बह

अ

बहार स

(सं

सं

सं0 पटना

टना

टना 761

61)

)

पटन

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fy;s consultancy cktkj nj ij

िनबंधन सं

हार

हार गजट

गजट

असाधारण अंक

सरकार ारा ूकािशत

29 अमहायण

अमहायण

अमहायण 1933

1933

1933 (श0)

ना

ना, मंगल

मंगल

मंगलवार

वार

वार, 20

20 'दस) ब

'दस) ब

'दस) बर 20

2011

la0 18@fofo/k&06&12@2011—12670

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Unz dh LFkkiuk ,oa mls ,d fucaf/kr lkslkbVh ds :i esa

n lkslkbVh lkekU; iz'kklu foHkkx ds v/khu dk;Z djsxh A

fucaf/kr lkslkbVh gksxh A ljdkj }kjk vuqeksfnr lsaVj Q

orandum of Association layXu gSA

lkbVh ds fuEufyf[kr mn~ns'; gksaxs %&

'kklfud ra= dh fcgkj esa etcwrh ds fufeÙk lrr ijk

rj ds fo'ks"kKksa dh ,d ckSf)d fopkjd laLFkk dh LFkkiuk

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dk izca/ku A

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,oa iz'kklu dh lqn`<+hdj.k ,oa ukxfjd lsok iznkrk lsokv

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dkl A

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iznku djuk A

या पी0ट+0-40

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juk A

vksa ds fodkl ds

,oa fØ;kUo;u ds

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;kstukvksa vkfn ds

बहार गजट (असाधारण), 20 'दस) बर 2011

izca/ku dh lajpuk %&

'kklh ifj"kn dk xBu

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eq[; lfpo

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fLFkr fof'k"V 'kS{kf.kd laLFkku

lnL; ¼ljdkj }kjk euksuhr½

egkfuns'kd] CGG

lnL; lfpo

¼[k½- 'kklh ifj"kn~ lq'kklu dsUnz ds n{krkiwoZd dk;Z djus gsrq Memorandum of Association

ds /kkjk 4 ,oa 7 esa varfuZfgr vision ,oa mn~ns'; dh iwfÙkZ gsrq uhfrxr ekxZn'kZu iznku djsxhA

¼x½- bldh cSBd o"kZ esa ,d ckj fuf'pr :i ls gksxh A

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ij fopkj djsxh A

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izca/ku lfefr dk xBu

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consultancy, research vkfn {ks=ksa esa egRoiw.kZ fu.kZ; ysus ds fy, izca/ku lfefr dk xBu fd;k tk;sxk A

izca/ku lfefr ds lnL; fuEu izdkj gksaxs %&

egkfuns'kd] lq'kklu dsUnz &

v/;{k

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jkT; ljdkj ds 'kfDr;kWa %&

lq'kklu dsUnz ds lanHkZ esa jkT; ljdkj dh 'kfDr;kWa fuEuizdkj gksxh %&

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gVkus ds laca/k esa funs'k ns ldrh gSa A

¼[k½- ckW;&ykWt ds en la[;k 12-12 ,oa 12-13 ds v/khu lkSaih xbZ lkslkbVh dks fu;qfDr ,oa lsok

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vuqnku@_.k@nku vFkok vU; izdkj dh lgk;rk A

बहार गजट (असाधारण), 20 'दस) बर 2011

¼v½- Hkkjr esa fdlh Hkh ljdkjh laLFkk ls izkIr vuqnku@_.k@nku vFkok vU; izdkj dh

lgk;rk A

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functional head ds }kjk fd;k tk,xk A

vkns'k%&vkns'k fn;k tkrk gS fd bl ladYi dks fcgkj jkti= ds vlk/kkj.k vad esa izdkf'kr fd;k

tk;A

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vt; dqekj pkS/kjh]

ljdkj ds la;qDr lfpo A

Memorandum of Association

Centre for Good Governance Society (CGG Society)

1. Name of the Society

The name of the Society shall be "Centre for Good Governance Society" (hereinafter

referred to as the "CGG Society"). The Government of Bihar (GoB) sponsors the society.

2. Location and Registered office of the Society

The CGG Society shall have its head office at Patna, Bihar and may establish one or

more branches anywhere in the state; if required .The registered office of the society shall

be located at Bihar Prashasanik Sudhar Mission, Sinchai Barrack No.1, Harding Road,

Patna – 800001.

3. Area of Operation

The area of operation of the CGG Society will extend throughout the state of Bihar.

4. Vision

To provide high quality policy, managerial and capacity building support to Government

of Bihar and its officials to identify, design and spearhead governance reform initiatives

which are inclusive in nature.

5. Scope

The scope of CGG Society is to support on a continuing basis adoption of innovative

mechanisms for governance & administrative reforms by providing

(i) capacity for focused research in best practices & innovation

(ii) identifying expertise for designing reform strategies

(iii) providing support in implementation and monitoring of these strategies.

6. Strategy

The CGG will primarily have the mandate to undertake research, identify and provide

required expert inputs to government departments and agencies to help them implement

their reform agenda successfully.

