Section 8

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DIO, NIC, Diu Following nominated members I. One IT expert nominated by the Department of IMomation Technology 2, One eminent citizens to be nominated by the chairperson .Co-opted Members: Individuals as may be nominated by the Governing Body from time to time. 4.2The membership of an ex-offio member of the Society and of the Governing Body shall stand terminated when helshe ceases to hold the office by virtue of which he/she was member and hisfher successor to the office shall become such member. 4.3 Non-official members of the Society will be nominated by the Chairperson with the approval of the Governing Body. Nominated members shall hold office for a pefmd of three years from the date of their nomination by the Chairperson. Such members will be eligible for re-nomination for another period of 3 years. 4.4 The Society shall maintain a roll of members at its registered office and every member shall sign the roll and state therein hislher rank or Occupation and address. No member shall be entitled to exercise rights and privileges of a member unless helshe has signed the roll as aforesaid. members of the Governing Body shall cease to be members if they resign, come of unsound mind, become insolvent or be convicted of a criminal offence lving moral turpitude or removal from the post by virtue of which slhe was ing the membership. ation of membership shall be tendered to the Governing Body in person to mber Secretary and shall not take effect until the Chairperson has cepted it on behalf of the Governing Body. 4.7 If a member of the Society changes hislher address heishe shall notify his/her new address to the Member Secretary who shall thereupon enter hidher new address in the roll of member. But if a member fails to notify hislher new address the address in the roll of members shall be deemed to be hislher address. 4.8Any vacancy in the Society or in the Governing Body shall be filled by the authority entitled to make such appointment. No act or promedings of the society or of the Governing Body shall be invalid merely by reason of the existence of any vacancy therein or of any defect in appointment of any of its members. 4,9No member of the Governing Body, except the Member Secretary to be appointed as per these Rules, shaft be entitled to any remunerationlfees. 5.1 The folbking shall be the bodies and authorities of the Suciety: * Governing Body Executive Committee Sub-Committees of the Executive Committee, such as Programme Committees 5.2.1 All members of the Society as set out in Para 4.1 shall constitute the Governing Body of the Society. 5.2.2 The first members of the Governing Body of the Society shall be those mentioned in Clause 6 of the Memorandum of Association, They shall hold office until a new Governing Body is appointed according to these rules. 5.2.3 The management of the affairs of the Society shall be entrusted to Governing Body and the property of the Society shall be vested in the Governing Body. 5.2.4 The Society may sue or be sued in the name of the Member Secretary of the Society or of such other members as shall, in reference to the matter concerned, be appointed by the Governing Body for the occasion. 6.9 The meetings of the Governing Body shall be held at least twice a year and at y such time and place as the Chairperson shall decide. If the Chair-person receives a requisition for calling a meeting signed by one-third members of the Governing Body, the Chair-person shall call such a meefing as soon as may be reasonably possible and at such place as slha may deem fit, Following minimum business shall be brought forward and disposed off in every meeting of the Governing Body: Annual report of the Society relating to fast financial year, including (a) income and expenditure account, (b) balance sheet and (c) audit report. * Physical and financial progress of the programmes I projects in the current year. Work Plan (including budget) for the next financial year. Other business brought forward with the assent of the Chairperson. Every notice calling meeting of the Governing Body shall state the date, time and place at which such meeting will be held and shall be served upon every member of the Governing Body not less than seven clear days before the date appointed for the meeting. Such notice shall be issued by the Member Secretary of the Society 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 resolution passed at such meeting. In the event of any urgent business the Chairperson may call the meeting of the Governing Body at clear ten days notice. r - - - - - ----- ~ _ - ~ ~ - - - - . - - - - - ~ -- c L N G 5.3.4 The Chair-person shall Chair the meetings of the Governing Body. in hislher absence, the Governing Body shall elect one from among the members present as Chairperson of the meeting. 5.3.5 One third of the members of the Governing Body , including the substitutes nominated under Rule 5.3.7 present in person, shall form a quorum at every meeting of the Governing Body. 5.3.6 All disputed questions at the meeting of the Governing Body shall be determined by votes. Each member of the Governing Body shalt have one vote and in case of a tie, the Chairperson shall have a casting vote. 5.3.7 Should any official members be prevented for any reason whatsoever from attending a meeting of the Governing Body, the Chair-person of the Society 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 priviteges d a member of the Governing Body for that meeting only. member desirous of moving any resolution at a rneeting of the Governing y shall give notice there of in writing to the Member Secretary of not less n ten clear days before the day of such meetings, ' M g Arty business which it may become necessary for the Governing Body to perform, except the agenda prescribed for the full meeting as set out in Para 5.3-2 above, may be carried out by circulation among all its members and any resolution so circulated and approved by 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 consent of such resolution. 5.3.10 In the event of any urgent business, the Chairperson of the Society 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. 