The Punjab Slum Areas (Improvement and Clearance) Act, 1961
Chapter VI-A SLUM CLEARANCE BOARD
Chapter VI-A SLUM CLEARANCE BOARD
21A. Establishment of Slum Clearance Board
- (1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be established for carrying out the purposes of this Act a Board to be known as "the Haryana Slum Clearance Board" with headquarters, at such place as the State Government may specify.
- (2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to, the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued.
Chapter VI-A SLUM CLEARANCE BOARD
21B. Constitution of Board
(I) The Board shall consist of a Chairman, the Chief Administrator, the Secretary and such other members, not more than fifteen and not less than six as the State Government may, from time to time, by notification appoint and they shall hold office during the pleasure of the State Government : Provided that total number of non-official members shall not at any time exceed three. Explanation.-The Chief Administrator shall be the Chief Executive Officer of the Board. (2) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof.
Chapter VI-A SLUM CLEARANCE BOARD
21C. Conditions of service of members
The terms and conditions of the service of members of the Board shall be such as may be prescribed.
Chapter VI-A SLUM CLEARANCE BOARD
21D. Appointment of officers and employees
The Board may appoint such number of officers and other employees including experts for technical and legal works, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
Chapter VI-A SLUM CLEARANCE BOARD
21E. Conditions of service of officers and employees
The pay and other conditions of service of the officers and employees of the Board shall be such as may be prescribed.
Chapter VI-A SLUM CLEARANCE BOARD
21F. General disqualification of members, officers and employees
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 Board, shall become or remain a member or officer or employee of the Board.
Chapter VI-A SLUM CLEARANCE BOARD
21G. Functions of Board
The functions of the Board shall be-
- (a) to exercise the powers of the competent authority in cases where the State Government have, by notification, directed that the powers of the competent authority shall be exercised by the Board ; and
- (b) such other functions as may be prescribed.
Chapter VI-A SLUM CLEARANCE BOARD
21H. No disqualification in certain cases
No person shall be disqualified for being chosen as, or for being a member of the Legislative Assembly by reason only of the fact that he is a Chairman or a member of the Board.
Chapter VI-A SLUM CLEARANCE BOARD
21I. Power of Board to make regulations
The board may make regulations in regard to the meetings of the Board and the conduct of business.
Chapter VI-A SLUM CLEARANCE BOARD
21J. Board to comply with directions of Government
It shall be the duty of Board to comply with such directions as the S Late Government mav Frnm time tn time issue eirhe or in regard to any particula
Chapter VI-A SLUM CLEARANCE BOARD
21K. Power of Housing Board or any other Authority to cease
With effecr from the date of the establishment of thc Board, the Housing Boaid or any other Authority in the State of Haryana shall cease co exercise atiy function under rhe Punjab Slum Areas (Improvement and Clearance) Acl, 196 1, in respect of matters dealt wirh in this Act and in particular. the improvement of thc slum area, the clearance of a slum area and the re-deveIopmenl of a slum clearance area.
Chapter VI-A SLUM CLEARANCE BOARD
21L. Transfer of certain assets and liabilities to Board
(I) All property, assets, rights and liabilities of the State Government, Housing Board or any other Authority shall, in so far as such property, assets, rights and liabilities are relatable immediately before the date of establishment of the Board to the improvement of the slum area, the clearance of the slum area and the re-development of the slum clearance area, stand transferred to and vested in the Board. (2) If any dispute arises in respect of transfer or vesting of any property, assets, rights or liabilities under sub-section (I), the same shall be referred to the State Government whose decision shall be final.
Chapter VI-A SLUM CLEARANCE BOARD
21M. Power to make contracts
- (1) The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out all or any of the purposes of this Act.
Chapter VI-A SLUM CLEARANCE BOARD
21N. Execution of contracts
- (1) Every contract shall be made in the name of the Board by the Chief Administrator or such other officer of the Board as may be authorised by it.
- (2) Every contract for and on behalf of the Board shall, subject to the provisions of this section, be entered into in such form and manner as may be prescribed.
- (3) A contract not made or executed as provided in this section and the rules made thereunder shall be void.
