NATIONAL PLANNING AND DEVELOPMENT ACADEMY ACT, 20

National Planning and Development Academy Act, 20

(Act No. 8 of 27)

[October 8, 20]

Laws created to establish the National Planning and Development Academy

Since it is expedient and necessary to establish a national institution for providing timely training to build skilled manpower to implement the country’s development plan;

Therefore, it is hereby enacted as follows: –

Short title and introduction

  1. (3) This Act shall be called National Planning and Development Academy Act, 20.

(2) It shall be effective immediately.

Definition

  1. Unless there is anything repugnant in the subject or context, under this Act-

(a) “Academy” means the National Planning and Development Academy established under section 4;

(B) “employee” means an officer;

(C) “Chairman” means the Chairman of the Board;

(D) “regulation” means the regulations made under this Act;

(E) “Board” means the Board of Directors of the Academy;

(F) “Vice-Chairman” means the Vice-Chairman of the Board;

(G) “Director General” means the Director General of the Academy; And

(h) “Member” means any member of the Board and, as such, shall also include the Chairman and Vice Chairman.

Establishment of the Academy

  1. (3) For the purpose of this Act, the activities of the National Planning and Development Academy, which is governed by Government Educational and Training Institutions Ordinance, 1961 (EP Ordinance No. XXVI of 1961), shall continue as if it were established under this Act.

(2) The Academy shall be a statutory body and shall have a permanent continuity and a general seal and shall have the power to acquire, hold and transfer both immovable and immovable property subject to the provisions of this Act and may file a suit in his name. A lawsuit can also be filed against him.

Office of the Academy

  1. The headquarters of the Academy shall be in Dhaka and the Academy may, if necessary, establish its branch office at any place in the country, with the prior approval of the Government.

Management and administration

  1. The responsibility of administering and administering the Academy shall be vested on the Board of Directors.

Board of Directors

  1. (4) For the purposes of this Act, subject to the provisions of this section, there shall be a Board of Directors of the Academy consisting of no more than five (fifteen) members, including the Chairman and Vice Chairman.

(2) The Minister or, as the case may be, the Minister of Planning, the Chairman of the Board and the Secretary, the Planning Department, the Vice-Chairman:

Provided that if the Minister and the Minister are in charge of the Ministry at the same time, the Minister shall be the Chairman and the Minister shall be the Vice Chairman. In that case the ‘Secretary, Planning Department’ shall be a member of the Board.

(3) The Board shall be constituted by the Government, consisting of public servants and private representatives.

(4) Government employees shall be ex officio and non-governmental representatives shall be members of the Board for three (three) years:

Provided that after the expiry of the term, there shall be no barrier to the re-appointment of a non-governmental representative more than two (two) times.

(4) The Director General shall be a member-secretary of the Board.

(3) The Government may, at any time, without giving any reason, exempt any member from his office.

Meeting of the Board

  1. (4) The Member-Secretary of the Board shall, on the advice of the Chairman, determine the time, place, schedule and schedule of the meeting.

(2) The quorum of the meeting of the Board shall require the presence of an additional one-third of its total membership, but in case of adjournment meetings, no quorum shall be required.

(4) The Chairman shall preside over all meetings of the Board, and in his absence the Vice-Chairman and the Vice-Chairman, the Secretary, Planning Department shall convene an emergency meeting.

(4) Every member shall have one voting power in making a decision in the meeting of the board and a decision shall be made on the basis of the majority of the members present at the meeting, but in the case of equality of votes, the chairperson shall have the right to vote on the second or decisive vote.

(3) The member-secretary of the board shall preserve the proceedings of the meeting and send it to the members and shall present it at the next board meeting.

(4) Just because a vacancy in a member’s position or a flaw in the formation of a board does not invalidate any function or proceeding of the board and no question can be raised in connection with it.

(3) A meeting of the minimum board shall be held every three months.

Functions of the Academy

  1. The functions of the Academy shall be as follows: –

(a) Planning and project implementation, procurement management, strategic planning and leadership, financial management, project evaluation and monitoring, e-governance and e-commerce of employees of public, semi-government, autonomous and non-governmental organizations. Provide training on human resource management, office management, language education and information technology Health;

(B) to provide training to employees of various public, semi-government, autonomous and non-governmental organizations on request;

(C) to prepare pre-investment feasibility plans for various ministries, departments and agencies, and to advise on the monitoring and evaluation of the project;

(D) assisting in the conduct and evaluation of research for the planning and policy formulation of various ministries, departments and agencies, and to assist in its implementation;

(E) establish communication with local and foreign agencies for planning, implementation and evaluation of projects and for the improvement of training activities;

(F) to share experiences and information on planning, project management, development economics and other public matters through organizing workshops, seminars and symposiums;

(G) editing and publishing research and publications; And

(h) to undertake activities in other matters as directed by the Government.

Director General

  1. (3) There shall be a Director General of the Academy.

(2) The Director General shall be appointed by the Government and his terms of service shall be fixed by the Government.

(3) The Director General shall be the Chief Executive Officer of the Academy and he shall –

(a) exercise the powers and perform the functions assigned by the Board;

(B) be responsible for implementing all decisions of the Board;

(C) appoint, promote, and execute general conduct and discipline of the employees of the Academy, subject to the provisions of the Rules and the Government;

(D) administer the Academy; And

(e) perform other functions of the Academy as the Board directs.

