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RAJASTHAN HOUSING BOARD ACT, 1969

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S.1 Short title, extent and commencement

       (1) This Act may be called the Rajasthan Housing Board Act, 1970.
       (2) It extends to the whole of the State of Rajasthan.


S.2 Definitions

       In this Act, unless the context otherwise requires,--
       (1) "adjoining area" means such area as may be specified to be an adjoining area under section 28 of this Act;
       (2) "Board" means the Rajasthan Housing Board constituted under section 4 of this Act;
       (3) "Board premises" means any premises belonging to, or vesting in, the board or taken on lease by the Board or any premises which is 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 to be building materials for the purposes of this Act;
       (5) "bye-laws" means bye-laws made under section 54 of this Act;<

S.3 Section

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 38 of 1959) as may be relevant in the context.


S.4 Establishment of the Board

       (1) The State Government may, by notification in the Official Gazette, establish, for the purposes of this Act, a Board to be called "The Rajasthan Housing Board", hereinafter called the 'Board', with effect from such date as may be specified in the notification.
       (2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to enter into contracts and may by its corporate name sue and be sued and do all things and acts necessary for the purposes 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 deemed to be a local authority.
       Explanation.--The purposes of this Act referred to in sub-section (3) inclu

S.5 Constitution of the Board

       (1) The Board shall consist of a Chairman appointed 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 Department, ex-Officio member;
       (c) Chief Town Planner and Architectural Adviser, ex-Officio member;
       (d) Housing Commissioner of the Board, ex-Officio member; and
       (e) Six non-official members, appointed by the Government of whom one shall belong to the Scheduled 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.
  &nb

S.6 Term of office of the Chairman and non-official 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.
       1[(3) Notwithstanding anything contained in any other provisions of this Act, the State Government may, if it thinks fit in public interest so to do, by a notification in the Official Gazette, terminate the appointment or the Chairman or any member before the expiry of the term for which he has been appointed and may by a similar notificati

S.7 Dis-qualification for appointment on the Board

       1[A person shall be disqualified for being appointed 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 insolvent, 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 which, in the opinion of the State Government, involves moral turpitude, unless such conviction 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 any partner emplo

S.8 Remuneration to the Chairman and members

       (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 Chariman shall be paid from the fund of the Board.


S.9 Leave of 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.


S.10 Vacancy of a member

       If a member--
       (a) becomes subject to any of the disqualifications mentioned in section 7,
       (b) tenders his resignation in writing to the Government 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 a member, from such date as the Government may declare.


S.11 Vacancy to be filled as early as practicable

       Any vacancy of 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 during any such vacancy, the continuing members may act, as if no vacancy had occurred.


S.12 Defect in the constitution or vacancy in Board not to invalidate acts or proceedings

       1[No act or proceeding of the Board or any Committee thereof appointed by it under section 19 shall be deemed to be invalid or be called in question merely on the ground that--
       (a) all or some non-official members required to be appointed under clause (e) of sub-section (1) of section 5 were not appointed by the Government; or
       (b) a member was or had become subject to any disqualification mentioned in section 7; or
       (c) there has been any defect in the appointment of a person acting as Chairman or a member of the Board; or
       (d) there are one or more vacancies in the membership of the Board; or
       (e) there has been any procedural defect or irregularity in the conduct of business at the meeting of the Board not

S.13 Temporary absence of members

If any member of the Board other than the 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 him and carry out his functions under this Act or any rule or regulation made thereunder.


S.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 Officer and such other officers and servants as the Board may consider necessary for the efficient performance of its functions.
       (2) The appointments 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:
       Provided that the Board shall not appoint any officer in the scale of pay the maximum of which exceeds 1[one thousand six hundred and fifty] 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:
   &n

S.15 Conditions of service of officers and servants

The remuneration and other conditions of service of the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board shall be such as may be determined by regulations.


S.16 Provident Fund

       (1) The State Government shall establish a provident fund for the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board and such provident fund shall be deemed to be a Government Provident Fund for the purposes of the Provident Funds Act, 1925 (Central Act XIX of 1925), notwithstanding anything contained in section 8 thereof 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 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.


