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MOA of JNARDDC, Nagpur

MEMORANDUM OF ASSOCIATION

AND RULES & REGULATIONS

OF

JAWAHARLAL NEHRU ALUMINIUM RESEARCH DEVELOPMENT AND DESIGN CENTRE

(An Autonomous Body under Ministry of Mines, Govt. of India)

Registered under Societies Registration Act, 1860 ( 455/87-Nagpur dated 13.8.1987)

&

Registered under Bombay Public Trust, 1950 ( F-6778-Nagpur dated 8.10.1987)

Jawaharlal Nehru Aluminium Research Development & Design Centre (An Autonomous Body under Ministry of Mines, Govt. of India)

Amravati Road, Wadi, Nagpur – 440023

N R D J

A D C


I n t r o d u c t i o n :

Jawaharlal Nehru Aluminium Research Development & Design Centre is

registered under Societies Registration Act, 1860 ( 455/87-Nagpur dated

13.8.1987) as applicable to the state of Maharashtra.

As per Bombay Public Trust, 1950 (applicable to the state of

Maharashtra), all societies registered under the Societies

Registration Act, 1860 in the State of Maharashtra are converted

into public trust.

Since JNARDDC is situated in the State of Maharashtra, the Centre

obtained registration under Bombay Public Trust, 1950. ( F-6778-

Nagpur dated 8.10.1987) as per the above statutory Act.

[ 1 ]


Memorandum of Association

of

Jawaharlal Nehru Aluminium Research, Development and Design Centre, Nagpur

The name of the Society is “Jawaharlal Nehru Aluminium Research, Development and Design Centre.” 2. The Registered Office of the Society shall be situated in the State

of Maharashtra and at present it is at the following address : Jawaharlal Nehru Aluminium Research, Development and Design

Centre, Nagpur, Maharashtra. 3. The objects for which the Jawaharlal Nehru Aluminium Research,

Development and Design Centre is established are : (a) To assimilate the technology available in the country for production

of Alumina and Aluminium including Aluminium Alloys. (b) To undertake, aid, promote, guide, manage, coordinate and

execute research in Alumina and Aluminium technology including Aluminium Alloys and environmental management/energy saving techniques for Alumina /Aluminium Projects.

(c) To develop technical know-how and basic engineering for

production of Alumina/Aluminium and its alloys. (d) To develop by purchase, lease or otherwise in whole or in part,

equipment and facilities to further the objects of the Society. (e) To establish, maintain and manage facilities for the acquisition,

storage, retrieval, dissemination, evaluation, scrutiny and interpretation of information relating to technologies required for its programme.

(f) To collaborate with scientific agencies, research centres and

educational institutions on specific projects and undertake investigations in the field of technology relevant to the objects of the Society.

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(g) To conduct field experimentation, pilot plant testing and evaluation

of other such activities necessary for the proving of technologies in the field of Alumina and Aluminium.

(h) To cooperate and collaborate with other national and/or foreign

institutions and international organisations to further the objects of the Society.

(i) To publish and disseminate the results of research, development,

test and evaluation conducted by the Society. (j) To register patents, designs and the technical know-how that may

be developed by the Society and transfer of any portion of such patents/designs/technical know-how and to receive royalty and such other payments that the Society may decide on such patents designs and technical know-how.

(k) To receive funds, grants-in-aids, subscriptions, donations fees,

charges etc. and to invest such funds/money entrusted to the Society upon such securities or in such manner as may from time to time be determined by the Governing Body in line with the extent instructions of the Government to the Society.

(l) To do all such other things as the Society may consider

necessary/incidental/ancillary to the attainment of the main objects of the Society.

4. All incomes/earnings from movable or immovable assets including

patents, designs, know-how etc. of the Society shall be solely utilised and applied towards the promotion of its aims and objects only as set forth in the Memorandum of Association and no portion thereof shall be paid transferred directly or indirectly by way of dividends, bonus, profits or in any manner whatsoever, to the present or past members of the Society or to any person claiming through any one or more of the present or past members. No member of the Society shall have any personal claim on any movable or immovable assets of the Society or can make any profits whatsoever by virtue of his membership.

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Notwithstanding anything contained herein above the Society shall not be debarred from making payment in good faith for remuneration to any member thereof or any other person in return for any service rendered to the Society or for travelling allowance halting or other similar charges. 5. The Central Government may issue such directions to the Society

as it may consider necessary for the furtherance of the objects of the Society and for ensuring its proper and effective functioning and the Society will carry out such directions.

6. The names, addresses, occupations and designations of the

present members of the Governing Body to whom the Management of the Society is entrusted as required under the Societies Registration Act – 1860 as applicable to the State of Maharashtra are as under :-

Sr. No.

Name, Designation & Address Designation in the Society

1. Shri B.K. Rao Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan New Delhi

Chairman

2. Shri P.K. Lahiri Additional Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan New Delhi

Member

3. Shri B.S. Ramaswamy Financial Adviser & Additional Secretary to the Government of India Ministry of Steel & Mines Udyog Bhawan New Delhi.

