*
To be nominated by the President on the recommendation of Tourism
Department.
** To be nominated by the President on the recommendation of
Sports Department.
*** To be nominated by the President on the recommendation of
Executive Committee.
Note: The departments where Additional Chief Secretaries or
Secretaries are working in place of Principal Secretary, they
shall be the ex-officio members of the General Body.
6.
Disqualification for Membership of the Board:-
A person shall be disqualified for being appointed or continuing
as the member of the board, if he/she - (a) is of unsound mind.
(b) has been convicted for a criminal offence.
(c) has been removed or dismissed from the service of the State
or the Union Government on charges of corruption.
(d) holds any official position such as Director/Secretary/Manager
or as a salaried employee of an organisation which has any share
or interest in any contract awarded by the Board. (applicable
only for nominated members)
7.
Tenure:
The term of office of every member, other than ex-officio members,
shall be two years unless he/she has been removed by the President
on the recommendation of the General Body.
8.
Resignation of Member:
Any non-official member may resign his / her office through a
signed letter, addressed to the Board, but he / she shall continue
in office until his / her resignation is accepted. The resignation
shall be accepted only by the President.
9.
Rights, Powers and Duties of the General Body:
1.
Formulation of policies for achieving the objectives of the
Board.
2. Approval of the annual budget and annual report of the Board.
3. Acceptance of the annual audit report of the Board.
4. Supervision of the working of the executive committee.
5. Approval of the amendments to the bye-laws of the Board.
6. Approval of the service conditions, Traveling Allowances/Dearness
Allowance rules, Medical facility rules, Leave rules, LTC rules
and other facilities for the officials/ employees of the Board.
7. Sanction of the unforeseen expenses from the contingency
fund of the Board and to approve rules regar
ing operation and maintenance of this fund.
8. Approval of the setup of the Board.
10.
General Body Meeting:-
(a) The meeting of the General Body shall be held at the specified
date, place and time.
(b) The meeting of the general body shall be held at least once
a year.
(c) The President himself/herself, or on the written request of
at least six members of the Board, may call a special meeting
of the Board at any time.
(d) Every meeting shall be presided over by the President and
in his/her absence, by any other member elected by the members
present at the meeting, shall conduct the meeting.
(e) All questions in a meeting shall be decided by a majority
of the members present and in case of a tie of votes, the person
presiding shall have the right to a second or casting vote.
(f) A register shall be maintained for the meetings of the General
Body and it will contain signature of the members present in the
meeting. The proceedings of every meeting shall be issued under
the signature of Chief Executive Officer after the approval of
the President.
(g) The quorum for the General Body meeting shall be of eight
members. If at any special or ordinary meeting of the General
Body a quorum is not complete, the President shall adjourn the
meeting for some other time on the same day as he/she may think
fit. No quorum shall be required in the reconvened meeting with
regard to the agenda of the adjourned meeting.
(h) The proceedings of the Annual General Meeting (AGM) shall
be submitted to the Registrar, Firms and Societies within 15 days.
11. Notice for Calling the Meeting of the General Body:
Every meeting of the General Body shall be convened by a notice
issued under the signature of the Chief Executive Officer. Ordinarily
the notice shall be issued 10 days before the date of the meeting.
However, the notice can be issued 5 days before the date of the
meeting only under special circumstances.
12. Executive
Committee:
(a) The executive committee shall consist of the following members:-
1. The Principal Secretary, Forest Department Chairperson
2. The Principal Chief Conservator of Forests, M.P. Member
3. The Managing Director, M.P. Minor Forest Produce Member Co-operative
Federation
4. The Managing Director, M.P. Forest Development Member Corporation
5. The Principal Chief Conservator of Forests Member (Wildlife)
M.P.
