LexThe Haryana Rural Sanitation Board Act, 1972 (7 of 1972)
Haryana · state statute
Open in Lexace · Ask the AI about this act1972 : Haryana Act 71 RURAL SANITATION BOARD THE. HAliYANA RURAL SANITATION BOARD ACT, 1972 Sections 1. Short title, exrent and cornrnencemcnt. ?_. Uefit~ilions. CHAPTER I1 Gtablishment and Constitution of the Board 3. Eslahlishrnent and Constitution of Board. 4. Tenes of office and conditions of servicc, 5. Ad-hfic Chairman durirlp leavc. 6. Filling of vacancies. 7. Prucecdings prcsumed to be valid. 3. Sraff of [he Board. 3. Generzl tl~squalificarions of ilfficers and servan:~. 10. Power to make byc-larvs. 1 1 . Po;ver to make contract. 12. Execution of contrilc[s. 13. Dclcgation of Hoard's powers. CI-I APTER I i I finctioas and Duties of the Board 1 I. Functions and duties 01' the Bond, I 5. Prcpardrion and su5niission of pn\,grnmmc. hudgel and zsiahlishrnen~ Sul~cdulc. I b. Silnclion cd programme. btidgcr and eslablishrncnl Suhcdulc. L 7. Supplzrnzn~irg ~lrclgrammc and hudpcr. 1 22 RUR,~I.SAN~T:ITION LIC~ARD [I972 : Havana Act 7 20. Rccovery rlF cos~ ol achcmc. 21. Adjcdiuaticln of dispu~cs. CHAPI'ER IV Finance, Accoltals and Audit 22. Board's Fund. 33. r\pplictlrion of [he Fund. 24. Expenditure in the case of urgency, e!c. 25. Sthbvcnrioia and loans to Board. , . 26. Powcr of Board lo borrow. 27. Board to be a local surhori~y. 2P. Accr~un~s and audi~. 29. Concurrent and spcial audit of acctlunrs. 30. Transfer rjl' assers and liabiliries. CHAPI'ER V Miscellaneous Rcp01-1 srntisrics. rclurn and starcmenl. Notice of suit against Uoard. Members, Officcrs ar~d Servai~ts of noard tu hc public servanrs. tndemnlty. Power of cnrry. Yoivcr nl Govzrnincnt to ~ive directir,n to Bwrd. Dcfault in petfurrnance of Duly. Po\i+cr la make rules. Rtgislri~rit>n (IF docurnznch exccurcd on tiehdli ilf flonrrl. 4 1 . Powcr In !.cmovz ciiificu!lizs. L 1972 : Haryana Act 73 HljRAL SANI'TATION BOARD ITFIE' HAKYANA RURAL SANITATION HOARD - - ACT, 1972 (Received ilte assent clftlze Guvenzor- uf Elatymzn otr the 4th Febnlary, 1972, unrljirst publisltell ill [he Huqatz(i ~oveninretir Gazette (E-vtraordi~rary) of Feh.uary 9. 19721 I - Year I Short litlc Whe~her tcpealed or otherwise 1- nffccted by lesislniion 1 The Haryana ' -- Ruml Snnintion I3~;l.d .4c~ 1972 - ACT ro prrjvidc -fgr rlie estublishrrletri of u Rrrml S(r~~itutir)t 1 Bourd,tur at~t~utrgir~~ Water supply und preparillg und exec~rrirrg su~ticurioll scl~clltes i12 Subhu areas ill ilte Stute oj'Hut;vclrlu. RE it enacted by thc Legislature of the State of Flaryana in the ~wect~-secand Year nf rhc Republic of India as follows :- CHAPTER I . PRELIMINARY 1. (1) This Act may be called the Haryaria Rurill Sani~arion Sborr rirle. Board ACI, 1072. zxrenl and I cornmcnce- . 12) 11 exrcnds to at! Sahha areas in ~lle Stale ill' fIiu.yana. mc~ll. (3) It shall cnnre into fr~rce on such date as [he Governmcnt may by nori t'ication appoint in this behalf. 1 . Ft)r Starcmer~t of Object's and Reaso~~s, .FCC Hrrt;w~llrr Ga~~~~r7r1rrc~rrr Gr~zotr~ (Ex!r;tordin:\ry). datcd [he I21h J;~nuiiry. 1072. p~g1: 04. 1W2 : Haryana Act 7) RURAL SANITATION BOARD 125 , . . ,. (2) The Board shall be .a body corporate having perpetual succession and a common seal and shall sue or be sued and do dl such ; things as are necessary forxanying out the ., purposes of 'this Act. 4:,(.1) Every member shall hold-office during the pleasure of '; the Government. ,. ,,, , -. (2) The conditions of service of :the'.members shall be such as may ,be prescribed. , TO ,I I (3)i The salary and allo,w.ances to, the members shalI be paid out of the fund. . ,: .. ,. , (4) A member may- at any: time resign ,his ioffice by submitting his resignation to the Government: Provided that the redignation shall not take effect until it is , . accepted.: -' . , . -1 ... 5. During the absence of the Chairman on leaye orothenvise the Government may: appoint any person to act as Chairman and the person so appointed shall be deemed to-be the ~haihan for all purposes , . of this Act. r 6. If a vac& occurs in the offideof the Chairman ormember by death, resignation, removal or dtherwise, it-sball be filled by the , - Government by appointing a new Chairmiin or member, as the case may be. 11 .::,,:. ,, , . , -. . m. 7. No defect ,n rhe appointment of k) pcrson acting as Chairman ! or member shaI1,bbe. deemed to vitiate any act or proceedings of the ~oarh if'such act or proceedings are otherwise in .accordance with the -. provisions of this Act. 8. (I) The Board, may, with the prior approval of thc ~overnrne~t, appoint necessary staff .for the performance of the