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Housing Board, Haryana (Regulations of Business), Regulations, 1980

The Housing Board, Haryana (Regulations of Business), Regulations, 1980

Published vide Haryana Government Notification No. 66/12/B dated 16th October, 1981. Haryana Government Gazette Part 3 page 376.

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No. 6612/B - 16th October, 1981. - In exercise of the powers conferred by clause (c) of Section 74 of the Haryana Housing Board Act, 1971 (Haryana Act No. 20 of 1971), and with the previous sanction of the State Government conveyed vide their Memo. No. 3-9-80-1 HG, dated the 22nd July, 1981 and 30th September, 1981, the Housing Board Haryana, hereby makes the following regulations, namely :-

  1. Short Title.- These regulations may be called Housing Board, Haryana (Regulations of Business), Regulations, 1980.
  2. Definitions.- (i) In these regulations unless there is anything repugnant to the subject or context :-

(a) "Act" means the Haryana Housing Board Act, 1971 (Act 20 of 1971), and shall include any statutory amendment, modification or enactment thereof for the time being in force.

(b) "Government" means the Government of the State of Haryana.

(c) "Board" means the Housing Board Haryana, constituted by Government under section 3 of the Act and shall include its successors and assigns.

(d) "Chairman" means the Chairman of the Board duly appointed by the Government under section 3 of the Act.

(e) "Chief Administrator" means the Chief Administrator of the Board duly appointed by the Government under section 3 of the Act.

(f) "Member" means a member of the Board duly appointed under section 3 of the Act.

(g) "Section" means a branch of the administrative set up of the Board's Head Office dealing with a particular subject.

(h) "Schedule" means a schedule appended to these regulations.

(ii) Other terms and expressions used in these regulations shall have the meanings respectively assigned to them under the Act and the Rules framed thereunder as amended from time to time.

[(iii) The employees of the Board shall be classified as class-I, II, III and IV on the pattern of Haryana Government.]

Part I

Allocation and Disposal of Business

  1. The Chief Administrator of the Housing Board shall be the Chief Executive Officer of the Board.
  2. (1) Subject to the provisions of regulation No. 10 of these Regulations, all cases referred to in the Schedule shall be brought before the Board in accordance with the provisions contained in part II of these regulations.

[(2) (i) All cases referred to in Second Schedule "A" may be disposed of by the Chairman of the Board on its behalf.

(ii) All cases referred to in Second Schedule "B" may be disposed of by the Chief Administrator of the Board on its behalf.]

  1. (1) No section shall without previous consultation with the Finance Section authorise any orders (other than orders pursuant to any general delegation made by the Board) -

(a) which immediately or by the consequent repercussions in any manner affect the funds of the Board; or

(b) relate to the number, grading or cadre of posts or the emoluments or other conditions of service of posts.

(2) No appropriation shall be made by any section other than Finance Section, except in accordance with such general delegation, as the Board may have made.

(3) Except to the extent that power may have been delegated to a section by the Board, every order of an Administrative Sections conveying sanction to be enforced in audit shall be communicated to the audit authority by the Finance Section.

  1. All orders or instruments made or executed by or on behalf of the Board shall be expressed to be made or executed in the name of the Board.
  2. Every order or decision of the Board shall be authenticated by the signatures of the Chief Administrator and all other instruments issued or executed by or on behalf of the Board shall be authenticated by the signatures of Secretary or such other officer as may be specially empowered by the Board in this behalf. The orders or decisions of the Board after their due authentication by the Chief Administrator as above may be communicated by the Secretary or such other officer as may be specially empowered by the Board in this behalf.

Part II

Procedure of the Board

  1. The Secretary will put up cases in the meetings of the Board.
  2. All cases referred to in the first Schedule shall be submitted to the Chief Administrator with a view to obtaining his order for circulation of the case under Regulation 10 or for bringing it up for consideration at a meeting of the Board.
  3. Cases brought before the Board shall be accompanied by a memorandum, indicating with sufficient precision the salient facts of the case and the point for decision. Such Memorandum and such other relevant papers as are necessary to enable the case to be disposed of, shall be circulated to the Members.
  4. The meetings of the Board will be held in accordance with the provisions of the Housing Board, Haryana (Conduct of Meeting) Regulations, 1980.
  5. (1) When a case has been decided by the Board after discussion at a meeting, the Secretary shall take action to give effect to the decision.

