Know NIRDESH >> Rules & Regulations


Short Title

1. These Rules and Regulations may be called the Rules and Regulations of the National Institute for R&D in Defence Shipbuilding (NIRDESH).

Interpretation

2. In these Rules and Regulations, the following words and abbreviations shall have the meaning given against them unless there is anything contrary in the subject of context:

(a) "ACT" means the Societies Registration ACT XXI of 1960 as extended to the National Capital Territory of Delhi.

(b) "Government" shall mean the Department of Defence Production, Ministry of Defence, the Administrative Ministry of the Government of India concerned with the affairs of the Institute.

(c) "Society", "Insitutue" or "NIRDESH" shall mean the National Institute for R&D in Defence Shipbuilding.

(d) "General Body" shall mean the body of members of the society under rule 3.

(e) "Board of Governors" or "Governing Body" means the Board of Governors (BOG) of the Institute as per rule 26.

(f) "Executive Committee" shall mean the body which is constituted under Rule 30 as Executive Committee (EC) of the Institute.

(g) "Director General" shall mean the Director General of the Institute appointed by the Government under rule 10.

(h) "Director" shall mean a Director of the Institute appointed by the Government under rule 12.

(i) "Deputy Director General" shall mean the Deputy Director General (DDG) of the Institute under rule 14.

(j) "President" shall mean President of the Institute.

(k) "Vice-President" shall mean Vice President of the Institute.

(l) "Treasurer" shall mean Treasurer of the Institute under rule 15.

(m) "Memorandum of Association" shall mean the Memorandum of Association of the Institute.

(n) "Rule" means any of the Rules and Regulations of the Institute

(o) "Year" means the calendar year except where it is specifically mentioned as Financial year.

(p) "Financial Year" shall mean the accounting year commencing from 1st April and ending on 31st March.

Members of the Society (General Body)

3. The Society shall consist of the following members:

(a) Raksha Mantri, Government of India shall be the ex-officio President of the Society.

(b) Secretary (Defence Production), Ministry of Defence shall be the ex-officio Vice President of the Society.

(c) Defence Secretary, Ministry of Defence shall be the ex-officio Member.

(d) Scientific Advisor to Rakshal Mantri, Ministry of Defence shall be the ex-officio Member.

(e) Secretary Defence Finance, Ministry of Defence shall be the ex-officio Member.

(f) Vice Chief of Naval Staff, Ministry of Defence shall be the ex-officio Member.

(g) Director General (Acquisition) Ministrry of Defence shall be the ex-officio Member.

(h) Director General, Indian Coast Guard, Ministry of Defence as ex-officio Member.

(i) Joint Secretary (Naval System), DDP, Ministry of Defence shall be the ex-officio Member.

(j) CMDs of MDL, GRSE, GSL and HSL shall be the ex-oficio Members.

(k) Functional Directors of MDL, GRSE, GSL & HSL shall be the ex-officio Members.

(l) Director General of the Institute.

4. The Director General of the Institute shall be the Member Secretary of the Society.

5. The Society shall keep a roll of members giving their addresses and occupations and every member shall sign the same.

6. If a member of the Society changes his address, he shall notify his new address to the Member Secretary and the entry in the roll will be accordingly changed; but if he fails to notify his new address the address in the roll of members shall be deemed to be his address.

Duration of Appointment

7. A member of the Society will become a member by reason of the office or appointment he/she holds. His/Her membership of the Society shall terminate when he/she ceases to hold that office or appointment.

8. The Society shall function notwithstanding that any person who is entitled to be a member by reason of his office is not a member of the Society for the time being and notwithstanding any other vacancy in its body whether by non-appointment or otherwise and no act or proceeding of the Society shall be invalidated merely by any defect in the appointment of any of its members.

Functions of the Society (General Body)

9. The Society shall be autonomous organization and its functions shall include the following:

(a) To achieve the objectives of the Institute as enunciated in the Memorandum of Association

(b) Adopt the Yearly Accounts and Annual Report of the Institute.

Officers of the Society

10. The Director-General shall be the Chief Executive Officer of the Institute. He shall be appointed by the Government.

11. The Government may appoint any officer of the Institute or any member of Executive Committee to act temporarily as Director-General in the absence of the Director-General, or in temporary vacancy of the office of the Director-General. An acting or temporary Director-General shall exercise all such powers vested in the Director-General by or under the rules. The Government may impose conditions and restrictions as to the exercise of any such power by the acting or temporary Director-General.

