Govt. Of WB Dept. Of  Forest Facebook

WEST  BENGAL  ZOO  AUTHORITY

 

Regulations

 

            1.       Title :- These regulations may be called the Regulations of West Bengal zoo Authority.

 

         2.         Definitions :-  In these regulations, unless the context otherwise requires,

(a)     "accounting year" means an accounting year of the Authority, being the period commencing from the 1st April of the year to the 31st March of next following year, and includes a part thereof, being the period commencing from the day of coming into existence of the Authority to the next following day of 31st March;

(b)    "Act" means the West Bengal Societies Registration Act, 1961;

(c)     "act" includes an omission;

(d)    "annual report", used with reference to an accounting year, means the annual report on the working of the Authority for that accounting year;

(e)     "Authority" means the West Bengal Zoo Authority and includes the zoos under its administration;

(f)     "balance sheet" means a balance sheet of the Authority;

(g)     "body'' includes a committee or sub-committee, as the case may be;

(h)    "books of account" means the books of account of the Authority;

(i)      "Chairman" means the Chairman of the Authority;

(j)      "Chairman of such meeting", used with reference to a meeting of the Authority, means the member who presides over that meeting;

(k)     "chartered accountant" means a person as such within the meaning of the Chartered Accountants Act, 1949;

(l)      "common seal" means the common seal of the Authority;

(m)   "ex-officio member" includes the officer nominated as a member under clause (k) of sub-regulation (1) of regulation 3;

(n)    "general meeting of the members" means an annual general meeting of the members or a special general meeting of the members;

(o)    "Governing Board" means the Governing Board of the Authority;

 

 

 

 

 

Contd. P/2.

                                                                [ 2 ]

 

 

            (p)    "meeting of the Authority" means a -

                    

                     (i)       meeting of the Governing Board,

                     (ii)      special meeting  of the Governing Board, or

                     (iii)     general meeting of the members;

            (q)    "meeting of the Governing Board" does not include a special                               meeting of the Governing Board;

            (r)     "member" means a member of the Authority;

            (s)     "memorandum" means the memorandum of association of the                            Authority;

            (t)     "nominated"  means nominated by a notification;

            (u)    "officer of the Authority" includes a member;

            (v)     "registered office" means the registered office of the Authority;

            (w)    "regulation" means a regulation of these regulations;

(x)     "Secretary" means the Secretary of the Authority;

(y)     "society" means a society registered or deemed to have been      registered under the Act;

(z)     "sub-regulation" means a sub-regulation of the regulation in which        the word  occurs;

(za)   "total strength of the members of the Governing Board, if there is no vacancy in the membership of the Authority;

(zb)   "Vice-Chairman" means the Vice Chairman of the Authority;

(zc)   "zoo" includes a deer park, rescue centre or safari park.

 

3.   Membership : - (1)  The membership of the Authority shall consist of

 

(a)     the Chief Secretary to the Government of West Bengal,

 

(b)    the Secretary to the Government of West Bengal, Department     of         Forests,

(c)     the Secretary to the Government of West Bengal, Finance            Department,

(d)    the Principal Chief Conservator of Forests, West Bengal,

(e)     the Principal Chief Conservator of Forests (Wildlife) and Chief

          Wildlife Warden, West Bengal,

(f)     the Member-Secretary, Central Zoo Authority, New Delhi,

(g)     the Director of Animal Health & Veterinary Services, Animal        Resources Development, Government of West Bengal,

                                                            Contd. P/3.

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(h)    the Director, Zoological Garden, Alipore, Kolkata,

(i)      the Director, Padmaja Naidu Himalayan Zoological Park, Darjeeling,

(j)      the Conservator of Forests (Headquarters-Wildlife), West Bengal,

(k)     an officer belonging to the Indian Forest Service, not below the rank     of   the   Conservator   of   Forests,  nominated  as  member  by  the       Government of West Bengal,

(l)      a representative of an NGO from the North of West Bengal          nominated as member by the Government of West Bengal,

(m)   a representative of an NGO from the South of West Bengal          nominated as member by the Government of West Bengal,

(n)    a person from the North of West Bengal nominated as member by        the Government of West Bengal, and

(o)    a person from the South of West Bengal nominated as member by         the Government of West Bengal.