In order to achieve these objectives the CGG will need to work closely with policy-

makers like ministers, senior officials, management experts, institutions, civil society and

other stakeholders. People centric rules such as citizen charters, scorecards, public

information dissemination systems and more responsive public grievance redressal

systems will feature across CGG’s work

7. Objectives

The CGG Society shall have the following objectives:

बहार गजट (असाधारण), 20 'दस) बर 2011

(i)

Setting up a think tank with prominent national/ international experts for

consistent advice and knowledge development on governance reform /

strengthening in Bihar

(ii) Knowledge management and research on best practices in governance,

administration & service delivery with a focus on innovation

(iii) Providing policy level support to the Government of Bihar in review of and

updating key regulations & policies

(iv) Developing sector/ Department specific strategies to deepen and broad-base

governance & administration in Bihar, with focus on efficiency and

accountability and the overarching objective of pro-poor development

(v)

Designing and implementing / facilitating implementation of key programmes/

initiatives aimed at strengthening governance, administration & improving

citizen service delivery

(vi) Capacity development of key stakeholders involved in governance/

administrative processes based on identified needs

(vii) Keep track of progress (including monitoring & evaluation ‘M&E’ functions) at

a programme as well as project / initiative level

(viii) Undertake Consultancy of projects/ assignments from various departments of

Central and State governments and other independent agencies at market rates.

8. Governing Council and management arrangements

There shall be a Governing Council which shall be the supreme policy making body of

the CGG Society.

The Governing Council of the CGG Society, to whom the management is entrusted, shall

consist of the following members:

Sl.

No.

Occupation

Designation

Chief Secretary, GoB

Chairman

Development Commissioner, GoB

Vice Chairman

Director General (BIPARD)

Member

Finance Secretary

Member

Secretary – General Administration

Department

Member

Faculty

prominent

academic

institutions

IIM(including

prominent

Patna

based

academic

institutions)

Member

Director General & Head, CGG

Member

Secretary

Convenor

9. Founding members and formation of the CGG Society.

The undersigned members, associating themselves for the purpose described in this

Memorandum of Association and desirous of forming themselves into a society are the

founder members of the CGG Society. The members by designation and their successors

shall be treated as founder members in their place.

बहार गजट (असाधारण), 20 'दस) बर 2011

We, the undersigned, whose names occupation and address as given below, do hereby

subscribe our names to this Memorandum of Association and form ourselves into a

society namely, the Centre for Good Governance Society, under the Bihar Societies

Registration Act.1860. We are desirous to form the “Centre for Good Governance

Society”.

Sl. No.

Name and Occupation

Designation

Signature

Chief Secretary, GoB

Chairman

Development Commissioner, GoB

Vice Chairman

Director General (BIPARD)

Member

Finance Secretary

Member

Secretary

–

General

Administration

Department

Member

Faculty

prominent

academic

institutions like IIM(including prominent

Patna based academic institutions)

Member

Director General & Head, CGG

Member

Secretary

Convenor

Bye-Laws

Centre for Good Governance Society

1. Title

These Rules and Regulations shall be called the Bye-Laws of "Centre for Good

Governance Society (CGG Society)".

2. Status of the CGG Society

The CGG Society shall be a juristic person, shall have perpetual succession & seal and

can sue or be sued in its own name through its Member Secretary.

3. General Scope and Application

3.1 These byelaws shall extend to all the units and activities of CGG Society.

3.2 These bye laws shall come into force from the date on which the CGG Society is

registered under the Societies Registration Act. 1860

3.3 The CGG Society shall function under overall administrative control of the GoB.

3.4 GoB shall have absolute & overriding power in respect of Appointment, change &

removal of members as also in formation as also in formation of Committees and

Sub-Committees under the Byelaws mentioned hereinafter.

3.5 The activities and accounts of the CGG Society shall always be open for verification

by the State Government.

3.6 The State Government shall have the power to issue such directions/instructions as

may be deemed necessary in proper functioning of the CGG Society.

4. Definitions

4.1 "Act" means the Societies Registration Act.1860

4.2 "CGG Society" means the Centre for Good Governance Society (CGGS) registered

under the Societies Registration Act, 1860.

4.3 "Chairman" means the Chairman of the Governing Council of the CGG Society.

4.4 "Vice Chairman" means the Vice Chairman of the Governing Council of the CGG

Society.

बहार गजट (असाधारण), 20 'दस) बर 2011

4.5 "Member Secretary" means the Member Secretary of the Governing Council, who

shall also be the Director General of CGG Society.

4.6 “Director-Governance" means the Director-Governance of the CGG Society, who

shall assist the Director General of CGG Society.

4.7 "Management Committee" means the Management Committee of the CGG Society

constituted under these bye-laws.

4.8 “Convener-Management Committee” means the Convener of the Management

Committee who shall be the Director-Governance of CGG.

4.9 “Project” means the CGG activities and any programme which may be assigned by

the GOB to the CGG Society at State or District level.

4.10 Inspector General of Registration means the Inspector General Registration,

Government of Bihar appointed under subsection (1) of section 3 of The Indian

Registration Act 1908 with whose jurisdiction the CGG Society is registered as

society. The term also means and includes any officer of the State Government

authorized to exercise the powers of the IG Registration.

4.11 “State Government" or "GoB" means Government of Bihar.

4.12 "Functional heads" means head of various functional wings of the CGG

4.13 The "Annual Governing Council Meeting" and "Special Governing Council

Meeting" mean such general meetings of the Society as are convened and held

only under the bye-laws of the society.

4.14 The “Meeting" means all meetings other than the Annual and Special General Body

Meetings of the society.

