Chapter II ESTABLISHMENT OF THE BOARD

(1) the duty of carrying out the provisions of this Act shall subject to the restrictions, conditions and limitations therein contained, be vested in a board to be called "The Bihar state housing board" , and such board shall be a body corporate and have perpetual succession and common seal, and shall by the said name sue and be sued. (2) For the purposes of the land Acquisition Act, 1894 (Act I of 1894), the Local Authorities Loans Act, 1914(Act 9 of 1914), any other law for the time being in force the Board shall be deemed to be a local authority. (3) The Board shall have its head office at a place to be specified by the State Government and also an office at the headquarters of each unit and may have offices at such other places as it may consider necessary or be directed by the State Government. These regulations shall be administered by the Managing Director subject to the general guidance and resolutions of the Board. The Managing Director may delegate his power to any officer of the Board subject to the approval of the Board.

(1) The Board shall consist of the following members. Namely:- (a) A Chairman appointed by the State Government. (b) A Managing Director appointed by the State Government, (C) A Secretary appointed by the State Government, who shall be the Member Secretary of the Board, (d) Secretary to Government of Bihar, housing Department or the representative -- ex – officio. (e) Finance Commissioner or a representative nominated by him who will not be an officer below the rank of Special Secretary or Additional Secretary –ex officio, (f) Special Secretary to Government of Bihar, Planning Department – ex-officio, (g) Chief Engineer, Public Health Engineering Department –Ex-officio (h) Chief Engineer, Housing Board- ex-officio (j) Four non –official member, having knowledge of Housing Problems in the State and Special qualification in this respect, appointed by the State Government (2) The appointment of Chairman and members specified in clauses (a) to (j) of sub-section (1) shall be notified in the Bihar Gazette. All agreements made under these regulations shall be executed on behalf of the Managing Director or such officer as may be authorised by him in this behalf.

There shall be an Executive Committee consisting of five members including the Managing Director who shall be the Chairman of the Committee. Other four members shall be the following:- (i) One non-official member nominated by the State Government ort of the non – official members of the Board. (ii) Chief Engineer of the Housing Board; and (iii) Two members nominated by the State Government out of the remaining ex-officio members of the Board.

(1) A person shall be disqualified for being appointed as, and for being a member of the Board if he- (a) Has been convicted by a criminal court for an offence involving moral turpitude, unless, such conviction has been set aside, (b) is an applicant to be adjudicated a bankrupt or insolvent or is an uncertificated bankrupt or undischarged insolvent, (c) holds any office or place of profit under the Board, (d) Has directly or indirectly, by himself or by any partner, employer or employee any share or interest in contract or employment with, by or on behalf of, the Board. (e) is a director or a secretary manager or other salaried officer or any incorporated company which has any share or interest in contract or employment with by or on behalf of the Board, or (f) Is of unsound mind : Provided that nothing contained in clause (c) shall apply to the Chairman. (2) A person shall not however, be disqualified under clause (d) or clause (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of those clause, by reason only of his or the incorporated company of which he is a director, secretary, manager or other officer, having a share or interest in (i) Any sale, purchase, lease or exchange of immovable property or any Agreement for the same (ii) Any agreement for the loan of money or any security for the payment of money only, (iii) Any newspaper in which any advertisement relating to the affairs of The Board of inserted, and (iv) The occasional sale to the Board to a value not exceeding Rs. 2,000 in any one year, of any article in which he or the incorporated company regularly trades. (3) A person shall not also be disqualified under clause (d) or clause (e) of sub section (1) or be deemed to have any share or interest in incorporated company which has any share or interest in any contract or employment will, by on behalf of the Board, the board by reason only of his being a share holder of such company: Provided that such person discloses to the Government the nature and extent of the Shares held by him. (ii) Any agreement for the loan of money or any security for the payment of money only, (iii) Any newspaper in which any advertisement relating to the affairs of The Board of inserted, and (iv) The occasional sale to the Board to a value not exceeding two thousand rupees in any one year, of any article in which he or the incorporated company regularly trades. (3) A person shall not also be disqualified under clause (d) or clause (e) of sub section (1) or be deemed to have any share or interest in incorporated company which has any share or interest in any contract or employment will, by on behalf of the Board, the board by reason only of his being a share holder of such company: Provided that such person discloses to the Government the nature and extent of the Shares held by him. The Board shall execute housing schemes for the provision of dwelling units or sites for eligible individuals or different income groups.

