Puducherry State Water and Sanitation Mission (PSWSM)” in the Union t erritory of Puducherry .

Registered No. TN/PMG(CCR)/42/2012-14

WPP No. 88(556) Registered with the Registrar of Newspapers for India under No. M. 8270

Dated : 13-2-2013

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No. 12 Poudouchéry Mercredi 13 Février 2013 (24 Magha 1934)

No. Puducherry Wednesday 13th February 2013

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (PUBLIC WORKS)

(G.O. Ms. No. 3, dated 12th February 2013)

ORDER

As envisaged in the modified guidelines on National Rural Drinking Water Programme, issued by the Government of India, the Government of Puducherry has constituted "Puducherry State Water and Sanitation Mission (PSWSM)" in the Union territory of Puducherry vide the G.O.Ms.No.29, dated 17-10-2012 of Chief Secretariat (Public Works), Puducherry which shall be a registered Society, functioning under the aegis of the Public Works Department, Puducherry.

The Bye-Laws of "Puducherry State Water and Sanitation Mission" given hereunder:

[ 175 ]LA GAZETTE DE L'ETAT [ PART-I 176 176

GOVERNMENT OF PUDUCHERRY

PUBLIC WORKS DEPARTMENT

PUBLIC HEALTH DIVISION

National Rural Drinking Water Programme

PUDUCHERRY STATE WATER AND SANITATION MISSION

BYE-LAWS

PREAMBLE

The Government of Puducherry Administration shall be the Governing Body for the State Water and Sanitation Mission. It shall function under the guidance of the Honourable Chief Minister of Government of Puducherry.

The Council of Ministers and elected representatives of the people will normally form a part of the Governing Body. However, due to administrative status of the Union territory being different from the neighbouring state of Tamil Nadu, the executive arm of the Government shall initiate the process of the State Water and Sanitation Mission (SWSM)

For this purpose, the State Water and Sanitation Mission shall function with two separate units, i.e., two Regional Committees one in Puducherry Region and the other in Karaikal Region, in order to provide parity.

The Chief Secretary of Puducherry Administration will be the Chairman of the Society. The purpose and programmes of the two Regional Committees are one and the same. For the sake of administrative convenience, the Secretary, Public Works Department will be Co-Chairman for the Society. The application for the issue of registration under the relevant Act is exclusively intends for both Pondicherry Region and Karaikal Region.

MEMORANDUM OF ASSOCIATION

1. Name of the society.— This society shall be called as "Puducherry State Water and Sanitation Mission".

2. Address of the registered office.— The address of the registered office of Puducherry State Water and Sanitation Mission and the Executive Committee in Puducherry Region and in Karaikal Region are:

The Chief Engineer, Public Works Department, Puducherry.

The Executive Engineer, Irrigation and Public Health Division, Public Works Department, Karaikal.

The Executive Engineer, Public Health Division, Public Works Department, Puducherry.

3. Aims and objectives of the society.— The aims and objectives of the society enumerated for the betterment of the rural population shall be as follows:

(a) The Society shall play the role of a front-line agency, an Advisor, Co-ordinator, Planner, Supervisor and Facilitator for the implementation of Water Supply Project and Total Rural Sanitation Project in the Region.

(b) Main components of the Projects are provision of drinking water supply to the rural habitations, provision of institutional latrines, house hold latrines and community latrines, food and family hygiene, rural sullage and garbage disposal system and to improve the standard of rural health.

(c) To improve the quality of rural water supply and environmental sanitation through sustainable and demand-driven system of community participation.

(d) Mobilisation of rural community and generating felt need through awareness creation for health, hygiene and sanitation, to improve the standard of health for the rural population.

(e) Promote and adoption of a demand-driven approach and participatory approach to service delivery through maximum empowerment of villagers in decision- making on the choice of service levels in the field of Water and Sanitation.

(f) Providing assistance to Commune Panchayats in selection of schemes and efficient monitoring and to serve as an evaluating agent to ensure high quality construction and sustainability of investments.

(g) Formulation and Management of Project Implementation Cell in the State and ensuring that the project development objectives are achieved in the State. Selection of private sector agencies on a competitive basis and signing Memorandum Of Understanding (MOU) with them for project implementation and overall supervision.

