Memorandum of Understanding
1. DETAILS AND ACCEPTANCE
Agreement - Number / …………………… / Date of Execution: …………………, 2014RISL / RajCOMP Info Services Limited, Govt. of Rajasthan, Jaipur
Address for notices / ………….. , Yojana Bhawan, Tilak Marg, C Scheme, Jaipur 302005
Attention / ……………………………………….
Tel:
/ ( ) Fax ( )
Copy to / …………………….
Fax: ………………………..
Acceptance / RISL agrees to the conditions of this Agreement
Signature / ……………………………………………………………………
Name (print) / ……………………………………….
Title / CMD, RISL Date ...... 14
<Department Short Name> / <Department Name>
Address for notices
Attention
Tel
Acceptance (Please sign all pages) / <Department Name>agrees to the conditions of this MOU (For RTI services)
Signature / ……………………………………….
Name (print) / <name and designation of authorized signatory>
Title / Date …...... 14
This Memorandum of Understanding is made at ______on the ______(hereinafter “the Effective Date”) by and between RajCOMP Info Services Limited, Jaipur and <Department Name>having its Head Office at <Department Address>.
2. DEFINITIONS
ITEM / DefinitionB2C Service / Service offered/sold by private business to the public
CMD / Chairman & Managing Director, RISL
DeGS / Society formed under instruction of DOIT&C at district level with district collector as chairman for implementing e Governance projects in the district inter alia e-mitra Society.
Discloser / Shall mean the party which will disclose or which discloses any information to the other party
Department Short Name / Department Name
Kiosk Holder / Internet Kiosk Holder appointed by LSP/SCA and certified by DeGS under the CSC PROGRAM/e-Mitra project
LSP / Local Service Provider appointed by DeGS under the e-Mitra Project
MOU / Memorandum Of Understanding
Recipient / Shall mean the party to whom any information shared by the Discloser.
RISL / RajCOMP Info Services Limited. A company formed by DoIT&C to promote and undertake IT activities
SCA / Service center Agency by RajCOMP under the CSC Scheme
“Agreement” or “this Agreement” / This Agreement together with its annexure(s), exhibits as may be amended from time to time
Notice / Written communication by one Party to the other Party or Parties, as the case may be, issued pursuant hereunder that is properly addressed to the Notice Address of the other Party and hand delivered, delivered by courier or pre-paid registered postage.
RTI Services / Services provided by Emitra for RTI portal.
Applicant / Citizen who uses Emitra services for RTI portal for submission of RTI Application.
3. PREAMBLE
3.1 Department of IT & Communication (DoIT&C), through RajComp Info Services Ltd. (RISL), in collaboration with District e-Mitra Societies (DeGS), is running CSC/eMitra project, an integrated IT enabled platform for delivery of various services and information to rural and urban masses under single roof by setting up of kiosks at various locations in 33 districts across Rajasthan with the objective of ushering in e-Governance in the State on PPP (Public Private Partnership) basis. The CSC Program and e-Mitra Project is being implemented on a 3-tier model. The first level is that of DOIT&C/RISL. At the second level, there are SCAs/LSPs selected through open tendering process by DeGS/RISL & at the third level is the kiosk holders selected by SCA/LSP with whom they have sign agreement/MOU.
3.2 At the state level, RajCOMP Info Services Limited (RISL) is the State Designated Agency (SDA) under the CSC project and the executive agency under the e-Mitra project on behalf of the Government of Rajasthan.
3.3 District e-Governance Societies (DeGS) are Societies formed in each of 33 districts under the chairmanship of District Collector to facilitate and monitor implementation and operation of various e-governance initiatives including CSC and e-Mitra in the respective districts. The DeGS is responsible for the day to day monitoring and management of the project at the district level.
3.4 <Short text about the concerned department>
3.5 Department Nameintends to appoint DeGS/ RISL for the purpose of providing the RTI Services as stated below under this Agreement by using kiosk network of e-Mitra and CSC Project.
3.6 <Department Name> hereby appoints <Shri/ Smt. ______, Designation, email id & mobile no. as Nodal Officer for the end-to-end implementation of RTI application software in <Department Name> and would be the single point of contact for RISl with respect to the implementation of RTI application software in <Department Name>.
3.7 This MOU will not restrict the rights of any or all the parties to request for changes in the relationship during the tenure of this MOU.