Member

4. Shri K.V.B. Pantulu Chairman-Manager Director National Aluminium Company Ltd. “IDCO HOUSE”, Janpath Bhubaneswar.

Member

5. Shri P.S. Rao

Chairman-Managing Director Bharat Aluminium Company Ltd. 18, Nehru Palace New Delhi.

Member

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7. We the undersigned are desirous of forming a Society, namely,

Jawaharlal Nehru Aluminium Research Development and Design Centre

under the Societies Registration Act-1860 as applicable to the State of

Maharashtra in pursuance of this Memorandum of Association of the

Society.

S.N

. Name, Designation & Address Designation in

the Society Signature

1. Shri B.K. Rao Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan, New Delhi

Chairman

2. Dr. V.R. Gowariker Secretary to the Govt. of India Ministry of Science & Technology Technology Bhawan New Mehrauli Road, New Delhi

Member

3. Dr. A.P. Mitra Secretary to the Govt. of India Department of Scientific & Industrial Research & DG/CSIR , Rafi Marg, New Delhi

Member

4. Shri B.S. Ramaswamy Financial Adviser & Additional Secretary to the Govt. of India Ministry of Steel & Mines Udyog Bhawan, New Delhi

Member

5. Shri P.K. Lahiri Additional Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines, Shastri Bhawan, New Delhi

Member

6. Shri K.V.B. Pantulu Chairman-Manager Director National Aluminium Company Ltd. “IDCO HOUSE”, Janpath, Bhubaneswar.

Member

7. Shri P.S. Rao Chairman-Managing Director Bharat Aluminium Company Ltd. 18, Nehru Palace New Delhi.

Member

[ 5 ]


RULES AND REGULATIONS OF THE JAWAHARLAL NEHRU ALUMINIUM RESEARCH DEVELOPMENT AND DESIGN CENTRE

TITLE

1. These rules and regulations may be called the Rules &

Regulations of the Jawaharlal Nehru Aluminium Research, Development and Design Centre.

INTERPRETATION 2. In these rules, the following words and abbreviations have the

meaning given to them, unless there is anything contrary in the subject or context.

(a) The “Society” shall mean the Jawaharlal Nehru Aluminium

Research, Development and Design Centre. (b) The “Governing Body” shall mean the Governing Body of the

Centre. (c) The “Chairman” shall mean the Chairman of the General

Body/Governing Body. (d) The “Director” shall mean the Director appointed under these

rules. (e) The “Secretary” shall mean the Secretary of the Centre appointed

in accordance with the Rules and Regulations of the Society. (f) “Government” means Government of India. (g) Words importing the singular number shall include the plural

number and Vice-versa. Words importing the masculine gender shall include the feminine gender.

MEMBERS OF THE SOCIETY

3. The Society shall consist of the following Members :

SN Name, Designation & Address Designation in the Society

1. Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan, New Delhi.

Chairman

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2. Secretary to the Govt. of India Ministry of Science & Technology Technology Bhawan New Mehrauli Road, New Delhi.

Member

3. Secretary to the Govt. of India Dept. of Scientific & Industrial Research & Director General / CSIR Rafi Marg, New Delhi.

Member

4. Financial Adviser & Additional Secretary Ministry of Steel and Mines Udyog Bhawan, New Delhi

Member

5. Additional Secretary / Joint Secretary Department of Mines Shastri Bhawan, New Delhi

Member

6. Chairman-Managing Director National Aluminium Company Ltd., Bhubaneshwar.

Member

7. Chairman-Managing Director Bharat Aluminium Company Ltd. 18, Nehru Palace, New Delhi.

Member

8. Chairman-Cum-Managing Director Metallurgical Engineering Consultants (I) Ltd. Ranchi

Member

9. Chief Executive Hindustan Aluminium Corporation Ltd. Renukoot.

Member

10. Managing Director Indian Aluminium Co. Ltd., Calcutta

Member

11. Managing Director Madras Aluminium Company Ltd., Madras

Member

12. Controller of Aluminium Department of Mines, New Delhi.

Member

13. Such other person, body or individual interested in academic or research work of the Society as the General Body may decide to admit.

Member

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4. The Society shall keep a roll of members, giving their addresses

and occupations, and every member shall sign the same. 5. If a member of the Society changes his address, he shall notify his

new address to the Secretary of the Society, and the entry in the roll will be changed accordingly. In case he fails to do so, his address and/or occupations given in the roll of members shall be deemed to be correct for the purpose of the Society.

6. Should a person appointed, nominated or elected as a member of

the Society under Rules 3, be prevented from attending a Meeting of the Society, a substitute to take his place at that Meeting of the Society may be appointed, nominated or elected by the Authority who appointed, nominated or elected the Member who is so prevented from attending the Meeting and such substitute shall be entitled to take part in the proceedings of the Meeting including the right to vote thereat.

DURATION OF APPOINTMENT 7. Members covered by Rule 3 would have a term of three years or

such other period as may be fixed by the Government. 8. When a person becomes or is appointed or nominated as a

member of the Society by virtue of an office held by him, his membership of the Society shall terminate when he ceases to hold that office, and the vacancy so caused shall be filled by his successor to that office.

