CONSTITUTION
OF THE
ALL INDIA
GAZETTED EXECUTIVE OFFICERS
Preamble
The Constitution of the “All India Association of Central Excise Gazetted Executive Officers” was last amended in the Associate Executive Committee meeting of the Association held on 20th August 2006. A fresh look at the existing Constitution has been a necessity in view of the different changes took place in the Department in the intermittent period and also to incorporate necessary provisions and clarity that were found deficient in the earlier Constitution, based on the experience of its implementation and in conformity with the Central Civil Services (Recognition of Service Association) Rules, 1993.
Accordingly, the august body of the Associate Executive Committee Meeting at Patna
Article 1: Name of the Association
The name of the Association shall be “All India Association of Central Excise Gazetted Executive Officers’ Association” (hereinafter referred to as the Association)
Article 2: Headquarters of the Association
The Headquarters of the Association shall be at a place where the Headquarters of the Secretary General of the Association is located with reference to his posting.
Article 3: Aims and Objectives
· To promote and safeguard the common interest, rights and privileges of all members of the Association all over the country and to work for ventilating and securing the redressal of their legitimate grievances.
· To foster and promote the spirit of mutual goodwill and respect among the members of the Association
· To promote and foster fraternity amongst other service Associations and to work in coordination with anyone, if necessary, provided whose aims and objectives are not repugnant to our aims and objectives.
· To work untiringly for promoting the interest of the nation and to enthuse and motivate the members to render best and efficient service to the nation and to work for accelerating development process of the country.
· To create and maintain such establishment, fund and organs in a manner consistent with the Rules approved by the Govt. for the purpose of promoting and safeguarding the rights and privileges of the members of the Association.
· To organize seminar, press-conference, meetings, printing of journal/newsletter in a manner consistent with the Rules approved by the Govt. for the purpose of promoting and safeguarding the rights and privileges of the members of the Association.
· To represent the cause of the members unprejudiced by racial, communal or regional consideration and independent of any political belief.
· To take any other steps as may be conducive or incidental to the attainment of the objectives of the Association for welfare of the members of the Association and for furtherance the cause of the Association.
· To adopt measure for rendering pecuniary and other assistance to any member in distress and in the event of bona fide need.
· To resort always to constitutional means for achieving the aims and objectives.
Article 4: Organisation
A. There shall be Associate units of the All India Association of Central Excise Gazetted Executive officers’ Association all over India
The Associate Units shall have their own bye-laws in conformity with the Constitution of the Association and the Central Civil Services (Recognition of Service Association) Rules, 1993.
B. There shall be Regions all over India
Article 5: Membership
All promotee Gazetted Executive Officers in CBEC (i.e., Superintendents of Central Excise and all Group-A officers promoted from Superintendents of Central Excise) are eligible for membership of the Association on the basis of option for deduction of subscription from salary at the rate specified in the Constitution of the Association and shall be guided by the Central Civil Services (Recognition of Service Association) Rules, 1993.
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Article 6: Cessation of Membership
1. Any member of the Association shall cease to be a member on the following grounds:-
(i) If he/she resigns from the Membership of the Association in writing.
(ii) If he/she resigns/retires from Service or otherwise ceases to be in the service
2. A member may be expelled from membership of the Association by an Associate Unit if
(i) he/she refuses to pay his/her subscription for more than one year;
(ii) he/she is found deliberately acting in contravention of the aims and objectives of the Association.
No member shall, however, be removed without being given a reasonable opportunity of being heard. An expelled member may, however, be readmitted on the basis of decision taken by the Associate Unit in response to the written request made by him/her to the Associate Unit subject to payment of arrears of subscription due from him/her and subject to such other condition(s) as may be imposed by the said Associate Unit in this regard.
Article 7: Subscription
1. Each member of the Association shall pay subscription of Rs. 600.00 per annum which shall be collected through pay Rolls as per provision of CCS (RSA) Rules, 1993 under the supervision of the Associate Units.
2. Each Associate unit shall contribute 25% of the subscription of a financial year, so collected, to the Association before 30th April of the next financial year.
3. The Association may raise additional subscription from the members in case of exigencies.
Article 8: Organs of the Association
The Association shall have the following organs:
(i) THE Central Committee
The Central Committee shall consist of the President, Vice-Presidents (2 nos. from each Region), Secretary General, Assistant Secretary General, Joint Secretaries (2 nos. from each Region) and the Treasurer (but Treasurer, nominated by the Secretary General, is an ex-officio member and shall have no voting rights).
