Statute, 2014

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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VIII

Blada Byose-2017 22- A& IX X Blada Byose-2017 XI 25- A& 26- A& 27- A& Blada Byose-2017 XII Blada Byose-2017 35- A& Blada Byose-2017 Memorandum of Association of the Bihar Local Area Development Agency Blada Byose-2017 Memorandum of Association

1. The name of the Society will be "Bihar Local Area Development Agency" Which may also be known as "Bihar Sthaniya kshetra Vikas Abhikaran" or "BLADA"

2. The Registered Office of the Society shall be at Patna (Bihar)"

3. The area of operation of the Agency shall be the whole of India.

4. Objectives and functions a) To provide technical support in designing, estimating and implementing miscellaneous local area development schemes especially Mukhyamantri Kshetra Vikas Yojana, Member of Parliament Local Area Development Schemes and other Schemes implemented by state government.

b) To prepare model design and estimates of different types of schemes as required for proper implementation of schemes.

c) To prepare local area plans of different habitations, villages, panchayats, blocks, districts and other geographical areas.

d) To prepare MIS (Management Information System) for proper Monitoring of Schemes. e) To prepare GPS (Global Positioning System) based maps and plans. f) To render assistance to districts in preparing the estimates and executing development work as per direction of government.

g) To draw, disburse and manage funds of the organization.

h) To execute the projects cleared by the competent authority of state government. i) To oversee and inspect or arrange to inspect through independent Monitors, the execution of development works cleared by state government.

j) To monitor the progress of the development works with particular reference to the time frame for completion, technical specifications, project appraisal and quality control methods.

k) To co-ordinate the functioning of the computer-linked On-Line Management and Monitoring System among the districts, state servers/computers. l) To send periodic reports to the state government on the progress of implementation of development works by the Agency.

Blada Byose-2017 m) To take up developmental works of non-governmental organization/agencies and individuals.

n) To participate in tender to procure orders to take up developmental and construction works.

o) To establish and run Engineering material testing and quality control laboratories. p) To take up research activity including execution of pilot projects. q) To study and evaluate different technologies and to take up pilot projects involving different technologies.

r) To enter into collaboration with institutions, other agencies or bodies of repute, both national and international, in respect of government development programme. s) To arrange suitable training programmes for personnel connected planning and implementation different development programmes.

t) To open and run institutions for training/skill development related to construction workers, contractors, engineers, construction Managers and other similar personnel. u) To advise on measures to improve the quality and cost-norms of the development programme.

v) To publish books, literature; take up or arrange the production of publicity material (print, audio or audio-visual) w) To organize and sponsor workshops, seminars, exhibition to promote local area planning, reconstruction or such other related issues.

x) To purchase, lease or hire equipments and machinery including vehicles. y) To raise fund through grant from state and central government and contribution through other sources.

z) To undertake socio- economic activities in the field of education, health, nelief, disaster management, women empowerment and others.

aa) To undertake activities to promote scientific temper, technological skills, creativity and innovation in society.

bb) To acquire through purchase, acquisition or lease or to alienate through sale or lease or put on mortgage immovable properties with prior permission of government. cc) To take up such activities as directed by state government from time to time. Blada Byose-2017 dd) To take up such activities as necessary to implement its objectives.

5. Pursuant to The aforesaid objectives, the agency

(i) Shall be a not for profit organization and the surplus of fund accrued to the organization shall not be distributed to any person or organization as dividend or profit.

(ii) Shall be a compact, professional and multi-disciplinary body and the personnel will be obtained on ex-officio/deputation basis or appointed on contract basis. There will be on permanent appointments to the BLADA.

(iii) Will engage Quality Control Monitors from different disciplines, on part-time basis, for some days in a month, to serve as independent monitors.

(iv) May do all such other acts and things, either alone or in conjuction with other organizations or persons, as the BLADA may consider necessary, incidental or conducive to the attainment of the objectives mentioned above.

6. The Designation of the members of the Executive Committee to whom by the Bye-laws of the society, the management of the affairs is entrusted and set out hereunder :- Sl.

