section 22
To write off-unserviceable dead Housing Upto Rs 1 lakh per year
The Madhya Pradesh Griha Nirman Mandal Regulation, 1998“| stock, machinery, equipment, Commissioner vehicles, furniture etc which is beyond repair or surplus, and to prescribe its mode of disposal. Payment of fees to advocates, Housing Full powers 23. oo. legal experts, Chartered Commissioner Accountants etc. 24 Creation, abolition, or change For Zonal & Circle HQs of headquarters of subordinate Housing Full powers for divisional & offices. Commissioner sub divisional HQs. Note 1: Powers not specifically delegated to the Chairman, Housing Commissioner or other officers of the Board, shall, be exercised by the Board. Note 2 : The Housing Commissioner shall have full powers to incur and sanction expenditure on postage, purchase of forms, stationery, office consumables, printing, purchase of books, periodicals, Computer software, payment of electricity, water, telephone, POL and office refreshment bills, and all other such expenditures as are normally appurtenant to the smooth functioning and administration of the Board and its offices, subject to budget allotments, and after following the norms, procedures, rules, instructions and circulars issued by the Board from time to time, and to delegate such powers to his senior subordinate officers, in the Head-office and the field. ANNEXURE-IT TERMS AND CONDITIONS RELATING TO SECURITY TO BE FURNISPED BY SERVANTS OF 'THE BOARD .
- (1) Forms of security - The security required under Regulation 10 shall be furnished in one of the following forms, namely :
- (a) Cash
- (b) Post Office Saving Bank Deposit (¢) Recurring Deposit Account in any of the Bank specified in column (2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (No.5 of 1970) Note: (i) A Post Office Saving Bank Deposit will be accepted as security, provided that the depositor has signed and delivered to the Postmaster a letter in the prescribed form.
- (ii) Alternatively, security, in the form of cash may be offered with a request that it be deposited in the Post Office Saving Bank in the name of the pledgee. In the latter case, the pledgee shall send a. letter through the person who has to furnish the security explaining the nature of security and requiring the Post Master to receive the deposit and issue the pass book in his (the pledgee's name). The person who IS to furnish the security shall present a letter at the Post Office with the requisite amount in cash and the Saving Bank index card in the prescribed form signed at the foot by the pledgee. The Post Master will deliver the Saving Bank Passbook to the person pledging the security. The latter shall transmitted without delay to the pledgee.
- (iii) A Pass Book for the deposit in any of the Banks specified in column (2) of the first schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (No.5 of 1970) will be accepted as security, provided that the account is pledged to the Madhya Pradesh Housing Board.
- (iv) The Housing Commissioner may, at the written request of the employee, change the manner of investment of the amount of security deposited and pledged by the employee provided that the investment shall be only in anyone of the forms mentioned above.
- (2) Interest - An employee shall have the right to the annual interest on the securities other than those furnished in cash. Provided that in the event of any employee causing any loss to the Board, the interest due to him under this regulation shall be withheld, until the question of recovery or otherwise of such loss is settled.
- (3) Period of retention - A security deposit shall be retained at lest for six months from the date when he vacates his post, but the security bond shall be retained permanently or until it is certain that there is no further need for keeping it. While returning any security deposit, his acknowledgement shall be obtained duly signed and witnessed. When an interest bearing security is returned or retransferred the acknowledgment shall set forth full particulars of the security.
- (4) Return of Security deposit and security bond when an employee is transferred - When an employee who has furnished security in one office is transferred to another office under the control of the Board, the security shall be retained by the first office until the period specified in the security bond has expired, so that any amount ordered to be recovered during that period in respect of his service in the first office may be recovered from him. On the expiry of the specified period the employee who took the security shall release it from the pledgee in his favour and pass it on to the Head of the Office to which the employee has been transferred, requesting him to return it to the pledger to get a fresh security bond executed by him and to have the security duly pledged in favour of the proper authority to the extent necessary. The pledgers acknowledgment mentioned above shall however, invariably be obtained and sent to the head of the first office. The Head of the Office to which the employee is transferred shall require him to furnish security at once for any amount by which the security required for the new post exceeds that furnished for the former post. Apart from that, he may, if he considers the original security sufficient, wait for it to be passed on and duly pledged again and need not require the employee to furnish fresh security. He shall ascertain from the Head of the Office from which the employee is transferred, what amount of security he furnished therefore before it is passed on, and shall then decide whether that security will be sufficient or whether the employee shall be required to furnish security for the whole or any part of the amount.
