Chapter VIII MISCELLANEOUS.

The Board shall, before such date and in such form and at such interval as may be prescribed, submit to the State Government a report on such matters as may be prescribed. Every such report shall be laid before the State Legislature as soon as may be after it is submitted.

The Board shall also submit to the State Government such statistics, returns, particulars or statements in regard to any proposed or existing housing schemes at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct.

The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order—

(a) to make any inspection, survey, measurement, valuation or inquiry,

(b) to take levels,

(c) to dig or bore into the sub-soil,

(d) to set out the boundaries and the intended outlines of work,

(e) to make such levels, boundaries and lines of works and cutting trenches, or

(f) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned thereunder:

Provided that—

(i) no such entry shall be made between sunset and sunrise;

(ii) no dwelling house and no public building which is used as dwelling place, shall be so entered, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry;

(iii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment set apart for females to remove themselves to some part of the premises where their privacy will not be disturbed;

(iv) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

No person shall commence any suit against the Board or against any officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to have been done in pursuance of this Act, without giving to the Board, officer or servant or person, as the case may be, two months, previous, notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.

And in the case of any such suit for damages, if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amounts so tendered and shall pay all costs incurred by the defendant after such tender.

The Board shall quinquennially have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State Government :

Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.

Notwithstanding anything contained in the foregoing provisions of this Act, it shall be lawful for the Board to undertake on behalf of the Government or a local authority or a corporation owned or controlled by the Government or a co-operative society registered or deemed to have been registered under the Gujarat Co-operative Societies Act, 1961 subject to such terms and conditions including payment of cost as may be agreed upon in pursuance of a contract or otherwise, the construction of building intended to be used as a hospital, dispensary, school or for any other charitable purpose as may be entrusted to it by the Government or a local authority or such corporation or such co-operative society :

Provided that no such construction shall be undertaken on behalf of a local authority or any such corporation or any such co-operative society, except with the previous sanction of the State Government.

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power Such rules may be made for all or any of the following purposes, namely:—

(a) the allowances of members and remuneration and conditions of service of the Chairman under section 8,

(b) the rates of subscriptions and contributions and other conditions of the provident fund established under section 15 ;

(bb) the allowances of members of a committee appointed under section 17;

(c) the manner and form in which contracts shall be entered into under section 23 ;

(d) the form of annual housing programme and budget, particulars of housing schemes and other particulars to be contained in the programme under section 27 ;

(e) [deleted]

(f) [deleted]

(g) [deleted]

(h) the other matters to be decided by the Tribunal under section 52 ; (i) the procedure to be followed by the Tribunal under section 54 ;

(j) the forms of notices under sections 56 and 57 and any other manner in which they may be served ;

(k) the procedure to be followed in taking possession of any Board premises under section 56 ;

(l) the manner in which damages under section 57 may be assessed ;

(m) the manner in which appeals may be preferred under section 59 and the procedure to be followed in such appeals ;

(n) the conditions subject to which the Board may borrow any sum under section 65 ;

(o) the manner of preparation, maintenance and publication of accounts under section 66 ;

(p) the date before which, the form in which, the interval at which and the matters on which reports shall be submitted under section 68 ;

(q) the time at which and the form and manner in which statistics,

The Board may from time to time, with the previous sanction of the State Government, make regulations consistent with this Act and with any rules made under this Act— (a) for the management and use of buildings constructed under any housing scheme ; (b) the principles to be followed in allotment of tenements and premises ; (b-1) for the sale, lease, exchange or disposal otherwise of any land, building or any apartment therein or other property belonging to or vesting in the Board, subject to such terms and conditions and to restrictions as the Board may from time to time provide in the regulations ; (c) the remuneration and conditions of service of the Secretary, Housing Commissioner and other officers and servants of the Board under section 14; (d) for regulating its procedure and the disposal of its business.

(1) The Board may make bye-laws, not inconsistent with this Act, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act. (2) A bye-law made under this section may provide that a contravention thereof shall be an offence. (3) No bye-law made by the Board shall come into force until it has been confirmed by the State Government with or without modification. (4) All bye-laws made under this section shall be published in the Official Gazette.

Whoever contravenes a bye-law made under section 75 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

If any person— (a) obstructs, or molests any person with whom the Board has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act,. (c) he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Any person who obstructs the lawful exercise of any power conferred by or under Chapter VI, shall, on conviction, be punished with fine which may extend to one thousand rupees.

Unless otherwise expressly provided, no court shall take cognisance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.

All members, officers and servants of the Board 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.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.

The State Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections. It shall be the duty of the Board to comply with such directions.

