CERTIFICATE OF REGISTRATION

Central Act 21 of 1860

9th day of July, 2008

It is Certified that the " DAMAN & DIU E-GOVERNANCE SOCIETY " (DDEGS), Department of Information Technology, Union Territory Administration of Daman & Diu has this day been registered under the Societies Registration Act, 1860 (Central Act, 21 of 1860).

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S.1 SHORT TITLE

1.1 These Rules and Regulations shall be called "The Rules and Regulations of the Daman & Diu e-Governance Society", 2008.

1.2 These Rules shall come into force with effect from the date of registration of the Society by the Registrar of Societies.

S.2 DEFINITIONS

“Society” means the Daman & Diu E-Governance Society known by the name, Style and manner of DDEGS.

“State Government” means the Daman & Diu Administration.

“Treasurer” means the treasurer of the DDEGS.

“UT” means the UT of Daman & Diu

“Year” means the financial year, namely from 1st April of a calendar year to 31st March of the next calendar year.

“Chief Finance Officer” shall mean Chief Finance Officer of the Daman & Diu e-Governance Society, Daman (DDEGS).

S.3 OFFICE AND JURISDICTION

3.1 Registered office of the Society shall be situated at the Office of the Director (IT), Moti Daman, Daman.

3.2 The jurisdiction of the Society shall be the whole of UT Daman & Diu.

S.4 MEMBERSHIP

4.1 The following shall be the members of the Society:

• First members of the Governing Body.
• Following additional ex-officio members of the Governing Body:
  • 1. MD, OIDC, Daman
  • 2. Collector, Diu
  • 3. Director (Education), Daman & Diu
  • 4. Assistant Director (Tourism), Daman
  • 5. CEO, District Panchayat, Daman & Diu.
  • 6. CO, DMC, Daman
  • 7. Scientist ‘E’ & SWAN Project Coordinator, NIC, Silvassa
  • 8. DIO, NIC, Diu
• Following nominated members
  • 1. One IT expert nominated by the Department of Information 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.

4.2 The membership of an ex-officio member of the Society and of the Governing Body shall stand terminated when he/she ceases to hold the office by virt

S.5 AUTHORITIES OF THE DDEGS

5.1 The following shall be the bodies and authorities of the Society:

• Governing Body
• Executive Committee
• Sub-Committees of the Executive Committee, such as Programme Committees

5.2 GOVERNING BODY

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.

5.3 PROCEEDINGS OF

S.5.4.2

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 constructions 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 medals for innovative e-Governance and citizen services applications;

5.4.2.13 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;

5.4.2.14 Do all such acts and things as are incidental or conduc

S.5.5 POWERS AND FUNCTIONS OF THE CHAIR-PERSON OF THE GOVERNING BODY

5.5.1 The Chair-person shall have the powers to call for and preside over all meetings of the Governing Body.

5.5.2 The Chair-person may himself/herself call, or by a requisition in writing signed by him/her, 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.

5.5.4 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.

5.5.5 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 objects of the Society. However, the action taken by

S.5.6 EXECUTIVE COMMITTEE AND ITS SUB-COMMITTEES (Programme Committees)

5.6.1 The Governing Body shall have 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 except those which the Governing Body may specifically specify to be excluded from the jurisdiction of by the Executive Committee.

5.6.2 The composition of the Executive Committee shall be as follows:

S.N	Name / designation	Status in Executive Committee
1	Secretary(IT)	Chairperson
2	Collector, Daman	Member
3	Collector, Diu	Member
4	DIO, NIC, Daman	Member
5	CEO, District Panchayat	Member
6	DS (Finance)	Treasurer
7	Director (IT)	Member Secre

S.6 POWERS, FUNCTIONS & RESPONSIBILITIES OF THE MEMBER SECRETARY

6.1. The Member-Secretary shall be the custodian of the record, the funds of the Society & such other property 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 delegated or assigned to him by the Governing body or the Executive Committee. The Member-Secretary may delegate any of his powers to any of his subordinate with the approval of the Executive Committee.

6.3 The Member-Secretary of Board of Governor and Executive Committee shall 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 Body and maintain a proper record of these meetings in accordance with the provisions of the Bye-laws of the Society.

6.

S.7 ASSETS AND FUNDS OF THE SOCIETY

7.1 The capital cost and corpus fund for the smooth functioning of the society may be contributed by Union Territory Administration, Government of India, contributions from Public sector undertakings, Co-operative institutions, other Public sector organizations and Financial Institutions.

