RULES AND REGULATIONS

(Until the common Rules & Regulations of the merged C-DAC comes into effect, C-DAC Mumbai follows the Rules & Regulations of formerly NCST)

1. Interpretation

In these rules, unless the context otherwise requires:

1. The Centre means the National Centre for Software Technology.
2. The Council means the Governing Council of the Centre.
3. The Chairman means the Chairman of the Governing Council of the National Centre for Software Technology.
4. The Director means the Director of the National Centre for Software Technology.
5. Year means the period of twelve calendar months beginning from the first day of April and ending on the thirty-first day of March.

2. Society and the Council

Subject to these rules and such rules as may hereafter be made from time to time by the Council, the administration and management of the Centre shall vest in the Council which will be assisted by the Director.

2.1 Membership of the Society

1. Membership of the Society will initially consist of the seven persons signing the Memorandum of Association.
2. The Ministry of Information Technology (MIT), Govt. of India may invite
   
   1. Scientists or Technologists in the area of Computers, Computer Software and related fields,or
   2. Others interested in planning, supporting and managing research and development in the Computer, Computer Software and related areas to join the Society as Members.
3. The term of Members of the Society shall be three years, but the inviting authority shall have the powers to reinvite outgoing Members to join for additional terms, three years at a time.
4. Membership in the Society shall be available only on invitation, as specified above.
5. Vacancies created by expiry of terms of Members, resignation, etc., will be filled by new Members as per (a) and (d) above.

2.2 Annual General Meeting

1. There shall be at least one General Body Meeting of the Society every year.
2. The Chairman of the Governing Council shall be the Chairman of General Body Meetings, except in his absence, when the Chairman shall be a member nominated by him to be the Chairman in the occasion.
3. The notice of the meeting, signed by the Secretary of the Council, shall be sent at least 15 days prior to the date of the meeting. The period of notice may be reduced at the discretion of the Chairman.

3. Constitution of the Council

(Amended in the 27th Council Meeting on 8.12.99 R3/12/99)
The Council shall have nine members as follows:-

1. Secretary, Ministry of Information Technology, Chairman
2. The Integrated Financial Adviser of Ministry of Information Technology (MIT).
3. Three distinguished scientists or technologists nominated by members of the Society.
4. A distinguished computer scientist or technologist outside Government employment.
5. A senior distinguished technical professional from a computer or software company, or company-like-agency.
6. An officer of the Ministry of Information Technology, Government of India, who deals with C-DAC, Mumbai matters.
7. Director of the Centre, Member Secretary.
8. The Chief Administrative Officer of the Centre, designated for the purpose (referred to as DSAO in the following pages), shall be the nonmember-secretary to the Council.

3.1 Annual Meeting of the Council

(Ammended in the 1st GC/19/06/85)
The Council shall meet at least twice every year, and adopt the accounts for the preceding year in one of these meetings. The quorum for meetings shall be three and the meeting shall be presided over by the Chairman. In the absence of the Chairman, the meeting shall be presided over by a Council member authorised to do so by the Chairman. The notice of the meeting, signed by the Secretary of the Council, shall be sent at least 15 days prior to the date of the meeting. The period of notice may be reduced at the discretion of the Chairman of the Council.
3.2 Duration of Membership of Council

When a person becomes a member of the Council by reason of the office or appointment he holds, his membership of the Council shall terminate when he ceases to hold that office or appointment. Other members shall hold office for 5 years unless the members resign, or the authority which nominated them terminates their membership earlier, which they will have the power to do. The nominating authorities, the Governing Council and the Members of the Society shall have the authority to reappoint outgoing Council members whom they had nominated earlier, at their discretion, for additional terms, five years at a time.
3.3 Secretary to the Society

The DSAO (as defined in Sec.3 above) shall be the ex-officio (non-member) Secretary to the Council. He shall act as the Recorder to the Council and shall have charge of all documents of the Centre, and communicate the minutes of all Council meetings to the members. He will also act as a Secretary and Registrar to the Society.
3.4 Vacancies

When a vacancy occurs through death, resignation or other reason, in the office of a member of the Council who has a membership on the basis of the office or appointment he holds, such vacancy shall be filled by a person nominated by the concerned nominating authorities.

4. Vacancy not to Affect Proceedings

If any vacancy in the office of a member of the Council has occurred, the continuing members shall act as if no vacancy had occurred and no act or proceedings of the Council shall be deemed to be invalid merely by reason of a vacancy in the Council or of a defect in the appointment of a person acting as a member. The Council shall, however, make an effort to ensure that vacancies are filled as soon as possible.

