Bihar Gazette, 29 October 2013

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सूचना प्रावैधिकी विभाग ------ संकल्प 08 अक्तूबर 2013 विषयः-बिहार में Big Data Analytics Society के गठन के संबंध में। मंत्रिपरिषद्‌ द्वारा सैद्धांतिक तौर पर बिहार राज्य के विभिन्न विभागों के पास उपलब्ध प्रचुर एवं विविध प्रकार के आँकड़ों का प्रयोग कर सुशासन के बहुआयामी उच्चस्तरीय स्वरूप को प्राप्त करने निमित्त Big Data Analytics के शुरूआत करने की स्वीकृति प्रदान की गई है, ताकि बिहार राज्य में पूर्व में किए गए कम्प्यूटराईजेशन का बहुस्तरीय लाभ उठाया जा सके। सूचना प्रावैधिकी विभाग द्वारा उक्त उद्देश्यों की पूर्त्ति के लिये विशेषज्ञों के कोर समूह के गठन की दिशा में आवश्यक कदम उठाये गये हैं। उन विशेषज्ञों से हुए विमर्श से यह महसूस किया गया कि इस हेतु राज्य के विभागों के पास उपलब्ध विविध प्रकृति के आँकड़ों के सम्यक्‌ विश्लेषण एवं तदुपरान्त प्रशासन में उसके प्रभावी उपयोग के लिए आँकड़ों का संग्रहण, डाटा माईनिंग, गणितीय मॉडल, बिजनेस इंटेलिजेंस, वैधानिक पहलू विभागीय अंतर्दृष्टि आदि से संबंधित अच्छी जानकारी रखने वाले Domain Experts की आवश्यकता होगी। आँकड़ों का संग्रहण, डाटा माईनिंग, आँकड़ों का विश्लेषण और बिजनेस इंटेलिजेंस के लिए बाजार में उपलब्ध व्यवसायिक सॉफ्टवेयर का यथोचित प्रयोग कर, बहुत हद तक वर्णित आवश्यकता की पूर्त्ति में लगने वाले समय की बचत की जा सकती है। लेकिन गणितीय मॉडल, विविध प्रकार के आँकड़ों के बीच अंतर्निहित अंतसंबंधों का निरूपण, जरूरी आँकड़ों का वैज्ञानिक ढ़ंग से चयन, आँकड़ा प्राप्त करने की वैज्ञानिक तकनीक, सूक्ष्म आँकड़ों का विवेकपूर्ण विश्लेषण आदि के लिए समय-समय पर उन क्षेत्रों में महारथ रखने वाले विशेषज्ञों की राय और उनके समर्पित प्रयासों की भी आवश्यकता पड़ेगी। इसके लिए सरकारी विभागीय संरचना के स्थान पर 'संस्थागत संरचना' का गठन, तुलनात्मक दृष्टि से अधिक कारगर, फलदायी एवं प्रभावशाली हो सकेगा। इस लक्ष्य की प्राप्ति हेतु एक Special Purpose Vehicle (SPV) यथा Societies Registration Act, 1860 के तहत्‌ एक निबंधित सोसाइटी के गठन की आवश्यकता होगी, जिसके पास संस्थागत आधार एवं आर्थिक स्वायतत्ता हो और जो सरकारी विभागों, संगठनों, सरकारी उपक्रमों के बीच परस्पर तालमेल बैठाकर विनिर्दिष्ट कार्य-योजना के क्रियान्वयन में समर्थ हो।

2. इस सोसायटी का मूलभूत उद्देश्य प्रबंधन सूचना प्रणाली, सरकारी निर्णय निमित्त सहयोग प्रणाली, विभिन्न सरकारी स्कीमों के क्रियान्वयन एवं उनके अनुश्रवण आदि में तर्कसंगत एवं विवेकपूर्ण ढ़ंग से वैज्ञानिक तकनीक एवं Big Data Analytics का प्रयोग कर लोक सेवा को बहुस्तरीय ऊँचाई प्रदान करने हेतु बिहार राज्य के गवर्नेंस ढ़ाँचे2 (cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 को एक नये युग में ले जाने का होगा जिस हेतु यह अपने संसाधनों के अधीन यथोचित निर्णय लेने में भी स्वयं समर्थ होगी।

