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Section 40: Powers to make Regulation

बिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012State Rules of Bihar · 2013

The Authority may make appropriate regulations in order to achieve the aims and objectives of the Authority.

. Natural Appendix - (Ay aster Roles and Functions To create awareness about the hazards in Bihar and what the people could do for their own safeguards.

Sensitization of various stake holders towards taking prior action so as to minimize the hazard impact.

To devote attention to the safety of schools and hospitals/ dispensaries in rural as well as in urban areas.

To introduce modifications in the building bylaws of municipal corporation, municipal councils and Nagar Panchayats and to empower them for effective enforcement of the bylaws.

. To sensitize and empower the Zila Panchayats and gram sabhas with regard to the occurrence of natural disasters and to provide them simple guidelines for the personal safety of their residential quarters To ensure that all new constructions are carried out with disaster resistant design and good quality of materials and technologies To carry out assessment of safety of existing constructions mainly buildings, bridges, dams etc, under various natural disasters and to develop methodology for their retrofitting so as to achieve safety against total collapse or severe damages.

Proper disaster management including disaster risk reduction will require generation of damage scenarios under simulated disasters occurrences.

To assist in carrying out capacity building of various stake holders to mitigate the impact of all natural hazards.

To disseminate the relevant guidelines issued by NDMA and take steps for their implementation in the state.

To introduce appropriate modifications, wherever necessary, in preparing the building bye laws of urban local bodies and to implement them accordingly.

34 RIER I (3RAARET), 17 S 2013 Appendix ~I (contd) . (8)

2. Environment & Climate Change Adaptation (CCA) Division Roles & Functions » To create awareness of relevant issues and emerging trends relating to Environment & Climate Change Adaption, * To highlight the challenges posed to Bihar’s economy both now and in future.

* To develop and demonstrate systematic diagnosis of climate related problems and design of cost effective measures.

* To carryout sensitization of various stakeholders namely government officers in various ministries and departments of the Government for capacity building.

* To sensitize personnel in PSUs and other undertakings, NGOs, civil society etc, for capacity building.

* To carry out studies on issues relevant to ecology and CCA in Bihar.

* " To promote inclusion of relevant issues themes in educational courses.

* To analyze recurrent drought conditions in Bihar and work out possible mitigation measures keeping in view climate change trends and appropriate strategies for adaptation measures.

Appendix I (contd) €

3. Human Resource Development and Capacity Building Division Roles and Functions For achieving mitigation and preparedness of various hazards (Natural and Human Induced) the following activities will be carried out:

* To capacity building, to target the various stakeholders firstly government officers in various ministries and department of the Government will be targeted for capacity building.

* To outreach the Architects, Engineers, Medical Doctors, Educationists, Industrialists, Builders and Contractors, etc, so to give education and training in vulnerability assessment, risk analysis and various components of Disaster Management.

To prepare appropriate strategy for achieving the desired results.

To prepare the necessary curricula for appropriate education and training of manpower at various levels.

* To help in creating institutional facilities for training of trainers and execution of the educational and training programmes.

e To target not only for training all those in position already, but also and those who will be joining the services under the Government, various undertakings or non government organizations in a continuing way.

RPN 7TE (YR, 17 T 2013 35 Appendix-I (contd) (D)

4. Human Induced Disaster Division Roles and Functions ¢ To create awareness about the hazards in Bihar and what the people could do for their own safeguards.

* To undertake sensitization of various stake holders towards taking prior action so as to minimize the hazard impact.

* To devote attention to the safety of schools and hospitals/ dispensaries in rural as welf as in urban areas.

* To introduce modifications in the building bylaws of municipal corporation, municipal councils and Nagar Panchayats and to empower them for effective enforcement of the bylaws.

* To sensitize and empower the Zila Panchayats and Gram sabhas with regard to the occurrence of human induced disasters and to provide them simple guidelines for the personal safety of their residential /official quarters.

® To create and develop damage scenarios under simulated condition for analysis and planning.

* To assist in carrying out capacity building of various stake holders to mitigate the impact of all human induced hazards.

* To disseminate the relevant guidelines issued by NDMA and take steps for their implementation in the state.

Appendix -I (contd) (E)

5. Administration and Finance Division Roles and Functions ® To carry out matters pertaining to day to day administration / establishment and finance * To undertake measures to improve the administrative and financial functioning of the Authority.

