Chapter II Chapter II

(1) The Government may, by notification, establish a Board to be called the Haryana Rural Sanitation Board. (2) The Board shall be a body corporate having perpetual succession and a common seal and shall sue or be sued and do all such things as are necessary for carrying out the purposes of this Act.

(1) Every member shall hold office during the pleasure of the Government. (2) The conditions of service of the members shall be such as may be prescribed. (3) The salary and allowances to the members shall be paid out of the fund. (4) A member may at any time resign his office by submitting his resignation to the Government: Provided that the resignation shall not take effect until it is accepted.

During the absence of the Chairman on leave or otherwise the Government may appoint any person to act as Chairman and the person so appointed shall be deemed to be the Chairman for all purposes of this Act.

If a vacancy occurs in the office of the Chairman or member by death, resignation, removal or otherwise, it shall be filled by the Government by appointing a new Chairman or member, as the case may be.

No defect in the appointment of any person acting as Chairman or member shall be deemed to vitiate any act or proceedings of the Board if such act or proceedings are otherwise in accordance with the provisions of this Act.

(1) The Board may, with the prior approval of the Government, appoint necessary staff for the performance of the functions assigned to it under this Act: Provided that the Board may with the prior approval of the Government appoint officers in the service of the Government to attend to the functions of the Board in addition to their duties under the Government. (2) The staff appointed under sub-section (1) shall be paid from the Fund of the Board such remuneration as the Board may, with the prior approval of the Government, fix from time to time. (3) The Board may, by regulations to be made with the previous sanction of the Government, prescribe conditions of service of the staff.

No person who has directly or indirectly any share or interest in any contract, by or on behalf of the Board or in any employment under, by or on behalf of the Board, otherwise than as an employee thereof, shall be appointed or retained as an employee of the Board.

(1) The Board may make bye-laws, not inconsistent with this Act and the rules made thereunder, prescribing the procedure for holding its meetings, for transaction of business thereof and such other matters which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act and submit the same for approval of the Government. (2) The Government may approve the bye-laws with or without modifications. (3) All bye-laws approved by the Government shall be published in the Official Gazette.

The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out the purposes of this Act.

(1) Every contract shall be made in the name of the Board and shall be signed for and on behalf of the Board by the chairman: Provided that no contract involving an expenditure or property of the value of five-lakh rupees or more shall be made without the previous sanction of the Government. (2) Every contract shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed. (3) A contract not made or executed as provided in this section and the rules made thereunder shall not be binding on the Board.

The Board may delegate its powers to the Chairman, member or any other employee with the approval of the Government.

(1) It shall be lawful for the Board to arrange for the execution of any of the following types of schemes in a Sabha area, namely: (a) water supply schemes; (b) sewerage schemes: Provided that before arranging for the execution of any scheme within a Sabha area, the Board shall consult the Gram Panchayat of the area concerned and obtain its concurrence to the scheme. (2) Any Gram Panchayat may request the Board to arrange for the execution of any of the schemes referred to in sub-section (1) within its area and the Board may, subject to availability of funds, make reasonable provision for executing such scheme.

(1) Before the first day of December in each year, the Board shall prepare and forward to the Government in such form as may be prescribed— (i) a programme for the next year; (ii) a budget for the next year; and (iii) a Schedule of the staff already employed and to be employed during the next year. (2) The programme shall contain such particulars, as may be prescribed, of schemes which the Board proposes to execute whether in part or whole during the next year. (3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year.

The Government may sanction the programme, budget and the Schedule of the staff forwarded to it with such modifications, if any, as it deems fit.

The Board may, at any time, vary any programme sanctioned by the Government or part thereof: Provided that no such variation shall be made if it involves an expenditure in excess of ten per centum of the amount as originally sanctioned for the execution of any scheme included in such programme or affects its scope or purpose.

The schemes of the Board shall be executed through the Haryana Public Works Department, Public Health Branch.

(1) It shall be lawful for the Board to recover from a Gram Panchayat, in such annual instalments as may be decided upon by agreement with the Gram Panchayat concerned, the whole or any portion of the expenditure incurred by the Board in the execution of any of the schemes under this Act within the Sabha area of the Gram Panchayat concerned. (2) If any Gram Panchayat fails to pay the amount as decided upon, it shall be recoverable from the Gram Panchayat in the manner laid down in the Local Authorities Loans Act, 1914.

If any dispute arises between the Board and a Gram Panchayat in respect of the matters provided for in this Act, such dispute shall be referred to the Secretary to Government, Haryana, in the Local Government Department whose decision thereon shall be final.