9. A member of the Society shall cease to be member on the

happening of any of the following events :- If he resigns, becomes of unsound mind, becomes insolvent or is

convicted of a criminal offence involving moral turpitude or his employer refuses to grant him permission to serve on the Society.

10. Whenever a member desires to resign from the Membership, of

the Society, he shall forward a letter containing his resignation addressed to the Secretary and his resignation shall only take effect on its acceptance by the Chairman.

[ 8 ]


Members of the General Body and

Governing Body and their duration

of appointment amended in the

Extraordinary General body meeting

on 8th June, 1992. (Copy enclosed in page nos.

20 to 25 of MOA)

[ 8 - A ]


11. Each member of the Society shall continue as such for such period

as may, from time to time, be determined by the appointing or nominating authority.

12. The Government may terminate the membership of any member

or at one and the same time the membership of all members other than ex-officio members of the Society. Upon such termination the vacancies shall be filled in accordance with the relevant provisions of the rules. The members whose membership is so terminated shall be eligible for reappointment.

13. The Society shall function notwithstanding any vacancy in its body

and no act or proceeding of the Society shall be invalid merely by reason of such vacancy or of any defect in the appointment of any of its members.

GENERAL BODY : COMPOSITION, POWERS AND FUNCTIONS 14. The General Body shall consist of members mentioned in Rule 3.

The General Body shall do all such things and perform all such acts as may be necessary for effectively carrying out of the aims and objectives of the Society. The General Body shall lay down broad general policy for the guidance and implementation by the Governing Body. The General Body would pass the annual accounts, consider the performance of the Society and transact any other business as may be necessary, subject to the approval of Government, the General Body shall have powers to frame, amend or repeal rules and Regulations, of the Society.

AUTHORITIES AND OFFICERS OF THE SOCIETY 15. The following shall be authorities and officers of the Society :

a) The General Body b) The Governing Body c) The Director d) Such other authorities and officers as may be constituted or

appointment by the Society, as per Rules and Regulations of the Society.

16. The Secretary, Department of Mines shall be the Chairman of the

Governing Body.

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17. The Society shall establish and maintain its own Office and other

Establishment, necessary to its purposes.

18. Appointment of persons to the various posts under the Society and fixation of their remuneration shall be made in accordance with the recruitment rules framed for the purpose by Governing Body, with the approval of the General Body.

19. The Director of the Jawaharlal Nehru Aluminium Research, Development and Design Centre who shall be a distinguished Scientist, shall be appointed by the General Body. He shall be the principal Executive Officer of the Society.

20. The affairs of the Society shall be managed, administered directly and controlled, subject to Rules and Regulations and orders of the Society, by the Governing Body. For this purpose, the Governing Body shall have the power subject to these Rules and Regulations, to frame By-laws. The Governing Body of the Society for the purposes of Societies Registration Act – 1860 shall consist of the following :-


1. Shri B.K. Rao Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan, New Delhi

Chairman

2. Shri B.S. Ramaswamy Financial Adviser & Additional Secretary to the Government of India Ministry of Stell & Mines Udyog Bhawan, New Delhi.

Member

3. Shri P.K. Lahiri Additional Secretary to the Govt. of India Department of Mines Ministry of Steel & Mines Shastri Bhawan, New Delhi

Member

4. Shri K.V.B. Pantulu Chairman-Manager Director National Aluminium Company Ltd. “IDCO HOUSE”, Janpath Bhubaneswar.

Member

5. Shri P.S. Rao Chairman-Managing Director Bharat Aluminium Company Ltd. 18, Nehru Palace New Delhi.

Member

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1st Amendment to Rule-19 of MOA approved by the Governing Body

(Item No. 9 of 36th Governing Body meeting on 31.01.2006)

Appointment in Autonomous Institutions through ACC (Appointment Committee of Cabinet)

The Department of Personnel & Training, Govt. of India has recently brought issued a circular O.M. No.28(17)/2004-EO(SM.II) dt. 30.11.2005(Copy enclosed), wherein it has become mandatory to route all appointments made in the Scale of Rs.18400-22400 and above through A.C.C. In this regard the relevant rules in the Articles of Associations and Memorandum of Association and also Recruitment Rules has to be completed within three months . As per Rule-61 of the Articles of Associations and Memorandum of Association, the Governing Body is competent authority to approve such an amendment. In compliance with the above directive, a draft amendment is put up for approval of the Governing Body. Rule-61 : “The rules of the Society may, with the sanction of the Government, be altered at any time by a Resolution passed by majority of the members of the Society present at any meeting of the Society which shall have been duly convened for the purpose. These will have to be approved and got registered with the Registrar of Societies.” (A) Articles of Associations and Memorandum of Association.

Existing Rule Proposed Amendment Rule-19 The Director of the Centre shall be a distinguished Scientist, and shall be appointed by the General Body. He shall be the principal Executive Officer of the Society.