5.3.11 A copy of the minutes of the proceedings of each meeting shall be furnished to the Governing Body members within 2 weeks after completion of the meeting. 5.4.1 The Governing Body will have full control of the affairs of the Society and will have authority to exercise and perform all the powers, acts and deeds of the Society consistent with the aims and objects of the Society. 5.4.2 In particular and without prejudice to the generarity of foregoing provision, the Governing Body: 5.4.2.1 Take decision on matters of policy relating to the administration, working and control of the Society. 5.4.2.2 Consider and approve programmes and plans of the Society in conformity with the scope of the objectives of the Society mentioned in the Memorandum of association and to sanction expenditure for the same. 5.4.2.3 Consider and approve eligibility conditions, duration, selection process etc for various types of service providers, vendors, resources including system integrators, developers, stake holders, financial collaborators, w public-private partners, implementers, executors of the various e- Governance initiatives and other citizen services. Frame Rules, Regulations and Bye-laws for the conduct of the affairs of the Society and to add, amend, or repeal the rules and regulation from time to time. / 5.4.2.5 Consider, approve and authorize operation of the funds of the Society. Collect payments and user charges on behalf of other departments and agencies and transfer! utilize it in the manner prescribed in the agreements. - 5.4.2.6 Frame norms, guidelines and terms and conditions and service level agreements with stakeholders and franchises to establish IT and e- Governance services and to add to or amend them from time to time. 5.4.2.7 Appoint Committees or sub-Committees, by whatever name called, comprising member(s) of the Society and such outside experts and officers of the Society as may be nominated by it for specific tasks, for the disposal of any of its business or for tendering advice on any matter , pertaining to the administration and management of the Society on such terns as it may deem fit, and to remove any of them. .4.2.8 Delegate, to such extent as it may deem necessary, any of its powers, other than those of making rules, to the Chair-person, Member Secretary ol- any Officer or the Committees constituted by the Board. 5.4.2.9 Create project based contract positions and handle the work on job-work and/or outsourcing basis for the Society, lay down terms and conditions and method of hiring such human resources. 5.4,2.10 Acquire by gift, purchase, exchange, lease. hire or otherwise any property, movable or immovable, and to construct, improve, alter, demolish or repair buildings, space, works and construdions as may be necessary or convenient for carrying on the activities of the Society; 5.4.2.11 Negotiate, enter into and make contracts and deeds on behalf of the Society without any Government support. To enter into legal and corporate agreements for and on behalf of the Society and to sue and defend all legal proceedings on behalf of the Society; 5.4.2.12 Institute and award, prizes and medais for innovative e-Governance and citizen services applications; 54.2.13 Solicit and receive grants, gifts, donations or other contributions from the Central Government, State Government, user charges, cess, - contributions, fee and funds in any other forms, provided it is approved by the Executive Committee; .I4 Do all such acts and things as are incidental or conducive to the discharge of the functions and attainment of any of the objects of the Society. y4.2.15 To prepare and execute the detailed plans and programmes for working of the Society and to carry on its administration and management. 5.4.2.16 To procure and previde all types of IT resources & services like hardware, system software, power & printer peripherals, networking components etc. in accordance with the procedures laid down in the Oper~tjonal Manual of the Society. 5.4.2.17 To have custody and ensure proper utilization of the funds of the Society and to manage all the resources of the Society. 5.4.2.18 To frame and prescribe guidelines and instructions for the implementation of e-Governance and citizen service applications in conformity with the overall policy approved in this behalf by the State Government and Governing Body. 5.4.2.19 To provide the required operating, administrative, technical, ministerial qnd other manpower under DDEGS on job work, contract or outsourcing basis from project to project basis for ensuring the efficient operation and management of the projects and the affairs of the Society and to prescribe the conditions for hiring and firing of such manpower by the other departments and organizations as and when required. 5.4.2.20 To co-ordinate with central and state level organizations1 institutions of national and international organizations in the pursuit of its objectives of the Society. 5.4.2.21 To consider and pass such Resolutions on the annual report, the annual accounts and the financial estimates of the Society as it thinks fit. 5.4.2.22 Do generally all such other acts and things as may be necessary or incidental to canying out the objectives of the Society or any of them. provided that n~thing herein contained shall authorize the Governing Body to do any a d or to pass any bye-laws which may be repugnant to the provisions hereof, to the powers hereby conferred on the Governing Body and other authorities, or which may be inconsistent with the objective the Society. '4 2.23 Consider the annual budget and the annual action plan, its subsequent alternations placed before it by the Member Secretary from time to time and to pass it with such modifications as the Governing Body may think fit. q4.2.24 Monitor the financial position of the Society in order to ensure smooth income flow and to review annual audited accounts. 5.4.2.25 Authorize the Member Secretary or any other member to execute such contracts on behalf of the Society as it may deem fit in the conduct of the business of the Society. 