Madhya Pradesh Housing and Infrastructure Development Board (Conduct of Business and Delegation of Powers) Regulations, 2015

1. (1) Short Title These Regulations may be called the Madhya Pradesh Housing and Infrastructure Development Board (Conduct of Business and Delegation of Powers) Regulations, 2015 and shall substitute the Madhya Pradesh Housing and Infrastructure Development Board Regulations, 1998 as amended from time to time. All rules, regulations, circulars, instructions and resolutions of the Board issued prior to the coming into force of these Regulations are hereby superseded insofar as they are inconsistent with the provisions of these Regulations.

1. (2) Definitions In these regulations, unless the context otherwise requires, the Act means the Madhya Pradesh Housing and Infrastructure Development Board Adhiniyam 1972 (No.3 of 1973).

Application of certain rules to officers and servants of the Board

1. (3) Application of certain rules to officers and servants of the Board: In accordance with the provisions contained in Section 15
2. (2) of the Act, the rules, orders and instructions applicable to the employees of the State Government in various grades (more particularly, The Madhya Pradesh Civil Services (Conduct) Rules, 1965, The Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, The M.P. Fundamental Rules, The Madhya Pradesh Civil Services (Medical Attendance) Rules, 1958) , and The Madhya Pradesh Civil Service (Leave) Rules 1977 shall be applicable to the officers and servants of the Board in corresponding grades, to the extent they are not inconsistent with the provisions of the Act and these Regulations and subject to other rules, regulations, modifications and resolutions made by the Board from time to time.

Appointment, Promotion, Grant of Leave and Punishment of officers and servants of the Board

1. (4) Appointment, Promotion, Grant of Leave and Punishment of officers and servants of the Board
   • (a) Appointments and Promotions:
     • (i) The power of appointing or promoting any person on a post under the Board shall be as per delegation of powers as specified in Annexure I. (ii) Provided that all such appointments and promotions shall be made as per regulation framed for the purpose.
     • (iii) All appointments and promotions made prior to the coming into force of these Regulations shall be deemed to have been made under these Regulations.
   • (b) Grant of leave:
     • (i) The powers of granting leave shall be as per delegation of powers as specified in Annexure I. Where there is no such authority, the Housing Commissioner is empowered for sanction.
     • (ii) All kinds of leave to the Housing Commissioner shall be sanctioned by the State Government.
     • (iii) The rules applicable to the State Government employees for regulating the grant of leave of absence leave allowances and acting allowances shall apply mutatis mutandis to the officers and servants of the Board, unless otherwise modified by resolution of the Board. (c ) Disciplinary Authorities and Appellate Authorities:
     • (i) The disciplinary authority for an employee of board shall be the authority as per Delegation of powers as specified in Annexure I.
     • (ii) Appeals shall be preferred with the authority empowered as per Delegation of powers as specified in Annexure I.
     • (iii) All officials shall exercise supervision and control over the staff working under them and depict a true picture of their work and conduct in the Annual Confidential Reports.

1. (5) Service Regulations:
   • (a) Unless otherwise provided by any general or special order of the Board for a particular grade or category of allowance, the salary and allowances of the regular officers and servants of the Board shall be the same as are admissible to the officials of corresponding grades under the State Government.
   • (b) The regular officers and servants of the Board shall have to subscribe to the General Provident Fund with effect from 1.7.1973 consequent upon the introduction of the pension scheme. The subscription to the GPF shall be regulated in accordance with the provisions of the M.P. General Provident Fund Rules.
   • (c) The age of superannuation of the Class I, II and III officers and employees of the Board shall be sixty years, whereas that of Class IV employees shall be sixty-two years.
   • (d) A Board employee may in the public interest be made to retire at any time after he has completed 20 years qualifying service or attains the age of fifty years whichever is earlier, without assigning any reason by giving him a one month notice in writing.
   • (e) Grant of pension/family pension and death-cum-retirement benefits to the regular officers and employees of the Board with effect from 1.7.1973 shall be regulated in accordance with the M.P. Civil Service (Pension) Rules, 1976. However, the regular officers and servants of the board who have been appointed on or after 1st of January of 2005 shall be covered by new National Pension Scheme.
   • (f) The Madhya Pradesh Civil Service (Commutation of Pension) Rules 1996 shall not be applicable to the officers and servants of the Board.
   • (g) The Housing Commissioner can specify / modify the channel for accepting the Annual Confidential Reports of the board employees.

