(1) lf the Government is satisfied that the Board has delaulted in performing duty on it by or under this Act, it may lix a period lor performance ot that duty.
(2) lf 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 ol the Board and until it is re-constituted, the powers, duties and lunctions of the Board shall be carried out by the Government or by such officer or Olficers it may appoint for this purpose.
74, The Board may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power lo make regulalions, may also be exercised by the Chairman.
75, (1) The State Governmenl may, by notilication and subject to the condition of previous publicalion, make rules for carrying out the purposes of this Act.
Delegation ol Power.
Delault in performance of duties and supersession.
Power to make rules.
226
(2) ln particular and without preludice to the generality of the foregoing powe( such rules may be made for all or any ol the following purposes, namely :-
(a) the honorarium, allowances and conditions of service of members under section 5 ;
(b) the manner and lorm in which contracts shall be enlered into under seclion 15 ;
(c) the lorms ofannualhousing schemes, budget and schedule of staff and olficers and other particulars to be contained in the scheme under section 21 and 22 ;
(d) lhe manner ol publication ol housing schemes included in the Budget ;
(e) the procedure lo be lollowed in taking possession of any Board premises ;
(f) the conditions subject to which the Board may borrow any sum under section 58 ;
(g) the rate of interest under section 42 ;
(h) the manner in which damages under section 50 may be assessed ;
(i) the manner in which appeals may be prefened under section 53 and the procedure to be followed in such appeals ;
0 the manner of preparation, mainlenance and publication ol accounts under section 61 ;
(k) submission ol reports, returns, etc. under section 64 and 65;
(l) the time at which and the form and manner in which statistics, returns, particulars and statement shall be submitted under section 65;
(m) the manner in which the Board shall be superseded and reconstituted under section 73;
(n) specifying the byelaws contravention ol any of which shall be an offence ; and
(o) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of state Legislature while it is in session for a total period ol ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or lhe successive sessions aloresaid, the House agrees in making any modification in lhe rule or the House agrees that the rule should not be made, the rule shall thereafter have eftect only in such modified form or be of no effecl, as lhe case may be; so however, that any such modilication or annulment shall be without prejudice to the validity of anything previously done under that rule.
76. The Board may, from time to time wilh the previous sanclion ofthe State Government by notification, make regulations consislent with this Acl and with any rules made thereunder, -
(a) for the management, allotment, use ol buildings, lenements, hutmenb and premises conslructed under any housing scheme;
(b) the principles to be lollowed in allotrnent of tenement and premises; and
(c) for regulating its procedure and the disposal ol its business.
(d) tor the remuneration and conditions of services of the officers and employees appointed by the Board.
(e) for delegation ot financial power to the Chairman and Housing Secretary and other Officers.
z. (1) The Board may make bye-laws, not inconsistent with thisAct and the Rules and Regulations made thereunder, which may be necessary or expedient for the purpose of carrying out its duties and functions.
(2) No byelaws made by the Board shall come into force until it has been confirmed by the State Government wilh or without modification.
Power to make Regulations.
Power to make byelaws.
Penalty for contravenlion of bye-laws.
Penalty for obstructing etc.
Authority for prosecution.
Registration 81 of documents executed on behalf of the Board.
228
(3) All byelaws made under this section shall be published in the Olficial Gazette.
(4) A byelaw made under this section may provrde that a contravention thereol shall be an oflence.
78. Whosoever conlravenes a bye-law made under section Z7 the contravention of which is prescribed as an offence shall, on conviction by competent court not below the rank of first class Judicial l\.4agistrate, be punished with imprisonment lor a term which may' exlend to one month or with fine which may extend up to rupees five thousand or with both.
79. lt any person-
(a) obstructs any person with whom the Board has entered into a contract, in the performance or execution by such person ol his dutyorof anything which he is empowered or required to do under lhis Act ; or 80
(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/ she shall, on conviction by competent court not below the rank of first class Judicial Magistrate, be punished with imprisonment lor a term which may extend to one month or with fine which may extend up to rupees five thousand or with both.
Unless otherwise provided, no court shall take cognizance of any olfence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by generalor specialorderon this behalf.
(1 ) Notwithstanding anything contained in the Indian Flegistration Act, '1908 (Central Act XVI of 1908), it shall not be necessary for the Chairman to appear in person or by agent at any registration oflice in any proceeding connected with registration of any instrument executed by him in his official capacity on behalt ol the Board or to sign as provided in section 58 of that Act.
229
(2) (a) Where any instrument is so executed, the regrstration olficer to whom such instrument is presented lor registration may, il he thinks fit, refer to the Chairman for information respecting the same, and on being satisfied ol lhe execution thereol, shall register the instrument.
(b All liabilities enlorceable against the Board shall be enforceable against the State Government.
82. No suit, prosecution or legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.