Housing and Building Research Institute Ordinance, 1977 Considering its provisions, the law created for the purpose of re-enacting legislation in response to the demands of time.
As per the Constitution (Fifteenth Amendment) Act, 28 (Act No. 8 of 27), the provisions of the Ordinances, the approval and support of the Ordinances issued by the military decree from August 7 to April 1, to April 4 to April 4, Article 4A and Article 4 of the Fourth Amendment to the Constitution of Bangladesh And by the Appellate Division of the Supreme Court in Civil Petitions for Leave to Appeal No. 1-5 / 24 The court has given its validation provider of military law unconstitutional ghosanapurbaka Constitution (Fifth Amendment) Act, 1979 (Act No.1 of 1979) annulled the ordinances were losing effectiveness; And that
because some of the said ordinances are enforced by the law of section 25; And
Since the requirements and relevance of such ordinances have been reviewed, the considered ordinances have taken the opinion of all stakeholders and all the ministries and departments, and the government has decided to make new laws in Bengal in response to the demands of time for necessary correction and refinement; And
since it is expedient and necessary to make new laws in response to the requirements of the Government, in light of the Government’s aforementioned decisions, the Housing and Building Research Institute Ordinance, 1977 (Ordinance No. XLIX of 1977), in consideration of its provisions;
Therefore, the law is hereby made as follows: –
Short title and introduction
- (3) This Act shall be called the Housing and Building Research Institute Act, 20.
(2) It shall come into force from the date fixed by the Government, Government Gazette Notification.
- Unless there is anything repugnant in the subject or context, in this Act, –
(1) “Institute” means the Housing and Building Research Institute established under section 4;
(2) “Committee” means the Executive Committee of the Governing Council;
(4) “Chairman” means the Chairman of the Governing Council;
(4) “Board of Directors” means the Board of Directors of the Institute constituted under section 4;
(3) “regulation” means the regulation made under section 20;
(3) “Rule” means the rules made under section 25;
(4) “Director General” means the Director General of the Institute; And
(3) “Member” means a member of the Governing Council.
Establishment of the Institute
- (3) The Housing and Building Research Institute, established under the Housing and Building Research Institute Ordinance, 1977 (Ordinance No. XLIX of 1977), shall remain as it is established under this Act.
(2) The Institute shall be a statutory body and shall have a permanent continuity and a general seal and subject to the provisions of this Act, it shall have the power to acquire, hold, and transfer property, both immovable and immovable, and may file a suit in its own name. A lawsuit can be filed against him in the name.
Office of the Institute
- (3) The Head Office of the Institute shall be located in Dhaka.
(2) The Institute may establish its branch office at any place in Bangladesh, with the prior approval of the Government.
Management and administration
- (3) The responsibility of the management and administration of the Institute shall be vested in a Governing Council, and the Governing Council may also exercise and exercise all the powers that the Institute may exercise.
(2) The Board of Directors shall, from time to time, follow the directions given by this Act, Rules, Regulations and Government in the discharge of its duties and functions.
Functions of the Institute
- The functions of the Institute shall be as follows: –
(a) Conduct technical and scientific inquiry and research activities on various problems related to the design and construction of buildings, construction materials-industries and human settlements;
(B) conducting research on the availability, development and use of indigenous construction materials and development of environmentally friendly construction materials;
(C) to encourage and use the incentive for the preparation of construction materials and materials referred to in section (b) and recommend that the Government take necessary steps in all such matters;
(D) increasing the capacity of quality control measures and encouraging them to follow the building;
(E) undertake necessary research and other initiatives to develop various disaster-friendly and environmentally friendly construction technologies, short-term building plans and designs, and modern techniques for building maintenance, including earthquakes in the housing sector;
(F) to take necessary actions for the use and development of affordable and sustainable new materials and technologies in the construction of buildings;
(G) establish joint communication with various government and non-governmental organizations, universities and other institutions engaged in research activities on housing and buildings, and conduct joint survey and research activities to gain international acceptance and recognition of the activities of the Institute;
(H) Conduct regular research activities on alternative construction materials and construction technology, and formulate and update Bangladesh National Building Code and other construction codes, policies, etc.;
(I) take initiatives to evaluate the research activities of the Institute and apply the research findings;
(J) the introduction of fellowships and scholarships to encourage research and technical and scientific inquiry activities, with the prior approval of the Government, in the construction of houses and buildings;
(K) to execute bilateral or multilateral agreements, with the prior approval of the Government, with any domestic, foreign or international organization or organization to provide and receive technical advice on housing and building construction technology;
(L) to provide training to researchers and technicians for conducting research activities in the construction of housing and buildings, and to organize regular training to enhance the research knowledge of building construction;
(E) undertake other necessary initiatives, including contracting with the state and leading institutions in the study of housing and construction, with the prior approval of the government, training and contractual assistance;
(3) to provide consulting services related to various issues and issues of the housing and building construction industry;
(O) publish, disseminate and preserve the latest information regarding the various possibilities and problems of the housing and construction industry;
(D) regularly publish research reports, journals, technical reports and other work related reports on the activities of the Institute; And
(E) to perform any of the other functions necessary or incidental in connection with the above-mentioned functions.