4.15 "Resolution" means a resolution of the society duly passed and adopted.

4.16 The "Seal" means seal of the society.

5. Membership

5.1 Membership of the CGG Society

The membership of the CGG Society consists of the following full members who have

signed the Memorandum of Association of CGG Society. This membership shall be by

virtue of post and shall devolve to their successors.

Sl. No.

Occupation/ Designation

Chief Secretary, GoB

Development Commissioner, GoB

Director General (BIPARD)

Finance Secretary

Secretary – General Administration Department

Faculty of prominent academic institutions like IIM(including prominent Patna

based academic institutions)

Director General & Head, CGG

5.2 Memberships and Term

A person will be appointed or nominated as a member of the CGG Society by virtue of

office held by him and his membership of the CGG Society shall terminate when he

ceases to hold the office and vacancy so caused shall be filled by his successor to that

office. The power to appoint new members shall rest with the General Administration

Department, GoB.

The CGG Society shall function; not withstanding that any person entitled to be member

by reason of his office is not represented on the society for the time being. The

proceedings of the CGG Society shall not be invalidated by the existence of any vacancy

or any defects in the appointment of any of these members.

बहार गजट (असाधारण), 20 'दस) बर 2011

5.3 Termination of Membership

Membership of the CGG Society shall ipso facto terminate if a member

(i)

Dies, or permanently leaves India; or

(ii) Tenders his resignation in writing to the CGG Society or GoB or achieves

superannuation from his services; or

(iii) Is declared insane by a competent authority; or

(iv) Found guilty by any court; or

(v)

By specific orders of GoB; or

(vi) Resolution of majority of members of the Management Committee.

5.4 Register of Members

The CGG Society shall, at all time, maintain and keep available for inspection by

the I.G. Registration, a Register of Members at its registered office, which shall be the

permanent record of the CGG Society and shall contain the names and addresses of the

members, the date on which the member was admitted and the date on which member

ceases to be member. Every member shall sign the Register.

5.5 Change of Address of the Member

If a member of the CGG Society changes his address, he shall notify his new

address to the Member Secretary, who shall thereupon enter his new address in the roll of

members. But if a member fails to notify his new address the address in the roll of

members shall be deemed to be his address.

6. Governing Council

6.1 Member of the Governing Council

The Governing Council of the CGG Society shall consist of all members of the

CGG Society as in section 5.1 and 5.2.

6.2 Meeting of the Governing Council

The CGG Society shall hold a Governing Council Meeting of all its members

once a year within the three months from the end of the financial year and this meeting

shall be called Annual Governing Council Meeting. Provided that for any reason if it is

not practical to Convene the Annual Governing Council Meeting within the aforesaid

period the Management Committee have powers to extend the date of such AGM for a

further period not exceeding three months

6.3 Special Meeting of the Governing Council

In addition to the Annual Governing Council Meeting, a Special Governing

Council meeting may be called at any time on the requisition of the Management

Committee or one third of the total members of the Governing Council. The Special

Governing Council Meeting shall be convened within fifteen days from the date of

requisition.

6.4 Notice of Meetings, of the Governing Council

For every meeting of the Governing Council, a notice of not less than five clear

days specifying the place, date, time and agenda for the, meeting shall be delivered

personally or sent by post to the members of the society. An adjourned meeting can be

called on the notice of at least three days. The notice must indicate the place date and

hour thereof as well as the item of the agenda.

6.5 Quorum for the Meeting of the Governing Council.

The quorum for all Governing Council meeting of CGG Society shall be one third

of the total strength of the members for the proceedings to be validly conducted. In case

the quorum is not met, the meeting will stand adjourned and the Member Secretary must

convene an 'adjourned meeting'. If in the adjourned meeting also, the quorum is not

बहार गजट (असाधारण), 20 'दस) बर 2011

present the members present shall constitute the quorum. The members present at such

'adjourned meeting' may transact the business for which the meeting was called.

6.6 Business of the Governing Council

Every meeting of the Governing Council shall be presided over by the Chairman

or in his absence by the Vice-Chairman or in the absence of both, by one of the other

members, elected by the members present from amongst themselves. Each member

including the member presiding at the meeting of the Governing Council shall have one

vote but the presiding member shall also have a casting vote in addition to his vote as

member, in case of equality of votes. All the matters shall be decided by a majority of

votes.

6.7 Minutes of the Governing Council Meeting

A copy of the minutes of the proceedings of each meeting shall be furnished to

the Governing Council members as soon as possible after the completion of the meeting.

The Chairman or the Member of the Governing Council who chairs the meeting, as the

case may be, shall approve the proceedings of the meeting. Proceedings of every meeting

shall be kept by the Member Secretary and shall be read out at its next meeting and

confirmed by the members present.

6.8 Resolution of the Governing Council

Every resolution of the Governing Council shall be passed by a majority of

members present and voting for the resolution to be valid. In case of expediency, the

Member Secretary of the CGG Society may circulate a resolution for approval and such

resolution shall be deemed to have been passed if a majority of the members approve it,

provided that such resolution so passed by circulation shall be recorded in the

proceedings of the next meeting of the Governing Council. A member can move a

resolution at a meeting of the Governing Council only with the prior permission of the

Chairman.

