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State of Bihar - Section
Section 40 in Bihar State Disaster Management Authority (Functions and Management) Rules, 2012
40. Powers to make Regulation.
- The Authority may make appropriate regulations in order to achieve the aims and objectives of the Authority.Appendix I(A)1. Natural Disaster DivisionRoles and Functions• To create awareness about the hazards in Bihar and what the people could do for their own safeguards.• Sensitization of various stake holders towards taking prior action so as to minimize the hazard impact.• To devote attention to the safety of schools and hospitals/ dispensaries in rural as well as in urban areas.• To introduce modifications in the building bylaws of municipal corporation, municipal councils and Nagar Panchayats and to empower them for effective enforcement of the bylaws.• To sensitize and empower the Zila Panchayats and gram sabhas with regard to the occurrence of natural disasters and to provide them simple guidelines for the personal safety of their residential quarters• To ensure that all new constructions are carried out with disaster resistant design and good quality of materials and technologies• To carry out assessment of safety of existing constructions mainly buildings, bridges, dams etc, under various natural disasters and to develop methodology for their retrofitting so as to achieve safety against total collapse or severe damages.• Proper disaster management including disaster risk reduction will require generation of damage scenarios under simulated disasters occurrences.• To assist in carrying out capacity building of various stake holders to mitigate the impact of all natural hazards.• To disseminate the relevant guidelines issued by NDMA and take steps for their implementation in the state.• To introduce appropriate modifications, wherever necessary, in preparing the building bye laws of urban local bodies and to implement them accordingly.Appendix I (contd)(B)2. Environment & Climate Change Adaptation (CCA) Division Roles & Functions• To create awareness of relevant issues and emerging trends relating to Environment & Climate Change Adaption.• To highlight the challenges posed to Bihar's economy both now and in future.• To develop and demonstrate systematic diagnosis of climate related problems and design of cost effective measures.• To carryout sensitization of various stakeholders namely government officers in various ministries and departments of the Government for capacity building.• To sensitize personnel in PSUs and other undertakings, NGOs, civil society etc, for capacity building.• To carry out studies on issues relevant to ecology and CCA in Bihar.• To promote inclusion of relevant issues themes in educational courses.• To analyze recurrent drought conditions in Bihar and work out possible mitigation measures keeping in view climate change trends and appropriate strategies for adaptation measures.Appendix I (contd)(C)3. Human Resource Development and Capacity Building Division Roles and Functions For achieving mitigation and preparedness of various hazards (Natural and Human Induced) the following activities will be carried out:• To capacity building, to target the various stakeholders firstly government officers in various ministries and department of the Government will be targeted for capacity building.• To outreach the Architects, Engineers, Medical Doctors, Educationists, Industrialists, Builders and Contractors, etc, so to give education and training in vulnerability assessment, risk analysis and various components of Disaster Management.• To prepare appropriate strategy for achieving the desired results.• To prepare the necessary curricula for appropriate education and training of manpower at various levels.• To help in creating institutional facilities for training of trainers and execution of the educational and training programmes.• To target not only for training all those in position already, but also and those who will be joining the services under the Government, various undertakings or non government organizations in a continuing way.AppendixI (contd)(D)4. Human Induced Disaster Division Roles and Functions• To create awareness about the hazards in Bihar and what the people could do for their own safeguards.