Rule-19 The appointment of the Chief Executive i.e the Director will require the prior approval of the ACC. (Appointments Committee of the Cabinet). The Director of the Centre shall be a distinguished Scientist, and shall be appointed by a Search-cum-Selection Committee constituted by the Ministry/Department in consultation with and as per the guidelines of the DOP&T for such appointments to Autonomous Institutions. The Search-cum-Selection Committee shall necessarily include one representative of the DOP&T (Department of Personnel & Training) of the appropriate level and one outside expert of eminence from the relevant field. The above recruitment rule will also be followed for appointment to all posts in the scale of pay of Rs.18400-22400 and above in the Centre.

(B) Recruitment & Assessment Rules-1999 of JNARDDC Existing Rule Proposed Amendment

Rule 4.1 (Relevant portion) The appointing authority for the Director of the Centre will be the General Body.

Rule 4.1 (Relevant portion) The appointment for the post of Director and all posts in the scale of pay of Rs. 18400-22400 and above in the Centre shall made in accordance with the provisions of amended Rule-19 of the Articles of Associations and Memorandum of Association of the Centre.

Governing Body is requested to approve the above amendment. ======================================================================

[ 10 – A ]

Minutes of the meeting (31.01.2006) : The Governing Body approved the proposal for necessary amendment in Memorandum of Association and Rules and Regulations and Recruitment Rules of JNARDDC.


2nd Amendment to Rule-19 of MOA approved by the Governing Body

( Item No. 13 of 44th Governing Body on 16.11.2011 )

Modification of recruitment rules in Autonomous Institutions as per Appointments Committee of the Cabinet (ACC) guidelines

The Department of Personnel & Training, Govt. of India has issued certain guidelines vide circular O.M. No.28(17)/2006-EO(SM.II) dated 03.07.2006 with regards to all appointments made in the Scale of 18400-22400 and above in Autonomous Institutions.

In this regard, Ministry of Mines vide letter no. 30(3)/2011-Met.I dated 2.9.2011 has advised the Centre to obtain the approval of the Governing Body for following the DoP&T guidelines for all such recruitments. (ANNEXURE : P – 1 & 2)

Accordingly, the required amendment is put up for approval of the Governing Body.

Articles of Associations and Memorandum of Association.

Existing Rule (amended in 36th GB) Proposed Amendment Rule-19 The appointment of the Chief Executive i.e the Director will require the prior approval of the ACC. (Appointments Committee of the Cabinet). The Director of the Centre shall be a distinguished Scientist, and shall be appointed by a Search-cum-Selection Committee constituted by the Ministry/Department in consultation with and as per the guidelines of the DOP&T for such appointments to Autonomous Institutions. The Search-cum-Selection Committee shall necessarily include one representative of the DOP&T (Department of Personnel & Training) of the appropriate level and one outside expert of eminence from the relevant field. The above recruitment rule will also be followed for appointment to all posts in the scale of pay of 18400-22400 and above in the Centre.

Rule-19 The appointment of the Chief Executive i.e the Director and all posts in the scale of pay of 18400-22400 and above in the Centre shall come under the purview of the ACC. (Appointments Committee of the Cabinet). The Director of the Centre shall be a distinguished Scientist, and shall be appointed by a Search-cum-Selection Committee constituted by the Ministry/Department with concurrence of DoP&T. The Search-cum-Selection Committee would mandatorily include at least one outside expert of eminence from the relevant field. All the relevant DoP&T guidelines for autonomous bodies w.r.t above shall be applicable to JNARDDC as issued and amended by DoP&T from time to time.

Governing Body is requested to approve the above amendment.

Minutes of the 44th Governing Body meeting held on 16th Sept. 2011

Rule-19 : The Governing Body approved the proposal with the stipulation that the pay band and grade pay attached to the post of the Director, JNARDDC must be amended appropriately to bring it in consonance with the Sixth Pay Commission. [i.e. PB–4 ( 37,400 - 67,000) + Grade Pay 10,000 ]

[ 10 – B ]


21. The Official members of the Governing Body or of any Committee

appointed by it shall not be entitled to any remuneration from the Society. The non-official members of the Governing Body or any Committee appointed by it shall be paid by the Society such travelling and daily allowances as may be provided for in the Rules & Regulations to be made in this respect for the journeys undertaken by them for attending the meetings of the Governing Body or of committees set up by the Governing Body in connection with any business of the Society.

PROCEEDING OF THE SOCIETY

22. An Annual General Meeting of the Society shall be held at such time, date and place as may be determined by the Chairman. At such Annual General Meeting, the Governing Body shall submit the Annual Report and Audited Accounts of the Society, together with the Auditor’s Report thereon.

23. The Chairman may convene a Special General Meeting of the Society, whenever he thinks fit.

24. The Chairman shall convene a Special General Meeting of the Society on the written requisition of not less than five members of the Society.

25. Any requisition so made by the members of the Society, shall express the object of the meeting proposed to be called and shall be left at the address of the Secretary or posted to his address.

26. At all Special General Meeting, no subject other than that stated in the notice or requisition, as the case may be, shall be discussed except when specially authorized by the Chairman.

