The Bangladesh Academy for Rural Development Ordinance, 1986

An Ordinance to provide for the establishment of the Bangladesh Academy for Rural Development.1

Act No. Ordinance NO. LXIV OF 1986

Date: 9th July, 1986

An Ordinance to provide for the establishment of the Bangladesh Academy for Rural Development.¹ WHEREAS it is expedient to provide for the establishment of the Bangladesh Academy for Rural Development 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:-

Section 1. Short title

This Ordinance may be called the Bangladesh Academy for Rural Development Ordinance, 1986.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) “Academy” means the Bangladesh Academy for Rural Development established under this Ordinance;

(b) “Board” means the Board of Governors of the Academy;(c) “Chairman” means the Chairman of the Board;

²(d) “Director-General” means the Director-General of the Academy appointed under this Ordinance;

(e) “member” means a member of the Board;

(f) “prescribed” means prescribed by rules or regulations made under this Ordinance;

(g) “Vice-Chairman” means the Vice-Chairman of the Board.

Section 3. Establishment of the Academy

(1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish an Academy to be called the Bangladesh Academy for Rural Development for carrying out the purposes of this Ordinance.

(2) The Academy 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.

Section 4. Head Office

The Head Office of the Academy shall be located at Kotbari in the district of Comilla.

Section 5. Place of experiment of schemes

The Academy may use any place or places within Comilla Sadar Upazila and any other Upazila in the administrative divisions of Chittagong and Dhaka as may be decided by the Academy for the purpose of experiment of schemes for rural development.

Section 6. General Direction

Subject to rules made under this Ordinance, the general direction and administration of the affairs of the Academy shall vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Academy.

Section 7. Board

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

(a) Minister in-charge of the Ministry or Division dealing with the local Government, rural development and co-operatives who shall also be the Chairman of the Board, ex-officio;

(b) Secretary in-charge of the Ministry or Division dealing with the rural development and co-operatives, who shall also be the Vice-Chairman of the Board, ex-officio;

³(bb) Secretary in-charge of the Ministry or Division dealing with Establishment, ex-officio;

(d) Secretary in-charge of the Ministry or Division dealing with finance, ex-officio;

(e) Secretary in-charge of the Ministry or Division dealing with local Government, ex-officio;

(f) Member dealing with rural institution, Planning Commission, ex-officio;

(g) Rector, Public Administration Training Centre, ex-officio;

(h) Executive Vice-Chairman, Bangladesh Agricultural Research Council, ex-officio;

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

(j) Chairman, Bangladesh Institute of Development Studies, ex-officio;

(k) Registrar, Co-operative Societies, ex-officio;

(l) Director-General, Rural Development Academy, Bogra, ex-officio;

(m) Director General, National Institute of Local Government, ex-officio;

(n) Chairman, Jatiya Palli Unnyan Samabaya Federation, ex-officio;

(o) Chairman, Jatiya Samabaya Union, ex-officio;

(p) not exceeding four persons to be nominated by the Government ⁴;

(q) Director-General, Bangladesh Academy for Rural Development, who shall also be the member-secretary of the Board, ex-officio.

(2) A nominated member shall, unless removed earlier by the Government, hold office for a period of three years from the date of his nomination.

(3) A nominated member may resign his office by writing under his hand addressed to the Chairman:

Provided that no resignation shall take effect until it has been accepted by the Government.

Section 8. Functions of the Academy

The functions of the Academy shall be-

(a) to conduct research in rural development and allied fields;

(b) to provide training to government officials and others concerned with rural development;

(d) to evaluate the programmes and activities relating to rural development;

(e) to provide advisory and consultative service to the Government and other agencies;

(f) to guide and supervise students, national and foreign, in their dissertation works;

(g) to arrange and conduct national and international seminars, conferences and workshops;

(h) to held policy planners in the field of rural development

General power of the Government to give directions

9. The Government may, from time to time, give directions to the Board to take such measures as it considers necessary to rural development and for carrying out the purposes of this Ordinance and the Board shall comply with such directions.

Section 10. Meeting of the Board

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

Provided that at least three meetings shall be held in a year.

(2) To constitute a quorum at a meeting of the Board, not less than one-third of the total number of 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.

(4) All matters at a meeting of the Board shall be decided by the votes of the majority of the members present and voting.

(5) At a meeting of the Board, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote.

(6) 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.

Section 11. Special power of Chairman

If any situation arises where Board's immediate decision is called for in the interest of the Academy, the Chairman may give such decision and shall report his action to the Board.

