LexThe rajasthan housing board act, 1970
Rajasthan · state statute
Open in Lexace · Ask the AI about this act1 THE RAJASTHAN HOUSING BOARD ACT, 1970 (Act No.4 of 1970) [ Received the assent of the Governor on the 18 th day of April 1970] as amended by The Rajasthan Housing Board (Amending & Validating) act, 1984 (Act no 4 of 1984) [ Received the assent of the Governor on the 7th day of April 1984] and The Rajasthan Housing Board (Amendment) act, 2020 (Act No 12 of 2020) [Received the assent of the Governor on the 14 th day of April 2020] An Act to provide for measures to be take to deal with and satisfy the need of housing accommodation in the state of Rajasthan. Be it enacted by the Rajasthan State Legislature in the Twenty first year of the Republic of India as follows: CHAPTER-I Preliminary 1. Short title and commencement.- (1) This Act may be called the Rajasthan Housing B oard (Amendment) Act, 2020. (2) It shall come into force at once. 2. Definitions- In this Act, unless the context otherwise requires, (1) "Adjoining area" means such area as may be spe cified to be an adjoining area under section 28 of this Act; (2) "Board means the Rajasthan Housing Board const ituted 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 i s entrusted to or in the possession or control of the Board for the purposes of this Act; (4) "Building materials " means such commodities o r articles as are specified by the state Government by notification to be building mat erials 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 unde r section 19 of this Act; (8) "Government or State Government" means the Gov ernment of the state of Rajasthan; (9) Housing Commissioner" means the Housing Commis sioner of the Board: 2 (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 things attached to the earth or\permanently fastened to anything attached to the earth; (12) "local authority" includes a Municipal Board e stablished under section 7 of the Rajasthan Municipalities Act 1959 (Act 38 of 1959), a panchayat established under section 3 of the Rajasthan Panchayat Act, 195 3 (Act 21 1953) or a Panchayat samiti or a zila parishad respectively constituted under section 7 and 42 of the Rajasthan Panchayat Samities and Zila Par ishads Act,1959 (Act 37of 1959): Explanation:- The expression "Municipal Board" wherever used in this Act, shall be deemed to include a Municipal corporation, Munic ipal Council or any other Municipal authority: (13) "master plan" means, the master plan prepared and approved for any urban area in accordance with the provisions of Chapter II of the Rajasthan urban improvement act, 1959 (Ac 35 of 1959), (14 "member" means the Chairman and other members o f 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, () The gardens, grounds and out-houses, if any, appertaini ng to such building or part of a building and (i) Any fittings affixed to such build ing or part of a building for the more beneficial enjoyment thereof, (17)" prescribed" means prescribed by Rules (18) "programme" means the annual housing programm e prepared by the Board under this Act; (19) "regulations" means regulations made under sec tion 53 of this Act: (20) " Rules" means rules made under section 52 of this Act, (21) "Secretary" means the Secretary of the Board; (22) "Trust" means an improvement trust established under section 8 of the Rajasthan urban improvement act,1959(ACT 35 OF 1959); (23) "year" means the year commencing on the 1st d ay of April and ending on the 31st day 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 impr ovement Act, 1959 (Act 35 of 1959) or the Rajasthan Municipalities Act, 1959, (Act 38 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. by notification in t he Office Gazette, establish, for the purposes of this Act a Board to be called "The Rajasthan housing board', hereinafter called the "Board", with effect from su ch date as may be specified in the notification. 3 (2) The Board shall be a body corporate having pe rpetual succession and a common seal with power to acquire, hold and dispose of pro perty both movable and immovable and to enter into contracts and may by it s 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, 1953 (Rajasthan Act xxiv of 1953), the Board shall be de emed to be local authority. Explanation:-The purposes of this Act referred to i n sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or for the purposes of this Act and the exerc ise 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 appoint ed by the state Government and of the following other members namely: - (a) Financial Commissioner, Government of Rajasthan ' ex-Officio member; (b) Secretary to government, Town planning departme nt, ex-officio member; (c) Chief Town Planner and Architectural Adviser, ex-Officio member: (d) Housing commissioner of the board, ex officio m ember; (e) six non-official members, appointed by the Gov ernment of whom one shall belong to the Schedule castes or Scheduled Tribes, (2) The names of the Chairman and other members ap pointed 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 not take effe ct until it is accepted the Government. (4) The state Government may, by notification in t he official Gazette, remove from office the Chairman or any other member who- (a) is, or has become, subject to any of the disqu alification mentioned in section 7, or (b) in the opinion of the state Government gas bee n guilty of any misconduct or neglect or has so flagrantly abused his position as to render is continuance as member detrimental to the interests thereof the general public:- Provided that no person shall be removed from offi ce 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 t he Board shall hold office for a period of three years from the date of their appoin tment 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 4 (2) The Chairman and the non-official members shal l on expiry of the term of their office be eligible for re-appointment. 