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Bagura Village Development Academy Act, 1990

Act NO.10, 1990

An Act to establish the Bagura Village Development Academy.

Whereas it is expedient to establish an Academy for the development of Bagura village; therefore the following Act is hereby passed.

1. Short title and commencement.- (1) This Act may be called The Bagura Village Development Academy Act, 1990.
(2) This Act shall be deemed to have come into force on first January 1990 .

2. Definitions.- In this Act, unless there is anything repugnant in the context,-

(a) "Academy" means the Bagura Village Development Academy established under this Act.
(b) "Regulation" means the regulation made under this Act;
(c) "Rule" means a rule made under this Act;
(d) "Board" means the Management Board of the Academy;
(e) "Director-General" means the Director-General of the Academy;
(f) "Member" means a member of the Board;
(g) "Chairman" means the Chairman of the Board.

4. Usual Management.- The Board shall be entrusted with the management and administration of the Academy, and the Board may exercise all the powers and perform all the functions of the Academy.

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

(a) a minister in charge of the ministry or department concerned with village uplift and co-operation;
(b) an under-secretary in charge of the ministry or department concerned with village uplift and co-operation, if any;
(c) a secretary, or any officer appointed to the responsibilities of a secretary, of the ministry or department concerned with village uplift and co-operation;
(d) a secretary of the ministry or department of agriculture, or an officer nominated by him holding the official status of at least a joint-secretary;
(e) a secretary of the ministry or department of finance, or an officer appointed by him holding the official status of at least a joint-secretary;
(f) a secretary of a local Government ministry or department, or an officer nominated by him holding the official status of at least a joint-secretary;
(g) a secretary of the ministry or department of foundation, or an officer nominated by him holding the official status of at least a joint-secretary;
(h) a member appointed by the Village Foundation Wing of the Planning Commission;
(i) the Rector, Bangladesh People's Administration and Education Centre;
(j) the Director-General, Bangladesh Village Development Board;
(k) the Director-General, Bangladesh Village Development Academy, Comilla;
(l) a commissioner, Rajshahi Department;
(m) a registrar, cooperation councils;
(n) a manager, Institute of Bangladesh Studies, Rajshahi University;
(o) a vice-chancellor, Bangladesh Agriculture University, Mymensingh, or a chairman nominated by him holding the official status of a teacher of any faculty of the said university;
(p) a manager, National Local Government Foundation;
(q) four persons nominated by the Government;
(r) the Director-General of the Academy.

6. Research area.- The Academy may use any area included in the Khulna and Rajshahi departments, as well as, with the approval of the Government, any area excluded, for village uplift research.

7. Responsibilities of the Academy.- The Academy shall have the following responsibilities, namely:-

(a) directing any research about any subject related to village uplift;
(b) training governmental officers appointed for village uplift work and others;
(c) examining, and searching for facts concerning the stratagem and procedure of village uplift;
(d) evaluating programmes and works concerning village uplift;
(e) teaching and consulting the Government and other institutions concerning village uplift;
(f) managing and guiding the works of Bangladeshi and foreign persons appointed for higher research concerning village uplift;
(g) inviting for and managing national and international seminars, meetings and workshops;
(h) assisting in determining the policy of village uplift;
(i) creating joint programmes, with the approval of the Government, with national or international institutions of research, education and training concerned with village uplift;
(j) starting a diploma certificate course on different subjects related to village uplift, with the approval of the Government.

9. Meetings of the Board.- (1) The Board shall hold a meeting at least once in six months, and the chairman shall determine date, time and place of the meeting.
(2) Subject to the provisions of this section, the mode of procedure in the meetings of the Board shall be determined by regulation.
(3) The quorum of the Board's meetings shall be formed if one thirt of the total membership is present; there shall,however, be no need of a quorum, if the meeting is adjourned.
(4) The chairman shall preside over all meetings of the Board, and in his absence the co-chairman shall preside.
(5) Every member shall have one vote, and in case of equality of votes the chairman of the meeting shall have a casting vote in addition to his own.
(6) No action or procedure of the Academy shall be illegal merely on the ground of a vacancy of any member's post or any deficiency in the formation of the Board, and concerning this no question may be raised.