(h) Sensitizing the Panchayat Raj functionaries, related Government Officials, local opinion makers and public representatives regarding the merits and modalities of the community managed programme and inculcate in them to raise the challenges faced by the rural folk for better life and encourage them to be a participant in this endeavour.

(i) Formation of Village Level Water and Sanitation Committee (VLWSC) at every Commune Panchayat level. This Committee shall function as a Standing / Subject Committee on Water and Sanitation of the Village Panchayat. In case a scheme encompasses more than one Commune Panchayat, a similar Committee may be constituted under the Block level.

(j) Analysis and identification of the villages to be taken up in various phases depending on demand by the beneficiaries and the available resources (a) For Water Supply each phase may comprise of formulation of new schemes, augmentation and rejuvenation of the existing system and handing over of the complete system to Commune Panchayats (b) For Sanitation - The phase may comprise of setting up of Rural Sanitary Mart (RSM) / Production Centre (PC) as an alternate delivery mechanism for achieving Total Sanitation Campaign (TSC).

(k) Strengthening Village Saba and Local Body institutions promoting their participation and full involvement of poor and weaker sections of society, especially the women in community development.

(l) Capacity Building of rural women by involving them in making project activities sustainable.

(m) Provision of need - based services with active involvement of user community and sustainability of institutional structure and availability of backup services by training local masons, use of low cost and appropriate technology and formation of Rural Sanitary Mart (RSM) and Production Centres (PC)/ Total Sanitation Campaign (TSC).

(n) Phased implementation of appropriate policy and institutional reforms with stress on sustainability in which existing schemes will be integrated with active community participation including cost sharing.

(o) Covering all schools in rural areas with sanitation facilities and imparting education about health, hygiene and environmental sanitation to school students including Anganwadi children.

4. Board of management /governing body.— The Board of Management of the Puducherry State Water and Sanitation Mission is the Governing Body which shall consists of 18 members constituting the Apex Committee. The Designation of the Governing Body/Apex Committee members are furnished below:

Sl. Occupation Designation No.

(1)

(2)

(3)

1 Chief Secretary Chairman

2 Secretary, Finance Member

3 Secretary, Public Works Department Member-Secretary

4 Secretary, Local Administration Member

5 Secretary, Health Member

6 Secretary, Education Member

7 Secretary, Information and Publicity Member

8 Secretary, Rural Development Member

9 Collector , Puducherry Member

10 Collector , Karaikal Member

11 Project Director, DRDA Member

12 Chief Engineer Member

13 Director, Local Administration Department Member

14 Superintending Engineer-II, Public Works Member

Department, Puducherry.

15 Superintending Engineer-III, Public Works Member

Department, Puducherry.

16 Director of Social Welfare Member

17 Director of Health Member

18 Co-Opted Member MemberPART-I ] LA GAZETTE DE L'ETAT 179 5. Certificate.— (a) Certified that the Society is formed with no profit motive and no commercial activities are involved in its working.

(b) Certified that the members of the Society will not be paid any remuneration from and out of the funds of the Society.

(c) Certified that no agitational activities are involved in its aims and objectives of the Society.

We, the several persons whose names and addresses are given below being associated ourselves with the purpose described in the memorandum of society, do hereby subscribe our names to this memorandum of society and set out several and respective hands and desirous of being formed into a society under the Society Registration Act XXI of 1860 of this day.

Sl. Occupation Designation No.

(1)

(2)

(3)

1 Chief Secretary Chairman

2 Secretary, Finance Member

3 Secretary, Public Works Department Member-Secretary

4 Secretary, Local Administration Member

5 Secretary, Health Member

6 Secretary, Education Member

7 Secretary, Information and Publicity Member

8 Secretary, Rural Development Member

9 Collector , Puducherry Member

10 Collector , Karaikal Member

11 Project Director, DRDA Member

12 Chief Engineer Member

13 Director, Local Administration Department Member

14 Superintending Engineer-II, Public Works

Department, Puducherry. Member

15 Superintending Engineer-III, Public Works

Department, Puducherry. Member

16 Director of Social Welfare Member

17 Director of Health Member

18 Co-Opted Member Member

6. Bye-Laws.—

(1) Name of the Society : Puducherry State Water and Sanitation Mission.

(2) Address of the Society : Puducherry State Water and Sanitation Mission.

(3) Date of Formation of the : …………………………….………………….…

Society.

(4) Business Hours of Society : …………………………….…………………….

