Govt. of Jharkhand

 

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ARTICLE OF ASSOCIATION>>>
 

M E M O R A N D U M

1.1 Name of the Agency The name of the Agency is Jharkhand Renewable Energy Development Agency.
1.2 Registered Office The registered office of the Agency shall be located at Ranchi.
1.3 Area of Operation

The area of operation of the Agency shall be the whole of Jharkhand State. However, in pursuit of its objective for research, development and design it may seek co-operation and collaboration in its activities beyond its area of operation.

1.4   The agency shall be self-governing body having perpetual succession and common seal.

2. OBJECTS
The object of Agency is to explore and exploit through better planning, investigation, research, development, field testing and demonstration, the use of new and renewable energy sources, the necessity of which is being felt due to fast depletion of the conventional sources of energy because of their adverse effect on the environment.
The main objects of the Agency are as follows:

2.1 To encourage the use of Renewable Energy Sources by offering incentive to users
2.2 To plan, promote, undertake, coordinate, finance and execute projects which permit field applications such as Energy Forestry, Biogas, Improved Chullah, Solar Thermal Energy, Solar Photovoltaic System, Wind Energy, Micro Hydel Projects, Geo-Thermal, Bio-Energy etc.
2.3 To take all necessary steps for introducing and promoting the system and devices on new and renewable energy sources through demonstration and advertisement.
2.4 To take any work of purchasing, storing, transporting, distributing of any such materials as and when necessary in the interest of achieving the objects of the Agency.
2.5 The sponsor, co-ordinate the research and development through field testing of renewable technology involving development of prototype pilot programmers and system investigation through computerized simulation.
2.6 To promote sale of equipments relating to new and renewable energy sources by offering subsidy to beneficiaries, marketing, publicity and other necessary infrastructure as and when deemed necessary by the Agency.
2.7 To establish, provide, maintain and conduct otherwise subsidized research laboratory and experimental workshop for scientific and technical research work to undertake directly or through other agencies such scientific and technical research work as to promote, encourage or reward in any manner studies and research, scientific and technical investigation that may be considered likely to assist, encourage and promote rapid advances in technology, economics, import substitute of any work, the Agency is authorised to carry on. But before activities, their past positive contribution in the field and their infrastructure for taking up such work shall be assessed even if it is a Government Organisation/institution.
2.8 To standarise design in consultation with Ministry of Non-Conventional Energy Sources, Govt. of India and to provide consultancy services and technical know how to users, manufactures of various system and devices on new and renewable energy sources.
2.9 To formulate guidelines, selection criteria besides parametric choices for Urja Gram and Integrated Rural Energy.
2.10 To provide technical and financial or other assistance for survey and study for formulation of programs and projects on renewable technologies and conservation of energy.
2.11 To undertake and sponsor study as regard cost analysis, techno -economics and socio-economic conditions to assess the performance of new and renewable energy system and devices.
2.12 To grant aid, scholarship etc. for advance studies, training workshop in or outside India to deserving officers where the Agency is assured of good returns for the attainment of the objective of the Agency. Govt. permission would be necessary for training outside India.
2.13 To pay all cost charges and expenses incurred for the promotion and establishment of the Agency or which the Agency shall consider the same to be in the nature of preliminary expenses such as printing stationary, tools and plants and other expenses deemed essential for the establishment of the Agency.
2.14 To make such arrangements as may be expedient for the training of officers and staff, which are likely to be useful or to assist the business of the agency.
2.15 The Agency shall be manned in the initial stage by the deputation of officers and staff placed at its disposal by the department of Energy, Government of Jharkhand. In course of time when the scope of work and responsibility of the Agency expands, the Agency shall have the power to appoint officers and staff on its own roll on such terms and conditions which may be decided by the Managing Committee and approved by the Govt. of Jharkhand. In the event of the Agency taking officers and staff on its own roll such persons both officers and staff already working as deputationst in the Agency shall be considered for absorption in the Agency which the consent of the incumbent giving due weightage to their seniority and experience.
2.16 To plan, formulate and develop concept of scientific management of forest wasteland and other available land resources for energy plantation for commercial exploitation of biomass energy.
2.17 To enter into technical and financial collaboration with Indian and foreign enterprises in the pursuit of the objective of the Agency subject to the clearance from State Govt. and Govt. of India.
2.18 To arrange resources in the form of loan, subsidy, grant-in-aid or financial assistance from Govt., semi Govt. or any institution in the interest of the work of the Agency.
2.19 To enter upon any arrangement with Govt. of India, Govt. of Jharkhand or any State Govt., local authorities, Registered Companies, Associations, Individuals and Voluntary Agencies etc. for the purpose of carrying out its objectives.
2.20 To open branches and other officers of the Agency within the territory of Jharkhand.
2.21 To institute and defend legal proceedings in the interest of the Agency.
2.22 To setup computer cell at the headquarter of the Agency for Monitoring and evaluation of the work of the Agency if necessary through electronic data processing media.
2.23 To monitor and evaluate various programmes with arrangement for feed back analysis.
2.24 To perform all such other things ad may be considered necessary by the Agency or may be expedient or conductive to the attainment of its objective or which may be entrusted by the State Govt.
2.25 The State Govt. shall have the power to issue nay directive to the Agency on such matters as may be deemed fit by the State Govt. and that Agency shall have no right in this connection but comply with such directive issued by the State Govt.

