[NABADIGANTA INDUSTRIAL TOWNSHIP AUTHORITY
RULES, 2006][1] Preliminary (1)
These
rules may be called Nabadiganta Industrial Township Authority Rules, 2006. (2)
They
shall come into force on the date of their publication in the Official Gazette. (3)
These
rules shall apply to the areas specified in the Schedule appended to these
rules. (1)
In
these rules, unless there is anything contrary to the context, (a)
"the
Act" means the West Bengal Municipal Act, 1993 (West Ben. Act XXII of
1993); (b)
"as
modified" means a section of the Act as has been modified under section
385B; (c)
"the
Authority" means the Nabadiganta Industrial Township Authority constituted
under section 385B; (d)
"chairman"
means the Chairman of the Authority; (e)
"member"
means a member of the Authority; (f)
"rule"
means a rule of these rules; (g)
"section"
means a section of the Act; (h)
"user"
means a representative of the institution availing of municipal services
provided by the industrial establishment; (i)
"Vice-Chairman"
means the Vice-Chairman of the Authority. (2)
The
words and expressions used in these rules, but not defined, shall have the same
meaning as in the Act. Constitution
of an Authority (1)
Among
the total number of members under sub-section (1) of section 385B, there shall
be, (a)
a
maximum of three representatives of the industries located within the
jurisdictional limits of the Authority; (b)
one
shall be the Superintendent of Police of the district concerned or his
representative not below the rank of Additional Superintendent of Police; (c)
one
shall be the representative of the Department of Municipal Affairs, Government
of West Bengal; (d)
one
shall be the representative of Urban Development Department, Government of West
Bengal; (e)
one
shall be a representative of Kolkata Metropolitan Development Authority;
and (f)
one
shall be the Sub-divisional Officer, Bidhannagar. (2)
Remaining
members, other than those specified in sub-rule (1), may be appointed from the
user, social workers and women. Term of office and
disqualification for being
a member of the Authority A member shall hold office for a period of
five years from the date of the first meeting of the Authority under section
50B, as modified to be applicable to the Authority or for the period, under the
first proviso to sub-section (4) of section 431 to be applicable to the
Authority with modification or for the period for which a member appointed to
fill a casual vacancy, unless (a)
the
Authority is dissolved earlier; or (b)
the
member resigns his office by writing under his hand addressed to the Governor
through the Chairman and the resignation is accepted by the Governor, in which
case the resignation shall take effect from the date of issuance of a
communication from the Governor accepting his resignation; or (c)
the
member is removed by the Governor from his post; or (d)
the
entire area of the industrial township is withdrawn from operation of the Act,
or is included in an existing municipal area or Panchayat area; or (e)
the
member is declared disqualified by the Governor on the grounds specified in
rule 6. (1)
The
Chairman or the Vice-Chairman shall cease to hold office if he ceased to be a
member, or the State Government removes him from his office. (2)
The
Chairman or the Vice-Chairman may, at any time, by giving a notice in writing
to the State Government, resign his office, and such resignation shall take
effect from the date of issuance of a communication by the State Government
accepting his resignation. (1)
A
person shall not be eligible for appointment as a member under clause (a) of
sub-rule (1), and sub-rule (2), of rule 4 if such person (a)
has
been adjudged by a competent court to be of unsound mind; or (b)
is
below twenty-one years of age; or (c)
is
an undischarged insolvent; or (d)
being
a discharged insolvent, has not obtained from the court a certificate that his
insolvency was caused by misfortune without any misconduct on his part; or (e)
holds
any office of profit under the Authority; or (f)
has,
directly by himself or by his partner or employer or any employee, any share or
interest in any contract or employment with, by or on behalf of, the Authority,
or (g)
has
been elected to, or appointed under the local Authority (h)
is
a person who having held an office under the Government of India or under the
Government of any State or under any local Authority has been dismissed for
corruption or disloyalty to the Government or the local Authority; (i)
if
he is convicted of an offence punishable under section 171E, or section 171F,
of the Indian Penal Code 1860, in which case he shall for a period of six years
from the date of conviction or from date on which the order takes effect, as
the case may be, be disqualified for being a member: Provided that notwithstanding anything
contained in clause (f), no person shall be deemed to be disqualified
thereunder by reasons only of his having share or interest in (a)
any
lease, sale or purchase of land or any agreement for the same; or (b)
any
agreement for the loan of money or any security for the payment of money only;
or (c)
any
newspaper in which any advertisement relating to the affairs of the Authority
is inserted; or (d)
any
incorporated or registered company which contracts with, or is employed by the
Authority. (2)
If
any question arises as to whether any member has become subject to any of the
disqualifications mentioned in sub-rule (1), the question shall be considered