12. The Director-General will be assisted by other Director(s) on need basis for carrying out the objects set forth in the Memorandum of Association. All such Director(s) shall be appointed by the Government.

13. The Director General or any other officer authorized by the Director General shall be the appointing authority for all other officers of the Institute in accordance with the Recruitment rules and procedures approved by the Executive Committee of the Society.

14. The Director General shall appoint a Deputy Director General (DDG) who will assist him in smooth functioning and administration of the Institute.

15. The Treasurer of the Institute shall be appointed by the Executive Committee.

16. The DDG will be the appointing authority for all other staff of the Institute as per the recruitment rules and procedure approved by the Executive Committee.

17. The registered office of the Institute shall be situated at New Delhi. The Institute shall have its Head Office in Kozhikode, Kerala.

Proceedings of the Society (General Body)

18. The proceedings of the Society shall be governed as under :

(a) The meetings of the Society shall be held at such date, time and place as may be determined by the President.

(b) The Society shall meet at least once a year

(c) All meetings of the Society shall be called by notice under the had of the Member Secretary of the Society

(d) Every notice calling a meeting of the Society shall state the date, time and place at which such meeting will be held and shall be served upon every member of the Society not less than twenty one clear days before the day appointed for the meeting.

19. If the President is not present at the meeting of the Society, the Vice-President shall be Chairman of the meeting. If both the President and Vice-President are not present, any member of the Board of Governors appointed by the President in writing shall be Chairman of the meting, but if there shall be no member appointed as aforesaid or willing to take the chair, the members of the Society sha;; choose one of the members present to be the Chairman of the meeting.

20. No business shall be transacted at any meeting of the Society except the election of the Chairman whilst the Chair is vacant.

21. One third of members of the Society present in person shall form a quorum at every meeting of the Society.

22. All disputed questions at meetings of the Society shall be determined by vote.

23. Each member of the Society shall have one vote.

24. In case of an equality of votes, the Chairman shall have a casting vote.

25. A notice may be served upon any member of the Society either personally or by sending it through post addressed to such member at his address in the roll of members or through any reliable electronics media.

26. Any notice so served by post/reliable electronic media shall be deemed to have been served on the day following that on which notice is posted/sent through the electronic media.

Board of Governors (Governing Body)

27. The Board of Governors (BQG) shall be the highest Governing Body of the Institute. It will exercise overall control and management of the Society in achieving its objectives and goals. The Board of Governors shall consist of following:-

(a) Raksha Mantri, Government of India shall be the ex-officio Chairman of the BOG.

(b) Secretary Defence Production, Ministry of Defence, as the ex-officio Vice Chairman of the BOG.

(c) Defence Secretary, Ministry of Defence as ex-officio Member

(d) SA to RM, Ministry of Defence as ex-officio Member

(e) Secretary Defence Finance, Ministry of Defence as ex-officio Member

(f) Vice Chief of the Naval Staff, Ministry of Defence, as ex-officio Member

(g) Director General(Acquisition), Ministry of Defence, as ex-officio Member

(h) Director General(Naval System), Ministry of Defence, as ex-officio Member

(i) Director General, Indian Coast Guard, Ministry of Defence, as ex-officio Member

(j) Chairman & Managing Director of the Defence Shipyards viz. MDL, GRSE, GSL and HSL as ex-officio Members.

(k) Director General of the Institute shall be Member Secretary of the BOG.

Functions of the Board of Governors

28. The Board of Governors shall discharge following functions:-

(a) Periodically guide and review the progress and performance of the Institute .

(b) Give Policy directions to the Executive Committee and /or the Director General.

(c) Approve the Annual Budget of the Institute.

(d) Approve the Annual report and the yearly accounts of the Institute

(e) Assign any Project or work in the national interest.

(f) All the properties of the Institute shall vest with the Board of Governors.

Power to Make Bye-Laws

29. The Board of Governors shall have the power to make or delegate the power to make such bye-laws in respect of any matter not hereby expressly provided for in relation to the conduct of the business or management of the affairs of the Society as it may think proper and necessary with power to add, alter, amend, abridge, substitute, or delete any provisions of such bye-laws. The new provisions or the amended bye-laws will be made applicable only after the approval of the Registrar of Societies has been obtained.

The Executive Committee

30. The overall functioning, management and control of the affairs of the Society shall vest with the Executive Committee (EC). The affairs of the Society shall be administered, directed and controlled.

