CONSTITUTION - (COPY) --
Adopted in 3rd AIC - Allahabad (UP) (16-17 Mar 2018)

CONSTITUTION - (COPY) --
Adopted in 2nd AIC - Shimla (HP) (19-20 Sep 2015)

== Letter of authorization (withdrawl of membership)
== EDA (RA) Rules, 1995
== Constitution :

Letter of Authorization - (with drawal from other unions & consent to GDS NFPE)
till verification announced

EDA (RA) Rules,1995

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 1^st 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 1^st 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)

//Copy//

CONSTITUTION OF AIPEU-GDS(NFPE) -
Adopted in 1st AIC - Chennai (21/22 Mar 2012)

THE CONSTITUTION OF ALL

INDIA

POSTAL EMPLOYEES UNION – GDS (NFPE)

PART-1 - GENERAL

1. NAME:

The name of the Union shall be "All India Postal Employees Union GDS – (NFPE)

The Headquarters of the Union shall ordinarily be at the Headquarters of the Director General, Dept of Posts., viz. New Delhi.

2. AIMS AND OBJECTS:

(a) To render efficient service to the Nation and the people ;

(b) To safeguard and promote the interests, rights and liberties of the members of the Union and to get redressed of their grievances.

(c) To protect fundamental rights and privileges of the Postal employees in general, and the members of the union in particular, as guaranteed to them as citizens of India by the Constitution of India.

(d) To ventilate the problems and secure redress of the grievances of the members and the settlement of the differences and disputes by democratic and peaceful means in accordance with the law of the country;

(e) To promote social, educational and economic uplift and common service interest of its members and the ideological objectives of the Trade Union.

(f) To provide assistance to Postal employees in general and the members of the union in particular in distress.

(g) To conduct a journal or journals;

(h) To render legal assistance as provided for in article 10 of the constitution.

3. REGISTRATION:

The All India Union shall be under the EDA (RA) Rules, 1995.

4. ORGANISATION:

(a) For the functioning, management, administration and governance of the affairs of the Union and the activities of the members consistent with the aims and objects of the Union, the members shall establish.

(1) The basic unit of the organisation namely the Branch/Divisional Union comprising of the members;

(2) The Circle Union comprising of the Branch/Divisional Unions which have been granted Recognition Certificate by the Circle Union.

(3) The All India union comprising of the Circle Unions and ipso facto the Branch/Divisional Unions with due reference to jurisdictions as laid down elsewhere in this Constitution;

(b) Every member of the Branch Union shall ipso facto be a member of the Circle Union concerned and the All India Union.

(c) All Branch/Divisional and Circle unions shall ipso facto be affiliated to the Postal Co-ordinating Committees functioning at the Branch/Divisional/Circle Headquarters.

5. Interpretation of the Constitution:

The constitution shall be interpreted with reference to the provisions of ED [RA] Rules, 1995.

Where the Act provides, no guidance for the interpretation of any particular Article, the interpretation of the All India Conference shall be final and binding. The Central working committee shall also be empowered to give interpretation of such articles in between sessions of the All India conference. Such interpretation or clarification of the Central Working committee shall be binding unless revoked by the All India conference. The decision of the Central working committee will be placed in the All India conference for ratification.

i) Amendment to the Constitution: No amendment to the Constitution shall be passed except by two thirds majority of the voting strength of the delegates present in the All India conference and provided that the amendment proposed to be moved shall have been given notice of at least 10 days before the date of commencement of the All India Conference to the CHQ.

6. MEMBERSHIP

(a) All serving who are under the administrative control of the SSPOs/SPOs/SSRM/SRM shall be eligible to become members of the union on application and expressing their agreement in writing to abide by the Constitution of the Union. No dual membership shall be allowed.

(b) The membership will automatically discontinue on a member ceasing to belong to any one of the categories stated as above under sub clause (a) and on retirement from service.

(c) A member shall not be eligible to hold an office in any other Branch/Divisional Union except the Branch/Divisional Union of which he is a primary member and therefore on transfer to another branch / division the office bearership held in the parent unit by the member automatically becomes vacant.

(d) In event of bifurcation/reorganisation of the Branch/Divisional union or formation of a new Branch/Divisional Union, a member in the bifurcated/reorganised new Branch/Divisional union shall cease to hold any office in the parent Branch.

7. MEMBERSHIP REGISTER:

(a) (i) Membership Register shall be maintained by the Branch/Divisional Unions in respect of the primary members. All changes shall be duly incorporated by the Branch/Divisional Secretary as and when they occur.

(ii) This register shall be made available for inspection by any office-bearer of the higher bodies of the Union. A regular member of the Branch/Divisional Union shall also have the right to peruse the Register on prior notice in writing to the Branch / Divisional Secretary.

(b) Transfer Certificate:

(i) When a member is transferred from the jurisdiction of one Branch/Divisional Union to another, a Transfer Certificate in the prescribed form should be forwarded to the other Branch/Divisional Union under intimation to the Circle and the All India Unions as well as to the concerned member.

(ii) In case a member is transferred to a station where a Branch/Divisional union does not exist, such a member shall automatically continue his membership in the former Branch/Divisional Union.

8 FINANCIAL YEAR:

The financial year of the union shall be from 1^st April to 31^st March.

