Bye-Laws

Under Rule 6 of the Rules & Regulation for
the administration and management of the
National Centre for Software Technology
(Until the common Bye-Laws of the merged C-DAC comes into effect, C-DAC Mumbai follows the Bye-Laws of formerly NCST)

1. Council Meetings and Procedure:

Meetings:
Meetings of the council shall be held ordinarily four times a year. An extra-ordinary meeting may be convened on the written requisition of at least three members of the Council.
Place of meeting:
Meeting of the Council shall be held at Registered Office of C-DAC, Mumbai unless the Chairman otherwise directs.
Notice of a meeting:
Notice and Agenda papers of an ordinary meeting shall be sent to the members to reach them at least 15 days before the date of the meeting. However, extraordinary meeting could be convened with at least 7 days notice.
Quorum and Procedure:
Three members shall form a quorum and all questions shall be decided by a majority of votes of the members present and voting. In the event of a tie, the Chairman shall have a casting vote.
Adjourned Meeting:
If there is no quorum at the expiration of fifteen minutes after the time fixed for a meeting, the meeting shall be adjourned to such a date as the chairman may fix.
Chairman of the meeting:
The chairman of the Council shall preside at all meetings of the Council. In the absence of the Chairman, the members present shall elect one from among themselves to preside at the meeting.
Minutes:
The Secretary shall keep the minutes of meeting of the Council, and send a copy of the minutes of every such meeting, within 15 days of the meeting to the address of the Visitors and each member of the Council.
Vacancy:
When a vacancy occurs in the office of a member of the Council other than Director through death, resignation, or any other cause, the Secretary shall, as soon as possible, notify the vacancy to the authority concerned, requesting it to nominate a member to fill the vacancy.
Advisory Committees:
The Council may appoint advisory committees consisting of its own members or of other persons or both to report to it upon any matter concerning C-DAC, Mumbai.
Committees of the Council:
The Council may appoint advisory committees from amongst its own members or the staff of the C-DAC, Mumbai of both, and may assign to such committees such powers and duties as are in accordance with the Rules and Bye-laws.
TA/DA to Council Members:
TA/DA will be paid to the members pf the Council for attending meetings of the Council of C-DAC, Mumbai as per rules framed by the council from time to time.
TA/DA to Committee Members:
TA/DA will be paid to the members of Official Committees for attending meetings of Committees.

2. Finance and Accounts:

Accounts:
The Head of Accounts Section of C-DAC, Mumbai shall be responsible for the proper Compilation and maintenance of accounts of C-DAC, Mumbai and getting them duly audited as per guidelines laid down by the council.
Receipts:
All moneys received for or on behalf of the C-DAC, Mumbai shall be placed in a current or fixed deposit account with a nationalised bank or banks in the name of C-DAC, Mumbai.
Budget Estimates:
The budget estimates for ensuing year shall normally be considered in September and finalised by December by the Council. The budget will show under various heads:
1. the actual expenditure of the preceding year,
2. the budget estimate for the current year,
3. the actual expenditure upto the end of September in the current year and
4. the budget estimate for the ensuing year
5. expected income from various sources

3. Terms and Conditions of Service of the staff of C-DAC Mumbai

The employees of C-DAC, Mumbai, other than the Director, are divided into two categories:

Technical Staff (Scientists and Engineers)
Administrative and supporting staff.