6. The Principal Secretary, Tourism Department, Member
7. The Principal Secretary, Finance Department, Member (or his
representative)
8. The Managing Director, MP Tourism Development Member Corporation
9. Member Secretary, MP Bio-diversity Board Member
10. Member (Mechanical), Narmada Valley Development Special Invitee
Authority
11. Chief Executive Officer Member Secretary
12. Any other person(s) invited by the chairperson
Note: The departments where Additional Chief Secretaries or Secretaries
are working in place of Principal Secretaries, they shall be the
ex-officio members of the executive committee.
(b) The constitution of executive committee shall become effective
w.e.f the date these bye-laws come into force and shall function
till its supersession or dissolution.
13.
Rights, Powers and Duties of the Executive Committee:
The Executive Committee shall be responsible for taking necessary
action to achieve the objectives of the Board. All the rights/powers
of the Board shall vest in the executive committee except the
ones delegated to the General Body, Chief Executive Officer or
any other official under these bye-laws. The following functions
shall be performed by the executive committee for the discharge
of this responsibility:-
(a) Approval of the annual work plan of the Board.
(b) Approval of the projects for ecotourism development.
(c) Consideration and approval of the annual budget, audit reports,
annual reports and other relevant proposals before submitting
them to the General Body.
(d) Submission of the bye-laws for the approval of the General
Body after due consideration.
(e) Formulation of the rules for the service conditions of the
employees of the Board.
(f) Monitoring and controlling of the functions and programs of
the Chief Executive Officer and other officials.
(g) Delegation of any powers and rights of the executive committee
to the Chief Executive Officer or any other officer of the Board
as it deems necessary for the achievement of the objectives of
the Board.
(h) Other duties related to any subject as directed by the General
Body.
(i) Appointment of the auditor for auditing the accounts of the
Board.
(j) Decision on any disputes related to any decision/issue of
the Board.
(k) Decision on the contribution of the Board for welfare/ entertainment
of the officials/employees of the Board.
14.
The officials/employees of the Board: There shall be a Chief Executive
Officer and such other officials as may be required for the successful
conduct of the activities of the Board according to the approved
setup.
(a) The Chief Executive Officer:
1. The Chief Executive Officer shall be appointed by the State
Government on deputation.
2. The Chief Executive Officer of the Board shall be an officer
of Indian Forest Service (IFS) of Madhya Pradesh Cadre, not below
the rank of the Chief Conservator of Forests.
(b)
The Responsibilities of Chief Executive Officer:-
1. The Chief Executive Officer shall be responsible for day-to-day
administrative and management activities of the Board.
2. All orders, notices and instructions issued on behalf of the
Board shall be issued under the signature of the Chief Executive
Officer.
3. The Chief Executive Officer shall maintain the proceedings
of the meetings and other records.
4. The Chief Executive Officer shall be the person in whose name
the Board may sue or be sued.
5. The Chief Executive Officer shall receive any donations /gifts,
acquire any land, building or other movable or immovable properties
together with all rights pertaining thereto, through purchase
exchange, lease or any other means, on behalf of the Board.
6. The Chief Executive Officer shall manage funds of the Board,
implement various programmes and activities, sanction and disburse
all payments to the executing bodies as per the approved plans
and budget of the Board.
7. The Chief Executive Officer shall prepare annual reports, programmes,
financial statement, financial estimates, budget and establishment
reports of the Board.
8. The Chief Executive Officer shall appoint and take action according
to conduct rules in the case of employees of the Board.
9. The Chief Executive Officer shall impose and recover the fees
for the services rendered by the Board and raise necessary funds
for achieving the objectives of the Board.
10. The Chief Executive Officer shall execute any agreements for
and on behalf of the Board.
11. The Chief Executive Officer shall frame rules for the Contingency
Fund of the Board and obtain the approval of the Executive Committee.
12. The Chief Executive Officer shall perform any other duties
assigned by the Board / Executive Committee or relevant to ecotourism.
(c)
The Duties and Powers of Chief Executive Officers
1. The Chief Executive Officer shall exercise all the powers delegated
to him by the Executive Committee.
2. The Chief Executive Officer shall be the competent authority
for fixing and disbursing the pay and allowances of all the officials/
employees of the Board as per their services conditions.
