Section 138 in The Bihar and Orissa Local Self-Government Act, 1885
138. Power of State Government to make Rules.
- It shall be lawful for the [State] [Substituted by the ALO.] Government to make rules consistent with this Act, for any District Board or Local Board [or Union Committee] [The words 'or Union Committee' and the words 'and Committee' are repealed for areas in which Part IV of B. and O. Act 3 of 1922, is in force.] for the purpose of-(a)determining the mode and time of [election or co-option of members of Boards or appointment or election of members of Committees] [Substituted by Bihar Act, 140 of 1950 for the words 'appointment dr election of members of Boards and Committees'.], the term of office and the qualifications and disqualifications of such members, and the qualifications and the registration of voters and candidates and generally for regulating all elections under this Act [and determining the authority who shall decide disputes relating to such elections;] [Added to clause (a) of Section 138 by Bengal Act 5 of 1908.](b)regulating the conduct of proceedings the Boards and Committees including the manner in which notices of a meeting shall be given, the fixing of a quorum, the due record of proceedings and the language in which business shall be transacted;(c)[ defining the powers and duties of the Magistrate of the district or the Committees appointed under Section 13-A and of the Chairman and office-bearers of such Committee;] [Substituted by Bihar Act 4 of 1957.][(c-1) prescribing the manner in which, and the maximum number of instalment in which, advances paid to the Chairman or Vice-Chairman for the purpose of purchasing a means of conveyance shall be repaid to the District Board or Local Board; [Inserted by Bihar Act 40 of 1950.](c-2) prescribing the rates at which, and the conditions and restrictions subject to which, an allowance, shall be paid to the Chairman or Vice-Chairman;(c-3) prescribing the scale on which, and the conditions and restrictions subject to which, free residential accommodation shall be made available to the Chairman or Vice-Chairman];(d)regulating the powers of District Board to transfer property;(e)regulating the powers of Boards and Committees to contract and do other things necessary for the purposes of their constitution and the mode of executing contracts;(f)determining the [intermediate] [Substituted for 'Immediate' by Bengal Act 5 of 1903.] offices, if any, through which correspondence between Boards and Committees, or member of Boards and Committees, and the [State] [Substituted by ALO.] Government or [its] [Substituted for 'his' by B. and O. Act 1 of 1923.] officers, shall pass;(g)Prescribing the qualifications of candidates for employment under Section 33, [and declaring what circumstances shall be a disqualification for continuance of employment under the section] [Added by Bengal Act 5 of 1908.];(h)[ prescribing the closing balance to be maintained by a District Board, the statements, accounts, and reports to be submitted to the [State] [Substituted for the original clause (h) by B. and O. Act 1 of 1923.] Government, the date for the preparation of the budget estimate and the particulars to be contained therein;][(h-1) prescribing the conditions on which a house and land may be acquired or on which land may be acquired and a house constructed, by the District Board, for the residence of [an officer or servant of the District Board or, Local Board] [Inserted by Bengal Act 5 of 1908.] and the terms on which [such officer or servant] [Substituted for original clause (b-2) by B. and O. Act 1 of 1923.] may be required to occupy the same;][(h-2) determining the separate heads under which the local cess shall be placed under Section 52] [Inserted by B and O Act 1 of 1923.];[(h-3) prescribing the conditions as regards the rate of interest on, and the period and method of repayment of, loans granted by the District Board or Union Committees or Union Boards under sub-clause (f) of clause seventhly of Section 53;] [Added by Bengal Act 5 of 1908.](i)prescribing forms for statements, estimates and accounts, and regulating the keeping, checking and publication of such accounts and the manner of periodical audit under Sections 54 and 55;(j)regulating the maintenance and [management of schools including technical and industrial schools, libraries, reading-rooms and institutes of physical culture under Sections 62, 63, 63-A and 64] [Substituted by Bihar Act 40 of 1950, for 'management of schools and Sections 62, 63 and 64'.], the construction and repair of buildings connected therewith, and the appointment of masters [assistant masters; technical teachers, librarians, assistant librarians and physical instructors] [Substituted by Bihar Act 40 of 1950 for 'and assistant master'.] and the proper distribution of fund transferred to District Boards under Section 65;[(j-1) prescribing the conditions subject to which grants-in-aid may be made under Section 63 or Section 64-A] [Inserted by Bengal Act 5 of 1908.];[(j-2) regulating the provision, maintenance and management of students, hostels] [Inserted by Bengal Act 5 of 1908.] [and the establishment of scholarships) under Section 64-A;] [Inserted by B and O Act 1 of 1923.][(j-3) prescribing the powers and duties of [Committees appointed by the District Board] [Inserted by Bengal Act 5 of 1908.] and] [regulating the appointment, term of office and removal from office of members of such Committees;] [Inserted by B and O Act 1 of 1923.](k)regulating the control and administration of dispensaries, hospitals and places of reception for the sick, including dispensaries, and hospitals entrusted to a Joint Committee under Section 67-A, the construction and repair of buildings connected therewith, and the supply of medicines and medical assistance for the poorer inhabitants of the district, [the training and employment of compounders, midwives and veterinary practitioners, and the promotion of free vaccination] [Added to clause (k) by Bengal Act 5 of 1908.];(l)[* * *] [The words 'prescribing the procedure to be adopted in the appointment of the Engineer to the District Board under Section 84 and' repealed by Bihar Act 