Indian Railway Establishment Manual (Vol-II) - PDF

INDIAN RAILWAY ESTABLISHMENT Manual (Vol - II) || Index || Chapter 17 || Chapter 18 || Chapter 19 || Chapter 20 || Chapter 21 || || Chapter 22 || Chapter 23 || Chapter 24 || Chapter 25 || Chapter 26 ||...

INDIAN RAILWAY ESTABLISHMENT Manual (Vol - II) || Index || Chapter 17 || Chapter 18 || Chapter 19 || Chapter 20 || Chapter 21 || || Chapter 22 || Chapter 23 || Chapter 24 || Chapter 25 || Chapter 26 || CHAPTER XXV Rules for the Recognition of Service Associations of Railway Servants PART A Rules for the recognition of Service Associations of gazetted railway servants 2501. Government is prepared to accord official recognition to associations of its gazetted railway servants which comply with the conditions set out below. 2502. The association must ordinarily consist of a distinct class of Gazetted Railway servants and must not be formed on the basis of any caste, tribe or religious denomination or of any group within or section of such caste, tribe or religious denomination. 2503. Every gazetted Railway servant of the same class must be eligible for membership of the association. 2504. No persons who are not gazetted railway servants of the class concerned shall be elected as members or office bearers of the Association. 2505. Representations from such associations, whether made orally by deputation, or presented in writing may be received by Government officers notwithstanding anything contained in the rules relating to the submission of petitions by railway servants.        Provided that- (a) No representation or deputation will be received except in connection with a matter which is, or raises questions which are, of common interest to the class represented by the association; and (b) Nothing in these instructions affects the discretion the President, the Railway Board or any Officer of Government to receive or not to receive a deputation from any association. 2506. Recognition is accorded for the purpose of enabling the gazetted railway servants to communicate their needs to Government or to Government officers, and it may be withdrawn by Government if an association adopts other methods of ventilating those needs. 2507. Government may require the regular submission for its information, of copies of the rules of the association and the annual statement of its accounts and of lists of its members 2508. Government may specify the channel through which representations from the association shall be submitted and the authority by whom deputations may be received.        2509. The officer, who is empowered to grant leave to a gazetted railway servant will, so far as is possible, grant casual leave to a gazetted railway servant who is a representative of a recognised association to attend duly constituted meetings of the association. The grant of such leave will be subject to the exigencies of the service, of which the officer in question shall be the sole judge.      PART B Rules for the recognition of association of non-gazetted railway servants 2510. Government is prepared to accord official recognition to associations of its industrial employees. The grant and continuance of recognition rests in the discretion of Government, but recognition when granted will not be withdrawn without due cause and without giving an opportunity, to the association to show cause against such withdrawal. NOTE. The term "industrial employees" includes railway servants. 2511. Notwithstanding anything   contained in the rules relating to the submission of petitions by railway servants, representations from recognised associations whether made orally by deputation, or presented in writing may be received by Government officers, subject to the observance of Rule 2506 and to such further restrictions as may be imposed by a department of Government in respect of representations which raise no question of common interest to the class represented by the association. 2512. Recognition will not ordinarily be granted or continued to any association unless it complies with the following conditions. (i) it must consist of a distinct class of Railway servants and must not be formed on the basis of any caste, tribe or religious denomination or of any group within or section of such caste. Tribe or religious denomination; (ii) all railway servants of the same class must be eligible for membership; (iii) it must be registered under the Indian Trade Unions Act. Note. For the   purpose of condition (i) above, gazetted and non-gazetted ranks are considered separate and distinct classes and as such it is not permissible for a gazetted railway servant to join an Association, of the non-gazetted railway servants, i.e., a Railway Union. When a non-gazetted rank railway servant is promoted to gazetted either in an officiating or permanent capacity he should as a rule resign his membership of the Union to which he belonged while in non-gazetted service. If, however, the officer con cerned satisfies the General Manager or the Chief Administrative Officer, as the case may be, that by such resignation he will lose financially or otherwise under any beneficent scheme organised by the unions concerned, such as death, accident insurance, etc., he may be permitted to continue as member but not as office bearer or representative of the Union. The responsibility for satisfying the General Manager or the Chief Administrative Office in this respect will rest with the officer concerned.    2513. Government may require the regular submission of copies of the rules of any recognised association, of its annual accounts and of  its list of members. 2514. No recognised association shall maintain a political fund except with the general or special sanction of Government, and subject to such conditions as Government may impose. 