The Bangladesh Rural Development Board Ordinance, 1982
An Ordinance to provide for the establishment of the Bangladesh Rural Development Board.
An Ordinance to provide for the establishment of the Bangladesh Rural Development Board. WHEREAS it is expedient to provide for the establishment of a Board for rural development in Bangladesh to formulate policies, co-ordinate activities and supervise implementation of various projects and programmes relating to rural development and for development of rural economy of the country and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
Section 1. Short title
This Ordinance may be called the Bangladesh Rural Development Board Ordinance, 1982.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,-
Section 3. Establishment of the Board
(1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Rural Development Board for carrying out the purposes of this Ordinance.
(2) The Board shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules made thereunder, to acquire, hold and dispose of property both movable and immovable, and shall by the said name sue and be sued.
Section 4. Head Office, etc.
(1) The Head Office of the Board shall be at Dhaka.
(2) The Board may establish offices at such other places as it deems fit.
Section 5. Constitution and composition of the Board, etc
(1) The Board shall consist of the following members, namely:-
(2) The elected and nominated members shall hold office for a period of one year.
(3) No act done by the Board shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution or composition of, the Board.
Section 6. Meetings of the Board
(a) The meetings of the Board shall be held at least six times in each calendar year, and at least once in every two months.
Section 7. Functions of the Board
(1) The functions of the Board shall be-
(2) Without prejudice to the generality of the provisions of sub section (1), the Board may for the performance of its functions:-
Section 8. Director General, etc.
(1) There shall be appointed by the Government a Director General who shall be the chief executive officer of the Board with responsibilities for carrying out the decisions and performing the executive functions of the Board.
(2) There shall be appointed by the Government such number of Directors of the Board as it may fix from time to time.
(3) The Director-General and the Directors shall hold office for such period and on such terms and conditions as the Government may determine.
(4) If the Director-General is, for illness, or for any other reason, incapable of performing his duties under this Ordinance, the Government may authorise any Director to perform the duties of the Director-General during the period for which he is so incapable.
Section 9. Funds
(1) There shall be three Funds of the Board, namely, the Rural Development Fund, the Special Projects Fund and the Board Operating Fund.
(2) The Rural Development Fund shall be utilised for channelling to the village based primary cooperative societies and TCCAs for their promotional, motivational and developmental activities.
(3) The Special Projects Fund shall be utilised for undertaking specific and well defined tasks assigned to the Board by the Government or for execution of special projects for which special agreement have been signed between the Government and the Board.
(4) The Board Operating Fund shall be utilised for the pay and allowances of the Director-General, Directors, officers and staff and for all other operational and incidental expenses of the Board.
Section 10. Grants, etc., to the Funds
(1) To the credit of the Rural Development Fund shall be placed-
(2) To the credit of the Special Projects Fund shall be placed-
(3) To the credit of the Board Operating Fund shall be placed-
Section 11. Borrowing power
The Board may, with the prior approval of the Government, borrow money from any source in Bangladesh for carrying out the purposes of the Ordinance.
Section 12. Budget
The Board shall, by such date before the commencement of each financial year as the Government may direct, submit to the Government for approval a budget, in the prescribed form, for each financial year showing the estimated expenditures and receipts, if any, and the sums likely to be required from the Government during the financial year for each of the Funds specified in section 9.
Section 13. Audit and Accounts
(1) The Board shall maintain its accounts in such manner and form as the Government may prescribe.
(2) The accounts of the Board shall be audited by the Comptroller and Auditor General of Bangladesh, hereinafter in this section referred to as the Auditor General, in such manner as he deems fit.
(3) For the purpose of an audit under sub section (2) the Auditor General or any person authorised by him in this behalf shall have access to all records, books, documents, cash securities, stores and other property of the Board and may examine the Director General or any Director or any officer or employee of the Board.
(4) The Auditor General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it with its comments thereon to the Government.
(5) The Board shall take steps forthwith to remedy the defects or irregularities pointed out in the audit report.
Section 14. Three level functionaries
(1) The Board's functions shall be at three levels, namely, the National level, the district level and the thana level.
(2) The strength of the officers and members of the staff and their functions at each level shall be determined by the Board with the prior approval of the Government.
Section 15. Appointment of officers, etc.
The Board may, subject to the overall sanctioned strength and budgetary provisions and also subject to regulations as may be made under the Ordinance in this behalf, create such posts of officers, consultants, advisers, auditors and other employees as it considers necessary for the efficient discharge of its functions under this Ordinance and appoint them on such terms and conditions as the Board may determine
Section 16. Submission of reports, etc.
(1) The Board shall submit to the Government, as soon as possible after the end of every financial year, a detailed report on the conduct of its affairs for that year.
(2) The Board shall submit to the Government at such time and at such interval as the Government may specify-
Section 17. Delegation of powers
The Board may, by general or special order, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable by the Director-General, a Director or an officer of the Board as may be specified therein.
Section 18. Public Servant, etc.
A member shall, while acting or purporting to act in pursuance of any provision of this Ordinance or rules and regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).
Section 19. Indemnity
No suit, prosecution or other legal proceeding shall lie against the Chairman, any member, adviser, consultant, officer or other employee of the Board for anything done or intended to be done in good faith under this Ordinance.
Section 20. Power to issue directions
The Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for carrying out the purposes of this Ordinance; and the Board shall comply with all such directions.
Section 21. Removal of difficulties
If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may make such order, not inconsistent with the provisions of this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty.
Section 22. Power to make rules
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
Section 23. Power to make regulations
(1) The Board may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.
(2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.
Section 24. Winding up
No provision of law relating to the winding up of bodies corporate shall apply to the Board, and the Board shall not be wound up except by order of the Government, and in such manner as the Government may direct.
Section 25. Dissolution of Integrated Rural Development Programme
Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or bye-law, or in any contract or agreement, upon the establishment of the Board-