Puducherry State Water and Sanitation Mission” Bye-laws of the Society, duly approved by the Registrar of Firms and Companies, Puducherry, was published vide G.O. Ms. No. 3, dated 12th February 2013.

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

PART - I

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No. 9 Poudouchéry Jeudi 21 Janvier 2021 (1 Magha 1942)

No. Puducherry Thursday 21st January 2021

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 34/LAS/A4/2020, Puducherry, dated 8th January 2021)

NOTIFICATION

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 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" Bye-laws of the Society, duly approved by the Registrar of Firms and Companies, Puducherry, was published vide G.O. Ms. No. 3, dated 12th February 2013.

Whereas, the Central Government assistance to the States for rural water supply started in the year 1972 with the launch of Accelerated Rural Water Supply Programme. It was renamed as National Rural Drinking Water Programme (NRDWP) in 2009, which is a Centrally Sponsored Scheme with fund sharing between the Centre and the States. Under NRDWP, one of the objectives was to "enable all households to have access to and use safe and adequate drinking water within premises to the extent possible".

[ 129 ]LA GAZETTE DE L'ETAT [ PART-I 130 130 It was proposed to achieve the goal by 2030, coinciding with the United Nation's Sustainable Development Goals. But, now, it has been planned to achieve the goal by 2024 through Jal Jeevan Mission (JJM). Government of Indian, has restructured and subsumed the ongoing National Rural Drinking Water Programme (NRDWP) into Jal Jeevan Mission (JJM) to provide Functional Household Tap Connection (FHTC) to every rural household, i.e., Har Ghar Nal Se Jal (HGNSJ) by 2024.

The following kinds of works/schemes are proposed to be taken up under JJM:

(i) In-Village Water Supply (PWS) infrastructure for tap water connection to every household;

(ii) Reliable drinking water source development/augmentation of existing sources;

(iii) Transfer of water (Multi-Village Scheme; where quantity and quality issues are there in the local water sources);

(iv) Technological intervention for treatment to make water potable (where water quality is an issue, but, quantity is sufficient);

(v) Retrofitting of completed and ongoing piped water supply schemes to provide FHTC and raise the service level;

(vi) Grey water management;

(vii) Capacity building of various stakeholders and support activities to facilitate the implementation.

JJM will focus on integrated demand and supply side management of water at the local level, including creation of local infrastructure for source sustainability like rainwater harvesting, groundwater recharge and management of household waste water for reuse would be undertaken in convergence with other Government Programmes/Schemes.

Whereas, it is now decided to retain the name of the "Puducherry State Water and Sanitation Mission" for the Jal Jeevan Mission with some amendments in the existing Bye-laws of the Society which was, already registered under the Registrar of Firms and Companies, Puducherry. Further, it is also decided to implement the JJM through the Local Administration Department instead of the Public Works Department, Puducherry. The Bye-laws of the Society is suitably amended accordingly and get the approval of the Registrar of Firms and Companies, Puducherry, which is given under for information of the public.

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION DEPARTMENT

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 Honorable 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 District missions, one at Puducherry District and another one at Karaikal District, in order to provide parity.

The Chief Secretary of Puducherry Administration will be the Chairman of the Society. The purpose and programme of the two District Committees are one and the same. For the sake of Administrative Convenience, the Secretary, Local Administration will be the Co-Chairman for the Society. The application for the issue of registration under the relevant Act is exclusively intends for both the Puducherry and Karaikal Districts.

MEMORANDUM OF ASSOCIATION

1. Name of the Society.—This Society shall be called as "Puducherry State Water and Sanitation Mission" [JJM].

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 District and in Karaikal District are:

State Water and Sanitation Mission Executive Committee

(Local Administration),

The Secretary to Government The Secretary to Government (Local Administration), Chief Secretariat, Puducherry. Chief Secretariat, Puducherry.

Puducherry District Water and Karaikal District Water and

Sanitation Mission Sanitation Mission

The District Collector, The District Collector, District Collectorate, District Collectorate, Karaikal. Vazhudhavoor Road, 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, Coordinator, Planner, Supervisor and Facilitator for the implementation of Water Supply Projects, Schemes/Works to rural areas and take convergence of Rural Sanitation Works, water harvesting and conservation schemes/works in the Districts.