6.9 Function of the Governing Council

(i)

The Governing Council shall provide overall policy guidance and direction for

the efficient functioning of the CGG Society in fulfilling its vision and

objectives as laid down in Art. 4 and 7 of the Memorandum of Association.

(ii) It shall meet at least once a year, the gap between any two meetings not

exceeding fifteen months.

(iii) It shall consider the Balance Sheet and annual audited accounts of the CGG

Society presented by the Member Secretary along with the remarks thereon by

the Management Committee.

(iv) It shall consider the Annual Report presented by the Member Secretary along

with the .comments thereon by the Management Committee.

(v)

It shall ensure that the CGG Society adheres to the Memorandum of

Understanding/ Agreements, if any, entered with the GoB from time to time.

6.10 Powers of the Governing Council

The Governing Council shall have powers to

(i)

Undertake all activities necessary for the fulfillment of the vision and objectives

as laid down in Art 4 and 7of the Memorandum and Articles of Association.

(ii) Add modify or amend the Memorandum and Articles of Association and these

bye-laws provided that all such additions, modifications or amendments shall

be aimed at promoting the objectives of the CGG Society.

(iii) Approve the Annual Report, Balance sheet and the annual audited accounts of

the CGG Society.

(iv) Approve the appointment of the auditors of the CGG Society.

बहार गजट (असाधारण), 20 'दस) बर 2011

(v)

Delegate to the Management Committee or the Member Secretary any of the

above powers.

7. Management Committee

7.1 Members of the Management Committee

While the Governing Council would meet periodically (say once every quarter) to review

the strategy and performance of the Centre, it is proposed that a Management Committee

also be constituted for reviewing the performance on a more regular basis (say once every

month) and taking key operational decisions in the areas of research, consultancy,

recruitment, procurement etc. The Management Committee shall consist of the following

members:

Sl. No.

Occupation

Designation

Director General & Head, CGG

Chairman

Director-Governance, CGG

Convenor

Deputy Director Finance

Member

Deputy Director Personnel & Administration

Member

7-2 General Meeting of the Management Committee

The Management Committee shall meet as and when necessary with the

permission of the Chairman, for the management of the affairs of the CGG Society,

provided that the Management Committee shall meet at least once in three months.

7.3 Special Meeting of the Management Committee

In addition to the General meetings, a Special meeting may be called at any time

with the permission of the Chairman. The Special meeting may be convened within five

days from the date of requisition, provided further that the Chairman may, whenever

deemed fit, direct the Member Secretary to call a Special Meeting.

7.4 Notice of Meeting of the Management Committee

For every meeting of the Management Committee, a notice of not less than seven

working days specifying the place, date, time and agenda for the meeting shall be given

to all members. If a Management Committee meeting is adjourned due to want of

emergency the Chairman may reduce the above period of notice to such number of days

as he deems fit in the circumstances of the case.

7.5 Quorum for the Meeting of the Management Committee

The quorum for a meeting of the Management Committee shall be not less than 3

members of the Management Committee for a proceeding to be validly conducted. In

case the quorum is not met and the meeting is adjourned, the Convener must reconvene

the adjourned meeting. The members present shall constitute the quorum for any

adjourned meeting of the Management Committee.

7.6 Business of the Management Committee

Every meeting of the Management Committee shall be chaired by the Director

General of CGG or in his absence by the Director-Governance. Each member, including

the member presiding at the meeting of the Management Committee shall have one vote

but the presiding member shall also have a casting vote in addition to his vote as member

in case of equality of votes. All the matters shall be decided by a majority of votes.

7.7 Minutes of the meeting of the Management Committee

A copy of the Minutes of the proceedings of each meeting shall be furnished to

the Management Committee members as soon as possible after the completion of the

meeting. The Chairman or the member of the Management Committee who chairs the

meeting, as the case may be, shall approve the proceedings of the meeting. Proceeding of

बहार गजट (असाधारण), 20 'दस) बर 2011

every meeting shall be properly kept by the Convener and shall be confirmed at its next

meeting.

7.8 Resolution of the Management Committee

Every resolution of the Management Committee shall be passed by a majority of

members present and voting for the resolution to be valid. In case of expediency, the

Convener may circulate a resolution for approval and such resolution shall be deemed to

have been passed if a majority of the members and the Chairman approves it. The

resolution so passed by circulation shall be recorded in the proceeding of the next

meeting of the Management Committee.

7.9 Term of the Management Committee

The term of the Management Committee shall be the term of the CGG Society.

However, the Management Committee shall continue in office till the next Management

Committee comes into existence for the next term by way of reconstitution by the

Governing Council.

7.10 Co-opted members of the Management Committee

The Management Committee shall have the right to co-opt eminent persons/

officials in the field of activities related to the objectives of the CGG Society. The

Management Committee may co-opt a maximum of three members. The co-opted

members shall have a right to participate in the meetings of the Management Committee

but shall not have voting rights and they shall not constitute the quorum. The Chairman

can also invite experienced officials and eminent persons for specific issues to the

meetings of the Management Committee.

8. Functions and Powers of Management Committee

Subject to the provisions of the Memorandum of Association and the Rules, the

Management Committee shall have the control and management of the business and

affairs of the CGG Society and shall have all advisory, executive and financial powers to

conduct the affairs of the CGG Society through its Chairman. All the duties, powers,

functions and rights, whatever, consequential and incidental to the carrying on of the

objectives of the CGG Society shall only be exercised or performed by the Management

Committee.