3. निबंधित होने के उपरान्त यह सोसायटी (Memorandum of Association और नियमावली की छाया प्रति संलग्न) सही अर्थों में कार्य करना प्रारम्भ कर देगी। बिहार राज्य के शासकीय एवं प्रशासनिक सुधार निमित्त अन्वेषणात्मक एवं नूतन प्रणालियों के माध्यम से अहर्निश सहयोग प्रदान करने के साथ-साथ सीधे तौर पर निम्नांकित कार्य बिन्दु Big Data Analytic सोसायटी के क्षेत्राधिकार एवं कर्त्तव्यों में होंगे :-

(i) जनता की अपेक्षाओं पर खरा उतरने के लिए पूर्वानुमान एवं भविष्यवाणी करने वाले गणितीय मॉडल (Predictive Mathematical Model) के निर्माण के लिए वांछित लक्ष्यों का निर्धारण करना। (ii) निर्धारित Vision की प्राप्ति के लिए गणितीय मॉडल में प्रयोग किये जाने वाले आवश्यक आँकड़ों एवं उनकी परिशुद्धता, सामयिकता एवं सूक्ष्मता की पहचान करना।

(iii) आँकड़ा संग्रहण में कमी (Data Gap) के कारणों का पता लगाना और इस कमी को एक खास समयावधि में तर्कसंगत लागत पर पूरा करने के लिए यथोचित रणनीति तैयार करना।

(iv) प्रबंधन सूचना प्रणाली और निर्णय निमित्त सहयोग प्रणाली के लिए निर्धारित लक्ष्यों को प्राप्त करने के उद्देश्य से एक Common Template का निर्धारण जिसमें विभिन्न विभागों से प्राप्त आँकड़ों को एक साथ संग्रहित किया जा सके, ताकि उनका प्रयोग डाटा वेयरहाऊसिंग एवं डाटा माईनिंग के साथ-साथ Big Data Analytics के लिए समेकित रूप से किया जा सके।

(v) Big Data Analytics के माध्यम से पूर्वानुमान करने के Proof of Concept के तौर पर सहजता से प्राप्त हो सकने वाले लक्ष्यों को प्राप्त करने के लिए विभागों/एजेंसियों को उत्साहित करना ताकि बिहार राज्य की जनता को बेहत्तर सेवा और सुविधा स्वतः स्फूर्त मिल सके और इस तकनीक के प्रति राज्य में जागरूकता, आस्था और विश्वास बढ़ सके।

(vi) प्रत्येक विभाग के लिए और तदुपरांत सम्पूर्ण बिहार के लिए, इस तकनीक के माध्यम से, सुशासन हेतु दूरदर्शी एवं विराट लक्ष्य के निर्धारण में सरकार को सुझाव देना।

(vii) प्रत्येक विभाग और एजेन्सी के लिए अल्प अवधि, मध्यम अवधि और लम्बी अवधि के लिए इस क्षेत्र में रणनीति और कार्य की रूपरेखा तय करने में सरकार को सुझाव देना ताकि निर्धारित लक्ष्य को प्राप्त किया जा सके।

(viii) Proof of Concept और तदुपरान्त विराट Roll-out फेज के दौरान विभिन्न विभागों द्वारा निर्धारित कार्य-योजना के अनुरूप क्रियान्वयन का सूक्ष्मता से अनुश्रवण एवं पर्यवेक्षण।

(ix) Change Management एवं प्रौसेस री-इंजीनियरिंग हेतु विभागों एवं एजेन्सियों को आवश्यक सहयोग प्रदान करना।