functions assigned to it under this Act : . . Provided that the Board. may wiih ;!he prior approval of the 1.: - , , '. I . .I. . Government appoint officers in he service df the ~obehhnent to attend tothe functions of the ~o&d in addition to their duties under the tiovernmenr. (2) Thc srsff apjxinicd ilndzr siib-szction (I) shdl bc paid , from the Fund of the Board slioh. remuneration as the Board may, with rhe prior approvai of the Goyernment, fix from time to rime. ,,., (3) . The . , Board may, by regulations ro be made with the ' previous sanction of the Government, prescribe conditions of service I;. i. ..: , of the staff. : -:!;: Terms of ofice and conditions of service. Ad-hoc Chairman during leave. Filling of vacancies. Proceedings presumed 10 be valid. Staff of he Board. General disqualifica- tions of officers and servants: Power to make bye- laws. Power to ' make contract. Execution of contracts. Delegarion of Board's powers. ,L;unct:ons and duries of Ihc Board. 126 RURAL SANITATION BOARD '1972 : Haryana Act 7 I ',, 9. 'NO person who has directly or indirectly any share or interest in ahy contract, by or on behalf of the Board;or in any employment under, by -&on, behalf 'of the Board; 'otherwise. than as an employee thereof,'shall,6e appointed or retained as an employee of the Board. 10. (1) The Board may make bye-laws, not inconsistent with this Act and the rules made thkiiuhder, prescribing the procedure for holding its meetings, for transaction of business thereof and such other matters which m'ay be necessary or 'expedient for the purpose of carrying out its duties and functions under this Act and submit the same for approval of the Government. .. . '. .j: (2) The ~overnment'ma~ approve the bye-laws with or I , . ,. , . wi t'hout modifications. ,,: . . . (3) All bye-laws approv,ed by the Government shall be 0, published in the Official Gazette. " . , . ., , . .: , I. 11. The Board may enter into aud or require the performance of all such contracts as it may consider necess-ary or expedient for carrying out the purposes of this Act., .I .. 'I . . , , 12. (1)~Every-contractshallbernadein thenameof theY3oa.d and shall be signed for and on behalf of the Board by the chairman .' : . Provided that no conbacr involving an expenditure or property bf the value of five-lakh rupees or more shall be made without the prehous sanction of the Government. ,.,. . f I ' (2)'~ver~ eontract shall, subject to the of this section, be entered into in such manner and form as'may be prescribed. .,. ' (3) A contract i;oi 1nad.e or execuiod as pxovided in this ., . section and the rulesmade thereunder shall not be binding on the Board. . 13. The Board may delegate its powers to the Chairman, member or any other employee with thc appro$d of the ~o~cmmen!. . . , . FUNCTIONS AND DUTIES OF Tm BOARD , . 14;- (4) It shali be iawfui for the Buxu mange LjOr the execuliu~ of any of the following types of schemes in a Sabha area, namely :- . . (a) water supply schemes ; (6) sewerage schemes: . , I, 1972 : Haryana Act 7f RURAL SANITATION BOARD 127 Provided that before arranging for the execution of any scheme within a Sabha area, the Board shall consult the Gram Papchayat of the area.concemed and obtain its concurrence to the scheme. , , (2) Any Gram Panchayat may request the Board to arrange for the execution of any of the schemes referred to in sub-section (I) within its area and rhe Board may, subject to availability of funds, make reasonable provision for executing such scheme. 15. (I) Before the first day of December in each year, the Board shall prepare and forward to the Government in such form as may be prescribed- 11 - 4.. (i) a programme. for the nejr t year ; , ,, . , , (ii) a budget for the next year ;' and . (iii) a Schedule of the staff already employed and to be . 'L employed during the next year. (2) The programme shall contain such particulars, as may be prescribed, of schemes which the Board proposes to execute w he1 her in part or whole during the next year. (3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next ye&. , .I 16. The Government may sanction the programme, budget and :the Schedule of the staff forwarded to it with such modifications, if any, as it deems fit. 1 " , . . , 17. The Board.may, at any time, during the year in respect of which a ;rograrmne has been sancLionad under section 16, iubmit a supplemen~ary programme and budgel and an addilional Schedule of rhe s1aT1, i1 any, Lo Lhe Govcnmcnl and Lhe provisions of seciiuri 16 shall -apply to such supplcmcntary programme and budget and additional Scneauie of the staff. 