UTTAR
PRADESH BRAJ PLANNING AND DEVELOPMENT BOARD ACT, 2015
THE UTTAR PRADESH BRAJ PLANNING AND DEVELOPMENT BOARD ACT, 2015[1]
Preamble - UTTAR PRADESH BRAJ PLANNING
AND DEVELOPMENT BOARD ACT, 2015
[Act No. 05 of 2015]
PREAMBLE
An Act to provide for the constitution of a
Planning and Development Board for the preparation of a plan for preserving,
developing and maintaining the aesthetic quality of Braj Heritage in all
hues-cultural, ecological and architectural, co-ordinating and monitoring the
implementation of such plan and for evolving harmonized policies for integrated
tourism development and heritage conservation and management in the region,
giving advice and guidance to any Department/Local body/Authority in the
District of Mathura in respect of any plan, project or any development proposal
which affects or is likely to affect the heritage resources of the Braj region
and for matters connected therewith or incidental thereto
It
is hereby enacted in the Sixty-sixth Year of the Republic of India as follows--
Chapter I - PRELIMINARY
Section 1 - Short title, extent and commencement
(1) This Act may be called the Uttar Pradesh Braj
Planning and Development Board Act, 2015.
(2) It extends to the Braj region situated within the
revenue District of Mathura in Uttar Pradesh.
(3) It shall come into force on such date[2] as
the State Government may, by notification in the Gazette, appoint
Section 2 - Definitions
In
this Act, unless the context otherwise requires--
(a) "Board" means the Braj Planning and
Development Board constituted under Section 3;
(b) "Braj Development Plan" means the plan
prepared under this Act for the development of the Braj region and for the
development of infrastructure facilities for tourism and conservation of the
Heritage, both tangible and intangible, in Braj region;
(c) "Braj Region" means the whole of the Braj
region situated within the revenue district of Mathura in Uttar Pradesh;
(d) "Chief Executive Officer" means the Chief
Executive Officer of the Board appointed under Section 4;
(e) "Council" means the Council constituted
under Section 6;
(f) "Executive Committee" means the Committee
constituted under sub-section (1) of Section 5;
(g) "Implementing agency" means a department
of the State Government or a Local Body in Mathura district or a public
undertaking under the jurisdiction of the State Government or the Government of
India;
(h) "Land" includes benefits to arise out of
land and things attached to the earth or permanently fastened to anything
attached to the earth;
(i) "Local body" means a Development
Authority, Municipal Body or any other local authority concerned with the urban
development of the Braj region;
(j) "Member" means a member of the Board or
the Council and includes its Chairman;
(k) "Participating Department" means the
State Government Department or a Local Body in Mathura District;
(l) "Prescribed" means prescribed by rules
made under this Act;
(m) "Project Plan" means a detailed plan
prepared to implement one or more elements of the Braj Development Plan;
(n) "Regulations" means regulations made by
the Board under this Act;
(o) "Rule" means a rule made under this Act
by the State Government.
Chapter II - THE BRAJ PLANNING AND
DEVELOPMENT BOARD
Section 3 - Constitution and incorporation of the Board
(1) The State Government shall, by notification in the
Gazette, constitute for the purposes of this Act, a Board, to be called the
Braj Planning and Development Board;
(2) The Board shall be a body corporate.
