download :- Serchhip DeGS - MoA

Chapter 1 – PRELIMINARY

1. Name - The Society shall be called District e-Governance Society, Serchhip District. It shall hereinafter be referred to as “Society”.

Chapter 2 – AIMS AND OBJECTIVES

1. The Society is established to promote e-Governance in Serchhip District. Accordingly the Society will have the following objectives:-

• To ensure a close co-ordination with all the participants and the external agencies involved.
• To prepare the installation sites and handling over of them to Implementing Agency.
• To ensure participation and support from all the associated sections and employees of the district administrations.
• To identify the staff, who need to undergo training at various levels.
• To review the installation, commissioning and maintenance of the application software.
• To take steps to mitigate any such potential risks that might surface during the course of the project.
• To monitor the overall progress of the project.
• Handle Change Management.
• Liaison with the Implementation Partner team and the Consultant Partner.

All the incomes, earnings, moveable or immovable properties of the society shall be solely utilized and applied to words the promotion of its aims and objects only as set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profit or any manner whatsoever, to the present or past members of the society or to any person claiming through any one or more of the present or the past members. No members of the society shall have any personal claim on any movable or immovable properties of the society or make any profit, whatsoever, by virtue of his membership.

The management of affairs of society is subject to the regulation of the Governing Body whose Name, Address; Occupation & Designation in the Society are set out here under namely;

DECLARATION

Desirous person:

In pursuance of Government of Mizoram, Department of Information & Communication Technology notification No. B.16013/1/2008- PLG(ICT) pt-I dated 16^th September,2011(enclosed at Annexure), the following persons whose Name, Address, occupation and designation in the society are as under, all being of the legal age and by virtue of General Law of Union of India and in accordance with the Mizoram Society Registration Act, 2005; hereby associated ourselves with the intentions of forming a Society under the Name of DISTRICT e-GOVERNANCE SOCIETY, SERCHHIP DISTRICT and in pursuance of this Memorandum of Association file a Certified Copy of the Rules & Regulation of the said Society.

Chairman
RULES AND REGULATIONS OF SERCHHIP DISTRICT e-GOVERNANCE SOCIETY

SERCHHIP DISTRICT

Registration No. ____________

Chapter 1- PRELIMINARY

1.1 Name - The Society shall be called District e-Governance Society, Serchhip District. It shall hereinafter be referred to as “Society”.

1.2 Address - The registered office of the society shall be situated in Serchhip District. Its present address is D.C, Office Serchhip. Change in address will be notified from time to time.

1.3 Area of Operation - The operational jurisdiction of the Society shall extend to the whole of Serchhip District.

1.4 Definitions -

In these regulations, unless the context otherwise requires, -

• “Act” means the Mizoram Society Registration Act, 2005;
• “Board of Directors” shall mean the Body constituted under these Regulations and entrusted with the management of the affairs of the Society. It shall hereinafter be referred to as “Board”.
• “General Body” shall mean all the members of the society and the office bearers. Meeting of this Body after fulfilling the quorum shall be referred to as “General Body Meeting”;
• “Financial year” means 12 months commencing from 1st April of the year and ending on 31st March of the following year;
• “Registrar” means Registrar of Societies appointed under Section 4 of the Act.
• “Regulations” means the rules and Regulations of the Society as registered under the provisions of the Act and the Rules;
• “Rules”, means the Mizoram Society Registration Rules, 2006 made under the Act;
• “State Government” means the State Government of Mizoram; and
• “State” means the existing State of Mizoram.
• “District” will mean the Serchhip District.
• “Kiosk” will mean Common Service Center and/or any other approved Kiosk established in the District.

1. 5 Words and expressions used in these Regulations and not defined herein but defined in the Act and the Rules shall have the same meaning as assigned to them in the Act and the Rules.

Chapter 2 - MEMBERSHIP

2.1 Admission of Members: The members shall be appointed by State Government from time to time.

2.2 Register of members: The Society shall maintain a register of its members and shall enter therein the name, address, date of enrolment and date of termination of the members

2.3 Tenure of Membership: The period of the membership of the Society shall be as decided by State Government from time to time.

2.4 Termination/Cessation of Membership:

(i) Membership shall stand terminated in the event of death of the member; transfer his becoming of unsound mind, or resignation from membership if accepted, and conviction in a criminal offence.

