BIHAR STATE HOUSING BOARD ACT, 1982
Chapter IV OFFICERS AND EMPLOYEES
Chapter IV OFFICERS AND EMPLOYEES
16. Appointment of officers and employees.
(1) The Board shall have a Chairman, a Managing Director, a Secretary, a Housing Chief Engineer, a Chief Accounts Officers and such other officers and employees, as it considers necessary for the efficient performance of its functions. (2) (a) The appointment of the Chairman, Managing Director, Secretary, the Housing Chief Engineer and Chief Account and employees of the Board shall be made by the Board, (b) The Secretary to the Board shall perform the following functions:- (i) Submission of matters for consideration or orders of the Board, (ii) Communication of orders and resolutions of the Board, (iii) Control over the general administration of the Board, and (iv) Functions prescribed by the State Government from time to time, (3) Subject to the provision of sub-section (1) --- (i) The Board may, with the previous approval of the State Government sanction the creation of any post the maximum scale of which exceeds Rs. 1,580 per month provided appointment to such a post will be made in consultation with the Public service Commission of the State, and prior approval of the Government. (ii) The Board shall have power to create posts in its establishment the maximum pay- scale which does not exceed Rs. 1,580 per month provided the appointment to a post above the monthly income of Rs. 840 will be made in consolation with the Public Service Commission of the State. (iii) (a) The Managing Director may appoint temporarily for a period not exceeding three months, such officers or employees, as may, in his opinion, be required for the purposes of this Act, and the employment of whom for any particular work has not been prohibited by any resolution of the Board. The Managing Director shall not appoint or extend the services of any such officer beyond three months without the prior approval of the Board and the prior sanction of the Government. (b) Every appointment made under clause (a) shall be reported by the Managing Director to the Board at its next meeting. The allottee or hirer shall be liable to pay such charges ,if any incurred by the Board on the maintence of roads , water supply, drainage ,street lighting and other services or amenities with a Housing Estate.
Chapter IV OFFICERS AND EMPLOYEES
17. Conditions of service of officers and employees of the Board.
The remuneration and other conditions of service of the Managing Director, Secretary, Housing Chief Engineer, Chief Accounts Officer other Officers and employees of the Board shall be such as may be prescribed by regulations approved by the Government. The Board shall offer property on lease or hire purchase or sale on the basis of property circumstances that exist at the time. The allottee or hirer shall fully make himself conversant with the property circumstances and he shall be precluded from making complaint or raising objections or setting up claims regarding the property circumstances at any subsequent stage.
Chapter IV OFFICERS AND EMPLOYEES
18. Promotion and punishment of the officers and employees of Board.
(1) subject to any regulation made under section 19 the power of making promotions to posts in the service of the Board, fining, withholding promotions from reducing, suspending, emoting or dismissing such officers and employees for any breach of departmental rules or discipline or for carelessness, unfitness neglect of duty or misconduct, and of discharging such officers and employees from the service of the Board for any other sufficient reasons shall be exercised by the following authorities, namely:- (a) by Managing director in the case of posts, the maximum monthly pay-scale of which does not exceed Rs. 840 and the employees holding such posts; (b) by the Board after consultation with the public service commission of the State, in the case of post, the maximum monthly pay-scale of which exceeds Rs. 840 but does not exceed Rs. 1,580 and officers and employees holding such posts; (c) by the Board after consultation with the public service commission of the state and with the previous sanction of the government in the case of posts ,the maximum salary of which exceeds Rs. 1,580 and officers and employees holding such posts: Provided that any officer employees of the central or state Government or local authority, whose services have been lent to the Board, shall not be so punished except by an authority which would have been competent to do so, if his service, had not been so lent ,but the managing director of the Board as the case may be shall entitled to make an enquiry and to report with a recommendation in that behalf against such employees to such authority: Provided further that in consultation with the Public Service Commission under clause (b) or (c) shall not be necessary in the case of appointment of technical personnel made for a period not exceeding six-months: Provided further also that it shall not be necessary to consult State Public Service commission in case of censuring, fining or suspending and further that the provision of this section shall not apply in case of reverting back to original post from officiating promotions and termination of service from after completion of term of temporary appointment. (2) Any officer or employee of Board who is aggrieved by an order passed under sub-section (1) may, within two months from the date of receipt by him of such order, appeal- (a) To the Board, if the order was passed by the Managing Director, and (b) to the Government, if the order was passed by the Board: provided that in all cases the order of the Government shall be final (3) For the purposes of this section, an order of suspension only shall not be deemed to be an order of punishment. The Board or such agency as it may decide shall be responsible for maintences, running, control and regulations for use of common portions and common services of each block in a Housing Estate and it shall be the duty of such agency to administer these common portions and common services. The allottee or the hirer shall be liable to pay to the Board or the special Agency of the charges for the purpose as decided by the Board or the Special Agency of the charges for the purpose as decided by the Board. In case of failure on the part of the allottee or hirer to make such payment the Board shall have the power to recover such amount as arrears of land revenues.