(a) The Director-General of the Institute shall be the Chairman

(b) Joint Secretary (Naval System), DDP, MoD, Member

(c) Additional Financial Advisor in-charge of Defence Shipyards, MOD (Finance), Ministry of Defence, Member.

(d) CCR&D(NS), DRDO, Member

(e) Director General Naval Design, Indian Navy, Member

(f) Deputy Director General (Policy & Plans), Indian Coast Guard, Member

(g) Chairman & Managing Director of MDL, Member

(h) Chairman & Managing Director of GRSE, Member

(i) Chairman & Managing Director of GSL, Member

(j) Chairman & Managing Director of HSL, Member

(k) Director(s) as appointed under rule 12 as Member(s)

(l) Deputy Director General, Member

31. The Deputy Director General as appointed under rule 14 will be Member Secretary to the Executive Committee.

32. The Executive Committee shall function notwithstanding that any person who is entitled to be a member by reason of his office is not a member of the Executive Committee or other vacancy in its body and no act or proceeding of the Executive Committee shall be invalidated merely by reason of any defects in the appointment of any of its members.

Proceedings of Executive Committee

33. Every meeting of the Executive Committee shall be presided over by the Chairman of the Executive Committee and in his absence by a member chosen by the meeting to preside for the occasion.

34. Not less than one third (1/3rd) members of the Executive Committee present in person shall constitute a quorum at any meeting of the Executive Committee.

35. Not less than fifteen clear days notice of every meeting of the Executive Committee.

36. The Executive Committee shall meet as often as may be considered necessary but not less than four times in a financial year.

37. The Chairman of the Executive Committee may himself call, or by a requisition in writing signed by him may require the Deputy Director General to call a meeting of the Executive Committee at any time.

38. Each member of the Executive Committee including the Chairman shall have one vote. All matters at the Executive Committee meeting shall be decided by the majority vote. If there will be an equality of votes on any question to be decided by the Executive Committee, the Chairman shall have the casting vote.

39. Any business which it may be necessary for the Executive Committee to perform except, matters relating to annual report and accounts of the Society, may be carried out by circulation amongst all its members and any resolution so circulated and approved by a majority of the members signing shall be effective and binding as if such resolution had been passed at a meeting of the Executive Committee.

40. The Chairman may also refer any question which in his opinion is of sufficient importance to justify such a reference for decision of the Vice President, which shall be binding on the Executive Committee.

Functions & Powers of the Executive Committee

41. The functions of the Executive Committee shall include, inter-alia, the following :

(a) To undertake and sanction various projects and activities to achieve the various objectives of the Institute that are enunciated

(b) Regularly review each of the projects/activities of the Institute with regard to its quality, timelines and cost and issue appropriate directions.

(c) Vet the Annual Budget of the Institute for consideration and approval by BOG.

(d) Vet the Annual report and the yearly accounts of the Institute for consideration and approval by BOG.

(e) The Executive Committee, on behalf of the Board of Governors, will manage all the properties of the Institute.

42. The Executive Committee shall administer, direct and control the affairs and funds of the Society.

43. The Executive Committee may delegate powers to the Director-General and such other officers of the Society as may be necessary for their efficient functioning.

44. The Executive Committee shall have powers to frame, amend or repeal bye-laws not inconsistent with these rules for the proper administration and management of the affairs of the Society subject to approval by the BOG.

45. The Executive Committee shall have the powers to authorize opening of a bank account or account in the name of Society and to authorize depositing of funds of the society with the Bank(s) and authorize the withdrawal of funds as and when required. The bank account of the society shall be operated by the Treasurer and/or Member Secretary or any other officer authorized by the Director General.

46. The Executive Committee, on behalf of the Board of Governors, shall have the power to enter into arrangements with the Government of India, State Government and other Public or Private organizations or individuals for securing and accepting endowments, grants-in-aid donations or gifts to the Society on mutually agreed terms and conditions provided that the conditions of such grant-in-aid, donations or gifts, if any, shall not be inconsistent or in conflict with the nature or objects of the Society or with the provisions of these rules.

47. The Executive Committee, on behalf of the Board of Governors, shall have the power to take over and acquire by purchase, gift or otherwise, from Government and other public bodies or private individuals willing to transfer the same, libraries, laboratories, museums, collections, immovable properties, endowments or other funds together with any attendant obligations and engagements not in consistent with the object stated in the Memorandum of Association and the provision of these rules.