(x) विश्लेषण की वैज्ञानिक तकनीक, क्रियान्वयन और विभागीय प्रबंधन में आवश्यक सुधार द्वारा जन सेवा की संस्कृति विकसित करने हेतु विभागों की अंतर्निहित कार्य-क्षमता में अभिवृद्धि करना। (xi) Big Data Analytics के क्षेत्र में अनुसंधान एवं सुशासन हेतु उनकी उपयोगिता के दृष्टिकोण से शोध कार्यक्रम तय करना और स्वयं अथवा लब्ध प्रतिष्ठित संगठनों और शैक्षणिक संस्थानों को आर्थिक मदद देकर उन्हें पूर्ण करना।

(xii) सरकार और सरकार के अनुमोदनोपरान्त अन्य संस्थानों/संगठनों से अनुदान एवं ऋण प्राप्त करना एवं प्राप्त करने का प्रयास करना एवं प्राप्त निधियों का उपयोग अपने कर्त्तव्यों के निर्वहन हेतु करना। 4. सोसायटी यथासम्भव यह प्रयास करेगी कि प्रोत्साहन, सहयोग और अन्तर्दृष्टि प्रदान कर सरकारी विभागों/एजेन्सियों को ही वांछित लक्ष्य को प्राप्त करने के लिए अभिप्रेरित किया जाय। कदाचित्‌ उनके द्वारा ऐसा नहीं करने पर सोसायटी उनके द्वारा संचालित कार्यों को अपने हाथ में लेकर पूरा करने या किसी सक्षम एजेन्सी को सौंपने के लिए स्वतंत्र होगी।

5. सोसायटी अपने वांछित लक्ष्यों की प्राप्ति और विनिर्दिष्ट उद्देश्यों की पूर्त्ति के लिए नीति निर्माताओं (माननीय मंत्रीगण/वरीय पदाधिकारीगण), जिला स्तर पर क्रियान्वयन करने वाले पदाधिकारियों/एजेन्सी, विशेषज्ञों, संस्थाओं और अन्य संबंधित इकाईयों से सतत्‌ सम्पर्क में रहेगी और हर स्तर पर उनकी सक्रिय सहभागिता को प्रोत्साहित करने के लिए उद्धत रहेगी।

6. इन सबके अलावा सोसयटी का अपना पूर्णरूपेण कम्प्यूटरीकृत कार्यालय होगा। इस सोसायटी के मुख्य कार्यकारी पदाधिकारी (Chief Executive) के सहयोग के लिए पदाधिकारियों, कर्मचारियों एवं परामर्शियों की एक टीम भी होगी। सोसायटी के पास एक Corpus Fund (मुद्रा कोष) भी होगी। साथ ही लब्ध प्रतिष्ठित गणों यथा माननीय मुख्यमंत्री, मुख्य सचिव, वरीय पदाधिकारीगण और संगत क्षेत्र के विशेषज्ञों से बना एक 'शासी-निकाय' भी होगा। सोसायटी के पास विहित उद्देश्यों की पूर्त्ति के लिए प्रारम्भिक चरण में ` 20.00 (बीस करोड़) मात्र का भी प्रावधान होगा।3 (cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 आदेश ः-आदेश दिया जाता है कि इस संकल्प को राजकीय राजपत्र के असाधारण अंक में प्रकाशित किया जाय और इसकी प्रति सभी विभाग/विभागाध्यक्ष/प्रमंडलीय आयुक्त/ जिलाधिकारी/अनुमंडलाधिकारी को सूचना एवं आवश्यक कार्रवाई हेतु भेजी जाय।

नोट :- बिहार में Big Data Analytics Society के गठन से संबंधित संकल्प को इन्टरनेट पर बेवसाईट http://gov.bih.nic.in एवं www.biharonline.gov.in के माध्यम से डाउन लोड किया जा सकता है।

बिहार-राज्यपाल के आदेश से, नरेन्द्र कुमार सिन्हा, सरकार के प्रधान सचिव।

Memorandum of Association

of

Big Data Analytics Society (BDA Society)

1. Name of the Society : The name of the Society shall be "Society for Big Data Analytics" (hereinafter referred to as the "BDA Society"). The Government of Bihar (GoB), sponsors the society. 1A. The Big Data Society will be registered under the provisions of the Societies Registration Act, 1860.

