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Courtesy : The Pioneer, 15.10.2020
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Constitution of Central Govt. Employees and Workers (Amended up to February 2020 - Nagpur National Conference)
CONSTITUTION
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES & WORKERS
CONSTITUTION
(Amended up to February 2020
Nagpur National Conference)
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES & WORKERS
Central Headquarters
1st Floor, North Avenue Post Office Building, New Delhi- 110 001.
CONSTITUTION
(This constitution was adopted by the National Council of the Confederation held at Calcutta on 13th and 14th September, 1958 and amended further by the National Council held in 1983 and the National Council meetings held in Delhi in 2003 and again in Thiruvananthapuram on 1st and 2nd September 2006 and then on 5th & 6th December 2009 at New Delhi and 16th to 18th August 2016 National Conference held at Chennai and 7th & 8th February 2020 National Conference held at Nagpur.)
1. The name of the Confederation shall be “Confederation of Central Government Employees and Workers”.
2. Aims and objects: The object for which the Confederation is established are:-
(a) To unite the entire Central Government employees Unions, Associations, Federations under the aegis of the Confederation hereinafter referred to as “Confederation”;
(b) To ensure the framing of Labour legislation which will guarantee the growth of trade unions and grant of fundamental rights of unionism without discrimination between Government and non-Government labour.
(c) To safeguard and promote the interest of all workers in the Central Govt. Services and Central Autonomous bodies and to co-ordinate the activities of their Unions/Associations/Federations.
(d) To publish one or more journals on behalf of the Confederation.
(e) To do all such things as are incidental or conducive to the attainment of the above objects or any of them.
3. The Central Headquarters of the Confederation shall be at New Delhi.
4. Composition:
(a) The Membership of the Confederation shall be open to all Unions and Associations, Federations of Central Government employees and workers and the Associations, Federations, Unions of those Central autonomous bodies, which follow the Central Government rules and regulations and service conditions.
(b) Membership register: Membership register shall be maintained by the CHQ of the Confederation. The register shall be made available for inspection for any office bearer/member union of the Confederation and by the Inspector deputed by the Registrar of Trade Unions for such purposes.
(c) Conditions of benefit: All members of the affiliated Unions shall be entitled to the benefit provided by the Confederation as soon as they join the Confederation. No member of the affiliated unions whose name has been struck off from the register of membership under the provisions of the Constitution shall be entitled to the benefit of the Constitution.
(d) Forfeiture of rights: All affiliated Unions which are in arrears of subscription and not paid the quota continuously for two years shall forfeit the rights and privileges of membership at the discretion of the National Executive.
5. Affiliation:
(a) Any Central Government Employees Union or Association or Federation and any unions, Associations, or Federations of the autonomous bodies of the type mentioned in clause (a) of Article 4 and which is organised on a national basis shall be eligible to be affiliated with the Confederation on application in the form prescribed expressing agreement to abide by the Constitution of the Confederation.
(b) The State Committee of the Confederation may be eligible for affiliation subject to the provision made in Part II herein.
6. Affiliation fees:
A fee of Rs.100 shall accompany the application for affiliation.
7. Subscription
Every affiliated Federation/Union/Association shall pay an annual subscription at the rate of Rs.2/- (Rs.Two only) per member of the affiliated Federations/Unions/Associations to the Confederation CHQ within the financial year or with such extended period as decided by the National Executive.
The subscription shall be payable within 3 months from the end of the financial year failing which the certificate of affiliation shall be rescinded.
8. Management:
The Management of the Confederation shall be vested in the following bodies:-
(a) The National Conference, which shall meet once in three years. In exceptional Circumstances, the tenure may be extended by three months by the National executive.
(b) The National Council, which shall meet once in a year.
(c) The National Executive which shall meet at least once in six months.
(d) The National Secretariat (which shall consist of office bearers) shall meet as frequently as considered necessary ( with even the available members at the CHQ and those who can attend the meeting at short notice) to discuss important and urgent matters.
9. Composition of National Conference, National Council, National Executive and National Secretariat of Confederation:
A. National Conference.
The National Conference shall consist (a) Office bearers, (National Secretariat members), (b) National Executive Committee members (c) National Council members (d) delegates elected and nominated by the affiliates on the basis of the strength of membership as specified hereunder:-
a) Strength of membership No. of delegates
b) Up to 250 1
c) From 251 to 500 2
d) From 501 to 1000 3
e) From 1001 to 5000 4
f) From 5001 to 10000 6
g) From 10001 to 20000 8
h) From 20001 to 50000 12
i) For every 10000 members exceeding 50,000 one additional delegate for every 10,000 members subject to a maximum of 20.
