The Bihar State Mela Authority Act, 2008

Bihar · state statute
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] TR TH2Z (STHIERO), 3 W8 2008 
[Bihar Act 20, 2008] 
THE BIHAR STATE MELA AUTEORITY ACT, 2008 
AN 
Act 
Preamble—To provide for the constitution of an Authority for the purpose of development, regulation and management of traditional Melas in the State of Bihar. 
A number of religious and cultural fairs are held every year in the State of Bihar where in along with local people thousands from within the country as well as from abroad participate. At Present, there is no authority in the State, Which can take necessary action for development, management and regulation of these traditional fairs. It has been felt by the State Government that an authority be constituted for development, regulation and management of traditional fairs of the - —.State with participation of officials-as well as. non-official member&*fieenactmen[—oflhfibi]l; for - ~ this purpose; i§ the main objective. oo AR " v Be it enacted by the Legislature of the State of Bihar in the fiftyninth year of the Republic of India as follows:- il 
_— 
CHAPTER 1 : 1. Short title, extent and commencement—(1) This Act may be called (he Biluar State Mela Authority Act, 2008. 
(2) It shall extend to the whole of the State of Bihar. 
(3) It shall come into force on such date as the State Government may, by notification in the official gazette, appoint in this behalf.— 
2. Definition—In this Act, unless there is something repugnant to the subject or context:- (a) “Mela” means such Melas which are notified by State govt. for management t the Bihar State Mela authority. . : s (&) “Authority” means BIHAR STATE MELA AUTHORITY constituted under secti of the Act; ! L L (c)“Pilgrim” includes the person, who visits a place of pilgrimage with the object, ar . others, of perfoming such rites as are usually performed by pilgrims; e (d) “Development Commissioner” means Development Commissioner of Bihar duly appointed by the State Government; 
(e) “Commissioner” means the Divisional Commissioner of a Division duly appointed by the State Government; : (9 “Land Reforms Commissioner” means Land Reforms Commissioner-cum-Principal 
Secretary, Revenue & Land Reforms Department of the State of Bihar duly appointed by the State Government; 5 (g) “Secretary” means Secretary/Principal Secretary of a Department duly appointed by the State Government; 
(%) “Collector” means District Magistrate-cum-Collector of the District duly appointed by the State Government; . 2 (i) “Superintendent of Police” means Suprintendent of Police of the district duly appointed 
by the State Governnment; 
() ““Sub-Divisional Officer” means an officer duly appointed by the State Government for the Sub-Division; 
(%) “D.C.L.R.” means a Deputy Collector appointed for land reforms works in a Sub- Division; 
(D) “Prescribed” means prescribed by rules made under this Act; (m) “Regualtions” means regulations made by the Authority under this Act; (n) “Rules” means rules made by the State Government under this Act. 
FigR T (SR, 3 T 2008 3 
CHAPTER Il 
CONSTITUTION OF AUTHORITY 
3. Constitution of authority—(i) With effect from such date as the State Government may, by 
notification in the official Gazette, appoint in this behalf, there shall bz constituted, for the purpose 
of this Act, an Authority, to be called Bihar State Mela Authoriy. : 
(ii) The Authority at State level shall be contituted with the following members:- 
(a) Minister, Revenue and Land Reforms -  Chairman 
distinguighed Non-Govemment Persons, who evince interest in 
5~ Sharwani.fair, Bhagalpur, 
nominated by State Government, for three years. - -Vice Chairman 
(c) Ministers incharge of the Department of Home, Health, Road construction, Building 
* construction, Urban Development, Public Health Engineering, Tourism, Energy, Food 
and Consumer Protection and Information and Public Relations. 
- Special members. 
(d) Development Commissioner, Secretary/Principal Secretary of the Department of Home, 
Health; Finance, Road Construction, Building Construction, Public Health 
Engineering, Tourism Information and Public Relation, Energy, Food and Consumer 
Protection and Urban development; - Member | 
(e) Eleven eminent and distinguished Non-Government Persons, who evince interest 
development of fairs and come from areas of the State where other internationally 
known as well as famous fairs are organised, will be nominated by the State 
* Government for three years. . - Member 
(9 ' Land Reforms Commissioner-cum-Principal Secretary, Department of Reyenue and 
Land Reforms. 5 - Member Secretary. 
(iii) The State Mela Authority (“Authority” in brief) may associate with itself in such 
manner and for such purposes as may be determined by regulations, any person whose 
assistance or advice it may desire in complying with any of the provisions of the Act 
and a person so associated shall have the right to take part in the discussion of the 
Authority relevant to the purpose for which he has been associated but shall not be 
entitled to vote. 