Formation of the Governing Council
- (3) The Board of Directors of the Institute shall consist of the following members, namely: –
(a) the Minister in charge of the Ministry of Housing and Public Works, who shall also be its Chairman;
(B) the Senior Secretary / Secretary, the Ministry of Housing and Public Works, who shall also be its Vice-Chairman;
(C) Chief Engineer, Public Works Department;
(D) Chief Engineer, Local Government Engineering Department;
(E) Chairman, National Housing Authority;
(F) Chief Architect, Directorate of Architecture;
(G) Chairman, Bangladesh Industrial Research Council;
(H) three (one) representatives of the rank of Additional Joint Secretary nominated by the Planning Commission;
(I) three (one) representatives of the rank of Additional Joint Secretary nominated by the Department of Finance;
(J) three (one) representatives of the rank of Additional Joint Secretary nominated by the Ministry of Science and Technology;
(K) Director, Urban Development Department;
(L) two (two) professors of the University nominated by the Bangladesh University of Engineering, of which 1 (one) shall be nominated from the Civil Engineering Department and the other from the Department of Architecture or Urban and Regional Planning;
(E) one (1) professor of any subject, including the functions of the Institute, nominated by the University of Dhaka;
(1) the rank of an additional Fellow of the said Institution nominated by the Bangladesh Engineers Institution (1) one representative;
(O) three (one) representatives of the rank of additional Fellow of the Institute nominated by the Institute of Architect, Bangladesh;
(T) one (1) representative nominated by the Government from among the consulting engineers engaged in the design of the building;
(E) the President of the Real Estate Association of Bangladesh (REHAB) or any one of the nominated 5 (one) representatives;
(E) one (1) representative nominated by the Government from the building construction firms;
(B) two (two) representatives of the Institute nominated by the Government; And
(n) the Director General, who shall also be its Member-Secretary.
(2) The members nominated under sub-section (1), respectively (l), (d), (3), (o), (th), (th), (d) and (d) from the date of their nomination. (Ii) shall hold office for a term of one year; However, they may resign at any time through a letter signed by the Chairman:
Provided that no resignation will be effective unless accepted by the Chairman.
(3) Before the expiry of the term mentioned in sub-section (2), the nominating authority may, at any time, relieve any member of the nominee from his / her duty.
(4) Any function or proceeding of the Governing Body shall not be invalidated by any vacancy in the membership of the Governing Body or the error in the formation of the Governing Council, and no question shall be raised in connection with it.
(4) If he is the Minister or Deputy Minister of the Ministry of Housing and Public Works, he shall be the Vice-Chairman of the Governing Council; In that case the Secretary shall be a member of the Council; And if there is no Minister or Deputy Minister, the Secretary shall be the Vice-Chairman of the Council.
Meeting of the Governing Body
- (4) Subject to the other provisions of this section, the Board of Directors may determine the procedure of its meeting.
(2) The meeting of the Council shall be held at the date, time and place prescribed by the Vice-Chairman, in his absence or in his absence.
(3) A meeting of the Board of Directors shall be held at least two (two) times a year.
(4) The Chairman shall preside over all meetings of the Council, but in his absence the Vice-Chairman shall preside.