24 of 1948.] regulating the performance and exercise of the duties and powers of [the District Engineer to the District Board] [Substituted by Bihar Act 24 of 1948 for the words 'such Engineer'.] and of the Inspector of Local Works under Sections 85 and 123 respectively;(m)regulating the submission for approval of plans, designs, specifications and estimates under Section 86, [and prescribing conditions precedent to the making of any contribution under Section 79] [Added clause (m) by Bengal Act 5 of 1908.];[(m-1) prescribing, for the purposes of Section 86-A of this Act, the mode of ascertaining the capitalized value of the estimated cost to the District Board of maintaining bridges, roadways or footways, and of renewing any bridge, roadway or footway which requires periodical renewal, and the mode of determining what classes of bridges, roadways or footways require periodical renewal;] [Inserted by Bengal Act 5 of 1908.][(m-2) prescribing for the purposes of Section 86-C, the method in which the proceeds of tolls, or of the lease thereof, shall be adjusted between the District Boards of adjacent districts;] [Inserted by Bengal Act 5 of 1908.][(m-3) regulating the construction, improvement, repair or maintenance of irrigation works and the levy and collection of rates for providing such irrigation facilities under Section 86-N; [Inserted by Bihar Act 40 of 1950.](m-4) regulating the procedure to be followed in registering and taxing carts and carriages under Sections 86-O to 86-W and in collecting and accounting receipts from fees or taxes and prescribing, registering and taxing authorities and forms for the purposes of Sections 86-P and 86-Q.(m-5) prescribing rules for the purposes of giving effect to the provisions of Sections 86-O to 86-W in the following matters, other than the matters specified in clause (m-4), namely-(i)classification of carts;(ii)mode of payment of registration fees and taxes and the procedure to be followed by owners in paying such fees and taxes;(iii)levy and payment of taxes as the proportionate rates for any period not less than a quarter of a year;(iv)authority to be established for collecting such fees or taxes;(v)adjustment of receipts accruing from such fees and taxes between local authorities in the same district or municipalities in the same district;(vi)the manner of displaying registration number;(vii)the manner of publication of orders under Sections 86-O and 86-V];(n)regulating the duties and powers of a District Boards [and Sanitation Committee] [Inserted by Bengal Act 5 of 1908.] in regard to sanitation [and for the prevention of epidemic diseases] [Inserted by the B. and O. LSG (Amendment) Act, 1923 (B and O Act 1 of 1923).];[n-1) regulating the duties and powers of a Public Health Board constituted under Section 91-B;] [Inserted by the B. and O. LSG (Amendment) Act, 1923 (B and O Act 1 of 1923).][* * *] [Clause (o) was repealed by the AO.][(o-1) regulating the duties of District Boards in regard to the relief of famine, serious distress or scarcity;] [Inserted by Bengal Act 5 of 1908.](p)regulating the establishment and maintenance of staging bungalows and sarais, the holding of fairs and exhibitions, the offer of rewards for the destruction of noious, animals, [the establishment and maintenance of veterinary dispensaries, the appointment and payment of qualified persons to prevent and treat diseases, horses, cattle and other animals, the improvement of the breed of horses, cattle or asses and the breeding of mules, the making of grants-in-aid under clause (3-d) of Section 100 of this Act] [Inserted by Bengal Act 5 of 1908.], and the carrying out of any other work likely to promote the health, comfort or convenience of the public;[(p-1) regulating the acquisition, maintenance improvement and management of dairies, agricultural farms and manure pits under Section 100, the construction and repair of buildings connected therewith and the procedure to be followed in collecting and accounting the sale proceeds from such dairies, and pits] [Inserted by Bihar Act 40 of 1950.];(q)[ regulating the powers of Union Committees in regard to primary schools and dispensaries under Sections 112 and 113;] [These clauses (q1) and (q-1) of Section 138 are repealed in areas in which Part IV of B. and O. Act 39 of 1922, is in force.][(q-1) regarding the powers and duties of Union Committees in regard to sanitation, conservancy and drainage under Sections 115 to 118-C (both inclusive), and defining and prohibiting public nuisances with Unions;] [Inserted by Bengal Act 5 of 1908.](r)providing for the appointment and payment of auditors of the accounts of Boards and Committees;(s)affording guidance to District Boards when suits or other proceedings are threatened or have been instituted by or against them in Civil Courts; and(t)[ generally determining the relations between District Boards, Local Boards and Union Committees and for the guidance of Boards and Committees and Government officers in all matters connected with the carrying out of the provisions of this Act;] [Clause (i) is in force in areas in which Part IV of B. and O. Act 3 of 1922, is not in force.](t)[ generally determining the relations between District Boards and Local Boards and for the guidance of Boards and Committees and Government officers in all matters connected with the carrying out of the provisions of this Act;] [Clause (t) is in force in areas in which Part IV of B. and O. Act 3 of 1922, is in force.]and may from time to time repeal or alter such rules.Rules made Under this section shall be published in such manner as the [State] [Substituted by ALO.] Government may direct, and shall thereupon have the force of law [* * *] [The following words repealed by B. and O. Act 1 of 1923 are omitted 'and no rules under clause (a) shall come into operation until three months after they have been published as aforesaid'.].[In making any rule under clause (q-1) of this section the [State] [Inserted by the Bengal Act 5 of 1908 and is repealed in areas in which Part IV of B. and O. Act 3 of 1922 is in force.] Government may provide that a breach of the same shall be punished with fine which may extend to ten rupees,]