Transfers and Postings

1. (6) Transfers and Postings -
   • (a) The transfers and postings of employees of the board shall as far as possible be governed by a transfer policy approved by the board.
   • (b) The postings and transfers of all employees shall be done as per Delegation of powers as specified in Annexure I. However, nothing in these regulations shall prevent the Housing Commissioner from revising or cancelling the Transfer orders issued by Chief Administrative Officer, Dy.

Communication of orders/decisions

1. (7) Communication of orders/decisions The Housing Commissioner, being the Chief Executive Officer and administrative head of the Board, shall have the powers to communicate decisions and to issue orders on all matters on behalf of the Chairman and the Board, as the case may be, either himself or through his senior subordinates as he may consider appropriate.

1. (8) Powers of Chairman, Housing Commissioner and other officers of the Board under specific sections of the Act The powers of the Chairman, Housing Commissioner and other officers of the Board
   • (i) To incur expenditure under section 24
   • (ii) To approve estimates under Sec.25 and
   • (iii) To make and perform contracts under Sec. 28 of the Act and to take decisions and incur other such expenditures as are necessary for the proper functioning and administration of the Board shall be as per Delegation of powers as specified in Annexure I.

1. (9) Fees payable for copies of documents, plans etc.
   • • Copies of documents, estimates, plans, not forming part of confidential records, may be supplied by the officer in whose custody such records are kept, on payment of fees and on application indicating the purpose for which the copy is needed.

Security to be furnished by officers and servants of the Board

1. (10) Security to be furnished by officers and servants of the Board The officers and servants of the Board handling cash and stores shall have to furnish the security as follows:

