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RULES
& REGULATIONS
OF THE STATE
BLOOD TRANSFUSION COUNCIL
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1.1
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These
Rules may be called the State Blood Transfusion
Council Rules, 1996.
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1.2
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These
Rules shall come into force with effect from the
date of registration of the Society by the Registrar of
Societies.
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2
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Definitions
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2.1
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In
these Rules, unless the context otherwise
requires:
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i)
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The
Chairman means the President who shall
preside over
the meeting of the Governing Body and
the Executive
Committee.
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ii)
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The
Executive Committee means the Executive
Committee referred to in Rule 6.
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iii)
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The
Governing Body means the Governing Body
of the
State Blood Transfusion Council.
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iv)
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The
State Government means the Government of
India.
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v)
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The
Central Government means the Govt. of
the State of
Delhi.
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vi)
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The
National Council means the National
Blood Transfusion
Council.
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vii)
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The
State Council means the State Blood
Transfusion
Council of the State of Delhi.
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viii)
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The
President means the President of the
Governing Body
of the State Council.
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ix)
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The
Director means the Director of the State
Council.
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x)
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The
Rules means the Rules registered along with
the
Memorandum of Association and as may be
amended
by the State council from time to time.
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xi
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The
Year means the financial year of the
State Government
of Delhi.
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xii)
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Member
means the Member of the State Council.
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3
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Membership
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3.1
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The
following shall be members of the Sate Council
either ex-officio
being the holders for the time being of certain
offices or by personal appointments or election
as in these Rules and Regulations prescribed.
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1.
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The
President of the State Council
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2.
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All
other members of the Governing Body.
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3.2
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Principal
Secretary in the Ministry of Health & Family
Welfare of the
State Government shall be the President.
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3.3
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The
Director of the State Council who shall be
appointed by the
Governing Body with the prior approval of the
State Government, shall
be the Member Secretary of the Governing Body.
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3.4
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The
Director shall maintain a register of members of
the State Council
which shall show the individual names of all
ex-officio members.
A separate register shall be maintained for
other members.
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4.
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Authorities
of the State Council
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4.1
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The
following shall be the authorities of the State
Council:
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1.
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Governing
Body
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2.
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Executive
Committee
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3
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Such
other bodies as may be prescribed by the
Governing Body.
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5
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Governing
Body
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5.1
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The
management of the affairs of the Council shall
be entrusted to a Governing Body which shall be
entitled 'The Governing Body of the State Blood
Transfusion Council'. The property of the State
Council shall be vested in the Governing Body
and in any proceedings, civil or criminal may be
described as the property of the Governing Body.
In any proceedings, the State Council may sue or
be used in the name of the Director or such
other member as shall in reference to the matter
concerned be appointed by the Governing Body for
the occasion.
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5.2
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The
first members of the Governing Body of the State
Council shall be those mentioned in Clause 5 of
the Memorandum of Association. They shall
hold office until a new Governing Body is
appointed according to these Rules.
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5.3
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The
Director of the State Council shall be the
Member Secretary of the Governing Body.
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5.4
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The
Director shall maintain a register of members of
the Governing Body which shall show the
individual names of all ex-officio members.
A separate register shall be maintained for
other members.
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5.5
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Duration
of Appointment of Member
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5.5.1
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Notwithstanding
anything contained in Sub-rule(2) of this rule,
when a person becomes a member of the Governing
Body by reason of the office or appointment he
holds, his membership to the Governing Body
shall cease when he ceases to hold that office
or appointment.
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5.5.2
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Unless
their membership of the Governing Body is
previously terminated as provided in
Sub-rules(1) and (3), the tenure of non-official
members shall be for two years from the date of
their nomination to the Governing Body. Such
members after their two years will be eligible
for renomination.
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5.5.3
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All
members of the Governing Body shall cease to be
members if they resign, become of unsound mind,
become insolvent or be convicted of a criminal
offence involving moral turpitude or removal
from the post by virtue of which he was holding
the membership.