In particular and without prejudice to the generality of the foregoing provision,

the Management Committee will:

(i)

Consider the annual budget and the annual action plan, its subsequent

alterations placed before it by the member Secretary from time to time and

pass it with such modifications as the Management Committee may think fit.

(ii) Accept donations and endowment or give grants upon such terms and conditions

as it may think fit

(iii) Delegate its powers, other than those of making rules, to the Chairman.

(iv) Appoint committee, sub-committees, expert panels, task-force, working or study

groups and Boards etc. for such purpose and on such terms as it may deem fit

and to remove any of them.

(v)

Set Human Resource Policy including staff positions and salary and incentive

structure of the CGG Society as created and approved by GoB.

(vi) Appoint auditors for auditing the accounts of the CGG Society with the

approval of the Governing Council.

(vii) Ensure that the CGG Society considers any comments made by funding

agencies on the progress in the implementation of the projects sponsored and

funded by them.

(viii) Monitor progress of CGG to ensure achievement of project objectives.

बहार गजट (असाधारण), 20 'दस) बर 2011

(ix) Monitor the financial position of the CGG Society in order to ensure smooth

income flow and to review annual audited accounts.

(x)

Shall have full financial and administrative powers to conduct the affairs of the

society and shall have the right to delegate the same fully or partially as it may

so deem fit.

(xi) Approve the Procurement policy/ norms for the CGG Society.

(xii) Do generally all such acts and things as may be necessary or incidental to

carrying out the objectives of the CGG Society or any of them. Provided that

nothing herein contained shall authorize the Management Committee to do

any act or to pass any bye laws which may be repugnant to the provisions here

of, to the powers hereby conferred on the Management Committee and other

authorities, or which may be inconsistent with the objectives of the CGG

Society.

(xiii) Have power to delegate, all or any of, the powers and functions mentioned

above, fully or partially, to members/officers within the Society deemed fit by

it.

9. Chairman of the Management Committee:

The Director General & Head, CGG shall be the Chairman of the Management

Committee of the CGG Society.

10. Powers and Duties of the Chairman of the Management Committee.

The Chairman shall have power to:

(i)

Call, or ask the Convener-Management Committee to call, a meeting of the

Management Committee at any time and on the receipt of such requisition the

Convener shall forthwith call such a meeting.

(ii) Authorize acquisitions by gift, purchase, lease or otherwise, any property,

movable or immovable, and to construct, operate and maintain any building

for purpose of the CGG Society as deemed appropriate by the Management

Committee.

(iii) Authorize investment of the funds of the CGG Society in such securities and/ or

to sell or transfer such investments in such a manner as the Management

Committee may consider necessary, for the safety and benefit of the CGG

Society and to convert or change such investments, as required by the

Management Committee, subject to the laws applicable.

(iv) Sanction and incur expenditure per instance as may be fixed by the Governing

Council for achieving the objective of the CGG Society.

(v)

Tender & award contracts and incur expenditure on civil works and consultancy

to achieve the objectives of the CGG Society up to the limit as may be fixed

by the Management Committee. He may also delegate all or part of his powers

in this respect to members / officers of the CGG Society as deemed fit by him

by specific order.

(vi) Act upon powers as may be delegated to Chairman by the CGG Society and the

Management Committee.

(vii) Carry out powers and functions of the Management Committee whenever the

exigency so demands and place the action taken before the next meeting of the

Management Committee for ratification.

(viii) Shall have the right to delegate any of the powers vested in his office to the

Convener-Management Committee or any other Member of the CGG Society

deemed fit by him.

बहार गजट (असाधारण), 20 'दस) बर 2011

11. Director General, CGG

11.1 The Director General of the CGG shall be the Member Secretary of the Governing

Council and Chairman of the Management Committee of the CGG Society. His

appointment will be decided by the State Government.

12. Functions & Power of the Director General:

12.1 The Director General shall be the Chief Executive Officer of the CGG Society.

12.2 The Director General shall be responsible for the management of day-to-day affairs

of the CGG Society. He shall have overall responsibility for planning and

executing the work of the CGG Society. He shall be responsible for the

implementation of all the policies laid down by the Governing Council/

Management Committee and shall attend to statutory requirements imposed on

the functioning of the CGG Society.

12.3 The Management and control of the day-to-day administration and control of

finance within sanctioned budgets of the CGG Society shall be vested with the

Director General and through him with the respective functional heads. He/ She

shall function as the controlling authority of all employees of the CGG Society.

12.4 The Director General shall sign or cause to be signed all documents and proceedings

requiring authentication by the CGG Society. The Director General shall also

represent or cause to be represented the CGG Society in business and legal

transactions. He shall receive on behalf of the CGG Society and disburse all funds

of the CGG Society based on instructions from the Management Committee. The

Director General through functional heads will handle necessary documents

including bank cheques and other negotiable instruments on behalf of the CGG

Society, as authorized by the Governing Council of the CGG Society.

12.5 Director General shall appoint bankers of the CGG Society. All funds of the CGG

Society shall be paid into the CGG Society's account with the said bankers.

12.6 The Director General, as Member Secretary of Governing Council, shall, in

consultation with the Chairman, convene the meetings of the Governing Council

at stipulated intervals or otherwise and shall maintain all minutes, records and

registers of the CGG Society.