9. INVESTMENT OF FUNDS:

The funds of the Unions shall be deposited in the name of the Unions in a current, fixed deposit or Savings Bank account in a scheduled or Co-operative Bank/Society and operated jointly by the Secretary and Treasurer at all levels.

10. APPLICATION OF FUNDS:

The Funds of the Union shall be applicable for the purpose of:

(a) Payment of salaries, allowances and expenses to the office-bearers, to the representatives of the union and office staff.

(b) Payment of expenses for maintaining the office, administration and management including the audit of accounts of the Union.

(c) Compensation for and/or reimbursement of losses in pay and allowance sustained by any office-bearer or any representative of the Union in the interest of the Union.

(d) For the expenditure on account of journals and publications meant for the protection and promotion of the aims and object of the union..

(e) Payment of contributions and such other sums to the local or circle branches etc. as may be determined from time to time..

(f) Payments related to the prosecution or defence of any legal proceedings to which the union or any member thereof is a party when such prosecution or defence is undertaken for the purpose of securing or protecting any right arising out of the relations of any member with his employer ; AND

(g) Payments in furtherance of any of the aims and objects of the Union on which the general funds may be spent.

11. STRENGTH OF MEMBERSHIP.

(a) (i) For the purpose of determining the representation of the Divisional/Branch unions to the various managing bodies of the Union at the All India and circle levels, the strength of membership during a financial year shall be determined on the basis of quota of subscription relating to the financial year remitted by the Branch/Divisional Union to the All India and Circle Unions in accordance with the provisions of article No. 39 of the Constitution but remitted to the respective managing bodies on or before 30^th April of the following financial year.

(ii) For the purpose of determining the strength of membership of the Branch/Divisional Union at any time, the members borne on the rolls shall be taken subject to Article 41 and 42. It is the duty of the Branch / Divisional Secretary and Treasurer to update the membership register every month in comparison with the list of members supplied by the DDOs on the basis of the subscriptions recovered from them.

(iii) In respect of Branch / Divisional union newly established in the course of a financial year, the strength of membership shall be determined as sub clause (i) above except that the quota of subscription remitted from the date of inauguration shall form the basis.

(iv) In respect of Branch / Divisional union splitting up into two or more units during the financial year the election of delegates for all these units shall be based on the strength of membership calculated proportionately on the amount of quota received by the respective managing bodies up to the date of inception of new units and thereafter on the basis of the individual quota remitted by each unit till the end of the financial year or years concerned.

(v) In case any Branch/Divisional Secretary/ representative refuses to countersign the Membership authorisation form submitted under check off system of any official, that official concerned may appeal to the Circle Union and may also prefer an appeal against the decision of Circle Union to CHQ. The decision of the Circle Union will be final if not reversed by the CHQ.

(b) Conditions of benefit:

All the members of the union shall be entitled to the benefits provided by the union as soon as they join the union subject to the provisions of the Constitution. No person who ceases to be a member under relevant provisions of the constitution shall be entitled to any benefit of the union and shall forfeit all claims and rights to the union.

12 (i) DURATION OF OFFICE:

In the normal course all office-bearers shall hold office till the termination of the next session of the All India, Circle, Divisional or Branch Conference as the case may be subject to Article 6(b), 6(c) and11(b).

The Branch, Divisional, Circle conferences shall be held once in two years but in any case shall not exceed beyond three months on the completion of 24 months period. All India conference shall also be held once in two years and not beyond three months after 24 months. The Circle Union shall constitute an ad-hoc committee immediately on failure of any branch / divisional union to hold the branch / divisional conference within the above time frame as the whole team of office bearers of such defaulting branch / divisional unions cease to hold their offices on completion of the 27 months time. Similarly the CHQ shall constitute an ad-hoc committee to hold the Circle Conference in such Circle Unions that fail to hold it in time.

(ii) VACANCIES IN ELECTED OFFICES OR POSTS:

Save as provided for elsewhere in this Constitution if the post of office-bearers or Supreme Councillors or Circle Councillors fall vacant due to death, non-acceptance, resignation, superannuation, expulsion, continued absence from office or post for a period of three months without due authority or on termination of office or post by expression of non-confidence it shall be filled as follows:

(a) Office bearers of the All India Union: By the Supreme Council Meeting or Central Working Committee Meeting.

(b) Office bearers of the Circle union and Supreme Councillors: By the Circle Council meeting.

(c) Office bearers, Circle councillors, Members of the Working Committee and Delegates to circle, All India conference: By the General body meeting of the branch/ division.

13. DISCIPLINES AND PROCEDURE:

(a) (i) No disciplinary action shall be taken against any office-bearer or member of the Union except by the appropriate governing body of the Union by a 3/4^th majority of the members present therein.

(ii) Disciplinary action shall consist of suspension or expulsion, on charges of grave misconduct or act of in discipline, flouting the directives and the decision of the organisation calculated to undermine the prestige and solidarity of the union.

(iii) The Branch/Divisional Union's General Body meeting specially convened for the purpose shall alone be competent to take disciplinary action on any member or office - bearer thereof.

(iv) The Circle Conference or the Circle Council meeting shall alone be competent to take disciplinary action against any office bearer of the Circle Union or any Branch / Divisional Union under its jurisdiction provided the subject is included in the agenda duly circulated.

(v) The All India Conference or the Supreme Council shall alone be competent to take disciplinary action against any office bearer of the Unions.