7.2 Sources of income of the Society: The Society will implement the various e-Governance projects and also provide integrated services on behalf of various Government Departments. Therefore, any receipts of the society will consist of the following:

7.2.1 Cash assistance received from the Government of India or Grants-in-Aid from the UT Administration.

7.2.2 Payments against the bills for various services rendered by the Departments which will be transferred by the Society into the accounts of the concerned departments or agency and proper accounts would be maintained;

7.2.3 The fee prescribed by concerned Department of the Government for the certain categories of ser

S.8 ACCOUNTS AND AUDIT

8.1 The Society shall cause regular accounts to be kept of all its money and properties in respect of the affairs of the Society.

8.2 The Executive Committee may cause separate Bank Accounts in respect of each scheme or separate ledgers for each scheme under one account. In such an event, the Governing Body shall prescribe written instructions relating to submission of Statement of Expenditure (SoE) for each scheme. The separate Accounts of different Programmes could be audited by different auditors, and submitted to the Executive Committee separately. However, the Executive committee will ensure one integrated audit of the Daman & Diu e-Governance Society

8.3 The accounts of the Society shall be audited annually by a Chartered Accountant firm included in the panel of Comptroller and Auditor General of India or any qualified person appointed by the Government of India/ Daman & Diu Administration and any expenditure incurred in connection with such audit shall be payab

S.9 BANK ACCOUNT

9.1 The Account of the Society shall be opened in a nationalized or scheduled commercial bank approved by the Executive Committee or in a bank as may be specified by the Ministry of IT, Government of India. All funds shall be paid into the Society's account with the appointed bank and shall not be withdrawn except through a cheque, bill note, other negotiable instruments or through electronic banking (e-banking) procedures signed/electronically authorized by such authorities of the Society Secretariat as may be determined by the Executive Committee.

9.2 The Society shall adopt e-banking procedures as and when the MIT, Government of India directs the Society to do so as the principal donor to the Society.

S.10 ANNUAL REPORT

10.1 A draft Annual Report and the yearly accounts of the Society shall be placed before the Governing Body at next meeting for consideration and approval. A copy of the annual report and audited statement of accounts as finally approved by the Governing Body shall be forwarded within six months of the closure of a financial year to the following:

• Secretary (IT), Daman & Diu
• Chair-person, Governing Body

S.11 SUITS AND PROCEEDINGS

11.1 The Society may sue or be sued in the name of Society through its Member Secretary.

11.2 No suit or proceedings shall abate by the reason of any vacancy or change in the holder of the office of the Chairperson or Member Secretary or any office bearer authorized in this behalf.

11.3 Every decree or order against the Society in any suit or proceedings shall be executable against the property of the Society and not against the person or the property of the Chairperson, Member Secretary or any office bearer of the Society.

11.4 Nothing in sub-rule 11.3 above shall exempt the Chairperson, Member Secretary or office bearer of the Society from any criminal liability or entitle him/her to claim any contribution from the property of the Society in respect of any fine to be paid by him/her on conviction by a criminal court.

S.12 AMENDMENTS

12.1 The Society may amend these Rules provided that such changes shall not alter the nature and / or the objectives and/or the purposes for which it has been set up. The proposals for any amendments shall be carried out only through the following process:

12.1.1 Proposals for amendments have been circulated to all members of the Governing Body and have been duly included in the written agenda of the ensuing meeting of the Governing Body or a special meeting of the Governing Body;

12.1.2 The Governing Body has endorsed the proposal at least 3/5th of the members of the Governing Body; and

S.13 DISSOLUTION

13.1 The Governing Body may resolve to dissolve the Society by bringing a proposal to that effect in a special meeting to be convened for the purpose, provided that the proposal for dissolution has been duly approved/ endorsed through the process prescribed for amendment as set out in Para12.1 of these Rules.

13.2 The dissolution proceedings shall be made in accordance with the provisions of the Act as amended from time to time in its application in the Daman & Diu.

13.3 Upon the dissolution of the society, all assets of the society, after the settlement of all its debts and liabilities, shall stand reverted to the Daman & Diu Administration for such purpose as it may deem fit.

S.14.1.2

No contracts for the sale, purchase or supply of any goods and material shall be made foe and on behalf of the society with any member of the society or his/her relative or firm in which such member or his/her relative is a partner or shareholder or any other partner or shareholder of firm or a private company in which the said member is a partner or director.

