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Wednesday 21 September 2016

CENTRAL CIVIL SERVICES (RECOGNITION OF SERVICE ASSOCIATIONS) RULES, 1993

                                    No. 2/10/80/-JCA
CENTRAL CIVIL SERVICES (RECOGNITION OF SERVICE ASSOCIATIONS)
RULES, 1993
MINISTRY OF PERSONNEL , PUBLIC GRIEVANCES & PENSIONS
( Department of Personnel & Training )
NOTIFICATION
New Delhi, the 5th November, 1993
G.S.R. 689(E).-In exercise of the powers conferred by the proviso to article 309
and clause (5) of article 148 of the Constitution, after consultation with the
Comptroller and Auditor General in relation to persons serving in the Indian
Audit and Accounts Department, and in supersession of the Central Civil
Services (Recognition of Service Associations) Rules, 1959 except as
respects things done or omitted to be done before such supersession, the
President hereby makes the following rules, namely :
1. Short title and commencement : (1) These rules may be called the
Central Civil Services (Recognition of Service Associations) Rules, 1993.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. Definition : In these rules, unless the context otherwise requires, -
a. "Government" means the Central Government.
b. "Government servant" means any person to whom the Central Civil
Services (Conduct) Rules, 1964, apply.
3. Application : These rules shall apply to Service Associations of all
Government servants including civilian Government servants in the Defence
Services but shall not apply to industrial employees of the Ministry of
Railways and workers employed in Defence Installations of Ministry of
Defence for whom separate Rules of Recognition exist.
4. Service Associations already recognized : A Service Association or a
Federation which has been recognized by the Government before the
commencement of these rules and in respect of which the recognition is
subsisting at such commencement, shall continue to be so recognized for a
period of one year from such commencement or till the date on which the
recognition is withdrawn, whichever is earlier.
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5. Conditions for recognition of Service Associations : A Service
Association which fulfills the following conditions may be recognized by the
Government, namely :-
a. An application for recognition of Service Association has been made to
the Government containing Memorandum of Association, Constitution,
Bye-laws of the Association, Names of Office-Bearers, total membership
and any 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 a distinct
category of Government servants having common interest, all such
Government servants' being eligible for member-ship of the Service
Association;
d. (i) The Association re-presents mini-mum 35 per cent of total number
of a category of employees 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 per cent may be recognized if it commands at least 15 per cent
member-ship;
(ii) The member -ship of the Government servant shall be
automatically discontinued on his ceasing to belong to such
category;
e. Government employees who are in service shall be members or office
bearers of the Service Association;
f. the Service Association shall not be formed to represent the interests, or
on the basis, of any caste, tribe or religious denomination or of any
group within or section of such caste, tribe or religious denomination;
g• the Executive of the Service Association has been appointed from
amongst the members only; and
h. the funds of the Service 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 Service
Association.
6. Conditions subject to which recognition is continued : Every Service
Association recognized under these Rules shall comply with the following
conditions, namely :-
a. the Service Association shall not send any representation or deputation
except in connection with a matter which is of common interest to
members of the Service Association.
b. the Service Association shall not espouse or support the cause of
individual Government Servants relating to service matters;
C. the Service Association shall not maintain any political fund or lend itself
to the propagation of the views of any political party or a member of
such party;
d. all representations by the Service Association shall be submitted
through proper channel and shall be addressed to the Secretary to the
Government/Head of the Orgnisation 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
general annual meeting so as to reach the Government before the 1 st day
of July each year.
f. The Service Association shall abide by, and comply with all the
provisions of its constitution/by-laws;
J. Any amendment in the constitution/by-laws of the Service Associations,
after its recognition under these Rules, shall be made only with the prior
approval of the Government;
h. The Service Association shall not start or publish any periodical,
magazine or bulletin without the previous approval of the Government;
i. The Service 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 pre-judicial to the interests of the Central
Government, the Government of any State or any Government authority,
or to good relations between the Government of India and the
Government of India and the Government of a foreign state;
the Service 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 Service Association shall not do any act or assist in the doing of any
act which, if done by a Government servant, would contravene any or the
provisions of the Central Civil Services (Conduct) Rules, 1964; and
I. Communications addressed by the Service Association or by any officehttp://
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J.
No
bearer on its behalf to the Government or a Government authority shall
not contain any disrespectful or improper language.
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7. Verification of membership : (1) The verification of membership for the
purpose of recognition of a Service 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 Service
Association does not have the membership required under sub-clause (i) of
clause (d) of rule 5.
8. Withdrawal of Recognition : If, in the opinion of the Government, a
Service Association recognized under these rules has failed to comply with
any of the conditions set out in rule 5 or rule 6 or rule 7 the Government may
after giving an opportunity to the Service Association to present its case,
withdraw the recognition accorded to such Association.
9. 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 Service Association.
10. Interpretation : If any 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.
[ F.No. 2/10/80-JCA (Vol.IV)]
J.S. Mathur, Jt. Secy.
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