(vi) The Central Working Committee and Circle Working Committee shall be competent to exercise the powers of suspension under their respective jurisdiction provided the period of suspension does not exceed three months.

(vii) A notice of disciplinary action with charges shall be issued to the concerned person at least 15 days prior to the meeting of the governing body by its Secretary. In case where the Secretary himself is involved the President shall issue the notice under the direction of the Working committee to be convened by him.

(viii) The right to submit defence either in person or in writing shall be absolute. If the defence is submitted in writing it shall be read at the meeting by the Chairman. If no defence is submitted either in person or in writing the meeting shall be competent to take an ex-parte decision

(b) No Confidence:

Motion of no confidence shall also be governed by the procedure laid down above. If the resolution of no confidence is adopted, the term of the office bearer concerned shall be terminated immediately and the vacancy shall be filled up by the meeting adopting the motion of no confidence.

(c) Legal Action:

No Circle / Divisional / Branch Union shall seek legal protection in the court for any matter or dispute unless the channels provided in the constitution are exhausted.

14. NOTICE OF RESOLUTIONS AND MOTIONS:

Rules with regard to notice of Resolutions and Motions shall be framed by the Central Working Committee meeting.

15. QUALIFICATIONS FOR ELECTIONS AS REPRESENTATIVES OF THE UNION.

(i) An employee who is not a primary member of the AIPEU GDS (NFPE) shall not be elected to any office of the Union or as a representative of the Union in any capacity.

(ii) No member who is not on the rolls of the Union for at least 6 months and in case of defaulters who are in arrears of subscription for three months or more as per Article 41 shall be elected as a representative of the Union in any capacity provided, however, that these conditions will not apply to the Branch/Divisional Union newly established.

16. ELECTIONS & VOTING:

The election of office bearers shall be conducted in the branches, Divisional, Circle and All India conference by the President of the respective level and he shall be the election officer to conduct the election. He may take the assistance of Working Presidents and Vice Presidents for the election. In the absence of President, the working president or any one of the vice presidents will conduct the election.

The election officer shall invite nominations to each post from the members or delegates, as the case may be, by proposing and seconding the names for each post.

The result of the election shall be announced by the President. In case, the President himself is a candidate for the post of President in a contest, then the working president or vice President as the case may be will act as the election officer for the election of the President post only.

Save as provided for elsewhere in the constitution, resolutions shall be carried by a simple majority vote by show of hands. However, a secret ballot shall be granted if demanded even by a single member present in respect of election of office-bearers only. Voting shall be taken for each post or posts and shall be confined to the respective individual candidates contesting. No panel voting shall be allowed.

17. DISSOLUTION OF THE UNION:

(a) The Union may be dissolved by a vote in favour of dissolution by 3/4^th of the delegates of the All India Conference specially convened for the purpose; such votes shall be taken by ballot.

(b) In case of dissolution of the Union the funds of the Union shall be utilised for the benefit of GDS employees as decided upon by the Conference specially convened for the purpose.

(c) In the case of Circle or Divisional or Branch Unions which have become defunct or dormant under Article 39 the funds shall be administered by the All India or Circle Union as the case may be.

PART II - ALL INDIA UNION

18 (a) Name:

The name of the Union shall be "All India Postal Employees Union GDS (NFPE) Central Headquarters."

(b) Headquarters:

The Head Quarters of the Union shall ordinarily be at the Head Quarters of the Postal Directorate. Viz. New Delhi.

(c) Channel of Communication:

The All India Union shall have the right of approach to the D.G. Post and the Ministry of Communications.

19. MANAGEMENT OF THE ALL INDIA UNION:

The Management of the All India Union shall be vested with the following:

(a) The All India Conference which shall ordinarily meet once in every two years but not later than 27 months from the conclusion of the last Conference.

(b) The Supreme council which shall ordinarily meet as and when necessary.

(c) The Central Working Committee shall ordinarily meet once in every six months but not later than nine months.

20. COMPOSITION:

(a) The All India Conference shall consist of the (i) elected delegates representing Branch/Divisional Unions on the basis of one representative for each unit of every one hundred (100) paid members or a part thereof provided the balance is fifty (50) or more subject to a minimum of one delegate for each Branch Union and (ii) office-bearers of the All India Union and Circle Secretaries who shall be ex-officio delegates.

(b) The Supreme Council shall consist of elected representatives from circle constituencies on the basis of one representative for every 1000 paid memberships, office - bearers of the All India Union and Circle Secretaries who shall be ex-officio councillors.

(c) The Central Working committee of the Union shall consist of the office-bearers of the All India Union and the Circle Secretaries of the Circle Union or any other office-bearers of the Circle Unions if deputed by them.

21. QUORUM:

(a) The quorum for the All India Conference shall be 1/5^th of the representatives entitled provided however that at least half the number of Circles is represented.

(b) The quorum for meeting of the Supreme Council shall not be less than 1/3^rd of its strength provided however, that at least ½ the number of Circles are represented.

(c) The quorum for meeting of the Central Working Committee shall not be less than ½ of its strength provided however, that at least ½ the number of Circles are represented.

22. ALL INDIA CONFERENCE:

(i) Powers: The All India conference shall be the supreme deliberative and legislative body of the Union and shall have absolute control over the affairs and property of the union. It shall have the following specific powers:

(a) To elect the following office-bearers:

1.President 2. Two Working Presidents 3. Two Vice Presidents. 4. General Secretary 5. Deputy General Secretary 6. Three Assistant General Secretaries 7. Financial Secretary 8. Assistant Financial Secretary 9. Three Organising Secretaries.