S.A Procurement Policy and Procedures

Procurement of goods and services will be organized as per the procedures recommended by the State Society. Commitment made to multilateral/bilateral donor agencies with regard to procurement Procedures under different projects would be honored.

S.B Procedure for release of funds

Withdrawal of funds from the accounts of the society shall be regulated in a manner to be determined by the Governing Body or under its authority by the Executive Committee. The Society funds shall be drawn through cheques and/or bank drafts or through e-banking mechanism as and when the same is introduced.

All cheques shall be signed by two authorized signatories as decided by the Executive Committee

All releases will be made on the basis of a written authorization from the Member- Secretary. Wherever releases are decided to be made through bank drafts and/or through e-banking, the authorization letter to the bank shall be signed by the concerned authorized signatories.

Note: Wherever, under e-banking procedures, releases are to be made through electronic authorization to the bank to issue cheque/draft/account transfer on behalf of the Society, the electronic authorization will be executed by the same two authorized functionaries of the Society secretariat who

S.C Financial Powers of the office Bearers of the Society

Type Of expenditure	Authority	Extent of power
A:Release of funds to implementing agencies as per Daman & Diu Administration approved norms and/or proposals approved by Daman & Diu Administration.	Director (IT)/Member Secretary	Full powers
B: Release of funds for implementation of plans / allocations approved by Governing Body / Executive Committee, as approved by the Executive Committee.
C-1: Procurement of goods	Chairperson, Executive Committee	More than Rs 5.00 lakh and up to Rs.10.00 lakh per case.
C-2 : Repairs and minor civil works	Member Secretary	Up to Rs. 5.00lakh per case.
C-3: Procurement of services for specific tasks including outsourcing of support services for the secretariat of the Society.
D-1: Administrative Approval Financial Sanction for

S.G Human Resources policy and procedures

G-1: Recruitment and Appointment

Recruitment would be through either of the following two routes:

• Appointments from open market: all such appointments will be on contractual basis for fixed tenure.
• Appointments on "Deputation" basis: all such appointments will be regulated in terms of Daman & Diu Administration.

Recruitment would be made by the State Society. All appointments would be temporary and would be made for the contract / deputation period as may be determined by the Daman & Diu Administration.

G-2 Terms of appointment (applicable to Society staff and Consultants)

S.G-3 Compliance of Statutory Requirements:

The terms of appointment of the staff of the Society shall be regulated in terms of the guidelines that may be provided by the Daman & Diu Administration.

The Society shall register itself with relevant government agencies for the purpose of complying with the statutory requirements including regulations governing deduction of tax at source relating to the staff, consultants and experts employed by it and/or consultancies /contracts awarded by it in the course of performance of its tasks.

S.13.3

Upon the dissolution of the Society, all assets of the Society, after the settlement of all its debts and liabilities, shall stand reverted to the Daman & Diu Administration for such purposes as it may deem fit.

S.14 MISCELLANEOUS

S.14.1 CONTRACTS

14.1.1. All contracts and other instruments for and on behalf of the Society shall be subject to the provisions of the Act, be expressed to be made in the name of the Society and shall be executed by the Member Secretary or any other persons authorised by the Governing Body.

14.1.2 No contracts for the sale, purchase or supply of any goods and material shall be made for and on behalf of the Society with any member of the Society or his/her relative or firm in which such member or his/her relative is a partner or shareholder or any other partner or shareholder of a firm or a private company in which the said member is a partner or director.

S.14.2 COMMON SEAL

14.2.1 The Society shall have a common seal of such make and design as the Governing Body may approve.

S.14.3 GOVERNMENT POWER TO REVIEW

14.3.1 Notwithstanding anything to the contrary contained in these Rules, the Daman & Diu Administration and/or Ministry of IT may appoint one or more persons to review the work and progress of the Society and hold enquiries into the affairs thereof and report thereon. The Central Government may also cause the accounts of the Society to be audited by the internal audit parties of the Chief Controller of Accounts, Department of IT, GoI or do Management Audit through the Financial Management Group, and issue directions, as deemed appropriate, to the Society.

14.3.2. The Chair-person of the Governing Body shall have the right to nominate one or more persons to be part of the review / enquiries.

14.3.3 The progress review reports and / or enquiry reports shall be included in the written agenda of the ensuing meeting of the Governing Body.

14.3.4 The Union Territory Administration may give the Society such directions in regard to the grants and funds, as in its opin