- (5) Nomination - The employee may nominate a person to receive the security- deposit in the event of hi death while in service or before the security in refunded. Provided that where there is no nomination the Board shall pay the amount only to the person who produces the orders of a competent court entitling the said person or persons to receive the amount.
- (6) Forfeiture - The amount of security deposit shall be forfeited in full or in part for lapses of duty as hereunder specified namely: a) Defalcation or misappropriation: Forfeiture of the entire security even here the amount involved is less than the amount of security deposit. b) Negligence of duty resulting in loss to the Board: Forfeiture of an amount quivalent to the loss involved. ¢) Loss caused by negligence or inefficiency.. Recovery of actual loss. Note: Any action taken under this provision shall not prejudice the authority of the Board to impose any punishment upon the employee under the service regulations applicable to him.
- (7) Form of agreement to be executed - Every employee offering security shall execute an agreement in the form appended to these regulations or in any other form deemed appropriate by the Housing Commissioner in each case. A reference the each such bond shall be recorded in the Register of Security Deposits.
- (8) Manner of custody of security deposit and connected documents - The various documents connected with security deposits shall be kept in the safe custody of the Accounts Officer of the office concerned. All the Saving Bank Pass Books or bank Pass Books shall be sent to the Post Office or Bank as soon as possible after the 15th of June each year, so that necessary entries on account of interest may be made therein.
- (9) Time limit for furnishing security by persons already in service - Persons in the service of the Board on the date of coming into force of these regulations shall furnish security within thirty days of the order requiring them to furnish security.
- (10) Security to be furnished at the time of joining duty - When a person is required to furnish security as a condition precedent to his appointment, he shall furnish such security at the time of joining duty. FORM OF INDENTURE 1. THIS INDENTURE is made the (date, in figures & words) between Shri/ Sushri (name & designation of the employee) residing at (Address of the employee) (hereinafter called THE EMPLOYEE) of the ONE PART and THE MADHYA PRADESH HOUSING BOARD (hereinafter called THE BOARD) of the OTHER PART, which expressions, where the context so admits, shall include their heirs, successors and assigns. 2. ‘WHEREAS the Employee was, in or about the month of . . .......19.... admitted in the office of the Board ata.....................and has been since and is/still employed as such, 3. WHEREAS at the time of such admission the employee delivered to and deposited a sum of Rs (figures & words) ..............................5.....assecurity {or the due and faithful performance by him/her of his/her public duties as aforesaid or any other duties which might at any time thereafter the entrusted to him by Board. 4. AND WHEREAS the employee has also read and signed a copy of the Board's regulations governing security deposits in acknowledgement of being bound by all the conditions of the clauses of the said regulations. . 5. NOW THIS INDENTURE WITNESSETH that the Employee shall and will from time to time at all times hereafter so long as he shall continue in the service of the Board, truly, diligently, faithfully, honestly, carefully and willingly serve the Board, and perform all such duties of the said office as he shall or may from time to time be directed to perform by the Housing. Commissioner or such other officers of the Board as the Employee shall or may from time to time placed under. 6. AND shall and will devote his whole time and attention to the business of the said Board and shall not be engaged in any other business or professional pursuit whatsoever either on his own account or as agent for any person or persons, whatsoever. 7. AND shall and will keep secret all the transactions of the said office (except when required by a, Court of Law to disclose them) and keep informed the Housing Commissioner or such officers as aforesaid of all such occurrences, as shall from time to time come to his knowledge relating to the affairs and business of the said office. 8. AND shall not nor will cancel, waste, make away with obliterate, deface or in anywise injure, or permit any person or persons whomsoever so to do any of the bills, accounts, books, documents papers, memoranda or writings of whatsoever nature or kind belonging to the Board. 