The Rajasthan Housing Board Act, 1970

English — official source version

rhb_act_1970.pdf.txt

m 4 (as) mean TIN-‘13. uia 18, 1970 25

LA,V DEPARTMENT

NOT [FICA L‘ION

Jaipur, April 18, 1970.

N0. F. 7 {4) Iii-Cl!”- 70.--—~In pursuance of Clause (3) of Article 348
of the ConStitutio.i of In o, the (Joveluor is pleased to authorise the

publication in tho it jadtiltlll GazeLtJ ol‘ the following translation in
the English Ledgvaase of t,.e .llojasJ-en Avasel Board Adhiniyam,
1970 (Adhiniyatn Sillh’hu 4, Sun 1:170) -

(English Translation,)

TEE Rl-LHCELDI HOUSINQ; BQARD ACT, 1970

{Act No. 4.1 oi" 1.;70)
[Received the assent of the Lion-riot“ 011 the 13th day of April, 1970]

An

Act

to Prop/Eda jar megs-mes W cs td/mn =u [not with and satisfy the male]
boas-mg accmmnodatz'on M.- Hat cm... of 1.‘rzyaslhc7z.

‘

Beit enacted by the liojaethatn State Legislature in the Twenty
first year of the Republic of Judie we follows:—

Cl—IAPTER I

Preliminary.

1. Short title, extent and wnmw/tcemem.—(l) This Act may
be called the Rajasthun Housing Board Act, 1970'.

(2) It extends to the whole of the State of Rajasthan.

2. Definitim.-—-In this Act, unless the context otherwise

requires,—

(1) “adjoining area" means such area. as may be specified to be an

adjoining area under section 26 of this Act;

(2) “Board” 11 came the Rajasthnu Housing Board constituted under

section 4 of this Act;

(3) “Board premises 1. Ucillr: any premises belonging _to, or vesting
in, the Board or taken on loose Ly the Board or any premises which is

entrusted to, or in tho pmscsnion or control of, the Board for the purposes
ol'this Act;

(4) “building nutcmtln“ Int‘fllls mic-h commodities or miclee as are

specified by the b‘tote Government by notification to be building materials

for the purpose: of this Act;

'5) “bye-law's” means bye-laws made under section 54 of this

Act;

6) "Chaimiun" means the Chairman Lf the BOMd;.

(7) “Committee” means any committee appointed under section
19 of this Act;



Harem Ila-Imus}?! 18, 1970 um 4 (as)N O:

(8) ”Government or State Government” means the Government
cf the State of Rajasthan;

(9) “Housing Commissioner" means the Housing Commissioner
vi the Board;

(10) “Homing Scheme” menus a housing scheme framed under this

Act. and. includes a. soliouefor the developnoiit oflnid rcq.;i;ed for the

purposes of the scheme.

(11) ”land” includes benefits to arise out of land, and things attached

to the earth or permanently fastened to anything attached to the earth;

(12) “local authority” includes a MunicipaliBoard established under
section 7 of the Rajasthan Municipalities Act, 1959 (Act 38 of 1959), a

Pancheyat established under section 3 of the Reinsthen Pancheyat Act,
1953 (Act 21 of 1953) or a Panchayat Saniiti or e Ziln Pni‘ishad respectively
constituted under sections 7 and 42 of the Rajasthan Pancheynt Semitic

and Zila. Pnrishads Act, 1959 (Act 37 of 1959);

Explanation—The expression “Municipal Board”, wherever used

in this Act, shall be deemed to include a. Muni-

cipnl Corporation, a Municipal Council or any other

Municipal authority;

(13) “master plan" means the master plan propirotl and approved
for any urban area in uccordnnvo with the provisions of Chapter ll of the

anesthan Urban [mprovement Act, 195$) (Act :35 ot' MED);

(14) ”member" means the Chairman and other members ol' the Board;

(15) ”notification” means a notification published in the Official

Gazette;

(16) ”premises” means any land or building or part oi~ a building and

includes,—

(i) the gardens, grounds and out-houses, if any, appertaining to

such building or part of a building, and

(ii) any fittings affixed to such building or part of a building
for the more beneficial enjoyment thereof;

(17) “prescribed” means prescribed by rules;

(18) "progrniiiiiici” menus the annual housing programme prepared
by the Board under this Act;

A
(19) “regulations” means regulations made under section 53 of this

ct;

(20) “rules" 1220:1115: ru‘m made under section 52 of this Act;

(21) “secretary” means the Scorch»; of the Board;

.2



m 4 (s) mama was, site 18. 1970 27
fl

(22) ”Trust” means an Irrproverrent Trust established under section

8 of the Rajasthan Urban Improvement Act, 1959 (Act 35 of 1959);

(23) “year” means the year commencing on the lat day of April and

ending on the 31st day of March

3. All words and expressions used but not defined in this Act

shall have the same meanings as are assigned to them by the Re-jasth‘an
Urban Im proverr ent Act, 1959 (Act 35 of 1959) or the Rajasthnn Municipa-
lities Act, 1969 (Act 38 of 1959) as may be relevant in the context.