Terms of Appointment:
1. Certificate of physical fitness:
  Every employee shall, prior to taking up his appointment be medically examined and be certified fit for service by a medical practitioner nominated by the Director.
2. Agreement:
  Every employee of C-DAC, Mumbai shall accept in writing the terms and condition of his appointment before joining C-DAC, Mumbai and again before taking up each subsequent appointment.
3. Salary:
  Every employee shall be paid every month the salary fixed for his Post so long as he remains in the service of C-DAC, Mumbai and is eligible for it under these Bye-laws and Service Conditions framed by the Council.
4. Obedience to Rules and Regulations:
  During the period of his service every employee shall observe, obey and abide by the Rules of C-DAC, Mumbai and the Bye-laws made from time to time by the Council and all standing orders/instructions issued by the Director under Bye-law 5.1.2.
5. Provident Fund Benefit:
  During the continuation of his service an employee shall contribute to the Provident Fund, if called upon to do so, in accordance with the rules framed on that behalf by the Council from time to time.
6. Specific work:
  Every employee shall perform such duties as may be entrusted to him and shall, carry out the directions of the Councils or the Director, or of any other person to whose authority he may be subject, According to the Rules and Bye-laws of C-DAC, Mumbai and the standing orders/instructions of the Director.
7. Whole time service:
  An employee shall devote his whole time to the service of C-DAC, Mumbai and shall not take part in politics, or without the previous permission of the Council in the case of the Director, or of the Director in the case of others, engage, directly or indirectly, in any trade, business, occupation, profession or enter on any remunerative commitment, or absent himself from the duty without proper authorisation. Members of the staff shall not stand for election or accept nomination to any local body or university authority without the previous permission of the council in the case of the Director, and of the Director in the case of other staff.
8. Working on Sundays and C-DAC Mumbai holidays:
  The Director, or a member of the staff to whom the power has been delegated by the Director, may, for urgent work, call any member of the staff on Sundays and/or C-DAC, Mumbai holidays and may grant suitable compensation in lieu thereof.
9. Leave:
  Employees will be granted leave in accordance with the leave rules framed by the Council from time to time.
10. Discipline:
  The authority which appoints a member of the staff of C-DAC, Mumbai may discharge, remove, dismiss, or otherwise punish him for misconduct or for breach of the terms and conditions of his appointment after following the procedure prescribed in Bye-law 3.1.11. The Director may suspend a member of staff for a period up to thirty days, preparatory to disciplinary action as described above. Suspension shall not be treated as a punishment.
11. Order of discharge, removal or dismissal:
  No order of discharge, removal or dismissal shall be passed under the preceding Bye-laws unless the specific charges on which such order is to be passed, are framed against the person in writing, and given to the said person, so that he shall have reasonable opportunity of showing cause as to why the proposed action should not be taken against him, and submitting an explanation in writing within such time as may be prescribed by the appointing authority, provided that the requirements of the Bye-law may be waived if the facts, on the basis of which action is to betaken, have been established in a Court of Law, or where he has absconded, or where it is for any other reason impracticable to communicate with him. In every case where all or any of the requirements of the Bye-law are waived, the reasons for so doing shall be recorded in writing.
12. Appeals:
  An employee who has been discharged, removed or dismissed shall have a right of appeal against any order passed by the appointing authority to which the appointing authority is immediately subordinate, hereinafter referred to as appellate authority. Every appeal shall comply with the following requirements:
  1. It shall be couched in concise, polite and respectful language, and be free from irrelevant matter.
  2. It shall contain all material statements and arguments relied on and shall be complete in itself.
  3. It shall specify the relief desired.
  4. It shall be submitted to the authority which made the order appealed against, within a period of three months from the date on which the appellant receives a copy of the order appealed against provided further that a copy of the appeal may be submitted direct to the appellate authority.
  5. It shall not be addressed to the DSAO, Associate Director, Director or to any member of the Council by name, and such action shall be deemed a breach of discipline.
13. Consideration of appeals:
  In the case of an appeal against an order of discharge, removal or dismissal, the appellate authority shall consider:
  1. Whether the procedure prescribed in the preceding Bye-laws has been complied with and if not whether such non-compliance has resulted in a miscarriage of justice.
  2. whether the findings are justified.
  3. Whether the penalty imposed is excessive, adequate or inadequate and pass orders.
    1. setting aside, reducing, confirming or enhancing the penalty or
    2. remitting the case to the appointing authority or to any other authority with such direction as it may deem fit in the circumstances of the case provided that the appellate authority shall not impose any enhanced penalty unless the appellant is given an opportunity of making any representation which he may wish to make against enhanced penalty provided he makes representation within 60 days from the date he has been given the said opportunity.
14. Implementation of order in appeal:
  The authority, which made the order appealed against, shall give effect to the orders passed by the appellate authority.
15. Orders passed by the Council not appealable:
  Notwithstanding anything contained in these Bye-laws, no appeal shall lie against any order made by the Council.
16. Council's power to review:
  Notwithstanding anything contained in Bye-Laws 3.1.11 to 3.1.15, the Council may on its own motion or otherwise, after calling for the records of the case, review any order which is made or appealable under these Bye-laws, and
  1. confirm , modify or set aside the order
  2. impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order,
  3. remit the case to the appointing authority which made the order or to any other authority directing such further action or enquiry as it considers proper in the circumstances of the case, or
  4. pass such other orders as it deems fit, provided that an order imposing or enhancing the penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty provided he makes the representation within 60 days from the date he has been given the said opportunity.
17. Review of orders in disciplinary cases:
  The authority before which an appeal against an order imposing any of the penalties specified in Bye-laws 3.1.10 lies, may of its own motion or otherwise , call for the records of the case in a disciplinary proceeding, review any order passed in such a case, and pass such orders as it deems fit, as if the employee had preferred an appeal against such an order provided that no action under this Bye-law shall be initiated more than six months after the date of the order to be reviewed.
18. Pay and allowances on acquittal:
  If a member of the staff of C-DAC, Mumbai who has been discharged, removed or dismissed has been reinstated as a result of appeal, review or due to a court decision favourable to the employee, or the charges are not proved against him, the competent authority may grant to him for the period of absence from duty,
  1. if he is fully exonerated, the full pay to which he would have been entitled if he has not been suspended, discharged, removed or by an order to be separately recorded, any allowance of which he was in receipt prior to his discharge, removal or dismissal
  2. if not fully exonerated, proportion of such pay and allowances as the competent authority may prescribe.The period of absence from duty will be treated as period spent on duty in case
    1. It will not be treated as period spent on duty in case
    2. unless the appellate authority directs to the contrary