by the Secretary, Department of Municipal Affairs, Government of West Bengal,
and shall, with his recommendations, send to the Governor for taking a decision
on it. (1)
If the
post of a member falls vacant due to his death, resignation, removal or
otherwise, the Exclusive Officer of the Authority shall, within a period of
seven days from the date of occurrence of the vacancy, inform the State
Government about occurrence of such vacancy, and on receipt of the report of
the State Government, the Governor may appoint another member to fill up the
casual vacancy: Provided that the member appointed to fill up
the casual vacancy shall continue in office for the period for which the
preceding member, whose vacant post has been filled up by the new appointment,
would have continued in office if the casual vacancy had not been occurred. (2)
If
the post of the Chairman or the Vice-Chairman falls vacant due to his death,
resignation, removal or otherwise, the Executive Officer of the Authority
shall, within a period of seven days from the date of occurrence of the
vacancy, inform the State Government about occurrence of such vacancy and on
receipt of the report, the State Government shall appoint the Chairman or the
Vice-Chairman, as the case may be, to fill up the casual vacancy. Procedure
and the meetings of the Authority (1)
Meetings
of the Authority may be, (a)
ordinary
meetings, or (b)
extraordinary
meetings. (2)
A
meeting of the Authority shall be deemed to have been duly held when, (a)
the
meeting is duly convened; (b)
there
is necessary quorum; (c)
the
meeting is held within the jurisdiction or the office premises of the
Authority; (d)
the
meeting is presided over by a person authorised under these rules; and (e)
the
proceedings of the meeting are duly recorded and signed by the President
of the meeting. (1)
The
Chairman or, in his absence, the Vice-Chairman shall convene a meeting of the
Authority for the transaction of normal business not less than once in every
month. (2)
If
there is no business to be laid before the members at any such meeting, the
Chairman or, in his absence, the Vice-Chairman shall, instead of convening the
meeting, give notice of the fact to each member at least three days before the
date appointed for the meeting excluding the date appointed for the meeting. (3)
Three
days' notice to the members shall be necessary for such meeting. (4)
The
members may, at a meeting fix the date or dates and time for holding the next
meeting or meetings (1)
In
an extraordinary meeting, no matter, other than the one for which the meeting
has been convened, shall be discussed. (2)
An
emergent meeting for transaction of business of an emergent nature may be
convened, at any time, by the Chairman or, in his absence, the Vice-Chairman,
after giving twenty-four hours' notice to the members excluding the day of the
meeting. Notwithstanding anything contained in these
rules, if the situation so demands owing to stalemate condition prevailing in
the functioning of the Authority, the Director of Local Bodies, West Bengal,
may in the interest of public service, convene a special meeting of the
Authority with at least three days' notice, excluding the date of the meeting,
to the members, specifying the agenda and venue of the meeting, If, at the time appointed for a meeting other
than the special meeting under rule 11, or within an hour thereafter, there is
no quorum, the meeting shall stand adjourned to some future date to be
appointed by the Chairman or, in his absence, by the Vice-Chairman, and three
days' notice of such adjourned meeting shall be given to the members. The
members present at such adjourned meeting shall form a quorum, whatever their
number may be. A list of business to be transacted at a
meeting and the proceedings of the last meeting shall be sent to the members
along with the notice of the meeting. The list of business shall be prepared in
the order laid down in rule 16. (1)
Notice
of question, if any, accompanied by verbatim drafts of such questions shall be
sent by a member to the Chairman or, in his absence, to the Vice-Chairman well
in advance for being included in the list of business for the next meeting.
Notice received too late may be included in the list of business of the next
succeeding meeting. (2)
A
Notice Book shall be kept by the Executive Officer of the Authority in which
all notices of motions and questions shall be entered. All such notices shall
be dated and numbered as soon as received. (1)
Save
as otherwise provided in these rules, meetings of the Authority shall be
presided over normally by the Chairman or, in his absence, by the
Vice-Chairman. (2)
In
the case of special meeting as referred to in rule 11, the Executive Officer of
the Authority shall conduct the proceedings of the meeting. He shall, at the
very commencement of the meeting, record the attendance of the members present
in the meeting and shall, for presiding over the meeting, invite the Chairman
or, in his absence or failure to do so, the Vice-Chairman for the purpose. In
the case of absence of the Vice-Chairman or, his failure to preside over the
meeting, the Executive Officer of the Authority shall invite the members
present in the meeting to elect a President for that meeting only; Provided that the proceedings of the meeting
shall, till the Chairman or the Vice-Chairman or the President so elected, as
the case may be, takes over, be recorded by the Executive Officer in the Minute
Book of the Authority and thereafter by the person presiding over the meeting.