(5) Jurisdiction of the Society : ………………………………………………….

The area of operation of the society is the rural areas of the Puducherry Region/Karaikal Region.

(6) Objective of the Society.— (i) Promotion and adoption of a demand driven approach and participatory approach to service delivery through maximum empowerment of villagers in decision-making on the choice of service levels in the field of Water and Sanitation.

(ii) Providing assistance to Panchayats in selection of schemes and efficient monitoring and to serve as an evaluating agent to ensure a high quality construction and sustainability of investments.

(iii) Formation and Management of Project Implementation Cell in the region and ensuring that the project development objectives are achieved in the region. Selection of private sector agencies on a competitive basis and signing Memorandum Of Understanding (MOU) with them for project implementation and overall supervision.

(iv) Sensitizing the Panchayat Raj functionaries, related Government officials, local opinion makers, and public representatives regarding the merits and modalities of the community managed programme.

(v) Formation of Village Level Water and Sanitation Committee (VLWSC) at every Commune Panchayat (CP) level. This committee shall function as a Standing/Subject Committee on Water and Sanitation of the Village Panchayat. In case a scheme encompasses more than one Commune Panchayat (CP), a similar Committee may be constituted under the Block level.

7. Definition.—Under these rules unless the context otherwise requires:

(i) Committee means Governing Body, the body with whom the officers of the society are employed.

(ii) General body means the General Body of the Society for the time being.

(iii) Members shall mean persons whose names are entered in the register of members of the General Body and inclusive of members of the Governing Body/PSWSM and shall be individual persons and institutions.

(iv) The Society means the Puducherry State Water and Sanitation Mission (PSWSM).

(v) Year means the financial year of the Society starting on the 1st of April and ending 31st March of every year.

8. (i) There is no entrance fee or annual subscription for the members. The right of admission of any new member is vested in the Governing Body of the Society. The members of the Puducherry State Water and Sanitation Mission (PSWSM) will be the members of the Governing Body also.

(ii) If any member of the society is not in a position to attend the proceedings/meetings of the Society by virtue of official engagements, a substitute member in his place may be nominated by him and such nominee shall be entitled to take part in the proceedings of that meeting for which he has been nominated.

(iii) The Society shall maintain a roll of members at its registered office and every member shall sign and state therein his occupation and address.

(iv) The Society shall function, not withstanding the fact that any person entitled to be a member by reason of his office is not represented on the Society for the time being. The proceedings of the Society shall not be invalidated by the above reason, from the existence of any vacancy or any defects in the appointment of any of these members.

(v) Only registered bodies engaged in an activity connected with any of the objects of the Society would be eligible for the membership under the category of institutions. Only one authorized person on behalf of the institutions will attend the meetings.

9. Powers and functions of the governing body.—(a) Save as herein expressly provided as having to be passed by the Society in a General Meeting all the duties, powers, functions and rights, whatsoever or consequential and incidential to the carrying out of the objectives of the Society shall only be exercised or performed by the Governing Body subject to such limitations as the Government of Puducherry and the Government of India may from time to time impose in respect of the expenditure on its grants.

(b) In particular and without prejudices to the generality of the foregoing provisions, the Governing Body may:

(i) Make, amend or repeal any Bye-Laws, relating to the administration and management of the affairs of the Society, subject to the observance of the provisions contained in the Society Registration Act, 1860.

(ii) To prepare and execute water supply and sanitation schemes to the rural habitations within its identified jurisdiction, subject to the norms fixed by the Government of Puducherry and Government of India.

(iii) To sanction the budget estimate and expenditure for the year.

(iv) To examine and approve the annual accounts and balance sheet of the Society and exercise full authority over the management of funds of the Society.

(v) To receive grants, donations, contributions, subscriptions and other funds and to have custody of the funds of the Society.

(vi) To create administrative, research, technical, ministerial posts as prescribed by the service rules.

(vii) To co-operate and collaborate with other institutions in the matter of education, cultural, training and other programmes.

(viii) To enter into an agreement, on behalf of the Society and sue and defend all legal proceedings on behalf of the Society.

(ix) To invite any person or persons not being members of the Governing Body to a meeting but such invitee shall not be entitled to vote at the meeting.

(x) Delegate any of the powers other than those of making rules, to the Chairman, Secretary or other authorities as it may deem fit.