• To undertake sensitization of various stake holders towards taking prior action so as to minimize the hazard impact.• To devote attention to the safety of schools and hospitals/ dispensaries in rural as well as in urban areas.• To introduce modifications in the building bylaws of municipal corporation, municipal councils and Nagar Panchayats and to empower them for effective enforcement of the bylaws.• To sensitize and empower the Zila Panchayats and Gram sabhas with regard to the occurrence of human induced disasters and to provide them simple guidelines for the personal safety of their residential /official quarters.• To create and develop damage scenarios under simulated condition for analysis and planning.• To assist in carrying out capacity building of various stake holders to mitigate the impact of all human induced hazards.• To disseminate the relevant guidelines issued by NDMA and take steps for their implementation in the state.Appendix I (contd)(E)5. Administration and Finance Division Roles and Functions• To carry out matters pertaining to day to day administration / establishment and finance• To undertake measures to improve the administrative and financial functioning of the Authority.Appendix IIStatutory posts in BSDMA| Sl. No. | Designation 2 | No. of Posts 3 | Nature 4 | Emoluments 5 | Qualification 6 |
| 1 | Chairperson | 01 | Statutory | Not Applicable | Chief Minister of the State- Ex officio. |
| 2 | Vice Chairperson | 01 | Statutory | As per concerned rules. | One member of the Authority may be nominated bythe Chairperson, as the Vice Chairperson, who shall have thestatus of a Cabinet Minister in the Govt. of Bihar. |
| 3 | Member | 07 | Statutory | As per concerned rules. | To be nominated by the Chairperson of theAuthority who shall have the status of minister of state in theGovt. of Bihar. |
| 4 | Chief Executive Officer | 01 | Statutory | Not Applicable | Chief Secretary of the State Ex OfficioChairperson of State Executive Committee of the Authority andthereby CEO |
| Sl. No. | Designation | Pay Scale | No. of post sanctioned | Remarks |
| 1. | Joint Secretary | 14300- 18300 | 01 | |
| 2. | Under Secretary | 10000- 15200 | 01 | |
| 3. | Section Officer | 6500- 10500 | 01 | |
| 4. | Assistant | 5500-9000 | 02 | |
| 5. | Personal Assistant with knowledge of Computeroperation | 5500-9000 | 10 | Two for the Vice Chairperson and one each for the SevenMembers |
| 6. | Upper Division Assistant | 4000-6000 | 01 | |
| 7. | Lower Division Assistant 3050-4590 01 | |||
| 8. | Driver | 3050-4590 | 08 | The appointment shall be made on the basis of contract as perthe notification of the Deptt. of General Administration no 2401dtd 18.07.2007 and as per the number of members appointed. |
| 9. | Orderly/ Peons | 2550-3200 | 13 | " |
| 10. | Sweeper | 2550-3200 | 01 | " |
| Category 1 | Designation 2 | No. of Posts 3 | Nature 4 | Emoluments 5 | Qualification 6 |
| A | Secretary | 01 | Deputation | 37400-67000 GP- 10000 | IAS /Bihar Administrative Service officer notbelow the rank of Spl. Secretary of the Government of Bihar. |
| A | Addl. Secretary | 01 | Deputation | 37400-67000 GP-8900 | IAS/BAS Officer of the level of Addl Secretaryto the Government of Bihar |
| A | Joint Secretary | 01 | Deputation | 37400-67000 GP-8700 | BAS Officers of J S level. |
| A | Sr. Adviser | 04 | Contract | Rs. 80,000/- per month | Master's Degree in relevant field: Engg/EarthSciences/Agriculture /Natural Sciences/Social Sciences/DisasterManagement. |
| 1.ENV & CCA | |||||
| 2.Natural Disaster. | |||||
| 3.Human Induced Disaster. | |||||
| 4.HRD,CB & training | •Working Experience: Minimum 10 yearsexperience in relevant field. | ||||
| • Experience in Armed forces/paramilitaryforces/General Administration/ State police/Fire Services etc.will be an additional value. | |||||
| A | Officer on Special Duty (O.S.D) to Vice Chairperson. | 01 | Deputation/ Contract | 37400-67000 GP-10000 (In case of retired personas per Govt. norms.) | In the rank of Special/Addl/Joint Secretary; mayalso be selected from retired government officers in the samerank. Experience in disaster management will be of additionalvalue. |