(b) The State Water and Sanitation Mission aims providing Functional Household Tap Connection to every rural household by 2024. The Mission shall focuses on service delivery at household level, i.e., water supply on regular basis in adequate quantity and of prescribed quality along with convergence activities under SBM, MGNREGA, etc., in the sphere of water harvesting, water conservation and liquid waste.

(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 Water and Sanitation Committee (VWSC) at every Village Panchayat Level. This Committee shall function as a Standing/Subject Committee on Water and Sanitation of the Village Panchayat.

(j) Analysis and identification of the Villages for providing Functional Household Tap Connection (FHTC) to be taken up in various phases. Each phase may comprise of retrofitting and formulation of new schemes, augmentation and rejuvenation of the existing system and maintaining the same through VWSC.

(k) Strengthening Village Sabha 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.

(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/Anganwadi/Public Health Centres/Other Government Institutions in rural areas with quality drinking water facilities and imparting education about quality, health and hygiene to School students including Anganwadi children.

(p) To provide Functional Household Tap Connection in rural household for providing water in adequate quantity, i.e., at least 55 lpcd of prescribed quality, i.e., BIS:10500 Standards, on regular basis, i.e., continuous supply in long term.

4. Board of Management/Governing Body.— The Government of Puducherry by notification shall constitute the following Missions/Committees,

(i) Apex Committee

(ii) Executive Committee

(iii) Union Territory Level Scheme Sanctioning Committee (UTLSSC)

(iv) Committee for Puducherry District Water and Sanitation Mission for Puducherry.

(v) Committee for Karaikal District Water and Sanitation Mission for Karaikal.

(i) Apex Committee

The Board of Management of the Puducherry State Water and Sanitation Mission which is the Governing Body and the Apex Committee consists of the following 13 Members. The functions of the Apex Committee as mentioned in condition 5.2 of the Chapter 5 of the operational Guidelines of the JJM.

The Apex Committee will consist of the following Members:-

Sl. Members of the Committee Designation No.

(1)

(2)

(3)

1. Chief Secretary to Government

. . Chairman

2. Secretary to Government (Public Works)

. . Member

3. Secretary to Government (Rural Development) . . Member

4. Secretary to Government (Local Administration)-cum- . . Member-

Mission Director

Secretary.

5. Secretary to Government (Finance/Planning) . . Member

6. Secretary to Government (Education)

. . Member

7. Secretary to Government (Health)

. . Member

8. Secretary to Government (Information and Publicity) . . Member

9. Director, Local Administration Department.

. . Member

10. Representative of Government of India . . Member

11. Director, CGWB Office.

. . Member

12. A Representative from the Pondicherry University who . . Member

should be an expert in the field of Earth Science.

13. A Retired Officer from the Public Works Department, . . Member

Puducherry, not below the rank of Chief Engineer and having experience in this field.

(ii) Executive Committee

The functions of the Executive Committee are as mentioned in the condition 5.2 of the Chapter 5 of the Operational Guidelines of the JJM. Co-opted Members will be nominated by the Chairman of the Executive Committee.

The Executive Committee will consist of the following Members:-

Sl. Members of the Committee Designation No.

(1)

(2)

(3)

1. Secretary to Government (Local Administration)-cum- . . Chairman

Mission Director(JJM)

2. Chief Engineer, Public Works Department Puducherry. . . Member

3. Superintending Engineer, Local Administration Department, . . Member-

Puducherry.

Secretary.

4. Executive Engineer, Local Administration Department, . . Member

Puducherry.

5. Executive Engineer, Local Administration Department, . . Member

Karikal.

6. Deputy/Under Secretary to Government, Finance, . . Ex-officio Puducherry.

Member

7. Project Officer, DRDA, Puducherry.

. . Ex-officio

Member

8. Deputy Director, Primary Education.

. . Ex-officio

Member

9. Deputy Director, Health and Family Welfare Services, . . Ex-officio Puducherry.

Member

10. Director, Local Administration Department.

. . Member

11. An Expert in the field of the water

. . Co-opted

Member

12. An Expert in the field of community health and hygiene . . Co-opted

Member

13. Two Representatives from reputed voluntary organizations . . Co-opted Members

(iii) Union Territory Level Scheme Sanctioning Committee [UTLSSC]

The UTLSSC works as Union Teritory Level Technical Committee. The functions of the UTLSSC are as mentioned in condition 5.2 of the Chapter 5 of the Operational Guidelines of the JJM. The UTLSSC Committee will consist of the following Members:-

Sl. Members of the Committee Designation No.

