Chapter V Miscellaneous

The Board shall, before such date and in such form and at such intervals as may be prescribed, submit to the State Government a report on such matters as may be prescribed.

1. (2) The State Government shall, as soon as may be, cause the report submitted by the Board to be laid before the House of the State Legislature.

The Board shall also submit to the State Government such statistics, returns, particulars, statements, documents and 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 form and manner as may be prescribed or as the State Government may from time to time direct.

The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order-

1. (a) to make any inspection, survey, measurement, valuation or inquiry:
2. (b) to take levels;
3. (c) to dig or bore into the sub-soil:
4. (d) to set boundaries and intended lines of work:
5. (e) to make such levels, boundaries and lines of works and cutting trenches: or
6. (f) to do any other thing; whenever it is necessary to do so for any of the purposes of this Act or any rides made or scheme sanctioned thereunder: Provided that,-
   • (i) no such entry shall be made between sunset and sunrise:
   • (ii) no dwelling house and no public building which is used as a dwelling place, shall be so entered, unless with the consent of the occupier thereof and without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry:
   • (iii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove themselves to some part of the premises where their privacy may not be disturbed: and
   • (iv) due regard shall always be had. so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

No person shall commence any suit against the Board or against any officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to have been done in pursuance of this Act, without giving to the Board, officer or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.

The Board shall at the end of every five years have a valuation of its assets and liabilities made by a valuer, appointed with the approval of the State Government: Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.

1. (1) The State Government may. by notification in the Official Gazette make rules whether retrospectively or prospectively for carrying out the purposes of this Act.
2. (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 purposes, namely:-
   • (a) the allowances of members and remuneration and conditions of service of the Chairman;
   • (b) the rates of subscriptions and contributions and other conditions of the provident fund established under section 16:
   • (c) the manner and form in which contracts shall be entered into under section 25;
   • (d) the form of the annual budget to be laid before the Board under section 29 and the other particulars to be contained therein:
   • (e) the manner of publication of housing schemes included in the budget under section 33:
   • (f) the conditions subject to which the Board may borrow any sum under section 44:
   • (g) the manner of preparation, maintenance and publication of accounts under section 45;
   • (h) the date before which, the form in which, the interval at which and tire matters on which reports shall be submitted under section 47;
     • (i) the time at which and the form and manner in which statistics, returns, particulars, statements/documents and papers shall be submitted under section 48:
   • (j) the manner in which the Board shall be superseded and reconstituted under section 61: and
   • (k) any other matter which is or may be prescribed under this Act.
3. (3) All rules made under this Act shall be laid as soon as may be after they are so made, before the House of the State Legislature, while it is in session; for a period of not less than 14 days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may, so however that any such modification or annulment shall be without prejudices to the validity of anything previously done thereunder.

1. (1) The Board may, from time to time, with the previous sanction of the State Government, may, whether retrospectively or prospectively, regulations consistent with this Act and with any rules made under this Act:-
   • (a) for the management and use of buildings constructed under any housing scheme:
   • (b) the principles to be followed in allotment of tenements and premises:
   • (c) that remuneration and conditions of service of the Housing Commissioner and other officers and servants of the Board under section 15;
   • (d) for regulating its procedure and the disposal of its business.
2. (2) If it appears to the State Government that it is necessary or desirable for carrying out the purposes of this Act to make any regulation in respect of matters specified in sub-section (1) or to amend any regulation made under that sub section, it may call upon the Board to make such regulation or amendment within such time as it may specify. If the Board fails to make such regulation or amendment within the time specified, the State Government may itself make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been made by the Board under sub-section (1).

1. (1) The Board may, whether retrospectively or prospectively, make bye-laws, not inconsistent with this Act which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.
2. (2) A bye-law made under this section may provide that a contravention thereof shall be an offence.
3. (3) A bye-law made under this section may provide for any matter covered by a bye-law made under the Rajasthan Municipalities act, 1959 (Act 38 of 1959) and on publication of such bye-law, any bye-law made under section 90 of the Rajasthan Municipalities Act, 1959, shall cease to have effect as respects the matters covered by the bye-law made under this section, in the area where such bye-law shall apply.
4. (4) No bye-law made by the Board shall come into force until it has been confirmed by the State Government with or without modification.
5. (5) All bye-laws made under this section shall be published in the Official Gazette.

Whoever contravenes a bye-law made under section 54 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

If any person-

1. (a) obstructs or molests any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by a general or special order in this behalf.

All members, officer and servants of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.

The State Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, and it shall be the duty of the Board to comply with such directions.

1. (1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.
2. (2) If in the opinion of the State Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government notwithstanding anything contained in section 6, to supersede and reconstitute the Board in the prescribed manner.
3. (3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the State Government or by such officer or officers as the State Government may appoint for this purpose.

1. (1) The State Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved.
2. (2) With effect from the date specified in the notification under sub-section (1)- (a) all properties, funds and dues which are vested in or realizable by the Board shall vest in and be realizable by the State Government.
   • (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realized by the State Government.
3. (3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 44.

1. (1) The Rajasthan Housing Board Ordinance, 1970 (Rajasthan Ordinance 3 of 1970) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken in the exercise of any power conferred by or under the said Ordinance, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act.