Recognised by the Government of India vide Letter F.No.B 12017/15/2001 Ad IV A Dated 29th April, 2004
Head Office: 3rd Floor, New Custom House, Ballard Estate, Mumbai - 400 001 (INDIA)
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CONSTITUTION & RULES OF THE FEDERATION
(Enacted on the 30th September, 2000)
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1. NAME
The name of the organisation shall be "All India Federation of Superintendents of Customs" and hereinafter shall be referred to as the Federation.
2. HEADQUARTERS
The Headquarters of the Federation shall be situated at the Headquarters of the President, the Secretary General, the Joint Secretary, the Treasurer and
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[two] Vice-President of the Federation, all of whom shall be from the same Port.
3. AIMS & OBJECTS
The aims and object of the Federation shall be:
(a) To secure improvement and amelioration of the conditions of its members and safeguard their interests by all legitimate, peaceful, democratic and constitutional means as the Federation may decide from time to time.
(b) To represent the interest of all the members of all its Constituent Associations irrespective of their caste, creed, tribe or religious denominations or of any group within or section or faction of such race, religion, caste or creed or religious denominations.
(c) To imbibe and inculcate a spirit of fellow-feeling and co-ordination amongst all the members of the Federation.
(d) To develop healthy relationship between the members and the Administration, as well as with other cadres.
(e) To co-ordinate, promote and guide the activities of the Constituent Associations.
4. MEMBERSHIP
Any Superintendent of Customs shall be eligible for membership of the Federation subject to the fulfillment of the terms and conditions laid down herein.
5. ADMISSION
No Superintendent of Customs shall be member of the Federation unless:
(a) He/She has applied in the prescribed form (as in Annexure I) together with the admission fee for admission. He/She also has to give an authorisation for deduction of the annual subscription from his/her salary (as in Annexure II).
(b) He/She has agreed to abide by the Constitution, decision and discipline of the Federation.
(c) Federation shall grant admission to the individual members primarily recommended by the Constituent Associations, affiliated in terms of Rule 7 or, in the absence of the Constituent Association, by the Working Committee of the Federation.
6. ADMISSION FEE AND SUBSCRIPTION
(a) There shall be an admission fee of Rs.20/- (Rupees Twenty only).
(b) The annual subscription of each member shall be Rs.240/- (Rupees Two Hundred Forty only).
(c) Besides the annual subscription, every member shall be liable to pay any contribution or donation that may be decided by the Working Committee from time to time.
(d) Donations or contributions from any individual or organisation, other than a member of the Federation, shall not be accepted.
7. AFFILIATION TO CONSTITUENT ASSOCIATION
(a) The Federation shall have the right to grant affiliation to the Associations formed at the Custom House level by the members of the Federation and such affiliated Association shall be known as the Constituent Association.
(b) The Association formed at the Custom House level by the members of the Federation shall be eligible to get the Affiliation of the Federation subject to fulfillment of the conditions laid down in the Constitution and Rules of the Federation and an application in the prescribed format (Annexure III) has been made by the Association.
(c) The Federation shall have the right to cancel the Affiliation of any Constituent Association which fails to abide by the provisions of the Constitution and Rules of the Federation and against whom action under Rule 11 has been initiated.
Note: For the purpose of the application of Rule 7, the General Body of the Federation shall be the Competent Authority.
8. POWERS AND FUNCTIONS OF THE CONSTITUENT ASSOCIATION
(a) The Constituent Association shall be empowered to grant admission to the Superintendents of Customs as members of the Federation in terms of Rule 5 and a post-facto concurrence of the Federation in such cases shall be obtained.
(b) The Constituent Association shall have the right to enact their Constitution / Rules and Regulations which shall include the conditions laid down in Rule 9 and shall be in tune with the provisions of the Constitution and Rules of the Federation in letter and spirit.
(c) The Constituent Association shall be empowered to receive the Admission Fee and the Subscription/Contribution from the members of their respective Custom House.
(d) The amount so collected by way of annual subscription from the members in terms of Rule 6(b), shall be apportioned between the Constituent Association and the Federation at the ratio of
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[60:40] and the total amount collected as Admission Fee in terms of Rule 6(a), shall be remitted to the Federation.
9. CONDITIONS
(a) The Federation and its Constituent Associations shall abide by the conditions laid down in the Central Civil Services (Recognition of Service Associations) Rules, 1993.