(d)
Appointment of Staff
1. Initially the staff shall be appointed on deputation from Forest,
Tourism and other related departments/ agencies. The deputation
period shall be of three years and can be renewed with the approval
of Executive Committee. Staff and professionals/ specialists may
also be appointed on contract basis in case suitable persons are
not available on deputation or for any other relevant reason.
2. All the officials and employees of the Board shall work under
the control of the Chief Executive Officer.
16.
Service Condition of Officials and Employees
(a) The remuneration and service conditions of the employees shall
be in accordance with the rules approved by the General Body or
as prescribed in the contract conditions approved by General Body.
(b) The service condition of the officers of All India Services
working on deputation shall be as per All India Services Rules.
17.
General Disqualification for Officers and Employees
Any person, who has any direct or indirect interest in any contract
or employment of the Board, himself or through his / her partner
or agent shall neither be appointment nor allowed to continue
as an officer or employee of the Board.
18.
Project Implementation Agencies The activities of the Board, as
per subjects and terms approved by Executive Committee shall be
generally implemented through the field units of Forest Department.
However when necessary, the project can also be implemented through
other agencies viz. Tourism Department, Central / State Government
undertakings, forest committees, local bodies, self help groups
etc.
19.
Board's Fund:- The Board may accept grants, financial assistance,
donations from the Central or State Government or a local authority
or any individual or body, whether incorporated or not, for achieving
its objectives. All the funds received by or on behalf of the
Board in accordance with these bye-laws, all proceeds from the
sale of the property of the Board, all rents, interests, profits
and other funds accruing to the Board shall constitute the fund
of the Board.
(a)
The Following Funds shall be Maintained by the Board:
1. General Fund: - This fund shall not be related to any projects
and shall be used mainly for meeting the administrative expenses
of the Board. However money form this fund can be transferred
to project fund as per the availability. Some of the sources of
this fund shall be as follows:-
(a) A specific amount from the Development Fund of protected areas
of Forest Department (at least 10%)
(b) A specific amount (at least 10%) from the "Vikas Nidhi" (Development
Fund) of M.P. Minor Forest Produce (T&D) Federation.
(c) Contributions from other departments like Tourism, Rural Development
and Sports etc.
(d) Grants / Assistance from the Central Government or its undertakings
or from any other source.
(e) The savings from the funds received for various projects from
other sources.
(f) Supervision charges for the projects of other departments
/ agencies being implemented through Ecotourism Board.
2.
Project Fund: - This fund shall consist of the amount received
by the Board for implementing ecotourism projects from its own
sources or from other organisation / sources.
3.
Establishment of Sinking Fund and its Managements: - Whenever
a loan has to be repaid, the Board shall establish a sinking fund
and shall pay into it every year, until the loan is repaid, a
sum so calculated, that if regularly paid, throughout the period
agreed upon, it would, with accumulations by way of compound interest,
be sufficient to pay off the loan, including other related expenses.
4.
Contingency Fund of the Board:-
(a) The Board shall establish a fund which shall be called the
Contingency Fund of the Board. An amount of Rs 10 Lacs shall be
deposited in the fund from the funds of the Board.
(b) The fund shall be held on behalf of the Board by Chief Executive
Officer and no advances shall be made out of this fund. Payment
of unforeseen expenses may be made from this fund in anticipation
of approval of the Board.
(c) The Board shall frame rules, for meeting the objectives of
this part, for withdrawal and maintenance of this fund.
5.
Bank Account:- Unless there are State Government directions to
the contingency, all receipts and funds specified in the foregoing
provision and forming part of the fund of the Board shall be deposited
in
(a) Any Scheduled Bank or
(b) A subsidiary or associate bank of State Bank of India or
(c) MP State Co-operative Bank limited or
(d) Such securities and cash deposit receipt as may be approved
by the State Government. All such accounts shall be operated by
the Chief Executive Officer or the officers as may be authorized
by him.
20.