3.8 All the parties also agree to modify the scope of work, terms & conditions and arrangement with mutual consent.
4. PROCESS FLOW
4.1 Process of Generation of valid Token Number. Process for generation of valid token id / deposition of RTI application fees at kiosk is mentioned below:
· Login in to Emitra portal (http://www.emitra.gov.in).
· Login with the kiosk- id and password. You will get default page of Pay Utility Bills after login.
· Select District (for which you want to avail service), Department (for which you want to avail service) and Select the service (which you want to avail).
· As per above selection you will get a form to be fill. Fill the details and press Get Bill button.
· Page will be displayed with entered values & amount. Press Pay this Bill buttons to get payment Gate way.
· Select Payment Medium and press Continue Payment button.
· Continue to necessary process to pay. After successful transaction you will get the Receipt Number and Token Number.
4.2 Process for submission of on-line application by kiosk through RTI portal is mentioned below:
· Select Kiosk User given on RTI Portal (www.rti.rajasthan.gov.in).
· If citizen is BPL, then upload BPL proof and BPL card no. and click on “I Verify” button. If citizen is not BPL, then enter Token Number, and click on “Validate Token No.” button.
· Fill in required information like routing information/ details; personal info and particulars of information solicited.
· Upload the required enclosures.
· Print the “Acknowledgement Receipt”.
5. GENERAL CONDITIONS
5.1 ROLES AND RESPONSIBILITIES OF <Department Name>
5.1.1 <Department Name> will coordinate, facilitate and take steps necessary for implementing this MOU.
5.1.2 <Department Name> / DoIT&C will provide the Application Software for the purpose and also help in up gradation and customization of the same to meet out the requirements arising from time to time. For the purpose of on-line submission of form for RTI application, the kiosks would use e-Mitra portal to generate receipt to applicant.
5.1.3 Department Name will arrange training of the representatives of LSP/SCA and/or Kiosk holders.
5.1.4 Department Name shall be responsible for updating the data received/downloaded from e-Mitra through an interface provided by e-Mitra into its backend database for making necessary payment entries in RTI system. Department Name shall be responsible for all such transactions that have been successfully executed on eMitra and are posted at RTI portal.
5.1.5 Department Namewarrants the originality of the items, information, materials and data (“RTI Material”) provided hereunder to e-Mitra to enable e-Mitra to perform the services and that it has the full and unrestricted right to disclose and provide them to e-Mitra and that their use by e-Mitra will not violate or infringe any statutory right or obligation, or any personal or privacy rights, copyright, patent, trade secret, privacy or similar right of any third party.
5.1.6 Department Nameshall not approach the branch /franchisee for the provision of service under this Agreement but shall directly approach e-Mitra for any issues relating to the services under the provisions of this Agreement.
5.1.7 The rates for any new or additional service will be discussed and mutually agreed between both the parties. Such agreement will be by exchange of letters and will form a part of this agreement.
5.1.8 Department Nameshall ensure awareness of facility of RTI Services on RTI portal through the CSC and e-Mitra kiosk network to its customers.
5.1.9 Technical support: - Technical support would be provided by the DoIT&C for smooth running of the system.
5.1.10 <Department Name> shall be solely responsible for the timely feeding and processing of the RTI applications, through RTI application software, received by them in compliance to the RTI Act including subsequent amendments issued from time to time.
5.1.11 <Department Name>’s nodal officer shall be responsible for the requisite department specific master data entry into the RTI portal and any discrepancy in data entered shall be solely attributable to the <department name>. RISL shall provide the necessary training in this regard to the nodal officer.
5.2 ROLES AND RESPONSIBILITIES OF RISL
5.2.1 The LSP/SCA and/or Kiosk holders’ shall accept deposit by way of cash from applicant applying from RTI Services at designated e-Mitra branches/outlets /Kiosk towards RTI application fees.
5.2.2 LSP/SCA and/or kiosk owner, on behalf of RISL, shall hand over an system generated printed acknowledgement receipt to the applicant (person paying fees) having Token No., Applicant Name, Department Name, date, fees amount, mode of payment and date of receipt of payment.
5.2.3 LSP/SCA and/or kiosk owner, on behalf of RISL, shall refuse the RTI Service to an applicant who has not presented the Application No. for further payment of fees (i.e. for services: RTI Document Print range above Rs 500, RTI Document Print range of max. upto Rs 100, RTI Document Print range of Rs 101-500) and shall not be liable for any consequences of such refusal. RISL, LSP/SCA and/or kiosk owner shall treat the applicant data as confidential and shall not misuse or disclose the same to third parties.