 

            (2)(a) The officer nominated as a member under clause (k) of sub-regulation (1) shall hold the office of member for such term as the Government of West Bengal may specify.

            (b)     A member other than an ex-officio member shall hold the office of member for a term of three years;

                     Provided that he may, by writing under his hand addressed to the Government of West Bengal, resign the office of member.

            (3)     A member may be terminated, by notification, from the office of member by the Government of West Bengal on account of -

            (a)     unsoundness of mind,

            (b)     insolvency,

            (c)     conviction by a Court of law.

            (d)     commission of an act involving moral turpitude, or

            (e)     involvement in any act detrimental to the objectives specified in the                   memorandum.

            (4)     Notwithstanding anything contained in sub-regulation (2), every member shall hold the office of member during the pleasure of the Government of West Bengal shall have the power to remove, by notification, any member from the office of member at any time.

           

             Contd. P/4.

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            4.      Rights of members :-    Every member shall have the right -

            (a)     to inspect, upon giving due notice to the Secretary, any register or book, including any of the registers or books comprising the books of account, of the Authority at the place where  it is available for inspection or, as the case may be, usually kept,

            (b)     to submit agenda for consideration in any meeting of the Authority,

            (c)     to be present and cast a vote in any  meeting of  the  Authority, and

            (d)     to require the Secretary to convene, subject to the provisions contained in sub-regulation (1) of regulation 10, a meeting  of the Authority for transacting a particular place  or some particular places of business in such meeting.

 

            5.      Composition of Governing Board :- (1) There shall be a Governing Board comprising, subject to the provisions contained in sub-regulation (3), all the members.

            (2)(a) The member mentioned in clause (a) of sub-regulation (1) of regulation 3 shall hold the office of Chairman.

            (b)       The member mentioned in clause (b) of sub-regulation (1) of regulation 3 shall hold the office of Vice Chairman.

            (c)     The officer nominated as a member under clause (k) of sub-regulation (1) of regulation 3 shall hold the office of Secretary :

            Provided that, until the officer is so nominated, the member mentioned in clause (j) of sub-regulation (1) of regulation 3 shall hold the office of Secretary.

 

            (3)     Upon nomination of an officer as a member under clause (k) of sub-regulation (1) of regulation 3, the member mentioned in clause (j) of sub-regulation (1) of regulation 3 shall cease to be a member of the Governing Board.

 

            6.      Chairman :-  The Chairman shall have general superintendence over the functions of the Secretary, subject to the overall direction, control and superintendent of the Governing Board.

 

            7.      Vice Chairman :-  (1) The Vice Chairman shall assist the Chairman in discharge of his duties.

            (2)     In absence of the Chairman, the Vice Chairman shall have the powers, and discharge the duties, of the Chairman.      

 

Contd. P/5.

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            8.      Secretary :- (1) The Secretary shall be directly responsible for the management of the affairs of the Authority, subject to the overall direction, control and superintendent of the Governing Board.

 

            (2)     The Secretary shall have such further duties, responsibilities and powers as  may, from time to time, be entrusted to or conferred upon him by the Governing Board.

 

            9.      Powers of Governing Board :- (1)  The overall administration of the Authority shall vest in the Governing Board and the Governing Board shall have all the necessary powers for that purpose, including the powers necessary or proper for the achievement and the furtherance of the objectives specified in the memorandum.