2. Location and Registered office of the Society : The BDA Society shall have its headquarters 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 2nd Floor, Technology Bhawan, Bailey Road, Patna-800015.

2A. The BDA Society can acquire assets and properties in its own name for achieving its objectives.

3. Area of Operation : The area of operation of the BDA Society will extend throughout the state of Bihar. 4. Vision : To provide high quality policy, managerial, capacity building and handholding support to Government of Bihar and its officials to identify, design and spearhead governance reforms through data mining and big data analytics.

5. Scope/Mandate :

The scope/Mandate of BDA Society is to support on a continuing basis adoption of innovative mechanisms for governance & administrative reforms by providing insights for and/or directly.

(i) Identifying the goals and needs for predictive mathematical modelling to proactively serve the aspirations of the people.

(ii) Identifying as to what data with what accuracy and what granularity would be needed to build credible predictive models for the cherished goals.

(iii) Identifying data gaps and strategies to cost-effectively bridge the gaps within a reasonable time frame.

(iv) Finding, to the extent possible, common templates for data being collected by various departments/agencies so as to make it easier to use them on a common platform in an integrated manner for data warehousing and data mining leading to big data analytics for achieving the desired MIS/DSS for the goals that are set out.

(v) Encouraging and providing for Proof of Concept for various departments by identifying low hanging fruits to demonstrate the utility of big data analytics assisted predictive modelling based approach for proactively providing better service to the people.

(cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 (vi) Assisting the Government in developing the grand vision for individual departments and integrating them to spell out the grand vision for the State as whole.

(vii) Assisting the Government in developing short term, medium term and long term strategies and action plans for various departments/agencies to realise the grand vision within a finite time frame.

(viii) Overseeing the implementation of action plans by various departments and agencies during proof of concept phase and also the massive roll out phase. (ix) Assisting the departments/agencies in the process of change management and process re-engineering.

(x) Developing and providing for capacity building within the departments/agencies to create a new culture of proactive and timely public service using the scientific methods of analytics, implementation and management.

(xi) Receiving grants/loans from Government and other donor/lending organizations with the approval of the Government and spending those resources towards achieving the mandates mentioned above.

6. Strategy : The BDA Society would initially try to encourage, support, provide insights, do hand holding to achieve the mandate, but where ever it finds that a department(s)/agency is not able to make adequate progress in this direction for any reason, what so ever, the society would have the mandate to either take over those functions itself or to entrust it to any other agency or to even outsource it to any carefully selected capable organisation. The BDA Society would also have the mandate to undertake research or fund reputed organisations/academic institutions to carry out research in the area of big data analytics and its application to the governance activities in Bihar. In order to achieve these objectives, the BDA Society would also work closely with policy makers (Ministers/Senior Officers), implementers (district level functionaries), experts, institutions and other stake holders and it would also endeavour to encourage their participation at all levels. 7. Objectives : The objective of BDA Society would be to usher the governance of Bihar into the era of heightened levels of public service through infusion of scientific techniques such as Big Data Analytics etc. into the domain of Management Information System, Decision Support Systems, implementation and monitoring of various schemes and initiatives, and towards this end, the society would be fully competent to take all steps as it deems fit within the resources at its command. 8. Governing Council and Management Arrangements : There shall be a Governing Council which shall be the supreme policy making body of the BDA Society. The Governing Council of the BDA Society, to whom the management is entrusted, shall consist of the following members :-

State Government will have the authority to nominate the experts/representatives to the Governing Council for a fixed term or to remove them either on completion of the term or even before it. 9. Founding Members and formation of the BDA 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 BDA Society. The members by designation and their successors shall be treated as founder members in their place. 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 Big Data Analytics Society, under the Bihar Societies Registration Act 1860. We are desirous to form the Big Data Analytics Society. Sl.

Bye-Laws

of

Big Data Analytics Society

1. Tile : These Rules and Regulation shall be called the Bye-Laws of "Big Data Analytics Society (BDA Society)", a society registered under the provisions of Societies Registration Act, 1860. 2. Status of the BDA Society : The BDA 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 BDA Society. 3.2 These bye laws shall come into force from the date on which the BDA Society is registered under the Societies Registration Act. 1860.