Section 12. Director-General

(1) There shall be a Director-General of the Academy who shall be appointed by the Government 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 Academy.

(3) Subject to the provisions of this Ordinance, the Director-General shall manage the affairs and fund of the Academy and shall be responsible for the proper execution of the decisions of the Board.

(4) 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.

Section 13. Appointment of officers, etc.

The Academy shall, subject to such general and special instructions as the Government may give from time to time, appoint such officers, advisers, experts, consultants or other employees as it may consider necessary for the performance of its functions on such terms and conditions as may be determined by it or as may be prescribed.

Section 14. Power to borrow

The Academy may, with the prior approval of the Government, borrow money for carrying out the purposes of this Ordinance.

Section 15. Fund

(1) There shall be a fund if the Academy which shall consist of-

(a) grants-in-aid and other grants made by the Government;

(b) Loans obtained from the Government;

(d) Loans raised by the Academy from inside Bangladesh;

(e) foreign aid and loans obtained with the approval of the Government;

(f) gifts and endowments;

(g) sale proceeds and royalties;

(h) receipts from any other service.

(2) The funds of the Academy shall be kept in a scheduled bank approved by the Board.

Section 16. Budget

The Academy shall, by such date as the Government may fix, submit to the Government for its approval a budget for each financial year showing the estimated receipts and expenditure during that year and the sums which are likely to be required from the Government for that financial year.

Section 17. Audit and Accounts

(1) The Academy shall maintain its accounts in such manner and form as the Government may prescribe.

(2) The accounts of the Academy 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 Academy and may examine the Chairman, any member, the Director-General or any other officer or adviser, consultant or employee of the Academy.

(4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Academy his audit report and the Academy shall forward it with its comments thereon to the Government.

(5) The Academy shall take steps forthwith to remedy the defects or irregularities pointed out in the audit report.

Section 18. Submission of reports and returns

(1) The Academy shall submit a half yearly report to the Government on the conduct of its affairs.

(2) The Government may require the Academy to furnish any return, statement, estimate, statistics or other information regarding any matter under the control of the Academy and the Academy shall comply with every such requisition.

Section 19. Committee

The Academy may appoint such committees as may be necessary to discharge such functions as may be assigned to them by the Board.

Section 20. Delegations 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 exercised also by the Director-General or any other officer as the Board may decide in this behalf

Section 21. Indemnity

No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, any member, the Director-General or any other officer, adviser, consultant or employee of the Academy for anything done or intended to be done in good faith under this Ordinance.

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

The Academy may make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters not required to be provided for by rules and for which provisions is necessary or expedient for carrying out the purposes of this Ordinance.

Section 24. Abolition of the Academy for Rural Development, etc.

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 Academy,-

(a) the erstwhile Government of Pakistan, Ministry of Economic Affairs Resolution No. 18(1)-VAI/57-A, dated the 19th September, 1957 shall stand rescinded;

(b) the Academy for Rural Development established under the said Resolution, hereinafter referred to as the dissolved Academy, shall stand abolished;

balance, reserve funds, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto, of the dissolved Academy shall stand transferred to and vest in the Academy;

(d) all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the dissolved Academy before establishment of the Academy shall be deemed to have been incurred entered into or engaged to be done by, with or for, the Academy;

(e) every person in the service of the dissolved Academy shall stand transferred to the Academy and shall serve the Academy on the same terms and conditions as were applicable to him immediately before his transfer and shall continue to do so unless and until the employment in the Academy is terminated or until his terms and conditions of service is altered by the Academy;

(f) every person in the service of the Republic serving in, or in connection with, the affairs of the dissolved Academy shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, serve, if so required by the Government, under the Academy; and

(g) anything done, any action taken, order passed, appointment made, notification issued, or purported to have been done, taken, passed, made or issued by the dissolved Academy or by the Government in respect of the dissolved Academy before such establishment, shall be deemed to have been validly done, taken, passed, made or issued and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court of law.

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Footnotes

1.Throughout this Ordinance the word “Director-General” was substituted for the word “Director” by the Bangladesh Academy for Rural Development (Amendment) Act, 1992 (Act No. XXIX of 1992)

2.Clause (d) was substituted by section 2 of the Bangladesh Academy for Rural Development (Amendment) Act, 1992 (Act No. XXIX of 1992).

3.Clause (bb) was inserted by section 3 of the Bangladesh Academy for Rural Development (Amendment) Act, 1992 (Act No. XXIX of 1992).

4.The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (q) was inserted by section 3 of the Bangladesh Academy for Rural Development (Amendment) Act, 1992 (Act No. XXIX of 1992).