THE JUTE MANUFACTURES
DEVELOPMENT COUNCIL
(PROCEDURAL) RULES, 1984.
G.S.R.
658(E) - In exercise of the powers conferred by section 25 of the Jute
Manufactures Development Council Act, 1983 (27 of 1983), the Central Government
hereby makes the following rules, namely
(1). Short title :- These rules
may be called the Jute Manufactures Development council (Procedural) Rules,
1984.
2. Commencement - They shall come into force on the date of their publication in the Official Gazette
3. Definitions - In these
rules, uless the context otherwise requires, -
(3)
"Act" means the
Jute Manufactures Development Council Act, 1983 (27 of 1983)
(b) "Vice-Chairman"
means the Vice-Chairman of the Council elected in accordance with sub-section
(5) of section 3 of the Act ;
(c) "member" means a member of the
Council and includes the Chairman and the Vice- Chairman
(d) "Secretary"
means the principal officer of the Council appointed under rule 6 of these
rules to carry on the functions of Secretary of the Council
(e) "Jute Fund" means the fund created
under sub-section(1) of section 10 of the Act.
4. Powers and Functions of
the Chairman - (1) Subject to the provisions of the Act and the rules framed
thereunder, the Chairman shall be responsible for the day to day functioning of
the Council.
5. Powers & functions
of the Vice-Chairman.-
(a) The Vice-Chairman shall preside over the meetings of the Council in the absence of the Chairman.
(b) If a casual vacancy occurs
in the office of the Vice Chairman on account of his resignation or his ceasing to be a member or otherwise, the
Council shall elect at its next meeting another member as the Vice-Chairman who
shall hold office for the unexpired period of the term of office of the previous
Vice-Chairman.
6. Powers and duties of the
Secretary.-
(a) The Secretary shall be
appointed by the Council with the approval of the Central Government.
(4)
The Secretary shall be the
principal officer of the Council and shall work under the supervision of the Chairman
(5)
It shall be the duty of the
Secretary to:-
(i) implement all decisions taken by the Council
(ii) co-ordinate and supervise the work of the
other officers and the establishments of the Council
(iii) convene under the directions of the Chairman
meetings of the Council
(iv) maintain the minute books containing a record of the business transacted by the council;
(v) furnish to the Central Government all reports, returns and other necessary documents required to be furnished to that Government by the Act
(vi) prepare every year the Budget Estimates and Accounts of the
Council for the council approval.;
(3)
Sanction re-appropriation of
grants under such powers as may be delegated
by the council and within such limits as maybe specified by it;
(4)
Administer the provident
fund of the council ;
(ix) undertake such other
duties and exercise such other Powers, 19,5 may P from time to time 9 be
entrusted for delegated to him by the Council or the Chairman.
7. Tenure of appointment Of member - (1) Subject to the provisions of sub--rule (2), a member of the Council
shall hold Office for a period of two years.
(2) It shall be competent for the Central Government to appoint another person .n the place of a member appointed under sub-section (4) of section 3 of the Act before the completion Of two years if it is-of opinion that such member has ceased to represent the intgerests he was appointed to represent.
8. Resignation Of member.-
(1) A member Of the Council
may resign his office by
writing a letter under his hand addressed to
the ChairMan of the Council.
(2) 'the office Of a member shall roll vacant from the date on which his resignation is accepted by the Government or on the expiry of 30 (thirty) days from the date of receipt of resignation whichever is earlier.
9. Absecce Of members from
India. - If a member intends to
leave India for more than
one monthly he shall intimate the
Chairman the date of his
departure and the7 date of his expec-
ted return to India and if
such member intends to be absent
from India for a period
longer than 6 (six) months he shall tender his resignation.
10. Cessation of membership.-
(1) A member shall cease to be
a member if he fails to attend three consecutive meetings of the Council
without leave of the Chairman.
(2) A member shall cease to be a member,-
(i) if he becomes of unsound mind and is declared so by a competent
Court, or
(ii) if he is an undischarged insolvent, or
(iii) if he is convicted of an offence involving moral turpitude.
11. Filling of casual vacancy
of members.-
(1) Any casual vacancy in the
membership of the Council by any reason shall be filled by appointment by the
Central Government.
(2) A
member appointed to fill a casual vacancy shall hold office for so long as the
member, whose place he fills, would
have been entitled to hold office if the vacancy had not occurred.
12. Appointment of substitutes.
- Should a person, appointed as member of the Council, be prevented from
attending a meeting of the Council, a substitute to take his place may be
appointed by the Central Government, Such substitute shall have rights and privileges
as a member for that meeting only.
13. Change of address. - A
member shall keep the Secretary informed of any change in his address and on
failure to inform the change of his address, the address given in the first
instance shall for all purposes be deemed to be his correct address.
(3)
Procedure for
meetings of the Council.-
(1) Not less than one meeting
of the Council shall be held in each financial year.
(2) The Chairman may, at any time, convene a
meeting
of the Council.
Provided that it shall be the duty of the Chairman to convene a meeting
of the Council if a requisition for such meeting is presented to him in writing
by at least eleven members.
Provided further that it shall be competent for the Central Government
to require the Chairman to convene a meeting at any time.
Provided further that in cases of emergency, a special meeting may be
summoned at any time by the Chairman who shall inform in advance the Government
of India and members of the subject matter for discussion and the reasons for
which he considers it urgent. No other
business shall be transacted at such special meeting..
(3)
The Secretary shall, with
the approval of the Chairman, or, in the absence of the Chairman, the
Vice-Chairman, fix the date, time and place of every meeting of the Council and
issue notice of the meeting giving at least ten clear days' notice.
