CONSTITUTION

P R E F A C E

We express gratitude and deep respect to all predecessors who had taken pain to jot down the Constitution of CEMOA, West Bengal. For the betterment of staff members and systematic and synchronized functioning of organization so that a strong platform may exist from where the interest of Ministerial community of Central Excise & Customs Department can be safeguard. A milestone was achieved when the endeavour of our predecessors paid off and the CEMOA. West Bengal was recognized as an authorized service Association in the year 1961 during the leadership of Shri M.L.Guha, the then General Secretary of CEMOA, West Bengal. Thus a platform was handed over through which pain, misery, ire, agony and discrimination perpetrated against us can be vented out to get heard and an amicable and equitable justice may be achieved through and process of dialogue and persuasion.

As per records, amendments made from time to time up to 1984 had been appended in the bye-laws but after that a gap emerged and amendments made. if any, were not included.

The Government of India vide letter C.No.B-12014/4/93-AD.IV.A. dated 20^th March, 1996, Department of Revenue enclosing the letter of the Department of Personnel and Training No.2/10/80-JCA dated 09-11-1993, brought modification in the Rules for recognition of Service Association and instead of recognizing individual units, as Federating /affiliated unit, was enforced. Due to lack of proper amendments and changing scenario, various technical problems surfaced in the smooth running Association. The issue was discussed in the Central Committee meeting (dated 14-03-95 and no other dates) and a consensus emerged that bye-laws may be re-drafted to have proper clarification and be adjusted with the changing scenario instead of a number of amendments.

Accordingly, the subject was placed in the A.G.M. held on the 24^th & 25^th February,1997 and it was resolved therein that an expert committee shall be formed under the stewardship of Shri Joseph Minz,ex-General Secretary to draft bye-laws in precise manner taking all the amendments into account till date.

The drafted bye-laws prepared by Shri Minz and other Hon’ble members was circulated to all Zonal Secretaries vide letter No. CEMOA/320-40/97-98 dated 25.03.98 for comments/suggestion. A reminder was also issued on the subject. Some of the Zonal Secretaries provided their valuable opinions.

Taking into consideration the views expressed by Zonal Secretaries and Central Committee members the bye-laws of CEMOA, West Bengal was redrafted and vetted by Shri Anand Kr. Mishra, Assistant Secretary General, CEMOF.

Re-drafted bye-laws was placed before Delegates on 22.04.99 for discussion and approval. After deliberations for the whole day, delegates approved the bye-laws suggesting some changes. The approved bye-laws by delegates was placed before house during open session of A.G.M. held on 20-24^th April, 1999 which was unanimously approved by the members present and it was resolved that new bye-laws of CEMOA,West Bengal shall be made effective from 1^st of August,1999.

The bye-laws were examined by Shri Jay Kr. Ghoshal and Shri S.N.Giri, Advocates, who certified that nothing in the bye-laws is in contravention of the policies of the Government.

Endeavor has been made to include clauses which keep consonance with bye-laws of the Federation and clarifications in concise which may be required in the coming years. Law should have elasticity to adjust with the changing demands and scenario. Instead of exhaustive approach a precise form has been approached to avoid cumbersome bye-laws. Members are requested to be well conversant with the bye-laws and if any clause requires to be addressed, suggestions and discussion in the Central Committee Meeting for placement in the A.G.M. for its inclusion in the bye-laws to enhance the currency and update the bye-laws.

We are grateful to all the members who extended their support and goodwill to make our efforts in re-drafting, a successful exercise.

Thanking you.

LONG LIVE CEMOA : LONG LIVE UNITY

Sd/- Sd/-

(D.BORAL) (K.L.CHAKRABORTY)

PRESIDENT GENERAL SECRETARY

CENTRAL EXCISE & CUSTOMS MINISTERIAL OFFICERS

ASSOCIATION : WEST BENGAL:CALCUTTA

PREAMBLE : The memorandum of Central Excise & Customs Ministerial Officers Association, West Bengal, contains the service interest and further service prospects of its members.

PART-I

ARTICLE-I

SCOPE: i) The membership of CEMOA, West Bengal extends to all categories of Ministerial Officers in the Central Excise, Service Tax & Customs Department located in the state of West Bengal viz. L.C.D., U.D.C., Tax Assistant, and D.O.S.A.O.Etc. These grades which may be created in future and denoted as Ministerial By way of registration or creating in the existing Cadre by the authorities shall also be included.

ii) The membership of the CEMOA, West Bengal Shall be restricted to only a distinct category i.e. Ministerial Staff.

iii) CEMOA, West Bengal shall represent the entire sanctioned/working strength of Ministerial as mentioned in Col.(i) Falling under the jurisdiction of Commissionrate’s of Central Excise & Land Customs of West Bengal consisting of Andaman & Niccobar Island and Sikkim.

OFFICIAL YEAR: The Official year of the Association shall commence on the 1^st April, of each year and shall terminate on 31^st March, of the next year.

ARTICLE-II

AIMS & OBJECTIVES : Shall be

(a) To promote and safeguard the intersets, rights and privileges of the Ministerial Officers of the Commissionerate of Central Excise & Land Customs situated in the state of West Bengal, Sikkim and Andaman & Niccobar.

(b) To seek redressal of the grievances of its members which are brought to the notice of CEMOA, West Bengal in a peaceful manner.

(d) To develop a sense of patriotism and loyalty to the Nation, Constitution of Union of India and the Government.

(e) To elevate and advance the cause of socioeconomic well being of its members.

(f) To help department, the Association shall strive to educate the members to discharge their duties and responsibilities with sincerity and integrity.

(g) To co-operate and support the Government for its smooth and efficient functioning.

(h) Any other Aims not enumerated above which may at any time in future,necessiate its or their inclusion subject to the provision that it is or they are in no way shall be opposed to the aims and objective as set forth at (a) to (g),shall be included with the consent of 2/3^rd,members present in A.G.M.

JURISDICTION: Shall comprise Jurisdiction under the various Commissionerate of Central Excise & Land Customs located in the state of West Bengal.

OATH: Code of conduct of Office bearers and members of the Association shall take an oath as follows:-

“I shall maintain absolute integrity and maintain devotion to duty towards the working of the Association and Federation and shall not do anything detrimental to the interest of the Association (So help me God.)”

PART-II

BYE LAWS OF CEMOA : WEST BENGAL

Article –I: The name of the Association shall be CENTRAL EXCISE & CUSTOMS MINISTERIAL OFFICERS ASSOCIATION,WEST BENGAL, hereinafter referred to as CEMOA,West Bengal.

Hdqrs. : The Office & Hdqrs. of the Association shall be follows.

CENTRAL EXISE & CUSTOMS MINISTERIAL OFFICERS

ASSOCIATION, CUSTOM HOUSE, HUTMENT,15/1,

STRAND ROAD, CALCUTTA-700001.

_______________________________________________

The Association shall be affiliated to the All India Central Excise Ministerial Officers Federation. Central Committee in the staff interest reserves that right to seek affiliation of any Employee Organization of State Level, subject to the ratification by staff members.

Article-II

1) To promote and safeguard the common service interests of the members of the Association.

2) To foster a spirit of camaraderie self respect, dignity and fellowship amongst the members and also with the members of other similar Federation/Association/Unions.

3) To develop sense of patriotism and loyalty amongst the staff towards the country, its constitution and the Government.

4) To ventilate and secure the redressal of the grievances of the members and settlement of differences and disputes by constitutional, democratic and peaceful means.

5) To elevate and advance the cause of socioeconomic well being of its members.

6) To render efficient service to the Nation.

7) To do such other acts which are conducive in fulfillment and progress of the above objectives.

MEMBERSHIP: Every Ministerial Officers/of Central Excise & Land Customs, of all the Commissionerate situated in the state of West Bengal , Sikkim & Island of Andaman & Nicobar are eligible for membership of the Association. He shall be involved as member on payment of subscription of the Association and shall become eligible privileged of such membership and liable to discipline of the Association in the matters pertaining to his conduct as a member. He shall apply for membership, declare/undertake in a proper form (Annexure-I) and shall submit the same to the Secretary, CEMOA, West Bengal. He shall be liable to pay all dues of the Association till he ceases to be a member. Any Ministerial member shall apply for membership of the Association in the prescribed application form i.e. Annexure-I (authorization to get subscription of Association from Salary Bill) furnishing all the particulars as required in the said Form.

