Chapter II Chapter II

(1) There shall be established a Board to be called the Goa Rehabilitation Board. (2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in it’s corporate name and shall, subject to the provisions of this Act, be competent to acquire, hold and dispose of property both movable and immovable and to contract and do all things necessary for the purposes of this Act. (3) For the purposes of this Act and the Land Acquisition Act, 1894 (Central Act of 1894), the Board shall be deemed to be a local authority. Explanation:— The purposes of this Act referred to in sub-section (3) shall include the management and use of lands and buildings belonging to or vesting in the Board and the exercise of it’s rights over and with respect to such lands and buildings.

The Board shall consist of a Chairman and other members nominated by the Government by notification.

(1) Every member shall hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination after the expiry of his term of office. (2) Any member may, by writing under his hand addressed to the Government, resign his office but he shall continue to hold office until his resignation is accepted by the Government. (3) Every member shall be entitled to receive such remuneration or allowances from the funds of the Board as may be prescribed: Provided that in the case of a member of the Legislative Assembly of Goa, he shall not be entitled to any remuneration other than the travelling allowance and daily allowance at the rate not exceeding those admissible to him as a member of the Legislative Assembly under the Goa Salary, Allowances and pension of Members of the Legislative Assembly Act, 2004 (Goa Act 20 of 2004).

(1) A person shall be disqualified for being nominated as, and for being, a member of the Board— (a) if he holds any office of profit under the Board; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he has, directly or indirectly, by himself or by any partner, any share or interest in any contract with, by or on behalf of, the Board; (e) if he is a Director or Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract with, by or on behalf of, the Board; (f) if he has been convicted by a competent court for an offence involving moral turpitude. (2) A person shall not, however, be disqualified under clause (d) or clause (e) of sub-section (1), or be deemed to have any share or interest in any contract or employment within the meaning of the said clauses, by reason only of his or the incorporated company of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in— (i) any newspaper in which any advertisement relating to the affairs of the Board is inserted; (ii) any sale, purchase, lease or exchange of immovable property or any agreement for the same; (iii) any agreement for any security for the payment of money only. (3) A person shall not also be disqualified under clause (d) or clause (e) of sub section (1), or be deemed to have any share or interest in any incorporated company which has any share or interest in contract with, by or on behalf of the Board, by reason only of his being a shareholder of such company: Provided that such person discloses to the Government the nature and extent of the shares held by him. Explanation:— For the purposes of clause (a) of sub-section (1), the Chairman shall not be deemed to be an officer or employee of the Board.

The Government may, by notification, remove from office the Chairman or any other member— (a) who is, or has become, subject to any of the disqualification mentioned in section 6; (b) who is absent without the permission of the Board from all the meetings of the Board for three successive ordinary meetings; (c) who has, in the opinion of the Government, been guilty of any misconduct or neglect of duty or has so abused his position as to render his continuance as member detrimental to the interests of the Board or of the general public, or is otherwise unfit to become a member; (d) who has refused to act or has become incapable of so acting: Provided that no member shall be removed by the Government from office unless he has been given prior opportunity to show cause against his removal.

(1) Any vacancy of a member of the Board shall be filled as early as practicable. (2) Notwithstanding anything contained in this Act, the continuing members may, during such vacancy, act as if no vacancy had occurred.

No disqualification of or defect in the appointment of, any person acting as a Chairman or a member of the Board or any vacancy therein shall vitiate any act or proceeding of the Board if such act or proceeding is otherwise in accordance with the provisions of this Act.

If any members of the Board is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise not available, the Government may appoint another person to officiate for him and to carry out his functions under this Act or any rules or regulations made thereunder.

The Government may grant to the Chairman such leave as may be prescribed.

(1) The Board shall have a secretary, a Housing Engineer, a Chief Accounts Officer and such other officers and employees as may be necessary for the efficient performance of it’s functions. (2) The appointment of the Secretary, Housing Engineer and Chief Accounts Officer shall be made by the Government, and the appointments and other officers and employees shall be made by the Board.

The remuneration and other conditions of service of the Secretary, Housing Engineer, and Chief Accounts Officer and other officers and employees of the Board shall be such as may be laid down by regulations.

(1) Subject to any regulations made under section 15, the power of making promotions to posts in the service of the Board, of granting leave to officers and other employees holding such posts, of censuring, imposing fines, withholding promotions from, reducing, suspending, removing or dismissing such officers and other employees for any breach of departmental rules or discipline or for carelessness, unfitness, or misconduct and of discharging such officers and other employees from the service of the Board for any other sufficient reasons, shall be exercised by such authority and in such manner as may be laid down by regulations: Provided that an employee of the Central Government 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, but the Board shall be entitled to make an enquiry and to report against such employee to such authority. (2) Any officer or employee of the Board who is aggrieved by an order passed under sub-section (1) other than an order under the proviso thereto may, within two months from the date of receipt by him of such order, appeal to the Government.

Subject to the provisions of this Act, the Board shall, with the previous approval of the Government, make regulations,— (a) fixing the salary and allowances and conditions of service of the Secretary, Housing Engineer, Chief Accounts Officer and other officers and employees of the Board; (b) fixing the amount and nature of security to be furnished by any officer or other employee from whom it may be deemed expedient to require security; (c) for regulating the grant of leave of absence, leave allowances, and other allowances, to the officers and other employees of the Board: Provided that an employee of the Central Government or a State Government employed by the Board shall not be entitled to leave or leave allowances, otherwise than as laid down in the conditions of his service under the Central Government or the State Government, as the case may be; (d) for establishing and maintaining a provident fund, for compelling all or any of the Officers or employees other than the employees of the Central Government or the State Government in respect of whom a contribution is paid under section 108, to subscribe to the fund at such rates and subject to such conditions as may be prescribed, and for paying into the said fund such portion of the contribution of the Board in such manner as the Government may determine; (e) for determining the conditions under which the officers and other employees or any of them shall on retirement receive pension, gratuities and compassionate allowance and the amount of such pensions, gratuities and compassionate allowances.

(1) The Chairman shall exercise supervision and control over the acts and proceedings of all officers and other employees of the Board, and, subject to the foregoing sections and subject also to such control, appeal and revision as may be prescribed shall decide all questions relating to conditions of services of the said officers and employees. (2) The Chairman may, by general or special order in writing, delegate to any officer of the Board, any of his powers, duties or functions under this Act or any rules or regulations made thereunder, except those under sections 17, 62, 95 and 98. (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 the nature referred to in sub-section (2) of section 14, passed by an officer to whom the powers of the Chairman in that behalf have been delegated, an appeal shall lie to the Chairman 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.