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5.5.4
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Resignation
of membership shall be tendered to the Governing
Body in person to its Member-Secretary and shall
not take effect until it has been accepted on
behalf of the Governing Body by the President.
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5.5.5
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Any
vacancy in the membership of the Governing Body
caused by death or by any of the reason
mentioned in these Sub-rules shall be filled in
the same manner as provided in Rule5.2.
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5.6
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Proceedings
of the Governing Body
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5.6.1
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The
meeting of the Governing Body shall be held at
least twice a year and at such time and place as
the President shall decide. If the
President shall receive a requisition for
calling a meeting signed by one-third members of
the Governing Body, the President shall call
such a meeting as soon as may be reasonably
possible and at such place as he may deem fit.
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5.6.2
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At
the annual meeting of the Governing Body the
following business shall be brought forward and
disposed off:
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(a)
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Income
and expenditure account and the balance
sheet for the past year.
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(b)
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Annual
report of State Council
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(c)
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Budget
for the next year.
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(d)
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Proposals
for enquiries and research work for the
next year.
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(e)
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Appointment
of the Executive Committee and the
Standing Committees.
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(f)
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Other
business on the agenda.
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(g)
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Other
business brought forward with the assent
of the President.
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5.6.3
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Every
notice calling a meeting of the Governing Body
shall state the date, time and place at which
such meeting will beheld and shall be served
upon every member of the Governing Body no less
than twenty one clear days before the date
appointed for the meeting. Such notice
shall be under the hand of the Member-Secretary
and shall be accompanied by an agenda of the
business to be placed before the meeting
provided that accidental omission to give such
notice to any member shall not invalidate any
re-solution passed at such meeting. In the
event of any urgent business the President may
call the meeting of the Governing Body at a
clear ten days notice.
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5.6.4
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The
President shall take the Chair at the meetings
of the Governing Body. In his absence the
Governing Body shall elect one from among the
members present as Chairman of the meeting.
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5.6.5
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One
third of the members of the Governing Body,
including the substitutes nominated under Rule
5.6.9 present in person, shall form a quorum at
every meeting of the Governing Body.
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5.6.6
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All
disputed questions at the meeting of the
Governing Body shall be determined by vote.
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5.6.7
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Each
member of the Governing Body shall have one vote
and in case of an equality of votes the Chairman
shall have casting vote.
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5.6.8
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The
Chairman shall have the right to adjourn any
meeting from time to time.
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5.6.9
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Should
any official member be prevented for any reason
whatsoever from attending a meeting of the
Governing Body the President of the Council
shall be at liberty to nominate a substitute to
take his place at the meeting of the Governing
Body. Such substitute shall have all the
rights and privileges of a member of the
Governing Body for that meeting only.
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5.6.10
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Any
member desirous of moving any resolution at a
meeting of the Governing Body shall give notice
thereof in writing to the Member-Secretary of
not less than ten clean days before the day of
such meeting.
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5.6.11
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Any
business which it may become necessary for the
Governing Body to perform except such as may be
placed before its Annual meeting may be carried
out by circulation among all its members and any
resolution so circulated and approved by a
majority of the members signing shall be as
effectual and binding as if such resolution had
been passed at a meeting of the Governing Body
provided that at least one-third members of the
Governing Body have recorded their views on the
resolution provided that in the event of any
urgent business the President of the Council may
take a decision on behalf of the Governing Body.
Such a decision shall be reported to the
Governing Body at its next meeting for
ratification.
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5.7
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Powers
of the Governing Body
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5.7.1
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The
Governing Body will have full control of the
affairs of the State Council and will have
authority to do, exercise and perform all the
powers, acts and deeds of the State Council
consistent with the aims and objects of the
State Council.
