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Section 31

The National Capital Region Paining Board Ordinance 1984.Ordinance · 1984

(1) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Ordinance.

Officers and employees the Board,

(2) The terms and conditions of the officers and employees of the Board shall be such as may be determined by regulations.

32. The Board may, by notification in the Official Gazette, direct that any function or power (other than the power to approve the Regional Plan and to make regulations), or duty which the Board may perform, exercise or discharge under this Ordinance shall subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by such person or persons as may be specified in the notification and where any such delegation of power is made the person or persons to whom such power is delegated shal1 perform, exercise or discharge those powers in the same manner and to the same extent as if they were conferred on him or them directly by this Ordinance and not by way of delegation.

Power to delegate.

33. Subject to any rules made in this behalf, any person generally or specially authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigation, preliminary or incidental to the exercise of any power or performance of any function bv the Board under this Ordinance: i Power of entry.

Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling house without previously giving such occupier at least three days' notice in writing of his intention to do so.

34. The Member-Secretary, officers and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, to be public servants within the meaning of section 21 of the Indian Penal Code.

Member- Secretary, officers and other omployces of the Board to be public servants.

45 of I860.

i a THE GAZETTE OF TNDTA EXTRAORDINARY [PART II—

35. No suit, prosecution or other legal proceeding shall lie against the Board or any member or any officer or any other employee of the Board including any other person authorised by the Board to exercise any power or to discharge any function under this Ordinance, or for anything which is in good faith done or intended to be done under this Ordinance.

Protection of action taken in good feith.

36f. {1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Ordinance.

Power to mak« rules,

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the composition and number of members of the Board and of the Committee, as required by sub-section (3) of section 3 and sub-section (2) of section 4, respectively, to be prescribed;

(b) the terms and conditions of the office of the members as required by sub-section <J4) of section 3, to be prescribed;

(c) the form and manner in which notice under sub-section

(1) of section 12 and sub-section (2) of section 14 shall be published;

(d) the manner in which, notice under sub-section (I) of section 13 shall be published;

(e) the form in which and the time when the Board shall prepare its budget under section 23 and its annual report under section 24 and the manner in which the accounts of the Board shall be maintained and audited under section 25;

(f) the conditions and restrictions with respect to the exercise of the power to enter under section 33 and other matters relating thereto; and

(g) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

37. (I) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Ordinance and the rules made thereunder to carry to out the provisions of this Ordinance.

Power to make rcjulations.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: —

(a) the manner in which and the purposes for which tha Board may associate with itself any person under section 11;

(b) the terms and conditions of service of the officers and employees of the Board under sub-section (2) of section 31; and

(c) any other matter in respect of which provision is to be or may be made by regulations, SEC. 2] THE GAZETTE OF INDIA EXTRAOBDINARY r3

38. Every rule and every regulation made under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Rtiles and regulation* to be Irid before Parliament.

Where this provision sits

ActThe National Capital Region Paining Board Ordinance 1984.
Section31
StatusIn force as published by the source

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