Chapter VI MISCELLANEOUS

Members and servants of Board to be public servants.- Members and officers and other employees 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, (45 of 1860).

Protection of action taken under this Act.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done by or under this Act.

Dissolution of the Board.-

1. (1) If at any time the [Government of Himachal Pradesh] is satisfied that:-
   • (a) the Board has without reasonable cause or excuse, made default in the discharge of its duties or in the performance of its functions imposed or entrusted by or under this Act, or exceeded or abused its powers; or
   • (b) circumstances have so arisen that the Board is rendered unable to discharge its duties or perform its functions under this Act; or
   • (c) it is otherwise expedient or necessary to dissolve the Board; the [Government of Himachal Pradesh] may, by notification in the Official Gazette, dissolve the Board from such date and for such period as may be specified in the notification and declare that the duties, powers and functions of the Board shall, during the period of its dissolution, be discharged, exercised and performed by such person or authority as may be specified in the notification : Provided that the [Government of Himachal Pradesh] shall, before the dissolving the Board, give a reasonable opportunity to it to show cause against the proposed action.
2. (2) The [Government of Himachal Pradesh] shall, before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of this Act.
3. (3) The [Government of Himachal Pradesh] may make such incidental and consequential provisions as may appear to it to be necessary for giving effect to the provisions of this section.
4. (4) Any notification issued or order made by the [Government of Himachal Pradesh] under this section shall be final and shall not be questioned in any civil court.
5. (5) When the Board is dissolved under sub-section (1),-
   • (i) all members shall, from the date of dissolution, vacate their offices as such members;
   • (ii) all properties funds and dues which are vested in, or realisable by, the Board shall, during the period of dissolution, vest in or be realisable by the [State Government];
   • (iii) all claims and liabilities legally subsisting and enforceable by or against the Board shall be enforceable as if those claims and liabilities had been entertained or incurred, as the case may be, in connection with the administration of the [areas as comprised in Himachal Pradesh immediately before 1st Nov. 1966].

Recovery of arrears.- If any amount due to the Board in accordance with the terms of a contract or otherwise or any sum payable in connection therewith, has not been paid, the Board may, without prejudice to any other remedy provided by law, recover such amount or sum as if it were an arrear of land revenue.

Power to write off irrecoverable sums.- The Board shall be competent to write off any sum due to it if such sum is, in its opinion, irrecoverable : Provided that -

1. (i) where the sum written off in favour of any one person exceeds five hundred rupees; or
2. (ii) where the aggregate of the sums written off in a financial year exceeds five thousand rupees; the previous sanction of the [Government of Himachal Pradesh] shall first be obtained.

Power to make rules.-

1. (1) The Government of Himachal Pradesh may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely:-
   • (a) the place at which the office of the Board shall be located;
   • (b) the terms of office of, and the manner of filling casual vacancies among the members and the terms and conditions of service of the Chairman, Vice-chairman, the Secretary and the other members, including the pay and allowances to be paid to them and the travelling and daily allowances to be drawn by them;
   • (c) the disqualifications for membership of the Board and the procedure to be followed for removing a member who is or who becomes subject to any disqualification;
   • (d) the powers and duties to be exercised and discharged by the Chairman and the Vice-chairman;
   • (e) the procedure to be followed in the performance of functions by members;
   • (f) the powers and duties to be exercised and discharged by the Secretary, the Financial Adviser, the Chief Executive Officer and the Executive Officer of the Board.
   • (g) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board;
   • (h) the constitution of the Standing Finance Committee and other standing committee;
     • (i) the date by which and the form in which the budgets and the supplementary budget shall be prepared and submitted each year under sections 25 and 26;
   • (j) the procedure to be followed for placing the Board in possession of funds;
   • (k) the procedure to be followed and the conditions to be observed in borrowing moneys and in granting loans;
   • (l) the form and the manner in which the reports, returns or statement shall be submitted under sections 27 and 28;
   • (m) the form and the manner in which the accounts and records of the Board shall be maintained and the annual statement of accounts shall be maintained and the annual statement of accounts shall be prepared under section 29; and
   • (n) any other matter which has to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen 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 sessions aforesaid, the Assembly makes any modification in the rule or decides 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.

Power to make regulations.-

1. (1) The Board may, with the previous sanction of the [Government of Himachal Pradesh ] by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to perform its functions under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :-
   • (a) the terms, and conditions of appointment and service and the scales of pay of officers and other employees of the Board other than the Secretary, including the payment of travelling and daily allowances in respect of journeys undertaken by such officers and employees for the purposes of this Act ;