An Ordinance to provide for the establishment of a Fisheries Research Institute.1 WHEREAS it is expedient to provide for the establishment of a Fisheries Research Institute and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
(1) This Ordinance may be called the Fisheries Research Institute Ordinance, 1984.
(2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
In this Ordinance, unless there is anything repugnant in the subject or context,-
(1) There shall be an Institute to be called the Fisheries Research Institute for carrying out the purposes of this Ordinance.
(2) The Institute shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
Subject to the rules and regulations made under this Ordinance, the general direction, administration and supervision of the affairs of the Institute shall vest in a Board of Governors which may exercise all powers and do all acts and things that may be exercised or done by the Institute.
Provided that where, in the opinion of the Institute, it is not possible to give effect to such recommendation or advice or any part thereof,-
Provided further that the recommendation or advice so modified of issued afresh, as the case may be, shall be deemed to be a direction under clause (a) and shall be complied with accordingly.
(1) The Board shall consist of the following members, namely:-
(1) The members specified in clause (i) of section 5A shall hold office for a period of three years from the date of their nomination:
Provided that such members may resign their membership in writing addressed to the Chairman.
(2) A person shall cease to be a member, if he-
The functions of the Institute shall be-
(1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed:
Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Board, not less than five members shall be present.
(3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and, in the absence of both, by a member authorised in writing by the Chairman.
(4) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.
(1) There shall be a Director-General of the Institute who shall be appointed by the Government for such period and on such terms and conditions as may be determined by it.
(2) The Director-General shall be a whole time officer and the Chief executive of the Institute.
(3) Subject to the provisions of this Ordinance, the Director-General shall be responsible for the efficient management of the affairs and business of the Institute and for the proper execution of the decisions of the Board.
(4) The Director-General shall perform such other functions as may be assigned to him by the Board or as may be prescribed.
(5) If a vacancy occurs in the office of the Director-General or if the Director-General is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Director-General as it may consider expedient.
Subject to the approval of the Government, the Institute may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.
The Board may appoint such committees as it may consider necessary to assist it in the performance of its functions.
The Board may, by general or special order in writing, 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 also by the Chairman or the Director or by such other member or by such officer of the Institute as may be so specified:
Provided that no power to make regulations under section 19 shall be delegated under this section.
(1) The funds of the Institute shall comprise –
(2) The funds of the Institute shall be kept in a nationalised commercial bank or in such other scheduled bank as the Government may determine.
The Institute shall, by such date in each year as may be specified by the Government, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditures and the sums which are likely to be required from the Government during that financial year.
(1) The Institute shall maintain its accounts in such manner and form as may be prescribed.
(2) The accounts of the Institute 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 Institute and may examine the Chairman or any member or any officer or employee of the Institute.
(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 Institute shall take steps forthwith to remedy any defect or irregularity pointed out in the audit report.
(1) The Institute shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year.
(2) The Government may require the Institute to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Institute and the Institute shall comply with every such requisition.
(1) Notwithstanding anything contained in any other law for the time being in force or in any regulation, resolution, agreement, contract or other instrument, on the commencement of this Ordinance-
Provided that the Institute may, with the approval of the Government, alter such terms and conditions:
Provided further that if the terms and conditions so altered are disadvantageous to any officer or employee, such officer or employee may opt to revert to his original post or service.
(2) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be given effect to as part of the provisions of this Ordinance.
No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, the Director or any member or any officer or employee of the Institute for anything done or intended to be done in good faith under this Ordinance.
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
(1) The Board may make regulations, not inconsistent with this Ordinance or 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.