िनबंधन सं या पी0ट0-40

बहार

बहार गजट

गजट

असाधारण अंक

बहार सरकार ारा ूकािशत

7 काितक

काितक

काितक 1935

935

935 (श0)

(सं

सं

सं0 पटना

टना

टना 833

833

833)

)

) पटना

टना

टना, मंगल

मंगल

मंगलवार

वार

वार, 29

29 अ, तू

अ, तू

अ, तूबर

बर

बर 2013

2013

la0 07@lwŒ izkŒ&19@2013¼[k.M&ch½—1239

lwpuk izkoSf/kdh foHkkx

&&&&&&

ladYi

08 vDrwcj 2013

fo"k;%&fcgkj esa Big Data Analytics Society ds xBu ds laca/k esaA

eaf=ifj"kn~ }kjk lS)kafrd rkSj ij fcgkj jkT; ds fofHkUu foHkkxksa ds ikl miyC/k izpqj ,oa fofo/k izdkj

ds vk¡dM+ksa dk iz;ksx dj lq'kklu ds cgqvk;keh mPpLrjh; Lo:i dks izkIr djus fufeÙk Big Data Analytics

ds 'kq:vkr djus dh Lohd`fr iznku dh xbZ gS] rkfd fcgkj jkT; esa iwoZ esa fd, x, dEI;wVjkbZts'ku dk cgqLrjh;

ykHk mBk;k tk ldsA lwpuk izkoSf/kdh foHkkx }kjk mDr mís';ksa dh iwfÙkZ ds fy;s fo'ks"kKksa ds dksj lewg ds xBu

dh fn'kk esa vko';d dne mBk;s x;s gSaA mu fo'ks"kKksa ls gq, foe'kZ ls ;g eglwl fd;k x;k fd bl gsrq jkT;

ds foHkkxksa ds ikl miyC/k fofo/k izd`fr ds vk¡dM+ksa ds lE;d~ fo'ys"k.k ,oa rnqijkUr iz'kklu esa mlds izHkkoh

mi;ksx ds fy, vk¡dM+ksa dk laxzg.k] MkVk ekbZfuax] xf.krh; ekWMy] fctusl baVsfytsal] oS/kkfud igyw foHkkxh;

varn`Zf"V vkfn ls lacaf/kr vPNh tkudkjh j[kus okys Domain Experts dh vko';drk gksxhA vk¡dM+ksa dk

laxzg.k] MkVk ekbZfuax] vk¡dM+ksa dk fo'ys"k.k vkSj fctusl baVsfytsal ds fy, cktkj esa miyC/k O;olkf;d

lkW¶Vos;j dk ;Fkksfpr iz;ksx dj] cgqr gn rd of.kZr vko';drk dh iwfÙkZ esa yxus okys le; dh cpr dh tk

ldrh gSA ysfdu xf.krh; ekWMy] fofo/k izdkj ds vk¡dM+ksa ds chp varfuZfgr varlaca/kksa dk fu:i.k] t:jh vk¡dM+ksa

dk oSKkfud <+ax ls p;u] vk¡dM+k izkIr djus dh oSKkfud rduhd] lw{e vk¡dM+ksa dk foosdiw.kZ fo'ys"k.k vkfn ds

fy, le;≤ ij mu {ks=ksa esa egkjFk j[kus okys fo'ks"kKksa dh jk; vkSj muds lefiZr iz;klksa dh Hkh vko';drk

iM+sxhA blds fy, ljdkjh foHkkxh; lajpuk ds LFkku ij ^laLFkkxr lajpuk* dk xBu] rqyukRed n`f"V ls vf/kd

dkjxj] Qynk;h ,oa izHkko'kkyh gks ldsxkA bl y{; dh izkfIr gsrq ,d Special Purpose Vehicle (SPV)