CHAPTER II

Establishment of the Board.

4. Establishment of the Board—(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”,herein-
after called the ‘Board’, with effect from such date as may be specified
in the notification.

(2) The Board shall be a body corporate having perpetual suc-

cession and a common seal with power to acquire, hold and dispose of

property both movable 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) For the purposes of this Act and the Raiasthan Land

Acquisition Act, 1953 (Rejesthan Act 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 ofthis Act.

5. Constitution of the Board—(l) The Board shall consist of a Chair-

man appointed by the State Goverrmxont and of the following other

members, namely ;.__ I
_

(a) Financial Commissioner, Government of Rajasthan, ex-Offioio

member;

(b) Secretary to Government, Town Planning Department, ex-Officio

member;

(0) Chief Town Planner and Architectural Adviser, ex-Ofi'icio member;

((1) Housing Commissioner of the Board, ex-Officio member; and

(a) six no i-official mrmbers, appointed by the G0vcrnrnent. of whom

one shall belong to the Schedule Csstcs or Scheduled Trikes.



as W mm, m 19, 1970 m 4%)
*—

(2) The names of the Chairman and other members appointed
under sub-section (1) shall be published in the Official Gazette.

(3) A‘ non-official member of the Board way at any time resign
his office by submitting his resignation to the State Government:

Previded that the resignation shall not take effect until it is accepted
by the Government.

(4) The State Government may, by notification in the Official

Gazette, remove from office the Clinirn'nn or any other number who—

(a) is, or has become, subject to any of the» disqualification men-

tioned in section '7, or
'

I

(b) in the opinion of the State Government. has been guilty of any
misconduct or neglect or in: m flamenlly abused his position
as to render his continunnm- m; nmrlmr detrimental to the

interests thereof or of the warlord pisliliu:

Provided that no person shall be removed from offiCe unless he has

been given an opportunity to show cause :i'minsl his removal.

6. Term. of office of ”70 Chairman my} "/mn- fffrinl mr'mber.———(ll The

Chaimen and the. non-oi‘l‘lolul n'mnlww r l‘ llm Pt'wrirrl shrill hold oil‘hvv for

a period of three years from the (lute of their oi'q‘minhizont [LS Choirnmn,
or eathe case may be, other D’KC‘ILleJ r»:

Provided that the form of ofFiw- r'l‘ ll r' (‘luimnsm :iml the noitofl'iciel

members may be extended by iho CC“C‘!"IE not for :1. period not exr-eeding
two years.

(2) The Chairman and the nonmilh-inl n-on'hnrs shall on expiry
of the term of their office be eligible for re-amiointn enl.

7. Disqualifications for nmohflwmvi on {he Board—(ll A person
shall be disqualified for being appointed or for ronlirnincr as the Chairman

or member of the Board; if ill)—

(4) has 'been convicted by n ('rin'innl eowi- for an offence involving
moral turpitudo, unless surh mnvir-tion him l'mcn set aside;

((9) is an undischarged insolven':

(c) is of unsound mind;

(d) is an officer or servant nnrlvr tlm Ronni;

(e) has directly or inrlirorilfih in: him yrll‘ or by :my partner, employer
or employee, any sharp m‘ “xii-n - l in. F!l_\' eonl’rect or employment
with, by or on behalf of, the Board" or

(f) is a director or a secretary, nmnncer r'rr other salaried officer
of any incorporated company which has any share or interest
in any contract or employment with, by or on behalf of the Board.

4



«m 40:)
‘

tmmnz-qa, m 18, 1970 29

——-—-———-—————-——

(2) A person shall not, however, be disqualified under clause (e)
or clause (f) of sub-section (1) or he decried to heive any share or interest.

in any contract or omnlognoni within the n caning of those clause-s, by
reason only of his. or the incnr'pnrnrml (‘mrmny of which he is a director,
secretary, manager or other solaricwl oll'icvr, having a share or interest. in;

(i) any sale, purchase, lease or oxchange of im‘noveble property
or any agreement for the some;

(ii) any agreement for tho loam of money or any securiuy for the

payment of money only;

(iii) any newspaper in which any advertisement relating to the

affairs of the Board is inserted: ,

(iv) the occasional solo to tho Board up to n value not exoeedingtwo
thousand rupees in any one war. of nny article in which he or

the incorporated (‘0 u puny regularly trades.

(3) A person shall not also he disqualified under clause (a) or .

clause (f) of SlrllJ‘FOCllOli (l) W lar‘ rlrm" ml in lmVn {my share or interest in

any inci‘rporated compmy MM] lure any Rllill'v" or iniorust in any contract

or employment wilh by m on lu-l. If ‘. llm Board. lay reason only of his

bomg a filmru-lmltlcr M!" will. rungpwnjgz

Provitlorl that such pun-mu li-t(-l0:~'os m the Covr—r_.ment the nature

and extent. of the 913mm lmhl ‘w‘ lrlm,1

Enplunalion.—-l7or l‘hn purprv'tns: oi nlnwtr‘c Ml m" rul)-snction (I), the

Clmir ,.:].r‘. 5T ~ v" r!” vi a‘sB’onN- shall not be

(lamuwl 1.,» lw mu ul‘f‘u-m- or acrvmnt, under the Board.