(b) The total number of members in the Executive Committee of the member Associations shall be restricted to a minimum of 5 (Five) and maximum of 5% (Five Percent) of the total membership of the respective Association or 25 (Twenty-five) whichever is less.
(c) The total number of delegates to attend the Annual Conference of the Federation from each member Association shall be restricted to its Executive Committee and 2 (Two) Observers.
(d) The Constituent Associations shall follow the financial year from 1st April to 31st March and shall complete the election and form the next Executive Committee by 30th April.
(e) The Constituent Associations shall furnish to the Secretary General of the Federation the List of Members, Annual Report, Statement of Accounts and the details of the Executive Committee immediately after their Annual General Meeting every year.
10. TERMINATION OF MEMBERSHIP
The membership shall be terminated by -
(a) Resignation.
(b) Non-payment of annual subscription for two consecutive years and on expiry of two month's notice served to that effect.
(c) Expulsion.
(d) Ceasing to remain as an officer of the cadre.
NOTE: The decision to terminate the membership of a member shall be taken in a General Body Meeting of the concerned Constituent Association on a resolution passed by a majority and after a post-facto approval to that effect is obtained from the Federation, the membership can be terminated in the cases concerning the sub-rules (a), (b) & (c) above. In the case concerning sub-rule (d) above, the termination of membership shall be automatic.
11. DISCIPLINARY ACTION
The Working Committee of the Federation shall have full powers to take such action as it may deem fit against any Constituent Association, for violation of the Constitution of the Federation and/or its decisions and/or discipline and/or for any action against the interest of the Federation, provided the Association concerned has been given notice regarding the nature of the offence for which such action is contemplated and provided that sufficient opportunity to defend has been given. The aggrieved party shall, however, have the right to appeal to the General body of the Federation.
12. RE-ADMISSION
Any member whose membership was terminated in terms of the sub-rules (a) and (b) of the Rule 10 may be re-admitted subject to payment of fresh admission fee as laid down in rules and on compliance with any other condition as may be resolved by the General Body.
13. GENERAL ASSEMBLY&GENERAL BODY
a) The General Assembly shall consist of all the members of the Federation.
b) The General Body of the Federation shall consist of all the members of the Executive Committees of the Constituent Associations.
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[Such Executive Committees of the constituent Associations shall be formed by holding local elections by secret ballot, in case of contest.]
14. WORKING COMMITTEE
The affairs of the Federation shall be managed by the Working Committee consisting of the following office bearers, who shall hold office till the formation of the new Working Committee in the next financial year and shall be elected by the General Body, as per the procedure described in Rule 15, provided such office bearers are the members of the respective Executive Committees of the Constituent Associations:
(a) One President.
(b)
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[Two Vice-Presidents.]
(c) One Secretary General.
(d) One Joint Secretary.
(e) One Treasurer.
In addition:
(i) The Presidents and General Secretaries of the Constituent Associations shall be members of the Working Committee of the Federation.
(ii) The President, the Secretary General, the Joint Secretary, the Treasurer and
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[two Vice-Presidents] of the Federation shall all be from one Port on the principle of rotation from Port to Port. The General body, however, may elect the office bearers from the same Port for the next term.
(iii) The
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[six] office bearers [as mentioned in sub Rule (ii) above] of the Federation in the Headquarter Port and the President and General Secretary of the local Constituent Association where the Headquarters of the Federation is situated at the material time, may take any decision on any urgent matter subject to the ratification of the same in the next Working Committee meeting or the General Body meeting whichever is conducted earlier.
(iv) In case an office bearer of the Federation is not re-elected as a member of the Executive Committee of the respective Constituent Association, he/she shall continue to hold his/her office until relieved by the next General Body of the Federation.
15. ELECTION
The President, the two Vice-Presidents, the Secretary General, the Joint Secretary and the Treasurer shall be elected in the Annual General Body Meeting. Such office bearers should as far as possible be elected unanimously and unopposed. In case of a contest, the election shall be held to elect a panel of such six office bearers by the members of the General Body by a majority vote.
The contesting panels shall contain the proposed names of candidates shown against the posts of such six office bearers and such panels should be submitted to the President of the General Body who shall have the discretion to decide upon the procedure to hold such election.