4. Appointment of Technical staff

Period of Service:
Members of staff of C-DAC, Mumbai, excepting those appointed on a temporary basis and those appointed explicitly on a contract basis, shall be appointed with a one year probation period. At the end of this period, probation may be extended but for not more than one year. At the end of the probation period on the basis of an evaluation of the individual's performance during probation, the Director may offer the staff member continuing appointment in C-DAC, Mumbai till the age of superannuation, namely 60 years. A staff member having a continuing appointment at C-DAC, Mumbai, at the end of service as Director, shall have the option to revert to the prior appointment.
All senior appointments:
All senior appointments in C-DAC, Mumbai in certain Senior grades, to be specified from time to time by the council, will be made by the council on the recommendation of the Director. The director would follow a process of selection in conformity with any guidelines laid down by the Council. All other appointment shall be made by the Director on the recommendation of the appropriated committees constituted by him in accordance with any guidelines laid down by the Council.
Extension beyond Seperannuation:
This may be granted by the council to a member of the staff, in special, in accordance the guidelines laid down by the council from time to time but in no case beyond the age of 65 years provided the Council is satisfied that the services of the members are absolutely essential for the activities of C-DAC, Mumbai. Such extensions will not, however, be given for more than 2 years at a time, and such extensions will not be given beyond the age of 62 in respect of administrative and supporting staff.
Termination of services:
1. Notice of Termination:
  In addition to the provision contained in Bye-laws 3.1.10, the services of any member of staff may be terminated by either partygiving to the other not less than three month's notice in writing to of notice shall be one month.
2. Curtailment of period of notice:
  Notwithstanding anything contained in 4.4.1,
  1. the services of any member of the staff may be terminated by giving a shorter notice than that specified in paragraph 4.4.1 on payment to him of a sum equivalent to the amount of his pay plus allowance for the period by which such notice falls short of the period specified.
  2. the appointing authority, or the authority to whom the power has been delegated, may accept a shorter period of notice from a member of the staff in special circumstances.
3. Leave on termination of service:
  In addition to the provision contained in Bye-laws 3.1.10, the services of any member of staff may be terminated by either partygiving to the other not less than three month's notice in writing to of notice shall be one month.
4. Leave on termination of service:
  Earned leave on full pay may be counted towards the period of notice required under Bye-law 4.4.1, and for any part not so utilized, pay and allowances may be paid at the discretion of the Director or a member of the staff to whom the power has been delegated by the Director.
Emoluments and allowances:
The council shall fix the scales of pay and allowances of the staff of C-DAC, Mumbai from time to time, after obtaining the consent of the Ministry of Information Technology (MIT) for any revisions.

5. Duties and Function of officers of C-DAC, Mumbai

The council shall fix the scales of pay and allowances of the staff of C-DAC, Mumbai from time to time, after obtaining the consent of the Ministry of Information Technology (MIT) for any revisions.

