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Bangladesh Space Research and Remote Sensing Institution Act, 1991

An Act made to provide for the establishment of the Bangladesh Space Research and Remote Sensing Institution;

Whereas it is expedient to establish an institution to be called Bangladesh Space Research and Remote Sensing Institution;

Now, therefore, it is herewith enacted as follows:-

1. Short title.- This Act may be called Bangladesh Space Research and Remote Sensing Institution Act, 1991.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "Chairman" means Chairman of the Board;
b) "Institution" means the Bangladesh Space Research and Remote Sensing Institution established under this Act;
c) "regulation" means any regulation made under this Act;
d) "Board" means the Managing Board of the Institution;
e) "rule" means any rule made under this Act;
f) "remote sensing" includes the discovery and analysis of mineral resources from airplanes and from space by means of sensors;
g) "member" means member of the Board.

4. Head office of the Institution.- The head office of the Institution shall be situated in Dhaka and it may, if necessary, after the prior approval of the Government, set up branch offices, research offices and establishments at any place in the country.

5. Management and administration.- (1) The Board shall be entrusted with the management and administration of the Institution, and the Board may exercise all the powers and perform all the functions of the Institution.
(2) The Institution, in discharging its functions, shall be guided by such directions as the Government may give from time to time.

6. Board of Management.- (1) The Board of Management shall consist of a permanent Chairman and three permanent members.
(2) The Chairman and the other members of the Board shall be appointed by the Government and the terms and conditions of their employment shall be determined by the Government.
(3) The Chairman shall be the chief executive officer of the Institution.
(4) If the office of the Chairman is vacant or if he fails to discharge his function on account of his absence or illness or for any other reason, a person nominated by the Government shall function as the Chairman until the newly nominated Chairman assumes his office or until the Chairman is able again to discharge his functions.

7. Functions of the Institution.- The Institution shall have the following functions, namely:-

a) peaceful use of space and remote sensing technique in agriculture, forestry, hydrology, land utilization, meteorology, ecology, geography, oceanography, science, education and other fields of knowledge and science and management of research work for the development and peaceful use of such technique;
b) information of the Government and other establishments about the results of the research work referred to in clause a) and distribution of information thereabout;
c) information of the Government about the policy of other countries with regard to space and remote sensing technique and giving advice to the Government on the way in which to determine its policy with regard thereto;
d) provision of investigations, surveys, training and technical research with respect to space and remote sensing technique and co-operation with other domestic, foreign or international institutions or organizations in matters related thereto;
e) preparation and, after the prior sanction of the Government, implementation, of schemes for carrying out research work on space and remote sensing technique;
f) adoption of any measure which may be required to discharge the abovementioned functions.

9. Meetings of the Board.- (1) The Board may, subject to the other provisions of this section, determine the procedure of its meetings.
(2) The meetings of the Board shall be held at the place and time determined by the Chairman.
(3) All the meetings of the Board shall be presided over by the Chairman.
(4) To constitute a quorum at a meeting of the Board no less than three members including the Chairman shall be present.
(5) Each member of the Board shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote.
(6) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board and no question shall be raised with regard thereto.

10. Fund of the Institution.- (1) There shall be a fund to the Institution to which shall be credited the following sums, namely:-

a) grants from the Government;
b) grants from any foreign Government or organization or any international organization after the prior sanction of the Government;
c) grants from any local authority;
d) loans taken after the prior sanction of the Government;
e) sums from any other source.

11. Budget.- The Institution shall every year within such period as may be determined by the Government present a budget statement for the following financial year to the Government, and therein shall be stated to what extent the Institution shall need money from the Government in the said financial year.

12. Accounts and audit.- (1) The Institution shall maintain its accounts properly and prepare an annual report of the accounts.
(2) The controller and auditor-general of Bangladesh, hereinafter referred to as auditor-general, shall audit the accounts of the Institution every year, and shall furnish one copy of his audit report to the Institution and Government, respectively.
(3) The auditor general or any person authorized by him in this behalf may, for the purpose of auditing any account in accordance with sub-section (2), investigate any record, document, cash money or money deposited with banks, security, fund and any other kind of property of the Institution, and may examine the Chairman of the Institution or any of its members, officers or employees.

13. Officers and employees of the Institution.- (1) The Institution shall have one secretary and three financial advisers.
(2) The secretary and the financial advisers shall be appointed by the Government and the terms and conditions of their employment shall be determined by the Government.
(3) The secretary and the financial advisers shall have the powers and responsabilities conferred by the Board and determined by regulation.
(4) The Institution may, after prior sanction of the Government, appoint such additional number of officers and other employees as may be required for the purpose of discharging its functions properly and the service conditions of such officers and employees shall be determined by regulation.

14. Report.- (1) The Institution shall every year before the expiry of September 30th submit to the Government a report including account-books, of its activities during the preceding year.
(2) The Government may, if necessary, at any time require from the Institution reports and statements on any subject relating to the Institution.

15. Protection of action taken in good faith.- No suit at a civil or criminal court nor any other legal proceeding shall lie against the Board, its Chairman or any other of its members or any officer or employee of the Institution, for any damage caused or likely to be caused by anything done in good faith under this Act or the rules or regulations.

16. Delegation of powers.- The Board may, under well-defined conditions, delegate any of its powers or responsabilities to the secretary or any other officer of the Institution.

17. Public servants.- The Chairman and the other members of the Board and the officers and employees of the Institution shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).

18. Power to make rules.- The Government may, by notification in the official Gazette, make rules for the purpose of this Act.

19. Power to make regulations.- The Board may, after the prior sanction of the Government and by notification in the official Gazette, make such regulations as are not inconsistent with the provisions of this Act or the rules, for carrying out the purpose of this Act.

20. Repeals and savings.- (1) Order No. Ref:STD (S-1/21-31/80) of November 26, 1980 of the Science and Technology Division, hereinafter referred to as the said Order, is herewith repealed.
(2) Upon the said repeal-

a) the Space Research and Remote Sensing Organization established by the said Order, hereinafter referred to as the abolished Organization, shall be abolished; .
b) all properties, rights, powers, authorities and conveniences, and all movable and immovable property, cash money and money on bank accounts and all other claims and rights of the abolished Organization shall be transferred to the Institution and the Institution shall have the rights over them;
c) all suits filed by or against the abolished Organization which were pending at the time of the said repeal shall be deemed to have been filed by or against the Institution;
d) all the officers and employees of the abolished Organization shall, notwithstanding anything contained in any contract, document or service regulation, be transferred to the Institution, and they shall be deemed its officers and employees, and they shall be appointed under the same conditions of service under the Institution which they had before being transferred, until the Institution, after the prior approval of the Government, changes them.