DISQUALIFICATION FROM MEMBERSHIP/ PUNISHMENT :

(a) Members including C.C./C.EX.C and office bearers who shall not clear monthly subscription within six months shall be debarred and ceased to be a member of the Association. In a special case C.C. shall on its approval shall revoke his /her membership.

(b) Members including C.C. member/C.EX.C and office bearers whose act, proves anti Associationist shall be expelled for a term as fixed by Central Committee.

(*) C.C. = Central Committee

C.EX.C = Central Executive Committee.

APPEAL :

Members whose membership has ceased and / or removed and / or suspended shall apply in writing addressed to the President of the Association through proper channel for reinstatement of membership of CEMOA. On receipt of such application and vetting. General Secretary shall place before Central Committee for its acceptance / rejection. On acceptance / approval of application, applicant shall pay all outstanding subscription dues for the defaulting period along with or fine of Rs.10 (Ten) only or as per the discretion of president.

ARTICLE -III

ORGANISATION : The body of the Association shall be constituted by democratic means i.e. election shall be held to constitute a committee and shall be called the Central Committee. The Central Committee shall have 29 members, from which Executive Committee shall be constituted.

(1) There shall be a Zonal Committee either building wise or area wise. As

the offices under this Department are scattered, strict demarcation is not envisaged.

(a) The Central Committee shall consist of 29 elected / nominated members. In case of resignation, promotion to executive cadre or due to other reasons, the posts of Central Committee members falls vacant, members from Ministerial grade shall be co-opted. The co-opted members shall not constitute more than 1/3 of the total strength of the Central Committee and shall carry all the rights and duties of an elected member except in the formation of executive committee.

In case of two or more groups constituting the Central Committee the co-option of members shall be done in proportion to their representation in the Committee

(b) The Central Executive Committee shall be constituted from amongst the Central Committee members and shall consist of:-

I) President

II) Vice-President

III) General Secretary

IV) Assistant General Secretary - 3 nos.

V) Organizing Secretary – 2nos.

VI) Finance Secretary

VII) Office Secretary

VIII) Welfare Secretary

In the event of non-availability of the candidates elected from North/South Bengal, one of the Ministerial staff shall be nominated/selected amongst the members of respective zones by the Central Committee to act as A.G.S. North/South Bengal carrying all the rights and power of a Central Committee member except the voting right in the case of trial of strength in the Central Committee to form executive Committee, if situation so arises. He shall carry voting right in executive decision making and other matter concerning the interest of Ministerial staff. In the event of nomination as AGS, North Bengal and South Bengal the strength of C.C. shall extend to 30 or 31 as the case maybe.

Zonal Committee shall be constituted either area wise or building wise as the case may be from amongst Ministerial staff of that Zone only by way of selection/election consisting of (i) president,(ii) Zonal Secretary, (iii) Treasure and (iv) Committee members.

The selection/election procedure of the Zonal Committee shall be in consistence with the procedure adopted for the selection/election of Central Committee.

POWER & DUTIES –II

i) PRESIDENT: a) The president shall be the Constitutional head of the Association and shall advise the General Secretary in all matters of importance on the activities of the Association from time to time.

b) The president shall preside over all the meetings of the General Body/Central Executive Meeting/Central Committee meeting etc. He shall be co-spokes persons of the Association.

c) All points of order raised at the meeting of the General body or the Central Executive Committee shall be decided by the President/Vise president actually in occupation of the chair at the meeting and his ruling, once given, shall be final.

d) President shall supervise and conduct proceedings of the meeting and shall maintain discipline and decorum of the meeting. In case of indiscipline, he can pass marching order and or defer/ postponement of the meeting.

e) President actually in occupation of the chair at the meeting shall have the power to cast vote in case of voting by members present and voting in the meeting, results in a tie.

f) The President shall have the power to convene the meetings of the executive and Central Committee in an emergency. Decision taken in such meetings will have to be ratified by 2/3^rd of the C.C. members present and voting subsequently.

g) The President shall have the power to remove any executive / Central Committee member on the advice of 2/3^rd majority of the Central Committee members present and voting.

REMOVAL OF PRESIDENT:

If any Central Committee member moves an impeachment motion in writing duly supported by 3 Central Committee member on the ground of inefficiency,partisianship,financial irreregularities or any other charges, against the president addressed to General Secretary, CEMOA,W.B.,a Central Committee meeting shall be convened within 30 days from the receipt. This meeting shall not be convened before three days from the date of intimation to the president of Charges and motion moved in this regard. On endorsing the motion by 75% (Seventy five) of the Central Committee members present in the C.C. meeting convened for the purpose. The president shall stand removed.

VICE PRESIDENT

In absence of President Vice-president shall enjoy all the power and duties of president and shall act as president of the Association.

He shall keep informed the president on the developments of Asson. , and Federation and shall assist in discharging the duties of president efficiently and effectively.

GENERAL SECRETARY

(i) Shall be the Chief Executive and spokesman of the Association.

(ii) Shall keep office bearers/C.C. members as well as Zonal Committee well informed of the activities of the Asson.

(iii) Shall be responsible to carry out the decision/resolution adopted in Annual General meeting/Central Committee Meeting.

(iv) Shall convene AGM/Central Committee/Executive Committee Meeting/ Extraordinary General/Emergency Meeting/Conference etc.

(v) Shall establish liaison and Correspond with All India Federation and other federating units/sister organization of state or national level organization of Department and Intra-department. He shall correspond with authorities and other organization. All the correspondences shall be made his seal and signature.

(vi) Shall operate Bank Accounts and handle all the financial matter with the Finance Secretary jointly. He shall be responsible for the acts of omission and commission made by the Finance Secretary and shall ensure placement of audited accounts in A.G.M. and an unaudited comprehensive statement of Accounts at Central Committee meetings on quarterly basis.

(vii) May pot for lesser no. of office bearers to his discretion.

REMOVAL OF GENERAL SECRETARY:

If any Central Committee member moves a “NO CONFIDENCE MOTION “against General Secretary in writing on the ground of ineptness, partisan-ship, financial irregularities, or any other charges in writing duly supported by at least three Central Committee members addressed to President CEMOA,W.B., a Central Committee meeting shall be convened within 30days from the date of receipt. This meeting shall not be convened or No Confidence Motion shall not be discussed before three working days from the date of intimation to the General Secretary of charges and motion moved in this regard. On endorsing the motion by 75% (Seventy five) of Central Committee members in the meeting present and votings, the General Secretary shall stand removed.

ASSISTANT GENERAL SECRETARIES

There will be three A.G.S. having nomenclature of A.G.S., Calcutta (ii) A.G.S.(North Bengal) (iii) A.G.S., South Bengal having jurisdiction over the following area to look after the activities of C.E.M.O.A., West Bengal.

I) A.G.S., CALCUTTA.

Districts of Calcutta, Howrah, 24pgs. (N), 24pgs(S), Nadia, Midnapore, Hooghly & Island of Andaman & Nicobar.

II) A.G.S., NORTH BENGAL

Siliguri, Cooch Behar, North Dinajpur, South Dinajpur, Malda and Gantok (SIKKIM), Jalpaiguri.

III) A.G.S., SOUTH BENGAL:

Birbhum, Burdwan, Murshidabad, Purulia and Bankura.

The above three A.G.S. shall henceforth look after the welfare of the staff of customs & Central Excise (Ministerial) under their respective jurisdiction.

Shall act as liaison officers among Zonal Secretary and General Secretary and shall maintain records of membership, pursue the cases of individual member, act on local problems of their respective jurisdiction and shall take up the matter with the head of office as well as General Secretary if so necessitated. He shall co-ordinate with the Central Committee Member and zonal Secretaries of their respective Zones. They shall also collect departmental/Intra-departmental information pertaining to staff interest and shall place the same in Central Committee Meeting for proper dissemination. They shall carryout the guidelines and decision taken in AGM/Central Committee Meeting and also miscellaneous work as and when entrusted by General Secretary in their respective zone. They shall advice General Secretary on the matter of importance.

