I ....-Regd.No.RJ.2539.
RAJ.ASIHAN GAZETTE
Extraordinary
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LAW DEPARTiWENT (LEGISLATIVE WiNG) NOTIFiCATION
I aipur, April 7, 1984 lVO. F. 2(8) Vidhi/84.-In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to authorise the publication in the Rajasthan Gazette of the following translation in the English language of Rajasthan Avasan Board (Sanshodln Aur Vidhimanyekari ) Adhiniyam, 1984 (Adhiniyam Sankhy.. 4 San] 984):-
ENGLISH TRANSLATION
THE RAJASTHAN HOUSiNG BOARD (A~1ENDING
AND VALIDA.TING) ACT, 1984
~ .._\,,' (Act No.4 of 1984) [ReccIved the assent o] Ihe Governor on the 7th day of April, 1984 J.
An
Act
further to amend Ihe R ajast hun Housing Boord < 1ct, J 970 and to validate the constitution and actions of the Rajasthan Housing Board ...
Be it enacted by the Rajasthan State Legislature in the Thirty-fifth Year of Republic of India, as foHows:-
1. Short title and commencement=s-t 1) This Act may be cited as the Rajasthan Housing Board (Amending and Validating) Act, 1984.
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(2) It shall be deemed to have come into force on the 13th day of February, 1984.
Ji. Substitution of section 7, Rajasthan Act 4 of 1970.- For section 7 of the Rajasthan Housing Board Act, 1970 (Rajas- than Act 4 of 1970), hereinafter referred to as the principal Act, the following section shall be substituted, namely:-
:"7. Dis-qualification for appointment on the Board.- j Aperson shallbedis-qualifiedforbeing appointed orfor continuingastheChairmanormemberofthe" Board constituted under this Act, if he-
(a) is, or at any time has been, adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, unless such conviction has been set aside, or
(d) is, or at any time has been, convicted of an offence under this Act, unless such conviction has been set aside, or
(e) is an officer or servant of the Board, or
(f) has directly or indirectly by himself or by any partner, employer or employee, any share or interest in any contract or emplsyment with, by or on behalf of the Board, or
(g) is a Director or a Secretary, Manager or other salaried officer or employee of aay incorporated _ company which has any share or interest in an) I contract or employment with, by or on behalf of the Board :
Provided that a person shall not be disqualified under clause (f) or clause (g) or be deemed to have any share or interest in any contract or employment within the meaning of these clauses, by reason only of his, the firm of which he is partner or the incorporated Company of which he a Director, Secretary, Manager or other salaried officer, having a share or interest
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(i) any sale, purchase, lease or exchange of immov- able property or any agreement for the same;
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(ii) any agreement for the loan of money or any security for the payment of money only;
(iii) any newspaper in which any advertisement relating to (he affairs of the Board is printed or published; or
(iv) the occasional sale to the Board upto a value not exceeding thO thousand rupees ill anyone year, of any article in which he, the firm or the incorporated company regularly trades:
Provided further that a person shall not :11S0 be disqualified under clause (f) or clause (g) or be deemed to have any share or interest in an incorporated company which has ~l ny :-'~1areor interest in any contract or employment with, by or on behalf or. the Board, by reason only of hIS be1;1g:1 shareholder of such company i:~»uci. person disclos.is to the Government the nature and extent of the shares held by him. Explanation.-For tll,:, purpose of clause (e), UH.~Chairman or the Housing Commissioner shall not be
deemed to be an officer or servant of the
Board.".
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Substitution 0/ see.ion 12, Rajasthan Act 4 of 1970.- For section 12 of the principal Act. the following section shall be and shall be deemed always to have been substituted, namely:-.
"12. Deject in the constitution or vacancy in Board not to invalidate ac/s or pro('(!cdinRs.-No act or proceeding of the Board or any Committee thereof appointed by j i: under section 19 shall be deemed to be invalid or be called in question merely on the ground that----
(a) all or some non-official members required to be appointed under clause (e) of sub-section (1) of section 5 were not appointed by the Govern ment; or
(b) a member was or had become subject to any dis-qualification mentioned in section 7; or
(c) there h;1S been any defect in the appointment of a person acting as Chairman or a member of the Board; or
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(d) there are one or more vacancies in the member- ship of the Board; or
(e) there has been any procedural defect or irregu- larity in the conduct of business at the meeting of t!H.~Board not affecting the merits of the matter under consideration at such meeting.".
4. Substitution of section 23, Rajasthan Act 4 of 1970.- For section 23 of the principal Act, the following section shall be substituted, namely:-
"23. Muking of contracts.-( 1) Every contract on behalf of the Bon rd shall be made by the Chairman or such officer or officers of the Board or by such Committee appointed by it as the Board may, by order in writing, direct or authorise:
Provided that- .'
(a) no contract involving an expenditure over and above such amount as may, by notification in the Official Gazette, be specified by the State Government shall be made without the previous sanction of the State Government; and
(b) no contract involving an expenditure of l::n thousand rupees or more shall, subject to proviso
(a) aforesaid, be made without the previous sanction of the Board.
(2) The provisions contained in sub-section (1) shall apply to every variation or abandonment of contract or estimate as well as to an original contract or estimate." .
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5. Substitution of section 24, Rajasthan Act 4 of 1970.- For section 24 of the principal Act, the following section shall be substituted, narnely=-;
"24. Delegation of Board's power to sanction contract :--:
Subject to any rule which the State Government may ~ make in this behalf, the Board may, by order in writ- ing, direct that the power conferred on it under section 23 to sanction a contract shall, in such cases as may be specified by it in the order, be exercised by the Chairman or such officer Of officers of the Board or by such committee appointed by it as it may by such order direct or authorise.".
