PREAMBLE
WHEREAS it is expedient to amend and
adopt the written Constitution of the “All India Association of Central Excise
Gazetted Executive Officers”(hereinafter called as the Association) to suit the
present requirements of the Central Excise born Gazetted Executive Officers in Central Excise,
Customs and Service Tax in the matter of subscription, donation, constitution
of the Executive Committee, framing of the rules and bye laws etc. hereby amend
and adopt this Constitution in accordance with the Central Civil Services
(Recognition of Services Association) Rules, 1993 in the Associate Executive
Committee meeting of the Association held at Jaipur on 20th day of
August, 2006.
1. NAME, JURISDICTION AND
COMMENCEMENT
This Constitution shall be titled as
the Constitution of “All India Association of Central Excise Gazetted Executive
Officers”.
This Constitution shall extend to the
whole of India
The headquarters of the Association
shall be at a place where the Secretary General is posted.
2.
AIMS AND OBJECTIVE
·
To
render efficient service to the Nation.
·
To
promote and safeguard the interest, rights and privileges of the members of the
Association.
·
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 and whether promoted to
higher posts.
·
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 members, inefficiency and individual delinquency, encouraging all the
time just and honorable relation between the members of the Association and the
authorities.
·
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.
·
To
present to the Government the cause of the members unprejudiced by racial,
communal or regional consideration.
·
Generally,
to do all such other acts as are incidental or conducive to the attainment of
the above objectives.
·
Issue
involving interests of any individual member shall not be the subject of
victimization of any office bearers of the Association and Associate Units as a
result of his holding such office.
·
Any
other object, which the Associate Committee shall consider expedient for the
common good of the Members of Association.
3. MEMBERSHIP
·
All
Superintendents of Central Excise and Gr-A , (IRS) officers promoted from the grade of Superintendent of Central Excise are eligible for membership of the
Association and shall be guided by the Central Civil Services (Recognition of
Service Association) Rules, 1993.
4. SUBSCRIPTION
(i) Finance of the Association shall
consist of the subscription and/or donations from the Associate Units;
(ii) Subscriptions of each Associate
Unit shall be Rs.60/- per member per year.
(iii) Association may collect donation
from each member subject to the exigencies of finance.
(iv) The
subscription, at the rate decided by the respective Associate Units, shall be
collected through Pay Rolls as per provision of CCS (RSA) Rules, 1993.
5. 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 Associate Units by taking a resolution to that
effect.
6. ORGANS OF THE ASSOCIATION
The
Association shall have the following organs:
(i)
The
Associate Committee – The Associate Committee shall be constituted by The President,
The Secretary General, 10 Vice-Presidents & 10 Joint Secretaries.
All the
Associate Committee members shall be the ex-officio, Executive Committee
members of their respective Associate Units.
(ii) The Associate Executive
Committee - The Associate Executive
Committee shall be constituted by the President, the Secretary General,
Vice-Presidents and Joint Secretaries, President and Secretary of each
Associate Unit and one nominated member of each Associate Unit.
(iii) The Regional Executive
Committee - There shall be 5 Regional
Executive Committee each constituted by one Regional President and one Regional
Secretary. The General Secretaries and Presidents of the Associate Units of the
Region shall be the members of the Regional Committee. The President, the
Secretary General of the Association
shall be the ex officio Members of all the 5 Regional Committees. The
jurisdiction of each Regional Committee shall be notified under Article 17.
One of the Vice President of the
respective Region shall be the President of the Regional Executive Committee
and one of the Joint Secretaries of the Region shall be nominated by the
Secretary General as the Regional Secretary of the respective Regional
Executive Committee.
(iv) The General Body -- The General Body shall
be constituted by the Associated Executive Committee & the delegates
nominated by the Associate Units where number of delegates shall reflect the
number of Commissionerates the Associate units represent.
(v)
The Associate Unit- The Associate Unit shall be named as an unit of the
Association as per their respective Constitution which shall be in conformity
with the Constitution of the Association. The Units shall be treated as
independent association up to the level of Chief Commissioner of the respective
zone.
7. MEETING
1.
The
Associate Committee shall meet in every 6 months.
2.
The
Associate Executive Committee shall meet at least once in every year.
3. The Regional Executive Committee
shall meet as and when required by the Unit representing the Region in
consultation with the Secretary General.
4. The Associate Committee shall have
the right to call any extra-ordinary meeting depending upon the exigencies
5.
The General Body shall meet at least once in 24 months. The General Body
shall have the power to appoint the Election Committee consisting of three (3)
members to conduct the Election.
6. Requisition Meeting -- An emergency
requisition meeting can be called by two-third members of the Associate
Executive Committee in writing and the Secretary General / President shall
within three months call for such meeting. Otherwise, any two Office Bearers of
the Association shall convene such meeting.
8. TENURE
OF THE ORGAN OF THE ASSOCIATION
(I)
The
term of the Associate Committee shall be from one General Body Meeting to next
General body Meeting and shall not exceed 24 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)
The
Associate Executive Committee shall cease to function on completion of the
tenure of the Associate Committee.
(III)
The
Regional Executive Committee shall cease to function on completion of the
tenure of the Associate Committee.
9 (A). ELECTION
(i)
Election
to the Associate Committee shall be held in the General Body Meeting.
(ii)
The
voting right of each Associate Unit shall be equal to the number of
Commissionerates the Associate Unit represents.
(iii)
Each
Associate Unit shall have the right to cast the votes by the unit General
Secretary or a person nominated by the 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 Associate Executive Committee and the
Association shall have the right to hold election of the Associate Unit under
its supervision.
