In exercise of the
powers conferred by section 21 of the Western Orissa Development Council Act,
2000 (Orissa Act 10 of 2000), the State Government do hereby make the following
rules for carrying into effect the provisions of the Act, namely:- (1)
These rules may be called the Western Orissa Development Council Rules,
2003. (2)
They shall come into force on the date of their publication in the
Orissa Gazette. (1)
In these rules, unless the context otherwise requires:- (a)
Act means the Western Orissa
Development Council Act, 2000; (b)
Chairman means Chairman of the Council; (c)
Member means Member of the Council; (d)
Member Secretary means the Chief Executive Officer of the Council; and (e)
Section means section of the Act. (2)
Words and expressions used in these rules, but not defined shall have
the same meaning as respectively assigned to them in the Act. The Council shall comprise of districts as
specified under sub-section (1) of section 3 of the Act and such other areas as
may be notified by Government from time to time. (1)
Chairman shall be entitled for such remuneration and allowances as
admissible to a Cabinet Minister of the State. (2)
He shall enjoy all other facilities as admissible to a Cabinet Minister
of the State. (1)
The terms and conditions of service of the Chief Executive Officer and
other employees deputed to the Council shall be same as provided by the
relevant rules of deputation on foreign service in the Orissa Code. (2)
The Chief Executive Officer must be an officer not below the rank of
Joint Secretary, preferably from IAS, OAS or OFS cadre who must have
field experience of at least five years in a post not below the rank of
Group A Officer and shall not be assigned with any additional charge. (3)
The Class III and Class IV posts in the Council shall be filled up in
the following manner:- The Class III posts shall be filled up by the
Chairman with the approval of the Council by way of deputation from any
Government Office and the Class IV posts shall be filled up through open
recruitment on contractual basis by obtaining prior concurrence of Government
in Planning and Coordination Department. The Chief Executive Officer shall be
the appointing authority for Class-III and Class-IV posts. (4)
Disciplinary actions against any Government employee other than Chief
Executive Officer deputed to the Council shall be initiated and reported with
specific charges to the Government in the Planning and Coordination Department
by the Chief Executive Officer for further action. (5)
Disciplinary actions against the Chief Executive Officer shall be
reported to the State Government in Planning and Coordination Department for
further action. The Chief Executive Officer shall :- (a)
perform all the duties and exercise all the powers and functions
conferred or vested on him under the Act, these rules and the instructions
issued by Government from to time: (b)
receive, recover and credit to the Council Fund any sums due or tendered
to the Council and subject to the provision of these rules draw and disburse
money out of the Council Fund; (c)
save as otherwise provided, sign and authenticate all letters and
documents for and on behalf of the Council; (d)
take steps to remove any defect or irregularity brought to notice in
course of audit of the accounts of the Council or pointed out in the audit
report or in the inspection and tour notes of inspecting authorities. (e)
report without delay all cases of fraud, embezzlement, theft or loss of
money or other property of the Council to the Chairman of the Council /
Government / other concerned authorities; (f)
exercise supervision and administrative control over all officers and
employees of the Council: (g)
subject to the provisions of the Act, these rules carry out the
directions of the Council; (h)
provide access to and supply all documents required by any officer
authorised by the Government in Planning and Coordination Department in writing
in connection with an inspection, enquiry or audit; (i)
record his views and report the matter to the Government in Planning and
Coordination Department where the Council or its Chairman proposes to take any
action contrary to the provisions of any law or rule or guidelines relating to
the Council or the instructions of Government; (j)
rectify defects or take appropriate action, if any, whenever any wastage
of public property or property of the Council or any irregularity is brought to
his notice; (k)
subject to such general or special orders that may be issued by the
Government or the Council in this behalf, executive contracts for and on behalf
of the Council; Provided that such contracts shall bear the common
seal of the Council; (l)
ensure punctual submission of reports and returns; (m)
maintain liaison with District Level Officers of the constituent
districts; (n)
maintain Service Book and Leave Account of all employees of the Council; (o)
conduct monthly staff meetings; (p)
conduct half yearly inspections of his own office in the months of June
and December and shall place reports thereof before the Chairman and forward
copies of inspection reports to the Government in the Planning and Coordination
Department. (1)
Before engaging any non-Governmental organisation/agency for executing
any project, the Chief Executive Officer with the approval of the Chairman
shall obtain the approval of the Government in Planning and Coordination
Department. The procedure for identification of non Governmental Agency for
executing the Council projects will be as follows :- A detailed profile in respect of such agency and
the proposed work to be taken up shall be furnished to the Government in
Planning and Coordination Department by the Council. The Planning and
Coordination Department will thereafter examine the competency of such
organisations with reference to their past experience in executing different
types of work and identify suitable agency to undertake the proposed work. (2)
The Council before undertaking any work shall ensure from the concerned
Collector that the proposed work has not been covered through any other
programmes. (3)
The Council may levy fees in the form of user charges for the services
rendered by the institutions owned by the Council. This may meet the cost of
rendering the service and shall not be a source of profit for the Council. In
all such cases, receipts in support of receiving such fees shall be issued to
the persons/agencies receiving the services. Clear accounts of the funds
received in this manner shall be maintained which will form a part of the over
all Council fund and subjected to audit as provided in these rules. (4)
In incurring expenditure from out of the Council Fund the Council shall
see that such expenditure does not invite recurring liabilities either to the
Council or to the Government. If the Council is required to render financial
support for implementation of projects of any kind, the infrastructure or the