(b) To appoint a Chartered Accountant to audit the accounts.

(d) To adopt the Budget Estimates for the ensuing session.

(e) To effect amendments to the Constitution by decisions taken by 2/3^rd majority of the representatives assembled for the Conference provided due notice thereof has been given to CHQ at least 10 days prior to the date of holding of the All India Conference.

(f) To discuss and decide all questions of policy of the Union and the problems of the employees

(g) To issue rules and bye laws for the management affairs of the union..

(h) To express no confidence, suspend, remove, or expel any office-bearer of the Central Union.

(i) To function as the final Court of Appeal against the suspension, expulsion or removal from office of any office-bearer of the All India, Circle or Branch Union and in any organisational or election dispute in the Circle or Branch/Divisional Unions.

(j) "In the event of any dispute in the Circle/Divisional/Branch Union which retards the efficient functioning of the Circle/Divisional/Branch union or in the event of the Circle/Divisional/Branch Union failing to adhere to the Constitution of the union or to the instruction, directions or to the decisions of the All India Union to appoint an ad-hoc committee delegating thereto the entire powers of the Circle/Divisional/Branch Union to ensure proper and uninterrupted functioning of the Circle/Divisional/Branch Union for a period not exceeding three months during which period the Circle/Divisional/Branch Conference or the Circle Council / General Body Meeting, as the case may be, must be held.

(k) To depute a Circle Secretary of an adjoining Circle and a CHQ office-bearer to enquire into dispute of a Circle Union or dispute in a Divisional or Branch Union where the same has not been properly resolved by the Circle Union, and to report to the C.H.Q, for appropriate action.

(ii) VOTING:

The voting strength of the conference shall be cumulative voting power of the Circle Unions and All India office-bearers who shall carry one vote each. Each delegate will carry voting power equal to the quotient of his/her Circle voting strength divided by the number of delegates of Circle attending the conference. The Circle voting power shall be determined on the strength of membership based on the quota of subscription received from the constituent units relating to the financial years preceding the year in which the conference is held subject to the provisions of Article 11 (a) (i).

23. SUPREME COUNCIL:

(i) The Supreme Council shall exercise all the powers of the All India Conference except (a) to (e) of Article 22 in between the sessions of the All India Conference and to fill up vacancies of any posts of All India Office-bearers and Federal Councillors.

(ii) Voting Strength: The Voting strength of the Supreme Council shall be cumulative voting power of the Circle Unions ascertained on the basis of one Supreme Councillor for every 1000 paid members or part thereof provided the fraction is 500 or more determined on the basis of Article 11 (a) (i) and the office bearers of the All India and each Councillor shall carry one vote.

24. CENTRAL WORKING COMMITTEE:

(i) In between the sessions of the All India Conference and the Supreme Council, the Central Working Committee shall exercise all the powers of the All India conference except items (a) to (e) of the Article 22; and

(a) To fill up vacancies as listed in Article 23 above;

(b) To finalise the agenda for the All India Conference;

(c) To prepare and present the Biennial Report on the activities and the Audited accounts of the All India Union to all India Conference;

(d) To frame rules for the issue and certification of credentials to the delegates to the All India and Circle conferences.

(e) To frame rules and regulations for efficient and effective management of the Unions at all levels.

(ii) EXPENSES

The TA and DA of the members of the Central Working Committee shall be borne by the All India Union.

25. NOTICE OF MEETINGS:

A notice of 30 days in writing shall be given for holding the All India conference. A notice of 21 days shall be given for a meeting of the Supreme council or Central Working Committee.

26. FUNCTIONS OF THE OFFICE-BEARERS:

(a) President: The President shall preside over the meetings of the Working Committee, Supreme Council and the All India Conference and exercise general supervision over the affairs of the union. He shall conduct the election of office bearers and Federal Councillors.

(b) Working President: The Working President shall exercise all the power of the President in the absence of the President.

(c) Vice Presidents: The Vice Presidents shall exercise all the powers of the President in the absence of the President and working Presidents.

(d) General Secretary: The General Secretary shall be the Chief Executive of the Union and shall administer the affairs of the union subject to the control of the governing bodies of the union. He will function as the Editor of the journal or journals or Bulletins of the Union if published. He shall carry on all correspondence, convene meeting and act upon the resolutions adopted in the governing bodies of the union. He shall be empowered to take disciplinary action against the office staff of the CHQ. In case of removal from service, such staff will have the right of appeal to the Central working committee.

(e) Deputy General Secretary: He shall assist the General Secretary in administering the affairs of the union. He will act as General Secretary during the absence of the General Secretary.

(f) Asstt. General Secretaries: They shall assist the General Secretary in administering the affairs of the Union.

(g) Organising Secretaries: They shall assist the General Secretary in organisational matters.

