Chapter II CHAPTER II

(1) The authorities charged with carrying out the provisions of this Act are — (a) the Authority, (b) the President and the Vice-President of the Authority, (c) the Boards, (d) the Chairman and the Vice-Chairman of the Boards, (e) the Chief Officers of the Boards, having part-time Chairman and also part-time Vice-Chairman. (2) Every Board shall be subject to the superintendence, direction and control of the Authority for the purposes of this Act.

The President, if he is a full-time President, shall be the Chief Executive Officer of the Authority, and if the President is not a full-time President, the Vice-President shall be the Chief Executive Officer of the Authority under the general superintendence and control of the President.

The Authority may, with the approval of the State Government, establish Boards for specific functions. (1) (a) The five Boards which have been established before the commencement of the Maharashtra Housing and Area Development (Second Amendment) Act, 1992 (Mah. XXII of 1992) and shown in column 1 of the following table, shall have the area of jurisdiction shown against each such Board in column 2 of that table. TABLE Name of the Board 1 Area of jurisdiction districts of— 2 (1) The Mumbai Housing and Area Development Board. (a) The City of Mumbai (b) The Mumbai Suburban. (2) The Nagpur Housing and Area Development Board. (a) Nagpur, (b) Chandrapur, (c) Gadchiroli, (d) Bhandara, (e) Wardha. (3) The Aurangabad Housing and Area Development Board. (a) Aurangabad, (b) Jalna (c) Parbhani, (d) Beed, (e) Nanded, (f) Osmanabad, (g) Latur. (4) The Pune Housing and Area Development Board. (a) Pune, (b) Satara, (c) Sangli, (d) Solapur, (e) Kolhapur. (5) Konkan Housing and Area Development Board. (a) Thane, (b) Raigad, (c) Sindhudurg, (d) Ratnagiri. (b) The State Government shall, by notification in the Official Gazette, establish the following two Boards having the area of jurisdiction in the districts as shown against each of them, on and with effect from such date as may be specified in that notification, namely :— (1) The Amravati Housing and Area Development Board. (2) The Nashik Housing and Area Development Board. (a) Amravati, (b) Akola, (c) Yavatmal, (d) Buldhana. (a) Nashik, (b) Ahmednagar, (c) Dhule, (d) Jalgaon. (c) The State Government shall, by notification in the Official Gazette, establish the following two Boards for carrying out the activities of repairs and reconstruction, and slum improvement having the area of jurisdiction in the districts as shown against each of them on and with effect from such date as may be specified in that notification, namely :— (1) The Mumbai Repairs and Reconstruction Board (2) The Mumbai Slum Improvement Board. The City of Mumbai. (a) The City of Mumbai. (b) The Mumbai Suburban. (2) Every Board shall consist of a Chairman and not more than 17 other members including a Vice-Chairman, if any, of whom not less than 3 shall be official. All the members including the Chairman and the Vice-Chairman, if any, shall be appointed by the State Government. (3) Not less than two non-official members shall be persons who, in the opinion of the State Government, have special knowledge or practical experience in finance, structural engineering, architecture, town and country planning, and public housing. (4) The names of the Chairman, Vice-Chairman, if any, and other members of a Board shall be published in the Official Gazette, and upon such publication, the Board shall be deemed to be duly constituted. (5) The appointment of the Chairman and Vice-Chairman of a Board may be either whole-time or part-time as the State Government may think fit. When the Chairman is appointed as a whole-time Chairman, he shall be the Chief Officer of the Board. (6) Where the Chairman is appointed as a part-time Chairman, the Vice-Chairman, if full-time, shall be the Chief Officer of the Board. If the Vice-Chairman is also part-time, the State Government shall appoint a Chief Officer of the Board, and he shall be an officer of the Board. (7) Every Board shall have a Chief Accounts Officer. He shall be appointed by the Authority with the previous approval of the State Government. (8) The provisions of sections 7, 8, 9, 10, 11, 12, 13 and 14 shall apply mutatis mutandis to a Board or to the co-opted members of the Technical Committee appointed under sub-section (10) as they apply in relation to the Authority. (9) Each Board shall be provided with such employees as the Authority may, by order in writing, determine. The Board shall within its jurisdiction be responsible for administering and managing the affairs of the Authority for the purposes of this Act. (10) The Mumbai Repairs and Reconstruction Board shall appoint a Technical Committee, consisting of not less than six of its members and may co-opt not more than three other persons on the Committee who are not members of the Board. Subject to the superintendence and control of the Board, the Technical Committee shall sanction and supervise the repairs and reconstruction works, including the construction of transit camps, on behalf of the Board under Chapter VIII. The Board may delegate such of its other functions under Chapter VIII to the Committee as it may decide. (11) [Deleted]

(1) The Authority shall, with the previous approval of the State Government appoint a Financial Controller and a Secretary. (2) Subject to such directions regarding creation of any post and filling thereof as the State Government may from time to time by an order in writing determine, the Authority may appoint such other employees from time to time for the efficient performance of its functions as it think fit. (3) The employees appointed under this act shall be the employees of the Authority notwithstanding the fact that they are working under any Board. (4) Subject to the provisions of this section, the remuneration and other conditions of service of employees appointed by the Authority shall be such as may be determined by regulations : Provided that, subject to the provisions of section 22, 23 and 189, the terms and conditions of service applicable immediately before the appointed day to any employee shall not be varied to his disadvantage except with the previous approval of the State Government. (5) The State Government may make rules with effect from such date as it may specify, for regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption or promotion of persons already working under any existing Board or otherwise any

(1) The State Government shall establish a provident fund for employees of the Authority, and such provident fund (hereinafter called as “the provident fund”) shall, notwithstanding anything contained in section 8 of the Provident Funds Act, 1925 (XIX of 1925), be deemed to be a Government Provident Fund for the purposes of that Act ; and such provident fund may be administered by such officers of the State Government or of the Authority, as the State Government may specify in that behalf. (2) The Authority shall, in respect of each of its employees who is a subscriber to the provident fund, pay into that fund such portion of the contribution in such manner as the State Government may, from time to time, determine.