(2) The decision of the Board relating to each case shall be separately recorded.

Part III

Departmental Disposal of Business

A - General

  1. Except as otherwise provided, case shall ordinarily be disposed of by or under the authority of the Chief Administrator, may by means of standing orders, give such directions as he thinks fit for the disposal of cases in the Section concerned.
  2. The Chief Administrator shall by means of standing orders arrange what cases or classes of cases are to be brought to his personal notice.
  3. When the subject of a case concerns more than one Section no order shall be issued nor shall the case be laid before the Board until it has been considered by all the Sections concerned unless the case is considered to be one of extreme urgency by the Chief Administrator.
  4. All communications received from the State Government and the Government of India (including those from the Governor, the Chief Minister and other Ministers of the State) other than those of a routine or not intrinsically important character, shall as soon as possible after receipt, be submitted by the Secretary to the Chief Administrator for information. Such communications may also be circulated amongst other Members of the Board for information under orders of the Chief Administrator.
  5. Any matter likely to bring the Board into controversy with the Government shall as soon as the possibility of such controversy is envisaged be brought to the notice of the Board.

B - Finance Section

  1. The Finance Section of the Board shall be consulted before the issue of orders relating to all proposals which affect the funds of the Board and in particulars -

(a) subject to financial delegation made in favour of Chief Executive Officer and other officers of the Board, proposals to add any post or abolish any post from the Board's service or to vary the emoluments of any posts;

(b) proposals to sanction an allowance or special or personal pay for any post or class of posts to any servant of the Board.

(c) proposals involving abandonment of revenue or involving an expenditure for which no provision has been made in the budget.

  1. The view of the Finance Section shall be brought on to the permanent record of the Section to which the case belongs and shall form part of the case.
  2. The Finance Section may prescribe cases in which its assent may be presumed to have been given.
  3. The Finance Section may issue instructions to govern financial procedure in general in all Sections and to regulate the business of the Finance Section and the dealing of other Sections with the Finance Section.

C - Legal Section

  1. Whenever it is proposed :-

(i) to issue a statutory regulation, notification or order; or

(ii) to sanction under a statutory power the issue of any regulation, bye-law, notification or order by a subordinate authority; or

(iii) to submit to Government any draft statutory regulation, notification or order for issue by them.

The same shall be referred to the Legal Section - for opinion and advice.

  1. (1) All sections shall consult the Legal Section -

(a) the construction of Statutes, Acts, Regulations, Statutory Regulations, Orders and Notifications;

(b) any general legal principles arising out of any case; and

(c) the institution or withdrawal of any prosecution or any other legal proceedings at the instance of any section.

(2) Every such reference shall be accompanied by an accurate statement of the facts of the case and the point or points on which the advice of the Legal Section is desired.

Part IV

Delegation of Financial Powers

[24. The financial powers given in the Third Schedule are delegated to the Chairman, Chief Administrator and Officers of the Board to the extent indicated against each. These delegations are subject to the provision in the relevant project or works estimates in the budget.]

Part V

Accounting Work Procedure

  1. The accounts will be maintained on the commercial pattern unless otherwise specified by the Government.
  2. P.W.D. code will be applicable along with relevant financial hand books and manual of order except and to the extent modified otherwise.
  3. All works upto Rs. 1,00,000 will be considered as minor works for purpose of maintaining work abstracts and submission of accounts.
  4. The monthly accounts as compiled by the various Divisions will be consolidated at Headquarters by the Chief Accounts Officer. However, for the first three months all the bills will be got pre-audited by the Chief Accounts Officer with the purpose of training the officials regarding accounting procedure to be adopted in the Board. Thereafter there will be no pre-audit system and correctness of accounts bills as well as payments thereof will be ensured at the divisional level.
  5. The strength of the staff in the offices of C.E.S.Es. and XENs. will be as per pattern of P.W.D. branches of the State Government provided that the staffing pattern can be modified by the Board from time to time without exceeding the P.W.D. norms.