Chapter VI-A SLUM CLEARANCE BOARD
21O. Board to enforce certain contracts and agreements
- (1) All contract, agreements and other instruments of whatever nature, subsisting or having effect immediately before the date of the establishment of the Board and to which the State Government or such other Authority is a party, in so far as such contracts, agreements and instruments are relatable to the improvement of the slum area the clearance of a slum area and the re-development of a slum clearance area shall be of full force and effect against or in favour of the Board and may be enforced or acted upon as fully and effectually as if instead of the State Government or such other Authority, the Board had been a party thereto or as if they had been entered into or issued in favour of the Board.
- (2) If, on the date of establishment of the Board, any suit, appeal or other legal proceeding of whatever nature by or against the State Government or such other Authority is pending, then such suit, appeal or other legal proceeding in so far as it is relatable to the improvement of the slum area, the clearance of a slum area and the re-development of a slum clearance area, shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Board of the property, assets, rights and liabilities of the State Government of such other Authority or of anything done under this Act, but the suit, appeal or other legal proceeding may be continued prosecuted and enforced by or against the Board. Explanation.—For the purpose of this sub-section 'legal proceeding' includes any proceeding under the Land Acquisition Act, 1894.
Chapter VI-A SLUM CLEARANCE BOARD
21P. Board’s Fund
- (1) The Board shall have a fund to be called the Slum Clearance Board Fund.
- (2) The Board may accept grants, subventions, donations and gifts from the Central Government or the State Government or a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
- (3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents and all interests, profits and other moneys accruing to the Board, shall constitute the Slum Clearance Board Fund.
- (4) Except as otherwise directed by the State Government all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or in any Scheduled Bank or a Co-operative Bank or invested in such securities as may be approved by the State Government.
- (5) Such accounts shall be operated upon by such officers as may be authorised by the Board. Explanation.—For the purposes of this section, a Scheduled Bank shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934.
Chapter VI-A SLUM CLEARANCE BOARD
21Q. Application of Slum Clearance Board Fund
No property, the Slum Clearance Board Fund, and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.
Chapter VI-A SLUM CLEARANCE BOARD
21R. Expenditure in case of urgency etc
- (1) Where in the opinion of the Board circumstances of extreme urgency have arisen, it shall be lawful for the Board to make for the purpose of this Act in any year an expenditure of such amount as may be prescribed, notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government.
- (2) Where any sum is expended under circumstances of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Government.
- (3) The Board may, within the budget sanctioned by the State Government, approve appropriation not exceeding such amount as may be prescribed from one head to another and from one minor head to another under the same major head and submit a statement of such re-appropriation to the State Government.
Chapter VI-A SLUM CLEARANCE BOARD
21S. Subventions and loans to Board
- (1) The State Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.
- (2) The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.
Chapter VI-A SLUM CLEARANCE BOARD
21T. Power of Board to borrow
- (1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
- (2) The rules made by the State Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers.
- (3) All debentures issued by the Board shall be in such form as the Board, with the sanction of the State Government, may, from time to time, determine.
- (4) Every debenture shall be signed by the Chief Administrator and one other member.
- (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the State Government.
Chapter VI-A SLUM CLEARANCE BOARD
21U. Accounts and audit
- (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules an annual statement of accounts.
- (2) The Board shall cause its accounts to be audited annually by such persons as the State Government may direct.
- (3) As soon as the accounts of Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price.
- (4) The Board shall comply with such directions as the State Government may after perusal of the report of the auditor think fit to issue.
Chapter VI-A SLUM CLEARANCE BOARD
21V. Concurrent and special audit of accounts
- (1) Notwithstanding anything contained in section 21U the State Government may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.
- (2) Where an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1), such information as he may require for the purpose of audit.
Chapter VI-A SLUM CLEARANCE BOARD
21W. Transfer of assets and liabilities
- (1) The State Government may transfer to the Board, building land or any other property, movable or immovable, for use and management by the Board on such conditions and limitations as the State Government may deem fit, for the purposes of this Act.
- (2) The State Government may transfer to the Board such schemes or works in progress, with all their assets and liabilities as are run or managed by the State Government, subject to such conditions and limitations as the State Government may deem fit to impose for the purposes of this Act.
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