Chapter V MISCELLANEOUS

The Board shall, on such date and in such form and at such intervals as may be prescribed, submit to the Government a report on such matters as may be required and the Government shall cause such report to be published in the official Gazette and every such report shall be laid before the House of the State Legislature as soon as may by after it is published.

The Board shall submit to the Government such statistics , returns, particulars, Statements, documents or papers in regard to any proposed or existing scheme or relating to any matter or proceedings, connected with the working of the Board at such times and in such forms and manner as may be prescribed or as, the Government may, from time to time direct.

Notwithstanding anything contained in this Act, the Board may undertake construction of building of the Government, a Local Authority, or a Corporation or undertaking owned or controlled by the Government or a co-operative society subject to such terms and condition as may be agreed upon in pursuance of a contract

The Government may give the Board such directions as in its opinion are necessary or expedient to carry out the purposes of this Act arid the Board shall comply with such directions.

(1) The Government with a view to satisfy itself, that the powers and duties of the Board are being exercised and performed properly may, at any time, appoint any of person to make inquiries into all or any of the activities of the Board arid to report to the Government the result of such enquires, (2) The Board shall give to the person or persons so appointed all facilities for the proper conduct of enquires and shall produce before the person or persons all documents, books of account and other information in the possession of the Board which such person, or persons may call for the purpose of the enquires.

(1) If the Government is satisfied that the Board has defaulted in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty. (2) If in the opinion of the Government, the Board fails or neglects to perform such duty within the period so fixed, it shall be lawful for the Government to supersede and re-constitute the Board in the prescribed manner. (3) On supersession of the Board and until it is reconstituted the powers, duties and functions of the Board shall he carried out by the Government or by such Officer or Officers as it may appoint for this purpose.

(1) The Government, if it is satisfied that in public interest it is necessary so to do, may, by notification in the Official Gazette, dissolve the Board with effect from such date as it may specify and the Board shall stand dissolved accordingly. (2) On the dissolution of the Board under sub-section (1):- (a) all properties funds, interest and rights which vest in the Board shall vest in the Government and (b) all liabilities enforceable against the Board shall be enforceable against the Government. (3) Nothing in this section shall affect the liability of the Government in respect of loans or debentures guaranteed under section 30. (4) Every notification made under sub-section (1) shall be laid before the House of the State Legislature as soon as may be.

(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such Rules may be made for all or any of the following matters namely:- (a) the allowance of members and remuneration and conditions of services of the Chairman; (b) the manner and form in which contracts shall be entered into; (c) application forms and particulars of housing schemes and terms and conditions for grant of loan under a housing scheme; (d) the manner of publication of housing schemes included in the Budget; (e) the procedure to be followed in taking possession of any Board premises; (f) the conditions subject to which the Board may borrow any sum under section 29; (g) the manner of preparation, maintenance and publications of accounts under section 33; (h) submission of reports, returns, etc. under sections 35 and 36; (i) the manner in which the Board shall be superseded and re- constituted under section 46; (j) qualification and other conditions of service of the Housing Commissioner and other Officers of the Board whose appointment needs prior approval of the Government, (k) any other matter which is or may be prescribed under this Act, (3) Every rule made under this Act shall be laid as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in Session for a total period of seven days, which may be comprised in one Session or in two successive Sessions and if before the expiry of the Session in which it is so laid or the Session immediately following, the Nagaland Legislative Assembly make any modification in the rule or decide that the rule should

The Board may, from time to time with the previous sanction of the Government, make regulations consistent with this Act and the rules made thereunder; (a) for the management, allotment and use of buildings, tenements, hutments and premises constructed under a housing scheme; (b) for the remuneration and conditions of service of the Officers and employees appointed by the Board; (c) for delegation of financial powers to the Chairman and the Housing Commissioner and other Officers; (d) for regulating the procedure of disposal of its business.

(1) The Board may make bye-laws not inconsistent with this Act and the Rules and Regulations framed thereunder, which may be necessary or expedient for the purpose of carrying out its duties and functions. (2) A bye-law made under this section may provide that a contravention thereof shall be an offence, (3) No bye-law made by the Board shall come into force until it has been confirmed by the Government (4) All Bye-laws made under this section shall be published in the official Gazette.

Whoever contravenes a Bye-law made under section 44 shall, on conviction, be punished with imprisonment for a term which may extend to two months or with a fine which may extend upto Rs. 500 or with both.

No court shall take cognizance of any offence punishable under this Act, except on a complaint from the Board or a person authorised by the Board by general or special order in this behalf.

All members, officers and employees of the Board when acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Board, the Government or any person for anything which is in good faith done or intended shall to be done under this Act.

Any person who obstructs the lawful exercise of any power conferred by this Act. shall, on conviction, be punished with a fine not exceeding Rs. 500 or with imprisonment for a term not exceeding two months or both.

(1) If any difficulty or doubt arises in giving effect to the provisions of this Act, the Government may, by order published in Gazette make such provisions, not inconsistent with the purpose of this Act. as appears to it to be necessary or expedient for the removal of the difficulty or doubt; and the orders of the Government in such case shall be final. (2) Every order made under this section shall be laid as soon as may be after it is made, before the Assembly while it is in Session for total period of seven days which may be comprised in one Session or in two successive Sessions and if before the expiry of the Session in which it is so laid or the Session immediately following the Assembly agree in making any modification in the order or the Nagaland Legislative Assembly agree that -the order should not be made, the order shall there after have effect only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.