ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS ASSOCIATION, BIHAR AND JHARKHAND UNIT: CONSTITUTION

CONSTITUTION OF

ALL INDIA CENTRAL EXCISE & SERVICE TAX

MINISTERIAL OFFICERS’ ASSOCIATION,

BIHAR & JHARKHAND UNIT

PREAMBLE : The Association “ALL INDIA CENTRAL EXCISE & SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION, BIHAR & JHARKHAND UNIT” is constituted with aim to maintain integrity among the entire cadre of the Association and contains the service interest and further service prospects of its members.

PART-I

ARTICLE-I

SCOPE: i) The AICESTMOA, Bihar & Jharkhand consists of all cadres of Ministerial Officers in the Central Excise, Service Tax & Customs Department located in the state of Bihar & Jharkhand viz. L.D.C, Tax Assistant, Senior Tax Assistant/ Executive Assistant. Such grades which may be created in future and denoted as Ministerial by way of registration or creating in the existing Cadre by the authorities shall also be included.

ii) The membership of the AICESTMOA, Bihar & Jharkhand Shall be restricted to only a distinct category i.e. Ministerial Staff/ Officer.

iii) AICESTMOA, Bihar & Jharkhand shall represent the entire sanctioned/working strength of Ministerial as falling under the jurisdiction of Commissionrate’s of Central Excise, Service Tax, Audit, Appeal & Customs of Bihar & Jharkhand.

OFFICIAL YEAR: The Official year of the Association shall commence on the 1^st January, of each year and shall terminate on 31^st December of the year.

ARTICLE-II

AIMS & OBJECTIVES: Shall be

(a) To promote and safeguard the interests, rights and privileges of the Ministerial Officers posted at the Commissionerate of Central Excise, Service Tax, Audit, Appeal & Customs situated in the state of Bihar & Jharkhand.

(b) To seek redress of the grievances of its members which are brought to the notice of AICESTMOA, Bihar & Jharkhand in a peaceful manners.

(d) To develop a sense of patriotism and loyalty to the Nation, Constitution of Union of India and the Government.

(e) To elevate and advance the cause of socio-economic well-being of its members.

(f) To help department, the Association shall strive to educate the members to discharge their duties and responsibilities with sincerity and integrity.

(g) To co-operate and support the Government for its smooth and efficient functioning.

(h) Any other Aims not enumerated above which may at any time in future, necessitate its or their inclusion subject to the provision that it is or they are in no way shall be opposed to the aims and objective as set forth at (a) to (g),shall be included with the consent of 2/3^rd members present in the Committee meeting.

JURISDICTION: Shall comprise Jurisdiction under the various Commissionerates of Central Excise, Service Tax, Audit, Appeal& Customs located in the state of Bihar & Jharkhand.

OATH: Code of conduct of Office bearers and members of the Association shall take an oath as follows:-

“I shall maintain absolute integrity and maintain devotion to duty towards the working of the Association and Federation and shall not do anything detrimental to the interest of the Association (So help me God.)”

PART-II

BYE LAWS OF AICESTMOA :BIHAR& JHARKHAND

Article –I: The name of the Association shall be “ALL INDIA CENTRAL EXCISE &SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION, BIHAR & JHARKHAND UNIT””, hereinafter referred to as AICESTMOA, BIHAR & JHARKHAND.

Hdqrs. : The Office & Hdqrs. of the Association shall be follows.

“ALL INDIA CENTRAL EXCISE &SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION, BIHAR & JHARKHAND UNIT”,

GROUND FLOOR, CENTRAL REVENUE BUILDING (ANNEXE),

BIR CHAND PATEL PATH, PATNA - 800001

The Association shall be affiliated to the All India Central Excise Ministerial Officers Federation. Central Committee in the staff interest reserves that right to seek affiliation of any Employee Organization of State Level, subject to the ratification by staff members.

Article-II

1) To promote and safeguard the common service interests of the members of the Association.

2) To foster the spirits of camaraderie, self-respect, dignity and fellowship amongst the members and also with the members of other similar Federation/Association/Unions.

3) To develop sense of patriotism and loyalty amongst the staff towards the country, its constitution and the Government.

4) To ventilate and secure the redressal of the grievances of the members and settlement of differences and disputes by constitutional, democratic and peaceful means.

5) To elevate and advance the cause of socio-economic well-being of its members.

6) To render efficient service to the Nation.

7) To do such other acts which are conducive in fulfillment and progress of the above objectives.