Appendix -IT Statutory posts in BSDMA SL Designation | No. Nature Emoluments | Qualification No. of 1 2 Posts 4 5 6 3 1 Chairperson 01 Statutory | Not Chief Minister of Applicable the State- Ex officio.

2 Vice 01 Statutory | As per One member of Chairperson concerned the Authority may rules. be nominated by the Chairperson, as the Vice 152> 36 RER Iele (YR, 17 S=alT 2013 Chairperson, who shall have the status of a Cabinet Minister in the Govt. of Bihar.

3 Member 07 Statutory As per concerned rules.

To be nominated by the Chairperson of the Authority who shall have the status of minister of state in the Govt. of Bihar, 4 Chief 01 Statutory Executive ' Officer Not Applicable Chief Secretary of the State Ex Officio Chairperson of State Executive Comnmittee of the Authority and therecby CEO Appendix -IIL Govt. of Bihar Disaster Management Department Notification No.3449 dated 6.11.2007 as per details given below.

The department of Disaster Management, Govt. of Bihar has sanctioned the following posts for the Bihar State Disaster Management Authority -------- sl Designation Pay Scale No. of post | Remarks No. sanctioned

1. Joint Secretary 14300- 01 18300

2. Under Secretary 10000~ 01 15200

3. Section Officer 6500- 01 10500

4. Assistant 5500-9000 | 02

5. Personal Assistant | 5500-9000 | 10 with knowledge of Two for the Vice Chairperson and one Computer operation each for the Seven Members

6. | Upper Division | 4000-6000 | 01 Assistant

7. Lower Division | 3050-4580 | 01 Assistant

8. Driver 3050-4590 | 08 The appointment shall be made on the basis of contract as per the TR I (3rraRn), 17 S 2013 37 notification of the Deptt. Of General Administration ho 2401 dtd 18.07.2007 and as per the number of members appointed.

9, Orderly/ Peons 2550-3200 i3 o

10. | Sweeper 2550-3200 01 —

3.2. Seven Air-conditioned Ambassador cars (as per the appointment of members) and one Maruti —Van will be purchased for the official use in the Authority.

Additional Posts to be created by the State Government Appendix -IV Category Designation No. of Nature Emoluments Qualification Posts 1 2 3 4 5 6 A Secretary 01 Deputation | 37400-67000 IAS /Bihar GP- 10000 Administrative Service officer not below the rank of Spl.

Secretary of the Government of Bihar.

A Addl 01 Deputation 37400-67000 | TAS/BAS Secretary GP-8900 Officer of the level of Addl Secretary to the Government of Bihar A Joint 01 Deputation 37400-67000 | BAS Officers Secretary GP-8700 of J S level.

A Sr. Advisor 04 Contract Rs. 80,000/ P Master's Degree LENV & CCA per month in relevant

2.Natural field:

Disaster. Engg/Barth

3. Human Sciences/Agric Induced ulture /Natural 38 RER T/ (3AUROT), 17 Jadl 2013 Disaster.

4. HRD,CB & training .

Sciences/Social Sciences/Disast er Management.

p Working Experience:

Minimum 10 years experience in relevant field.

P Experience in Armed forces/paramilit ary forces/General Administration/ State police/Tire Services etc.

will be an additional value.

Officer on Special Duty (0.8.D) to Vice Chairperson.

01 Deputation/ Contract 37400-67000 GP-10000 (In case of retired person as per Govt.

norms. ) In the rank of Special/Addl/Joi nt Secretary;

may also be selected from retired government officers in the same rank.

Experience in disaster management will be of additional value.

Advisor/Project Officer

2. Natural Disaster

3. Human Induced Disaster

4. HRD, CB & {raining.

04 (at any point of time) Contract Rs.60, 000/- per month Same as Sr.

Advisor with minimum five years experience RER 71T (IWURT), 17 F=ad 2013 39 Sr. Editor/ 01 Editor Contract Rs. 40,000/ 60, 000/- per month University degree with diploma/ equivalent qualification in Mass, Communicatio n with minimum 3 yrs.

of experience.

Sr. Advisor 01 (Technical) Advisor 01 (Technical) Deputation/ Contract Deputation/ Contract 37400-67000 GP-8700 15600-39100 GP-7600 Bihar Engineering Service from Water Resources/Road Construction/ Building Construction Department cadre.

TFor contract:

Minimum 10 yrs. of field/professio nal experience for Sr.