12.7 The Director General shall also perform such functions as may be delegated to him

by the Chairman, Governing Council and/or Management Committee from time

to time.

12.8 The Director General shall ensure handling of all correspondence on behalf of the

CGG Society.

12.9 The Director General as the Member Secretary of the Governing Council and as

Chairman of the Management Committee shall cause implementation of all the

resolutions passed in the Governing Council and/or Management Committee of

the CGG Society.

12.10 The Director General shall also perform such functions as may be delegated to

him/her by the Chairman, Governing Council from time to time, and

(i)

shall cause to prepare for the CGG Society the Annual Reports and Financial

Statements etc. with due audit.

(ii) shall cause to maintain the accounts, cause due verification of the monthly

transactions and the monthly receipt and expenditure statement, which shall be

put up to Management Committee as required.

(iii) shall cause the physical and financial usage of the funds disbursed by the CGG

Society to the various participating organization and submit a quarterly report to

the Management Committee and GoB.

बहार गजट (असाधारण), 20 'दस) बर 2011

12.11 The Director General will liaison with the State Government, the Government of

India, Department for International Development, Government of United

Kingdom (DFID) and other agencies for any matter pertaining to the operations

of the CGG Society.

12.12 The Director General shall appoint staff for the Society and for the programmes

implemented by the CGG Society based on the positions created and approved by

GoB.

12.13 The Director General shall have powers to take disciplinary actions over any staff

of the CGG Society as per the deputation rules/contract rules.

12.14 The Director General shall sanction and incur expenditure as decided by the

governing body for day-to-day activities, or as delegated by the Management

Committee.

12.15 The Director General shall tender & award contracts and incur expenditure up to a

ceiling as may be decided by GoB, for civil works and consultancies, in line with

the objectives of the CGG Society.

`12.16 The Director General shall perform any of the functions assigned to him by the

Governing Council during the interval between meetings of the Governing

Council whenever it is urgent to do so and place a report in respect thereof, before

the Governing Council for its consideration/ratification.

12.17 The Director General may delegate any of his powers to the Director-Governance,

functional heads and staff of Society for efficient functioning of the CGG Society.

13. Functions & Power of the Director-Governance, CGG:

13.1 The Director-Governance of the CGG shall be the Convener of the Management

Committee of the CGG Society. His appointment will be decided by the State

Government.

13.2 The Director-Governance shall have the following powers:

(i)

As Convener, the Director-Governance shall in consultation with the Chairman

convene all the meetings of the Management Committee

(ii) He/ She shall also maintain minutes and records of the Management Committee

meetings

(iii) The Director-Governance shall perform all tasks as delegated to him by the

Director-General

14. Functions of the Society

14.1 Take all such actions and to enter into all such actions as may appear necessary or

incidental for the implementation, of the project and in particular for the

achievement of the vision and objectives referred in 4 and 7 above.

14.2 Formulate guidelines for implementation of the various programs of the CGG

Society.

14.3 Act as Guardian of Rules and "non-negotiable principles" of the Centre for Good

Governance Society (CGG Society), and enforce the rules and guidelines for the

implementation of its projects.

14.4 Cause creation and development of District Level Societies/ District Units, including

coordinating and guiding their functioning.

14.5 Accept or provide any grant of money, loan, securities or property of any kind and

to undertake and accept the management of any endowment trust, fund or

donation not inconsistent with the objectives of the CGG Society.

14.6 Purchase, hire, take on lease, exchange or otherwise acquire property, movables or

immovable and construct, alter and maintain any building or building as may be

necessary for carrying out the objectives of the CGG Society.

बहार गजट (असाधारण), 20 'दस) बर 2011

14.7 Open a bank account, along with the signatories to the account.

14.8 Receive funds from the State Government or other sources through budget releases

and release money to the District Societies/ District Units based on their

requirement and utilization of funds previously released.

14.9 Incur expenditure after drawing up a budget and with due regard for economy and

propriety.

14.10 Make rules and regulation for the conduct of the affairs of the CGG Society and

odd or amend, vary or rescind them from as and when required.

14.11 Establish its own organization structure offices and employ, retain or dismiss

personnel as required, decide salary benefit structure for the CGG Society.

14.12 Accept, make, enclose or otherwise execute cheques, drafts, receipts, bills of

exchange or other instruments and securities as required for the conduct of the

business of the CGG Society.

14.13 Enter into contracts without a requirement for government approval, other than by

government representatives on the Management Committee and undertake any

legal action that may be necessary to ensure the fulfillment of contracts made

between the CGG Society and others.

14.14 Exercise overall responsibility for management of CGG on behalf of the

Government of Bihar within the framework of project guidelines.

15. Management of the CGG Society

The Management of the affairs of the CGG Society shall be vested with the

Management Committee as enshrined in the Bye laws framed for the purpose.

16. Authority to Correspond

The Director General and Director-Governance of the CGG Society shall be the

authorities to correspond on behalf of the CGG Society. .

17. Power of the State Government

GoB shall have the power to issue any direction as it deems fit to:—

17.1 Alter, add or delete any item of the Memorandum of Association

17.2 Terminate and\or make: an appointment in place of any member of the Society

mentioned under item 12.12 and 12.13 of the bye-laws

17.3 Determine the structure of CGG Society and create staff positions including salary

and incentive structure of the CGG.