| A | Adviser/Project Officer | 04 (at any point of time) | Contract | Rs.60, 000/- per month | Same as Sr. Adviser with minimum five yearsexperience |
| 1. ENV & CC | |||||
| 2. Natural Disaster | |||||
| 3. Human Induced Disaster | |||||
| 4. HRD, CB & training. | |||||
| A | Sr. Editor/ Editor | 01 | Contract | Rs. 40,000/- 60, 000/- per month | University degree with diploma/ equivalentqualification in Mass Communication with minimum 3 yrs. ofexperience. |
| A | Sr. Adviser (Technical) | 01 | Deputation/ Contract | 37400-67000 GP-8700 | Bihar Engineering Service from WaterResources/Road Construction/ Building Construction Departmentcadre. |
| Adviser (Technical) | 01 | Deputation/ Contract | 15600-39100 GP-7600 | For contract: Minimum 10 yrs. offield/professional experience for Sr. Adviser ( Tech), Minimum 5yrs. of field/professional experience for Adviser (Tech) | |
| A | Deputy Secretary/ Under Secretary | 02 | Deputation Deputy Secretary Under Secretary | 15600-39100 GP-7600 15600-39100 GP-6600 | B.A.S/Bihar Secretariat Service officers. |
| A | i)Financial Adviser | 01 | Deputation/ contract | As per scale/ Rs.60000/-per month. | Bihar Finance Service not below the rank ofDeputy Commissioner. |
| B | ii) Accounts Officer | 01 | Deputation/ Contract | As per scale/ Rs. 45, 000/- per month | Persons having worked in the Accountant GeneralOffice with an experience of 7 years or CA/ LCWA with at least 7years experience. |
| C | iii)Accountant cum Cashier | 02 | Deputation / contract | 9300-34800 GP-4200 | B.S.S./ Retired from same rank |
| B | Sr. Research officer to Vice Chairperson and each Member | 05 | Contract | Rs.40,000/- 50,000/- per month | 1.University degree/or equivalent inEngineering/ Social/Natural/ Earth sciences /Agriculture /ScienceDisaster Management or PG from professional institute such asBusiness Management Computer Application/Mass Communication/Chartered Accountant/ Disaster Management etc . 2. Minimum 5years experience in relevant field. |
| B | Sr. Technical Assistant/Technical Assistant. | 04 | Contract | Rs30,000/- 40,000/- per month Preferably MCAwith 5 yrs. experience/ BCA with 7 years experience. | |
| B | Astt. Editor | 01 | Contract | Rs 30,000/- 40,000/-per month | University degree with diploma/ equivalentqualification in Mass Communication with minimum 1 year ofexperience. |
| B | Public Relations Officer | 01 | Contract | Rs 30,000/- 40,000/-per month | University degree with diploma/ equivalentqualification in Mass Communication with minimum 1 year ofexperience. |
| B | Project Associate /Research Associate | 04 | Contract Rs.20,000/- 30,000/- per month | University degree/or equivalent in Engineering/Social/Natural/ Earth Sciences/Agriculture/Disaster Management orPG from professional institutes such as Business Management/Computer Application/ Mass Communication / Chartered Accountant/Disaster Management etc . | |
| C | Section Officer | 02 | Deputation/ Contract | 9300-34800 GP-4800 | B.S.S./Retired from same rank |
| C | Assistant | 04 | Deputation/ Contract | 9300-34800 GP-4600 | B.S.S./Retired from same rank. |
| C | Upper Division Clerk | 01 | Deputation/ Contract | 5200-20200 GP-2400 Rs. 15000/- per month | In case of retired personnel experience inaccounting procedure. |
| C | Lower Division Clerk | 02 | Deputation/ Contract | 5200-20200 GP-1900 / Rs. 10000/- | In case of retired personnel Per monthexperience in accounting procedure is required. |
| D | Guards | 05 | Contract | To be outsourced | To be decided by the Secretary. |
| Subject | Competent Authority |
| 1. Correspondence | |
| (5) Routine nature where only information is tobe made available. | Section officer/Under Secretary dealing with thesubject. |
| ii) Less important matters | Dy. Secretary / Jt. Secretary /Addl. Secretarydealing with the subject |
| iii) Important matters | Special Secretary / Secretary |
| iv) Most important matters and letters receivedfrom government of India , NDMA etc. | Vice Chairperson ( Copy of most importantletters will be sent to Chairman (CM) and CEO (cs) as pernecessity) |
| 2. Powers to nominate members and formation ofcommittee under Act/ Rules /Regulations/ bylaws | After consideration by Vice Chairperson, ChiefMinister through Chief Secretary. |