assets so created shall be for public purposes. If it be a construction
programme, it shall be constructed on Government land or on land irrevocably
available for community purposes by observing due formalities. Prior to
execution of such projects the Council shall identify the agency to look after
the operation and maintenance of the same on completion and the assets so
created shall be transferred to such agency immediately after completion for
the purpose of operation and maintenance. While the Council shall accord
administrative approval for construction programmes, technical sanction shall
be obtained from competent authority of concerned Department under the
Government to whom the programme relates in accordance with the Delegation of
Financial Power Rules. (5)
Every proposal of the Council seeking approval of Government under
sub-section 3 of section 11 shall be accompanied by a resolution of the Council
indicating in detail the justification for the proposals. (1)
Apart from the powers conferred on the Chairman under sub section 2 of
section 12 of the Act, the Chairman may exercise such other powers and perform
such other duties as may be assigned to him by the Government from time to
time. (1)
The Council shall ordinarily hold at least one meeting in every three
months for the transaction of its business. (2)
A notice of not less than ten days shall ordinarily be given for a
meeting of the Council and the notice shall be issued under the signature of
the Member-Secretary. Provided that when the Chairman is of the opinion
that a meeting of the Council needs to be convened urgently, he may convene a
special meeting of the Council at such notice, not being less than three days
as he may determine. (3)
The notice shall set forth clearly the time, date and place of the
meeting and the agenda containing business to be transacted in the meeting: Provided that business not included in the agenda
may be taken up for discussion with permission of the Chairman. (4)
The agenda for the meeting shall be prepared by the Member-Secretary of
the Council in consultation with the Chairman. (5)
Minutes of the proceedings of every meeting of the Council shall be
drawn up and recorded by the Member-Secretary in a permanent Register to be
maintained for the purpose, which shall be signed by the Chairman or by the
presiding Member as the case may be, and the Member-Secretary after each
meeting and every correction shall be attested by both of them. Minutes of
proceedings of every meeting of the Council so recorded shall be placed before
the Council in the next meeting for confirmation. (6)
The Member-Secretary shall forward a copy of the minutes of the
proceedings of each meeting of the Council signed in the manner stated in
sub-rule (5) to the Government / Revenue Divisional Commissioners / Collectors
of constituent districts / other authorities concerned and all members of the
Council ordinarily within fifteen days of each meeting. (7)
No member shall take part in the discussion on any subject coming up for
consideration at a meeting of the Council, if he or any member of his family or
close relative has any direct or indirect pecuniary interest in the subject
matter of discussion. (8)
The Member-Secretary shall be the custodian of the proceedings and
records of the Council and shall take follow up action on the decisions of the
Council as recorded in the proceedings. (1)
The Committees of the Council as provided under section 14 shall be
constituted by the Chairman from among the members of the Council. While the
minimum strength of each Committee shall be five, it shall include atleast
three expert members of the Council. The Chairman of each Committee shall be
selected by the Chairman of the Council from among the members of the
Committee. (2)
The Committee shall discharge such functions and shall have such powers
as may be decided by the Council. (3)
The tenure of these Committees and their periodicity of convening shall
be decided by the Council. (4)
1/3rd of the strength of a Committee will be the requisite quorum for
the purpose of convening of the meetings. (1)
The Council Fund shall be kept in a P.L. account opened in the joint
name of the Chairman and Chief Executive Officer in the district special
treasury of the concerned district where the head quarters of the Council is
located. The Chief Executive Officer shall cause to be maintained a cash book
showing full particulars of all amounts deposited or withdrawn from the said
account which shall be verified by the Chief Executive Officer and the entries
in the cash book shall be attested by the Chief Executive Officer in token
thereof on each working day. (2)
The account of the Council shall be operated jointly by the Chairman and
the Chief Executive Officer in accordance with financial powers granted to them
under these rules. (3)
Subject to the provisions of the Act and these rules, the Council shall
mutatis mutandis follow the delegation of financial powers rules issued by the
Government from time to time. (4)
The Council fund shall be utilised for purposes for which grants have
been received by the Council from funding agencies. Sanction and expenditure
from out of the Council Fund shall be intimated to the funding agency and
utilisation certificate to that effect shall be furnished to the authority
specified by and in the manner suggested by the funding agency. (5)
The Council shall maintain accounts and other records in such forms and
in such manner as prescribed in Orissa General Financial Rules, Orissa Treasury
Code, Orissa Travelling Rules, Orissa Service Code. Orissa records Manual and
other rules and instructions applicable to Government offices. (6)
The accounts of the Council shall ordinarily be audited by the Local
Fund Audit Organisation of the Government once in every year. The Council shall
engage a Chartered Accountant for the purpose of Annual / Half Yearly audit in
respect of all expenditure incurred by the Council for the year. The audit
report shall be duly complied with by the Council, ordinarily within a period
of six months from the date of receipt thereof. (7)
No expenditure shall be incurred unless adequate funds for the purpose
are available in the Council Fund and no expenditure shall be incurred from the
Council Fund unless it is supported by an order of the Competent authority
(mentioned in the foregoing sub-rule) sanctioning the said expenditure. (1)
The Chief Executive Officer shall incur routine recurring expenditure of
the Council as provided under sub-rule (2) of this rule subject to availability
of funds. All expenditure of non-recurring nature exceeding Rs.20,000/-(Rupees
Twenty Thousand) in each case shall be made with the approval of the Council. (2)
Authorities specified hereinafter shall be competent to sanction
expenditure of the nature and to the extent indicated below:- (a)
Chief Executive Officer:- (i)
all expenditure relating to pay. Allowances. Travelling Allowance.