ARTICLE OF ASSOCIATION

1. Interpretation / Definition

1.1 Act-means the Bihar Societies Registration Act, 1860.

1.2  Agency- means Jharkhand Renewable Energy Development Agency (an Agency formed by the State Govt. in conformity with the provision of section 20 of societies Registration Act, 1860.)

1.3 Managing Committee means the duly Constituted constitution of members appointed by the State Govt.

1.4 Government means State Govt.

1.5 By laws- means the byelaws, which may be made by the Managing Committee of the Agency with the concurrence of Inspector General of Registration Jharkhand, Ranchi.

1.6 Chairman- means The Secretary, Energy Department, Govt. of Jharkhand or any other person of repute appointed by the State Govt. In case Secretary Energy Department appointed as Chairman, the power of Vice-Chairman shall also vest in him.

1.7 Director- means Director of the Agency appointed by the State Government.
2. Name, Address and Occupation of the Members of the Agency:-
1. Secretary, Energy Department Jharkhand, Ranchi (Ex –Office) Chairman Cum Vice-Chairman
2. Secretary, Finance Department Jharkhand, Ranchi or his Representative Member
3. Secretary, Planning Department Jharkhand, Ranchi or his Representative Member
4. Secretary, Agriculture Department Jharkhand, Ranchi or his Representative Member
5. Secretary, Rural Development Deptt. Jharkhand, Ranchi or his Representative Member
6. Secretary, Industry Department, Jharkhand, Ranchi or his Representative Member
7. Secretary, Forest & Environment Deptt. Jharkhand, Ranchi or his Representative Member
8. Chairman, J.S.E.B. Jharkhand, Ranchi or his Representative Member
9. Director, B. I. T. Mesra, Jharkhand, Ranchi or his Representative Member
10. Director, Mines, Jharkhand, Ranchi. Member
11. Principal, Regional Institute of Technology, Jamshedpur, or his Representative Member
12. Director, JREDA, Ranchi. Member
13. Project Director, Secretary, JREDA, Ranchi. Member
3. Organisation and Management
1. Managing Committee
2. Chairman
3. Vice Chairman
4. Director
5. Project Director
4. Agency Shall have the following Members
1. Secretary, Energy Department Jharkhand, Ranchi (Ex –Office) Chairman Cum Vice-Chairman
2. Secretary, Finance Department Jharkhand, Ranchi or his Representative \Member
3. Secretary, Planning Department Jharkhand, Ranchi or his Representative Member
4. Secretary, Agriculture Department Jharkhand, Ranchi or his Representative Member
5. Secretary, Rural Development Deptt. Jharkhand, Ranchi or his Representative Member
6. Secretary, Industry Department, Jharkhand, Ranchi or his Representative Member
7. Secretary, Forest & Environment Deptt. Jharkhand, Ranchi or his Representative Member
8. Chairman, J.S.E.B. Jharkhand, Ranchi or his Representative Member
9. Director, B. I. T. Mesra, Jharkhand, Ranchi or his Representative Member
10. Director, Mines, Jharkhand, Ranchi. Member
11. Principal, Regional Institute of Technology, Jamshedpur, or his Representative Member
12. Director, JREDA, Ranchi. Member
13. Project Director, Secretary, JREDA, Ranchi. Member
5. Membership of a person in the capacity of the office held by him shall terminate automatically when he ceases to hold that office and the vacancy so caused shall be filed in automatically by his successor to that office.
6. The State Govt. shall have right to issue directive and it shall be binding on the Agency.
7. The Managing Committee consists of all the members as per clause-4 No. change.
8. The Chairman of Board of Directors shall preside over the meeting of the Managing Committee.
9. The Chairman shall preside over the meeting of the Managing Committee. In absence of Chairman, the Vice-Chairman shall preside over the meeting.