16. Tht: Boaru may, a1 any Lime, vary any programme sanciiuncd by the Government or part thereof : Preparation and submis- sion of program we. budget and eslablish- men t schedule. Sanc~ion ul programme, budget and cs- tablishment schedule. Supplernen- prt>eriimr,lr and burlgcr. Providcd that no such variation shall bc madc if it'irivolves an expenditure in excess of tcn per ccntum of ~hc amount as originally sanctioned for the execution of any scheme includcd in such programme or affects its scope or purpose. 128 RURAL SANITATION BOARD [I972 : Haryana Act 7 Execurion of 19. The schemes of the Board shall be executed through the schemes. Haryana Public Works Department, Public Health Branch. - \ Recovej' of 20. (1) It shall be lawful for the Boar@:to recover from a Gram cost of Panchayat, in such annual ihstalments !as1 ,may be decided upon by scheme. . .. agreement with the Gram Panchayat concerned, the whole or any portion of the expenditure incurred by the Board in the execution of any of the schemes under this Act within the Sabha area of 'the Gram Panehayat concerned. ,-. ;. . (2) If any Gram Panchay at fails to pay the amount asdecided upon, it shall be recoverable from the Gram Panchayat in the manner laid down in the LocaI ~uthorities Loans Act, 1914. Adjudication 21. If any dispute &ses between the Board and a Gtam Panchay at ~fdisputes. inrespectofthematterspmvidedforinthisAct,suchdisputeshallbe . ., referred to the Secretary to Government, Haryana, in the Local ~ovehen t Department whose decision thereon shall be final. ,CHAPTER IV. \ FINANCE, ACCOUNTS AND AUDIT Board's 22. (I) The Board shall have a fund called the RuraI Sanitation Fund. Board Fund. (2) The Board may accept grants, subven~hs, donations and gifts from the Central Government or Stace Government or a local authority or any individual or body, whether inc6rpomted or not, for all or any of Lhe purposes of this Act. (3) All moneys received by or on behalf of the Board under this Act, shall be urediled to the Fund. a .. ($I Excepi as otherwise directed by the Govcrnmcnl, all moneys and receipts specified in the foregoing provisions and forming part of the Fund shall be cieposi ted in the SLak Balk OF Indis lir in any Sc hediilcd Szzk or 2 ~n-o~crative Rank nr invcskd in such secbiiies as may be approved by the Government and shall be operated by suCh officers as may be authonsed b.) t!!e Board. fip1anation.- For the purposes of this section, a Scheduled Bank means a bank inculded in the Second Schedule to the Reserve Bank of India Act, 1934. ' . , I I. . I, - 1972 : Haryana Act 71 RURAL SANITATION BOARD 129 23. All property vesting in the Board including the Fnnd and all Applica~ion , other assets shall be held and applied for carrying out the purposes of this of the Fund- Act. , , b . I: 24. (I) Where in the opinion of the Board circumstarices of Expenditure extreme urgency have arisen, it-shall be lawful for the Board to incur incase of forcarryingoutthepurposesofthisActinanyyear,anexpenditureof wgencyletc. such amount as may be prescribed, not withstanding the fact that such expenditure has not been included in its programme or supplementary programme sanctioned by the Government or the variation of the programme made under section 18. (2) Where any sum is expended under sub-section (I), a report thereof indicating the source from which the expenditure is met shall be made by the Board as soon as practicable to the Government. (3) The Board may, within the budget sanctioned by the Government, approve appropriation from one head to another and from one minor head to another under the same major head noL exceeding such amount as may be prescribed and submit a statement of such mment. appropriation to the Go e. 25. The Government may, from time to time, make subventions or advance loans to the Board on such terms and conditions, not inconsistent with the provisions of this Act, as the Government may determine. ' 26. (I). The Board may, from time to time, with the previous sanction of the Government and subject to the provisions of this Act and to such conditions as may be prescribed in this bchalf, borrow any sum required for carrying out thc purposes of this Act, by rhe issue of debentures or otherwise. (2) All debentims jssucd by the Board shall be in such form as the Board mai with he sanction of thc Government determine from time'to time. - , (3) Evcry debenture shdl be signed by !he Chairman and cirie other liikiiibei, if there is aiq. (4) L,oans hnrrnwed and dekn!i.~~cs issnrd under this section along with interest, may be guaranted by thc Govcmment. 