Dearness Allowance and reimbursement of medical claims of all officers and
employees of the Council within and subject to the limits of the grants
sanctioned by Government for that year for the purpose. (ii)
Within the limits of provision of the budget approved by the Council all
contingent expenses in connection with payment of telephone and electricity
charges, rent and taxes, repair and maintenance of the vehicles of the Council
in accordance with instructions and guidelines applicable to Government
offices, cost of fuel, oil and lubricants for operation of vehicles of the
Council for official purposes, purchase of stationery for official work of the
Council. (iii)
Contingent expenses of a non-recurring nature not exceeding Rs.20.000/-
(Rupees Twenty Thousand) for each item and Rs.50.000/-(Rupees Fifty Thousand)
per annum subject to provision in the budget. (b)
The Council:- The Council shall have the power to incur an
expenditure other than those specified in clause (a) which is required to be
incurred in connection with discharge of the functions of the Council subject
to limits of the budget approved by the Council. Provided that the State Government may authorise
the Chief Executive Officer to incur such preparatory expenditure during such
period as may be specified, notwithstanding that power to sanction such
expenditure vests with the Council. After such expenditure is made. The same
shall have to be placed before the Council for approval. (1)
The Chairman shall have the power to approve the tour programme of the
Chief Executive Officer and grant his casual leave and permission to avail
Government holidays subject to terms and conditions applicable to Government
servants. The application of the Chief Executive Officer for leave other than
casual leave shall, together with the recommendations of the Chairman, be
forwarded to the Government in Planning and Coordination Department for
appropriate orders. The State Government may make such temporary arrangement as
they deem fit for discharge of duties and responsibilities of the Chief
Executive Officer during his leave or absence for any other reason. (2)
The Chief Executive Officer shall be competent to sanction leave as
admissible and accord permission to avail Government holidays to all other
employees of the Council ;subject to terms and conditions applicable to
Government servants. (3)
Orissa Leave Rules, 1966 and other rules regulating the conditions of
Government Servants, shall apply to the Chief Executive Officer and other
officers and employees of the Council. (4)
The annual increment of the Chief Executive Officer shall be sanctioned
by the Chairman of the Council and that of other officers and employees of the
Council shall be sanctioned by the Chief Executive officer. (5)
The annual confidential report on the performance of the officers and
employees of the Council shall be recorded at the end of each year for the
period and in the manner applicable for their respective grads and services.
Their reporting, counter signing and accepting authorities will be as under. Sl. No Category Reporting officer Counter Signing authority Accepting Authority 1 2 3 4 5 1. Chief Executive officer Revenue Divisional Commissioner having the jurisdiction over maximum
area of the Council Chairman Government in the P & C Department 2. Other officers & Employees on Deputation Chief Executive officer Chairman Government in the P & C Departmnet 3. Own staff of the Council Chief Executive Officer Chairman Chairman 4. Personal staff of Chairman Chairman Chairman Chairman The Chairman may make correspondences with other
State Government/ Central Government/ International Agency/ international
Bureau for obtaining financial assistance for the Western Orissa Development
Council p0rojects. In all such cases, he shall inform the details to the
Government in Planning and Coordination Department. Before entering into any
contract/ negotiation for financial assistance to be received from any
international agency including any other State Government/ Central Government,
he shall obtain the permission of the Government in Planning and Coordination
Department. Government may from time to time issue such
instructions as may be deemed necessary for smooth functioning of the Council
or for achieving the objects of the Act. Government may at any time direct any authority /
officer to inspect the office of the council. In case any doubt arises as to the interpretation
of these rules, the matter shall be referred to Government in the Planning
& Co-ordination Department for decision.THE WESTERN
ORISSA DEVELOPMENT COUNCIL RULES, 2003
PREAMBLE