1 [7. Disqualifications for appointment on the Boar d.- A Person shall be disqualified for being appointe d or for continuing as the Chairman or member of the Board constituted under this act, if he- (a) is, or at any time has been, adjudged insolv ent, or (b) is, of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence whic h, in the opinion of the state government, involves moral turpitude, unless such c onviction has been set aside, or (d) is, or at any time has been, convicted of an offence under this act, unless such conviction has been set aside, or (e) is, an officer or servant of the board, or (f) has directly or indirectly by himself or by an y partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of the board, or (g) is a director or a secretary, manager or ot her salaried officer or employee of any incorporated company which has any share or interes t in any contract or employment with, by or on behalf of the board: provided that a person shall not be disqualified under clau se (f) or clause (g) or be deemed to have any share or interest in any cont ract or employment within the meaning of these clauses, by reason only of his, th e firm of which he is partner or the incorporated company of which he a director, se cretary, manager or other salaried officer, having a share or interest in- (i ) any sale, purchase, lease or exchange of immovabl e prop erty or any agre em ent for the same; (ii) any ag reem ent for th e loan o f mon ey or any s ecuri ty for the pa yment of money on ly; (iii ) an y ne wspap er in which any ad vertisement relating to t he affa irs o f the Boar d is printed or pu bli she d; or (iv ) th e occas ional s al e to the Board up to a value not exc eed ing two t ho usan d rupees in an y one year, of any ar ti cle i n whi ch he, the firm or the incorpora ted c ompany regular ly t rad es: Prov id ed further tha t a pers on shall n ot also be disqu alified un der clause ( f) or clause (g) or be deemed to have any share o r int eres t in an incorpora te d company wh ich has any share or in tere st in any contract or em ployment wi th , b y or on behalf of th e Board, by re ason only of his being a share ho lder of such co mpany if such person disclos e to th e Governmen t the na ture a nd ext ent of t he shares he ld by him. Explan ation.- For the purpose of clause (e), the Chairman or the Ho usin g Commissioner s ha ll not be deemed to be an officer or se rvant of the Boar d." 5 _______________ 1. Subs by act. No. 4 of 1984. Sec.7, before subst itution, disqualification for appointment on the board- (1) A person shall be disqualified for being appoi nted or for continuing as the chairman or member of the board; if he (a) has been convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside (b) is an undercharged insolvent; (c) is of unsound mind, (d) is an officer or servant under the board; (e) he has directly or indirectly, by himself or b y any partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of the board; (f) is a director or a secretary manager or other s alaried officer of any incorporated company which has any share of interest in any contract or employment with, by or on behalf of the board. (2) a person shall not, however, be disqualified u nder clause (e) or clause (f) of subsection (1) or be deemed to have any share or interest in any contract or emplo yment within the meaning of those clauses, by reaso n only of his, or the incorporated company of which he is a director, secretary, manager or other salaried of ficer, having a share or interest in; (i) any sale, purchase; lease oe exchange of immov able property or any agreement for the same; (ii) any agreement for the loan of money or any se curity for the payment of money only ; (iii) any newspaper in which any advertisement rel ating to the affairs of the board is inserted; (iv) the occasional sale to the board upto a value not exceeding tow thousand rupees in any one year o f 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 subsection (1) or be d eemed to have any share or interest in any incorporated company w hich has any share or interest in any contract or employment with by or on behalf of the board by reason only of his being a shareholder of such company. Provided that such person discloses to the governm ent the nature and extent of the shares hold by him,. Explanation- for the purposes of clause (d) of subsection (1) t he 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 a nd 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 remunera tion to the Chairman shall be paid from the fund of the Board. 9. Leave f absence for the Chairman and appointmen t 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 o ffice 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 remunerat ion 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 me ntioned in section 7, (b) Tenders his resignation in writing to the Gove rnment and the same is accepted, or (c) Is absent without the permission of the Board from three consecutive meetings of the Board. he shall cease to be member, from such date as the Government may declare. 