2515. Government may specify the channel through which representations from recognised associations shall be submitted and the authority by whom deputation may be received. 2516. The officer who is empowered to grant leave to a railway servant will, so far as is possible, grant casual leave to a railway servant who is a representative of a recognised association to attend duly constituted meetings of the association. The grant of such leave will be subject to the exigencies of the service, or which the officer in question shall be the sole judge.     Note. The Unions and their Branches should not correspond with the Railway Board direct and such references should be appropriately addressed to the authorities of the Railways concerned 2517. Government may delegate any of its powers under the preceding rules to any authority subordinate to it. 2518. These rules supersede all previous rule, in respect of all associations to which they are applicable. PART C Conditions precedent to the recognition of a Union by a Railway Administration (1) That the Union is registered under the Indian Trade Unions Act, 1926 (XVI of 1926). (2) That the Union agree that all representations from them must be through the Central Executive Committee to the General Manager and representations from branches of the Union must also be made only through the Central Executive Committee. It will however, be open to the Railway Administration by agreement with the Union to arrange for matters relating exclusively to one department to be referred direct to the head of that department and for matters of purely local interest to be referred by a branch of the Union to a Divisional or District Officer for discussion. (3) That the Union agrees that Leave. Passes and Privilege Ticket Orders admissible under the rules to a railway servant will be allowed to him for attending meetings or conducting the affairs of the Union, at the convenience of the Administration. Special passes and special casual leave will be allowed to members of any delegation called to interview the head of the Administration: the casual leave and passes in the latter case not counting against the annual casual leave and privilege passes admissible to the railway servant under the rules. Special passes to Union officials (whether outsiders or railway servants) available over the Home line only may also be allowed to enable them to attend union meetings subject to a maximum number of passes per annum as prescribed by the competent authority from time to time, for a certain number of the officials of each Union, such number being fixed by the Railway Administration. Railway servants when granted these special passes as Union officials will be allowed special casual leave also. Note-The pass issued under this rule will be of the 2 nd class or above. The President of a recognised union may be issued a 1st Class pass at the discretion of the General Manager or the Chief Administrative officer. First Class Passes available over Home Line only may, however, be given at the discretion of the General Managers to the Presidents of recognised Unions, who are not railway servants. (4) That the rules of the Union, subject to such modifications as may be mutually agreed between the Administration and the Union, shall be as follows: (1) The name of the Trade Union is..hereinafter referred to as the Union. (2) The headquarters of the Union are at............ The objects of the Union are as defined in or permissible under the Indian Trade Union Act, 1926. (3) (4) The supreme government of the Union vests in the general body of the members of the Union and is to be exercised in the manner hereinafter prescribed. TOP (5) The general body of the members of the Union shall comprise:- (i) The annual general meeting. (ii) Any other general meeting convened and constituted in the manner prescribed for the annual general meeting. Note:- Where it is not practicable to arrange for a General meeting to be convened for the discussion and disposal of any definite issue, the point may be referred to all the members of the Union for balloting in the manner hereinafter prescribed. Any question relating to the withdrawal of labour must invariably be submitted for balloting. (6) Annual General Meeting The annual general meeting shall be held as soon as practicable after the completion of the annual auditing of the accounts. (a) (b) Notice of the date, time and place of the annual, general meeting shall be given by the General Secretary at 1east a fortnight before the date fixed for the meeting by the distribution of handbills and the pasting up of notice in the Central and Branch offices of the union. Such notices shall also contain particulars of the business to be transacted at the meeting. Similar notices may also be published in the Press. (c) The office-bearers, i.e., the members of the Central Executive Committee of the Union and delegates elected at a meeting of the branch from each branch at the rate of one delegate for every members or part thereof shall constitute the annual general meeting of the union. Such delegates shall also represent their respective branches at any other general meeting of the Union. Such delegates shall also represent their- respective branches at any other general meeting of the union. Such delegates shall also represent their respective branches at any other general meeting of the Union during the succeeding  twelve months or till such time not exceeding fifteen months, from the date of the last general election. (d) A general meeting other than the annual general meeting may be convened whenever the Central Executive Committee deems it necessary and must be so convened on receipt of a requisition signed by ten per cent of the member of the Union. (7) Ballotting When it is decided by the Central Executive Committee that a ballot of the members shall be taken notice thereof