The powers to borrow and lend:-
Subject to the provisions of these bye-laws, the Board may, from
time to time, advance any sum standing at the credit of the Board
and with the previous sanction of the State Government, borrow
money required from the public or from any financial institutions
or any corporation controlled by the State Government or Central
Government.
21.
State Government Guarantee:-
If the Board so desires and requests, the State Government may
guarantee in such a manner and subject to such conditions as it
may think fit, the payment of a loan raised by the Board.
22.
Accounts and Audit:-
(a) The Chief Executive Officer shall ensure to maintain proper
books of accounts as prescribed by the Act and such other books
as may be prescribed in the rules and shall also prepare an annual
statement of accounts
(b) The Chief Executive Officer shall cause the accounts to be
audited annually by a person/ organisation appointed by the Board.
(c) As soon as the accounts of the Board are audited, the Chief
Executive Officer shall present a copy thereof, together with
a copy of the report of the auditor to, the Board.
(d) The Chief Executive Officer shall comply with such directions
as the General Body or the Executive Committee may think fit to
issue after perusal of the report of the auditor. .
(e) The audited accounts shall be sent to the Registrar, Firms
and Societies under section 28 of the Act.
23.
Reports:-
The Board shall, before such dates and in such form and at such
interval, as may be prescribed, submit a report to the State Government.
24.
Supersession of the Governing Body of the Board:-
(a) In the event of supersession of the Governing Body (Executive
Committee) as per the Provisions of Section 33 of the Act
1. the Chairperson and all the members shall have to vacate their
offices from the date of the publication of notification of supersession
of the Board.
2. all the powers and functions exercised or preformed by the
Board and the Chairman or on their behalf, under the Act/Rules/Bye-laws,
shall be exercised by an authority or person decided by the Government,
during the period of supersession.
3. all funds and other property vested in the Board shall, during
the period of supersession vest in the authority or person referred
to in clause 2; and
4. all liabilities, legally subsisting and enforceable against
the Board, shall be enforceable against the authority or person
referred to in clause 2, to the extent of the funds and properties
vested in it or him.
(b) On the expiry of the period of suppression specified in the
notification issued under sub-section (a), the State Government
may-
1. Extend the period of suppression for such further period as
it may consider necessary; or
2. Reconstitute the Board.
25.
Dissolution of the Board:- On the dissolution of the Board due
to reasons assigned and the procedure prescribed in Section 34
(1) of the Act, or on the cancellation of the registration of
the Board under Section 34 (2) of the Act:-
1. All properties, funds and dues payable by the Board to the
Government shall vest in and be realizable by the State Government;
2. All liabilities enforceable against the Board shall be enforceable
against the State Government to the extent of the properties,
funds and dues vested in and realized by the State Government.
26.
Powers to make Rules:-
(a) The Board shall have powers to make rules and amend them as
far as they are not inconsistent with the provision of the Act
and the rules made to implement the provisions of the Act. The
proposed Rules/Amendment shall have to be approved by two third
majority of the General Body.
(b) In particular and without prejudice to the generality of the
above powers, such regulations may provide for-
(1) All matters expressly required or allowed by the Act.
(2) Appointment of the persons as the members of the Executive
committee under section 12.
(3) The procedure to be followed by the committee at its meeting.
(4) The creation of the posts and delegations of powers and duties
of the Board to any official/officials or any committee/s of the
Board.
(5) Definition of the duties and conduct of officers and servants
of the Board and of other persons employed by the Board under
this Act for carrying out any of the purposes of this Act;
(6) The welfare and entertainment of the staff of the Board and
the contributions to be made therefore.
(7) The fees payable for the copies of the documents, estimates
and plans furnished by any of its officers and servants of the
Board under this Act;
(8) The management, use and regulation of dwellings and properties
constructed;
(9) The efficient conduct of the affairs of the Board.
27.
Disputes:-
(a) All legal matters shall be subject to the jurisdiction of
the courts of Bhopal.
(b) In all matters of disputes related to the issues/ decisions
arising out of the decisions of the Board, the decision of the
Board will be final.