5. Council to be Executive Body of the Centre

The Council shall be the executive body of the Center and subject to the provisions of these rules, the Council shall conduct the administration and management of the Centre with the assistance of the Director.

6. Framing of Bye-Laws and Powers of the Council

6.1 Framing of Bye-Laws

The Council may frame bye-laws from time to time not inconsistent with these Rules and Regulations of the Centre and may in particular provide for the following matters:

1. Conduct of business and the procedures to be adopted at meetings of the Council and the quorum for such meetings;
2. Finance and Accounts of the Centre;
3. Term and tenure of appointments, emoluments, allowances, and other conditions of service of the officers and employees of the Centre;
4. Rules regarding discipline, suspension and dismissal of the officers and employees of the Centre;
5. Powers, duties and functions of the officers and employees of the Centre;
6. Execution of contracts and other instruments on behalf of the Centre;
7. Establishment and maintenance of pension, provident or other funds for the benefit of the officers and employees or for the purpose of the Centre;
8. Conduct and defence of legal proceedings and the manner of signing pleadings;
9. R & D and other activities of the Centre.
10. Such other matters as may be necessary for the administration of the Centre.

6.2 Powers of the Council

The powers of the Council shall include the following:

1. To accept remuneration for consultancy, design, development, technology transfer, implementation of computer systems/networks, pilot/batch production, sharing of R & D facilities, education and training or any related activities.
2. To receive grants, loans, subscriptions, donations or other financial contributions from within the country and/or abroad subject to prevailing laws, and to invest and deal with funds and monies of the Centre and to vary, alter or transfer such investments from time to time.
3. To purchase, take on lease or hire, or otherwise acquire temporarily or permanently any movable or immovable property necessary or convenient for the furtherance of objectives of the Centre.
4. To sell, mortgage, lease, exchange and otherwise transfer or dispose off, or deal with all or any property, movable or immovable, including software, for the furtherance of objects of the Centre.
5. To construct, maintain, alter, improve or develop any building or works necessary or convenient for the purpose of the Centre.
6. To accept gifts, donations of cash and securities and of any properties either movable or immovable.
7. To do, and get done, all such other lawful things, as are conducive or incidental to administration of the Centre and the attainment of the above objects.

7. Officers and Employees

Subject to the provision of these Rules, the staff of the Centre will consist of:-

1. Director
2. Technical Staff (Scientists and Engineers)
3. Administrative and Supporting Staff

8. Appointment of Director

The appointment of the Director shall be made by invitation by the Council. Subject to the provisions of Rule 10, the Director shall normally hold office for a period not exceeding five years at a time. His emoluments, allowances, and other conditions of service shall be fixed by the Council. Membership of the Council shall not bar a person form being eligible for consideration to be the Director of the Centre. He shall, however, withdraw from the Council during discussions in this regard.

8.1 Power of Delegation

The Director may delegate some of his powers, functions and duties to members of staff of the Centre. He may also delegate all his powers, functions and duties to a senior member of staff when he is on leave, or is away on duty.

9. Appointment of Technical Staff

9.1 Period of Service

Members of staff of C-DAC, Mumbai, excepting those appointed on a temporary basis and those appointed explicitly on a contract basis, shall be appointed with a one year probation period. At the end of this period, probation may be extended but for not more than one year. At the end of the probation period, on the basis of an evaluation of the individual's performance during probation, the Director may offer the staff member continuing appointment in C-DAC, Mumbai till the age of superannuation, namely 60 years. A staff member having a continuing appointment at C-DAC, Mumbai, at the end of service as Director, shall have the option to revert to the prior appointment.

9.2

All senior appointments in C-DAC, Mumbai in certain senior grades to be specified from time to time by the Council, will be made by the Council on the recommendations of the Director. The Director would follow a process of selection consistent with any guidelines laid down by the Council. All other appointments shall be made by the Director on the recommendations of the appropriate committees constituted by him in accordance with any guidelines laid down by the Council.

9.3 Extension Beyond Superannuation

This may be granted by the Council to a member of the staff, in special circumstances, in accordance with the guidelines laid down by the Council from time to time, but in no case beyond the age of 65 years provided the Council is satisfied that the services of the member are absolutely essential for the activities of C-DAC, Mumbai. Such extensions will not, however, be given for more than 2 years at a time, and such extensions will not be given beyond the age of 62 years in respect of administrative and supporting staff.