In Absence of the General Secretary, Assistant General Secretary, Calcutta shall assume all the power and duties of General Secretary and shall act as General Secretary of Association. He shall assist General Secretary, CEMOA, West Bengal in all matters of staff interest and also in dealing with the subject pertaining to Federation and related correspondences.

A.G.S.,North/South Bengal shall be from the respective zones if the elected members are available in the Central Committee.

ORGANISING SECRETARY

Shall be responsible for the co-ordination, interaction and proper dissemination of Information related to the organizational activities.

i) To interact with the AGS and zonal Secretaries and look after the organizational issue raised by A.G. Secretaries of their respective Zones.

ii) To take care of the organizational set up of the Association in such a manner that a proper feedback of the zones is given to the General Secretaries.

iii) To submit a half yearly report to the executive Committee on the organizational issues.

iv) To act as per the guidelines of General Secretary or the Executive Committee for the betterment of CEMOA, West Bengal.

There shall be 2(two) Organizing Secretary and they shall look after the organizational work as mentioned above of the CEMOA, West Bengal.

FINANCE SECRETARY:-

Shall operate Bank Accounts with General Secretary jointly. He shall have control over the fund flow of Association. He shall be responsible to keep accounts of Association up to date and place audited account in AGM and also an unaudited comprehensive statement of Account in Central Committee meetings on quarterly basis. He shall be authorized to hold a certain amount in hand, as decided by AGM, in cash to meet day to day and exigency expenditure. Failing to provide audited account at AGM and / or getting notice in writing addressed to GS, CEMOA, WB, by any subscribing member for a copy of comprehensive unaudited statement of Account placed in last Central Committee meeting within 45 days, may face legal consequences if the aggrieved member so desires.

OFFICE SECRETARY:-

Shall assist General Secretary to discharge his duties effectively. He shall keep records of receipt and dispatch of letter. He shall also keep watch that all relevant records on policy matter, service matter, transfer & posting, promotion order and matter pertaining to individual members are being properly maintained in Association office. He shall function as in-charge of Association Room and shall arrange/correspond with Department for proper maintenance of Association Room. He shall carry out the guidelines or instruction as and when entrusted upon him by General Secretary.

WELFARE SECRETARY:-

Shall look after the work relating to the benevolent nature. He shall be responsible to co-ordinate in case of medical requirement by arranging medical help and taking up the matter with department and also to seek help of C.C. and General Secretary if so necessitated. In case of an unfortunate death of a subscribing member, praying visit to the bereaved family, pursuance to expedite official procedure related to monetary benefit, pension, Compassionate appointment etc. shall be looked after by Welfare Secretary. He shall try to arrange social activities for the betterment of staff members and other works as and when entrusted upon him by General Secretary, CEMOA, West Bengal.

ARTICLE-IV

FINANCE: -

The Association shall be financed by : -

(a) The subscription from member as per the rate decided in AGM or grant if any from Government/Department.

(b) Donation(s) either from individual or from units and / or well wishers on issuance of proper signed receipt.

(c) The funds so collected, shall be deposited at Central Excise and Land Customs Co-operative Credit Society Ltd.Calcutta and/or any nationalized bank at Calcutta.

(d) Bank Account shall be operated under the signature of General Secretary and Finance Secretary jointly. Finance Secretary shall be fully responsible for all the Bank/ Co-operative transactions. All the bills shall have the signature of General Secretary and Finance Secretary.

MODE OF COLLECTION:-

(a) Subscription/Donation shall be collected through receipt book only. The amount of subscription /donation may be in Cash/Cheque (drawn on Calcutta only).

(b) Subscription shall be collected through pay bill as envisaged in New RSA Rule, 1993 on receipt of Authorization form from members (Annexure-A).

1. Disbursal- All the expenses incurred for the activities of Association shall be met up through the finance collected.

In the event of collection of subscription through salary bill, expenses of Zonal Committees shall be reimbursed by Central Committee. Moreover in case of exigency, if any Zone require special help for the association activities, grant shall be made to Zonal Committee by the Central Committee. A corpus decided by Central Committee shall be at the disposal of Zonal Committee to carry out day to day activities.

2. A statement of A/C shall be submitted by the Zonal Committee on half yearly basis to the Central Committee.

3. The Central Committee reserves the power to call for statement of A/C from the Zonal Committee. In case of irregularities noticed, Central Committee may opt freeze the corpus.

ARTICLE-V

ELECTION : :

i) Election shall be held as far as practicable as per the procedure laid down by Election Commission of India. The election shall be held to choose 29(Twenty nine) Central Committee members amongst candidates and the term of Committee shall be for three years from the date of publication of Election result.

ii) A member of Ministerial cadre shall have the power to file his/her nomination to be elected as Central Committee member.

iii) The election of the Central Committee members shall be by Secret ballot. It shall be conducted by a Returning Officer as Head of Election Officers, on being appointed by authority, along with presiding and polling officers’ number of which shall be decided by Returning officer.

iv) i. Election Notification/Instruction shall be issued by the Returning officer so appointed by the Cadre Controlling authority on receipt of the letter from the General Secretary recommending the name Gazetted officers having their consent in positive.

ii. Returning officer on being so appointed by the authority shall issue instruction and code of conduct for election at least 30 days in advance from the date of election having at least 7 working days for filling the nomination. The nomination can be withdrawn within 5 working days after closing of the filling of nomination.

iii. Instruction for election being issued by Returning Officer inviting nomination from the members shall invariably contain the pre conditions to be a candidate i.e. a) No dues certifications from Zonal Secretary of their respective zones on Nomination form. b) Belief and faith on constitution of CEMOA,W.B.

iv. Returning Officer shall appoint booth-wise presiding officer to conduct the election. Necessary instruction in regard to conducting the election shall be issued by the Returning Officer as per the format (Approx) enclosed. Necessary amendment in format may be made by the Returning Officer as per the requirement to conduct election properly.

v) Voters List shall be finalized/published 30 days in advance of Election date. To prepare Voters List the Central Committee shall take endeavour in advance with proper opportunity to staff members to settle any grievances, if any, regarding inclusion or omission from Voters list, so that Returning Officer may publish or enlist Voters list to Notice Board well in time.

vi) During voting, no candidate shall be allowed to enter polling booth except for observance that election is progressing smoothly or any discrepancy is there for a brief period.

vii) Canvassing by candidates shall terminate one day before the date of election.

ELEGIBILTY:-

A member filling nomination must fulfill all the criteria, namely

a) Should have no dues of subscription of Association.

b) Willing to take oath as provided in the Constitution.

c) Should have continuous membership for 6 months prior to the date of nomination.

VOTING:-

a) Each member shall cast maximum of 29 (Twenty nine) votes against the names printed in ballot papers.

b) Voting shall be conducted by “Secret Ballot” only.

c) Members who have outstanding subscription shall have to clear all the dues prior to publication of voters list election.(otherwise he/she shall have no right to cast his/her votes.)

d) In case of a vote cast by other members, the presiding officer shall allow original member duly certified by polling agents present, and to his satisfaction to cast his/her Votes. Presiding Officer shall mention the fact and name of member in his report to Returning officer.

COUNTING :-

Counting shall be done on pre specified date, time and place. On receipt of ballot papers from Presiding officers of various polling booths in sealed manner, bearing clear name, signature of presiding officer and place by Registered Post/Special Messenger/Courier Service as the mode adopted by the Presiding Officer so that ballot papers may reach well in time and safely to Returning Officer. Returning Officer shall open the box/envelop in presence of Candidates or Representative present of groups. The polling officers in presence of candidates/ representatives shall reconcile the used and unused ballot papers and also the signature of presiding officers on ballot papers.

After voting of ballot papers, counting shall be done by counting officers by mixing all the used ballot papers to keep the secrecy of the identity of voters.

If any allegation lodge to the Returning officer by the candidates regarding misuse of voting machinery or any, in a particular Zone or area, the ballot paper of that particular area/zone shall be counted separately to locate and verify the allegation and also to know the modus operandi of misuse so that no such recurrence may take place.

In case the allegation raised by the Candidate in writing get substantiated established, Returning officer on being so satisfied shall direct re-election in that booth/booths only.

