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CONSTIUTION OF THE INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Regd. No. 1329, at Delhi, Under Indian Trade Union Act, 1926)
(Central Hd. Qtrs.- 32 Phase 6, Mohali, Chandigarh-160055) Amended up to 11th December 2011
1. Name:- The name of the association shall be “Indian Railways Technical Supervisors Association” (Hence forth termed as Association).
2. a) Registered Office:- The registered office of the Association shall be at Delhi 2. b) Central Office:- The Central Office of the Association shall be at Chandigarh. For the present, it shall be at: 32, Phase- 6, Mohali, Chandigarh-160055.
3. Aims and objective:-
a) To promote brotherhood and spirit of cooperation between the members.
b) To organise and unite the Technical Supervisors of India Railways, and to strive for their betterment, though constitutional means and to regulate their relations with the employer.
c) To expand and improve the technical knowledge of the members though papers, periodicals, seminars, lectures and to technical tours.
d) To cooperate, federate or affiliate with any others organisation having similar aims and objectives, both inside and outside the country.
4. Limitations:- The Association shall be non-political in nature.
5. Membership and composition
a) Composition: The Association shall be composed of:
(i) Units/Zones and
(ii) Sub Units.
(i) Units / Zones: There shall be 22 Units / Zones of the Association i.e. (all 16) Zonal Railways and six (6) production Units i.e. Eastern Railways, Southern Railways, South Central Railways, North Eastern Railways, North East Frontier Railways, Northern Railway, Western Railways, South Eastern Railways, Central Railways, East Coast Railway, South Western Railway, West Central Railway, North Central Railway, South East Central Railway, Diesel Locomotive Works (Varanasi), Chittaranjan Locomotive Works (Chittaranjan), Integral Coach Factory (Madras / Chennai), Rail Coach Factory (Kapurthala), Wheel and Axle Plant (Bangalore), and Diesel Component Works (Patiala)-shall each from a Unit/Zone. Division: Each Division of the Railways shall comprise a Division of the Association.
(ii) Sub–Units / Branch: Each Unit / Zone shall consist of number of Sub-Units / Branches consisting of workshops, sheds, depots and main /(Head) offices etc. having a concentration of 20 members or above.
b) Membership: The membership shall comprise of:
i) Ordinary membership: The Ordinary membership of the Association shall comprise of all the Technical Supervisors / Engineers working on India Railways in various department-including Electrical, Mechanical, Civil Engineering, Signal & Telecommunication, Chemical & Metallurgical Laboratories & Store Departments, Technical Schools and Training Centers, Printing Presses, Clothing Factories, Drawing & Design Offices etc. (Including Junior Engineers, Section Engineers & Senior Section Engineers, Lecturers, Senior & Chief Instructors, Senior Inspectors, Apprentice Mechanics, Trainee JEs, C.M.T. (Chemical & Metallurgical) & Depot Material Superintendent - including those whose posts are interchangeable with all of them),
ii) Honorary Members: Persons not eligible to become Ordinary Members, may be admitted as Honorary Members of the Association, Subject to the provisions of the Trade Unions Act., and may be elected as Office Bearers, within the Limitation of the Trade Unions Act - 1926.
6. Organisational Set Up:- Following will be the Organisational set up of the Association:-
(a) Central General Body.
(d) Units / Zonal Executive Committee.
(b) Central Executive Committee.
(e) Sub-Units General Body
(c) Unit / Zonal General Body.
(f) Sub-Units Executive Committee.
(a) Central General Body:- (Henceforth known as C.G.B.)
The C.G.B shall consist of 8 members - including Unit / Zonal Secretary - for a membership upto 500 member from each Unit / Zone and 6 members - including Unit / Zonal Secretary - from each Production Unit for a membership upto 300 members. There shall be one additional member for every 100 additional members from each Unit / Zone. Zonal Secretary shall be Ex-Officio member of C.G.B from respective units which had initially elected the members. (b) Central Executive Committee: (Henceforth Known as C.E.C) The C.E.C shall consist of the following;
President 1
Organising Secretary 22
Working President 1
Central Treasurer 1
Sr. Vice President 4
Asstt. Central Treasurer 1
Vice President 6
Zonal Secretary (Ex-Officio members) 22
General Secretary 1
Members (One from each Unit / Zone) 22
Joint General Secretary 22
Auditor 1
Provided that one shall be a Member of the Association for atleast 3 years before being eligible to be an Office Bearer of C.E.C.