Article III

A) MEMBERSHIP: Every Ministerial Officers of Central Excise, Service tax, Audit, Appeal & Customs of all the Commissionerates situated in the state of Bihar & Jharkhand are eligible for membership of the Association. He shall be involved as member on payment of subscription of the Association and shall become eligible privileged of such membership and liable to discipline of the Association in the matters pertaining to his conduct as a member. He shall apply for membership, declare/undertake in a proper form (Annexure-I) and shall submit the same to the concerned Secretary/ Committee Members of AICESTMOA, Bihar & Jharkhand. He shall be liable to pay all dues of the Association till he ceases to be a member. Any Ministerial member shall apply for membership of the Association in the prescribed application form i.e. Annexure-I (authorization to get subscription of Association from Salary Bill) furnishing all the particulars as required in the said Form.

B) DISQUALIFICATION FROM MEMBERSHIP/ PUNISHMENT :

(a) Members including Committee Members and office bearers who shall not clear monthly subscription within six months shall be debarred and ceased to be a member of the Association. In a special case with the approval of Committee of the Association, his /her membership shall be revoked.

(b) Members including Committee members and office bearers whose act proves anti-Association shall be expelled for a term as fixed by Committee.

C) APPEAL :

Members whose membership has ceased and / or removed and / or suspended shall apply in writing addressed to the President of the Association through proper channel for reinstatement of membership of AICESTMOA, Bihar & Jharkhand. On receipt of such application, General Secretary shall place before Committee for its acceptance / rejection. On acceptance / approval of application, applicant shall pay all outstanding subscription dues for the defaulting period along with or fine of Rs.100 (hundred) only or as per the discretion of president.

ARTICLE –IV

A) ORGANISATION:- The body of the Association shall be constituted by democratic means i.e. election shall be held to constitute a committee and shall be called ‘Committee’. The Committee shall have 18 members, from which Unit Committee shall be constituted.

B) COMMITTEE MEMBERS:-The Committee shall be constituted amongst the Committee members and shall consist of the members as placed below in descending order of rank with number(s):-

I) President (01)

II) Vice-President (02)

III) General Secretary (01)

IV) Organization Secretary (01)

V) Joint Secretary (07 or from each Unit/ Commissionerate which is less)

VI) Cadre Secretary (03 or from each cadre which is less)

VII) Welfare Secretary (01)

VIII) Office Secretary (01)

VIII) Treasurer (01)

C) POWER & DUTIES

I) A) PRESIDENT:

a) The president shall be the Constitutional head of the Association and shall advise the General Secretary and the Committee in all matters of importance on the activities of the Association from time to time.

b) The president shall preside over the meetings of Annual General Meeting/General Body/Conference etc.

c) All points raised at the meeting of the General body or Committee Meeting shall be decided by the President/Vice president actually in occupation of the chair at the meeting and his ruling, once given, shall be final but in case of major issues consent of the majority of the Committee is needed.

d) President shall supervise and conduct proceedings of the meeting and shall maintain discipline and decorum of the meeting. In case of indiscipline, he can pass marching order and or defer/ postponement of the meeting.

e) President actually in occupation of the chair at the meeting shall have the power to cast vote in case of voting by members present and voting in the meeting, results in a tie.

f) The President with consultation of General Secretary & Organization Secretary or Committee shall have the power to convene the meetings Annual General Meeting, General Body Meeting, Committee Meeting and an Emergency Meeting. Decision taken in such meetings will have to be ratified by 2/3^rd of the Committee members present and voting subsequently.

g) The President with consultation of vice President, General Secretary and Organization Secretary shall have the power to remove any Committee member on the advice of 2/3^rd majority of the Committee members present and voting.

h) The President shall have power to audit of the Accounts / Expenditures/ any other actions periodically maintained/ taken by any of the committee members and make control by giving observations or any decisions taken by Committee members with 2/3^rdMembers.

I (B) REMOVAL OF PRESIDENT

If any Committee member moves an impeachment motion in writing duly supported by 3 Committee members on the ground of inefficiency, partisanship, partiality with a particular cadre, financial irregularities or any other charges against the president addressed to General Secretary of AICESTMOA, Bihar & Jharkhand, a Committee meeting shall be convened within 30 days from the receipt with consultation of Organization Secretary. This meeting shall not be convened before three days from the date of intimation to the president of Charges and motion moved in this regard. On endorsing the motion by 75% (Seventy five) of the Committee members present in the Committee meeting convened for the purpose. The president shall stand removed.

