The Bangladesh Unnayan Gobeshona Protishthan Act, 1974

♥An Act to establish the Bangladesh Unnayan Gobeshona Protishthan.

Act No. ACT NO. XXIX OF 1974

Date: 16th February, 1974

♥An Act to establish the [Bangladesh Unnayan Gobeshona Protishthan]. WHEREAS it is expedient to provide for the establishment of ¹a Protishthan for the purpose of undertaking and promoting study, research and dissemination of knowledge in the field of development economics, demography and other social sciences and for connected purposes; It is hereby enacted as follows:-

Section 1. Short title

This Act may be called the ²Bangladesh Unnayan Gobeshona Protishthan Act, 1974.

Section 2. Definitions

In this Act, unless context otherwise requires,-

(a) “Board” means the ³Board of Trustees of the Protishthan constituted under section 7;

⁴(aa) “Committee” means a Committee constituted under this Act; ⁵(b) “Chairman”, “Director-General” and “Senior Fellows” respectively means the Chairman or his nominee as provided in section 8(2), the Director-General and the Senior Fellows of the Protishthan; ⁶ *

(d) “Prescribed” means prescribed by rules made under this Act ⁷;

(e) “Protishthan” means the Bangladesh Unnayan Gobeshona Protishthan established under section 3;

(f) “Secretary” means the Secretary of the Protishthan.

Section 3. Establishment and incorporation

(1) As soon as may be after the commencement of this Act, there shall be established ⁸a Protishthan to be called the Bangladesh Unnayan Gobeshona Protishthan (BIDS).

(2) The Protishthan shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.

Section 4. Headquarters of the Protishthan

(1) The Headquarters of the Protishthan shall be at Dacca.

(2) The Protishthan may establish its branches at such places as the Board may decide.

Section 5. Aims and objects of the Protishthan

(1) The aims and objects of the Protishthan shall be -

(a) to function as an agency for undertaking and promoting study, research and dissemination of knowledge in the field of development economics, demography and other social sciences relating to planning for national development and social welfare;

(b) to collect information, conduct investigations and undertake research projects for purposes of assistance in planning, and formulation of policy, and implementation of plans and policies;

(d) to provide information and offer advice on modern research techniques and methodology in economics, demography and other social sciences.

(2) In particular and without prejudice to the generality of the above aims and objects, the Protishthan shall have power-

(a) to conduct survey, experiment, demonstration, to hold meetings and to arrange lectures, seminars, discussions and conferences on economics, demography and other social sciences relating to studies of problems of national development and social welfare, hereinafter referred to as the studies;

(b) to publish books, periodicals, reports and research and working papers on the studies;

(c) to undertake investigations including field work on the studies on its own behalf or on behalf of, or in collaboration with, the Government or any institution;

(d) to establish and maintain contact with foreign scholars and their works on the studies through co-operative studies, seminars and exchange of visits or otherwise;

(e) to maintain libraries and reading rooms and equipment and instruments, such as printing presses, computational and other research and office equipment, photographic and other reproduction instruments for its proper functioning;

(f) to institute Research Associateships, Fellowships of different categories including National Research Fellowships for professional workers on the studies;

(g) to create within itself from time to time branches, divisions, sections, centres and other units for the proper and efficient conduct of the activities of the Protishthan in different fields of the studies;

(h) to accept endowments, gifts, donations, grants and other funds and payments in lieu of services rendered;

(i) to take such other actions as may further the aims and objects of the Protishthan.

Section 6. Management

The general direction and superintendence of the affairs of the Protishthan shall vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Protishthan in accordance with the provision of this Act.

