(1) With the previous sanction of he3 [Statel Government the committee may from time, make bye - laws to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such byelaws may provide for:-
(a) the division of duties among the Chair-, man, the members and Secretary of the Committee;
(b) the manner in which their decision may be ascertained otherwise than at the meetings;
(c) the procedure and conduct of business at meetings of the Committee;
(d) the delegation of powers of the Committee to individual members;
(e) the book and accounts to be kept at the office of the Committee;
(f) the custody and investment of the funds of the Committee;
(g) the time and place of its meetings;
(h) the manner in which notice of its meeting shall be given;
(i) the preservation of order and the conduct of proceeding at meetings and the powers which the Chairman may exercise for the purpose of enforcing its decisions;
the manner in which the proceeding of its meeting shall be recorded;
(k) the persons by whom receipts may be granted for moneys paid to the Commit tee; and (I) the maintenance of cordial relations between the Buddhists and the Hindu pilgrims.
(3) All bye - laws, afterthey have been confirmed by the1 [State] Government, shall be published in the Official Gazette, and shall thereafter have the force of law.
Power of Govt. to make rules
18. The1 [State] Government may make rules2 to carry out the purposes ofthisAct.
[Preface to the said Act: "The Bodh Gaya Temple Act, 1949 (Bihar Act 17 of 1949) has been amended bythe Adaptation of Law Order, 1950. The amendments made bythe Adaptation of Laws Order have been incorporated in the text and some other foot-notes have been added for convenience of reference" - Deputy Secretary to Government, dated the 8th February 1955].
** * BYE-LAWS OF THE BODH GAYATEMPLE MANAGEMENT COMMITTEE Government of Bihar, Political Department.
(General Branch) NOTIFICATION Patna, the 26th February, 1957 No. AIBI-1026/56-P.G. 435. The followinq bye-laws made bythe Bodh GavaTemple Manaqement Committee under Sub-section (1) of Section 17 of the Bodh Gaya Temple Act, 1949 (BiharAct 17 of 1949).
havinq been confirmed by the State Government, are hereby published as required by Sub-section (3) of the said Section :- By-laws underSection 17 of the Bodh Gaya Temple Act.
Definitions
1. In these bye-laws unless the context otherwise indicates:
(i) Act means the Bodh Gaya Temple Act, 1949 (BiharAct XVIII of 1949).
(ii) 'rules 'means rules farmed by the State Government under section 18 of the Act.
(iii) 'Bye-laws' means the bye - laws framed by the Committee with the previous sanction of the State Government undersection 17 oftheAct.
(iv) 'Chairman' means the Chairman of the Committee.
(v) 'Secretary' means the Secretary of the Committee.
Meetings
2. Meetings of the Committee shall be held at the office of the Committee or at such other place at Bodh Gaya as the Chairman or in his absence, the Secretary may decide.
3. Meetings of the Committee shall be held, as far as possible, at intervals not exceeding three months.
4. The agenda for a meeting shall be prepared bythe Chairman aftertaking into consideration suggestions (if any) received in this behalf from the members, and resolutions received in the office of the Committee at least seven days before the notice meeting is issued to members shall be included therein.
5. Notice of a meeting together with copies of the agenda shall be circulated to members by post by Express delivery letters, or by messengers in case of local members, at least, twenty-one days before the date fixed for the meeting:
Providing that in case of an emergency a meeting may be called on seven days' notice.
6. Notice of a meeting together with the agenda shall be entered in a register kept for the purpose, and the register shall be open to inspection by any member at the office of the Committee dunng office hours.
The Chairman (or, in his absence, any other member elected forthe purpose by members present at the meeting) shall preside over a meeting.
8. Four members shall form the quorum at any meeting.
9. The minutes of proceedings of meetings shall be recorded by the Chairman, or, in his absence, by the member who may preside at the meeting or by such other person as may be directed by the person presiding at the meeting.
10. Ata meeting otherthan an adjourned meeting, the minutes of the last meeting shall be read out and, if approved as having been correctly recorded or after necessary correction, if any, shall be signed by the Chairman or such other member as may be presiding at the meeting.
11. At every meeting a financial statement and a report on the work done afterthe last meeting of the committee (including a resume of the steps taken to implement the previous decisions of the Committee), or proposed to be undertaken in the future, shall be laid.
12. No subject once finally disposed of at a meeting shall be reopened or re-considered within six months from the date of its disposal, except with the concurrence of, at least, two-thirds of the members present at a meeting.
13. The Chairman may issue special invitations to persons who are not members of the Committee to attend a meeting and the invitees may participate in the deliberations of the Committee, but they will have no right of vote.
15. An adjourned meeting, being merely continuation of the original meeting, shall not require notice of more than seven days.
16. No matter may be considered at a meeting including a meeting adjourned for want of the quorum unless it is included in the agenda circulated under bye - law 5:
Provided that, at the request of any member or on his motion, the Chairman (or, in his absence, the member presiding at the meeting) may include any matter in the agenda if he is satisfied about its urgency.
17. Any member of the Committee may make suggestions in writing for the inclusion of any matter in the agenda of a meeting and the same shall be considered by the Chairman and, in case the Chairman does not include in the agenda any such suggestion which has been received in the office of the Committee more than seven days before the notice togetherwith the agenda is issued to the members, he shall record the reasons for inability to include the suggestion in the agenda and inform the member concerned of it.