 

            (2)     Without prejudice to anything contained in sub-regulation (1), the Governing Board shall have the power -

            (a)     to manage all    affairs,   funds   and   properties   belonging to the                     Authority,

            (b)    to sanction posts and appoint employees of the Authority and regulate the terms and conditions of their services, subject to the condition that the terms and conditions of service of the employees already in service on the day of coming into existence of the Authority shall not be altered or varied to their disadvantage, except with their consent,

                                 (c)     to negotiate, enter into and execute agreement and contracts for and on behalf of the Authority and alter, vary, rescind or terminate such agreements and contracts,

            (d)     to borrow or raise money for the purposes of the Authority, with                      prior approval of the Government of West Bengal, upon bonds,                                 debentures, promissory notes and other obligations or securities of                      the Authority or by mortgage, charge, hypothecation or pledge of             any property belonging to the Authority,

            (e)     to acquire, by purchase, exchange,   gift,  lease, hire or   otherwise                     from the Government or other public bodies or private individuals,                    moveable or immovable properties for the purposes of the Authority                   with no attendant obligation or with such attendant obligation or                    with such attendant obligation as   is  not   inconsistent   with the                  objectives specified in the memorandum.

            Contd. P/6

 

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            (f)        to exchange,   sell  out,  gift out, lease out,  let out  or   otherwise                      dispose of or alternating any property, in part or whole, belonging                        to the Authority.

                        (g)       to appoint or engage any advisory or expert body or other body for              such purposes of the Authority as the Governing Board may deem               fit and also to alter, vary, rescind or  terminate  appointment or                   engagement of such body or  to  dissolve  such  body,

                        (h)       to institute, conduct defend, compromise, compound or abandon                    any  suit  or  legal  proceeding  by  or  against  the  Authority,

                        (i)        to make bye-laws, not being inconsistent with the provisions of                        these regulations, for efficient disposal  of  the  functions of  the                     Authority, including for regulating the procedure of the working of                      various bodies working under  the  Authority,  and  for  matters                        connected therewith or incidental thereto,

                        (j)        to do all such acts and things as are incidental or conducive to the       achievement of the objectives specified in the memorandum, and

                        (k)       to do such other acts and things, not being inconsistent with the                      provisions of these regulations, as may be considered proper to be                        done by the Governing Board.

 

                        (3)       Notwithstanding anything contained in sub-regulation (1) or (2), prior approval of the Government of West Bengal shall be obtained by the Authority in the following cases :

                        (a)       sanctioning posts and appointing employees of the Authority and                    regulating  the  terms and  conditions  of  their  services, and

                        (b)       exchanging, selling  out, gifting  out,  leasing  out,  letting out  or                       otherwise disposing of or alternating any property, in part or         whole,                         belonging to the Authority.

 

                        (4)       Notwithstanding anything contained in sub-regulation (1), (2) or (3), the Governing Board shall reserve for the decision of the Government of West Bengal any proposal which is, in its opinion, of such nature or importance as requiring the decision of the Government of West Bengal.

 

                        Contd. P/7

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                        (5)       Subject to the provisions contained in sub-regulations (3) and (4), the Governing Board may, from time to time, entrust to or confer upon anybody

                        or the Secretary or other officer of the Authority such of its administrative, financial and other powers as it deems fit for the proper administration of the Authority.  Such body or the Secretary, or other officer of the Authority may, subject to the directions, if any, of the Governing Board, further delegate any of those powers, in so far as they relate to the matters of general administration or matters otherwise requiring the delegation, to such other body or such officer of the Authority as may be specified by such body or the Secretary or other officer of the Authority, as the case may be :

                                    Provided that the Governing Board or such body or the Secretary or other officer of the Authority may specify the limits within which those powers are to be exercised and may, from time to time, also issue directions in the matter of exercise of those powers.

 

                        (10)    Meeting of Governing Board :-  (1) (a) Meeting of the Governing Board shall be held at least twice in a year.

                        (b)       Such meeting shall be held at such place, date and time as the Chairman may, from to time to time, appoint.

                        (c)        The Secretary shall seek direction from the Chairman as to the place, date and time so appointed and shall, accordingly, convene such meeting.

 

                        (2)       Notice of every meeting of the Governing Board setting out therein the business to be transacted in such meeting shall be given to every member of the Governing Board by leaving the same at, or sending the same to, the last known address of such member at least seven days  before such meeting.