10. Meeting of the Managing Committee

10.1 Meeting of the Managing Committee shall take place at least once in every three months.

10.2 The meeting of the Managing Committee can be convened any time by the Chairman/Vice Chairman after giving seven days notice.

11. Quorum

11.1 At least eight members of the Managing Committee present shall form the quorum.

11.2 If any meeting of the Managing Committee can not be held for want of quorum the meeting shall be adjourned and the next meeting may be held by giving a fresh notice to the members of the Managing Committee, the period of notice shall not be less than three days.

12. Function and Duties of the Managing Committee
The following among other subject, shall be dealt with by the Managing Committee.

12.1 Confirmation of the minutes of the last meeting.

12.2 Approval of the policy and programme and budget of the Agency.

12.3 Consideration of the balance sheet and annual report for the previous financial year.

12.4 To set up workshop, laboratories, manufacturing units library, computer cell for work evaluation under the Agency.

12.5 To delegate any of the financial and executive power to Managing Director or any other officer of the Agency.

12.6 The existing posts transferred from the state Govt. shall be born on the roll of the Agency. Additional posts as an when required shall be created by the Agency in its regular meeting with the concurrence of the Bureau of the Public Enterprises. The appointment shall be made by the Agency but with the concurrence of the Bureau of Public Enterprises for all scales of pay minimum 1510/- or less per month will be made by the Agency on its own subject to the condition that posts have been created with the concurrence of Bureau of Public Enterprises.

12.7 To decide service condition, pay structure of employee of the Agency on the same terms and conditions prevailing in the state Government.

12.8 To consider any other business brought forward by or with the consent of the Chairman.

12.9 The Managing Committee shall have power to approve absorption of officers and staff already working in the Agency on Deputation basis as per clause-2.15.

13. Voting Rights
Each member shall have one vote by virtue of the ordinary.

14. Proceedings of the Meeting
All matters before meeting shall be decided in the form of resolution passed by majority of votes of the members present unless a specific majority relating to any matters under the Act, Rules, Bylaws of the Agency is required. In case of equality of votes, the Chairman of the meeting shall have a casting or second vote. The minutes of the proceeding of all meeting shall be recorded in a book/register to be kept for the purposes and minutes shall be signed by the person presiding the meeting as well as by the Director of the Agency.

15. The members of the Agency or any body appointed by the Agency shall not be entitled to any remuneration from the Agency. However they shall be entitled0 to reimbursement of such remuneration as allowed by the State Govt. for attending the meeting besides payment of expenditure on travelling conveyance etc. attending the meeting of the Agency.
16. Non of the bye-laws here in contained shall be altered or no bye-laws shall be added except by vote of majority consisting of at least two third of the members of the Managing Committee. The notice convening the meeting shall especially mention the proposed alteration, addition or recession. The amendment shall not take effect until it is approved by the I.G, Registration, Govt. of Jharkhand, Ranchi.
17. In case of urgency when a particular decision can not wait till the Managing Committee meets and in the opinion or Chairman/ Vice Chairman, it is necessary to take decision by the Managing Committee, the decision may be carried out by circulation among at least held of the members of the Managing Committee and resolution so approved by the member duly signed shall be considered effective and binding as if such resolution had been passed at the meeting of the Managing Committee.
18. Responsibilities and Duties of the Chairman/Vice-Chairman

18.1 The Chairman /Vice Chairman shall preside over all the meetings of the Managing Committee. In the absence of the Chairman, the Vice Chairman shall preside.