Section 7. Board

The Board shall consist of the ⁹following Trustees-

(a) the Minister for Planning, ex-officio;

(b) the Deputy Chairman, Planning Commission, ¹⁰or a Member of the Planning Commission to be nominated by the Chairman;

¹¹(c) the Director-General of the Protishthan, ex-officio;

(d) the Chairman, or a member, of the University Grants Commission to be nominated by it;

(e) the Governor, Bangladesh Bank, ex-officio;

(f) the Secretary, Ministry of Finance, ex-officio;

(g) the Secretary, Ministry of Education, ex-officio;

(h) the Chairman, Social Science Research Council, ex-officio;

(i) two Senior Fellows to be elected from amongst themselves for a term of three years;

¹²(j) three senior staff members of the Protishthan to be nominated by the Director-General on the recommendation of the Policy Co-ordination Committee for a term of three years;

(k) the Director-General, Bangladesh Rural Development Board, ex-officio;

(l) one Trustee to be appointed by the President.

Section 8. 13[Chairman]

(1) The Minister for Planning, Government of the People's Republic of Bangladesh, shall ¹⁴ex-officio be the Chairman of the Protishthan.

(2) The ¹⁵Chairman may from time to time nominate a ¹⁶Trustee of the Board to act in his place in the Board.

Section 9. Director-General

¹⁷(1) The Director-General shall be appointed by the Board for a term of three years on such conditions as the Board may determine:

Provided that the Director-General shall be eligible for re-appointment for another term.

(2) The Director-General shall be the chief executive of the Protishthan and subject to the provisions of the Act, he shall administer the affairs and the funds of the Protishthan in such manner as may be prescribed.

(3) The Director-General shall be responsible for implementation of the decisions of the Board in directing, conducting and co-ordinating the research and other activities of ¹⁸the Protishthan with the assistance of the Committees.

(4) The Director-General may, with the approval of the Board, appoint such officers and employees as may be considered necessary for efficient performance of the functions of the Protishthan on such terms and conditions as may be determined.

(5) [Omitted by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984).]

Secretary

¹⁹10. (1) There shall be a Secretary of the Protishthan who shall be appointed by the Board on such terms and conditions as the Board may determine.

(2) The Secretary shall be responsible to the Director-General and shall assist the Director-General and the Committees in the discharge of their duties.

(3) The Secretary shall act as Secretary to the Board.

Section 10A. Committees

The Protishthan shall constitute the following Committees, namely:-

(a) The Policy Co-ordination Committee;

(b) the Administrative Affairs Committee;

(d) such other Committees as the Protishthan may deem fit to constitute.

Section 10E. Disagreement among Committees, etc.

In the event of any disagreement between two Committees or between a Committee and the Director-General, the matter shall be referred to the Board and the decision of the Board shall be final.]

Section 10B. The Policy Co-ordination Committee

(1) The Policy Co-ordination Committee shall consist of the following members, namely:-

(a) the Director-General, ex-officio, who shall also be the Chairman of the Committee;

(b) all Research Directors of the Protishthan, ex-officio;

(d) the Chairmen of the Administrative Affairs Committee and the Finance Committee, ex-officio;

(e) the Secretary, ex-officio;

(f) one Research Fellow of the Protishthan to be nominated by the Chairman;

(g) one member-secretary to be nominated by other members of the Committee from among the Research Fellows of the Protishthan.

(2) A member, other than an ex-officio member, shall hold office for a term of one year but shall continue to hold office until his successor enters upon his office.

(3) The Committee shall-

(a) make recommendations to the Director-General on the following matters, namely:-

(i) allocation of research fund and awarding of scholarships and fellowships;

(ii) nomination of representatives of the Protishthan to seminars, workshops and other professional activities;

(iii) appointment to temporary posts for a period not exceeding six months;

(iv) control, management and administration of the projects;

(v) nomination of members of the Administrative Affairs Committee and the Finance Committee;

(b) exercise such other powers and perform such other functions as may be assigned to it by this Act or the Board.

(4) The Committee may set up sub-committees to assist it in the discharge of its functions.

Section 10C. The Administrative Affairs Committee

(1) The Administrative Affairs Committee shall consist of the following members, namely:-

(a) two members of the research staff not below the rank of Research Fellow of the Protishthan to be nominated by the Board;

(b) the Secretary, ex-officio;

(2) The most senior research staff of the Committee shall be its Chairman.