(h) Financial Secretary: The Financial Secretary of the union shall exercise a general control over the funds and the accounts of the union. His specific duties shall be as under:-

He shall be personally responsible for the funds of the union and the records of the union pertaining thereto. He shall receive contributions and all dues from the branches and all others and issue receipts in printed forms for all amounts received by him. He shall make payments after getting the vouchers attested by the General Secretary and maintain vouchers for all payments made. He shall maintain day books and other accounts books and place the accounts every month before the General Secretary for scrutiny, approval and signature. He shall maintain a register of branches showing strength of membership and financial position. The Accounts shall be maintained in a manner to show under separate heads the income and expenditure as required in the statements to be submitted to the Registrar of Trade Unions as suggested by the Auditor.

(i) Asst. Financial Secretary: He shall assist the Financial Secretary in his duties.

PART – III CIRCLE UNION

27. NAME:

The name of the Union shall be the "All India Postal Employees Union GDS (NFPE) ------ Circle branch.

28. HEADQUARTERS:

The Headquarters of the Union shall ordinarily be at the station where the Head Quarters of the Postal Circle is situated.

29. MANAGEMENT:

The Management of the Circle Union shall vest with the following bodies:

(a) The Circle Conference which shall meet ordinarily once in two years but in any case not later than 27 months from the date of conclusion of the previous Conference. Failure to hold the Circle Conference as per constitutional provisions shall debar the Circle Secretary from the right of representation as an ex-officio delegate to the All India Conference.

(b) The Circle Council which shall ordinarily meet as and when necessary.

30. The Circle Conference:

(I) POWERS:

(a) To elect the following office-bearers:

(1) President (2) Three Vice Presidents (3) Circle Secretary (4) Five Assistant Circle Secretaries (5) Financial Secretary (6) Assistant Financial Secretary and (7) Three Organising Secretaries.

(b) To appoint an Auditor.

(d) To elect Supreme Councillors.

(e) To adopt resolutions on the problems of the employees and to devise ways and means to implement the All India Union's policy and directives.

(f) To express no confidence or take disciplinary action against office-bearers of the Circle Union.

(g) To act as a Court of Appeal against removal, suspension or expulsion of an office-bearer of the Branch/Divisional Union and any organisational or election dispute in a Branch/Divisional Union.

(h) In the event of any dispute in a Branch/Divisional Union which retards the efficient functioning of the Branch/Divisional Union or the Branch/Divisional Union failing to adhere to the constitution of the union, to appoint an ad-hoc committee delegating thereto entire powers of the Branch/Divisional Union to ensure proper and uninterrupted functioning of the Branch Union for a period not exceeding three months during which period the Conference or General body meeting as the case may be, must be held.

(II) COMPOSITION:

The Circle Conference shall consist of delegates representing the Branch Unions elected on the basis of one representative for each Unit of every one hundred paid members or part thereof provided the balance is Fifty five or more but subject to a minimum of one delegate for each Branch / Divisional Union and Circle office-bearers, who shall be ex-officio delegates.

(III) VOTING STRENGTH:

(a) The voting strength of the Conference shall be the cumulative voting power of the affiliated Branch/Divisional Unions and the Ex- officio delegates. The voting power of the Branch/Divisional Union shall be determined on the strength of membership based on the quota of subscription received from the Branch/Divisional union relating to the financial years proceeding the year in which the conference is held subject to the actual number of members and in accordance with Article 11 (a) (i).

(b) The ex-officio delegates shall each carry one vote each provided however, the total voting strength of the ex-officio delegates shall not exceed 1/6^th of the cumulative voting strength of the Branch Unions. Where it exceeds, each ex-officio delegate shall carry a voting power equal 1/6^th of the cumulative voting power of Branch unions divided by the total number of office-bearers.

31. CIRCLE COUNCIL:

(I) POWERS:

In between sessions of the Circle Conference, the Circle Council shall exercise all powers of the Circle Conference except (a) to (d) of sub-clause (I) of Article 30 and shall be competent to fill up vacancies of any post of Circle office-bearers.

(II) COMPOSITION:

The Circle Council shall consist of Councillors representing the Branch/Divisional Unions and the Circle office-bearers who shall be ex-officio councillors. The Councillors representing the Branch/Divisional Unions shall be elected on the basis of one Councillor for every 200 paid members or part thereof provided the balance is 100 or more, subject to a minimum of one Councillor for each Branch Union. Whether a Branch/Divisional Union is entitled to be represented by one or more Councillors, the Branch/Divisional Secretary shall ipso facto be the Circle councillor or one of the Circle Councillors.

(III) VOTING STRENGTH:

The voting strength of the Circle Council shall be the cumulative voting power of the affiliated Divisional/Branch Unions and the ex-officio delegates calculated on the basis of one circle councillor for 200 paid memberships or a part thereof subject to at least one Circle Councillor from each branch. The basis for ascertaining the strength of the branch will be the quota remitted by Divisional/Branch Union to the Circle Union subject to the actual no of members and in accordance with the Article 11 (a) (i).

(IV) EXPENSES:

The expenses of the Councillors representing Branch Unions shall be borne by the Branch Unions concerned and of the ex- officio councillors by the Circle Union.

CIRCLE WORKING COMMITTEE:

(i) COMPOSITION:

The Circle working Committee shall consist of the office-bearers of the Circle Union.

(ii) POWERS:

(a) The Circle Working Committee shall have all the powers of the circle conference except (a) to (d) and (f) of Article 30 (I).

(b) To adopt the Biennial Report and Audited Accounts, Budget Estimates, etc.,to be presented in the Circle Conference for adoption.

(iii) VOTING STRENGTH

Each office-bearer shall carry one vote.