All the Associate Committee members shall be the ex-officio Executive Committee members of their respective Associate Units.
(ii) THE Executive Committee
The Executive Committee shall consist of the President, Vice-Presidents (2 nos. from each Region), the Secretary General, the Assistant Secretary General, Joint Secretaries (2 nos. from each Region), Treasurer (but Treasurer, nominated by the Secretary General, is an ex-officio member and shall have no voting rights) and President and General Secretary of each Associate Unit.
(iii) THE Regional Executive Committee
There shall be Regional Executive Committee for each Region (as notified under Art. 4B) each consisting of Regional President, Regional Secretary and Vice-Presidents (2 nos. from each Region) and Joint Secretaries (2 nos. from each Region) of the Region. The Presidents and General Secretaries of the Associate Units of the Region shall be the members of the Regional Committee.
(iv) THE General Body
The General Body shall consist of the Central Committee and the delegates nominated by the Associate Units where number of delegates(including President and General Secretary of the Associate Unit) shall be 1(one) for every 100(one hundred) subscribing members and 1(one) for the remaining fraction of over 50(fifty) subscribing members. Only delegates have the right to vote in election.
Article 9: Office Bearers of the Association and functions thereof
(A) PRESIDENT
(i) The President shall preside over all the meetings of the Association and effectively conduct or cause to conduct the business of the meeting;
(ii) The President shall exercise general supervision over the functioning of the Association and co-ordinate its affairs all over the country through the Associate Units;
(iii) He shall have the right of casting vote in case of tie.
(B) VICE-PRESIDENT
(i) The senior-most Vice-President (or in his/her absence the next senior-most) shall perform the function of the President in his absence[due to resignation, promotion, superannuation or any other circumstance];
(ii) Apart from discharging the responsibility as constituent of different Organs of the Association, the Vice-Presidents shall ordinarily assist the President in his/her work;
(iii) The Vice-Presidents shall also be responsible for the act of coordination of the Association with the Associate Units belonging to the Region he/she is representing and also for the act of coordination amongst the Associate Units of the said Region.
(C) SECRETARY GENERAL
Subject to the direction and control of the Central Committee, Executive Committee and the General Body, the Secretary General shall be the Chief Executive of the Association and shall
(i) Convene all meetings of the Association;
(ii) be responsible for maintenance of records and accounts of the Association and shall submit the report of the functioning of the Association including the records of the accounts once in every year in the Executive Committee/General Body meeting;
(iii) be responsible for preparation of the agenda of the meetings of the Central and Executive Committee of the Association in furtherance of the aims and objectives of the association;
(iv) be responsible for recording the proceedings of all the meetings represented in person;
(v) be the chief spokesperson of the Association in all forums and before the media and shall be responsible for effectively dealing with the publicity matters and utilizing the media for pursuing the cause of the Association;
(vi) be the ex-officio member of the Regional committees and all sub-Committees that may be appointed;
(vii) be responsible for taking all actions on the decisions taken/resolutions adopted in meetings of different organs of the association;
(viii) be responsible for regularly communicating to the office bearers, Associate Units the decisions and minutes of all meetings of the organs of the Association as well as meeting of the Association representatives held with the Departmental authorities, other cadre Associations etc. and the activities and developments of the Association including the actions taken on the decisions taken/resolutions adopted in meetings of different organs of the Association;
(ix) have the power to appoint one Office Secretary (perform day-to-day work of office of the Federation or such other duties as may be entrusted to him by the Secretary General and have no voting right and no right to make any correspondence on behalf of the Association in any matter) and one Treasurer [function enumerated under sub-clause (H) of this Article] as per his/her convenience;
(x) discharge any other function as may be considered expedient for furtherance of the aims and objectives of the Federation, as may be decided by the Central Committee, Executive Committee and General Body, as the case may be;
(xi) make all the correspondences on behalf of the Association;
(xii) be responsible for proper utilization of the Fund of the Association and proper accounting thereof.
(xiii) represent the Association in all forums and before the Departmental authorities along with President and/or other office bearers.
(xiv) be responsible for developing mechanism to disseminate all information to the members to increase transparency and interaction.
(D) ASSISTANT SECRETARY GENERAL
Apart from discharging the responsibility as constituent of different Organs, the Assistant Secretary General shall assist the Secretary General in his work and shall perform the function assigned to the Secretary General in his absence [due to Resignation, Promotion, Superannuation or any other circumstance].