 

 

                        (3)       Not less than half of the total strength of the members of the Governing Board shall constitute the quorum for a meeting of the Governing Board.  If no quorum is present within one hour of the appointed time of the meeting of the Governing Board, the same shall be adjourned and a subsequent meeting of the Governing Board may, at such place, date and time as the Chairman may  appoint,  be   convened on the  basis  of   the  same

 

 

Contd.P/8

 

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                        agenda by giving a further notice left at, or sent to, the last known address of every member of the Governing Board at least three days before such subsequent meeting.

 

 

            (4)       The Chairman or, in his absence in the meeting of the Governing         Board, the Vice Chairman or, in absence of the both in such meeting, a   member of the Governing Board, elected by the member of the Governing    Board present at such meeting from amongst themselves, shall preside over             such meeting.

           

            (5)(a)  In case there is a difference amongst the members of the Governing   Board over any place of business being transacted in any meeting of the            Governing Board, the majority shall prevail.

            (b)       Each member of the Governing Board, including the Chairman,            present at the meeting of the Governing Board shall have one vote and, if       there shall be an equality of votes on any question, the Chairman of such       meeting shall have a casting vote.

            (c)       The votes may, subject to the direction of the Chairman of such           meeting, be cast in any of the following manners :-

            (i)        voice vote,

            (ii)       raising hands or raising in the places, and

            (iii)      ballots.

 

            (6)       The Secretary shall record the minutes of every meeting of the            Governing Board, or cause the same to be recorded, in a register kept for this      purpose and the Chairman of such meeting shall sign the same.  This register            shall, except on the day on which a meeting of the Authority is to be held, be    available at the registered office for inspection by any member at any time             during the working hours of the registered office who may, upon due notice             to the Secretary, inspect the same.

            Explanation - For the purposes of this sub-regulation, "register" means a        Register pages of which are serially numbered and which is pre-certified by        the Chairman as to the number of pages contained therein.

 

            Contd. P/9.

[ 9 ]

 

            (7)       Notwithstanding anything contained in sub-regulation (2) or (3), the   proceedings of a meeting of the Governing Board shall not be invalidated by      reason of -

            (a)       any unintentional omission to give the notice of such meeting to any   member of the Governing Board,

            (b)       any unintentional lapse by reason of leaving such notice at, or sending           the same to, an address other than the last known address of a member of the Governing Board,

            (c)       such notice being left at, or sent to, the last known address of a            member of the Governing Board less than seven days or three days, as the      case may be, before such meeting.

            (d)       non-receipt of such notice by any member of the Governing Board,

 

            (e)       any place of business transacted in such meeting not being set out in such notice, or

            (f)        any other irregularity respecting giving such notice or setting out  in such notice any place of business to be transacted in such meeting.

 

            (8)       Notwithstanding anything contained in sub-regulation (6), the proceedings of a meeting of the Governing Board shall not be invalidated by         reason of any irregularity respecting the recording of such minutes.

 

            (9)       No proceedings of a meeting of the Governing Board shall be invalid by reason of any vacancy in the membership of the Authority.

 

            (10)     The Chairman may direct the Secretary to convene, or may convene, a           special meeting of the Governing Board for considering therein any place of business involving a matter of special importance or of urgent nature.

 

            (11)(a) The provisions contained in sub-regulations (2) to (9) in respect of   the meeting of the Governing Board shall apply mutatis mutandis to a special        meeting of the Governing Board.         

            (b)       Notwithstanding anything contained in this sub-regulation, a special   meeting of the Governing Board or , in case the same is adjourned for want of           quorum, a subsequent special meeting of the Governing Board may be   convened by giving an immediate notice, verbally or otherwise.

 

            Contd.P/10.

[ 10 ]

 

            11.      Books of Account and Audit :- (1)The funds and the properties,       moveable and immovable, belonging to the Authority shall vest in the Governing Board.