(xi) Appoint Committees, Boards and Sub-Committees etc., for such purpose and on such terms as it may deem fit, and to remove any of them.

(xii) Do generally all such acts and things as may be necessary or incidental to carry out the objectives of the Society or any of them provided that nothing herein contained shall authorize the Governing Body to do any act or to pass any Bye-Laws which may be repugnant to the provisions thereof or to the powers conferred on the Governing Body and other authorities or which may be inconsistent with the objectives of the Society.

10. Constitution of Puducherry State Water and Sanitation Mission (PSWSM).— (i) There will be a Apex Committee for the State Level Water and Sanitation Mission at Union territory of Puducherry with 18 Members consisting of one Chairman, one Member-Secretary and sixteen Members.

(ii) As per the Guidelines of the Government of India, the Apex Committee headed by Chief Secretary and Secretary-in-charge of PHED, Rural Development (RD), Panchayat Raj (PR), Finance, Health, Education, Information and Public Relations (I&PR) as members. Secretary (PHED) (or the Department concerned with Rural Water Supply) shall be the Nodal Secretary. Further it is stated that the Apex Committee should constitute the Executive Committee. The Puducherry State Water and Sanitation Mission shall be registered society under the aegis of the Public Works Department, Puducherry.

(iii) The Member Secretary is the Drawing and Disbursing Officer.

The Puducherry State Water and Sanitation Mission shall be for a period of 3 years. When a person becomes appointed or nominated as a member of the Puducherry State Water and Sanitation Mission i.e Member of Apex Committee/Executive Committee of the Society by virtue of office held by him, his membership of the Committee of the Society shall terminate when he ceases to hold the office and vacancy so caused shall be filled by his successor to that office.

Members of Puducherry State Water and Sanitation Mission :

Sl. Occupation Designation No.

(1)

(2)

(3)

1 Chief Secretary Chairman

2 Secretary, Finance Member

3 Secretary, Public Works Department Member-Secretary

4 Secretary, Local Administration Member

5 Secretary, Health Member

6 Secretary, Education Member

7 Secretary, Information and Publicity MemberPART-I ] LA GAZETTE DE L'ETAT 183 (1)

(2)

(3)

8 Secretary, Rural Development Member

9 Collector , Puducherry Member

10 Collector , Karaikal Member

11 Project Director, DRDA Member

12 Chief Engineer Member

13 Director, Local Administration Department. Member

14 Superintending Engineer-II, Public Works Member

Department, Puducherry.

15 Superintending Engineer-III, Public Works Member

Department, Puducherry.

16 Director of Social Welfare Member

17 Director of Health Member

18 Co-Opted Member Member

11. Powers and functions of the Puducherry State Water and Sanitation

Mission :

(a) Powers : All the duties, powers and rights whatsoever incidental to carry out the objectives of the Society shall only be exercised or performed by the Committee, subject to such limitations as the Government of Puducherry and the Government of India may from time to time in impose.

(i) Make, amend or repeal any Bye-Laws relating to the administration and management of the affairs of the Society, subject to the observance of the provisions

contained in the Society Registration Act, 1860.

(ii) Delegate any of the powers other than those of making rules, to the Chairman, Secretary or other authorities as it may deem fit.

(iii) Consider the annual budget and 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.

(iv) Accept donations and endowments as it thinks fit.

(v) Appoint Committees, Boards and Sub-Committees etc. for such purpose and on such terms as it may deem fit, and to remove any of them.

Do generally all such acts and things as may be necessary or incidental to carry out the objectives of the Society or any of them provided that nothing herein contained shall authorize the Governing Body to do any Act o r to pass

any Bye-Laws which may be repugnant to the provisions thereof or to the powers conferred on the Governing Body and other authorities or which may be inconsistent with the objectives of the Society.

(b) Functions : Formulation and management of project implementation in the region and ensuring that the project development objectives are achieved in the region.

(i) Selection of private sector agencies in addition to the existing agencies like Public Works Department/DRDA and/or NGOs on a competitive basis, and signing Memorandum of Understanding (MOU) with them for project implementation and overall supervision.

(ii) Sensitizing the Panchayat Raj functionaries, related Government Officials, local opinion makers, and public representatives regarding the merits and modalities of the community managed programme.

