BY-LAWS OF KARNATAKA UNIT OF THE ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS

Transcription

1 BY-LAWS OF KARNATAKA UNIT OF THE ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS PREAMBLE: Whereas it is expedient to amend existing constitution and its by-laws, and adopt the written constitution of the ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS- KARNATAKA UNIT (hereinafter called as the Association) in accordance with the constitution of all India unit of the Association and the Central Civil Services (Recognition of Service Association) Rules, 1993 in the interest of the present requirement of the Group B Gazetted Executive Officers in Central Excise, Customs and Service Tax. Accordingly, in the Special General Body Meeting of the association held at Bangalore on 14 th June 2008, the same is passed and accepted as the constitution and by-laws of the association. 1. TITLE, JURISDICTION AND COMMENCEMENT This constitution shall be titled as the constitution & its by-laws of ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS KARNATAKA UNIT. This shall extend to the whole of state of Karnataka. 1. Aims and Objectives: a. To render service to the nation; b. To promote and safeguard the interest, rights and privileges of the members of the association; c. Association shall represent, promote and safeguard the interest, rights and privileges of all the members of the Association whether posted in the Central Excise, Customs and Service Tax or any other organization; d. To foster and promote the spirit of mutual goodwill and respect among the members of the Association as well as those among the members borne on the different cadres of the services and attempt at rooting out the factors germane to the growth of the spirit of dissatisfaction among the

2 members, inefficiency and individual delinquency, encouraging all the time just and honourable relation between the members of the association and the authorities e. To ventilate and secure redressal of the grievances of the members and the settlement of the differences and disputes by Constitutional, democratic and peaceful means f. To present to the Government the cause of the members unprejudiced by racial, communal or regional consideration; g. Generally, to do all such other acts as are incidental or conducive to the attainment of the above objectives; h. To affiliate with the all India body and co-operate with them in all it s activities that are constitutional and are intended to achieve the aims and objectives set forth in this constitution and bye-law; i. Issues involving interests of any individual members which shall not be the subject of victimization of any office bearer of the Association as a result of his holding such office; j. Any other object/ issues, which the Central Committee shall consider expedient for the common good of the members of association. 2. Membership: i. All Superintendents of Central Excise & Customs, Service Tax (Group B Gazetted) serving in Karnataka are eligible for membership of the Association and shall be guided by the Central Civil Services (Recognition of Service Association) Rules, Admission to membership: i. Superintendents on signing the membership form duly agreeing to the constitution and authorizing the deduction of subscription from the salary in accordance with CCS(RSA)Rules, 1993 will be considered as member of the association and will become active member of the association. 4. Funds and Subscriptions: 1. Finance of the association shall consist of the subscription and/or donations from the members.

3 2. Subscription of each member shall be Rs.300/- per annum( which includes the amount payable per member per annum to all India Unit towards membership subscription.) 3. The subscription at the rate fixed in these rules shall be collected through Pay Rolls as per the provisions of CCS(RSA)Rules, Entire amount of the subscription raised by the other units shall be pooled with the resources of the association, and whenever required the joint secretary can retain such amount as approved by the Executive Committee. 5. Duties of Members: It shall be the duty of every Member of the association, i. to abide by the Constitution; ii. to strive for the achievement of the aims and objectives of the association by being an active member of the association; iii. to promote the spirit of common brotherhood amongst all the staff of the dept; iv. to act in all decency and dignity in all official and nonofficial walks of life; v. to strive towards excellence in all spheres of individual and collective activities to achieve higher levels of achievement. 6. Cessation of membership: Any member of the association may cease to be a member on the following grounds;- i. If he resigns from the primary membership of the association ii. If he resigns/retires from service iii. If he is removed/ dismissed from service iv. If his membership is suspended by the association by taking a resolution to that effect. 7. ORGANS OF THE ASSOCIATION: The association will have following organs: a. The Central Committee: The following office bearers constitutes the Central Committee;