 

            (2)       The funds and the properties, moveable and immovable, belonging to            the Authority shall be in the safe custody of the Secretary or any other officer     of the Authority authorised by the Governing Board.

 

            (3)       The funds of the Authority shall consist of, amongst others -

            (a)       the grants and the donations received from the Government,                           public bodies, private individuals and other sources,

            (b)       the entry fees and other moneys received by the zoos under its                                   administration,

            (c)       the sale proceeds arising out of its non-profit  seeking  business                      in living and dead funds of all kinds of skins, horns and other                                     animal products, and

            (d)       the profits and the proceeds arising out of its properties.

 

            (4)(a)  The Authority shall keep at the registered office proper books of        account in which shall be entered accurately -

            (i)        all sums of money received and the source thereof and all sums of      money expended by the Authority and the object or purpose for which such       sums are expended, and

            (ii)       the assets and liabilities of the Authority.

            (b)       The books of account shall be available at the registered office for      inspection by any member at any time during the working hours of the     registered office who may, upon due notice to the Secretary, inspect the     same.

 

            (5)       All moneys received by or on behalf of the Authority shall be paid in one or more accounts opened in the name of the Authority with one or more          nationalised banks, subject  to the directions issued, from time to time, by the           Governing Board, and no money shall be withdrawn therefrom, except     according to the directions issued, from time to time, by the Governing             Board.

 

            Contd.P/11

 

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            (6)       The moneys of the Authority shall be invested in such manner as may,           from time to time, be directed by the Governing Board.

 

            (7)       The books of account of every accounting year shall be audited by a   Chartered Accountant appointed as the auditor, and the balance sheet of every accounting year shall be prepared by him, within three months from the date of explanation of such accounting year.  The auditor shall also     submit to the Authority a report showing the exact state of the financial         affairs of the Authority.  Three copies of the balance sheet and the auditor's            report shall be certified by the auditor.

 

            12.      General meeting of members :-  (1)(a) Annual General Meeting of   the members shall be held every year within four months from the date of             expiration of the accounting year of the Authority to transact the following             places of business :-

            (i)        to accept the annual report of such accounting year by the                               Secretary for and on behalf of the Governing Board,

            (ii)       to pass the balance sheet, and to accept the auditor's report, of                                    such accounting year,

            (iii)      to pass annual programme of activities of the Authority for the                                    current accounting year,

            (iv)      to pass annual statement of the estimated receipts and                                      expenditure of the Authority for the current accounting year,

            (v)       to appoint a Chartered Accountant as the auditor for the current                     accounting year and fix his remuneration, and

            (vi)      to transact any other place of business which may be considered                    proper to be so transacted.   

            (b)       Not more than fifteen months shall elapse between two successive      annual general meetings of the members.

           

            (2)       Special General Meeting of the members may be held at any time to    transact any of following places of business :-

            (a)       to pass annual programme of activities of the Authority for the first                           accounting year,

 

Contd. P/12

 

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            (b)       to pass annual statement of the estimated receipts and expenditure of                        the Authority for the first accounting year,

            (c)       to appoint a Chartered Accountant as the auditor for the first                           accounting year and fix his remuneration,

            (d)       to pass any proposal for alteration of the memorandum or these                    regulations,           

            (e)       to pass any proposal for amalgamation of the Authority with any                    other society or dissolution of the Authority, and         

            (f)        to transact any other place of business which may be considered                    proper to be so transacted.

 

            (3)       The provisions contained in regulation 10 in respect of the meeting of           the Governing Board, except the provision relating to the number of times in      a year such meeting is to be held, shall apply mutatis mutandis to a general           meeting of the members.

 

            (4)       Notwithstanding anything contained in these regulations :-

            (a)       no proposal for alteration of the memorandum of these regulations or                      for amalgamation of the   Authority   with any   other  society or                dissolution of   the   Authority  shall be transacted as   a place of               business in a special general meeting of the members, unless such                meeting has been convened specifically for that purpose,

            (b)       not less than three-fourth of the members shall constitute the quorum                       for such meeting, and

            (c)       no such proposal shall be deemed  to have been  passed in such                      meeting, unless such proposal has been passed with the votes of at                    least    three-fourth of the members.