27. Excepting as otherwise provided in these Rules, all meetings of the Society shall be called by Notice under the signature of the Secretary.

28. 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 Fifteen (15) clear days before the day appointed for the meeting.

29. The accidental omission to give notice to or the non-receipt of notice by any member, shall not invalidate the proceedings at the meeting.

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30. The Chairman of the Society shall preside at all meetings of the

Society. In the absence of the Chairman, the meeting shall be presided over by a member chosen from amongst themselves by members present to preside for the occasion.

31. Five members of the Society, present in person shall form a

quorum at every meeting of the Society. 32. All disputed questions at meetings of the Society save and except

at those convened under the provisions of Rule 60 and Rule 63 shall be determined by a majority of votes of the members present and voting.

33. Each member of the Society shall have one vote. In case of

equality of votes, the Chairman shall have a casing vote. 34. Once in every year, on or before the 14th day succeeding the day

on which the Annual General Meeting of the Society is held, a list of the names, addresses and occupations of the members of the Governing Body then entrusted with the management of the affairs of the Society shall be filed with the Registrar of Societies.

NOTICE OF MEETING 35. A notice may be served upon any member of the Society, either

personally or by sending it through post in an envelope addressed to such member at the address mentioned in the roll of members.

36. Any notice so served by post shall be deemed to have been

served on the day following that on which the letter, envelope or wrapper containing the same is posted and in providing such a service, it shall be sufficient to prove that cover containing such notice was properly addressed and put into the Post Office.

FUNCTIONS AND POWERS OF THE GOVERNING BODY

37. The Governing Body shall generally carry out and pursue the objects of the Society, as set forth in the Memorandum of Association. The management of all the affairs and funds of the Society shall, for this purpose, vest in the Governing Body.

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38. The Governing Body shall exercise all the powers of the Society,

subject nevertheless to such limitations as the General Body may, from time to time, impose in respect of the expenditure from the funds of the Society and of grants made by the Government; provided always that the Governing Body shall have no greater powers in the matter of expenditure from the funds of the Society than the Government possesses in respect of expenditure from public funds.

39. In particular and without prejudice to the generality of the foregoing

provisions, the Governing Body shall have the power, subject to the provisions of these Rules and Regulations to :-

i) consider the annual and supplementary budget placed before it by

the Secretary from time to time, and pass them with such modifications as the Governing Body may think fit;

ii) Create and abolish posts; iii) Appoint various scientific, technical, administrative and other

officers and staff of the Society, fix their remuneration and define their duties;

iv) Enter into arrangements with the Government and through them

with Foreign and International agencies and Organisations, the State Governments and other Public or Private Organisations or individuals for securing and accepting grants-in-aid, endowments, donations or gifts to the Society, on mutually agreed terms and conditions; provided that contrary to; inconsistent or in conflict with the objects of the Society;

v) Take over, acquire by purchase, gifts, exchange, lease or hire or

otherwise from Government and through them from Foreign and International Agencies and Organisations, the State Governments and other public or private bodies or individuals, institutions, libraries, laboratories, immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with objects of the Society;

vi) Appoint a Research Advisory Council, Committees and Sub-

Committees; for such purposes and with such powers and for such periods and on such terms as it may deem fit, and dissolve any of them;

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vii) Delegate such administrative and financial powers as it may think proper to the Chairman, the Director, the Secretary and such other officers of the Society as may be considered necessary; and

viii) Subject to the Rules, Regulations and Bye-laws, provide for the

following matters :-

a) Preparation and sanction of budget estimates, sanctioning of expenditure, entering into and execution of contracts, investment of the funds of the Society, Sale or alteration of such investments and maintenance of accounts and their audit;

b) Procedure for recruitment of officers and establishment in the

service of the Society; c) Terms and tenures of appointments, emoluments, allowances,

rules of discipline and other conditions of service of the officers and establishments of the Society.

d) Terms and conditions governing the grant of scholarships,

fellowships and grants-in-aid for research schemes and projects not inconsistent with the objects of the Society.

e) Such other matters as may be necessary for the administration

of the affairs and funds of the Society.

40. For the proposes of Section 6 of the Societies Registration Act of 1860, the Secretary shall be considered the Principal Officer of the Society and the Society may sue or be sued in the name of the Principal Officer of the Society.

41. Every meeting of the Governing Body shall be presided over by Chairman, and in the absence of Chairman, the Meeting shall presided over by a Member chosen from amongst themselves by members present to preside for the occasion.

42. The Governing Body shall meet as frequently as necessary but not less than four times a year.

43. For the purpose of the last rule, each year shall be deemed to commence on the 1st day of April and terminate on the 31st day of March of the calendar year.

[ 14 ]


Amendment to Rule-42 of MOA approved by the Governing Body Minutes of the 43rd Governing Body of Jawaharlal Nehru Aluminium Research Development and Design Centre (JNARDDC), Nagpur held on 28th October, 2010 in the chamber of Secretary (Mines), New Delhi List of participants is at Annex.

