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Section 5

The West Bengal Housing Board Act, 1972State Act of West Bengal · Act 32 of 1972

(1) The Board shall consist of a Chairman who shall be the Minister- Members of in-charge of the Housing Department of the S tate Government and a Vice- andlird their Chairman to be appointed by the State Government and the following resignation other members, that is to say,— or removal.

(a) (i) Commissioner, Town and Country Planning Department, exofficio,

(ii) Commissioner, Finance Department, ex-officio,

(iii) Secretary, Housing Department, ex-officio,

(iv) Housing Commissioner, ex-officio; and

(b) five other persons appointed by the State Government:

Provided that the State Government may appoint a whole-time Government servant ,to act as the Vice-Chairman of the Board in addition to his own duties.

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

(3) A member of the Boad may at any time resign his office by writing under his hand addressed to the State Government:

Provided that the resignation shall not take effect until it is accepted.

(4) The State Government may, by notification in the Official Gazette, remove from office the Vice-Chairman or any other member who—

(a) is, or has become, subject to any of the disqualifications mentioned in section 6; or

(b) in the opinion of the State Government, has been guilty of any misconduct or neglect or has so abused his position as to render his continuance as member detrimental to the interests of the Board or of the general public or is otherwise unfit to continue as member:

173 Disqualification for appointment as a member of the Board.

Term of office and conditions of service of Vice- Chairman and other members.

The West Bengal Housing Board Act, 1972.

[West Ben. Act (Chapter IL—Establishment of the Board.—Sections 6, 7.)

Provided that no person shall be so removed from office unless he has been given an opportunity to show cause against such removal.

6. A person shall be disqualified for being appointed for continuing as the Vice-Chairman or a member of the Board, if he—

(a) is of unsound mind,

(b) is an uncertificated bankrupt or an undischarged insolvent,

(c) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment, as the case may be, with, by or on behalf of, the Board, or

(d) is a Director, Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment, as the case may be, with, by or on behalf of, the Board, or

(e) has been or is convicted of any offence involving moral • turpitude:

Provided that a person shall not be disqualified under clause (c) or clause (d) or be deemed to have any share or interest in any incorporated company which has any share or interest in any contract or employment, as the case may be, with, by or on behalf of, the Board, by reason only of his being a shareholder of such company if such person discloses to the State Government the nature and extent of the shares held by him.

7. (/)The Vice-Chairman and every other member not being an ex-officio member shall hold office for a period of three years from the date of his appointment as Vice-Chairman or, as the case may be, other member:

Provided that the State Government may extend the said period by a further period not exceeding one year:

Provided further that after the expiry of the period of his appointment a person shall, unless disqualified, be eligible for re-appointment as Vice- Chairman or other member.

(2) Every member shall receive such allowances as may be prescribed.

(3) The Vice-Chairman may hold office in an honorary capacity or on payment of remuneration. Such remuneration and all other terms and conditions of service shall be such as may be prescribed.

(4) The allowances to the members and the remuneration, if any, to the Vice-Chairman shall be paid from the fund of the Board.

174 The West Bengal Housing Board Act, 1972.

XXXII of 1972.]

(Chapter 11.—Establishment of the Board.—Sections 8-13 .)

8. If a member,—

(a) tenders his resignation in writing to the State Government, or

(b) is absent without the permission of the Board from all the meetings of the Board for a period of three successive months, he shall cease to be a member.

9. Any vacancy of a member shall be filled as early as practicable: Filling of vacancies.

Provided that during any such vacancy the other members may act, as if no vacancy had occurred.

10. No disqualification or defect in the appointment of any person acting as Vice-Chairman or other member shall be deemed to violate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.

11. If any member including the Vice-Chairman is by infirmity 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.

Where this provision sits

ActThe West Bengal Housing Board Act, 1972
Section5
JurisdictionState of West Bengal
StatusIn force as published by the source

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