The Authority shall take over and absorb the staff of the existing Boards. (1) Subject to the provisions of section 189 and other provisions of this Act every person, who was a whole-time employee of any existing Board immediately before the appointed day shall, on and from that day, become, and be absorbed as, an employee of the Authority. He shall hold his office in the Authority by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and provident fund and other matters as he would have the same on the appointed day of this Act had not been passed, and shall continue to do so, unless and until his employment in the Authority is terminated or until his remuneration terms and conditions are duly altered by the Authority : Provided that, nothing contained in this section shall apply to any such employee who has, by notice in writing given to the State Government prior to the appointed day, intimated his intension of not becoming an employee of the Authority. (2) If any question arise as to whether any person was whole-time employee of an existing Board immediately before the appointed day or not, the question shall be referred to the State Government, whose decision shall be final. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law for the time being in force, the absorption of any employee of an existing Board by the Authority shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any Court, Tribunal or other Authority.

(1) Where the State Government is satisfied that for the purpose of securing uniformity in the scales of remuneration and the other terms and conditions of service applicable to the employees who are absorbed by the Authority under section 22, it is necessary so to do, or that, in the interest of the Authority, a reduction in the remuneration payable, or a revision of the other terms and conditions of service applicable, to employees or any class of employees is called for, the State Government may, notwithstanding anything contained in section 22 or other provisions of this Act or in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, or in any award, settlement or agreement for the time being in force, alter (whether by way of reduction or otherwise) the remuneration and the other terms and conditions of service to such extent and in such manner as it think fit; and if the alteration is not acceptable to any employee, the Authority may terminate his employment by giving compensation equivalent to three months’ remuneration unless the contract of service with such employee provides for a shorter notice of termination. Explanation.— The compensation payable to an employee under this section shall be in addition to, and shall not affect, any pension, gratuity, provident fund money or any other benefit to which the employee may be entitled under his contract of service. (2) Notwithstanding anything contained in sub-section (1), the remuneration payable to any employee absorbed by the Authority under section 22, shall not be altered under that sub-section to his disadvantage, so as to be less than the remuneration paid or payable to him on the 1st January 1975 plus the increments earned by him during the period from the said date to the appointed day.

(1) The Authority shall meet at such times, at least once in two months and at such places as the President may determine. (2) The President or in his absence the Vice-President, and in the absence of both the President and Vice-President, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the Authority. (3) All questions at a meeting of the Authority shall be decide by a majority of votes of the members present and voting; and in the case of an equality of votes, the person presiding shall have and exercise a second or casting vote. (4) Three members shall form a quorum to constitute a meeting of the Authority. (5) Minutes shall be kept of the names of the members present and of others who attend the meetings of the Authority under the provisions of this Act and of the proceedings of each meeting, in a minute book to be kept for the purpose. The minutes shall signed at the next ensuing meeting after confirmation at such meeting and shall be open to inspection by any member during office hours of the Authority. (6) Subject to the foregoing provisions, the Authority may observe such rule of procedure in regard to the transaction of its business as it may deem proper and expedient.

The provisions of sections 25 and 26 shall apply mutatis mutandis to the meetings of the Boards. The provisions of section 25 in relation to meetings of a Board and of section 26 in relation to temporary associations of persons with a Board shall apply as they apply in relation to meetings of the Authority or in relation to temporary association of persons with the Authority, with the modifications that— (1) in sub-section (1) of section 25, for the word “Authority” the word “Board” and for the words “in two months” the words “a month” and for the word “President” the word “Chairman” shall, respectively, be substituted ; (2) in sub-section (2) of section 25, for the word “President” the word “Chairman” and for the word “Vice-President” the word “Vice-Chairman” shall be substituted ; (3) in each of sub-sections (2), (3), (4), (5) and (6) of section 25, for the word “Authority” the word “Board” shall be substituted ; (4) in sub-section (4) of section 25, for the words “Three members” the words “One-third of the members” shall be substituted ; (5) in section 26, for the word “Authority” wherever it occurs, the word “Board” shall be substituted.

(1) All expenses incurred by the Authority, including expenses incurred on account of salaries, allowances, fees and other remuneration payable to the employees serving under the Authority, shall be met from the fund of the Authority. (2) The Authority may, at its discretion, make from out of its fund, contribution of such amount as it deems fit to the Employees’ Welfare Fund, if any, constituted by the employees of the Authority and managed by the society, formed by such employees and registered under the Societies Registration Act, 1860 (21 of 1860) and the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950).

No person who has directly or indirectly by himself or his partner or agent any share or interest in any contract, by or on behalf of the Authority or in any employment under, by or on behalf of the Authority otherwise than as an employee thereof, shall become or remain an employee of the Authority.

(1) The Authority may associate with itself, any person whose assistance or advice it may desire for carrying in to effect any of the provisions of this Act : Provided that, the number of persons so associated shall not be more than three. (2) A person associated with the Authority under sub-section (1) for any purpose shall have the right to take part in the deliberations of the Authority relevant to that purpose, but shall not have the right to vote. (3) The State Government may, by order, depute its representatives to attend any meeting of the Authority and to take part in the deliberations of the Authority, on such items or subjects as the State Government may specify, but such representatives shall not have the right to vote.