislature while it is in session, for a period of not less than 14 day which may be comprised in on session or in two successive sessions and, if before the empery of the session in which they are so laid or of the session immediately following, the House of the state Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified from or be of no effect, as the case may, so however that any such modification fr annulment shall be with out prejudices to the validity of anything previously done there under.
53. Power to make regulations. –
(1) The Board may, from time to time, with the previous sanction of the State Government, make regulations consistent with this Act and with any rules made under this Act18
(a) for the management and use of building constructed under any housing scheme,
(b) the principles to be followed in allotment in allotment of tenements and premises;
(c) the remuneration and conditions of service of the housing Commissioner and other officers and servants of the Board under section 15,
(d) for regulating its procedure and the disposal of its business.
(2) if it appears to the State Government that it is necessary or desirable for carrying out the purposes of this Act to make any regulation in respect of matters specified in sub-section (1) or to amend any regulation made under that sub-section it may call upon the Board to make such regulation or amendment within such regulation or amendment within the time specified, the State Government may itself make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been made by the Board under sub-section (1).
54. Power to make byelaws
(1) The Board may make byelaws not inconsistent with this Act which may be necessary or expedient for the purpose of caring out its duties and functions under this Act.
(2) A byelaw made under this section may provide that a contravention thereof shall be and offence.
(3) A bye-law made under this section may provide for any matter covered by a byelaw made under the Rajasthan Municipalities Act, 1959 (Act 38 of 1959) and on publication of such bye-law any bye-law made under section 90 of the Rajasthan Municipalities Act, 1959 shall case to have effect as respects the matters covered by the bye-law made under this section in the area where such bye-law shall apply.
(4) No bye- taw made by the Board shall come into force until it has been confirmed by the State Government with or without modification.
(5) All byelaws made under this section shall be published in the Official Gazette
55. Penalty for contravention of bye-laws.-
Whoever contravenes a bye-law made under section 54 shall, on conviction, be punished with fine imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
56. Penalty obstructing. - if any parson
(a) Obstruct, of molests any person with whom the Board has entered into a contract, in the performance or exaction by such person of his duty or of anything which he is empowered or require to do under this Act, or
(b) Removes any mark set up for the purpose of indicting any level or direction necessary to the execution of works authorized under this Act, he shall, on conviction be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with or with both.
57. Authority for prosecution, -
Unless otherwise expressly provided no Court shall take cognizance of any offence punishable under this Act except on the complaint of, of 19 upon information received from the Board or some person authorized by the Board by a general or special order in this behalf.
58. Members, officers and servants of the Board to be public servants.-
All members, officers and servants of the Board shall be deemed when acting or purporting to act any of the provisions of this Act, to be public servants within the meaning of section 21 of the innian penal code (Central Act 45 of 1860).
59. Protection of action taken under this Act.-
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.
60.Government's power to give directions to the Board –
The State Government may give the Board such directions as in its opinion are necessary or exponent for carrying out the purposes of this Act, and it shall be the duty of the Board to comply with such direction.
61. Default in performance of duty,-
(1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of the duty.
(2) If in the opinion of the State Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government notwithstanding anything contained in section 6, to supersede and reconstitute the Board in the prescribed manner.
(3) After the super session of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the State Government or by such officer or officers as the State Government may appoint for this purpose.
62. Dissolution of the Board.-
(1) The State Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved, .
(2) With effect from the date specified in the notification under sub-section (1)-
(a) all properties funds and dues which are vested in or realizable by the Board shall vest in and be realizable by the state Government.
(b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties funds and dues vested in and realized by the State Government.
(3) Nothing in this section shall affect the liability of the State Government in respect of loans of debentures guaranteed under sub-section (5) of section 44.
63. Repeal and Savings.-
(1) The Rajasthan Housing Board Ordinance, 1970 (Rajasthan Ordinance 3 of 1970) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to gave been done or any action taken or deemed to have been take in the exercise of any power conferred by or under the said Ordinance, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act. ck;mso-fareast-language: EN-IN'>4. Killing or catching or selling or attempting to kill, catch or sell any fish of a prohibited species during a close season.
5. Fishing or attempting to fish with any gear or method other than the prescribed gear or method.
6. Using at any one time more than one method of catching fish when prohibited under the rules made under this Act.
7. Licence holder employing or engaging non-licensees to help him with their nets while fishing.
8. Fishing or attempting to fish in prohibited waters.
9. Offering or exposing for sale or barter any fish, the sale of which is prohibited in any specified area by a notification issued under section 7.