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Designation Principal Secretary/Secretary, Department of Planning & Development, Government of Bihar President Principal Secretary/Secretary, Finance Department, Government of Bihar Member Principal Secretary/Secretary, Road Construction Department, Government of Bihar Member Principal Secretary/Secretary, Water Resources Department, Government of Bihar Member Principal Secretary/Secretary, Rural Works Department, Government of Bihar Member Principal Secretary/Secretary, Panchayati Raj Department, Government of Bihar Member Principal Secretary/Secretary, Public Health Engineering Department, Government of Bihar Member 8 All Engineers of the rank of Chief Engineer and above in the Agency Member 9 Chief Executive Officer, BLADA Member-Secretary Blada Byose-2017

7. We, the several members, whose names and addresses are given below, having associated ourselves for the purpose described in this Memorandum of Association, do hereby subscribe our names to this Memorandum of Association and set out several and respective hands hereunto and form ourselves into a Society under the Societies Registration Act 1860 on this day.

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Name Name Occupation and Address Signature WITNESSES :

Certified that I know the above persons who have made their signatures in my presence :- Blada Byose-2017 Bye-laws of the Bihar Local Area Development Agency (BLADA), Patna

1. Short title and commencement a. The Bye-laws be called the Bye-laws of the Bihar Local Area Development Agency. b. These Bye-laws shall come into force from the date on which the Agency, namely the Bihar Local Area Development Agency, is registered under the Societies Registration Act,

2. Definitions a. 'Agency' means the Bihar Local Area Development Agency also known as Bihar Kshetriya Vikas Abhikaran or BLADA.

b. 'General Body' means the General Body of the Bihar Local Area Development Agency. c. 'Chairman' means the 'Chairman' of the General Body of the Bihar Local Area Development Agency.

d. 'President' means the President of the Executive Committee of Bihar Local Area Development Agency.

e. 'Member-Secretary' means the 'Chief Executive Officer' of the Bihar Local Area Development Agency.

f. "Department" means the Department of Planning and Development, Govt. of Bihar. g. 'Year' means, unless the contet otherwise requires, the financial year of the Government of Bihar.

h. 'Government' means Government of Bihar.

3. Member of the Agency Members of the agency shall comprise of persons generally notified as ex-officio members only. The Chairman may from time to time associate special invitees who can be experts of different subjects within scope of Authority.

4. Termination of ex-officio membership Where a person becomes a member of the Agency by virtue of the office or appointment which he/she holds, his/her membership of the Agency shall stand terminated when he/ she ceases to hold that office or appointment.

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5. Termination of membership of others Membership of Authority, other than ex-officio members, shall stand terminated on the happening of any of the following events :- a. On the expiry of the period of membership for which nominated; b. Death, resignation, insolvency, lunacy or conviction for a criminal offence involving moral turpitude.

c. When a member does not attend three-consecutive meetings of the General Body without proper leave of absence or when the Department so decides.

6. Terms of Membership a) Subject to the other provisions, a member of the Agency, other than an ex-officio members, shall hold office for a period of two years from the date of his nomination and shall be eligible for re-nomination by the Chairman with the approval of Government. b) If a casual vacancy exists during the two year period, such a vacancy shall be filled in like manner as the original vacancy and the admitted member shall hold office for the unexpired portion of the term.

7. Resignation When a member (other than ex-officio member) desires to resign his/ her membership of the Agency, he / she shall forward his / her letter of resignation to the Chairman.

8. Validation of Acts The Agency shall function not with standing any vacancy in any of its bodies and no act, direction or proceeding of the Agency shall be invalid merely by reason of such vacancy or any defect in the appointment of any of its members.

II. Authorities of the Agency

9. Authorities The following shall be the authorities of the agency:

a. General Body c. Chairman d. President Blada Byose-2017 III. General Body

10. There shall be a General Body of the Agency and it shall be composed of all the members of the Agency. Following persons Shall be the members of the General Body : Sl.

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Designation Minster, Department of Planning & Development, Government of Bihar Chairman Principal Secretary/Secretary, Department of Planning & Development, Government of Bihar Member Principal Secretary/Secretary, Finance Department, Government of Bihar Member Principal Secretary/Secretary, Road Construction Department, Government of Bihar Member Principal Secretary/Secretary, Water Resources Department, Government of Bihar Member Principal Secretary/Secretary, Rural Works Department, Government of Bihar Member Principal Secretary/Secretary, Panchayati Raj Department, Government of Bihar Member Principal Secretary/Secretary, Public Health Engineering Department, Government of Bihar Member All Engineers of the rank of Chief Engineer and above in the Department Member Representatives of two organizations imparting teaching in Member Two persons of repute having experience of working in the Sector of Local Area Planning or construction Member 12 Chief Executive Officer, BLADA Member-Secretary The nominated members of the Agency shall be nominated by the Chairman after approval of the government.