Conduct of Business of the Board

1. (11) Conduct of Business of the Board -
   • (a) The ex-officio members of the Board shall be eligible for Travelling Allowance/Dearness Allowance while attending the Board meeting or its Committee meeting as per their eligibility in the parent organisation.
   • (b) The others members of Board shall be eligible for Travelling Allowance/Dearness Allowance while attending the Board meeting or its Committee meeting as per eligibility of Class I Officer of the rank of Principal Secretary to the State Government.
   • (c) The Board as empowered in section 23 shall have the following standing Committees:
     • (i) An Appeal Committee comprising of Commissioner (Town & Country Planning), representative of Secretary- in- charge of the Finance Department, Government of Madhya Pradesh and representative of Chairman & Managing Director Housing and Urban Development Corporation (HUDCO) for hearing appeals against disciplinary action against the employees of the Board/ Orders in service matters as per section 16 of the Act. The Committee shall be presided over by Commissioner (Town & Country Planning) and matters before the Committee shall be presented by the Chief Administrative Officer.
     • (ii) An Audit Committee comprising of Housing Commissioner, Commissioner (Town & Country Planning) and representative of Secretary-in-charge of the Finance Department,, Government of Madhya Pradesh for deciding audit objections raised by Chief Audit Officer in its reports. The Committee shall be presided over by Housing Commissioner and matters before the Committee shall be presented by the Chief Audit Officer
     • (iii) A Business Committee consisting of Chairman, Housing Commissioner, Commissioner (Town & Country Planning) and Engineer-in-Chief, Public Works Department (or representative not below the rank of Chief Engineer),which shall have the power to accept /reject tenders or take appropriate decisions on behalf of the Board. The Committee shall be presided over by Chairman and matters before the Committee shall be presented by the concerned Addl. Housing Commissioner
   • (d) The decisions of the Standing Committees shall, however, be placed before the Board for information at the Board meeting immediately following such a decision.
   • (e) The Board may also constitute any other Committee as it may deem appropriate for any or all of the functions of the Board.
   • (f) Any Committee appointed by the Board under Sec.23 of the Act shall consist of at least 3 members and may include any member of the Board and other such persons whose assistance or advice or association may be considered advantageous to the Board. If at any time, after its constitution, it is considered by the Board that the existence of any Committee is either not necessary or detrimental to the interests of the Board; the Board may order dissolution of such a Committee.
   • (g) The term of the Committee (except for the Standing Committees as specified in Para
   • (c) ) shall be as specified in the order of its constitution; similarly, the term of appointment of a person as a member, who is not a member of Board, shall be as specified in the order of his nomination. No Committee shall be eligible to work beyond the term so specified unless the term is extended by order of the Board.
   • (h) The members of the Committees, who are not member of Board, shall be honorary and shall only be paid Travelling Allowance/Dearness Allowance as per rules applicable to the Members of the Board.
     • (i) Notice for an ordinary meeting of the Board shall be issued at-least seven days before the date fixed for the meeting. However, a notice of three days shall be sufficient for a special meeting of the Board.
   • (j) The business of the Committee shall be conducted in accordance with the procedure laid down below:-
     • (i) The date of every meeting shall be fixed by the President/Convenor;
     • (ii) Notice of every meeting specifying the time and place thereof and the business to be transacted there at shall be dispatched to every member at least three working days before a meeting;
     • (iii) The President/Convenor of the Committee may, whenever he thinks fit, call a special meeting and shall be bound to do so on receipt of written requisition signed by not less than two members;
     • (iv) Every meeting of a Committee shall ordinarily be held at the Head Quarters of the Board. A meeting may, however, be held at any other place in the State with the approval of the Housing Commissioner;
     • (v) No business shall be transacted at a meeting unless a quorum of half of the total number of members be present throughout the meeting;
     • (vi) Minutes of the proceedings at each meeting of a Committee shall be drawn up and recorded by the Member-Secretary and shall be signed by the President/Convener of the Committee;
     • (vii) The minutes of the proceedings shall include:
   • (a) The names of the members present;
   • (b) The decision of the meeting on every question considered; and
   • (c) When such decision is not unanimous, the number of votes and the names of members voting for and against such question and the names of those who have remained neutral.
   • (d) All questions brought before any meeting of a Committee shall be decided by a majority of the votes of the members present, and in the case of an equality of votes the presiding authority at the meeting shall have a second or casting vote.

1. (12) Powers to accord Administrative/Technical Approval including Revised Administrative /Technical Approval and execution of works:
   • (a) The implementation of Annual Housing & Infrastructure Development Plan according to Section 35 of the Act and related projects shall be undertaken in accordance with the delegation of powers as specified in Annexure I.
   • (b) Unless any deviations of general or particular nature are otherwise ordered /prescribed /resolved by the Board, the rules and procedure prescribed in M.P. Works Department Manual shall be followed by all officers of the Board authorised to execute contracts and agreements
   • (c) Wherever there is a contradiction in the provisions in Annexure-I and M.P. Works Department Manual, the provisions in Annexure-I and these regulations shall prevail.
   • (d) Wherever there is a contradiction in the provisions of the Tender/ Contract documents (as approved by the Competent Authority defined in Annexure -I) and M.P. Works Department Manual, the provisions of the Tender/ Contract documents shall prevail.
   • (e) The Administrative Approval issued by Central/State Government departments and their undertakings for construction Projects will be sufficient for taking up works under deposit scheme. No separate Administrative Approval will be required from the Board for taking up deposit work. Execution of deposit work on behalf of Private Bodies will require prior Administrative Approval of competent authority as specified in Annexure -I

1. (13) Registration of Contractors
   • (a) There shall not be separate registration of contractors in the Board. All contractors registered with centralised registration system of Government of Madhya Pradesh shall be deemed registered in the Board and shall be eligible to participate in tenders of the Board.
   • (b) The contractors registered with Central Government / Other State Government /State and Central Government undertakings /organisations can also participate provided they produce proof of application for registration in centralised registration system of Government of Madhya Pradesh. However, agreement with selected bidder shall be executed only on production of copy of Registration Certificate of centralised registration system of Government of Madhya Pradesh.
   • (c) In case of specialised nature of works and in Projects undertaken on Public Private Partnership procedure, the requirement of registration will not apply.