(3) The Board shall consist of the following members,
namely
(a) the Chief Minister, Uttar Pradesh who shall be the
Chairman of the Board;
(b) the Chief Secretary, Uttar Pradesh Government who
shall be the Vice-Chairman of the Board, ex officio;
(c) the Principal Secretary to the State Government in
the Department of Housing and Urban Planning, ex officio;
(d) the Principal Secretary to the State Government in
the Department of Finance, ex officio;
(e) the Principal Secretary to the State Government in
the Department of Tourism and Culture, ex officio;
(f) the Principal Secretary to the State Government in
the Department of Urban Development, ex officio;
(g) the Principal Secretary to the State Government in
the Department of Transport, ex officio;
(h) the Principal Secretary to the State Government in
the Department of Forest, ex officio;
(i) the Principal Secretary to the State Government in
the Department of Environment, ex officio;
(j) the Principal Secretary to the State Government in
the Department of Public Works, ex officio;
(k) the Commissioner, Agra Division, Agra, ex officio;
(l) the District Magistrate, Mathura, ex officio;
(m) the Chief Town and Country Planner, Uttar Pradesh,
ex officio;
(n) the Chief Executive Officer of the Board who shall
be the Member-Secretary;
(o) the Vice-Chairman, Mathura-Vrindavan Development
Authority, Mathura, ex officio;
(p) five eminent public figure having knowledge,
experience, exposure and track record of efforts for the conservation of
heritage of Braj Region, to be nominated by the Chairman in consultation with
the Principal Secretary Culture and Principal Secretary Tourism to the State
Government;
(q) donors who make a donation of Rs. 10 crores or more
shall eligible to be considered as nominated member after the approval of the
Board.
(4) The terms and conditions of office of the members
nominated under clause (p) and clause (q) of sub-section (3) shall be such as
may be prescribed.
Section 4 - The Chief Executive Officer
(1) There shall be the Chief Executive Officer of the
Board to be appointed by the State Government from amongst the officers not
below the rank of Special Secretary of the State Government.
(2) The Chief Executive Officer shall be the whole-time
officer of the Board and all the officers and employees appointed by the Board
shall be under the administrative control of the Chief Executive Officer.
(3) The Chief Executive Officer shall be entitled to
receive from the fund of the Board such salaries and allowances and be governed
by such conditions of service as may be determined by general or special order
of the State Government in this behalf.
(4) All orders and decisions and other instruments of
the Board shall be authenticated by the signature of the Chief Executive
Officer.
Section 5 - The Executive Committee
(1) There shall be an Executive Committee to exercise
the powers and the functions of the Board in the event of an emergent or other
time-sensitive matter when it is not practicable to assemble the entire Board.
The Executive Committee shall comprise all the ex-officio members of the Board
and shall be chaired by the Vice-Chairman.
(2) The Board shall, in its next meeting, review the
minutes of the Executive Committee and may modify, reject or ratify the actions
taken by the Executive Committee.
Section 6 - Composition of the Braj Planning and Development Council
(1) The Board shall, as soon as may be, after the
commencement of this Act, constitute a Council, to be called the Planning and
Development Council, for assisting the Board in the discharge of its functions.
(2) The Council shall consist of the following members,
namely
(a) the Chief Executive Officer, who shall be the
Chairman;
(b) the District Magistrate, Mathura, ex officio;
(c) the Senior Superintendent of Police, Mathura, ex
officio;
(d) the Vice-Chairman, Mathura-Vrindavan Development
Authority, Mathura, ex officio;
(e) the Chief Executive Officer Cantonment Board,
Mathura or his nominee not below the rank of the Captain in the army, ex
officio;
(f) the Associate Planner, Town and Country Planning,
Agra Division, Agra, ex officio;
(g) the Chairman of every Local Body in the Mathura
District, ex officio;
(h) the Chief Engineer, Mathura-Vrindavan Development
Authority, Mathura, ex officio;
(i) the Superintending Engineer, Public Works
Department, Mathura, ex officio;
(j) the Superintending Engineer, Irrigation Department,
Mathura, ex officio;
(k) the Superintending Engineer, Dakshinanchal Vidyut
Vitran Nigam Limited (Urban & Rural), Mathura, ex officio;
(l) the Superintending Engineer, Jal Nigam, Mathura, ex
officio;
(m) the District Forest Officer, Mathura, ex officio;
(n) the Regional Officer, Pollution Control Board,
Mathura, ex officio;
(o) the Archaeological Superintendent, Mathura, ex
officio;
(p) the District Tourism Officer, Mathura, ex officio;
(q) the Deputy Director, Government Museum, Mathura, ex
officio;
(r) a Landscape Designer & Interpretive planner, to
be nominated by the State Government;
(s) an Environmentalist having experience of the Braj
region, to be nominated by the State Government;
(t) an eminent historian having experience in the
cultural and mythological history of Braj Region, to be nominated by the State
Government;
(u) a Litterateur or an Artist of repute having
experience of the Braj region, to be appointed by the State Government;
(v) an eminent district lawyer, to be appointed by the
State Government;
(w) two eminent public representative or Social Worker,
to be appointed by the State Government;
(x) donors who make a donation of Rs. 5 crores or more
but less than Rs. 10 crores shall be eligible to be considered as a nominated
member after the approval of the Board.