3.3 The BDA Society shall function under overall administrative control of the Government of Bihar (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 BDA Society shall always be open for Verification by the State Government.

3.6 The State Government shall have the power to issue such direction Instructions As may be deemed necessary in proper functioning of the BDA Society.

4. Definitions : 4.1 "Act" means the Societies Registration Act, 1860. 4.2 "BDA Society" means the Big Data Analytics Society (BDAS) registered under the Societies Registration Act, 1860.

4.3 Means the Chairman of the Governing Council of the BDA Society. 4.4 "Vice Chairman" means the Vice Chairman of the Governing Council of the BDA Society.

4.5 "Member Secretary" means The Member Secretary of the Governing Council, who shall also be the Director General of BDA Society.

4.6 "Director-Analytics" means the Director-Analytics of the BDA Society, who shall assist the Director General of BDA Society.

4.7 "Management Committee" means the Management Committee of the BDA Society constituted under these bylaws'.

4.8 "Convener-Management Committee" means the Convener of the Management Committee who shall be the Director-Governance of BDA.

4.9 "Project" means the BDA activities and any programme which may be assigned by the GOB to the BDA Society at State or District level.

4.10 Inspector General of Registration means the Inspector General Registration, Govt. of Bihar appointed under sub-section(I) of section 3 of the Indian Registration Act 1908 with whose jurisdiction the BDA 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 means Government of Bihar. 4.12 "Functional heads" means head of various functional wings of the BDA. 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 bylaws 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 BDA Society : The membership of the BDA Society consists of the members who have been mentioned in the Memorandum of Association of BDA Society including those founding members who have signed the memorandum of Association of BDA Society. This membership shall be by virtue of post and shall devolve to their successors.

5.2 Membership and Term : A person will be appointed or nominated as a member of the BDA Society by virtue of office held by him and his membership of the BDA 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 Information Technology Department, GoB.

The BDA 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 BDA Society shall not be invalidated by the existence of any vacancy or any defects in the appointment of any of these members.

5.3 Termination of Membership : Membership of the BDA Society shall ipso facto terminate if a member

(i) Dies, or permanently leaves India; or (ii) Tenders his resignation in writing to the BDA Society or GoB or achieves superannuation from his service; 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 BDA 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 BDA 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 BDA 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 BDA Society shall consist of all members of the BDA Society as in section 5.1 and 5.2.

6.2 Meeting of the Governing Council the BDA 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 prior 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 BDA 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 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 BDA 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 BDA 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. It shall consider the Balance Sheet and annual audited accounts of the BDA Society presented by the Member Secretary along with the remarks thereon by The Management Committee. It shall consider the Annual Report presented by the Member Secretary along with the, comments thereon by the Management Committee. It shall ensure that the BDA 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 fulfilment of the vision and objectives as laid down in Art 4 and 7 of the 'Memorandum and Articles of Association'.

(ii) Add modify or amend the Memorandum and Articles of Association and these bylaws provided that all such additions, modifications or amendments shall be aimed at promoting the objectives of the BDA Society.

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

(iv) Approve the appointment of the auditors of the BDA Society. (v) Delegate to the Management Committee or the Member Secretary any of the above powers.

7. Management Committee : 7.1 Member of the Management Committee : While the Governing council would meet periodically (say once every quarter) to review the strategy and performance of the Society, 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, consultant recruitment, procurement etc. The Management Committee shall consist of the following members :-

Sl. No. Occupation & Designation

1. Director General & Head, BDA Chairman 2. Director-Governance, BDA Convenor 3. Deputy Director, Finance Member 4. Deputy Director, Personal & Administration Member 5. Relevant Expert(s)/Domain Expert(s)-Any three

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 BDA 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 convenor 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 quorum 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 BDA 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 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 BDA 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 BDA Society. The Management Committee may co-opt a maximum of three members. The co-opted members shall have a right to participated 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 BDA Society and shall have all advisory, executive and financial power to conduct the affairs of the BDA Society through its Chairman. All the duties, powers, functions and rights, whatever, consequential and incidental to the carrying on of the objectives of the BDA 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 and 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 Group and Boards etc. for such purpose and on such terms as it may deem fit and to remove any of them.