II) VICE PRESIDENT

In absence of President, Vice-president shall utilize all the power and duties of president and shall act as president of the Association.

He shall keep informed the president on the developments of Association and Federation and shall assist in discharging the duties of president efficiently and effectively. He may be removed similarly as mentioned in C, (I), (B) of Article IV above.

III) A) GENERAL SECRETARY

(i) Shall be the Chief of Committee of the Association and shall be responsible to president.

(ii) Shall keep office bearers/Committee members well informed of the activities of the Association.

(iii) Shall be responsible to carry out the decision/resolution adopted inAnnual General meeting/General Body Meeting/ Committee Meeting etc.

(iv) Shall convene Annual General Meeting /Committee Meeting / Emergency Meeting/Conference etc with consultation of President and Organization Secretary.

(v) Shall establish liaison and Correspond with All India Federation and other federating units/sister organization of state or national level organization of Department and Intra-department. He shall correspond with authorities and other organization. All the correspondences shall be made his seal and signature.

(vi) Shall operate Bank Accounts and handle all the financial matter with Treasurer jointly. He shall be responsible for the acts of omission and commission made by the Treasurer and shall ensure placement of audited accounts in A.G.M. and an unaudited comprehensive statement of Accounts at Committee meetings on quarterly basis.

III) B) REMOVAL OF GENERAL SECRETARY:

If any Committee member moves a “NO CONFIDENCE MOTION“ against General Secretary in writing on the ground of ineptness, partisan-ship, partiality with a particular cadre, financial irregularities, or any other charges in writing duly supported by at least three Committee members addressed to President AICESTMOA, Bihar & Jharkhand, a Committee meeting shall be convened within 30days from the date of receipt with consultation of Organization Secretary. This meeting shall not be convened or No Confidence Motion shall be discussed before three working days from the date of intimation to the General Secretary of charges and motion moved in this regard. On endorsing the motion by majority of Central Committee members in the meeting present and voting, the General Secretary shall stand removed.

IV) ORGANIZATION SECRETARY

(i) Possesses the responsibility for maintaining the integrity of the Association and shall establish coordination among Committee members.

(ii) Possesses to avoid the situation that the Association shall never become dormant.

(iii) Possesses to fill any vacant post including President, Vice- President, General Secretary, Joint Secretary, cadre Secretary etc. created due to promotion, resignation etc. by conducting election/ Committee Meeting / relevant activities etc. with consultation of any of the authorities viz. President/ vice- President/ General Secretary or Committee.

(iv) As Any AGM/Committee Meeting/Emergency Meeting/Conference etc which shall be convened by President / General Secretary will be organized by Organization Secretary with assistance of concerned Joint Secretary which will be assisted by concerned Joint Secretary.

(v) Shall establish liaison and Correspond with All India Federation and other federating units/sister organization of state or national level organization of Department and Intra-department with direction of President and General Secretary.

(vi) shall be authorized to operate the Association’s blogger and e-mail ID etc on internet for frequently updating of relevant letters/ Orders etc and shall make authorize any of the Committee Members to operate them in his absence or in need.

(v) shall be authorized to assign works to Joint Secretary and Cadre Secretary for welfare of the Association and Ministerial Officers.

(vi) In Absence of the General Secretary, Organization Secretaryshall assume all the power and duties of General Secretary and shall act as General Secretary of the Association.

(V) JOINT SECRETARY

There shall be Joint Secretary in each Commissionerates viz. Central Excise & Service Tax, Audit, Appeals or Customs (P). He shall be head of the concerned Unit Committee which consists of Unit Secretary and its members. As the eligibility of Joint Secretary, he must be posted at concerned Commissionerate for which he shall lead. After promotion in Inspector grade or transfer to other Commissionerate etc, he shall hand over the charge to whom allotted by Committee or in election.

They shall act as liaison officers among Members of the Association at concerned Commissionerate and General Secretary/ Committee and shall maintain records of membership pursue the cases of individual member, act on local problems of their respective jurisdiction and shall take up the matter with the head of office/ department with the help of General Secretary if so necessitated. He shall co-ordinate with the Committee Members and of their respective Unit (Commissionerate). They shall also collect departmental/Intra-departmental information pertaining to staff interest and shall place the same in Committee Meeting for proper dissemination. They shall carryout the guidelines and decision taken in AGM/Central Committee Meeting and also miscellaneous work as and when entrusted by General Secretary in their respective zone. They shall advice General Secretary on the matter of importance.