11 General Body The General Body shall meet normally once in 6 months but at least once every year, on such date, time and place as may be determined by the Chairman. It shall also be open to the Chairman to call for an Extraordinary Meeting.

12. Meeting of General Body a. All Meetings of the General Body shall be called on by the Chairman by Notice in writing by and under the hand of the Member-Secretary.

Blada Byose-2017 b. Every Notice calling a Meeting of the General Body shall state the date, time and Place of the Meeting and Shall be delivered or send by post to every Member of the Agency normally 15 clear days before the day appointed for the meeting. In special circumstances, a meeting of the General Body may be called at a notice shorter than 15 days.

c. Any inadvertent omission to give notice to or the non-receipt or late receipt of notice by any Member shall not invalidate the proceedings of the Meeting and proof that the envelope containing such notices was properly addressed and duly posted will be sufficient proof of such notice.

d. A quorum of one third or at least 5 (five) members would be required for a meeting of the General Body. If the quorum is not fulfilled, the General Body meeting can be called at short notice of at least three days in which no quorum would be needed.

13. Function and Powers of the General Body The General Body shall have the following powers and functions, namely to :- a. Give over-all policy guidelines and directions for the efficient functioning of the Agency, b. Consider the Balance Sheet and Audited Accounts for the previous financial year. c. Approve the Annual Report of the Agency.

d. Add and amend the Bye-laws of the Agency.

e. Frame Rules and Regulations, not inconsistent with the objectives of the Agency, for the smooth conduct of the business of the Agency.

f. Delegate such of its powers to other authorities of the Agency as it may consider necessary and proper.

14. Constitution of Executive Committee There shall be an Executive Committee of the Agency which shall comprise of the following members :- Sl.

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Occupation/Address Designation 1 Principal Secretary/Secretary, Department of Planning & Development, Government of Bihar President Blada Byose-2017 2 Principal Secretary/Secretary, Finance Department, Government of Bihar Member 3 Principal Secretary/Secretary, Road Construction Department, Government of Bihar Member 4 Principal Secretary/Secretary, Water Resources Department, Government of Bihar Member 5 Principal Secretary/Secretary, Rural Works Department, Government of Bihar Member 6 Principal Secretary/Secretary, Panchayati Raj Department, Government of Bihar Member 7 Principal Secretary/Secretary, Public Health Engineering Department, Government of Bihar Member 8 All Engineers of the rank of Chief Engineer and above in the Agency Member 9 Chief Executive Officer, BLADA Member-Secretary

15. Meeting of the Executive Committee The Executive Committee shall meet as often as is necessary but at least once in three months.

16. Notice for Meetings a. All meetings of the Executive Committee shall be called by notice in writing by and under the hand of the Member-Secretary.

b. Every notice calling a meeting of the Executive Committee shall state the date, time and place of the meeting of the Executive Committee normally seven clear days before the day appointed for Meeting.

c. The President may, in special circumstances, call a Meeting, at a notice shorter than seven days.

d. Any inadvertent omission to give notice to or the non-receipt or late receipt of notice by any member shall not invalidate the proceedings of the meetings.

17. Functions of Executive Committee The powers and functions of the Executive Committee shall be as follows: a. Subject to the general control and supervision of the General Body, the Executive Committee shall generally pursue and carry out the objectives of the Agency as set forth in the Memorandum of Association.

b. The Executive Committee shall exercise all executive and financial powers of the Agency, subject to such directions as may be issued by the Government of India, the Government of Bihar & The General Body of the Agency, from time-to-time. c. In particular and without prejudice to the generality of the foregoing provisions, the Executive Committee shall have the power to :- Blada Byose-2017

(i) Prepare and execute detailed plans and programmes for the furtherance of the objectives of the Agency.

(ii) Consider the annual and supplementary budget placed before it and pass them with such modifications as may be deemed necessary, for submission to the General Body,

(iii) Approve the Prepared Annual Plan,

(iv) Get the annual accounts audited and prepare annual accounts and annual reports of the Agency for the consideration of the General Body.

(v) Outsource the works of the Agency as per need,

(vi) Monitor the progress of programmes and schemes of the Agency,

(vii) Appoint Independent Monitors to inspect and report on the quality of the programmes,

(viii) Take-up research activities relating to rural roads/other government development works, including execution of pilot projects by appropriate technical institutions,

(ix) Engage the services of technical experts as and when necessary on outsource basis.

(x) Arrange suitable training programmes for officers of the Agency connected with the implementation of the schemes in reputed institutions.