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5.7.2
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The
Governing Body shall have full powers in the
matter of expenditure from the funds of the
State Council consistent with the aims and
objects of the State Council
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5.7.2
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The
Governing Body shall have full powers in the
matter of expenditure from the funds of the
State Council save in the matter of pay and
allowances and concessions to Govt. servants on
foreign service.
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5.7.3
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The
Governing Body shall have full power to make
such bye-laws as they shall think essential for
the regulations of the business of the State
Council and in particular with reference to the
keeping of accounts, the preparation and
sanction of budget estimates, the sanctioning of
expenditure, entering into contracts, the
control and investment of funds of the State
Council and the sale or alteration of such
investment and any other purpose that may be
necessary.
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5.7.4
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The
Governing Body may accept the management and
administration of any endowment or trust fund or
any subscription or donation provided that the
same is unaccompanied by any condition
inconsistent with or in conflict with the nature
and objects for which the State Council is
established.
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5.7.5
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The
Governing Body shall review the progress and
performance of Committees constituted by it and
constituent units established under different
disciplines and give such policy directives as
it may deem fit to the concerned committees and
constituent units of the State Council.
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5.7.6
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The
Governing Body shall be empowered to pay the
charges and expenses, preliminary and incidental
to its establishment and registration.
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5.7.7
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The
Governing Body shall have full power to purchase
or otherwise acquire any property at such price
and generally on such terms and conditions as it
thinks fit.
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5.7.8
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The
Governing Body shall have full power to
institute, conduct, defend, compound, compromise
or abandon any legal proceedings by or against
the State Council or otherwise relating to the
affairs of the State Council.
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5.7.9
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The
Governing Body shall have power to invest and
deal with the funds and moneys of the
State Council upon such securities and in such
manner as they think fit and from time to time
to vary and realise such investments.
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5.7.10
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The
Governing Body shall have power to enter into
all negotiations and contracts and rescind and
vary all such contracts and execute and do all
such acts, deeds and things as it may consider
expedient in relation to any of the matters
aforesaid or otherwise for the purpose of the
State Council.
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5.7.11
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The
Governing Body may by resolution delegate to the
Executive Committee & Director of the State
Council such of its powers for the conduct of
business as the Governing Body may deem fit.
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5.7.12
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The
Governing Body may by resolution appoint
standing or ad-hoc committees consisting of
members of the Governing Body or co-opt other
experts not being members of the Governing Body
for carrying out its objects.
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6
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Executive
Committee
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6.1
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The
Governing Body will constitute an Executive
Committee which will be responsible for acting
for and doing all deeds on behalf of the
Governing Body and for taking all decisions and
exercising all the powers vested in the
Governing Body under Rule 5.7 except those which
may specifically be excluded to be exercised by
the Executive Committee.
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6.2
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The
composition of the Executive Committee shall be
as follows:
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1.
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President
of the State Council
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Chairman
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2.
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Director,
State Health Services
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Member
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3.
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Representative
of the State Ministry of Finance
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Member
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4.
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State
Drugs Controller/Food & Drugs
Administrator
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Member
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5.
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One
expert in Blood Transfusion Medicine
from Medical & Health institution of
the State
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Member
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6.
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Representative
from Red Cross Society
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Member
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7.
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Director,
State Council
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Member -
Secretary
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6.3
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The
term of office of the non-official Members of
the Executive Committee will be two years.
The non-official members, who will be members of
the Governing Body will be eligible for
re-nomination.
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6.4
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The
minutes of the Executive Committee meeting will
be placed before the Governing Body at its next
meeting.
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6.5
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In
the absence of the President the Executive
Committee shall elect one from among the Members
present as Chairman of the meeting.
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6.6
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The
Standing Committees constituted by the Governing
Body shall submit their reports to the Executive
Committee who shall be empowered to take
decisions on their recommendations.
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6.7
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Meetings
of the Executive Committee shall be held as
often as necessary but not less than once in a
month.