(1)

(2)

(3)

1. Development Commissioner, Puducherry.

. . Chairman

2. Secretary to Government (Public Works Department) . . Member

3. Secretary to Government (Rural Development) . . MemberPART-I ] LA GAZETTE DE L'ETAT 135 (1)

(2)

(3)

4. Secretary to Government (Local Administration) . . Member

5. Representative from Government of India . . Member

6. Director, Regional Central Ground Water Board (CGWB) . . Member

Office, Chennai.

7. Director, Agriculture-cum-Director, State Water Resources/ . . Member

Ground Water Department, Puducherry.

8. Director, Regional Office of the Central Water Commission, . . Member

Chennai.

9. Member-Secretary, Pondicherry Ground Water Authority, . . Member

Puducherry.

10. Hydro-geologist, State Water Resources/Ground Water . . Member

Department, Puducherry.

11. Chief Engineer, Public Works Department, Puducherry. . . Member

12. Superintending Engineer, Local Administration Department, . . Member-

Puducherry.

Secretary.

(iv) Committee for Puducherry District Water and Sanitation Mission

(DWSM) For Puducherry

The functions of the DWSM are as mentioned in condition 5.3 of the Chapter 5 of the operational guidelines of the JJM. The Puducherry DWSM is responsible for implementation of JJM. It will convene monthly meeting to consider and accord administrative approval of the Village Water Supply Schemes, plan protection and preservation of the Village water sources, grey water management, preventing water bodies/sources from getting polluted, etc. This Committee will consist of the following Members:

Sl. Members of the Committee Designation No.

(1)

(2)

(3)

1. Collector, Puducherry.

. . Chairman

2. Deputy Director (RD), Local Administration Department, . . Member

Puducherry.

3. Project Officer, PUDA, Puducherry.

. . Member

4. Deputy Conservator of Forest, Puducherry.

. . Member

5. Deputy Director of Health and Family Welfare Services, . . Member

Puducherry.

6. Deputy Director, Primary Education Department, Puducherry. . . Member

7. Executive Engineer, Local Administration Department, . . Member-

Puducherry.

Secretary.

8. Deputy Director, Agricultural Department, Puducherry. . . MemberLA GAZETTE DE L'ETAT [ PART-I 136 136 (1)

(2)

(3)

9. Director, Information and Publicity, Puducherry. . . Member

10. All Commissioners of Commune Panchayats in Puducherry. . . Members

11. An Expert in the field of Water Management

. . Co-opted

Member

12. An Expert in the field of Community Development/ . . Co-opted

Community Health Member

13. Member of Parliament (Rajya Shaba and Lok shaba) . . Members

(v) K a r i k a l Di s t r i c t Wa t e r a n d S a n i t a t i o n (D W S M ) M i s s i o n Committee for Karaikal

The DWSM for Karaikal is responsible for implementation of JJM for Karaikal District. It will convene monthly meeting to consider and accord administrative approval of the Village Water Supply Schemes, plan protection and preservation of the Village water sources, grey water management, preventing water bodies/sources from getting polluted, etc., The functions of the DWSM are as mentioned in condition 5.3 of the Chapter 5 of the operational guidelines of the JJM. Co-opted Members will be nominated by the Chairman. This Committee will consist of the following Members.

Sl. Members of the Committee Designation No.

(1)

(2)

(3)

1. District Collector, Karaikal.

. . Chairman

2. Deputy Director (Local Administration Department), . . Member

Karaikal.

3. The Block Development Officer, Karaikal

. . Member

4. Deputy Conservator of Forest, Karaikal.

. . Member

5. Deputy Director of Health and Family Welfare, Karaikal. . . Member

6. Chief Educational Officer, Education Department, Kariakal. . . Member

7. Executive Engineer, Local Administration Department, . . Member-

Karaikal.

Secretary.