8. Rmmmv'm‘ionInHm (Vun'rnmn (1an mvonlwxm—(ll The Chairman

shall be paid such rm: ‘mm‘nlinn will nllmvaziinsw 03 may, from time to

time, be fixed by llio GOVH‘H , Nil.

(2) Every momlmr 9Y1 ill. l‘(‘(‘I"l\’I‘ wwh nllnw'mcos‘ as; may be fixed

by the Gowrmwnit u

(3) The Allowmicns: m l! " l.""l“"|'1’- null Um rflmuneretionto the

Chainnnn shall he pail from. (in fur! i the Board.

9. Learn of ribs/272m; for (M Chair-om” mm? fljwminf'mfl‘nl of an acting
Chairman—mil) 'llm Comrnm (“‘ll, l“IL'.'. rmm lin-n in Hn‘n. grant to the

Chairman Such lunvn rm v. lm ml :J'N-"lJ-N umlm‘ llm rules.

(2) “'lmnnvoi‘ tho”- it ‘1 *Nrpmxzi": Mmm'v in ihe oi‘ioe of the

Chnix‘mnm (in: (lnvm’mwmat infiv n;~,r:= m n pun-on in not as Chairman

during: tho pMiml of surh vn mu'v :iwl an our to such person such re-

munomlinn :1.an lillnwunmssi n‘ |'~‘.‘.V liu~":\::-.l lay them. The person so

appohtr-rldmll ho (leave/i l'u!‘ qll pivyvnvs or this Act to he the

Chulrmuu.



so 11qu rte-Ira m,- 18, 1970 m 4 (a)

10. Vacancy of a member.—If a member -.

((1) becomes subject to any of the disqualifications mentioned in
section 7,

(b) tenders his resignation in writing to the Government and the

same is accepted, or

(c) ir absent without the permission of the Board from three con~

secutive meetings of the Board,

he shall cease to be a member, from such date as the Government may declare.
I

ll. Vacancy to be filled as early as practicable—Any vacancy of the

Chairman or a member of the Board shall be filled in as early as practicable
and the term of such appointn ent 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 had occurred.

12. Proceedings presumed to be good and valid—No disqualification
of or defect in the appointment of any person acting as Chairman or a

member of the 'Board shall be deemed to vitiate any act or proceeding of

the Board. if ouch act or proceeding is otherwise in accordance with the

provisions of this Act.

13. Temporary absence of membrane—If any member of the Board

other than the Chairman is by inf innity 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.

14. Appointment of officers and servants and creation of posts—(1)
The ‘Roard shall have a Housing Commissioner, an Architect, a Secretary, 3.

Chief Accounts Officer and such other officers and servants as the Board

may consider necessary for the efficient performance of its functions.

(2) The appointments of the Housing Cormuissioner, Secretary
and Chief Accounts Officer «hell he made by the Board. subject to the

previous apnrnval of the Stern Covornn‘ent and the appointu-ents of other

officers and servants of the Board shall be made by the Board:

Ptofided that the Board shnll not appoint any officer in the scale of

pay the maximum of which e‘x’r‘mds one thousand and two hundred rupees
a month, without obtaining the previous sanction of the State Government.

an The Board shall have power to create any post on its catch.

Eminent: .

6,



m 4 (s) mumps-era, min 18, 1970 31
._,,__._.___._ W—w. ..-._ ,_.

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.

15. Conditions of service of officers and servants—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.

16. Provident Fund—(1) The State GOVernment shall establish a

rovident fund for the Housing Commissioner, Secretary, Chief Accounts

fficer and other officers and servants of the Board and such provident
fund shall be deemed to be a. Governuent Provident Fund for the p

of the Provident Funds Act, 1925 (Control Act XIX. of 1925), notwith-

standing 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) 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.

17. Preparation, and maintenance of schedule of establishment—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—

(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 Ari»;

(it) the amount and nature of the salary, fees and allowancesto be

paid by the Board to each such officer or servant; and

(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 servlant.

18. General disqwlifieation of all officers and servants.—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 employth
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.

19. Appointment of Committees.—(l) Subject to any rules made in

this behalf, the Board may from time to time appoint one or more Commit-
tees 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,



4

32 mam-we, wire 18, 1970 m use)"

(2) Any Committee appointed under sub-section (1) shall xneet‘

to discharge the functions assigned to it in such manner (LS may be directed

by the Board.

Conduct of Business.

20. Meetings of (he I]annl.—«'i'lm llvxud shall meet Ltlld shell from

time to time make such LLILKUL; mou‘m‘ wnli we met; to tln: LL: time notice
. ‘

V

[
-

y,
‘I

I D

manaaement and ed Uul'llmuill m Hz) ”wounds no it thinks iit Slllu'ct‘t
5

~ .

