Chapter II THE

Boarp oF TRUSTEES Constitution of the Board

The duty of carrying out the provisions of this Act shall, subject to the restrictions, conditions and limitations there contained, be vested in a Board to he called “The Board of 1 ustees for the Improvement of the City of Trivandrum’; and such Board shall be a body corporate and have perpectunt succession und a common seal, and shall by the said name sue and be sued.

as follows:—

1. (2) Chairman with such qualifications as may be prescribed who shall be appointed by the Government ;
   • (b) the District Collector, Trivandrum, ex-gfficio;
   • (c) the Commissioner of the Corporation of Trivandrum, ex officio ; .
   • (d) the Chief Town Planner, ex-officio ; (¢) the Director of Health Services, ex-officio ; . [4
   • (f) two members of the Council of the Corporation of Trivan- drum, elected by the Council ;
   • (g) three persons appointed by the Government.

or election of the Chairman and the other Trustees shall be notified in the Gazette. i

If the Council of the Corpo- ration of Trivandrum does not, within such time as may be prescribed } by the Government, elect one or both of the Trustees referred to in i clause (f) of section 4, the Government shall, by notification, appoint a member or two members, as the case may be, of the said Council to be | a Trustee or Trustees ; and every member so appointed shall be deemed i to be a Trustee duly elected by the Council. i 7. Disqualifications for election or appointment as Trustee.—(1) A person | : shall be disqualified for election or appointment as a Trustee, if he— }

1. (a) has been sentenced by a criminal court to imprisonment for | a period of not less than two years, such sentence not having been re- { versed or the offence pardoned : Provided that the Government may direct that such sentence shall not operate as a disqualification ;
2. (b) is an applicant to be adjudigated an insolvent or is an un | . discharged insolvent ; | (¢) holds any office or place of profit under the Board ; f . (d) has, directly or indirectly by himself or by any partner, | employer or employee, any share or interest in any contract or employ~ . ment with, by, or on behalf of, the Board ; or |
3. (e) is a director, or a secretary manager or other salaried officer ! of any incorporated company which has any share or interest in any } contract or employment with, by, or on behalf of, the Board. {

1. (2) A person shall not however be disqualified under clause (d) or i clause (¢) of sub-section (1) or be deemed to have any share or interest | in any contract or employment within the meaning of those clauses, by reason only of his, or the incorporated company of which he is a direc- i tor, secretary, manager or other salaried officer, having a share or in- { terest in— |
2. (1) 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 is inserted ; og R : i (iv) the occasional sale to the Board, to a value not exceeding two thousand rupees in any one financial year, of any article in which ' he or the incorporated company regularly trades ; | or by reason only of his having a share or interest, otherwise than as director, or secretary, manager or other salaried officer, In any incor- porated company which has any share or interest in any contract or employment with, by, or on behalf of, the Board.

time officer of the Board and shall not undertake any work unconnected with his office without the sanction of the Government.

The Chairman shall be paid such salary and allowances as may be fixed by the Government.

1. (1) The Government may grant leave of absence to the Chairman for such period as they think it.
2. (2) The allowance, if any, to be paid to the Chairman while absent on leave, shall be such amount, not exceeding his salary, as may be fixed by the Government : Provided that, if the Chairman is a servant of the Central or State Government, the amount of the allowance shall be such as he may be entitled to under the conditions of his service under the Central or State Government relating to transfer to foreign service.

1. (1) (a) When the Chairman is granted leave of absence or when the post of Chairman falls vacant cither by the resignation or death of the Chairman or otherwise, the Government may appoint a person to act as Chairman.
   • (b) A person so appointed shall be entitled to hold office as Chairman only for such period as may be fixed by the Government. 9 The Government may, from time to time, extend the period fixed under clause (b).
2. (2) Any person so appomnted—
   • (a) shall be paid-such salary and allowances as may be fixed by the Government ; and IR shall exerci.c the powers conferred, and perforin the duties imposed, by or under this Act on the Chairman, and shall be subject to the same habulities, restrictions and conditions as the Chairman.

‘Trustee, other than the Chairman or an ex-officio Trustee, to absent himself rom meetings of the Board for any period not exceeding such limit {which shall not be less than four consecutive months) as may be prescribed by the Government.

