Chapter II-B Chapter II-B

A person shall be disqualified for being appointed as, and for being member of the Board, if he- (a) holds any office or place of profit under the Board; (b) is of unsound mind; (c) is an un-certificated bankrupt or an un-discharged insolvent; (d) is or has been convicted of any offence involving moral turpitude; (e) has been removed or dismissed from the service of the Union or State Government on a charge of corruption or bribery: (f) has directly or indirectly by himself or by any other partner, any share or interest in any contract or employment with, by or on behalf of, the Board; or (g) is a Director, a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract, or employment with, by or on behalf of the Board. Explanation -A person shall be deemed to have incurred disqualification under clause (f) or (g) by reason of- (i) his or of the incorporated company of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board if inserted, or (ii) his being a share-holder in or a member of any incorporated or registered company or society which has any share or interest in any contract or employment with, by or on behalf of, the Board, subject to the condition that such person discloses to the State Government the nature and extent of the shares held by him. (c) is an un-certificated bankrupt or an un-discharged insolvent; (d) is or has been convicted of any offence involving moral turpitude; (e) has been removed or dismissed from the service of the Union or State Government on a charge of corruption or bribery: (f) has directly or indirectly by himself or by any other partner, any share or interest in any contract or employment with, by or on behalf of, the Board; or (g) is a Director, a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract, or employment with, by or on behalf of the Board. Explanation -A person shall be deemed to have incurred disqualification under clause (f) or (g) by reason of- (i) his or of the incorporated company of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board if inserted, or (ii) his being a share-holder in or a member of any incorporated or registered company or society which has any share or interest in any contract or employment with, by or on behalf of, the Board, subject to the condition that such person discloses to the State Government the nature and extent of the shares held by him.

The term of the office of every member other than ex-officio members shall be three years: Provided that a member of the Legislative Assembly (appointed) under clause (d) of sub-section (I) of section 4 shall cease to be a member on his ceasing to be a member of the Legislative Assembly.

(I) The names of the members shall be notified in the Gazette by the State Government and the term of office of each of them shall commence on such date as may be specified. in the notification. (2) A person ceasing to be a member by reason of the expiry of his term of office shall, if otherwise qualified, be eligible for re-appointment.

The Chairman or any non-official member may resign his office by writing under his hand addressed to the State government but he shall continue in office until his resignation is accepted by that Government.

(1) The Chairman may either be an honorary officer or a salaried officer of the Board. (2) The salaried Chairman shall be a whole time officer of the Board and his emoluments and conditions of service shall be such as may be prescribed. (3) Every member shall received such allowance as may be prescribed. (4) the allowance of the members and the remuneration, if any, to the Chairman shall be paid from the fund of the Board.

(1) If a member - (a) becomes subject to any of the disqualifications mentioned in section 5; (b) absent himself during three consecutive meetings of the Board except with the leave of the Board; (1) he shall cease to be a member and his seat shall become vacant with effect from a date to be notified in the Gazette by the State Government. (2) No member shall cease to be member under sub-section (1) until the pre- scribed authority on its own motion or on an application made to it by any person in this behalf decides that such a member has incurred the disqualification on any of the grounds specified therein and communicates the decision in relation thereto, to such member; Provided that no order shall be passed by the prescribed authority under the sub-section against any member without giving him a reasonable opportunity of being heard. (3) Any person aggrieved by the decision of the prescribed authority under sub-section (2) may within thirty days from the date of the communication to him of such decision appeal to the State Government. The order passed by the prescribed authority shall, subject to the decision of the State Government in appeal, be final.

In the event of the death, resignation or disqualification of a member, a casual vacancy shall be deemed to have occurred in his office and such vacancy shall be filled in, as soon as may be, by the appointment, of a person thereto as member, who that take office forthwith and shall hold such office for the unexpired term of his predecessor.

Not Act or proceeding of the Board shall be invalid merely by reason of- (a) any vacancy in or defect in the constitution of the Board, or (b) any defect in the appointment or qualification of any person acting as a member of the Board, or (c) any defect or irregularity in the procedure of the Board not affecting the merit of the case.

