Bihar Agricultural and Rural Area Development Agency Act, 1978
No: 3 Dated: Mar, 05 1979
Bihar Agricultural and Rural Area Development Agency Act, 1978
Bihar Act 3 of 1979
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Agricultural and Rural Area Development Agency Act, 1978.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date and in such areas, as the State Government may, by notification in the Official Gazette, appoint and it may appoint different dates or different areas and for different provisions.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(i) "Command areas of Irrigation Project" means the area notified as such by the State Government.
(ii) "Agency" means the Agency notified under section 3.
(iii) "Board" means the Board constituted under section 4.
(iv) "Adhyaksha of Zila Parishad" means the Adhyaksha as defined in Chapter I of the Bihar Panchayat Samitis and Zila Parishads Act, 1961* (Bihar Act VI of 1962).
(v) "Bank" means-
(a) a banking company as defined in the Banking Regulation Act, 1949;
(b) the State Bank of India constituted under the State Bank of India Act, 1956;
(c) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; and
(d) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.
(vi) "Financial Institutions" means financial institution engaged in financing agricultural, animal husbandry, agro-industries and allied activities.
(vii) "Financial Year" means the year commencing on the 1st day of April.
(viii) "Prescribed" means prescribed by rules made under section 31.
(ix) "Rules" means rules made under section 38 by the State Government.
(x) "Regulations" means regulations made by the Board under section 39.
3. Constitution of the Agency. - (1) The State Government may at any time after the commencement of this Act constitute an Agency or Agencies for the integrated rural and agricultural development of the command area of any irrigation project and/or such other area as the State Government may, by notification in the Official Gazette, specify :
Provided that the State Government may, by notification in the Official Gazette include at any subsequent stage, any area within the Agency so declared; or exclude any area from any such Agency or transfer any area from one Agency to another.
(2) The name and composition of any such Agency constituted under sub-section (1) shall be specified in the notification.
(3) The Agency shall be a body corporate having perpetual succession and a common seal, with powers, subject to the provision of this Act to acquire, hold, dispose of property and to contract, and it may sue or be sued by its own name and title.
(4) The headquarters of the Agency shall be situated at such place in the area of Agency as the Agency may by notification in the Official Gazette, specify.
4. The Board. - (1) For every Agency set up under section 3 of this Act, the State Government shall by notification published in the Official Gazette, constitute a Board consisting of the following:-
(a) Chairman;
(b) Adhyaksha of each Zila Parishad falling within the area of operation of the Agency;
(c) A representative of the Chotanagpur and Santhal Parganas Autonomous Development Authority where the Agency lies in its area of operation;
(d) Two farmers from within the area of operation of the Agency and Four members of Legislature-three from Legislative Assembly and one from Legislative Council;
(e) The Chief Engineer, Irrigation or the Chief Engineer-in-charge of the project;
(f) Not more than three officers of the State Government excluding those officers nominated under other sub-sections of this section;
(g) One representative of the State Water Resources Development Board;
(h) Chairman, *Bihar State Electricity Board or his nominee or;
(i) One representative of the Co-operative Institutions:
(j) Two representatives of the Commercial Banks and other financial institutions operating in the area:
(k) A representative of the †Rajendra Agricultural University;
(l) The Financial Adviser and Chief Accounts officer of Agency.
(m) Managing Director of the Agency:
Provided that the total number of members of the Board shall not at any time exceed twenty five.
(2) The Chairman and the Managing Director of the Board shall be appointed by the State Government who shall hold the post at the pleasure of the Government and the State Government shall prescribe the terms and conditions.
(3) Members other than ex-officio members of the Board shall hold office at the pleasure of the State Government.
(4) The executive authority of the Agency shall vest in the Board.
(5) The Board shall meet at least once in every three months and the meetings shall be conducted in the manner prescribed by the rules.