The Madhya Pradesh Griha Nirman MandaI Adhiniyam, 1972
Chapter IV Chapter IV
Chapter IV Chapter IV
21. Meetings of 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 generally be held once every three months; (b) the Chairman may, whenever he thinks fit, call special meeting: (c) every meeting shall be presided over by the Chairman and in his absence by any member chosen by the members present for the meeting to be 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; (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.
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22. Quorum
(1) The quorum for a special meeting shall be of five members and that for an ordinary meeting shall be of four members. (2) If at any special or ordinary meeting of the Board a quorum is not present, the Chairman shall adjourn the meeting to such other day as he may think fit, and the business which would have been brought before the original meeting, if there had been a quorum present, -shall be brought before and transacted at the adjourned meeting, whether there is quorum present thereat or not.
Chapter IV Chapter IV
24. Power to Board to incur expenditure
Subject to the budget provision, availability of funds and other provisions of this Act, the expenditure may be incurred on any single work or scheme for carrying out any of delegate to the Committee, Committee of the Board, the Housing Commissioner or any other officer of the Board of the power to incur expenditure upto such limits on any single work or scheme as may be prescribed by regulations.
Chapter IV Chapter IV
25. Powers of Board, Chairman and Housing Commissioner to approve estimates
The Board, the Chairman or the Housing Commissioner, as the case may be, may accord approval to estimates for incurring expenditure on any work doing of any act for carrying out any of the purposes of this Act subject to like restrictions and conditions imposed on the Board, the Chairman or the Housing Commissioner, as the case may be, under section 24.
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26. Emergency Powers of Board
(1) Where in the opinion of the Board circumstances have arisen which require immediate action, it shall be lawful for the Board to incur in any year recurring or non-recurring expenditure, not withstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government or the variation of the programme made under section 37, (2) The expenditure under sub-section (1) shall be made from out of the Contingency Fund established under section 73,
Chapter IV Chapter IV
27. Emergency Powers of Chairman
The Chairman may, in case of emergency, direct the execution of any worker the doing of any act which requires the sanction of the Board and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public and may also direct that the expense of executing work or of doing the act shall be paid from the funds of the Board; Provided that (a) He shall not act under the section in contravention of a direction, if any, of the Board or the State Government prohibiting the execution of any particular work or the doing of any particular act; (b) He shall report the action taken by him under this section and the reasons thereof to the Board at its next meeting and shall also submit a copy of his report to the State Government and the Board, or the State Government may issue such direction as it may deem fit on such report.
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28. Power to make and perform contracts
The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out the purposes of this Act.
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29. Agreements and security deposits
(1) Every contract shall be made on behalf of the Board by the Housing Commissioner. (2) The Housing Commissioner shall take sufficient security deposits for the due performance of the contract. (3) Written agreements shall be executed for all contracts the value of which exceeds five hundred rupees. (4) Every contract made by the Housing Commissioner, the value of which exceeds ten thousand rupees, shall be reported to the Board at its next meeting. Provided that a contract with any person or institution or organization outside India may be made on behalf of the Board by such other person also as the Board may specially authorise in this behalf.
Chapter IV Chapter IV
30. Further provision as to execution of contracts and agreements
(I) Subject to the provisions of sections 28 and 29 the contracts and agreements shall be made or executed in accordance with such rules as may be prescribed. (2) A contract or agreement made or executed in contravention of the provisions of this Act or the rules or regulations made these under shall not be binding on the Board.
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31. Duty of Board to undertake Housing Schemes
Subject to the provisions of this Act and subject to control of the State Government, the Board may incur expenditure and undertake works in any area to which this Act applies for the framing and execution of such housing schemes as it may consider necessary from time to time or as may be entrusted to it by the State Government
Chapter IV Chapter IV
32. Power of Board to undertake Housing Schemes or to entrust its work to Government or non-government body
The Board may, subject to such rules and conditions as may be prescribed, undertake execution of work of housing schemes on behalf of a local authority or Cooperative Housing Society or employers or labour in industries or any other body, whether Government or otherwise, and also may entrust execution of its Housing Schemes to such bodies, as and when necessary. .
Chapter IV Chapter IV
33. Matters to be provided for by Housing Schemes
Not withstanding 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 an affected by, the execution of the scheme; (b) the laying or relaying out of any land comprised in the scheme; (c) the distribution or redistribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of dwel1.ings or portion of dwellings unfit for human habitation; (e) the demolition of obstructive buildings or portions of buildings; (f) the construction and reconstruction of buildings; (g) the sale, letting or exchange of any property comprised in the scheme; (h) the construction and alteration of sheets and back lines; (i) the provision of the draining, water supply and lighting of the area included in the scheme; (j) The provision of parks, playing fields, open spaces for benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks playing fields open space and approaches; (k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply; (l) the provision of accommodation for any class of inhabitants: (m) the advance of money for the purposes of the scheme; (n) the provision of facilities for communication and transport; (o) the collection of such information and statistic as may be necessary for the purposes of this Act; (p) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to provide any housing accommodation and to the making of improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. Explanation -For the purposes of this section, the State Government may on the recommendation of the Board by notification specify such area surrounding or adjoining the area included in a housing scheme to be the adjoining area.
Chapter IV Chapter IV
34. Land Development Scheme
(I) Whenever the Board is of opinion that it is expedient to provide building sites in any area, the Board may frame a land development scheme. (2) Such scheme shall specify the proposed layout of the area to be developed and the purposes for which particular portions thereof are to be utilized. (3) The Board may provide for roads, streets open spaces, drainage water supply and street lighting and other amenities for the scheme area. (4) The Board may lease out or sell, by out-right sale or on hire purchase basis, the building sites in the scheme area.
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35. Preparation of annual housing programme, budget and establishment schedule
(1) Before the first day of December in each financial year, the Board shall prepare and forward- (i) a programme, (ii) a budget for the next financial year; (iii) a schedule of the staff of officers and servants already employed and to be employed during the next financial year; to the State Government in such form as may be prescribed. (2) The programme shall contain - (a) such particulars of housing schemes which the Board proposes to execute ,whether in part or whole during the next financial year as may be prescribed; (b) the particulars of any undertaking which the Board proposes to organize or execute during the next financial year for the purpose of the production of building materials; and . (c) such other particulars as may be prescribed. Provided that if the State Government so directs before the date referred to in sub-section (1) the housing scheme in the programme shall include any matter which in its opinion it is necessary to provide for and execute on a basis of priority. (3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next financial year, and shall have to be sanctioned by the State Government, If The Board is indevted to the State Government.
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36. Supplementary programme and budget
The Board, may at any time, during the year in respect of which a programme has been prepared and forwarded to the State Government under section 35 forward a supplementary programme and budget to the State Government. Provided that where the Board is indebted to the State Government, such supplementary programme and budget shall have to be sanctioned by the State Government.
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37. Variation of programme by Board
The Board may at any time vary any programme or any part thereof included in the programme forwarded to the State Government under section 35; Provided that no such variation shall be made if it involves an expenditure in excess of fifteen percent of the amount originally provided for the execution of any housing scheme included in such programme or affects its scope or purpose; Provided further that where the Board is indebted to the State Government, no such variation shall be made except with the previous sanction of the State Government.
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