.3 ‘ J

to the lollowinggr pi‘m‘i~ns;i;, inL.nolf{ :—

(a) an ordinary Loot-inf: n1. hr: It ld “3104: in every two months;

I) the Chairman. may, who; Wm i. * .{Jiiinlqs lit, tell ;~ \ecinl n‘ioetinfin;
‘ C

(0) every meeting ‘lldll be visuallw‘i yrs-,1: by Liz-3 C‘mimnan and

in his absence, by may ino;:_':;ir l-Iumrn by Lire unmting to preside
for the eecasrcn;

oi majority of
'

‘_. the person
I vote: and

the) ‘zLCmbdr‘. 'Lal'uvt-IHL (1:, .

presiding shall have inn. --,v

(e) the minute; or Um. lfi'iflJiflnllIiéS in" ouch 1i.(_:(:‘!u1g {shall he recorded

in a. book to be provided l‘or the furpcme.

21. Temporary Amour-inn '2‘ of pwwmis with. fotl‘d Jor particular pur-

pose—(1) rl‘he Board ney useoeiate with itself, any person Whose

assistance or advice it may desire mr (trilll‘jlflg int/.1 el‘l'cct any of the pro.-
visions of this At:

Provided that the number of [)OLSOuS no resonated shall not be more

than three.

(2) A person assooieted With the Board under sub—suction (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) The State Government may, by order, depnto its representw
tives to attend any meeting of the Board illhl to {elm part in t. m delibe.

rations of the Board, 011' such itmziq or unhjorLs as the Suite Government

may specify, but such represcn mm mm not have the right to vote.

22. Power to «make Cozwracts.--~’Irhe Board may enter into and per-
form all such contracts in it may consider necessary or expedient for

carrying out any of the pul'pOsus 01' this Al.

23. Execution of contract.—(1) Every contract shall be made on

behalf of the Board by the Chairman;

Provided that:—

(a) no contract involving an expenditure of rupees ten lacs and more

shall be made Without the previous sanction of the State Govern-

ment; and

BI;



mu 4 (1:) mm Irma, win 19., 1970 33

(b) no contract involving an expenditure of five thousand rupeea
and more shall, subject to clause (II) aboVe, be made Without

the previous sanction of the Board.

(2) Sub-section (1) shall apply to every variation or abandonment

of a contract or estimate as well as to an original contth or estimate.

:24_ Delegation of Board’s power to sanction oontractm—Subject to any

rule which the State Go ci'iiii.ciit may make in this behalf, the Board

may by order direct that: the power conferred on it under section 23 to

sanction a. contract shall he oxezcised by the Housing Commissioner or

any 0th}! officer specified in; 1’.- in the order.

25. Further provisions (in to rizaculion of .«pptractsr—(l) Every Contract

by the Chairman on behalf oi the Board fiiillii. subject to the provisions
of this nection, be entered into iii such manner and form as may be preo
cribed.

(2) A contract not executed as provided in this section and the

rules made thereunder shall not be binding on the Board.

CHAPTER III

Housing Schemes.

26. Powers and duties of the Board to undertake Housing Bahama.—

(1) Subject to the provisions of this Act and subject to the con-

trol of the State Govcrnnusnt, the Board may, from time to time incur

expenditure and uiiderinlw works in any area in which this At‘t is in

force for the framing and execution oi‘ such homing Schemes as it may

consider necessary.

(2) The Housing Scht-nic may be of one of the following types,
or combination of any two or more of such types or of any special features

hereof, namely:—

(a) a homo iLCCOHllllOiilLiilUli scheme with special emphasis for the

Boheduled castes, scheduled tribes ..i.il oi Ler 0('OU‘JllliCuii_Y backward classes;

(b) a rebuilding scheme;

(c) a. rehousing or roliabilitution scheme;

(d) a city or town or village expansion scheme;

(2) 9. commerci Li or ca.:zm::cial tum-rigid 'lllial scheme;
an Uphin ROW‘W'LI .lcliJnic i.icludcing of Slum Cl) Malice or

81 lm Improement F‘clii-mi s;

(g) a Subsi 'isd lnait trial Hanging Scheme; ir

(h) any othe: schmu - with the apprOval of the State Government.

(3) The State Govornmcm why, on such terms and conditions as

it may think i' it to impose, entrust to the Board the framing and execution

of any housing scheme whether provided for by this Act or not,
and the Board shall thereupon undertake the framing and execution

of such scheme as if it had been provided for by this Act.



34‘ WWW rte-WEI, min lb’ 1970 m 4 (-III
mi

(4) The Bouid may, on such teIHIS and conditions as may he uIIreod
upon and with tho pmvious approval ol the State Government take over

for execution any housing sIIlInIIe on behall of a locIIl authoIity or co-

operative society or on behalf of no enployor when the houses are to he

built mainly for the residence of his employers, and the Board shall execute

such scheme as if it had been pl‘tn'itlml for by this Act»,

27. Ban 071 anII (‘o/zstI-‘uct/oizs or additions or nltrmt-imw in [lac pmposrn’.
scheme area—The Board shall. as soon as it frames and decides to execute

any scheme either at its own instance or at the instance of the State

Government or a local authority, the State GoVIII-nI-Izent may, at the re.

quest of the Board, publish a not 'Il'imtion in the Ofl‘iciul Gazette giving
particulars and specifications ol' the sclnIIIIe nnd declaring:r that thc Board

has decided to Dan:It: and execute the sclio IIIII I-IIrother with zI notice inviting

every person interested to see. the detailed plan“ and specifications ol the

scheme in the otiice oi the Bomd on any working day within one month

of the publication ol the notice, and upon such publication of sucl noti-

fication together with the notice as aforesaid, no person shall make any
new construction in the area covered by the scheme or make any additions

or alterations in any existingI structure in the schetIzc area without the.

written porIIIissien ol' the Board.