(ii) Membership shall cease if in the opinion of the Board a Member is guilty of unbecoming conduct in relation with the Society.

2.5 Re-Admission: In case, any member of the Society is expelled by the Governing Body on any ground, he can be readmitted as decided by State Government

Chapter 3 - FUNDS AND PROPERTY

3.1 Funds of the Society shall consist of -

• User charges collected for e-Governance services from the Kiosks.
• Grants and subsidies from Governments including State Government, Government of India, and national/international organizations.
• Donations and other voluntary contributions from members, non member, individuals and organizations;
• Loans from financial institutions and others as may be contracted by the Board from time to time, subject to the approval of the State Government; and
• Any other mode of fund raising; as agreed upon by the Board and subject to approval of the State Government; to meet the aims and objectives of the Society.

3.2 Property: All the movable and immovable property acquired from the funds mentioned herein above shall be registered in the name of the Society. Immovable properties shall not be purchased, sold, mortgaged or transferred without resolution of the Board to this effect, the prior permission of the State Government.

Chapter 4-GENERAL BODY DEFINED

Constitution of General Body may be made if it is so desired by the State Government

Chapter 5-GENERAL BODY

• Notice :- Minimum 5 days notice shall be given to the members, before the date of General Body Meeting, enclosing agenda specifying date, time, place and issue to be discussed
• Meeting: - General Body meeting shall be held at least once in every year.
• Quorum: - The quorum of General Body Meeting be 2/3 (two-third) of the total strength of the General Body members of the society.

Chapter 6 – BOARD OF GOVERNORS

6.1 Nos. of Members shall be as per notification issued by State Government.

6.1 The supreme authority of the Society shall vest in the Board of Governors.

6.2 There shall be an Annual Meeting of the Board of Governors of the Society once in every financial year at such date, time and place as may be decided by the Chairman. Chairman, in his/her absence the Vice Chairman, shall preside over the meeting.

6.3 A notice for the Board of Governors Meeting shall be issued at least 5 days in advance.

6.4 The quorum of the Meeting shall be one third (2/3) of the total number of members.

6.5 The Board of Governors will have the following composition: -

6.6 The following matters shall be dealt with by the Board of Governors: -

• To consider and adopt the audited annual financial statements of the Society;
• To consider and approve the annual budget of the Society for the next financial year.
• To consider and approve the Annual Report of the Society;
• To consider and approve any other matter referred by the Board;
• To approve the Society structure and to decide emoluments and service conditions of employees, if any.

Chapter 7 – EXECUTIVE COMMITTEE

7.1 The business of the Society, as per its aims and objectives, shall be managed and carried out by the Executive Committee. It shall undertake all such activities as are necessary for the purposes illustrated in the Regulations.

7.2 The Executive Committee will have the following composition: -

7.3 Chairman, in his/her absence the Vice Chairman, shall preside over the meeting. 1/3 of members shall form the quorum for Executive Committee Meeting. Executive Committee Meeting shall be held ordinarily once in every financial year or more as decided by Chairman.

7.4 The period of the membership of the Executive Committee shall be as decided by State Government from time to time.

7.5 Cessation of members –

• Membership shall stand terminated If he dies, resigns, becomes insane or is convicted of a criminal offence or transfer to other station;

7.6 In case the tenure of the Executive Committee expires, it shall continue to function as a caretaker Executive Committee until another Executive Committee is constituted State Government.

7.7 The Executive Committee will meet on a notice served to the members Five days before the appointed date. In urgent cases, the Chairman may exercise his/her discretion for calling the Meeting before the mandatory Five days notice period.

7.8 The Executive Committee shall exercise all financial and administrative powers to control and regulate the activities of the Society and shall also have powers and duties as under subject to approval of Board of the Governors shall be obtain: -

• To frame general guidelines for providing Citizen Service.
• To raise funds and other resources for the activities of the Society.
• To make rules, manage and maintain the properties and funds of the Society.
• To prepare and pass annual report and statement of accounts and to place them before the Board of Governors for approval.
• To pass the budget of the Society for the ensuing financial year and place it before the Board of Governors for approval.
• To frame guidelines regarding hiring of services of IT professionals/ technical advisors/consultants.
• To delegate any of its powers and functions to the Chairman.
• To arrange and send to the Registrar annual returns and audited statement of income and expenditure and balance sheet as required under Section 27 and 28 of the Act and rule 11 of the Rules;
• To recommend amendment to the Regulations for being adopted for approval by the Board of Governors as per provisions in section 10, 12 and 13 of the Act and rule 9 of the Rules in this regard;
• To perform all such other functions as are necessary for conducting the business of the Society.