After welcoming all the members, the Director, JNARDDC gave a broad overview of various activities of the Centre and thereafter, agenda items were taken up for deliberations.

1. Confirmation of the Minutes of the 42nd meeting of the Governing Body

The minutes were confirmed.

2. Action Taken Report

2.1 It was decided to hold two Governing Body Meetings in a financial year, in September/October and in March. Secretary (Mines) said that two of the QPRs can be held along with the Governing Body Meetings.

Rule – 42 of MOA The Governing Body shall meet as frequently as necessary but not less than four times a year. (The above rule stood amended accordingly as per the decision taken in the 43rd Governing Body meeting held on 28.10.2010)

***********************************************

Annexure List of Participants of the 43rd Governing Body Meeting of JNARDDC held on 28.10.2010 at 3.30 PM in Secretary (Mines) Chamber

1. Shri S. Vijay Kumar Secretary, Ministry of Mines

In Chair

2. Shri S. K. Srivastava Additional Secretary, Ministry of Mines

Member

3. Shri S.K. Nayak Joint Secretary, Ministry of Mines

Member

4. Shri Sanjeev Mittal Joint Secretary & Financial Advisor, Ministry of Mines

Member

5. Shri A. C. Wadhawan Chairman, RAC, JNARDDC

Member

6. Padmashri N.R. Mohanty Ex-CMD, HAL, Bangalore

Member

7. Dr. J. Mukhopadhyay Director, JNARDDC

Member

8. Shri. P.K. Padhi Director (P&T) NALCO

Representative member

9. Dr. S. K. Wadhawan Director (Technical) Ministry of Mines

Special Invitee

10. Shri Gaurav Kumar Deputy Secretary, Ministry of Mines

Special Invitee

Leave of absence was granted to other members.

[ 14 – A ]


44. The Chairman may himself call, or by a requisition in writing signed

by him may require the Secretary to call a meeting of the Governing Body at any time and on the receipt of such a requisition, the Secretary shall forthwith call such a meeting.

45. Any business, which it may be necessary for the Governing Body

to perform, except such as may be placed at before its annual meeting, may be performed by resolution in writing circulated among all its members and any such resolution so circulated and approved by a majority of the members signing shall be as effectual and binding as if such resolution had been passed at a meeting of Governing Body, provided that at least five members of the Governing Body have recorded their approval of the resolution.

FUNCTIONS AND POWERS OF THE CHAIRMAN 46. The Chairman shall exercise such powers for the conduct of the

business of the Society as may be delegated to him by the Governing Body.

47. The Chairman may, in writing, delegate such of his powers as he

may think necessary, to the Director.

FUNCTIONS AND POWERS OF THE DIRECTOR 48. Subject to any order that may be passed by the Government or by

the Chairman in exercise of the powers delegated to him by the Governing Body, and the decisions of the Governing Body, the Director shall be responsible for the proper administration of the affairs and funds of the Society under the direction and guidance of the Governing Body. He shall be vested with such executive and administrative powers of the Society as may be necessary or incidental for the purpose, subject to these Rules and Regulations.

49. Not later than the 1st February of each year, the Director will

prepare detailed estimates of the receipts and expenditure, and the anticipated opening and closing balance of the Society for the ensuing financial year.

[ 15 ]


50. The funds of Society will consist of the Following :-

a) Lump sum and recurring grant made by the Government. b) Fees and other charges received by the Society. c) All other money received by the Society.

All funds of the Society shall be deposited into the Society’s

account with Branches of the State Bank of India or its subsidiaries or in a scheduled/nationalized bank and its branches, and shall not be withdrawn except on cheques signed and countersigned by such officers as may be duly empowered by the Chairman.

51. The funds of the Society shall not be appropriated for expenditure

on any item which has not been approved by the competent authority under these Rules and Regulations.

52. The funds provided in the sanctioned estimates shall be deemed

to be at the disposal of the Director who will have full powers to appropriate sums therefrom to meet expenditure on each item which has been approved by the competent authority.

53. The Director shall have power to re-appropriate funds from one

unit of appropriation to another provided that :

i) the total sanctioned cost of each approved scheme be not thereby exceeded except to the extent permitted by Rules and Regulations.

and

ii) such-appropriation shall not have the effect of involving the Society into further outlay in the following years on the same Scheme.

54. All the Investment 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 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.

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Amendment to Rule - 54 of MOA approved by the Governing Body

(Minutes of the 34th Governing Body meeting held on 26th Feb. 2004)

Amendment to Clause 54 of Memorandum of Association of the Centre - Investment of the funds of Society

While considering the application of the JNARDDC for renewal of Recognition of Scientific and Industrial Research Organisations (SIROs) in respect of JNARDDC, the Ministry of Science and Technology, Department of Science & Industrial Research, New Delhi, had pointed out that the investment clause in the MOA of our Centre is not as per DSIR guidelines/IT Act. Ministry of S&T has requested us to submit an undertaking that the investment clause in the MOA of our organisation will be amended as per Section 11(5) of the IT Act, 1961, within one year and till then any surplus funds with the organisation will be invested only in modes approved by Section 11(15) of the IT Act 1961. Accordingly revised application along with an undertaking on the above lines was submitted. Later on, renewal of recognition was granted to JNARDDC for the period from 1.4.2003 - 31.3.2006. In view of the foregoing, it is necessary to make amendments to Clause 54 (Investment clause) in the MOA of the Centre. The existing clause 54 and the proposed amendment is indicated below:

Existing Clause 54 Clause 54 after incorporating the Amendment

All the 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 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 authorised by the Director.