28 Illutlcm In [M [Iran'I/IIII for by Inn/sing XII/miner.—Not\\'itlISlzImliH:

nnyrhin? contained in any other law tor the time heinq in l‘oI-I’III,

a housing Scheno Iruy providi- for all or IIII} ol~ the t‘ollowine ll nth-Its,

namely:—

(u) the acquisition in: IIIIII‘iIIsv, I".\Lil!zlll§,;l‘ oI' Uilll‘l'\\’l.\'(‘ ot nny III‘II-

perty neressary tor or {lift-Clint lIy the execution ol the schenlo;

(b) the hymn or FG-laélllg out of any land (‘IIIIIpI‘isIId in the sulIoIIIe;

(C) the distributioII or rerlistrilmtion ol' site belonging to owners ol

pr Iperty UO‘IHPI‘lFOti in the schmnc;

(r1) the closure or demolition of dwellinusor portions: ol' dwellings
unfit. for human lInhilnlioII:

(e) the (lenxdition ol' olIstrIn-tive buildings or portions ot' lIIIil(liIIgH.

(f) the construction and reconstruction of buildings;

(9) the sale, letting or exchange of any property comprised in the

scheme;

(h) the construction and alteration of streets and back limes:

(i) the formation of a reconstituted plot by the alterations of the

boundaries of an original plo';

(j) the allotment of a plot. to any Inner dispossessed of his land in

l'urtherence of the housing chemo;

(k) the transfer of ownership of a plot from one person to another:

to



am 4 (an) new; m-aa, min 18, 1970 35

—____.______—_____—_——__—-—l

(l) the reconstitution of tv-o or n ore plots belonging to different

persons into one plot without changing their boundaries and

making them joint property with the consent of the owners of

the original plots;

(m) the provision of draining, water-supply and lighting of the

area included in the schcne;

(n) the provision of parks, playing-fields and open spaces for the

benefit of any area comprised in the schen e or any adjoining
areas, and the enlargencnt of existing parks, playing-fields, open

spaces and approaches;

(0) the reclamation or reservation of lands for markets, gardens,
playing—fields, schools, dispansaries, hospitals and other ameni~

tics in the scheme;

(1)) the letting out, managen ent and use, of the Board premises;

((1) the provision of sanitary arrangements required for the area

mnpiiscd in the schen e, including the conservation of, and

1.ro\'cn1 ion of any injury or contamination to reverse or other

sources and ncans of water-supply;

(7') the provision of accommodation for any class of inhabitants;

(s) the advance of money for the purpose of the scheme;

(I) the provision of facilities for conm unication and transport;

(21) the collection of such inform Mini and statistics as nay be

necessary for the purposes of this Act;

(27) any other matter for which, in the Opinion of the State Govern-

ment, it is expedient to make provision with a View to provide
housing accommodation and to the improvement. or development
of any area comprised in the solvent or any adjoining area or

the general efficiency of the scheme.

Explanation—Fortthe purposes of this srtlion. the State Govern-

rrent nzay, on the reconnendation of the Board, by notification in the

Official Gazette, specify such area surrounding of adjoining the area

included in a housing sehenle to be the adjoining area.

29. Sillmn'ssion of budget (0 L’om-(Ii—(l) The Chaim an shall, at a

special in eating to be held in the month of J, '. nary in each year, lay
before the Board, a budget of the Board, for the next year.

(2*) Every such budget shall be prepared in such form as may be

pnscribcd and shall make provision for;

(i) the heusing schemes which the Board proposes to execute Whether
in part or Whole during the 110:! your,

11



as nature tin-we, min 18, 1970 m 4 (e)
Mm ,.,

(ii) the due fulfilment of all the linbilities of tho Board, and

(iii) the efficient administration of this Act and shall contain

a statement showing the cstin atcd receipts,_ and expenditure
on capital and revenue accounts for the next year, and such

other particulars as may be prescribed.

30. Board’s sanction to budget.—'l‘he Board shall consider the budget
laid before it under the last preceding section and sanction it With or

without modifications.

31. Submission of sanctioned budget to State Government for approval.—
(1) Every budget sanctioned by the Board under the lust preceding
section shall be subr: itted to the State Government for approval.
Within two nonths of the receipt of the budget, the State Govern-

ment may approve the budget as sanctioned by the Board or return it tu

the Board for making such nudifirurions therein as the State

Government may demi. fit.