Chapter 8 - POWERS AND DUTIES OF OFFICE - BEARERS

8.1 Chairman of the Board - The Chairman shall exercise general control and supervision over working of the Society. In case of emergency, he/she shall have power to take decisions, which may be urgently required to be taken in the best interest of the Society and to place them for confirmation at the ensuing meeting of the Board. Chairman shall preside over the meetings of Board.

8.2 Vice Chairman of the Board - In absence of the Chairman. the Vice Chairman shall act as the Chairman and perform the ordinary duties of the Chairman.

8.3 Member secretary -

(a) Member Secretary will summon and attend the meetings of Governing Body and General Body.

(b) Member Secretary will prepare the membership register as well as the proceeding register to record the minutes of the proceedings of the Governing Body Meetings and have them duly signed by the members who attend the meetings.

8.4 Financial Controller:

• Financial Controller will be appointed by the Board of Directors, on mutually agreeable terms and conditions;
• Board of Directors shall be the disciplinary body for him/her. He/she shall work under the overall supervision of the Chairman.
• He/she shall be responsible for maintaining funds, properties and accounts of the Society as per law and directions of the Board.

8.5 Bank Account and its Operation:

The Society shall have the bank Account in its name either in Nationalized Bank or any other Scheduled commercial bank and all the operation of such account shall be jointly by the Chairman and Member Secretary. Financial Controller will keep the daily account of the withdrawals, deposit and account of the day to day expenditure. The Financial Controller will keep the cheque books in the name of the Society in safe custody. If the Financial Controller is not appointed, Chairman will functions as Financial Controller of the Society.

8.6 Accounts and Audit

a. The Member Secretary or the Chairman, in the absence of Financial Controller shall keep or cause to be kept proper accounts of the receipts and payments, income and expenditure and of the property, assets and liabilities of the Society. The Annual Accounts shall be made up by the end of the financial year;

b. The Accounts of the Society shall be audited annually by the Auditors appointed by the State Government and any expenditure incurred in connection with such audit it payable by the Society to the Auditors.

c. The report of such auditor shall be communicated by the auditor to the Society which shall submit a copy of the audit report along with its observation to the Department of Information & Communication Technology as well as Firms and Society, Serchhip. The Auditor shall also forward a copy of the report to the Finance Department, Government of Mizoram.

CHAPTER 9 - ELECTION

There shall not be required election as the board is constitute by the State Government

CHAPTER 10 – AMENDMENTS

Any amendment in Memorandum and Rules & regulation will be carried out in accordance with section 9 of the Mizoram Societies Registration Act, 2005.

Chapter 11 - GENERAL

11.1 In case where, a notice is to be given, posting the notice to the last known address of the members/persons concerned under Postal Certificate shall be deemed sufficient for the purpose.

11.2 No act done by the Board of Governors shall be deemed invalid by reason of any defect in their constitution or by reason of any vacancy therein not having been filled in accordance with the Regulations.

11.3 Unless otherwise decided by the Board of Governors of the Society, the Members of the Board of Governors/ Executive Committee will hold the office till they hold the Office in the District which make them eligible for the same and will not be entitled to gain any remuneration, allowances, financial advantage or benefit by virtue of their holding their office in the Society. However the actual expenses incurred in connection to the Work/Business of the Society shall be reimbursed on actual basis.

11.4 Emergency powers of the Registrar: In case the society fails to call meeting at least once in every financial year the Registrar, Firms and Societies, can call the meeting and also decide the agenda.

11.5 Disputes: The Chairman of the Board shall have the powers to settle any disputes arising out of the functioning of the Society. In case the concerned parties are not satisfied with the settlement, they can appeal against the orders of the Chairman to the Registrar. Decision of the Registrar shall be final and binding on all the parties concerned.

11.6 Information to be sent to Registrar: Under the act 27 of regulation, the Society will inform about the date of General Annual meeting in prescribe format, 15 days before in advance and keep this notice in file. Society will also send examined account under the act 28.

Chairman