Chapter XII MISCELLANEOUS

All members, officers and employees of the Board, the members of committees, the Tribunal and all other persons entrusted with the execution of any function under this Act shall be deemed when acting or purporting to act in pursuance of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal code (Act 45 of 1860).

the Board shall be liable to pay such contributions for the leave salary, pension or provident fund of any officer or servant of the central or state government employed as managing director or as an officer or servant of the Board, or as the Tribunal or as an officer or servant of the Tribunal, as the case may be as may be required by the conditions of service under the central or State government to be paid by him or on his behalf.

In any area in respect of which a housing or an improvement scheme is in force the government may, by notification, declare that for the period during which such scheme remains in force and subject to such restrictions and notification, if any, as may be specified in the notification-(i) The powers and functions of the Municipal Commissioners under the Bihar and Orissa Municipal Act 1922 (B. & O. Act 7 of 1922) shall be exercised and discharged, by the Board, and (ii) The powers and functions of the Chairman of Municipality under the said Act shall be exercised and discharged by the Managing Director. (2) The Board or the Managing Director may delegate any of the function exercisable by it or him under sub-section (1) to any officer or employee of the Board. (3) The exercise or discharge of any of the powers or functions delegated under sub-section (2) shall be subject to such limitations, conditions and control as may be laid down by the Board or the Managing Director, as the case may be.

The Managing Director, shall if so directed by the government, forward to them a copy of all the papers which were laid before the Board for consideration at any meeting and furnish any return, statement, estimate statistics, or other information regarding any matter under the control of the Board, a report of any such matter and copy of any document in charge of the Managing Director.

(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government the Board shall submit to the Government a detailed report of the administration during the preceding year in such form as the government may direct. (2) The Government may give any local authority such directions as in their opinion are necessary or expedient for carrying out the purposes of this act after giving an opportunity to the local authoring the said objections, and it shall thereupon be the duty of the local authority to comply with such directions.

(1) The government may give the Board such directions as in their opinion are necessary or expedient for carrying out the purposes of the Act, and thereupon it shall be the duty of the Board to comply with such directions. (2) the Government may give any local authority such directions as in their opinion are necessary or expedient for carrying out the purposes of this Act after giving an opportunity to the local authority concerned to state its objections, if any to such directions and after considering the said objections, and it shall thereupon be the duty of the local authority to comply with such directions.

(1) If the government are of opinion that the Board is unable to perform, or has persistently made default in performance of the duty imposed on it by or under this Act or has exceeded or abused its powers, they may, by notification supersede the Board for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section, the government shall by notice require the Board to show cause within such period as may be specified in the notice why it should not be superseded and shall consider the explanations and objections, if any, of the Board. (2) Upon the publication of a notification under sub-section (1) dissolving the Board-(a) The Chairman, and all the members of the Board shall, as from the date of supersession vacate their offices as such, (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board and the Chairman shall during the period of supersession, be exercised and performed by such authority or person as the government may direct, (c) All funds and other property vested in the Board shall during the period of supersession vest in the authority or person referred to in clause (b), and (d) All liabilities legally subsisting and enforceable against the Board shall be enforceable against the authority or person referred to in clause (b) to the extent the funds and properties vested in it or him. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the government may-(a) Extend the period of supersession for such further period as they may consider necessary; or (b) Reconstitute the Board in the manner provided in section 4.

(1) If the government are of opinion that the Board has failed to carry out its functions under this Act or that for any other reason it is not necessary to continue the Board, they may, by notification, dissolve the Board from such date as may be specified in the notification. (2) Upon the publication of a notification under sub-section (1) dissolving the Board- (a) The Chairman all the members of the Board shall from the date of dissolution, vacate their offices as such; (b) all the powers and duties which may, by or under the provisions of this Act, be exercise and performed by or on behalf of the Board and the Chairman shall from the date of dissolution be exercised and performed by the government or such authority or person as they may appoint in this behalf; (c) All funds and other property vested in the Board shall vest in the government; and (d) All liabilities, legally subsisting and enforceable against the Board shall be enforceable against the government to the extent of the funds and properties vested in them.

the Board shall be deemed to be a local authority for the purposes of the Land Acquisition Act. 1894 (Act 1 of 18940 and the Local Authorities Loans Act, 1914 (Act 9 of 1914).

(1) every contract or assurance or property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be prescribed. (2) Notwithstanding anything contained in the Indian Registration Act, 1908 (Act 16 of 1908), it shall not be necessary for the Managing Director or any officer of the Board authorised to execute on behalf of the Board any agreement or other instrument to appear in person or by agent at any registration office in any proceedings connected with the registration of any such agreement or instrument or to sign as provided in section 58 of that Act: Provided that the registering officer to whom such instrument is presented may, if he thinks fit refer to the Managing Director or such officer for information respecting the same and shall, on being satisfied of the execution thereof, register the instrument.