In case of any dispute regarding counting, the decision of Returning officer shall be final and binding on all the groups/candidates.

In case of tie in all cases the results shall be decided by drawing of lots by Returning officer in presence of candidates present.

DECLARATION OF ELECTION RESULT

Returning officer on receipt of list containing the no. of votes polled by each candidate from counting officer nominated by the Returning officer for the purpose, shall issue circular within 3 days specifying the candidates polled votes in descending order. The copy of the circular shall be provided to candidates. The list of wining candidates shall be circulated to all Commissioner/Addl.Commissioner/Assistant Commissioner for information.

ELECTION OF ZONAL SECRETARY & COMMITTEE:

The selection /election of Zonal secretary and Committee shall be done on a pre-specified date, place and time in presence of either Central Committee Member /Office bearer of Association/ Administrative Officer/O.S. of that zone. Zonal Secretary shall be elected/selected amongst the Ministerial officer of that building/zone. An advance intimation/ Notice of 07 (Seven) working days shall be made to the members of that zone either by office bearer of CEMOA,West Bengal or Zonal Secretary of that unit, if he is in continuance.

In case of more than one candidate for any of the post constituting Zonal Committee, election shall be held on the same day following such a procedure which shall be feasible, amicable, and easy and shall maintain secrecy of the member’s choice. The Zonal Committee shall constitute of (i) President (ii) Secretary (iii) Treasurer & (iv) Committee member.

In case of any dispute, the decision of the observer shall be final and binding, however, if any member feel that proper procedure and jurisprudence have not been applied by the observer, he may seek redressal addressing to President / General Secretary of CEMOA, West Bengal, in writing.

ELECTION OF OFFICE BEARERS :

i) A member having voting power in the Central Committee shall be eligible to contest to any post in case of election requires. The election shall be Secret ballot and shall be conducted by the President of the meeting. The proposal for the post may be in oral or in written only duly supported by at least one Central Committee member and the proposed candidate should be present in the same meeting providing positive consent for the post.

ii) In the event where no member are elected from North Bengal or South Bengal, the Central Committee shall nominate the member from that particular area as an A.G.S. of that respective zone/area.

iii) Office bearers of the Association shall be elected/selected amongst the elected Central Committee member. Central Committee shall have the power to nominative two executive member one for North Bengal and other for South Bengal to function as Assistant General Secretary, North/South Bengal, CEMOA, West Bengal amongst the General member for the purpose as enumerated in (ii) above who shall enjoy all the powers of an Executive Committee member except the voting right in the trial of strength in case of any dispute in the formation of Central Committee.

REMOVAL OF OFFICE BEARERS:

Any office bearer shall be removed by the Committee from office for the remaining period, if he/she fails to attend three Central Committee meetings consecutively without having any valid reasons.

A no confidence motion against any office bearer except President and General Secretary of CEMOA,W.B. moved and passed during Central Committee Meeting with at least three fourths majority of the members present and voting, the office bearer shall stand removed.

REMOVAL OF ZONAL SECRETARY

A Zonal Secretary shall be removed from the Zonal Committee if he/she fails to attend three meetings consecutively convened by unit/unit present without having any valid reasons. A zonal Secretary shall cease to hold his post, if two thirds of the members of the respective zone/building recommends for his/her removal in writing framing charges addressed to the General Secretary/ President of CEMOA, W.B.

ARTICLE –VI

MEETINGS

Various form of meetings of Association may be convened by General Secretary/President of the Association.

ANNUAL GENERAL MEETING

A) Annual General Meeting of the Association shall be convened once in a year consisting of two parts

i) Delegate Session

ii) Open Session

B) Decision taken at Annual General Meeting of Association shall be final and binding.

C) The Delegate session shall consist of one member from each unit/division in addition to the Central Committee member and zonal Secretary of zones/units.

D) A.G.M. convened shall in general deal with

i) Appointment of auditors to conduct audit of the accounts of Association.

ii) Introduction of new office bearers.

iii) The Committee formed during the AGM shall have currency for three years from the date of publication and notification of election result.

The period of Central Committee may be extended for a period of six months under extra ordinary circumstances.

CENTRAL COMMITTEE MEETING :

Central Committee meeting of the Association shall be convened by General Secretary whenever found necessary to discuss the importance and decision on the subject matter irrespective of the periods but at least thrice in a year. This meeting shall be represented by all the Central Committee members.

The quorum for this meeting shall be one third of the Central Committee i.e. 1/3 of 29.

EXECUTIVE COMMITTEE MEETING

The Executive Committee meeting shall consists of all the office bearers of CEMOA, W.B.

This meeting shall be called at least once in six months giving a notice of 15 days in ordinary circumstances. On an emergency situation the same shall be called at short Notice attended by the available Executive members.

In ordinary circumstances the quoram for this meeting shall be 50% of the members and for emergent situation no quoram shall be required. Any meeting which could not transact the business for want of quoram shall be postponed and same shall be recorded in the minute book and shall be signed by the members present at the meeting. The postponed meeting shall be communicated in writing to the absentee office bearers indicating the date and place of the meeting to be reconvened. At the reconvened meeting quoram shall not require to transact the business.

EMERGENCY MEETING:

As the nomenclature denotes, it shall be called at the shortest time and shall be held/attended by the available Central Committee member for which no quorum shall be required to deal with emergent situation and transact business in the interest of Ministerial staff.

EXTRA ORDINARY GENERAL BODY MEETING:

Extra ordinary General Body Meeting shall be convened by the General Secretary/President Association on request from 2/3 of Central Committee Member or General Members in writing addressed to President of the Association to deal with the subject. President shall be the sole authority to decided the convening date, place of such meeting.

CONFERENCES :

It shall be competent for the Executive Committee to call a conference of all the ministerial officers in the Association at any convenient interval. Every member of the Association shall have the right of attending such conferences and partaking in the deliberations.

All resolutions to be discussed at such conferences shall first be scrutinized and debated upon in the Executive Committee which shall, for the purpose of the conference convert itself into a subject Committee. Only such subjects as are placed before the open conference by the Executive Committee functioning as the Subject committee, shall be discussed at the conference.

PART -II

GENERAL:

i) Except with the prior permission of the Government/ Department, the Association shall not start or maintain journal however a quarterly “ our voice” shall be published for the proper dissemination of information related to the organizational activities/ office orders of the staff interest.

ii) The discussion and views of the Association in regards to matter relating to Income-tax Law, Customs Law, Central Excise Law or any other Law and to the procedure followed in the administration of these Laws will not be published in any manner by the Association nor will the Association be entitled to make representations on such matters to the Government, the Board or Heads of the Department concerned.

iii) Representations or deputations from the Association shall only be in connection with a matter which raises questions or which are of common interest to the class represented by the Association.

iv) All correspondence and representations by the Association shall be addressed to the Secretary, Central Board of Revenue, through the Commissioners of Central Excise & Customs, West Bengal, Calcutta. No representations, appeal or memorandum shall be presented through an outside authority.

v) The Association shall submit to the Commissioner Cadre Controlling Authority, Calcutta the following statement: -

a) Annual report and statement of accounts within one month of the close of each financial year.

b) Proceedings of each general meeting within one month of the last meeting accompanied by a list of Central Committee of the Association and the names of the office bearers.

BYE LAWS: The Association where necessary shall have the power to frame bye laws not inconsistent with the constitution for the conduct of the Association.

Change in Constitution:

Change and/or any amendment in Constitution shall be made only in a general body meeting on the subject which have been discussed in the Central Committee and decided therein to place the subject in General body meeting for necessary amendment. The amendment shall be valid if approved by two third of the votes of the members present in the said meeting.

The drafted Constitution as discussed in delegate session on 22^nd & 23^rd March ’99 threadbarely and adopted in the open session of AGM held on 24.3.99 unanimously.

During open session of AGM, it was decided unanimously by the members present in the meeting to adopt the drafted Constitution and will come in force.

From 1^st of August, ’99.