(iii) Formation of Commune Level Water and Sanitation Committee at every Commune Panchayat level. This Committee shall function as a Standing / Subject Committee on Water and Sanitation of the Commune Panchayat may be constituted under the Block level.

(iv) For taking up the scheme under this programme there should be a bi/tripartite agreement between Commune Level Water and Sanitation Committee, CP / Block level as the case may be, prepared by Regional Level Water and Sanitation Committee in consultation with the Commune Level Water and Sanitation Committee and Commune Panchayat.

(v) Should tie up with key institutions for imparting training on all aspects of the programme with special emphasis on community managed programme implementation to all levels of stakeholders.

(vi) Collection of the community contribution of 10% of the project cost in terms of cash / kind (land, labour, materials).

(vii) Procurement of materials - the Commune Level Water and Sanitation Committee shall purchase the materials. In exceptional cases centralised purchase at Regional Level may be opted with due consultation with Commune Level Water and Sanitation Committee. The Regional Level Water and Sanitation Committee shall guide and assist the Commune Level Water and Sanitation Committees to ensure that standard quality of materials are purchased.

(viii) Execution of work - Hand pump scheme, extension of pipe line, replacement of pumpset and construction of Ground Level Storage Reservoir (GLSR) may be executed through the local body themselves, Necessary technical guidance, if the local body needed it, may be sought for from Puducherry Water Supply and Sanitation, if the Commune Level Water and Sanitation Committee desires to carry out the works by Puducherry Water Supply and Sanitation, the same may carried out by Puducherry Water Supply and Sanitation on request.

(ix) New schemes, Creation of sources, Construction of OHT and repairing of OHT may be done by Public Health Division of Public Works Department. The Commune Level Water and Sanitation Committee may also execute the work either by themselves or through Non-Government Organisations, if they so desire.

(x) The sanitation works, both household and school sanitation, shall be done by the DRDA, under Total Sanitation Campaign.

(xi) Supervision by Commune Level Water and Sanitation Committee and Regional Level Water and Sanitation Committee may be done for water supply and sanitation schemes. In case of household latrines, joint supervision by the NGO and the beneficiary may be carried out.

(xii) Completion in all aspects and handing over to the Panchayat Raj Institution (PRI) and Commune Level Water and Sanitation Committee for water supply and community based sanitation schemes with proper handing over and taking over arrangement.

12. Activities to be undertaken: (a) The following water supply/sanitation activities can be undertaken under this programme:

(i) Providing handpumps

(ii) Formation of percolation ponds

(iii) Provision of deep bore wells and construction of pump rooms.

(iv) Construction of new over head tanks and new ground level service reservoirs and implementing new water supply schemes.

(v) Carrying out repairs to the existing over-head tanks and ground level reservoirs.

(vi) Extension of pipe lines.

(vii) Providing water supply to the schools, noon-meal centres at public places viz. community centres.

(viii) Construction of latrines in schools.

(ix) Construction of community latrines.

(x) Providing running water supply to latrines.

(xi) Information, Education and Communication (IEC) activities.

(b) The responsibility of the Puducherry State Water and Sanitation Mission:

(i) The aims of the Society detailed in the documents should be executed.

(ii) To take necessary actions against the Members who act against the rules and the aims of the Society.

(iii) To verify and inspect all the accounts of expenses which were spent for the purposes of the Society.

(iv) To prepare the Annual Receipts and Expenditure statements and submit to the General Body.

(v) To submit the changes, if any in the Regional Level Water and Sanitation Committee to the Registrar within 14 days of such changes and remit the fees accordingly.

(vi) To submit the information about the change of Office address, in case within 30 days of such change to the Registrar in Form No. V along with the prescribed fee.

(vii) To bring every amendment from the present Bye-Laws if necessary, or in the sub-sections of the Bye-Laws, it must be furnished for the approval of the General Body and approved and then only it can be executed.

13. Powers and functions of the Officers :

(a) Chairman :

(i) The Chairman shall preside over the Governing Body meeting, annual General Body meetings and Extra-ordinary General Body of the Society and shall exercise the overall control over the affairs of the Society.

(ii) In case the votes for or against a particular issue are equal, the Chairman shall exercise his casting vote.

(iii) The Chairman shall be entitled to invite any person to attend meeting of the Society but such person shall have no power to voting.

(b) Member-Secretary, Puducherry State Water and Sanitation Mission :

Generally all the actions of the Society will be governed by the Member- Secretary.