(3) A member, other than an ex-officio member, shall hold office for a period of one year but shall continue to hold office until his successor enters upon his office.

(4) The Committee shall make recommendations to the Director-General on the following matters, namely:-

(a) accommodation, transport and general administration;

(b) personnel matters of the non-research staff of the Protishthan excluding section heads;

Section 10D. The Finance Committee

(1) The Finance Committee shall consist of the following members, namely:-

(a) three members of the research staff not below the rank of Research Fellow of the Protishthan to be nominated by the Board;

(b) the Secretary, ex-officio;

(2) The most senior research staff of the Protishthan shall be its Chairman.

(3) A member, other than an ex-officio member, shall hold office for a period of one year but shall continue to hold office until his successor enters upon his office.

(4) The Committee shall-

(a) supervise the income and expenditure of the Protishthan;

(b) advise the Director-General on all matters relating to accounts, administration of property, funds, preparation of budget and clearance of bills;

Section 11. Senior Fellows

(1) There shall be not more than twelve Senior Fellows who shall be appointed by the Protishthan from amongst the person who, by virtue of their high professional qualifications and experience, have attained eminence in the field of development economics, demography and other social sciences and are willing to serve in their individual capacity without any honoraria to achieve the aims and objects of the Protishthan.

(2) A Senior Fellow shall be appointed for a term of three years and shall be eligible for re-appointment.

²⁰ *.

(3) The Senior Fellows shall advise and assist the Protishthan in formulating and carrying out its research, training, publication and other professional programmes.

(4) A Senior Fellow who fails to attend three or more consecutive meetings of the Senior Fellows of the Protishthan shall be deemed by the Protishthan to have resigned as a Senior Fellow and such resignation shall become effective upon notification thereof by the Protishthan.

Section 12. Indemnity etc.

The Director-General and every officer, adviser and employee of the Protishthan shall be indemnified by the Protishthan against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his wilful act or default.

Section 13. Meetings of the Board

(1) The meetings of the Board shall be held at such times and places as may be prescribed:

Provided that meeting of the Board may also be otherwise convened by the Director-General if he so desires.

(2) Five Trustees including the Chairman shall form the quorum at a meeting of the Board.

(3) At a meeting of the Board, each Trustee shall have one vote, but in the event of equality of votes, the Chairman or his nominee shall have a second or casting vote.

(4) The meeting of the Board shall be presided over by the Chairman and in his absence by such other Trustee who may be so nominated by the Chairman as provided in section 8(2) and in the absence of both of them, by a person elected for the purpose by the Trustees present from amongst themselves.

(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board.

(6) All acts done by a person acting in good faith as the Director-General of the Protishthan or a Trustee of the Board shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force:

Provided that nothing in this section shall be deemed to give validity to any act of the Director-General or a Trustee of the Board after his appointment has been shown to be invalid or to have been terminated.

Meetings of the Committees

²¹13A. (1) The meetings of the Committees shall be held at such times and places as may be prescribed:

Provided that the meetings of the Committees may also be otherwise convened by the Chairman of the Committee if he so desires.

(2) Not less than one-third of the total number of members shall form the quorum at a meeting of the Committee.

(3) At a meeting of the Committee, each member shall have one vote, but in the event of equality of votes, the Chairman of the Committee shall have a second or casting vote.

(4) The meeting of a Committee shall be presided over by the Chairman of the Committee and, in the absence of the Chairman, by a member elected for the purpose by the members present from among themselves.

Section 14. Fund

(1) The Protishthan shall have its own fund which shall consist of-

(a) grants made by the Government;

(b) gifts and endowments;

(d) income from research undertakings;

(e) assistance from aid-giving agencies including foreign Governments and foundations; and

(f) other sources.

(2) All funds of the Protishthan shall be kept in any bank or banks approved by the Board.

Section 15. Budget

The Protishthan shall, by such date in each year as may be prescribed, submit to the Government for approval, a budget in the prescribed form for each financial year showing the estimated receipts and expenditure ²² * during that financial year.