5.4.2.28 Recruit administrative I technical staff for the Society secretariat as per the Operational Manual of the SocietyfRRs of the UT Administration. The Chair-person shall have the powers to call for and preside over all meetings of the Governing Body. The Chair-person may himselflherself call, or by a requisition in writing signed by himlher, may require the Member Secretary to call, a meeting of the Governing Body at any time and on the receipt of such requisition, the Member Secretary shall forthwith call such a meeting. 5.5.3 The Chair-person shall enjoy such powers as may be delegated to him by the Society and the Governing Body. The Chair-person shall have the authority to review periodically the work and progress of the Society and to order inquiries into the affairs of the Society and to pass orders on the recommendations of the reviewing or inquiry Committee. Nothing in these Rules shall prevent the Chair-person from exercising any or all the powers of the Governing Body in case of emergencies in furtherance of the ohjets of the Society. However, the action taken by the Chairperson on such occasions shall be -reported to the Governing Body subsequentty for ratification. 5.6 m C o M M m A M ) ~ S U B O O N I ~ ( p ~ ~ e ~ b ] 5B.1 The Governing Body shaif have an Eixecutive 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 except those which the Governing Body may excluded from the jurisdiction of by the Executive .. , of the Executive Committee shall be as follows: 5.6.3 The Executive committee will be empowered to take all administrative decisions where no permanent creation of posts is involved. d 5.6.4. The Executive Committee will issue Administrative Approvals (AA), Financial Sanctions (FS) and Technical Sanction (TS) for all IT and e-Governance projects of value less than Rs. 2 Crore. Any project of more than Rs. 2 Crore would require the approval of the Governing Body. 5.8.5. The Executive Committee will be competent to handle all IT resource acquisition and disposal cases of value less than Rs. 2 crore per tender. Any acquisition of more than Rs. 2 crore per tender would require the approval of the Governing Body. - 5.6.6. In case of urgency, the Executive Committee wiif take decisions arid get the same ratified from the Governing Body in its next meeting, 5.6.7. The Executive Committee may also further delegate any of its power to Member Secretary of the Society. 5.6.8. The Executive Committee shall exercise such other powers as delegated to it by the Governing Body, 5.6.9. The ExpcutiYe Committea may co-opt additional members andlor invite subject experts ta its meetings from time to time. 5,6.10.Meetings of the Executive Committee shall be convened by the Member Secretary by giving clear seven days notice in writing abng with the Agenda specifying the business to be transacted, the date, time and venue of the meefmg. 5.6.11.Maetings of the Executive Committee shall be held at least once every two months or more frequently as necessary. 5.6.12.The minutes of the Executive Committee meetings will be placed before the Governing Body at its next meeting. ,- 6, - Executive Committee may appoint one or more programme - cammittees for of day-to-day execution of the various programmes. programme committees will submit a monthly performance I progress report Executjve Committee which shall incorporate these into the consolWated n- reports to be placed before the Governing Bgdy. 6 1 . The Member-Secretary shall be the custodian of the record, the funds of the Society & such other prcperty of the society as the Board may commit to his charge. The Member-Secretary shall have the accounts maintained and also arrange for the annual audit in accordance with the provisions in the Rules and Bye-laws of the Society. 6.2. The Member-Secretary shall have such other power & perform other duties as may be deiegated or assigned to him by the Governing body or the Executive Committee. The Member-Secretary may delegate any of his p w r s to any of his subordinate with the approval of the Executive CornmitEee. 6.3 The Member-Secretary af Board of Governor and Executive Committee shalt be the same and also shall act as the Member-Secretary of the Society and will record the proceedings of the meetings of the Society and of the Governing Erady and maintain a proper record of these meetings in accordance with the provisions of the Byelaws of the Society. 6.4 The Member-Secretary shall manage the projects, properties or the money under the fund, manage accounts, execute all contracts on behalf of the society and receive funds for the society through donations, grants-in-aid, contributions and raising money whenever required. . 6.5 The Member-Secretary of Board of Governor shall prepare the budget relating to the administrative expenses of the Society and Committee such as expenditure on TA/DA of the members, which shall be legitimate charge on the fund. 6.6 The Nlember-Secretary will be ernpowered to take ail day to day administrative de~jsions where no policy is involved where no creationeof posts is involved. 6.7 In the event of the post of Member-Secretary remaining vacant or the Member- Secretary being absent or unable to perform his duties or any reason, it shall be open for the Board to direct any Officer or Officers in the service of the Society to excise temporarily such powers & perform such funoffons and duties of the Member-Secretary as the Board may deem fit. Secretary shall be responsible for We proper day tu day of the Society. All other staff of the society shell be subordinate to The Member-Secretary shall carry out the general with the work assigned to him/her by the the Executive Committee from time to time. mber-Secretary of Board of Governor shall hire & f re the manpower for and other staff in accordance with Rules, regulations and bye-laws of The Member-Secretary of Board of Governor shall represent the its legal matters jointly or through any authorized representative. - 6.10 The Member-Secretary shall be responsible for the training and execution of all IT and e-Governance projects as approved by the Governing Body and the Executive Committee. + 6 . I To do all acts deeds and things necessary for carrying out his functions as Member-Secretary. %.A " The Chief Finance QfTicer shall provide advice on all financial matters of Society Iike financial bidsf evaluation recommendation, Financial Planning, Managing the financial risks, budget and any other work assigned by Chairman (DDeOS)/ Vice- Chairman ( DDeGS)