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6. Substitution of section 25, Rajasthan Act 4 of 1970.- For section 25 of the principal Act, the following section shall be substituted, namely:-
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--,25. Executionof contracts.-( 1) All contracts made on behalf of the Board shall be expressed to be made in the name of th~ BOQi'J and all such contracts and all assurances of property shall be executed on behalf of the Board by the Chairman or by such officer or officers of the Board or by such committee appointed by it as has been directed or authorised by the Board to make contract on its behalf under section 23.
(2) A contract not expressed or executed in the manner provided in this section shall not be binding on the j parties making the contract." .
.--')7. Amendment of section 33, Rajasthan Act 4 o] 1970.- In sectio~ ~~f the principal Act, for the words "in such manner", the wordy:~~ in such other manner' shall be substituted.
8. Al~elldmel~t of section 52, Rajasthan Act 4 of 1970.-
In sub-section (1) of section 52 of the principal Act, between the words "make rules" and the words "for carrying out", the expression ",whether ret.ospectively or prospectively," shall be inse1d.
9. Amendment of section 53, Rajasthan Act 4 of 1970.- In sub-section (1) of section 53 of the principal Act, for the expression "make regul.uons", the expression "make, whether retrospectively or prospectively, regulations" shall be substituted . .JIO. Amendment of section 5-1, Rajasthan Act 4 of 1970,- In sub-section (I) of section 54 of the principal Act, for the -- expression "may make", the expression "may. whether retrospec- tively or prosp-ctivcly, m ike" sh811 h~ ~n!)<;titute-d,
11. V alidation of the constitution of the Board and of its actions.--Notwithstanding anything contained in the principal Act,-
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(a) the Rajasthan Housing Board (hereinafter referred to as 'the Board') constituted by the State Government from time to time under section 5 of the principal Act shall be and shall be deemed alwavs to have been '"
lawfully and validly constituted and the corporate status of the Board shall be and shall be deemed always to have been perpetually succeeded;
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(b) all kinds of leave granted, from time to time, by the Governmen t to the Chairman of the Board shall be and shall be deemed always to have been lawfully and validly granted;
(c) remunerations, all kinds of leave and other service benefits paid, granted or, as the case may be, given to the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board shall be and shall be deemed always to have been lawfully and validly paid, granted or given;
(d) all contracts made or entered into on behalf of the Board by its Chairman, by any committee (including Works Committee) appointed by the Board under section 19 of the principal Act or constituted other- wise or by its Housing Commissioner, Executive Engineer or the Housing Engineer shall be and shall be deemed always to have been lawfully and validly made or entered into on behalf of the Board;
(e) all schemes (including housing schemes) framed, proposed or decided to be executed by the Board shall be and shall be deemed always to have been lawfully and validly framed, proposed or decided to be executed;
(f) all SU111S horrowed by the Board for the purposes of the principal Act including sums borrowed by the issue of debentures or by making arrangements with bankers or the Life Insurance Corporation of India shall be and shall be deemed always to have been lawfully and validly borrowed;
(g) all directions given by the State Government to the Board under section 60 of the principal Act for carrying out the purposes of the principal Act shall be and shall be deemed always to have been lawfully and validly given,-
md consequently, acts done, powers exercised and duties or func- ions performed by the Board, leaves granted by the Government o the Chairman, remunerations, leave and other service benefits laid, granted or, as the case may be, given to the Housing Commis- ioner, Secretary, Chief Accounts Officer and other officers and
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servants of the Board, all contracts made or entered into on behalf of the B03H ..l by its Chairman, by any Committee (including the Works Committee) appointed under section 19 of the principal Act or constituted otherwise or by its Housing Comrnissioner, Execu- tive Engineer or the Housing Engineer schemes (including housing scheme) framed, proposed or decided to be executed by the Board, borrowing of sums by the Board for the purposes of the principal Act including the borrowing of sums by the issue of debentures or by making arrangements with bankers or the Life Insurance Corporation of India and directions given by the State Government to the Board under sect ion 60 of the principal Act, shall not be liable to be questioned before any court. Tribunal or authority by any person or authority on the ground that-
(i) all or some non-official members were not appointed by the Government under clause (e) of sub-section (1 ) of section 5 of the principal Act;
(ii ) rules were not framed by the Government under sub- section (1) of section 9 of the principal Act regarding leave admissible to the Chairman of the Board; (iii ) the remuneration and other conditions of service of the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board were not determined by the Board under section 15 by regulations;
(iv) contracts on behalf of the Board were not made bv the Chairman 0 were not entered into bv him in accor- dance with section 25 of the principal Act or the previous sanction of the State Government or of the Board or of the Housing Commissioner or any other officer to whom powers conferred on the Board under section 23 of the principal Act to sanction a contract were delegated under section 24 of the said Aet was not obtained or the contract was made or entered into by any officer, authority or Committee (including Works Committee) other than the Chairman of the
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Gazette as required by section 27 or section 33 of the principal Act or that particulars and specifica- tions of the scheme and declaration that the Board had decided to frame and execute the scheme together with a notice as required by section 27 of the principal Act was not published by a notification in the Official Gazette;
(vi) any sum was borrowed by the Board by the issue of debentures or by making arrangements with bankers or the Life Insurance Corporation of India in the absence of any rules made by the State Government or without complying with any other requirements of section 44 of the principal Act; and
(vii) the directions of the State Government given to the Board under section 60 of the principal Act did not comply with the requirements of Article 166 of the Constitution of India.
12. Repeal and Savings.-( 1) The Rajasthan Housing Board (Amending and Validating) Ordinance, 1984 (Ordinance No.1 of 1984) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as atpended by this Act.
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Secretary to the Government.