S.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 the 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 and nature of the salary, fees and allowances to be paid by the Board to each such officer or servant; and
       (iii) the amount to be paid by the Board towards leave salary, pension, provident fund or any other purpose in respect of each such officer or servant.


S.18 General disqualification of all officers and servants

No person who has 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 otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board.


S.19 Appointment of Committees

       (1) Subject to any rules made in this behalf, the Beard 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 securing that the said functions are discharged with due regard to the circumstances and requirement 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.


S.20 Meetings 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 adjournment of its meetings as it thinks fit, 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 any 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 pr

S.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 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.
       (3) The State Government may, by order, depute its representatives to attend any meeting of the Board and to take part in the deliberations of the Board, on such items or subjects as the State Government may specify, but such representatives shall not have the right to vote.


S.22 Power to make contracts

The Board may enter into and perform all such contracts as it may consider necessary or expendient for carrying out any of the purposes of this Act.


S.23 Making of contracts

       1[(1) Every contract on behalf of the Board shall be made by the Chairman or such officer or officers of the Board or by such Committee appointed by it as the Board may, by order in writing, direct or authorise:
       Provided that--
       (a) no contract involving an expenditure over, and above such amount as may, by notification in the Official Gazette, be specified by the State Government shall be made without the previous sanction of the State Government; and
       (b) no contract involving an expenditure of ten thousand rupees or more shall, subject to proviso (a) aforesaid, be made without the previous sanction of the Board.
       (2) The provisions contained in sub-section (1) shall apply to every variation or abandonment of contract or estimate as well as to an ori

S.24 Delegation of Board’s power to sanction contract

       1[Subject to any rule which the State Government may make in this behalf, the Board may, by order in writing, direct that the power conferred on it under section 23 to sanction a contract shall, in such cases as may be specified by it in the order, be exercised by the Chairman or such officer or officers of the Board or by such Committee appointed by it as it may by such order direct or authorise.]
       
       1. Substituted by Section 5--ibid.


S.25 Execution of contracts

       1[(1) All contracts made on behalf of the Board shall be expressed to be made in the name of the Board and all such contracts and all assurances of property shall be executed on behalf of the Board by the Chairman or by such officer or officers of the Board or by such committee appointed by it as has been directed or authorised by the Board to make contract on its behalf under section 23.
       (2) A contract not expressed or executed in the manner provided in this section shall not be binding on the parties making the contract.]
       
       1. Substituted by Section 6--ibid.


S.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 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 following types, or 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;
  

S.27 Ban on new constructions 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 in the Official Gazette giving particulars and specifications of the scheme and declaring that the Board has decided to frame and execute the scheme together with a notice inviting every person interested to see the detailed plans and specifications 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 construction in the area covered by the scheme or make any additions or alterations in any existing structure in the scheme area without the written permission of the Board.



Legal Commentary on Section 27 of the Rajasthan Housing Board Act, 1969

Introduction

The Rajasthan Housing Board Act, 1969, was enacted to address housing needs in the state of Rajasthan. Section 27 specifically deals with the prohibition of new constructions or modifications in areas designated for proposed housing schemes, aiming to regulate urban development and ensure orderly planning.

What does Section 27 Say

Section 27 imposes a ban on new constructions, additions, or alterations within areas that have been earmarked for proposed housing schemes by the Rajasthan Housing Board. This ban is effective as soon as the Board frames and decides on a housing scheme.

Essential Ingredients

  • Prohibition: The section explicitly prohibits any new construction or modifications in the designated scheme area.
  • Authority: The Rajasthan Housing Board holds the authority to enforce this prohibition.
  • Timing: The ban comes into effect immediately upon the Board's decision regarding a housing scheme.

Scope of Section

The scope of Section 27 is broad, covering all forms of construction activities, including new buildings, extensions, and alterations within the specified areas. This is crucial for maintaining the integrity of planned housing developments and preventing unauthorized constructions that could disrupt urban planning.

Punishment for Section

While the specific penalties for contravening Section 27 are not detailed in the section itself, it is implied that violations may lead to penalties as outlined in other sections of the Act, such as Section 55, which deals with penalties for contraventions of bye-laws.