(1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty. (2) If in the opinion of the State Government the Board fails or neglects to perform such duty within the period so fixed or its performance, it shall be lawful for the State Government notwithstanding anything contained in section 8, to supersede and reconstitute the Board in the prescribed manner. (3) After the supersession of the Board and until it is reconstituted the powers, duties and functions of the Board under this Act shall be carried on by the State Government or by such officer or officers as the State Government may appoint for this purpose.

(1) The State Government may, by notification in the Official Gazette declare that with effect from such date as may be specified in the notification, the Board shall be dissolved : Provided that no such declaration shall be made by the State Government unless a resolution to that effect has been moved in and passed by the State Legislature. (2) With effect from the date specified in the notification under sub-section (1)- (a) all properties, funds and dues which are vested in or realizable by the Board shall vest in and be realizable by the State Government ; (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government. (3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 65.

In the Bombay Building (Control on Erection, Re-erection or Conversion) Act, 1948 after section 14, the following new section shall be inserted, namely :— "14A. Notwithstanding anything contained in this Act, the State Government may direct that the powers conferred and duties imposed upon the Controller under this Act, shall in the area in which the Gujarat Housing Board Act, 1961 has come into force, be exercised and performed by the Housing Board constituted under the said Act.".

(1) On the date appointed under sub-section (1) of section 3 of this Act (hereinafter referred to as " the appointed day") the Bombay Housing Board Act, 1948 and the Saurashtra Housing Board Act, 1954 (both referred to in this section as "the repealed Acts " ) shall stand repealed. (2) On the appointed day the Gujarat Housing Board constituted under the Bombay Housing Board (Dissolution and Reconstitution) Order, 1960 and the Saurashtra Housing Board constituted under the Saurashtra Housing Board Act, 1954 (both referred to in this section as "dissolved Boards") shall stand dissolved and all members of the dissolved boards shall vacate their office and on such dissolution the following consequences shall ensue, that is to say,— (i) all rights of the dissolved Boards shall vest in the Board established under section 3 of this Act (hereinafter referred to as "the new Board") ; (ii) all property movable or immovable which immediately before the appointed day vested in the dissolved Boards shall, subject to the limitations and conditions, if any, attached thereto, vest in the new Board; (iii) all sums due to the dissolved Boards on any account shall be sums due to the new Board and shall be realizable by the new Board in accordance with the law for the time being in force ; (iv) all debts, liabilities and obligations incurred, including any loans borrowed and debentures issued, by or on behalf of the dissolved Boards and subsisting immediately before the appointed day shall be deemed to have been incurred, borrowed and issued by the new Board in exercise of the powers and functions conferred on it by this Act and shall be subject to the provisions of this Act and any guarantee for repayment of principal or payment of interest given before the appointed day by the State Government in respect of such loans and debentures shall be deemed to be a guarantee given under the relevant provisions of this Act and shall have effect accordingly ; (v) all contracts made and all matters and things undertaken by the dissolved Boards shall be deemed to have been made or undertaken by the new Board under this Act ; (vi) all prosecutions instituted by or on behalf of any of the dissolved Boards and all suits and other legal proceedings instituted by or against any such Board and pending immediately before the appointed day shall be continued and disposed of as if they had been instituted by, on behalf of or against the new Board under this Act or any other law for the time being in force; (vii) all proceedings under the repealed Acts pending immediately before the appointed day before an authority or officer appointed under the repealed Acts shall stand transferred to the corresponding authority or officer competent to entertain such proceedings under this Act and shall be disposed of by such authority or officer under this Act ; (viii) all proceedings under the relevant land acquisition law pending immediately before the appointed day for the acquisition of land for the purposes of any of the dissolved Boards shall be deemed to be proceedings for acquisition of such land for the purposes of the new Board and shall be completed accordingly ; (ix) all officers and servants in the employ of the dissolved Boards shall stand allotted for service to the new Board and shall, until provision is otherwise made under the provisions of this Act, be subject to the conditions of service to which they were subject before the appointed day : Provided that the conditions of service of any such officer or servant as applicable immediately before the appointed day shall not be varied to his disadvantage by the new Board except with the previous approval of the State Government. (3) Anything done or action taken and any right, liability or obligation acquired, accrued or incurred under the repealed Acts and not covered by sub-section (2)

(1) Nothing in this Act shall affect the powers of the Board to complete, after the commencement of the Gujarat Rural Housing Board Act, 1972, the execution of any housing scheme or part thereof in any area outside the urban area, which may have been partly executed by it before such commencement in such area.

(2) Notwithstanding anything contained in sub-section (1) of section 8 but subject to other provisions of this Act a member holding office immediately before the commencement of the Gujarat Housing Board (Amendment) Act, 1972, shall continue to hold office for a period of three years from the date of his appointment.