All the Investments of the funds of the Society shall be made in the name of the Society. The surplus funds will be invested only in modes approved by Section 11(5) of the IT Act, 1961. All purchases, sales or alterations of such investments shall be effected on the authority of the Director 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.

Governing Body, is requested to kindly approve the above. ================================================================

[ 16 – A ]

Minutes of the 34th Governing Body meeting held on 26th Feb. 2004 C) Amendment to Clause 54 of MOA for the Centre The Governing Body approved the amendment in clause 54 of Memorandum of Association of the Centre – Investment of the funds of Society


ACCOUNTS AND AUDIT 55. The Accounts of the Society shall be audited by the Auditor

appointed by the General Body.

ANNUAL REPORT

56. The Annual Report of the proceeding of the Society and of all work undertaken during the year shall be prepared by the Governing Body for the information of the Government and the members of the Society. This Report and the audited Accounts of the Society alongwith the Auditor’s Report thereon shall be placed before the Society at the Annual General Meeting.

OFFICE OF THE SOCIETY

57. The Office of the Society shall be situated in Nagpur in the State of Maharashtra or at such other place as the Governing Body may decide.

SEAL

58. The Governing Body shall provide a seal and also for its safe custody and the seal shall never be used except by the authority of the Governing Body previously given, and one member of the Governing Body previously given, and one member of the Governing Body shall sign every such instrument to which the seal is affixed and every such instrument shall be countersigned by the Secretary or by some other person appointed by the Governing Body for the purpose.

CONTRACTS

59. Save as otherwise provided, all contracts shall be executed on behalf of the Society by an Officer or Officers of the Society as authorised by the Director and countersigned by such Officer or Officers as may be appointed by the Director for the purpose provided that in case of the staff recruited by the Society from outside India all contracts in relation thereto shall be executed on behalf of the Society by such person or persons as may from time to time be nominated for the purpose by the Director.

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ALTERATION OR EXTENSION OF THE PURPOSE OF THE SOCIETY 60. Subject to the approval of the Government previously obtained, the

Society may alter or extend the purposes for which it is established or be amalgamated either wholly or partially with any other Society by following the undermentioned procedure :-

a) The Governing Body shall convene a Special General

Meeting of the members of the Society according to these Rules for the consideration of the said proposition.

b) The Governing Body shall submit the proposition for such

alteration, extension or amalgamation as aforesaid to the members of the Society in a written or printed report.

c) Such report would be delivered or sent by post to every

member of the Society fifteen (15) clear days previous to the said Special General Meeting.

d) Such proposition be agreed to by the votes of three fifths of

the members of Society delivered in person or by proxy at the said Special General Meeting and

e) Such proposition be confirmed by the votes of three fifths of

members of the Society present at the second Special General Meeting convened by the Governing Body at an interval of one month after the former meeting.

61. The rules of the Society may, with the sanction of the Government,

be altered at any time by a Resolution passed by majority of the members of the Society present at any meeting of the Society which shall have been duly convened for the purpose. These will have to be approved and got registered with the Registrar of Societies.

62. The Society may, with the approval of the Government, change its

name as per Section 12 and 12A of the Societies Registration Act, 1860.

63. If three-fifths of the members shall have expressed a wish for

dissolution of the Society by their votes delivered in person or proxy at a general meeting convened for the purpose, any number not less than three-fifths of the members of the

[ 18 ]


Society, may, with the prior consent of the Government, determine that the Society shall be dissolved. Thereupon, it shall be dissolved forthwith, or by the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the Society, its claims and liabilities according to the rules of the Society applicable thereto, if any, and if not, then as the General Body shall find expedient.

64. If, on the winding up or dissolution of the Society, there shall

remain after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Society or any of them but shall be dealt with in such manner as the Government may determine.

65. All provisions contained in the Societies Registration Act – 1860 as

applicable to the State of Maharashtra shall apply to this Society. 66. Certified that this is the correct copy of Rules and Regulations of

the Society.

(B.K. RAO) (B.S. RAMASWAMAY) (P.K. LAHIRI) Chairman Member Member

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Amendment to the Members of the General Body and Governing Body and their duration of appointment as approved in the Extraordinary

General body meeting on 8th June, 1992.

Minutes of the Extraordinary General Meeting General Meeting held on 8th June 1992 at 10.30 A.M. in the Chamber of the Secretary (Mines), Shastri Bhavan. New Delhi. PRESENT

1. Shri V. Krishnan Chairman

2. Dr. P. Rama Rao Member

3. Shri M. Gopalakrishna Member

4. Shri. S.N. Johri Member

5. Shri S.H. Azad Member

6. Shri S.N. Mishra Member

7. Shri. C.P.S. Nair Member

8. Dr. T.R. Ramachandran Member

Shri V.K. Agarwal and Shri M. Pihilip were present in place of Shri A.K.