(1) There shall be a Housing Commissioner to the Board who shall be the principal executive officer of the Board and subject to the overall control of the Board and the Chairman, all other officers and servants of the Board shall be subordinate to him. (2) The Housing Commissioner shall be appointed by the State Government and his salary and other conditions of service shall be such as may be prescribed.

The Board may appoint a Chief Engineer, a Chief Accounts Officer, an Estate Manager and such other officers and servants as it considers necessary for the efficient performance of its functions;

(1) The remuneration and other conditions of service of the officers and servants of the Board appointed under section 14, shall be such as may be determined by regulations. (2) Until regulations are made under sub-section (i) the remuneration and conditions of officers and servants of the Board shall be governed by the rules, orders and instructions relating to remuneration and conditions of service applicable to the officers and servants of the corresponding grade in the service of the State Govemment.

(1) subject to any regulations made under section 17, the power of making promotions to posts in the service of the Board, or granting leave to officers and servants holding such posts or censuring, fining, withholding, promotions from, reducing, suspending, removing or dismissing such officers, and servants for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or misconduct, and of discharging such officers and servants from the service of the Board for any other sufficient reason shall be exercised by such authorities as may be prescribed by the regulations. Provided that a servant of the Central or State Government or of a local authority, whose services have been lent to the Board, shall not be so punished except by an authority which would have been competent to do so if .his services had not been so lent, put prescribed authority shall be entitled to make an enquiry and to report against such servant to the Central or State Government or local authority, as the case may be. (2) Any officer or servant of the Board who is aggrieved by an order passed under sub-section (1) may, within two months from the date of receipt by him of such order, appeal - (a) to the Board, if the order was passed by the Housing Commissioner or Chairman; and (b) to the State Government if the order was passed by Board.

Subject to the provisions of this Act, the Board shall, with the previous approval of the State Government, make regulations - (a) fixing the salary and allowances of the officers and servants of the Board. (b) fixing the amount and nature of security to be furnished by any officer or servant from whom it may be deemed expedient to require security; (c) for regulating the grant of leave of absence, leave, allowances, and acting allowances to the officers and servants of the Board; Provided that a servant of the Central or State Governments employed as an officer or servant of the Board shall not be entitled to leave or leave allowances, otherwise than as laid down in the conditions of his services under the Central or State Government, as the case may be, relating to transfer to foreign service; (d) for regulating the subscriptions to the provident fund established under section 18 and other matters relating thereto; (e) for determining the conditions under which the officers and servants or any of them shall on retirement receive gratuities or compassionate allowance and the amount of such gratuities and compassionate allowance.

(1) The Board shall establish a provident fund for Housing Commissioner, officers and servants of the Board and such provident fund (hereinafter in this section called the said fund) shall notwithstanding anything contained in section 8 of the Provident Fund Act. I 925(No. of 19 of 1925), be deemed to be a Board Provident Fund for the purposes of the said Act. (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 and in such manner as government may, from time to time determine.

(I) the Chairman shall exercise supervision and control over the acts and proceedings of the Housing Commissioner and all officers and servants of the Board and subject to the foregoing sections and subject also to such control and supervision as may be prescribed, shall decide all questions relating to the service of the said officers and servants and their salaries, allowances, benefits and privileges, (2) The Chairman may, by general or special order in writing, delegate to the Housing Commissioner or to any officer of the Board, any of his powers, duties or functions under this act or any rules or regulations made there under except those under sections 21 and 87. Provided that the Chairman shall not delegate - (a) his powers under sections 24 and 25 to incur expenditure and to approve estimates for any single work or doing of any act the value of which exceeds five lakhs of rupees. (b) any of his powers under section 16 to any officer in respect of any employee of the Board unless such employee was appointed by such officer or any subordinate of such officer by virtue of a delegation of Chairman's power to appoint under section 14. (3) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (2) shall be subject to such restrictions and, limitations as may be imposed by the Chairman, and shall also be subject to his control and revision. (4) Against any order of nature referred to in sub-section (2) of section 16, passed by an officer to whom the Chairman's power in that behalf has been delegated, an appeal shall lie to the Board, and if the Chairman has himself revised the order of such officer, an appeal shall lie to the Board against the order of the Chairman.

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.