(i) The Member-Secretary of the Society and its Governing-Body shall be the Principal Executive Officer of the Society.

(ii) He shall convene all meetings of the Society and that of the Governing Body.

(iii) Sign on behalf of the Society, all receipts for all sums received as subscriptions, donations, grant etc.

(iv) Sign and pay order on all bills for payment with the prior approval of the Chairman of the Society.

(v) As per the resolutions of the Puducherry State Water and Sanitation Mission, he should execute all the proceedings.

(vi) He should have all the correspondences on behalf of the Society.

(vii) He shall discuss with the Chairman from time to time, and arrange to hold the meeting and to send circulars for such meetings, with the information of the agendas and other information and preparations.

(viii) The minutes of the General Body and the Special General Body Meetings and the Puducherry State Water and Sanitation Mission Meetings shall be recorded by the Member-Secretary.

(ix) Member-Secretary shall maintain all the minutes books and other Registers and records and protect them in his custody at the office.

(x) Member-Secretary shall execute the resolutions passed in the General Body, Special General Body and the Puducherry State Water and Sanitation Mission Meetings.

(xi) Member-Secretary will prepare the Annual Reports, Financial Statements, Receipt and Expenses Reports etc., submit them in the General Body Meeting.

(xii) For the improvement of the Society and for the benefits of the Administration, whatever actions needed may be taken by the Member- Secretary and the Member-Secretary has got this right.

(xiii) The monthly transactions of the Society must be verified and the Receipts and Expenses statements must be prepared by the Member Secretary and produced at the monthly Puducherry State Water and Sanitation Mission Meeting and approval obtained for the same.

(xiv) Bank accounts opened in the name of the Society will be

operated by the Member-Secretary with prior approval of Chairman.

(xv) He shall have the power to appoint any person to work for the Society, to implement policies and programme as laid down by the Governing Body and shall also have power to terminate such appointments made by him.

(xvi) He shall have the necessary powers that are essential and

incidental to run the institution / institutions of the Society.

(xvii) He shall take budgetary control measures.

(xviii) Participation in major financial decisions.

14. Society's Accounts :

Under the Puducherry State Societies Registration Act, 1860, the following account books shall be maintained by writing daily:-

(a) Cash book maintenance :

The income and expenditure shall be written in the Cash Book and the monthly cash account should be closed, showing the actual cash balance on that day. The amounts exceeding those minimum cash balance, which is permitted by the Puducherry State Water and Sanitation Mission, shall be remitted into the Bank account. In the Cash Book, the following declaration will be signed by any one of the Puducherry State Water and Sanitation Mission Members at the end of each month's closing balance.

DECLARATION

The entries recorded in this Register are true and correct to the best of my knowledge and belief. I do hereby declare that this is true and correct.

CHAIRMAN (b) Receipts books :

The Receipt Books with its counterfoils shall be maintained. Immediately on receipt of payments, it should be entered in the Original Receipt and its counterfoil. The Original Receipt shall be issued to the remitter with the signature of the Member - Secretary (Puducherry State Water and Sanitation Mission)

(c) Vouchers and bills file :

The Expenditure should be borne with necessary vouchers and bills and this shall be put into the Accounts File, by entering the proper serial numbers for the same.

(d) General Ledger :

This register shall be properly maintained. This will show the item-wise

heads for all accounts.

15. Accounts of the society and its auditing :

(i) The accounts of the society shall be audited by the Chartered Accountant to be appointed by the Puducherry State Water and Sanitation Mission. This account shall be subject to second audit by the Controller and Auditor General of India. The nature of audit to be applied and detailed arrangement to be made in regard to the form of accounts and their maintenance and the presentation of the accounts for audit shall be prescribed in the bye-laws to be framed by the Puducherry State Water and Sanitation Mission and approved by the Government of Puducherry and the Government of India with the concurrence of the Controller and Auditor General of India.

(ii) Annual report of the proceeding of the Society and of all works undertaken during the year shall be prepared by the Puducherry State Water and Sanitation Mission for the information of the Puducherry Government, Government of India and the members of the Society. This report and audited accounts of the Society shall be placed before the Society at the Annual General Meeting.