9. AND shall duly account for any pay and deliver to the Board and discharge himself of money, bullion, jewels, documents, securities for money, goods and either things which he shall or may hereinafter from time to time during service in the Board receive from the public, on the same day on which the same is received by him and shall also on demand deliver up to the Board, all bills, account, books, records or other papers of or belonging to the Board. 10. AND shall and will keep all such bills accounts, books documents, securities, paper, memorandum and writings relating to the affairs of the Board, as have hitherto or shall or may hereafter from time to time be entrusted to his charge in a proper and business like manner and make true entries therein of all such monies or goods, received by him and all payments made by him or their business transa9ted on behalf of the Board. 11. AND shall not leave the service of the Board without giving one month's; previous notice in writing of his intention to do so to the said Housing Commissioner. 12. AND THIS INDENTURE FURTHER WITNESSETH that, in consideration of the premise the Employee both hereby for himself, his executors, administrators, and legal- representatives covenant with the Board that, in case default be made at any time in the observance, performance and execution of the several covenants and things hereinbefore expressed to be observed, performed and done by the Employee, then in such case, it shall be lawful for the Board to apply the said security of Rs (in figures & words) . ............... . . towards the payment, satisfaction and discharge of all such sums on money, damages, solicitor's costs and other charges and expenses as by reason of such default shall or may be due and owing to or have been incurred by the Board. And the Employee both hereby further covenants for himself, is executors, administrators and representatives with the Board that he, the Employee will abide by the decision of the Housing Commissioner as to the amount of damages sustained by him by reason of any such default on his part as aforesaid and such decision shall be final and conclusive, and upon such decision the Housing Commissioner shall be entitled to deduct the amount from the amount deposited with Board as his security without making any written or formal award or demand for the amount so found due. The Employee both also hereby further covenants for himself, his executors, administrators, and representatives with the Board that upon conviction before any court upon any charge or charges of fraud, embezzlement breach of trust, misappropriation, cheating or other misconduct of the Employee in any other way connected with the public duties hereinbefore covenanted be observed and performed by the Employee, or connected with the receipt by the Employee of any monies, goods or things received by hi from the public as a servant of the Board, the said security given as aforesaid shall become absolutely forfeited to the Board and no action suit or other proceedings shall lie by the employee against the Board in respect thereof. 13. AND FURTHER IT SHALL BE LAWFUL FOR THE BOARD to recover the value of the actual loss incurred by the Board consequent on the negligence of duties hereinbefore specified or inefficiency or due to any other reasons whatsoever on the part or the Employee from the amount of security deposited by the Employee, and the Employee shall immediately when called upon to do so make good any deficiency in the deposit caused by such recovery. 14. AND FURTHER it shall be lawful for the Board to retain the said security, for a period of six calendar months from the date of the Employee either ceasing to be in the service of the Board or permanently transferred to a post in the Board where security is not stipulated, subject to such claim as shall or may arise thereupon for or by reason or on account such default, prosecution and conviction as aforesaid. 15. AND the Board do hereby by themselves covenant with the Employee, his executors, administrators and assigns that until default shall happen to be made in the performance, observance and execution of the several covenants and things hereinbefore expressed to be performed, observed and done by the Employee, the Board shall permit the Employee, his executors, administrators and assigns to receive such interest as may be realised. IN WIT_SS WHEREOF the Employee hereunto sets his hand, and the Common Seal of the Board has been hereunto affixed in the presence of the Housing Commissioner or his Representative. Signed and delivered by the above named Employee at (place) ........... ...,on (date) .. ...... inthe presence of..........ccocevvrivreernnnns Signature of Employee: Seal of the Board & Signature of Housing Commissioner or his Representative: Sd/ SATYANAND MISHRA, Chairman, M.P. Housing Board By order & in the name of the Governor
Study data processing for this section.
PDF: pending for this language.