(E) JOINT SECRETARY
(i) Apart from discharging the responsibility as constituent of different Organs of the Association, the Joint Secretaries shall ordinarily assist the Secretary General in his/her work;
(ii) The Joint Secretaries shall also be responsible for the act of coordination of the Association with the Associate Units belonging to the Region he/she is representing and also for the act of coordination amongst the Associate Units of the said Region.
(F) REGIONAL PRESIDENT
(i) The Regional President shall preside over all the meetings of the Regional Executive Committee of the Region he is representing and effectively conduct or cause to conduct the business of the meeting;
(ii) The Regional President shall exercise general supervision over the functioning of the Regional Executive Committee;
(iii) He shall have the right of casting vote in case of tie.
(G) REGIONAL SECRETARY
The Regional Secretary shall
(i) Convene all meetings of the Regional Executive Committee of the Region he is representing;
(ii) take up matters and grievances in respect of the concerned Region with appropriate authorities along with President and/or other office bearers of the Regional Executive Committee in consultation with the President and the Secretary General of the Association from time to time;
(iii) co-ordinate the affairs of the Regional Executive Committee with those of the Associate Units of that Region.
(H) TREASURER
The Treasurer shall
(i) maintain the accounts of the Association, prepare the annual receipts and payments account, get the account audited by the auditor appointed for such purpose and shall assist the Secretary General/ submit the audited annual financial report of the Association before the Meetings;
(ii) be responsible for depositing the subscription collected from the Associate Units to the nationalized Bank selected for such purpose;
(iii) have no voting right and no right to make any correspondence on behalf of the Association in any matter.
Article 10: TENURE OF THE OFFICE BEARERS-VIS-A-VIS THE ORGANS OF THE ASSOCIATION
The tenure of the office bearers of different Organs of the Association shall be ordinarily 2(two) years from the date of election. However, if election is not held within three months of expiry of this term, the office bearers would cease to be duly elected representative of the Association. The tenure of the Treasurer and the Office Secretary, who are not elected members, shall automatically end with the tenure of the Secretary General, who has appointed them.
Article 11: FUNCTIONS OF DIFFERENT ORGANS OF THE ASSOCIATION
(A) THE CENTRAL COMMITTEE
The Central Committee shall act in consistent with the decision taken at or the policy laid down by the Executive Committee and/or the General Body and have the function to
(i) assist the Secretary General in his day to day work;
(ii) take any decision by simple majority of votes in the interest of the cadre excepting the decision(s) which have been specifically assigned to other Organ of the Association by the Constitution and/or which, according to the Constitution, is/are required to be taken by specified majority of votes ;
(iii) deal with any organizational problems including the one faced by any Associate Unit or more;
(B) THE EXECUTIVE COMMITTEE
The Executive Committee shall act in consistent with the decision taken at or the policy laid down by the General Body and have the function to
(i) take any decision and/or adopt any resolution by simple majority of votes in the interest of the Association excepting the decision(s) which have been specifically assigned to other Organ of the Association by the Constitution and/or which, according to the Constitution, is/are required to be taken by specified majority of votes;
(ii) take into consideration, any decision taken by the Central Committee for review, if it deems fit;
(iii) To discuss point for point the report (including the audited accounts) placed by the Secretary General on the workings of the Association and consider for acceptance of such report with such amendment/modification as it deems fit.
(iv) deal with any organizational problems including the one faced by any Associate Unit or more;
(v) to consider formation of different sub-Committees for the purpose of smooth running of the Association;
(vi) take decision on forming/modifying/delimiting any Region(s) or Associate Units for smooth functioning of the Association and in conformity with the Central Civil Services (Recognition of Service Association) Rules, 1993 passed by two-third majority of the office bearers present and voting in the Executive Committee meeting.
(vii) to determine the eligibility vis-a-vis continuity of any Associate Unit in keeping with the relevant provision(s) of the Constitution
(C) THE GENERAL BODY
The General Body shall have the function to
(i) take any decision and/or adopt any resolution by simple majority of votes in the interest of the Association excepting the decision(s) which, according to the Constitution, is/are required to be taken by specified majority of votes;
(ii) take into consideration, any decision taken by the Central Committee and Executive Committee for review, if it deems fit;
(iii) to discuss point for point the report (including the audited accounts) placed by the Secretary General on the workings of the Association and consider for acceptance of such report with such amendment/modification as it deems fit;
(iv) Take decision on any matter or deal with any problem that has been assigned to other organ(s) of the Association;
(v) To conduct election of the office bearers of the different organs of the Association.