48. The Executive Committee may appoint Committees, Sub-committees, Advisory Boards and Panel of Experts for such purposes and with such powers as the Executive Committee may think proper in order to achieve the objectives laid down in the Memorandum of Association.

Powers of the President and Vice-President

49. President shall have the authority to call the meeting of the BOGs for review of any matters pertaining to the Institute.

50. The President shall have the authority to review periodically the work and the progress of the Society.

51. The President may, in writing, delegate such of his powers as may be necessary to the Vice-President of the Director-General.

52. The President may order inquiries into the affairs of the Society, and pass orders on the recommendations of the enquiry report.

53. Vice President shall have the authority to review various projects/activities of the Institute and issue appropriate directions to the Executive Committee and/or the Director General.

Functions and Powers of the Director-General

54. Director-General, as the Chief Executive Officer of the Society, shall be responsible for achieving the objectives as laid down in the Memorandum of Association and ensure proper administration of the affairs of the Society.

55. The Director-General shall in all matters under his charge, have powers delegated to him by the Board of Governors, President, Vice-President and Executive Committee. He shall prescribe the duties of all officers and staff of the Society and shall exercise such supervision and disciplinary control over them as may be necessary. It shall be his duty to coordinate and exercise general supervision over all the projects, Research & Development and other activities of the Society and ensure that the objectives as laid out in the Memorandum of Association are continuously achieved with the highest standards of quality in a smooth and co-ordinated manner.

56. It shall be the function of the Director General generally to carry out the object of the Society as set forth in the Memorandum of Association. Additionally, the Director General shall carry out the following broad functions :-

(a) To preserve, maintain and develop the immovable properties and funds of the Society.

(b) To plan, discuss ad recommend annual budget of the Society for the ensuing year and/or periodical budgets for the Society from time to time.

(c) To incur, disburse or reimburse the funds, according to the budget approved.

(d) To incur any expenses in general and necessary to execute, administer, manage or supervise all the activities of the Society as per the budget approved.

(e) To frame and supervise the scheme of donations, collections and contributions etc.

(f) To grant donations, charities and gifts to fulfill the objects of the Society.

(g) To exercise over-all control in connection with all the matters relating to the Management and Organization of the Society.

(h) To make proper arrangements for proper custody, upkeep, repair and maintenance of the properties and assets of the Society.

(i) To institute, conduct, defend, compound or abandon any legal proceedings including arbitration proceedings by or against the Society or its office-bearers.

(j) To institute, conduct, defend, compound or abandon any legal proceedings including arbitration proceedings by or against the Society or its office-bearers.

(k) To decide on all matters pertaining to or in connection with the administration of the committee(s) of the Society and the successful performance of their aims and objectives.

Functions and Powers of the Deputy Director-General

57. Deputy Director General (DDG) of the Institute shall be appointed as per rule 14.

58. DDG will assist the Director General in functioning, running and General Administration of the Society. He will look after all matters pertaining to the staff of the Institute under guidance of the Director General.

59. DDG, shall carry out all such roles and responsibilities as assigned from time to time by the DG or the Executive Committee in pursuance of the goals and objectives of the Society.

Funds of the Society

60. The funds of the Society will consist of the following:

(a) Contributions by member Defence Shipyard

(b) Grants made by the Government of India

(c) Income from investments

(d) Contributions from other sources

(e) Receipts from other sources including money borrowed with or without security

(f) Funds from other agencies for carrying out activities within the charter of the Society.

(g) Any other source(s) as approved by Executive Committee.

Financial Advice

61. The Additional Financial Advisor in-charge of Defence Shipyards, MoD(Finance), Ministry of Defence, Government of India shall be the ex-officio Member Finance on the Executive Committee of the Institute.

Accounts & Audit

62. Accounts & Audit

(a) The Society shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the Comptroller & Auditor-General of India (CAG) or a Chartered Accountant appointed by the Executive Committee on advice of CAG.

(b) The accounts of the Society shall be audited annual by the CAG or a Chartered Accountant appointed by the Executive Committee on advice of CAG and any expenditure incurred in connection with the audit of accounts of the Society shall be payable by the Society.

(c) The CAG or their Chartered Accountant appointed by the Executive Committee on advice of CAG shall have the same rights and privileges in connection with the audit of accounts of the Society as the CAG has in connection with the audit of Government Accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Society.