(4)
The Secretary shall, with the approval of the Chairman, or in the absence of Chairman, the Vice Chairman, prepare and circulate amongst the members, at least seven days before a meeting of the Council, a list of the business to be transacted at such meeting. No business, not included in the Agenda shall be considered at a meeting of the Council, without permission of the Chairman of the meeting. If any member desires to suggest any subject for discussion by the Council, he shall give at least ten clear days' notice.
(5) The Chairman, or in his absence, the Vice-Chairman shall preside over the meetings of the Council :
Provided that where both the Chairman and the Vice-Chairman are absent,
the members present shall elect a member from among themselves to preside over
the meetings.
(6) One-third of the total
number of members of the Council but not less than seven members present shall form 1 quorum at a meeting of the
Council.
(7) In case of different Of
opinion amongst the members of the Council present at a meeting, the opinion of
the majority shall prevail. Each member
of the Council shall have one vote. In
case of any equality of votes, the Chairman, or the Vice-Chairman, or in the
absence of both, the member presiding over such meeting shall have a second or
a casting vote.
(8) Any proposal, which the
Council is required to consider, may be referred to all its members either at
its meeting or by circulation among all its members and any proposal so
circulated and approved by a majority of members shall be as effectual and
binding as if such proposal had been passed at a meeting of the Council.
Provided that at least one third of the total number of members of the
Council have recorded their views on the proposal. When business is transacted by circulation of papers, a record of
business so transacted shall be signed by the Chairman or the Vice-Chairman of
the Council.
9. A record shall be maintained
of all business transacted
by the Council, and copies
Of such record shall be
submitted to the Central
Government. The record
of business transacted at 1
meeting of the Council
shall be signed by the
Chairman presiding over such meeting.
15. Validity of the acts and
proceedings. - NO act or proceedings of the Council shall be invalid or
questioned on the ground merely of any vacancy in, or any defect in the
constitution of the Council.
16. Powers of the Council :
(1) Power of appointment. -
Subject to the Provisions
Of section 6 of the Act the Council may create new Posts and make
appointments thereto as may be necessary for the efficient performance Of its
functions, provided that no Posts carrying the maximum salary beyond Rupees
19300 per mensem shall be create or filled without the previous approval of the
Central Government.
(2) Others Powers :
(i) Subject to the provisions of
rule 18y the Council may, by
resolution, sanction any expenditure or enter into any contract involving expenditure from the Fund in
the Discharge of its functions under the Act :
Provided that the Council shall not sanction any expenditure or enter
into any contract involving expenditure in
excess of the budget allotments.
Provided further that the
Council shall not enter into any contract involving any expenditure in excess
Of two lakhs of rupees, or extending over a period Of five years without
the previous approval of the Central
government.
(ii) The Council shall have
Power to write off, in any individual
case, losses up to five thousand rupees.
(iii) The Council may incur expenditure outside India up to an amount not
exceeding ten thousand (IV) rupees on each individual item subject to the provisions of rule 18.
17. Register of members :
(1) The Secretary shall
maintain a register in which the
name and address of each
member of the Council shall be entered.
(2) The names and addresses of
members Of Committees Shall be kept
in a separate register.
(3) If a member of the
Council or any his address he shall notify his new address to
the Secretary and the Secretary shall amend the relevant entry in the register accordingly.
18. Annual Budget Estimates :
(a) Preparation and submission :
The Council shall in each year prepares in such manner as the Central
Government may from time to time direct, budget estimates for the ensuring
financial year and revised estimates for the current year and shall submit them
for the approval of the Central
Government on or before such dates as may be fixed by that Government. The budget as approved by the Central
Government shall be the sanctioned budget for the year.
(b) Re-appropriation :
(I ) If the
Council funds in the course of the
year that there is likely to be an excess of
expenditure over the sanctioned
budget estimate under any head, it shall examine the allotment each head of the budget estimate with the
object of finding probable savings under any other head and effecting a
re-appropriation. Where such
re-appropriation is feasible, it may sanction the re-appropriation subject to
such conditions as may be laid down by the Central Government from time to
time.
(ii) Funds shall not be
re-appropriated to meet expenditure on a new service not contemplated in the
budget estimates except with the prior approval of the Central Government.
19. Maintenance and operation
of Bank Accounts and Investment of Funds of the Council
1) All moneys received by the
Council shall as soon, as possible be deposited in the State Bank of India or
such other Nationalised Banks as may be approved by the Council, and shall not
be utilised for any purpose other than the purposes of the Act.
(2) All payments by or on
behalf of the Council shall be made by cheques except for amounts not exceeding
ordinarily Rs. 1000 and extraordinarily Rs. 2500 under special sanction of the
Secretary, which may be paid in cash.
(3) Such cheques and all
orders for making deposits or investments or for the withdrawal of the same
shall be signed jointly by the Secretary and by the chief accounts officer, or
by any two officers authorised by the Council, in this behalf.
(4) No payment shall be made
out of the funds of the Council unless the expenditure is covered by the
sanctioned budget.
(5) All payments by the Council shall be made
on bills or other documents duly prepared and passed by the Secretary or other
officer authorised by the Council in this behalf. The paid vouchers shall be stamped "Paid" or so
cancelled that they cannot be used a second time.
(6) All funds not required for current
expenditure may be placed in fixed deposit with such Banks as the Central
Government may approve. The placing of
money in fixed deposit and the disposal of money so placed shall require the
sanction of the Chairman or in his absence, the Vice-Chairman.
20. Sending persons abroad - The Council shall not send any member of the Council or any of its officer or employees to places outside India without the previous sanction of the Central Government
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