(D) THE REGIONAL EXECUTIVE COMMITTEE
The Regional Executive Committee shall act in consistent with the decision taken at or the policy laid down by other Organs of the Association and have the function to
(i) take any decision and/or adopt any resolution by simple majority of votes in the interest of the concerned Region excepting the decision(s) the decision(s) which have been specifically assigned to other Organ of the Association by the Constitution of the Association or and/or which, according to the Constitution, is/are required to be taken by specified majority of votes;
(ii) Communicate the decision(s) arrived at and/or resolution(s) adopted to the Secretary General for implementation subject to approval/ratification by the Central Committee/Executive Committee/General Body, as the case may be.
Article 12: MEETING(S)
(i) The Central Committee shall meet as frequently as possible but shall be convened at least once in every three months by the Secretary General and in the absence of any initiative by the Secretary General to do so, by the President. In case the President fails to do so, by any elected office bearer of the Central Committee supported by majority of the elected office bearer of the Central Committee.
(ii) The Executive Committee shall be convened at least once in every six months by the Secretary General and in the absence of any initiative by the Secretary General to do so, by the President. In case the President fails to do so, by any office bearer of the Committee supported by majority of the elected office bearer of the Executive Committee.
(iii) The Regional Executive Committee shall be convened by the Regional Secretary as and when required in consultation with the Secretary General and in the absence of any initiative by the Regional Secretary to do so, by the Regional President also in consultation with the Secretary General.
(iv) The General Body shall be convened within 2 (two) years from the date of preceding General Body meeting by the Secretary General and in the absence of any initiative by the Secretary General to do so, by the President within another 3 months. In case President fails to convene the meeting within the extended period, any willing Associate Unit shall convene the meeting. If more than one Unit opts for the meeting, the Unit supported by majority of the other Units in writing shall convene the meeting.
(v) The Central Committee shall have the right to call any extra-ordinary meeting depending upon the exigencies.
(vi) An emergency requisition-meeting can be called by two-third members of the Executive Committee in writing and the Secretary General/ President shall, within three months, call for such meeting. Otherwise, any two elected office bearers of the Executive Committee shall convene such meeting.
Article 13: QUORUM OF MEETING(S)
(i) The quorum of the Central Committee shall be 7(Seven) elected office bearers.
(ii) The quorum of the Executive Committee shall be one-third of the strength of the elected office bearers of the Committee.
(iii) The quorum of the Regional Executive Committee shall be sixty percent of the strength the Regional Committee.
(iv) The quorum of the requisition- meeting shall be two-third of the total strength of the Associate Units.
(v) The quorum of the General Body Meeting shall be two-third of the Executive Committee members (excluding the ex-officio office bearer) and nominated delegates.
Article 14: ELECTION
(i) Election to the Central Committee shall be held in the General Body Meeting.
(ii) The voting right of each Associate Unit shall be equal to number of delegates i.e., 1(one) for every 100(one hundred) subscribing members and 1(one) for the remaining fraction of over 50(fifty) subscribing members.
(iii) Each Associate Unit shall have the right to cast the votes through the delegates attending the meeting. All the votes of an Associate Unit can be cast by the General Secretary or any delegate empowered by the General Secretary of the Associate Unit.
(iv) All the Associate Units shall hold election once in 24 months. If elections are not held within three months of expiry of the term, the office bearer would cease to be duly elected representative of the Executive Committee of the Associate Unit and the Association shall have the right to hold election of the said Unit under its supervision.
(v) In the election of each Associate Unit, the Association, if required, may nominate observer(s) for smooth and fair conduction of election.
(vi) Observer(s) so appointed shall vet the certificate issued by the Election Officer(s) of the Associate Unit and submit the same to the Association.
(vii) All Associate Units shall intimate the date/ schedule of election and manner of conducting election to the Association at least 25(twenty five) days in advance.
(viii) Every nomination filed for the post of President, Secretary General, Assistant Secretary General, Vice-Presidents and Joint Secretaries shall have to be sponsored by their respective Associate Units.
(ix) The President, Secretary General and Assistant General Secretary General shall be elected by direct voting through secret ballot in the General Body meeting.