(2) Where a budget is returned to the Board by the State

Government for making: any iriodifivaiimie therein, the Board shall forth-

with make such xi odificniions (111d suhu it the budget as so modified to

the State Government, which may then approve it.

3‘3. Supplenmztmy f/IUIQEL—J] he Chair-nan may, at any time during
the yer

' for which a budget has been npprowd by the State GQVcrnnient,

lay before the Board at supph-n (-nlnry budget and the provisiom of

sections 28, 29, 30 and ‘31 :slnll apply to such supplementary budsret.

33. Publication and encmimz of Loafing schanee—After the budget
is approved by the State Government, the Board shall cause the housing
schemes, in respect of which provision is made, in the budget, to be publi—
shed in the Official Gan tie in sueh nnnner as may be prescribed and

proceed to execute the Sciences.

34. Vane/ion of howling scheme—The Boo rd may at any time very

any housing schemes or [my part thereof included in the budget approved
by the State Government:

m r"

Provided that no euch variation shall be 11 ade if it involves an expen-
diture in excess of l0 pvr i-cni. ofihe mnount {153 included in the budget
approved by the State GOVf‘l‘nl'z‘imlt for the execution of any housing
scheme or if it affects the scope or purpose of such scheme.

35. Tramfer to the Board for purposes of housing scheme of lrmd vested

in a local (12(17107‘17?/.-—-(l) Whenever any street, square or other lend, or

any part thereof, situated in any area. of a local authority and v sted in

a local authority is required for the purposes of any housing Schente

included in the budget approved by the State Government, the Board
shall give notice to the local authority concerned to transfer to it the

required street, square or other land, or any part thereof as the case

mav be.

(2) Where the lccal authority concurs, such street, square or

other land, or part thereof, shall vest in the Board.

12



m 4 (e) tic-mm ov-wa, wire 18. 1970 37
.1.—.m-

(3) Where there is any dispute, the matter shall be referred to

the State Government. The State Government shall, after hearing the

local authority concerned, decide the matter. The decision of the State

Government shall be final. If the State Government decides that such

street, square, land, or part thereof, shall vest in the Board, it shall vest

accordingly.

(4) The vesting of street, square, land or a part thereof under

sub-icction (2) or (3) of the section shall be notified in the Official Gazette.

(5) Nothing in this section shall affect the duties and obligations
of the local authority in respect of such street, square or land and the

local authority concemed shall be liable to render all the municipal services

usually provided by it in tholnml vested in the Board under this section

notwithstanding such vesting.

36, Power of Board to turn. or Close public street vested in it.—(l) The

Board may turn, divert, discontinue the public use of, or permanently
close, any public street or a part thereof vested in it.

(2) Vthneve1 the Fermi discontinue; the public use of, or per-
11‘. ancntly Ll<\e<.<1,any publi: street or any part thereof vested in it, it

shall as far as p11.<tior1bl( provblc 4011 e oi. er reasonable 11 cans of access

to be sul15til1n111l in lieu ml tin» use, by those entitled, of the street or part
thereof.

(3) When any public street vested in the Board is pennanently
closed under sub-section (l), the Board may sell or leusr so much of the

same as is no longer required.

37. Vest-i719 in loml author-fly of sires-(s laid out or altered and open

space provided by the Bonn] undrr homing scheme—(l) Whenever the

State Government is satisfied—-

(a) that any street laid out or altered by the Board has been duly
levelled, paved, 1:.elnllod, flagged, channelled, sewered and

dramed as required for any housing schemes approved by the

State Govcri'nncnt under section 31;

(b) that suohl .1». ps,la11.pposts and other apparatus as the local

authoritycor1cerncd considers necessary for the lighting of such

street and as ought to be provided by the Board have been so

provided; and

(c) that water and other sanitary conveniences have been duly
pI'OV'l(lf'(l in such 3:1 rent. it may declare the street to be a public
street, and the street shall thereupon vest in the local authority
concerned and shall thcncoforth be maintained kept in repair,
lighted and «Mental by the local authority concerned.

it

(_) When any open space f01
purposes of ventilation or recreation

has been provided by the Board in executing any housing scheme, the

Board may at its option by resolaiien transfer such open space to the

13



33 time mama, 867$ 13, 197g mu 4 (e)
W m

local authority concerned on con pletion of the schene and thereupon
such open space shall vest in, and he maintained at. the expense of the

local authority:

Provided that the local authority may require the Board before any

such open space is so transferred to enclose, level, turf, drain and lay-out
such space and provide foot-paths therein, and if necessary, to provide
lamps and other apparatus for lighting it.

(3) If any difference of opinion arises between the Board and
local authorities in respect. of any nmttor referred to in the foregomg
provisions of this section, the matter shall be referred to the State Govern-

ment whose decision thereon shall be final.

38. 0!]. er duties of (he Board—(I) lt shell he the duty of the Board

to take necessary measures to 11.nintain, allot, lease and otherwise use the

Board premises and to collect lents; compensation and dznuages in lespect-
thereof.