;Fkk Societies Registration Act, 1860 ds rgr~ ,d fucaf/kr lkslkbVh ds xBu dh vko';drk gksxh]

ftlds ikl laLFkkxr vk/kkj ,oa vkfFkZd Lok;rÙkk gks vkSj tks ljdkjh foHkkxksa] laxBuksa] ljdkjh miØeksa ds chp

ijLij rkyesy cSBkdj fofufnZ"V dk;Z&;kstuk ds fØ;kUo;u esa leFkZ gksA

2- bl lkslk;Vh dk ewyHkwr mís'; izca/ku lwpuk iz.kkyh] ljdkjh fu.kZ; fufeÙk lg;ksx iz.kkyh] fofHkUu

ljdkjh Ldheksa ds fØ;kUo;u ,oa muds vuqJo.k vkfn esa rdZlaxr ,oa foosdiw.kZ <+ax ls oSKkfud rduhd ,oa

Big Data Analytics dk iz;ksx dj yksd lsok dks cgqLrjh; Å¡pkbZ iznku djus gsrq fcgkj jkT; ds xousZal <+k¡ps

बहार गजट (असाधारण), 29 अ, तूबर 2013

dks ,d u;s ;qx esa ys tkus dk gksxk ftl gsrq ;g vius lalk/kuksa ds v/khu ;Fkksfpr fu.kZ; ysus esa Hkh Lo;a leFkZ

gksxhA

3- fucaf/kr gksus ds mijkUr ;g lkslk;Vh ¼Memorandum of Association vkSj fu;ekoyh dh Nk;k

izfr layXu½ lgh vFkksZa esa dk;Z djuk izkjEHk dj nsxhA fcgkj jkT; ds 'kkldh; ,oa iz'kklfud lq/kkj fufeÙk

vUos"k.kkRed ,oa uwru iz.kkfy;ksa ds ek/;e ls vgfuZ'k lg;ksx iznku djus ds lkFk&lkFk lh/ks rkSj ij fuEukafdr

dk;Z fcUnq Big Data Analytic lkslk;Vh ds {ks=kf/kdkj ,oa dÙkZO;ksa esa gksaxs %&

(i)

turk dh vis{kkvksa ij [kjk mrjus ds fy, iwokZuqeku ,oa Hkfo";ok.kh djus okys xf.krh; ekWMy

(Predictive Mathematical Model) ds fuekZ.k ds fy, okafNr y{;ksa dk fu/kkZj.k djukA

(ii) fu/kkZfjr Vision dh izkfIr ds fy, xf.krh; ekWMy esa iz;ksx fd;s tkus okys vko';d vk¡dM+ksa

,oa mudh ifj'kq)rk] lkef;drk ,oa lw{erk dh igpku djukA

(iii) vk¡dM+k laxzg.k esa deh (Data Gap) ds dkj.kksa dk irk yxkuk vkSj bl deh dks ,d [kkl

le;kof/k esa rdZlaxr ykxr ij iwjk djus ds fy, ;Fkksfpr j.kuhfr rS;kj djukA

(iv) izca/ku lwpuk iz.kkyh vkSj fu.kZ; fufeÙk lg;ksx iz.kkyh ds fy, fu/kkZfjr y{;ksa dks izkIr djus

ds mís'; ls ,d Common Template dk fu/kkZj.k ftlesa fofHkUu foHkkxksa ls izkIr vk¡dM+ksa

dks ,d lkFk laxzfgr fd;k tk lds] rkfd mudk iz;ksx MkVk os;jgkÅflax ,oa MkVk ekbZfuax ds

lkFk&lkFk Big Data Analytics ds fy, lesfdr :i ls fd;k tk ldsA

(v)

Big Data Analytics ds ek/;e ls iwokZuqeku djus ds Proof of Concept ds rkSj ij

lgtrk ls izkIr gks ldus okys y{;ksa dks izkIr djus ds fy, foHkkxksa@,tsafl;ksa dks mRlkfgr

djuk rkfd fcgkj jkT; dh turk dks csgÙkj lsok vkSj lqfo/kk Lor% LQwrZ fey lds vkSj bl

rduhd ds izfr jkT; esa tkx:drk] vkLFkk vkSj fo'okl c<+ ldsA

(vi) izR;sd foHkkx ds fy, vkSj rnqijkar lEiw.kZ fcgkj ds fy,] bl rduhd ds ek/;e ls] lq'kklu

gsrq nwjn'khZ ,oa fojkV y{; ds fu/kkZj.k esa ljdkj dks lq>ko nsukA

(vii) izR;sd foHkkx vkSj ,tsUlh ds fy, vYi vof/k] e/;e vof/k vkSj yEch vof/k ds fy, bl {ks= esa