4 i. The President ii. The General Secretary iii. Three Vice-Presidents representing each zone in Karnataka iv. The Joint Secretary(Central) v. The Treasurer b. The Executive Committee: The following members constitutes the Executive Committee: the President, the General Secretary, three Vice Presidents representing each zone in Karnataka, the one Joint Secretary(Central), the treasurer, all the joint secretaries from each commissionerates, one joint secretary representing LTU, one joint secretary representing the other formations like DRI,DGCEI,NACEN, SEZ, etc., in Karnataka. c. The Zonal Committee: The Zonal committee shall consist of the respective vice-president, the joint secretaries and the members of the unit committees of the respective zone. d. The Unit Committee: The unit committee shall consist of the joint secretary of the concerned commissionerate and divisional representatives of the commissionerate e. The General Body: All the members of the association shall constitute the General body. 8. Tenure of the organs of the association: i. The term of the Central Committee shall be from one General Body Meeting to next General body meeting (excluding the special general body meetings) and shall not exceed twentyfour months. If election is not held within three months of expiry of the term, the office bearers would cease to be duly elected representative of the association. ii. All other committees shall cease to function on completion of the tenure of the Central Committee. iii. No confidence motion against the Central Committee shall be taken-up on receipt of memorandum duly signed by minimum 100 members. On receipt of such memorandum, the General Secretary shall call for a Special General Body Meeting and place before it for detail discussion. If the memorandum of no confidence is accepted in the General Body, a referendum will be called from all the members of the Karnataka Unit and if 2/3 members votes in

5 favour of the motion, then such motion will be taken as accepted and further action to elect the new body will be initiated. 9. Meetings: i. The Central Committee Members will be in constant communications with each other and meet regularly without any time frame. ii. The Executive Committee will meet atleast once in quarter. The Executive Committee shall have power to appoint the Election Committee consisting of three(3) members to conduct the election. iii. The Zonal Committee/Unit Committee shall meet as and when required by the zone/commissionerate they represent in consultation with the General Secretary iv. The Central Committee shall have the right to call any extraordinary meeting depending upon the exisgencies v. The General Body shall meet at least once in 24 months or within three months of expiry of tenure of the elected representatives. The General Body also shall have power to appoint the Election Committee consisting of three(3) members to conduct the election. vi. Requisition Meeting: An emergency requisition meeting can be called by two-third members of the Executive Committee in writing and the General Secretary /President shall within three months shall call for such meeting. 10. Headquarters of the Association: i. The headquarters of the association shall be normally be Bangalore. ii. Normally, the General Secretary of the association shall be stationed at Bangalore. If the General Secretary is stationed at station different from the hqrs. at the time of election to the post and if he/she is not willing to shift to the hqrs. of the association, he shall seek a station nearest to the hqrs. In such circumstances, the President or Joint Secretary shall seek transfer to the hqrs of the association. 11. Election: i. The elections to the Central Committee and the Executive Committee shall be conducted by an Election Committee appointed for the purpose by the General Body or the Sitting Executive Committee. For all election related disputes the decision of the Election Committee shall be final. The election Committee shall decide the election schedule keeping

6 its attention on tenure of the organs of the association cited supra. The election notice shall be given 30 days in advance to the date of election to all the members of the association. The mode of voting in the election shall be by marking in the secret ballot. The voting shall be taken place in as many places as feasible and atleast in each divisions where such divisions exists outside the hqrs. Voting through postal/sealed cover ballot shall be allowed but shall be sent directly to the Election Officer. ii. The Electoral College: a. Voters in the election: the members of the association who has signed the membership form and who has paid the subscription of membership to the association as on date of election shall form the electoral college. b. For the following office bearers, the Electoral College shall be all the members of the association covering entire Karnataka and fulfilling the above condition. The President, General Secretary, Joint Secretary(Central), and Treasurer c. For the following office bearers, the electoral college shall be all the members of the association working in the respective zone/commissionerate. Three Vice-Presidents representing each zone in Karnataka. The Joint Secretaries representing each commissionerates, One Joint secretary representing LTU, One Joint secretary representing the other formations like DRI,DGCEI,NACEN, SEZ, etc., in Karnataka iii. Eligibility for contesting elections: a. Every member of the Karnataka Unit of the association is eligible to contest the election unless expressly barred by the General Body. The nominations for candidature for members of Central Committee/Executive Committee shall be proposed and seconded by two members. b. If no members files nominations for the post of General Secretary who will be the chief executive of the association, for smooth functioning of the association, the General Secretary of the outgoing Central Committee shall continue to function as General