(v) With the prior approval of the Government the Governing Council, may set Human Resource Policy including staff positions and salary and incentive structure of the BDA Society and approve appointments to the same.

(vi) Appoint auditors for auditing the accounts of the BDA Society with the approval fo the Governing Council.

(vii) Ensure that the BDA 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 BDA to ensure achievement of objectives and mandates. (ix) Monitor the financial position of the BDA 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 BDA Society. (xii) Do generally all such acts and things as may be necessary or incidental to carrying out the objectives of the BDA Society or any of them. Provided that nothing herein contained shall authorize the Management Committee to do any12 (cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 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 BDA Society.

(xiii) Have power to delegate, all or any of, the powers and functions mentioned above, fully or partially, to member Officers within the Society deemed fit by it.

9. Chairman of the Management Committee : The Director General & Head, BDA shall be the Chairman of the Management Committee of the BDA 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 confect, operate and maintain any building for purpose of the BDA Society as deemed appropriate by the Management Committee.

(iii) Authorize investment of the funds of the BDA Society in such securities and/or to sell or transfer such investments in such a manner as the Management Committee may consider necessary after approval of the Governing Council, for the safety and benefit of the BDA Society and to convert or change such investments, as required by the Management Committee, subject to the laws applicable.

(iv) Incur expenditure per instance as may be fixed by the Governing Council for achieving the objective of the BDA Society.

(v) Tender & award contracts and incur expenditure on civil works and consultancy to achieve the objectives of the BDA Society up to the limit as may be fixed by the Governing Council.

(vi) Chairman, Management Committee may also delegate all or part of his powers in this respect to members/officers of the BDA Society as deemed fit by him by specific order.

(vii) Act upon powers as may be delegated to the Chairman by the BDA Society and the Management Committee.

(viii) Carry out power 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.

(ix) Delegate any of the powers vested in his office to the Convener-Management Committee or any other Member of the BDA Society deemed it by him.

11. Director General, BDA : The Director General of the BDA shall be the :-

(i) Member Secretary of the Governing Council and Chairman of the Management Committee of the BDA Society. His appointment will be decided by the State Government.

(ii) Director General shall be a senior IAS Officer/Renowned Technocrat and will be equivalent in status to Secretary/Principal Secretary to GoB.

12. Functions & Power of the Director General : 12.1 The Director General shall be the Chief Executive Officer of the BDA Society. 12.2 The Director General shall be responsible for the management of day-to-day Affairs of the BDA Society. He shall have overall responsibility for planning and executing the work of the BDA 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 BDA Society.

12.3 The Management and control of the day-to-day administration and control of Finance within sanctioned budgets of the BDA Society shall be vested with the Director General and through him with the respective functional heads. He shall function as the controlling authority of all employees of the BDA Society.

12.4 The Director General shall sign or cause to be sired all documents and Proceedings requiring authentication by the BDA Society. The Director General, shall represent or cause to be represented the BDA Society in business and Legal transactions. He shall receive on behalf of the BDA Society and disburse all funds of the BDA 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 BDA Society, as authorized by the Governing Council of the BDA Society.

12.5 Director General shall appoint banker of the BDA Society. All funds of the BDA Society shall be paid in to the BDA Society's account with the said bankers.

12.6 The Director General, as Member Secretary of Governing Council shall in consultation with the Chairman, Governing Council convene the meetings of the Governing Council at stipulated intervals or otherwise and shall maintain all minutes, records and registers of the BDA 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 BDA 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 BDA 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 BDA Society the Annual Reports and Financial Statements etc. with due audit. He 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.

(ii) shall cause the physical and financial usage of the funds disbursed by the BDA Society to the various participating organization and submit a quarterly report to the Management Committee and GOB.