1. (14) Welfare and Recreation of Staff: The constitution and functioning of the Welfare and Recreation Committee in the Board shall be governed by the following guidelines:
   • (a) The Committees: There shall be a Welfare and Recreation Committee in the Board at the Head Office, at Circle Offices and at every Divisional Office. The Committee shall consist of five members including the President, the Vice President, the Secretary and the Treasurer. The members of the Committee shall be elected from amongst themselves by the officers and employees of the Housing Board at Head Quarters, Circles Offices and Divisional Offices. They shall hold office for a period of one year with effect from the date of election. Two or more such units located at a single headquarter may, if they so wish merge and have a single Committee.
   • (b) Functions of the Committee: The Committee shall provide for the welfare and recreational activities of the officers and employees, which shall include:-
     • (i) Games (indoor and outdoor), arranging of sports and competitions in furtherance of these activities.
     • (ii) Opening of reading clubs, purchase of magazines, books, newspapers and other periodicals;
     • (iii) Such other welfare and recreational activities as may be approved by the Board.
   • (c) Funds of the Committee: The funds of the Committee shall consist of subscriptions made by the Board, its officers and employees, and grants and donations from other sources.
   • (d) Board's Contribution: The Board may on an application from the Committee sanction an annual contribution not exceeding Twenty five thousand rupees to the Head Office Committee and Five Thousand rupees to each of the other Committees every year towards welfare and recreation activities of the staff, provided that at least fifty percent of the sanctioned amount had been contributed by the staff during the previous financial year. If the contribution of the staff falls short of the fifty percent of the Board's contribution, the Board's contribution shall be reduced proportionately. In case two or more units at a single headquarter decide to merge, they will be entitled to receive funds calculated as though they were separate units.
   • (e) Accounts: The Committee shall maintain proper accounts and other relevant records and prepare an annual statement of receipts and expenditure. The accounts of the Committee shall be checked by the Chief Accounts Officer of the Board.

1. (15) Formation of Unions: The Board reserves the right to accord recognition to one or more associations of the employees of the Board subject to the following conditions:-
   • (i) The said association shall be duly registered under the law relating to the registration of societies for the time being in force.
   • (ii) No person who is not an employee of the Board shall be a member or an office-bearer or a patron of such an association.
   • (iii) The constitution of the association will be subject to the approval of the Board.
   • (iv) The accounts of the association shall be subject to such audit as the Housing Commissioner may prescribe from.
   • (v) The activities of the association shall be in the interests of the Board
   • (vi) It shall be incumbent upon the association to strictly adhere to its constitution, particularly in matters relating to elections; and to strictly maintain transparency in expenditure and accounts.
   • (vii) The Board shall have the right to withdraw the recognition of an association after giving the association a reasonable opportunity of being heard.

General Provisions on Delegation of Power

1. (16) General Provisions on Delegation of Power :
   • (a) Powers not specifically delegated to the Chairman, Housing Commissioner or other officers of the Board, shall be exercised by the Board.
   • (b) The Housing Commissioner may delegate Powers conferred on him or to his subordinate officer, as specified in Annexure I, to other subordinate officers as and when required .
   • (c) The financial powers/limits described for various authorities in Annexure-I may be modified/enhanced/decreased by the Board from time to time or as per prevailing conditions.
   • (d) The authorities subordinate to Housing Commissioner, as defined in Annexure I, shall exercise their financial powers subject to availability of Budget.
   • (e) All authorities, as defined in Annexure I, shall exercise prudence while giving sanctions under Delegation of Powers.
   • (f) In case the beneficiary himself is the empowered authority the decision shall be approved by one rank higher authority.

1. (17) Interpretation : In case there is a dispute in interpretation of these Regulations or its Annexures due to difference of opinion or discrepancy based on the Hindi translation of the English version, the English version shall be considered the authorised legal version.