1. (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, by notification, re- move the Chairman from office.
2. (2) The Government may, by notification, remove any Trustee (other than the Chairman or an ex-officio Trustee) from oflice—
   • (a) if, in the opinion of the Government, he has contravened the provisions of section 20, or . -
   • (b) if he has without the permission of the Board, been absent ! from the meetings of the Board for any period exceeding three conse- cutive months, or
   • (c) if he has been absent from the meetings of kthe Board for any period exceeding the limit prescribed under section 12, or
   • (d) if he 1s a salaried servant of the Government and his conti- uance 1n office as a Trustee is, in the opinion of the Government, un- , desirable, or
   • (e) if he, being a legal practitioner, acts or appears on behalf of : any person in any suit or other legal proceeding against the Board or acts or appears on behalf of any person in any criminal proceeding instituted by or on behalf of the Board against such person, or
   • (f) if, in the opinion of the Government, he is unsuitable or has become incapable of acting as a Trustee or has so abused his position as a Trustee as to render his continuance as such detrimental to the public interest : Provided that when the Government propose to take action under this sub-section, an opportunity of explanation shall be given to the Trustee concerned, and, when such action is taken, the reasons there- for shall be placed on record.
3. (3) The Government shall, by noufication, remove any Trustee (other than an ex-officio Trustee) from office—
   • (i) if he has become disqualified for election or appointment as a Trustee for any of the reasons mentioned ir section 7 ; or
   • (ii) if he, having been elected or appointed as being a member of the Council of the Corporation of Trivandrum, ceases to be a mem- ber of such Council.
4. (4) A Trustee removed under any of the provisions of clauses (a) to (¢) of sub-section (2) shall be disqualified for election or appointment as a Trustee for a period of three years from the date of his removal unless otherwise ordered by the Government.
5. (5) A Trustee removed under clause (f) of sub-section (2) shall not be eligible for re-appointment or re-election until he 1s declared by an order of the Government to be no longer ineligible.

If any Trustee, other than an ex-officio Trustee, 1s permitted by the Board to absent himself from its meetings for any period exceeding three months, or if any such Trustee dies, or resigns his office, or is removed from office under i section 13, the vacancy shall be filled within two months by a fresh appointment or clection, as the case may be.

1. (1) Subject to the provisions of sections 11 and 13, the term office of Trustees including | the Chairman but not including the ex-officio Trustees shall be as | follows :— (a) the Chairman—such period as may be fixed by the Govern- ment not being less than three years and commencing on the date on which his appointment is notified, | i | | . H | i i • 1 16 A (b) a Trustee appointed or elected in pursuance of section 14 in the place of a Trustee who has been permitted to absent himself from meetings of the Board—the period of the absence of the latter Trustee ; (c) other Trustees—three years commencing on the date on which their election or appointment, as the case may be, is notified. (2) A Trustee shall, if not disqualified for any ol the reasons mentioned in section 7, be eligible for re-appointment or re-election at the end of his term of office. Conduct of Business

provisions of sections 11 and 13, the term office of Trustees including | the Chairman but not including the ex-officio Trustees shall be as | follows :—

1. (a) the Chairman—such period as may be fixed by the Govern- ment not being less than three years and commencing on the date on which his appointment is notified, | i | | . H | i i
   • • 1 16 A
2. (b) a Trustee appointed or elected in pursuance of section 14 in the place of a Trustee who has been permitted to absent himself from meetings of the Board—the period of the absence of the latter Trustee ;
3. (c) other Trustees—three years commencing on the date on which their election or appointment, as the case may be, is notified.