16. MEETINGS
(a) The General Body of the Federation shall ordinarily meet once in every year.
(b) Special Meeting of the General Body of the Federation may be convened on the initiative of the Secretary General or the Working Committee or on receipt of requisition signed by at least one-third of the members of the General Body.
(c) The Meeting of the Working Committee shall be held at least thrice in every year.
(d) The General Assembly can be convened on a requisition signed by at least one third members of the Federation.
17. FUNCTIONS OF OFFICE BEARERS
a) The President
The President shall preside over all meetings of the Federation and its subordinate bodies and shall monitor the functioning of the Federation and shall take necessary steps for its smooth functioning. The President shall require the Secretary General or in his/her absence the Joint Secretary or the Treasurer to call meetings, general or special, as circumstances may require.
b) The Vice-President
The Vice President shall perform the duties of the President during his / her absence.
c) The Secretary General
i) The Secretary-General shall convene all meetings of the Federation, maintain all records and deal with the correspondence, etc. of the Federation.
ii) The Secretary General shall be responsible for proper execution of the decision, implementation of the policies and programmes adopted by the Working Committee or the General Body of the Federation in accordance with the aims and objects of the Federation.
iii) The Secretary General may delegate some or any of his/her powers to any member of the Working Committee of the Federation in consultation with the President.
iv) In absence of the Treasurer, the Secretary General shall perform the duties of the Treasurer.
d) The Joint Secretary
i) The Joint Secretary shall assist the Secretary General in his/her functioning.
ii) In absence of the Secretary General, the Joint Secretary shall perform the duties of Secretary General.
e) The Treasurer
i) The Treasurer shall be responsible for maintaining the proper Accounts of the Federation.
ii) In absence of the Secretary General and the Joint Secretary, the Treasurer shall perform the duties of the Secretary General.
18. NOTICES
The period of notice of the meetings of the General Body as well as that of the Working Committee of the Federation shall ordinarily be one month and that of the Extra-Ordinary Meeting of the Working Committee or the General Body of the Federation a fortnight or such shorter period as the President and the Secretary General may decide.
19. QUORUM
The quorum for the meetings of the General Body will be one-third of the members of the General Body and that of the Working Committee shall be five members, subject to a minimum of one each from two different ports.
The quorum for the General Assembly shall be not less than 1/3rd of the total membership of the Federation.
20. VOTES
Ordinarily all the decisions of the General Assembly, the General Body and the Working Committee should, as for as possible, be unanimous but in case of a division, the verdict of the majority present & voting shall prevail and in case of a TIE, the casting vote of the President will be the deciding factor.
21. FUNDS AND ACCOUNTS
a) The funds of the Federation shall be deposited in any reputed scheduled bank of India at the Headquarters of the Federation in the name of the Federation to be jointly operated by the Treasurer and the Secretary General or the President of the Federation and the accounts shall be audited every year by registered Chartered Accountant appointed by the General Body.
b) The President shall have the power to sanction expenditure upto Rs.10, 000/ - (Rupees Ten Thousand) and the Secretary General to make an expenditure upto Rs.5, 000/- (Rupees Five Thousand). The Treasurer may hold up to Rs.5, 000/- (Rupees Five Thousand) in cash as Imprest.
22. FINANCIAL YEAR
The financial year of the Federation shall be from 1st April to 31st March.
23. INSPECTION OF BOOKS
The records and the books of accounts of the Federation shall be made available for inspection to any member of the General Body, provided at least a weeks notice is given in writing to the Secretary General of the Federation.
24. SUBMISSION OF REPORT
The Federation shall furnish to the Government through proper Channel after the Annual General Meeting, the Annual Report, the audited Statement of the Accounts, the List of Members and office bearers of the Working Committee of the Federation.
25. AMENDMENTS
Any amendments to the Constitution of the Federation shall be made by a three fourth majority of the members present
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[and voting] at a General Body Meeting after prior approval of the Government of India.
26. DISSOLUTION
The Federation shall be dissolved if such decision is taken by all the Constituent Associations. It shall then be binding upon the office bearers of the Federation viz., the President, the Secretary General, and the Treasurer to divide the funds of the Federation proportionately among the Constituent Associations according to their contributions towards the funds of the Federation.
1. Annexure I »
2. Annexure II »
3. Annexure III »
RECOGNITION
Recognition of the Government of India »
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