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6.8
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Meetings
of the Executive Committee shall be convened by
the Member- Secretary by giving clear seven
days' notice in writing alongwith the Agenda
specifying the business to be transacted, the
date, time and venue of the meeting.
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6.9
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The
Chairman may convene special meetings of the
Executive Committee by giving clear seven days'
notice in writing alongwith the Agenda
specifying the business to be transacted, the
date, time and venue of the meeting.
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6.10
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Powers
and functions of Executive Committee
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6.10.1
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Subject
to general control and directions of Governing
Body, the Executive Committee shall be
responsible for the management and
administration of the affairs of the State
Council in accordance with the rules and
bye-laws made there under for the furtherance of
the objects and shall exercise all powers of the
Governing Body, except which may specifically be
excluded or modified to be exercised by the
Executive Committee, including the powers:
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i)
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To
carry out the broad policies and objects
of the State Council as set out in the
Memorandum of Association or in
accordance with such directives as the
State Government may issue to the State
Council.
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ii)
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To
sanction expenditure for carrying out
the administration of the State Council
in accordance with the budget estimates
approved by the Governing Body of the
State Council.
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iii)
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To
create such posts as are necessary to
administer the State Council and recruit
and appoint staff except for which the
prior approval of the State Government
shall be required.
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iv)
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The
Executive Committee may delegate such
powers as it considers appropriate to
the Director or other officers of the
State Council
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v)
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The
Executive Committee may make bye-laws
for the conduct of business of the State
Council, including the bye-laws for the
service conditions of the staff,
provided that the Executive Committee
may, with the approval of the Governing
Body, adopt State Government Rules
and/or without modifications as may be
considered necessary. The bye-laws
so framed by the Executive Committee
shall be subject to the approval of the
Governing Body.
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vi)
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Notwithstanding
anything contained in Sub-rule
6.10.1(v), the Executive Committee shall
make bye-laws under the aforesaid
sub-rules in respect of the matters for
which the power to adopt rules and/or
regulations has not been exercised
within twenty four months of the
registration of Society.
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7
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Powers
and Functions of the President
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7.1
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The
President shall have the power to call for and
preside over all meetings of the Governing Body
and the Executive Committee
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7.2
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The
President shall have the authority to review
periodically the work and progress of the State
council and to order enquiries into the affairs
of the State Council and to pass orders on the
recommendations of the reviewing or enquiry
Committee.
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7.3
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Nothing
in these Rules shall prevent the President from
exercising any or all the powers of the
Governing Body in case of emergencies in
furtherance of the objects of the State Council
and the action taken by the President on such
occasions shall be reported to the Governing
Body subsequently for ratification.
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8
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Powers
and Functions of the Director
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8.1
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The
Director shall be the Chief Executive of the
State Council and shall be responsible for the
co-ordination of policies, planning and
execution of various programmes under the State
Council and for liaison with the National Blood
Transfusion Council and with other Blood
Transfusion Councils of States, without
prejudice to the generality of the foregoing
provisions of the Director shall exercise such
powers and discharge such functions as shall be
specified in the Bye-laws and also those laid
down below:
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(a)
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He
shall do all such acts as may be
required for the proper conduct of the
ordinary current administrative and
business duties and affairs of the State
Council
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(b)
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He
shall allocate duties to officers and
employees of the State Council and shall
exercise such supervision and executive
control as may be necessary subject to
these rules and regulations.
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(c)
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All
the correspondence shall be over his
signature or of an officer(s) so
authorised by him in this behalf.
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(d)
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He
shall also be a Member (Ex-officio) of
all the Committees appointed by the
Governing Body and shall attend at his
discretion all or any meeting of such
Committees.
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(e)
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He
shall exercise such of the financial and
administrative powers as may be
delegated to him by the Governing
Body/Executive Committee or by the
President.