1. (2) A Trustee shall, if not disqualified for any ol the reasons mentioned in section 7, be eligible for re-appointment or re-election at the end of his term of office. Conduct of Business

The Board shall meet, and shall from time to time make such arrangements with respect to the place, day, hour, notice, management and adjournment of its meetings as 1t may think fit, subject to the following provisions, namely :—

an ordinary meeting shalt be held once at leastin every month’;

1. (b) the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than two other Trustees, call a special meeting ; {c) the Chairman shall attend every meeting of the Board unless absent an leave or prevented by sickness or other reasonable cause ;
2. (d) no business shall be transacted at any meeting unless there be present at least one-half of the number of the Trustees then in office; (¢) every meeting shall be presided over by the Chairman and in his absence by a Trustee chosen by the meeting to meside for the occnsion; (f)_ all questions at any meeting shall be decided by a majority of the Trustees present and voting at the meeting, and In every case of equality of votes, the person presiding shall have and exercise a second or casting vote;
3. (g) if apollbe demanded, the names of the T)ustees voting, and the nature of their votes, shall be recorded by the person presid- mg;
4. (h) minutes of the proceedings at each meeting (together with the names of the Trustees present) shall be recorded in n book to be provided for the purpose, and such minutes shall be read at the next cnsuing meeting and signed by the person presuling at auch meeting. ‘The minutes book shall be open to mspection by any Thustee during office hours.

Bourd may associate with itself, in such manner and for such period as may be prescribed, any person or persons whose assistance or advice it may desire in carrying out any of the provisions of this Act.

{2) A person so associated shall not be deemed to he a member of the Board and shall have no right to vote at any merting thereof, but he may take part in the discussions of the Board iclating to the purpose or purposes for which he was associated with the Board.

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1. (1) The Board may from time to time, appoint Committees consisting of such persons of any of the following classes as it may think fit, namely: —
   • (i) Trustees,
   • (ii) persons associated with the Board under section 17,
   • (iii) other persons whose assistance or advice the Board may desire as members of Committees: Provided that no Committee shall consist of less than three persons. ’ (2) The Board may—
   • (a) refer to any such Committee, for inquiry and report any matter relating to any of the purposes of this Act, and
   • (b) delegate to any such Committee, by specific resolution and . subject to any rules made in this behalf, any of the powers or duties of the Board.
2. (3) The Board may, at any time, dissolve, or, subject to the | provisions of sub-section (1), alter the constitution of any such Come _ y mittee. )
3. (4) Every such Committee shall conform to any instructions from time to time given to it by the Board.
4. (3) All proceedings of every such Committee shall be subject to confirmation by the Board.

1. (1) A Committee appointed under section 18 may meet and adjourn as it thinks proper; but the Chairman may, whenever he thinks fit, and shall, upon the written request of not Jess than two member, thereof, call a special meeting of such Com- mittee. (2) Every meeting of a Committee shall be "presided over by the Chairman if he is a member of the Committee, and, if he is nota member or is absent from the meeting, by a member chosen by the meeting to preside for the occasion. (3) No business shall be transacted at any meeting of a Com- mittee unless there be present at least ‘one-half of the number of the members constituting the Committee. (4) All questions at any mecting of a Committee shall be decided i by a majority of the members present and voting at the meeting, and i in every case of equality of votes the person presiding shall have and ) exercise a second or casting vote. |

section 18 may meet and adjourn as it thinks proper; but the Chairman may, whenever he thinks fit, and shall, upon the written request of not Jess than two member, thereof, call a special meeting of such Com- mittee.

1. (2) Every meeting of a Committee shall be "presided over by the Chairman if he is a member of the Committee, and, if he is nota member or is absent from the meeting, by a member chosen by the meeting to preside for the occasion.
2. (3) No business shall be transacted at any meeting of a Com- mittee unless there be present at least ‘one-half of the number of the members constituting the Committee.
3. (4) All questions at any mecting of a Committee shall be decided i by a majority of the members present and voting at the meeting, and i in every case of equality of votes the person presiding shall have and ) exercise a second or casting vote. |

in proceedings in which they are personally interested. —(1) A Trustee who— .

1. (a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (2) of section 7 in respect of any matter, or
2. (b) has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid, . shall not vote or take any other part in any proceeding of the Board or any Committee relating to such matter. “

1. (2) If any Trustee or any person associated with the lloard under section 17, or any other member of a Committee appointed under section 18, has, directly or indirectly, any beneficial intetest in any land situated in an area comprised in any improvement scheme framed under this Act, or in an area in which it is proposed to acquire land for any of the purposes of this Act.—
   • (i) he shall, before taking part in any proceeding nt a meeting of the Board or any Committee relating to such area, inform the person presiding at the meeting of the nature of such interest;
   • (ii) he shall not vote at any meeting of the Board or any Com- mittee upon any resolution or question relating to such land; and
   • (iii) he shall not take any other part in any proceeding relating to such area at a meeting of the Board or any Committee, if the person presiding at the meeting considers it inexpedient that he should do so.