12.11 The Director General will liaison with the State Government, the Government of India, and other agencies for any matter pertaining to the operations of the BDA Society.

(cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 12.12 The Director General shall appoint staff for the Society and for the programmes implemented by the BDA Society.

12.13 The Director General shall have powers to take disciplinary actions over any staff of the BDA Society as per the deputation rule/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 BDA 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 BDA Society.

13. Functions & Power of the Director-Governance BDA : 13.1 The Director-Governance of the BDA shall be the Convener of the Management Committee of the BDA 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 meanings 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 mandate and in particular for the achievement of the vision and objectives referred in 4, 5, 6 and 7 of the Memorandum of Association.

14.2 Formulate guidelines for implementation of the various programs of the BDA Society.

14.3 Act as Guardian of Rules and "Non-negotiable Principles" of the BDA Society, and enforce the rules and guidelines for the implementation of its mandate.

14.4 Cause creation and development of District Level Societies/District Units, including co-ordinating 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 BDA 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 BDA Society.

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 or other organisations 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 BDA Society and add or amend, vary or rescind them as and when required.

14.11 Establish its own organizational structure, offices and employ, retain or dismiss personnel as required, decide salary and benefit structure for the BDA Society. 14.12 Accept, make, enclose or otherwise execute cheques, drafts, receipts, bills of Exchange or the instruments and securities as required for the conduct of the business of the BDA 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 fulfilment of contracts made between the BDA Society and others.

14.14 Exercise overall responsibility for management of BDA on behalf of the Government of Bihar within the framework of project guidelines.

15. Management of the BDA Society : The Management of the affairs of the BDA Society shall be vested with the Governing Council as enshrined in the Bye laws framed for the purpose.

16. Authority to Correspond : The Director General and Director-Governance of the BDA Society shall be the authorities to correspond on behalf of the BDA 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 Alter, add or delete any item of Article of Association. 17.3 Terminate and/or make : an appointment in place of any member of the Society mentioned under the memorandum of Association or any member of the Management Committee. The exercise of this power by GoB hereunder shall be final.

18. Funds : The financial year of the BDA Society will be from first day of April to the 31st day of March of the succeeding year.

18.1 The sources of funds of the BDA Society shall consist of the following :-

(i) Recurring and non-recurring grants made by GoB and/or the Government of India and/or any other reputed doner organisation for furtherance of the objectives of the BDA Society ;

(ii) Income from investments; (iii) Grants/Loan from external funding agencies, other sources through permitted charnnels.

(iv) Grants, loan Donation or assistance of any kind from foreign Governments and other agencies with prior approval of the Central/State Government.

(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 and (b) other Assignments at market rates.

18.2 There shall also be a 'Special fund', which would consist of : (a) Such amounts as are received with a condition that income thereof alone shall be used for the purpose of the BDA Society (with the Corpus being left intact); and (b) Such other amounts as16 (cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 the Governing Council may decide to divert from the regular fund to be used in the manner specified in clause (a) above.

18.3 Operation of the Funds and Account : The bank account of the BDA 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 BDA Society shall begin on the first day of April and end on the 31st day of March next year. The BDA 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 BDA Society shall be audited by a Chartered Accountant, to be appointed by the Management Committee of the BDA 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 guidelines. The Auditor shall also submit a report showing the exact state of financial affairs of the BDA 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 BDA Society shall ensure that the accounts of the District units, if any, are duly audited and the audit report is 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 BDA 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 BDA 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 he Management Committee of the BDA Society.

21. Properties of the Agencies : 21.1 All properties of the BDA Society shall belong to the BDA Society itself. The BDA Society may acquire purchase or otherwise own, take on lease of 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 BDA Society. In the event of the BDA Society being dissolved, all its assets (both movable and immovable) will be disposed of as per the decision of the Governing Council. 21.2 The income and the property of the BDA Society shall be utilized only towards to promotion of the objectives as set forth in the Memorandum of Association of the BDA Society. It will be subject to terms and conditions as the Management Committee may impose in respect of expenditure to be incused from grants sanctioned to the BDA Society from time to time.