(iv) EXPENSES:

The Circle Union shall bear the expenses of T.A. and D.A. of the members of the Working Committee.

32. (a) NOTICES OF MEETING:

Notice of meetings of the Circle Conference shall be given at least 21 days before the date thereof and notice of a meeting of the Circle Council shall be given at least 15 days before the date thereof and for Circle Working Committee 10 days before the date thereof.

(b) QUORUM:

The quorum of the Circle conference shall be 1/5^th the delegates entitled to he present on the basis of paid membership provided however that at least ½ the number of Branches are represented. The quorum for the meeting of the Circle Council shall not be less than ½ the strength of the Council. The quorum for the Circle working Committee shall not be less than 2/3^rd of the total strength.

33. FUNCTIONS OF THE OFFICE-BEARERS:

(i) President: The President shall preside over the meetings of the Circle Working Committee, Circle Council and the Circle Conference and shall exercise general supervision. In case of vacancy to the office of Circle Secretary, the President shall nominate one of the Assistant Circle Secretaries to function as Circle Secretary till the vacancy is filled up as per provisions of the Constitution which shall be done within a period of three months from the date of occurrence of the vacancy. He shall conduct election of office-bearers.

(ii) Vice President: The Vice President shall assist the President in discharging of his duties and shall exercise the functioning of the President in his absence.

(iii) Circle Secretary: The Circle Secretary shall conduct the affairs of the Union under the direction of the Circle Management bodies. He shall be the Editor of the Circle Journal of the Union, if published. He shall maintain the records of the union and keep minutes of the proceedings of all meetings.

(iv) Asstt. Secretaries: They shall assist the Circle Secretary in the discharge of his duties.

(v) Financial Secretary: He shall be personally responsible for the funds of the Union and records pertaining thereto. He shall receive contributions and all dues from the Branch/Divisional Unions and grant receipts in printed forms for all amounts received by him. He shall make payments after getting the vouchers attested by the Circle Secretary and maintain vouchers for all payments made. He shall maintain day books and other account books and place the accounts every month before the Circle Secretary for scrutiny, approval and signature. The accounts shall be maintained in a manner to show under separate heads the income and expenditure as required in the statement to be submitted to the Register of Trade Unions and to the Auditor.

(vi) Asstt Financial Secretary: He will assist the Financial Secretary in the discharge of his duties.

(vii) Organising Secretary: The Organising Secretary will attend to organisational matters and will work under the direction of the Circle Secretary.

34. CHANNEL:

The Circle Union shall have the right to approach the Head of the Circle/Region concerned.

PART IV – DIVISION/BRANCH UNION

35. Name

The name of the Union shall be the All India Postal Employees Union – GDS (NFPE) Divisional Branch/Branch.

36. HEADQUARTERS:

The headquarters of the Divisional Union shall be where the Headquarters of Divisional heads are situated.

37. (A) Jurisdiction:

The jurisdiction of the different categories of Branch Unions shall ordinarily be:

(i) DIVISIONAL BRANCH

The administrative jurisdiction of the Divisional Superintendent

(ii) LOCAL BRANCH

1. The administrative jurisdiction of the Gazetted Postmaster or Gazetted SubPostmaster.

2. Account jurisdiction of a non-gazetted H.P.Os. with in the same division..

3. Account jurisdiction of a Gazetted P.M.

4. Jurisdiction of a Senior Supdt. of P.Os. Excluding the 1^st Class H.O. .

5. Jurisdiction of Superintendent Postal Stores Depot.

The Circle Working Committee shall take action with due deference to the will of the members to progressively merge local branches in [1] & [3] and [2] & [3] and [3] & [4].

(iii) No Divisional or Branch Union except PSD, CSD, RLO and P&T Dispensary with less than 30 members shall have separate entity and such branches shall have to merge with the nearest Divisional/Branch Union.

(B) CHANNEL OF COMMUNICATION:

(i) The Divisional Branch shall have the right to approach the Divisional Supdt. concerned and the local Branch shall approach the local authority concerned except that the local Branch representing exclusively the staff of a First Class H.O. shall be entitled to correspond to the Divisional Supdt. Directly.

(ii) In the jurisdiction of a Superintendent other than the S.S.P, the Branch functioning at the Headquarters shall ordinarily be designated as the 'Divisional Branch' for the purpose of channel of communication with the Divisional Head including the Head of the unit.

(iii) In the jurisdiction of the S.S.P. the first Class H.O. and Divisional Branch shall both be designated as Divisional Branches for the purpose of channel of communication with the S.S.P., including monthly meetings. For the purpose of the monthly meetings with Divisional Superintendent, all the Branch Secretaries in the Division or their Asstt. Secretaries shall meet together under the leadership of the Divisional Secretary.

However, the Circle Working Committee shall have powers to make any alternate arrangement for the said purpose in the interest of organisation and the members.

38. SUBSCRIPTION:

A. The monthly subscription of member shall be Rs. 15/-.

B. An additional special levy from the members may be collected by decision of the General Body of the Divisional/Branch Union.

39. ALLOCATION:

(a) The Divisional/Branch Unions shall remit quota of subscription to the higher bodies of the Union regularly every month.