(iv) The Authority may from time to time dliberate and take initiative on, welfare of and 
facility to visitors, policy, direction, implementation; ways to augument resources 
including revenue from a particular Mela, Outsourcing, F inancial management, 
Security and other matters of importance and utility for Melas and advise and direct the 
Divisional and district level administrative officers as well as officers of all 
departments related with administration and management of Mela. ! 
(v) The State Govt. can notify any other Mela, extantly not under the Jurisdiction of the 
authority for management through the authority, on the recomendation of the authority 
and/ or after evaluating informations received from other sources. 
4. Powers and functions of the Chairman, and Vice-Chairman of the Authority—(1) The 
chairman of the authority shall, in addition to presiding over the meetings of the authority, exercise 
and discharge such power and function of the authority as may be delegated to him by the authority 
and such other powers and function as may be prescribed. 
(2). The Vice-Chairman of the authority shall exercise and discharge such powers and 
functions of the chairman as may be prescribed or as may be deldgated to him by the chairman. 
" 5. Removal of the members from their office—The State Goverment may remove from the 
authority any member who in its opinion-~ 
(a) refuses to Act. 
(b) has become incapable to act. 
3 R TH2 (SR, 3 7 2003 
(¢) has 50 abused his office as to render his continuance in office detrimental to the public 
or Government interest; or . 
(d) is othewise unsuitable to continue as a member. 
6. Secretary of the Authority—The Authority will have a Secretary, not Below the rank of 
Joint Secretary of the Department of Revenue and Land Reforms, duly notified by the Department 
of Revenue and Land Reforms, and he will manage affairs of the authority as directed by the 
member Secretary. He will act as chief exccutive officer of the authority. 
7. Meetings of the Committees—(1) The meeting of the State Mela Authority may be held at 
least once every three months o as and when required at any time at the desire of the Chai 
PRSI g g SR ) 24018 oy - 
9 . &+ PowERs AND FUNCTIONS OF THE AUTHORITY e o 
8. Powers and Functions of the Authority—(1) The State Mela Authority may take decision 
as the case may be, for proper functioning, regulation and management of Mela, as well as direct 
and decide policy for the augmentation of revenue sources, enhancement of work of any 
Committee by adding any new Mela if needed, arrangement of fund, by grants, Government or 
other sources. 
9. Special Powers of the Mela Authority—The Authority shall have powers to make 
recomendations for bringing any Mela under its authority, considering its cultural, social and reli- 
gious importance or on the basis of receipt of infofinationjn this regard from other sources. 
10, Control and Guidance—During mela period, Divisional, district and other field level 
officers and employees of all departments of the State Government as well as officers and personals * 
of local hadies associated with management of mela, will act under the guidance of Authortiy for 
the purpose of management of the Mela. . 
11 Recommendation for taking action—The Authority will have powers to recommend ac- - 
tion against any officer or employee of the State Government associated with the management of 
mela, according to the prevailing Act and Rules made by the State Government, in this regard. 
CHAPTCR IV . : g 
FINANCE, ACCOUNT AND AUDITS 
12. Fund of Mela—The Authority may recommend to the State Government for funds to be 
made available for a particular mela. 
13. Power to provide amenities and impose entry fee—The Authority will Provide amenities 
and have powers to impose an entry fee and surcharge for the mela period, with approval of the 
Government on mechanical transport, lodging houses, Dharamshalas, retail shopkeepers advertise- 
ments, entertainment programmes (theater, Circus ¢tc). and such items as the authority deems fit, to 
be sp;c'i_fied by the State Mela Authority from time to time, and may or may not be same for each 
Mela. s oy < : e 230 
14. Account of the Mela Fund—The surcharge and entry fee will be deposited in the State 
Bank of India or any other Nationalized Bank, in a separate Account. 
15. Menner of collection of Surcharges and entry fee—The surcharges and entry fee levied 
under section-13 of the Act shall be collected in such manner as may be determined by rules and 
regulations framed under the Act. g ‘ : 
16. Constitution of Mela Fund—There shall be a duly constituted fund to be called mela 
development and:management Fund (MDMF) and there shall be credited. 
(i) Any grants and loans made to the Authority by the State or Central Government. 
(ii) All the fees and surcharge received by the Authority under this Act. 
(iii) All sums received by the Authority from such other sources as may be decided by the 
' State Government. - ! g : 
(iv) The donations received as per the guidelines of the Government of India and the State 
Government. < : 
17. Use of Mela Fund—(1) The Mela development and management fund shall be utilized 
for meeting expenses of the Authrity for discharging its functions under section-8 of this Act. 
fRR T (3RmHRT), 3 W 2008 9 
(2) The Mela development and management fund shall be used to meet expense for fulfilment 
of objects and purposes, authorized by the State Mela Authority. 
18. Preparation of Budget—The Authortiy, shall prepare, in such form and at such time of 
- cach financial year, as may be prescribed, its budget for the next financial year, showing the 
estimated receipts and expenditure of the Authority and forward the same to the Revenhe 
Department of the Government of Bihar. 