(3) The terms and conditions of office of the members
nominated under clauses (r), (s), (t), (u), (v), (w) and (x) of sub-section (2)
shall be such as may be prescribed.
Section 7 - Power to co-opt
(1) The Board or the Council may, at any time and for
such period as it thinks fit, co-opt any person or persons as a member or
members of the Board or of the Council.
(2) A person co-opted under sub-section (1) shall
exercise and discharge all the powers and functions of a member of the Board or
of the Council, as the case may be, but shall not be entitled to vote.
Section 8 - Headquarters of the Board
The
headquarters of the Board shall be at Mathura.
Section 9 - Meetings of the Board
The
Board shall meet at such times and at such place as may be determined by the
Board from time to time.
Section 10 - Meetings of the council
The
council shall meet at such times as may be decided by the Chairman of the
Council but the time of two consecutive meetings shall not exceed the quarter
of a calendar year.
Section 11 - Vacancies, etc. not to invalidate proceedings of the Board of the Council
No
act or proceeding of the Board or of the Council shall be invalid merely by
reason of the existence of any vacancy in, or any defect in the constitution of
the Board or the Council as the case may be.
Chapter III - POWERS AND FUNCTIONS OF
THE BOARD AND OF THE COUNCIL
Section 12 - Powers of the Board
The
powers of the Board shall include the powers to--
(a) call for reports and information from the
Participating Departments with regard to preparation, enforcement and
implementation of the Braj Development Plan and the Projects;
(b) ensure that the preparation, enforcement and
implementation of the Plan or the Project, as the case may be, is in conformity
with the Braj Culture and Architecture;
(c) indicate the stages for the implementation of the
Plan;
(d) review the implementation of the Plan and the
Projects;
(e) select and approve comprehensive projects from the Participating
Departments, call for priority development and provide such assistance for the
implementation of those projects as the Board may deem fit;
(f) levy fee or charges for providing services and
facilities or for maintenance and development thereof from the tourists;
(g) suo moto take up any work/project in order to
promote and secure the development, re-development and beautification of any
area in the entire Braj region;
(h) select an Implementing Agency for preparation and
implementation of any Project plan;
(i) entrust to the Council such other functions as it
may consider necessary to carry out the provisions of this Act.
Section 13 - Functions of the Board
The
functions of the Board shall be--
(a) to ensure the preparation of the Braj Development
Plan;
(b) to arrange for the preparation of projects by any
of the Participating Departments;
(c) to co-ordinate the enforcement and implementation
of the Plan and the Project through any one or more of the Participating
Departments or Implementing Agency;
(d) to ensure proper and systematic programming by the
participating departments in regard to project formulation, determination of
priorities in the Braj region and phasing of development of infrastructural
facilities for tourism and conservation of the Braj Heritage in accordance with
stages indicated in the Plan;
(e) to make concerted efforts in the direction of
professionally enhancing awareness and interest in intangible cultural
heritage, safeguarding, promoting and propagating it systematically;
(f) to ensure conservation of rivers and undertake
measures for pollution control and development of river fronts and water
bodies;
(g) to formulate Architectural Regulations to bring
about an uniformity of the buildings and structures in conformity with the
heritage architecture of the region;
(h) to formulate policies to ensure co-ordination
between various stakeholders Government Departments, Local Bodies, Temple
Management/Trusts, Self Help Groups, Researches and Scholars for integrated
development of tourism infrastructure and activities/projects for
strengthening, protecting, preserving and promoting the rich cultural heritage
of the Braj region;
(i) to arrange for, and oversee, the financing of
selected development projects in the Braj region through State funds and other
sources of revenue like funds from Temple Trusts, donations, Non-Government
Organization, company/firms and tourists, etc.