| 3 i) Where authority is not defined to hearrepresentation and power is vested in government underAct/Rules/Regulation/ bylaws | Secretary |
| ii) Where Authority is not defined to hearappeal provisional and representation and power is vested in theGovernment under Act/Rules/ Regulations / bylaws | Secretary, where Secretary himself has notpassed the order, but where Secretary has passed the order, powerto hear appeal shall be with the Vice Chairperson. |
| 4.Extension of period of continuing schemes andtemporary posts created therein. | Vice Chairperson |
| 5.Distribution of work in the Authority | |
| i. Amongst grade A and B officers | Vice Chairperson |
| ii. Amongst personnel of grade C &D. | Secretary |
| 6.Training of officers/ Employee | |
| i) Short- term training within country ( up toone month period) | Secretary |
| ii) Long – term training within country (more than one months period) | Vice Chairperson |
| iii) All category of compulsory training | Secretary |
| iv) Training and participation in workshop ofpersonnel in foreign country ( where expenditure is met by outsources except internal expense) | Chief Minister |
| v) Participation of personnel in training andworkshop in foreign country ( Where state government has to meetexpenses in part or full along with internal expense) | Chief Minister (Through Chief Secretary) |
| vi) Training and participation of All IndiaServices officers in the country or foreign country ChiefMinister | ( Through Chief Secretary) |
| vii) Foreign travel ( on own expense) | Vice Chairperson |
| 7. To issue No Objection Certificate ( NOC) forobtaining Passport. | Secretary in case of A and B category staff. Jt.Secretary in charge establishment in case of C & D staff. |
| 8. Representation for foreign service. | Secretary in case of A & B category staff.Jt. Secretary in charge establishment in case of C &Dcategory staff. |
| Subject | Competent Authority |
| 1.Sanction of casual and restricted leave | Immediate superior officer under whom employeeis working. |
| 2.Other than casual and restricted leave (exceptstudy leave) | Joint Secretary |
| (i) For A & B Category | Vice Chairman |
| (ii) For C & D Category | Secretary |
| 3. Study leave | As per established rule |
| S. No. | Subject | Competent Authority to Sanction |
| 1 | Approval of budget of the Authority | Authority |
| 2 | Extension of current schemes | Vice Chairperson through Projects & SchemesCommittee |
| 3 | Sanction of new schemes | Secretary |
| (i) | costing up to Rs. two and half crores. | (Subject to budget provision and inclusion inthe Authority schemes ) |
| (ii) | Sanction of new schemes costing above Rs. twoand half crores up to ten crores. | Vice Chairperson (Subject to budget provisionand inclusion in the Authority schemes) |
| (iii) | Sanction of new schemes. costing above Rs. tencrores up to Rs. 20 crores. | Finance Minister after approval of departmentalMinister (Subject to budget provision and inclusion in theAuthority schemes ) |
| (iv) | Sanction of new schemes. costing above Rs twentycrores. | do |
| 4 (i) | Sanction order in schemes | Secretary |
| (ii) | Joint SecretaryLevel of signature on allotmentorder of schemes. | |
| 5. | Sanction of office contingency. | Secretary/ Joint Secretary |
| 6. | Sanction of withdrawal of advance ( permanent/temporary ) from GPF | Secretary |
| 7. | Sanction of transport allowance | Secretary |
| 8. | Sanction of vehicle repairing | Joint Secretary ( Subject to budget provision) |
| 9 | Disposal of audit objection. | Secretary (in important policy matters afterapproval of Vice Chairperson) |
| S. No. | Subject | Sanction Limit | Tendering Process | Competent Authorityto Sanction | |
| 1 | All procurement of Goods as defined underRegulation 124 of Bihar Finance (Amendment) Rules,2005. | (i) Up to Rs. 15000/- (Fifteen thousand) | Off the shelf (as per regulation No. 131 C ofBihar Finance Amendment Rules, 2005) | Addl /Joint Secretary | |
| (ii) More than Rs. 15000/- up to Rs. 100000/-(one lac) | Market Survey by obtaining at least threequotations (as per regulation No. 131 D of Bihar FinanceAmendment Rules, 2005) | Secretary | |||