Duties of the Director:
1. Business of C-DAC, Mumbai:
  It shall be the duty of the Director to carry on the work of C-DAC, Mumbai under the control of the Council in accordance with the Rules and Regulations and Bye-laws for the administration and management of C-DAC, Mumbai. In case of exigencies, he may take such action as may be necessary andReport it to the Council.
2. Direction and control of the staff:
  All members of the staff of C-DAC, Mumbai shall be under the general control of the Director, who may issue Standing Orders and instruction from time to time.
3. Sanction of expenditure:
  All expenditure within the budget grant shall be approved and sanctioned by the director, as per powers delegated to him by the Council. Director in turn may delegate some of his powers to other officers of C-DAC, Mumbai. The Director shall have the power to make reappropriations subject to the following conditions:
  1. Reappropriation to augment the provision under the head Salaries, Allowances, Pension Fund and Provident Fund Contributions shall require the prior approval of the Council.
  2. No reappropriation shall be made from the head of Capital Expenditure to the head of Recurring Expenditure without the prior approval of the Council.
  3. Reappropriation within the heads of Capital Expenditure to coverexpenditure on a new project not included in the budget shall requireprior approval of the Council.
4. Supervision of Work:
  The Director shall exercise general supervision over the programme of work, R and D projects and product development work of C-DAC, Mumbai.
5. Co-ordination of work:
  The Director may call for the general plan of work of an individual or group of technical staff at the beginning of each year and at any other time he may consider necessary, and coordinate the work of the various sections in C-DAC, Mumbai.
6. Annual Report:
  The Director shall submit the Annual Report of C-DAC, Mumbai to The Council and the MIT not later than September each year for the preceding Financial year ending 31st March
Duties of the Associate Directors:
The Associate Director shall discharge such duties and functions as may be assigned to him by the Director.
Duties of Technical staff:
1. Supervision :
  Every officer shall supervise and direct the work of those working under him under the general direction of the Director.
2. Periodical Reports:
  Every officer shall submit periodical reports on his work. There shall not be less than one such report in the course of each year.
3. R & D Programme:
  Every officer involved in R & D, shall submit to the from time to time, or when called upon to do so, his R & D programme and that of the members of the staff and trainees working with him.
4. Sanction for work:
  All new schemes of R & D to be conducted at C-DAC, Mumbai which may involve any expenditure shall be submitted to the Director for sanction.
Duties of the Designated Senior Administrative Officer (DSAO):
1. Secretarial Work:
  The DSAO shall act as a secretary to the Council.
2. Work under the general control of the Director:
  In all matters concerning C-DAC, Mumbai, excluding finance and accounts, he shall work under the general control and order of the Directors.
3. Correspondence:
  The Designated Senior Administrative Officer (DSAO) shall be in charge of correspondence relating to C-DAC, Mumbai subject to the instructions of the Director.
4. Office Management:
  The DSAO, C-DAC, Mumbai will be in charge of the administrative staff and the general maintenance staff of C-DAC, Mumbai.
5. Maintenance of the Premises:
  The DSAO will look after the maintenance and upkeep of the premises and the property of C-DAC, Mumbai.
Duties of the Head of the Accounts section:
1. The head of the accounts Section shall work under the supervision of the Director and be responsible for all financial and accounting aspects of C-DAC, Mumbai.

6. Temporary Members:

Temporary Members:
Scholars may be invited, or admitted, to C-DAC, Mumbai as Temporary Members for participating in the work of C-DAC, Mumbai. Temporary Members may be paid such honoraria as may be decided by the Director from time to time within the guidelines approved by the Council.

7. Execution of contracts on behalf of C-DAC, Mumbai

Contracts with Director:
Contract between C-DAC, Mumbai and the Director shall be signed by the chairman or any other employee of C-DAC, Mumbai authorized by the Chairman of the Council for the purpose.
Contracts with others:
All other contracts by or on behalf of C-DAC, Mumbai shall be signed by the Director or by an officer of C-DAC, Mumbai, empowered by him.

8. Other matters for the Administrative and Management

Travel allowances:
Allowances for members of the council and of the staff of C-DAC, Mumbai for travel in connection with the business of C-DAC, Mumbai shall be paid in accordance with the rules framed by the Council for that purpose from time to time.
Attendance at Conference, Seminars, etc:
1. Members of the staff may be allowed to attend Conferences, Seminars, Symposia, etc. and may be deputed for specialized training or for the work of C-DAC, Mumbai at the discretion of the Council in the case of the Director and of the Director, or a member of the staff to whom the power has been delegated by the Director, in the case of others.
2. Member of the staff, when deputed by C-DAC, Mumbai under Bye-law 8.2.1, shall be eligible for deputation traveling allowances as laid down by the Council from time to time. In addition, the members so deputed shall be entitled to draw salary and dearness allowance, and be eligible for house rent and city compensatory allowances as per guidelines approved by the Council.
Contribution to Periodicals / Journals:
Contribution to periodicals/journals resulting from work carried out in C-DAC, Mumbai by members of the staff of C-DAC, Mumbai, shall contain appropriate acknowledgement to C-DAC, Mumbai and the concerned sponsoring agency. No contribution shall be sent to the Director as soon as it is published.
Lectures:
Members of the staff may accept invitation to give course of lectures at universities, educational institutional, etc., provided such lectures do not interfere with their work at C-DAC, Mumbai and provided further that the prior permission of the Director or a member of the staff to whom the power been delegated by the Director, has been obtained.
Examinerships:
Members of the staff may, if invited to do so, and with the prior approval of the Director or a member of the staff authorised by him, accept examinership for post-graduate degrees.

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