Annual Report

63. An Annual Report of the proceedings of the Society and of all work undertaken during the Financial Year shall be prepared by the Director General. The Annual Report and the yearly accounts of the Society as certified by CAG or the Chartered Accountant appointed by Executive Committee on advice of CAG shall be placed before the Society together with the audit report thereon for its consideration and approval. Thereafter, a copy of the Annual Report will be submitted to the Government.

Internal Audit

64. The Director General with the approval of the Executive Committee, shall set up a complete and independent internal audit system in the Institute.

Seal of the Society

65. The Executive Committee shall provide for a seal of the society and also its safe custody and the shall never be sued with the authority by resolution of the Executive Committee previously given and the Director General shall every instrument to which the seal is affixed and every such instrument shall be countersigned by the Deputy Director General of the Society.

Alteration and Amendments

66. Any amendment in the Memorandum of Association or these Rules may be carried out by the Society with prior sanction of the Government.

67. The sanction of the society shall be obtained before the rules and regulations of the Society and any amendment to them are brought into force. The said rules and regulations may be altered or amended by a Resolution passed by a majority of the members.

Annual List

68. Once in every year in the month of January, a list of the names, addresses and occupations of the office bearers and members of the Board of Governors of the Society then constituted shall be filed with the Registrar of Societies for the National Capital Territory of Delhi as required under the Act.

Dissolution and Adjustment of Affairs

69. If the Society needs to be dissolved it shall be dissolved as per the provisions laid down under the Societies Registration Act, 1860 as applicable to the Union Territory of Delhi.

Application of the Act

70. All the provisions under all the sections of the Act, as applicable to the National Capital Territory of Delhi shall apply to this Society.



BYE-LAWS OF NIRDESH FRAMED BY THE BOARD OF GOVERNORS

Budget Estimates, Appropriation & Re-appropriation

1. Preparation of budget estimates of the Society, appropriation, re-appropriation of funds and other related matters shall be regulated in accordance with the scheme(s) formulated by the Executive Committee.

Expenditure Sanction

2. No expenditure from the funds of the Society shall be incurred without the sanction of the competent authority.

3. The Executive Committee may delegate powers to the Director-General, Deputy Director General and other officers of the Institute as may be considered necessary from time to time.

Contracts on behalf of Society & Litigation

4. All contracts shall be executed on behalf of the Society by an officer or officers of the Society as authorized by the Director-General and countersigned by such officer or officers as may be appointed by the Director-General for the purpose. The form and substance of all contracts shall be approved by Officer(s) authorized by Director-General.

5. The Deputy Director General or any other officer authorized b y Director-General shall have the power to file and defend suits and other proceedings on behalf of the Society and shall have the power to compromise, settle or refer to arbitration any dispute relating to the Society. The Director General may authorize an officer of the Society to sign Power of Attorney, pleading and all other documents/petitions/applications to be filed in any court including an Arbitrator, on behalf of the Society.

Investments

6. The funds of the Society shall be invested only in such manner as may be prescribed by the Executive Committee.

7. All investments of the funds of the Society shall be made in the name of the Society. All purchases, sales or alterations of such investments shall be effected on the authority of the Director-General and all contracts, transfer deeds or other documents necessary for purchasing, selling or altering the investments of the Society funds shall be executed by an officer authorized by the Director-General. The safe custody of the scripts/securities will remain in the personal charge of an officer of the Society authorized by the Director-General for the purpose and will be verified once in six months with the Register of Securities maintained for the purpose and a certificate of verification will be recorded by the officer of the Society in the Register.

Drawal of Funds

8. Funds will not be drawn from the Bank except on a cheque signed and/or countersigned by such officers as may be duly empowered in this behalf by the Executive Committee.

Maintenance of Accounts & their Audit

9. The Director-General, in accordance with the Guidelines approved by the Executive Committee may cause a Hand Book to be prepared which may provide for maintenance of accounts of the Society, System of Internal Audit, Audit of accounts and their presentation to the Society.

Recruitment, Promotion, Conditions of Service, Pay and other Benefits

10. Recruitment & Promotion, Term of appointment, conditions of service, pay and other benefits in respect of Director General and Director(s) of the Society shall be regulated in accordance with the detailed schemes approved by Board of Governors.

11. Recruitment & Promotion, Term of appointment, conditions of service, pay and other benefits in respect of all other officers and staff of the Society shall be regulated in accordance with the detailed schemes approved by the Executive Committee.