He shall assist General Secretary of AICESTMOA, Bihar & Jharkhand in all matters of staff interest and also in dealing with the subject pertaining to Federation and related correspondences.

(VI) CADRE SECRETARY:-

There shall be cadre Secretary for each cadre of Ministerial Officers viz. Cadre Secretary (CS) to LDC, CS to TA, CS to STA/EA. The responsibilities lay on the cadre Secretary for welfare & grievances etc. viz. Transfer/ Postings, promotion, seniority etc. of the concerned cadre. The concerned Cadre Secretary may keep the grievances before General Secretary & Organization Secretary or Committee. Further action may be initiated as decided in a Committee Meeting with majority. They should keep & maintain disposition list/ seniority list (including one grade higher)/ grievances, if any so that each cadre shall be represented indiscriminately.

(VII) WELFARE SECRETARY:-

He shall look after the work relating to the benevolent nature. He shall be responsible to co-ordinate in case of medical requirement by arranging medical help and taking up the matter with department. In case of an unfortunate death of a subscribing member, praying visit to the bereaved family, pursuance to expedite official procedure related to monetary benefit, pension, Compassionate appointment etc. shall be looked after by Welfare Secretary. He shall try to arrange social activities for the betterment of staff members and other works as and when entrusted upon him by General Secretary, AICESTMOA, Bihar& Jharkhand.

(VIII) OFFICE SECRETARY:-

He shall assist President, General Secretary and Organization Secretary to discharge their duties effectively. He shall keep records of receipt and dispatch of letter. He shall also keep watch that all relevant records on policy matter, service matter, transfer & posting, promotion order and matter pertaining to individual members are being properly maintained in Association office. He shall function as in-charge of Association Room and shall arrange/correspond with Department for proper maintenance of Association Room. He shall carry out the guidelines or instruction as and when entrusted upon him by General Secretary.

(IX) TREASURER:-

He shall operate Bank Accounts with General Secretary jointly. He shall have control over the fund flow of Association. He shall be responsible to keep accounts of Association up to date and place audited account in
Annual General Meeting (AGM) and also an unaudited comprehensive statement of Account in Committee meetings on quarterly basis. He shall be authorized to hold a certain amount in hand (Cash), as decided by Committee, to meet day to day and exigency expenditure. Failing to provide audited account at AGM and / or getting notice in writing addressed to GS, AICESTMOA, Bihar & Jharkhand, by any subscribing member for a copy of comprehensive unaudited statement of Account placed in last Central Committee meeting within 45 days, may face legal consequences if the aggrieved member so desires.

(X) REMOVAL OF COMMITTEE MEMBERS EXCEPT MENTIONED ABOVE

If any Committee member moves a “NO CONFIDENCE MOTION“ against a committee members in writing on the ground of ineptness, partisan-ship, partiality with a particular cadre, financial irregularities, or any other charges in writing duly supported by at least three Committee members addressed to President AICESTMOA, Bihar & Jharkhand, a Committee meeting shall be convened within 30days from the date of receipt with consultation of General Secretary. This meeting shall not be convened or No Confidence Motion shall be discussed before three working days from the date of intimation to the Committee member of charges and motion moved in this regard with the 2/3^rd majority of present committee members which completes the quorum.

ARTICLE-V

FINANCE: -

The Association shall be financed by: -

(a) The subscription from member as per the rate decided in a Committee or grant if any from Government/Department.

(b) Donation(s) either from individual or from units and / or well-wishers on issuance of proper signed receipt.

(d) Bank Account shall be operated under the signature of General Secretary and Treasurer jointly. Treasurer shall be fully responsible for all the Bank Transactions. All the bills shall have the signature of General Secretary and Treasurer.

MODE OF COLLECTION:-

(a) Subscription/Donation shall be collected through receipt book only. The amount of subscription /donation may be in Cash/Cheque (drawn on at Patna only).

(b) Subscription shall be collected through pay bill as envisaged in New RSA Rule, 1993 on receipt of Authorization form from members (Annexure-I).

1. Disbursal- All the expenses incurred for the activities of Association shall be met up through the finance collected.

In the event of collection of subscription through salary bill, expenses of Unit Committee shall be reimbursed by Committee.

2. A statement of A/C shall be submitted by the Unit Committee on half yearly basis to the Committee.

3. The Committee reserves the power to call for statement of A/C from the Unit Committee. In case of irregularities noticed, the Committee may opt to freeze the corpus.