Chapter IV OFFICERS AND EMPLOYEES
19. Service regulations.
Subject to the provisions of this Act, the Board shall with the previous approval of the Government, make regulations- (a) fixing the salary and allowances of the Chairman, Managing director, Secretary, chief Engineer, chief Accounts Officer and other officers and employees of the Board; (b) Fixing the amount and nature of the security to be furnished by an officer or employee of the Board from whom it may be deemed expedient to require security; (c) For regulating the grant of leave of absence, leave allowances and acting allowances to the officers and employees of the Board; Provided that employee of the Central or State Government employed as an officer or employee of the Board shall not be entitled to leave allowances, otherwise than as laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service; (d) for establishing and maintaining a provident and annuity fund, for compelling all or any of the officers or employees of the board other than any employee of the Central or State Government in respect of whom a contribution is paid under section 105 to subscribe to such fund at such rates and subject to such conditions as may be prescribed, and for supplementing out of the funds of the Board; and (e) For determining the conditions under which the officer and employees of the Boards or any of them shall on retirement receive gratuities or compassionate allowances and the amount of such gratuities and compassionate allowances: Provided that it shall be at the discretion of the Board to determine whether all such officers and employees or any of them and if so which of them shall become entitled on retirement to any such gratuities or compassionate allowances as aforesaid. The Board shall inform Government of all the allotments, town wise and scheme wise ,made during a financial year in respect of each income group.
Chapter IV OFFICERS AND EMPLOYEES
20. Statement of strength and remuneration of staff
On the first day of May every year the Board shall prepare and maintain a schedule of establishment as on the first day of April of the year showing- (a) the number ,designation and grades of the officers and employees other than employees who are paid by the day or whose pay is charged to temporary work, home it considers necessary and proper to employ for the purposes of the Act, (b) The amount and nature of the salary, fees and allowances to be paid to each such officer and employee, and (c) The contributions payable under section 105 in respect of each such officer and employee. The Managing Director or the officer authorised by him in this behalf shall cause a public notice to be issued indicating general features of the housing Scheme , number of dwelling units or flats or sites to be allotted and inviting applications for allotment.
Chapter IV OFFICERS AND EMPLOYEES
21. Housing Units.
(1) The board may with the previous approval Government establish by resolution a Housing Unit for any city or for any other area for the efficient performance of its function in that area: (2) Every Housing Unit shall form part of the establishment of the Board and shall consist of such officers and servants as may be admissible according to standards prescribed by the government. (3) Every Housing Unit shall be under the charge of an officer who shall exercise such power and perform such duties and functions which may be assigned to him by the Managing Director under section 22 of the Act. Such officer shall be under administrative control of the Managing Director The applications shall be sent with prescribed affidavit documents and the application fee as may be determined by the Board.
Chapter IV OFFICERS AND EMPLOYEES
22. Control and delegation by Managing Director
(1) The Managing director shall exercise supervision and control over the acts and proceeding of all officers and employees of the Board, and , subject to the foregoing sections and Subject also to such control and revision as may be prescribed , shall decide all questions relating to the services of the said officers and employees and their salaries , allowances, benefits and privileges. (2) The Managing Director may, by general or special order in writing delegate to any officer of the Board, any of this powers, duties or functions under this Act, or any rules or regulations made hereunder, except those under sections under sections 11, 90 and 93: Provided that – (a) The Managing Director shall not delegate his powers under sections 24 and 65 to incur expenditure and to approve estimates for any single work or scheme, the value of which exceeds fifty thousand rupees; (b) The Managing Director shall not delegate his power under section 16 to make appointments on posts the maximum monthly pay-scale of which exceeds three hundred seventy –five rupees; and (c) The Managing Director with the prior approval of the Board may delegate any of his powers, duties and functions under section 18. (3) The exercise of discharge by any officer of any powers, duties or functions delegated to him under sub-sections(2) shall be subject to such restrictions and limitations as may be imposed by the Managing Director and shall also be subject to his control and revision. (4) Against any order of the nature, referred to in sub-section (2) of section 18 passed by officer to whom the Managing Director's powers in that behalf has been delegated , an appeal shall lie to the Board, and if the Managing Director has himself revised the order of such officer, an appeal shall lie to the Board against the order of the Managing Director. All application as received shall be entered serially in the application register. The serial number of each application shall be determined by the time and sate mentioned on the Bank scroll through which the necessary fee shall be paid.
Chapter IV OFFICERS AND EMPLOYEES
23. Power to set aside resolution or order of the Board
The Government may stay or set aside any resolution of the Board or any order of the Managing Director or the Board , if in the opinion of the resolution or order is in excess of the power conferred by law, or is not in consonance with the public interest. Provided that this sub-section shall not apply where the land acquired as situated in area which is declared by the government to be a congested or slum area and the land is not in the actual possession of the owner. Any Managing Director or any official authorised by him shall acknowledge receipt of each application.
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