(1) Subject to the provisions of section 10 the term of office of members including the Chairman but not including the ex-officio members shall be three years commencing on the data on which their appointment is notified: Provided in case of an official Chairman he shall be deemed to have vacated his office on transfer, resignation or retirement: Provided further that the State Government may by notification extend the said period by an period not exceeding six months. (2) A member shall, if not disqualified for any of the reasons mentioned in section 5, be eligible for re-appointment at the end of his terms of office. (3) Any non- official member may resign his office by giving notice in writing to the Government but he shall continue in office until his resignation is accepted by the Government, The disposal of a property shall be effected by either sale or hire- purchase or in such other manner and subject to such terms and conditions as may be deicided by the Board from time to time.

(1) Chairman and the Managing Director shall be paid such salary and allowances as may be fixed by the Government; Provided in the event of non-official person being appointed as Chairman, he shall be part time officer and his chief function shall be to preside over meeting of the Board. The hire-purchase price or sale lease hold or the disposal price, as the case may be shall be such price as may be determined by the Board or as arrived at by auction in cases prescribed hereinafter.

(1) The Government may, from time to time, grant to the Chairman and Managing Director such leave as may be admissible under the rules. (2) whenever the Chairman is out of the state and the period of his absence exceeds 15 days or the Chairman for some reasons, is unable to perform his duties or for some reasons the post of Chairman is vacant, or the Chairman has resigned from his post, the Managing Director shall perform all the duties of the Chairman till such time that regular appointment is not made to the post of the Chairman under the provisions of this Act. (3) The Chairman and Managing Director shall draw their tour programme with the approval of the State Government. A dwelling unit or flat or house site shall be allotted only to such persons-(a) Who must be a citizen of India. (b) Who must be domiciled in Bihar. (c) Who shall have attained the age of maturity at present 18 years and not insolvent under law on the date of filing application, and (d) Who or his wife /her husband or his /her dependant minor children do.Not own any land or house fully or partly either on free hold or lease-hold basis in the town within 8 Km. Of the area of the Municipal Corporation, Municipality or notified Area of the Housing Estate of the Board , Improvement Trust or any other Government undertakings for which application is made. Note.- If an applicant has house side or dwelling unit on lease-hold or free-hold basis , in any town of the State, either in his own name, or in the name of his wife/husband or minor children , he shall not be eligible for allotment of dwelling units/sites.

(1) If at any time it appears to the Government that the Chairman has shown himself to be unsuitable for his office or has been guilty of any misconduct or neglect which renders his removal expedient, they may notification, remove the Chairman from office. (2) The Government may, by notification, remover any non-official members from office- (a) If he has, without the permission of the Board, been absent for more than three consecutive meeting of the Board, or (b) if he has been absent from the of the Board for any period exceeding that permitted under section 10, or (c) if he being a legal practitioner, acts or appears on behalf of any person other than the Board in any civil criminal or other legal proceedings in which the Board is interested, either as a party or otherwise, or (d) if he, in the opinion of the Government contravened the provisions of section 14, or (e) if he has , in the opinion of the Government, is unsuitable or has become incapable of acting as a member, or has so abused his position as a member as to render his continuance as such member detrimental to the public interest. (3) A non-official member removed under any of the provisions of clauses (a) to (c) of sub-section (2) shall be disqualified for appointment as a member for a Period of three years from the date of his removal unless otherwise ordered by the Government. (4) A non-official member removed under clause (e) of sub- section (2) shall not be eligible for reappointment until he is declared by an order of the Governed to be no longer eligible, The applicant must belong to the particular income group in which category the dwelling unit or flat or site applied for is available. The various income groups are indicated below:-(a) Economically weaker sections- Up to Rs. 6,000 P.a. (b) Low Income – Rs. 6001 to Rs. 12000. (c) Middle Income – Rs. 12001 to 24000. (d) High Income – Rs. 24001. Note.- (1) The Board may modify the income range from time to time on all India or regional or state or Basis subject to the approval of the Government. (2) It there are no applicants for house site/or house /flats in particular income group, the Board may offer them for allotment to applicants belonging to other income groups in the higher category subject to the approval of the Government. Preference will be given to those applicants of High Income Group, in allotment of plots, who willing to pay the premium in Foreign Exchange.