Chapter IV Chapter IV

(1) The Board shall have a fund called the Rural Sanitation Fund. (2) The Board may accept grants, subventions, donations and gifts from the Central Government 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 under this Act, shall be credited to the Fund. (4) Except as otherwise directed by the Government, all moneys and receipts specified in the foregoing provisions and forming part of the Fund shall be deposited in the State Bank of India or in any Scheduled Bank or Co-operative Bank or invested in such securities as may be approved by the Government and shall be operated by such officers as may be authorised by the Board. Explanation.- For the purposes of this section, a Scheduled Bank means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934.

All property vesting in the Board including the Fund and all other assets shall be held and applied for carrying out the purposes of this Act.

(1) Where in the opinion of the Board circumstances of extreme urgency have arisen, it shall be lawful for the Board to incur for carrying out the purposes of this Act in any year, an expenditure of such amount as may be prescribed, notwithstanding the fact that such expenditure has not been included in its programme or supplementary programme sanctioned by the Government or the variation of the programme made under section 18. (2) Where any sum is expended under sub-section (1), a report thereof indicating the source from which the expenditure is met shall be made by the Board as soon as practicable to the Government. (3) The Board may, within the budget sanctioned by the Government, approve appropriation from one head to another and from one minor head to another under the same major head not exceeding such amount as may be prescribed and submit a statement of such appropriation to the Government.

The Government may, from time to time, make subventions or advance loans to the Board on such terms and conditions, not inconsistent with the provisions of this Act, as the Government may determine.

(1) The Board may, from time to time, with the previous sanction of the 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 carrying out the purposes of this Act, by the issue of debentures or otherwise. (2) All debentures issued by the Board shall be in such form as the Board may with the sanction of the Government determine from time to time. (3) Every debenture shall be signed by the Chairman and one other member, if there is any. (4) Loans borrowed and debentures issued under this section along with interest, may be guaranteed by the Government.

The Board shall be deemed to be a local authority for the purposes of the Local Authorities Loans Act, 1914.

(1) Notwithstanding anything contained in section 28, the Government may order that there shall be concurrent audit of the accounts of the Board by such person or agency as it thinks fit. The Government may also direct a special audit to be made by such person or agency as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period. (2) Where 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 or agency appointed under sub-section (1) such information as he or it may require for the purpose of audit.

(1) The Government may transfer to the Board on such terms and conditions as the Government may deem fit to impose, building, land or any other property, movable or immovable, for use in management by the Board for the purposes of this Act. (2) The Government may transfer to the Board for the purposes of this Act, subject to such terms and conditions as the Government may deem fit to impose such schemes or works in progress, with all their assets and liabilities as are run or managed by the Government.

The Board shall submit to the Government such reports, statistics, returns or statements of such matters and in such form and manner as may be prescribed or as the Government may from time to time direct.

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.

The Chairman may authorise in writing, any person either generally or specially to enter into or upon any land, in order to- (a) make inspection, survey, measurement, valuation or inquiry ; (b) take levels ; (c) dig or bore into the sub-soil ; (d) set up boundaries and intended lines of work ; (e) cut trenches ; or (f) 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- (ii) no dwelling house and no public building which is used as a dwelling-house, shall be so entered, even with the consent of the occupier thereof, and without giving the said occupier at least twenty-four hours' notice 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 occupied by women 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 purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.

The Government may give to 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, and after considering the said objections, the Government may drop, modify or confirm the directions whereafter it shall be the duty of the Board to comply with such directions.

(1) If the Government is satisfied that the Board has defaulted in performing any duty or function imposed on it by or under this Act, it may fix a period for the performance of such duty or function by the Board. (2) If in the opinion of the Government the Board fails or neglects to perform such duties or functions within the period so fixed, it shall be lawful for the Government, to supersede and reconstitute the Board. (3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board and the Chairman under this Act shall be carried on by the Government or by such officer or officers as the Government may appoint in this behalf.

(1) The Government may, by notification, 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 provide for all or any of the following matters, namely:— (a) [---] (b) [---] (c) the particulars to be contained in the programme under section 15; (d) the conditions subject to which the Board may borrow any sum under section 26; (e) the manner of preparation, maintenance and publication of accounts under section 38; (f) the form and manner in, and the matters on which, reports, statistics, returns or statements shall be submitted under section 31; and (g) any other matter which is to be or may be prescribed under this Act. (3) Every rule made under this section shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the Legislature agrees in making any modification in the rule or the legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form 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.

(1) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act XVI of 1908), it shall not be necessary for the Chairman to appear in person or by agent at any registration office in any proceedings connected with registration of any instrument executed by him in his official capacity on behalf of the Board or to sign as provided in section 58 of that Act. (2) Where any instrument is so executed, the registration officer to whom such instrument is presented for registration may, if he thinks fit, refer to the Chairman for information regarding the same and on being satisfied of the execution thereof, shall register the instrument.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.