(b) The monthly subscription shall be allocated as under:

PAYABLE TO THE

Branch Circle All India Co-ordination Total

05.50 02.00 02.00 0.50* 10.00

(c) The Divisional / Branch Secretaries of the Unions who do not remit due quota to the Circle Union and / or to the CHQ and / or to the NFPE for a period of three consecutive months shall be liable to be suspended by the CWC of the higher bodies on issue of a Notice of 30 days by the Financial Secretary of Circle / CHQ. The CHQ has the authority to seek from the DDOs concerned to directly remit the subscriptions collected by them to CHQ or to the Circle Union as the case may be. The allocation of subscription as per sub clause (b) above shall thereupon be done by the Circle / CHQ concerned until the rights of the branch / divisional union is restored back.

40. RECEIPT:

Receipts in printed forms shall be granted for all money received showing details.

41. MEMBERSHIP AND FORFEITURE OF RIGHTS:

(i) It shall be the duty of the members to pay subscription regularly.

(ii) A member who does not default payment of subscription shall be deemed to be a regular member and a member who is in arrears of subscription for 3 months shall be deemed to be a defaulter. Defaulter shall not be eligible to be elected in any office of the Union and shall not have the right to exercise their franchise in the General Body Meeting and/or Divisional/Branch Conference.

(iii) The rights of membership to be elected to any office of the Union and to exercise their franchise shall be restored automatically to the defaulters on payment of the entire arrears of subscription at least 10 days before the date of conference and 3 days before the date of General Body Meeting. However no new member shall be admitted into the rolls of the Union after the due notice of Branch Conference is issued and before the conference is held.

(iv) Subscriptions realised in any month from a defaulting member shall be adjusted towards arrears due.

(v) The Divisional/Branch Working Committee shall undertake periodical review and take steps to ensure regular payment of subscription. It shall have power to terminate the membership of a person who is in arrears of subscription for 3 consecutive months - such intimation being communicated to the person concerned. The names of such persons shall be removed form the rolls of the Union.

(vi) The Divisional / Branch Union can enrol new membership of newly recruited employees and collect subscriptions under a manual receipt until the month of next April when letter of authorization from such members are to be submitted to the DDOs for pay roll recovery of subscription from July by the DDOs. Membership rights as enshrined in the Constitution are extendable to such members also.

42. Termination of Membership.

A member’s connection with the union shall terminate

(i) On voluntary resignation by a letter addressed to the Secretary /President and acceptance of the same by the working committee.

(ii) On failure to pay subscription for three months or more but however terminated after providing an opportunity to the member concerned in writing through a show cause by the Branch / Divisional Working Committee.

(iii) By expulsion for gross misconduct by a vote of not less than 3/4^th of members present in a general body meeting specially convened for the purpose.

43. (a) Re-admission:

A person whose membership was terminated by the Divisional/Branch working Committee shall be eligible to be re-admitted by the said Committee on payment of subscription for the defaulting period or of at least 6 months whichever is less.

(b) Resignation or expulsion of Members:

A member who resigns or who is expelled from the Union can be re-admitted only by the General Body meeting and on payment of entire arrears of subscription from the date of his resignation or expulsion or for any period as may be decided upon and after fulfilling such other conditions as may be laid down by the General Body meeting.

44. MANAGEMENT:

The management of the Branch/Divisional Union shall vest with the following bodies:

(a) The Branch/Divisional Conference which shall meet every two years, but not later than 27 months.

(b) The working committee which shall meet at least once in every three months and ordinarily as often as deemed necessary.

45. Branch Conference:

(I) POWERS: Among others it shall exercise the following specified powers:

(a) To consider and adopt Biennial report, Audited Accounts and Budget estimates

(b) To elect the following office-bearers.

a. President (2) Vice President or Vice Presidents (3) Divisional/Branch Secretary (4) Asstt. Secretary or Asstt. Secretaries (5) Financial Secretary (6) Asstt. Financial Secretary (7) Organising Secretaries

(d) To elect the Auditor.

(e) To elect Circle Councillors.

(f) To elect delegates to the Circle and All India Conferences.

(g) Organisational review.

(h) To pass resolutions on the problems of employees and devise ways and means to implement the policies and directives of All India Union / Circle Union.

(ii) COMPOSITION:

The Branch/Divisional Conference which is the biennial meeting of the General Body shall consist of members of the Branch Union.

Resolutions can be carried by a simple majority vote either by show of hands or by secret ballot if demanded by 1/4the of the number of members present.

Each member shall carry one vote.

46. WORKING COMMITTEE:

The Working Committee which shall consist of office bearers and committee members shall exercise all powers of the divisional / branch conference in between the sessions of such conference / General Body meetings except those specified in (a) to (f) of Article 45 (i) above.

The Working Committee shall finalise the agenda of the branch / divisional conference and present the biennial Report, Audited Accounts and Budget Estimates to the conference.

47. GENERAL BODY MEETINGS:

COMPOSITION:

General Body shall be composed of the members of the Branch Union.

POWERS:

It shall exercise all power of the conference except (a) to (d) of Article 45(i) and shall be competent to fill up vacancies of any office-bearer and Auditor.

VOTING:

Each member shall carry one vote. Resolutions shall be carried by a simple majority vote either by show of hands or by secret ballot if demanded by 1/4^th of the number of members present.

