The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
Chapter VII SLUM CLEARANCE BOARD
Chapter VII SLUM CLEARANCE BOARD
21. Establishment of Slum Clearance Board
21.
- (1) With effect on and from such date as the State Government may by notification in the Official Gazette, appoint in this behalf, there shall be established a Board to be called the Gujarat Slum Clearance Board.
- (2) The Board shall be a body corporate having perpetual succession and a common seal, and shall, by the said name sue and be sued, and shall be competent to acquire and hold property, both movable and immovable and to contract and do all things necessary for the purposes of this Act.
Chapter VII SLUM CLEARANCE BOARD
22. Constitution of the Board
22.
- (1) The Board shall consist of a Chairman and such number of other official and non-official members not exceeding fifteen as may be prescribed.
- (2) The Chairman and other members of the Board shall be appointed by the State Government.
- (3) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof.
Chapter VII SLUM CLEARANCE BOARD
23. Conditions of service of members
23.
Chapter VII SLUM CLEARANCE BOARD
24. The terms and conditions of the service of the members of the Board shall be such as may be prescribed.
Appointment of officers and servants 24.
- (1) The Secretary to the Board shall be appointed by the State Government.
- (2) The Secretary shall be the Chief Executive Officer of the Board.
- (3) The Board may appoint such other officers and servants as it considers necessary for the efficient performance of its functions.
Chapter VII SLUM CLEARANCE BOARD
25. Conditions of service of officers and servants
25.
- (1) The pay and other conditions of service of the officers and servants of the Board shall be such as may be prescribed.
- (2) Where any officer or servant of the Housing Board is appointed as an officer or servant of the Board, his conditions of service (including conditions as to pay, provident fund, pension and gratuity) shall be subject to such rules as may be made in this behalf by the State Government.
Chapter VII SLUM CLEARANCE BOARD
26. General disqualification of members, officers and servants
26. No person who has directly or indirectly by himself, or his partner or agent, any share or interest in any contract by or on behalf of the Board shall become or remain a member or officer or servant of the Board.
Chapter VII SLUM CLEARANCE BOARD
27. Functions of the Board
27. The functions of the Board shall be,
- (a) to exercise the powers of the prescribed authority in cases where the State Government has, by notification in the Official Gazette, directed that the powers of the prescribed authority shall be exercised by the Board;
- (b) to advance loans to the owners and occupants in slum areas for carrying out improvements or repairs and the Board shall be competent to raise funds for this purpose:
- (c) to operate schemes relating to development of open lands into plots in slum areas, with all
Chapter VII SLUM CLEARANCE BOARD
28. Board's fund
28.
- (1) The Board shall have its own fund.
- (2) The Board may accept grants, subventions, donations and gifts from the Central or State Government or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
- (3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of lands or any other kind of property sold by the Board, all rents, betterment charges and all interest, profits and other moneys accruing to the Board shall constitute the fund of the Board.
- (4) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Reserve Bank of India or in any scheduled bank or invested in such securities as may be approved by the State Government.
- (5) Such account shall be operated upon by such officers as may be authorised by the Board. Explanation:, For purposes of this section, the Reserve Bank of India shall mean the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934, and a scheduled bank shall mean a bank included in the Second Schedule to the said Act.
Chapter VII SLUM CLEARANCE BOARD
29. Application of the fund
29.
Chapter VII SLUM CLEARANCE BOARD
30. All property, fund and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.
Subventions and loans to the Board 30.
- (1) The State Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.
- (2) The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.
Chapter VII SLUM CLEARANCE BOARD
31. Power of Board to borrow
31.
- (1) The Board may from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf borrow any sum required for the purposes of this Act.
- (2) Rules made by the State Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers.
- (3) All debentures issued by the Board shall be in such form as the Board with the sanction of the State Government may from time to time determine.
- (4) Every debenture shall be signed by the Chairman and one other member of the Board.
- (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the re-payment of principal and the payment of interest at such rate as may be fixed by the State Government.
Chapter VII SLUM CLEARANCE BOARD
32. Accounts and audit
32.
- (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare in accordance with the rules an annual statement of accounts.
- (2) The Board shall cause its accounts to be audited annually by such person as the State Government may direct.
- (3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government, and shall cause the accounts to be published and place copies thereof on sale at a reasonable price.
- (4) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.
- (5) The annual audited statement of accounts together with the report of the auditor received by the State Government under sub-section
- (3) shall be laid before the State Legislature as soon as may be after they are published.
Chapter VII SLUM CLEARANCE BOARD
33. Concurrent and special audit of accounts
33.
- (1) Notwithstanding anything contained in section 32, the State Government may order that there shall be a concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or transactions relating to a particular period.
- (2) When an order is made under sub-section
- (1) the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section
- (1) such information as the said person may require for the purpose of audit.
Chapter VII SLUM CLEARANCE BOARD
34. No disqualification in certain cases
34.
Chapter VII SLUM CLEARANCE BOARD
35. No person shall be disqualified for being chosen as, or for being, a member of the Legislative Assembly of the State by reason only of the fact that he is a Chairman or a member of the Board.
Power of Board to make regulations 35.
Chapter VII SLUM CLEARANCE BOARD
36. The Board may make regulations in regard to its meetings and conduct of its business.
Board to comply with direction of Government 36. It shall be the duty of the Board to comply with such directions as the State Government may from time to time issue either generally or in regard to any particular matter.
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