A copy of the proceedings of the meeting so held shall be sent to the District
Magistrate and the Director of Local Bodies, West Bengal, by the Executive
Officer and the person presiding over the meeting respectively. In the absence of any question under rule 18,
the business shall be conducted at an ordinary meeting in the following order : (a)
the
minutes of the last ordinary meeting and of any extraordinary meeting held
thereafter, shall be read and, if confirmed as correctly entered, shall be
signed by the person presiding over the meeting as a token of such
confirmation. In the event of any objection being raised about any resolution
as recorded, the person presiding over the meeting shall decide the question
and may make necessary correction in the Minute Book, if required: (b)
business
postponed from the last ordinary meeting shall be considered; and (c)
other
matters, if any, shall be considered. At an extraordinary meeting only the
business, for which the meeting has been called, shall be considered. If due notice has been given under rule 14,
any member may, before other business commences, bring to the notice of the
person presiding, the question or questions relating to the affairs of the Authority.
Such member may briefly state the question when putting it, and the person
presiding may give his answer, but no debate shall be allowed on any such
question. Dissents made in the meeting shall be
appended to, and published with the minutes. The common seal of the Authority shall remain
in the custody of the Chairman: Provided that if the Executive Officer or the
Finance Officer or the Secretary or the Office Superintendent or the Head Clerk
has been appointed, the Chairman may, by a written order delegate the custody
of the seal to any such officer. The common seal be used only under a standing
order of the Chairman. (1)
All
matters required to be decided at a meeting shall be determined by the majority
of votes of the members present and voting. (2)
In
the case of equality of votes, the person presiding shall have a casting vote. No member shall vote on any matters affecting
his own pecuniary interest. (1)
Minutes
of the proceedings of all meetings of the Authority (in which shall be
recorded, inter alia, the names of all members present along with their
respective signatures) shall be entered in a book to be kept for the purpose,
and shall be authenticated by the person presiding over the meeting, and such
book shall be open to public inspection. (2)
Whenever
at any meeting of the Authority a motion or resolution authorizing any
expenditure or authorizing any account leading to or involving expenditure is
passed, the names of the members who vote for such motion or resolution shall
be recorded in the minutes of the proceedings. (3)
A
copy of minutes of the proceedings of all meetings of the Authority shall,
within fifteen days from the date of the meeting, be forwarded by the Chairman
or, in his absence, by the Vice-Chairman to the District Magistrate and the
Director of Local bodies, West Bengal. Miscellaneous (1)
The
powers and functions of the Authority shall be distributed amongst the
departments, specified in the Annexure of these rules. (2)
In
the first meeting of the Authority or as soon thereafter, as may be, the
Authority shall, for the convenient transaction of business, allocate, by an
order in writing, to be signed by the Chairman, among the members such business
in the different departments as the Authority thinks fit. (3)
Notwithstanding
anything contained in sub-rule (1) and sub-rule (2) of this rule, the State
Government may, at any time, for the interest of public make reallocation of
business as allocated under sub-rule (1) and sub-rule (2) of this rule, or make
allocation in case of the businesses remaining unallocated. [See rule 24 (1)] List of departments
and allocation of business among the members of the Authority I.