21.3 No portion of the income or the property of the BDA 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 BDA Society.

21.4 No member of the BDA Society shall have any personal claim on any movable or immovable property of the BDA 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 respect of any service rendered by them to the BDA Society.

22. Suits and Proceedings : 22.1 The BDA Society may sue or be sued in the name of the BDA 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 BDA Society in any suit or proceeding shall be executable against the property of the BDA Society and not against the personal property of any member or any office bearer or Member of Governing Council or Management Committee.

22.4 Any person, including a member of the BDA Society, who damages, injures or destroys any property of the BDA Society or otherwise acts in a manner resulting in pecuniary loss to the BDA Society can be sued by the BDA Society.

23. Validation of Acts : No action taken by the BDA Society shall be rendered invalid or void only due to the reason 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 defect in the appointment of its members : or 23.1 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 BDA Society. The BDA 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 fulfilment of the following conditions :-

24.1 Management Committee obtains the permission of the Government of Bihar for the proposal for such alternation or extension as aforesaid.

24.2 Management committee furnished to proposal for such alteration or extension as aforesaid to the members of the BDA Society in a written or printed from.

24.3 Management Committee convenes a Governing Council Meeting or Special Governing Council Meeting of the members of the BDA 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 BDA Society Delivered in person at such Governing Council Meeting or Special Governing Council Meeting as aforesaid;

(cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 24.5 The proposal is agreed to by half of the members of the BDA 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/Special Governing Council meeting adopting the alteration is filed with the Registrar within the period prescribed under the law. 25. Modification of the BY-Laws : After obtaining the permission of the Government of Bihar and subject to the provision of the Society Registration Act, 1860, the BDA Society may amend, add to, alter or delete any of the by-laws by a resolution passed at the Special Meeting of the Governing Council 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 BDA Society shall, as per the provisions of the Act, be expressed to be made in the name of the BDA 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 BDA Society with any member of the BDA Society or Management Committee, or with firms having such members' relatives in partner/ director/shareholder role.

26.3 All contracts shall be fielded, finalized and entered upon in accordance with the Guidelines of the BDA Society and specific directions of GoB.

27. Common Seal : The BDA Society shall have a common seal of such make and design as the Management Committee may approve.

28. Power of the State Government : The Government of Bihar shall have the power to issue any direction as it deems fit to:-

28.1 Alter add or delete any item of Article of Association. 28.2 Terminate and\or make an appointment in place of any member of the society mentioned under the memorandum of Association or any member of the Management Committee The Exercise of this power by the Government of Bihar hereunder shall be final.

29. Notice : Notice may be served upon any member of the BDA 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.

30. Records of the BDA Society : The BDA Society shall keep in its registered office proper books of accounts, in which should be entered accurately :-

30.1 All sum of money received and the source thereof, all sums of money expended by the BDA Society and the object or purpose for which such sums are expended.

30.2 The assets and liabilities of the BDA Society. 30.3 The records maintained by the BDA Society will be as follows :- Member register, Proceedings Register of the Governing Council; Proceedings Register of the19 (cid:18)बहार गजट (असाधारण), 29 अ,तूबर 2013 Management Committee. Cash Book, Bank Book and General Ledge; Records of the Employees of the BDA Society Records of the Accounts and Claims, Stock Register;

30.4 All such other records required for proper and systematic running of the BDA Society.

31. Dissolution of the BDA Society : Subject to the provisions of the Act, the BDA Society may be dissolved by a resolution passed at a Special Meeting of the Governing Council of the BDA Society duly convened for the purpose and supported by at least two-third of the total members of the BDA 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 BDA Society. They shall or can be given over to organizations with similar aims and objectives as that of the BDA 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 BDA Society as expressed in the Memorandum of Association.

————— अधी.क, सिचवालय मुिणालय,

(cid:18)बहार, पटना (cid:26)ारा ूकािशत एवं मु3ित। (cid:18)बहार गजट (असाधारण) 833-571+500-ड(cid:15)0ट(cid:15)0पी0। Website: http://egazette.bih.nic.in