5.2.4 RISL will provide Department Name a detailed MIS, with fields as mutually agreed upon, containing details of collections as a downloadable report or via e-mail for the purpose of reconciliation on the day of the transaction at pre-agreed time intervals.
5.2.5 At the end of month, RISL and nominated Nodal Officer of Department Short Name shall reconcile the accounts and submit a joint verified statement based on transactions being made at all district by concerned e-Mitra/CSC kiosks.
5.2.6 Fund Transfer:
The applicant shall be charged Application Fees as per clause 6.1.1 along with services charges mentioned at clause: 6.1.2 and 6.1.3 as applicable.
RISL (RajOnline) shall retain their specified share of the transaction/service charges for Online Application Filling & Fee deposition as per clause 6.1.2 and 6.1.3 whose charges are to be borne by citizens in addition to the Application Fees as per clause 6.1.1 and transfer the actual fee amount, centralised in <district name>, into the below eGras account of <Department Code for Budget Distribution (IFMS)>-<Department Name> within T+4 bank working days (Where T is the transaction date)
· Revenue Head – Major : <Major Revenue Head>, Sub-Head : <Revenue sub-head>
The payment deposited shall be accompanied by the details in soft copy (On the mail ID provided byDepartment Name for RTI Services. Reports may also be taken by authorized officers of Department Name from a control panel on the web portal, protected under username and password, reserved for this purpose.
In cases where the collected amount is not deposited by RISL within the prescribed time frame in the account of Department Name then a penalty of 12% interest per annum may be applicable on RISL (RajOnline) for the delayed amount as well as on the number of days delayed.
6. SERVICE CHARGES
6.1.1 RTI Application Fee;
(i) For BPL category: No amount will be charged from the citizen
(ii) For Non BPL category: Rs. 10/-.
6.1.2 Service Charges (Inclusive of service tax):
Table 1: Service charges for various services of RTI application submission covered under RTI Act to be delivered through CSC and e-Mitra kiosk network:
S. No. / Service Name / Service Charges1 / Generation of Token Number (For services available to citizen free of cost i.e. BPL category) / Rs.5 per token
2 / Generation of Token Number + Deposition of RTI application fees at kiosk (Non BPL) / Rs.5 per application.
3 / Submission of On-line Application by Kiosk without life/liberty proof (Assuming S. No. 1 or S. No. 2 has been taken care) / Rs.20 to avail service involving scan & upload of only two pages.
4 / Submission of On-line Application by Kiosk with life/liberty proof (Assuming S. No. 1 or S. No. 2 has been taken care) / Rs.20/- + Rs 5/- for subsequent per A-4 size page scan and upload
5 / Deposition of fees through kiosk for dissemination of information against RTI Application under Act / Rs.5/- for information dissemination fees in range of max. upto Rs 100 under RTI 2005 Act
Rs.10/- for information dissemination fees in range of Rs 101-500 under RTI 2005 Act
Rs.15/- for information dissemination fees above Rs 500 under RTI 2005 Act
6 / Black & white print of one A-4 sheet / Rs 5/-
6.1.3 The distribution of the commission charges for submission of online application and deposition of fees (generation of token no.) will be as follows:
1. Local Service providers/SCA/CSC VLE/kiosk holder - 80 % of the service charge
2. RISL (RajOnline) - 20 % of the service charge
6.1.4 Necessary Rate Chart must be displayed by LSP/SCA/Kiosks for such purpose.
6.1.6 No additional charges can be taken from applicant beyond prescribed rate.
6.1.7 No other charges towards stationery or any other incidental expenses shall be payable by Department Short Name.
7. Indemnity
7.1.1 Department Short Name will not require LSP/SCA and/or Kiosk holders to deposit any security. Wherever e-mitra/CSC involves any private party it will be the responsibility of LSP/SCA and/or Kiosk holders to take adequate security from the party concerned so as to indemnify both e-Mitra/CSC/RISL and Department Short Name against any kind of default on the part of the party.
7.1.2 Department Short Name shall not be responsible for any claim/damage awarded for the deficiency in service attributable to any act of omission/fraud/theft/missing etc. committed by the staff of centers set up by LSP/SCA and/or Kiosk holders either willfully or by negligence or whatsoever.
8 Joint Publicity
8.1.1 The Department Short Name, RISL and DeGS would also ensure necessary publicity on the RTI & Department Short Name website/e-Mitra/CSC portal and the kiosks running in the State.