FORMS

Thursday, September 20, 2012


IT IS NOT TOO FAR TO GET RECOGNITION FOR 
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 VERIFICATION 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.


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 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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