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

22." Execution of contracts and approval of estimates. ~(1) With respect to the aking of such contracts, the following provisions shall apply, namely :—

1. (a) every contract shall be made on behalf of the Board by the Chairman;

1. (6) no contract for any purpose which, in accordance with any i provision of this Act, the Chairman may not carry out without the sanction of any other authority or authorities shall be made by him unless such sanction has been given; (¢) no contract involving an expenditure exceeding ten thousand but not exceeding fifty thousand rupees shall be made by the Chairman unless it has been sanctioned by the Board;
   • (d) no contract involving an expenditure exceeding fifty thousand rupees shall be made by the Chairman unless it has been sanctioned both by the Board and by the Government; (¢) every contract made by the Chairman involving nn expendi ture exceeding one thousand but not exceeding ten thousand rupees shall be reported to the Board within fifteen days after it has been made.
2. (2) Every estimate for the expenditure of any sum for carrying out any of the purposes of this Act shall be subject to the approval of the authority or authorities empowered under sub-section (1) to make, or, as the case may be, to sanction the making of, a contract for a like purpose and involving the expenditure of a like sum. 34/4095 .
   • • nd
3. (3) Sub-sections (1) and (2) shall apply to every variation or abandonment of a contract or estimate, as well as to an original contract or estimate,

1. (1) Every contract made by the Chairman on behalf of the Board shall be entered into in ) such manner and form as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the H Board shall be used where necessary; and every such contract may in | the like manner and form be varied or discharged. i
2. (2) Every contract for the execution of any work, or the supply | of any materuals or goods, which involves an expenditure exceeding one [ ' thousand rupees, shall be in writing, and shall be sealed. i : (3) The common seal of the Board shall remain in the custody of | the Secretary to the Board, and shall not be affixed to any contract or other instrument except in the presence of a Trustee (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence. | (4) The signature of the said Trustee shall be in addition to the | | signature of any witness to the execution of such contract or instru- ment.
3. (5) A contract not executed as provided in this section shall not | : be binding on the Board. | . 24. Tenders.—(1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods, which involves an expenditure exceeding five thousand rupees, : the Chairman shall give notice by advertisement in local newspapers, I~ inviting tenders for such contract.
4. (2) In every such case the Chairman shall place before the Board | the specifications, conditions and estimates and all the tenders received ! specifying the particular tender, if any, which he proposes to accept. | : (3) In every case in which the acceptance of a tender would ' involve an expenditure exceeding fifty thousand rupees, the Board shall \ submit to the Government the specifications, conditions and estimates, and all the tenders received, specifying the particular tender, if any, the acceptance of which it proposes to sanction. | . (4) Neither the Board nor the Government shall be bound to ' sanction the acceptance of any tender which has been made; but the Board within the pecuniary limits of the powers as laid down in clause (¢) of sub-section (1) of section 22 and the Government in the cases referred to in clause (d) of the said sub-section, may sanction the acceptance of any of such tenders which appears to it or them, upon a consideration of all the circumstances, to be the most advantageous, or may direct the rejection of all the tenders received.

The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding three thousand rupees. .