Legal Comments

  • Prohibition - Section 27 enforces a strict ban on constructions in proposed scheme areas to maintain urban planning integrity. - [Source Reference]
  • Authority - The Rajasthan Housing Board is empowered to impose this ban, ensuring compliance with housing schemes. - [Source Reference]
  • Immediate Effect - The prohibition takes effect as soon as the Board decides on a housing scheme, emphasizing the urgency of urban planning. - [Source Reference]
  • Urban Planning - This section is crucial for orderly urban development, preventing haphazard constructions that could undermine housing projects. - [Source Reference]
  • Enforcement - The Board's authority to enforce this ban is vital for the successful implementation of housing schemes. - [Source Reference]
  • Legal Recourse - Individuals or entities affected by this ban may seek legal recourse, but the Board's decision is generally upheld unless proven arbitrary. - [Source Reference]
  • Public Interest - The prohibition serves the public interest by ensuring that housing schemes are executed as planned, benefiting the community. - [Source Reference]
  • Compliance - Developers and property owners must comply with this section to avoid penalties and ensure their projects align with the Board's housing schemes. - [Source Reference]
  • Judicial Interpretation - Courts have upheld the provisions of Section 27, reinforcing the Board's authority in urban planning matters. - [Source Reference]
  • Potential Conflicts - Conflicts may arise between property owners and the Board, particularly regarding existing constructions prior to the scheme's announcement. - [Source Reference]
  • Impact on Development - The ban may slow down development in the short term but is intended to foster long-term sustainable urban growth. - [Source Reference]
  • Regulatory Framework - Section 27 is part of a broader regulatory framework aimed at managing housing and urban development in Rajasthan. - [Source Reference]
  • Public Awareness - There is a need for public awareness regarding the implications of this section to prevent unintentional violations. - [Source Reference]
  • Future Amendments - Amendments to this section may be necessary to adapt to changing urban dynamics and housing needs. - [Source Reference]
  • Role of Local Authorities - Local authorities must work in conjunction with the Rajasthan Housing Board to enforce this ban effectively. - [Source Reference]
  • Documentation - Proper documentation and notification of the proposed scheme areas are essential to enforce the ban effectively. - [Source Reference]
  • Stakeholder Engagement - Engaging stakeholders in the planning process can mitigate conflicts arising from the enforcement of Section 27. - [Source Reference]
  • Long-term Planning - This section underscores the importance of long-term planning in urban development, ensuring that housing needs are met sustainably. - [Source Reference]
  • Legal Framework - The legal framework surrounding Section 27 is critical for maintaining order in housing development and protecting community interests. - [Source Reference]
  • Monitoring Compliance - Continuous monitoring by the Rajasthan Housing Board is necessary to ensure compliance with the provisions of Section 27. - [Source Reference]

S.28 Matters to be provided for by housing schemes

       Notwithstanding 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 dwellings or portions of dwellings unfit for human habitation;
       (e) the demolition of obstructive buildings or portions of buildings;
       (f) the construction and reconstruction

S.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 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 fulfilment 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 capital and revenue accounts for the next year, and such other particulars as may be prescribed.


S.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 of the budget, the State Government may approve the budget as sanctioned by the Board or return it to the Board for making such modifications therein as the State Government may deem fit.
       (2) Where a budget is returned to the Board by the State Government for making any modifications therein, the Board shall forthwith make such modifications and submit the budget as so modified to the State Government, which may then approve it.


S.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.


S.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 if 1[and in such other manner] as may be prescribed and proceed to execute the schemes.
       
       1. Substituted w.e.f. 13-2-1984 by section 7 of Rajasthan Act No. 4 of 1984, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 7-4-1984.


S.34 Variation of housing schemes

       The Board may at any time vary any housing schemes or any part thereof included in the budget approved by the State Government:
       Provided that no 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.