(iii) Within 20 days after the holding of the Annual General Meeting, there shall be filed with the Registrar of Societies (i) a list of the names, addresses, occupations of the members of the Puducherry State Water and Sanitation Mission, the Chairman, the Member-Secretary and the other office bearers of the Society. (ii) Annual Report of the previous years and (iii) copy of the balance sheet and of the Auditor's Report certified by the Auditor. Such list and Annual Report shall be certified by the Puducherry State Water and Sanitation Mission or the Member-Secretary.

16. Properties of the Society :

All properties belonging to the Society shall be deemed to be vested with the Puducherry State Water and Sanitation Mission of the Society but shall be referred to as "The properties of the Society".

17. The report to be furnished to the Registrar of the Societies :

Every year a declaration of the good functioning of the Society shall be submitted to the Registrar.

(i) The annual accounts statement for every year on its approval by the General Body Meeting shall be forwarded within 2 months of the completion of the meeting.

(ii) The members register shall be maintained in Form No. VI. At the end of every year, the list of remaining members shall be furnished in Form No. VI within 2 months of the completion of the General Body Meeting. The above three reports shall be furnished to the Registrar within 2 months from the completion of the General Body Meeting.

(iii) If any member is admitted, it should be informed in Form No. VII and reported within 3 months of the admission.

(iv) Whenever a member expires, it should be reported in Form No. VII, within 3 months of the death.

(v) Whenever a member is dismissed or resigns it should be reported within 14 days of such occurrence.

(vi) Whenever a change of address or transfer of the address is proposed, it should be informed within 30 days of that action in the prescribed Form No. V.

(vii) Whenever the bye-laws and sub-sections of the bye-laws are amended for corrections, deletions and for inclusion, it should be reported in duplicate within three months time.

(viii) The aforesaid corrections, deletions, inclusions, if any, required should be passed through a special resolutions and this special resolution copy shall be furnished in duplicate within 15 days time.

(ix) Each and every report shall be furnished separately. For every report, fee of ` 5 shall be sent towards filing fees. For every report, it should bear the true copy of the resolutions for the same.

18. Financial year of the Society :

The society's financial year will be from the First day of April to the 31st day of March of succeeding year.

19. Suits and proceedings by and against the Society :

The Society may sue or may be sued in the name of a Chairman or Member- Secretary or any office bearer authorised by the Puducherry State Water and Sanitation Mission in this behalf.

(i) No suit or proceedings shall abate by reasons of any vacancy or change in the holder of the official bearer authorised in this behalf.

(ii) Every decree or order against the Society in any suit or proceeding shall be executable against the property of the Society and not against the person or the property of the Chairman, the Member-Secretary or any office bearer.

(iii) Every member of the society may be sued or prosecuted by the Society for any loss or damage caused to the Society or its property for anything done by him detrimental to the interest of the Society.

20. General body meeting :

The General Body Meeting should be convened once in every year. It should be convened within 6 months time from the financial year ending, i.e. within the month of September. Before convening the general body meeting a notice should be sent before 21 days prior to it. The said 21 days should be exclusive of the day of the general body meeting proposed. One copy of the general body meeting notice must be sent to the Registrar of Societies.

The quorum for the general body meeting will be the presence of 1/3 members. If the minimum members do not arrive even after 1 hour of the commencement of the meeting, the meeting may be postponed for the same day and time in the next week at the same place. In spite of the required quorum that meeting could be held there is no need of quorum for this meeting.

Notice of any proposition intended to be moved shall be given by the member in writing to the Secretary at least five days prior to the meeting and list of such propositions shall be notified to the members at the registered office of the Society at least one day earlier to the meeting.

21. The powers of the general body :

(i) To select the Puducherry State Water and Sanitation Mission members.

(ii) To approve the annual accounts placed by the Puducherry State Water and Sanitation Mission before the general body.

(iii) To approve the annual income and expenditure report.

(iv) To appoint Auditor to audit the transactions and accounts of the Society.

(v) To make amendments in Bye-laws or in sub-sections of relevant Bye-laws.

(vi) To review the appeal petitions by the members and to decide about the cases.

(vii) To arrive at a conclusion, if any, of the no confidence motion against the executive committee or against any member of the executive committee and decide.

(viii) To finalize any other special resolution brought up by any of the members.

The special general body meeting shall be held on the following items.