(4) If the post of director general becomes vacant or if the director general is unable to perform his duties due to absence, sickness or any other reason, the newly appointed director general shall vacate the post, or he shall be nominated by a government official until the director general is able to fulfill his duty again.

Employee recruitment

  1. The Academy may appoint the required number of employees, with the prior approval of the Government, for the smooth functioning of its functions, and their recruitment and terms of service shall be determined by regulations.

Formation of committees

  1. The Academy may, if necessary, form one or more committees to assist it.

Funding

  1. (3) For the purpose of this Act, there shall be a fund of the Academy called ‘National Planning and Development Academy Fund’.

(2) The funds shall be credited to the following, namely: –

(a) Grants made by the Government;

(B) general and special loans from the Government;

(C) grants and loans received from any foreign government, international organization or organization, with the prior approval of the Government;

(D) the amount received in respect of various fees received by the Academy;

(E) income from the Academy’s own source;

(F) the interest or income received from the money deposited or deposited in a proposed bank or any other institution approved by the Government; And

(g) money received from any other legitimate source with the prior approval of the Government.

(4) The Fund shall, upon approval of the Board, be deposited in the name of the Academy in a proposed bank and the Fund shall be governed in the manner prescribed by the Rules.

(4) In pursuance of the prevailing rules and regulations of the Government, the functions of the Academy and all expenses related to the salary, allowances and honorarium of the Director General and the Academy shall be deducted from the Fund.

Explanation – The “Scheduled Bank” referred to in this section means the Scheduled Bank as defined in Article (2) (j) of Bangladesh Bank Order, 1972 (PO 127 of 1972).

Budget

  1. The Academy shall, every year, within a period specified by the Government, present the annual budget statement for the next fiscal year with possible income and expenditure, and shall specify the amount of money the Academy will require from the Government in that fiscal year.

Accounting and Auditing

  1. (3) The Academy shall properly maintain it and prepare an annual statement of accounts.

(2) The Auditor General and the Registrar of Bangladesh, hereinafter referred to as the Auditor General, shall audit the Academy every year and submit a copy of the Audit Report to the Government and the Academy.

(3) The Auditor-General for the purpose of audit under the provisions of sub-section (2) or a person empowered for such purpose may inspect all records, documents, cash or bank deposits, securities, repositories and other property of the Academy. Member, Director General or any employee of the Academy.

(3) In addition to the audit under sub-section (2), the trust account may be audited by a Chartered Accountant as defined in Article 2 (1) (b) of Bangladesh Chartered Accountants Order, 1973 (PO Order NO. 2 of 1973) and for this purpose. The Trust may appoint one or more Chartered Accountants.

Report

  1. (3) Within the three (three) months after the end of each financial year, the Academy shall submit to the Government an Annual Report containing the details of the activities performed by the financial year.

(2) The Government may, at the time of need, direct from the Academy anytime, any return on any matter of the Academy, for the purpose of providing a return, statement, estimate, statistics, information, report or document, and the Academy shall be obliged to supply it to the Government.

Empowerment

  1. (3) The Board may, under special or general orders, delegate any power to any member of the Director General, Committee or any employee of the Academy.

(2) The Director-General may, without the power conferred upon him under sub-section (1), delegate any power or duty conferred on him under this Act, by any written order, to any employee of the Academy, except as required and subject to such conditions.

Public servant

  1. The director general and the employees of the academy shall be treated as “public servant” in the sense that the expression “public servant” is used in section 21 of Penal Code, 1860 (Act XLV of 1860).

Ability to make rules

  1. For the purpose of this Act, the Government may, if necessary, make rules by notification in the Official Gazette.

Power to make regulations

  1. The Board may, for the purpose of this Act, make such regulations without the prior approval of the Government, inconsistent with this Act and the rules made thereunder.

Cancellation and custody

  1. (1)

Immediately after the enactment of this Act, – (a) the decision on the conversion of the Board of Governors of the Academy of Planning and Development Academy to a body corporate on January 5, and

(b) by the Planning Department of the Ministry of Planning on 1 February, APD / Admn. Notifications issued in memorials numbered .55 / 84/118 and PD / Admn.55 / 84/119 will be canceled

(2) Notwithstanding the repeal under sub-section (1), the National Planning and Development Academy operated under Government Educational and Training Institutions Ordinance, 1 (EP Ordinance No. XXVI of

1) – (a) the Board of Governors or all such acts Work or action taken shall be deemed to have been done or taken under this Act;

(B) all assets, powers, powers, benefits and immovable and immovable properties, money held in cash and banks and all other claims and rights shall be treated as the assets, powers, powers, benefits, property, money and claims and rights of the Academy;

(C) all debts and liabilities and all agreements made by or on behalf of him shall be deemed to be the debt and liabilities of the Academy and the contract executed by or on behalf of him;

(D) any suit, proceeding or any proceeding filed by or against, shall be disposed of as if it had been filed, adopted or initiated against or under the Act under the Act;

(E) all rules, regulations, orders, directives, rules or any other instrument applicable to the case, subject to compliance with this Act, unless required to be newly formulated or issued under this Act or abolished, with the necessary adaptation, running as before, Be continued and effective;

(F) the activities of the Board of Governors or Committees, if any, shall continue until the existing term is abolished or until a Board or Committee is constituted under this Act; And

(g) the employees, who were employed in the service immediately before the commencement of this Act, shall remain in the service of the Academy on the same terms and conditions, unless changed under the provisions of this Act, and shall receive salary, allowances and other benefits under the previous rules.

 

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.