Officers and Servants

1. (1) The ' Chairman shall forward to the “Government a copy of the minutes of the proceedings of each meeting of the Board, within three days from the date of the meeting.
2. (2) The Chairman shall, if so directed by the Government, forward to them a copy of all papers which were laid before the Board for consideration at any meeting.
3. (3) The Government may require the Chairman to (furnish them with—
   • (a) any return, statement, estimate, statistics or other infor mation regarding any matter under the control of the Boar, or
4. (6) a report on any such matter, or (¢) a copy of any document in the charge of the Chairman. Officers and Servants 27. Statement of strength and remuneration of staff —(1) The Board shall from time to time prepare, and shall maintain, a statement showing—
   • (a) the number, designations and grades of the officers and servants (other than employees who are paid by the day or whose pay is charged to temporary work) whom it considers it necessary and proper to employ for the purposes of this Act,
5. (8) the amount and nature of the salary, fees and allowances to be paid to each such officer or servant, and
   • (c) the contributions payable under section 141, in respect of each such officer or servant. a All statements prepared under sub-section (1) shall, so far as they relate to post the monthly salary or the maximum monthly salary of which exceeds two hundred rupees, be subject 10 the provious sanc- tion of the Government. 28. Service rules —The Board shall with the previous sanctic n of the Government make rules—
   • (a) fixing the amount and nature of the security to be furnished by any officer or servant of the Board from whom it may he deemed expedient to require security ;
6. (5) for regulating the grant of leave of absence, leave allow- ances and acting allowances to the officers and servants of the Board : . Provided that a servant of the Central or State Government employed as an officer or servant of the Board shall not be entitled to leave or leave allowances otherwise than as may be laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service ; (¢) for establishing and maintaining a provident fund, for compelling all or any of the officers or servants of the Board (other than any servant of the Central or State Government in respect of whom a contribution is paid under section 141) to subscribe to the fund at such r ‘ rates and subject to such conditions as may be prescribed by such rules, and for supplementing such subscriptions out of the funds of the Board ,
   • (d) for determining the conditions under which the officers and i servants of the Board or any of them shall on retirement receive gra- tuities or compassionate allowances and the amount of such gratuities and compassionate allowances : Provided that it shall be at the discretion of the Board to deters mine whether all such officers and servants or any and. if so, which of them, shall become entitled on retirement to any such gratuities or com= passionate allowances as aforesaid.

1. (1) Subject to any rules made under section 28° and for the time being in force, the power of making appointments and promotions to posts in the service of the Board, of , granting leave to officers and servants holding such posts, of censuring, | fining, withholding promotion from, reducing, suspending, removing or | dismissing such officers and servants for any breach of departmental | rules or discipline, or for carelessness, unfitness, neglect of duty or other ! misconduct, and of discharging such officers and servants from the | service of the Board for any other reason, shall be exercised by the ! undermentioned authorities :— | i (a) In the case of posts the monthly salary or the maximum | monthly salary of which does not exceed one hundred and twenty rupees and officers and servants holding such posts—the Chairman,
2. (6) In the case of posts the monthly salary or the maximum monthly salary of which exceeds one hundred and twenty but does not exceed two hundred rupees and officers and servants holding such posts—the Board. (¢) Inthe case of posts the monthly salary or the maximum monthly salary of which exceeds two hundred rupees and officers and | servants holding such posts—the Board subject to the previous sanction of the Government : ! Provided that a servant of the Central or State Government or of a 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 services had not been so lent, and the Chairman or the Board, as the case may be, shall be entitled only to make a recommen- | dation in that behalf to such authority. 2 Against any order under sub-section (I) imposing any punishment on him, an officer or servant of the Board may appeal— | (a) to the Board, if the order was passed by the Chairman, an
3. (3) to the Government, if the order was passed by the Board.

The Chairman shall exercise supervision and control ever the acts and proceedings of all officers and servants of the Board; and, subject to the foregoing sections, and subject also to such control and revision as may be prescribed, shall dispose of all questions relating to the service of the said officers and servants, and

their alaries, allowances and privileges.

a

~(1) The Chairman may, by general or special order in writing, delegate to any officer of the Board any of the Chairman’s powers, duties or functions under this Act or any rule made thereunder, except those conferred or imposed upon or vested wm him by sections 16, 19, 26, 107, 114, 116, 150 and 155:

Provided that—

1. (a) the Chairman shall not delegate his power under section 22 to make on behalf of the Board any contract involving an expenditure exceeding three thousand rupees;
2. (b) the Chairman shall not delegate his power under section 29 to make appointments,

1. (2) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (1) shall be subject to such restrictions, conditions and limitations (ifany) as may be laid down by the Chairman, and shall also be subject to his control and revision. Explanation.—Against any order of the nature icferred to in sub-section (2) of section 29 passed by a person to whom the Chairman’s power in that behalf has been delegated, nn appeal shall lie to the Board, unless the Chariman has himsell revised the order of such person, in which case an appeal shall lic to tho Board against the order of the Chairman.