27. The Board shall be deemed to bc a local authority for the purposes of the Local Authorities Loans Act, 2914. Subventions and loans to Board. Power of Board lo borrow. Board to be a local aurhor~ty 130 RURAL SANITATION BOARD El972 : Haryana Act 7 Accounts and audil. Concurrent and special audit of accounts. Transfer of assets :and liabi!i ties. 28. (1) The Board shall cause lo be maintained proper books of accounts and such other books as thc rules made under this Act may require . and shall prepare in accordance with such rules an annual statement of accounts. (2) The Board shall cause its accounts to be audited annually - by such person or agency as the Government,may direct. (3) As soon as the accounts of the Board have been audited,' , the Bod-shall send a copy thereof together with a-copy of the repon of the auditor thereon to-the Government; and shall cause the accounts to be pblisea in the prescribed manner and put on sale copies thereof at cost pice. (4) The Board shall comply with such directions as the Government may, after perusal of the report of the auditor, think fit to issue. 29. (1) Notwithstanding anything contained in section 28, the Government may order that there shall be concurrent audit of the accounts of the Board by such person or agency as it thinks fit. The Govemment may also direct a special audit to be made by such person or agency as it thinks fit of the accounts of the Board relating to any particular transacti,on or a class'of series of transactions or 16 a-particular period. (2j Where an ordei is made-under sub-secrion (1), the Board ' shaII present or cause to be presented for audit such accounts and shall furnish to the person or agency appointed under sub-section (I) such infomiation as he or it may require for the purpose of audit. 30. (1) The Government may transfer to the Board on such terns and condtions as the Govemment may deem fit to impose, building, land or any other property, movable or immovable, for use hil management , . ,- by the Board for the purposes of this Act. (2) The Government may transfer to the Board for the purposes of this Act, subject to such tcrms and conditions as [lie Government may deem fit to impose such schemes or works in progress, with all their assets and liabilities as arc xn ar managcd by the Government. . , , . CHAPTER V MiSCEiiG~dEGtJS 31. The Board shall submit to the Govemment such reports . statistics, returns or statemenrs of such matters and in,such form and manner as may be prescribed or as (he Government may rrom time to time direct. 1972 : Haryana Act 71 RURAL SANITATION BOARD 131 32. No person shall institute any suit against the Board or against Notice of any officer or servant of the Board or any person acting under the orders suit against of the Board, for anything done or purporting to have been done in Board. pursuance of this Act without giving to the Board, officer or servant or person concerned two months' previous notice in writing of the intended suit and of the cause thereof. . - 33. AH members, officers and seyan ts of the Board shall be Members. deemed, when acting or purporting to act in pursuance of any of the Omcen and Servants of provisions of this Act, to be public servants within the meaning of Bodlobe section 21 of the 1ndia" Penal Code. pubIic . 34. No suit, prosecution or legal proceedings shall lie against Indernniry. my person for anything which is in good faith done or purported to be . . done under this .Act. 35. The Chairman may authorise in writing, any person either power of generally or specially to enter into or upon qy land, in order to- enq. (a) make inspection, survey, measurement, valuation or . inquiry ; : "I (b) take levels ; .,dm:t-, - (c) dig or bore into the sub-soil ; .(d) set up. boundaries and intended Iines'of work ; , - (e) cut trenches ; or (fl do ky other thing, whenever it is necessary lo do so, for any of the purposes of this AC'~ or any rules made or schemc sanctioned thereunder : . . Provided that- ,. - - (ii) no dwciling house andno public building which is uscci .. -- 2s a dwe!!i~---]scc, b r- shall k. sc! efirered, er.c~n!?virh - r !!IC consent of the occupier thercof, and without giving iIle said occupicl- ai least iwenty-four hours' noiice to make such entry; (iii j sufficicn t notice shall in every instance bc given, even when any premises may otherwise be entered wi thou1 4 RURAL SANITATION BOARD [I972 : Haryana Act 7 Power of Government ro give direction to Board. Default in performance of duty. , Power ro make rules. notice; to enable the inmates of any apartment occupied by women to remove themselves to some , part of the premises where their privacy will not be disturbed ; (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usagesoftheoccupantsofthepremisesentered~,, -, 36. The Government may give to the Board such directions a; in,, its opinion are necessary or expedient for carrying out the purposes of:, ' this Act. After giving an opportunity to the Board to state its objections, if any, and after considering the said objections, the Government may drop, modify or conMm the directions whereafter it shall be the -duty of the Board to comply- with such directions. 