8. Deputy Director, Agricultural Department, Kariakal. . . Member

9. Assistant Director, Information and Publicity, Karaikal. . . Member

10. All Commissioners of Commune Panchayats, Karaikal. . . Members

11. An Expert in the field of water management

. . Co-opted

Member

12. An Expert in the field of Community Development/Health . . Co-opted

Member

13. Member of Parliament (Rajya Sabha and Lok Sabha) . . Co-opted MembersPART-I ] LA GAZETTE DE L'ETAT 137

Mission Director and Nodal Department

The Secretary, Local Administration, shall function as the Mission Director and the Local Administration Department will be the Nodal Department for the implementation of the Jal Jeevan Mission.

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 agitation 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. Members Designation No.

(1)

(2)

(3)

1. Chief Secretary to Government

. . Chairman

2. Secretary to Government (Finance)

. . Member

3. Secretary to Government (Public Works Department) . . Member

4 Secretary to Government (Local Administration) . . Member-

Secretary.

5. Secretary to Government (Health)

. . Member

6. Secretary to Government (Education)

. . Member

7. Secretary to Government (Information and Publicity) . . Member

8. Secretary to Government (Rural Development) . . Member

9. Collector, Puducherry.

. . Member

10. Collector, Karaikal.

. . Member

11. Project Director, DRDA.

. . Member

12. Chief Engineer, Public Works Department.

. . Member

13. Director, Local Administration Department.

. . Member

14. Superintending Engineer-II, Public Works Department, . . Member

Puducherry.

15. Superintending Engineer-III, Public Works Department, . . Member

Puducherry.

16. Director of Social Welfare.

. . Member

17. Director of Health

. . Member

18. Co-opted Member

. . MemberLA GAZETTE DE L'ETAT [ PART-I 138 138 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/ Karaikal Districts.

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 Districts. Selecting of private sector. agencies, on a competitive basis and signing the 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 Water and Sanitation Committee (VWSC) at every Village Panchayat levels. 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 Village Panchayat, a similar Committee may be constituted under the Commune Panchayat 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. Annual Subscription and Entrance fees.— (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/her occupation and address.

(iv) The Society shall function, notwithstanding the fact that any person entitled to be a Member by reason of his/her 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 incidentals 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 providing FHTC for quality drinking water supply to the rural households 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 an Apex Committee for the State Water and Sanitation Mission at Union territory of Puducherry with 13 Members consisting of one Chairman, one Member-Secretary and 11 Members.

(ii) The Apex Committee will be headed by the Chief Secretary to Government as the Chairman of the Committee and the Secretaries to Government in-charge of Public Works, Rural Development (RD), Local Administration, Finance and Planning, Health, Education, Information and Publicity, one Representative from Government of India, Director LAD, Director, Office of the CGWB, one Representative from the Pondicherry University and expert in the field of earth science, and retired officer from the Public Works Department, Puducherry, not below the rank of the Chief Engineer and having experience in the field. Secretary to Government, LAD, will be the Member-Secretary of the Committee. The Secretary to Government, Local Administration shall function as the Mission Director and the Local Administration Department will be the Nodal Department for the implementation of the Jal Jeevan Mission. The Puducherry State Water and Sanitation Mission shall be a registered Society under the aegis of the Local Administration Department, Puducherry.

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

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) Accepting 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 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.

(b) Functions

Formulating and managing of project implementation in the Districts and to ensure that the project development objectives are achieved in the Districts.

(i) To provide policy guidance and will be responsible for the overall plague, strategizing and implementation of JJM in the State;

(ii) Responsible for finalization of State Action Plan (SAP) to provide FHTC to every rural household of the State by 2024;

(iii) Decide charges for providing FHTC to rural household;

(iv) Decide water service standards;

(v) Appraisal and in-principle approval of State Action Plan (SAP) after discussion with Department/National Mission;

(vi) Responsible for financial planning including ensuring timely utilization of fund and no parking of fund;

(vii) Responsible for coordination among various Departments and other agencies for convergence;

(viii) Responsible for devolution of powers empowering GP/ Sub-Committee of GP for management of in Village infrastructure, if not done already;

(ix) Devolve powers to Drinking Water and Sanitation Mission to accord administrative approval of INTRA-District and in Village infrastructure water supply Schemes.