6 11. Vacancy to be filled as early as practicable:- Any vacancy of the Chairman or a member of the Bo ard shall be filled in as early as practicable and the term of such appointment sha ll be for the remainder of the term of the Chairman or the member as the case may be:- Provided that during any such vacancy, the conti nuing members may act, as if no vacancy gad occurred. 1[12. Defect in the const itution or vacancy in Board not to invalida te ac/s or proceedings- No act or pr oceeding of the Board or any Co mm ittee thereof ap pointed b y it under section 19 shal l be deemed to be invalid or be c al led i n question merely on the gro und th at - (a ) all or som e no n-officia l members req uired to be appoin ted un der clause (e) of sub -section (1) of sec tio n 5 were not app ointed by the Gove rnment; or (b ) a membe r was or had become su bject to a ny disqualif ica ti on men ti oned in s ecti on 7; or (c ) there h as bee n any defect in t he appointment o f a person act ing as Chairma n o r a member of t he Board; or (d) there ar e one or more vacancie s in the membership o f th e B oa rd; or (e) there ha s bee n any procedural de fect or irregularit y in the c on duct of busines s at the meeting of the Boar d n ot affecting th e merits of the matt er under co nsideration at s uc h meeting.". ____________ 1. Subs by act. No. 4 of 1984. Sec.12, before substitution, 12. Proceedings presumed to be good and valid:- No disqualification of or defect in the appointme nt of any person acting as Chairman or a member of the Board shall be deemed to vitiate any act or proceed ing of the Board, if such act or proceeding is othe rwise 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 appoint ment, the state Government may appoint another person to officiate for him and car ry out his functions under this Act or any rule or regulation made there under. 14. Appointment of officers und servants and creati on of post:- (1) The Board shall have a Housing Commissioner an Architect, a Secretary, a Chief Accounts Officers and such other officers and serva nts, as the Board may consider necessary for the efficient performance of its functions. (2) The appointments o f 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: Provided that the board shall not appoint any offi cer in the scale of pay the maximum of which exceeds one thousand and two hundr ed rupees a month, without obtaining the previous sanction of the state government. (3) The Board shall have power to create any post on its establishment: 7 Provide that no new post, the scale of pay of whi ch exceeds one thousand and two hundred rupees per month shall be created b y 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 other officer s and servants of the Board shall be such as may be determined by regulations. 16. Provident Fund:- (1) The State Government shall establish a providen t 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, 19 25 (Central Act XIX of 1925) notwithstanding anything contained in section 8 the reof and such fund 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 em ployees who is a subscriber to the said fund, pay into the said fund such portion of t he contribution in such manner as the state Government may from time to time determine. 17. Preparation and maintenance of Schedule of est ablishment:- Before the first day of May of every year, the Bo ard shall prepare and maintain a schedule of establishment as on the first day of April of that year showing- (1) 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; (2) The amount and nature of the salary, fees a nd allowances to be paid by the board to each officer or servant; and (3) The amount to be paid by the Board towards lea ve salary pension provident fund or any other purpose in respect of each such officer servant, 18. General disqualification of all officers ad Se rvants:- No person who has directly or indirectly by himse lf or his partner or agent any share or interest in any contract by or on behalf o f the Board, or in any employment under, by or on behalf of the board otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the board. 19. Appointment of committees:- (1) Subject to any rules made in this behalf, the board may from time to time appoint one or more committees for the purpose of securing the efficient discharge of its functions, and in particular for the purpose of sec uring that the said functions are discharged with due regard to the circumstances and requirements of particular local areas. (2) Any Committee appointed under sub-section (1) shall meet to discharge the functions assigned to it in such manner as may be directed by the Board. 8 Conduct of Business 20. Meeting of the Board:- The Board shall meet and shall from time to time make such arrangements with respect to the day, time, notice, management and ad journment of its meetings as it thinks fits subject to the following provisions namely: (a) an ordinary meeting shall be held once in ever y two months, (b) the Chairman may, whenever he thinks fit, call special meetings, (c) Every meeting shall be presided over by the Ch airman 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 perso n 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 fo r particular purpose:- (1) The Board may associate with itself, any perso n 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 s ection (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. (3) The state government may, by order, depute it s representative to attend any meeting of the board and to take part in the delibe rations of the board, on such