(2) The Board may,—

(i) provide technical advice to the State Govermuent and Si rutiuizn

projects under housing schemes in the area to which this Act

extends when required by the State Government to do so;

(ii) undertake research on various problems connected with housing
in general and find out in particular the economical methods

of constructing houses suited to local conditions;

(iii) undertake comprehensive surveys of problems of housing; and

(iv) do all things for——

(a) unification, sin‘iplification end standardisation of building
materials;

(1.) encouraging pro-fahriention and mess production of house

con ponents;

(4:) organising or undertaking the production of building mulc-

rizds for residential or non-residential homes; und

((1) securing a steady and sufficient supply of worlmit-n trninui

in the work of confirm-Hon of buildings.

3ft Power to (ZR'CMpI £171"?an from pmrisimm of ancliom 29 L) 3-|.—'l‘he

State Government may hy general or special order published in the

Official Gazette, exonpt any housing scheme undertaken by the Board

from all or any of the provisitms of scetions'lf) to 34 (both inclusive) sub-

ject to such conditions, if any, as it may impose or may direct that. any
such provision shall apply to such scheme with such modifications as may
he specified in the order.

14



run 4 (In) (trimmers-via, mic 18, :57.) 39

CHAPTER [V

Finance, Accounts and Audit.

40. Board’s Fund—(1) The Board shall have its own fund.

(2) The Board may accept grants. subuentions, donations and

gifts from the Central or State Govern/non; or a local authority or any
Individual or body, whethm‘ inem-poratcd or not for all or any of the

purposes of this Act.

(3) The State Government may every year make a grant to the

Board of a sum equivalent to the administrative expenses of [he BOard:

Provided that the amount of such grant may be reduced or

discontinued to the extent the financial position of the Board warrants.

(4) 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 interest, profits and other moneys

accruing to the Board shall constitute the fund of the Board.

(5) 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. Reserve Bank of
India or in any Nationalised Bank. or other scheduled Bank, invested
in such securities as may be approved. by the State Government.

(6) Such account shall be operated upon. by such officers as

may be authorised by the Board.

41. Appliealion of the Fund—All property, fund and all other assets

vesting in the Board shall be held and applied by it, subject to the pro
visions and for the purposes of this Act,

42. Expenditure in case of urgency—(l) Where in the (pinion of the

Board, circumstances oi extrema urgency have arisen, it shall be lawful
for the Board to make in any year;—

'
i

(a) recurring oxpomlituro not oxcceding twenty-five thousand

rupees,and

(h) non-mourring oxpomlil‘uro not oxccoiling (mo Inc of rupees.

(2) Whore any sum is expended under circumstances of extreme

urgency as provided in sub-section (1), a report thereofindicalting the
sourco from which it is proposcd to moot tho expenditure shall be made
by the Board as soon as practicable to the State Government.

43. Subventions and loans to the Board—(1) The State Government
may from time to timo make subvomlons to the Board for the purposes
of this Act on such terms and conditions as the State Government

may dotermine.

15



4'0 (rerun (Ni-‘13, one 18, 1970 mm 4 (o)

(2) The State Government may From time to time advance loans
to the Board on such forms and conditions not inconsistent with the pro—
visions of this Act as the State Government may determine.

44. Power nf Board to Borrow—(l) 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 hy the issue of debentures

and to make arreng-monifl with bankers or the Life Insurance Corporation
of India. .

l

(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 Chairman and one

other member of the Board.

(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.

45. Accounts and audit.-—(l) The Board shall cause to he maintained

proper books of accounts and such other books a: the rules may require
and shall prepare in accorduccc with the miles an annual statement of

accounts.

(2) The Housing Board accounts sheil_ from time to timo,once in every

year be audited by the Examiner of Local Fund Audit in accordance with

the provisions of the Itujesthan Local Fund Audit Act, 1954 (Ru-jasthan
Act 28 of 1954).

(3) As soon as the accounts of the Board have been audited, the

Board shall send a copy thereof together with a copy of the repoxt 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 auditor, think fit to issue.

46. Concurrent and 817me audit of accounts-«(1)’§Notwithstanding
anything contained in section 45, the State Government may order that

there shall be a 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 tran-

sactions or to a. particular period.

is



In: 4 (-1!) mm tin-III, Wis 18, 1970 41

(2) When 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 the

said person may require for the purpose of audit and remedy or cause to

be remedied the defects pointed out by such person, unless they are

condoned by the State Government,

CHAPTER V

Miscellaneous.

47. Reports—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.

(2) The State Government shall, as soon as may be, cause the

report submitted by the Board to be laid befmc the House ol'th’o

State Legislature
‘

48. Other statements and returm.—' ‘he Board shall also submit to tllr

State Government such statistics, returns, particulars, statements, do-

cuments 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 form and manner as may be prescribed or as the

State Government may from time to time direct.

4‘0. Power of entry—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—

(a) to make any inspection, survey, nit‘asurement, valuation or

inquiry;

(b) to take levels;

(a) to dig or bore into the sub-soil;

(a!) to set boundaries and intended lines of work;

(0.) to make such levels, boundaries and lines of works and cutting
trenches; or

(f) to do any other thing,

whenever it is necessary to do so for any of the purposes of this Act or

any rules 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 thcreol 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

17



42 Wm-wa,3r§ais,197o Wide)
i——-———_

him—u“

inmates of any apartment appropriated to females to remow

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.