7 Secretary till the newly constituted Executive Committee decides on the issue of appointing the General Secretary. 12. Functions of the office bearers: (A) The President i. The President shall preside over all the meetings of the association. ii. He shall conduct the business of the Association in accordance with the constitution. iii. In any constitutional exigencies, his ruling shall be final. iv. He shall have the right to cast deciding vote. (B) The General Secretary The general secretary shall be the Chief Executive of the Association and shall i. Spear head all the activities of the Association; ii. Convene all meetings of the Association; iii. Incur necessary expenses in connection with the work of the Association; iv. Maintain records and accounts of the association and shall finalise the accounts once in every year. He shall produce the accounts to the auditing committee appointed by the Executive Committee and present in the immediate next General Body meeting alongwith audit report; v. Take spot decisions on emergent matters in the general interest of the association subject to postfacto approval of such decisions by the Executive Committee; vi. The general secretary shall have the power to appoint any committee by issuing notification to facilitate the smooth functioning of the association; vii. The general secretary shall communicate to all the office bearers the decisions/minutes of the meeting as well as all activities at least once in month. The General Secretary shall also issue circulars to the members briefing the activities of the association once in three months or as it deems fit;

8 viii. The General Secretary shall have the power to co-opt one treasurer among the members if nobody is elected in the election. The treasurer shall have no right to make correspondence on behalf of the association in any matter. (C) Zonal Vice-Presidents i. Each Vice-President shall be the incharge of the activities of the zone and preside over the meetings of the zonal committee; ii. He shall conduct meetings once in two months and send report to the General Secretary the outcome of the such meetings and issues discussed for initiating further action if any; iii. In the absence of the President, the Vice-President of the concerned zone in co-operation with the general Secretary shall function in all decision making process; (D) Joint Secretary(Central): i. The joint secretary shall be the executive next to the General Secretary. ii. He/She shall assist the General Secretary in discharging duties of the association. iii. He shall also perform the duties of the General Secretary during latter s absence. (E) Joint Secretary (Commissionerates) i. Joint Secretary represents the respective commissionerates from where he has been elected till he is transferred out of the commissionerate; ii. Joint Secretaries shall be the incharge of the activities of the Commissionerate which they are representing. He shall implement the decisions taken by Central/Executive Committee in the matters of the association in his Commissionerate. He shall in consultation with the General Secretary appoint the unit secretary representing the divisions which are situated outside the hqrs. for smooth functioning of the association activities. iii. He shall take up the issues pertaining to the members of the concerned Commissionerate with the administration for remedial measures in concurrence with the General Secretary.

9 iv. He shall communicate the news of the association received by him from the Central Committee to members in their Commissionerate. (F) Treasurer: i. The treasurer shall be the custodian of the finances and accounts of the association. ii. The treasurer shall work in coordination with the General Secretary in the matters of the association finances. iii. The treasurer shall maintain the association s bank accounts, depositing the cash and dd/cheques collected with the bank and related activities. iv. The treasurer shall receive money on behalf of the association and shall issue receipts. v. The treasurer shall make payment of all bills for expenses incurred on account of the conduct of the affairs of the Association, after they have been duly passed for payment by the General Secretary vi. The treasurer shall compile the statement showing the financial position of the association and submit it to the general secretary for placement in the Executive Committee/General Body. vii. The treasurer shall follow the principles of accountancy and commerce while maintaining the finance and accounts of the association. 13. Functions of different organs of the association: a) Central Committee shall have the function i. To assist the General Secretary in his day to day work; ii. To take any decision in the interest of the cadre subject to ratification by the Executive Committee; iii. To deal with any organizational problems faced by the units/members. b) Executive Committee shall have the function i. To pass any resolution by simple majority of votes in the interest of the association and its members; ii. To ratify any decision taken by the central committee; c) Zonal Committee shall have the function

