No. 2/10/ 80-JCA (Vol. IV)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi , the 5th November, 1993.
NOTIFICATION
- - - - - - - - - - - -
In exercise of the powers conferred by the proviso to article 309 and
clause (5 ) of article 148 of the Constitution, after consultation with
the comptroller and Auditor General in relation to persons serving in
the Indian Audit and Accounts Department , and in suppression of the
Central Civil Services ( Recognition of Service Associations ) Rules,
1959 except as respects things done or Omitted to be done before such
super session, 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 Government servants in the Defence Services
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 or 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 form such
commencement or till the date on which the recognition is withdrawn,
whichever is earlier.
5. Conditions for recognition of Service Associations:
A service Association which fulfills the following conditions may be recognised by the 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 , Names of Office-Bearers ,
total membership and any other information as may be required by the
Government ;
(
b ) the Service Association has been formed 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 percent
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 recognised if it commands atleast 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 members 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 , tribe or religious
denomination or of any group within or section of such caste , tribe or
religious denomination ;
( g ) the Executive of the Service Association has been appointed from amongst the members only ; and
(
h ) the funds of the Service Association consist exclusively of
subscriptions from members and grants , if any made by the Government
, and are applied only for the furtherance of the objects of the
Service Association.
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 members 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 view of any political party 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 the Organisation or head of the Department
or office ;
(
e ) a list of members and office hearers , 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 1st day of July each year ;
( f ) the Service Association shall abide by , and comply with all the provisions of its constitution / 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 the 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 a 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 Service 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 Services ( Conduct
) Rules, 1964 ; and
(
l ) communications addressed by the Service Association or
by any office-bearer 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 a Service Association shall be done by the
check-off-System in pa-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 Service Association does not have the membership required
under sub-clause (i ) of clause ( d ) of rules 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 these
rules to such extent and subject to such conditions as it may 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 Secy. to the Govt. of India