Draft verified by us and found in order

Signed by

1. Anuj Kumar Ghosal, Advocate

Howrah Judges Court,Howrah

2. Satya Narayan Giri, Advocate

Howrah Court

SUGGESTION FOR CONDUCTING ELECTION OF CEMOA

In course of study of existing practice and discretely associated in conducting recently held election process of CEMOA as Returning Officer. I have come across some avoidable procedures. For better and effective election process in the best interest of the Association. I am inclined to suggest the following which may if the member so desire to accept shall help conducting election process of CEMOA in future days to come. I also feel that one printed guide book on how to conduct election should also to be circulated to member which help sorting out any conflicts. My suggestions are as follows: -

a) Every member of CEMOA are required to furnish their declaration on ANNEXTURE-I

b) Monthly subscription of each member should be paid from salary and VOTERS list may be prepared on the basis of certificates and list furnish by D.D.O. such voter lists will be more accurate, authentic and perfect. Voter list should be published one month before the election date is announced.

c) Returning officer and Presiding officers need be appointed from outside the category of Ministerial officers.

d) Ballot papers are to be printed with counterpart. Only Presiding officer will record his signature on the backside of the ballot papers and at the time of handing over the ballot paper the voter sign on the counterpart.

e) Scrutiny of nominations filed by the contending candidates need be very meticulously done with reference to the lists furnished by D.D.O.

f) Counting of votes should be conducted by the Presiding Officer on the same day after the election is closed and thereafter the presiding officer should communicate the result to the Returning officer by FAX/TELEGRAM/WIRELESS and the Returning officer will declare the result officially as and when he received the complete result.

Counting of votes should be done by mixing ballot papers received from different presiding officers and not individual booth wise (ballot papers should be sent by Courier service only).

g) In order to develop a healthy competition between contending candidates and / or groups special attention need be given in the matter of appointment of Election Agent and polling Agent. Performance and activities of Election Agents and pooling agents’ rival group shall help maintaining a very congenial environment in the entire election process which is the crying need of the hour.

h) Any objections or on any matters or affairs before during or after election should be filled in writing only and in no way election process be disturbed and / or held up. Circulated to members of CEMOA for proper study, analysis and consideration for implementation if accept. Counting of votes in the current election may, however be conducted following the existing procedure.

Sd/-

RETURNING OFFICER

NOTICE FOR ANNUAL GENERAL CONFERENCE AND GENERAL ELECTION

OF CEMOA, CALCUTTA,

It has been decided in the Central Committee Meeting of CEMOA, Calcutta held on 22/11/96 that the General Election of C.E.M.O.A., Calcutta will be held on 05/02/1997.

Detailed programme in connection with the general Election is under: -

1. Last date for submission of nomination :

2. Date of scrutiny of nominations :

3. Last date of withdrawal of nomination :

4. Date of publication of list of contesting

Candidates :

5. Date of Election :

6. Counting of vote/Ballot papers :

7. Publication of result of election :

8. Annual General Conference –

a) Delegate meeting :

b) Open session :

It has further been decided that Sri A.K.Chatterjee, A.C.(Accounts), Central Excise, Calcutta –II Commissioner ate, Calcutta will act as Returning officer and A.O. ‘s posted at Calcutta or out station officer will act as presiding officer. In respect of Ranaghat/Petrapole/Raigang /Dinhata Customs circle, superintendent-in-charge will be requested to act as Presiding Officer.

As regards Polling Centers in Calcutta/Out station office are as under:-

BOOTH NO. PLACE FORMATION UNDER BOOTH

1. Customs House Recreation a) Headquarters of both cal-I,

Club Hall of M.S.Building Cal-II Commss’te

b) Barasat Customs Division

2. Export Refund Branch a) Export Refund Branch, Cal-I

b) Law Branch, Calcutta-I

c) Revenue Audit, Adjudication

and T & A Unit, Cal-I

d) Rishra & Serampore Division.

3. Dum Dum Division a) Dum Dum Division.

4. Bamboo Villa a) Calcutta –‘B’, ‘D’, ‘E,’‘F’,

‘G’, ‘I’ & ‘J’ Division.

b) Internal Audit, Valuation

Cell, Calcutta-I,

c) R.T.I., Bamboo Villa

5. Poddar Court a) Calcutta-‘A’, ‘C’, ‘H’

& ‘K’ Division.

b) C.P.O. & Valuation Cell.

6. Clive Row a) Howrah (Central)/(North)/

(South) Division

7. Brabourn Road a) Barrackpore & Khardah Divn.

8. Princep Street a) Midnapore & Howrah (West)

Division

9. Park Street a) Valuation, Clasification,

Internal Audit, Drawback of Cal-II Commss’te & P.R.U.

10. Calcutta-‘L’ Divn. a) Cal-‘L’ Divn. & Anti-Evasion.

11. Bolpur Commissionerate a) Bolpur Commissionerate

Hdqrs. and all office of C.Ex.

Located at Bolpur.

12. Durgapur a) Durgapur C.Ex. Divn./Steel

Divn & D.C. Office.

13. Assansol a) Assansol C.Ex. Division.

14. Ranaghat a) Ranaghat Customs Circle.

15. Petrapole a) Petrapole Customs Circle.

16. Krishnanagar a) Krishnanagar Cus. Divn.

17. Berhampore a) Berhampore C.Ex. Division.

18. Chandannagore a) Chandannagore & Dankuni

Divn.

19. Raiganj a) Raiganj Customs Circle.

20. Dinhata a) Dinhata Customs Circle.

21. Coochbehar a) Coochbehar C.Ex. Division.

22. Siliguri (C.R.Building) a) Siliguri C.Ex. Divn. /Gantok C.Ex.Div./Siliguri Customs Division/Naxalbari Customs Division.

b) Siliguri L.C.’s Office.

23. Jalpaiguri a) Jalpaiguri C.Ex. Division.

As regards Polling Centers at Bamboo Villa/Poddar Court/ Clive Row/Brabourn Road/ Princep Street/ Export Refund/Dum Dum Division/Park Street/ Calcutta ‘L’ Division, either Admn. Officer or O.S. /D.O.S. according to availability will act as Presiding Officer for both the booths at Calcutta as well as Cut stations.

All the three Commissionerate are being approached separately for necessary permission.

Nomination paper will be submitted to the Returning Officer in the following form:-

The Returning Officer,

The Asstt.Chief Accounts Officer (A/Cs.)

Central Excise, Calcutta-II Commissioner ate,

15/1, Strand Road, Customs House,

Calcutta-1.

__________________________________

I intend to contest in the ensuing election of Central Excise & Land Customs Ministerial Officers’ Association, Calcutta and for this I submit my nomination. The date of election is…………

Proposed by : - Yours faithfully

Seconded by: -

(Signature of Candidate)

Date : - Candidate’s Name………..

(In full)

Place of Posting…………….

It is for information of all members that the delegates meeting will be held on 24.2.97 & 25.2.97 at 11 A.M. and open Session will be held on 26.2.97 at 1-30 p.m. at the Recreation Club Hall, M.S.Building (6^th Floor), Calcutta.

All the Zonal Secretaries are requested to send the name of the delegates should not be more than 2 from each Zone/Division.

All zonal Secretaries/ Central Committee Members are requested to furnish the list of voters of their respective zones/ Area by 07.1.97 without fail. In fine they are requested to extend their co-operation to their respective presiding officer in the matter of conducting election.

( )

Returning Officer

Nomination paper will be submitted to the Returning Officer in the following form: -

The Returning Officer,

The Chief Accounts Officer,

Central Excise, Calcutta-II Commissioner ate,

15/1, Strand Road, Customs House,

Calcutta-1.

Sir,

I intend to contest in the ensuing election of Central Excise & Land Customs Ministerial Officers’ Association, Calcutta and for this I submit my nomination. The date of election is 17.03.99.

Yours faithfully,

Proposed by :-

Seconded by : - ( Signature of Candidate)

Date : - Candidate’s Name……………..

(In full)

Place of Posting…………………….

WITHDRAWL OF NOMINATON

The Returning Officer,

The Chief Accounts Officer,

Central Excise, Calcutta-II Commissioner ate,

15/1, Strand Road, Customs House,

Calcutta-1.

Sir,

I intend to withdraw my candidature from ensuing election of the Central Excise & Land Customs Ministerial Officers Association, Calcutta, which will be scheduled at 17.3.99.