10. Special powers of the chairman.- If an immediate decision seems expedient in the interest of the Academy, the chairman may take whatever decision, and he shall bring it to the attention of the Board immediately.

11. Director-General.- (1) The Academy shall have a Director-General.
(2) The Director-General shall also be the secretary of the Board.
(3) The Director-General shall be appointed by the Government, and the conditions of his service shall be determined by the Government.
(4) If the post of the Director-General is vacant, or if because of absence, sickness or any other reason he is unable to discharge his duties, any person nominated by the Government shall take on the duties of the Director-General until a newly appointed Director-General takes over work, or until the Director-General is again able to discharge his functions.
(5) The Director-General shall be the permanent chief executive officer of the Academy, and he -

(a) shall be responsible for the implementation of any decision of the Board;
(b) shall, according to the directions of the Board, perform other actss for the Academy.

13. Power to take loans.- The Academy may, with the prior approval of the Government, take loans for the purpose of this Act.

14. The Academy's fund.- (1) The Academy shall have a fund, and in it -

(a) grants from the Government;
(b) grants from local authorities;
(c) money acquired from selling property of the Academy;
(d) any gift, help or grant taken from any foreign Government or institution with the approval of the Government;
(e) and any other money acquired by the Academy shall be comprised.

15. Annual budget statement.- The Academy shall every year present a budget account for the next year to the Government within a prescribed time, and therein shall be mentioned to what extend the Academy shall need money from the Government in the said year.

16. Accounts and audit.- (1) The Academy shall accurately make its accounts and shall prepare an annual report.
(2) The Comptroller and Auditor of Bangladesh, hereafter referred to as Auditor-General, shall examine the accounts of the Academy every year, and shall present each one copy of his examination to the Government and to the Academy.
(3) According to sub-section (2), the Auditor-General or any other person put into charge by him, may, for the purpose of examination, inspect any record, document, hand documents, cash money or money deposited on banks, security, storage house or properties of other kinds, and may question the director-general, director, manager or any other officer or employee of the Academy.

17. Report.- The Government may require any report from the Academy on whatever subject, and the Academy shall be obliged to transmit it to the Government.

18. Delegation of powers.- The Board may, under well-defined conditions, delegate whatever power or responsibility to the director-general or to any other officer of the Academy.

19. Protection of actions taken in good faith.- If by any action taken in good faith under this Ordinance or one of its rules and regulations, any person suffers, or is likely to suffer, any loss, it shall not be possible to raise a suit in any civil or military court, or any other legal procedure against the Board, chairman, members, director-general or any other officer or employee of the Academy.

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

21. Power to make regulations.- With the prior approval of the Government, and unless there are any contradictions with this Act and the rules made hereunder, the Academy may by notification in the official Gazette make regulations under this Act for the purpose of this Act.

22. Abolition of the Village Uplift Academy, Bagura, etc.- (1) With the establishment of the Academy, the remainders of the Village Uplift and Co-operation Department from June 19, 1973, the branches 11/1e - 1/73/224, hereafter referred to as the remainders, have become abolished.
(2) With the abolition of the said remainders -

(a) the Village Uplift Academy, Bagura, hereinafter referred to as the said institute, shall be abolished;
(b) All properties, rights, powers and conveniences, and all immovable and movable properties, cash money and money on bank-accounts and all other claims and rights shall be handed over to the Academy, and the Academy shall have the rights over them; (c) Whatever loans, debts and responsibilities the said institute had before being abolished, all these shall be the Academy's.
(d) All officers and employees of the said institute shall be transferred to the Academy, and they shall be deemed officers and employees appointed by the Academy, and they shall be appointed under the same conditions of service under the Academy, which they had before being transferred, until the Academy changes them.