NOTE : The National Secretariat is empowered to permit the State Committees of the Confederation /affiliated Associations/Federations to depute observers to the National Conference.
B. National Council,
The National Council shall consist of
(a) Office bearers (i.e Members of the National Secretariat)
(b) National Executive Committee members
(c) The Chief Executives (The General Secretaries or Secretary Generals as the case may be) of all its affiliated Associations/Unions (in the case of NFPE, the chief executives of all its affiliated Unions/Associations. viz, Postal 3, postal 4, RMS 3, RMS 4 and Postal Administrative union, Postal Accounts Employees Association, SBCO Employees Association, Civil Wing Employees Association and AIPEU GDS).
(d) The Secretaries of all State Committees.
C. National Executive Committee
The National Executive shall consist of
(a) Office bearers (i.e. members of the National Secretariat)
(b) One member nominated by the affiliated Associations/Unions/Federations having paid up membership of more than 3000 and who are not represented in the National Secretariat as an office bearer.
D. National Secretariat
The National Secretariat shall consist of the elected office bearers. In addition, the office bearers of the Women’s Sub Committee of Confederation (only office bearers and not committee members) shall be special invitees to the National Secretariat meeting.
10. Powers and duties.
A. National Conference. The National Conference shall be the supreme body of the Confederation and shall have absolute control over the affairs and property of the Confederation apart from the following powers.
(a) to elect office bearers listed in Article 13.
(b) to consider and adopt the trennial report and accounts of the confederation.
(c) to adopt Budget estimates of the Confederation.
(d) to effect or rectify changes in the constitution of the Confederation by decisions taken by the 2/3rd majority of the repreentatives assembled at the National Conference.
(e) to decide all question on policy
(f) to act as a final court of appeal against the suspension of any office bearers.
B. National Council. It shall review the activities and functions of the National executive and shall take such decisions as are necessary but not inconsistent with the directive policies and decisions taken by the National conference. The decisions of the National Council will be binding on the National Executive.
C. National Executive. In between the sessions of the National Conference/ National Council, the National Executive shall exercise all powers of the National Conference except as those specified in clauses (a) to (d) of article 10. It shall however be competent to take decision on all matters not contrary to the decision of the National Conference and the National Council. It shall have the powers to fill up the vacancies of the office bearers.
D. National Secretariat. It will decide upon the steps to be taken to act upon the decisions of the National Executive. National Council and the National Conference. In between the two sessions of the National Executive, the National Secretariat shall exercise the powers and functions of the National Executive.
11. Powers and duties of Office bearers. (Members of the National Secretariat)
The office bearers shall be responsible to the National Conference, National Council and National Executive. The President shall preside over the meeting of the National Conference, National Council, National Executive and National Secretariat and exercise general supervision over the work of the Confederation. The working President shall assist the President and shalll act as President as and when the President asks him to do so, Vice presidents shall perform the duties of the Working President or the President in the absence of working President and President and shall assist them, in their work and one of them shall preside over the meeting in their absence. Secretary General shall be the chief executive officer of the Confederation. He shall conduct correspondence with all concerned, sign papers, maintain minutes books and shall perform all functions attached to the post. He shall also be the editor of the journal/journals published by the confederation. Secretary shall assist the Secretary General and work under him. The Assistant secretaries will carry out the functions assigned to them by the Secretariat from time to time and shall also assist the Secretary General and the Secretary. They shall also perform the duties of the Secretary General, Secretary in their absence. Financial Secretary shall be responsible for the funds of the Confederation and receive all fees, moneys and contributions on behalf of the Confederation and grant receipts. He shall be responsible for the proper maintenance of accounts of the Confederation. Organising Secretaries shall assist the Secretary General in Organisational matters and shall perform specific duties assigned by the Secretariat or the Secretary General.
12. Voting in the Managing bodies.
Each delegate/Councillor or member as the case may be shall have one vote.
13. Election:
(a) The delegate/Councillor/Member of the Executive shall be elected or nominated by the respective affiliated units/State Committees of the Confederation in such a manner as they may deem fit.
(b) The National Secretariat (Office bearers): The following Office bearers (members of the National Secretariat) shall be elected from among the delegates attending the National Conference in a democratic manner.
1. One President
2. One working President
3. Five Vice Presidents
4. One Secretary General
5. One Secretary
6. One Finance Secretary
7. Five Assistant Secretaries
8. Eighteen Organizing Secretaries.
In addition, the office bearers of women’s sub committee of confederation (only office bearers and not committee members) shall be special invitees to the National Secretariat meetings.