Yours faithfully,

(Signature of Candidate)

Candidate’s Name……………..

(In full)

Place of Posting…………………….

GOVERNMENT OF INDIA

COMMISSIONER OF CENTRAL EXCISE: CALCUTTA-II

15/1, STRAND ROAD, M.S.BUILDING: CALCUTTA-1.

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

C.NO.I (2)1-ET/CAL-II/94/13793-802-B Date: 23.09.96

The Secretary,

Central Excise & Land Customs Ministerial Officers Association

15/1, Strand Road, Customs House, Calcutta-700001

Sub: Recognition of Service Association under CCS (RSA) Rules, 1993-Reg.

Please find enclosed Central Civil Services(Recognition of Service Association) Rules,1993.Those rules have been notified in part-(II), Section 3, Sub-Section(1) of the Gazette of India(extra ordinary) dated 5^th Nov.1993 as GSR NO.689(E).

For processing the proposal for recognition the Association are directed to send the required documents as under:-

a) Memorandum of Association,

b) Constitution/bye laws,

c) Name of the office bearers of the

Association,

d) Estimated membership of the

Association,

You are, therefore, requested to send applications for recognition of Federation/Associations those are representing distinct category of staff on All India Basis and had not applied earlier. The applications complete in all respects should be sent to the undersigned by 30.09.96 positively to process the matter further.

Sd/-

(V.K.CHATURVEDI)

DEPUTY COMMISSIONER (P&V)

CENTRAL EXCISE: CALCUTTA -II

F.NO.B.12014/4/93-Ad.IVA

Government of India

Ministry of Finance

Department of Revenue

******

Delhi, the 20^th March,93

All Heads of Department

Under C.B.E.C.

Subject: - Central Civil Service (Recognition of Service Associations) Rules, 1993-

Regarding

Sir,

I am directed to refer to Board’s letter even number dated 6^th January, 1994 enclosing therewith a copy of letter Deptt. of Personnel & Training’s O.M.No.2/10/80-JCA/Col. Dated 9.11.93 along with Notification No. 2/10/80-JCA/Col. Dated 5.11.93 on the above mention subject .According to 5(a) of the notification dated 5^th November,1993 members of the service Association has been restricted to distinct category of Govt. servants having common interest, all Govt. Servants being eligible for membership of the Service Association.

2. As the recognition is to be given on all India basis each distinct categories, the Board has decided the distinct category of Govt. servant and a list of these distinct categories is placed at Annexure ‘A’. The Associations so recognized on all India basis may have their branches at Commissionerate level.

3. For processing the proposals for recognition, the Associations may please be directed to send the required documents, if they have not already sent. The documents which are required are as under;

(a) Memorandum of Association,

(b) Constitution/bye laws,

(d) Estimated membership of the Association,

4. The Associations may send the documents directly to the Board.

5. Please acknowledge the receipt of this letter.

Yours faithfully,

Sd/-

Secretary

Copy to: -

1. All Associations which have already been recognized.

2. Federations from whom applications have been received on all India

Basis for information and further necessary action.

Sd/-

(Anga Ram)

Under Secretary to the Govt. of India

No.2/10/80-JCA

Government of India

Department of Personnel & Training

***********

New Delhi, the 9^th November, 1993

OFFICE MEMORANDUM

Subject:- Central Civil Services (Recognition of Service Associations) Rules, 1993 –

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

The Undersigned is directed to say that the question of framing fresh Rules for recognition of service Associations of Central Government Employees has been under consideration of the Government for quite sometime, Accordingly the Govt. have framed the Central Civil Services (Recognition of Service Association) Rules, 1993. These rules have been notified in part(II), Section 3, Sub-Section(i) of the Gazette of India extraordinary dated 5^th November, 1993 as GSR No.689(E). The rules will , therefore, take effect from 5^th November, 1993. A copy of the Rules is enclosed.

2. These Rules shall apply to all Service Associations of Central Government employees including civilian employees in the Defence Services, but shall not apply to industrial employees of Ministry of Railways and Workers employed in Defence installation of Ministry of Defence for whom separate Rules for Recognition exit.

3. The status of existing recognised Association/ Federations includingthose recognised on ad-hoc basis, shall be regulated in terms of rule 4 of the said Rules.

4. Recognition will be accorded by the Ministry/Department to an Association on fulfilling the conditions prescribed in Rule 5(d) (i) of the rules in respect of the entire Ministry/Department. The Association so recognised at the Central level may have branches in the lower formation. In respect of Sectt. Staff belonging to the Central Sectt. Service,Central Sectt.Stenographer Service and Central Sectt.Clerical Service, the regognition will be on all Sectt. basis as at present,such Associations will have branches in respective ministries/Departments.

5. Detailed procedure regarding recovery of subscription for the Associations from the pay-rolls shall be prescribed by the Controller General of Accounts.

6.1 Relaxation of any of the provisions of the CCS (RSA) Rules, 1993 under Rule 9 of the said Rules should be done only with the prior approval of the Department of Personnel & Training.

6.2 Doubts regarding the interpretation of CCS(RSA) Rules, 1993 should be referred to the JCA Division of the Department of Personnel and Training for clarification.

7. A copy of the Rules may be provided to all existing Associations/Federations immediately for appropriate action.

Receipt of this O.M. may kindly be acknowledged.

Hindi Version will follow.

Sd/-

(BIR DATT)

DIRECTOR (JCA)

TELE NO.3013180

1. All Ministries/ Departments of the Govt. of India.

2. UPSC/CVC/C&AG/Commissioner of Linguistic Minorities/Commissioner for SC/ST/Backward Classes Commission/Minority Commission/PM’s Office/ Lok Sabha Sectt./Rajya Sabha Sectt./President Sectt./Vice President Sectt./Supreme Court/High Court/Central Administrative Tribunal.

3. All attached and subordinate offices of DOP&T/MHA.

4. All Officers/Sections in DOP&T/MHA.

5. Secrertary,Staff side/National Council(JCM),13-C,Ferozshah Road, New Delhi.

6. All Staff Members of the National Council (JCM).

7. All Staff Members of the Departmental Council (JCM), Ministry Of Personnel,

PG & Pensions.

(To be published in part-II, Section 3, Sub-Section (i) of the Gazette of India).

No.2/10/80-JCA (Vol.IV)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Deptt. Of Personnel & Training)

*********

New Delhi, the 5^th November, 1993.

NOTIFICATION

In exercise of the powers conferred by provision to article 309 and clause (5) of article 148 of the constitution, after consultation with the comptroller and auditor General in relaxation to persons serving in the Indian Audit and Accounts Department, and in supersession of the Central Civil Services (Recognition of Service Associations) Rules, 1959 except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules, namely:

1. Short title and commencement: (1) These rules may be called the Central Civil Services (Recognition of Service Associations) Rules, 1993.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definition: In these rules, unless the context otherwise requires,

(a) “Government” means the Central Government.

(b) “Government Servant” means any person to whom the Central Civil Services

(Conduct) Rules, 1964, apply.

3. Application: These rules shall apply to service Associations of all Government Servants including civilian Govt. Servants in the Defence Service but shall not apply to industrial employees of the Ministry of Railways and workers employed in Defence installations of Ministry of Defence for whom separate Rules of Recognition exist.

4. Service Associations already recognized;

A service Association or a federation which has been recognized by the Government before the commencement of these rules and in respect of which the recognition is subsisting at such commencement shall continue to be so recognized for a period of one year from such commencement or till the date on which the recognition is withdrawn, whichever is earlier.

5. Condition for recognition of Service Associations;

A Service Association which fulfills the following conditions may be recognized by Government namely:-

(a) An application for recognition of Service Association has been made to the Government containing Memorandum of Association, Constitution, Bye-laws of the Association, Name of the Office-bearers, total number of membership and other information as may be required by the Govt.