Note:- i) One auditor will be nominated by the C.G.B.
ii) All the Units must be represented in the C.E.C.
iii) General Secretary and Treasurer shall be from one Unit for easy working.
Functions of the C.E.C.:- The C.E.C. shall hold control & administer the property & funds of the Association - with its own resolutions and that of the C.E.C. - within the frame work of the policies adopted by the C.G.B. The members of the C.E.C. will be elected by & out of the C.G.B. and normally be in office till the next election.
(c) Units General Body :- (Henceforth known as U.G.B.)
All the Units shall have their General Body consisting of representatives from each Sub-Units (as per number given in Schedule ‘A’). At an average there will be one representative from every Sub-unit for every 20 members or part thereof. All Sub-unit Secretaries will compulsorily be the members of the U.G.B. Functions of the Units General Body :-
a) To elect members for the C.G.B. & U.E.C. out of itself or by co-opting an Ordinary Members.
(b) To recommend any course of action desired by them or their Sub-Units. 6. d) Units Executive Committee:- (Henceforth Known as U.E.C.) This shall consist of the following:-
1. President One
2. Vice-President Two
3. Unit / Zonal Secretary One
4. Joint Unit / Zonal Secretary Four
5. Treasurer One
6. Members (Secretaries of all Sub-Units shall be Ex-Officio Member of UEC) One from each Sub - Unit
7. Auditor One And or such other Office Bearers as U.G.B. may decide.
Provided that one should be a member of the Association for atleast 2 years before being eligible to be an Office Bearer of UEC. However CEC may waive off this condition. Function of the Units / Zonal Executive Committee:- To implement its own resolutions and those of the C.E.C., C.G.B. & U.G.B. and to run the day to day affairs of the Unit / Zone.
6. e) Sub Units General Body:- (Henceforth known as Sub-U.G.B.) This shall consist of all the members of the Sub-Unit. Function of Sub-U.G.B.:-
i) it will recommend to the Unit General Body, the resolutions passed in its meetings.
ii) It will elect delegates for Units General Body and the Sub-Units Executive Committee.
6. (f) Sub-Units Executive Committee:- (Henceforth known as Sub-U.E.C) This shall consist of the following:-
(i) President-One
(ii) Secretary-One
(iii) Treasurer-One
(iv) Such other officer bearers, as may be found necessary by the Sub-Units General Body, according to its strength and size
(v) Members—according to the strength of the Sub-Unit i.e. One for every twenty Members at an average.
N.B.:- One Auditor will be nominated by the Sub-U.E.C. / Sub-U.G.B.
Functions of Sub-Unit Executive Committee:- To implement its own resolutions and those of the Unit General Body, Unit Executive Committee, Central General Body & Central Executive Committee.
6 (g) Divisional Council:- Each Division will have a Divisional Council comprising of all the Secretaries and Presidents of all branches / Sub Units in the Division.
Functions of the Divisional Council:- The Divisional Council shall look after the functions of the Association in the Division and Execution of the Directives and resolution of the U.G.B./U.E.C. and C.E.C./C.G.B. The Council shall normally meet atleast once in year and elect Divisional Executive Committee.
6 (h) Divisional Executive Committee:- (Henceforth known as D.E.C) The D.E.C shall consist of following:
Divisional President 1
Divisional Vice President 2
Divisional Secretary 1
Joint Divisional Secretary 4
Divisional Organising Secy 4
Divisional Cashier 1
The Divisional Office Bearers will have corresponding functions at the Divisional level ( similar to those of the UEC).
6 (i) Special Committees:- Such committees will be appointed from time to time by the Executive Committee to render a particular service of temporary character. They will ceases to exit as soon as they have performed the assignment given to them and submitted their report thereon. If a committee give an unsatisfactory report, a new committee may be appointed for the purpose.