9.4 Termination of Service

9.4.1 Notice of termination:

Apart from any provisions that may be made in Bye-laws of disciplinary action, including termination of service, the service of any member of staff may be terminated by either party giving to the other not less than three months notice in writing to terminate it, except during the period of probation, when the period of notice shall be one month. Bye-laws framed by the Council may provide for dealing with a variety of contingencies on termination of service such as handling of leave due to the credit of the employee, and conditional acceptance of shorter notice than normal.

10. Clause deleted 1st GC/19/06/85

11. Appointment of Administrative and Supporting Staff

The administrative and supporting staff as well as other miscellaneous staff of the Centre shall be appointed by the Director or by an Officer to whom the power has been delegated by the Director.

12. Properties and Funds vested in the Council

The properties and funds of the Centre vested in the Council shall consist of:-

1. Grants made by the Government of India;
2. All machinery, plant, equipment and instruments (whether computers, computer systems, computer networks, related communication systems, computer based equipment, software, laboratory, workshop, computer centre or otherwise), books and journals, furniture, furnishings and fixtures belonging to the Centre; and
3. Gifts and donations of cash and securities and of any properties either movable or immovable.
4. Funds earned by the Centre, for services made available to external agencies.
5. All land, buildings, parts of buildings, installations, and movable properties, including vehicles purchased by the Centre or otherwise acquired, in perpetuity or on lease.

13. Budget and Accounts

1. The Council shall frame the Annual Budget before the end of March every year and forward copies thereof to the Ministry of Information Technology (MIT), Govt. of India, and to other authorities as specified by the law.
2. The accounts of the Centre shall be audited annually by a Chartered Accountant or Accountants as defined in the Chartered Accountants Act, 1949 (XXXVIII of 1949) appointed for the purpose by the Council in consultation with the Comptroller and Auditor General of India, and other authorities as specified by the law.
3. All the incomes, earnings, movable and/or immovable properties of the Society shall be solely utilised and applied towards the promotion of its 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 members of the Society or to any person or persons claiming through any one or more of the members. No member of the Society shall have any personal claim on any movable and/or immovable properties of the Society or make any profit, whatsoever, by virtue of his membership. The provisions in this para shall not, however, prohibit any member of the Society from being its employee and receiving salaries, allowances, bonus and other compensations in his capacity as an employee as per Rules, Regulations and Bye-laws in force.
4. All necessary financial documents, as and when required by the Comptroller and Auditor General of India, or by other authorities empowered by law, shall be produced for inspection.

13.1 Depositing Monies of the Centre

Monies forming part of funds of the Centre vested in the Council shall be deposited in the name of the Centre either in one or more nationalised bank(s) or invested in any suitable schemes of Unit Trust of India permitted under the Public Trusts Act. However, monies received as a Government grant towards capital or recurring expenses of C-DAC, Mumbai shall not be deposited in anything other than a bank account in a nationalised bank.

14. Annual Report

The Director shall submit a report on the working of the Centre annually, as approved by the Council, to the Government of India. Such report shall contain in particulars regarding the work of the Centre during the previous year. He will similarly submit to the Ministry of Information Technology, annually, a balance sheet duly audited showing the income and expenditure of the Centre during the preceding year.

15. Alteration of Rules

These Rules may, from time to time, be altered, added to and modified by the Council subject to the consent of the Govt. of India, and the Rules (so altered, added to and modified) shall operate from such date (with retrospective effect or otherwise) as shall be notified by the Council.

16. Legal Action

The DSAO may sue or be sued in the name of the Society in all legal proceedings. He will act on the advice of the Director.

17. Seal of the Society

The DSAO is authorised to execute all documents and contracts and to put in the Seal of the Society on such documents on the advice of the Director. The custody of the Seal would be with DSAO.

18. Visitor

The Secretary, Ministry of Information Technology (MIT), Govt. of India shall be the Visitor of the Centre. The Visitor shall have the power to ask the Centre to provide information, reports and accounts at his discretion. He shall also have the authority to constitute a committee to enquire into any aspect of the working of the Centre. The Visitor can direct the Council of the Centre to have a special meeting to deal with any special matters that he has enquired into.

19. Dissolution

The Society may be dissolved in accordance with provisions of Section 13 of the Societies Registration Act (Act No. 21 of 1860) after obtaining the previous consent of the Govt. of India in that behalf.

If upon the dissolution of the Society, there shall remain, after satisfaction of all its debt and liabilities, any property whatsoever, the same shall not be paid or distributed among the members of the Society. In the event of dissolution being planned, the Council shall have the power to transfer the remaining property to the Govt. of India to be utilised for any of the purposes referred to in Section 1 of the Societies Registration Act (Act No. 21 of 1860).