j.kuhfr vkSj dk;Z dh :ijs[kk r; djus esa ljdkj dks lq>ko nsuk rkfd fu/kkZfjr y{; dks izkIr

fd;k tk ldsA

(viii) Proof of Concept vkSj rnqijkUr fojkV Roll-out Qst ds nkSjku fofHkUu foHkkxksa }kjk

fu/kkZfjr dk;Z&;kstuk ds vuq:i fØ;kUo;u dk lw{erk ls vuqJo.k ,oa i;Zos{k.kA

(ix) Change Management ,oa izkSlsl jh&bathfu;fjax gsrq foHkkxksa ,oa ,tsfUl;ksa dks vko';d

lg;ksx iznku djukA

(x) fo'ys"k.k dh oSKkfud rduhd] fØ;kUo;u vkSj foHkkxh; izca/ku esa vko';d lq/kkj }kjk tu

lsok dh laLd`fr fodflr djus gsrq foHkkxksa dh varfuZfgr dk;Z&{kerk esa vfHko`f) djukA

(xi) Big Data Analytics ds {ks= esa vuqla/kku ,oa lq'kklu gsrq mudh mi;ksfxrk ds n`f"Vdks.k ls

'kks/k dk;ZØe r; djuk vkSj Lo;a vFkok yC/k izfrf"Br laxBuksa vkSj 'kS{kf.kd laLFkkuksa dks

vkfFkZd enn nsdj mUgsa iw.kZ djukA

(xii) ljdkj vkSj ljdkj ds vuqeksnuksijkUr vU; laLFkkuksa@laxBuksa ls vuqnku ,oa _.k izkIr djuk

,oa izkIr djus dk iz;kl djuk ,oa izkIr fuf/k;ksa dk mi;ksx vius dÙkZO;ksa ds fuoZgu gsrq djukA

4- lkslk;Vh ;FkklEHko ;g iz;kl djsxh fd izksRlkgu] lg;ksx vkSj vUrn`Zf"V iznku dj ljdkjh

foHkkxksa@,tsfUl;ksa dks gh okafNr y{; dks izkIr djus ds fy, vfHkizsfjr fd;k tk;A dnkfpr~ muds }kjk ,slk ugha

djus ij lkslk;Vh muds }kjk lapkfyr dk;ksZa dks vius gkFk esa ysdj iwjk djus ;k fdlh l{ke ,tsUlh dks lkSaius

ds fy, Lora= gksxhA

5- lkslk;Vh vius okafNr y{;ksa dh izkfIr vkSj fofufnZ"V mís';ksa dh iwfÙkZ ds fy, uhfr fuekZrkvksa ¼ekuuh;

ea=hx.k@ojh; inkf/kdkjhx.k½] ftyk Lrj ij fØ;kUo;u djus okys inkf/kdkfj;ksa@,tsUlh] fo'ks"kKksa] laLFkkvksa vkSj

vU; lacaf/kr bdkbZ;ksa ls lrr~ lEidZ esa jgsxh vkSj gj Lrj ij mudh lfØ; lgHkkfxrk dks izksRlkfgr djus ds

fy, m)r jgsxhA

6- bu lcds vykok lksl;Vh dk viuk iw.kZ:is.k dEI;wVjhd`r dk;kZy; gksxkA bl lkslk;Vh ds eq[;

dk;Zdkjh inkf/kdkjh (Chief Executive) ds lg;ksx ds fy, inkf/kdkfj;ksa] deZpkfj;ksa ,oa ijkef'kZ;ksa dh ,d

