Chapter 4 Chapter 4

Miscellaneous

Protection of acts done in good faith: No suit, prosecution or other legal proceedings shall lie against the Board or any member of the Board for anything which is done or intended to be done in good faith in pursuance of the provision of this Act or any rules and bye-laws made thereunder.

Delegation of power:

Power to make rules Power to make rules:

1. (1) The State Government may, after publication of the intention of making such rules in the Official Gazette, make rules for the regulation of the rehabilitation, maintenance and repair of roads and generally for carrying into effect the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for-
   • (a) The term of office and other conditions of service of the members of the Board.
   • (b) The powers and duties of the Chairman, the Member Secretary and other members of the Board.
   • (c) Appointment, remuneration, facilities and condition of service of the employees of the Board.
   • (d) Modality to be followed in carrying out the Board's activities, accounts and fiscal administration and road repairs, maintenance and other activities.
   • (e) Any other related necessary matters.
3. (3) Every rule made under this Act shall be laid, maybe after it is made, before the Mizoram Legislative Assembly while it is in session for a total period of seven days which may be comprised in one session or in two sessions and if before the expiry of the session immediately following the session aforesaid, the Mizoram Legislative Assembly agree in making any modification in the rule or the said Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or amendment shall be without prejudice to the validity of any thing previously done under that rule.

Power to frame bye-laws:

1. (1) The Board may frame bye-laws not inconsistent with the provisions of this Act and the rules made thereunder for enabling it to discharge its functions under this Act.
2. (2) In particular and without prejudice to the foregoing power, such bye-laws may provide for all or any of the following matters, namely:
   • (a) the time and place of meetings of the Board and rules of procedure to be observed by the Board in regard to transaction of business at its meetings under this Act.
   • (b) any other matter which is, or may be, necessary to be prescribed for the efficient conduct of the affairs of the Board.

Annual Report:

1. (1) The Board shall, during each financial year, prepare an annual report giving a true and full account of its activities in the previous financial year and copies of such report shall be forwarded to the State Government.
2. (2) The State Government shall cause every such report to be laid before the State Legislature as soon as may be after receipt of the same.

Acts and proceedings of the Board presumed to be valid: No act or proceedings of the Board shall be invalid merely by reason of-

1. (a) any vacancy therein or any defect in the constitution thereof.
2. (b) any defect in the appointment of a person acting as a member of the Board; or
3. (c) any irregularity in its procedure not affecting the merit of the case.

Removal of difficulties: If any difficulty arises in giving effect to any provision of this Act, the Government may, as the occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder, which appear to them necessary for the purpose of removing the difficulty.