items or subject as the state government may specif y, but such representatives shall not have the right to vote 22. Power to make contracts:- The Board may enter into and perform all such cont racts as it may consider necessary or expedient for carrying out any of the purposes of this Act. 1[23. Making of contrac ts- (1) Every c ont ract on behalf of the Bo ard shall be made by the Chai rman or such of ficer or offi ce rs o f t he Board or by su ch Committee ap pointed by it as t he B oard may, by or der in writing , di rect or autho rize: Pr ovided tha t- (a ) no c ont ra ct i nv olving an expe ndi ture over and abov e suc h a mo unt as may, by not ification in the Offic ial Gaze tt e, be specifie d b y the S tate Gov er nment shall be made wit hou t the previous sanct ion of th e Stat e Governm en t; and (b) n o contr act in volv ing an ex pe nditure of ten thou sand rupees or more shall, sub ject to proviso (a) afor esai d, be made with out the previous sanct ion of th e Boa rd. (2 ) T he prov isions c ont ained in sub-sect ion (1) shall apply to e very var iat ion or abandon ment of contract or estima te as w el l as to an ori gin al contract or estimate." 9 ___________ 1. Subs by act. No. 4 of 1984. Sec. 23, before substitution, 23. Execution of contracts :- (1) Every contract shall be made on behalf of the Board by the Chairman; Provided that: (a) No contract involving an expenditure of rupees ten lacs and more shall be made without the previous sanction of the state Government: and (b) no contract involving expenditure of five thou sand rupees and more shall subject to clause (a) above, be made without the previous sanction of the Board. (2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate. 1[24. Delegati on of B oar d's power to san ct ion co ntract :- Subject to a ny ru le which the State Go vernment may make in th is behalf, the Board may, by ord er i n writ in g, direc t th at t he power conf err ed on it under section 23 t o san ct ion a contrac t sha ll, in such cases as may be specifi ed by it in the or der , be exercised by the C hairman or such officer or officers of the Board or by such co mmittee appoin ted by it as it may by such o rder dir ec t or authorise." . 1. Subs by act. No. 4 of 1984. Sec. 24, before substitution, 24 Delegation of Board's power to sanction contracts : Subjects to any rule which the state Government m ay make in this behalf, 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. 1[25. Execution of con tracts- (1) All co ntracts made on behalf of th e Boa rd shall be expre sse d to be made in the name of the board and all suc h c ontracts and al l assurance s of pr op erty shall be exe cu ted on behalf of the Boa rd by th e Chairman or by su ch officer or officers of the B oar d o r by such c ommitt ee appoint ed by it as h as been d irec ted or auth oriz ed by the Board to make cont ract o n i ts be half und er s ecti on 23. (2 ) A contract n ot expressed or execute d i n the manner provided in this se ct ion shall not be binding on the parties ma king the contract ." . ____________ 1. Subs by act. No. 4 of 1984. Sec. 25, before substitution, 25. Further provisions as to execution of contract s:- (1) Every contract by the chairman on behalf of the board shall, subject to the provisions of this sec tion, be entered into in such manner and form as may be prescribed. (2) A contract not executed as provided in this se ction and the rules made therunder shall not be bin ding on the board. CHAPTER - III Housing Schemes 26. Powers und duties of the Board to undertake Ho using Schemes:- (1) Subject to the provisions of this Act and subj ect to the control of the state Government , the Board may, from time to time incur 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 of one of the follow ing 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 emph asis for the scheduled castes, scheduled tribes and other economically backward classes, 10 (b) a rebuilding scheme;. (c) a re-housing or rehabilitation scheme, (d) a city or town or village expansion scheme; (e) a commercial or commercial cum-residential sch eme; (f) an Urban renewal scheme including of slum clea rance or slum improvement schemes; (g) a subsidized industrial housing scheme; or (h) any other scheme with the approval of the stat e Government. (3) The state Government may, on such terms and co ndition as may think fit to impose, entrust to the Board the framing and execut ion of any housing scheme whether provided for by this act or not, and the bo ard shall thereupon undertake the framing and execution of such scheme as if it h ad been provided for by this act. (4) The Board may on such terms and condition as m ay be agreed upon and with previous approval of the state Government, take ove r for execution any housing scheme on behalf of a local authority or co-operati ve 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 a s 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 Go vernment or a local authority, the state Government may, at the request of the Board, publis h a notification in the official Gazette giving particulars and specifications of th e scheme and declaring that the Board has decided to frame and execute the scheme togethe r with the notice inviting every person interested to see the detailed plans and spe cification of the scheme in the office of the board on any working day within one month of th e publication of the notice and upon such publication of such notification together with the notice as aforesaid no person shall make any new