Agarwal and Shri T. Mitra, Members, respectively with due authorization.

Shri A.S. Bandyopahyay, Secretary-Cum-Administrative Officer was in

attendance.

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The Chairman welcomed the Members and explained the purpose of

convening the Extraordinary General Body Meeting. Thereafter the subject

on the agenda was taken up for consideration and the following resolutions

were unanimously adopted :-

Subject : Reconstitution of the Governing Body and General Body

and time limit of appointment for non-official Members in the Governing Body

“Resolved that the Governing Body and the General Body be and are

hereby reconstituted as under :-

GOVERNING BODY

1. Secretary to the Government

of India Ministry of Mines

Shastri Bhavan

New Delhi – 110 001

Chairman Ex-officio Chairman

2. Financial Advisor and

Additional Secretary to the

Govt. of India, Ministry of

Mines, Udyog Bhavan


Member Ex-officio Member

3. Additional Secretary to the

Govt. of India

Ministry of Mines

Shastri Bhavan



4. Chairman-Managing Director

National Aluminium Co. Ltd.

IDCO Tower, 8th Floor

Janpath

Bhubaneshwar- 751 007


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Bharat Aluminium Co. Ltd. Aluminium Sadan SCOPE Complex Core-6, 3rd Floor 7, Lodi Road New Delhi – 110 003


6. President/ Chief Executive Hindustan Aluminium Corporation Limited P.O. RENUKOOT Distt. Sonebhadra (UP) Pin – 231 271


7. Managing Director Indian Aluminium Co. Ltd. 1, Middleton Street CALCUTTA – 700 071


8. Jt. Secretary to the Government of India Ministry of Mines Shastri Bhavan New Delhi- 110 001


9. Chief Technical Advisor (TPPC) Ministry of Mines Shastri Bhavan New Delhi – 110 001


10. Director Defence Metallurgical Research Laboratory P.O. Kanchanbagh Hyderabad – 500 258


11. Dr. C.G. Krishnadas Nair Member Non-official Member 12. Dr. A.K. Mallik Member Non-official Member 13. Director

Jawaharlal Nehru Aluminium Rresearch Development and Design centre Mohta Apartments Katol Road, Chhaoni Nagpur – 440 013.


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GENERAL BODY 1. Secretary to the government of

India Ministry of Mines Shastri Bhavan New Delhi – 110 001

Chairman Ex-officio Chairman

2. Secretary to the Government of India Ministry of Science and Technology Technology Bhavan New Mehrauli Road New Delhi – 110 029


3. Secretary to the Government of India Deptt. of Scientific and Industrial Research and Director General, CSIR Rafi Marg New Delhi – 110 001

Member Ex-Officio Member

4. Financial Advisor and Additional Secretary to the Govt. of India Ministry of Mines Udyog Bhavan New Delhi – 110 011


5. Additional Secretary to the Govt. of India Ministry of Mines Shastri Bhavan New Delhi – 110 001


6. Jt. Secretary to the Government of India Ministry of Mines Shastri Bhavan New Delhi- 110 001


7. Chairman-Managing Director National Aluminium Co. Ltd. IDCO Tower, 8th Floor Janpath Bhubaneshwar- 751 007


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Bharat Aluminium Co. Ltd. Aluminium Sadan SCOPE Complex Core-6, 3rd Floor 7, Lodi Road New Delhi – 110 003


9. Chairman- Managing Director Metallurgical & Engineering Consultants (India) Limited Doranda RANCHI – 834 002.


10. President/ Chief Executive Hindustan Aluminium Corporation Limited P.O. RENUKOOT Distt. Sonebhadra (UP) Pin – 231 271


11. Managing Director Indian Aluminium Co. Ltd. 1, Middleton Street CALCUTTA – 700 071


12. Chairman-Managing Director Madras Aluminium Co. Ltd. 98, Peters Road MADRAS-600 086


13. Chief Technical Advisor (TPPC) Ministry of Mines Shastri Bhavan New Delhi – 110 001


14. Director Jawaharlal Nehru Aluminium Rresearch Development and Design centre Mohta Apartments Katol Road, Chhaoni Nagpur – 440 013.


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“FURTHER RESOLVED that the tenure of the non-official Members

shall be for the three years effective from 1st January, 1992 and the

tenure of the official Members shall be co-terminus with the office

they hold.”

The Meeting ended with a vote of thanks to the Chair.

**********************************

[ 25 ]


JNARDDC registered u/s 12 A(a) of IT Act, 1961

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Documents

MEMORANDUM OF ASSOCIATION AND RULES & REGULATIONSjnarddc.gov.in › en › RTI › MEMORANDUM_OF_ASSOCIATION_JNARD… · 2019-01-31 · MEMORANDUM OF ASSOCIATION AND RULES & REGULATIONS