(b) The service Association has been framed primarily with the object of promoting the common service interest of its members;

(c) Membership of the Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants being eligible for membership of the Service Association;

(d) (i) The Association represents minimum 35 per cent of total number of a category of employees provided that where there is only one Association which commands more than 35 per cent membership, another Association with Second highest membership, although less than 35 per cent may be recognized if it commands at least 15 per cent membership;

(ii) The membership of the Government servant shall be automatically discontinued on his ceasing to belong to such category;

(e) Government employees who are in service shall be member or office bearers of the Service Association;

(f) The Service Association shall not be formed to represent the interests, or on the basis of any caste, tribes or religious denomination or of any group within or section of such caste,tribes or religious denomination;

(g) The Executive of Service Association has been appointed from amongst the members only; and

(h) The funds of the Service Association consist executively of such subscriptions from members and grants, if any made by the Government, and are applied only for the furtherance of the objects of the Service Associations.

6. Conditions subject to which recognition is continued;

Every Service Association recognized under these Rules shall comply with the following conditions, namely:-

(a) The Service Association shall not send any representation or deputation except in connection with a matter which is of common interest to member of the Service Association;

(b) The Service Association shall not espouse or support the cause of individual Government Servants relating to service matters;

(c) The Service Association shall not maintain any political fund or lend itself to the propagation of the views of any political part or a member of such party;

(d) All representations by the Service Association shall be submitted through proper channel and shall be addressed to the Secretary to the Government/Head of Organization or Head of the Department or Office;

(e) A list of members and office bearers, and up-to-date copy of the rules and an audited statement of accounts of the Service Association shall be furnished to the Government annually through proper channel after the general annual meeting so as to reach the Government before the 1^st day of July each year;

(f) The Service Association shall abide by and comply with all the provisions of its constitutions/bye-laws;

(g) Any amendment in the constitution/bye-laws of the Service Association, after its recognition under these Rules, shall be made only with prior approval of the Government;

(h) The Service Association shall not start or publish any periodical, magazine or bulletin without the previous approval of the Government;

(i) The Service Association shall cease to publish any periodical magazine or bulletin, if directed by the Government to do so, on the ground that the publication thereof is prejudicial to the interests of the Central Government, the Government of any state or any Government authority or to good relations between Government Servants and the Government or any Government authority or to good relations between the Government of India and the Government of foreign state;

(j) The Service Association shall not address any communication to, or enter into correspondence with, a foreign authority except through the Government which shall have the right to withhold it;

(k) The Association shall not do any act or assist in the doing of any act which, if done by a Government Servant, would contravene any of the provisions of the Central Civil Service(Conduct) Rules,1964,and

(l) Communication addressed by the Service Association or by any office-bearers on its behalf to the Government or a Government authority shall not contain any disrespectful or improper language.

7. Verification of Membership:

(1) The Verification of membership for the purpose of recognition of service verification shall be done by the check-off system in pay rolls at such intervals and in such manner as the Government may by order prescribe.

(2) The Government may, at any time, order a special verification of membership if it is of the opinion, after an enquiry that the Association does not have the membership required under sub-clause (i) of clause (d) of rule 5.

8. Withdrawal of Recognition:

If, in the opinion of the Government, a Service Association recognized under these rules has failed to comply with any of the conditions set out in rule 5 or rule 6 or rule 7 the Government may after giving an opportunity to the Service Association to present its case, withdraw the recognition accorded to such Association.

9. Relaxation:

The Government may dispense with or relax the requirements of any of the rules to such extent and subject to such condition as it may be deem fit in regard to any Service Association.

10. Interpretation:

If any question arises as to the interpretation of any of the provisions of these rules or if there is any dispute relating to fulfillment of conditions for recognition it shall be referred to the Government, whose decision thereon shall be final.

Sd/-

(J.S.MATHUR)

JOINT SECRETARY TO THE GOVT. OF INDIA

(F.NO.2/10/80-JCA)

ANNEXTURE-A

1. All India Association of Central Excise & Customs Group ‘A’ Officers.

2. All India Federation of Superintended of Customs.

3. The All India Federation of Central Excise Gazetted Executive Officers.

4. The All India Customs Appraising Officers Federation.

5. All India Federation of Central Excise Executive Officers.

6. All India Association of Customs Executive Officers.

7. All India Association of Customs (Prev.) Officers.

8. All India Association of Examining Officers.

9. All India Narcotics Executive Officers Association.

10. All India Narcotics Deptt. Ministerial Officers Association.

11. All India Association of Group ‘C’ Central Excise Ministerial Officers.

12. All India Association of Group ‘C’ Customs Ministerial Officers.

13. All India Association of Group ‘D’ Customs Ministerial Officers.

14. All India Association of Group ‘D’ Customs Ministerial Officers.

15. All India Narcotics Group ‘D’ Employees Association, Kota.

16 Central Revenue Chemical Service Association.

17. All India Association of Central Excise & Customs Accounts and Administrative Officers.

18. All India Customs (Prev.) Service Vehicle Drivers Federation.

19. All India Customs Marine Service Federation.

20. All India Association of Central Excise & Customs Stenographers.

21. All India Federation of Customs and Central Excise Telecommunication Staff.

22. All India Association of Statistical & Intelligence Officers.

23. All India Customs Computers Staff Federation, Calcutta.

ANNEXTURE-I

LETTER OF AUTHORISATION

I,……………………………………(name and designation) being a member of…………………………

Association hereby authorize deduction of annual subscription of Rs…………………………

(Rupees………………………………………………) only for …………………………………. (Year) from my salary and authorize its payment to ………………………………………………………………………

Association.

Signature :

Name :

Designation :

………………………………………………………………………………………………………………………………………..

To be filled in by the Association

It is certified that Shri/Smt./Kum………………………………………………………………………………is a member of……………………………………………………………………………….Association.

Signature of authorized officer bearer.

32^nd Delegate Session of ‘CEMOA’, Calcutta.

Resolution adopted in Delegate and open session held on 24.02.1997, 25.02.1997 & 26.02.1997.

1. Name of Sri Joseph Minz, as President of the meeting was proposed by Sri Debabrata Boral and seconded by Sri Kantilal Chakraborty.

2. Resolutions of the 32^nd Annual General Conference were read out and confirmed.

3. General Secretary’s report for 32^nd Annual General Conference was submitted before the House, read-out and accepted.

4. Audited Books & Accounts for the period from 1^st.December, 1995 to 31^st. December, 1995 to 31^st. December, 1996 were placed before the House by the Finance Secretary, read out accepted.

5. Regarding cadre review, the local authority be urged upon to submit the report of their respective Commissionerate immediately.

6. Authority be urged upon to augment the Housing facility at Bolpur to Accommodate the Ministerial staff posted Bolpur.

7. Authority be urged upon to Implement in to the decision arrived at in the J.C.M., in relation to problem of Cashier regarding police escort.

8. It is resolved that the staff posted at PAO’s office be withdrawn immediately and till the withdrawal in effected they should be on deputation basis for which necessary order may be issued.

9. It is resolved that the senior UDC who got direct promotion to the grade of T.A, should get the benefit of stepping up of pay with Junior UDC who were promoted to the post of T.A.,after availing the benefit of U.D.C.,(special Pay).

10. It is resolved that the proper Authority be urged upon to shift the office of Rishra/Serampore Division from present building as it is declared unsafe by C.P.W.D.

11. It is resolved that former Assistant General Secretary,(N.B) be asked to clarify about their proposal for amendment of constitution for changing of the present pattern of Election.

12. It is resolved that the Federation be urged upon to place the proper Authority to sanction two(2) Administrative Officer’s post for Naxalbari Customs Division and Gantok Central Excise Division.

13. It is resolved that the constitution of ‘CEMOA’ be re-drafted in the line of constitution of Federation.

14. It is resolved that till the new constitution is redrafted the Executive Committee member will take decision on emergency situation to their own without calling any C.C.Meeting.

15. It is resolved that the proposal for increase of number of C.C.Member from 25 to 30 be endorsed to Expert Committee.

16. It is resolved that the tenure of Central Committee be extended to 3(three) years. The extinction will come into force from the next Election.

17. It is resolved that the Proper authority be urged upon to maintain only 1(one) G.P.F.Account in respect of any Staff’s service carrier so as to avoid unnecessary harassment which may occurred due to change or Commissionerate and to introduce G.P.F.Pass Book.

18. It is resolved that a new post of office Secretary be created in addition to the existing portfolios.

19. It is resolved that the rate of subscription be enhanced from Rs.2/- to Rs.5/- keeping in view the introducing of new Recognition Rules.