(x) Decide modalities for operation of single nodal account;

(xi) Build suitable incentive and disincentive mechanism in the policy to discourage wastage of water as well as to meet recurring expenditure on bulk water, distribution network and household level supply;

(xii) Bringing about effective policies and regulations for water use by other sectors, abating water contamination by industries, agricultural practices or mis-management of solid and liquid waste by individual Households/Institutions;

(xiii) To enforce uniform policy for various uses of ground water within the annual replenish able ground water recharge;

(xiv) Responsible for water allocation;

(xv) To firm up State policy on engaging dedicated human for ensuring water quality testing as well as surveillance using Field Test Kits;

(xvi) Finalize TOR for various contracts especially penal provision for delays and its monitoring;

(xvii) Developing O&M strategy and monthly tariff/user charges for ensuring financial sustainability of the system/scheme. To firm up policy on O&M accounts and its (operation process by GP and)/or its Sub-Committee;

(xviii) To firm up policy on earmarked % of Support Fund for IEC/BCC activities;

(xix) Decide action on unauthorized/unmetered/unaccounted connections to stop continued loss of water/revenue;

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

(xxi) Formation of Village Water and Sanitation Committee at every Village Panchayat Level. This Committee shall function as a Standing/Subject Committee in water and sanitation of the Village Panchayat;

(xxii) Procurement of materials and execution of works-the Commune Panchayat and PHED/LAD shall purchase the materials and execute the works;

(xxiii) Execution of Work-Providing Functional Household Tap Connection, Extension of pipe line, replacement of pump set and construction of Ground Level Storage;

(xxiv) Reservoir (GLSR) may be executed through the Local Body themselves, necessary technical guidance, if, the Local Body needed, it may be sought for from State Water and Sanitary Mission to carry out the works. The same may be carried out by State Water and Sanitation Mission on request;

(xxv) 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 Panchayat may also execute the work either by themselves or through Non-Government Organizations, if, they so desire;

(xxvi) Supervision by District Water and Sanitary Mission may be done for water supply and sanitation Schemes;

(xxvii) Completion in all aspects and handing over to the VWSC/ Commune Panchayat for water supply and 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 FHTC for quality drinking water supply to the rural habitations at minimum service level of 55 LPCD along with convergence activity of SBM, MGNREGA, etc., in the sphere of water harvesting, water conservation and liquid waste.

(ii) Formation of Percolation Ponds.

(iii) Provision of Deep Bore wells and construction of Pump Rooms.

(iv) Construction of new Overhead 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 pipelines and retrofitting.

(vii) Providing water supply to the Schools, Noon-meal Centres at public places viz., Community Centres.

(viii) Information Education and Communication (IEC) activities and support activities through ISAs & Community involvement.

(ix) Conduct of regular quality check through designated laboratories and Field Test Kits (FTKs).

(x) Monitoring and evaluation through latest technological interventions/innovations.

13. Powers and functions of the Officers.—

(a) Chairman

(i) The Chairman of the Committee shall preside over the Governing Body meeting, annual General Body meetings and Extraordinary General Body of the Society and shall exercise all the powers and he will be the overall control over the affairs of the Society.

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

(iii) The Chairman shall be entitled to invite any person to attend meeting of the Society as a special invitee for getting expert opinion or for any other purpose 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 sends 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 are needed may be taken by the Member-Secretary. The Member-Secretary has got every right to do the same.

(xiii) The monthly transactions of the Society must be verified and the Receipts and Expenses statements must be prepared by the Member-Secretary and submit the same in the monthly meeting of the Puducherry State Water and Sanitation Mission for getting approval for the same from the Committee.

(xiv) Bank accounts opened in the name of the Society will be operated by the Member-Secretary with/or any other Member authorized by the Committee with the prior approval of the 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 got all the 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 on every day and the monthly cash account should be closed, showing the actual cash balance on every day. The amounts exceeding the minimum cash balance, which was permitted by the Puducherry State Water and Sanitation Mission, shall be remitted in 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 every month after arriving the 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)

(b) 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.

(c) 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 every year by a Chartered Accountant, to be appointed by the Apex Committee of Puducherry State Water and Sanitation Mission. This account shall be subject to second audit by the Controller and Auditor-General of India, every year or as and when required. The nature of audit to be applied and detailed arrangements 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.

