Clarification on various points regarding recognition /continuation of recognition of service associations and due attention to the issues raised by J
Clarification on various points regarding recognition /continuation of recognition of service associations and due attention to the issues raised by JCM members and representatives: MoD
OFFICE OF CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR MARG, PALAM, DELHI CANTT.-110010
Date: 13 .07.2021
All PCDAs/CDAs/ CsFA
Subject: 1) Clarification on various points regarding recognition /continuation of recognition of service associations under CCS(RSA) Rules, 1993.
2) Request for giving due attention to the issues raised by the JCM members and representatives of recognized federations and confederations -reg
Please find enclosed copies of MoD/D(JCM) ID Nos. 14(1)/202 1-D(JCM) dated 16.06.2021 and 5(1)/2020-D(JCM) dated 5.07.2021 on the above cited subject matters for information, guidance and compliance.
(Rajeev Ranjan Kumar)
Dy. CGDA (AN)
Government of India
Ministry of Defence
[Department of Defence]
Sub:- Request for giving due attention to the issues raised by the JCM Members and representatives of recognized Federations and Confederation – reg.
It is stated that in the Additional Mechanism meeting convened by Joint Secretary (Estt.) with the representatives of the Federations and Confederation 06.01.2021, it was pointed out by the Staff Side that some of the Administrative wings, Headquarters, Directorates under the MoD and the Heads of the Establishment of the lower formations were not giving proper attention to the grievances/issues raised by the representatives of the recognized Federations and Confederation.
2. D(JCM) Section, Ministry of Defence, in the past has issued guidelines/ instructions for providing the facilities to the representative of the recognized Federations/Confederation and Unions/Associations. Accordingly, all Administrative sections, Headquarters and Directorates are once again requested to ensure proper attention to the issues/grievances raised by the representatives of the recognized Federations and Confederation. Besides, appropriate action may be taken on the following points:-
(i) Copies of orders , circulars and instructions connected with service matters and or general nature and of interest to the employees may be forwarded by mail to the JCNI Members and General Secretary/President of recognized Federations a9d Confederation.
(ii) Representations received from the General Secretary/President of the recognized Federations and Confederation may be replied to.
(iii) Meetings with the representatives of recognized Federations and Confederation may be facilitated, if needed; and
(iv) Meeting of JCM L.evel-111 8( IV and meetings under Additional Mechanism may be regularly convened.
3. . The e-mail IDs of the recognized Federations and Confederation along with their postal address are given below:-
1) Shri C. Srikumar, General Secretary,
All India Defence Employees Federations (AIDEF),
S.No. 81 , Dr. Babasaheb Ambedkar Road,
S.M. Joshi Bhawan. Khadki, Pune – 411003 .
Email Id: defempfed[at]gmail.com
2) Shri R. Srinivasn, General Secretary,
Indian National Defence Workers Federation (INDWF),
No.6 , 5th Street, Vaisnnavi Nagar, RCC Post, Chennai – 600109.
Email Id: indwfrsrinivasan[at]gmail.com
3) Shri Mukesh Singh, General Secretary, Bhartiya Partiraksha Mazdoor Sangh (BPMS),
2, Naveen Market, Kanpur – 208001.
Email Id: gensecbpms[at]yahoo.co.in
4) Shri V.P . Dhyani, General Secretary,
Confederation of Defence Recognized Associations (CORA),
B-174, Moti Bagh-·1 ,
Near Basrurkar Market. New Delhi-110021.
(Anil Kumar T.)
Under Secretary to the Govt. of India ,
Telefax No. 2301 1260
MoD I.D. No. 5(1)/2020-D(JCM) dated 5th July, 2021
Ministry of Defence
Department of Defence
Subject: Clarification on various points regarding recognition/continuation of recognition of service associations under CCS (RSA) Rules, 1993.
Reference: Air HQ Not No. Air HQ/23058/Recog/PC-JCM & Trg dated 31st August, 2020 and OFB Note No. 12/14/1/2020/PER/ IR dated 21/12/2020 on the above subject.
2. It is stated that this Ministry has obtained expert opinion from DoP&T on the various queries raised by Air HQ and OFB regarding recognition/continuation of recognition of Service Associations under CCS (RSA) Rules, 1 The queries raised and the corresponding clarification are as under:
|SI. No||Queries raised by Air HQ/OFB||Clarification from DoP&T|
Audited statement: As per Para 6(e) of RSA Rules, 1993 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 1st day of July each year. However, there is no mention of the fact that who shall be the auditor to audit the annual statement. It is therefore, clarified whether the auditor can be one elected/ nominated by the Service Associations from their members or it has to be a Certified Chartered Accountant only.
|Para 2.5 of OM No. 2/10/80-JCA dated 31st Jan, 1994 (Broad guidelines for verification of membership of Association for the purpose of recognition under CCS (RSA) Rules, 1993) may be referred which states that “Recoveries of annual subscription from pay roll in favour of a particular Association shall be made by the DDO once year in the month of July. In this regard, it is clarified that as per the Government procedure, as and when there is audit, it is always done by Internal Auditors of the Government body and not by private firms.|
Election/Nomination of Office Bearers: The Service Association has proposed in its constitution that all key office bearers of the Association except General Secretary will be elected in the General Body Meeting. The Gen Secy will be nominated by the President. Due to not being elected, the post / office of Gen Secy is out of ambit of Rule 15(1)(c) of CCS (Conduct) Rules, 1964, which stipulates that “a Government Servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government Servant contests an election in such body, as existing rules.” It is requested to clarify as to whether the proposition made by the Association in its Constitution is in order or otherwise.
|Para (ii) of DoP&T Note No.2/5/94-JCA dated 28.7.1994 may be referred, wherein, it is mentioned that, “Constitution of an association must lay down procedure for conduct of elections to elect office bearers/members of Executive Committee . Such election should be conducted by Associations themselves .” As far as the provisions in the Service Associations, it shall have elected members/office bearers and the incumbents cannot be nominated by other functionaries.|
|3.||MoD may issue necessary instructions considering the contents uploaded /displayed through web sites of some associations like IOFGOA, NDGBGOA, AIANGOs etc and whether the same would qualify to mean publication of periodical, Magazine etc.||
As per CCS (RSA) Rules, 1993, sub-rule 6(h) & (i), “The Service Association shall not start or publish any periodical magazine or bulletin, without prior approval of Government”.
In so far as the query for hosting websites, and operating social media pages and blogs etc., this does not conform to the CCS (RSA) Rules, 1993 and DoP&T does not have the mandate to grant approval for websites and social media blogs.
3. It is further informed that the provisions of CCS (RSA) Rules 1993 and instructions issued time to time in this regard, specifically O.M No. 2/10/80-JCA dated 05.11.1993 are to be followed, while formulating Constitution/Bye laws of Service Associations.
(Anil Kumar T.)
Under Secretary to the Government of India
MOD ID No. 14(1)/2021-D(JCM), dated 16/6/2021