(v)
In
the election of each Associate Unit, the Association if required, shall
Nominate observer/observers for smooth and fair functioning of election.
(vi)
Observer/
observers 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 Associated Units shall intimate the
date/schedule of election to the Association at least 25 days in advance.
9 (B) MODES
AND MANNER OF ELECTION
(I)
Every
nomination filed for the post of President, Secretary General, Vice-Presidents
and Joint secretaries shall have to be sponsored by their respective Associate
Units.
(ii) In the General body there shall
be election of the President and Secretary General by direct voting through
secret ballot
(iii) The Vice-Presidents and Joint
Secretaries shall be elected from the respective regions on the basis of the
voting rights as given at Art. 9(A) (ii) by the Associate Units of the said
Region. Each Associate Unit shall be entitled to sponsor only one office bearer
for the Election.
(iv) 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
10.
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
SECRETARY GENERAL
Subject to the
direction and control of the President, the Secretary General 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 submit the annual records of
the accounts once in every year in the Associate Executive Committee Meeting.
(v)
Take
spot decisions on emergent matters in the general interest of the Association subject to post-facto
approval of such decisions by the Associate Committee/Associate Executive
Committee;
(vi)
Secretary
General shall have the power to appoint one Office Secretary and one Treasurer
as per his convenience. The Office Secretary and the Treasurer shall have no
right to make correspondence on behalf of the Association in any matter;
(vii)
Secretary
General shall have the power to appoint any committee by issuing notification
to facilitate the smooth functioning of the Association;
(viii)
Secretary
General shall communicate to all the Office Bearers and the Associate Units the
decisions/minutes of the meeting as well as all activities at least once in
three months.
(D) VICE-PRESIDENT
(i) The Vice President shall perform the
function of the President in his absence;
(ii)
One
of the Vice-President elected to the Region shall be the President of the
Regional Executive Committee and shall preside over the Regional Executive
Committee meetings.
(E) JOINT SECRETARIES
(i)
The
Joint Secretaries shall perform any work in the interest of the Association as
and when entrusted to them by the Secretary General;
(ii)
One
of the Joint Secretaries elected for the Region shall be the Secretary of the
Regional Executive Committee and perform the duties as the Secretary in such
meetings.
11. FUNCTIONS OF DIFFERENT ORGANS OF THE
ASSOCIATION
(A) Associate
Committee shall have the function --
(i)To assist
the Secretary General in his day to day work;
(ii)To take
any decision in the interest of the cadre subject to ratification by the
Associate Executive Committee;
(iii)To deal with
any organizational problems faced by any Associate Units;
(iv)To pass
the annual account submitted by the Secretary General.
(B) Associate Executive Committee
shall have the function—
(i)
To
pass any resolution by simple majority of votes in the interest of the Association
/Associate Units;
(ii) To ratify any decision taken by
the Associate Committee;
(iii) To pass the accounts passed by
the Associate Committee;
(iv) To determine the eligibility and
continuity of any Associate Unit.
(C) Regional Executive Committee shall
have the function
(i)
To
pass any resolution by simple majority of votes in the interest of the Region;
(ii)
To
take up matters and grievances in respect of the concerned region with
appropriate authorities and in consultation with the President and the
Secretary General 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
associate Executive Committee;
(iii)
To
conduct Election.
12. FUNDS
The Fund of the Association shall be
deposited in the Savings Bank Account in any Nationalized/ Scheduled bank and
to be operated by the Secretary General and the Treasurer. An auditor appointed
by the Associate Committee shall audit the accounts of the Association annually
and the same shall be presented at the end of every year in the Associate
Executive Committee Meeting.
The Fund will provide for all expenses
made by the President, Secretary General, Office Secretary and the Treasurer
which has been spent by them during the course of the work of the Association.
The expenses incurred by Vice-Presidents & Joint Secretaries, shall be
borne by the respective Associate Unit.
13.
AUDIT OF ACCOUNTS
The Books of Accounts shall be
examined and audited by an Auditor appointed by the Associate Committee. The
Accounting period of Accounts shall be the financial year i.e., 1st
April to 31st March.
14. QUORUM
(i) The quorum of the Associate Committee
shall be 9 (nine).
(ii) The quorum of the Associate Executive
Committee shall be 1/3 rd of the strength.
(iii) The
quorum of the Regional Executive Committee shall be 60% of the strength
the
Regional Committee.
(iv)
The
quorum of the requisition meeting shall be 2/3rd of the total
strength of the Associate Units.
(v)
The
quorum of the General Body Meeting shall be 2/3rd of the Associate
Executive Committee members and nominated delegates
15. CO-OPTION
In case any vacancy arises in the
posts of the President, Secretary General on account of death, resignation or
for any cause, the Associate Committee shall appoint through co-option amongst
the office bearers to take over the charge of such post. Such appointment shall
be ratified by the Associate Executive Committee. For other posts, the same
shall be co-opted by the concerned Regional Executive Committee.
16. AMENDMENT OF CONSTITUTION
The Associate
Executive Committees shall have the right to amend the Constitution by caste of
vote if required and frame any bye laws for the better conduct of the business
of the Association within the provisions of the Constitution and within the
ambit of guidelines stipulated in the CCS (RSA) Rules, 1993.
17. POWER
TO FRAME RULES/ BYE LAWS
In exercise of powers under Article
6(iii) of the Constitution the Associate Executive Committee shall be vested
with the power to form any Regions/ Zones/ Units for smooth functioning of the
organization by way of issuing notification(s).
18 .
DISSOLUTION.
The Association may be dissolved by a
resolution adopted by two-third majority of the members present in the General
Body Meeting.