Section 16. Accounts of Receipts and Expenditure

(1) The Board shall maintain in the prescribed manner the accounts of all receipts and expenditure of the Protishthan and such account shall be audited annually by such auditors as may be appointed by it in this behalf.

(2) At the request of the Government, copies of such audited report may be supplied to them for their examination.

Section 17. Report, Statement of accounts, etc.

The Protishthan shall, as soon as possible after the end of every financial year, prepare an annual report of the working of the Protishthan and a statement of the estimate of the receipts and expenditure of the Protishthan for the next financial year and present the same in the next meeting of the Board for discussion and approval.

Section 18. Power to make rules

The Board may make rules for carrying out the purpose of this Act.

Section 19. Dissolution of the Bangladesh Institute of Development Economics

Upon the commencement of this Act, the Bangladesh Institute of Development Economics, established by the erstwhile Government of Pakistan, Ministry of Education Notification No. S. R. O. 370 (K)/64, dated, the 1st May, 1964, hereinafter referred to as the Development Institute, shall, notwithstanding anything contained in the said Notification, stand dissolved and upon such dissolution-

(a) all assets of the Development Institute shall stand transferred to, and vested in, the Protishthan;

Explanation. The expression “assets” includes all rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, grants and all other interests and rights, in or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto;

(b) such liabilities or class of liabilities of the Development Institute as the Government may direct shall become the liabilities of the Protishthan;

(c) subject to the provisions of section 11(2), the existing Director of the Development Institute, becoming Chairman under section 9(5), all officers, Senior Fellows, Visiting Scholars, Research Associates and employees of the Development Institute shall be deemed to the Chairman, officers, Senior Fellows, Visiting Scholars, Research Associates and employees of the Protishthan and shall hold office on the same terms and conditions as were enjoyed by them immediately before the commencement of this Act and shall continue to do so unless and until their terms and conditions including remuneration are duly altered by the Protishthan:

Provided that the Board may alter their terms and conditions of service including remuneration whenever considered necessary for the sake of uniformity and in the interest of equity with other services and as necessary to confirm former positions in the Development Institute to corresponding positions in the Protishthan.

Section 20. Validity of the past act

[Validity of the past Act.- Omitted by section 19 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (XXXI of 1984).]

Footnotes

1.The words “a Protishthan” were substituted for the words “an Institute” by section 3 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

2.The words “Bangladesh Unnayan Gobeshona Protishthan” were substituted for the words “Bangladesh Institute of Development Studies” by section 4 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

3.The words “Board of Trustees of the Protishthan” were substituted for the words “Board of the Institute” by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

4.Clause (aa) was inserted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

5.Clause (b) was substituted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

6.Clause (c) was omitted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

7.The semi-colon (;) was substituted for the full stop (.) and thereafter clauses (e) and (f) were added by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

8.The words, brackets and letters “a Protishthan to be called the Bangladesh Unnayan Gobeshona Protishthan (BIDS)” were substituted for the words “an Institute to be called the Bangladesh Institute of Development Studies” by section 6 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

9.The words “following Trustees” were substituted for the words “following members” by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

10.The words “or a Member of the Planning Commission to be nominated by the Chairman ” were substituted for the words “ex-officio” by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

11.Clause (c) was substituted by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

12.Clauses (j), (k) and (l) were substituted for earlier clauses (j) and (k) by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

14.The words “ex-officio be the Chairman of the Protishthan” were substituted for the words “be the President of the Institute” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

15.The word “Chairman” was substituted for the word “President” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

16.The word “Trustee” was substituted for the word “member” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

17.Sub-section (1) was substituted by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

18.The words “the Protishthan with the assistance of the Committees” were substituted for the words “the Institute” by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

19.Sections 10, 10A, 10B, 10C, 10D and 10E were substituted for former section 10 by section 11 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

20.The proviso was omitted by section 12 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

21.Section 13A was inserted by section 15 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)

22.The words “and the sums which are likely to be required from the Government” were omitted by section 17 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)