Part VI

Supplementary

  1. The Secretary shall be responsible for the careful observance of these regulations and when he considers that there has been any material departure or deviation from them, shall personally bring the matter to the notice of the Chief Administrator.

First Schedule

The following cases shall be referred to the Board for decision :-

(1) Annual financial statement and demand for supplementary additional and excess grants.

(2) Unbudgeted expenditure required to be expended by the Board.

(3) Consideration of the annual audit report on the accounts of the Board.

(4) Consideration of the annual report, required to be submitted to the State Government.

(5) Proposal relating to regulations and bye-laws to be made by the Board under sections 74-75 of the Act including any proposal for amendment of such regulations and bye-laws.

(6) Recommendations to the State Government regarding any draft rules or amendment thereto required to be made by the State Government under section 73 of the Act.

(7) Any dispute arising between the Board and the State Government in respect of any direction given by the State Government.

(8) Loans and borrowings, investment and reserves.

(9) Sanction of project estimates.

(10) Sanction of budget estimates.

(11) Contribution to reputed national and international associations.

(12) Delegation and modification in the financial powers of the officers of the Board.

(13) All important audit objections and inspection reports etc. involving a loss/recovery of Rs. 1,000 and above, in which conduct of officers/officials involved and responsibility for lapses/losses is to be determined.

[(14) Direct recruitment to all the posts other than class (IV) post - powers of the Board shall be exercised by the Selection Committee consisting of Chairman, Chief Administrator and one or more Technical or Administrative Officer to be nominated by the Chairman.]

(15) Proposals for the creation of posts.

(16) Direct recruitment to the posts with a minimum of pay scales of above Rs. 500 per mensem (Powers of the Board shall be exercised by the Selection Committee constituted by the Board for the purpose).

(17) Appointment of consulting Engineers.

(18) Cases of pay fixation and advance increments in relations of rules.

(19) Grant of advance from CPF in relaxation of rules.

(20) Reimbursement of medical claims in relaxation of rules.

The cases of the following categories relating to subordinate staff shall also be referred to the Board for orders :-

[(1) Appeals in establishment matters in respect of Class I and Class II employees, if impugned orders have been passed by the Chief Administrator.]

(2) Grant of special/additional, or personal pay/allowances for staff with a minimum of pay scales of above Rs. 300 per mensem.

Second Schedule

["A" The following cases shall be referred to the Chairman for decision :-

(i) Recruitment in respect of Class IV employees.

(ii) Appeals in establishment matter in respect of Class III and Class IV employees if the impugned order has been passed by the Chief Administrator.

"B" The following cases shall be referred to the Chief Administrator for decision :-

(i) Appointments on deputation and promotions.

(ii) Posting and transfer of the officers and staff.

(iii) Grant of honorarium for holding deal charge.

(iv) Except as otherwise provided, all other allied establishment matters in respect of officers/staff of the Board.

(v) Grant of leave where a substitute is to be appointed.

(vi) All cases regarding disciplinary action against the employees of the Board.]

Miscellaneous Cases

(i) Banking arrangement.

(ii) Grant of permission to perform journeys beyond sphere of duties by the officers and staff.

(iii) To permit employees to travel on duty by air.

Sanction of Loan/Advances

(a) To declare that the possession of the conveyance by an employee of the Board is in the interest of the Board as per policy of the Board.

(b) To sanction any other advance in accordance with the policy of Board.

(c) To sanction conveyance allowance.

(d) Granting or permitting an employee to receive honorarium.

(e) Sanctioning the taking of work by an employee for which a fee is offered.

(f) To sanction permanent advances for subordinate officers up to Rs. 2,000.

(g) Re-appropriation of funds with the same budget head.

(h) To institute, conduct and defend any legal proceedings, by or against Board or its officers in connection with the affairs of the Board.