7. Funds:-
(A) Funds of the Association shall comprise of :-
(1) Subscription.
(2) Donations.
1. Subscription:- (a) Annual subscription for the member shall be Rs.150 per head and will be collected at the Sub-Unit level by 31st March of each year & shall be forwarded to the Unit Treasurer & Central Treasurer respectively latest by 30th June of each year as per clause
7(A)(iii). (i)(b) Life Membership:- Life Membership of the Association shall be Rs.1500 per member and the amount thus collected shall be forwarded & kept in fixed Deposit Account at centre, Unit and Sub Units Level in proportion of the distribution provided in clause 7(a)(1)(iii)
(ii) The amount of Subscription may be increased or decreased according to the necessity of funds required for the purpose with the consultation of Executive Committee; proper notification in this regard will be given to the members by the Central / Unit Executive Committee, at least 10 days before the month of enforcement. But prior to implementation, the amendment shall be sent to Registrar Trade Union, for approval.
(iii) Distribution of Funds:- Annual Subscription of the Association, as provided for in clause 7(A)(1), shall be distributed among the Centre, Units & Sub-Units in the following proportion:-
(a) Centre 50%
(b) Unit 25% (c) Sub-Unit 25 % in case of Zonal Railways,
(b) 60% Centre & 40% Unit in case of Production Units
(iv) It will be the moral duty of all the members to pay their subscription automatically & without being demanded by the Treasure or any other person appointed by the Treasure.
(v) Subscription may be deposited in advance, if a member wishes to do so.
(II) Donations:-
Donation may be collected through the directives of the C.E.C., U.E.C. and Sub-U.E.C. as & when required - with intimation to the C.G.B.
N.B.:- Funds of the Central shall comprise of its share of the subscription received from the Units and the donations as and when collected. Funds of the Units shall comprise of its share of the subscription (after forwarding that of the Center) and the donations, as and when collected.
7. (B) Custody of Funds:- The Funds shall be kept in a scheduled bank approved by the Executive Committee and normally be operated by any two of following three co- depositors:-
(i) President or Vice President,
ii) General Secretary / Unit or Zonal Secretary / Sub-Unit Secretary.
(iii) Treasurer
7. (c) Purpose for which funds of the Association can be used:-
(i) General Administration of the Association and office Expenses which are incurred for the implementation of the resolutions of the Executive Committee, including reasonable traveling and incidental expenses made by the member, on out station trips for the implementation of such resolutions. It shall be a moral binding on the member to curtail such expense thought personal sacrifices without hampering the cause.
(ii) Upkeep of the periodicals published or purchased for the benefit of the members, on technical and other concerned subjects.
(iii) Prosecution or defense of any legal proceedings to which the Association or its member is a party when such prosecution or defense is undertaken to secure the rights of the Association or its members, in the interest and scope of the Association and its resolutions.
(iv) Conduct of trade disputes of the Association or its members.
(D) Authorisation of the funds:-
(i) President of the C.E.C. shall be Authorised to sanction an expenditure for approved items and within the framework of the resolutions of the Central General Body / Executive Committee.
(ii) Imprest: An imprest amount of Rs.20000 each shall be allowed to be kept by the Central President and General Secretary (C.E.C.) and Rs.10000 each by Central Treasurer and Assistant Central Treasurer - to meet with the objectives of the Association and to meet any urgent or day to day expenditure to comply with the Resolutions of CEC & CGB – as per purposes defined in Clause 7 (C) of the Constitution. Unit Secretary & Sub-Unit Secretary shall be allowed to keep an imprest of Rs. 5000 & Rs. 500 respectively for the purpose.
(iii) TA / DA to office bearers and members of the Association for organizational work:- Office Bearers and / or Members deputed / authorized by them for the execution of the work of the Association, shall be authorized to draw TA / DA at the rates decided by C.G.B. from time to time for the period spent by them out of their headquarter, for the Association work, provided no TA / DA is charged from any other source. They shall, however be authorized to charge such conveyance charges as may be actually spent by them for the execution of the Association work.
(E) Financial Year:- The financial year shall start from 1st January and close on 31st December.