The exercise of this power by GoB hereunder shall be final.

18. Funds

The financial year of the CGG Society will be from first day of April to the 31st day of

March of the succeeding year.

For the financial year 2011-12, initial investment and operating cost of CGG shall be

borne entirely by Bihar Prashasanik Sudhar Mission (BPSM) Society. For subsequent

years, GoB’s financial support to the CGG society shall be as decided by the GoB in

consultation with BPSM society.

18.1 The sources of funds of the CGG Society shall consist of the following

(i)

Recurring and non-recurring grants made by GoB and / or the Government of

India for the furtherance of the objectives of the CGG Society;

(ii) Income from investments;

(iii) Grants/ Loan from Department for International Development and other

external funding agencies, other sources through permitted channels.

(iv) Grants, loan Donation or assistance of any kind from foreign Governments and

other agencies with prior approval of the Central/State Government; and

बहार गजट (असाधारण), 20 'दस) बर 2011

(v)

Grants, loans, donation or assistance of any kind from any Government agency

or others in India.

(vi) Revenue from funded projects/ assignments including: (a) assignments from

GoB Departments on cost plus basis and (b) other assignments at market rates

18.2 There shall also be a 'Special fund', which would consist of:

(i)

Such amounts as are received with a specific condition that income thereof

alone shall be used for the purpose of the CGG Society (with the Corpus being

left intact);

(ii) Such other amounts as the Governing Council may decide to divert from the

regular fund to be used in the manner specified in clause (i) above.

18.3 Operation of the Funds and Account:

The bank account of the CGG Society shall be operated by the Director General and one

functional head as decided by the Management Committee.

19. Audit

The Audit year of the CGG Society shall begin on the first day of April and end on the

31st day of March next year.

The CGG Society shall maintain proper accounts and other relevant records as well as

documents comprising the receipt-and payment accounts, statement of assets and

liabilities and balance sheet.

The accounts of the CGG Society shall be audited by a Chartered Accountant, to be

appointed by the Management Committee of the CGG Society. The nature of the audit to

be applied and the detail arrangement to be made in regard to the account and their

maintenance and the presentation of the accounts for audit shall be as per project

guidelines. The Auditor shall also submit a report showing the exact state of financial

affairs of the CGG Society. The copies of the balance sheet and the auditor's report shall

be certified by the auditor, and filed with the concerned Government Agencies.

The CGG Society shall ensure that the accounts of the District units, if any, are duly

audited and the audit report is to be placed before the Management Committee.

The Accounts will be open to audit by the Accountant General, Bihar and / or GoB.

20. Annual Report.

The Director General shall prepare an annual report of the proceeding of the Management

Committee and all work undertaken during the year. This report and the duly Audited

Annual Accounts of the CGG Society shall be placed for approval before the

Management Committee.

The Annual Report and Annual Accounts as approved by the Management Committee

shall be placed before the Annual Governing Council meeting of the Governing Council,

before the 31st July of year .A copy of the annual Report and Annual Accounts as

approved by the Governing Council may be forwarded to the Government Within 30

days and shall be filed with the Registrar of Societies, Bihar, along with.

20.1 a list of names, address and occupation of the office bearers of the CGG Society,

certified by the Director General; and

20.2 a copy of the balance sheet and the auditor's report certified by the auditor.

The Annual Reports of all the District Units, if any, shall be placed before the

Management Committee of the CGG Society.

21. Properties of the Agencies

21.1 All properties of the CGG Society shall belong to the CGG Society itself. The CGG

Society may acquire purchase or otherwise own, take on lease or hire movable or

immovable properties and sell, mortgage, transfer or otherwise dispose off any

such "movable or immovable properties in furtherance of the objectives of CGG

बहार गजट (असाधारण), 20 'दस) बर 2011

Society. In the event of the CGG Society being dissolved, all its assets (both

movable and immovable) will be disposed of as per the decision of the

Management Committee.

21.2 The income and the property of the CGG Society shall be utilized only towards the

promotion of the objectives as set forth in the Memorandum of Association of the

CGG Society. It will be subject to terms and conditions as the Management

Committee may impose in respect of expenditure to be incurred from grants

sanctioned to the CGG Society from time to time.

21.3 No portion of the income or the property of the CGG Society shall be paid or

transferred directly or indirectly by way or profits to persons, who may at any

time be or have been members of the CGG Society.

21.4 No member of the CGG Society shall have any personal claim on any movable or

immovable property of the CGG Society or make any profit whatsoever by virtue

of his membership.

21.5 Provided that nothing herein contained shall prevent payments in good faith of

remuneration, allowances or honorarium in return for any service rendered by

them to the CGG Society.

22. Suits and Proceedings

22.1 The CGG Society may sue or be sued in the name of the CGG Society through its

Member Secretary.

22.2 No suit or proceeding shall abate by reason of any vacancy or change in' the holder

of the office of the Chairman, the Member Secretary or any office bearers

authorized in this behalf.

22.3 Every decree or order against the CGG Society in any suit or proceeding shall be

executable against the property of the CGG Society and not against the person or

the property of any member or any office bearer or Member of CGG Society.

22.4 Any person, including a member of the CGG Society, who damages, injures or

destroys any property of the CGG Society or otherwise acts in a manner resulting

in pecuniary loss to the CGG Society can be sued by the CGG Society. The fact

that such person may be a member of the CGG Society shall not in any manner

prevent the CGG Society from proceeding against him in a court of law.

