IT IS NOT TOO FAR TO GET RECOGNITION FOR
BY THE DEPARTMENT.
AIPEU-GDS (NFPE)
IF REVERIFICATION IS ORDERED BY THE DEPARTMENT.
IT CLEARLY stipulated UNDER CLAUSE (2) OF RULE-6 IN EDA (RA) RULES-1995 VIDE No.13/2/94-SR DATED 27-04-1995, THAT –
The
Government may, at any time, order a special verification of membership if it
is of the opinion, after an enquiry, that the EXISTING RECOGNIZED Association
does not have the membership required under sub-clause (i) of caluse (d) of
Rule-4.
(i)
The Association represents minimum 35 per cent of total number of Extra
Departmental Agents 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 percent may be recognized if it
commands at least 15 per cent membership.
UNDOUBTEDLY
WE
HAVE REACHED THE PERCENTAGE OF MORE THAN 50% ACCRUED FROM 9 (NINE)
MAJOR CIRCLES ITSELF OUT OF TOTAL ELIGIBLE MEMBERSHIP. IN
THE REMAINING CIRCLES ALSO CIRCLE UNIONS WILL BE FORMED BY THE END OF
OCT’2012.
EFFORTS ARE UNDER WAY TO FULFIL THE CONDITIONS FOR REVERIFICATION.
IF
VERIFIVATION IS CONDUCTED BY THE DEPT NOW, THE AIPEU-GDS NFPE, NO DOUBT, WILL
BECOME THE No.1 RECOGNIZED UNION.
THAT
IS WHY THE CHQ IS REQUESTING ALL GDS COMRADES IN ALL THE CIRCLES TO MARCH
FORWARD UNDER THE BANNER OF AIPEU-GDS (NFPE) IN ALL THE DIVISIONS / BRANCHES
TO ENSURE MAXIMUM PARTICIPATION IN THE ENSUING ALL INDIA CONFERENCE.
REGARDING
STOPPAGE OF SUBSCRIPTION RECOVERY AFTER WITHDRAWAL OF MEMBERSHIP, SOME DOUBTS HAVE BEEN RAISED AT SOME PLACES,
WHICH IS CLARIFIED IN THE EDA(RA) RULES
– 1995 WITH REFERENCE TO PARA 4 OF THE SAID
RULES.
the
copy of eda (RA) RULES, 1995 IS HERE WITH PUBLISHED FOR YOUR READY REFERENCE:
No.13/2/94-SR
Government of India
Ministry of
Communications
Department of Post
Dak Bhawan, Parliament Street
New Delhi – 110 001
Dated : 27-04-1995
OFFICE MEMORANDUM
Subject:-
Extra Departmental Agents – (Recognition of Associations) Rules, 1995.
The under signed is directed to say
that consequent on framing of fresh rules for Recognition of Service
Associations of Central Government Employees vide Department of Personnel &
Trg. Notification No.2/10/80-JCA (Vol.IV) dated 05-11-1993, the proposal for
framing similar rules for the Extra Departmental Gents in the department has
also been considered. Accordingly, the Government have framed the Extra
Departmental Agents – (Recognition of Associations) Rules, 1995. The Rules will
take effect from 1st May, 1995. A copy of Rules is enclosed.
2. These Rules shall apply to all
Associations of Extra Departmental Agents in the Department of Post.
3. Recognition will be accorded by the
Department of Post to an Association on fulfilling the conditions prescribed in
Rule-4(d) (i) of the Rules in respect of the entire Department. The Association
so recognized at the Central level may have branches in the lower formations.
4. Detailed
procedure regarding recovery of subscription for the Associations from the pay
rolls prescribed for the regular Postal employees as per instructions issued
vide Department of Post letter No.13-1/93-SR dated 10-08-1994 as modified from
time to time will be applicable to Extra Departmental Agents also.
5. Relaxation
of any of the provisions of the EDA (RSA) Rules, 1995 under Rule – 8 of the said Rules should be done only with
the prior approval of the Department of Post.
6. Doubts
regarding the interpretation of EDAs (RSA) Rules, 1995 should be referred to
the S.R Section of the Department of Post.
7. Receipt
of this O.M may kindly be acknowledged.