 

            13.      Register of members :- (1) The Authority shall maintain a register of            members at the registered office mentioning therein all the relevant details,            including -

            (a)       address and occupation of every member,

           

 

            Contd.P/13

 

 

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            (b)(i)   date from which he, being a member other   than    the member                       nominated under clause (k), (l), (m),  (n) or (o) of sub-regulation (1)                      of regulation 3, become the member, or

            (ii)       date from which he, being a member nominated under clause (k),                   (l), (m),  (n) or (o) of  sub-regulation  (1)   of   regulation 3, is so                   nominated (and number and date of the relevant notification),

            (c)(i)   date till which   he,   being  a  member  other  than  the  member                      nominated under clause (k), (l), (m), (n) or (o) of sub-regulation (1)                       of regulation 3, continued to hold the office of member, or

                                                                                 

            (ii)       date on which he, being a member nominated under clause (k), of                   sub-regulation (1) of regulation 3, is to complete        the term of the office                        of member, or

            (iii)      date on which he, being a member nominated  under  clause (l),                      (m), (n) or (o)of sub-regulation (1) of regulation 3, is to complete the                    term of the office of member and date till which he continued to hold                       the office of member, and

            (d)       date  on  which he was terminated or removed, if terminated or                      removed, as the case may be,  from  the  office  of  member (and                   number and date of the relevant notification).

 

            (2)       The register of members shall be available at the registered office for            inspection by any member at any time during the working hours of the     registered office who may, upon due notice to the Secretary, inspect the             same.

 

            14.      Common Seal :- (1) The Governing Board shall provide a common    seal and shall have the power, from time to time, to destroy  the  same and             substitute a new common seal in lieu thereof.

 

            (2)       The common seal shall be in the custody of the Secretary or any other           officer of the Authority authorised by the Governing Board.

 

            15.      Representation :- (1)  The Authority shall have its name mentioned in all documents executed in its favour or for and on its behalf.

 

                        Contd. P/14.

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            (2)       Notwithstanding anything contained in sub-regulation (1) of    regulation 11, all properties belonging to the Authority shall be referred to as    the properties of the Authority.

 

            (3)       All contracts and assurances of property made for and on behalf of the         Authority shall be executed by the Secretary or any other officer of the   Authority authorised by the Governing Board and shall be affixed with the            common seal.

 

            (4)(a)  Every suit or legal proceeding by or against the Authority shall be       filed and prosecuted in the name of the Secretary or any other officer of the     Authority authorised by the Governing Board.

            (b)       Every decree or order against the Authority in any suit or legal           proceeding shall be executable against the properties belonging to the    Authority and not against the person or property of any officer of the          Authority or any member.

 

            16.      Furnishing of Information etc. :- (1) The Secretary shall furnish to the Government of West Bengal at such time and in such manner as the      Government of West Bengal may direct such information, facts and          particulars in respect of any matter or activity of the Authority as the             Government of West Bengal may, from time to time, direct.

 

            (2)       The Secretary shall forward a copy of the annual report of every        accounting year accepted in the annual general meeting of the members,            along with -

            (a)       the balance sheet passed, and

            (b)       the auditor's report accepted,

            in the annual general meeting of the members, to the Government of West    Bengal, as soon as may be after it is so accepted.

 

            17.      Power to make bye-laws :- (1) The Governing Board may, by            notification, make bye-laws, not being inconsistent with the provisions of these regulations, for carrying out the purpose of these regulations.

 

 

            Contd. P/15.

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            (2)       Without prejudice to anything contained in sub-regulation (1), such    bye-laws may provide for all or any of the following matters :-

            (a)       the officers of the Authority who are to perform the functions which              are specified in  these regulations to   be   performed not by any                particular officer of the Authority and the manner of performing such                      functions where such manner is not provided for in these regulations,

            (b)       any matter which&