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(f)
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The
Director shall sign and execute on the
behalf of the Governing Body/Executive
Committee all agreements, contracts
etc., which may be necessary for the
proper conduct of business of the
Council. The drafts of all
contracts involving consideration
exceeding specified monetary limit shall
be submitted tot he Solicitor to the
State Government or such other officer
dealing with conveyancing matters in the
Ministry of Laws of the State Government
for its advice as to its correctness or
their form.
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(g)
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He
shall sign and verify plaints, written
documents statements, affidavits,
petitions and tabular statements and
institute or defend suits, actions and
other legal proceedings on behalf of the
State Council/Governing Body/Executive
Committee.
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(h)
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He
shall have power to compromise, settle
or refer to arbitration any dispute
relating to the State Council after
taking competent legal advice.
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(i)
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The
Director may, subject to such
restrictions as he may think fit to
impose, authorise the offer(s) of the
State Council as the case may be, to
exercise powers upto the extent to be
indicated under the Bye-laws.
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(j)
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The
Director may, subject to such
restrictions as he may think fit to
impose, authorise the Heads of the
Projects to exercise such of the powers
conferred upon him under the Bye-laws.
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(k)
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The
Drawing and Disbursing Officer or any
other officer of group A of B authorised
by the Director on his behalf shall have
the power to sanction an expenditure of
a miscellaneous or contingent nature
upto the limit to be specified, in each
case, under the Bye-laws.
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9
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Standing
Committees of the National Council
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9.1
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The
Governing Body will set up the following two
Standing sub-Committees, or such number of
Committees which may be deemed expedient in the
conduct of its objects:
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(i)
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Standing
Committee (Finance & Admn.)
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(ii)
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Standing
Committee (Technical)
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9.2
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The
Director, State Council will the Chairman of the
Standing Committee (Fin. & Admn). The
Standing Committee(Tech.) will be chaired by the
Director, State Health Services. There will be
four members on each of these two Committees who
will be members f the Governing body. The
Chairmen of these Standing Committees may, with
the prior approval of the Executive Committee,
co-opt upto a maximum of two experts for a
particular meeting(s), or for a particular
period of time.
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9.3
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The
Standing Committees will submit their reports to
the Executive Committee who shall take decisions
on their recommendations.
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10
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Accounts
and Audit
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(a)
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The
State Council shall cause regular
accounts to be kept of all its moneys
and properties in respect of the affairs
of the State Council
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(b)
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The
accounts of the State Council shall be
audited annually by the auditors
appointed by the State Government and
any expenditure incurred in connection
with such audit be payable by the State
Council to the Auditors.
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(c)
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The
auditors appointed by the State
Government in connection with the audit
of the accounts of the State Council
shall have the same rights privileges
and authority in connection with such
audit as the Auditor General of the
State has in connection with the audit
of Government accounts and in particular
shall have the right to demand the
production of books, accounts connected
vouchers and other necessary documents
and papers.
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(d)
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The
report of such audit shall be
communicated by the auditor to the State
Council which shall submit a copy of the
Audit Report alongwith its observation
to the State Government. The
auditor shall also forward a copy of the
report to the State Government
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11
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Bankers
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The
Bankers of the State Council shall be the State
Bank of India or any of the Nationalised Banks.
All funds shall be paid into the State Council's
account with the appointed banks and shall not
be withdrawn except by a cheque, bills, note or
other negotiable instruments signed by the
Director of the State Councilor jointly by two
officers of the State Council from time to time.
The subordinate units of the State Council may
also be permitted by the Director in his
discretion to open bank accounts in the State
Bank of India or any other Nationalised Bank or
the post-office savings bank. The accounts
will be operated by the
Officer-in-charge/Project Officer or as may be
decided by the Director in any particular case.
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12
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Miscellaneous
Provisions
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12.1
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For
the purpose of the Rules and Regulations a year
shall be taken to mean financial year of the
State Government.
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12.2
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The
State Government shall have power to issue such
directives as they deem fit from time to time
for furtherance of the objects laid down.
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12.3
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A
dra |