(xi) Receive and to have custody of the funds of the Agency and manage the property of the Agency,

(xii) Incur expenditure, subject to the provisions of the approved budget,

(xiii) Enter for, and on behalf of the Agency, into agreements,

(xiv) Lay down terms and conditions governing scholarships, deputations, consultancy, grants-in-aid, research schemes and projects,

(xv) Enter into arrangements with the Government, of Bihar and, through the Government with national and state level agencies and organizations, and other public or private bodies or individual, in furtherance of the objectives of the Agency,

(xvi) Appoint sub-committees and panels consisting of persons who may or may not be the members or employees of the Agency to deal with any matter and make recommendations thereon,

(xvii) Appoint Officers including technical and other staff. However, no post shall be sanctioned in the Agency without prior approval of State Government,

(xviii) Make deposits in scheduled commercial banks,

(xix) Open branch offices as per necessity of work,

(xx) Consider any other matter deemed fit by the President.

The Executive Committee may delegate any of its powers to the Secretary or any officer of the Agency.

Blada Byose-2017 V. Chairman

18. Functions and power of the Chairman a. Minister, Department of Planning & Development, Government of Bihar shall be the ex-officio Chairman of the Agency, b. Chairman shall preside over all meeting of General Body, c. In case, the votes for and against a particular issue are equal; the Chairman shall exercise his casting vote.

d. The Chairman shall be entitled to invite any other person to attend the meetings of the Agency but such person (s) shall have no power of voting. e. The Chairman shall exercise the powers of the general body of the Agency in the interregnum between two meetings of the General Body. All decisions taken by the Chairman, acting in such capacity, shall be placed in the next Meeting of the General Body for ratification, f. The Chairman may, in writing, delegate such of the powers to any authority, as he may consider necessary.

g. All appointments of officers including technical not below the rank of Assistant Engineer and equivalent either on deputation or on contract basis shall have to be approved by the Chairman.

VI. President

19. Functions and power of the President a. Principal Secretary/Secretary shall be the President of the Executive Committee, b. He shall preside over the meetings of the Executive Committee, c. The President shall be the Appointing Authority for all the posts sanctioned by the Executive Committee on deputation, contract or part-time basis to the Agency, d. The President shall be entitled to invite any other person to attend the Meetings of the Executive Committee, e. The President shall exercise all financial and administrative powers as decided by the Executive Committee, f. The President shall exercise the powers of the Executive Committee of the Agency in the interregnum between two Meetings of the Executive Committee. All decisions taken by the President, acting in such capacity shall be placed in the next Meeting of the Executive Committee for ratification.

VII. Member-Secretary

20. Functions and power of the Member-Secretary a. Chief Executive Officer, BLADA shall be a full time officer appointed by the Government, who will work as the Member-Secretary of the General Body and Executive Committee of the Agency. In case of the absence or leave, any officer not Blada Byose-2017 below the rank of Joint Secretary of Chief Engineer may be appointed as Member- Secretary by the Chairman till such time Government makes appointment. b. The Member-Secretary shall be in-charge of day-to-day activity of the Agency. c. He shall be responsible to ensure that the affairs of the Agency are run efficiently and in accordance with the provisions of the Memorandum of Association, Rules and Regulations and bye-laws of the Agency.

d. The Member-Secretary may call a meeting of the General Body/Executive Committee in consultation with Chairman/ President.

e. The Member-Secretary shall exercise such financial powers to implement schemes as are delegated by the Executive Committee.

f. The Management and control of the day-to-day administration of the Agency shall vest with the Member-Secretary.

g. The Member-Secretary shall supervise and monitor the operations, banking, accounts and finance activities of the Agency.

h. The Member-Secretary shall get the annual accounts compiled and get the internal and statutory audit conducted in the time and ensure that the issues raised in audit are resolved. He shall present the annual accounts and audit report to the Executive Committee and General Body.

i. The Member-Secretary shall monitor the progress of various schemes implemented by Agency. For this purpose he shall put in place an MIS system and keep it up to date as per needs of the Agency.

j. The Member-Secretary shall monitor the implementation of schemes especially with respect to quality and completion in time and take necessary steps in this regard to ensure timely completion with quality.

k. Arrange suitable internal and external training programmes for officers of Agency and the department of Bihar, with view to achieve the objective of the Society. l. Outsource those activities as sanctioned by the President and ratified by the Executive Committee.

m. The Member-Secretary and other officers may exercise financial powers up to the limit sanctioned by Executive Committee.