Section 14 - Functions of the Council
(1) The functions of the Council shall be to assist the
Board in
(a) the preparation and co-ordinated implementation of
the Braj Development Plan and the Projects;
(b) scrutinizing the projects of the Participating
Department or an Implementing Agency to ensure that the same are in conformity
with the Braj Development Plan;
(c) make such recommendations to the Board as it may
think necessary to amend or modify any Plan;
(d) co-ordinate and implement different projects at the
district level;
(e) perform such other functions, in connection with
the administration of this Act, as may be entrusted to it by the Board.
(2) Different Government departments in the district
having departmental budget sanctions and other implementing agencies shall also
co-ordinate with the Council to ensure convergence and co-ordination of their
schemes/projects with those which are under the Braj Development Plan.
Chapter IV - THE BRAJ DEVELOPMENT PLAN
AND THE PROJECT PLANS
Section 15 - Contents of the Braj Development Plan
(1) The Braj Development Plan shall be a written
statement and shall be accompanied by such maps, diagrams illustrations and
descriptive matters, as the Board may deem appropriate for the purpose of
explaining or illustrating the proposals contained in the Plan and every such
map, diagram, illustration and descriptive matter shall be deemed to be a part
of the Braj Development Plan.
(2) The Braj Development Plan shall indicate the manner
in which the development activities in the Braj region shall be carried out or
conservation and such other matters as are likely to have any important
influence on the development of the tourism in Braj region and conservation of
Braj Heritage and every such plan shall include the following elements needed
to promote growth of tourism and balanced development of the Braj Region,
namely
(a) the policy in relation to land-use and the allocation
of land for different uses;
(b) the proposals for major urban settlement pattern
and architectural regulations;
(c) the proposals for providing suitable economic base
for future growth;
(d) the proposals regarding transport and
communications including railways and arterial roads serving the region;
(e) the proposals for the supply of drinking water and
for drainage;
(f) indication of the areas which require immediate
development as "priority areas";
(g) the proposals for concerted efforts in the
direction of professionally enhancing awareness and interest in intangible
cultural heritage, safeguarding, promoting and propagating it systematically;
(h) such other matters as may be included by the Board
with the concurrence of the Participating Departments for the proper planning
for the growth and balanced development of the Braj Region.
Section 16 - Surveys and Studies
For
the preparation of the Braj Development Plan, the Board may cause such surveys
and studies, as it may consider necessary, to be made by such Participating
Departments or persons as it may appoint in this behalf and may also associate
such experts or consultants for carrying out studies in relation to such
specific matters as may be determined by the Board.
Section 17 - Procedure to be followed for preparation of the Braj Development Plan
(1) Before preparing any Development Plan finally, the
Board shall prepare with the assistance of the Council, a Plan in draft and
publish it by making a copy thereof available for inspection and publishing a
notice in such form and in such manner as may be prescribed, inviting
objections and suggestions from any person with respect to the draft Plan
before such date as may be specified in the notice.
(2) The Board shall also give reasonable opportunities
to every local authority/department, within whose local limits any land touched
by the Plan is situate, to make any representation with respect to the draft
Plan.
(3) After considering all objections, suggestions and
representations that have been received by the Board, the Board shall finally
prepare the Braj Development Plan.
Section 18 - Date of coming into operation of the Braj Development Plan
(1) Immediately after the Plan has been finally
prepared, the Board shall publish, in such manner as may be prescribed, a
notice stating that the Plan has been finally prepared by it and naming the
places where a copy of the Plan may be inspected at all reasonable hours and
upon the date of first publication of the aforesaid notice, the Plan shall come
into operation.
