Chapter XV Chapter XV

With a view to facilitating the movement of the population in and around any city, town or village, the Board may from time to time- (1) subject to such conditions as it may think fit to impose - (a) guarantee the payment, from the funds as its disposal of such sums as it may think fit, by way of interest on capital expenditure on the construction, maintenance or working of means of locomotion; or (b) make such payments as it may think fit from the said funds, by way or subsidy to person under taken to provide, maintain and work means of locomotion; or (2) Either singly or in combination with any other person construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto; or (3) construct or widen, strengthen or otherwise improve bridges; Provided that no guarantee or subsidy shall be made under clause (1) and no means of locomotion shall be constructed, maintained or worked under clause (2) without the sanction of the State Government.

All members, officers and servants of the Board, the members of committees, and all her persons entrusted with the execution of any function under this Act, 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, 1860 (No. 45 of 1860).

The Board shall be liable to pay such contributions for the leave salary, pension or provident fund of any officer or servants of the Central or State Government employed as Chairman, Housing Commissioner or as an officer or servant of the Board, as may be required by the conditions of his service under the Central or State Government to be paid by him or on his behalf.

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

(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 State Government, the Board shall submit to the State Government a detailed report of the administration during the preceding year in such form as the State Government may direct.

(2) The Chairman shall prepare such report and the Board shall consider the report forward the same to the State Government with its resolution thereon, if any.

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

(2) The State Government may give any local authority such directions as in its opinion are necessary or expedient for enabling the Board to carry 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.

All moneys recoverable by the Board under this Act or under any agreement which provides for recovery of any amount payable there-under as arrears of land revenue shall be recoverable as arrears of land revenue.

(1) If the State Government is of opinion that the Board is unable to perform or has persistently made default in the performance of the duty imposed on it by or under this Act or has exceeded or abused its powers, it 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 State 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 explanation and objections, if any of the Board.

(2) Upon the publication of a notification under sub-section (1) superseding the Board:-

(a) the Chairman and all the members of the Board shall as from the date of super session, 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 such super session, be exercised and performed by such authority or person as the State Government may direct;

(c) all funds and other property vested in the Board shall during the period of super session 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 super session specified in the notification issued under sub-section (1) the State Government may-

(a) extend the period of super session for such further period as it may consider necessary' or

(b) reconstitute the Board in the manner provided in section 4.

(1) The State Government may by notification, declare that, with effect from such date as may be specified in the notification the Board shall be dissolved;

Provided that no such declaration shall be made by State Government unless a resolution to that effect has been moved in and passed by the Madhya Pradesh Legislative Assembly.

(2) With effect from the date specified in the notification under subsection (1)

(a) all properties, funds and dues which are vested in or realisable by the board shall vest in and be realisable by the State Government; and

(b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government.

(3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under section 63.