(i) To incur expenditure where there is no specific provision in the budget in emergency.

Notes. - (i) In an emergency, the Chief Administrator may, if he considers it to be essential in the interest of the Board, exercise powers beyond the scope of these delegation subject to a report to the Board, for approval in the next meeting.

(ii) Where not specifically provided in the delegations, the Chief Administrator will exercise powers in respect of such items to the extent considered essential by him in the interest of the Board subject to report in the Board for approval in the next meeting.

Third Schedule

Schedule of delegation of financial powers to the Chief Administrator and officers

Housing Board, Haryana

SI. No. Nature of Power To whom delegated Extent of delegation Remarks
1 2 3 4 5
WORKS
*[1. To accord administrative approval to proposals for works. State Government Board Chairman Chief Administrator Chief Engineer Superintending Engineer Executive Engineer] Full Powers Subject to Budget provisions.
For works upto Rs. 40 lacs
For works upto Rs. 3 lacs
For works upto Rs. 1 lac
For works upto Rs. 50,000
For works upto Rs. 20,000
For works upto Rs. 5,000
2. To accord technical sanction to the detailed estimates for original work Chief Engineer Full powers upto 5 per cent of the amount of administrative approval
S.E. Upto Rs. 1 lac for each works provided administrative approval is not exceeded by more than 5 per cent
Executive Engineer Upto Rs. 20,000 for each work provided administrative approval is not exceeded by more than 5 per cent.
3. To accept tender for execution of works State Government Full powers Note. - (i) The option to call tenders either on per contra or item rate base of lumpsum contract will rest with the Executive Engineer of authority competent to accept tenders as per the suitability in the interest of progress of works.
C.E. Upto Rs. 20 lacs
S.E. Upto Rs. 5 lacs
XEN Upto Rs. 1 lac
(ii) Tender forms of P.W.D., B.&R of Haryana State will be modified to suit the Board's working.
(iii) The Chief Administrator, Housing Board, Haryana, will appoint arbitrator to resolve disputes arising out of various contracts and the decision of the arbitrator shall be binding.
(iv) The Executive Engineer will be empowered to get any sample made upto the cost of Rs. 1,000 without quotations provided he has satisfied himself after making queries from the market as to the reasonability of the rates.
4. To purchase stores for sanctioned works or for supply of materials for works / stock.
(a) Against D.G.S. & D.C.O.S.R. rates contacts steel through, B.R.C., T.P.C., Cement through recognised sources, bricks/tiles on D.P.C. rates C.E. Full powers up to reserve stock limit.
S.E. Ditto
XEN Full powers upto reserve stock limits
(b) From open market local purchase. (i) Assistant Engineer Upto Rs. 50 at any time for any single item at the lowest rate on quotations obtained from the different independent sources. In the case purchase is to be made at a rate higher than the lowest approval of the higher authority is to be obtained. He will also be competent to purchase any single item upto Rs. 20 without calling quotations, but after satisfying himself by rental inquiries that the rates are reasonable.
(ii) XEN. Rs. 2,000 at a time subject to ceiling of Rs. 25,000 per annum and subject to condition against (i) above.
(iii) S.E. Rs. 5,000 at a time subject to a ceiling of Rs. 25,000 per annum and subject to the condition against (i) above. For purchase beyond Rs. 5000 from open market, there will be a purchase committee to be appointed by the Board.
(iv) C.E. Rs. 500 at a time subject to a ceiling of Rs. 1 Lac in a year and subject to condition against (i) above.
5. To accord sanction to non scheduled/extra items C.E. Full power These powers are subject to the condition that the total cost including extra items do not exceed the power of the concerned authority to accord technical sanction to the estimates by more than 5 per cent.
S.E. In respect of any contract accepted by any authority upto 20 per cent of the contract value subject to a ceiling of Rs. 1,00,000.
6. Award of work by acceptance of a tender other than the lowest C.E. Full powers subject to works acceptance of tender by the competent authority.
7. Award of work by negotiation C.E. Full powers.
S.E. Full power with the approval of the Chief Administrator.
8. Write off of infructuous expenditure on construction C.E. Full powers but all cases involving an expenditure of more than Rs. 1,000 will be brought to the notice of the Board.
*[9. Powers of advertisements C.E. Full powers This power is in respect of issue of advertisement for tenders only.]
S.E. -Do-
XEN. -Do-
10. Passing the first and final running accounts bills XEN. Full powers