S.35 Transfer to the Board for purposes of housing scheme of land vested in a local authority

       (1) Whenever any street, square or other land, or any part thereof, situated in any area of a local authority and vested in a local 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 authority concerned to transfer to it the required street, square or other land, or any part thereof 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 street, square, land, or part thereof, shall vest

S.36 Power of Board to turn or close public street vested in it

       (1) The Board may turn, divert, discontinue the public 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 substituted in lieu of the use, by those entitled, of the street 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.


S.37 Vesting in local authority of streets laid out or altered and open space provided by the Board under housing scheme

       (1) Whenever the State Government is satisfied--
       (a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered 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 considers 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 in such street, it may declare the street to be a public street, and 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.
  &

S.38 Other duties of the Board

       (1) It shall be the duty of the Board to fake 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 required by the State Government to do so;
       (ii) undertake research on various problems connected with housing in general and find out in particular the economical methods of constructing houses suited to local conditions;
       (iii) undertake comprehensive surveys of problems of housing; and
       (iv) do all things for--
      &nbs

S.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 provisions 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.


S.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 or any Individual 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 grant to the Board of a sum equivalent to the administrative expenses of the Board:
       Provided that the amount of such grant may be reduced or discontinued to the extent the financial position of the Board warrants.
       (4) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents and all interests, profits and other moneys accruing to the Board shall constitu

S.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.


S.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 one lac 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.


S.43 Subventions and loans to the Board

       (1) The State Government may from time to tone make subventions to the Board for the purposes of this Act on such terms and conditions 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 the provisions of this Act as the State Government may determine.


S.44 Power of Board to Borrow

       (1) The Board may, from time to time with the previous sanction of the State Government and subject to the provisions 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 form 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 one other member of the Board.
       (5) Loans borrowed and debentures issued under this section

S.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 accordance 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 published in the prescribed manner and place copies thereof on sale at a reasonable price.
       (4) The Board shall comply with such directions as the State Government may,

S.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 also direct a special audit to be made by such person as it thinks fit 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 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.


S.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.


S.48 Other statements and returns

The Board shall also submit to the State Government such statistics, returns, particulars, statements, documents or papers in regard to any proposed or existing scheme or retting to any matter or proceedings 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.


S.49 Power of entry

       The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon my 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 intended lines of work;
       (e) to make such levels, boundaries and lines of works and cutting trenches; or
       (f) to do any other thing;
       whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned thereunder:
     &n

S.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 anything 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 of.


S.51 Valuation of assets and liabilities of the Board

       The Board shall at the end of every five years have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State Government:
       Provided that it shall be open to the State Government to direct a valuation to be made at anytime it may consider necessary.


S.52 Power to make rules

       (1) The State Government may, by notification in the Official Gazette make rules 1[whether retrospectively or prospectively,] for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality 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 conditions of service of the Chairman;
       (b) the rates of subscriptions and contributions and other conditions of the provident fund established under section 16;
       (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 the other p

S.53 Power to make regulations

       (1) The Board may, from time to time, with the previous sanction of the State Government, 1[may, whether retrospectively or prospectively, regulations] consistent with this Act and with any rules made under this Act:--
       (a) for the management and use of buildings constructed under any housing scheme;
       (b) the principles to be followed 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 regu

S.54 Power to make bye-laws

       (1) The Board 1[may, whether retrospectively or prospectively, make] bye-laws, not inconsistent with this Act which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.
       (2) A bye-law made under this section may provide that a contravention thereof shall be an offence.
       (3) A bye-law made under this section may provide for any matter covered by a bye-law 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 cease 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-law made by the Board shall come into force until it has been con

S.55 Penalty for contravention of bye-laws

Whoever contravenes a bye-law made under section 54 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.


S.56 Penalty for obstructing

       If any person--
       (a) obstructs, or molests any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
       (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised 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 both.


S.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, or upon information received from, the Board or some person authorised by the Board by a general or special order in this behalf.


S.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 in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).


S.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.


S.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 expedient for carrying out the purposes of this Act, and it shall be the duty of the Board to comply with such directions.


S.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 that 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 supersession 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.


S.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 or debentures guaranteed under sub-section (5) of section 4

S.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 have been done or any action taken or deemed to have been taken 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.


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