37. (1 ) If the Government is satisfied that the Board has defaulted in performing any duty or function imposed on it by or under this Act, it may fix a peridd for the performance of such duty or function by the Board. (2) If in the opinion of- the Government the Board fails or neglects to perform such duties or functions wihn the period so fixed, it shall be lawful for the Government, to supersede and reconstitute a the Board. (3) After the supersession of the Board and until it is reconstituted, 'the powers, duties and functions of the Board and the Chairman under this Act shall be carried on by the Government or by such officer or oficers as the Government may appoint in chis behalf. 38. (1) The Government may, by notificalion and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particutar and without prejudice to thc generality nf the foregoing power, such rules may be made for all or any of the following purposes, nmcly ;- (rr) the salary, ;~lloti~\lanccs and conditions of service of members under section 4 ; jh) the manner and forin in which contracts shall bc entered info unde~' section 12 ; (c] the forms of annuat programme, budget and schedule of staff of officers and servants, particuaIrs of schemes 1972 : Haryana Act 71 RURAL SAN~TATION FUND 133 and other partiuclars to be contained in thc programme undcr sect ion 15 ; (dl the conditions subject to which the Board may borrow any sum under section 26 ; jej ~hc manner of prcpuration, maintenance and pub!icalion of accomts under cectior! 38 ; (f) the form and manner in, and themmatters on which reports, statistics, returns or statements shall be submitted under section 31 ; and (gJ any other matter which is to be or may be prescribed under this Act. (3) Every rule made under this section shall be laid, as soon as may be. after it is made, before the State Legislature while it is in session for a total period of ten days which may be comprised in one session-or in two or more successive sessions, and~if; before the expiry of the session in which it is so laid oi the successive session aforesaid, the Legislature agrees in making any modi Acaiton in the rule or the legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no cffect, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the vaIidty of anything previously done under that rule. 39. (I) Notwithstanding anything contained in the Indian Registration Registration Act, 1908 (Central Act XVI of 19081, it shall not be of docurnens necessary for the Chairman to appear in pcrson or by agent at any exwit* On registration office in, any proceedings connected with registration of behalf of Board. any instrument executed by him in his official capacity on behalf of the Board or to sign as provided in section 58 of that Act. (2) Where any instrument is so executed, the registration officer to whom such instrument is presented for registration may, if he thinks fit. refer to the Chairman for information regarding the same and on bcing satisfied of the execution thereof, shall register the instrument. 40. (TI The Govcmment may by notification dissolvc the Roard Dissolu~ion from such date as may be specified by notificatjon. of Board. . , 134 RURAL SANITATION FUND [1W2 : Haryana Act 7 (2) With effect from the date specified by notification undcr sub-section (I),- ,, . ,r .. (a) all properties,' funds and dues whch are vested in and realizable by the Board shall vest in and be realized by the Government ; and , . I (b) , allliabilities shall be enforceable against the Government to the extent of the properties, the-Fund and dues ' vested in and realized by. the Govemment. (3) Nothing in this section shall effect the liability of the Government in respect of loans or debentures guaran tmd under sub-sec tion (4) of section 26; or the interest thereon. ,. Power lo " 41. If any &fficulty arises in giving effect to the of remove dificullies. this Act, the ~o~eknr-m~~ by brd& do an);thing not inconsistent withsuch provisions which appears toii to be necessary or &pedieiii for the purpose of removing the difficulty.