ARTICLE-V

ELECTION : :

i) Election shall be held as far as practicable as per the procedure laid down by Election Commission of India. The election shall be held to choose 16 (sixteen) Committee members/ office bearers amongst candidates and the term of Committee shall be for two years from the date of publication of Election result.

ii) A member of Ministerial cadre shall have the power to file his/her nomination to be elected as Committee member.

iii) The election of the Committee members shall be by Secret ballot. It shall be conducted by a Returning Officer as Head of Election Officers, on being appointed by authority, along with presiding and polling officers’ number of which shall be decided by Returning officer.

iv) i. Election Notification/Instruction shall be issued by the Returning officer so appointed by the Cadre Controlling authority on receipt of the letter from the General Secretary recommending the name ofGazzetted officers having their consent in positive.

ii. Returning officer on being so appointed by the authority shall issue instruction and code of conduct for election at least 30 days in advance from the date of election having at least 7 working days for filling the nomination. The nomination can be withdrawn within 5 working days after closing of the filling of nomination.

iii. Instruction for election being issued by Returning Officer inviting nomination from the members shall invariably contain the pre-conditions to be a candidate i.e. a) No dues certifications from Zonal Secretary of their respective zones on Nomination form. b) Belief and faith on constitution of AICESTMOA, Bihar & Jharkhand.

iv. Returning Officer shall appoint booth-wise presiding officer to conduct the election. Necessary instruction in regard to conducting the election shall be issued by the Returning Officer as per the format (Approx) enclosed. Necessary amendment in format may be made by the Returning Officer as per the requirement to conduct election properly.

v) Voters List shall be finalized/published 30 days in advance of Election date. To prepare Voters List the Central Committee shall take endeavour in advance with proper opportunity to staff members to settle any grievances, if any, regarding inclusion or omission from Voters list, so that Returning Officer may publish or enlist Voters list to Notice Board well in time.

vi) During voting, no candidate shall be allowed to enter polling booth except for observance that election is progressing smoothly or any discrepancy is there for a brief period.

vii) Canvassing by candidates shall terminate one day before the date of election.

ELEGIBILTY:-

A member filling nomination must fulfill all the criteria, namely

a) Should have no dues of subscription of Association.

b) Willing to take oath as provided in the Constitution.

c) Should have continuous membership for 6 months prior to the date of nomination.

VOTING:-

a) Each member shall cast maximum of 29 (Twenty nine) votes against the names printed in ballot papers.

b) Voting shall be conducted by “Secret Ballot” only.

c) Members who have outstanding subscription shall have to clear all the dues prior to publication of voters list election.(otherwise he/she shall have no right to cast his/her votes.)

d) In case of a vote cast by other members, the presiding officer shall allow original member duly certified by polling agents present, and to his satisfaction to cast his/her Votes. Presiding Officer shall mention the fact and name of member in his report to Returning officer.

COUNTING :-

Counting shall be done on pre specified date, time and place. On receipt of ballot papers from Presiding officers of various polling booths in sealed manner, bearing clear name, signature of presiding officer and place by Registered Post/Special Messenger/Courier Service as the mode adopted by the Presiding Officer so that ballot papers may reach well in time and safely to Returning Officer. Returning Officer shall open the box/envelop in presence of Candidates or Representative present of groups. The polling officers in presence of candidates/ representatives shall reconcile the used and unused ballot papers and also the signature of presiding officers on ballot papers.

After voting of ballot papers, counting shall be done by counting officers by mixing all the used ballot papers to keep the secrecy of the identity of voters.

If any allegation lodge to the Returning officer by the candidates regarding misuse of voting machinery or any, in a particular Zone or area, the ballot paper of that particular area/zone shall be counted separately to locate and verify the allegation and also to know the modus operandi of misuse so that no such recurrence may take place.

In case the allegation raised by the Candidate in writing get substantiated established, Returning officer on being so satisfied shall direct re-election in that booth/booths only.

In case of any dispute regarding counting, the decision of Returning officer shall be final and binding on all the groups/candidates.

In case of tie in all cases the results shall be decided by drawing of lots by Returning officer in presence of candidates present.

DECLARATION OF ELECTION RESULT

Returning officer on receipt of list containing the no. of votes polled by each candidate from counting officer nominated by the Returning officer for the purpose, shall issue circular within 3 days specifying the candidates polled votes in descending order. The copy of the circular shall be provided to candidates. The list of wining candidates shall be circulated to all Commissioner/Addl. Commissioner/Assistant Commissioner for information.

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS ASSOCIATION, BIHAR AND JHARKHAND UNIT

CONSTITUTION

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