48. NOTICE OF MEETINGS:

Notice of a General Body meeting shall be issued at least seven days before the date thereof and notice of Working Committee shall be issued at least five days before the date thereof. Extraordinary General Body meetings shall be convened under instructions from the All India or Circle Branch Union or by the Branch / Divisional Secretary to consider problems of extreme urgency by giving 3 days notice. Notice of Branch/Divisional Conference shall be issued at least 15 days before the date thereof. Emergent Working Committee meeting shall be called on giving at least 24 hours notice.

The Secretary shall issue notice for the meeting and ensure wide circulation amongst the members and a copy of the notice shall invariably be exhibited on the notice board.

49. REQUISITIONING OF MEETINGS:

The Branch/Divisional Secretary shall convene all meetings of the General Body or the Working Committee as the case may be on requisition being received by him by at least 1/4^th of the total membership of the Branch Union in case of a General Body meeting and ½ of the Working Committee members in case of Working Committee meeting stating clearly the subject to be discussed at the meeting, within a fortnight from the receipt thereof. If the Secretary fails to convene the requisitioned meeting within the specified period of a fortnight, the first signatory of the requisition shall be competent to convene the meeting after giving due notice to the members and intimating the Circle Union concerned. The meeting thus held shall be valid.

50. QUORUM:

(a) The quorum for the Branch/Divisional Conference shall be 1/5^th of the strength of membership or one hundred whichever is less, for General Body meetings 1/8th of strength of membership or forty whichever is less and for the Working committee 1/3^rd of is strength.

(b) No quorum is necessary for a meeting which is adjourned for want of quorum either at the commencement or during the course but notice shall be given thereof.

(c) Quorum is compulsory to compose the house of Conference or General Body or Working Committee at the commencement of the meeting but quorum cannot be raised during the course of the meeting at will by any one.

51. ELECTION OF DELEGATES:

(a) Delegates to the Circle and All India Conference shall be elected at the General Body meeting or Branch conference and from amongst the members of the Branch Union only.

(b) Each Branch Union shall be eligible to be represented by at least one delegate and shall elect delegates on the basis of strength of membership in the ratio of one for every fifty paid members or part thereof provided the balance is twenty five or move.

(c) No Branch Union which is in arrears of payment of quota of subscription and cost of journals to the Federation, All India and circle Unions for a period of three months or more preceding the month in which the conference is held shall be eligible to the represented at the Conference of the Circle or the All India Unions.

(d) No Branch Union which has not submitted its current Biennial Report and Audited Accounts shall be allowed to be represented at the Circle and all India Conferences.

(e) T.A and D.A. of the delegates shall be borne by the Branch/Divisional Unions concerned.

52. UNION JOURNALS:

Every Divisional/Branch Union shall subscribe to CHQ journal. All Divisional/Branch Unions shall subscribe to Circle Union journals. All office-bearer, members of Working committee, Circle councillors and Supreme Councillors should voluntarily subscribe to CHQ and Circle Union journals and Divisional / Branch Working Committee is to make arrangement to collect and remit the above subscriptions.

53. FUNCTIONS OF THE OFFICE-BEARERS:

(a) President: The President shall preside over the meeting of the working Committee, General Body meeting and the Branch/Divisional conference and shall exercise general supervision. In case of the vacancy to the office of Divisional/ Secretary the President will nominate the Asstt. Divisional/Branch Secretary or one of them where the number is more, to function as Divisional/Branch Secretary till such time the vacancy is filled up as per the provisions of the Constitution, which shall be done within a period of one month from the date of occurrence of the vacancy.

(b) Vice-President: The Vice President shall assist the President in the discharge of his duties. He will exercise the functioning of the President in his absence.

(c) Secretary: The Secretary shall conduct the affairs of the Union under the direction of the Working Committee, General Body meetings and the Branch Conference. He will be responsible for the remittance of quota. He shall maintain the records of the union and keep minutes of the proceedings of all meetings. He shall prepare the biennial report and submit the Audited accounts of the union. He must submit annual returns to the CHQ and circle unions in such form and manner as may be prescribed by the General Secretary within two months after the end of each financial year. He shall be the editor of the journal if published. He shall call for items from the branch Secretaries for inclusion in the agenda for monthly interviews and intimate the dates of interview well in advance. He shall take the branch secretaries for monthly interviews and circulate the minutes of the interview to all concerned.

(d) Asstt. Secretary: The Asstt. Secretary shall assist the Secretary in the discharge of his duties.

(e) Finance Secretary: He shall be personally responsible for the funds of the Union and the records pertaining thereto. He shall receive contributions and all dues from the members and grant receipts in printed from the members and grant receipts in printed forms for all amounts received by him. He shall make payments after getting the vouchers attested by the Secretary and maintain vouchers for all payments made by him. He shall maintain day books and other account books and place the accounts before every Working Committee meeting for scrutiny and approval. The accounts shall be maintained in a manner to show under separate heads the income and the expenditure as required in the statement to be submitted to the Auditor and the Registrar of Trade Unions. He will be responsible for the remittance of quota.

(f) Asstt. Finance Secretary: He will assist the Treasurer in the discharge of his duties.

(g) Organising Secretary: The Organising Secretary shall assist the Secretary in the discharge of his duties and will attend to the organisational matters under the direction of the managing bodies of the Branch/Divisional Union.

(P. Pandurangarao)

General Secretary

ALL INDIA POSTAL EMPLOYEES UNION - GDS (NFPE)

FORMS

Organization

PART-1 - GENERAL