Advisor ( Tech), Minimum 5 yrs.

of field/professio nal experience for Advisor (Tech) Deputy 02 Secretary/ Under Secretary i)Financial 01 Advisor i} Accounts 01 Officer Deputation Deputy Secretary Under Secretary Deputation/ contract Deputation/ Contract 15600-39100 GP-7600 15600-39100 GP-6600 As per scale/ Rs.60000/-per month.

As per scale/ Rs. 45, 000/- per month B.A.S/Bihar Secretariat Service officers.

Bihar Finance Service not below the rank of Deputy Commissioner, Persons having worked in the Accountant General Office £ \$35 40 RER TTe (FHTIRET), 17 Siall 2013 with an experience of 7 years or CA/ ICWA with at Jeast 7 years expetience.

iii)Accountant cum Cashier 02 Deputation / contract 9300-34800 GP-4200 B.S.S/ Retired from same rank Sr. Research officer to Vice Chairperson and each Member 05 Contract Rs.40,000/- 50,000/- per month T.University degreefor equivalent in Engineering/ Social/Natural/ Earth sciences 1A griculture /Science Disaster Management or PG from professional institute such as Business Management Computer Application/Mass Communication/ Chartered Accountant/ Disaster Management etc .

2. Minimum 5 years experience in relevant field.

Sr. Technical Assistant/Techn ical Assistant.

04 Contract Rs30,000/- 40,000/~ per month Preferably MCA with 5 yrs.

experience/ BCA with 7 years experience.

Astt. Editor 01 Contract Rs 30,000/~ 40,000/-per month University degree with diploma/ equivalent qualification in Mass Communication with minimum § year of experience.

RER TFele (FAUROT), 17 S0 2013 41 Public Relations Officer 01 Contract Rs 30,000/~ 40,000/-per month University degree with diploma/ equivalent qualification in Mass Communication with minimum 1 year of experience.

Project Associate /Research Associate 04 Contract Rs.20,000/- 30,000/ per month University degree/or equivalent in Engincering/ Social/Natural/ Earth Sciences/Agricu Iture/Disaster Management or PG from professional institutes such as Business Management /Computer Application/ Mass Communication / Chartered Accountant/ Disaster Management etc .

Section Officer 02 Deputation/ Contract 9300-34800 GP-4800 B.S.S./Retired from same rank Assistant 04 Deputation/ Contract 9300-34800 GP-4600 B.S.S./Retired from same rank.

Upper Division Clerk 01 Deputation/ Contract 5200-20200 GP-2400 Rs. 15000/ per month Tn case of retired personnel experience in accounting procedure.

Lower Division Clerk 02 Deputation/ Contract 5200-20200 GP-1900 In case of retired personnel 42 REN 77T (3R, 17 Faad 2013 /Rs. 10000/~ | experience in Per month accounting procedure is required.

D Guards 05 Contract To be | To be decided by outsourced the Secretary.

Note:

1. Incategory B, C and D posts, the Secretary is empowered to obtain manpower from private HRD Service Agencies according to the need and work requirements.

II. The indicated salary is upper limit. The Vice Chairperson may decide a lower package in any individual case, if it is so required.

II. Employees on deputation shall be drawing their last pay drawn plus deputation allowance as admissible.

Appendix-V A) Delegation of Administrative Powers in the Authority Subject Competent Authority

1. Correspondence

(5) Routine nature where only information is to be made available.

Section officer/Under Secretary dealing with the subject.

ii) Less important matters Dy. Secretary / Jt. Secretary /Addl.

Secretary dealing with the subject iii) Important matters Special Secretary / Secretary iv) Most important matters and letters received from government of India , NDMA etc.

Vice Chairperson { Copy of most important letters will be sent to Chairman (CM) and CEO (cs) as per necessity)

2. Powers to nominate members and formation of committee under Act/ Rules /Regulations/ bylaws After consideration by Vice Chairperson, Chief Minister through Chief Secretary.

3 i} Where authority is not defined to hear representation and power is vested in government under Act/Rules/Regulation/ bylaws Secretary ii) Where Authority is not defined to hear appeal provisional and representation and power is vested in the Government under Act/Rules/ Regulations / bylaws Secretary, where Secretary himself has not passed the order, but where Secretary has passed the order, power to hear appeal shall be with the Vice Chairperson.

e a9 (3RMURT), 17 Sl 2013 43 Extension of period of continuing schemes and temporary posts created therein.