(4) The quorum shall be quorum in the presence of at least half of the total number of members of the council, but quorum shall not be required in the case of adjourned meetings.
(4) The decision shall be taken by the vote of the majority of the members present at the meeting.
(3) Every member of the meeting shall have one vote, but in the case of equality of votes, the person presiding shall have a second or decisive vote.
(3) Members shall be entitled to allowance prescribed by rules for attending the meeting of the governing body.
Formation of the Executive Committee
- (3) The Executive Committee shall consist of the following members, namely: –
(a) the Director General, who shall also be its Chairman;
(B) Three (four) employees nominated by the Board of Directors from among the ninth grade or higher grade employees engaged in the research and administrative work of the Institute or for the performance of such functions.
(2) The members nominated under sub-section (1) shall remain in office for three (three) years from the date of nomination.
(3) No function or proceeding of the Executive Committee shall not be invalid because of vacancy in any membership of the Executive Committee or in the formation of the Executive Committee, and no question shall be raised in connection with it.
Meeting of the Executive Committee
- (4) Subject to the other provisions of this section, the Executive Committee may determine the procedure of its meeting.
(2) The meeting of the Executive Committee shall be held at the date, time and place fixed by the Director General.
(4) The Director-General shall preside over all meetings of the Executive Committee, but in his absence any nominated member shall preside.
(4) The decision shall be taken by the vote of the majority of the members present at the meeting of the Executive Committee.
(3) Each member shall have one vote in the meeting of the Executive Committee, but in the case of equality of votes, the chairperson shall have a second or decisive vote.
Functions of the Executive Committee
- The functions of the Executive Committee shall be as follows: –
(a) Formulation of proposals and programs consistent with the functions of the Institute for the approval of the Board of Directors and the implementation of all approved proposals and programs;
(B) conducting research and technical and scientific studies in the field of housing and building construction, as directed by the Governing Council;
(C) assisting the Governing Body in its performance; And
(d) the exercise and performance of powers conferred by the regulations or, from time to time, the governing council or, as the case may be, the government.
- (3) There shall be a Director General of the Institute.
(2) The Director General shall be appointed by the Government, subject to the conditions prescribed, from among persons having experience in the matter of housing and construction.
(4) The Director General shall be the Chief Executive of the Institute, and he shall –
(a) perform the functions in accordance with this Act and the rules and regulations made thereunder;
(B) if any emergency situation arises in the functioning of the Institute, take necessary steps in that case and submit the steps, as soon as possible, to notify the next meeting of the Executive Committee and to approve the meeting of the Board of Directors; And
(c) perform any duties and powers assigned by the Board of Directors.
(4) If the post of Director General becomes vacant or if he is unable to fulfill his duties due to absence, illness, or any other reason, any person appointed by the Government shall act as the Director General until the newly appointed Director General takes office or he is able to resume his duties. .
- (3) The Institute may appoint the required number of employees, subject to the organizational structure approved by the Government, for the smooth functioning of its functions.
(2) The recruitment and employment terms of the employees shall be determined by the regulations.
Appoint researchers or technicians
- The institute may, if not enabled by its own manpower, appoint a researcher or technician through open competition, with the prior approval of the government, to solve any problems arising out of housing and construction and to invent any technology or technology in the public interest, if necessary.
Overseas training and higher education
- (4) The Institute shall, with the prior approval of the Board of Directors, take necessary measures to provide necessary foreign training and higher education to its researchers and technicians in conformity with the objectives and functions of the Institute.
(2) If a researcher or technician is nominated by a recognized international organization for research on a subject consistent with the objectives and functions of the Institute and if financial assistance is required in the case, the Institute may, with the prior approval of the Government, provide all or part thereof.
Borrowing and repayment
- The Institute may, with the prior approval of the Government, with the consent of the Board of Directors, obtain the required loan from the internal source of Bangladesh to carry out its functions under the Act, and the Institute shall be responsible for repayment of such loan under applicable conditions.
Funding of the Institute
- (3) The Institute shall have a fund and shall collect funds from the following sources, namely: –
(a) Government-funded grants;
(B) grants made by a person, organization or local authority;
(C) grants and assistance received from a foreign government or a local or foreign development assistance agency, with the prior approval of the government;
(D) loan taken;
(E) fees received by the Institute;
(F) money received from the sale or lease of the Institute’s assets; And
(g) money received from any other legitimate source.