(2) The publication of the Plan, after previous
publication, as required by Section 17, shall be conclusive proof that the Braj
Development Plan has been duly prepared.
Section 19 - Modifications of the Plan
(1) The Board may, subject to the provisions of
sub-section (2), make such modifications in the Plan as finally prepared by it,
as it may think fit, being modifications which, in its opinion, do not effect
important alterations in the character of the Plan and which do not relate to
the extent of land-uses or the standards of population density.
(2) Before making any modifications in the finally
prepared Plan the Board shall publish a notice in such form and in such manner
as may be prescribed, indicating therein the modifications which are proposed
to be made in the finally prepared Plan, and inviting objections and
suggestions from any person with respect to the proposed modifications before
such date as may be specified in the notice and shall consider all objections
and suggestions that may be received by it on or before the date so specified.
(3) Every modification made under this section shall be
published in such manner as the Board may specify and the modifications shall
come into operation either on the date of such publication or on such later
date as the Board may fix.
(4) If any question arises whether the modifications
proposed to be made are modifications which effect important alterations in the
character of the Plan, it shall be decided by the Board whose decision thereon
shall be final.
Section 20 - Review and revision of the Plan
(1) After every five years from the date of coming into
operation of the finally prepared Plan, the Board shall review such Plan in its
entirety and may, after such review, substitute it by a fresh Plan or may make
such modifications or alterations therein as may be found by it to be
necessary.
(2) Where it is proposed to substitute a fresh Plan in
place of the Plan which was previously finally prepared or where it is proposed
to make any modifications or alterations in the finally prepared Plan, such
fresh Plan or, as the case may be, modifications or alterations, shall be
published and dealt with in the same manner as if it were the Plan referred to
in Sections 17 and 18 or as if they were the modifications or alterations in
the Plan made under Section 19.
Section 21 - Preparation of the Project Plan, co-ordination and convergence
(1) A participating department may, by itself or in
collaboration with one or more of the participating departments as the case may
be, prepare Project Plans for one or more elements of the Braj Development
Plan.
(2) Various participating departments in the district,
receiving grants, loans or budget sanctioned by the State Government, shall
ensure convergence/co-ordination of their departmental schemes with the
schemes/projects under the Braj Development Plan.
Chapter V - FINANCE, ACCOUNTS AND AUDIT
Section 22 - Grants and loans by the Government
The
State Government may, after due appropriation made by Legislature by law in
this behalf, make to the Board grants, advances and loans of such sums of money
as it may consider necessary to enable the Board to carry out its functions
under this Act.
Section 23 - Constitution of the Fund
(1) There shall be constituted a Fund to be called the
Braj Planning and Development Board Fund, to be maintained in a separate bank
account of its own, and there shall be credited thereto
(a) any grants and loans made to the Board by the State
Government under Section 22;
(b) all sums paid to the Board by the participating
departments; and
(c) sums received from other sources such as Temple
Trusts, donations from Non-Government Organizations, companies, firms and
individuals, etc.; and
(d) any other sums received by the Board from such
other sources as may be decided upon by the State Government in consultation
with the Board.
(2) The sums credited to the Fund referred to in
sub-section (1) shall be applied for
(a) meeting the salaries, allowances and other
remuneration of the Chief Executive Officer, Additional Chief Executive
Officer, the Finance Officer and other officers and employees of the Board and
for meeting other administrative expenses of the Board;
(b) conducting surveys, preliminary studies and drawing
up of plans/projects for the Braj Region;
(c) providing financial assistance to the Participating
Departments and Implementing Agencies for the implementation of Braj
Development Plan and the projects subject to such terms and conditions as may
be decided by the Board.
(d) meeting any other expenses incurred by the Board in
the administration of this Act.
Section 24 - Budget
The
Board shall prepare in such form and at such time every year, as the State
Government may specify, a budget for the financial year next ensuing and
forward the same to the State Government at least 90 (Ninety) days prior to the
commencement of the next financial year.