(x) The Vice-Presidents and Joint Secretaries shall be elected from the respective Regions by the delegates of the Associate Units of the region on the basis of the voting rights, as given at Art. 12(ii) of the Constitution by the Associate Units of the said Region. Each Unit shall be entitled to sponsor only one name for the Election of office bearer.
(xi) The Regional President and Regional Secretary shall be elected from amongst the elected Vice-Presidents and elected Joint Secretaries by the delegates of the Associate Units of the region on the basis of the voting rights, as given at Art. 12(ii) of the Constitution by the Associate Units of the said Region.
Article 15: Funds and Accounts
(i) Funds of the Association shall consist of subscriptions (including additional subscription from members, grants, if any, made by the Government.
(ii) The Fund of the Association shall be deposited in the Savings Bank Account in any Nationalized/ Scheduled bank and to be operated jointly by the Secretary General and the Treasurer.
(iii) An auditor, appointed by the Central Committee of the Association, shall audit the accounts of the Association annually and the audited accounts of a particular financial year shall be presented at the first Associate Executive Committee/General Body meeting of the immediate next financial year for approval.
(iv) All expenses of the Association in furtherance of its aims and objectives will be provided from the Fund. However, the travel expenses incurred by the Vice Presidents and Joint Secretaries of the Association for attending the Central Committee, Executive Committee and Regional Executive Committe meetings shall be borne by the respective Associate Units they are representing.
Article 16: Accounting year
The accounting year shall be from 1st April to 31st March of the following year.
Article 17: Filling-up of posts of Office bearers in exigencies
(i) The senior-most Vice-President and the Assistant Secretary General shall perform the function of the President and the Secretary General respectively in their absence [due to resignation, promotion, superannuation or any other circumstances].
(ii) The senior-most Joint Secretary shall perform the function of the Assistant Secretary General in his/her absence [due to resignation, promotion, superannuation or any other circumstances].
(iii) The vacancies created in the rank of Vice-President and Joint Secretary shall be filled up by way of nomination from the respective Associate Unit to which they belong.
(iv) The senior-most Vice-President and the Joint Secretary of a Region shall perform the function of the Regional President and the Regional Secretary respectively in their absence [due to resignation, promotion, superannuation or any other circumstances].
Article 18: General Provisions regarding Associate Units
(i) The Associate units shall take up issues in conformity with the aims and objectives of the Association as enshrined in this Constitution and shall function independently on the local issues. However, the issues which have all India
(ii) The Associate Units may have their own Executive Committee, Office bearers, and account in a nationalised Bank to run the Organisation.
(iii) The Associate Units shall send a list of subscribing members of a particular financial year, as evidenced by the deductions from pay rolls to the association, by 30th April of the immediately next financial year.
(iv) The manner of conducting election of the Associate Unit shall be determined by the Associate Unit and shall be intimated to the Association at least 25 days in advance.
(v) The tenure of office bearers of the Executive Committee of each Associate Unit shall be ordinarily 2(two) years from the date of election is not held within a period of 3(three) months after the expiry of the tenure, the office bearers shall cease to exist as duly elected representative of the Associate Unit.
(vi) In the election of the Associate Unit the manner of conducting election shall be determined by the Associate Unit and shall intimate to the Association at least 25 days in advance
(vii) The Associate Units shall not do anything against the declared policies of the Association and the decisions of the Association.
(viii) The Executive Committee of the Association shall have the power to dissolve any Associate Unit in case;
(i) the said Unit does not pay annual subscription continuously for three consecutive years.
(ii) the said Unit does not attend three consecutive Executive Committee meetings of the Association without sufficient cause and intimation.
(iii) the said Unit deliberately acts in contravention of the aims and objectives of the Federation.
Provided that the concerned Associate unit shall be given an opportunity of being heard by the Executive Committee in its meeting before termination of membership and such motion is passed by 2/3rd majority of votes in the Executive Committee meeting.
Article 19: AMENDMENT OF CONSTITUTION
The Executive Committees shall have the right to amend the Constitution by simple majority of votes, if required, and frame any bye laws for the better conduct of the business of the Association within the provisions of the Constitution and after seeking prior approval from the Government within the ambit of guidelines stipulated in the CCS (RSA) Rules, 1993.
Article 20: DISSOLUTION
The Association may be dissolved by a resolution to that effect adopted by two-third majority of the members present in the General Body Meeting
Article 21: SAVING CLAUSE
The supersession of this Constitution shall not affect any action taken and pending before the effective date of this Constitution