Vhe Hkh gksxhA lkslk;Vh ds ikl ,d Corpus Fund ¼eqnzk dks"k½ Hkh gksxhA lkFk gh yC/k izfrf"Br x.kksa ;Fkk

ekuuh; eq[;ea=h] eq[; lfpo] ojh; inkf/kdkjhx.k vkSj laxr {ks= ds fo'ks"kKksa ls cuk ,d ^'kklh&fudk;* Hkh

gksxkA lkslk;Vh ds ikl fofgr mís';ksa dh iwfÙkZ ds fy, izkjfEHkd pj.k esa ` 20.00 ¼chl djksM+½ ek= dk Hkh

izko/kku gksxkA

बहार गजट (असाधारण), 29 अ, तूबर 2013

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

fd;k

tk;

vkSj

bldh

izfr

lHkh

foHkkx@foHkkxk/;{k@izeaMyh;

vk;qDr@

ftykf/kdkjh@vuqeaMykf/kdkjh dks lwpuk ,oa vko';d dkjZokbZ gsrq Hksth tk;A

uksV %& fcgkj esa Big Data Analytics Society ds xBu ls lacaf/kr ladYi dks bUVjusV ij csolkbZV

http://gov.bih.nic.in ,oa www.biharonline.gov.in ds ek/;e ls Mkmu yksM fd;k tk

ldrk gSA

fcgkj&jkT;iky ds vkns'k ls]

ujsUnz dqekj flUgk]

ljdkj ds iz/kku lfpoA

Memorandum of Association

Big Data Analytics Society (BDA Society)

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.

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 2^nd Floor, Technology Bhawan, Bailey Road, Patna-800015.

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

objectives.

Area of Operation :

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

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.

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.

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.

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.

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.

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 :-

Sl. No.

Name/Designation of the Member

Designation/Role in the

Governing Council

Chief Minister, Govt. of Bihar

Chairman

Finance Minister, Govt. of Bihar

Co-Vice-Chairman

Minister of Information Technology, Govt. of

Bihar

Co-Vice-Chairman

Chief Secretary, Govt. of Bihar

Member

बहार गजट (असाधारण), 29 अ, तूबर 2013

Sl. No.

Name/Designation of the Member

Designation/Role in the

Governing Council

Development Commissioner, Govt. of Bihar

Member

Director General of Police, Govt. of Bihar

Member

Principal Secretary, Finance, Govt. of Bihar

Member

Principal Secretary, Information Technology, Govt.

of Bihar

Member

Principal Secretary, General Administration, Govt.

of Bihar

Member

10.

Expert in Business Intelligence

Member

11.

Expert in Econometrics

Member

12.

Expert in Computer Science & Mathematics

Member

13.

Expert in Statistics

Member

14.

Expert in Data Warehousing & Data Mining

Member

15.

Expert in Mathematical Modelling

Member

16.

Expert in Articulating Futuristic Vision for Deptts.

Member

17.

Representative from IT Industry

Member

18.

Representative from Consultancy Organisation

Member

19.

Representative of NISG

Member

20.

Representative of Society for e-Governance

Member

21.

6 Domain Experts (1 for each major domain)

Member

22.

Director General BDA-cum-CEO

Member

Secretary

Convenor

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.

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.

No.

Designation of the Founding Member

Designation/Role

in the Society

Signature

Chief Minister, Govt. of Bihar

Chairman

Finance Minister, Govt. of Bihar

Co-Vice-Chairman

Minister of Information Technology, Govt.

of Bihar

Co-Vice-Chairman

Chief Secretary, Got. of Bihar

Member

Development Commissioner, Govt. of Bihar

Member

बहार गजट (असाधारण), 29 अ, तूबर 2013

Sl.

No.

Designation of the Founding Member

Designation/Role

in the Society

Signature

Director General of Police, Govt. of Bihar

Member

Principal Secretary, Finance, Govt. of Bihar

Member

Principal

Secretary,

Information

Technology, Govt. of Bihar,

Member

Principal Secretary, General Administration,

Govt. of Bihar

Member

10.

Director General BDA-cum-CEO

Member Secretary

& Convenor

Bye-Laws

Big Data Analytics Society

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.

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.

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.

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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.

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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.

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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.

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 :-

बहार गजट (असाधारण), 29 अ, तूबर 2013

Sl. No.

Occupation & Designation

Director General & Head, BDA Chairman

Director-Governance, BDA Convenor

Deputy Director, Finance Member

Deputy Director, Personal & Administration Member

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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.

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 any

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.

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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.

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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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 31^st 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 as

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 31^st 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 31^st 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.

बहार गजट (असाधारण), 29 अ, तूबर 2013

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;

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 the

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

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,

बहार, पटना ारा ूकािशत एवं मु3ित।

बहार गजट (असाधारण) 833-571+500-ड0ट0पी0।

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