(a) The meeting shall be held if 2/3 of the members wish to convene the meeting. This must be made in writing by such members or the Puducherry State Water and Sanitation Mission members. This requisition must be addressed to the Chairman, or the Member-Secretary. On receipt of such requisition, the Special General body meeting should be convened within 1 month's time. Otherwise, the members who had sent requisition for convening this special general body meeting may themselves unite and send the notice of the date of commencement of such meeting and convene the special general body meeting accordingly. Quorum for this meeting will also apply to the usual general procedure of the ordinary general body meeting.

22. Minutes book register :

The proceedings of the State Water and Sanitation Mission / Governing Body Meeting and the General Body Meeting will be recorded separately in the minutes book. The short notes of the proceedings of the meetings will be shown to the Member-Secretary making serially numbered and the same registered in the minutes book. The Member-Secretary shall sign in the minutes book. The approval of the Chairman will also be obtained in the minutes book. The minute's book for Executive Committee meetings and the General Body Meetings should be maintained separately and recorded.

23. Special Resolutions :

The following activities should be carried out only through passing the Special Resolutions:-

(i) The Documentary changes in any manner.

(ii) Changes in the sub sections of the bye-laws.

(iii) The diversification of the Society into two units.

(iv) The changing of the name of the Society.

(v) To come to a conclusion on the subject of abolition of Society ¾ members who were present in the Special General Body meeting should support the resolution and approve and only then it can be executed. This is to be accepted by the Government of Puducherry and Government of India.

24. The distribution of the copy of documents of the society to the

members duly certified :

(a) The bye-laws, sub-sections of the bye-laws, Reports of Income and Expenditure, and Property Assessment Report can be obtained by payment of `15 for each copy.

(b) The members who want to get the copies aforesaid, should submit their application to the Member-Secretary. They should remit the prescribed fee during the office hours and receive the copy.

(c) The members can always inspect the Original Minutes Book, Record of the General Body Meeting, Executive Meeting Minutes Book/ Record, the members Register and other Office Accounts Registers with the permission of the Member-Secretary during the office hours. No fee may be paid for this. The members should not take any copies.

25. The methods of alterations in the bye-laws or in the sub-sections of

the bye-laws :

In case of alterations in the bye-laws or in the Sub-sections of the bye- laws, this should be passed as a special resolution in a General Body or in a Special General Body meeting.

26. Funds of the Society :

The funds of the Society shall consist of the following:-

(i) Recurring and Non-recurring Grants from Government of India for furtherance of the objects of the Society.

(ii) Collection of donations.

(iii) Income derived from the investments of the Society.

(iv) Income from other sources.

The Bankers of the Society is State Bank of India, Puducherry. All the funds of the Society will be paid into the Society's accounts with the said bankers and shall not be withdrawn except on cheque signed by the Member-Secretary of Puducherry State Water and Sanitation Mission.

27. General :

(i) The institution must invest their funds, if any, in accordance with the provisions of section 13(1) (d) read with section 11(5) of the Income Tax Act, 1961.

(ii) Any amendment in the memorandum or rules will be carried out in accordance with procedure laid down under Society Registration Act only with the approval of the Commissioner, Income Tax.

(iii) The Society shall be irrevocable.

(iv) That the benefits of the Society are open to all, irrespective of caste, religion, sex, etc.

(v) The Society will not carry any activities with an intention of earning profit.

In case of absence of certain provisions in the bye-laws, the provisions of the Puducherry Societies Registration Act, 1975 shall apply.

We Certify that the aforesaid are the correct copy of the Constitution,

Rules and Regulations of our Society

Sl. Occupation Designation No.

(1)

(2)

(3)

1 Chief Secretary Chairman

2 Secretary, Finance Member

3 Secretary, Public Works Department Member-Secretary

4 Secretary, Local Administration Member

5 Secretary, Health Member

6 Secretary, Education Member

7 Secretary, Information and Publicity Member

8 Secretary, Rural Development Member

9 Collector , Puducherry Member

10 Collector , Karaikal Member

11 Project Director, DRDA Member

12 Chief Engineer Member

13 Director, Local Administration Department. Member

14 Superintending Engineer-II, Public Works

Department, Puducherry. Member

15 Superintending Engineer-III, Public Works

Department, Puducherry. Member

16 Director of Social Welfare Member

17 Director of Health Member

18 Co-Opted Member Member

(By order of the Lieutenant-Governor)

N. SUMATHI,

Joint Secretary to Government (Works).

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