10 i. To pass any resolution by simple majority of votes in the interest of the zone; ii. To take-up matters and grievances in respect of the concerned zone with appropriate authorities and in consultation with the President and the General Secretary from time to time. d) General Body shall have the function i. to take any decision in the interest of the association; ii. to ratify the decision of executive committee; 14. Bankers to the association: The Executive Committee shall decide the banks in which accounts shall be maintained and no. of accounts and manner of accounts for smooth maintenance of the finances of the association. Normally, Savings Bank Account in a scheduled bank at the hqrs.shall be maintained. The bank accounts shall be operated jointly by the General Secretary and the Treasurer. The bank accounts if any opened in stations otherthan hqrs of the association for operational feasibility, such accounts shall be operated jointly by the Joint Secretary of the concerned Commissionerate and the General Secretary. The Executive Committee shall approve the opening of more than one bank account. 15. Quorum: The quorum for the meeting of the different bodies of the federation shall be as under: a. General Body: 1/3 of the members of the association or fifty members attendance which ever is less. b. Executive Committee: More than ½ of the members of the Executive committee including the office bearer presiding over the meeting. 16. Financial Rules The accounting year of the association shall be the calendar year. The funds of the association shall be deposited in the Savings Bank Account in any Nationalised /Scheduled Bank and to be operated by the General Secretary and the tresurer. The fund will provide for all expenses made by the President, General Secretary And the treasurer which has been spent by them during the course of work of the association. The expenses incurred by vice-presidents and joint secretary s shall be reimbursable on producing the bills. The General Secretary shall be competent to sanction expenditure not exceeding

11 Rs.5000/-. The Executive Committee shall be competent to sanction expenditure exceeding Rs.5,000/- but not exceeding Rs.30,000/-. In cases of emergency, the executive committee shall also be permitted to authorize expenditure exceeding Rs.30,000/- subject to such expenditure being ratified by the General Body in it s next meeting. Similarly, the General Secretary can be permitted to authorize expenditure exceeding 5000/- but not exceeding Rs.10,000/- in cases of emergency subject to such expenditure being ratified by the Executive Committee in it s meeting. The Executive Committee shall be competent to write off as irrecoverable any sum not exceeding Rs.2,500/-which cannot be realized normally, or which having been advanced from the funds of the association under the specific sanction of the competent authority cannot either be utilized for the purpose for which it was advanced or be recovered from the person or authority to whom such advance was made for reasons beyond the control of the association. The general body shall be competent to write-off as irrecoverable any sum exceeding Rs.2500/- under similar circumstances. 17. Audit: The auditors appointed and approved by the Executive Committee shall audit the accounts of the association. The audit shall be completed in time to be placed before the General Body. 18. Periodicity of meetings: The meetings of commissionerate/zonal committee may be held as many times as necessary. The meetings of the Executive Committee shall be held at least once every quarter and such meetings shall include the emergency meetings. 19. Amendment to Constitution: The executive committee shall have the right to amend the constitution by casting the vote if required and to frame, amend, alter, substitute, rescind or add at any time the bye-laws of the association by the General Body, by a majority of not less than two-thirds of the members present at the General Body Meeting. 20. Resignation of office by office berares: Resignations of the office bearers shall be submitted to the Executive Committee which shall consider and accept the same. The resignation of the President shall be submitted to the General Body or the Executive Committee and it shall be accepted by either of them.

12 21. Co-option. In case of vacancy arises in the posts of Office bearers due to resignation or any cause, the executive committee through co-option amongst the office bearers to take over the charge of the post. In case of non-election to the posts of office bearers due to lack of the candidates or no candidates contesting the elections, the elected representatives of the associations shall co-opt for vacant posts of office bearers in the interest of smooth functioning of the association and in the interest of its members. Such co-option shall be placed before the General Body for its approval. Such co-opted office bearers shall abide by this constitution. 22. JCM Membership: The General Secretary/& President shall be the ex-officio members of JCM or similar forum. In case of non-availability of the said office bearer to attend the said meeting, the Executive Committee may nominate any other office bearer to represent the association in the said meeting. 23. Travelling Allowance: The Executive Committee shall be competent to pay reasonable railway/bus fares or other conveyance charges, in addition to other reasonable expenses, to its respective office bearers, who are permitted to attend meetings at a station other than the headquarters of the office bearers. The traveling and other expenses of the delegates nominated by the executive committee to attend such meetings shall also be borne by the funds of the association. 24. Dissolution: The association may be dissolved by a resolution adopted by twothird majority of the members.