No. 27/2/2005-Dir.(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

*********

RoomNo.361, Lok Nayak Bhawan,

Khan Market, New Delhi,

dated the     13th   July, 2007

OFFICE MEMORANDUM

 

 

Subject  :    Recognition of the Federation of the employees of Non-statutory

                   Departmental Canteens/Tiffin Rooms located in Central Government Offices.

 

 

The undersigned is directed to refer to this Department’s O.M. No.27/2/96-Dir.(C) dated 20.2.2003 on the above subject and to say that the recognition of the association representing non-statutory departmental canteen employees was considered at length in terms of CCS(RSA) Rules, 1993.  After careful consideration  and taking into account all relevant information and factors, it was decided that the recognition of a separate association for the canteen employees either on All India basis or Department- wise may not be warranted.  However, it was decided that the canteen employees should get appropriate forum for settlement of their grievances  at the Departmental level either through JCM or through the process of consultations with the recognized Associations/Unions and, therefore,  Ministries/Departments were requested vide this Department’s  O.M., dated 20.2.2003 to review the arrangements and  take suitable action so that    the canteen employees  are represented   through comparable categories of the recognised service associations. 

 

2.         Since this office has been receiving  numerous of representations/references from the canteen employees for settlement of their grievances, Ministries/Departments are once again requested to review the  present arrangement in terms of this Department’s O.M. dated 20.2.2003 (copy enclosed) so that the canteen employees get forum for redressal of their grievances.

 

Encl : As above.                                                                                                        

                                                                                                                                                                        Sd/-                                                                               

( Lal Singh )

Director(Canteens)

Tel. No. 24624893

To

 

1.         All Ministries/Departments  as per list.

            (Attention : Director/Deputy Secretary(Admn.)

2.         Department of Personnel and Training, JCM Desk, North Block, New Delhi.

3.         Director (Admn.), Department of Personnel and Training, North Block, New

            Delhi.

4.         DS(CS-IV), Department of Personnel and Training, Lok Nayak Bhawan, New 

            Delhi.

 

 

 

 

 

 

 

No. 27/2/96-Dir.(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

*********

Lok Nayak Bhawan,

New Delhi dated the 20 Feb. 2003

 

 

OFFICE MEMORANDUM

 

Subject  :   Recognition of the Federation of the employees of non-statutory Departmental

                  Canteens/Tiffin Rooms located in Central Government offices.

 

 

The undersigned is directed to say that matter regarding granting of recognition to the Associations representing non-statutory Departmental Canteen Employees had been under consideration of the Department  for quite some time.  The Service Association/Unions/Federations formed by the Central Government Employees seeking recognition as a representative body are required to comply with the requirements of the CCS(RSA) Rules, 1993.  The relevant Rules were circulated vide this Departments O.M. No. 2/10/80-JCA dated 5th November, 1993 (copy enclosed).  According to these instructions, the  associations are to  be formed and recognized Department/Ministry-wise on all India basis to represent distinct category of employees as may be defined.  The question of formation of a separate Association of Canteen employees has also been considered.  After careful consideration and taking into account all relevant information  and factors as furnished by various Departments, it has been decided, in consultation with the competent authority, that recognition of Associations of Canteen employees either on All India Basis or Department-wise may not be warranted.  It has also been observed that in some of the Departments, Canteen employees are being represented through Associations formed by other category of “C” & “D” group employees at Departmental  level.  Separate Associations for Canteen employees  are not found to be either practicable or feasible keeping in view the very small strength of these employees in a particular unit of Office/Department.  It has, therefore, been decided that there may not be separate Associations exclusively of Canteen employees and they may be represented through Associations formed by other comparable categories of employees.

 

2.         All Ministries/Departments may accordingly review the existing arrangements so that the Canteen employees get appropriate forum for settlement of their grievances at the Departmental level either through JCM or through the process of consultation with recognized associations/unions.  Issues of common interest at the Central level will, however, continue to be discussed in the National Council(JCM).

 

 

Hindi version of this O.M. is enclosed.

 

 

                                                                                                                                                                    Sd/-

( S.M. Sahariar )

Director (Canteens)

 

Encl:  As above.

 

To

 

1.         All Ministries to the Government of India ( as per standard list).

2.         Department of Personnel & Training, JCA Desk, North Block, New Delhi.

 

 

 

 

 

 

 

 

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and 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 and six months from such commencement or till the date on which the recognition is withdrawn, whichever is earlier.

 

5.         Conditions for recognition of Service Associations  : A Service Associations 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)        memberships of the Service Association has been restricted  to a distinct

category of Government servants having common interest all such Government servants’ being eligible for membership of the Service Association :

 

            (d)        (i)         The Association represents minimum 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 percent may be recognized if it commands atleast 15 per cent membership :

                       

                        (ii)        The membership 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 Associations ;

 

(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   recognised 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 politician  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 Organisation 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 1st  day of July each year;

 

(f)         the Service Association shall abide by and  comply with all the provisions of its constitution bye-laws;

 

(g)        any amendment in the constitution bye-laws of the Service Associations, after its recognition under these Rules, shall be made only with the prior approvals 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 prejudicial to the interests of the Central Government, the Government of any State or any Government authority or to good relations   between Government   servants and the Government or any Government authority, or to good relation between the Government of India and the Government of a foreign State;

 

(j)         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 of the provisions of the Central Civil Services (Conduct) Rules, 1964; and

 

(l)         Communications addressed by the Service Association or by any officer-bearer on its behalf to the Government   or a Government authority shall not contain any disrespectful or improper language.

 

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 manners as the Government may be order prescribed.

            (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) or 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 or 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]

 

Signed Copies

 

English Version             Hindi Version