(1) The Board may associate with itself, any person whose assistance or advice it may deem fit for carrying into effect any. of theproyisirms of this Act. " - ' . • - •
(2) A personasso^iated with the Board.under s'ub-seotion (1) for any pur pose shall have the right to take part in the meetings of the Board relevant to that purpose; but shall not have the right to vote.
(3) The Administrator may, by order, depute its representatives to attend any meeting of the Board, on such items or subjects as the '[Administrator] may specify, but such representatives shall not have the right to vpte.
17. Power to make contracts- - 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 any of the purposes of this Act.
MIS. Execution of contracts. - (1) Every contract shall be made in the name of the Board by z[the Chief Executive Officer] or such other officer of the Board as may bo authorised by i t ;
Provided that no contract involving an expenditure of twenty lakhs rupees or more shall be made without the previous sanction of the '[Administrator].}
(2) Sub-section ( I ) shall apply to every variation or abandonment of a con tract or estimate as well as to an original contract or estimate.
(3) Every contract '[for and] on behalf of the Board shall, subject to the provisions of this section, be entered into, in such manner and form, as may be prescribed. . . . . , . . ... - , (4j Acon t rac tno t made or executed as provided in this section and the rules made thereunder shall not be binding on the Board.
C O M M E N T A R Y A p p o i n t m e n t of C h a i r m a n - Where the appointment of the Chairman was for three years as mentioned in the notification under S. 3 of the A c t Subse quently the notification was withdrawn. It was held that the Chairman was work ing properly without suffering any disability during his tenure as such was entitled to complete the full tenure and an order to withdraw the notification was quashed - S.S. Virdi v. Chandigarh Administration and others. 1991 (1) Rev. L.R. 25 ' [19. (Omitted) C H A T T E R I I I H O U S I N G S C H E M E 20, Duty of Board to undertake Housing Schemes. - Subject to the pro visions of this Act and subject to the cont rofor the '[Administrator], the Board may incur expenditure and undertake works in any area for the framing and ex ecution of such housing schemes as may consider necessary from time to time or as may be entrusted to it by the *[AdministratorJ- 2 1 . Matters to be provided for by Housing Scheme. - Notwithstanding any thing contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, n&mely ;-
(a) acquisi t ion by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;
(b) acquisition by purchase, exchange o r otherwise of any land, division of the same into plots and the sale thereof after developing itor otherwise * Subs, by Chd. Admn. Gaz. Moiification dated 13-3-1975 at page 34-35
1. Substituted by Hr. Aoi No. 9 of 1973
2. Subs, by Hr. Act27on980asoxlcnJ«lnjClnl. videChd, Admn. Gas, (extra) dt, 2-4-1991
3. Section 19wflsomilted by Hr. Act No. B of 1973 published or 23-4-1973 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 495 4 to co-operative societies or other persons, in accordance with the scheme;
c) laying or re-laying out of any land comprised in the scheme ;
d> distribution or rc-distribution of sites belonging to owners of property comprised iti the scheme;
(c) the closure or demolition of dwel lings or portions of dwellings unit for human habitation;
(f) demolition of obstructive buildings or portions of buildings;
(g) the construction and re-construction of buildings, their maintenance and preservation ;
(h) sale, letting or exchange of any properly comprised in the scheme
(i) construction sind alteration ofs t reetsand back Janes ;
(j) drainage, water-supply and lighting of the area included in the schemes;
(k) parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the enlargement of existing parks, playing fields, open spaces and approaches;
(1) sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply ;
(m) accommodation For any class of inhabitants, industries, institutions, offices, local authorities, Co-operatives or Corporate bodies;
(n) advance of money for purpose of the scheme;
(o) facilities for communication and transport;
(p) collection of such information and statistics as may be necessary for the purpose of this A c t ; and
(q) any other matter for which, in the opinion of the ' [Administrator], it is exped ien t to m a k e provis ion with a v iew to p rov ide hous ing accommodation and, or, to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme.
Explanation. - For the purposes of this section the '[Administrator] may, on the recommendation of the Board, by notification, specify area surrounding or adjoining the area included in a housing scheme to be the adj o i n i ng area.
2 2 . No homing scheme f(> be made fQr area included in improvement scheme or be inconsistent with town planning scheme. - ( I ) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the ' [Administrator] under the Punjab Town Improvement Act, 1922, or any other enactment for the time being in force, nor any housing scheme made under this Act shall contain any thing which is inconsistent with any of the matter included in a town planning scheme sanctioned by the '[Administra tor], under ' [ the Haryana Municipal Act, 1973] ; or any other enactment for the dme being in force.
(2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any en actment referred,to in sub-section ( I ) or contains anything inconsistent with any matter included in a town planning scheme sanctioned under the '[Haryana Mu- * Subs, by Cll4Admii. Gaz. Notification dated 13-3-1975 oi page 34-33
1. Substituted b y Hr. Act 27 o f 1980 as extended! to Chd.
49G Haryana Mousing Board Act, 1971 (as extended to Chandigarh) nicipal Act, 1973] or any other enactment For the time being in force, the same shall be referred to the '[Administrator] whose decision shall bE final.
.23. Preparation and submission of annual housing programme, budget and establishment schedule.—(I) Before (he first day of December in each year the Board ^sha'Il prepare and forward to the '[Administrator] in such form as may by. prescribed- ••'"' ' •'".• (i) a. program me ! •£:'.:'•'•' . '•' 00'*' budget for the next year ; and • .-• •^ . :( i i j ) a schedule of Che staff of officers and servants already employed and '.' 'to be employed during the next year,
(2) The programme shall contain, —
(i) such particulars of housing schemes which die Board proposes to execute whether in part or whole during tlie next year as may be prescribed;
•:\..- (iij the particulars ofany undertaking which the Doard propose to organise orexecute during the next year for the purpose of production orbuildiiig ' materials; and (Mi) such other particulars as may be prescribed.
(3) The budget shall contain a statement showing the estimated receipts and expenditure dn-capita! and revenue accounts for the next year.
Z4. Sanction to'programme, budget and establishment .schedule. - The .^.[Administrator] may^sanction thbprogramme, budget and the schedule of the 1 . stapfrdf officers and servants forwarded to it with such modification as it deems "fit;- '••'•'->•. v ^ r s ? ; ^ • . - ; • = . : •v':;; v - > . : x .... . .
25. 'Publicatio^t''-oy\Sffne^ioMd-prp^rtifttme, - The '[Administrator] shall publish the programme san.ctiohed.by it under seotion 24 in the '[Chandigarh Ga- ..,. sette.l " "•:'-.;,26. Supplementary programme and budget, - The Board may, at any time, duririg^he year, in respect of which a programme has been sanctioned under section 24 submit a supplementary programme and budget and the additional sched ule of the staff, if any, to the '[Administrator] and the proves ions of sections 24 and 25 shall apply to such supplementary programme.
, ,. , 27. Variation of programme by Board after it has been sanctioned. - The Bd'ard rhay,:at any time, vary any programme or any part thereoFsanctioned by the'[Administrator] ;..
Provided that no such variation shall be made if it involves anexpenditure in excess often per centum of the amount as originally sanctioned for the execution ofany housing scheme included in such programme or affects its scope or pur pose.