19. Annual Report—The Authority shall prepare, in such form at such time of each financial = 
year as may be prescibed, its annual report, giving a full account of its activities during the previous 
financial year and submit it to the Revenue Department of the State Government. 
‘20 Accounts-and Audit of Accounts—1) Malntenance of acccunt of the. dulhunly shall be“ 
“responsibility of the secretary to the authority. 
(2) The accoutns of the fund recieved. from the State Government shall be audited by 
Accountant general, Bihar as well as audit section of the department of finance and the audit t report 
will be submitted to the authority. 
(3) The annual account of the authority will be audited by any recognised charted accountant 
who will forward the same together with the budget to the revenue and land reforms department. 
CHAPTER V : 
MISCELLANEOUS 
21. Functions of the Authortiy—(1) Without prejudice to the foregoing provisions of this Act, 
the authority in the discharge of its functions and duties under this Act shall be bound by such 
directions on questions of policy as the State Govemment may give, in wntmg, to it from time to“ 
; time. ¥ 
(2) The decision of the State Government shall be final. i 
22. Delegation of Power—The: authority. by an order in writing, may delegate to- the 
| Chairman or. Vice-Chairman of the authority or any other member, subject to such conditions and 
limitations, if any, as may be specified in the order, such of its powers and functions under this Act 
as it may deem necessary. 
" 23. Authentication of orders—All orders and decisions of the Authority shall be 
authenticated by the signature of the Chairman or any other member authorized by the authority in 
this behalf. 
24. Protection of action taken in Good. Faith—(a) No suit, prosecution or other legal 
proceedmgs shall lie against any officer or other employee of the State Government acting under 
3 the Act and Rules framed therein for anything which is in good faith done or in tended to be done 
under this Act. 
(b) No suit or other legal proceeding shall lic agianst the State Government or the 
authority under the Act or any of its officers or other employees for any damage 
caused or likely to be caused by anything which is in good faith done or intended to 
be done under this Act. 
(c) No court shall take cognizance of an offence agianst any officer or other employee 
discharging the duties under the Act for anything, which is in good faith done or 
intended to be done under this Act, except when such complaint is made after 
obtaining previous approval of the State Government, 
25. Supercession of the Authority—(1) If, at any time, the State Government is of the 
opinion- 
(a) That on account of a grave emergency, the authority is unable to discharged its 
function and duties imposed on it by or under the provisions of this Act; or 
(b) That circumstances exist which render it necessary in the public interest so to do; 
The State Government may, by notification in the official Gazette, supercede the 
Authority. 
(2) Upon publication of a notification under sub-section (1) for superceding the authority- 
(a) all the mcmbers’shall, as from the date of supercession vacate their offices as such; .
__makKerules to carry_out the” 
19 TR o (3/IURT), 3 9% 2008 
(b) All the powers, functions and duties which may, by or under the provisions of this 
Act, be exercised and discharged by or on behalf of the authority, shall until the 
authortiy is reconstituted under sub-section (3), be exercised and discharged by such 
person or persons as the State Government may dirccet in this behalf. 
(3) On the expiration of the period of supercession specified in the nétification issued under 
sub-section (1) the State Government may, 
(a) extend the period of supercession as it may consider necessary; or 
(b) reconstitute the authority within one year from supercession. 
26. Power to make Rules—The State Govemment may by notification in the official Gazens 
ses of this Act. : 
27. Power to make chulanom%The authority, with the previous approval of the 
Government, by notification in the official Gazette may make regulations consistent with this Act 
and the rules to carry out the purpose of this Act. 
28. Administrative Department of the Authority— The Administrative Department of the 
Authority shall be The Revenue and Land Reforms Department, Government of Bihar, Patna. 
29. Administrative arrangment of the authority—Revenue and Land Reforms Department 
will provide ministerial support to the authority, by recruitment/ deputation, for day to day 
functioning of the authority. 
Amvs AND ORJECT 
A number of religious and culutral fairs are organized every year in the State of Bihar in 
which several thousand people participate. At present there is no authority in the State which can 
take neccesrssary action for the development, regulation and management of these traditional fairs, 
The: State. Government has felt the necessity to establish an authority for the development, 
regulation and management of the traditional fairs in the State in which Government and 1 non» 
Government members will participate. In view of this the Bihar State Mela Authority Act, 2008 has 
been prepared by Revenue and Land reforms Department. 
By order of the Governor of Bihar, 
RAMNATH THAKUR, 
Member-Incharge. 
srefteres, T e Al HeR U WM, el BRI SR 
- o srefteg, wfearer qaoneE, faeR, wen g gfEE 
TR o2 (STEIEROT) 304-571+400-S10 0 01 

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