(F) Upkeep of Accounts:-
(i) The Central Treasurer shall be responsible for the money received by him by way of Subscriptions or Donations, keep the account of that and put up the same to the C.G.B. after getting it audited.
(ii) The Unit Treasurer shall keep the account of money received by him by way of Subscriptions or Donations, and submit the same annually to the U.G.B., after getting if audited. The accounts shall then be forwarded to the Central Treasurer.
(iii) The Sub-Unit Treasurer shall keep account of money received by him by way of Subscriptions or Donations according to Clause 7(a) & submit the account to Unit & Central Treasurer annually after getting it audited and passed by Sub U.G.B.
8. Duties and Powers of the Office Bearers:-
(a) President: - The President shall represent the Association on all the occasions in conformity with the policy of the C.E.C. & C.G.B. & shall preside over all meetings. In case of emergency he may issue directives subject to the ratifications by C.E.C. or C.G.B. in case of Centre and respective Executive Committees or General bodies-in-case of Units & Sub-Units, within three months. President may nominate any of the Ordinary or Honorary Members to work against the vacancies caused by such Office Bearers, who relinquish or are removed, as per provision of clause 12 (C).
(b) Working President / (Senior) Vice President:- The Working President / (Senior) Vice President shall represent the President, in his absence, in all affairs of the Association (in that order).
(c) General Secretary:- (i) To undertake the implementation & execution of the resolutions & decision of the C.G.B. & C.E.C & to undertake projects for organizational purpose & for implementation / execution of the said resolutions, within the frame work of the Constitution.
(ii) To convene meetings of the C.E.C. & C.G.B.
(iii) To keep minutes of the meeting and also prepare agenda - in consultation with the President.
(iv) To conduct correspondence relating to the Association.p>
(v) To prepare annual report & submit the same to C.G.B.
(vi) To use the funds of the Association in accordance with the Aims & Objects of the Association as desired by C.E.C. for implementation of its resolution and for other legitimate purposes.
(vii) To submit the annual return to, and correspond with the Registrar Trade Unions regarding returns, records & changes etc. as prescribed by the I.T.U. Act, 1926. (d) Joint (General) Secretaries:- Joint (General) Secretaries shall perform the duties of the Secretary / General Secretary in his absence & help the (General) Secretary in performance of his duties.
(e) Organization Secretaries:- Organization Secretaries will help the (General) Secretary in Organization work in the Association.
(f) Treasurer:- He shall receive all funds in the name of the Association & Shall jointly hold an account with (General) Secretary & President / Vice President (operated by any two) in any scheduled bank approved by the Executive Committee. He shall keep accounts and shall offer the same for passing to the President. He shall make the Balance sheet & place it before the C.G.B. after getting it audited.
(g) Unit / Zonal & Sub-Unit Secretary:- The Unit / Zonal & Sub- Unit Secretaries shall look after the Organization of the Association in the respective Units / Sub-Units and will assist the General Secretary in bringing & keeping the Association on firm footing. They will convene the meeting of U.G.B. & U.E.C. (and Sub-U.G.B & Sub-U.E.C respectively) in consultation with the President of the Unit / Sub-Unit & intimation to C.E.C. / General Secretary.
(h) Auditor: - He will audit the accounts atleast once a year and submit report to the President C.E.C. / U.G.B. (in the case of Unit) and Sub-U.G.B. (in case of Sub-Unit). (i) Member: - Members of the C.E.C. shall be elected annually as per provision of clause 6(b) by the C.G.B. Similarly the members of the C.G.B. will be elected by different Unit General Bodies as per provision of Clause 6(a) and those of U.G.B., U.E.C. and Sub-U.E.C. - as per provision of Clause 6(c) , 6(d) and 6(f) respectively.
9. Meetings:-
(a) Quorum:- Quorum for the General Body Meetings / Executives Committee Meetings shall be 1/3rd of their strength.
(b) Any 1/3rd General Body Members can requisition a meeting. In case General Secretary/ Secretary fails to call meetings (with in a reasonable time) the requisitionists shall have the right to hold the meeting and its decision shall be final.