| (iii) More than Rs. 10 lacs up to Rs. 2500000/-(twenty five lacs) | Limited Tender (as per regulation No. 131 l ofBihar Finance Amendment Rules, 2005). The Secretary may decide toadditionally go for advertisement in local news paper dependingupon the nature of Purchase | Vice Chairperson | |||
| (iv) More than Rs.10 lacs up to 2500000/-(twenty five lacs) | Limited Tender (as per regulation No. 131 l ofBihar Finance Amendment Rules, 2005). The Secretary may decide toadditionally go for advertisement in local news paper dependingupon the nature of purchase. | Vice Chairperson | |||
| (v) More than Rs. 25 lacs up to Rs. 5000000/-(fifty lacs) | Advertisement in local and national daily, theIndian Trade Journal and website (as per regulation No. 131 H ofBihar Finance Amendment Rules, 2005) | Vice Chairperson | |||
| (vi) More than Rs. 50Lacs (fifty lacs) and up toRupees One crore. | Advertisement in local and national daily, theIndian Trade Journal and website (as per regulation No. 131 H ofBihar Finance Amendment Rules, 2005 | Vice Chairperson | |||
| (vii) More than Rupees One crore. | Advertisement in local and national daily, theIndian Trade Journal and website (as per regulation No. 131 H ofBihar Finance Amendment Rules, 2005) | Committee under Vice Chairperson comprising ofSecretary, Sr Adviser (Technical) and the Financial Adviser.However, Chairperson shall have power to give approval in urgentsituations and to take post facto approval of The Committee. | |||
| 2. | Approval for Administrative/Official expenses. | (i) Up to Rs. 25,00000/- (Twenty Five lacs) | Secretary | ||
| (ii) More than Rs. 25, 00000/- (Twenty Fivelacs) | Vice Chairperson | ||||
| (iii) Single source selection in the context ofoverall interest of the Authority for estimated cost ofwork/services up to Rs. 25 lacs | full justification for single source should berecorded in file and approval of the competent authority obtainedbefore resorting to such single source selection as perregulation number 131 Z G of Bihar Finance Amendment Rules 2005 | Committee under Vice Chairperson | |||
| (iv) Single source selection in the context ofoverall interest of the Authority for estimated cost ofwork/services beyond Rs. 25 lacs. | full justification for single source should berecorded in file and approval of the competent authority obtainedbefore resorting to such single source selection as perregulation number 131 Z G of Bihar Finance Amendment Rules 2005. | Committee under Vice Chairperson | |||
| 3. | Hiring of contractual staff, including sanctionof compensation package | (i) For Staff of Category A & B. | Advertisement in local & national daily, theIndian Trade Journal and website (as per regulation No. 131 H ofBihar Finance Amendment Rules, 2005) | Vice Chairperson Full Powers to the selectioncommittee provided the contracts shall be for a period notexceeding 12 months at a time. | |
| (ii) For Staff of Category C& D. | Advertisement in local Newspaper | Full powers to Secretary subject to thecompensation package approved by Authority, provided thecontracts shall be for a period not exceeding 12 months at a time | Contract shall be for a period not exceeding 12 months at atime | ||
| 4 | All related activities in pursuance of planapproved by Authority, such as , Advertisement charges, Advanceto contractors, Repayment of earnest money/security deposit,Freight changes, demurrage, Furniture & fixtures(withinlimit),stationery, conveyance, electricity & water charges,Insurance, legal charges, postage, telephone, Fax, Repair andmaintenance of equipment , Hiring of taxis, Auditors, alltrainings, payment of TA/DA/ Honoraria to resource persons, TA/DAto Authority staff, payment related to documentation etc. | Of all kinds | Advertisement in local/national l news paper andas the Secretary may decide and depending upon the nature ofexpenditure | Full powers to Secretary | |
| 5. | Release of funds for implementation of plansapproved by authority. | Of all kinds | Not Required | Full powers to Secretary | |
| 6. | Purchase of books including digital and analoguemanuals. Periodicals ( including IT related | up to Rs. 20 lacs p.a | Secretary | ||
| 7 | Outsourcing of services (i) Housekeeping/conservancy (ii) Transportation (iii) Security ( iv) DataOperators (v) Messenger Services ( vi) Secretariat Assistance etc | Full Powers | Secretary |