11. Passing of bills of work-charge establishment XEN. Full powers subject to the condition that the appointment is made by the competent authority.
12. Write off of T. and P. and other articles of which part of value has been recovered Chief Administrator Full powers All cases of more than Rs. 1,000 will be reported to the Board.
S.E. Up To Rs. 10,000 in a year
XEN. Upto Rs. 500 in a year
13. Sanction of payment under Workman's Compensation Act C.E. Full powers subject to the advice of Legal Assistant being first obtained.
14. To accord sanction of expenditure on ceremonies connected with laying of foundation stones and opening of Board's buildings Chief Administrator Full powers Chief Administrator would give full consideration to the recommendations and proposals of the Chairman of Housing Board in the organisation of ceremonies and functions.
15. For fixing reserve stock limit. Chief Administrator Full powers
16. Grant of extension of time for completion of works. S.E. Full powers for works costing upto Rs. 20 lacs Reasons for extension in time be reported to the Board in respect of all cases, preceding the meeting.
C.E. Full powers with prior costing upto Rs. 20 lacs.
17. To make advance payment of electricity supply undertaking under Indian Electricity Act, 1910 for the execution of work. XEN. Full powers with prior approval of Chief Engineer.
18. To accord sanction to journey beyond jurisdiction. Chief Administrator Full powers
19. To accord sanction to recruitment/termination of work-charged staff for the posts mentioned in the schedule of rates. C.E. Upto scale with maximum of Rs. 1,000 per month subject to the following conditions :- (i) Provision exists in the sanctioned estimates to cover the cost of such establishment.
(ii) Order to commence the work have been received from competent authority.
(iii) Necessary funds either already exist or have been provided for by the competent authority.
(iv) The pay and allowance of such posts shall not exceed the prescribed rates in case where such rates have been differently laid down by the higher authority.
S.E. Upto scale with maximum of Rs. 400 per month subject to the conditions as above.
XEN. Upto scale with maximum of Rs. 200 per month subject to the conditions as above. Position about the recruitment/termination of work-charge, work-charged staff for each quarter should be reported to the Board.
20. To recruit/terminate muster roll. Assistant Engineer Full powers for labour to be employed for execution of works departmentally at the rate of wages mentioned in C.S.R. or approved fixed by the D.C. of the District subject to the condition that prior approval of employment of such labour alongwith wages proposed to be paid is obtained from the Executive Engineer.
21. To sanction repairs and carriage estimates of tools and plants S.E. Full Powers Full powers at rates within the Schedule of rates plus premium sanctioned from time to time.
XEN. Rs. 1,000 in each case
A.E. Rs. 25 in each case
22. To sanction cartage and handling of stock material chargeable to stock. XEN. Full powers Provided that increases are absorbed within 6 months from the date of increase.
23. To sanction purely temporary increase or to sanction decrease of the reserve stock limits of a Division C.E. Full powers Copies of orders, sanctioning the revised limits are endorsed to the Board and the limits not raised within six months from the date of increased that in the case of decrease copies of orders sanctioning the revised limits are endorsed to the Board and the limits not increases within six months from the date of decrease.
S.E. Upto 50 per cent
XEN. Upto 20 per cent
Provided further that these powers should be exercised only in consultation with Chief Administrator and Accounts Section.
24. To sanction sale of articles on the stock accounts for full value plus usual charges of 10 per cent. C.E. Rs. 50,000
S.E. Rs. 5,000
XEN. Rs. 5,000
Provided that -
(i) These powers will only be exercised for sale of material to Government and Semi-Government institutions and to such consumer who might need it in connection with the completion of their work under the Board.
(ii) The addition of 10 per cent may, however, be waived by the authority empowered to sanction the sale in the case of stock declared surplus by competent authority and which in his opinion would otherwise be unserviceable.
Provided further that the article of essential commodities or controlled articles shall not be sold by the S.E. and the Xen.
Provided further that these powers should be exercised in consultation with Chief Administrator and Accounts Section.
25. (i) Disposal of material borne on books without value by auction or by calling bids.

