Chapter II CHAPTER II

1. (1) The State Government may, by notification in the Official Gazette, establish, for the purposes of this Act, a Board to be called "The Rajasthan Housing Board", hereinafter called the Board, with effect from such date as may be specified in the notification.
2. (2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property both immovable and immovable and to enter into contracts and may by its corporate name sue and be sued and do all things and acts necessary for the purposes of this Act.
3. (3) For the purposes of this Act and the Rajasthan Land Acquisition Act. 1953 (Act No. XXIV of 1953), the Board shall be deemed to be a local authority. Explanation. - The purposes of this Act referred to in sub-section (3) include the management and use of lands and buildings belonging to or vesting in the Board under or for the purposes of this Act and the exercise of its rights over and with respect to such lands and buildings for the purposes of this Act.

1. (1) The Board shall consist of a Chairman appointed by the State Government and of the following other members, namely:-
   • (a) Financial Commissioner, Government of Rajasthan, ex-Of-ficio member:
   • (b) Secretary to Government, Town Planning Department, ex-Officio member:
   • (c) Chief Town Planner and Architectural Adviser, ex-Officio member:
   • (d) Housing Commissioner of the Board, ex-Officio member: and
   • (e) Six non official members, appointed by the Government of whom one shall belong to the Scheduled Castes or Scheduled Tribes.
2. (2) The names of the Chairman and other members appointed under sub-section (1) shall be published in the Official Gazette.
3. (3) A non-official member of the Board may at any time resign his office by submitting his resignation to the State Government: Provided that the resignation shall not take effect until it is accepted by the Government.
4. (4) The State Government may, by notification in the Official Gazette, remove from office the Chairman or any other member who-
   • (a) is, or has become, subject to any of the disqualifications mentioned in section 7, or
   • (b) in the opinion of the State Government, has been guilty of any misconduct or neglect or has so flagrantly abused his position as to render his continuance as member detrimental to the interests thereof or of the general public: Provided that no person shall be removed from office unless he has been given an opportunity to show cause against his removal.

1. (1) The Chairman and the non-official members of the Board shall hold office for a period of three years from the date of their appointment as Chairman or as the case may be, other members: Provided that the term of office of the Chairman and the nonofficial members may be extended by the Government for a period not exceeding two years.
2. (2) The Chairman and the non-official members shall on expiry of the term of their office be eligible for re-appointment.
3. (3) Notwithstanding anything contained in any other provisions of this Act, the State Government may, if it thinks fit in public interest so to do, by a notification in the Official Gazette, terminate the appointment of the Chairman or any member before the expiry of the term for which he has been appointed and may by a similar notification reconstitute the Board at any time and the Board so reconstituted shall be deemed to be a Board constituted under section 4 of this Act.
4. (4) Where the appointment of the Chairman or any member of the Board has been terminated under sub-section (3), he shall not be entitled to any compensation whatsoever in respect of the unexpired period of this appointment.

A person shall be dis qualified for being appointed or for continuing as the Chairman or member of the Board constituted under this Act, if he-

1. (a) is, or at any time has been, adjudged insolvent, or
2. (b) is of unsound mind and has been so declared by a competent court, or
3. (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, unless such conviction has been set aside, or
4. (d) is, or at any time has been convicted of an offence under this Act, unless such conviction has been set aside, or
5. (e) is an officer or servant of the Board, or
6. (f) has directly or indirectly by himself or by any partner employer or employee, any share or interest in any contract or employment with, by or on behalf of the Board, or
7. (g) is a Director or a Secretary, Manager or other salaried officer or employee of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board: Provided that a person shall not be disqualified under clause (f) or clause (g) or be deemed to have any share or interest in any contract or employment within the meaning of these clauses, by reason only of his, the firm of which he is a partner or the incorporated company of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in-
   • (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same;
   • (ii) any agreement for the loan of money or any security for the payment of money only:
   • (iii) any newspaper in which any advertisement relating to the affairs of the Board is printed or published; or
   • (iv) the occasional sale to the Board upto a value not exceeding two thousand rupees in any one year, of article in which he, the firm or the incorporated company regularly trades: Provided further that a person shall not also be disqualified under clause (f) or clause (g) or be deemed to have any share or interest in an incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board, by reason only of his being a shareholder of such company if such person discloses to the Government the nature and extent of the shares held by him. Explanation. - For the purpose of clause (e), the Chairman or the Housing Commissioner shall not be deemed to be an officer or servant of the Board.

1. (1) The Chairman shall be paid such remuneration and allowances as may, from time to time, be fixed by the Government.
2. (2) Every member shall receive such allowances as may be fixed by the Government.
3. (3) The allowances to the members and the remuneration to the Chairman shall be paid from the fund of the Board.

1. (1) The Government, may, from time to time, grant to the Chairman such leave as may be admissible under the rules.
2. (2) Whenever there is a temporary vacancy in the office of the Chairman, the Government may appoint a person to act as Chairman during the period of such vacancy and shall pay to such person such remuneration and allowances as may be fixed by them. The person so appointed shall be deemed for all purposes of this Act to be the Chairman.

If a member-

1. (a) becomes subject to any of the disqualifications mentioned in section 7:
2. (b) tenders his resignation in writing to the Government and the same is accepted: or
3. (c) is absent without the permission of the Board from three consecutive meetings of the Board, he shall cease to be a member, from such date as the Government may declare.