Section 25 - Annual Report
The
Board shall prepare for every year a report of its activities during that year
and submit the report to the State Government in such form and on or before
such date as the State Government may specify and such report shall be laid
before both Houses of the State Legislature.
Section 26 - Accounts and audit
(1) The Board shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the balance
sheet in such form as the State Government may specify.
(2) The accounts of the Board shall be subject to audit
annually by the Examiner, Local Fund Accounts and/or the State Government may
entrust the audit to the Accountant General, Uttar Pradesh or Comptroller and
Auditor General of India or to any other Auditor on such terms and conditions,
in such manner, for such period and at such times as may be agreed upon between
him and the State Government.
(3) The rights, authority and privileges of any person
conducting audit under sub-section (2) shall,
(a) in the case of Examiner, Local Fund Accounts, be
the same as he has in connection with the audit of the accounts of local
authority;
(b) in the case of the Accountant General, Uttar
Pradesh or, as the case may be, Comptroller and Auditor General of India, be
the same as he has in connection with the audit of Government accounts; and
(c) in the case of any other auditor, be as prescribed;
(4) The Board shall furnish, to the State Government
annually or at such times as may be directed by it, a copy of its audited
accounts together with the auditors' report thereon.
Section 27 - Annual report and Auditor's report to be laid before the State Legislature
The
State Government shall cause the annual report and the auditors' report to be
laid as soon as may be after their receipts on the table of each House of the
State Legislature while it is in session.
Chapter VI - ACQUISITION AND DISPOSAL
OF LAND
Section 28 - Acquisition of Land for the purpose of the Act
(1) If, in the opinion of the State Government, any
land is required for the purpose of the development or for any other purpose
under this Act, the State Government may acquire such land under the provisions
of the Right to Fair Compensations and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 [Act No. 30 of 2013].
(2) Where any land has been acquired by the State
Government it may, after it has taken possession of the land, transfer the land
to the Board for the purpose for which the land has been acquired on payment by
the Board of the compensation awarded under the Act referred to in sub-section
(1) and of the charges incurred by the State Government in connection with the
acquisition.
(3) Subject to any directions given by the State Government
in this behalf, the land acquired by the State Government and transferred to
the Board can be transferred by the Board to such persons, in such manner and
subject to such terms and conditions as it may consider expedient for securing
the development of the Braj region after undertaking or carrying out such
development as it thinks fit for the purpose of this Act.
Section 29 - No change of purpose allowed
No
change of purpose or related purposes for which land is originally sought to be
acquired shall be allowed except for as provided in the Act referred to in
sub-section (1) of Section 28.
Section 30 - Return of unutilized land
When
any land acquired for the purpose of this Act remains unutilized it shall be
disposed of according to the provisions of the Act referred to in sub-section
(1) of Section 28.
Chapter VII - MISCELLANEOUS
Section 31 - Provisions to be in addition to existing laws
The
provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other Act or law for the time being in force.
Section 32 - Power of the State Government to give directions
The
State Government may, from time to time, give such directions to the Board as
it may think fit for the efficient administration of this Act and the Board
shall be bound to comply with such directions.
Section 33 - Technical Assistance to the Board/Council
(1) The State Government may direct any of its
Departments to provide, on such terms and conditions as may be mutually agreed
upon, such technical assistance to the Board as it may consider necessary.
(2) With a view to enabling the Council to discharge
its functions, the Board shall, out of the technical assistance received by it
under sub-section (1) make available to the Council such technical assistance
as the Council may require.
Section 34 - Officers and employees of the Board
(1) The State Government may appoint two suitable
persons respectively as Additional Chief Executive Officer and the Finance
Officer of the Board who shall exercise such powers and perform such duties as
may be prescribed by regulations or delegated to them by the Board or the Chief
Executive Officer.