8. Hindi version will follow.
Sd.x.x.x.x
(B.P.SHARMA)
DIRECTOR (SR)
1.All Heads of Postal Circles.
2.Secretary General,
NFPE/FNPO/BPEF.
3.All concerned Unions viz.,
(P-III, P-IV, R-III, R-IV of NFPE, NUDEU(FNPO), BEDEU (BPEF)
4.All members of Departmental
Committees of ED Agents.
5.Hindi section for necessary
action with the request that cut stencil or Hindi version may please be given
immediately.
//copy//
---------------------------------------------------------------------------------------------------------------------
Government of India
Ministry of
Communications
Department of Post
Dak Bhawan, Parliament Street
New Delhi – 110 001
No.13/2/94-SR Dated:
27 April ‘ 95
ORDER
The following Rues are issued under
the authority of the Government of India:-
1. Short Title and
Commencement :
(1)
The Rules may be called the Extra
Departmental Agents (Recognition of Association Rules, 1995.
(2) They shall come in to force with effect from 01-05-1995.
2.Definition :
In these Rules, unless the context otherwise requires :
a)”Government” means the Central Government.
b)”Extra Departmental Agent” means
any person to whom P&T EDA Conduct and Service Rules, 1964, apply.
3.Application:
These Rules shall apply to
Associations of ED Agents in the Department of Post.
4. Conditions for Recognition of Associations:
An Association which
fulfils the following conditions may be recognized by the Government namely:-
(a) An application for recognition of Association has been made to the
Government containing Memorandum of Association, Constitution, Bye-laws of the
Association, Names of Office bearers, total membership and ay 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 Extra
Departmental Agents;
(d) (i) The Association represents
minimum 35 per cent of total number of Extra Departmental Agents 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 percent may be recognized if it commands at least 15 per cent
membership.
(ii) The
membership of an E.D Agents shall be automatically discontinued on his ceasing to belong to such category;
(e) Extra Departmental Agents who working as ED Agents shall be members or
office bearers of the Service Association;
(f)
The Association shall not be
formed to represent the interest or on the basis, of any caste, tribe or
religious denomination or of any group within denomination;
(g) The Executive of the Association has been appointed from amongst the
members only; and
(h) The funds of the 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 Association.
5.Conditions
subject to which recognitions is continued.
Every Association recognized under
these Rules comply with the following conditions, namely:-
(a) the Association shall not send any representation or deputation except
in connection with a matter which is for common interest to members;
(b) the Association shall not espouse or support the cause of individual
Extra Departmental Agents relating to service matters;
(c) the 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 Association shall be submitted through
proper channel and shall be addressed to the Secretary to the Government/Head
of the Oganization 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 annual
General meeting so as to reach the Government before the 1st day
July each year;
(f)
The Association shall abide by and
comply with all the provisions of its constitution / bye-law;
(g) Any amendment in the constitution / bye-laws of the Association after
its recognition under these Rules, shall be made only with the prior approval
of the Government;
(h) The Association shall not start or publish any periodical, magazine or
bulletin without the previous approval of the Government;
(i)
The 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 interest
of the Central Government, the Government of any State or Government authority
or to good relations be Extra Departmental Agents and the Government or any
Government authority or to good relations between the Government of India and
the Government of Foreign State;
(j)
The 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 ED Agents, would contravene any of the provisions the P&T
Extra Departmental Agents (Conduct & Service) Rules, 1964 and ;
(l)
Communications addressed by the
Association by any office bearer on its behalf to the Government or a
Government authority shall not contain any disrespectful or improper language.
6.Verification of membership:
(1) The Verification of membership for the purpose of recognition of an
Association 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 caluse (d) of Rule-4.
7.Withdrawal of Recognition:
If, in the opinion of the
Government, an Association recognized under these Rules has failed to comply
with any of the conditions set our in Rule-4 or Rule-5 or Rule-6 the Government
may after giving an opportunity to the Association to present its case,
withdraw the recognition accorded to such Association. On grant of recognition
to Association(s) in terms of Rule-4 above all other Associations etc.,
hitherto recognized for representing EDAs shall cease to be recognized.
8 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 Association.
9. Interpretation:
If ay 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.x.x.x.x
(B.P.SHARMA)
Director (SR)
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