construction in the area covered any t he 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 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 other wise of any property necessary for or affected by the execution of the scheme; (b) the laying or re-laying out of any land compri sed in the scheme: (c) the distribution or redistribution of site bel onging to owners of property comprised in the scheme; (d) the closure or demolition of dwellings or port ions of dwelling unfit for human habitation (e) the demolition of obstructive building or port ions of buildings; (f) the construction and reconstruction of buildin gs: 11 (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 a lterations of the boundaries of an original plot; (j) the allotment of a plot to any owner disposses sed of his land in furtherance of the housing scheme; (k) the transfer of ownership of a plot from one p erson to another; (1) the reconstitution of two or more plots belong ing to different persons into one plot without changing their boundaries and making them j oint property with the consent of the owners of the original plots; (m) the provision of draining, water-supply and li ghting of the area included in the scheme (n) the provision of parks, playing-fields and ope n 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 mar kets, gardens, playing-fields, schools, dispensaries, hospitals and other amenities in the scheme; (p) the letting out, management and use, of the Bo ard premises; (q) the provision of sanitary arrangements require d for the area comprised in the scheme, including the conservation of, and preventi on of injury of contamination to reverse or other sources and means of water supply; (r) the provision of accommodation for any class o f any class of inhabitants; (s) the advance of money for the purpose of the sc heme; (t) the provision of facilities for communication and transport; (u) the collection of such information and statist ics as may be necessary for the purposes of this Act; (v) any other matter for which in the opinion of t he state Government; it is expedient to make provision with a view to provide housing ac commodation and to the improvement or development of any area adjoining ar ea or the general efficiency of the scheme. Explanation:-For the purposes of this section, the state Governm ent 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 meeting to be held in the month of January in each year, lay before the Board, a budget of the board, for the next year. (2) Every such budget shall be prepared in such fo rm as may be prescribed and shall make provision for. (i) the housing schemes which the Board proposes t o execute whether in part or whole during the next year, (ii) The due fulfillment of all the liabilities of the Board, and 12 (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 i t 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. Wit hin two months of the receipt to the budget, the state Government may approve the Budget as sanctioned by the Board or return it to the board for making such mod ifications therein as 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 ma ke such modification and submit the budget as so modified to the state Gover nment, 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 Governm ent the Board shall cause the housing schemes, in respect of which provision is m ade in the budget, to be published in the official Gazette 1[and in such other manner] as may be prescribed and proceed to execute the schemes. ____________ 1. Subs by act. No. 4 of 1984, "in such manner" 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 a pproved 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 schem e of land vested in a local authority :- (1) Whenever any street, square or other land, or a ny part thereof, situated in any area of a local authority and vested in a local authorit y 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 authority concerned to transfer to it the required street, square or other land, or any part thereof as the case may be. (2) Here the local authority concurs such street, square or other land, or part thereof, shall vest in the Board. 13 (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 street, square, land, or part thereof shall vest in the Board, it shall vest accordingly. (4) The vesting of street, square, land or a part there of under sub-section (2) or (3) of the section shall be notified in the official Gazette. (5) Nothing in this section shall affect the dutie s and obligations of the local authority in respect of such street, square or land and the l ocal 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. Power of Board to turn or public street vested in it- (1) The Board may turn, divert discontinue the pub lic use of, or permanently close, any public street or a part thereof vested in it, (2) Whenever 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 be substit uted 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 sub- section (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 a ltered and open space provided by the Board housing scheme.