(c) At least on meeting of General Body must be held in year when annual accounts, after having being audited, must be passed.
(d) Notice for meeting:- A notice of one month shall be given for all meeting. The notice will be issued by the General secretary / Secretary in consultation with the President and shall contain the agenda. The President may call an emergency meeting. But it is not incumbent to give on month notice (for the same), although, a reasonable time must be given (at least 7 clear days in case of C.G.B., C.E.C., U.G.B. and U.E.C.)
(e) Any member who is otherwise not attached to the Executive Committee or General Body may attend the meeting as an observer - but he shall not be entitled to vote for any thing.
10. Removal from membership:- (a) By resignation (b) Any member falling in arrears due to him for more than one year. Those arrears may, however, be waived off in special case if the Sub-U.E.C. finds proper to do so, but levy a re-entry fee.
(c) By a special resolution of C.E.C./U.E.C / Sub-U.E.C. in case a member fails to abide by the resolution & decision of the Association. The member may however, appeal to the Unit President & subsequently to the Central President in the regard, who in return may revoke the decision after the issue.
11. Any member who ceases to be a Member due to any of the above reasons, will forfeit his rights to all benefits accorded to a Member. He shall not be entitled to refund of any sum paid by him to the Association.
12. Removal of Office Bearers:-
(a) By resignation.
(b) By a vote of on confidence passed by 1/3rd majority of the total strength or 50 % of the members present, whichever is higher, in an ordinary or special meeting called for the purpose. The notice for such meeting shall be given at least 15 days in advance in the case of C.G.B. & U.G.B. & 7 days in case of Sub-U.G.B.
(c) Office Bearer/ Member of the Sub-Unit Executive Committee may be removed by the Unit President & those of the Unit Executive Committee by the Central President through a special order on the recommendations of the Unit Secretary and the General Secretary respectively if they find sufficient grounds to do so on the following principals:-
(i) Anti-Association activities.
(ii) Disregard of the directives & resolutions of the Association.
(iii) Lack of organizational functioning or non- collection or non - payment of dues. President may, in that case, nominate new Office Bearers / Members to look after, on adhoc basis, the functions of those removed and arrange for a re-election of the Office Bearers, within three months of each removal.
13. Inspector, Audit & List of Members:-
(a) (i) Account book of the Association shall be open for inspection to all members of Central Body.
(ii) Account Books of the Association shall be got audited by competent Auditors to be appointed by the C.E.C. & audit will be done every year after 31st December, in accordance with the provisions of the I.T.U. Act 1926 and the regulations framed there under.
(iii) Accounts of the Units shall be audited by competent Auditors appointed by he Executive Committee, & shall then be sent by 31st January to C.E.C. for final approval.
(iv) Accounts of the Sub-Units shall be audited by competent Auditors appointed by the Executive Committee & shall be submitted by 15th January to U.E.C. for final approval.
13. (b) List of members:- A List of members shall be maintained at Central, Units and Sub-Units levels and the same shall be open for inspection by the Officers Bearers and Members of the Association.
14. Decisions:- All decision in the meeting shall be taken in the form of resolutions, voting will be by show of hands and the decision of the Chairman will be final regarding the result of voting . The decision shall not be called to question in any way by any one.
15. Amendments: - Any amendments of the exiting rules shall be carried out by 2/3rd members present and voting in meeting of Central General Body Specially called for the purposes. The amendments after passing shall be sent to Registrar Trade Union, within 16 days and shall not be implemented till his approval.
16. Dissolution of the Association:- It shall be dissolved if:- (i) 2/3rd majority of the C.G.B, in a special meeting, so resolves. (ii) Membership falls below twenty. In case of dissolution, the Central Executive Committee will decide the disposal of assets and liabilities of the Association.
17. Bye-Laws: - The C.G.B. will be authorized to frame the Bye Laws of the Association, which it deems necessary to enforce in the general interest of the Members and the Association. These Bye- Laws must be consistent with the general principles set forth in the Constitution.
18. The Association shall abide by the code of discipline.
GENERAL SECRETARY
Indian Railways Technical Supervisors Association
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