14. Expenses of Delegates/Councillors/Executive Committee Members:
The expenses of the delegate/Councillors/NE members/office bearers, other than the President and Secretary General shall be borne by the respective affiliates/State Committees of which he is a primary member. The expenses of the President and Secretary General will be met out of the funds of the Confederation. The Secretariat is empowered to authorize meeting the expenses of any office bearers on exceptional circumstances..
15. Tenure of Office:
All office bearers and members of the National Executive shall hold office till the next conference.
16. Auditor
The Auditor shall be nominated by the National Council and shall not be an office bearer and shall audit the accounts of the Confederation.
17. Notice of meetings
(a) Notice of the meeting of the National Conference shall be served atleast 30 days before the date thereof and notice of the National Council shall be served atleast 15 days in advance. In case of an emergency meeting, the notice period may be reduced by half.
(b) The notice of the meetings shall be served only to the affiliated units and not to the National Councilors/Delegates individually except in the case of office bearers (members of the National Secretariat) for whom the notice will be served individually.
(c) The Secretary General in Consultation with the President and working President may invite representatives of the Unions/Associations/Federations (Whether affiliated or not) and the Secretaries of the State Committees on certain occasions when their presence is considered necessary and essential in the deliberations of the National Executive.
18. Quorum
(a) The quorum of a meeting of the National Conference shall be one fourth of its strength.
(b) The quorum of a meeting of the National council shall be one third of its strength
(c) The quorum of a meeting of the National Executive and National Secretariat shall be one third of its strength.
19. Requisition meeting: A requisition meeting of the National Executive shall be convened, if six members of the National Executive other than the members of the National Secretariat give notice for the same.
20. Funds : The funds of the Confederation shall be deposited in a scheduled bank or in Post Offices and operated jointly by any two from among the President, Secretary General and Finance Secretary and shall be applicable for the purpose of (a) payment of salaries and allowances and expenses to the office bearers and to the representatives of the Confederation subject to clause 14 of the Constitution. (b) payment of expenses of maintaining the office administration and management including the audit of accounts of the Confederation (c) compensation for and or reimbursement of losses in Pay and Allowances sustained by any office bearers or any representative of the Union in the interest of the Confederation subject to clause 14 of the Constitution. (d) upkeep of a journal or journals or bullettins published by the Confederation (e) payment in furtherance of any of the aims and objectives of the Confederation.
21. Indemnification. All office bearers, representatives and employees of the Confederation shall be indemnified of the funds of the Confederation against all liabilities incurred by him as office bearer or employees in defending any proceedings whether civil or criminal or to which he has become liable in carrying out instructions given to him by the Confederation.
22. Changes in the Constitution. No amendment to the Constitution shall be carried except by 75% of delegates present in the National Conference voting in favour of amendment(s) at the National Conference.
23. State/District/City committees. State/District/City committees may be formed of all unions in such a manner as may be decided by National Executive in conformity with the provisions made in part II herein
24. Dissolution of the Confederation. The Confederation shall be dissolved by a vote in favour of dissolution of three fourth of the voting strength of the affiliated Unions/Associations/Federations.
25. Bye laws : The National Council or the National Executive in between the sessions of the National Conference shall have the powers to frame bye laws not inconsistent with the provisions of this Constitution.
26. Financial Year: The financial year shall be from 1st April to 31 st March
PART- II
1. The State Committees shall be formed at State levels consisiting of Unions/Associations/Federations of Central Government Employees and workers and Central autonomous bodies, hereinafter called the State Committee of the Confederation of Central Government employees and workers.
2. The office of the State Committees shall be located at the State capital.
3. The State Committees shall have power to frame rules to suit the local conditions but not inconsistent with articles of the Constitution of the Confederation.
4. The State/District/City/Town Committees shall faithfully carry out the directives of the Confederation and shall refrain from chalking out separate programmes on issues, which are already under the purview of the Confederation without prior intimation.
5. The State/District/City/Town Committees shall collect subscriptions from the members of the affiliatted units and remit a portion of the same to the CHQ at the rate decided by the National Conference/National Council/Executive from time to time.
6. Each State Committee shall have five associate councillors in the National Conference and National Council who shall have the right to participate in the deliberation and other activities of the National Conference and National Council but shall not have the right to vote. The Secretary of each of the State COC shall be the Delegate to the National Conference and shall also be the member of the National Council and shall have the right to vote as a Delegate/Councillor.
7. Each State Committee of the Confederation of Central Government employees and workers shall remit Rs. 1000 per annum to be eligible for sending the State Secretary as delegate to the National Conference. For every additional one thousand rupees remitted per annum subject to a maximum of Rs.5000 per annum the State Committee shall be eligible to depute one associated member for every additional one thousand rupees remitted.
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