(2) The money of the Fund shall be deposited in the name of the Institute in a designated bank specified by the Institute and the fund shall be operated in the manner prescribed by the Board of Directors.
Explanation.- For the purposes of this section, “Tapasli Bank” means any “Scheduled Bank” as defined in Article 2 (j) of Bangladesh Bank Order, 1972 (PO 127 of 1972).
(4) From the meaning of the funds, the necessary expenditures of the Institute may be made in accordance with the Government regulations.
- The Institute shall submit to the Government the annual budget statement for the next financial year, within the period prescribed by the Government, and shall specify the amount of money the Institute will require from the Government in that fiscal year.
Accounting and Auditing
- (3) The Institute shall, in consultation with the Auditor General and Controller of Bangladesh, hereinafter referred to as the Auditor General, preserve its accounts in the manner prescribed by the Government.
(2) The accounts of the Institute shall be audited in such manner as the Auditor General deems fit.
(3) For the purpose of audit under sub-section (2), the Auditor General or a person authorized by him for such purpose, may examine all records, exterior, documents, cash, securities, repositories and other assets of the Institute and any of the Governing Council. You may inquire a member or the Director General of the Institute or any other employee.
(4) The Auditor General shall submit its audit report to the Government and shall send a copy of it to the Institute.
- (3) The Institute shall submit to the Government, as soon as possible, an annual report containing the details of the activities performed thereafter.
(2) The Government may, at any time, call for any report, statement or return from the Institute on any matter thereof, and the Institute shall be obliged to provide it to the Government.
- The Board of Directors may constitute a number of committees and determine its working schedule as it thinks fit to carry out its functions properly.
Handing over power
- The Director General may, if required, and subject to such conditions as may be prescribed, delegate any power or duty conferred upon him under this Act to any employee of the Institute by written order.
- All members of the Governing Body and all employees of the Institute shall be treated as Public Servant in the sense defined in Section 21 of the Penal Code, 1860 (Act No. XLV of 1860), while performing any function in accordance with the rules or regulations made thereunder.
Ability to make rules
- For the purpose of this Act, the Government may, by notification in the Official Gazette, make such rules not inconsistent with this Act.
Ability to make regulations
- For the purpose of this Act, the Institute may, by the prior approval of the Government and by notification in the Official Gazette, make such regulations not inconsistent with this Act and the rules made thereunder.
Cancellation and custody
- (4) The Housing and Building Research Institute Ordinance, 1977 (Ordinance No. XLIX of 1977), hereinafter referred to as the Ordinance, was hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), under that Ordinance-
(a) any notice of action taken or any action taken, the budget estimates, schemes or schemes undertaken, received, given or given under this Act Shall be deemed ready; And
(b) any rules or regulations made, any order, notice or notification issued shall remain in force until revoked or amended and shall be deemed to have been made or issued under this Act.
(3) With the termination of the said Ordinance, the Institute established under the said Ordinance shall –
(A) all assets, rights, powers, powers, benefits and all immovable and immovable properties, cash and bank deposits, all other claims and rights, all accounts, registers, records and other documents, assets, rights, powers, powers of the Institute. , Facilities and immovable and immovable property, money and claims held in cash and bang, accounts, accounts, registers, records and documents;
(B) all debts, liabilities and obligations and all agreements made by or on behalf of him, shall be deemed to be the loans, liabilities and obligations of the Institute, respectively, and the contract performed by him, on or with him;
(C) the lawsuit or legal proceedings filed against or on behalf of the Institute shall be deemed to be a case or legal proceeding filed by or against the Institute; And
(D) All employees shall be treated as employees of the Institute and shall be subject to the same conditions as they were employed before the commencement of this Act, unless their terms of service are changed by the Institute.
Publish translated text in English
- (3) After the enactment of this Act, the Government may, by notification in the Official Gazette, publish an Authentic English Text translated into English of the original Bengali text of this Act.
(2) In the case of a conflict between the English text and the original Bengali text, the Bengali text shall prevail.