The Madhya Pradesh Griha Nirman MandaI Adhiniyam, 1972
Chapter XVI Chapter XVI
Chapter XVI Chapter XVI
102. Power makes to rules
(1) The government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for -
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) (i) emoluments and other conditions of service of the Chairman under sub-section (2) of section 9; (ii) allowances to be paid to the members of the Board under sub-section (3) of section 9. (c) authority to be prescribed under section 10; (d) control and supervision to which Chairman shall be subject while exercising powers under section 19 (1), (e) manner in which contracts or agreements shall be executed under section 30; (f) terms and conditions subject to which Board shall undertake work of housing under section 32; (g) i) form in which annual housing programme budget and establishment schedule shall be forwarded to the State Government tinder section 35(1). (ii) particulars in which programme shall contain under section 35(2) (a); and (iii) other particulars under section 35(2) (c), (h) regulation of disposal of land, building or other property vesting in the Board under section 50 ' (i) rate of interest under section 53(1), (j) rate of interest under section 69(2) ' (k) form in which annual statement of accounts including the profit and loss account and the balance sheet shall be prepared by the Board under section 74(a); (l) the date by which, die form in which, intervals, at which and the Matters on which report shall be submitted to the Board under section 75; (m) the form, in which, the time by which and the manner in which statistic returns, particulars or statements shall be submitted to the State Government under section 76.
(3) Every rule made under this Act, shall be laid on the table of Legislative Assembly. (b) (i) emoluments and other conditions of service of the Chairman under sub-section (2) of section 9; (ii) allowances to be paid to the members of the Board under sub-section (3) of section 9. (c) authority to be prescribed under section 10; (d) control and supervision to which Chairman shall be subject while exercising powers under section 19 (1), (e) manner in which contracts or agreements shall be executed under section 30; (f) terms and conditions subject to which Board shall undertake work of housing under section 32; (g) i) form in which annual housing programme budget and establishment schedule shall be forwarded to the State Government tinder section 35(1). (ii) particulars in which programme shall contain under section 35(2) (a); and (iii) other particulars under section 35(2) (c), (h) regulation of disposal of land, building or other property vesting in the Board under section 50 ' (i) rate of interest under section 53(1), (j) rate of interest under section 69(2) ' (k) form in which annual statement of accounts including the profit and loss account and the balance sheet shall be prepared by the Board under section 74(a); (l) the date by which, die form in which, intervals, at which and the Matters on which report shall be submitted to the Board under section 75; (m) the form, in which, the time by which and the manner in which statistic returns, particulars or statements shall be submitted to the State Government under section 76.
(3) Every rule made under this Act, shall be laid on the table of Legislative Assembly.
Chapter XVI Chapter XVI
103. Power to make regulations
(1) The Board may, by notification, make regulations not inconsistent with this Act and the rules made there under for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for -
(a) all matters expressly required or allowed by this Act to be prescribed by regulations
(b) the appointment of persons to be members of committees under section 23;
(c) the procedure to be followed by a committee at its meeting,
(d) the creation of posts and delegation of powers and duties of the Board to the Chairman, the Housing Commissioner, any other officer or Committee of the Board.
(c) the duties and conduct of officers and servants of the Board and of other persons employed by the Board under this Act for carrying out any of the purposes of this Act;
(f) the welfare and recreation of the staff of the Board and the contributions to be made therefore;
(g) the fees payable for the copies of the documents, estimates and plans furnished by any of its officers and servants under this Act;
(h) the management, use and regulation of dwellings constructed under any housing scheme;
(i) the efficient conduct of the affairs of the Board.
(3) No regulation or its cancellation or modification shall have effect until the same shall have been approved and confirmed by the State Government.
Chapter XVI Chapter XVI
104. Power to make byelaws
(1) Tbe Board may make byelaws, not in consistent with this Act which may be necessary or expedient for the purposes of carrying out duties and functions under this Act:
(2) A byelaw made under this section may provide that a contravention thereof shall be an offence.
(3) No byelaw made by the Board shall come into force until it has been confirmed by the State Government with or without modification.
(4) All byelaws made under this section shall be published in the Gazette.
Chapter XVI Chapter XVI
105. Consequence to ensure an establishment of Board
(1) As from the date specified for the establishment of the Board in. the notification under section 3, the following provision shall have effect, namely-
(i) The Madhya Pradesh Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 (No.43 of 1950), shall cease to exist;
(ii) the administration of the Board shall vest in the Administrator who shall be appointed by the State Government;
(iii) the Administrator shall be deemed to the Board and shall exercise the powers and perform the duties conferred or imposed by or under this Act on the Board, the Chairman and Housing Commissioner;
Provided that the Administrator shall cease to exercise the powers and perform the duties conferred or imposed by or under this Act on the Housing Commissioner with effect from the date the Housing Commissioner is appointed in accordance with the provisions of this Act;
(iv) all assets and liabilities of the Board referred to in clause (i) shall vest in the Board established under section 3;
(v) all employees belonging to and under the control of the Board referred to in clause(i) immediately before the date specified under section-3 shall be deemed to be the employees of the Board established under section 3;
Provided that the terms and conditions of service of such employees shall not until altered by a competent authority after giving an opportunity to the employee of being heard, be less favourable than those admissible to them while in service of the Board referred to in clause(i);
(vi) all records and papers belonging to the Board referred to in clause (i) shall vest in and be transferred to the Board established under section 3;
(vii) the Madhya Pradesh Housing Board Act 1950 (No. 43 of 1950) shall stand repealed;
Provided that things done or omitted to be done and action taken by any authority by or under the provisions of the Act so repealed shall be deemed to have been done and taken under this Act.
(2) The Administrator shall cause to hold office in the date specified in the notification under sub-section(1) of section 7 for commencement to the term Chairman and members of the Board.
(3) Any person appointed Administrator under sub-section (1) shall receive from the Board fund for his services such pay and allowances as may be fixed by the Government.
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