18. The suggestions mentioned in bye-law No. 18 shall together with the date of their receipt in the office of the Committee be entered in the order in which they are received in a register to be maintained for the purpose.
19. The Chairman, or the Secretary, in consultation with the Chairman, shall convene meetings of the Committee;
Provided that, if no meeting is held within three months, any member may send a requisition to the Chairman requesting him to call a meeting and the Chairman (orthe Secretary in consultation with the Chairman) shall thereupon call a meeting of the Committee and, if the Chairman (or the Secretary) fails to call a meeting within a year, any four members may call a meeting of the Committee.
20. Within seven days of the holding of a meeting, the minutes of the proceedings of the meeting shall be circulated to all members of the Committee, and a copy thereof shall be forwarded to the State Government and the Commissioner, Patna Division by the Chairman.
21. (I) If any question of importance requiring urgent consideration arises, the Secretary, with the consent of the Chairman, or the Chairman on his own motion may ascertain the opinions of the members thereon otherwise than at a meeting by referring the matter to them in writing by registered post.
(ii) In making the reference the question on which the opinion of the members isto be ascertained shall, as far as practicable, be framed succinctly and precisely, split into parts, if necessary, so that the answer to the parts or whole may be yes' or 'no'.
(iii) A short explanation note shall accompany the question.
v) The decision of the majority of the members so ascertained shall operate as the decision of the Committee and shall have the same binding force and effect as that of a decision arrived at a meeting.
v) The majority opinion shall be calculated and determined on the basis of opinions received in the office of the Committee before the 22nd day of the despatch of the registered letters in this regard to the members:
Provided that, if the majority opinion becomes clear before the lapse of the said period of 21 days, the Secretary shall proceed to act on it forthwith.
(iv) The opinion so ascertained shall be reported in writing tothe next meeting of the Committee and then incorporated in its minutes.
Budget
22. The annual budget of the Committee shall be finalised every year not later than the 31st January, and, at least, one month before the date of the meeting convened forthe purpose of considering and passing the budget, the Secretary shall, in consultation with the Chairman, prepare:-
(1) an estimated budget of expenditure which may be incurred during the ensuing financial year;
(ii) a statement showing all expected receipts from all sources during the ensuing financial year;
(iii) an estimate of the balances likely to be available for expenditure during the ensuing financial year, and circulate them with an explanatory memorandum, to all members of the committee at least 21 days before the date of the meeting.
23. No expenditure shall be incurred unless it is sanctioned in the budget:
Provided that, to meet unforeseen and urgent expenditure, the Committee shall, subject to rules, be competent to sanction special grants during the year.
24. The power of the Committee to sanction special grants to meet unforeseen and urgent expenditure, may by a resolution of the Committee, be delegated to the Chairman and/or the Secretary.
25. At the meeting of the Committee convened to consider the annual budget estimates, statements and proposals, the Secretary shall place the final accounts of the financial year next preceding and the provisional accounts of the financial year.
26. The budget for a financial year passing at the meeting ofthe Committee referred to in the bye-law 23, shall be forwarded for information to the State Govemment, and to such other authority as the State Government may, from time to time, indicate, Financial Provision
27. All money received whether by way of donation, subscription or any other manner shall be credited to the Fund of the Committee.
28. Charity boxes shall be opened at least a month by the Chairman or any other person authorised by him in writing, in presence of two other responsible persons who will each certify in writing what amount is taken out of each such box.
29. Accounts will be maintained in the local branch of the State Bank of India.
30. All money received by or on behalf of the Committee must be deposited in the Bank within the next three working days of the bank after such receipt.
31. Payments exceeding Rs. 20.00 except the payment of salaries and emoluments of the staff of the Committee, shall be made by cheques signed by the Chairman or signed by the Secretary and countersigned by the Chairman.
8
32. For all money any articles received by or on behalf of the Committee the Chairman or any othe-- ' person authorised in writing by him shall issue printed receipts, the counterfoils of which shall be preserved for a period of twelve years.
33. The income and the property of the Committee, howsoever derived, shall be applied solely towards the proper performance of the duties of the Committee as laid down in the Act.
34. Subject to the control of the Chairman, the Secretary shall be in charge of the funds of the committee.
35. Subject to the provisions of the Act all transfer of properties, movable or immovable, whether by way of lease, mortgage, sale or otherwise shall be openly negotiated and completed:
Provided that the Chairman, or such person as may be authorised in writing by him in this behalf, may have any perishable article auctioned after giving locally notice of the auction by beat of drum.
36. All leases and contracts shall be made in open public bids held after seven days of proper and public notice.
37. The lease shall usually be given to the highest bidder for reasons to be recorded in writing by him.
38. In giving out contracts, the lowest tender shall ordinarily be accepted:
Provided that the Chairman will have the right to give a contract to a person whose tender is not the lowest for reasons to be recorded in writing by him.
39. The Chairman may authorise the Secretary orthe senior most member of the staff of the Committee to keep with himself a permanent advance of a sum not exceeding Rs.50/- for incurring expenditure on contingencies, which will be recouped by drawing regular bills after submission of proper vouchers for each item of expenditure already incurred.
Power and Duties of Office Bearers.