20. It is resolved that an Advisory Committee be formed to review and refix the Transfer & Posting norms.

21. It I solved that the matter relating to time bound promotion as 4 years for L.D.C. to U.D.C.,5years for U.D.C./steno to D.O.S.1/4 Inspectors,5 years for D.O.S.,to O.S., to avoid stagnation in promotional aspects be referred to Advisory Committee. The Advisory Committee should also consider the demand of up-gradation of pay to next higher scale in case Department’s failure to promote one staff.

PRESIDENT OF THE MEETING

RESOLUTION ADOPTED IN THE 33^RD,ANNUAL GENERAL MEETING OF CEMOA,HELD ON 10/03/98 TO 12/03/98

01. The name of Sri Debabrata Boral, as president of the meeting was proposed by Sri Abhijit Bandyopadhyay and seconded by Sri Ashim Pramanick.

02. The resolution of the 32^nd A.G.M. were read out and confirmed.

03. The General Secretary’s report for the 33^rd A.G.M. was submitted before the house, discussed and accepted.

04. Audited Books and Accounts for the period 1^st January, 1997 to 31^st December, 1997 were placed before the house by the Finance Secretary, read out and accepted.

05. Authority be urged to solve the problem of accommodation being faced by the Ministerial staff of Calcutta as well as the Zones outside Calcutta.

06. It is resolved that issues like enhancement of H.R.A. for Class-‘C’ and unclassified cities, L.T.C. in block of two years instead of four years etc. be raised to proper authority through Co-ordination Committee.

07. It is resolved that, Federation will be urged to solve the raised demand and relaxation of qualified service for promotion to grade of U.D.C. through persuasive action/agitational means.

08. The issue of posting of one staff to assist Cashier in HDQRS. / Divisional Offices be referred to Cadre Review Committee after obtaining views from Zonal Committee.

09. Authority be urged upon to finalize our demand in respect of the problem of delayed transfer of G.P.F. A/C. within the shortest possible time.

10. Defaulters should clear their subscriptions within 15-04-98 failing which their membership will cease to continue.

11. It is resolved that this association will continue to be affiliated with all India Federation, keeping in mind the new CCS (RSA) rules, 1993. The formalities initiated at the direction of All India Federation in this regard should be completed.

12. It is resolved that the process of colleting the ‘Letter of Authorization’ (Annexure-I) from the members, initiated by the Association at the direction of All India Federation and in view of C.C.S (RSA) Rules, is in the interest of the Organization and the formalities should be completed within May, 1998 and that those who have not submitted the same as yet, should do it within such time.

13. Authority be urged upon to arrange generator for Bolpur Hdqrs. office Immediately.

14. Authority be urged upon to arrange pay slip for all the staff members.

15. Authority be urged upon to issue S/List of T.A keeping in view that no staff is deprived of his seniority.

16. It is resolved that the issue of posting of A.O. at Naxalbari Customs Divn. and Gantok C.Ex. Division be pursued vigorously.

17. It is resolved that the draft constitution of the CEMOA prepared by the expert committee will be circulated to all the zonal Secretary with the request to give opinion on behalf of his zone, which may be adopted in a Zonal (general) meeting. It is also resolved that the copy of the bye-laws of the Federation will also be circulated to the zonal Secretary simultaneously for better understanding of the Constitution of this Association. The circulation be made by 31^st may, 1998 with the request to send their proposal by 30^th June, 1998 positively. The Constitution is to be amended as per the proposal as may be received from different Zone by the Central Committee which will be accepted in a extra ordinary General meeting to be convened for this purpose.

18. Authority be urged for immediate posting of a regular Addl./Dy.Commissioner at North Bengal or delegate the Financial /Admn. Powers to any Assistant Commissioner for smooth running of the Administration.

19. It is also resolved that the application dated 30.12.97 submitted by some of the members may be treated to have been considered and Settled.

Sd/-

General Secretary

Central Excise & Land Customs

Ministerial Officer’s Association

CALCUTTA

Resolution adapted in the 34^th Annual General Meeting of CEMOA HELD FROM 20.04.99 TO 23.04.99

1. The name of Sri Debabrata Boral as President of the meeting was proposed by Sri Ashim Pramanick and seconded by Sri Suman Chakraborty.

2. Two minutes silence was observed in memory of the beloved departed colleagues.

3. The resolutions of 33^rd A.G.M. were read out by Sri Abhijit Banerjee and confirmed.

4. The General Secretary’s report for the 34^th A.G.M. was submitted before the house, discussed and accepted after minor modification.

5. Audited Books and Accounts for the period from 1^st January, 1998 to 31^st December, 1998 were placed before the house by the Finance Secretary, read out and accepted.

6. Authority be urged upon to introduce G.P.F. Pass Book for all the Ministerial Officers.

7. Authority be urged for arranging computer training for all the ministerial Staff.

8. Regarding T.A. Seniority, the subject in consultation with the Advisory Committee (to be constituted amongst Expert Staff members) shall be discussed with the Authority.

9. It is resolved that the new constitution adopted in the A.G.M. will come into force from 1.7.99 subject to the following condition.

a) Collection of monthly subscription through salary bill (vide Article-IV of the constitution) will be effected from August’99.

b) The provisions as laid down in Article –III (viz.increase in number of Central Committee members from 25 to 29) will come into effect from the next election.

10. Authority be urged upon and Association shall pursue vigorously to solve the problem of Office and residential accommodation faced by Ministerial Officers of Calcutta as well as the Zones outside Calcutta.

11. Federation be requested to consider and place before the appropriate authority the demand for enhancement of age bar from 45 years to 47 years in view of extension of superannuating age from 58 to 60 years notwithstanding the burning demand of complete abolition of age no bar.

12. Proper authority be urged to enhance the member of trainees for any training programme conducted by NACEN(ER).

13. Authority be urged upon to clear the pending cases of compassionate appointment at the earliest.

14. Demand for restoration of entitlement for availing 1^st class L.T.C. for the basic pay of Rs.3050/- be raised through the proper forum.

RESOLUTION ADOPTED IN THE DELEGATE SEASON OF THE 38^TH ANNUAL GENERAL MEETING OF C.E.M.O.A.,WEST BENGAL

The delegate session was chaired by Shri Debabrata Boral, President, C.E.M.O.A., and W.B. whose name was proposed by Shri Lakshman Singh and seconded by Smt.Sumati Roy.

One minute silence was observed in the memory of our departed colleagues, notable persons and innocent victims of communal violence. The resolutions adopted in the 37^th.A.G.M. Were read out by Shri Amitava Majumder and confirmed by the House after threadbare discussion.

The following resolutions were adopted after animated deliberations:-

1. All efforts will be made to strengthen organization of the Federation. Till such time the service of the President who happens to be stationed in Kolkata will be availed to carry on the precaution with the Board in regard to the pending demands.

2. The federation be urged to take up the following issues with the competent authority.

a) One time relaxation for all vacant posts

b) Merger of DOS (L-II) and DOS (L-I).

c) Reiease of Recruitment Rules of T.A.

3. The proper Authority will be urged upon to install Computers in administrative sections in all Commissionerate Hqrs. and Divisions.

4. The proper authority will be urged upon to arrange residential accommodation for all Ministerial officers at all formations.

5. Deduction of subscription from Salary will be made on half-yearly basis i.e. April and October of each year commencing from April’2003.

6. Proposal regarding transfer policy advanced by the Delegates have been and will be considerd when the Central Committee will prepare a draft transfer policy. The draft will be sent to the Zonal Secretaries for suggestions. The entire process will be completed at the earliest.

7. The Central Committee will actively consider the aspect of regional representation in the organizational setup of the Association especially in view of the Cadre Restructuring.

8. Proper authority will be urged to redress the seniority issue of the Inter-Commissionerate transferee on the question of eligibility criterion for promotion.

9. Proper authority be urged upon for speedy disposal of Compassionate appointment cases.

1^st Constitutional Amendment :-

Finance Secretary shall operate the bank Account with the General Secretary jointly or with Asst. General Secretary (Kolkata) jointly. He shall be required to produce financial statement to the general Secretary on a monthly basis.

CONSTITUTION

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