(2) Subject to such control and restrictions as may be
determined by general or special order of the State Government, the Board may
appoint such number of other officers and employees as may be necessary for the
efficient discharge of its functions under this Act and may, subject to any
rules that may be made in this behalf, make appointments on such posts and
determine the designations and grades of persons so appointed.
(3) The qualifications, terms and conditions of service
and functions and duties of officers and employees, appointed under sub-section
(2), shall be such as may be prescribed.
(4) The Additional Chief Executive Officer, the Finance
Officer and other officers and employees of the Board shall be entitled to
receive from the Fund of the Board such salaries and allowances as may be
determined by the State Government in this behalf.
Section 35 - Delegation
The
Board may, by general or special order, direct that any function or power
(other than the power to approve the Development Plan and to make regulations),
or duty performed, exercised or discharged by it under this Act or the rules
made thereunder shall subject to such conditions, if any, as may be specified
in such order, be performed, exercised or discharged also by such officer as
may be specified in the said order and where any such delegation of power is
made the officer to whom such power is delegated shall perform, exercise or
discharge those powers.
Section 36 - Power of Entry
Subject
to any rules made in this behalf, any person generally or specially authorized
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 by the Board under this Act:
Provided
that no such person shall enter any building or any enclosed courtyard or
garden attached to a dwelling-house without previously giving the occupier
thereof at least three days notice in writing of his intention to do so.
Section 37 - Officers and employees of the Board to be public servants
The
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 Act, to be
public servants within the meaning of Section 21 of the Indian Penal Code [Act
No. 45 of 1860].
Section 38 - Protection of action taken in good faith
No
suit, prosecution or other legal proceeding shall lie against the Board or
Council or any member or any officer or any other employee of the Board
including any other person authorized by the Board for exercise any power or to
discharge any function under this Act, or for anything which is in good faith
done or intended to be done under this Act.
Section 39 - Power to make rules
(1) The State Government may, by notification in the
Gazette, make rules to carry out the purposes of this Act.
(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 terms and conditions of the office of the
member as required by sub-section (4) of Section 3 and sub-section (3) of
Section 6;
(b) the form and manner in which notice under
sub-section (1) of Section 17 and sub-section (2) of Section 19 shall be
published;
(c) the manner in which notice under sub-section (1) of
Section 18 shall be published;
(d) 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.
Section 40 - Power to make regulations
(1) The Board may, with the previous approval of the
State Government by notification in the Gazette make regulations not
inconsistent with this Act and the rules made thereunder to carry out the
provisions of this Act.
(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 the
Board may associate with itself any person under Section 16;
(b) the terms and conditions of service of the officers
and employees of the Board under sub-section (3) of Section 34;
(c) any other matter in respect of which provision is
to be, or may be made by regulations.
Section 41 - Dissolution of the Board
(1) Where the State Government is satisfied that the
purpose for which the Board was established under this Act have been
substantially achieved or the Board has failed in its objectives, so as to
render the continued existence of the Board in the opinion of the State
Government unnecessary, that the State Government may, by notification in the
Gazette, declare that the Board shall be dissolved with effect from such date
as may be specified in the notification, and the Board shall be deemed to be
dissolved accordingly.
(2) From the said date
(a) all properties, funds and dues which are vested in
or realizable by the Board shall vest in, or be realizable by, the State
Government;
(b) all liabilities which are enforceable against the
Board shall be enforceable against the State Government;
(c) for the purpose of carrying out any development
which has not been fully carried out by the Board and for the purpose of
realizing properties, funds and dues referred to in clause (a) the functions of
the Board shall be discharged by the State Government.
(3) Nothing in this section shall be construed as
preventing the State Government from reconstituting the Board in accordance
with the provisions of this Act.
Section 42 - Power to remove difficulties
(1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may, for removing such difficulty,
by order published in the Gazette direct that the provision of this Act shall,
during such period as may be specified in the order, have effect subject to
such adaptations, whether by way of modification, addition or omission, as it
may deem to be necessary and expedient.
(2) No order under sub-section (1) shall be made after
the expiration of a period of two years from the date of commencement of this
Act.