(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 Body Meeting.

(iii) Within 20 days after the holding of the Annual General Meeting, a copy of the audited financial statement of accounts, shall be filed with the Registrar of Societies along with–

(a) 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 year's certified by the Puducherry State Water and Sanitation Mission or the Member-Secretary.

(iii) A copy of the Auditor's Certificate duly certified by the Auditor.

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 audited accounts statement of every year duly approved by the General Body Meeting shall be forwarded within 2 months of the completion of the Annual General Body 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 conduct of the General Body Meeting., All the above three reports shall be furnished to the Registrar within the prescribed period after conduct of the General Body Meeting, every year.

(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 removed for any reason, it should be reported in Form No. VII, within 3 months of the removal.

(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 as prescribed in the Society Registration Act and Rules shall be sent towards filing fees. For every report, a true copy of the resolutions passed in the General Body meeting should be enclosed and submitted to the Registrar.

18. Financial year of the Society.— The Society's financial year starts every year on the First day of April and ends on the 31st day of March of the 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 for the financial year ending, i.e., before the end of the month of September. The meeting should be convened by giving 21 clear days notice. On copy of the General Body meeting notice must be sent to the Registrar of Societies. Meeting notice should contain the agenda for the meeting and/or copy of audited financial statement.

The quorum for the General Body meeting will be 1/3 of the total number of Members. If the minimum number of trie Members to form the quorum not arrived even after 1/2 hour of the commencement of the meeting, the meeting may be postponed for the same day or for any other day and time in the next week at the same place, with due notice to all or Members absent. If, the required quorum of Members not present and formed the quorum for the adjourned meeting, then the Members present will form the quorum and there is no need of quorum for the meeting, and the meeting may be continued with the agenda for the meeting.

Notice of Proposition intended to be moved shall be given by the Member (s) in writing to the Member-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.

Circulation Minutes

In case of any urgency and the meeting of the Committee could not be conducted not be conducted, the minutes may be passed by circulation from among the Members of the committee either unanimously or by the majority of the Members in favour of the resolution. In such cases the resolution will be deemed to be passed and the same should be read and recorded in the next regular meeting of the Society.

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 Chartered Accountant Auditor to audit the 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 Special General Body 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 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 prescribed for 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 minute's 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 minute's book. The Member-Secretary shall sign in the minute's book. The approval of the Chairman will also be obtained in the minute's 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 3/4 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 sub-sections of the Bye-laws, Income and expenditure statements and property assessment report can be obtained by payment of prescribed fees, as may be prescribed by the Apex Committee.

(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 need to be paid for this. The Members will not be allowed to take copies of the same.

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

the Bye-laws.— In case of any amendments required 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 meeting or in a Special General Body meeting, convened for this purpose exclusively.

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 banker of the Society is State Bank of India or as decided by the Apex Committee, Puducherry. All the funds of the Society will be paid into the Society's accounts with the said banker and shall be withdrawn only by way of cheque duly signed by the Member-Secretary with/or any other authorized Member of the Committee approved and authorized by the 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 proposed amendment to the existing Bye-laws of the Registered Society.

Sl. Members Designation No.

(1)

(2)

(3)

1. Chief Secretary to Government

. . Chairman

2. Secretary to Government (Finance)

. . Member

3. Secretary to Government (Public Works Department) . . Member

4. Secretary to Government (Local Administration-cum- . . Member-

Mission Director).

Secretary.

5. Secretary to Government (Health)

. . Member

6. Secretary to Government (Education)

. . Member

7. Secretary to Government (Information and Publicity) . . Member

8. Secretary to Government (Rural Development) . . Member

9. Director, Local Administration Department.

. . Member

10. Director, Office of the CGWB.

. . Member

4. It is also notified that the Secretary to Government, Local Administration, shall function as the Mission Director and the Local Administration Department is designated as the Nodal Department for the implementation of Jal Jeevan Mission.

5. The Department of Public Works and Local Administration should immediately submit Action Plan for Functional Household Tap Connection.

(By order of the Lieutenant-Governor)

GIDDI BALARAM, Under Secretary to Government (Local Administration).

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