General Administration Department (1)
Recruitment,
control and management of officers belonging to the Authority (2)
Delegation
of powers to officers (3)
Broad
personnel policy and planning and carreer management of all services (4)
Recruitment
and management of all officers of all categories (5)
Training
of all services (6)
Vigilance
and anti-corruption (7)
Grievance
redressal and staff welfare (8)
Administrative
reforms including organisation and methods (9)
Management
consultation service (10)
Determination
of ceremonial procedure and proceedings (11)
Conduct
of activities involving relations with the Central and State Government and
Local Bodies (12)
Computer
and Data processing (13)
Municipal
press (14)
Discharge
of function not specifically allotted to any department (15)
Legal
matters (16)
Information
and public relations (17)
Establishment
and administration of commercial projects and enterprises like market under the
Authority and shopping complex (18)
Establishment
and staff matter (19)
Auction (20)
Information
Kiosk II. Accounts and Cash
Department (1)
Fund
of the Authority including cash (2)
Annual,
interim and revised budget estimates (3)
Grants
and loans (4)
Maintenance
of accounts (5)
Audit
including internal audit (6)
Treasury
and bank (7)
Provident
fund of officers and employees (8)
Pension
and retirement benefits of officers and employees (9)
Group
Insurance and Salary Savings Insurance III. Revenue Department (1)
Liaison
with West Bengal Valuation Board (2)
Review
Committee (3)
Service
Charges including those in relation to Central Government and Railway
properties (4)
Granting
of licenses (5)
Collection
of fees and service charges (6)
Collection
of rents from properties of the Authority and tolls from Municipal ferries and
bridges (7)
Joint
Venture/Public/Private/Partnership Projects. (8)
Advertisement
tax and other taxes. IV. Public Works
Department (1)
Construction
and maintenance of all buildings, roads, pathways, drains and sewerages (2)
Executions
and maintenance of general development works (3)
Road-rolling
service (4)
Plan
sanctioning (5)
Unauthorised
buildings and insecure buildings (6)
Appeals
against orders relating to buildings (7)
Survey (8)
Preparation
and maintenance of maps of the Industrial Township (9)
Maintenance
of records of properties of the Authority including land 10 Town planning (10)
Land
and land use control (11)
Regulation
of building uses (12)
Urban
renewal, area development, spot development and commercial housing (13)
Bustee
development (14)
Development
of fringe areas (15)
House
drainage and sewerage connection (16)
Beautification
of the Industrial Township area including properties of the Authority V. Water Supply
Department (1)
Production
of filtered water including filtration, chlorination and silt clearing, storage
and distribution (2)
Management
of unfiltered water including laying of pipelines and maintenance of supply
thereof (3)
Operation
of pumping and boosting station (4)
Laying
of primary and secondary grids of filtered water and maintenance thereof (5)
Water
connectiondomestic, non-domestic and community (6)
Sinking
and maintenance of tube wells (7)
Water
supply to the neighbouring area (8)
Supply
of extra drinking water on special occasions VI. Public Health and
Convenience (1)
Medical
services (hospital, dispensary, maternity and child health (2)
Health
Services (a)
Health
establishment (b)
Conservancy
and solid-waste management (c)
Drainage
and sewerage (d)
Vaccination (e)
Burning
ghat, Burial ground and dumping ground (f)
Other
sanitary requirements (3)
Health
immunization programme and nutrition programme (4)
Family
welfare and planning (5)
Food
adulteration (6)
Slaughterhouse (7)
Motor
vehicles and Ambulance (8)
Control
of environment pollution VII. Lighting and
Electricity Department (1)
Street
lighting (2)
Area
lighting (3)
Maintenance
of all types of pumps and motors (in relation to clean water and turbid water) (4)
Lighting
of municipal parks, buildings and other installations (5)
Electrical
plants and machineries including photo-electric and non-conventional energy
sources (6)
Maintenance
of electric crematorium VIII. Education Department (1)
Primary
and Secondary education (2)
Technical
education (3)
Adult
and Non-formal education (4)
National
Literacy Programme (5)
Cultural
Development including Music and Art Education (6)
Sports
and Physical Culture (7)
Library (8)
Creche (9)
In-service
Teachers' Training Programme IX. Stores Department (1)
Purchase
and maintenance of stores (2)
Supply
of stores to various departments (3)
Disposal
of un-serviceable stores. [See rule 1] The industrial township shall be bounded by, In the North : by the northern boundary of
AN, AP and AQ Block of Bidhannagar Municipality; In the South : by the southern boundary of
GM, GN and GP Block of Bidhannagar Municipality; In the East : by the eastern boundary of AQ
Block, running through the western boundary of Munshir Bhery of Bidhannagar
Municipality; and In the West : by the eastern boundary of Salt
Lake Bypass of Bidhannagar Municipality. [1] Published in the Kolkata Gazette Extraordinary, Pt. Ill,
vide Notification No. 90/MA/O/ C-4/IM-2/2004, dated 27th February, 2006. NABADIGANTA
INDUSTRIAL TOWNSHIP AUTHORITY RULES, 2006