- (1) Whenever the state Government is satisfied:- (a) That any street laid out or altered by the Boa rd has been duly leveled paved, metalled, flagged channeled, sewered and dra ined as required for any housing schemes approved by the state Government under section 31, (b) That such lamps, lamp-posts and other apparatu s as the local authority concerned considers necessary for the lighting of s uch street and as ought to be provided by the Board have been so provided; and. (c) That water and other sanitary conveniences hav e been duly provided in such street, it may declare the street to be a publ ic street, and the street shall thereupon vest in the local authority concern ed and shall thenceforth be maintained, kept in repair lighted and cleaned b y the local authority concerned. (2) When any open space for purposes of ventilatio n or recreation has been provided. by the Board in executing any housing scheme, the B oard may at its option by resolution transfer such open space to the local a uthority concerned on completion of the scheme and thereupon such open sp ace 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, dr ain and lay-out such space and 14 provide foot-paths therein and if necessary, to pro vide lamps and other apparatus for lighting it. 38. Other duties of the Board:- (1) It shall be the duty of the Board to take nece ssary 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 Governme nt and scrutinize projects under housing schemes in the area to which this Act extends when required by the state Government to do so; (ii) Undertake research on various problems connec ted with housing in general and find out in particular the economics me thods 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 standardisation of building materials; (b) Encouraging pre-fabrication and mass productio n of components (c) Organizing or undertaking the production of bu ilding materials for residential or non-residents houses, and (d) Securing a steady and sufficient supply of wor kmen trained in the work of construction of buildings. 39. Power to exempt schemes from provisions f sect ions 29 to 34 - The state Government may by general or special or der published in the official Gazette, exempt any housing scheme undertaken by the Board f rom all or any of the provisions of section 29 to 34 (both inclusive) subject to such c onditions, if any, as it may impose or may direct that any such provision shall apply to s uch 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, dona tions and gifts from the Central or state Government or a local authority or any ind ividual or body, whether incorporated or not for all or any of the purposes of this Act. (3) The State Government may every year make a gra nt to the Board to a sum equivalent to the administrative expenses of the Board. (4) All moneys received by or on behalf of the Boa rd by virtue of this Act, all proceeds of land of any other kind of property sold by the Board all rents and all interest, profits and other moneys accruing to the board shall constitute the fund of the Board. 15 (5) Except as otherwise directed by the state Gove rnment all moneys and receipts specified in the foregoing provisions and forming p art of the fund of the Board shall be deposited in the Reserve Bank of India or in any Nationalised Bank or other scheduled bank, invested in such securities a s may be approved by the State Government. (6) Such account shall be operated upon by such of ficers as may be authorised 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, circumstanc es of extreme urgency have arisen, it shall be lawful for the Board to make in any year (a) Recurring expenditure not exceeding twenty-fiv e thousand rupees, and (b) Non- recurring expenditure not exceeding one l ac of rupees. (2) where any sum is expended under circumstances of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the board as soon as practicable to the state government. 43. Subventions and loans to the Board:- (1) The state Government may from time to time mak e subventions to the Board for the purpose of this Act on such terms and condition s as the State Government may determine. (2) The state Government may from time to time adv ance loans to the Board on such terms and conditions not inconsistent with provisio ns 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 prev ious sanctions of the state government and subject to the provisions of this Ac t and to such conditions as may be prescribed in this behalf, borrow any sum re quired 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 debentu res 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 Chairma n and one 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 princip al and the payment of interest as such rate as may be fixed by the state Government. 16 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 the 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 acco rdance with the provisions of the Rajasthan local fund audit Act 1954 (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 publi shed 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, think 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 State Government may a lso direct a special audit to be made by such person as it thinks fit of the account s 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 furn ish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit and remedy or 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 rep ort on such matters 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 Governme nt Such statistics, returns, particulars, statements, documents or papers in regard to any proposed or existing scheme or relating to any matter or proceeding connected w ith the working of the Board at such times and in such form and manner as may prescribed or as the State Government may from time to time direct. 49. Power of entry.- The Chairman or any person either gene
Excerpt shown. Open the full act in Lexace.