Chapter X Chapter X

Miscellaneous

118. powers of Board for facilitating movement of the population powers of Board for facilitating movement of the population.–– With a view to facilitating the movement of the population in and around any city, town or village, the Board may––

1. (a) subject to any condition it may think fit to impose––
   • (i) guarantee the payment, from the funds at its disposal, of such sums as it may think fit, by way of expenditure on the construction, maintenance or working of means of locomotion; or
   • (ii) make such payments as it may think fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion; or
2. (b) either singly or in combination with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto; or
3. (c) construct or widen, strengthen or otherwise improve bridges:

Members, officers and other employees of Board and committees deemed to be public servants

Members, officers and other employees of Board and committees deemed to be public servants.–– All members, officers and other employees of the Board, the members of committees, and all other persons entrusted with the execution of any functions under this Act, 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.

Contributions towards leave allowances and pensions of employees of the Central Government or a State Government. ––

The Board shall be liable to pay such contributions for the leave salary, pension or provident fund of any employee of the Central Government or State Government employed as Chairman or as an officer or other employed of the Board as may be required by the conditions of his service under the Central Government or a State Government to be paid by him or on his behalf.

Board and Secretary to exercise powers and functions of local authority.–– In any area in respect of which a housing, improvement or building scheme is in force, the Government may, by notification, declare that for the period during which such scheme remains in force and subject to such restrictions and modifications, if any, as may be specified in the notification, the powers and functions exercisable by a local authority or its executive authority under the enactment constituting such local authority shall be exercised by the Board or the Secretary, as the case may be.

Supply of documents and information to Government.–– The Secretary shall, if so directed by the Government, forward to it a copy of all the papers which were laid before the Board for consideration at any meeting and furnish any return, statement, estimate, statistics or other information regarding any matter under the control of the Board, a report of any such matter and a copy of any documents in charge of the Secretary.

Submission of administration report to Government.––

1. (1) As soon as my be after the first day of April in every year or such later date as may be fixed by the Government, the Board shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct.
2. (2) The Chairman shall prepare such report and the Board shall consider the report and forward the same to the Government with its remarks thereon.

Power of Government to give directions to Board and local authorities.–– The Government may give the Board or any local authority such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act. And after giving an opportunity to the Board or, as the case may be, to the local authority to state its objections, if any, to such directions and after considering the said objection, the Government may, if it considers it necessary so to do, modify such directions and it shall thereupon be the duty of the Board or the local authority to comply with such directions or the directions so modified, as the case may be.

Supersession of Board.––

1. (1) If the Government is of opinion that the Board is unable to perform, or has persistently made default in the performance of the duty imposed on it by or under this Act or has exceeded or abused its powers, it may, by notification, supersede the board for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section the Government shall by notice require the Board to show cause within such period as may be specified in the notice why it should not be superseded and shall consider the explanations and objections, if any, of the Board.
2. (2) Upon the publication of a notification under sub-section
3. (1) superseding the Board,––
   • (a) the Chairman and all the members of the Board shall, as from the date of supersession vacate their offices as such;
   • (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board and the Chairman, shall during the period of supersession be exercised and performed by such authority or person as the Government may direct;
   • (c) all funds and other property vested in the Board shall, during the period of supersession, vest in the authority or person referred to in clause (b); and
   • (d) all liabilities, legally subsisting and enforceable against the Board, shall be enforceable against the authority or person referred to in clause
   • (b) to the extent of the funds and properties vested in it or him.
4. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government may––
   • (a) extend the period of supersession for such further period as it considers necessary; or
   • (b) reconstitute the Board in the manner provided in section 4.

Dissolution of Board.––

1. (1) If the Government is of opinion that the Board has failed to carry out its functions under this Act or that for any other reason it is not necessary to continue the Board, it may, by notification, dissolve the Board from such date as may be specified in the notification.
2. (2) Upon the publication of a notification under sub-section
3. (1) dissolving the Board,––
   • (a) the Chairman and all the members of the Board shall as from the date of dissolution vacate their offices as such;
   • (b) all the powers and duties which may by or under the provisions of this Act, be exercised and performed by or on behalf of the Board and the Chairman shall, as from the date of dissolution, be exercised and performed by the Government or such authority or person as it may appoint in this behalf;
   • (c) all funds and other property vested in the Board shall vest in the Government; and
   • (d) all liabilities, legally subsisting and enforceable against the Board, shall be enforceable against the Government to the extent of the funds and propertied vested in it.
4. (3) Nothing in this section shall affect the liability of the Government in respect or debentures guaranteed under section 68.

Power to remove difficulties.––

1. (1) If any difficulty arised in giving effect to the provision of this Act, in consequence of the transaction to the said provisions from the provisions of the Acts in force immediately before the Commencement of this Act, the Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
2. (2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act), the Government may make such order, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing difficulty.

Power to make rules.––

1. (1) The Government may after previous publication make ruled for the purpose of carrying into effect the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely––
   • (a) remuneration and allowances of the Chairman and other members under section 5;
   • (b) leave of absence for the Chairman under section 11;
   • (c) control and revision by the Chairman under section 16
   • (d) provisions as to execution of contracts and agreement under section 26;
   • (e) delegation of powers of the Board to sanction contracts under section 27;
   • (f) from of notice and the period for acceptance of assessment under section 55;
   • (g) disposal of land under section 58;
   • (h) other manner of service of notice under section 61 and 62;
     • (i) manner of assessment of damages under section 62;
   • (j) maximum sum to be deposited in the manner of operation of accounts under sub-section
3. (5) of section 65;
   • (k) conditions and limitations to be laid down under section 67;
   • (l) forms and details relating to estimates of income and expenditure under section 74;
   • (m) form and manner of abstracts of accounts to be submitted to the Government under section 88;
   • (n) any other matter which is required to be or may be prescribed.
4. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa while it is in sessions for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following the house agrees in making any modification in any such rule or the house agrees that the rules should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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129. Power to make regulations.–– The Board may, by notification, make

regulations not inconsistent with this Act and the rules made thereunder, for the purpose of giving effect to the provisions of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provided for all or any of the following purposes, namely:––
   • (a) conditions of service of officers and other employees of the Board under section 13;
   • (b) service regulations under section 15;
   • (c) day, time, place, notice, management and adjournment of meeting of Board under section 17;
   • (d) manner in which and the purposes for which persons may be associated with the Board under section 18;
   • (e) matters relating to appointment and functions of committees under section 19;
   • (f) any matter which is required to be, or may be, laid down by regulation.
2. (3) No regulation or its cancellation or modification shall have effect until the same shall have been approved and confirmed by the Government.