(ii) Disposal of surplus, unserviceable obsolete material/T. and P. articles borne on books with value :-

(a) To declare stores/T. and P. articles surplus, unserviceable or obsolete and to fixed their resale prices and to prescribe the mode of disposal

 C.A. Full powers
C.E. Full powers
S.E. Rs. 5,000 (New)
XEN. Rs. 1,000 (New)
C.A. Rs. 25,000 Provided that provisions of para 440 of the Punjab P.W.D. Code are complied with and it is certified that the material declared surplus will not be required to their resale prices for the execution of any of the Board's works in the forceable mode of disposal future and the material declared as unserviceable or obsolete is beyond repairs or renovation.
C.E. Rs. 10,000
S.E. Rs. 5,000
XEN. Rs. 1,000
Secy. Rs. 1,000
(b) To dispose of material, T. and P. articles declared surplus, unserviceable or obsolete and sanctioning is not loss therein, if any C.A. Rs. 15,000 in each case The cases exceeding this amount as also where, Store Purchase Committee is not unanimous or the highest bid proposed to be accepted, whatever be the reason referable to the Board. The Authorities sanctioning the write-off shall satisfy themselves that the loss has not resulted from excess or injudicious purchase of stores.
C.E. Rs. 10,000 in each case
S.E. Rs. 5,000 in each case
XEN. Rs. 1,500 in each case
Secy. Rs. 1,500 in each case
While exercising the powers, the following points must also be kept in view :- (a) Reserve price should be fixed in accordance with the rules laid down by the Board.
(b) Material should be disposed of according to the prescribed procedure.
(c) The Board would be informed of the items disposed off whether with their value.
26. To sanction the sale of grass, trees or other produce in the Board's lands C.E./S.E. Full powers
XEN. Rs. 500
27. To sanction dismental of temporary buildings and structures when the purposes for which the construction was undertaken had been fulfilled. C.E. Full powers
S.E. Rs. 5,000
XEN. Rs. 2,000
28. To sanction the writing off finally of the irrecoverable value of fraud or the negligence of individuals or other causes. C.E. Rs. 5,000 In each case provided that :- (a) The loss does not disclose defect of authority or serious negligence on the part of some individual which might possibly call for disciplinary action requiring the order of higher authority.
S.E. Rs. 500
(b) A report of all such cases is sent to the Board.
29. To write off articles of T&P Office furniture rendered unserviceable through wear and tear the original purchase value of the articles being Estimated if not known. C.A. Rs. 10,000 Provided that the loss is not caused due the negligence and carelessness of the employees.
C.E. Rs. 10,000
S.E. Rs. 5,000
XEN. Rs. 1,500
Secy. Rs. 1,500
30. To write of actual losses of stock and T&P articles. C.E. Rs. 1,000
S.E. Rs. 500
XEN. Rs. 200
Secy. Rs. 200
31. To sanction write off of books lost or rendered unserviceable in their own and in subordinate offices, if any. C.E. Full powers
S.E. Full powers
XEN. Rs. 20 in each case
Secy. Rs. 20 in each case
32. To write off irrecoverable items outstanding in miscellaneous advances C.A. Upto Rs. 1,000 in each case in consultation with C.A.O. Provided that the amount has been outstanding for more than 5 years and is further declared as irrecoverable.
*[33. Contingencies Board Full Powers
Chairman Upto Rs. 3 lacs
Chief Administrator Upto Rs. 1 lac
Other Officers of the Board As per powers contained in P.F.R.]

* Substituted vide Notification published in Haryana Gazette Part III dated 26.4.1988 Page 119.

** Substituted vide Haryana Government Gazette Part III Dated 6.11.1990 Page 293.