shall be   given in the manner prescribed for the annual general meeting. The procedure for taking the ballot shall be prescribed by the committee according to the circumstances of each case, provided that the arrangements prescribed ensure secrecy and facility for voting for all members. When such ballot is in connection with a proposal for the Withdrawal of labour, no action shall be taken on the proposal unless there is a three-fourths majority in support of it, and provided further that the total number of votes recorded at the ballot is not less than fifty-one per cent of   the number of members in the union. (8) Branches of the union may be opened as and when considered necessary by the Central Executive Committee who shall prescribe the rules for the establishment and conduct of such branches consistent with the rules applicable for the supreme government of the Union. (9) Subject to the control of the general body of members there shall be a Central Executive committee at the headquarters of (a) the Union for the general management of the affairs of the union constituted as follows: (i) The President of the Union. (ii) Not more than two Vice-Presidents. (iii) The General Secretary. (iv) An Assistant Secretary or a Joint General Secretary. (v) The Treasurer. (vi) The Branch Secretary of each of the branch of the Union. (vii) A representative elected by each branch for every...... members or part thereof of the   said branch. (b) The powers of the Central Executive Committee, with regard to the general management of the affairs of the Union, shall include the right of suspending or removing from the Union any office-bearer or member thereof provided that (i) The matter has been specifically included in the agenda for the meeting of the Committee, and (ii) The decision for suspension or removal is arrived at by a three-fourth majority of those present at the meeting. A person so suspended or removed shall have the right of appeal to a general meeting whose decision shall be final. (10) a) Subject to the provisions of Section 22 of the Indian Trade Unions Act, 1926, persons holding the offices referred to in Clauses (i) to (v) of Rule 9 (a) need not necessarily be railway servants. They shall be elected at the annual general meeting and shall ordinarily hold office for one year or until the next annual general meeting. (b) Office-bearers and representatives under clauses (vi) and (vii) of Rule 9(a) shall be elected from those ordinary members of the union who have attained the age of twenty one years. (11) Quorum for meetings (a) The quorum for a meeting of the Central Executive Committee shall be thirty percent cent of the number constituting the committee. (b) The quorum for a general meeting shall be twenty per cent of the total number of delegates elected to represent branches at such a meeting. (12) Accounts (a) The purposes for which the general funds of the Union shall be applicable are those prescribed in section 15 of the Indian Trade Unions Act 1926. (b) The responsibility for the safe custody of the moneys of the Union shall vest in the Central Executive Committee. The funds shall, if not invested in trustee securities, be deposited in one of the Scheduled Banks or in the Post Office Savings Bank. If deposited in a Scheduled Bank, they may be withdrawn therefrom as required by cheques signed by the Treasurer and either the President or the General Secretary. (c) The accounts shall be maintained and audited by a qualified person, in the manner prescribed by the Indian Trade Union Act, 1926. (d) The accounts of the Union shall be open for inspection during the office hours of the Union on not less than seven days notice given in writing by any member or officer of the Union or by any person deputed for this purpose by the Railway Administration. Copies of the annual accounts and of the annual report of the Union will be submitted to the Railway Administration. (13) Membership (a) All servants of the..railway shall be entitled to become ordinary members of the union on their signing an agreement to the effect that they will abide by the rules of the Union and on payment of the subscription due Under the rules. The rate of subscription shall be as follows- (b) An ordinary member or the Union shall cease to be a member if his subscription to the union is in arrears for more than three months from the end of the period to which such subscription relates, or when he ceases to be a servant of the....... railway. (c) The Central executive Committee shall have the power to refuse admission as a member to any railway servant without assigning any reason,, but such person may appeal to a general meeting of the Union within a period of six months from the date on which he was advised of this refusal. (d) The register of members, both and ordinary and honorary, shall be open for inspection during the office hours of the union on not less than seven days' notice given in writing by any member or officer of the Union or by any person deputed for this purpose by the Railway Administration. (14) Subject to the provisions of section 22 of the Indian Trade Unions Act, 1926,     the Central Executive Committee shall have power to admit, in the interests of the union, as an honorary member any person who is not a railway servant, provided he is selected to hold one of the offices referred to in Clauses (i) to (v) of Rule 9(a). (15) lteration of rules and dissolution of union.- The rules of the Union may be amended, varied or rescinded, and the Union may be dissolved on a decision taken by a three fourths majority at a general meeting called for the purpose. The general meeting shall arrange for the purpose. The general meeting shall arrange for the proper disposal of the assets and liabilities of the Union when the dissolution of the Union has been registered. Top