Vice Chairperson Distribution of work in the Authority i. Amongst grade A and B officers Vice Chairperson ii. Amongst personnel Secretary of grade C &D.

Training of officers/ Employee i} Short- term training within Secretary country ( up to one month period) i} Long—term training within country ( more than one months period) Vice Chairperson iii) All category of compulsory training Secretary iv) Training and participation in workshep of personnel in foreign country ( where expenditure is met by out sources except internal expense} Chief Minister v) Participation of personnel in training and workshap in foreign country ( Where state government has to meet expenses in part or full along with internal expense) Chief Minister (Through Chief Secretary) vi) Training and participation of All India Services officers in the country or foreign country Chief Minister { Through Chief Secretary) vii) Foreign travel (- on own expense} Vice Chairperson 1531\ 2= 44 TIER II5/e (IURTT), 17 J=adr 2013

7. To issue No Objection Certificate ( NOC) for obtaining Passport.

Secretary in case of A and B category staff.

It. Secretary in charge establishment in case of C & D staff.

8. Representation for foreign service. Secretary in case of A & B category staff.

Jt. Secretary in charge establishment in case of C &D category staff.

Appendix-V (contd)

(8) Delegation of powers in respect of establishment in the Authority Subject Competent Authority

1.Sanction of casual and restricted leave immediate superior officer under whom employee is working.

2.0ther than casual and restricted leave (except study leave)

(i) For A&B Category

(i) For C & D Category Joint Secretary Vice Chairman Secretary

3. Study leave As per established rule Appendix-V (cont&) c) Delegation of financial powers in the Authority S. Subject Competent Authority to Sanction No.

1 Approval of budget of the Authority Authority 2 Extension of current Vice Chairperson through Projects & Schmes schemes Committee 3 Sanction of new schemes Secretary i) costing up to Rs. two and (Subject fo budget provision and half crores. inclusion in the Authority schemes ) ii) | Sanction of new schemes costing above Rs, two and half crores up to ten crores.

Vice Chairperson (Subject to budget provision and inclusion in the Authority schemes) BN TeIE (WTURTT), 17 SFefadl 2013 45 if) Sanction of new schemes.

costing above Rs. ten crores Minister (Subject to budget provision and up to Rs. 20 crores. | Finance Minister after approval of departmental nclusion in the Authority schemes ) iv) | Sanction of new schemes. do costing above Rs twenty Crores.

4 | Sanction order in schemes Secretary i) ii) | Level of signature on allotment order of Joint Secretary schemes.

5 Sanction of office Secretary/ Joint Secretary contingency.

6 Sanction of withdrawal of Secretary advance { permanent /temporary ) from GPF 7 Sanction of transport Secretary allowance 8 Sanction of vehicle repairing| Joint Sectetary ( Subject to budget provision) 9 Disposal of audit Secretary (in important policy matters after approval objection. of Vice Chairperson) 46 TARI II5TE (JETUROT), 17 Al 2013 Appendix-V (contd) Delegation of financial powers in the Authority c () S. Subject Sanction [Tendering Competent NO. Limit Process Authority to Sanction All procurement {HUp to Off the shelf Addl /Toint| 1 of Goods as defined Rs. (as per Secretary under Regulation 124 15000/- regulation of Bihar Finance (Fifteen No. 131 Cof (Amendment) thousand) Bihar Rules,2005. Finance Amendment Rules, 2005)

(ii)More Market Secretary than Rs, Survey by 15000/- obtaining at up to Rs. least three 100000/- quotations (one lac) {(as per regulation No. 131 D of Bihar Finance Amendment Rules, 2005)

(iii)More Limited [Vice than Rs. 10| Tender (as |Chairperson lacs up to per Rs. regulation 2500000/~ | No.131Tof (twenty Bihar five lacs) Finance Amendment Rules, 2005).

The Secretary may decide to additionally go for advertisement in local news paper depending upon the nature of e TTeie (RITUNET), 17 SEal 2013 47

(iv)More than Rs, 10 lacs up to 2500000/- (twenty five lacs) purchase.

Limited Tender (as per regulation No. 131 Tof Bihar Finance Amendment Rules, 2005).

The Secretary may decide to additionally go for advertisemen t in local news paper depending upon the nature of purchase.

Vice (Chairperson (v} More than Rs. 25 lacs up to Rs.