50. Notice of suit against Board.—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 pur-

pertingto have been donein pursuance of this AcL, without glvxng
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.

51. Valuation of assets and liabilities of the Board—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 opvn to the State Government to direct

a valuation in be made at any time it may consider necessary.

52. Power to make rules.—(1) The State Government may, by noti-

fication 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
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;

(6) 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 gum

under section 44;

(g) the manner of preparation, maintenance and publication of
accounts under section 45;

18'



am 4 (as) "(mum tie-rimufie 18, 1970 43

(/I) the date before which, the form in which, the interval at which
and the matters on which reports shall he submitted undui

section 47;

(z) the time at which and the form and manner in Which statistics,
returns, particulars, statements/(locum.ents and papers shall be

subn itted under section 48:

(j) the manner in which the Board shall be superseded and re-

constituted under section 61; and

(k) any other matter which is or may be prescribed under this

Act.

(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 nakes any modification 1;,
any of such rules or resolves that any such rule should not be 11 ado, such
rule shall thereafter have effect only in such modified form or be of no

effect, as the case may, sn however that any such modification or annul-

ment shall be without prejudices tethe validity of anything previously
done thereunder.

53. Power to make regulatioma—(l) The Board nay, from time to

time, with the previous sanction of the State GOVI rnnent, niake regula-
tions 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 allotn out of tenements and
*7 ipreniises;

(c) the remuneration and conditions of service of the Housing
Commissioner and other officers and servarts of the Board under
section 16;

(d) for regulating its procedure and the disposal of its business.

(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 n utters specified in sub-section (1) or to amend

any regulation n ado under that sub—section, it nay call upon the Board
to make such regulation or anendnent within such tine as it may specify.
If the Board fails to nuke such regulation or aniendnent- within the the

specified, the State Covornn out n ay itself nuke such regulation or am-

endment and the regulation or the an endnent so nude shall be deemed
to have been inade by the Board under sub-section (1).

19



44 um oa-anfm 18, 12,70 mu 4 (as)

54. Power to make bye-laws.-—(1)’l‘he Board may make bye-laws,
not inconsistent with this Act which may be necessary or exptdicnt
for the purpose of carrying out its duties and functions under this Ac‘.

(2) A bye-law made under this section may provide that a

contravention thereof shall be an offence.

(3) A bye-law made under this section may provide for any matte-r

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 00 of the Rajasthan Municipalites Act, 1959, shall cease

to have effect as reapects the matters covered by the bye-law made

under this section, in the area where such bye-law shall apply.

(4) No bye-law nzade by the Board shall come into force until it

has been confirmed by the Sate Government with or without modification.

(5) All bye-laws made under this section shall be published in the
Official Gazette.

55. Penalty for contravention of bye-[awa—Whoever contravene»

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.

66. Penalty for obstructing—If any person—-

(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

(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.

57. Authority for prosecution—Unless otherwise expressly provided,
no Court shall take cognisance of any offence punishable under this AcI

except on the complaint of, or upon information received from,
the Board or some pcisonauthorised by the Board by a general or special
order in this behalf.

58. Members, officers and servants of the Board to be public servants.—

All members, officers 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).

'59. Protection of action taken under this Act—No suit, prose-
cution 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.

20



m 4 (a) nee-1m Ira-«1a. trim 18, 1970 as

60. Government’s power to give directiona to fho Board—The State
Government may give the Board such directions as in its opinion are

.wemry-or expedient for carrying ellt the purposes of this Act,
and it. shall be, the duty of the Board to comply with such directions.

61. Default in perfomnnee of duty.—(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) If in the opinion of the State Government the Board faiis or

neglects to perform such duty within the period so fixed for its perfor-
mance, it shall be lawful for the State Government notwithstanding any-

thing conteined in section 6, to supersede and reconstitute the Board in

the prescribed manner.

(3) After the superseesion 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.

62. Dissolution of the Board—(1) The State Government may, b

notification in the Official Gazette, declare that with effect from such
date as may be specified in the notification, the Board shall b: diesolved.

(2) With effect fro n the date specified in the notification under

on b-Bection'fl )—

(a) all preperties, funds and dues which are vested in or realizable

by the Board shall vest in and be realizable by the State

Govorummt,

(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) Nothing in this section shall effect the liability of the State

Government in reapoct of loans or debenturee guaranteed under sub—sec

tion (5) of section 44.

63. Repeat and Saving3.—-(l) The Rajesthen Housing Board Ordinaneeg
1970 (Rajasthan Ordinance 3 of 1970) is hereby repealed.

(2) Notwithrtending 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 nu ler the said Ordinance, shall be
deemed to have been done or taken in the exercise of the powers conferred

by or under this Act.

grri 5W1 sir-mi,
Secretary tothe Gwernmem

Government Central Press, Jaipur