VIII. Funds of the Agency

21. Funds of the Agency The funds of the Agency shall consist of the following :- a. Grants received from the, Government of India.

b. Fund received from the State Government.

c. Accruals from the activities of the Agency.

d. Loan from banks/financial institutions.

e. Donations from individual/Institutions.

f. Other funds such as interest etc. received by the Agency. Blada Byose-2017

22. Operation of the Fund The fund of the Agency may be kept in any scheduled commercial Bank as approved by Executive Committee. The accounts will be operated by the officers authorized by Executive Committee.

IX. Audit of Accounts

23. Procedure a. The Agency shall cause regular accounts to be kept of its transaction. The Accounts shall be maintained in such form as acceptable to the Government of India and the Government of Bihar. However the controlling officer of all PIUs / works divisions shall be accountable to furnish all periodic/ yearly accounts / records to headquarter/administrative office or as per direction of BLADA in prescribe manner within time.

b. The Accounts of the Agency shall be audited annually by a Chartered Accountant and the Officers of the Comptroller & Auditor General of India. c. The Charted Accountant and the officers of the Comptroller & Auditor General of India shall have the right to demand the production of books, accounts, connected vouchers and other necessary documents and papers.

d. The results of audit shall be communicated by the auditor to the General Body of the Agency, who shall submit a copy of the Audit Report along with its observations to the Ministry/Department in the Government of India/Government of Bihar, dealing with the Agency. The Auditor shall also forward a copy of the report direct to the Ministry/State Government Department dealing with the Agency.

24. Procedure The Annual report of the working of the Agency and all works undertaken during the year, together with Balance Sheet and Audited Accounts, shall be prepared by the Executive Committee for information of the General Body and the Department. A draft of the Annual Report along with the Audited Accounts of the Agency, and the Auditor's Report thereon shall be placed before the General body in its Annual Meeting. XI. Amendments

25. Alteration or Extension of the Purpose With prior approval of the Department, the Agency may after, extend or abridge the purpose for which it is established, or, to amalgamate the Agency either wholly or partly with any other Agency in accordance with the provisions of the Societies Registration Act, 1860 as applicable to Bihar.

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26. Alteration or amendment of Rules The Rules of the Agency may at any time be altered by a Resolution passed by a majority of the members of the General Body, present and voting, at a meeting of the General Body convened for the purpose.

27. Change of Name of the Agency The Agency may with prior approval of the department change its name by a resolution passed by a majority of the members of the General Body, present and voting, at a meeting of the General Body convened for the purpose.

28. Change in Nomenclature of the Departments etc.

As and when, there is any change in the nomenclature of Department(s), institution(s) and Ministries etc. designation (s) mentioned in the Rules, such change(s) shall automatically stand incorporated in these Rules and it shall not be treated as an amendment of the Rules.

29. Winding up or dissolution If, on the winding up or dissolution of the Agency there shall remain, after the satisfaction of all its debts and the Agency liabilities, any property whatsoever, the same shall not be paid to, or distributed among, the Members of the Agency or any of them in any manner, but shall accrue to the Government of Bihar by escheat. XII. Miscellaneous

30. Bonding The department may give such direction to the Agency which is deemed necessary for smooth functioning and achieving objectives entrusted to it. Such directions shall be binding on the Agency.

31. Indemnity Every officer of the Agency shall be indemnified out of the funds of the Agency against all losses and expenses incurred in the discharge of his duties except such as shall happen through his/her own neglect, willful act or default and such one shall be answerable/accountable only for his/her own acts, neglect or defaults and not for those of any other person.

32. Submission of Annual list of Member's to Registrar Once in every year a list of members of the General Body shall be filed with the Registrar of Societies (Bihar) required under Section 4 of the Societies Registration Act, Blada Byose-2017

33. Legal Proceedings The Agency may sue or be sued in the name of the Member-Secretary, BLADA as per provision laid down under Section-6 of the Societies Registration Acts 1860.

34. Applicability of Act All the provisions of the Societies Registration Act, 1860 amended up to date, as applicable in the State of Bihar, will apply to this Agency.

35. Dissolution In case, found necessary, the Agency can be dissolved on the directions of the state government as per the provisions laid down under Section 13 & 14 of the Societies Registration Act, 1860.

Certified that this is the correct and amended copy of the Bye-laws of the Society Blada Byose-2017 lsok esa] fo"k;% A egk'k;] ¼ ½