23. Validation of Acts.

No action taken by the CGG Society shall be rendered invalid or void only due to the

reasons that:

23.1 There existed one or more vacancies in the Governing Council/Management

Committee on the day on which the resolution was passed: or

23.2 There was a defect in the appointment of any of its members; or

23.3 The resolution in pursuance of which the said act was done has subsequently been

modified or revoked by the Governing Council/Management Committee.

23.4 The authority entitled to make such appointment shall fill a vacancy in the

Governing Council or in the Management Committee of the Society.

24. Alterations to the Memorandum of Association of the CGG Society

The CGG Society may alter the Memorandum of Association or extend the purpose

for which it is established, as per the provisions of the Societies Registration Act, 1860

and on the fulfillment of the following conditions:

24.1 Management Committee obtains the permission of the Government of Bihar for the

proposal for such alteration or extension as aforesaid

24.2 Management Committee furnished the proposal for such alteration or extension as

aforesaid to the members of the CGG Society in a written or printed from.

बहार गजट (असाधारण), 20 'दस) बर 2011

24.3 Management Committee convenes a Governing Council Meeting or Special

Governing Council Meeting of the members of the CGG Society according to

these Rules for the consideration of the said proposition;

24.4 The report is delivered or sent by post to every member of the CGG Society

delivered in person at such Governing Council Meeting or Special Governing

Council Meeting as aforesaid;

24.5 The proposal is agreed to by half of the members of the CGG Society present and

voting at such Governing Council Meeting or Special Governing Council meeting

as aforesaid; and

24.6 A copy of the resolution of the Governing Council Meeting or Special Governing

Council Meeting adopting the alteration is filed with the Registrar within the

period prescribed under the law.

25. Modification of the Bye Laws:-

After obtaining the permission of the Government of Bihar and subject to the provision to

the Society Registration Act, 1860, the CGG Society may amend, add to, alter or delete

any of these Bye- laws by a resolution passed at the Special Meeting of the Governing

Council duly convened for the purpose. The modified by laws shall be deemed to have

come into force in accordance with the provision of the said Act.

26. Contracts.

26.1 All contracts and other instrument for and on behalf of the CGG Society shall,

subject to the provisions of the Act, be expressed to be made in the name of the

CGG Society and shall be executed by the persons authorized by the Management

Committee,

26.2 No contract for the sale, purchase or supply of any goods or materials shall be made

for and on behalf of the CGG Society with any member of the CGG Society or the

Management Committee, or his/her relative, or firms in which such member is a

partner/shareholder, or with any other partner or shareholder of a firm or a private

company in which the member is a partner or Director.

26.3 All contracts shall be fielded, finalized and entered upon in accordance with the

guidelines of the CGG Society and specific directions of GoB.

27. Common Seal

The CGG Society shall have a common seal of such make and design as the Management

Committee may approve.

28. Notice

Notice may be served upon any member of the CGG Society either personally or by post

to the address of such member at the address mentioned in the register of members. Any

notice so, served by post shall be deemed to have served on the day following that on

which the letter, envelop or wrapper containing the same is posted and in providing such

service, it shall be sufficient to prove that cover containing such notice was properly

addressed and delivered to the post office.

29. Records of the CGG Society

The CGG Society shall keep in its registered office proper books of accounts, in which

should be entered accurately.

29.1 All sum of money received and the source thereof, all sums of money expended by

the CGG Society and the object or purpose for which such sums are expended.

29.2 The assets and liabilities of the CGG Society.

29.3The records maintained by the CGG Society will be as follows:

(i) Member register;

(ii) Proceedings Register of the Governing Council;

बहार गजट (असाधारण), 20 'दस) बर 2011

(iii) Proceedings Register of the Management Committee.

(iv) Cash Book, Bank Book and General Ledger;

(v) Records of the Employees of the CGG Society

(vi) Records of the Accounts and Claims

(vii) Stock Register;

29.4 All such other records required for proper and systematic running of the CGG

Society.

30. Filling up staff positions for CGG Society

The positions of CGG Society as determined by GoB will be by way of contractual

resources or by officers on deputation from the government.

31. Dissolution of the CGG Society

Subject to the provisions of the Act, the CGG Society may be dissolved by a resolution

passed at a Special Meeting of the Governing Council of the CGG Society duly convened

for the purpose and supported by at least two-third of the total members of the CGG

Society. The Governing Council shall prescribe procedure for such dissolution by such,

resolution. The Governing Council may on such resolution decide to take action for

liquidation of assets and liabilities of the CGG Society. They shall or can be given over to

organizations with similar aims and objectives as that of the CGG Society, strictly in

accordance with the provisions of Act, or surrendered to the GoB. In either case, the

decision of GoB shall be final.

Nothing contained in the Bye-Laws and notwithstanding the provisions of the laws

applicable, there would be no attempt to import-expressed or implied, anything repugnant

or contrary to the intentions of this CGG Society as expressed in the Memorandum of

Association.

Chairman

Member Secretary

For I.G. Registration, Bihar, Patna.

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अधी.क, सिचवालय मुिणालय,

बहार, पटना ारा ूकािशत एवं मु'ित।

बहार गजट (असाधारण) 761-571+10-ड+0ट+0पी0।

Website: http://egazette.bih.nic.in