Amendment status not verified — confirm the current text below against the official source.
Every Town and Country Development Authority shall be a body corporate by the name specified in the notification under section 40, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or any rules made there under, to transfer any property held by it, to contract and to do all other things necessary for the purposes of this Act and may sue and be sued in its corporate name. *42.(1)Save as provided in section 42-A, every Town and Country Development Authority shall consist of the Chairman and other members not exceeding twelve to be appointed by the State Government: Provided that, whenever it is expedient to ensure the efficient performance of the functions assigned to the Town and Country Development Authority, the State Government may appoint one or more persons as its Vice- Chairmen and where more than one person is appointed as Vice -Chairman one of them shall be designated as Senior Vice- Chairman; Provided further that the State Government may, if it considers it necessary so to do, constitute a single member Town and Country Development Authority. (2) The Chairman and in the absence of the Chairman the Senior Vice Chairman, and in the absence of both the Chairman and Senior Vice Chairman, the Vice Chairman, shall preside over the meeting of the Town and Country Development Authority constituted under sub-section (1). The Senior Vice Chairman and Vice Chairman shall in relation thereto, exercise such powers and perform such functions as the Chairman may assign to them. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1995 (Act No.7 of 1995). Establishment of Town and Country Development Authority Incorporation of Town and Country Development Authority Constitution of Town and Country Development Authority 30 *42-A Constitution of Town and Country Development Authority for the Capital Town of Himachal Pradesh.- (1) Notwithstanding anything to the contrary contained in Section-42, the Town & Country Development Authority for the capital town of Himachal Pradesh shall consist of the Chairman, Vice Chairman and eight other members to be appointed by the State Government. (2) The Chief Minister and the Minister-in-Charge of Town and Country Planning, shall be the ex-officio Chairman and Vice-Chairman of the Town and Country Development Authority constituted under sub-section (1) and for the discharge of their duties as such they shall not be entitled to any emoluments and in relation to them the provisions contained in section 43 sub-section (3) of section 44, section 45 and section 46 will not operate. Provided that during the period of any proclamation issued under Article 356 of the Constitution of India the Governor, may, by notification, appoint any person to act as the Chairman and the Vice Chairman of the Development Authority constituted under this section and the persons so appointed shall exercise the powers vested in them and perform the functions assigned to them under the Act during the period the said proclamation issued under Article 356 continues to be in force and the provisions contained in section 43, 44 (3), 45 and 46 shall apply to them. (3) In the absence of the Chairman, the Vice Chairman shall preside over the meetings of the Town and Country Development Authority constituted under this Section and shall, in relation thereto, exercise powers and perform such functions as the Chairman may assign to him. 43.(1)The names of the Chairman *Vice-Chairman and the members shall be notified in the Official Gazette. (2) The term of office of the Chairman *Vice-Chairman and the members shall be such as may be prescribed. (3) The person ceasing to be a Chairman, *Vice-Chairman or member by reason of the expiry of his term of office, shall if otherwise qualified be eligible for reappointment. 44.(1)Every person becoming a *Vice-Chairman or a Member under Section-42 may at any time resign his office by writing under his hand addressed to the Chairman, and upon receipt of resignation by the Chairman, the office of Vice-Chairman or the Member as the case may be shall become vacant. (2) If the State Government consider that the continuance in office of any Vice- Chairman or any member is not in the public interest, the State Government may make an order terminating his appointment and there-upon he shall cease to be a *Vice Chairman or a member as the case may be of Town and Country Development Authority, notwithstanding that the term for which he was appointed has not expired. (3) In the event of a vacancy occurring in the office of the Chairman, *Vice- Chairman, or any Member, the vacancy shall be filled by the State Government in accordance with the provisions of section-42 and the persons so appointed shall hold office for remainder of the term of his predecessor. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1995 (Act No.7 of 1995). Term of office of Chairman and other members Resignation of Members and filling of casual vacancy 31 **45.(1)The Chairman shall receive such salary and allowances and shall be subject to such terms and conditions of service as may be prescribed. (2) The Senior Vice-Chairman, Vice-Chairman and Members shall be paid such allowances as may be prescribed. 46.(1)The State Government may grant leave to the Chairman subject to such terms and conditions as may be prescribed. **(2) Whenever the office of the Chairman, falls vacant on account of leave under sub-section (1), the Senior Vice Chairman or whenever the offices of the Chairman and the Senior Vice-Chairman falls vacant, on account of leave the Vice-Chairman shall act as the Chairman. 47.(1)The meetings of the Town and Country Development Authority shall be held at such time and such place as may be laid down by regulations: Provided that until regulations are made in this behalf such meetings shall be convened by the Chairman. (2) The quorum of meeting shall, unless otherwise provided by regulations, be one third of the total number of members of the Town and Country Development Authority. (3) The Town and Country Development Authority shall make regulations to provide for the conduct of its business. 48.(1)There shall be a **Chief Administrator of every Town and Country Development Authority who shall also act as the *Member Secretary of the Authority. (2) The **Chief Administrator shall be appointed by the State Government