Any vacancy of the Chairman or a member of the Board shall be filled in as early as practicable and the term of such appointment shall be for the remainder of the term of the Chairman or the member as the case may be: Provided that during any such vacancy, the continuing members may act, as if no vacancy has occurred.

No. act or proceeding of the Board or any Committee thereof appointed by it under section 19 shall be deemed to be invalid or be called in question merely on the ground that-

1. (a) all or some non-official members required to be appointed under clause (e) of sub-section (1) of section 5 were not appointed by the Government: or
2. (b) a member was or had become subject to any dis-qualification mentioned in section 7: or
3. (c) there has been any defect in the appointment of a person acting as Chairman or a member of the Board; or
4. (d) there are one or more vacancies in the membership of the Board; or
5. (e) there has been any procedural defect or irregularity in the conduct of business at the meeting of the Board not affecting the merits of the matter under consideration at such meeting.

If any member of the Board other than the Chairman is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise not involving the vacation of his appointment, the State Government may appoint another person to officiate for him and carry out his functions under this Act or any rule or regulation made thereunder.

1. (1) The Board shall have a Housing Commissioner, an Architect, a Secretary, a Chief Accounts Officer and such other officers and servants as the Board may consider necessary for the efficient performance of its functions.
2. (2) The appointments of the Housing Commissioner, Secretary and Chief Accounts Officer shall be made by the Board, subject to the previous approval of the State Government and the appointments of other officers and servants of the Board shall be made by the Board: Provided that the Board shall not appoint any officer in the scale of pay the maximum of which exceeds one thousand six hundred and fifty rupees a month, without obtaining the previous sanction of the State Government.
3. (3) The Board shall have power to create any post on its establishment: Provided that no new post, the scale of pay of which exceeds one thousand and two hundred rupees per month shall be created by the Board, without the previous sanction of the State Government.

The remuneration and other conditions of service of the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board shall be such as may be determined by regulations.

1. (1) The State Government shall establish a provident fund for the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board and such provident fund shall be deemed to be a Government Provident Fund, for the purposes of the Provident Fund Act, 1925 (Central Act XIX of 1925), notwithstanding anything contained in section 8 thereof and such fund may be administered by such officers of the State Government, or of the Board, as the State Government may specify in that behalf.
2. (2) The Board shall, in respect of each of its employees who is a subscriber to the said fund, pay into the said fund such portion of the contribution in such manner as the State Government may,from time to time, determine.

Before the first day of May of every year, the Board shall prepare and maintain a schedule of establishment as on the first day of April of that year showing:-

1. (i) the number, designations and grades and scales of pay of the officers and servants (other than the employees who are paid by the day or whose pay is charged to any temporary work), whom it considers necessary and proper to employ for the purposes of this Act.
2. (ii) the amount and nature of the salary, fees and allowances to be paid by the Board to each such officer or servant: and
3. (iii) the amount to be paid by the Board towards leave salary, pension, provident fund or any other purpose in respect of each such officer or servant.

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, or in any employment under, by or on behalf of the Board otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board.

1. (1) Subject to any rules made in this behalf, the Board may from time to time appoint one or more Committees for the purpose of securing the efficient discharge of its functions, and in particular for the purpose of securing that the said functions are discharged with due regard to the circumstances and requirements of particular local areas.
2. (2) Any Committee appointed under sub-section (1) shall meet to discharge the functions assigned to it in such manner as may be directed by the Board.

The Board shall meet and shall from time to time make such arrangements with respect to the day, time, notice, management and adjournment of its meetings as it thinks fit, subject to the following provisions, namely:-

1. (a) an ordinary meeting shall be held once in every two months:
2. (b) the Chairman may, whenever he thinks fit, call special meetings:
3. (c) every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the meeting to preside for the occasion;
4. (d) all questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote; and
5. (e) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.

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

The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

1. (1) Every contract on behalf of the Board shall be made by the Chairman' or such officer or officers of the Board or by such Committee appointed by it as the Board may, by order in writing, direct or authorise: Provided that-
   • (a) no contract involving an expenditure over and above such amount as may, by notification in the Official Gazette, be specified by the State Government shall be made without the previous sanction of the State Government: and
   • (b) no contract involving an expenditure of ten thousand rupees or more shall, subject to proviso (a) aforesaid, be made without the previous sanction of the Board.
2. (2) The provisions contained in sub-section (1) shall apply to every variation or abandonment of contract or estimate as well as to an original contract or estimate.

Subject to any rule which the State Government may make in this behalf, the Board may, by order in writing, direct that the power conferred on it under section 23 to sanction a contract shall, in such cases as may be specified by it in the order, be exercised by the Chairman or such officer or officers of the Board or by such committee appointed by it as it may by such order direct or authorise.

1. (1) All contracts made on behalf of the Board shall be expressed to be made in the name of the Board and all such contracts and all assurances of property shall be executed on behalf of the Board by the Chainnan or by such officer or officers of the Board or by such committee appointed by it as has bee directed or authorised by the Board to make contract on its behalf under section 23.
2. (2) A contract not expressed or executed in the manner provided in this section shall not be binding on the parties making the contract.