5000000/~ (fifty lacs) Advertiseme nt in local and national daily, the Indian Trade Journal and website (as per regulation No. 131 H of Bihar Finance Amendment Rules, 2005) Vice Chairperson {vi) More than Rs.

50Lacs (fifty lacs) and up to Rupees One Advertiseme nt in local and national daily, the Indian Trade Journal and Vice Chairperson 48 RIER 19 (@R, 17 S 2013 crore., website (as per regulation No. 131 H of Bihar Finance Amendment Rules, 2005

(vii) More Advertiseme | Committee than nt in local under Vice Rupees and national | Chairperson One crore. daily, the comprising of Indian Trade | Secretary, Sr Journal and | Advisor website (as (Technical) per and the regulation Financial No. 131 I of | Advisor.

Bihar However, Finance Chairperson Amendment Rules, 2005) shall have power to give approval in urgent situations and to take post facto approval of The Committee.

2. Approval for Administrative/Offici al expenses. 25,00000/- (Twenty Five lacs) Secretary

(i) More than Rs.

25, 00000/~ (Twenty Five lacs) Vice Chairperson TIER IToiE (IRURYT), 17 Seay 2013 49

(iii) Single source selection in the context of overall interest of the Authority for estimated cost of work/servic es up to Rs.

25 lacs

(iv) Single source selection in the context of overall interest of the Authority for estimated cost of work/servic es beyond Rs. 25 lacs.

full Jjustification for single source should be recorded in file and approval of the competent authority obtained before resorting to such single source selection as per regulation number 131 Z G of Bihar Finance Amendment Rules 2005 full justification for single source should be recorded in file and approval of the competent authority obtained before resorting to such single source selection as per regulation number 131Z G of Bihar Finance Amendment Rules 2005.

Committee under Vice Chairperson Committee under Vice Chairperson S$2 4 50 RIER TIS1E (TYRTT), 17 FFady 2013 Hiring of contractual | (i) For Staff | Advertise- Vice staff, including of Category | mentinlocal | Chairperson sanction of A&B. & national Full Powers compensation daily, the to the package Indian Trade | selection Journal and committee website {as provided the per regulation | contracts No. 131 H of shall be for a Bihar Finance | period not Amendment | exceeding Rules, 2005) 12 months at atime.

(ii) For Advertise- Full powers | Contract Staff of ment in local | to Secretary | shall be Category Newspaper subject to fora C&D. the compen- | period sation not package exceedin ‘?prove_:d by g12 uthority, | onths provided the X atatime coniracts shall be for a period not exceeding 12 months at a time All related activitiesin | Ofall Advertiseme | Full powers pursuance of plan kinds ntin to Secretary approved by Authority, local/nationa such as , Advertisement 1 news paper charges, Advance to and as the contractors, Secretary Repayment of earnest may decide money/security deposit, and Freight changes, depending demurrage, Furniture & upon the fixtures(within nature of limit),stationery, expenditure conveyance, electricity & water charges, Insurance, legal charges, postage, telephone, Fax, Repair and maintenance of g T1eie (AR, 17 Sl 2013 51 equipment, Hiring of taxis, Auditors, all trainings, payment of TA/DA/ Honoraria to resource persons, TA/DA to Authority staff, payment related to documentation etc.

5 Release of funds for | Of all kinds | Not Full implementation of Required- | | powers to plans approved by Secretary authority.

6 | Purchase of books up to Rs. 20 Secretary including digital and lacs p.a analogue manuals.

Petiodicals ( including IT related 7 | Outsourcing of Full Powers Secretary services (i) Housekeeping/ conservancy ( ii) ‘Transportation (iii) Security (iv) Data Operators (v) Messenger Services ( vi) Secretariat Assistance etc The powers delegated to Secretary, SDMA may be exercised by Joint Secretary, till post of Secretary, SDMA is created and is in position.

The Authority may review and revise the financial powers of the office bearers of the Authority and upon approval in its meeting shall be put up before the Government for approval.

By order of the Governor of Bihar, VYAS JI, Principal Secretary.

sreflares, GfRETe™ Fgome, TR, Tea gR1 v wd AR RER Tc (IRAIROT) 70-571+1000-E10810T0 | ‘Website: http://egazette.bih.nic.in eSS

Where this provision sits

Actबिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012
Section40
Marginal notePowers to make Regulation
JurisdictionState of Bihar
StatusIn force as published by the source

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