18.2 Chairman/Vice Chairman shall have the power to convene the meeting of the Managing Committee.

18.3 Chairman/Vice Chairman shall have power to call for reports relating to any activities of the Agency.

18.4 Chairman/Vice Chairman can direct any matter for placement in the meeting of the Managing Committee.

19. DIRECTOR
The Director will be the chief Executive officer of the agency. In addition to the powers mentioned as under, the Managing committee may be resolution vest in the Director further financial and executive powers and such powers may be made exercisable for such period or periods can upon such condition and subject to such restriction as it may determine.

19.1 The Director shall have day to day general control over administration on, supervision and management of the affairs of the Agency.

19.2 The Director and the controller of finance receive all money and securities on behalf of the Agency and make arrangements for the proper and safe custody of cash and other properties of the Agency.

19.3 The Director and the controller of finance shall jointly endorse and transfer promissory notes Govt. and other securities and to endorse, negotiate cheques and other negotiable instruments on behalf on Agency.
19.4 The Director and the controller of finance shall sign all receipts.

19.5 The Director and the controller of finance shall jointly sign all bonds and agreements in favour of the Agency.

19.6 The Director with concurrence of the Managing Committee shall determine the power duties and responsibilities of the employees of the Agency.

19.7 The Director with approval of the Managing Committee shall institute, conduct, defend or abandon any suit or legal proceedings by or agulunt the Agency or other wise and also to compound and allow time for payment of any claim or demand by or against the Agency.

19.8 The Director and Controller for Finance shall be jointly registers of the business of the Agency.

19.9 The Director and controller of finance shall be jointly responsible of maintenance of all books, accounts and registers of the business of the Agency.

19.10 The Director shall have the power to exercise full control over officers and staff including controller of finance and transfer of officer and staff of the rank of junior engineer and below.

19.11 In case of urgency when the matter can not wait till the next meeting of the Managing Committee, the Director will obtain order of the Chairman through vice Chairman for taking action in anticipation of approval of the Managing Committee. The approval of the Managing Committee shall be obtained in all such matters in the next meeting of the Managing Committee.

20. The Director shall be appointed by the State Government who shall be an officer of an IAS of the State Government not below the rank of Deputy Development Commissioner or any technical officer of repute having a minimum experience of 5 years in the field of renewable energy.

21. Responsibilities and Duties of the Project Director
21.1 Project Director shall be appointed by the Managing Committee of the Agency with the approval of the State Govt.

21.2 The minimum qualification for Project Director shall be degree an engineering with minimum of three years experience in the field of Renewable Energy and related fields.

21.3 He shall assist the Director in programme formulation, implementation and all project related work of the Agencies and perform such duties as delegated to him from time to time by the Managing Committee.

22. Accounts and Records
22.1 The account of the Agency shall be audited by Chartered Accountant to be appointed by the Agency. These shall be subject to a second audit by the comptroller and Auditor General of India or his authorised, Chartered Accountant.

22.2 The Agency shall maintain its account in a nationalised bank or as directed by the Govt. It shall be operated jointly by the Director and Project Director of the Agency

22.3 The financial year of the Agency shall be form 1st April to 31st March.

23. The Agency shall submit annual accounts and progress reports to the State Govt. every year by June end.

24. Nothing herein shall exempt the Chairman, the Director or any other office bearer of the Agency from any criminal liability under the Act or entitled him to claim any contribution from the property of the Agency, in respect of any fine paid by him on conviction by criminal court. Every member of the Agency may be sued or prosecuted by the Agency for any loss or damage caused to the Agency or its property for any thing done by him detrimental to the interest of the Agency.

25.1 No suit proceeding shall abate by reason of any vacancy or damage in the holder of the office by the Chairman / Vice Chairman/ Director/ Project Director or any office bearer authorised in this behalf.

25.2 Every decree or order against the Agency in suit or proceedings shall be executable against the property of the Agency and not against the person or the property of the Chairman / Vice-Chairman /Director/ Project Director or any office bearer of the Agency.
26. Record of the Agency
The following records shall be maintained at the office of the Agency:
 Register for recording minutes of the proceedings of the meeting.
 Stock Register
 Cash Book.

27. The Dissolution and disposal of the property of the Agency.
The Dissolution of the Agency be done in accordance with the provisions contained in the close 13-14 of the Societies Registration Act 1860 and all the assets and liabilities shall return to the State Government.
Certified that this is the true copy of Rules and Regulation of the Society.

Sd/- Secretary Sd/- Member Sd/- Member

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